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Home My WebLink AboutZBA-06/05/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING TttURSDAY, JUNE 5, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 5, 1997 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Linda Kowalski, ZBA Secretary Absent were: Serge J. Doyen Jr., Member (F.I.) and Maureen Ostermann (out-of-country). 6:45 p.m. Chairman Goehringer called meeting to order. The Chairman indicated he received a telephone call today from Town Attorney Laury Dowd, who is asking ZBA Members to attend Code Committee discussions regarding any committee agenda items - even when similar zoning items may be pending. Member Dinizio indicated he would call the Town Attorney since applications pending with the ZBA are discussed at public hearings. Re: New Application - Louis Moore Bacon (Property at Robins Island). The board members present requested an inspection.date of June 12) 1997 at 9 or 9:30 a.m. The Board Secretary indicated that Mr. Law wants to be present for visits to the Island, and that she would call Mr. Law tomorrow for transportation arrangements for board members from New Suffolk. The new application was agreed to be calendared for a public hearing as requested by Mr. Law for Thursday, June 19, 1997 (see resolution, infra). Page 2 Minutes Southold Town Board of Appeals Regular Meeting of June 5, 1997 AGENDA ITEM I. MISCELLANEOUS/RESOLUTIONS/OTHER: A. Reviews, pending inspection, updates by Members in re Application of Bell-Atlantic/NYNEX project at Mattituck. The Chairman confirmed that the lead agency in this project (PB) has requested a Long Environmental Assessment Form, which he believes has not yet been submitted. There was a brief discussion on SEQRA steps before advertising this matter for a public hearing, and in particular the need for the first few steps of SEQRA to be conducted (including a LEAF with accompanying documents (if any), when submitted and coordinated for review and comments to the involved agencies). There was aiso a brief discussion about the distance of the proposed tower to the right-of-way of the LIR (MTA) and it was agreed that the Chairman would send a letter to the MTA. Since the time frame for SEQRA documents and time frame for calendaring this matter for a public hearing, the following action was taken: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to send a letter to Mr. Pachman requesting an update of the town file to determine when a public bearing may be appropriate. VOTE OF THE BOARD: AYES: Goehringer. (Members Ostermann and resolution was duly ADOPTED (3-0). Members Dinizio, Tortora and Doyen were absent. ) This AGENDA ITEM I-B. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize advertisement of the following applications filed after 5/19 for public hearings on June 19, 1997 (varying between 6:45 and 10 p.m.) #4487-JD: Feller #4488-LT: Pearlstein #4489-MO: McGahan] Fleet #4491-JD: Robins Island. Vote of the Board: Ayes: All. This resolution was duly adopted (3-0). AGENDA ITEM I-C. RESOLUTION. On motion by Chairman Goehringer, seconded by Member Dinizio, it was Page 3 - Minutes ~ Southold Town Board of Appeals Regular Meeting of June 5, 1997 RESOLVED, to AUTHORIZE advertisement of the following new applications for public hearings on July 10, 1997: #4492.LT - Walter Klein #4356.GG - Martin Kosmynka (carryover for garage location) Vote of the Board: Ayes: All. This resolution was duly adopted (3-0). AGENDA ITEM II. DELIBERATIONS/DECISIONS: Appl. of Barry Asness. Deliberations and decision were carried over to 6/19 because a quorum was required (Chairman Goehringer abstained from this application). 2-a. Bell-Atlantic]NYNEX located at Orient. Board Member J. Dinizio indicated he would like to commence deliberations. It was agreed to inquire further with the Town Attorney. 2-b. Bell-Atlantic/NYNEX located at Mattituck. Brief discussion about next step - SEQRA and then public hearing was expected. 3. Application of J. Niederauer: continued on next page. Page 4 - Minutes Regular Meeting - June 5, 1997 Southold Town Board of Appeals FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JUNE 5, 1997 Appl. No. 4479 - JOHN and ELSIE NIEDERAUER PARCEL 1000-53-4-7 STREET & LOCALITY: 1745 Bayshore Road, Greenporr DATE OF PUBLIC HEARING: May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northeasterly side of Bay Shore Road with 100 ft. water frontage and 100 ft. road frontage. This lot contains a total area of 24.000 sq. ft. and m improved with a single-family, one-story frame house and accessory shed in the front yard area, all as shown on the survey map prepared by Anthony Lewandowski, L.S. dated June 24, 1995. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 18, 1997, under Article III, Section 100-33C for permission to construct an accessory garage in the front yard at less than the required 40 feet for a parcel containing 24,000 sq. ft. in area. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate an 24 ft. by 24 ft. accessory garage at a distance of 20 feet from the front yard property line at its closest point {and which location is shown behind the existing shed to be removed, which is at nine (9') feet from the front property line.} REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because it would be built too close to the road. (2) The benefit sought by the applicant can be achieved by some method~ feasible for applicant to pursue, other than an area variance by locating the proposed garage at a greater setback distance. (3) The requested area variance is substantial from the setback requirement of 40 feet provided by Sections' 100-33C and 100'244B for a waterfront parcel consisting of 24,000 square feet in size. (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building will be too close to tile road. (5) The situation has been self-created. Page 5 June 5, Re: 1000-53-4-7 (Niederauer) Southold Town Board of Appeals RESOLUTION/ACTION: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to DENY the relief (without any alternative relief at the choice of the apl~licant). VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA and GOEttRINGER. Members Doyen and Ostermann were absent. This resolution was duly adopted (3-0). ********************* Actions. 97/53-4-7 Page ~, - Minutes ..... Southold Town Board of Appeals Regular Meeting of June 5, 1997 III. COMMITTEE WORK CALENDARS: Chairman Goehringer and Member Dinizio attended last night's Code Committee and discussed updates. Agenda items were: lot creation and existing dwellings, site plan waiver procedure, wireless communications. IV. RESOLUTIONS]UPDATES OR COMMUNICATIONS FOR REPLY: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE the following sets of Minutes: A. Minutes of B. Minutes of C. Minutes of D. Minutes of E. Minutes of F. Minutes of G. May 19, 1997 Regular Meeting. May 7, 1997 Regular Meeting. April 24, 1997 Regular Meeting. April 10, 1997 Regular Meeting. April 3, 1997 Regular Meeting. March 13, 1997 Regular Meeting. Minutes of February 25, 1997 Special Mtg except on page 15 to add the words ...'Mr. Pachman to address'. Minutes of May 1, 1997 Work Session. Vote of the Board: Ayes: Members Dinizio, Tortora, and Goehringer. (Members Doyen and Ostermann were absent.) This resolution was duly adopted 3-0. * * * There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 7:55 p.m. Respectfully submitted, ~// / /z /////y Kowalski 6/10/97 //Resolution Adopted 6/ ~{/97 f~ Gerard P. Goehringer, Chairman