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HomeMy WebLinkAboutZBA-10/11/1983 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 E~OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 AGENDA SPECIAL MEETING OCTOBER 11, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Tuesday, October 11, 1983 at 7:00 p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis; Robert J. Douglass; and Joseph H. Sawicki. Absent was: Serge Doyen (Fishers Island). Also present were: Victor Lessard, Executive Administrator (Building Department) and Bill James, reporter from the L.I. Traveler-Watchman. The Chairman called the meeting to order at 7:10 p.m. RESERVED DECISION: Appeal No. 3161. Upon application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Article VII, Section 100-70(B) [4] for permission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L.P. Edson). The public hearing on this application was held on August 31, 1983, at which time the hearing was declared closed pending deliberations. The board members deliberated and the following action was taken: Th~ board made the following findings and determ±natlon: This is an application for a Special Exception pursuant to Article VII, Section 100-70(B) [4] of the Southold Town Zoning Code to establish a public garage or repair station containing approximately 1,700 sq. ft. of building and which will be set back from the County Road approximate- ly 40 feet, from the west side line approximately 35 feet, from the rear property line approximately 55 feet. The parcel in question is zoned "B-1 General Business," contains an area of approximately 22,500 sq. ft. with 149.42' frontaqe along County Road 48, and is presently vacant. Applicant proposes %o locate the bays of the garage at the rear of the proposed building and same will not be visible from the street from Southold Town Board of Appeals -2- October 11, 1983 Special Meeting (Appeal No. 3161 - PETER LUHRS, continued:) either direction. The ingress, egress, parking and screening shall be as required by the Southold Town Planning Board in consideration of its site plan. The setbacks of this proposed structure will meet the minimum requirements of the zoning code as shown on survey/plan dated February 6, 1967 with sketched-in amendments. It is noted for the record that alterations or new construction other than as shown on the site plan and approved herein shall be subject to review and approval by the Board of Appeals, Planning Board, Building Department, and any and all other agencies which may be involved. The members of this board have personally visited the site and are familiar with the property as well as the surrounding neighbor- hood. Adjoining the subject premises on the west is a parcel of land contaning 37,700 sq. ft. in area, also zoned "B-1 General Business" and which was granted use variances on October 15, 1981 and July 29, 1982 in Appeals No. 2890 and No. 3009, respectively, for a one-family dwelling and manufacturing of small mechanical parts. Adjoining the subject parcel on the east is a vacant lot and further east VanDuzer's Gas and Wheeler's Gas and Repair Station, also zoned "B-1 General Business." In considering this application, the board determines: (1) that the use will not prevent the orderly and reasonable use of adjacent properties in adjacent-use districts; (2) that the use will not prevent the orderly and reasonable use of permitted or legally estab- lished uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; and (4) that the use will be in harmony with and promote the general purposes and intent of zoning and the master plan. On motion by Mr. Grigonls, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3161, application of PETER LUHRS for a Special Exception to the Zoning Ordinance, pursuant to Article VII, Section 100-70(B) [4], for a repair station, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant (and/or his successor) shall conform with the following prior to the operation of this business: (a) No major repair work is to be done out in the open; (b) No autbmobiles, automobile parts, dismantled or damaged vehicles, and similar articles, shall be stored out in the open. All vehicles to be serviced must be stored in the rearyard area only [except when inside] and the rearyard area to be used for storage must be properly screened with a six-foot stockade fence; Southold Town Board o~-Appeals -3- October 11, 1983 Special Meeting (Appeal No. 3161 - PETER LUHRS, continued:) (c) There shall be no more than 10 vehicles in this screened storage area at one time; (d) The parking areas shall be as designated by the Planning Board (with a minimum of six parking spaces at 350 sq. ft. each) and shall be laid out as to avoid the necessity of any vehicle backing out across any public right-of-way and shall be located not less than 10 feet from any property line; (e) No sales of gasoline, fuel, or flammable oils are per- mitted; (f) No motor vehicle sales are permitted; (g) Vehicle lifts or pits, dismantled vehicles, other than such minor servicing such as changing tires, shall be conducted within the building; (h) Vehicle entrance/exit doors shall be located at rear of building. 2. In the event it is found that the subject premises are being used in a manner other than that permitted by this approval or the zoning ordinance, or are in violation of these conditions or of the zoning ordinance, the Board of Appeals may automatically terminate the relief granted hereunder; and the subject premises would return to its original status; 3. That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. 4. Site plan approval [including parking] of the Southold Town Planning Board, and any and all other applicable rules and regulations pertaining to this project. Location of Property: 45845 North Road (C.R. 48), Southold, NY; County Tax Map Parcel No. 1000-55-02-17. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. Southold Town Board of Appeals -4- October 11, 1983 Special Meeting RESERVED DECISION: Appeal No. 3171. Upon application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. The public hearing on this matter was held on September 29, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 20-foot garage addition which would leave an insufficient frontyard setback from a private right-of-way known as Sunset Path at approximately 30 feet. The existing setback is 50 feet. The premises in question contains an area of 58,635 square feet with frontage along Sunset Path of 177.50 feet. Existing on the premises is a one-family, two-story dwelling with attached garage. The proposed addition is to be one-story,. 25' in width and extend- ing 20 feet from the existing garage area, and is to be utilized for storage purposes. Article III, Section 100-31 of the Zoning Code requires a minimum setback of principal structures to be 50 feet from the front property line. The relief as requested is at a variance of 40% from that required by the zoning code, which is substantial in the board's opinion and if the variance were granted as applied, detriment to adjoining properties may be created. Therefore, the board deter- mines that in allowing an addition for storage, the size may be reduced which is feasible to appellant and which would be within the character of the neighborhood and would be in harmony with and promote the general purposes of zoning. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3171, application of EWALD M. KARBINER BE GRANTED PERMISSION TO CONSTRUCT AN EIGHT-FOOT ADDITION FOR STORAGE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall not be less than a 42' fron~yard setback; 2. There shall be a maximum height of one-story, or 10 feet; 3. The building shall not protrude past the existing established sideyards of garage area; 4. This addition shall remain as storage area and shall not be used as sleeping or living area for guests/relatives; 5. Existing structure must remain as a one-family dwelling · ~ Southold Town Board of Appeals -5- October 11, 1983 Special Meeting (Appeal No. 3171 - EWALD M. KARBINER, continued:) (not to be used as two-family or multi-family). Location of Property: 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3144. Upon application for KATHERINE HEINS, Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to reseparate two parcels having insufficient area and/or width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos. 1000-19-2-5 & 6. The public hearing on this application was held on September 29, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is a variance from Article III, Sections 100-30 and 100-31, Bulk Area Schedule, which requires a minimum of 80,000 square feet for each parcel of land and a minimum lot width of 175 feet. The applicant presently owns a parcel of land containing approximately 52,000 square feet in area. Applicant proposes a division of this parcel into two lots, the most westerly parcel would contain an area of approximately 33,000 square feet and the easterly parcel would contain an area of approximately 19,200 square feet with 88-foot frontage along the Main (State) Road. Existing at the northwesterly section of the subject premises is a 1½-story, one-family, frame dwelling with accessory garage. For the record it is noted that at a meeting held August 17, 1983, the Southotd Town Planning Board disapproved the project as proposed. The public hearing on this application before the Zoning Board was held on September 29, 1983, and the board is familiar with the state- ments and circumstances herein. The members of this board have per- sonally visited the site and are also familiar with the property as well as the surrounding neighborhood. A majority of the parcels in the immediate neighborhood contain an area of 40,500 square feet, or more. In considering this appeal, the board determines: (1) that the practical difficulties are not sufficient to warrant the granting of this application; (2) that the variance request is substantial in relation to the requirements of the zoning code; (3) that the circumstances are not unique, and that a precedent may be set if granted, for other parcels in the neighborhood; (4) that the relief requested will not be in harmony with or promote the general purposes of zoning; (5) that the interests of justice will not be served by allowing the variance applied for. Now, therefore, on motin by Mr. Douglass, seconded by Messrs. Grigonis and Goehringer, it was Southold Town Board of-~ppea, ls 6 October--il, 1983 Special Meeting (Appeal No. 3144 - KATHERINE HEINS ~ continued:) RESOLVED, that Appeal No. 3144, application of KATHERINE HEINS for approval of insufficient area and width of two proposed parcels, BE AND HEREBY IS DENIED. Location of Property: North Side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel Nos. 1000-19-2-5 and 6. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. AWAIT REPLY: Appeal No. 3159. EDWIN W. STEWART. Proposed addition reducing rearyard setback. 20 Carole Road, Southold, NY. The public hearing on this application was held and closed on September 29, 1983. Mr. and Mrs. Stewart are not available locally, and the board is awaiting a reply sent to their Indianapolis, Indiana address as to the distances involved. This matter will again be placed on the October 27, 1983 agenda for consideration. NEW APPLICATION: Appeal No. 3176. CAROL PLOCK. Variance for insufficient area. and width of two parcels which have become merged, and for approval of access over a private right-of-way off the north side of Bayview Road, east of Reydon Drive, Southold. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3176, application of CAROL PLOCK for a proposed re-separa~.iOn of two parcels, be held temporarily in abeyance pending receipt of comments from the Southold Town Planning Board, pursuant to the January 13, 1982 list of proce- dures. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3177 - GEORGE J. WIESER for 280-A. After reviewing the application of Mr.- -Wieser, filed 10/7/83, the board took the foll'owing action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was ~outhold Town Board o~_~Appeals -7- October ~J, 1983 Special Meeting (Appeal No. 3177 - GEORGE J. WIESER, continued:) RESOLVED, that Appeal N~'. 3177, application of GEORGE J. WIESER, be and hereby is scheduled for public hearing to be held in addition to those previously scheduled, for the next Regular Meeting of this board, to wit, October 27, 1983, and that notice of same shall be published in the local and official newspapers of the town, pursuant to law. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ENVIRONMENTAL DECLARATION: On motion by Mr. Douglass, seconded by Mr. Goehringer, the following Negative Environmental Declaration is hereby-declared, ~ursuant to the N.Y.$. Environmental Quality Review Act of the Environmental Conservation Law, and Local Law #44-4 of the Town Code: APPEAL NO.: 3177 PROJECT NAME: GEORGE 'J. WIESER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaininq to Article 8 of the State Environmental Quality Review Act of the E~vironmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a private- right-of-way leading to premises as noted below: LOCATION OF PROJECT: Town of SouthQld, County of Suffolk, more ~art~cularly known as: East Side of Harbor Lane, Cutchogue, NY; 1000-097-~06=~. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project in question is not directly related to new construc- tion. ~-' Southold Town Board of Appeals -8- October 11, 1983 Special Meeting (Environmental Declaration, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.') This resolution was unanimously adopted PENDING APPEALS NO. 3109 and 3110. CUTCHOGUE FREE LIBRARY. board is awaiting responses from the Suffolk County Department of Planning pursuant to Sections 1323, et seq. of the Suffolk County Charter. (See notation below.) The PENDING APPEAL NO. 3167, ROBERT J. DOUGLASS. Member Douglass left the room at this time (7:50 p.m.). The board members are awaiting responses from the Suffolk County Department of Planning pursuant to Sections 1323, et seq. of the Suffolk County Charter. A portion of the subject premises is located within 500 feet of the bay. PENDING APPEALS NO. 3109 and 3110. CUTCHOGUE FREE LIBRARY. Mr. Lessard advised the board that the library is planning a change for the main entrance at the west side rather than the east side as applied, and new plans should be filed soon. Mr. Lessard was asked to advise the library that the board must make a decision at the October 27, 1983 meeting and if they plan to withdraw the pend, ing appeals, they should do so before that date. The board members tentatively agreed to field inspect on Saturday, October 22, 1983. PENDING APPLICATION: Appeal No. 3007. NORMAN J. MURRAY. The subjec~ .application as filed on June 21, 1982 was a variance for approval of insufficient area and width of three proposed parcels at the east side of North Oakwood Road, Laurel, and referred to as Lots 40, 39, 38 and 37 of "Laurel Park" Map 212. On September 20, 1982, the Planning Board requested that the subdivision be reduced to a two-lot proposal. Pursuant to a telephone called during December 1982, the Z.B.A. was asked to hold this matter in abeyance until May 1983, or so, by Abigail A. Wickham, Esq. On October ll, 1983, the Z.B.A. received an amended application and amended surveys for the two-lot proposal pursuant to the Planning Board's request. It is the consensus of this board that the attorney for Mr. Murray be informe~ that once the Planning Board has made Southold Town Board o~-kppeals -9- October 1~ 1983 Special Meeting (Appeal No. 3007 NORMAN J. MURRAY, continued:) a review of the amended subdivision maps and comments have been forwarded to the Z.B.A., and upon receipt of a copy of the amended D.E.C. action concerning this new proposal, this matter will be placed on the earliest possible agenda for scheduling for public hearing at the board's Regular Meeting, after timely advertising, etc. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 8:35 p.m. Respectfully submitted, Southold Town Board of Appeals (Pp. 1-9) /~._~_.~ /j / ~'-r~ ~.~_, . j./fGE~ARD P. GO~HRINGE~, CHAIRMAN October 27, 1983. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEBK DATE/O/~F/F3 HOUR~ ~'z/~p.,~