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HomeMy WebLinkAboutZBA-07/08/1983 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN- JR. ROBERT J. DOUG LASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD. L.I.. N.Y. ]]97] TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING JULY 8, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Friday, July 8, 198.3 at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Sou~hold, New York. Present were: Gerard P. Goehringer, Chairman; Robert J. Douglass and Charles Grigonis, Jr. Also present was Victor Les- sard, Administrator, Building Department. Absent were: Serge Doyen, Jr. (F~shers Island) and Joseph H. Sawicki. The Chairman called the meeting to order at 7:05 p.m. POSTPONEMENT OF REGULAR MEETING DATE: The Chairman advised the board that a "full board" would not be available on July 21st, and it was recommended that the date of the Regular Meeting be changed until Thursday, July 28, 1983 at 7:30 o, clock p.m. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the date of the next Regular Meeting of tnis board be changed from July 21, 1983 to July 28, 1983, commencing at 7:30 o'clock p.m., to be held at the Southold Town Hall, Main Road, Southold, New York, and that those matters previously scheduled for public hearings to be held July 21 shall automat- ically by the adoption of this resolution be re-scheduled for Thursday, July 28, .19.8.3. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Doyen'and Sawicki were absent.) This resolu- tion was unanimously adopted. ~Southold Town Board of Appeals -2- July 8, ~983 Special Meeting RESERVED-DECISION: Appeal No. 3081. Upon application for ROBERT T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road front- age, at the north side of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-86-6-16. The public hearing on this application was held on May 27, 1983, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks a variance to Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of two parcels an a proposed two-tot minor subdivision located at Peconic, New York. Each parcel would contain an area of 37,069 square feet (0.851 acre) and front along Indian Neck Road 120.35 feet. Article III, Section 100-31, and Bulk Schedule, of the Zoning Code as amended May 16, 1983, requires a minimum lot area of 80,000 square feet and a minimum lot width (road frontage) of 200 feet for parcels in the "A" Residential and Agricultural District. It is noted for the record that prior to May 16, 1983, the Bulk Schedule require a minimum lot area of 40,000 square feet and a minimum lot width of 150 feet; that on February 1, 1983 the subject appeal application was filed; that simultaneously therewith an application for approval of this proposed subdivision was filed with the Planning Board pursuant to Article 106-20 of the Town Code; that on April 18, 1983, it was the consensus of the Planning Board to deny the subdivision application; on April 20, 1983 this board scheduled the subject application for public nearing to be held May 27, 1983. It is also noted for the record that several residents/property owners have voiced their objections to the granting of this appeal, (see Minutes of Public Hearing 5/27/83). The applicant herein purchased the subject premises as a single lot on August 10, 1982. Town records show the purchase price was $40,000. It has been stated in the record that there is a contract of sale an effect on these premises subject to obtaining this variance, and if the variance is not granted, there would be a loss of $12,000 profit. In viewing the neighborhood within 300 feet of the subject premises, that board finds that there are approximately six building parcels which contain less than or similar area of that proposed; that there are approximately nine building par- cels wnicn contain more area than that proposed. The width of the parcels in the immediate neighborhood are less than or similar to tne width of the two proposed parcels. In considering this appeal, the board determines: (1) 'Southold Town Board of Appeals-3-July 8, 1983 ~pecial Meeting (Appeal No. 3081 - ROBERT T. KROEPEL, continued:) tnat the practical difficulties and financial hardship have not been proven by substantial evidence; (2) that the evi- dence submitted is not sufficien~ to warrant approval of the relief requested; (3) that the variance request is substantial in relation to the requirements of the zoning code; (4) that the circumstances herein are not unique, and that a precedent may be set if granted for otner parcels in the neighborhood; (5) that the relief requested will not be in harmony with or promote the general purposes of zoning; (6) that the interests of justice will not be served by allowing the variance applied for. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3081, application for ROBERT T. KROEPEL D.D.S. for approval of insufficient area and width of two proposed parcels, BE AND HEREBY IS DENIED. Location of Property: North Side of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-86-6-16. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Sawicki and Doyen were absent.} This resolu- tion was unanimously adopted. RESERVED DECISION: Appeal No. 3134. Upon application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the frontyard area at 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006. The public hearing on this matter was held on June 23, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks a variance to Article III, SeCtion 100-32 of the Zoning Code which requires all accessory buildings to be located in the rearyard area. Appellant proposes to locate an accessory garage building, 20' by 22', approximately 13 feet from the northeast property line along Harbor Road and a minimum of three feet from the westerly property line. The garage is proposed to be set back from the existing one-family dwelling structure 30 feet. The premises in question contains an area of approximately 14,700 square feet, with frontage along Harbor Road of 68 feet and along Orient Bay 79.29 feet (at a tie line). The premises is improved with a one-family, two-story house which is centered upon the lot with side yards of 12 feet on each side. In viewing the neighborhood of the subject parcel, the board finds most of the parcels to be improved without accessory structures Southold Town Board of Appeals -4- July 8, 1983 Special Meeting (Appeal No. 3134 - HANS H. RIEHER, continued:) in the front yards. The board does, however, recognize the applicant's limited buildin~ area and do agree that the most practical area to build the proposed garage would be in front of the existing dwelling. It is the board's opinion that the garage can be constructed at a point approximately 10 feet from the dwelling rather than 30, and that the set back from Harbor Road can and should be no closer than 33 feet. In considering this appeal, the board determines that: (1) the variance is not substantial; (2) the circumstances nereln are unique and the practical difficulties have been shown; (3) by allowing the variance, no. substantial detriment to adjoining properties would be created; (4) the difficulty cannot be obviated by a method feasible to appellants other than a variance; (5) no adverse effects will be produced on available governmental facilities of any increased popu- lation; (6) the relief will be in harmony with and promote tne general purposes of zoning; and (7) the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, tnat Appeal No. 3134, application of HANS H. RIEGER for permission to locate accessory garage building in the frontyard area, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This structure shall be no closer than 33 feet from the front property line (along Harbor Road); 2. No sleeping/living quarters, and must'be used only for storage/garage purposes accessory to the principal one-family dwelling structure. Location of Property: 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Sawicki and Doyen were absent.) This resolu- tion was unanimously adopted. S~uthold Town Board o~ Appeals -5- July 8, 1983 Special Meeting (Appeal No. 3132 - BRUCE STEWART, continued:) The board made the following findings and determination: By this appeal, appellants seek a variance to Section 100-31 of the Zoning Code which presently requires a minimum sideyard setback of 11'3". Appellant is proposing a 24' by 26' garage addition. The premises in question contains an area of approximately 15,733 square feet with a frontage along Schoolhouse Road of 100 feet. Existing on the premises is a one-story, one-family dwelling set back from the road 42' and from the east side line 31 feet. The garage addition is proposed along the westerly side and is proposed to be set back no closer than nine feet to the west side line. The board has inspected the premises in question and is familiar with the circumstances and properties in the immediate neighborhood. It is noted for the record that there are homes in the area with a setback from the side lines similar to that proposed by this applica- tion. It is also noted for the record that the Town Board of the Town of Southold has scheduled a public hearing for August 1983 on a "Local Law" amending the Bulk and Parking Schedule for parcels of a size less than 40,000 square feet to be permitted a minimum sideyard setback of ten feet. In considering this appeal, the board determines that: (1) the variance is not substantial; (2) the circumstances herein are unique and the practical difficulties nave been shown; (3) by allowing the variance, no substantial detriment to adjoining properties would be created; (4) the difficulty canno~ be obviated by a method feasible to appellants other than a variance; (5) no adverse effects will be produced on available governmental facilities of any increased popu- lation; (6) the relief will be in harmony with and promote the general purposes of zoning; and (7) the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3132, application of BRUCE AND PATRICIA STEWART for permission to construct garage addition with a setback from the westerly side line of not less than nine feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Ail future construction must comply with all other zoning setback restrictions in the sideyard areas (no further reduction except as is permitted without a variance); 2. Any future (accessory) garage proposal must be in compliance with all zoning requirements as to setbacks, lot coverage, etc. 3. Boat or trailer must be stored in the rearyard area a minimum of 15' from any lot line pursuant to Section 100-30(C) [4] of the zoning code. Location of Property: 870 Schoolhouse Road, Cutchogue, NY; Southold Town Board of Appeals -6- July 8, 1983 Special Meeting (Appeal No. 3132 - BRUCE STEWART, continued:) County Tax Map Parcel No. 1000-102-05-014. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Sawicki and Doyen were absent.) This resolution was unanimously adopted. INFORlViAL DISCUSSION - CUTCHOGUE FREE LIBRARY. 7:30 p.m. - Mrs. Jane Minerva, Library Director, and Mr. William Peters, Library Expansion Chairman, both appeared before the board to explain the timeliness concerning the Library's applications. Mr. Peters explained about the types of funds available for 1983 (Year 9) and funds for 1984 (Year t0), and that they are trying to expend these monies near the end of 1983 before the grant expires. Mr. Peters also mentioned that other grants have been applied for, and it is important to know whether or not the addition could be constructed by the end of the year. Mr. Peters said the Library Addition Plan will be on the Planning Board's July 25th agenda, and perhaps comments could be referred over to the Z.B.A. in order that Appeals No. 3109 and 3110 could be scheduled for public hearings. The Chairman explained the technicalities involved when preparing for public hearings, i.e. newspaper deadlines, timely printing, etc., and therefore it would be impossible to schedule those matters for our July 28th meeting for public hearing. Mrs. Minerva and Mr. Peters were assured that if the Planning Board acted upon the site plan for the addition on July 25th, then the Z.B.A. applications would be considered complete and ready for public hearings. RESERVED DECISION: Appeal No. 3111. Upon application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] to establish library use in the existing building in this "B-l" District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. The public hearing concerning this application was held on June 23, 1983, at which time the hearing was declared closed pending deliberations. So~thold Town Board of Appeals -7- July 8, 1983 Special Meeting (Appeal No. 3111 - CUTCHOGUE LIBRARY, continued:) The board made the following findings and determination: This is an application for a Special Exception pursuant to Article VII, Section 100-70, Subsection B(1) of the Southold Town Zoning Code to establish a library use of the subject premises known as 28735 Main Road, Cutchogue; and more particularly identified on the Suffolk County Tax Map as District 1000, Section 102, Block 05, Lot 022. The premises in question contains an area of approximately 4925 square feet with 50' frontage along State Route 25, and is improved with a one-story brick and frame structure, set back 19.6 feet at its nearest point from State Route 25. The existing setback along the west side of the building is 4.7' at its nearest point and approximately along the east side. Applicant also has pending before the board two other applications for expansion of the building, thereby reducing setbacks, and which are not the subject of this application but which can be anticipated at the August Regular Meeting of this board. The premises in question is zoned "B-1 General Business~ by which Article VII, Section 10~-70(B) [1] (a) permits such a library use pursuant to Special Exception application. It is noted for the record that Appeal No. 3112, filed under the same date and also heard on June 23, 1983, is an application of the Library for per- mission to use off-street parking area accessory to this use, and upon premises adjoining the subject premises on the north and east. In considering this application, the board determines: (1) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) tnat the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district ~herein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; (3) that the safety, health, welfare, com- fort, 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 intend of zoning and the master plan. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3111, application of CUTCHOGUE FREE LIBRARY for a Special Exception to the Zoning Ordinance for library use of the.existing building, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: i. There be no easterly side yard reductions; 2. The main entrance/exit is not to be at the east side of this existing building. Location of Property: 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-D5-022. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Doyen and Sawicki were absent.) This resolu- tion was unanimously adopted. So~thold Town Board of Appeals -8- July 8, 1983 Special Meeting RESERVED DECISION: Appeal No. 3112. Upon application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article Xt, Section 100-112(H) for permission to use accessory off-street parking area adjoining this premises for this proposed library. Location of Properties: North Side of Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05- 22 and 23. The public hearing on this matter was held on June 23, 1983, at wnicn time the nearing was dedclared closed pending deliberations. The board made the following findings and determination: This is an application for a Variance to Article XI, Section 100-112(H) of the Zoning Code which requires, "...accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory"; and also requires, "...Such spaces shall be in the same owner- ship as the use to which they are accessory ...approved by the Board, binding the owner and his heirs and assigns to maintain the requires number of spaces avaiiable either throughou~ the existence of such use to which they are accessory or until such spaces are provided elsewhere .... " The parcel presently owned by the library is zoned "B-1 General Busi- ness'' and contains an area of 4,925 square feet, with 50' frontage along Main Road (S.R. 25). The premises is improved with an existing one-story brick and frame Structure containing floor area of approximately 1,530 square feet. Under subsequent appeals, No. 3109 and 3110, the applicant is proposing an addition approximately 2,206 square feet. The total floor area proposed by this appeal, Appeal No. 3109 and No. 3110, is approximately 3~736 square feet. The lease agreement dated March 14, 1982 between the Cutchogue Free Library an~ Richard F. Lark authorizes the library to use the paved driveway and parking areas behind the library behind and Mr. Lark's office until December 31, 1976; and a copy has been submitted for the record. An option to purchase agreement between tne same parties dated June 11, 1982 giving the library the right to purchase the areas known as "23A" and "23B" for parking purposes, increasing the area for library use by an additional 10,462 square feet. A copy of the option to purchase agreement has been submitted for the record. In considering this appeal, the board determines that: (1) the variance is not substantial; (2) the circumstances herein are unique and the practical difficulties have been shown; (3) by allowing the variance, no substantial detriment to adjoining properties would be created; (4) the difficulty cannot be obviated by a method feasible to appellant other than a variance; (5) no adverse effects will be produced on available governmental facilities of any increased popu- lation; (6) the relief will be in harmony with and promote the general purposes of zoning; and (7) the interests of justice will be served by allowing the variance, as indicated below. 'Soutnold Town Board of-Appeals -9- July 8, 1983 ~Special Meeting (Appeal No. 3112 - CUTCHOGUE LIBRARY, continued: ) On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3112, application of CUTCHOGUE FREE LIBRARY for a Variance to the Zoning Ordinancev for accessory off- street parking upon premises adjoining this parcel and subject to the agreements mentioned above, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: There be no easterly side yard reductions; 2. The main enTrance/exit is not to be at the east side of the existing buildinG. Location of Property: 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Doyen and Sawicki were absent.) This resolution was unanimously adopted. Being there was no further business properly coming before tne board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 8:50 p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals APPROVED: jo a~a P. Goeh~ingeryairma---a~ Pd CEtVED AND FILED BY THE SOUTHOLD TOV~ CLERK To~wn ~erk, T~ ~d .