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HomeMy WebLinkAboutZBA-06/29/1989 HEARINGAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZlO, JR, Southold Town Board of Appeals MAiN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to cons'truct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-O Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Present were: Ail Members of the Board of Appeals: Gerard P. Goehringer as Chairman; Charles Grigonis, Jr; Serge Doyen, Jr.; James Dinizio, Jr.; and Joseph H. Sawicki. Also present were Board Secretary Linda Kowalski and approximately 20 persons,in the audience at the beginning of the meeting. The Chairman opened the hearing at 7:35 o'clock p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated January 6, 1989 indicating a two-story framed home and location of the proposed penned-in addition, encompassing a garage, leaving a rear yard set- back of approximately 16 feet, plus or minus. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties. And a copy of the plans indicating the overall structured plans of the proposal from William Conway, Builder, dated March 28, 1989. Is there anybody here that would like to Page 2 - Appeal No. 3841 Matter of GERARD W. GAUGHRAN Transcript of June 29, 1989 Z.B.A. Hearing CHAIRMAN, continued: represent the applicant? WILLIAM CONWAY: Yes, I am. William Conway. CHAIRMAN: Is there anything you would like to say for the record, Mr. Conway? MR. CONWAY: I don't, not really. CHAIRMAN: What they're actually doing is encompassing the garage-- taking the garage down? MR. CONWAY: Yes. What it is, he's got an old garage back there and a kitchen he wants to remove and just renew everything, so it would be connecting the existing kitchen to the garage. So it's really not taking up any more area of the lot. It's just connecting it between the two. CHAIRMAN: I see. And you want to start this project as quickly as possible? MR. CONWAY: Yes. CHAIRMAN: We thank you very much for coming in. Is there anybody else that would like to speak in behalf of this application? (None) Anybody like to speak against the application? (No one). Any ques- tions from Board Members? (None) And you have all been down to the site (affirmative). You have no objection to it? MEMBER SAWICKI: No objection. CHAIRMAN: Jim? MEMBER DINIZIO: No objection. CHAIRMAN: A motion is in order then. MEMBER SAWICKI: I'll make it (approving). MEMBER GRIGONIS: Second. Vote of the Board: / Ayes: Ail. The variance was granted at this time. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, t..I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal No. 3850 - ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot ~1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. Present were: Ail Members of the Board of Appeals: Chairman Gerard P. Goehringer; Serge Doyen, Jr.; Charles Grigonis, Jr.; Joseph H. Sawicki; and James Dinizio, Jr. Also present were: Board Secretary Linda Kowalski and approximately 30 persons in the audience at the start of this hearing. ~ The Chairman opened the hearing at 7:40 o'clock p.m. and read the Legal Notice of Hearing and Appeal Application for the record. CHAIRMAN GOEHRINGER: I have a copy of a Subdivision Map indicat- ing Lot No. 1 at 2.219 acres, road frontage of 1~8o12 and indicat- ing that the applicant wants to construct the house forward of the 175 feet of required width for this 2+ acres lot. The survey is dated September 30, 1985 by T.J. Harris Land Surveyor from Holbrook, and I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. By the way, that setback is approximately 200 feet from Aldrich Lane. Is there anybody that would like to speak in behalf of this? Could you state your name? Page 2 - Appeal No. 3850 Matter of ROBERT GABRIEL Transcript of June 29, 1989 Hearing Southold Town Board of Appeals ROBERT GABRIEL: My name is Robert Gabriel. I just wanted to emphasize this isn't all two-acre zoning. All the houses across the street are in fact one acre with acre behind it which has been designated open space, and that if you grant this variance the house will still be further back than any house across the street. It will have more side yard than any house across the street and it'll have a greater back yard. Basically what I want to do is build even with one of my neighbors. My major reason for wanting to do so is that my property slopes in such a way that if I have to build where it's required, the front of my house would be facing the bottom of my hill. So basically I want to take advantage of the landscaping so that the rear of my house is a walk-out basement and the front of the house is level with the higher portion of the ground. CHAIRMAN: I see. We'll see what develops throughout the hearing here. What is your timeliness on this? Are you going to start construction? MR. GABRIEL: Yes. I've been trying to get something from the Planning Board for months, and it took them a few months to just s~nd me a letter advising that I have to request this from you. CHAIRMAN: I see. MR. GABRIEL: My land loan is up in August. CHAIRMAN: Ok. Well, we won't wait that long. They shouldn't all be this difficult, I assure you. Is there anybody else that would like to speak in favor of this application? Anybody wish to speak against this application? Seeing no hands, we'll go down the line again. Do you gentlemen (members) have any objections to ~his application? Joe: None. (No other objections) I'll offer a resolution approving it as applied for. MEMBER DINIZIO: Second. Vote of the Board: Ayes: Ail. The variance was approved. Respectfully submitted, Linda Kowalski, Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX No. (516) 765-1823 TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rear yard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property Location: No. 1000-78-3-15. 1150 Nakomis Road, Southold; County Tax Map Present were: Ail Members of the Board of Appeals: Chairman Gerard P. Goehringer, Charles Grigonis, Jr., Serge Doyen, Jr., Joseph H. Sawicki and James Dinizio, Jr. Also present were: Board Secretary Linda Kowalski and approximately 25 persons in the audience at the start of the hearing. The Chairman opened the hearing at 7:44 o'clock p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a proposed deck approximately at its closast point (north side) at 20 feet and 22.38+- feet on the south side, it~ distance from the west property line or the rear. And the deck is proposed--there is a one-story frame house which sits near the center of the lot from front to back, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of this application? How do you do? CINDY RUGGLES: Cindy Ruggles. CHAIRMAN: Is this going to be roofed or will the deck remain open? Page 2 - Appeal No. 3848 - CINDY RUGGLES Transcript of June 29, 1989 Z.B.A. Hearing MRS. RUGGLES: It will remain open. CHAIRMAN: What do you think the proposed elevation above grade would be? Is it going to be two feet above? MRS. RUGGLES: Approximately two to three feet. as high as three feet. CHAIRMAN: Ok. Is it going to meet any stoop coming off the rear of the house or anything of that nature? MRS. RUGGLES: It is going to abut right up to the house. ~HAIRMAN: Is it going to encompass the stoop that's there? MRS. RUGGLES: There's an existing one there that I have on the survey--it will go right over that. CHAIRMAN: Right over the top. Ok. Great. Will there be any lighting that would cause a problem with neighbors or anything? MRS. RUGGLES: No. CHAIRMAN: And what is your timeliness on this also? MRS. RUGGLES: As soon as possible please. So we can enjoy it for the summer. CHAIRMAN: Ok. We thank you very much. Is there anyone else wishing to speak in favor of this application? (No one) Anyone like to speak against the application? (No one). Questions from Board Members, objections? (None) I'll offer a resolution approving this application as applied for as unroofed. MEMBER SAWICKI: Second. Vot~ of the Board: Ayes: Ail. approved. I don't think it's tong as it remains This variance was conditionally Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.[., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TRANSCRIPT OF HEARING J-U-NE 29, 1989 REGULAR MEETING Appeal No. 3855 - Matter of BARBARA BRUCH Variance to the Zoning Ordinance, Article XIfIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. Present were: Ail Members of the Board of Appeals: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Joseph H. Sawicki and James Dinizio, Jr. Also present were Linda Kowalski, Board Secretary, and approximately 25 persons in the audience at the beginning of the hearing. The Chairman opened the hearing at 8:27 o'clock p.m. legal notice and appeal application for the record. and read the CHAIRMAN GOEHRINGER: The survey that has been furnished to us is from Peconic Surveyors--the most recent date is Ma~ 12, 1989 by revision, and the applicant chooses by this application to con- struct a home approximately in somewhat a little more toward the water -- I'm sorry-- a little more toward the road than it is toward the water, and showing here at approximately 35 feet to the dog in the bu-lkhead from the proposed deck of the home, approximately 47 feet to the highwater mark, and 20 feet from Beverly Road. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of this application? Page 2 - Appeal No. 3855 Matter of BARBARA BRUCH Transcript of June 29, 1989 Hearing Southold Town Board of Appeals FRED BRUCH: Good evening. I'm Fred Bruch, husband of the applicant, Barbara Bruch. We wish to get a favorable opinion from the Board to build a new residence for ourselves, request- ing a variance on the setback on the water side. CHAIRMAN: Do you have any idea, Mr. Bruch, how far your house is set back presently (on the neighboring parcel)? MR. BRUCH: Thirty-two feet. CHAIRMAN: Thirty-two. So you're about three feet more toward the rear of the property -- SECRETARY: Do you mean from the bulkhead when you say rear? CHAIRMAN: Well, there's a jog in the bulkhead so it's really more than that. Is this a one-story or two-story house? MR. BRUCH: It will be two story. To minimize the ( ) the property. I've also spoken to the adjacent property owners. They do not have any objection. Mr. Santos and Mr. Pakkas. of CHAIRMAN: And you do have town water down there, right? MR. BRUCH: Yes, sir. We have Greenport water. We als0 have gas, electric. CHAIRMAN: We thank you very much. We'll see what develops throughout the hearing. Is there anybody else that would like to speak in favor of this application? Anybody present that would like to speak against the application? Any ques- tions from any Board Members? (None) All right. Hearing no further questions, I'll make a motion closing the hearing and reserving a decision until later. MEMBER SAWICKI: Seconded. Vote of the Board: Ayes: Ail. The hearing was declared closed (concluded), pending deliberations and a decision later. CHAIRMAN: Thank you very much for coming in. Respectfully submitted, Linda Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, .IR. TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal No. 3843 - ADAM ASSOCIATES Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the Su]~divi- sion Map pending before the Southold Town Planning Board. Property Location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Present were: Ail Members of the Board of Appeals: Chairman Gerard Goehringer; Charles Grigonis, Jr.; Serge Doyen, Jr.; Joseph H. Sawicki and James Diniz~ , Jr. Also present were: Linda Kowalski, Board Secretary, and approximately 30 persons in the audience at the beginning of the hearing. The Chairman opened the hearing at 8:20 o'clock p.m. and read the legal notice of this hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a Subdivision Map produced by Peconic Surveyors dated May 7, 1987 indicating Lot No. 4, which is the nature of this particular application, as being at 56,829 sq. ft. and I believe the required square footage is 80,000. Is the~e somebody that would like to be heard in behalf of this? Page 2 - Appeal No. 3843 Matter of ADAM ASSOCIATES Transcript of June 29, 1989 Hearing Southold Town Board of Appeals LYITNE GORDON, ESQ.: Good evening. I'm Lynne Gordon, One Union Square, Aquabogue, New York. I represent the applicant, Adam Associates. The date of the survey is perhaps indicative of how long we have been dealing with this problem. Adam Associates bought this property some time in 1986, and on April 15, 1987, we had sketch plan approval. Prior to the Zoning change in January of this year, what is shown as Lot 4 on your map met the requirements of Business, which at that point in time was 40,000 sq. ft. Since April of '87, we have been spending a lot of time because of the right-of-way, and improvements had to be made to a private right-of-way, getting the Planning Board an engineer's set-up so that they could decide what requirements did need to be done for this roadway. In the interim, we obtained the approval of the Department of Health Services, and we have a SEQRA determination. In March of 1989, the Planning Board advised us to proceed Lot 4 no longer conformed to the current zoning requirements. You will note there are two letters to you in the file. The first ones say that they did not approve of this and the second one rescinding the earlier (Planning Board) letter, indicating there was an error, that they did not have any objection here granting this variance, and saying that the lots along Middle Road in the vicinity of the above-mentioned subdivision are all located in the limited business zone district. These lots were created by the "arbitrary zoning line" adopted under the new zoning. I looked up the word arbitrary-- I ~now what it means but I want to see what the dictionary says. It says, "not governed by principle depending on voilition--based on one's preference, notion or whim. Capricious. Tyrranical." And unfortunately I think this is one of the spots where the Master Plan, while drawn on an overall idea, didn't look at the individual circumstances that were being created. The limited-business requirements are 80,000 sq. ft. We have 56,000 sq. ft. They are 175 feet in width. We have 1 0 feet in width on Lot 4. The neighborhood itself, to the east, and I think yQu have the Tax Map in front of you-- you will note that there are two substandard lots to the east and the next to the east which ara less than the acreage on this, but nevertheless since they're in single-and- separate, will comply for use and limited business. To the west Page 3 - Appeal No. 3843 Matter of ADAM ASSOCIATES Transcript of June 29, 1989 Hearing Southold Town Board of Appeals MRS. GORDON, continued: there's a lot of approximately the same size, which is currently Deing developed as a mini-mall. At least that's what the sign says and there is construction underway. Across the street from this property you're probably familiar, but to place it for you is what is or has been called "The Hut," and there's a fence company, and a cesspool company shortly to the west of that. The practical hardship here is very obvious. I'm not going to submit appraisals to you, but if we can't use this for limited business, we can't use it for anything. We can't combine it with the other lots because of the configuration. And because of the zoning. Essentially, we have a valueless lot. The only possible use for it would be to sell it to the neighbors, and they don't need it, so we've got nothing without this variance. I don't think there's any public harm with keeping with the intent of the size of the neighborhood. And the Planning Board has no objection to this variance. CHAIRMAN: We thank you very much. Is there anybody el,se who would like to speak in favor of this application? (No one) Anyone wishing to speak against the application? (No one) Questions from Board Members? (None) Hearing no further questions, I'll make a motion closing the hsaring and reserving decision until later. M~BER GRIGONIS: Seconded. Vote of the Board: Ayes: Ail. The hearing was declared concluded, pending deliberations and a decision at a later time. Respectfully submitted, Linda Kowalski, Secretary Southold Town Board of Appeals TRANSCRIPT OF HEARING JUNE 29, 1989 MEETING SOUTHOLD TOWN BOARD OF APPEALS Appeal No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article Y~XIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 and 42); Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. P~esent were: Chairman Gerard P. Goehringer, Serge Doyen, Jr., Charles Grigonis, Jr., Joseph H. Sawicki, and James Dinizio, Jr., constituting the full membership of the Board of Appeals. Also present were: Board Secretary Linda Kowalski and approximately 20-25 persons in the audience at this time. The Chairman opened the hearing at 7:53 p.m. and read the notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a photocopy of a survey indicating an existing house, penned-in proposed deck and showing the beach area and some of the concrete block wall. The applicant chooses by this survey sketch to bring the deck up to the cement block wall, which we will construe to be something similar to a retaining wall or a bulkhead. The deck is approximately 17 feet in depth from the house at its closest point on the north- east property side and approximately ten feet at its closest point on the south side. And I have a copy of the Suffolk County Tax Map shying this and surrounding properties in the area. Is there somebody that would like to be heard? Page 2 Transcript of Hearing Appeal No. 3844 - WECHTERMAN Board of Appeals June 29, 1989 JIM FITZGERALD: Yes, Hi. Jim Fitzerald for Wechtermans. I think the deck location and size is reasonable for the property, for the circumstances and to get more enjoyment out of the house. It is not unlike other structures and uses in the area, CHAIRMAN: The deck itself will be approximately level the steps coming out of the house of the first floor, MR. FITZGERALD: Yes. with CHAIRMAN: Will it be elevated above--will it be filled in in any way underneath? Will there be any crosshatching in any way? MR. FITZGERALD: That hadn't been planned. No. An access would have to be provided. There is a cellar under the sun room which~/ th6 creek, and there's access from the outside. faces CHAIRMAN: Ok. How close would you be penetrating the walls? Would you be going right adjacent to the walls with the normal poles that you propose? MR. FITZGERALD: Posts? Yes. CHAIRMAN: in no way are you going to disturb these w-- MR FITZGERALD: Only in that there's a stairway leading down from the upper grade to the lower grade, through the wall, and we intend to fill that in. Because it is under the area where the deck could go. CHAIRMAN: So that little cut in the wall will be filled in? ~R- FITZGERALD: That's correct. CHAIRMAN Ok. We thank you. We'll see what else develops. CHAIRMAN: Is there anyone else wishing to speak this application? Anybody like to speak against Any questions from Board Members? in favor of the application? MEMBER DINIZIO: I just wanted to ask him about the stairway-- it's proximity to the highwater line. That's not a problem as far as the Town'Code is concerned? Page 3 - Transcript of Hearing Appeal NO. 3844 - WECHTERMAN Board of Appeals - June 29, 1989 CHAIRMAN: I don't understand the question -- MEMBER DINIZIO: The stairway is on the other side of the, what I construe to be, retaining wall, and as far as I could see when I made the inspections, no other structure there goes beyond that retaining wall, and I was wondering what the Town Code is concerning this structure being so close to this highwater mark? MR. FITZGERALD: We have permits from both the Trustees and the D.E.C. MEMBER DINIZIO: That's for the walkway. MR. FITZGERALD: For the whole project. MEMBER DINIZIO: Oh, ok. For the stairway. So no one really-- MR. FITZGERALD: Essentially that same submission was made to all the agencies involved. MEMBER DINIZIO: From what I understood was the walkway that the Trustees were concerned with. I didn't realize the deck was also-- MR. FITZGERALD: The Trustees permit specifically lists the deck. MEMBER DINIZIO: Oh, ok. CHAIRMAN: Maybe to answer your question-- the stairway that you're going to be placing into the deck--the new proposed deck is basically a wooden stairway--is that correct? So it will be hanging off the deck, sort of speak. MR. FITZGERALD: No, there are posts that will go down to the sand, but it will-- the stairway will be entirely beyond on the seaward side on the retaining wall. CHAIRMAN: Ok. And in no way will that disrupt the sea wall in any way? MR. FITZGERALD: It will not be attached to it. CHAIRMAN: It will actually be suspended over the top of it. Thank you. Does that kind of answer your question? Page 4 - Transcript of Hearing Appeal No. 3844 - WECHTERMAN Board of Appeals - June 29, 1989 MEMBER DI~I~IO: I had no objection to it, I just wanted to make it clear in my mind. CHAIRMAN: DO you want to think about it a little bit until -- MEMBER DINIZIO: No. CHAIRMAN: We can do that. We could wait till later. MEMBER DINIZIO: No. I have no more questions on it. I have no objections to it. CHAIRMAN: I'll make the motion granting this application with basically two restrictions. One that the deck remain open at all times and unroofed, and two, if there is any lighting (overhead), that it be shielded to the property so as not to cause a problem with surrounding neighbors. And I'll offer that as a reso, lution. MEMBER DINIZIO: I'll second it. Ail in favor? Ayes: Ail. Respectfully submitted, Linda F. Kowalski