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HomeMy WebLinkAboutZBA-12/03/1992 HEARINGAPPEALS BOARD MEMBERS~ SCOTT L. HARRIS ~ ~{ Supervisor Gerard P. Goehringer, Chaiman :: ~ Serge Doyen, Jr. ;~ "~ Town Haii,'53095 Main Road James Dinizio, Jr. '~ P.O. Box 1179 Robert A. Villa ~ Southold, New York 11971 Richard C. Wil~on Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARZNG BOAi~D OF ZONING AP.PEALS TOWN OF SOUTHOLD December 3, 1992 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. ROBERT A. VILLA RICHARD C. WILTON HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board (Absent: Serge Doyen) APPL. NO. 4135 APPLICATION OF ELAINE ROMAGNOLI for a Variance to the Zoning Ordinance, Article (a) III, Section 100-32 concerning construction of deck in the rear yard with excessive lot coverage, (b) XXIII, Section 100-239.4B for construction of deck in the rear yard with a setback at less than the required 75 feet from bulkhead. Location of Property: 1230 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-07-29. This parcel is substandard in size and is situated in the M-I Zone District. 7:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of a survey dated 10/9/92 --sorry, that is the site plan or the construction plan-- copy of the'survey dated 9/15/92 indicating an existing on,e-story frame dwelling Of approximately 1230 square feet or that 1230 indicates the dimensions --could be-- and I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. The nature of this application is a ~ deck which encompasses'the majority of the rear yard on the northeasterly side, a deck approximately 32 by 28 which is above ground level. Would you like to be heard? Anything you would like to add for the record? MS. ROMAGNOLI (Applicant pro se): No, there is nothing. You have everything. Page 2 12/3/92 THE CHAIRMAN: Do you want to give us an idea on how long the deck has been there? MS. ROMAGNOLI: Since about August. THE CHAIRMAN: Do you want to give us an idea of what the need for the deck is? MS. ROMAGNOLI: Just for enjoyment. THE CHAIRMAN: Does anybody have any questions of this nice lady? 'Bob? MR. VILLA: I see the plan; it was Geidemann built it for you? MS. ROMAGNOLI: Some people from New York built it for me. I asked Mr. Ge~demann to help me expedite this when I found out that I needed a permit, after I already built the deck. MR. VILLA: No, I don't have any other questions. THE CHAIRMAN: The deck is to remain unenclgsed, unroofed, in its present state as it exists right now. No further enhancement, is that correct? MS. ROMAGNOLI: We are just going to put a railing ar6und it. THE CHAIRMAN: A railing on all three sides, or two sides or -- MS. ROMAGNOLI: Two sides. THE CHAIRMAN: The side adjacent to the driveway, and what other side? MS. ROMAGNOLI: On the bay. Page 3 - 12/3/92 THE CHAIRMAN: On the bay itself. Okay. I really don't have any further questions. We will certainly deal with it and do the best we can. You know that you are in for excessive lot coverage also. MS. ROMAGNOLI: 'Yes. THE CHAIRMAN: Have you calculated the lot coverage at all? MS. ROMAGNOLI: Not really, no. I am not sure of that. It is the majority. THE CHAIRMAN: Because it is the nature of this Board not to exceed a certain percentage, so I don't know what we are going to do. It is relatively close to the ground; it is not obtrusive, it doesn't cause a particular problem to the neighbors. MS. ROMAGNOLI: No; as a matter of fact, my neighbors have done it to their properties. THE CHAIRMAN: Yes, I noticed that. I don't know if that is legal or not, probably not legal. MS. ROMAGNOLI: That is why I thought it was okay. THE CHAIRMAN: We will see what we can do and we thank you for coming in. How far would you say it is above ground? MS. ROMAGNOLI: Well-- THE CHAIRMAN: We will go to the engineer. MR. VILLA: It is two levels; it is stepped up a bit. If you look at the bottom of the plans -- Page 4 12/3/92 THE CHAIRMAN: It is multi-level as Bob said. In one place it is pretty close to the ground and-- MS. ROMAGNOLI: In one case it is right to the ground. THE CHAIRMAN: I would say anywhere from six inches to eighteen inches. Is there anybody who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against the application? (There was no responsel) THE CHAIRMAN: Seeing no hands, I make a motion to close this hearing, reserving decision until later. (Seconded and carried.) THE CHAIRMAN: Thank you very much for coming in. MS. ROMAGNOLI: Thank you. page 5 - 12/3/92 APPLICATION NO. 4139 - Application of CONSTANTINE COSTAS FOR A Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permission to locate accessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. 7:45 p.m. (.The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey indicating the present position of the house on the property, which is a two-story frame home, and I have a copy --The lot by the way is 60 by I32.5-- and I have a penciled-in drawing of a proposed garage in the westerly corner of the rear yard, of approximately 24 by 24 in size, and the proposal from the applicant is 3 feet from each property line. Is there somebody who would like to be heard? How do you do, sir? Appearance: John Born, Builder, for Applicant (Refused to take microphone when asked and difficult to hear.) I hope everything is in order. THE CHAIRMAN: Similar to the last application, we have again excessive lot coverage problem. We are, in granting this application, at about 36 per cent. The code reads 20 per cent, .so with the total size of the building here, you are talking about a lot coverage excess of approximately 16 per Page 6 - 12/3/92 cent over; and that is basically the situation as it stands. My question to you is, and you can relate that to Mr. Costas because I know I see him back there --if the Board is so not inclined to go 36 per cent, we can deny .the application without prejudice and you can come back with another application, or you can ask for a rehearing, or we can cut the garage down. You have to tell us basically what you want. MR. BORN: We could cut it down if need be. I don't · know other than the fact that this piece back here is also (inaudible). THE CHAIRMAN: Right. I assume the other parcel belongs to your wife, is that correct? MR. COSTAS: It belongs to my wife, and the motel, my wife and I own and operate the motel, the ice cream-- THE CHAIRMAN: The ice cream stand, you look very familiar. MR. COSTAS: From the westerly marker all the way down to the other end it is like one parcel of land. THE CHAIRMAN: I get you. I just want to ask him this. This is none of my business but I have to ask you for the record: Is there any particular reason why you haven't merged the properties? Mr. Costas? MR. COSTAS: I believe it was a legal decision. THE CHAIRMAN: I see. Okay. MR. COSTAS: This was done many years before we came into owning the property. Page 7 12/3/92 THE CHAIRMAN: Right. Are you some relative of the Drossos or just friends of theirs? MR. COSTA$: I am the son-in-law. My wife is a Drossos. THE CHAIRM~N: I see, right. MR. ARNOFF: I know it is not merged, but would they consider that for the application? There is a piece that goes around in back-- UNIDENTIFIED VOICE: And they could give this parcel as a setoff. MR. ARNOFF: It would be a natural progression. There is no need for it to come around there anyway. THE CHAIRMAN: Are you familiar with what he just said? MR. COSTAS: I didn't hear what he just said. THE CHAIRMAN: He just said that he had suggested taking that little dog-leg which exists in the back and merging that basically to the house lot. MR. COSTAS: That would be no problem. UNIDENTIFIED VOICE: How about the dimensions? THE CHAIRMAN: The questions I am asking you are private questions, and I apologize for having to ask you these questions, but sometimes there are separate mortgages involved and so on and so forth, and that was the reason. MR. COSTAS: There are no mortgages involved. THE CHAIRMAN: So there shouldn't be any reason why you couldn't do that then? Page 8 12/3/92 MR. COSTAS: Absolutely not. THE CHAIRMAN: That certainly would make the situation a heck of a lot more palatable. MR. COSTAS: You can consider it done. THE CLERK: How much room is there. What's the dimensions? THE CHAIRMAN: We have to scale the dimensions, that,s all. THE CLERK: How much is that there, 12 feet to the back, that dogleg that is in the back? THE CHAIRMAN: Twelve feet by sixty then will be added to the house parcel. The use of the garage is mainly for residential storage, is that correct? MR. COSTAS: That's correct. We wind up with all kinds of lawn furniture, gardening equipment, in order to maintain the property the way we do maintain it. And both my wife and I are getting kind of old, and it is kind of difficult to be going up and down basement stairs-- I've had a couple open heart surgeries, and it gets more difficult every year, so we are trying to ease up on ourselves a little bit. THE CHAIRMAN: Okay, that certainly makes it much more palatable. We will take a long, hard look at this and do the best we possibly can for you, and we thank you very much for coming in. MR. COSTAS: We certainly would appreciate it. Thank you. Page 9 12/3/92 THE CHAIRMAN: Is there anyone else who would like to speak concerning this? Or against? (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing, reserving decision until later. (Seconded and carried.) THE CHAIRMAN: Thank you and safe home. Page 10 12/3/92 APPLICATION NO. 4138 - Application of THEODORE M. GOLD and CAROL A, WEICK FOR A Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage building in the front yard area. Location of Property: 20485 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-10. 7:50 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record. ) THE CHAIRMAN: I have copy of a survey produced by Anthony Lewandowski dated July 9, 1990. We have all visited the site. We have seen the stakes that are in there. We noticed that there is a most natural driveway on the west side, and that proposed garage is 26 by 22, approximately 15 feet from the westerly property line; and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Appearance: Theodore Gold, Owner, Applicant pro se. Well, I am the owner. My name is Theodore Gold, and the gentleman next to me 'is the builder; and we can answer any questions you might have concerning that. THE CHAIRMAN: The extent of the utility to be placed in this garage would be just electricity? MR. GOLD: Electricity; and I am bringing water to the outside of it. Page 11 - 12/3/92 THE CHAIRMAN: Okay, so you can wash your car, conceivably and so on and so forth? MR. GOLD: Yes. THE CHAIRMAN: It is a one-story structure? MR. GOLD: Yes.~ THE CHAIRMAN: In the plan, approximate height to the ridge was what, 12 feet or so? MR. GOLD: Less; we are going to revise coming in on the side. THE CHAIRMAN: You are going to come in on the side? MR. GOLD: Yes, because it is lower there. We will have approximately 3 feet of foundation, in the back, plus-- The ridge will probably be 12 or 13 feet. THE CHAIRMAN: The doors will be on the westerly side or easterly side? MR. GOLD: Easterly. ~ THE CHAIRMAN: My only other question is: Any other questions from anybody? MR. VILLA: Yes, I would like to know, would it be possible to go back 50 feet instead of 35 feet because the front yard offset in an R40 zone is 50 feet, and they are just revising the code to say, you know, that this would be permissible provided you have a --you meet the normal setback requirements. Since the house is so far back, it would probably make it more attractive to the house, there would be less distance between the house and the garage. And it would be back Page 12 12/3/92 from the street the normal setback that a house would be, and I would think it would be more attractive that way. MR. GOLD: I hadn't thought about that. I was trying to keep the minimum distance from the road. I do have a cesspool back in there, a septic field. Between where the front of the garage is going to be and the house.' I am not certain how far back in it is. That would be one of my concerns. (Inaudible discussion among Board.) MR. VILLA: I realize that; but if you are going to correct a situation, you have to start someplace. MR. GOLD: As a right. People who live on the water have a problem in that ~hey can't build in their rear yard. MR. DINIZIO: So we worked on this so that you could build this garage anywhere on the buildable area of your property. I had .thought it was forty. THE CLERK I think it is. MR. DINIZIO: Because it is a non-conforming lot. So if you moved it back five feet you wouldn't even have to come before us. THE CHAIRMANf Once the law is passed. It is still in the revision stage. THE CLERK: He didn't want to wait that long. MR. GOLD: I am afraid to go fifty because I don't know where the leaching holes or anything is. I don't want to get tangled up with that stuff. Page 13 - 12/3/92 MR. DINIZIO: That is really why the law is ~he way it was, and my understanding was, on the eighth the Town Board was going to vote on it. So I don't know if you would want to wait a few days. But it is certainly a consideration. THE CLERK: Does anybody have a code book? THE CHAIRMAN: I have no qualms about the 40 feet. THE CLERK: Just let me double-check. MR. DINIZIO: I have no problems granting it at 40 feet either. THE CHAIRMAN: We are just checking the actual distances. THE CLERK: It is non-conforming lot in an R40. It is over 20,000. 40 feet would be the front yard. Not 50. THE CHAIRMAN: Let me ask you, are you turning the building around when you go in the side? You are still going to leave it 22 feet deep? MR. GOLD: Right. The dimensions will be the same. The doors are going to be moved. THE CHAIRMAN: Great. Well, these gentlemen are here tonight. I have absolutely no problems with granting it forty feet with the normal restrictions, it only be used for storage purposes; and winter is setting in and I am sure this gentleman would like to start it as well as the owner of the property. And I will make the motion granting it with the normal restrictions we place on an accessory building Number One. Number Two: That the utility on the interior of the building Page 14 12/3/92 only consist of electricity and that is basically it, and it be a one-story structure, not to exceed approximately 13 feet to the ridge, and to be back 40 feet. (Seconded and carried.) THE CHAIRMAN: Have a Merry Christmas. Page 15 - 12/3/92 APPLICATION NO. 4098 - ApDlication of TONY AND MARIA KOSTOULAS for a Variance to the zoning Ordinance, Article XXIII, Section 100-239.4 for for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff~ Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees action On Coastal Zone Permit jurisdiction). (Above matter was not reconvened; postponed as requested by attorney William Moore -- NO DATE SET.)