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HomeMy WebLinkAboutZBA-12/05/1981 SPECAPPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKt Southold Town Board of Appeals IVlAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING HELD DECEMBER 5, 1981 A Special Meeting of the Southold Town Board of Appeals was held on Saturday, December 5, 1981 at 9:15 o'clock a.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Charles Grigonis, Jr., Chairman; Robert J. Douglass (arr. 10:00); Gerard P. Goehringer; Joseph H. Sawicki. Absent was: Serge Doyen, Jr. (Fishers Island). A Waiver of Notice of Meeting form was executed by the Board members concerning this meeting. APPEAL NO. 2818. Matter of Herbert W. Davids. The Chairman brought to the Board's attention that the attorney representing the town in the matter of Herbert W. Davids vs. Zoning Board has suggested that the zoning board should hold a re-hearing of this appeal and schedule same for the board's next regular meeting, to wit, December 17th. It appears that the applicant and the attorneys involved would like to board to consider an area variance for two lots rather than three. This new proposal seems more reason- able and not substantial in relation to the code requirements. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a re'hearing be advertised and scheduled to be held by this Board on Thursday, December 17, 1981 in the matter of Herbert W. Davids, Appeal No. 2818. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Messrs. Douglass and Doyen were absent.) Southold Town Board of Appeals -2- December 5, 1981 Special Meeting On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the following appeals be scheduled and advertised for public hearing to be held December 17, 1981 at the Southold Town Hall, Main Road~ Southold, New York, in addition to those previously scheduled: Appeal No. 2936 - Richard A. Miller Appeal No. 2935 - William A. Kreitsek Appeal No. 2934 Martin & Mildred Nelsen Appeal No. 2926 - Yaboni & Hauptman Vote of the Board: Ayes: Messrs. Grigonis, Sawicki and Grigonis. (Messrs. Douglass and Doyen were absent.) APPEAL NO. 2930. Application of Sal Caiola, by David Kapell as agent, 143 Sixth Street, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article V, Sec- tions 100-50 and 100-51 for permission to construct condominium units, paved parking spaces, community swimming pool, at the south side of C.R. 48, Southold, NY. This special exception application was filed with the Town Clerk on November 19, 1981. On November 27, 1981 this board referred applicant to the N.Y.S. Department of Environ- mental Conservation and the Southold Town Planning Board for their views, and referral to the Suffolk County Health Depart- men~ concerning their position on this project. On December 1, 1981 a letter was submitted to the Southold Town Planning Board advising them of this Board's position at this time and requesting the Planning Board provide their input after developments. Pursuant to Part 617 of the N.Y.S. Environmental Quality Review Act and Chapter 44 of the Southold Town Code, it was the consensus of the Board upon reviewing this application that the application be determined "incomplete" due to lack of surveys showing the proposed lowest floor elevations above mean sea level and information concerning the proposed waste/ sewage system. This property is located in an A-4 Flood Area as designated on the Flood Insurance Rate Maps of the Town of Southold. The Secretary was directed to advise applicant of this Board's SEQRA determination. Southold Town Board of Appeals -3- December 5, 1981.Special ~eeting~ APPEAL NO. 2936 Application of RICHARD A. MILLER. On motion by Mr. Goehringer, seconded by Mr. Grig0nis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Richard A. Miller, Appeal No. 2936: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified.as a ~ype II' Action, not having a significant adverse effect upon the environmen~ for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this pro~ect be implemented as planned. The property in question does not appear to be located within 300 feet of tidal wetlands. This declaration should no~ be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 2895 Aldrich Lane, Laurel, NY; County Tax Map Parcel 1000-125-2-1.5. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Griqonis. (Messrs. Douglass and Doyen were absent,) Southold Town Board of Appeals -4~ Dscembe~ 5, 1981 Special Meeting~ NEW APPEAL. Appeal No. 2926~ Application ~f William J. Clark., Esq. for Joseph Yaboni and Myron Hauptman for. a Variance to the zoning Ordinance, Article III, Sections 100-30(A) and~ 100-32(B) for approval of insufficient side yard areas of existing buildinqs due to location of new lot lines at Count~ Road and Elijah's Lane, Mattituck, NY; 'County Tax Map'Parcel 1000-100-4-6. On motion by Mr. Goehringer, seconded by Mr. Grig~nis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Jo.seph Yaboni and Myron Hauptman, Appeal No. 2926: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of-the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a~ype II Action, not having a significant adverse effect upon the environment for the following reason(s): . An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question does not appea~ to be located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Intersection of C.R. 48'and Elijah's Lane, Mattituc~, NY; County Tax Map Parcel 1000- 100-4-6. Vote of the Board: Ayes: Messrs. ~oehringer, Sawicki and Grigonis. (Messrs. Douglass and Doyen were absent.) Southold Town Board of Appeals -5- Decembe~ 5, 1981 Special Meeting- .NEW APPEAL: Appeal No. 29.35. Application of William A. Kreitsek for approval of the construction of attached deck and pool with reduced rearyard at 9030 Sound~iew Avenue/ Southold; NYi On motion by Mr. Goehringer, seconded by Mr.-Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of William A. Kreitsek: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southotd Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II'.Action, not having a significant adverse effect upon ~he environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetland area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 9030 Soundview Avenue, Southold, NY; County Tax Map Parcel 1000-59-7-27.2. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Messrs. Douglass and Doyen were absent. ) Southold Town Board of Appeals -6- Decembe~ 5, 1981 'Speciai Meeting NEW APPEAL. Appeal No. 2934. Application of Martin and Mildred Nelsen for a Variance to construct addition tc dwelling with reduction in frontyard area at 2835 Gr. Peconic Bay Boule- vard,Laurel, NY; County Tax Map Parcel 1000~128-5-4. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Martin and Mildred Nelsen: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southotd Town Code, notice is hereby given that the Southold Town Board'of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II.Action, not having a significant adverse effect upon ~he environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetland area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 2835 Great Peconic Bay Boulevard, Laurel, NY: County Tax Map Parcel 1000-128-5-4. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Messrs. Douglass and Doyen were absent.) Southold Town Board of Appeals -7- December 5, 1981 Special Meeting RESERVED DECISION: Appeal No. 2913. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sections 100-30 and 100-35 for permis- sion to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175.Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel 1000-118-5-2. A public hearing was held concerning this appeal on November 5, 1981, at which time the hearing was closed and decision reserved until a later date. The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a 60' by 120' tennis court approximately 95' from a tie line on Clearwater Lane to the northwesterly corner of the proposed tennis court with a 10' high fence around the perimeter of same. Existing on the premises are a one-family dwelling containing a living floor area of approximately 1839 square feet and porch area of approximately 406 square feet, and accessory garage with an area of approximately 504 square feet. The lot in question has road frontage along the tie line of Clearwater Lane of 174.34 feet, an average depth of approximately 510 feet. The practical difficulties in this situation are unique and lends itself to the location of the dwelling approxi- mately 370 feet from the tie line at Clearwater Lane, leaving substan- tial frontyard area and minimal rearyard area. The Board agrees with reasoning of applicant. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Frances N. Frisbie be granted a variance to the zoning ordinance, Article III, Sections100-30 and 100-35 for permission to construct tennis court in the frontyard area and fence exceeding the maximum height requirement as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That a minimum setback of three feet be maintained from the westerly side property line; 2. That this matter be referred to the Suffolk County Planning Southold Town Board of Appeals -8- December 5, 1981 Special Meeting (Appeal No. 2913 - Frances N. Frisbie continued:) Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. 3. That'proper screening (i.e., 6' stockade fence, hedges or similar plantings, etc.) be maintained along the westerly side property line. Location of Property: 175 Clearwater Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-5-2; Nassau Point Filed Subdivi- sion Map No. 156, Subdivision Lot 106. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Messrs. Doyen and Douglass were absent.) Member Douglass arrived at approximately 10:00 a.m. Ail of the members discussed Appeal No. 2863, SOuthold Marine Center Land Holding Corp., which was given a conditional!~approval at a Special Meeting held October 2, 1981, The Board is concerned about several of the conditions of the board's decision, particularly Conditions 2 and 3 with reference to adequate access, regraded and paved to a width of 30 feet, and with reference to storage of boats within 35 feet of the Main Road, on the parcels located at ~he south side of Route 25. It was suggested that perhaps thes~ matters Should be<broughq to the~atte~tion of the Building Department. Southold Town Board of Appeals -9- (Appeal No. 2925 - Arthur M. Schwartz, M.D.) December 5, 1981 Special Meeting By this appeal, applicant requests approval of access over an existing, traveled right-of-way off the northeasterly sids of Westphalia Avenue, with a variance from the usual'road specifica- tions for such rights-of-way as adopted in 1979 by this Board. On August 24, 1972 approval of access was granted to a previous owner of the subject parcel (1000-113-9-10.1), Ruth Sloan Gimbernat, subject to the following two conditions: [1] Access is to be approved by the Building Inspector, and [2] Approval of this access is also subject to applicant having or obtaining legal access over the route herein approved. The Board finds that this access road has not been approved since 1972 by the bUilding inspector. The applicant presumably purchased this parcel during 1981 without knowledge of the 1972 variance or restrictions con- cerning all rights-of-way and private roads. On March 22, 1979 this board unanimously adopted a resolution requiring all rights- of-way, private roads, or other means of access to one or more parcels of land or improvements to same, et cetera. Applicant was recently denied a building permit to construct a new dwelling on the subject parcel inasmuch as the access road has not been improved to the requirements of Town Law, Section 280~A and the Board of Appeals conditions in Appeal No. 1632. Subsequent to the previous appeal and this board's 1979 resolution concerning private roads, the applicant purchased the subject premises. Upon personal inspection of the property, the Board finds that the existing right-of-way is traveled to a width of approxi- mately 11'7,' for the first 30 feet from the westphalia Road/ property line, and then the right-of-way extends past applicant's property for apProximately the same traveled width, more or less. At the beginning of the right-of-way (along Westphalia Road) is an entrance gate having a clearance of approximately 11'7". It is the feeling of the Board that the width of the right-of-way at the entrance and along the first 30 feet in length should be widened to 12 feet, without re~r~o~ing any trees. It is also the feeling of the Board that the right-of-way past the first 30 feet may be widened, without significant difficulty, and should be widened to a minimum of 15 feet, to applicant's property. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot'be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased poPulation; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. · . On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -10- December 5, 1981 Special Meeting (Appeal No. 2925 - Arthur M. Schwartz, M.D. continued:) RESOLVED, that the applicant be granted approval of access over the existing and traveled right-of-way, pursuant to New York Town Law, Section 280-A, as applied in Appeal No. 2925, application of Arthur M. Schwartz, M.D., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within this right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the right-of-way property line along Westphalia Road. 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property. 3. The entire access road commencing from Westphalia Road and to applicant's property shall be improved as follows: (a) The existing traveled right-of-way with a good base shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend, and (b) New cuts along this right-of-way as required above shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend. 4. No certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all of the conditions set forth herein have been complied with. 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facil- ities as may be necessary and recommended by the Town Engineer. 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notice of such completion in order that they may inspect same as to meeting the above require- ments. Location of Property: Off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. Southold Town Board of Appeals -11- December 5, 1981 Special Meeting RESERVED DECISION: Appeal No. 2885. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. A public hearing was held concerning this appeal on October 15, 1981, at which time decision was reserved until a later date. Appellant has applied to this Board for a use variance to permit the construction of a professional office building on his property located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft. and has constructed thereon a 2-~ story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-½ story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which ex~ends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13), the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-l" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only Southold Town Board of Appeals -12- December 5, 1981 Special Meeting (Joseph L. Lizewski - Appeal No. 2885 continued:) for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- tant's statement that he paid $65,000.00 for the property and his conclusory statement.that he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public need for the type of facility proposed by the Appellant in the Hamlet of Cutchogue, and that perhaps the Town Board should consider the extension of the present "B-i" District to embrace Appellant's property. On motion by Mr. Grigonis , seconded by Mr. Goehringer, BE IT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. Being there was no further business to come before the Board at this time, the Chairman declared the meeting closed at approxi- mately 10:30 a.m. / qP_P_ROVED Ohai~'ma, Boal'd~ll~ App~ Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals