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HomeMy WebLinkAboutZBA-04/11/1995 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, APRIL 11, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 11~ 1995 commencing at 7:15 p.m. Present were: Gerard P. Goehringer~ Chairman Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowalski, Secretary to ZBA 7:15 p.m. Gerard P. Goehringer, Chairman called the meeting to order. I. PUBLIC HEARINGS (Agenda Item I): INTRODUCTION AND READING OF LEGAL NOTICE: The legal notice and reverse side of each of the following application were read at the start of each hearing. (Unless otherwise noted below, each hearing included testimony by the applicant or his agents, statements pro and con, and dialogue with ZBA members. (Please see Transcript of Hearing Statements prepared separately and filed with the Town Clerk's Office for permanent recordkeeping on each application. ) Following receipt of testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude and close the hearing, pending discussions and/or deliberations.) 7:30 p.m. Appl. ~4303 - STANLEY AND JANICE FLISS. Mr. Stanley fliss and Lou DaLessio appeared. After receiving testimony, the hearing was concluded. (See action adopted by the board, attached as though fully incorporated herein. ) 7:45 p.m. Appl. ~4305 DERRICK D. CEPHAS. Abigail Wickham, Esq. appeared in behalf of the application. The setbacks were confirmed at 135' and 120 feet. Following testimony, the board took action to approve the application. (See attached decision incorporated herewith). Page 2 - Minutes Regular Meeting of April 11, 1995 Southold Town Board of Appeals 7:50 p.m. Appl. #4304 WILLIAM AND JANET WALSH. The applicants both appeared in behalf of this application. After hearing testimony, the hearing was concluded. (Also see decision denying the application, and granting alternative relief, attached as though set forth fully herein.) 8:12 p.m. Appl. #4306 - SCOTT RUSSELL, SELLER (FOR JOHN AND JOAN STROH, NEW OWNERS). Scott Russell appeared in behalf of the new owners. After receiving testimony, the Board approved the 15" variance (Attached au the end of this set of Minutes is the Board's findings, decision of approval, as though fully set forth herein. ) Agenda Item II-B. Committee Sessions: Planning & Zoning added today at 5 p.m. Re: State Route 25 - business zoning tour. TDR - April 19th at 7 ]p.m. Code Review - None scheduled as of today. Transportatior~ Committee - Tues. April llth. Town Attorney Session for Staff: 4/28 for Planning Board authority. * * Agenda Item III. Applications authorized for advertising for May 3, 1995 are: A. Best and Syverson. B. VanMeter and Redhead. C. Others filed in complete form on or before April 17th. Agenda Item IV. RESOLUTION. Motion was made by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to approve the Minutes of March 28, 1995. (Note: There was a request to hold the March 1, 1995 Minutes for reading by Members Villa and Tortora). VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, DOYEN, VILLA and TORTORA. This RESOLUTION was duly ADOPTED. There being no other business properly coming before the Board at Page 3 - ~Iinutes Regular Meeting of April 11, 1995 Southold Town Board of Appeals this time, the Chairman declared the meeting adjourned. Respectfully submitted, Attachments: Case Decisions (4) Linda Kowalski ACTION OF THE BOARD OF APPEAL~q DATE OF ACTION: April 11, 1995 APPL. #4303. APPLICANT: STANLEY J. FLISS LOCATION OF PROPERTY: 565 Old Main Road, Mattituck; NY COUNTY TAX DISTRICT 1000, SECT. 122, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Builclln~ Inspector on February 15, 1995. "Accessory buildings shah be located in the required yard." PROVISIONS APPEALED FROM: Article X, Section 100-101C(1). RELIEF REQUESTED: Accessory building locate partly in the westerly side yard area (and partly in the required rear yard). MOTION MADE BY: Gerard P. Goehringer, Chairman ~SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted building located 66' from the front ~r~..p~rty .~lin,,e. and 6' from the westerly property line, with the condition that th,', un(ung is accessory and ineide, ntal to the resident-owner's use of the building as a woodworking shop business ' REASONS/FACTS: The principal use on the premises is single-family dwelling. In addition, the owner-resident of the dwelling operates a woodworking shop in separate buildings in the rear yard. The proposed building will also be used incidental to the business use of the premises as a woodworking shop for drying of lumber products. The subject premises is zoned "B" General Business. Section 100-33 provides that buildings which are not the principal building, or accessory buildings, shall be located in the required rear yard. Approximately one-half of this 20' x 36' building is located outside the required rear yard, and the remaining one-half shows the building to be located in the rear near the northerly yard area. Accessory buildings are permitted to a height of 18 feet. No undesirable change will result from the location of this building - particularly since the adjoining land to the west is vacant and the building is proposed near the circular end of the existing driveway area. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOIJqlIOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4301. APPLICANT: DERRICK D. CEPHAS LOCATION OF PROPERTY: 1600 King Street~ Orient~ NY COUNTY TAX DISTRICT 1000, SECT. 26, BLOCK 2, LOTS 42.2. BASIS OF APPEAL: Notice of Disapproval issued by the Building _Inspector on March 23~ 1995. "Proposed 10 ft. high fence will exceed four ft. height of fence in frep~t yard area." PROVISIONS APPEALED FROM: Article _XXIII, Section 100-231. RELIEF REQUESTED: Up to 10 ft. maximum height of proposed fence for tennis court structure in a front yard. MOTION MADE BY: Lydia A. Tortora, Member SECONDED BY: James Dinlzio, Jr., Member ACTION/RESOLUTION ADOPTED: Gl~anted excessive height of proposed 60' x 120' tennis court fence enclosure not to exceed 10 ft. from ground level, with the condition there be no lighting, and setbacks from property lines shall be an applied. ' REASONS/FINDINGS: This property is a waterfront parcel. Section 100-33C provides that accessory buildings and structures may be located in a front yard. Accessory buildings are permitted to a height of 18 feet, while fences in a frontyard are not permitted above four feet in height. The setbacks of the proposed tennis court and fence enclosure is greater than that required for a principal building. The variance is not substantial in relation to other buildings which are permitted in this yard area. No undesirable change is produced by the proposed fence height in the area designated in this application. The benefit sought cannot be achieved by some other feasible method other than an area variance. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4304. APPLICANT: WILLIAM F. WALSH LOCATION OF PROPERTY: 1555 Fleetwood Road, Cutchogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 137, BLOCK 4, LOT 34 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 2, 1995, . "Proposed decking ...shall be set back not less than 75' from bulkhead, and insufficient setback in side yard area. Action required by the Zoning Board of Appeals." PROVISIONS APPEALED FROM: Article III,, Section 100-32. RELIEF REQUESTED: To construct 20' ground level deck which is to be 14'8" past existing upper deck's established line - for a new :bulkhead setback at 37 feet at its closest point. (Note: Side yard protrusion appears to have been modified to show only step areas subject to code provisions pertaining to steps or entries. ) MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Lydia A. Tortora, Member ACTION/RESOLUTION ADOPTED: Denied variance, request for 20 ft. deck with a 37 ft. bulkhead setback. Alternative relief was granted for a 16-ft. raised, open deck extending from outside wall of house for a setback at 41+- ft. from outside edge of bulkhead. (No request for side yard variance was filed by applicant at this time and may be filed separately as an owner's option.) REASONS/FINDINGS: Single-family dwelling with second-level deck as exists is nonconforwing with a 51.6+- ft. setback from bulkhead at its closest point. The deck is shown to be in line with neighboring dwe]llng structures, and the deck construction is not out of character with the neighborhood. Concerns raised by seutheriy adjoining owner have been fully considered. Generally spe~klng, it is prefered to have a raised, open deck structure rather than alternatively physically disturbing land area for placement of a level patio (patios at grade level do not require setback variances, ref: 100-12 Patio definition. An open deck will not, in the board's opinion, contribute 'to erosion (also rof: Town Trustee considerations) if constructed as conveyed during the hearing/application process. Relief as originally requested for a 20 ft. deck is substantial in relation to the requirements and is Page 2 - Appeal No. 4304 Application of WILLIAM F. WALSH Decision Rendered April 11, 1995 not ~ae minimum necessary or reasonable under the eircum.g~nces. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehrlnger, Chedrnmn-Member Against: Robert A. Villa, Member (preferred 15' from house rather than 16 ft. ) This resolution was duly adopted (4-1). ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11~ 1995 APPL. #4307. APPLICANT: JOHN AND JOAN STROH LOCATION OF PROPERTY: 1050 Pine Avenue, Southold, NY COUNTY TAX MAP DISTRICT 1000, SECTION 77 BLOCK 3, LOT 2 Also referred to as "combined lots 50, 51 and 52" on the Map of Goose Bay Estates filed November 13, 1934 as Map No. 1176. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 29~ 1995: "Article IIIA~ Section 100-30A.3. Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IIIA., Sections 100-30A.3. RELIEF REQUESTED: Approval of 11~ to 15" variance from side yard setback requirement, for a setback at 13'9~ (13.75 feet) at its closest point for a proposed seven-ft, porch addition at the northerly side of the existing single-family dwelling. MOTION MADE BY: Lydia A. Tortora, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted as applied~ with a setback at not less than 13 ft. 9 inches (or 13.75 feet) for the proposed porch addition at the north side of the exisilng dwelling. REASONS / FINDINGS: The preexisting slngle-family dwellln g has established conforming side yards presently shown on the November 21, 1991 survey map to be 12.7' and at approximately 21 feet (scaled measurement). A seven-ft, porch is not substantial, ~nd the relief requested at 15 inches from the requirement is not ~m~asonable. The property is substandard in area at 7500 sq. ft. and lot width (frontage) of 60 feet, in thin R-40 Low-Den.~ity Residential Zone District. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dini~o~ Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goeh~fnger, Cbairmnn-Member This resolution was llDanimously adopted.