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Home My WebLink AboutZBA-07/24/1996APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING WEDNESDAY, JULY 24, 1996 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 WEDNESDAY, JULY 24, 1996: P.resent were: Gerard P. Goehringer, Chairman & Member Serge J. Doyen, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member I.inda Kowalski, Secretary to Board Absent was: James Dinizio, Jr., Member (out-of-state) Also present were approximately 30 persons in the audience at the start of the meeting. I. 7:15 p.m. Work Session and Reviews (No Action taken until after 7:30 p.m.). The Board Members reviewed and briefly noted documentation in tonight's files. No action was taken during thi.~ time. II. (Ref. Agenda Item III). PUBLIC HEARINGS: 7:18 p.m. This is a carryover hearing, continued from 6/26/96 after coordination with Planning Board Members and receipt of other information, maps, etc. on the Matter of: Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Mh~or Subdivision Map for Pudge Corp. approved by the Planning Board on or about 7/t9/82. Tax Lot 11000-59-4-8 and 9 (these two lots wilt be combined as one for this building and site plan project). Zone: B General Business. The owners are requesting: 1) Dweiling unit for an on-site manager by Special Exception, pursuant to Article X, Section 100-101B of the Zoning Code. 2) under New York Town Law, Section 274-B-3, the owners are Page 2 - Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Tow-h Board of Appe21-~ requesting Variances from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced yard setbacks of proposed buildings, as may be determined by the Board of Appeals. (Mr. Gray- submitted an amended plan showing three proposed buildings at 70 ft. width, instead of 120 ft. width, alt au a front yard setback at 90 ft. It was agreed that this plan should be discussed with the Building Inspector, and coordinated with the Planning Board for other suggestions they may have. Also, see verbatim transcript of statements made during the hearing, prepared separately and filed with the Town Clerk for reference purposes.) On motion by 1. Chairlnan Goehringer, seconded by Member Tortora, and duly carried, the hearing was recessed until August 21, 1996 as agreed. · · · 7:30 7:42 p.m. Appl. No. 4400 - PHILIP GIOIA. Public hearing on a second variance request, under Article IIIA, Section 100-30A.4, Section 100-30A.4 (100-33) based upon surveyor's map and limitations of ZBA Appl. No. 4400 to locate an accessory garage in a front yard area, at 3450 Peconic Bay Boulevard, Laurel, NY; Parcel 4t1000-128-6-27. See verbatim transcript of statements made during the hearing, prepared separately and filed with the Town Clerk for reference purposes. Following the hearing, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, ~o close (conclude) the hearing, in order to commence deliberations (held later). * * 7:42 p .m. Appl. No. 4395 - WILLIAM BEEBE. Request for a Waiver under Article II, Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-25A, which was determined to be merged with an adjoining improved parcel identified as 1000-109-7-10.4 although each lot was created by separate deed prior to 1971. Properl~y Location: 1335 New SuffoLk Road and 1455 New Suffolk Road, Cutchogue, NY; Subject Parcel is known as 1000-109-7-9.3. Zone District: Limited Business (LB). Following the hearing (see ~ranscript of statements prepared separately), the board deliberated and took action to approve the Waiver, continued on the next page. Page 3 - Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals Appl. No. 4395 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: Ju.ly 24, 1996 APPLICANT: WILLIAM M. BEEBE LOCATION~ OF PROPERTY: I455 New Suffolk Road, Cutchogue. COUNTY ~AX MAP 'DISTRICT 1000, SECTION 109, BLOCI~ 7, LOT ]0.4. GROUNDS OF REQUEST/REFERRAL: Building Jn.gpector Notice of Disapproval issued June 20, ]996 stating ~.'..Under Article Il, Section ]00-25A Merger, proposed construction for an addition is on a non-conforming lot that has been held in c~mmon ownership with an adjacent non-conforming lot sometime after July ], 1983 .... " (Lots 10.4 ant 9.3 merge~ as of 1983). TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR GRANT OF WAIVER: 1. Each of the two lots were created by separate deeds in 1947 and 1952. Original lot Iines - the exact lot lines are shown in the original deeds (separate metes-and-bounds description for each parcel). Town issued single tax billa for each parcel since lot creation. Zoning adopted by Town 4/23/57 (lot merger law was strictly enforced about 1983 in the Towqa's zoning matters). In 1976 - County established maps showing parcels separately. Each of the two lots are improved with single-family dwelling and separate water and septic systems. 7. Neighborhood consists of lots similar in size. 8. The hand will not require a change or alteration in contours or slopes, or substantial filling of land. 9. There is no increase in density by this lot waiver since the property has been improved with a single-family dwelling construction prior to 1970. 10. A majority of the lots in thi.~ development have been built upon. MOTION MADE BY G. Goehrlnger SECONDED BY L. Tortora. ACTION/RESOLUTION ADOPTED: Waiver granted as applied. VOTE OF THE BOARD: Ayes: Serge J. Doyen Lydia A. Tortora Gerard P. Goehringer Robert A. Villa. This resolution was uBanimously adopted (4-0), James Dinizio absent (out-of-state). Page 4- l~inutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: 7:47 7:56 p.m. Appl. No. 4399 DOUGLAS AND LORRAINE ROSE. Request for a Variance based upon the June 20, 1996 Building Inspector's Notice of Disapproval under Article IIIA, Section 100-30A.3 issued on the following grounds: A building permit application has been filed requesting the location of an inground pool with raised terrace attached by a raised deck aloi~g the rear of existing dwelling, To be located partly i~the front yard area (facing Pine Neck Road). Location of Property: 95 Kimberly Lane, Southold, NY; Lot #1 on the Map of Paradise By the Bay; County Parcel $1000-70-13-20.1. Following the t~stimony during: the public hearing, the Board took the following action: PAGE 5 - MINUTES & RESOLUTIONS REGULAR MEETING OF JULY 24, 1996 SOUTHDLD TOWN BOARD OF APPEALS DELIBERATIONS/DECISION: Appeal ~4399 ACTION OF TIIE BOARD OF APPEALS July 24, 1996 APPLtCA[qTS: DOUGLAS AND LORRAINE ROSE. PROPERTY-: 95 Kimberly Lane~ Southold~ NY. Parcel ID #1000-70-13-20.1. BASIS OF APPEAL: June 20, 1996 Building Inspector's Notice of Disapproval. CODE PROVISION APPEALED: Article IIIA, Section 100-30A RELIEF REQUESTED: 25 ft. setback from property line along easterly side of Pine Neck Road, for a portion of proposed deck around inground pool at northwesterly corner of existing two-story frame dwelling, and side deck area, ail as shown on the April 30, 1996 Map. MOTION BY: R. Villa SECONDED BY: L. Tortora RESOLUTION ADOPTED: Granted variable setbacks as shown on the April 30, 1996 maI) with 25 ft. at the closest point between deck and westerly front property line,, and ~reater as shown thereon~ provided the setback from the bulkhead at its closest points shall be at 75 feet (or more) to meet code requirements. Note: The grant of this variance is based only on the Building Inspector's Notice of Disapproval as written and noted above, and does not apply to any other sections of the zoning code or other provisions of taw. REASONS/FINDINGS: The subject lot is a corner lot fronting on two streets, and contains a lot size of 47,916+- sr. The single-family dwelling was built in 1988 under Permit #16867. The setback requested for .reduction to 25 feet is along the northerly street (Pine Neck Road) which is a "dead-end" area, used for vehicle turning. A chainlink fence separates Pine Neck Road and the proposed pool-deck area. The relief requested does not create an undesirable change or detriment to adjoining properties or surrounding residential areas. VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously / GERARD P. GOEHRINGER, C~IRMAN Page 6 - Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:56 - 8:04 p.m. Appl. No. 4398 JOHN and MARY McFEELY. Request for Variance based upon the June 26, 1996 Building Inspector's Notice of Disapproval under Article III, Section 100-30B(3), issued on the following grounds: A building permit application has been filed requesting the location ~of an accessory building with a reduced side yard setback, at 5900 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel ~1000- 129-02-9.1. (See action taken later in the meeting after all hearings.) 8:04 p.m. Appl. No. 4396 - PETER and LISA GEVINSKI- Request for Variance based upon the June 26, 1996 Notice of Disapproval issued by the Building Inspector under-Article XXIV, Section :100-244B on the following grounds: A building permit .applicatio~ has been filed requesting the rear yard setback location of a new dwelling on a substandard size lot known as 405 Wendy Drive, Laurel, NY; County parcel .#t000-128-5-1. At the end of the publiq hearing, the Board took the follow/rig action: PAGE 7 MINUTES & RESOLUTIONS Regular Meeting of Jut¥ 24, 1996 Southold Town Board of Appeals Appeal ~. 4396 ACTION OF THE BOARD OF APPEALS APPLICANTS: PETER and LISA GEVINSKI. PROPERTY: 405 Wendy Drive, Laurei, NY. Parcel ID 41000-128-5-1. July 24, 1996 BASIS OF APPEAL: June 26, 1996 Building Inspector's Notice of Disapproval. CODE PROVISION APPEALED: Article XXIV, Section 100-244B RELIEF REQUESTED': Reduction by three feet of rear yard setback at 32 feet instead of the required 35 feet, for southeasterly corner portion (closest point) of proposed new dwelling on a substandard size lot. MOTION BY: L. Tortora SECONDED BY: S. Doyen RESOLUTION ADOPTED: Granted variable setbacks as shown on the May 17, 1996 survey map with 32 ft. at the closest point to the rear property line~ and variably on a slight angle (and greater distance as shown thereon. ) Note: The grant of 'this variance is based oniy on the Building Inspector's Notice of Disapproval as written and noted above, and does not appty To any- other sections of the zoning code or other provisions of law. REASONS/FINDINGS: The subject lot is located at the end of a cul-de-sac and contains a lot area 'of 22,244.8 sr. (.51 ac.) and 100.0 ft. frontage along Wendy Drive in Laurel. The setback requested for reduction to 32 feet in the rear yard is to the east of the proposed house. The property adjoining aloI~g the east line is that of Half Hollow Nursery used for agriculture. The relief requested does not create an undesirable change or detriment to adjoining properties or surrounding residential areas. The relief requested is minimal at-three feet (a variauce of less than 15% of the requirement). VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted 4-0. (Member J. Dinizio was absent {out-of-state}). ZBA:~ Page 8- Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:08 p.m. Appt. No. 4401 - DAVID DeFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Builcling Inspector's Notice of Disapproval under Article VIII, Section 100-8lA, issued on the following grounds: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY; County Parcel. #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as attorney. At the end of the public hearing, motion was made by Chairman Goehringer, seconded~ by Member Villa, and duly carried, to close (conclude) the hearing record, reserving deliberations and decision until later. This resolution was duly adopted (Ayes: All, and Member Dirfizio was absent. (4-0). (See reopening of this application hearing for clarification and further discussions, continued until 2/6/97 and possibly later.) The next hearing was postponed until August 21, 1996 as requested by the attorney for the applicant. 8:55 p.m. Appl. No. 4397 - ALLEN W. OVSIANIK. Richard J. Cron, Esq. requested a postponement of this hearing until August 21, 1996. (This is an application for a formal Interpretation of the January 10, 1989 Zoning Map, Article II, Section 100-21, and Article III, Section 100-3lA to confirm establishment of the zoning district Line of the "B" Business Zone District to extend 200 feet deep as per Article II, Section ]00-21. Property Location: 225 Eugene's Road, Cutchogue, NY; County Tax Map ID #1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's propert57 to the south, and further. III. DELIBERATIONS/DECISIONS in the following order: Appl. No. 4400- Gioia. Appl. No. 4398- McFeely IV. (Ref. Agenda Item II). ENVIRONMENTAL DECLARATIONS: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, confirmed Type II Actions for those hearings tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, and similar regulations pertaining to buildings, structures, and use of residential properties. (No objections were received.) This resolution was duly adopted (4-0). Page 9 - Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals Appl. #4400 ACTION OF THE BOARD OF APPEALS APPLICANT: PHILIP GIOIA. DATE OF RESOLUTION: July 24, 1996 LOCATION OF PROPERTY: 3450 Peeonie Bay Blvd, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 128, BLOCK 6, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated November 3~ 1995~ and based upon new circumstances uuknov~a under prior Appeal #4352 with conditions rendered December 6, 1995. APPEALED PROVISIONS: Art. IIIA, Section 100-30A.4 (ref. Section 100-33). RELIEF REQUESTED: 22 ft. by 20 ft. accessory garage - storage building in lJae front yard 38 feet from the northerly front property line along Peconic Bay Boulevard and five (5) feet at its closest point to the easterly right-of~way, also known as applicant's easterly property line. The easterly side of the garage Iq~nning parallel with the easterly neighbor's right-of~way is confirmed by Roderiek VanTuyl, surveyor, by survey amended July 3, 1996 at five feet instead of 15+- feet and 17+- feet (on an angle) as originally requested in 1995. Both corners of proposed garage from the easterly property line are Shown to be at five feet. MOTION MADE BY Gerard P. Goehringer, SECONDED BY Robert A. Villa. ACTION/RESOLUTION ADOPTED: Granted as applied and shown on the survey amended for Philip Gioia July 3, 1996 (name of map is Raymond T. Goodwin~ Map #2864-2). Former conditions under'~ App1. #4352 allows only electric (no water or other utilities is proposed'at this fime~ and will re~iuire further consideration after written request to the ZBA). t REASONS/FINDINGS: Requested location is not unreasonable due to the variable dimensions of the lot and the fact that a major portion of the yard areas are "front yard areas." Accessory buildings are required to be in a rear yard, but the applicant indicates he would not have vehicular access to the rear yard for a garage from' Peconic Bay Boulevard and that he does not have a legal access for vehicles to cross ever the neighboring easterly right-of-way which runs along his easterly properly ]i~e. The rear yard is not be able to be used for thi.g garage since .variances 'would also be required. No other alternative is avnil~ble. VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, Robert A. Villa, Lydia A. T0rtora, Gerard P. Goehringer, Chairman. (Absent: J. Dinizio, Jr. (out-of-s~ate).) This resohition was unanimously adopted 4-0. Page 10 Minutes & Resolutions Regular Meeting of July 24, ~996 Southold Town Board of Appeals July 24, 1996 ACTION OF THE BOARD OF APPEALS APPEAL #4398. APPLICANT: JOHN F. McFF. F. LY LOCATION OF PROPERTY: 870 Bray Avenue, La,~rel. COUNTY TAX MAP DISTRICT 1000, SECTION 128, BLOCK 2, LOT 9.1 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on June 27~ 1996. Provisions Appealed: Article III, Section 100-33B(3). RELIEF REQUESTED: 25' x 30' accessory garage with an insufficient setback at five feet from the side property line, for a location adjoiniug neighbor's (Roz~nlcy's) garage, instead of the required ten (10) feet~ MOTION MADE BY: J. Goehringer SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: Granted side yard setback at five feet from the outside edge of overhang at wall of proposed gar-age. (Setback from overhang was used to allow for ex~ra room in maintaining the buildings), Subject to the ,following: 1. Setback from front property line shall be not closer than that required by code for this waterfront parcel, and garage shall be located along the easterly side property line, near .the Rozansky garage location (and extending up to 10 ft. south from the southerly boundary of the Rosansky garage if necessary). 2. No sleeping or habitable use shall be permitted in the subject accessory building, as per present code limitations. 3. Height of subject accessory building shall' be as per present code (not higher than 18 feet),. 4. No utilities or hook-ups other than electric shall be allowed, as proposed' herein.~ REASONS/FINDINGS: Neighbor's accessory garage is located in a similar location with a nonconforming setback. To location garage five ft. closer to the opposite side line would be prevented by the present driveway and landscaping which has existed for some time. The five ft. variance is not unreasonable and is preferred by the closest adjoining property owner. VOTE OF THE BOARD: Ayes: Members Serge J. Deyen, Robert A. Villa, Gerard P. Goehringer, Lydia Tortora. (Member Dini~o wa~ absent, out-of-state). Thi.~ resolution was unanimously adopted, 4-0. Page l l- Minutes & Resolutions Regular Meeting of July 24, 1996 Southold Town Board of Appeals V. Other Resolutions or Updates: A. Updates: No session(s) scheduled as of today for either Committee on Planning & Zoning Matters, or Committee on Code Reviews. Last Committee Meeting was Code Review on 7/I1. B. RESOLUTION, made by Chairman Goehringer, seconded by Member Tortora, and duly carried, authorizing' advertisement of new applications filed by 7/30 Which are deemed complete by Chairman and Board Secretary for the Wednesday, August 21, 1996 hearings calendar and Regular Meeting: 7:25 p.m. (Carryover joint hearings from 6/26/96 and 7/24) Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Sp. Exc. and Variance. 7:30 p.m. Appl. No. 4409 - VINCENT AND LINDA BASILICE. Request for a Variance-under Article XXIII, Section 100-239.4B based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application~ for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates, 3255 Bay Shore Road, Greenport; NY; County Parcel ID #1000-53-6-8. This parcel consists of 11,625+- sf. 7:32 p.m. Appl. No. 4406 -BARBARA ADAMS. Request for Variance based upon the June 18, 1996 Building Inspector's Notice of Disapproval under Article III, Section 100-33 issued on the following grounds: . A building permit application has been filed requesting the location of an accessory building kn an area other than the rear yard at 8100 Indian Neck lane, Peconic, NY; County Tax Map Parcel #1000-86-07-9. 7:35 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAtLAN, Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as regulated under Article IIIA, Section 100-30A.2-B (ref. t00-31B(14a-d, and 100-3lB, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the rentin~ of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property.: 26350 Main Road, Southold, NY; County Parcel ID ~1000-109-4-5. 7: 37 p.m. Appl. No. 4404 - RICILARD NEMSCHICK and SUZANNE AUER. Request under Section 100-244B for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, t%{attituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID ~1000-100-3-11.14. 7:40 p.m. Appl. No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Buli{ and Lot Size Schedule, based upon the Building Inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID #1000-59-5-8 and proposed increase in lot Page i2- Minutes & Resolutions Regular Meetin~ of July 24, 1996 Southold To~rn~Board of Appeals size of Parcel known as 85 Lake Court, Southold, Parcel ID #1000-59-5-7. Both lots are presently nonconforming in lot size in this R-40 Residential Zone. 7:45 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal #4370 rendered 4/3/96 whiCh was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southotd, NY; County Parcel ID #~000-70-6-8. 7:47 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver under Section 100-26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article II, Section 100-25A, that Lot #t000-104-2-28 and Lot ~1000w104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address: Bay Avenue (Skunk Lane), Cutchogue, NY. 7:50 p.m. Appl. No. 4408 - JOSEPH and AMY-SUE MALAVE. Request is made for a Variance under" Article XXIV, Section 100-244B, based upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly less). This 40,252 sf parcel is located in the R-80 Zone District ar 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates' (1984) Filed Map, Lot #27. This resolution, was duly adopted (4-0). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting :was adjourned at 9:40 p.m. Respectfully submitted, Linda Kowalski AND FILED BY ~p/_proved for filir~ /?j~ THE SOUTHOLD TO-?~{ CLERK