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HomeMy WebLinkAboutZBA-05/05/1999 SPEC Jr.!- APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES WEDNESDAY, MAY 5, 1999 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 5. 1999 commencing at 6:55 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Board Secretary Absent was: George Horning of F.I. (as agreed). 6:55 p.m. Chairman Goehringer called the meeting to order and then proceeded to Agenda Item I - SEQRA Determinations. RESOLUTION. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to DECLARE the following Declarations under SEQRA: Unlisted Action and Negative Declaration (No Adverse Effect) as prepared for: Appl. No. 4686.lt - Andrea and Stacey Paliouras. Gift shop in existing dwelling. 1000-74-4-9. B Business Zone, 32570 CR 48, Peconic. Appl. No. 4685.jd - Vincent Torre. Retail sales in accessory building at 100 Sound Avenue, Mattituck. 120-3-1. A-C Zone. 100 Sound Avenue, Mattituck. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) OTHER RESOLUTIONS: . Page 2 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals A. Appl. No. 4680.lt - RAYMOND AND BARBARA TERRY. Resolution. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to authorize advertisement, as published on April 29th, of notice that a public hearing will be held May 5, 1999 to reopen the hearing and request Ch. 58 notices to landowners, to be furnished by the applicant. This Resolution was duly adopted (4-0). PUBLIC HEARING: The Chairman opened the public hearing at 6:57 p.m. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to enter into the record all testimony and documentation submitted at the April 22, 1999 meeting regarding this application. This Resolution was duly adopted (4-0). The Chairman also asked if there was anyone who wished to be heard on this application, and no one was present. At the end of the hearing, the Board re- deliberated and a re-vote was taken. Motion was made by Member Tortora, seconded by Chairman Goehringer, to approve Appl. No. 4680 as applied for and with conditions. (A copy of the original filed with the Town Clerk's Office is attached.) VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA. NAY: COLLINS. This Resolution was duly adopted (3-1). (Mem ber Horni ng of Fishers Island was absent.) * * * RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to authorize filing of Minutes for the Board's Meeting held April 8, 1999. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). * * * OTHER DELIBERATIONS and DECISIONS: Appl. No. 4677.gh - STEPHEN AND JENNIFER SCACE. It was agreed to hold the determination on this application until the May 20, 1999 meeting for input by Fishers Island Member Horning. Appl. No. 4678.lc - VINCENT AND LINDA BASILICE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B and Article IlIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport; 1000-53-6-8. The Board deliberated and a determination was adopted for Alternative Relief, with conditions. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Page 3 - Minutes Special Meeting of May 5, 1999 South old Town Board of Appeals Appl. No. 4676.lt - ALBERT PALUMBO. It was agreed to hold the determination on this application until the May 20, 1999 meeting (pending recommendations from the Soil and Water Conservation District.) Appl. No. 4679.jd - JACKIE AND JON ROGERS. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. 9220 Main Road, East Marion, NY; Parcel 1000-31-8-4. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4684.lc - SHAWN TULLY. A Variance under Article XXIII, Section 100-239.4A(1) based upon the March 12r 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. 2840 Stars Roadr East Marion; 1000-22-3-1. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4682.jd - PETER AND MARILYN WINTERS. A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. 505 Custer Avenue, Southold; 1000-70-8-24. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4681.1c - MICHAEL K. HUGHES and NORTH SHORE YACHT SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100-101B(12) for permission for retail sales, display and service of boats and marine items, an authorized use in this "B" General Business Zone District. 9605 Main Road (formerly Bergen Oil), Mattituck; 1000-122-6-12. The Board deliberated and a favorable determinationr with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4683.lt - VIRGINIA CAMPBELL A Variance is requested under the Southold Town Zoning Coder Article III-A, Section 100-30A.3 and Article XXIII, Section 100-239.4 based upon two February 26, 1999 Notices of Disapproval which state that the addition is proposed to be located at less than (within) 75 feet from bulkhead and in excess of 20% lot coverage limitation at 215 Harbor Lights Dr., Southold. Confirmed the total lot coverage at 24.06% or 1064 sq. ft. (reduced original request by 5.03% of total lot area because brick patio is at grade). The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4668.jd - SOUTHAMPTON LUMBER CORP. A Variance is requested under Article XXIV, Section 100-241-G, for permission to reinstate (re-establish) use as a " Page 4 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals lumberyard and related activities, which use is nonconforming in this Hamlet-Business Zone District, at 13650 Main Road, Mattituck, NY; County Parcel No. 1000-114-11-24.3. (Hearing ended 4/22/99). The Board deliberated and a denial was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4675.jd - ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 'ft. minimum and a total combined side yards of 35 feet. Applicant is proposing to a relocate existing dwelling at 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. The Board deliberated and a favorable determination was made. (See attached copy of determination, the original of which was filed with the Town .Clerk's Office for permanent record keepi ng .) Appl. No. 4636.jd - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a deck addition, as shown on survey amended by March 2, 1999 and March 18, 1999, to be located at less than 75 feet from the existing bulkhead at 3895 Paradise Point Road, Southold; 1000-81-1-8. The Board deliberated and a favorable determination, with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) End of deliberations. * * * CODE COMMITTEE MEETINGS (none calendared as of today.) RESOLUTION/NEW APPLICATION REVIEWS FOR CALENDARING: RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to accept advertisement of the following new applications, as published, for public hearings to be held on May 20, 1999: W. PRICE, JR. Variance request to locate dwelling with partial reduction in front setback at 100 Bay Avenue, Greenport. 43-5-10. MICHAEL ZUHOSKI & ano. Variance request to locate dwelling which will place existing barn in a side yard location. ROW off N/S Main Road, Cutchogue. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). * * * CORRESPONDENCE: Board Members discussed an inquiry by Thomas Miller of Liberty Storage, who is asking whether or not additional review under a 1987 Special Exception use Page 5 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals for Self-Storage Buildings in LI Zone is required by application, former ZBA file #3660, and g100-262-(C2) and (C3). It was noted that the applicant should file an application for a Building Permit with the Building Department and may withdraw his application if the Building Department finds a Special Exception is not necessary. However, if it is determined by the Building Department that ZBA action is necessary, the applicant should submit the application as soon as possible for the June 24, 1999 hearing calendar.) * * * SPECIAL MEETING CALENDARED: The Chairman scheduled June 2, 1999 at 6:45 p.m. at the date of a Special Meeting of the Board. * * * EXECUTIVE SESSION. Members inquired as to the status of the only two litigated matters which are pending: Goodale v. ZBA matter and DeFriest v. ZBA matter. The Chairman declared the meeting adjourned at 8:52 p.m. Respectfully submitted, ~a ~JaLakc. Linda Kowalski 5/12/99 Cases Attached: (~ Boa rd Secreta ry Resolution: 5/20/ ~ Approved f9J~.rr~~g /~ Z Z---7 /RARB1" GOE. N RMAN RECEIVED AND FILED BY-' I THE SOli'THOLD I I DATE S /9,1 <:Ji HOUR d ~ 3s . I- ~t2 7.J-iM I I: Town Clerk, Town of S'Outhold f ~. i _.~'~'_~n L.c APPEALS BOARD MEMBERS Southold To~n Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBAFax (516) 765-9064 George Horning Telephone (516)765-1809 BOARD()F APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEEITNG OF MAY 5, 1999 App\. No. 4678 - VINCENT BASI LICE 1000-53-6-8 STREE"[ .&. LOCALITY:. 3255 Bay Shore Road, Greenport DATE OF PUBLIC HEARING: Aprll 22, 1999 FINDINGS OF FAa PROPERTY FACTS/DESCRIPTION:. Applicant's property is located along the east side of Bay Shore Road, Greenport. A survey map of unknown date, prepared for prior owner Goodrich, shows 75 ft. lot width ~nd 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. ft. However, the Building Inspector's disapproval is based on an area of 13,112 sq. ft. The property is improved with a principal single-family dwelling, set. back 55+- feet at its closest point from the front property lip~, 17 feet from the southerly property line and 7+- foot setback from the northerly line. The current lot coverage is approximately 2172 sq. ft. BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1999 for raised brick patio areas in excess of 20% lot coverage limitation and less than 75 .feet from the bulkhead, Article IIIA, Section 100"30A.3 and.Article XXIII, Section 100-239.4B. RELIEF REOUESTED: Applicant is requesting variances authorizing a raised brick patio area of 1102 sq. ft. according to the Building Inspector's calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The patio is partially constructed and consists of bricks set in sand within retaining walls of sand-filled decorative concrete blocks. The highest segment of the patio is almost 3 feet above grade, at the level of the floor of the house;. the lowest segment is about 1 foot above grade. Applicant testified that he undertook the project in reliance on advice from a Town employee to the effect that no permit would be needed for a patio of bricks set in sand. However, after the work was underway, the Building Inspector's Office issued a stop order and disapprovals. (2) The Building Inspector calculates lot coverage without the patio as 16.6%; coverage would be greater if the smaller lot size referred tq above were used. Applicant testified he wishes to build a large patio in order to suppress insects in his rear yard. Given the lot size and the size Page 2 - May 5,.1999 Re: 1000-53-6-8 ZBAAppl.No. 4678 - Basilice ofthe existing house, applicant needs al()t~Q\ferage variance in order to have any patio of the sort he envisions. (3) Because the house is only. 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above-grade patio at the rear of the house. (4) The neighborhood is characterized by small lots with a fairly high degree of lot coverage, and it is common for structures to be located less than 75 feet from bulkheads. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments on the water views, the Board concludesthatgrant ofthe.relief setforth below will not produce an undesirable change inthecharacter of the neighborhood or detriment to nearby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected, (5) There are no factors present to suggestthatgrant ofthe r~lief set fortlibelow. will have. an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicanttocOnstructthe sort of patio he envisions whilepr~serving and protecting the character of the neighbq!floodand the health, safety and welfareotthecommunity. RESOLUTION! ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance as applied for, and toGRANT.ALTERNATIYEL'(a variance authorizing construction of a non-permanent patio of bricks set in sand, .whichsh(;ill .have a.total area of no more than 925 sq. ft., shall be no less than 20 feet from the bulkhead at the closest point, and shall remain at.all tirnesunenclosed and open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLUNS. (Absent was Member Horning, of Fishers Island.) esol . n u () 4-0). GERARD P. G CHAIRMAN For Filing 5/11/99 ..................................................................................... c APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lyd~a A. Tortora Southold, New York 11971 Lora S. Collins ZBAFax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION SPECIAL MEETING OF MAY 5,1999 AppL No. 4683 - VIRGINIA CAMPBELL Parcell000-71-2-6 STREET & LOCALITY: 215 Harbor Lights Drive, Southold DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 44 on the Map of Harbor Lights Estates, Section 2, with 100 ft. frontage along the north side of Harbor Lights Drive and a depth of 200 feet. Existing is a two-story, one-family frame dwelling with a footprint (lot coverage) area of 3,748 sq. ft. it is situated 36.7 feet from the front property line, 13.5 feet from the west side line, 12.4 feet from the east side line, and contains a lot area of 20,000 sq. ft. In the original applici3tion, a building permit was requested for a 20 ft. by 40 ft. in-ground swimming pool structure at 50 feet from the bulkhead and 18.5 feet from the westerly side property line, and a brick patio at approximately 45 feet from the bulkhead and 13.5 feet from the westerly side line. The proposed lot coverage was requested at29.03%, or 5,818 sq. ft. BASIS OF APPLICATION: BuildingInspector Notice of Disapproval dated February 26, 1999 citing ArticleIIIA, Section 100-30A.3 for lot coverage, and Article XXIII, Section 100-239.4B for reduced setback from bulkhead. AREA VARIANCE RELIEF REOUESTED: Applicants request a Variance for the placement of an inground swimming pool as follows: 1) Lot Coverage. The proposed lot coverage with the original request was 29.03%, or 5,818 sq. ft. The lot coverage calculation was reduced by applicant, after discussions at the April 22, 1999 hearing, from 29.03% (5818 sf.) to 24.06% (4812 sf.). An amended survey was submitted April 23, 1999 confirming applicant's revisions. 2) Bulkhead Setback. The proposed setback for the swimming pool was revised for a distance of 52 feet from the bulkhead at its closest point. A fence will surround the pool as required by the NYS Building Code. REASONS FOR BOARD ACTION: In considering this application, the Board finds that variances to allow construction of a 18 ft. by 38 ft. swimming pool with a minimum setback from the bulkhead of 50 feet, and to allow for construction of a 10 ft. by 38 ft. decking for a total lot coverage of 24.04%, Or 4812 sq. ft., is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. 1. Grant of the area variances will not. be a detriment to nearby properties because the pool will Page 2 - May 5, 1999 Z'OA Appl. No. 4683 - V. Campbell Parcel 10 1000-71-2-6 , be located at grade level and conforms. to the required side yard setbacks from adjoining property owners. No evidence was presented to suggest that the minimum relief hereby granted will produce an undesirable change in the character of the neighborhood. Many residences in the neighborhood enjoy in-ground swimming pools. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances, because the property is nonconforming in size and there are no other locations on th~ property which would not require variances to construct a swimming pool. 3. The variance granted for lot coverage of 24% is not substantial and represents a 16 percent increase in the code required 20% maximum. The variance granted for the bulkhead at 52 feet is substantial and represents a 31% reduction in the code-required 75 foot setback. 4. The difficulty has been in part self-created and relates to the applicant's desire to enjoy a swimming pool, and is in part due to the small size and shape of the lot. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. RESOLUTION! ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT to the CONDITION that an evergreen border be. planted and mantained in good condition on the west side, for 28 feet in width (the pool and patio area), for a minimum height of thr~e feet. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Horning of Fishers Island was absent-excused~ Resolu . as o ed (4-0). . ~ / ../ GERARD P. GOEHRIN /'" CHAIRMAN For Filing 5/10/99 .. .. , I' r APP13ALS BOARD MEMBERS >" Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 S. E. Appl. No. 4681- MICHAEL HUGHES/NORTH SHORE YACHT SALES PARCEL 1000-122-6-12 STREET & LOCALITY: 9275 Main Road, Mattituck DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant is the owner of property located at the north side of Main Road in Mattituck, which has been used and occupied by the Bergen Oil Company. The property is located approximately 800 feet deep from the Main Road to the Long Island Railroad, and the southerly half is zoned B Business while the northerly half is zoned R-40 Residential. Applicant has submitted a survey map prepared by Young & Young, Surveyors May 31, 1988 for Dale Bergen, a prior owner. The 1988 survey shows the layout of the property with dimensions and setbacks of the buildings. The principal building consists of approximately 1104 sq. ft., and is situated 59.5 feet from the front line, 6.9 feet from the east side line, 42.1 feet from the west side line. The 1988 survey shows three oil storage tanks and a second building, all of which have been removed, according to applicant's testimony. Applicant submitted a sketch of a map with driveway and parking areas, entrances and exits, fencing and similar details related to this Special Exception use. For record purposes, it is noted that the following Town determinations were issued regarding this property: (a) Certificate of Occupancy No. Z-115? issued September 20, 1961 to Robert L. Bergen for a business building, referring to Building Permit No. Zl447 dated June 15, 1961; (b) Certificate of Occupancy No. Z-5900 issued May 9, 1974 to Robert L. Bergen for a business building (repair shop) with addition, referring to Building Permit No. 6973Z dated November 7, 1974; (c) ZBA approval rendered July 13, 1961 which extended the 'B' Business District boundary line. 50 feet west, and specified a permanent westerly side yard of 14 feet and permanent rear yard of 14 feet. APPLICANT'S REQUEST: Applicant requests a Special Exception to establish a business use consisting of the display, storage, sale and service of boats on the portion of property zoned. B-Business. Code Section 100-1018(12) authorizes boat sales,w,th accessory repair facilities, in theB Zone provided a special Exception is issuedbythei Board of Appeals. Article XXVI .of the Zoning Code sets forth the requirements for issuance of a Special Exception. " Page 2 - May 5, 1999 ,,' ZBA 5p. Exe. #:l681 - Michael Hughes REASONS FOR BOARD ACTION AND OTHER CONSIDERATIONS: (1). After hearing testimony and making personal inspection of the property, the Board has considered the General Standards set forth in Code Section 100~263, and finds and determines the following: (A) The proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use district(s) (residential). (B) provided that the conditions set forth below are satisfied, the proposed use will not prevent the orderly and reasonable use of permitted or legally established uses in the Business District wherein it is proposed to be located, or of permitted or legally established uses in the adjacent residential use district. (C) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location; (D) The proposed use will be in harmony with, and promote the general purposes and intent of the Zoning Code. (E) The proposed use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. (F) The structures, equipment and material will be readily accessible for fire and police protection. (2) The Board has considered the other matters relating to Special Exceptions set forth in Code Section 100-264, and finds that no adverse consequences will result from the proposed use. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOllOWING CONDITIONS: 1. A fence (for security and safety purposes) shall be maintained in good condition surrounding the entire parcel, except for the portion lying south of the frame building that is to be used as a showroom and office space. A locked gate shall be placed for emergency purposes 2. A fence or other low barrier shall be constructed along the westerly side of the , ~ge3 - May 5, 1999 f ~ . ZM Sp. Exc. #4681 - Michael Hughes property, running southward from the existing 6-foot fence, to prevent vehicles from e:xitingoverthe neighbOring property. 3. To the greatest extent possible, larger boats shall be stored and displayed on the easterly portion of the property. 4. To the greatest extent possible, service work on boats shall be conducted on the easterly portion of the property (to keep noise levels down). 5. As required by Section 100-101B(12) of the Zoning Code: A. Entrance and exit driveways shall be arranged so as to avoid necessity of any vehicle backing out onto the Main Road. B. Dismantled boats, and parts and supplies, shall be located within a building. C. Any storage of gasoline or flammable oils in bulk shall be fully underground and at least 35 feet from any property line other than the street line. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Horning of Fishers Island was absent-exc his Resolution was duly adopted (4-0). (" , -, APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,.DELIBERATIONS.AND DETERMINATION SPECIp,L MEEl1NGOF MiW 5, 1999 Appl.No. 4675 - ANTHONY HUGHES anclSUSAN HULME STREET & LOCALITY: 1330 Salt Marsh Lane, Peconic 1000-68-3-3 DATE OF PUBUC HEARING: April 22, 1999 FINDINGS OF FACT PROPf:RTY FACTS{DESCRIPTION: The subject ~roperty fronts along the Long Island Sound and consists of a tot(lllot area of 25,232-f- sq. ft. and lot width (frontage) of 8Heet along. Salt Marsh Lane, a private right- of-way. Existing at the site isa one-story frame dwelling with screened porch and accessory woodshed in the front yard area. Thepar<;el is divided near its center point with the Coastal Erosion Hazard Line, where the dwelling structure presently exists. The dwelling side yardS are shown to be 7.6 feet on the west side and 12+- feet on the east side, for a combined total of 19.6+- feet. Also located on the property are steps leading to the bottom of the bluff, and in the southerly front yard area a 8.2' x 10.2' accessory wood shed. BASIS OF APPLICATION: Building Inspector Notice of Disapprov~1 dated Janu~ry 21,1999 citing Article XXIV, Section 100-244B for the reason that the permit for "relocation of an existing single family dwelling" is diSapP[ovedbecause the. required side yard for lots with 0.58 acre would be 15' minimum with a total combined side yard of 35 ft. AREA VARIANCE RELIEF REOUESTED: Applicants request a variance which will allow relocating the existing single-family dwelling l<;lndw(lrdofits present location, approximately 20 feet south of the Coastal Erosion Hazard Line, while maintaining the same nonconforming side yards 7.6+- feet westerly side setback and 12 feet easterly side setback. The dwelling will also be located further south of the top of the bluff line than currently exists. OTHER: The Suffolk County Health Department has issued a permit with respect to a new sanitary system as noted underH.5.No. Rl0-98-142 dated January 20,1999. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because relocating the dwelling will aid in preventing damage to the bluff and adjacent bluff-facing properties. 2. The benefit sought by the applicant cannot be achieved by some methodl feasible for applicant to pursue, other than an an~a variance because the house remains the same and is not being reconstructed or redesigned. 3. The requested area variance is.notsubstantial because there is no increase in the present degree of nonconformity. Page 2 ~ May 5, 1999 ZBA Appl, {\l0.4675 - Hughes & Hulme Parcel.l000--6Sc 3"3 4. No evidence has been submitted or suggested that the grant of the variance would have an adverse effect or impact on the phySical or ehvironmentalconditions in the neighborhood or district. The dwelling is being relocated further south. of the existing top of the bluff and south of the Coastal Zone Hazard Line. 5. The alleged difficulty is related to the topography and changes in soil conditions and therefore is not self-created. . In. considering this application, the Board deems the grant of a variance to relocate .the same single-family dwelling structure as requested to be the. minimum pecessary ,and adequate, whil) preserving and . protecting the character of the neighborhood,andthe health,safety, welfi:lre of the community. RESOLUTION/ACTION: OnmotionbyMember DiniziO, seconded by Chairman Goehringer; it was L_~ AP:eEALS BOARD MEMBERS Southald Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 LoraS. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAYS, 1999 Appl. No. 4636 - PATRICK MORTIMER PARCEL 1000-81-1-8 STREET & LOCALITY: 3895 Paradise. Point ROad, Southold DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the northerly side of Paradise Point ROad, Southold. The May 22, 1998 survey map shows that the 'subject premises contains a tota.l area of approximately 25,000 sq. ft. and is improved with the following buildings: (1) one-story Single-family dwelling 37.5 feet from Robinson Road. at its closest point; (2) 16' by 32' inground swimmingpool with wood deck, all shown at 20 feet from the westerly side property line; (3) 10' by 12' (approx.) accessory shed "as built" north of the existing swimming pool, and (4) to the north of all buildings, a brick patio and wooden bulkhead. BASIS OF APPEAL: The Building Inspector's July 23, 1998 Notice of Disapproval, under Article XXIII, Section 100-239.4B which states. that all buildings located on lots upon which a bulkhead exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. AREA VARIANCE RELIEF REOUESTED: By survey amended February 2, 1999, prepared by Anthony W. Lewandowski, applicant is requesting a variance for a portion of a proposed new deck addition at 52.8+- feet from the bulkhead at its closest point. (The accessory shed "as built," which was the subject of a denial by the Board on 9-30-1998, is to be removed and therefore a variance is not being requested for a location within 75 feet of the bu.lkhead.) No other variances are requested. REASONS FOR BOARD ACTION. DESCRIBED BELOW: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck is not a fully enclosed addition and is open to the sky. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot is small. 3. The relief as requested in this application is not substantial. Only a small portion of the deck at the northeast corner will need a variance, representing approximately 32 square feet of building area. 4. No factors are present to suggest that grant of the relief set forth below will have an adverse effect or . impact on the physical or environmental conditions in the neighborhood or district. Page 2 - May 5, 1999 Appl.No. .4636 -Po Mortimer . SoutholdTown Board of Appeals 5. Grant of the relief set forth below is the. minimum necessary and adequate to enable applicant to construct a deck on his property while preserving and protecting the character of the neighborhood, and the health, safety, welfare of thecol1lmunity. RESOLUTION/ACnON: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance (ls applied for,SUB.JECT to the CONDmON that the deck shall remain unroofed and "open to the sky." VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TO , COLLINS. NAY: MEMBER DINIZIO. (Member Hor . ishers. sian bsent-excused.) This Resolution was duly adopted (3-1). l~_c____,__ -----~---,~. APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora SoutholcJ, New York 11971 Lora S. Collins ZBAFax(516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS and DETERMINATION MEETING OF MAY 5,1999 App!. No. 4590 - Jq~ &JAC~IE~OGEf<5 pARCEL 1000- 31-8-4 STREET & LOCALITY: 9220 Main Road, East Marion DATE OF PUBLIC HEARING: Apri122,)999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a torner lot with frontage of 122;92 feet' along the south side of the Main Road and .146 feet along the \^,lest side of Bay Avenue, I;ast Marion. The lot consists of 17,200+- sq. ft. and is improved with a Single-family 2-1/2 story frame dwelling situated 4+~ feet from the easterly front property line along Bay Avenue and approximately 52 feet from the front line along the Main Road. BASIS OF APPEAL: March 2, .1999 Notice of Disapproval which reads as follows: "...Under Article XXIV, Section 100-244B, Nonconforming Lots. Lots with areas less than 20,000 sq. ft. shall have a minimum rear yard of thirty-five (35) feet. AREA VARIANCE RELIEF REOUESTED BY APPLICANT: Applicant-contractor has submitted a sketch, made from a copy of the May 20, 1991 survey map, indicating a proposed 17 ft. x 18 ft. addition at the southwesterly side of the dwelling, with a proposed setback at 23+- feet from the rear property line. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the property has two front yards and a limited remaining rear yard as a corner lot. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot has two front yards and limited yard area which is defined by the Code to be the only rear yard. (3) The requested area variance is not substantial, and substantially conforms to the code requirements for a setback of principal structures if the lot were not defined as a corner lot with two front yards. (4) The difficulty has, in part, been self-created relating to the applicants desire to build an addition, and otherwise is due to the location of the lot on a comer (two streets). " . . Page 2. - Appl. No. 4590 (J. Rogers).. 1000-31-8-4 (5) The proposed variance will not have an adverse effect or impact on the physical or environmental conditionsin the neighborhood or district. In considering this application, the Board deems the grant of an addition at the westerly rear yard to. be the minim~mf1~essary and adequ"terwhile preserving and protecting the character of the neighborhood,,,ncl~hehealth, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer , it was RESOLVED, to GRANT the variance. as apoli.ed for. VOTE OF THE I3C)ARD: AYES: MEMBERS GOEHRINGER, DINIZIO,TORTOAA,COLLINS. This Re~lution was duly adopted (4-0). (Member Horning of Fishers Island was absent- excused.) /? APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516)765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS.DELl6ERA TIONSAI'fD. DETERMINATION MEETING OFMAY5i1999 Appl. No. 4680 - RAYMOND AND BARBARA TERRY STREET & LOCALITY: 610 Jockey Creek Qrive, Southold1000-70-5-1t DATE OF PUBLIC HEARING: April 22, 1999 and May 5,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: T~e~pplicants'prop.erty is a waterfront parcel consisting of approximately 18.150sqAt. total lot area, with 110 feet along Jockey Creek. Drive and average depth of 165+-feet. Applicants have submitted a survey dated August 23, 1972 showing that this lot is improved with a single-family dwelling with attached garage and porch located approximately 43 feetfromthefront property line and 18+- feet at its shortest side yard (east side) and at 75+- feet from the bulkhead. BASIS OF APPLICATION: Building Inspector's February 23. 1999 Notice of Disapproval citing . Article XXIII, .Section 100-239.4B for the reason that construction shall be set back 75 feet from a bulkhead. AREA VARIANCE RELIEF REQUESTED: The applicants are proposing to construct a wood deck having dimensions at 36 wide by 20 feet, plus a 10' by 6' side extension, all located at 62+- feet from the bulkhead. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Zoning Board of Appeals held a public hearing on this matter on April 22. 1999, at which time written and oral testimony was presented. Based on the testimony, documentation and other evidence. the Zoning Board determined the following findings of fact to be true and relevant: 1. Grant of a setback variance to allow for construction of a 20 ft. by 36 ft. deck addition, to be located 62 feet at its closest point from the bulkhead, will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The deck addition is similar in size and location to other decks enjoyed by nearby residents, and only encroaches 13 feet within the 75-foot buffer zone. 2. The benefit sought by the applicant cannot be achieved by some method. feasible for applicant to pursue, other than an area variance because the property is small and narrow (approximately 166 ft. by 110ft.) and there is no other practical location on the property to build a deck. 3. The requested area variance is not substantial and represents a 13-foot decrease in the code required 75 ft. setback. 4. The difficulty has not been self-created and is due to the small size and narrow shape of the lot. ----..,... .. Page 2 .< May 5, .1999 ZBA AppL No, 4680 - R. Terry Re: R. Terry(1000-70-5-11) . 5. The proposed variance will not have an aqverse. effect or impact on the physiyal or environmental conditions in the neighborhood or district be.cause the deck addition will be set back 62 feet from. the bulkhead to provide ample prc;>tectionof the wetland area. In considering this application. the. Board. deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit ofa new deck while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED. to GRANT the variance. as applied for SUBJECT TO THE FOllOWING CONDITIONS: 1. The deck shall remain unroofed and "open to the sky." 2. . There shall be no further extension oHhe structure toward the bulkhead. VOTE OF THE BOARD: Ayes: Goehringer,. Dinizio, Tortora. Nay: Member Collins. This ResolUtion was duly ADOPTED (3-1). (Merrber fforn:irg of FistErsIsJBndwas alJsent-eXClJ5ed.) GERARD P. GOEHRIN For Filing on 5/6/99 , APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman .53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS .AND DETERMINATION MEETING OF MAY 5, 1999 App!. No. 4684'" P. THATCHER/S. TULLY PARCEL 1000-22-3-11 STREET & LOCALITY: 284QStars Road, East Marion DATE OF PUBLIC HEARING: April 22, 1999 RNDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property consists of 12.3268 acres, with access off the east side of Stars Road (approximately 2850 feet north of its intersection with Main Road). The property has variable dimensions: 1575 ft. in length at the easterly property line, 460+- ft. along the tie line along high water mark and 150+- feet minil11umfrontagealong Stars Road at the southwesterly section of the property. The parcel is improved with a single-family dwelling. The setback of the dwelling is shown to be 101 feet from the top of the bluff of the Long Island Sound at the northeast corner and at 110 feet at the northwest corner, shown on the March 19, 1999 survey prePQred by Peconic Surveyors, P.c. BASIS OF APPEAL: Notice of DIsapproval dated March 12, 1999 regarding. a proposed addition which will be located. at less than 100feeUrom the top ofthe Long Island Sound bluff, citing Article XXIII, Section 100-239.4A(1), which requires a setback of 100 feet. RELIEF REOUESTED: Applicant, who is contract vendee, is requesting a variance with respect to a proposed addition, extenl;liog 20 feet from the north side of the dwelling, leaving an 80+- ft. setback to the top of the bluff. REASONS FOR BOARD ACITON, DESCRIBED BELOW: On the. basis. of testimony presented and personal inspection, the Board makes the following findings: (1) The house which applicant wishes to expand, which has never been o<:cupied, is constructed to face inward onto a courtyard. The only view of Long Island Sound is from windows in a corridor conneCtlnglwo sections of the house... Short of rebuilding the house, an addition such as that proposed by the applicant appears to be the only feasible way to provide a view of the Sound from' living areas. (2) (he proposed 20-footaddition is a relatively modest solution to the architectural problem and leaves a setback of 80 feet from the top of the bluff. (3) Grant ofthe requested variance will not produce an undesirable change in the character of the neighborhqocJ?r detriment to nearby properties because the proposed addition will not change the character of the house and because the house is well screened from neighbors. -----------" ----.'" >_."~._.._--~~"~_.._~-,-- Page 2 - May 5, 1999 .. R~: 1000-22-~-11 (Tully) ~utholdTown Board of Appeals (4) Reports from the County Soil and Water Conservation District and from John Raynor, a professional engineer retained by applicant, state that the bluff face is stable and well vegetated. However, both reports note that the path running from the easterly edge of the property down to the beach has been significantly eroded by storm-water runoff. Both reports also\state.thatrunoff from the proposed addition should not be permitted to flow toward the bluff. (5) The Board will place conditions on the variance with the intent of preventing adverse effects on physical or environmental conditions. (6) Th~grantof the requested variance, subject to the conditions set forth belQw, is. the minimum action necessary and adequate to enable applicant to enjoy a view of the Sound from his housewhilepr~Servingandprotecting the character. of the neighborhood and the health, safety, and. welfare of the community. RESOLlJTION/ACTION:On motion by Member Collins, seconded by MemberOinizio,it was RESOLVED, to GRANT the application, as applied . for, SUBJECT. TO THE FOLLOWING ~, I CONDITIONS: 1. All runoff shall be confinedto this site, and applicant shall take steps necessary tQprevent storm-water runoff from reaching the path to the beach, and shall restore the path in the manner recommended by John Raynor, P.E. (as agreed). 2. The hoUse. shall be equipped with. gutters and leaders adequate tocolIec:t all. north-flowing storm runoff and to recharge such runoff into a location well away from:thehluff. 3. There 51)all be no (substantial) disturbance to the natural vegetation at the top ofthepluff. 4.. No heavy equipment (for example, larger than a backhoe) shall be used in constructing between theadditiol1 tothe existing house and theHp of the bluff. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA,CQLUNS. (Member Horning of Fishers Island was absent-excused.) This Resoluti duly adopted (4-0). GERA P. GOEHRINGER CHAIRMAN For Fjlingi 5/7/99 lOOO~22- 3-11 .... ~.,_._.. ..,._-...... ..,......,.... ... ..Ii.. ..... ..'. ._.. .'.'......... ...................... ... , '" APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,. DELIBERATIONS AND DETERMINATION MEETING OF MAY 5. 1999 Appl. No. 4682 - PETER AND MARILYN WINTERS STREET & LOCALITY: 505 Custer Avenue. Southold 1000-70.8-24 DATE OF PUBLIC HEARING: April 22. 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a total. lot area of 21,238 sq. ft. and is referred to as Lot 5 on the Map of Fairview Park. Section One. This parcel has a frontage along the north side of Guster Avenue of 115 ft. and average depth of 185+- feet. Existing is a one-story, one.familyframe dwelling with attached garage situated 50 feet from the front (south) property line. An in-ground sWimming pool exists in the rear yard area, the southerly portion of which is the subject of this variance application. The pool is situated 10 feet from the west side property line and approximately 19 feet from the rear wall of the existing garage. For information purposes, a deck addition was authorized under Building Permit No. 16029Z at the rear of the dwelling. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated December 29, 1998 citing Article lilA, Section 100-30A.4 for the reason that the swimming pool is located in the side yard area. (It is noted that a portion of the southerly end of the pool is in the side yard area, and the remaining portion is located in the required rear yard.) AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance for the location of a 18 ft. by 36 ft. in-ground swimming pool "as built" in a rear yard location. The southerly portion of this pool is the subject of this variance application due to its side yard location. The pool is shown on applicants' sketch to be situated 10 feet from the west side property line and approximately 19 feet from the rear wall of the existing garage. and 50+- feet from the rear property line. REASONS FOR BOARD ACTION. DESCRIBED BELOW: After consideration of the entire record. testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. Only a very small portion of the pool is located in the side yard, and the major portion of the pool in a rear yard location. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 3. The requested area variance is not substantial, representing less than 15% (part the entire pool --,.,-~ ~._~_."---'----- Page 2 - May 5. 1999 ZBA Appl. No. 4682 - P. Winters - ~ 1000-70-8-24 area). 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the pool is behind the dwelling and gives the appearance of being entirely in the rear yard. 5. The alleged difficulty has been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new pool while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer. it was RESOLVED. to GRANT the variance. as applied for. VOTE OF THE BOARD: Ayes: Goehringer. Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers as ab t"e ,) * * ERARD P. GOEHRINGER CHAIR For Filing on 5/10/99 , ( ~'J APPEALS BOARD MEMBERS Southold Town Hall . Gerard P; Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S.Collins ZBA Fax (516)765-9064 George Horning Telephone (516) 765-1809 .- BOARD OF APPEALS TOWN ()F SOUTHOLD FINDINGS, DELIBERA110NS AND DETERMINATION MEETING OF MAY 5,1999 App!. No. 4668- SOUTHAMPTON LUMBER CORP. 1000-114-11-24.3 STREET & LOCALITY: 13650 Main Road, Mattituck DATEOFPUBUC HEfARING: Mprch 25, 1999 and April 22, 1999 FINDINGS OF FACT 1. BASIS OF APPEAL: . The applicant, Southampton. Lumber Corporation, applied to the Building Depan:ment on December 16, 1998 for a new Certificate of Occupancy, as an "update" to a 1993 Certificate of Occupancy No. 12023 to allow a lumber yard and wood-working business. The Building Department on,January13, 999 issued a Notice of Disapproval under Article XXIV, Section 100-242G to re-institutce lumber yard use in this Hamlet Business (HB) Zone. An:icle XXIV, Section 100-241G of the Southold Town Zoning Code states: Except as provided. hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: G. Wherever a nonconformingu5e of a building or premises has been discontinued for <;lperiod of more than two (2) years or has been changed to a higher claSSification or to a conforming use, anything in. this Article to the contrary notvfithstanding, the nonconforming use of such bUilding or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." REQUEST MADE BY APPUCANT:$9uthampton Lumber Corp. requests permission to re-establish a lumber yard andwooqworking business at 13650 Main Road in the Hamlet of Mattituck, NY, by way of a determinatiqn from the Board of Appeals reversing the Building Inspector's Notice of Disapproval dated 1/13/99 for an 'updated' Certificate of Occupancy. PROPERTY FACfS/DESCRIPTION: The applicant's property is located along the south side of the Main Road (a/kla State Route 25) in Mattituck in the central business district of Mattituck. Until 1989, the applicant's property was zoned C-Light Industrial. In 1989, the Town of Southold adopted. new zoning regulations and zoning maps, and the property was rezoned Hamlet Business. ----_..~-- ~-~-"-." ".~.. .....lu.." , "Page 2 - May 5, 1999 Re: lOOO~114-1l.24.3 , lBA Appl. #4568 - Southampton Lumber Corp. The property is improved with buildings and structures as more particulany shown on the November 30, 1998 sUlVey prepared by Joseph A. Ingegno. REASONS FOR BOARD ACTION. DESCRIBED BEIDW: The Zoning Board held a public hearing on this matter on March 25, 1999 and April 22, 1999, at whieh time written and oral evidence were presented. After carefully reviewing all of the testimony, documentation, as well as personal observations of Members of the Board and other evidence, the Bo"ed of Appeals finds the Joliowing facts to be true and rete""nt: L Since prior to zoning in 1957 and until 1983, Reeve Lumber and Woodworking Company operated a lumber yard and wqodworking. business at the site, . The property was zoned C-Ught Industriai, and lumberyards were permitted uses in that zoning district. 2. On October 29,1983, a Certificate of Occupancy No. Z12023 was issued to Reeve Lumber & Woodworking Co., stating th"t the buildings existed prior to April 23, 1957 "nd that it "substantially confodned' for a "lumber and woodworking business. n 3. On. November 18, 1983 Reeve Lumber and. Woodworking Co. sold its business to Southampton Lumber Corp., which owned and operated several y"rds in South"mpton, East H"mpton "nd Moriches. 4. In 1989, the Town updated its zoning regul"tions "nd maps. The applicant's property w"s rezoned from C-Ught Industrial to HB Hamlet Business. The lumber yard use continued as " pre- existing nonconforming use until 1993. The woodworking business was a permitted use in the C- Ught Industrial District "nd continued to be a conforming permitted use subsequent to the 1989 rezoning "nd to this d"te. 5. From 1983 until 1993, South"mpton Lumber Corp. operilted the Mattituck business prim"rily as " lumber yclrd. In 1993. the Company went out of business, .closedits doors. to the public, IIquicl<lted most of its assets,,,nd subsequently sold the lumber yards in Moriches, South"mpton "nd Eelst Hampton, . "n "ccording to testimony of the appliCant's attomey. Applicant's attomey further testified that the comp"ny is owned by.200 shareholders th"t, when f"ceel with the effect of "(he receSSion and some competitive disadvanlEges," managementknowingiy chose to preselVe sh"reholder Villues by essenti"liy going out of business rather th<ln "continue it as a going business. " 6. SirlCe 1993, the "pplicant, through its attorney, stated tI1at it ce<lsed its oper"tion "s " lumber y"rd, and offered the property for sale with tI1e same use, oper"ting "S " c"rpentry workshOp for woodworking. It is the position of the "oolicant that for tI1ese reasons it believes tI1e lumber y"rd use "continued.1I 7. The Board finds that lumber yard use andwocxlworking use were two separate business uses, one being conforming (woodworking), "nd tI1e other use which hils been dlscontlnued since 1993 "S non-oonformlng (lumber yard). -~"_",~=,,'-'.'.---" - - --,..- _..-..~ ~cc~c~'c~'_,-c._...c~.". ,_"."..__^~,..,~,,=c__ ----~'------..-- -'-.-.- , Page 3 - MaV 5, 1999 Re: 1000-11+11-24.3 , ZBA AppJ. #4668 w Soutl1ari1ptorl Lumber Corp. 8. The Cod<:, doesnot~eli8e ,,;"Iumber yard," perse.However, a. 'craftsmen's Workshop" is a permitted use in the Hamlet-(lusiness ZOne District under Section 10o-91A(11). A luml)er yard is a permitted use in lhe Ught-Irldustnal(U)ZOIl<:' Distnct,secbon lOO-141A(3) and (4) under "whoiesale busin~es,warehouseandbuilding matenal ~torage and. sale," and upuilding businesses or yards," A lumber yard is not permitted in the Hamlet-Business Zone, District. 9. Affidavits and testimony were received to show that the property after 1993 didC()ntinue for certain wbOdworkin~ actiyilies, ",hile the propertyV;,asU~edionthemarket. ThisiW9odw()rRimg uSe is not inconsistent..itITtheHall)i~t>B!JsinesS2:oneDistrict and is not nonconforming. The record does not indud<:,evj~enceor information to shew that the other unonconforming" use as a lumber yard existed after 1993. 10. It is known that abandonment occurs when there has been a complete cessation of the nonconforming use. . The record shows that the lumber yard did completely cease to operate in 1993 and baS not operated sincetflat time. 11. The applicant, Southampton Lumber Corp. and the applicant's attorney, admitted in its application that thecerporation voiuntarily ceased its lumber opera\ions at this site dunng 1993 and that nO other lumber business was at the site since 1993. 12. Supplementing the applicants' testimony, it is the Board'spersonai knowiedge that the lumber yard operalions have been discontinued since 1993, and that nO other iumber business was at the Site since 1993. 13. . That the applicant continued to operate a carpentry workshop, with no iumber yard use since 1993. Wholesale fencing was made and was not soid from the premises or stored for sale to the public or for other purposes on tflis site. 14. Thattfle continued operation for woodworking, carpenby workshop is a permitted use in this Hamlet Business Zone District and therefore is confonning (rather than non~conforming). The BUilding Department co\lld Issue a certificate of Occupancy for a carpentry workshop, a wood- working business, which is a permitted use. Even a retail store is a use permitted in this Hamlet BuSiness Zone District under Section 100-91A(6). 15. That the Board decided only whether tfle preexisting use as a lumber yard use. had been completely abandoned or not. The Board did not treat this application as a use vanance, which is a remedy open to the applicant for a lumber yard use in the Hamlet Business ZOne District. 16. Based on the record and personal knowledge, the Board finds that: a) There were two uses existing pnor to 1993: a nonconforming lumberyard and a mnforming carpentry workshop (Wood-warRing business); --......- -"-c,..~."."..._......._- 'Page 4'- May 5,1999 Re: 1000-114-11-24.3 ZBA Appl. No. 4668 - Southampton Lumber Corp. , b) There was a zone change in 1989 whiCh does not permit a lumber yard in the Hamlet Business Zone District, and which ,does permit a carpentry workshop for wood-working activities. c) That it is undisputed that the nonconforming lumberyard discontinued its ,use and operations in 1993,andthat no other lumber business was presentsubsequentto 1993. ,.', ..... ....,.. ,.., '.,,', ..,',: " ' : .."..... ',",' ,"::' ".: ..:.... '. .0.......".., d) That thenonconfoffi)ing .use discontinued for a period of at least two year?, which is undisputed. ' , .0.. 'J e) That only one business continued. subsequent to 1993 and. that business wa$ a carpentry workshop forwood"working activities, a conforming use. f) That applicant is entitled to a Certificate of Occupancy for a carpentry workshop, wood- working business (without a lumber yard nonconforming use). 17. The applicaQts have not proven, as required by law in this record, that the.lumber yard operation, continued as a non-conforming use. RESOLUTION! ACTION: Now, therefore, on motion by Member Tortora, seconded by Member Collins,it was RESOLVED, to DENY the application as applied for. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA...COLLINS. (Absent was Member Horning of Fishers Island.) This RESOLUTION was duly A ED (4-0 . GERARD P. GOEHRI CHAIRMAN FOr Filing by 5/18/99 (""'-'1\\ \., )