HomeMy WebLinkAboutZBA-10/28/1987 SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GR[GONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWICK[
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHOLD, l.l., N.Y.
TELEPHONE (516) 765-1809
M I N U T E S
SPECIAL MEETING
WEDNESDAY, OCTOBER 28,
1987
A Special Meeting of the Southold Town Board of Appeals
was held on WEDNESDAY, OCTOBER 28, 1987 commencing at 7:08
o'clock p.m. in the Ass~mbly?Robm at the Southold Town Hall,
Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Serge
Doyen; Charles Grigonis, Robert J. Douglass and Joseph H.
Sawicki, constituting all five members of the Board of
Appeals. Also present were: Victor Lessard, Building-
Department Administrator, and Linda Kowalski, Z.B.A. Secretary.
The Chairman opened the meeting at 7:08 p.m. and proceeded
with the first item on the agenda, as follows:
DELIBERATIONS/DECISION: Appl. No. 3628:
Application of GEORGE AND JANE KAYTIS for Variances to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of
insufficient area of two proposed parcels, Lot #1 of 40,000 sq. ft.
and Lot #2 of 1.443 acres, and insufficient frontage of Lot #2 along
Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-81-03-15.4
(or 12).
The Board began deliberations and then took the following action:
WHEREAS, a public hearing was held and concluded on
1987 in the Matter of the Application of GEORGE AND JANE
Appl. No. 3628; and
September 10,
KAYTIS under
Southold Town Board of Appeals -2- October 28, 1987 Special Meeting
(Appl. No. 3628 - KAYTIS decision, continued:)
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a described parcel
containing a total area of 2.361 acres with frontage of 244.02
feet along the east side of Paradise Point Road and 50.03 feet
along the south side of Robinson Road at "Paradise Point,"
Southold.
2. The subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 081, Block 3, Lot
15.4 (previously 12) and is presently vacant.
3. By this application, appellant requests area variances:
(a) for proposed Lot #1 of 40,000 sq. ft. in area, and (b)
for proposed Lot #2 of 1.443 acres, as more particularly shown
on Map prepared by Roderick VanTuyl, P.C. August ll, 1986 and
revised January 22, 1987 (File #2241-2).
4. Upon information and belief, it is the understanding
of this Board that the immediate area, consisting of County
Tax Map District 1000, Section 81, Block 3, Lots 15.2, 15.1,
12, 15.3, 11, and 28, were owned by James Furman Neefus and
his wife, Minnie Neefus and consisted of approximately 10±
acres. After research, it was found that several conveyances
have been made by the Neefuses between February 1967 and
April 1976 as follows:
(a) County Tax Map Lot 28 (of 1.65± acres) was
conveyed on April 4, 1973 to George and Jane Kaytis;
(b) County Tax Map Lot ll (of 2.75± acres) was
conveyed to James F. Neefus, Jr. February 28, 1967;
Southold Town Board of Appeals -3- October 28, 1987 Special
(Appl. No. 3628 KAYTIS decision, continued:)
Meeting
(c) County Tax Map Lot 15.3 (of 2.9± acres) was
conveyed to James F. Neefus, Jr. February 3, 1976;
(d) County Tax Map Lots 15.2 and 12 (now 15.4)
of 2.361 acres was conveyed to the applicants herein on April 19,
1966 by single deed at Liber 5944 cp 97 (as well as the .45±
acre adjoining right-of-way to the south known as Lot No. 15.1
by deed at Liber 8011 cp 518 on April 1, 1976).
5. For the record, town approval was found only for
the set-off of Lot 28 in paragraph (a), supra, under Board
of Appeals action rendered February 15, 1973, Appl. No. 1724,
and Planning Board action of September 23, 1980. No other
approvals have been found in town records for the other
conveyances.
6. In viewing the immediate area, the Board finds that
all of the lots are of a size greater than that proposed by
this application, to wit, County Tax Map Lot No.: (a) ll of
2.75± acres, (b) 13 of 2.0± acres, (c) 14 of 1.5+ acres,
(d) 15.3 of 2.9± acres, (e) 15.2 of 3.4± acres~ (f) 28 of
1.65± acres, (g) 9 of 1.8+ acres.
7. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum lot area of 80,000 sq. ft., minimum lot
width of 175 feet, and minimum lot depth of 250 feet.
8. The amount of relief requested from the lot area
requirements is a total of 70± percent for both lots, and
50% of a variance or 40,000 sq. ft. as proposed for Lot #1,
and 21±% of a variance or 29,400 sq. ft. as proposed for
Lot #2.
9. It is the opinion of the Board that the percentage
of relief requested is substantial in relation to the require-
ments and the granting of the variances requested will not be
within the character of the lots in the immediate area.
10. In considering this application, the Board also finds
and determines that: (a) the difficulties claimed are not suffi-
cient to warrant a granting of the relief requested; (b) the
percentage of relief requested is substantial in relation to the
Southold Town Board of Appeals -4- October 28, 1987 Special Meeting
(Appl. No. 3628 KAYTIS decision, continued:)
requirements; (c) the difficulties claimed are self-created
and are not sufficient for the grant of this variance;
the lot as exists with a total acreage of 2.361 acres is only
,40± of an acre larger than the 80,000 sq. ft. requirement;
(e) the variance will in turn cause a substantial effect on
the safety, health, welfare, comfort, convenience and order
of the town; (f) in view of the manner in which the diffi-
cutlies arose, and in consideration of all the above factors,
the interests of justice will best be served by denying the
variance applied.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY the relief requested under Appl.
No. 3628 in the Matter of the Application of GEORGE AND JANE
KAYTIS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly
adopted.
DELIBERATIONS/DECISION: Appl. No. 3668:
Application of GERARD C. KEEGAN for a Variance to the Zoning Ordi-
nance, Article XI, Section lO0-119.1(A) for approval of construction of
fence in the easterly frontyard area at a height of six feet. Location
of Property: West Side of Founders Path and East Side of Hobart Road,
Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders
Estates Lot 39.
The Board deliberated and then took the following action:
WHEREAS, a public hearing was held and concluded on October 8,
1987 in the Matter of the Application of GERARD C. KEEGAN under
Appl. No. 3668; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application~ and
Southold Town Board of Appeals -5- October 28, 1987 Special Meeting
(Appl. No. 3668 - KEEGAN decision, continued:)
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application requesting a Variance from the
Provisions of Article XI, Section 100-119.1 of the Zoning Code
for approval of the construction of a 46-ft. long fence set back
approximately 3½ feet (at the westerly corner) and six feet (at
the easterly corner of the fence) and at a height of six feet.
The sketch submitted with the application shows the fence totally
in the frontyard area, however, the sketch appears incorrect since
the fence at the westerly end of the fence is located partly in
the sideyard area (near the deck). The portion of the fence which
is within this Board's jurisdiction is that portion within the
frontyard area which exceeds four feet in height.
2. The premises in question fronts along two streets, namely:
Hobart Road and Founders Path in the Hamlet of Southold, Town of
Southold, and is more particularly known and identified as Lot #39,
Map of Founders Path and Suffolk County Tax Map District 1000,
Section 64, Block 4, Lot 10.
3. The subject premises contains a total area of .32± of an
acre and is improved with one single-family, one-story dwelling
structure as shown on copy of survey prepared by Sealand Surveying
& Engineering, P.C. July 18, 1986.
4. Article XI, Section lO0-119.1 permits fences, walls,
hedges, or other live plantings within five feet of the property
lines and:
...A. When located in the frontyard along the front
yard property line ...not (to) exceed ...four feet
in height...
5. By application for a Building Permit filed July 23,
1987, the applicant requested permission to place the subject
fence (46' in length at a height of six feet) to be placed
approximately two feet from the northerly property line. The
Building Inspector granted a Permit under this application
Southold Town Board of Appeals -6- October 28, 1987 Special Meeting
(Appl. No. 3668 - KEEGAN decision, continued:)
July 27, 1987 under Permit No. 16277Z with the understanding
that the subject yard area was not a frontyard area. Subse-
quently, the fence was constructed and on August 25, 1987,
a Notice of Disapproval was issued by the Building Inspector
requiring this variance application due to the fact that the
subject premises has two front yards and unknown to the
Building Inspector at the time of issuance of the permit.
6. It is the opinion of this Board that the regulations
of the Town concerning limitations on fence heights along the
frontyard areas cannot be varied for the reasons stated in
the application. The percentage of relief requested is
substantial, being a variance of 35± percent of the height
requirement. There are no other fences in this yard area,
and the allowance of the fence at the excessive height
would not be within the character of the area and will be
a substantial change, creating other precedents to follow.
7. There are other methods feasible for appellant to
pursue either by replacing the fence'with a four-ft, high
fence in those areas protruding into the frontyard area and/or
relocating the subject fence along the sideyard areas
[lO0-119.1(B)].
8. In view of all the above factors, the interests
justice will be served by permitting a fence, as noted
below.
of
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the following relief in the Matter of
the Application of GERARD C. KEEGAN under Appl. No. 3668 and
with the following CONDITIONS:
1. That the fence height not exceed four feet in height
in the frontyard area (that area starting from the outer edge
of existing deck)~
2. That the fence height shall be permitted at 6½ feet
along the sideyard area as permitted by the Code regulations
(lO0-119.1B).
3. That the Building Permit application and permit records
be amended to reflect compliance with this decision.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -7- October 28,. 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3653:
Application of NORTH ROAD ASSOCIATES for a Variance pursuant to
New York Town Law, Section 280-a for approval of access over a
private right-of-way extending 170 feet from the north side of Main
Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2.
The Board commenced deliberations and took the following action:
WHEREAS, a public hearing was held on August 20, 1987 and further
recessed as requested until September 10, 1987 and October 8, 1987, at
which time the hearing was officially concluded in the Matter of the
Application of NORTH ROAD ASSOCIATES under Appl. No. 3653~ and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded~ and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application, and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Variance pursuant to the
Provisions of New York Town Law, Section 280-a for approval of
access over a 171.47 ft. long private right-of-way situated
along the north side of the Main Road (or State Route 25).
The extention of this right-of-way further north to the lots
proposed in this pending division of land is not a part of
this application since same is within the purview of the
Planning Board under the Subdivision Regulations and being
within the perimeter of the entire premises. The portion
of the right-of-way under this Board's jurisdiction is out-
side the perimeter of the owner's subdivision.
2. For the record it is noted that there is an application
presently pending before the Town Planning Board for an approval
of four parcels, as a cluster development, for Steven Sanders
and others as well as approval of access. Comments have been
received from the Town Planning Board and considered by this
Board indicating that a road width of 22 feet is proposed
for the section of the subject right-of-way north of this
171± feet, and that a specific evaluation by the engineer
is not available at this time for the Planning Board's
consideration.
3. The premises to which applicant is requesting approval
of access is presently unimproved and contains a total acreage
of 16.886 acres, identified on the Suffolk County Tax Maps as
Southold Town Board of Appeals -8- October 28, 1987 Special Meeting
(Appl. No. 3653 NORTH ROAD ASSOCIATES decision, continued:)
District 1000, Section 18, Block 4, Lot 1 (or 1.3).
4. The subject right-of-way and entire premises is more
particularly shown on the survey map amended January 8, 1987
by Roderick VanTuyl, P.C. (#8284-6), and shows the proposed
subdivision into four lots as follow: (a) Lot #1 of 56,000
sq. ft., (b) Lot #2 of 56,000 sq. ft.; (c) Lot #3 of 40,000
sq. ft. and (d) Lot #4 of 10.02 acres. The open-space
area to be reserved is shown to contain not less than 3.377
acres.
5. Submitted for the record are recommendations by
the Board and a recommendation by the applicant's private
contractor concerning improvements within this right-of-way.
6. It is the position of the Board members that the
improvements as noted below are necessary for safe and
sufficient access by emergency and other vehicles under the
requirements of New York Town Law, Section 280-a. It is
also the opinion of the Board that improvements are necessary
to aid in the prevention of water runoff onto neighborhoring
lands and onto the right-of-way.
7. In granting this conditional 280-a approval, the
Board finds: (a) the relief requested is the minimal
necessary and is not substantial in relation to the require-
ments of the law; (b) there will be no substantial change
in the character of this district; (c) the relief as
conditionally granted will not cause a substantial effect
or detriment to adjoining properties; (d) the circumstances
of this appeal are unique and there is no other method feasible
for appellant to pursue other than a variance, (e) in view of
the manner in which the difficulty arose, justice will be
served by allowing the variance, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT approval of
York Town Law, Section 280-a in the
of NORTH ROAD ASSOCIATES under Appl.
FOLLOWING CONDITIONS:
access pursuant to New
Matter of the Application
No. 3653, SUBJECT TO THE
1. Concrete curb shall be constructed and maintained for
a minimum length of 186 feet (including 15 feet north of the
Southold Town Board of Appeals -9- October 28, 1987 Special Meeting
(Appl. No. 3653 NORTH ROAD ASSOCIATES decision, continued:)
first 171 feet) along the west side of right-of-way and tapered
to the east;
2. That a berm be recommended to the Town
for placement along the remaining westerly side
further north;
Planning Board
of right-of-way
3. That the 25-ft. width of the entire 171.47 ft. right-of-way:
(a) be cut to a depth of 12 inches backfilled with
bank run with a minimum 20% content of gravel to a depth of 8"
(12" deep will allow drainage);
sandy
(b) Cover bankrun with 4 inches of compressed 3/4" stone
blend;
(c) Blacktop 2" thick on this base. be black-topped
of 25 feet starting from the State shoulder and the full
length (171.5± feet minimum);
the
4. That a berm at a height of three or more feet be
placed along the northerly line of the subject parcel (shown
of J. Droskoski identified as 1000-18-4-2) and over lands
of the applicant (identified as 1000-18-4-1) along the
southerly side;
5. That a minimum 50' by 100' sump at a depth of between
six and eight feet (or greater if desired) be placed at the
southwest section of proposed Lot #4 with drains and pipe
connected to the right-of-way, and in accordance with Town
specifications; and the construction of one water culvert on sump
perimeter;
6. That a six-ft, high fence be erected around the sump
with a locked access gate for safety purposes;
7. Existing cesspool
and as agreed by the owner
and the developer/owner of
of the developer;
to be relocated off the right-of-way
of Parcel #1000-18-4-2 (Droskoski)
the subject lands, at the expense
8. Sump shall be kept clean of overgrowth, silt and other
similar materials and maintained at all times;
9. All stormwater to be retained on site (outside of the
right-of-way).
10. All trees and bushes within 25-ft. width of right-of-
way to be removed;
ll. Roadway to be cut from edge of State Road property
north at a maximum of 8 degrees to a point behind hedge on
full
widt
Southold Town Board of Appeals -10-October 28, 1987 Special Meeting
(Appl. No. 3653 - NORTH ROAD ASSOCIATES decision, continued:)
the neighboring property. At this point, reverse cut to create
an area in the development roadway that will collect the water
and guide it into the sump on the east side of the roadway
behind the hedge of Bondarchuk's.
12. No work to be started until a State Road cut approval has
been obtained.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -ll- October 28, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3664:
Application of ANA G. STILLO for a Variance to rescind prior decision
rendered under Appeal No. 3562 on December ll, 1986 for a conditional
approval under New York Town Law, Section 280-a, and deleting Condition
No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987,
and as an alternative being subject to New York Town Law, Section 280-a
over the existing right-of-way approximately 100 feet to the east of
the subject right-of-way (approved or to be approved and accepted by
the Planning Board for this set-off division of land), located along
the north side of Main Road, Orient, NY; County Tax Map District 1000,
Section 14, Block 2, Lot 26 and Lot 12.2.
The Board commenced deliberations and took the following action:
WHEREAS, a public hearing was held and concluded on October 8,
1987 in the Matter of the Application of ANA G. STILLO under Appl.
No. 3664; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
I. The premises in question is a described parcel of land
containing a total area of 3.2 acres which extends at the
northerly end of a private 20~ right-of-way 300.43 from the
northerly side of the Main Road, Orient, Town of Southold,
and is more particularly designated on the Suffolk County Tax
Maps as District 1000, Section 014, Block 2, Lot 26.
2. By this application, applicant requests permission to
rescind Condition No. 2 rendered under the area variances
granted April 2, 1987 under Appl. No. 3619, and to rescind
the conditions under the access variances granted December ll,
1986 under Appl. No. 3562.
3. As an alternative to the above conditions, the applicant
Southold Town Board of Appeals -12- October 28,
(Appl. No. 3664 - STIL[O decision, continued:)
1987 Special
Meeting
will proceed with the Planning Board for approval under New York
Town.Law, Section 280-a, over a nearby right-of-way situated
approximately 100 feet of the previous right-of-way. The
alternative right-of-way appears to have been under the purview
of the Planning Board in other minor subdivision projects.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested in the Matter of
ANA G. STILLO under Appl. No. 3664, SUBJECT TO THE FOLLOWING
CONDITION:
Acceptance and approval by the Planning Board under New
York Town Law, Section 280-a, as agreed, for this two-lot
set-off/division of land in lieu of the above-mentioned
Board of Appeals Conditions.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -13- October 28, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3670:
Application of ~OBERT H. FREY for Variances to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to
locate open-deck construction with an insufficient setback
from existing bulkhead at Harbor Lights Estates, Section I,
Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08.
The Board commenced deliberations and took the following
action:
WHEREAS, a public hearing was held and concluded on October
1987 in the Matter of the Application of ROBERT H. FREY under
Appl. No. 3670; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant requests permission to
construct an open-d~ck addition along the westerly and northerly
ends of the ex~sting single-family dwelling with a setback
proposed from the existing bulkhead (at the west side) of
35 feet at its closest point and from the rear property line
at 27 feet at its closest point, all as more particularly
shown on sketched map submitted with this application.
2. The premises in question is known and identified as
Lot No. 10, Map of Harbor Lights Estates, Section I, is more
particularly identified on the Suffolk County Tax Maps as
District 1000, Section 79, Block 04, Lot 08, and fronts along
the west side of Windjammer Drive, Southold, New York.
Southold Town Board of Appeals-14- October 28, 1987 Special Meeting
(Appl. No. 3670 - ROBERT H,. FREY, decision, continued:)
3. The subject premises is improved with one single-
family dwelling (Building Permit #15639Z issued 1/23/87
replacing #13514Z issued 11/1/84) with a setback of 40.5
feet from the rear property line and setback of 50 feet
from the bulkhead (at its closest point). It appears that
construction started during early 1985, prior to the
enactment of Article XI, Section 100-119.2(B) for the
dwelling.
4. Article XI, Section lO0-119.2(B) requires all build-
ings and structures located on lots adjacent to tidal water
bodies other than the Long Island Sound to be set back not
less than seventy-five (75) feet from the ordinary highwater
mark of such tidal water body, or not less than seventy-five
(75) feet from the landward edge of the tidal wetland, which-
ever is the greater, distance.
5. Also existing seaward of the existing dwelling is
a substantial man-made bulkhead in good condition and
greater than 100 ft. in length constructed prior to
September 20, 1977.
6. It is the opinion of the Board that the relief
requested for a 15' deck extension is substantial in
relation to the requirement and in relation to the existing
nonconforming setback, and that the alternative relief,
noted below, would be more feasible and within the keeping
of the ordinance.
7. In making this determination, the Board also finds:
(a) the setbacks of dwelling existing in the immediate area
are similar or closer than that proposed by this application;
(b) the circumstances of the property are unique; (c) the
alternative relief granted will not be adverse to the safety,
health, welfare, comfort, convenience, or order of neighboring
properties or of the town; (d) there will not be an increase
in population density thus created by this variance; (e)
there is no other method feasible for appellants to pursue
other than a variance; (~) that in view of all the above
factors, the interests of justice will best be served by
granting the alternative relief, as noted below.
Southold Town Board of Appeals -15- October 28, 1987 Special Meeting
(Appl. No. 3670 - FREY decision, continued:)
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT alternative relief in the Matter of
the Application of ROBERT H. FREY under Appl. No. 3670 allow-
ing the construction of a eight-foot open-deck construction,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The eight-foot deck remain parallel with the
rear (water-side) line of the house as exists;
2. That the deck construction not be closer than 40
feet from the outer edge of existing bulkhead (at the most
northwest section of the house);
3. That the deck construction not be closer than
12 feet from the northeast side property line~
4. That it should be understood that in the event
the existing tree at the northwest section interferes with
the proposed deck construction, that the deck construction
must be altered to wrap inward of the tree rather than
around the tree (in order to comply with the setback
requirement).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Douglass and Sawicki. This resolution was duly
adopted.
Southold Town Board of Appeals -16- October 28, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3663:
Application of MARIO CASTELLI for a Variance to the Zoning
Ordinance, Article III, Section 100-30 for approval of sign as
exists of excessive size in this "A-40" Residential and Agricul-
tural Zoning District and advertising "Landscaping & Sprinklers
by Forever Green." Location of Property: South Side of North
Road (C.R. 48), Peconic, NY~ County Tax Map Parcel No. 1000-69-4-
1.3
~he Board commenced deliberations and rendered the following
determination:
WHEREAS, a public
1987 in the Matter of
Application No. 3663;
hearing was held and concluded on
the Application of MARIO CASTELLI
and
October 8,
under
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Variance from the
Provisions of Article III, Section 100-30, Subsections A-
(2)[a](2) and/or Subsections C(6), of the Zoning Code for
approval of the construction of a sign which was granted by
the Building Inspector under Permit No. 15599Z on Decem-
ber 24, 1986.
2. Article III, Section 100-30, Subsection C(6) of the
Zoning Code reads as follows:
...C. [Amended 7-31-73] Accessory Uses, Limited to
the following...
(6) The following signs, subject to the
supplementary sign regulations hereinafter
set forth...
[b] Not more than three (3) signs with a
combined total area of not more than seventy-two
(72) square feet, no one (1) of which shall be
larger than four by six (4 x 6) feet in size,
advertising only the sale of farm, garden or
nursery products produced or grown on the
Southold Town Board of Appeals -17- October 28, 1987 Special Meeting
(Appl. No. 3663 CASTELLI decision, continued:)
premises or of animals raised on the premises ....
3. Article III, Section 100-30, Subsection A(2)[a](2)
of the Zoning Code reads as follows:
...A. Permitted uses...
(2) The following agricultural operations and
accessory uses thereto, including irrigation,
provided that there shall be no storage of manure
or other odor or dust-producing substance or use
...within one-hundred fifty (150) feet of any lot
line: ...
(a) The raising of field and garden crops,
vineyard and orchard farming, the maintenance of
nurseries and the seasonal sale of products thereof
in buildings, subject to the following special
requirements:...
[2] All signs shall conform to the provi-
sions of Section 100-30C(6)(b)...
4. The sign in question is shown to be situated five
feet from the northerly front property line, is doubled in
size, each face having a sign area of 6'6" high by 12 ft. wide,
plus a 4± inch high jutted extension at one corner.
5. The wording of the sign is "Landscaping & Sprinklers
by Forever Green 765-1900."
6. The premises in question is located in the "A-40"
Residential and Agricultural Zoning District, contains a
total lot area of 44,263 sq. ft. with 184.08 ft. frontage
along the south side of Middle (C.R. 48) Road.
7. For the record, it is noted that the subject premises
is improved with a 36 ft. by 82.5 ft. building shown to be set
back 50 feet from the front property line, 31± feet from the
west side line, 50 feet from the easterly (front) line (at the
closest point from the traveled right-of-way), and the subject
double-sign structure.
8. It is the position of this Board that: (a)
no establishment of the use and occupancy of the premises
Southold Town Board of Appeals -18- October 28, 1987 Special Meeting
(Appl. No. 3663 - CASTELLI decision, continued:)
as an agricultural use has been determined and (b)
the issuance of a Permit under #15599Z on December 24,
1986 was clearly in error as to not only the size of the
sign but as to the ability of the applicant to maintain
any sign whatsoever.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Goehringer, it was
RESOLVED, that under the above circumstances,
the relief requested under Appeal No. 3663 in the Matter
of the Application of MARIO CASTELLI, IS HEREBY DENIED,
and it is further
RESOLVED, that the sign(s) be removed immediately
and that the Building Permit be revoked and void in its
entirety.
Vote of the Board: Ayes:
Douglass, Grigonis and Sawicki.
adopted.
Messrs. Goehringer, Doyen,
This resolution was duly
Southold Town Board of Appeals -19- October 28, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3651:
Application of DEAN KAMEN for Variances to the Zoning Ordinance,
Articles: (a) III, Section 100-32 as to excessive height, (b) XI,
Section 100-119.2 as to insufficient setback from ordinary highwater
mark of Long Island Sound, of a proposed wind-turbine-generating tower
to be constructed landward or near existing granite monolithic
structure. Location of Property: North Dumpling Island, NY; County
Tax Map Parcel No. 1000-!30-01-004.
The Board began deliberations and ~ook the following action:
WHEREAS, public hearings were held on September lO, 1987 and
October 8, 1987, at which time the hearing was concluded, in the
Matter of the Application of DEAN KAMEN under Appl. No. 3651~ and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for Variances from the Provisions
of the Zoning Code for the erection of a proposed wind-turbine-
generating tower: (a) at a total height of not more than 85
feet, inclusive of blades, tower, stantion, etc., at variance
from Article III, Section 100-32 for accessory structures,
and (b) with an insufficient setback as shown by sketched map
prepared by Bernard F. Stone & Assoc., Inc. to be at a distance
of 50 feet, or more, from the mean high tide line at the
westerly section of the Island.
2. The premises in question is known and referred to as
"North Dumpling Island" consisting of an area of approximately
three acres and surrounded by Fishers Island Sound.
3. The subject premises is improved with the principal
dwelling, accessory cottage, and boathouse structure, as
more particularly shown by Map dated January 18, 1980,
prepared by Bernard F. Stone & Assoc., Inc.
Southold Town Board of Appeals -20- October 28, 1987 Special Meeting
(Appl. No. 3651 KAMEN decision, continued:)
4. The type of construction to be used for the wind tower
is as submitted with the application (Bergey Excel). The
Board has been assured that the construction and use of this tower
will not cause disturbing noise, vibration, electromagnetic
or other disturbance, and will not cause any dangerous fire
or other hazard, or cause injury to any of the surrounding lands
or their owners and occupants, and will not be dangerous or
prejudicial to health, safety, general welfare, navigation,
etc. The proposed construction may fall within the jurisdiction
of other governmental agencies, and the grant of this Variance
under the Town's zoning regulations does not release the owner
or his agent of such requirements or regulations.
5. Submitted for the record are copies of the
location of the tower proposed by the applicant at the west
end of the Island, and the map depicting the locations
acceptable by the U.S. Coast Guard, Sectors I and II, south
of the "tide pool" area, southeast of the brick dwelling
structure, and south of the Coast Guard light presently
maintained at the top of the brick dwelling structure.
6. Article III, Section 100-32 requires accessory
structures to be located at a height not exceeding 18 feet.
No provisions are currently in the Zoning Code for the
prohibition or allowance of such towers, which require
heights above 18 feet.
7. Article XI, Section 100-119.2 of the Zoning Code
requires all buildings or structures proposed on lots
adjacent to the Sound to be set back not less than
one-hundred (100) feet from the ordinary highwater mark.
8. It is the feeling of this Board that the placement
of the proposed tower at a setback of not less than 70 feet
from the mean highwater mark and at a height of not more
than 85 feet from mean sea level would not be unfeasible.
9. It is also the feeling of the Board that an
approval to position the tower in the location requested
by applicant and causing possible navigational hazards due
to its interference with the red sector of the Coast-Guard
maintained light (on the top of the brick dwelling) will
not be within the best interests of the town or those
navigating in the surrounding waters.
10. In considering this appeal, the Board finds and
Southold Town Board of Appeals -21- October 28, 1987 Special Meeting
(Appl. No. 3651 - KAMEN decision, continued:)
determines:
(a) the relief requested as to excessive height is
substantial in relation to the requirements;
(b) the placement of the tower at a distance of
not closer than 70 feet to the mean highwater mark of the
Sound is not substantial or unreasonable;
(c) the circumstances of the property are unique;
(d) the difficulty cannot be obviated by some
method other than a variance;
(e) the grant of the variance will be within the
best interests of justice;
(f) in considering all the above factors, the
circumstances warrant the grant of alternative relief, as
noted below.
Accordingly, on m'otion by Mr. Doyen, seconded by Mr. Doug-
lass, it was
RESOLVED, TO GRANT the following alternative relief in
the proposed construction of a wind-turbine-generating tower
in the Matter of the Application of DEAN KAMEN under Appl. No.
3651:
1. That the tower be constructed "about center" of
Sector 2 as shown on the sketched map revised September 17,
1987 noted by James R. Maher, Architect for the Applicant,
and more specifically just south of the "tide pool" area on
the southeast portion of the Island;
2. That the tower, inclusive of blades, stanchion,
etc. not exceed a total height at 85 feet above mean sea level;
3. That the tower be constructed with a setback of
not closer than 70 feet to the mean highwater mark along
the Sound;
Southold Town Board of Appeals -22- October 28, 1987 Special
Meeting
(Appl. No. 3651 - KAMEN decision, continued:)
4. That the grant of this variance will expire one year
from the date of the filing of this decision in the Town Clerk's
Office;
5. That there be no disturbance to the beach or adjacent
areas within 70 feet of the mean highwater mark during
construction (or otherwise).
Vote of the Board: Ayes:
Doyen, Douglass and Sawicki.
adopted.
Messrs. Goehringer, Grigonis,
This resolution was unanimously
COMPLIANCE WITH CONDITION: Appl. No. 3743 - EUGENE AND
BARBARA PERINO. The Board members reviewed the Covenants and
Restrictions required by ZBA Decision rendered September 10,
1987 in this matter as prepared by Shlimbaum and Shlimbaum.
Motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and
duly carried, to accept and approve the wording of the covenants
and restrictions, as submitted and signed by the Perinos under
date of October 8, 1987.
HEARINGS FOR 11/10/87: On motion by Mr. Goehringer,
seconded by Mr. Doyen, it was
RESOLVED, to authorize advertisement of the Legal Notice as
prepared for the next Regular Meeting, to be held on Novem-
ber 10, 1987 and to authorize scheduling of those matters for
public hearings as listed thereon.
Vote of the Board: Ayes: ALL. This resolution was
unanimously adopted.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Approved - Gerard
Respectfully submitted,
~L~nda F. K~w~l~kl,
ou hold TowRB E gB fglFTLED BY
~ THE SOUTHOLD TOWN CT.F.P~i
Town Clerk, Town of Southotd