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HomeMy WebLinkAboutZBA-06/10/1987 SPECSouthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI MINUTES JUNE 10, 1987 SPECIAL MEETING A Special Meeting of the Southold Town Board of Appeals was held on WEDNESDAY, JUNE 10, 1987 at 6:45 o'clock p.m. at the Southold Town Hall, Main Rbad, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki, con- stituting four members of the Board of Appeals. Absent was: Member Serge J. Doyen, Or. Also present were: Victor Lessard, Building-Department Administrator and Linda Kowalski, Z.B.A. Secretary. The Chairman opened the Meeting at 6:45 o'clock p.m. and proceeded as follows: REOPENING OF APPLICATION NO. 3632 - NORTH FORK EARLY LEARNING CENTE-~on Amended Application for Day-Care Center (instead of nursery school as originally applied), Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, south side of Hill Street, Mattituck. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to REOPEN the public hearing in the Matter of the NORTH FORK EARLY LEARNING CENTER under Application No. 3632 as Amended for a Day~ Center use (instead of nursery school), at the next Regular Meeting of this Board, to wit, JUNE 18, 1987, at 7:40 p.m. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. Southold Town Board of Appeals -2- June 10, 1987 Special Meeting ADDITIONAL SET-UPS FOR JUNE 18, 1987. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to schedule the following matters for public hearings in addition to those previously scheduled to be held at a Regular Meeting of this Board on T~HURSDAY, JUNE 18, 1987: 5:50 p.m. Application #3641 BRETT AND JANET KEHL - Acces- sory Building with height in excess of 18 feet, or in ~e alternative, addition to dwelling with an insufficient sideyard setback as exists, 5500 Main Bayview Road, Southold. 7:55 p.m. Application #3634 - RICHARD F. MULLEN, JR. Fence with height in excess of four feet in frontyard areas. East Side of Cottage Place, Southold. A Zone. 8:50 p.m. Application #3625 - PUDGE CORP. (recessed from May 21, 1987). Resolution Conc~ing Hearing Only on 6/18/87. NO ORAL TESTIMONY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Douglass. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. APPEAL NO. 3581 GEORGE~ D. DAMIEN. The Board was advised that Town Attorney Francis J. Yakaboski has reviewed Mr. Damien's file, and it is his opinion that the Board of Appeals may hold a public hearing without receipt of the County Health Department Article VI approval if the applicant so chooses. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a public hearing be and hereby is authorized to be scheduled, tentatively for the July Regular Meeting of July 16, 1987, in the Matter of GEORGE D. DAMIEN, provided that the applicant or his agent is agreeable; and BE IT FURTHER RESOLVED, that the Board Clerk, Linda Kowalski, be and hereby is authorized to advertise notice of same in the local and official newspapers of the town, to wit: Long Island Traveler-Watchman and the Suffolk Ti~es. Southold Town Board of Appeals -3- June 10, 1987 Special Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. This reoslution was duly adopted. (Member Doyen was absent.) APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the following Meetings: May 21, 1987 Regular Meeting, April 23, 1987 Regular Meeting, May 11, 1987 Special Meeting. Vote of the Board: Ayes: Douglass and Sawicki. (Member was duly adopted. Messrs. Goehringer, Grigonis, Doyen was absent.) This resolution REQUEST FOR ROW INSPECTION: By letter received June 9, 1987, Robert Johnsen in behalf of Mrs. Gr~etchen Heigl, requests a road inspection of improvements as conditioned under Appeal No. 3418. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to request and authorize an inspection and written report by our town road inspection (Mr. John W. Davis) of the improvements in the right-of-way under Appeal No. 3418 - GRETCHEN HEIGL. Vote of the Board: Ayes: Douglass and Sawicki. (Member was duly adopted. Messrs. Goehringer, Grigonis, Doyen was absent.) This resolution UPDATE: Appeal No. 3543 - PETER AND BARBARA HERZ. Patricia C. Moore, Esq. of Edson and Bruer, Attorneys for the applicants, has submitted a letter from Herbert W. Davids Associates, Environmental Consultants of Southold giving his reasons why the locations of the proposed well and cesspool(s) cannot be changed. The Chairman asked the Board Clerk to forward a letter to the Suffolk County Health Department for their records as discussed during the hearing of May 21, 1987. Southold Town Board of Appeals -4- June 10, 1987 Special Meeting DELIBERATIONS: Appeal No. 3624 ERNEST TARMIN. Two of the board members asked for a copy of the specifications of the stairs proposed and for the Town Attorney's opinion as to whether or not the stairs (which is below the bluff) is within Z.B.A. jurisdiction under Section 100-119.2 before making a determination. The deadline in making a decision on this appli- cation is about July 17th. DELIBERATIONS/DECISION: Application No. 3586-SE. ROBERT AND HELEN DIER. Special Exception to establish "Bed and ~- fast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual roomers and not more than three rooms (in conjunction with accessory apartment and single-family uses). 355 Terry Lane, Southold. (Hearing was concluded on 5/21/87). The following took the following action: WHEREAS, a public hearing was held and concluded on May 21, 1987, in the Matter of the Application of ROBERT AND HELEN DIER under File No. 3586; 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, applicants request a Special Excep- tion for a "Bed and Breakfast" Establishment, with owner-occupancy, for the rental of two bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family use of the existing dwelling, provided for by Article III, Section 100-30(B)[16] of the Zoning Code, in addition to and in conjunction with an existing Accessory Apartment use. Southold Town Board of Appeals -5- June 10, 1987 Special Meeting (Appl. No. 3586-SE - DIER decision, continued:) 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of 27,500± sq. ft. with frontage along the east side of Terry Lane of lO0 feet. The subject premises is improved with a single-family, split-level frame dwelling structure with attached garage structure, as more particularly shown on sketch prepared by applicants under consider- ation. 3. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 65, Block 7, Lot 20. 4. By action of this Board March 5, 1987, a Conditional Approval was rendered under Application No. 3597 for an Accessory Apartment, established under the Provisions of Article III, Sec- tion lO0-30(B)[15] of the Zoning Code. It is also noted for the record that Certificate of Occupancy No. Z7701 was issued June 6, 1977 to Robert Dier for a "private one-family dwelling and garage" pursuant to Building Permits No. 6382Z and 7395Z concerning this property. 6. By Local Law No. 2 - 1987, Section 100-30(B)[16], subparagraph (b) was added providing, "No accessory apartment, as authorized by Section 100-30B(15) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists." 7. By Local Law No. 1 1987, Section lO0-30(B)[15], subparagraph (q) was added provided, ~'No bed and breakfast facilities, as authorized by Section 100-30B(16) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists." 8. In May 1983, the Zoning Code Bulk Schedule was amended to require a minimum lot area of 40,000 sq. ft. to 80,000 sq. ft. The subject premises contains a total area of 27500± sq. ft. and is occupied by one single-family dwelling unit and one accessory apartment. The present lot area of this parcel is nonconforming. The granting of an additional use for a "Bed and Breakfast" Establishment would create an over-inten- sification of uses for this parcel, which would be injurious not only to the neighborhood but the community plan. The present uses of this property is at a maximum, being the Southold Town Board of Appeals -6- June 10, 1987 Special Meeting (Appl. No. 3586 - DIER decision, continued:) highest and best use of the property. The "Bed and Break- fast" Establishment being requested by this application is in addition to those existing uses, and is in effect an increase in "density" requiring an additional minimum lot area of 80,000 sq. ft. 9. It is the position of this Board that the applica- tion does not conform with the standards of the zoning ordinance a~s a_~_plied on this 27,500± sq. ft. parcel, and accordingly is not in harmony with and will not promote the general purposes and intent of zoning. In considering this application, the Board Members have also considered subsections [a] through [1] of Article XII, Section lO0,121(C)[2] of the Zoning Code, and find and determine: (a) the use will Prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use dis- tricts; (b) the use will present the orderly and reasonable use of permitted or legally established uses in this residential and agricultural zoning district, or of permitted or legally established uses in adjacent use districts; (c) the safety, health, welfare, comfort, convenience or order of the town will be adversely affected by the proposed use and its location; (d) the use will not be in harmony with and promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to DENY the Special Exception use as applied in the Matter of the Application of ROBERT AND HELEN DIER, File No. 3586. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -7- June 10, 1987 Special Meeting DELIBERATIONS/ACTION: Appeal No. 3630 Matter of JOHN KRAMER AND WAYNE DEPETRIS. Hearing was held and concluded on May 21, 1987 (no appearances). Correspondence was received from the Southold Fire Department in response to our letter indicating they had no objection to this proposal. The Board made the following findings and determination: WHEREAS, a public hearing was held and concluded on May 21, 1987 in the Matter of the Application of JOHN KRAMER AND WAYNE DePETRIS under Appeal No. 3630; and WHEREAS, at said hearing no one appeared either in behalf of or against the application; 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 premi~ses tn quest~on~ its present zoning, and the surrounding areas; and WHEREAS, the board made the fo]low~ng filndi]ngs of fact~ 1. By thcs application, appellants request a Vari-'ance from the Provisions of ~.rticle Vi~ S~ction 100-.60C(2)[a], to replace an existing gro~nd si.g~, the lower edge of which ~ould be ~ot less than twelve inches (12") aboYe the ground and the u~per edge of which will extend not more than five feet above the ground. 2. The premises in questilon is ~located along the north side of the Main Road in the Hamlet of Southol~, Town of Southold, containing an area of 7~00± sq. ft., 50 ft. lot width (frontage), and lot depth of 150± feet, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 52, Block 1, Lot 5. 3. The subject premises is improved with a 25-ft. wide by 65 ft. deep one-story frame building set back 35 feet from the front property line ~along the Main (State) Road. 4. The on-premises business advertising sign proposed by this application will have an advertising area of 36" high by 96" wide, together with a 3" high skirt and 12" high base. The 12" high base will not ~xceed 12 feet in w~dth, and the total soli~d construction area (toR_a~ bottom) shall not exceed a total area of 81,25 sq. ft~ ~ 5. The setback of the existing sign and proposed sign replacing same is shown to be not less than eight feet from the front property line along the Main Road and the sidewalk and a greater distance from the easterly side property line. 6~ In considering this application, the Board finds that the proposed sign is better aesthetically and the advertising area is less than ~hat normally permitte~ by Southold Town Board of Appeals -8- June 10, 1987 Special Meeting (Appeal No. 3630 KRAMER & DEPETRIS, decision, continued: the Zoning Code. 7. In considering this appeal, the Board also finds and determines: (a) the relief requested is not substantial in relation to the requirements; (b) the relief requested is minimal; (c) the circumstances of the property are unique; (d) the variance if allowed will not have an affect of increased population density thus produced on available govern- mental facilities; (e) there will be no change in the character of the neighborhood or substantial detriment to adjoining properties; (f) the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to APPROVE the relief requested under Appeal No. 3630 in the Matter of JOHN KRAMER AND WAYNE DePETRIS for the replacement of ground sign for on-premises business advertising, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The sign be setback not less than eight feet from the sidewalk or front property line (as applied), and in the same location as the existing ground sign; 2. The existing ground sign will be removed; 3. The sign shall be only as applied and not greater in size (as described in Paragraph #4, supra). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. The meeting concluded at 7:40 o'clock p.m. Approved - June 18, ~7 Gerard P. Goehringe~Chairman Respectfully submitted, a F. Kowalski, Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN. JR. ROBERT J. DOUGLA$S JOSEPH H, SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELFPHONE (516) 765-1809 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the M~eting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on Wednesday, June 10, 1987, at 6:45 p.m. , and do hereby consent that the same be held on said date ~or the transaction of any business which may properly come before said meeting. DATE ~ -a.~-~ HOUR / i: ,o4~ R.cyb~ert J..~ugl~,~b~ To~ Clerk, Town ~ ~ of ~se~ H. Sawi~i, Member