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HomeMy WebLinkAboutZBA-09/16/1998 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RODERT J. DOUCLAS~' JOSEPH H, SAWlCKI Southoid Town Board of Appeals MAIN ROAD- STAT[ RI"IAD ~-5 SI'IUTNII"ILD, L.I., N.Y. 'l"lCJ"7'l TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING FRIDAY, SEPTEMBER 16, 1988 A Special Meeting was held by the Southold Town Board of Appeals on FRIDAY, SEPTEMBER 16, 1988 commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and Joseph H. Sawicki, consisting of three of the four Board Members. Absent was: Serge Doyen, Jr. (due to serious family illness). Also present were: Linda Kowalski, Assistant and Secretary of the Board and Victor Lessard representing the Building Department. The Board deliberated on each of the following matters: Appl. No. 3740 Appl. No. 3750 Appl. No. 3753 Appl. No. 3744 Appl. No. 3754 Appl. No. 3766 Carol Maguire Seymour and Merle Levine - Vincent Gerosa - William Baxter, Jr. - Andre and Thomas Cybulski - Willow Terrace Farms. (c~ntinued on next page) Southold Town Board of Appeals -2- September 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Upon Application of CAROL A. MAGUIRE for Variances to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard, and Article XI, Section 100-119.1, for the placement of a fence in the frontyard area in excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1 (prev. 14 and 13). WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of CAROLE A. MAGUIRE under Appeal No. 3740; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 a request for Variances: (a) under Article III, Section 100-32 for permission to place accessory building approximately 29 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property; and (b) under Article XI, Section 100-119.1 for approval of fence in the frontyard area at a height (in portions) above four feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 12, Lot 14.1, and is a corner lot as defined by Section 100-13 of the Zoning Code, with frontage along three streets: Nassau Point Road, Vanston (or Old Cove) Road, and Broadwaters Road, at Nassau Point, Cutchoque. 3. The premises in question contains a total area of 1.13 acres and is improved with a single-family dwelling, as more particularly shown on the survey map prepared May 5, 1970 by Roderick VanTuyl, P.C. Southold Town Board of Appeals -3- September 16, 1988 Special Meeting 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is shown on the sketched survey with a setback of 29+- feet from the front property line along Old Cove Road, a distance of approximately 26 feet from the garage area of the existing dwelling structure; (b) that the premises is unique as to its limited rearyard area, particularly due to its frontage along three town streets. 6. It is the position of this Board that in considering this application: (a) the relief as alternatively granted is not substantial and is the minimum necessary to afford relief; (b) the relief as alternatively granted will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the following alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT: (a) a Variance for the location of storage shed (total combined size as given 10' x 20') at a proposed height not exceeding eight feet, for storage purposes accessory to the existing residential use of the premises, as alternatively noted below, and (b) a Variance for the excessive height of the fence structure, as exists at a maximum of five feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building: (a) be located from the westerly front property line along Old Cove Road not closer than 50 feet, and shall be screened with evergreens along the building side facing Old Cove Southold Town Board of Appeals -4- September 16, 1988 Special Meeting Road; (b) from the southerly rear property line not closer than 10 feet and not farther than 30 feet; (c) as requested; the side property line be not closer than 10 feet, (d) be used for storage purposes incidental and accessory to the residential use of the premises; (e) not be enlarged or expanded without further application to this Board; (f) not exceed one-story height. 2. That the fence be screened with evergreens (or similar) at a minimum height of three feet, close enough to allow proper growth and sufficient screening {approximately five feet apart is recommended}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis Doyen. (Member Sawicki was absent due to serious family illness.) This resolution was duly adopted. and Southold Town Board of Appeals -5- September 16, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Upon Application of SEYMOUR A~D MERLE LEVINE for a Variance to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road #8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of SEYMOUR AND MERLE LEVINE under Appeal No. 3750; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 under Article III, Section 100-32 for permission to place accessory building approximately 100 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 23, Block 1, Lot 3.2, and has a frontage along the ordinary highwater mark of Dam Pond of 195.0 feet, and frontage along a private right-of-way 100.0 feet. 3. The premises in question contains a total area of approximately .949 of an acre and is improved with a single-family dwelling, as more particularly shown on the survey map preDared July 13, 1983 by Roderick VanTuyl, P.C. Southold Town Board of Appeals -6- September 16, 1988 Regular Meeting 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is set back 160+- feet from the front (southerly) property line; (b) that the accessory building is proposed to be located more than the normal requirement for a principal building at 100 feet, more or less, from the front property line, and will be shielded with appropriate screening. 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief requested will not alter the character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the location of a small shed (8' x 10" +-) for storage purposes accessory to the existing residential use of the premises, as applied in the Matter of SEYMOUR AND MERLE LEVINE under Appl. No. 3750, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line be not closer than 10 feet, as requested; 2. That the setback from the front (southerly) property line be not closer than 100 feet, as requested; Southold Town Board of Appeals -7- September 16, 1988 Regular Meeting 3. That the shed be used only for storage purposes accessory to the residential use. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) This resolution was duly adopted. SEQRA COORDINATION UPDATE: Appl. No. 3769-SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA V~NEYgd~DS$. CTM #1000-109-1-13. The Board Members had no objections to the Planning Board's determination of lead agency per letter dated September 14, 1988. ADDITIONAL MEETING DATES for reservation of Assembly Hall Room were discussed and agreed for Public Hearings to be held on October 26, 1988. This is in addition to the meetings for Hearings on October 6, 1988, and for November 16th and the early December Hearings Calendar. SEQRA COORDINATION UPDATE: Appls. No. 3770V and 3771SE for PORT OF EGYPT ENTERPRISES, INC. CTM @1000-56-6-4; 56-6-6.1. The Board Members confirmed their position, as follows and in response to the Town Trustees Letter dated September 14, 1988: 1. Recommends that the Planning Board take Lead Agency status for the following reasons: a. the site plan elements and physical construction of the roadway, drainage facilities, landscaping, will be major changes directly to the site; b. the application under consideration in this Board of Appeals application is not directly related to physical change of the land or wetland areas. 2. Application must be filed with the Planning Board. 3. Suggest that determinations be made by the Planning Board as to the sufficiency of parking spaces for the multiple uses existing at the site, after allowing for egress, ingress, loading, ramps, trailer-lift parking, landscaping, etc., if possible, in either a preliminary review or during the certification process. Updated communications should accordingly be sent to the applicant's agent, Peconic Associates Inc. urging him to file and proceed accordingly with the Planning Board. Southold Town Board of Appeals -8- September 16, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3753: At a Meeting of the Zoning Board of Appeals held on August 18, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of VINCENT GEROSA for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to construct additions to existing dwelling with an insufficient setback from top of bank or bluff along the Long Island Sound. Location of Property: 315 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3753; 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. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 2, Lot 3, and is a described parcel of land containing a total area of approximately 30,625 sq. ft. with frontage of 125 feet along the north side of Aquaview Avenue, depth of 245.0 feet, and frontage along the Long Island Sound mean highwater mark of 125.22 feet. 2. The subject premises is improved with a single-family, one-story framed house as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C., amended June 3, 1988. Southold Town Board of Appeals 4- September 16, 1988 Regular Meeting 3. By this application, appellants propose to construct deck addition and structures, all as shown by the rendition submitted and prepared by John Amisano, Architect, extending from the rear of the existing dwelling structure leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 45 feet. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back also at approximately 45 feet, and there is no increase of the nonconformity. 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for additions as applied in the Matter of VINCENT GEROSA, more particularly shown on Plan No. 8759, Drawing No. 101, prepared by John Amisano, Architect, and SUBJECT TO T~E FOLLOWING CONDITION: There be no disturbance within 40 feet of the bank (or bluff) area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. and Seuthold Town Board of Appeals -10- September 16, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Upon application of WILLIAM BAXTER, JR. AND JANE BAXTER GOELLER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLIAM BAXTER, JR. under Appl. No. 3744; 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. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 072, Block 2, Lot 2.1 and 3. 2. The subject premises is vacant and contains a total lot area of 5.022 acres, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated March 10, 1987. Southold Town Board of Appeals -11- September 16, 1988 Regular Meeting 3. By this application, appellant requests approval of the insufficient lot area of not less than 67,483 sq. ft., having 130.08 ft. frontage along the Long Island Sound and 567.54 ft. average lot depth (referred to as Lot No. 2). Lot No. 1 will contain a total area of 151,301 sq. ft. with 224.83 ft. frontage along the Long Island Sound. The entire premises is accessible to Oregon Road, the nearest Town Street, by a private right-of-way within this proposed subdivision. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. This Board does agree that the layout of the remaining section of land (established prior to May of 1983) does lend to the practical difficulties in this case and that the relief as requested is the minimum necessary as required by the Courts. 6. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial in relation to the current lot size requirement; (e) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (f) that the relief requested is the minimal necessary under the circumstances; (g) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for Lot No. 2 of an area of 67,483 sq. ft. and average lot width of 130.08+- feet, as applied Southold Town Board of Appeals -12- September 16, 1988 Regular Meeting in the Matter of WILLIAM BAXTER, JR. under Appeal No. 3744, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions to less than 67,483 sq.ft, of this parcel; 2. Ail new construction must conform to the current zoning requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals -13- September 16, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Upon application of ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to utilize existing barns for storage of general items (instead of agricultural storage) and use as an alternative under New York Town Law, Section 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. WHEREAS, a public hearing was held on August 18, 1988 in the Matter of the Application of ANDRE AND THOMAS CYBULSKI under Appeal No. 3754; 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. The premises in question is a 5.4867-acre parcel of land located off the west end of a private right-of-way extending 187.0 feet off the west side of Depot Lane, Cutchogue, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 5, Lot 1.2. 2. The subject premises is located in the "A-80" Residential and Agricultural Zoning District and is improved with four storage buildings with sizes and setbacks as shown on the March 11, 1987 Survey Map prepared for the applicants by Young & Young Surveyors. -14- Southold Town Board of Appeals September 16, 1988 Regular Meeting (Decision: Appl. No. 3754 - CYBULSKI, continued:) 3. By this application, the appellants request Variances: (a) for permission to utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses), and (b) approval of alternative access under New York Town Law, Section 280-a, which is an existing dirt driveway used over the years by the trailer-trucks and other vehicles related to the farming operations. 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3671, application was made for access over the most northerly right-of-way and for use of the premises involving activities permitted in a "C-Light Industrial" Zone District. The access was conditionally approved, and the use variance was denied without prejudice (see Decision rendered January 14, 1988). 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc., and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased within the last two years, and the taxes for the land and buildings has increased by more than 250% (particularly due to the removal of the agricultural tax exemptions); (c) there are no other uses permitted under the zoning code for this 5.4867+- acre parcel as exists which would yield a reasonable return; (d) the previous use for co~ercial agricultural storage and related activities is similar to the storage use and related activities requested herein. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property {Gordon v. Town of Huntington, 1962, 230 N.Y. $.2d 619}; -15- Southold Town Board of Appeals September 16, 1988 Regular Meeting (Decision: Appl. No. 3754 - CYBULSKI, continued:) (b) the subject property and buildings cannot be economically used for one-family residence or other use established in this Residential and Agricultural Zone District as exists; (c) properties to the north (along the Long Island Railroad) are zoned "C-Light Industrial"; along the east side of this property at the north end "B-Light Business" a length of approximately 265 feet; directly opposite Depot Lane both "B-Light Business" and "A-Residential/Agricultural"; along the west and south sides, "A-Residential/Agricultural"; (d) the alternative access over the existing driveway is more suitable for trailers and large trucks to enter upon and exit from, without adverse disturbance to the neighboring residentially-used properties, in lieu of the northerly right-of-way; (e) the evidence for "significant economic injury" is sufficient to warrant a grant of this variance; (f) the variance, as conditionally noted below, is the minimum necessary to afford relief; (g) the storage uses as authorized will not alter the essential character of the neighborhood; (h) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; (i) there is no other feasible method for appellants to pursue; (j) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage and for access as required by New York Town Law, Section 280-a, as applied under Appeal No. 3754 in the Matter of ANDRE AND THOMAS CYBULSKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage be as applied and be "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials; -16- Southold Town Board of Appeals September 16, 1988 Regular Meeting (Decision: Appl. No. 3754 - CYBULSKI, continued:) 3. Hours of operation should not be before 8:00 a.m. or after 7:30 p.m.; 4. Maximum of 10 trailers parked (behind barns) at any one time; 5. Ail vehicles entering and exiting the site must use the alternative (existing driveway) access {as applied}; 6. The base of the alternative (existing driveway) access must be maintained in its present good to excellent condition; 7. Any subdivision approval will automatically void and terminate this uariance. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. UPDATE: Appl. No. 3775 - THE COVE AT SOUTHOLD: Pool and Tennis Court Structures Proposal at S/s Main Bayview Road, Hamlet of Southold. The Chairman confirmed that we are awaiting receipt of additional information concerning dimensions, elevations, setbacks, screening from residential properties, building plan, etc. as agreed by the applicant's attorney, Charles R. Cudd¥, Esq. when the application was filed on August 30, 1988. It was indicated that the position of the Planning Board be requested under its site plan review which has and is still pending at this time. Upon receipt of all the above, the Board will then calendar this matter for a public hearing date. Southold Town Board of Appeals -17- September 16, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Upon application of WILLOW TERRACE FARMS, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of Lots referred to as "No. 17, 18, 19, and 20, Minor Subdivision of Willow Terrace, Section Two mapped November 25, 1977" and located along Major's Pond Road, Orient, NY; County Tax Map Parcel No. 1000-26-2-part of 39.5 (and 39.1). WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLOW TERRACE FARMS, INC. under Appeal No. 3766; 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. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 026, Block 2, 39.5. (part of 39.1). 2. The subject premises is unimproved, except for the pending construction of a new single-family dwelling under pending Building Permit ~16900Z issued April 29, 1988 as shown by survey prepared by Roderick VanTuyl, P.C. amended March 10, 1988, County Health Department approval #88-SO-41 dated April 21, 1988. Southold Town Board of Appeals -18- September 16, 1988 Regular Meeting 4. By this application, appellant requests approval of the insufficient lot area of the following lots: (a) No. 17 of 76,800 sq. ft. with frontage along Nelson Drive of 240 feet, Majors Pond Road 320 feet, and Rowe Drive of 240 feet; (b) No. 18 with 42,571 sq. ft. and frontage along the east side of Majors Pond Road of 278.35; (c) No. 19 of 40,988 sq. ft. with frontage along Majors Pond Road of 183 feet; (d) No. 20 of 41,238 sq. ft. with frontage of 185 feet along Majors Pond Road. Remaining as proposed is a parcel of approximately 1.8 acres (immediately abutting the Park and Playground Area). The roads and Parcels No. 39.11 and 39.7 are also shown on the Map surveyed for Robert J. and Nancy R. Douglass, signed by the Planning Board Chairman September 14, 1981. 5. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83). 6. Article III, Section 100-31 (eff. 10/83) excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although conveyances were made and Town records show informal updates to the Planning Board (excerpt of 7/19/71 P.B. minutes) concerning a pending subdivision of "Willow Terrace, Sec. II" and its status with the Suffolk County Department of Health Services (Hearing held 7/14/71). 7. No prior appeals have been found of record concerning these premises, except for approval of access as required by New York Town Law, Section 280-a (see Appl. No. 2493 and 183). 8. For the record it is also noted that Willow Terrace Section Two was mapped November 17, 1972 by VanTuyl & Son, Surveyors, for the entire 9.5+- acres for one-half-acre lots No. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 30, and said map was, upon information and belief, re-mapped into one-acre lots during the 1970s (and prior to the adoption of the 80,000 sq. ft. requirement in May 1983). Southold Town Board of Appeals -19- September 16, 1988 Regular Meeting 9. It is the understanding of the Board that although separate tax bills have been submitted, and separate land conveyances have been made in the past concerning this property, the subdivision process of the Town was not finalized (particularly during the period of time when the lesser standard for lot area was permitted prior to May 1983). 10. Although Building Permit No. 16900Z was issued for the construction of a single-family dwelling, no representation has been made or evidence submitted that the Subdivision Map of Section Two of Willow Terrace was officially accepted and approved by the Town. This Board is without authority to approve subdivisions. This Board does agree that the layout of the remaining Section of land (established prior to May of 1983) does lend to the practical difficulties in this case, but does not agree that the relief as requested is the minimum necessary as required by the Courts. 11. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of a variance for alternative, minimal relief; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties can be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief as alternatively approved is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting alternative relief, as further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT Alternative Relief for the following lot area reductions: (a) Lot No. 1 located to the most southeasterly section of the premises and identified on the Suffolk County Tax Maps as District 1000, Section 26, Block 2, Lot 39.1, to be of an approximate area of 1.5+- acres; (b) Lot No. 2 located immediately north of Lot No. 1 and identified on the Suffolk County Tax Maps as part of Lot 39.10, to be of an approximate area of 57,000+- sq. ft.; Southold Town Board of Appeals -20- September 16, 1988 Regular Meeting (c) Lot No. 3 located immediately north of Lot No. 2 and also identified on the Suffolk County Tax Maps as Part of 39.10, to be of an approximate area of 77,800+- sq. ft. (d) Lot No. 4, referred to on the survey map amended March 22, 1988 as "17", and identified on the Suffolk County Tax Maps as Part of 39.10, to be of an approximate area of not less than 76,800 sq. ft., as applied; and BE IT FURTHER RESOLVED, that the Variances as requested under Appeal No. 3766 are accordingly denied as submitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. OTHER APPLICATION REVIEWS: The following matters were noted as recently file, in addition to those previously noted, and are expected to be calendared at the next meeting for a hearing date to be held either in October or in late November (when declared complete): Appl. No. 3773 Appl. No. 3772 Appl. No. 3767 Appl. No. 3775 Appl. No. 3777 GRETCHEN HEIGL JOHN PHILIPPIDES - DAVID STRONG (Interpretation only) - THE COVE AT SOUTHOLD (Pool & tennis ct) CARL J. NELSON. UPDATE: Appeal No. 3757 - MR. AND MRS. JOHN C. CHOBOR, JR. AS CONTRACT VENDEE (with LAMB). CTM #1000-9-4-22.1 at Fishers Island. Updated communications from the Chairman to the applicant transmitting a copy of the Town Attorney's August 18, 1988 position and urging a single-and-separate title search and certification be furnished back to 1957 was given to each Member. To date, the survey items previously requested by our office on August 5, 1988 has not been received. Southold Town Board of Appeals -21-September 16, 1988 Special Meeting ACCESSORY APARTMENT CONDITIONS: The Board discussed the purpose of the requirement for a cut-off date of January 1, 1984 and the prior issuance of Certificates of Occupancy. It was understood and agreed that the intent of this legislative condition was to allow these conversions in existing large old homes, and was not intended to allow expansions of small homes for the same conversion. The Board Members agreed that only those portions of the dwellings existing before January 1, 1984 would be permitted for the single-family residence with Accessory Apartment, and that additions after January 1, 1984 would not be permitted to be included as part of the square footage or other criteria necessary under the law, and the Chairman and Secretary were authorized and directed to send a letter to the Town Attorney's Office and the Town Board advising them of this Board's position. If changes are necessary to change this position, legislative action would be appropriate under the circumstances. HEARINGS CALENDARED FOR OCTOBER 6, 1988: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Linda Kowalski, be and hereby is authorized and directed to advertise the following matters for public hearings to be held on THURSDAY, OCTOBER 6, 1988, in the Suffolk Times and L.I. Traveler-Watchman: 7:35 p.m. Appl. No. 3765 7:40 p.m. Appl. No. 3768 7:45 p.m. Appl. No. 3763 7:50 p.m. Appl. No. 3759 7:55 p.m. Appl. No. 3755 8:00 p.m. Appl. No. 3758 8:05 p.m. Appl. No. 3760 8:05 p.m. Appl. No. 3761 8:15 p.m. Appl. No. 3739 8:20 p.m. Appl. No. 3762 8:30 p.m. Appl. No. 3779 8:40 p.m. Appl. No. 3769 8:50 p.m. Appl. No. 3764 8:55 p.m. Appl. No. 3778 9:05 p.m. Appl. No. 3774 9:15 p.m. Appl. No. 3776 JOSEPH SPITALIERE - FRANK AND SANDRA CURRAN JOH~ J. JESSUP - TONY SCARMATO, INC. TIMOTHY COFFEY (COVE SIGN) THEODORE KUDLINSKI, JR. ELSIE D. YOUNG (S.E.) ELSIE D. YOUNG (V) JOH~ T. BEEBE - ROBERT AND DIANNA BAKER PETER AND DESPINA MARKOPOULOS CUTCHOGUE FARMS (GRISTINA) - DENIS O'BRIEN BRETT AND JANET KEHL - H & S ASSOCIATES - HOWARD AND M. BRODIS. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -22- September 16, 1988 Special Meeting CHANGE OF MEETING DATE: The Board agreed to cancel the September 29, 1988 Assembly Hall reservation, since the Meeting has been changed to the following Thursday, October 6, 1988. UPDATE: Appl. No. 3751 - JEAN C. HOLLAND-LONGNECKER. The Board acknowledged receipt of communications received since the August 18, 1988 Hearing date. It was agreed to conclude the written part of the hearing at a late date (see October 6, 1988 Resolution). The Board agreed, per Agenda Item #VIII, pg. 3, to send a letter to Mr. Robert Feger for a reasonable time to respond to Mr. Tohill's submissions received 9/6 and 9/8, and that written input would be accepted until September 29th (for opposition responses). COMMUNICATIONS: Copies of concerned residents in the Matter of TURTLE ASSOCIATES/DAVID WALKER, premises at the W/s Marratooka Lane, Mattituck, were given to the Board previously. It was expected that this matter would be ready to be calendared for a public hearing in October (see resolution next meeting 10/6 for hearing date 10/26). GARAGE ATTACHMENTS TO EXISTING DWELLINGS: The Chairman indicated that the previous interpretation and clarification of this Board was made pursuant to the April 20, 1983 request of victor Lessard for the Building Department concerning projects at Pebble Beach Development (only), and must be considered only for Pebble Beach Development per the history of variances, covenants, etc. (May 3, 1983, August 18, 1988 Interpretations by ZBA). UPDATE: Appl. No. 3776 - HOWARD AND MARGARET BRODIS. The Board indicated that the file is incomplete without the information requested on the square footages and percentages previously requested, and agreed to same from the Legal Notice of Publication if same is not received by the advertising deadline. Southold Town Board of Appeals -23- September 16, 1988 Special Meeting EXECUTIVE SESSION: At this point in the time, the Board Members recessed the Regular Meeting and entered into Executive Session to discuss the following pending litigation updates: 1. Tartan Oil Co. 2. Charles Zahra. Following Executive Session, the Chairman declared the Meeting adjourned. The meeting was adjourned at 8:45 p.m. Respectfully submitted, ~L~inda F. Kowalski, Secretary Southold Town Board of Appeals RECEIVED AND F~LED BY T~ so~o~.D Town c~ /o1~,/~ ~o~ 3.',<~ DATE To~rn Clerk, Town of Southold