HomeMy WebLinkAboutZBA-08/08/1990 SPECAPP~LS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Ir.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1B09
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 1}971
Fax (516) 765-1823
Telephone (516) 765-1800
WEDNESDAY, AUGUST 8, 1990
A Special Meeting was held by the Southold Town Board of
Appeals onwednes~ay,~Au§ust 8, 1990 , commencing at 7:30 '
o'clbck P.m. atthe Southold Town Hall, Main Road, Southold, New
York.
Jr. ·
present~ze:
Gerard P. Goehringer, Chairman; Serge Doyen,
James Dinizio
33~sent was: Joseph Sawicki, Charles Grigonis
The Boardproceeded with the first item on the agenda, said
agenda attached for reference.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCO'Fr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold~ New York 11971
Fax ~516) 765-1823
Telephone (516) 765-1800
~.~ENDA
SPECIAL MEETING
WEDNESDAY. AUGUST 8. 1990
Meeting held on Fishers Island
I. DECISIONS/DELIBERATIONS
Appl. No. 3954 - PHILIP SALICE. Variance to ~he Zoning
Ordinance', Article III A, Section 100-30 A.3 (100-33), Article
XXIII, Section 100-239.4 B, for permission to construct an
accessory shed and deck with gazebo. Accessory shed is less
than. 3 ft. from a lot line, gazebo is located in the front yard
area. Property Location: 1945 BayviewAvenue, Mattituck,
County Tax Map No. 1000, Section 106, Block 06, Lot 37.
Appl. No. 3952 - BRUCE & TERESA BLASKO. Special Exception
to thelZoning Ordinance, Article III, Section 100-31 B (14), for
permission to have an accessory apartment. Proposed accessory
apartment iD an existing one family dwellingwill contain less
than 1~600 sq. ft. of livable floor area. Property Location:
23 Middleton Road, Greenport, County Tax Map No. 1000, Section
40~ Block 5, LOt 9.
II. RESOLUTION, scheduling and advertising the following
mabters for the August 29, 1990 Regular Meeting.
(a) Appl. No. 3965 - San Simeon Property Association
(b) Appl. No. 3961 - Venetia McKeighan
~a~e 2 - Agenda
-Special Meeting - August 8, 1990
Southold Town Board of Appeals
II. RESOLUTION, continued
(c) Appl. No. 3964 - Kenneth Minnick
{d) App!. No. 3962 Harold Gordon
(e) Appl. No. 3963 - Frank Curran
(f) Appl. No. 3960 Thomas Sargent
(g) Appl. No. 3966 - Peter & Janet Bloom
(h) Appl. No. 3967 - Kim Campbell
(i) Appl. No. 3955 - Sblendido/Auricchio
(j) Appl. No. 3915 - Jordan's Partners
III. MISCELLANEOUS
(a) Correspondence regarding Jordan's Partners, requested
information at our last hearing.
~b) Correspondence regarding Jordan's Partners, requested
information from the Planning Board for an evaluation.
(c) Correspondence regarding San Simeon, requested
information from the Planning Board.
id) Correspondence regarding Sun Oil Refining, requested
amended disapproval from the Building Department.
IV. UPDATES
LEGISLATIVE COMMITTEE cancelled for Thursday August 9~ 1990.
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
. James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOtt' L. I-IARR1S
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3954:
Matter of PHILIP SALICE. Variance to the Zoning Ordinance,
Article III A, Section 100-30A.4 (100-33), Article XXIII,
Section 100-239.4 B, for permission to construct an accessory
shed and deck with gazebo. Accessory shed'is less than 3ft.
from a lot line, gazebo is located in the front yard and the
gazebo and deck are less than 75 ft. from the bulkhead.
Property Location: 1945 Bayview Avenue, Mattituck, County tax
Map No. 1000,. Section 106, Block 06, Lot 37.
WHEREAS, a public hearing was held and concluded on
July 25r 1990 in the matter of the Application of PHILIP SALICE
under Appeal No. 3954; and
WHEREAS, at said hearing all those who desired to be heard
h~rdand their tast/mony r~cor~ed; and
WHEREAS, the Board Members have personatl~ri~wed ~nd are
familiar with the premises in question, its present zoning, and
~he surrounding ar~as; and
Sid~
the Suff¢
06, Lot 37.
WHEREAS, the Board made the following findings of fact:
1. premises in .o~ is located
Mattituck and
2, This is an applicationfor Variance~
Code Article III A, Section i00-30A.4, Article XXIII,
100-239.4 B, for permission to construct an ac~ amd
deck with gazebo. Accessory shed is less than 3
lot line,'the fazebo and deck is located in the front~ard and
is less than 75 ft. from the bulkhead.
Page 2 - Appl. No. 3954
Matter of ~ILIP SALICE
Deci ~ion rendered August 8, 1990
3. As of July 25, 1990 the application of PHILIP SALICE
has been amended, the shed has been moved and is no longer
within 3 feet from the property line, the applicant does not
require a variance from this Board.
4. Article XXIII, section 100-239.4 B, Notwithstanding
any other provisions of this chapter, the following setback
req%uLr~aea~s.~altappt¥~o ~lbuitdiagsl~oa~ed on lots
adjacent to water bodies and setlands: B. Buildings located on
lots upon which a bulkhead, concrete wall, riprap or similar
structure exists and which are adjacent to tidal water bodies
other than sounds shall be set ba6k not less than seventy-five
(75) feet from the bulkhead.
5. In considering this application, the Board finds and
determines;
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
puruse; and placing the proposed gazebo and deck in any other
location on the premises will require other variance relief;
(c) that the area chosen for the gazebo and deck is not
unreasonably located;
(d) t~a~ the variance will not in turn cause a substantial
effect on the safety, health, welfare,, comfort, convneinece
and/or order of the ~own;
(e) that in carefully considering the record and all the
~hove factors .the interests~of justice will be served by
granting the variance, as applied and conditionally noted below.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Goehrigner, it was
Page 3 - Appl. No. 3954
Matter of PHtL/~ SALICE
Decison rendered August 8, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of PHILIP SALICE as applied under Appeal No. 3954,
AND SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the gazebo and deck (platform} construction be
locat~das~owaonthe1990.
2. That the application for an accessory str~cture
was'- amended so that the building will not be any closer than 3
ft. from the property line. (Variance for accessory building not required.)
3. Any and all lighting must be shielded to the property
and not adversely affect other properties in the area. ~
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Members Sawicki and Grigonis due to serious
illness.) This resolution was duly adopted.
GERARD P.
CHAIRMAN
APPEALS BOARD I~BHRS
Gerard P. Goehringer, Chairman
Charles Grigonis, Ir.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
7
SCO'r~' L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~1823
Telephone (516) 765-1800
ACTION OF THEBOARD OF APPEALS
Appl. No. 3952
Matter of BRUCE & TERESA BLAKSO. Special Exception to the
Zoning Ordinance, Article III, ~ection 100-31 B(14}, for
permission to have an accessory apartment. Proposed apartment
in an existing one-family dwelling which will contain less than
1,600 sq. ft. of livable floor area. Property Location:
23 Middleton Road, Greenport, County Tax Map No. i000, Section
40, Block 5, Lot 9.
WHEREAS, a public hearing was held and concluded on
June 27, 1990 in the matter of the application of BRUCE & TERESA
BLASKO, under Appl. No. 3952; and
.W~R. RRAS, at said hearing all, g hose who desiro~ to be heard
were aeard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
Ism.ii,ar with the premises in question, its ~resent zovqng, and
2the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the west
side of Middleton Road, Hamlet of Greenport, is identified on
-the Suffolk County tax Maps as District 1000, Section 40, Block
5, Lot 9, and contains a total lot area of approximately 10,500
square feet.
2. This is an application for Special Exception fromthe
Zoning Code, Article III, Section 100-31B (14), for approval of
an accessory apartment in an existing one family dwelling. It is
noted that the proposed livable floor area of the accessory
apartment will contain 758 sq. ft. of livable floor area.
Page 2 - Appl. No. 3952
Matter of BRUCE & TERESA BLASKO
Decision Rendered August 8, 1990
3. Article III, Section 100-31 B (14D provides as
follows: One (ID accessory apartment in an existing
one-family dwelling, subject to the following requirements:
(aD The accessory apartment shall be located in the principal
building, (b) the owner of the existing dwelling shall occupy
one (1) of the dwelling units as the owner's principal
residence. The other dwelling unit shall be leased for
F~ar-~D]~n~z~n~p~nn¥, ~videnced ~y a~rittenl~ase a te~, of one
(1) or more years. (cD The existing one-family dwelling shall
contain not less than one thousand six hundred (1,600) square
feet of livable floor area. (d) The accessory apartment shall
contain not less than four hundred fifty (458) square feet of
livable floor area. (eD The accessory apartment shall not
exceed forty percent (40%) of the livable floor area of the
existing dwelling unit, etc.
4. Based upon the plans furnished, as prepared by
Fairweather/BrownArchitects/Designers dated November ll, 1989,
the livable area of the first floor would contain 758+- sq. ft.,
and the second floor livable area (proposed for the accessory
apartment used would contain 637+- sq. ft. The entire existing
dwelling structure presently contains a total livable floor area
of 1,395+- sq. ft.
5. In ~onsidering this application, the Board finds and
dete~.ines thatit is without authority to grant a Special
Exception use where the project dOes not meet all of the
requir~ements 9f the Zoning Code.
-District, SubseCtion B, which referee' to those uses permitted by
Special Exception, the same as Section 100-31B, subject to
specific requirements incorporated therein. In which case by
denying this applicationit will not set a precedent for further
applications that may follow before this Board.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, to DENY, WITH PREJUDICE, the request a Special
Exception in the matter of the application of BRUCE & TERESA
BLASKO as applied under Appl. No. 3952.
Page 3 - Appl. No. 3952
Matter of BRUCE &TERESA BLASKO
Decision rendered August B, 1990
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Absent were: members Sawicki and Grigonis due to
i~t~ss.) This resolution was duly adopted.
/0
Southold Town Board of Appeals
SPECIAL ~E~T~:~: August 8, 1990
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Doreen Ferwerda
Board Secretary