Loading...
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