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HomeMy WebLinkAboutZBA-11/29/1990APPEALS 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 SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 M I~N U T EiS REGULAR MEETING THURSDAY ~ NOVEMBER 29, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, NOVEMBER 29, 1998 at 7:30 o'clock p~m. at the Southold Town HalI, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge Doyen, Jr., Member Charles Grigonis, Jr. and Member James Dinizio, Jr. (Absent was: Member JoSeph ~. Sawicki.) Also present was Board Secretary Linda Kowalski, and approximately 40 persons in the audience at the beginning of the meeting. The court stenographer arrived at 8:00 p.m,, as requested, for recording and transcription of the hearings commencing at 8:05 p.m., and thereafter. The Chairmanopened the meeting at 7:30 p.m. and preceeded with the' following P~blic hearings. Verbatim transcripts of each hearing~has been prepared under separate Cover and attached hereto for re~erence. 7:30 p,m. Appl. No. 3972 - PETROL STATION. The hearing was opened and recesS~dwithout a date pending an alternative s~bdivision plan to he re-drawn by the Planning Board (without the necessity for variances, as originally referred to the ZBA). Southold Town Board of Appeals -2- November 29, 1990 Regular Meeting NEXT SPECIAL ~EETING: ~otion was made by Chairman Goehringer, seconded by Mr. Grigonis, and duly carried, to schedule Thursday, December 13, 1990 as the date for the next (Special) Meeting of this Board to coi~,ence at 7:00 p.m. PUBLIC HEARINGS from tonight, continued.: 7:37 p.m. - ApPi. No. 3985 - HERBERT AND CAT~E~NE LINDVEIT. 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. 7:50 p.m. Appl. No. 3988 - A~ONIO VANGI. (After testimon, y was received, the Board agreed to recess the hearing until the January meeting, as requested by'the applicant's agent. 7:55 p.m. Appl. 3987 H & S ASSOCIATES. 8:05 p.m. Appt. No. 3977 - BETTY J. COPIN. 8:30 p.m. Appi. No. 3983 JANET~ALONEY. 8~35 p.m. Appt. No. 9981 PHYLLIS RAYNE BYER. (The Chairman opened the hearing after reading t~e legal notice. No one spoke either in behalf of or against the application, and the Board agreed to recess the hearing without a date as requested by the applicant in order to consult an attorney.) 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZQ. During the course of the hea~ing, the Board asked the applicant to furnish Saturday, December t5, i990, atwhich time the neighbors were welcome. 9:40 p.m. Appl. No. 3955 - SBLE~DIDO & A. AURICCHIQ. During the course o2 thehearing, the Board'asked that'an original survey of the original house [before it was removed~), be furnished. ['AlSo, the building plans for the first submission and second s~bmission were loaned to ~. Cardinale for Southold Town Board of Appeals -3- November 29, 1998 Regular Meeting Pb~LIC HEARINGS, continued: duplication and are expected to be ~eturned soon.~ Marie Ongioni, Esq. asked that she be given an opportunity to respond to M~. Cardinale~s co~L~,ents and the survey when submitted, before the Board seals the record. 10:30 p.m. Appi. No. 3788 - SUN REFINING & MARKETING. 11:35 p.m. AppI. No. 3975 - ARTTU3RG. C~iLSON. Motion was made by Chairman Goehringer, seconded by Mr. Dinizio, to recess the hearing without a date as requested by the applicant for legal representation before concluding the hearing. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Member sawicki was absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: (Continued on Pages 4-9, supra). Southold Town Board of Appeals -4- November 29, 1990 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3938: Matter of the Application of VILLAGE MARINE for Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 100-11iC(1), Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly (rear) property line, maintaining the nonconforming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 15.1. At a Meeting of the Zoning Board of Appeals held on November 29, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, this project has received conditional approval f~om the Southold TOwn TrUstees andhas receiveda~Negative DeClaration~ under the N..Y.S. Environmental Quality Review Act (SEQRA) by' the Town TruStees for this pro}ect; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a) removal of an existing 36' by 26' metal building~presently located at the rear {east} of the principal building and in Southold Town Board of Appeals -5- November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued:) place thereof a proposed 60 ft. by 40 ft. additionr and (b) proposed boat rack of a size 11 ft. by 102 ft. {1122 sq. ft. ground area}. The outside area of the site, as well as the existing metal building, has been uses for the service, maintenance and/or repair of boats docked at the owner's marina facility, and the addition would encompass the same activities. The boat rack is proposed to compactly store boats which are presently stored for serviCe or repair about the site. The placement of both the addition and the boat rack storage structure will not meet the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, contains a total upland area of approximately 23,645 square feet, and total area as s~own on the Suffolk County Tax Maps and assessors records of 39,640+- square feet. 3. The subject premises is located in the'Marine I (M-I) Zone District and is and has since prior to the enactment of zoning in 1957 been used for outside boat storage~ as well as marina uses, retail uses, engine and boat repairs, servicing, maintenance, sales to the general public, incidental office use,. and other related marina uses, and uses accessory thereto. 4. ~e premises is bounded on the north by a gasoline service station: Oh the west by a town rOad(BaY Avenue; and a bank;~ .ion the east by a real estate office General BUsiness ~B) z0ne~District and partly by a right-of-waywhich is in the R-40 Residential Zone DiStrict; on the south by the existing marinaatJames Creek. The gasoline the n~rth side is also located in Marine I (M-I) ZOne DistriCt as well as that area abutting to the south of the subject parcel. 5. The as proposed, are plan and Wieber, Architects, lastly 18, 19 ~he setbacks for the proposed addition are: (a~ 28.6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3.0 feet, maintaining the same northerly side yard setback as the existing building(s); (d) 20+- feet to its closest easterly rear property line; (e) 63+- feet Southold Town Board of Appeals -6- November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued:) to the furthermost easterly property line, along land referred to as "R-Q-W." 6. The principal building and 36' by 26' metal building, are shown to be set back, as exist since prior to the enactment of zoning: (a) from the southerly bulk~head 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest point 80+- feet; 49+- feet to the existing metal building from the easterly proPerty line. '7. The size, width than size and parking on this January 9, ~ the number the current zoning code for total lot that although there have been seven for thecurrent uses and building area regulations, as amended for different methods of calculating and the landscaping areas for newly established businesses or new uses. Any business, building or uses whichh:ave not been established prior to these amendments would apply under the new regulations, and. those that have preexisted these regulations are permitted to continue without a mandate to cOmplYwith the new regulationsr provided there is no expansion or modified use. 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the Same services and repair activities ~hiChhave been conducted at the site in both the existing metal building Southold Town Board of Appeals -7- November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued:) and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: t. will provide a protected and heated area for the employees to service and make repairs; 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made available for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3. will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (C) the uses and the property as now exists, and has existed in the past, dO not violate zoning, have been legally estabtished~at the'site, and are not prohibited under the zoning regulations from continuing; were adopted subs( the Master Plan and Zoning Amendments the establishment of this property 9. In addition to hou~eexis use or boat storage area, ard for the building an expansion of (a) the setbacks of the addition, as proposed, are not excessive as compared to the existing established setback to the bulkhead at the southwesterly corner of~ the principal building;, however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements~ $outhold Town Board of Appeals -8- November 29r 199Q Regular Meeting (Appl. No. 3938 - Village Marine decision, continued:) 9. (b) the unique characteristics of the land and its limited buildabte upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at t~e site; (d) if the variance for the addition were net granted, the same uses and services are allowed to continue and the effects of limited parking and landscaping or aesthetic effects on the surrounding area would not be enhanced except by voluntary abandonment by the property owner over which the town has no control; (e) the addition will not, in the board's view, be harmful aesthetically or be substantially adverse to public health, welfare or safety of the community. (f) strict compliance with the zoning ordinance, as amended January 9, i989 in the Master Plan Update, will cause practical difficulties since there is no other ~lternative to pursue, without a variance; (g) the relief, as alternatively granted, is not unreasonable and is the minimum necessary; ~h~ the relief, as alternatively granted, will not alter the essentialcharacter of this waterfront business and residential co~.~unity; (i) attempts to improve the utilization of the premises are hindered due to the unique characteristics of the land; and sufficient proof has been demonstrated to shew practical difficulties in the use and p~opesed improved development ~fhis property necessitating the variance for the subject proposedaddition; (j) the interests of justice will best be served by granting a varianoe, as alternatively noted below, for an addition to the proposed building. Southold Town Board of Appeals -9- November 29, 199.0 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued:) (k} the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, comfort, convenience, and order of the town; (t) the addition and its use thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WIT~OUT PP~3UDICE, the relief requested for an unenclosed boat rack storage structure of a size 11.0 by 102.0 feet, as applied; and RESOLVED, to alternatively APPROVE a 60 ft~ by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and-as more particularly shown on the plan prepared by GlueCkert & Wieber, Architects, lastly dated October 18, i990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, i990 plan; 2. Ten ~I0) on-site parking spaces shall be provided, which must remain open a~d unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who ~bstained in this matter.) This resolution was duly adopted. Southold Town Board of Appeals -t0- November 29, 1998 Regular Meeting /Approved - December I ,~ ' There being ne other business properly c~ming before the Board at this time~ the Chairman declared the meeting adjourned at 11:55 o~clock p.m. Respectfully s~hmitted, --/Linda F. Kow~iski Board Secretary Southold Town Board of Appeals RECEIVED AND FrLED BY TH~ souTHoLD TOWN CLERK Town Clerk, '~8~h