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Home My WebLink AboutZBA-10/17/1996APPEALS BOARD MEMBERS Southold Town Hall Gerard P. G0ehringer, Chairman 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ,~- Fax (516) 765-1823 Lydia A. Tortora Telephone (546) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, OCTOBER 17, 1996 I. 7:20 p.m. Work Session. General reviews by board members of office files - as listed on the agenda for this evening. (No Action taken) II. 7:30 p.m. Regular Meeting. Chairman called the regular session to order. A Regular Meeting of the Southold Town Board of Appeals was made on THURSDAY, OCTOBER 177 1996 commencing at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia Tortora, Member Linda Kowalski, Conf. Secretary III. ENVIRONMENTAL QUALITY REVIEW noted as follows: Designation of aH applications as Type II Actions under SEQRA, according to the State list, was confirmed for all applications tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, waivers due to established deeded lot lines, and similar regulations pertaining to new buildings, structures, and residential uses. See resolution, page 15. IV. PUBLIC HEARINGS. The following public hearings were held. The Chairman read the legal notice for each particular hearing before requesting testimony or comments. Please see verbatim transcript of hearing prepared under separate cover for reference as needed. The Transcript of Hearing is also being filed with the Town Clerk's Office with this set of Minutes. 7:30, and again at 8:01 8:07 p.m. ApPl. #4407 - HUGH and ROSEMARY MURPHY. (This was a carryover). Mrs.. Diane Herold, Architect, appeared with the-applicants. Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to recess between 7:35 and 8:01 p.m. in order to give the architect and her clients time to reconsider the plan before the board. (See verbatim transcript of statements and questions during hearing, prepared separately.) After discussions, the hearing ended at 8:07 p.m., see page 10 hereof for Board action taken. Page 2 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings PUBLIC HEARINGS, continued: 7:35 - 7:52 p.m. Appl. #4423 - ARTHUR FOSTER. Variance for substandard lot depth at less than 250 feet (and substandard frontage width) along Cox Neck Road), proposed Lot #2 in this proposed cluster d/vision. W/s Cox Neck Road, Mattituck. (See verbatim transcript prepared under separate cover for statements made.) After discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, .to close (conclude) the hearing, attending to deliberations and a decision possibly later (after other hearings). 7:53 p.m. POSTPONEMENT. Appl. #4410 GARY SACKS and A. SCHLESINGER. Variance for approval of proposed setback of deck addition to dwelling which will be located within 75 feet of bulkhead (and for approval of deck at the northerly side yard). Attorney Borelli requested postponement until November 14, 1996 Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to postpone the hearing until November 14, 1996. 7:53 7:54 p.m. HEARING POSTPONED: HENRY TRAENDLY's request for approval of excessive height for an existing berm-fence combination along front yard at 13220 Main Road, East Marion. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to postpone (continue) the hearing until November 14, 1996. 7:54 - 8:01 p.m. Appl. #4425 - GISELA MORCHEL. Special Exception for Accessory Bed and Breakfast for renting of three bedrooms and serving breakfast to not more than six transient roomers. 26405 Main Road and Crown Land Lane, Cutchogue. Mrs. Morchel appeared and spoke in behalf of her application. Members Dinizio and Villa requested a better parking plan to avoid backing out onto any street. Motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to postpone the hearing until November 14, 1996 pending receipt of a better parking plan. 8:01 8:07 p.m. HUGH MURPHY hearing reconvened, and after discussions, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to declare the hearing closed (concluded). 8:07 - 8:33 p.m. Patricia Moore, Esq. Appl. #4427 - WILLIAIYl P. SCHOLL. Waivers are requested for three substandard lots, each with an existing dwelling, which have joined due to common ownership after 7/1/83 at Bungalow Lane and Center Street, Mattituck. Franklin Scholl appeared with his attorney; P. Moore. (See verbatim transcript of hearing statements made, prepared under separate cover.) After discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the hearing closed (concluded), reserving decision and deliberations until later. 8:33 8:55 p.m. Appl. No. 4422 - D & D CYCLES, INC. as TENANT. (Pudge Corp., Owner). This is a reqflest for a Special Exception under Page 3 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings Article XXIII, Section 100-131B(8) for permission to sell, ~vith temporary outdoor display of "marine items" (ref: Section 100-239.6), relative to Unit #8 at 22355 C.R. 48, Cutchogue, NY; Portion of Parcel #1000-84-1-26.3. William Droskoski, tenant, appeared in behalf of this application. The applicant indicated that the property is in a "receivership ~nd William Kelly is the Receiver for Pudge Corp.) Maureen Tuthill, representing a private organization known as the North Fork Environmental · Council, opposed the application for the reason that the Council felt outside dis~olay and sales may require a code change, and they felt it was not permitted by Special Exception. Recently there were discussions at work sessions before the Planning Board concerning outdoor display, and a memorandu~ was received from the Planning Board addressing the parking spaces alopHcable to the building uses. Mrs. Kelly who was in the audience regarding her own application, suggested that the Board consider allowing D & D Cycles to temporarily use a couple of the vacant parking spaces until the units are filled. (Also, see verbatim transcript of hearing statements made, prepared under separate cover.) After discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the hearing closed (concluded), reserving decision and deliberations until later. 8:55 - 9:00 p.m. A temporary break was taken. 9:00 p.m. The regular meeting reconvened. 9:00 - 9:12 p.m. The hearing in the Matter of D & D Cycles reconvened. Maureen Tuthill of the NFEC spoke against the application, particularly for retail sales and accessory display of 3' x 6' watercraft. Arthur Foster spoke indicating the frustration with the public during bureaucratic processes, and when you ride down the North Road (County Route 48) and note products for sale. (See verbatim transcript for actual statements made, prepared under separate cover and filed with the Town Clerk's Office for reference.) RESOLUTION: At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to close (conclude) the hearing record, pending deliberations and decision possibly later. 9:12 - 9:43 p.m. Deborah Dory, Esq. Appl. #4426 JANET SWANSO.N, TRLTSTEES for VI~RGINIA . MOORE-MOSS. Waiver requested for two substandard lots which have joined' (or will join ~pon recentI c0nveY~ance by Estate) into common owner~kip after 7/1/83 at Hyati Road, S0~u(hold. Deborah Dory, attorney for the Estate, appeared in behalf of'~thi~ appl:ieation with Janet Swanson, Executrix. Several residents spoke against this application.. (See v~rbatim transcript of actual statemer~ts made, prepared under separate cover and also filed with the Town Clerk's Office for reference.) RESOLUTION: At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and d~fly carried, to close (conclude) the hearing record, pending deliberations and decision possibly later. 9:43 - End of hearings. Page 4 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings Gnozzo, as Owners.) Re-opening of hearing which was closed July 24, 1996 for further factual information from applicant, et cetera. Request for Variance based upon the June 3, 1996 Bnilding Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance, due to discontinuance of former nonconforming use as a service station with gasoline sales evidenced by issuance of a Certificate of Occupancy. The grounds for which the June 3, 1996 action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; Parcel No. 1000-45-3-2. Property Size: 5+ acres. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to POSTPONE the hearing until February 6, 1997 in the Matter of the Application of DAVID DEFRIEST. Vote of the Board: Ayes: All. This resolution was duly adopted. * * BRIEF REMINDER (DISCUSSION): MERGER LAW AT SEC. 100-25, 100-26 TO ADD MORE EXCEPTIONS AND STRICTER WAIVER STANDARDS. Due to the differences of opinions from each ZBA member, the Board Secretary indicated, she would send a response to the Town Attorney to show the different concerns and opinions, in a synopsis. The Board Members agreed, however, further discussion and recommendation by Board Members would continue at "committee sessions" at a date to be scheduled by the Chairman of the Code Review Committee of the Town Board. The ZBA Chairman indicated that further ZBA discussion would continue at our November 14, 1996 meeting, and shall include: a) Member Tortora and Chairman Goehringer indicated they would like to discuss a 20,000 sq. ft. lot size .limitation When the lot is vacant; b) Member Villa indicated he would be interested in a ~ast track review procedure by the ZBA, without the need for a public hearing c) Members Doyen and Dinizio disagreed with both items (a) and (b) above. Both Members indicated that different ,circumstances apply in each instance, and lot size should not be included ff the applicants are able to meet other agency approvals and requirements of law. Also when the ZBA is involved, a public hearing is always required and it was their opinion that there is no available legal way to "fast track" approval or denials. RESOLUTIONS/REMINDERS: 1. On motion by Member Doyen, seconded by Member Dinizio, and duly carried, it was RESOLVED, to authorize the advertising of new (complete) applications for next Regular Meeting and Hearings for Thurs., November 14, 1996: Page 5 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings 7:30 p.m. Appl. No. 4425SE GISELA MORCHEL, Owner. {Carryover hearing for a proposed Accessory Bed and Breakfast Use at Main Road and Crown Land Lane, Cutchogue.) 7:32 p.m. Appl. No. 4435 - RUTH W. BOEHLING and R. WRIGHT. This is an Application for a Variance based upon the October 16, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Vacant Land: 180 Custer Avenue, Southold, NY, 1000-70-8-30, which adjoins applicants' house at 290 Custer Avenue, 1000-70-8-31. Also shown on the Map of Fairview Park, Section One situate on Pine Neck, approved by the Southold Town Planning Board on 8/1/1961. 7:35 p.m. Appl. No. 4431SE - NORMAN WHITEHEAD, Owner. This is an Application under Article III, Section 100-31B(15) for a proposed Accessory Bed and Breakfast Use in conjunction with his residence at 14909 Main Road, East Marion, NY. This Bed and Breakfast Use must be accessory and incidental to the owner's residence at this property, and is limited to the rental of three bedrooms within the existing residence and serving of breakfast to no~ more than six casual and transient B&B roomers. Property ID: 1000-23-1-2.3. Also referred to as Lot #1 on Minor Subdivision approved by the Planning Board on or about 11/24/80. 7:40 p.m. Appl. No. 4421 - HENRY TRAENDLY. This is an application based upon the July 12, 1996 Action of Disapproval by the Building Inspector, in which applicant is requesting approval of berm with fence "as built," at a total height above the four feet limitation of Article XXIII, Section 100-231, for this front yard area. Property known as 13220 Main Road, East Marion, NY; Parcel ID ~1000-31-14-12. 7:45 p.m. Appl. No. 4434 ROBERT TURNER. This is an application based upon the October 10, 1996 Actions of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, and under Article III, Section 100-33C, in which applicant is requesting approval, either as a new ~ermit or as. an amendment to Building Permit #15772 based on the sketch submitted for approval by the Building Inspector in March 1987, concerning the deck addition within 75 feet of an existing bulkhead adjacent to a tidal water body, and the front yard accessory shed, as built. Location of Property: 1200 West Lane, Southold, NY; Parcel ID ~1000-31-14-12. 7:50 p.m. Appl. No. 4433 - FRANCIS & CHRISTINA DOYEN. Tkis is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: ROW off 'Hedge Street, Fishers Island, NY; Parcels as combined now known as ~1000-10-7-26.1 (formerly 17 and State-owned land without a County #). 7:55 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE. This is an application based upon the Septembe} 23',"1996 Action of Disapproval by the Page 6 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized 10ts held in common Ownership. Location of Property: Vacant land known as 130 Sunset Lane, Greenport. County Parcel ID 01000-33-4-69 which adjoins applicants' House referred to as #160 Sutton Place (1000-33-4-70). 8:00 p.m. Appl. No. 4424 - EILEEN MORINI, Owner. This is an application based upon the June 27, 1996 Action of Disapproval by the Building Inspector under Article III, Section 100-30A.3, for a deck addition, as built, due to an insufficient rear yard setback, at 2110 Cox Neck Road, shown on the Subdivision Map of Tollewood, Mattituck, NY; County Parcel #1000-113-10-2. 8:05 p.m. Appl. No. 4443 - MARIE TOBER, Owner. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Article II, Section 100-25A. Applicant is requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: Vacant land known as 100 Wood Lane, Greenport. County Parcel ID ~1000-4-4-33 which adjoins applicants' House at #55 Inlet Lane, Greenport, NY (1000-43-4-38). 8:10 p.m. LONG ISLAND LIGHTING COMPANY, concerning premises presently owned by STYPE BROS. REAL ESTATE, INC. referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot 02 consisting of 35,798 si. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. 8:15 p.m. Appl. #4436 - JOSEPH and MAUREEN FRAZZITTA. This is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4(B), in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet the minimum required total side yard setbacks (35 feet), per Article XXIV, Section 100-244. Location of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed in 1927; County Parcel ~1000-92-1-6, containing 21,772 sf. 8:20 p.m. Appl. #4401 DAVID DEFRIEST, Tenant. (and Mr. and Mrs. Joseph Gnozzo, as Owners.) The Board, on its own motion, re-opens the subject hearing closed July 24, 1996 for. further factual information from applicant, et cetera. The applicant is requesting a Variance based upon the Page 7 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance based upon tenant's application to the Building Inspector for a car rental business. The Variance shall also address the proposed outdoor yard area for showing of vehicles for rent in an area to be designated under this use variance, if allowed. The grounds for which the June 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. VOTE OF THE BOARD: AYES: All. This resolution was duly adopted. * * OTHER/REMINDERS: 1. Board Member Inspections were confirmed to be on or about Nov. 1st, if possible. 2. December 12th Hearings caiendar was given as a reminder. 3. Planning Committee Meeting - none scheduled as of today. 4. Code Review Committee Meeting: none scheduled as yet. DELIBERATIONS/DECISIONS: Board deliberations and actions, continue on the following pages. Page 8 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings DELIBERATIONS. Appl. No. 4402 - BARBARA P. KELLY. GROUNDS OF REQUEST are from the Building Inspector's Notice of Disapproval issued July 8, 1996, under Article II, Section 100'25A Merger Law, pertaining to an "...application dated May 7, 1996 for a permit to construct single-family dwelling. Lots 28 and 29 held in common ownership at some time since July 1, 1983 .... " TYPE OF REQUEST: Waiver under Article II, Section 100-26. Motion offered by Member Villa as follows: (The following is a RESOLUTION, which was LOST when voted upon.) REASONS FOR DENIAL OF WAIVER: l. A grant of this application would set a precedent because there are Fifteen (15) other lots, more or less in the vicinity of thi.~ property are left to be split off. 2. Ground water effects of 15 other lots would compound water problems in this sensitive area. 3. Land use problem for the whole area; building on vacant lot of this size would cause congestion and variances from zoning codes and possibly other agency codes. 4. Town is trying to eliminate nonconforming situations and encourage overall conformity. ADDITIONAL reasons for denial offered by Member Tortora, would also seconded the motion: 5. The applicant did not submit a copy of map showing all lots on Skunk Lane with simHar circumstances related to their lands. 6. This was the smaliest, and 45% of the lot sizes meet the code. 7. The grant of a waiver is to be granted ouiy if consistent with other lot sizes in the neighborhood. 8. The grant of a waiver will increase the potential of 15 other substandard lots in this area for the same purpose. 9. No other documents were submitted to substantiate the applicant's attempt to avoid hardship. VOTE OF THE BOARD: Ayes: Members Villa and Tortora. Nays: Members Doyen, Dinlzio and Goehringer. This resolution was LOST. See next page for further RESOLUTION and DELIBERATIONS. Page 9 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings Appl. No. 4402 · ACTION OF THE BOARD OF APPEALS DATE OF ACTION: October 17, 1996 APPLICANT: BARBARA P. KELLY LOCATION OF PROPERTY: 7475 and 7425 Skunk Lane, Cutehogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 29. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued July 8, 1996, Article II, Section 100-25A Merger, pertaining to an application dated May 7, 1996 for permit to construct single-family dwelling. Lots 28 and 29 held in common :ownership at some time since July 1, 1983 .... " TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR GRANT OF WAIVER: 1. Applicant was separated from her,husband (since 1973) and was unable to convey ~tIe ~to different names until 1/1996. 2. The. two, lots were created as separate parcels Ju~e 9, 1954 and April 16, 1948 at IAber 2372 p. 76 and Liber 2818 p 275 respectively. 3. Town of Southold issued single tax bills for each parcel since lot creation dates. 4. gonin~ adopted by Town 4/23/57 ~(merger law was not added to the zoning code untl~ 'JanUary 1~989, although du~~ t° ~ourt precedents the town enforced the in ~bout 19g1-1983 for many nOnconforming lots. 5. In 1! showing these parcels, separately. 6. Only Lot 28 single-famil~ 7. These lois are Shown on the filed Subdivision MaP of Nassau Farms and it was the intent to separate lots for future building, 8. Thc surrounding area ~. consists of lots similar in size. 9. A the lots in. this entire subdivision have been built upon. 1(I. The grant of this' waiver will not set a precedent to require approval of any other lots in this area due to the standards which must be met by law and the case at hand~ at this time, are under different circumstances. 11. This waiver wilt a¥oid economic hardship by the property owner and there is no substantial economic hardship created to nearby lot owners. 12!. The natural de~s and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be .filling of ~he natural la~ area affecting nearby environmental or flood areas, or neighboring properties. 13. The use increase by this particuIar waiver is for one ~welling. MOTION MADE BY J. Dinizio SECONDED BY S. Doyen. ACTION/RESOLUTION ADOPTED: Waiver granted as applied. VOTE: Ayes: S. Doyen, G. Goehringer, J. Dinizio, Jr. Nays: Lydia A. Tortora; Robert A. Villa. This resolution was duly adopted (3-2). Page 10 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings ACTION OF THE BOARD OF APPEALS DATE OF ACTION: October 17, 1996 APPL. #4407. APPLICANT: HUGH and ROSEMARY MURPHY LOCATION OF PROPERTY: 3105 Oaklawn Avenue, Southold. COUNTY TAX MAP DISTRICT 1000 SECTION 70 BLOCK 6 LOT 8. BASIS OF APPEAL: Notice of Disapproval issued by the Building ln.qpector dated 7/18/96 issued by Thomas J. Fisher, Sr. Building Inspector for pro- posed reconstruction of dwelling plus porch addition (which porch addition shown on survey of February 6, 1996 was conditionally granted to an "existing dwelling" and not for total reconstruction). All setbacks of new reconstruction do not meet minimum requirements of the Zonln~' Code, including: front yard, side yard, bulkhead setbacks, and rear yard f~etback, all as shown on survey amended July 23, 1996. PROVISIONS APPEALED FROM: Article XXIV, Section 100-244 and Bulk Schedule (Other Zoning Setbacks). RELIEF REQUESTED: Reconstruction (and relocation) of entire principal dwelling/building utilizing porch addition which was the subject of a recent variance as part of the new footprint after the removal of existing building, and increasing ground area square footage from 1521 sf to 1915. REASONS: As an area variance, the request is not the minimum available to afford relief. The Alternative Relief noted below will increase the existing setbacks from the bulkhead areas and sensitive waterfront areas, without adversely affecting the opposite (front) yard areas. The grant of a larger dwelling area, compared with the plan considered 4/2/96, is the proposal of the applicant: 1915 sq. ft. as compared with the existing 1306 sq. ft. area (exclusive of accessory buiIding). MOTION MADE BY: G. Goeh?inger SECONDED BY: L. Tortora ACTION/RESOLUTION ADOPTEI~: DENIED request, Under survey amended 2/6/96 and 7/23/96, for36 ft. front setback at: (~akl~wn A~e., 13{t. and 14 ft. bulkhead setbacks from the two (south and existing ? ft, bulkhead Setback (at the northeasterly ALTERNATIVE RELIEF for: 1. Proposed principal building at the most northerly bulkhead shall be not less than that shown on the 7/23/96 survey - which shall be confirmed in a final survey with the other setbacks noted below); when using a ruler, the distance is shown to be 26+- feet, and the architect at the hearing indicated she thought it was 19 feet; 2. Request of 36 ft. setback from westerly front property line may be reduced to 30 feet, or alternatively reduce the building envelope for the principal building, to meet the required greater setback from the easterly bulkheaded areas at not less than 21 feet; Page 11 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings (H. MURPHY decision, continued:) 3. Request of 15 ft. shown on July 23, 1996 survey shall be increased by six feet, and shall be not less than 21 feet from the easterly bulkhead at this point (and 19 feet at the southeasterly corner of the bulkhead at its closest point); 4. The proposed new- footprint (building envelope for a principal building) must be redrawn accurately on a survey, and rearranged to meet the above setbacks. Certain areas of the building, i.e. the original proposal for an attached garage is to be eliminated to meet this requirement. 5. Applicant has agreed to submit fined survey showing the above setbacks and footprint of the principal building before obtaining a building permit, to confirm the details of the requested, and alternative variance details. (Note: There was no application or sketch map for placement of an accessory building at this time, and the Board will consider such an application when the owner files a future application for proper ZBA jurisdiction, after notice required by law, et cetera. ) VOTE OF THE BOARD: AYES: Members Doyen, Villa, Tortora, and Goehringer. NAY: Member Dinizio, who felt that this application was a greater variance than the original application and did not merit approval for a larger building. This resolution was duly adopted (4-1). * * Appl. #4423 ACTION OF THE BOARD OF APPEALS APPLICANT: ARTHUR FOSTER. 1000 li3-7-19.14 PROPERTY LOCATION: W/s Cox Neck Road, Mattituck. - _~ (formerly 14 and 32, as combined into one parcel as of this date). BASIS OF APPEAL: August 21, 1996 Action of Disapproved by the Building Inspector, Article IIIA, Section 100-30A.3. RELIEF REQUESTED: Proposed Minor Subdivision Map for Arthur P. Foster amended 9/25/96 for a proposed "cluster development" project, involves code relief for (a) proposed Lot ~1 containing 80,000 sq. ft. including right-of-way; (b) Lot #2 having an existing insufficient lot depth of 201.13 feet as exists at the new division line bordering both Lots ] and 2, and 50 feet at the most easterly property line alertg Cox Neck Road. (c) Lots #l and ~2 each do not have 175 ft. of lot widIh {frontage] on a town street; Lot #2 consists of a lot area of 2.3395 acres, including right-of-way. (d) the front yard setback was accepted as submitted to locate a a principal building at 80 feet from the souther]y property line and 30 feet from the closest point of the right-of-way easement area. (Further Notation: The insufficient side yard setback for the building envelope in Lot #2 was amended by applicant to conform to the bulk schedule Page 12 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings (A. FOSTER, decision, continued: ) in an R-80 Zone in the event reduction was not allowed under Section 100-181C-3. The dwelling on Lot #1 exists and the placement of a division line does not create a nonconforming setback at the easterly yard, and the north, wesT, and south setbacks exist. For the record, it is also noted that applicant has proposed dedication of 20,959+- sf. of land to the Town of Southold for drainage purposes, which land area is excluded from Lot #2. MOTION MADE BY: L. Tortora SECONDED BY: G. Goehringer ACTION/RESOLUTION ADOPTED: Approved as applied. REASONS/FINDINGS: 1. Total lot area of each parcel will be met. 2. The relief requested is minimal in relation to the character of this land and the surrounding areas. 3. No physical change in the location of the existing building will be necessary by the placement of this "division line." 4. There is no alternative available for appellant to pursue. 5. The difficulties are related to the layout of the land, and are not personal to the landowner: depth of this parcel from Cox Neck Road as a whole lot is 1231.22 feet from westerly-easterly borders, and the proposed north-south width is narrow for the first 258 feet from Cox Neck Road. The proposed depth of Lot #2 increases to 9.01.13 ft. at the westerly end, inclusive of the ROW easement. The frontage (width) of Lot #2 proposed along Cox Neck Road is 50.0 feet, although the lot widens to 104+- ft., and greater, as it extends to the west. 6. The character of the neighborhood will not be adversely affected, and the drainage area is proposed to be beneficial to the whole area. 7. No adverse physical or environmental effects will be produced on adjacent properties since the plan will continue to be in conformity with code. VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio, R. Villa, L. Tortora, G. Goehringer. This resolution was duly adopted (5-0). DELIBERATIONS/DECISION: WILLIAM SCtIOLL. Patricia Moore, Esq. was present while the Board deliberated. Member Tortora indicated she had no problem with existing dwellings, and Mrs. Moore agreed to later obIain a final survey (which was not available earlier to confirm the locations of the dwellings). Member Villa indicated that this waiver will clarify the issue, and it does not increase density at all. All Members agreed, and the fo]lowing action .was taken: Page 13 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings Appl. No. 4427 ACTION OF THE BOARD OF APPE^L~q 10/17/96 APPLICANT: WILLIAM SCHOLL, III LOCATION: 1340 Bungalow Lane, Mattituck. 1000-123-2-17.1, 17.2, 18. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued September 24, 1996 stating "...Under Article II, Section 100-25A(1) Merger, proposed constrUction for a dwelling on a non-conforming lot created prior to 1957 that has been held in common ownership with adjacent non-conformiug lots sometime after July l, 1983 .... " TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR G!~ANT OF WAIVER: 1. ]~ch of ~he three lots were created by separate deeds: by 9/1/1943 deed at 2~i~ p. 18; by 1213111946 deed at Liber 2665 p. 307; and by 6/411953 at L. 3533 237. 2. lo~s are virtually confirmed by current deeds. 3. ~a~ bills since lot creation dates. 4. (lot merger theory was strictly enforced since ~:iu the Town's zoning matters). 5. Each three ; are improved with single-family dwelling and separate water 6. N~ghborhood of lots similar in size. 7. The la~d change or alteration in contours or slopes, or sUbstantiai filling of .land. 8. There is no increase in' density by this lot waiver since the properties have been improved with single-family dwelling constrUction. 9. Most lots in this development have been built upon. 10. The land'~l not require change or alteration in contours or slopes, or filling Of land. 11. The use increase (density) created as a result of this particular waiver is zero, due to exisiing improvement of dwelling on each parcel. 12. The grant of thi.q Wa{vet does not set a precedent for other vacant lots due the unique circumstances and this case's land hi.qtory. MOTION MADE BY J. Dinizio SECONDED BY S. Doyen ACT/ON/RESOLUTION ADOPTED: as for 195' is ~ to single periods involved, and does not require a Waiver or other action from thin Board. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Lydia A. Tortora, Gerard P. Goehringer, James Dinizio, Jr., and Robert A. Villa. This resolution was unanimously adopted (5-0). Page 14 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings DELIBERATIONS]DECISION: Appl. #4422-SE APPLICANT: D & D Cycles, as Tenant LOCATION OF PROPERTY: Unit # 8 at 22355 C.R. 48, Cutehogue, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 84, BLOCK 1, LOT 26.3 ZONING CODE DISTRICT DESIGNATION: Light Industrial (LI) District. BASIS OF APPEAL: Section 274B of New York Town Law and Southold Town Zoning Code, Article XIII, Section 100-131B(8) which provides for certain marine uses, as well as many business uses (unrelated or related to marine activities or sale items). This tenant-applicant has been directed to file this Special Exception application pursuant to proceedings in Town Justice Court, and its requested use is in conjunction with an established workshop business zone use and accessory repair and display of items incidental to the workshop business. A limited, temporary outdoor display of marine items is specifically requested by applicant, although the town records show that the temporary display of other non-marine items related to the workshop business use is not inconsistent with the general wording of the code. RELIEF REQUESTED: Use for sales, repair, and temporary outdoor display of marine sport vehicles (known as "Polaris water sport vehicle," "Waverunner," or other comparable propellered or motorized marine vehicle). MOTION MADE BY: G. Goehringer SECONDED BY: J. Dinizio, Jr. ACTION]RESOLUTION ADOPTED: Granted as applied, with the following Conditions: (1) This approval will automatically and without further steps become null and void, and said use under this Special Exception shah cease, discontinue and be removed, when any one of the following events occur: (a) termlna- tion of lease or other agreement by the applicant-tenant (D & D Cycles, Inc. or William Droskoski], and]or (b) one-hundred (100%) percent occupancy of this complex; and (2) Four parking spaces, as requested, is denied for temporary outdoor display; and alternatively, the temporary outdoor displaY'shall be limited to that particular area requested'~ by applicant and shown on the sketch copy of the formerly approved site plan, for up to three (contiguous) parking spaces in front of the applicant's present Unit; (3) The temporary outdoor display shall not interfere with public access or egress and shall not restrict the public right-of-way or be placed in the minimum required landscape buffer areas. (Informational Note: As per Section 100-239.7, it is understood that in the event long-term outdoor display or storage is proposed at any time, site plan approval must be obtained for such activity. Applicant has confirmed that this is not for long-term outdoor display or storage.) Page 15 - October 17, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings REASONS/FINDINGS: 1) The zoning code provides for authorization of this particular use, and its accessory uses, in this LI Light Industrial District; 2) the use requested is reasonable in relation to the District in which is is located, adjacent use districts, and nearby and adjacent uses (landfill, other industrial-type uses, and business uses nearby and on site); 3) the Special Exception use will not prevent the orderly and reasonable use of adjacent properties commercial property directly to the west is zoned LIO (Light Industry Office-Park District) and is used for repair of all types of automobiles, trucks, etc. with repairs; to the south is a dual-lane major highway; to the east is a town street; in close vicinity are sites for transfer station, recycling, and other similar uses. Directly to the west on this same site (100084-1-26.3) is a unit occupied by S.C. Imports for maintenance, assembly and repair of imported and other motors, vehicles, etc. with temporary storage of vehicles (and other items) relative to the main use. 4) the use will not prevent orderly and ressonab]e uses proposed or exist- ing in adjacent use districts, for the same reasons as noted in #3 above. 5) No evidence has been submitted to show that the safety,~heaith, welfare, comfort, convenience, order of the town would be adversely affected, and it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this use is to be authorized; 6) all units and site access-egress areas shall continue to be accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet ali fire]building regulations. 7) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. VOTE OF THE BOARD: Ayes: J. Dinizio Jr., R. Villa, S. Doyen, and G. Goehringer. (Member Tortora stated that she needs more information before voting with this motion). This resolution was duly adopted by majority vote of four of the five members present. TYPE II ACTIONS confirmed. Motion was made by .Chairman Goehringer, seconded by Member Tortora, and duly carried, confirming all TYl~.e II Actions as those applications which are setback 'variances, lot line varmnces, and applications pertainiug to reaidential expansion or accessory uses. Appl. No. 4426 ACTION OF THE BOARD OF APPEALS 10/17/96 APPLICANT: ESTATE OF VIRGINIA MOORE-MOSS (Janet Swanson, Trustee) LOCATION OF PROPERTY: 1050 and 952 Hyatt Road, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 50, BLOCK 1, LOT 12. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. Page 16 - October ]7, 1996 Minutes Southold Town Board of Appeals Regular Meeting and Hearings BASIS OF REQUEST: Waiver for undersized lots identified as District 1000, Section 50, Block 1, Lot 12, and Lot 13, which are "merged due Ire common ownership as determined by the Building Inspector under his Action of Disapproval dated September 24, 1996. District: R-40 Residential. Reasons for Denial of Waiver: 1. The two areas have been merged and joined as a single lot totaling 48,000 square feet in area, in this R-40 Residential Zone District. 2. The ~equest for waiver of this lot size is not consistent with the surrounding area. 3. The record is not substantiated by economic hardship (originai purchase price and other), and the Trust (Estate) is still able to use the land which has been joined with the house as a single, entire parcel. 4. Opposition and testimony received during the hearing. MOTION MADE BY R. Villa SECONDED BY S. Doyen ACTION/RESOLUTION ADOPTED: Denied. VOTE OF THE BOARD: Ayes: Serge J. Doyen Lydia A. Tortora Robert A. Vi/la Gerard P. Goehringer Nay: James Dinizio, Jr. (felt application should be approved based upon history of deed conveyances up until time of death of one of the owners and other factual testimony. ) This resolution was duly adopted (4-1). * * * There being no other business properly comiqg before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 10:30 p.m. Respectfully submitted, !~:JE ~OUi:iO~ TOS?'N Ci~[ ZBA Secretary ~d Clerk of the Board