HomeMy WebLinkAboutZBA-12/12/1996APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, 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 (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 12~ 1996
A Regular Meeting of the SOUTHOLD TOWN BOARD OF
APPEALS was held at the Southold Town Hail, 53095 Main Road,
Southold, New York 11971, on THURSDAY, DECEMBER 12, 1996:
Present were:
Gerard P. Goehringer, Chairman & Member
Serge J. Doyen, Jr., Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Linda Kowalski, Board Clerk
Also present were approximately 40 persons in the audience at the
start of the meeting.
6:45 p.m. - 7:10 p.m. Work Session reviews. (No Action taken.)
I. PUBLIC HEARINGS: The Chairman read the legal notice and
noted the basis of each of the following applications. The public
hearings were held in the follox~ing order - please aiso see written
Transcript of Hearings prepared under separate cover and filed with
the Town Clerk's Office for reference.
7:18 7:35 p.m., and ag~ain at 8:12 p.m. App1. No. 4438 -
GIUSEPPE & LAURIE COMO. This is an application for a Variance
based upon the November 1996 Action of Disapproval by the Building
Inspector under Article III, Section I00-33C, in which applicant
applied for a building permit to locate accessory building, and that
yard area has been designated a second front yard. Location of
Property: 265 Youhgs Avenue, Southold, NY: Parcel ID
#1000-61-4-38.2. See continued hearing at 8:12.
7:35 - 7:42 p.m. Appl. No. 4450 ANTHONY SILVESTRI.
This is a request for Variance based upon the Nov. 25, 1996 Action
of the Building Inspector under Art. XXIV, Sec. 100-244B, in which
a permit application was approved under Permit #23608Z for a new
dwelling at side yards of 12.5 ft. & 12~5 ft, and upon receipt of a
foundation survey, construction was halted in order to proceed with
an application for a variance, for the reduction of the sideyard
(confirmed as built at 13 ft. rather than the code's required 15
Page 2 - R±nutes
Regular Meeting of December 12, 1996
Southold Town Board of Appeals
Appl. ~4450 ACTION OF THE BOARD OF APPEALS December 12, 1996
APPLICANT: ANTHONY & GERTRUDE SILVESTRI
PROJECT SITE: 2175 Harbor Lane, Cutchogue. 1000-136-1-15.
BASIS OF APPEAL: Building Permit #23680 issued 9/13/96 which was
issued in error as to side yards by Building Inspector, resulting in a
Stop Work Order and Nov. 25, 1996 Action of Disapproval by the
Building Inspector.
RELIEF REQUESTED: Side yards at 13 ft. instead of the required I5
ft. minimum, and the remaining side yard au 13 ft., which is in
conformity with the ]0 ft. minimum requirement.
FINDINGS OF FACT:
1. Property size is 9375 sq. ft.
2. Building Permit #23680 was issued in error as to one side yard for
12.5 ft. instead of the required 15 ft.
3. Subsequently, the foundation was placed and the November 8, ]996
foundation survey shows the actual setbacks to be 13 ft. and 13 ft.
4. Upon receipt, the Building Department about Nov. 18, 1996 issued a
stop work order, later issuing an Action of Disapproval referring
the matter for variance consideration by the Board of Zoning
Appeals.
5. The variance application was filed with the ZBA on November 26,
1996, and the notice requirements were complied with by publication
at least five days before the December 12, t996 public hearing.
6. Based upon the error of the Town Building Inspector in issuing a
building permit with an insufficient side yard, and allowing
property owner to proceed to the present time, the Board Members
found there is no alternative under the town's zoning regulations
except to grant the requested side yard variance of two feet (13 ft.
instead of 15 ft.).
MOTION MADE BY: Member Tortora SECONDED BY: Member Villa
ACTION/RESOLUTION ADOPTED: Granted setback at 13 ft., and the
remaining side yard at 13 ft., as requested and shown on the survey of
foundation dated November 8, 1996.
VOTE OF THE BOARD: Ayes: Serge Doyen, James Dinizio Jr., Robert
A. Villa, Lydia A. Tortora, and Gerard P. Goe1~ringer. This resolution
was unanimously adopted (5-0).
Page ~- Minutes
~'~:~ul~r Mee-tiag o£-D~eemba~ 12, 1996
Southotd-Towm Boamd..,~f~ApPea~'
PUBLIC HEARINGS, continued:
7:42-7:48 p.m. Appl. #4439 KID N' ROUND by THERESA
WALKER. Owner of Property: Anthony Pirrera. This is an application ~or
a Special Exception for occupancy-use of a rental unit in an existing
business center located at 46455 County Road 48, Southold, ~or occupancy
as a commercial recreational facility, and uses normally accessory and
incidental to commercial recreation, as provided by Art. X, Sec.
100-10lB(6) of the Zoning Code. (See written transcript for statements.)
At the end of discussions, the Board took the following action:
APPLICANT: KID N' ROUND/Tenant (A. PIRRERA, OWNER OF RECORD)
LOCATION OF PROPERTY: Unit # 8 at 46455 C.R. 48, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 55, BLOCK ~, LOT 21 & 22.
ZONING CODE DISTRICT DESIGNATION: B-General Business.
BASIS OF APPEAL: Section 274B of New York Town Law and Southold
Town Zoning Code, Article XIII, Section 100-10lB(6) which provides for
certain fully enclosed commercial recreation facilities, as well as other
business uses.
PROJECT DESCRIPTION: Use of a portion of the existing building,
referred to as Unit #8, for recreational activities (for children).
MOTION MADE BY: L. Tortora SECONDED BY: G. Goehringer
ACTION/RESOLUTION ADOPTED: Granted as applied.
REASONS/~FINDINGS: 1) The zoning code provides for authorization of
this particular use, and related accessory uses, in this B Zone;
2) the use requested is reasonable in relation to the District in which is
is located, adjacent use districts, and nearby and adjacent uses (motor
vehicle, repair site to the east, other business uses on the subject site,
retail sal~S (liquor), bagelAbak'ery with on-site service; restaurant and
deli uses, and other business uses in very close proximity);
3) the Special Exception use will not prevent the orderiy and reasonable
use ~f adjacent properties - the use in question will occupy the existing
building without any new areas;
4) ~he Use will .prevent orderly and reasonable uses proposed or
exist~g districts, for the same reasons in #3 abo~e.
5) No
without conditiong related to the particular project;
6) all ~nlts and site access-egress areas shall continue to be accessible
for fire and police protection, as well as right-of-way areas, and tbl.g unit
must continue to meet all fire/building regulations.
7) no other adverse conditions were found after considering items listed
under Section 100-9.63 and 100-264 of the Zoning Code.
VOTE OF THE BOARD: Ayes: J. Dini~'io Jr., R. Villa, S. Doyen, G.
Goehringer, L. Tortora. This resolution was duly adopted by unanimous
vote of all five members.
Page 4 - Minutes
Regular Meeting of December 12, 1996
Southo~d Town Board of Appeals
PUBLIC HEARINGS, continued:
7:48 - 8:20 p.m. Joint Hearing for two LILCO applications: #4429
Special Exception for gas compressor station and ~4430 for Variance on
fence height. (See written transcrip~ for s~a~ements made during the
public hearing.) At the end of the hearing, motion was made by
Chairman Goehringer, seconded by Member Dinizio, and duly carried, to
close the hearing, pending receipt of the proposed LILCO Emergency
Plan for this site as discussed at the hearing - with the option of
reopening and readvertising the hearing for further discussion, if
needed. This resolution was unanimously adopted.
* * *
8:12 8:17 p.m. GIUSEPPI and LAURIE J. COMO hearing
reconvened and finalized. (See written transcript prepared separ-
ately.) At the end of the hearing, the following action was taken:
LOCATION OF PROPERTY: 265 Youngs Avenue~ Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 61, BLOCK 4, LOT 38.9~.
BASIS OF APPEAL: Notice of Disapproval issued by the Buildln~
Inspector dated November 7, 1996. "Under Article IIIA, Section
100-30A.4 (ref. 100-33), proposed accessory garage will be located in a
front yard rather than a required rear yard."
CODE PROVISIONS APPEALED: Article IIIA, Section 100-30A.4 (100-33)
RELIEF REQUESTED: Applicants are proposing to locate behind the
existing dwelling a 24 ft. wide by 28 ft. deep accessory garage with the
garage doors facing Youngs Avenue, setbacks proposed 6-8 ft. from the
northerly property line. A yard area normally deemed to be the rear
was determined by the Building Inspector to be another front yard,
abutting a former "right-of-way" as shown in a 1959 town record,
MOTION MADE BY G. Goehringer SECONDED BY R. Villa
RESOLUTION ADOPTED:
(1) the setback shah be as
a~d with a setback at not less
property line; (2} six ft. high shrubs for to t3 ft
in length shah be placed and ~ along the
northerly proper.Df llne Which
(~000-61~4-34); (3) all water runoff shall be
(4) no habitable or Sleeping quarters shall thl.g accessory
building; ~(5) electric utilities is allowable, however, there shall not
be any ~.Other utilities the overhead dooes
Avenue, and access to this
as agreed; (7) Setback shah be 9 ft.
property line and 37 feet from the ~
(8) Highest peak height shah be at 15 ft. from
REASONS/FINDINGS: The subject property is otherwise without a rear
yard, and no other alternative is available. The relief is minlmal and
meets other zoning requirements. Upon int'ormation received, the
right-Of-way is not in existence. Title searches show there is no
current right-of-way easement. Based upon the int'ormation submitted,
the yard area chosen is what is most commonly "rear yard" under code.
(Note: Thi~ is not an agreement by board members under the
information submitted for existence of any future ROW. )
VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio, R. Villa, L.
Tortora, G. Goehringer. 'This resolution was unanimously adopted.
Page 5 - Minu~ee~?
Regular Meeting of December 12, 1996
Southold Town Bo'ard of Appeals
PUBLIC HEARINGS, continued:
8:17 p.m. Appl. #4437 - DAVID AND BONNIE PASCO. Mr.
Robert Brown, Architect with Fairweather & Brown, Greenpor~ represented
the applicants during the hearing. (See written transcript prepared
separately for actual discussions.) At the end, the board took the
following action:
APPLICANT: DAVID PASCOE, D.D.S.
LOCATION OF PROPERTY: 51100 Main Road, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 2, LOT 7.
ZONING CODE DISTRICT DESIGNATION: RO Residential-Office Use.
BASIS OF APPEAL: Section 274B of New York Town Law and Southold Town
Zoning Code, Article VII, Section 100-71B(2) which provides for principal
professional office use by Special Exception.
PROJECT DESCRIPTION: Principal (primary) use of the first floor as a
professional dentist's office, and the remainder of the building for
accessory storage purposes related to the primary office use.
MOTION MAD~ BY: S. Doyen SECONDED BY: G. Goehringer
ACTION/RESOLUTION ADOPTED: Granted as applied.
REASONS,/FINDINGS:
1) The zo~g ~°de p~ovides 'for authorization of this particular use, and
related a~ccessory uses, in this RO Residential-Office Zone District;
2) the !us~ req ~ reasonable in relation to the District in which it
is use diStricts;
3) the will not the orderly' and reasonable
use Of adjacent properties which are the adjoining RO Zone
, or to the easteriy R-40 Zone this use, as a principal
use use to a will occupy the first floor
floo~; the new areas;
4) the use proposed or existing
~n ~ as noted in #3 above.
Lbmitted to show that the safety, health, welfare,
£he town woul'd be adversely sfl~ected, and it
was decided of this Code in~ January 1989, and subsequent
that this use shall be an authorized use, wit~ or
withO~ut co.n. ditions related to the particular project;
6) all nmts :and site access-egress areas Shall continue to be accessible
for fire and pqlice protection, as well as right-of-way areas; and thig unit
must continue to ~meet all 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. Dinlzio Jr., R. Villa, S. Doyen, G. Goeh-
ringer, L. Tortora. This resolution was duly adopted by unanimous vote of
nl] five members.
Page 6 - Minutes
Regular Meeting of December 12, 1996
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
8:20 p.m. Appl. #4440 - ADLYN SYVERSON. Variance to build
extension to dwelling with insufficient total sideyards at 420 Private
Road #17, off Camp Mineola Road, Mattituck, NY. (See written transcript
for actual statemenIs.) At the end of the hearing, the Board took the
following action:
APPLICANT: ADLYN ~l. SYVERSON
LOCATION OF PROPERTY: 420 Private Road 17~ Mattituek.
COUNTY TAX MAP DISTRICT 1000, SECTION 123, BLOCK 6, LOT 17.1.
BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector
dated October 7, 1996 due to "Insttffieient side and total side yard setbacks
for this 27,029 sf. lot." (Code requires mlnimulll of 15 ft. and 20 ft. for each
side, plus a total of 35 ft. for both sides. )
PROVISIONS APPEALED FROM: Article XXIV~ Section 100-244.
RELIEF REQUESTED: Addition squaring off the northwesterly corner of
existing one-story frame house, which slighting reduces the side yard setback
to the west to 14'7", while maintaining the present conforming sideyard at 17
feet at the southwesterly corner of the existing house. The reduction is less
than a foot based upon the present code requirement (20 ft.), and a total of
24'7" for both sides, instead of the required 35 ft.
REASONS/FINDINGS: Variance is not substantial. Difficulty is due $o the
location of the dwelling at an "off center" point on the property and the
westerly property line, as located.
MOTION MADE BY: James Dints. to, Jr. SECONDED BY: S. Doyen
ACTION/RESOLUTION ADOPTED: APPROVED proposed northwesterly corner
addition as applied, squaring off the dwelling, leaving a setback at
approximately 20-2l feet from the closest northerly property line, 14'7" from
the closest westerly side property line, and a total 24'7" for both side yards.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dini~o Jr., Robert A.
Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution was
unanimously adopted (5-0).
ZBA:lk
~age ~7 - Minutes
~lar Meeting of December 12, 1996
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
8:25 p.m. Appl. #4441 FRED AND RUTH ROSSI. Variance for
shed at 165 Brigantine Drive, Southold, Parcel ~1000-79-4-45. After
receiving testimony and at the end of the hearing, the Board took the
following action:
LOCATION OF PROPERTY: 265 Brigantine Drive, Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 79, BLOCK 4, LOT 45.
BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector
dated November 7, 1996, for location of accessory shed in a front yard area.
CODE PROVISIONS: Art. IIIA, Section 100-30A.4 (ref. Section 100-33).
RELIEF REQUESTED: The location of a 10 ft. by 12 ft. accessory storage
building (shed) in a yard area deemed by the Building Inspector (per code)
to be the front yard. The setback shall be not less than 15 feet from this
easterly front property line along private right-of-way, and not less than
15 feet from the northerly property line. The height of this shed is
approximately 10 ft (or less).
MOTION MADE BY Gerard P. Goehringer, SECONDED BY Robert A. Villa.
ACTION/RESOLUTION ADOPTED: Granted with the location confirmed
above (as applied), with the following CONDITIONS: (1) shed shn:ll not
exceed 10 ft., as proposed heroin; (2) setbacks shall not be less than 15
ftc, as proposed herein; (3) electric utilities shall be permitted; (4)
no utility hook-ups or other facility sh~ll be permitted, as proposed
heroin.
REASONS/FINDINGS: Property size is 15,300+- si, and fronts along a town
stree~ and a private vehicular right-of-way. The requested location is not
unreasonable since it is in an area appearing as a "rear yard," and there is
no other, yard area available to meet the present code requirement for a true
rear yard. No other alternative is available for appellants to pursue under
the circumstances. If this yard were allowed to be defined as the rear
yard, the code setback requirement would place it at not less than three
feet. In this project, applicant is proposing setbacks at not less than 15
feet from property lines.
VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, J. Dinizio, Jr.
Robert A~ Villa, Lydia A. Tortora, Gerard P. Goehringer. This
resolution was unanimously adopted, 5-0.
This project is referred to Building Inspector for updates and further
processing which is required.
* *
Page 8 - Minutes & Resolutions
Regular Meeting - December 12, 1996
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
8:32 p.m. Appl. No. 4442 - COSTAS and MARY CAVIRIS.
Request for waiver under Article II, Section 100-26 concerning a
vacant lot identified as 1000-106-2-.35, which has been~ deemed
merged in the October 11, 1996 Action of Disapproval by the
Building Inspector. The adjoining parcel which is included in the
merger determination is identified as a house lot, Parcel
#1000-106-2-40. These lots are show~ on the Map of Captain Kidd
Estates approved in 1948 by the Southold Town Board. Present
Zone District: R-40 Residential. After hearing testimony, motion
was made by Chairman Goehringer, seconded by Member Dinizio, and
duly carried, to close the hearing, pending deliberations carryover
to January 16, 1997.
8: 45 p.m. Appl. No. 4444 - ROSWITHA AICH1NGER.
Variance for gazebo, "as built" in its present location, based upon
the November 13, 1996 Action of Disapproval by the Building
InspecTor, and Article XXIII, Section 100-239.4A(1). Location of
Property: 29827 Private Road off the northerly side of Main Road,
Orient, NY; Parcel #1000-14-2-p/o 1.1 (now 1.8). At the e~d of
tile hearing, the Board took the following action:
Page 9 - Minutes
Regular Meeting of December 12, 1996
Board of Appeals
Appl. No. 4444 ACTION OF THE BOARD OF APPEALS Dec. 12, 1996
APPLICANT: Roswitha Aichinger
LOCATION OF PROPERTY: 29827 Route 25 (Private Rd), Orient.
COUNTY TAX MAP DISTRICT 1000, SECTION 14, BLOCK 2, LOT 1.8.
BASIS OF APPEAL: Building Inspector action dated November 13, 1996
concerning location of accessory gazebo (existing without a building
permit since about 1984-1985), and which under Article XXIII, Section
100-239.4 adopted September 1985, is less than 100 ft. from the bluff.
RELIEF REQUESTED: Accessory structure (not building) is an open
gazebo secured at ground with piers (cement) situated approximately 10
ft. from the edge of the bluff, and which has existed for more than
11-12 years.
MOTION BY Member Villa, SECONDED BY Members Doyen and Tortora
ACTION/RESOLUTION ADOPTED: Granted insufficient setback location
WITH THE CONDITION THAT: (a) there shall be no changes,
reconstruction, rebuilding, except that routine maintenance such ag
painting or rel~lacement of a single board shall be permitted; (b) When
other than routine maintenance, the subject structure shah be located
as required ~by the code (presently 100 ft. from the bluff), or greater
to meet the future code requirement in effect. (No plumbing, of
course, should be added since this is restricted to a gazebo.)
REASONS/FINDINGS: Although the hardship is self-impoSed (by former
owner or builder), gazebo is not a permanent building or a substantial
structure, and is viewed as temporary in its present location without
adverse affects to neighbors or adjoining properties.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr.,
Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This
resolution was unanimously adopted (5-0).
ZBA:lk
Page 10- Minutes & Resolutions
Regular Meeting - December 12, 1996
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
RESOLUTION FOR HEARING POSTPONEMENT: Motion was made
by Chairman Goehringer, seconded by Member Doyen, and duly
carried, to Postpone the Matter of Appl. #4401 DAVID DEFRIEST
UNTIL FEBRUARY 6, 1997 WITH HALF-HOUR TIME PERIOD FOR
FINAL TESTIMONY AND DISCUSSIONS. This resolution was duly
adopted.
9:00 p.m. Appl. No. 4410 - GARY SACKS and ALAN
SCHLESINGER. Based upon the Juiy 16, 1996 Notice of Disapproval
from the Building Inspector, applicants request a Variance under
Article XXIII, Section 100-239.4B for a proposed deck addition
(amended 12111 to incinde roof and screen enclosure) within 75 feet
of bulkhead, at 125 Mesrobian Drivel Laurel; Parcel #1000-145-4-7.
After receiving testimony, motion was made by Chairman Goehringer,
seconded by Members Tortora and Dinizio, and duly carried, to
recess and continue the hearing on February 6, 1997, pending
receipt of another proposal by applicant as discussed at tonight's
hearing.
RESOLUTION: On motion by Chairman Goehringer, seconded
by Member Diuizio and duly carried, it was RESOLVED, to authorize
and direct advertisement of additional new hearings scheduled for
Thursday, January. 16, 1997 in the official 1997 newspaper(s) of the
Town and transmittal to the applicants* with the posters, as follow:
6:55 p.m. Appl. No. 4447 - *Marry and Noreen Frey
6:58 p.m. Appl. No. 4449 - *Patchell
7:00 p.m. Appl. No. 4443 - *ROBERT COLLINS. 7925
North Bayview Road, Southold, NY; Parcel #1000-79-4-65.
7:05 p.m. Appl. No. 4444 - *CHARLES & MARY
TANGNEY. Area variance/two lots proposed. Little Neck
Road, Cutchogue, NY.
7:10 p.m. Appl. No. 4446 - *BELL-ATLANTIC/NYNEX, as
Lessee. 24850 Main Road, Orient, NY; Parcel
#1000-18-6-5. This resolution was unanimously
adopted.
RESOLUTION: FEBRUARY 6, 1997 HEARINGS: On motion by
Chairman Goehringer, seconded by Member Villa, it was RESOLVED,
to confirm the following applications for public hearings to be held
Thurs., February 6, 1997 in the following ~iHng order:
a) Appl. #4448 - Maria Andriopoulos
b) Appl. #4451 - Marian Praus
c) Appl. #4452 - Christina Rivera
d) Appl. ~1453 - New application expected by 12/13
e) Appl. #4454 New a~plida~i~n exPeCted by 12/13 7:45 p.m.
Page 11 - Minutes & Resolutions
Regular Meeting - December 12, 1996
Southold Town Board of Appeals
f) Carryover from 12/12/96 - DEFRIEST with one-half hour
time period for final testimony and questioning.
g) Carryover from 1/16 if any.
h) Appl. #4455 - New application expected by 12/17.
This resolution was duly adopted.
OTHER RESOLUTIONS or REMINDERS FOR BOARD MEMBERS:
A. REMINDER: SCHEDULE OF COMMITTEE MEETINGS:
Code Review Committee 12/18 at 6:45 p.m.
SEQRA: Type II Actions were confirmed to be those applications
held tonight which are directly related to residential use, waiver
under merger law (100-26), lot line and setbacks from property
lines, building coverage (% of lot), all accessory uses, height
variance requests, accessory structures/buildings, and similar
regulations.
DELIBERATIONS commenced regarding CAVARIS. Member Villa
moved to DENY THIS APPLICATION, but there was no second. The
motion was LOST. All members agreed to hold deliberations until the
next meeting in order to re-visit the neighboring areas of this
property.
CODE COMMITTEE MEETING: A reminder was given for Board
Members to attend the next Code Review Commitee Meeting scheduled
for December 18, 1996 at 6:45 p.m.
* *
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
The meeting adjourned at approxiately 9:35 p.m.
Respectfully submitted,
CEIVED FILED BY .
_~HE SOUTHC;LD ~.;~-~: v~ ~nda Kowalski ~/~7
........ :own of Sou~koid