HomeMy WebLinkAboutZBA-10/01/1996 SPECAPPEALS 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-t809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
TUESDAY, OCTOBER 1, 1996
7:15 p.m. Special Meeting - Call to Order was made by Chairman
Goehringer.
A Special Meellng of the Southold Town Board of Appeals was made
on TUESDAY, OCTOBER 1, 1996 commencing at 7:15 p.m. at the Southold
Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Absent was: Serge J. Doyen, Member (excused due to
travel distance from Fishers Island and expenses).
I. DELIBERATIONS/DECISIONS (carryovers from last meeting):
Appl. #4389 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: October 1, 1996
APPLICANT: JIMBO REALTY, TIMOTHY GRAY, JAMES GRAY
LOCATION OF PROPERTY: 44360 C. R. 48, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 59, BLOCK 4, LOT 8
BASIS OF APPEAL: Section 274B-3 of New York Town Law, with reference
to the Southold Town Zoning Code, Article X, Section 100-103A & C
regarding the length (a/k/a width) of proposed storage buildings in this
B General Business Zone District.
RELIEF REQUESTED: 1) Width of proposed separate buildings A, B, C at
10 feet greater than that restricted by Local Law #18-1995 added 8-22-1995,
for a width of 70 ft., except that Building C is permitted to extend a total
width of 75 feet at the northeasterly corner section only~ ali as shown on
third plan (third amendment August 23, 1996). {Note: Buildings A, B, C
are permitted by code to be used as principal storage uses and are shown
to be 150 ft. deep, except that building "A" is shown to have a five ft.
Page 2 - Minutes
Special Meeting - October 1, 1996
Southold Town Beard of Appeals
extension at the front northeasterly corner.} Buildings D, E and F both
meet zoning code building width and setback regulations, buffer
distances. 2) Portion of Building A reduced to a front yard setback of 95
feet for the corner section (45 feet wide) at its closest point (Note: 100
ft. setback will be mainhqlned for the remaining portion of Building A, and
the other buildings).
MOTION MADE BY: L. Tortora SECONDED BY: J. Goehrlnger
ACTION/RESOLUTION ADOPTED: Granted as shown on map - third amend-
ment, dated August 23, 1996 as noted above, with applicant's agreement to
encourage maximizing front yard landscape buffer to mitigate future
concerns on visibility (as per jurisdiction of Planning Board).
REASONS]FINDINGS OF FACT: 1) The width of Buildings A, B, C are
smaller than those existing in this neighborhood; 2) there is no other
feasible alternative for appellant to pursue; 3) the relief requested is
the minimum required to afford relief while at the same time ba]nneing the
intent of the present code, and former code previsions; 4) the major
portion (90+-%) of this project will meet the minimum setback requirements,
and the portion requiring a variance have higher standards than those
generally existing in the vicinity; 5) the width variation is less th~n
those existing in the immediate area.
VOTE OF THE BOARD: Ayes: J. Dinizio, Jr., R. Villa, L. Tortora, G.
Goehringer. This resolution was unanimously adopted (4-0). (Member
Doyen of Fishers Island was absent-excused. )
Page 3 - Minutes
Special Meeting - October 1, 1996
Southold Town Board of Appeals
DELIBERATIONS/DECISIONS, continued:
Appl. #4389-SE ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: October 1, 1996
APPLICANT: JIMBO REALTY, TIMOTHY GRAY, JAMES GRAY
LOCATION OF PROPERTY: 44360 C. R. 48, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 59, BLOCK 4, LOT 8
BASIS OF APPEAL: Section 274B of New York Town Law and Southold
Town Zoning Code, Article X, Section 100-101B(15) which provides for
"...one-family detached dwelling, not to exceed one (dwelling) on each
lot..." in this B General Business Zone District.
RELIEF REQUESTED: Use of proposed detached building with a floor area
of 1750 square feet, for one-family dwelling occupancy (by au on-site
caretaker for security and mainte~nnce purposes) more particularly located
on map amended August 23, 1996.
MOTION MADE BY: R. Villa SECONDED BY: J. Dinizio, Jr.
ACTION]RESOLUTION ADOPTED: Granted as applied, provided that
change of use in the principal storage buildings as show~ on plan amended
August 23, 1996 requires reconsideration of use of this dwelling.
REASONS/FINDInGS OF FACT: 1) The code bas authorized thi~'s..particuisr
land use in tl~s B-General Business Zone as pro~ided by~ Local Law
#11-1993; 2) the use proposed complies will' the zoning regulfi~ns;
3) the relief requested is' the minimum required to ~fford relief while at
the same time balancing the intent of the present code, and former code
provisions; 3) the use will not prevent th~ °rderly and reasonable use of
adjacent properties - property directly to the west is used as a
single-f~nily: residence, to the north, business offices and retail use, to
the SoUth, farmland,~ to the east is other vacant propertY :of the applicant
which is part of a minor subdivision; 4) the use will not prevent o~derly
and reasonable uses proposed or existing in adjacent use districts - to the
north and east are commercially used properties, to the west and south are
ag~CuIturally and residentially zoned propertieS; 5) the .safety, health,
welfare, comfort, convenience, order of the town will not be .adversely
affeated; 6) ail buildings wi]] be accessible for fire and police
protection, and must meet aH codes relating to fire separation, etc.
(7) no other adverse conditions found after considering items listed under
Section 100-264 of the Zoning Code.
VOTE OF THE BOARD: Ayes: J. Dinlzio, Jr., R. Villa, L. Tortora, G.
Goehringer. This resolution was unanimously adopted (4-0). (Member
Doyen of Fishers Island was absent-excused.)
I. OTHER DECISIONS/DELIBERATIONS (carryovers from last meeting):
Appl. No. 4402 - BARBARA KELLY. (continued on next page)
Page 4 - Minutes
Special Meeting -. October 1, 1996
Southold Town Board of Appeals
I. OTHER DECISIONS/DELIBERATIONS (carryovers from last meeting):
Appl. No. 4402 - BARBARA KELLY. Deliberations commenced and
there were mixed opinions about the circumstances involved. The Board
Secretary suggested that this matter be voted on when a full board was
present, and when Member Doyen could also be present. No action was
taken.
Appl. No. 4418 Gary Flanner Olsen, Esq. for FLORENCE
PAVLAK. Based upon the August 27, 1996 Notice of Disapproval issued
by the Building Inspector, applicant is requesting a Waiver under Article
II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq.
ft. The basis of the Disapproval is although this lot was approved by
subdivision of the Town Planning Board March ll, 1970, that, between
July 1, 1983 and April 14, 1985, this lot, identified as 1000-107-1-5.2
was held in common ownership with an adjoining lot, identified as
1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY.
Appl. No. 4420 - Philip J. Cardinale, Esq. for LINDA FESSMAN as
TRUSTEE. Based upon a Notice of Disapproval issued by the Building
Inspector August 28, 1996, applicant is requesting a Waiver under Article
II, Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM
#1000-115-6-1, which has been held in common ownership with another lot,
CTM #1000-115-6-2, after July 1, 1983. This property is located at the
corner of the Main Road (#18400) and Cardinal Drive, Mattituck Estates
Filed Map, Lot #5, at Mattituck, Town of Southold, CTM #1000-115-6-1.
(The above two actions are continued on the following pages. )
Page 5 - Minutes
Special Meeting - Qctober 1, ~996
Southold Town Board of Appeals
Appl. ~4418 ACTION OF THE BOARD OF APPEALS 10/1/96
APPLICANT: FLORENCE PAVLAK
LOCATION OF PROPERTY: Grand Avenue, Mattituck.
COUNTY DISTRICT 1000, SECTION 107, BLOCK 1, LOTS 5.1, 5.2
BASIS OF ACTION: August 27, 1996 Action of Disapproval issued by the
B~filding Inspector under Article II, Sections 100-24, 100-25. Waiver is
requested under Section 100-26 of the Zoning Code regarding creation of
undersized lot.
MOTION MADE BY: R. Villa SECONDED BY: L. Tortora
ACTION/RESOLUTION ADOPTED: REVERSAL of the ACTION OF
DISAPPROVAL BY TIIE BUILDING INSPECTOR, and INTERPRETATION that
lots located in the R-40 Zone District which received Planning Board
subdivision approval prior to 5/20/83 as per former Section 100-31B(1) - in
effect up until 12126/95 - and said tot was deeded in single and'separate
ownership since on or before the effective date of new. Local Law #23-1995
(effective ]2/95), do not require a Waiver under 100-26, since they
technically were not merged on the date of adoption of Local Law #23-1995
(which provision of law replaced former 100-31B and other provisions
pertaining to the creation and recognition of lots).
REASONS/FINDINGS: In considering board comments, testimony at the
hearing, all records plus ZBA staff report and deeds creating the two lots,
the board f'mds:
1. Reiterate data compiled in ZBA staff report of 9]11/96.
2. As of 12/95, new Local Law repIaced former Section 100-31; under the
zoning codes in effect up until 12~95, lots on approved subdivision Iots
approved by resolution and final action of the planning Board were recog-
rdzed as valid lots and received building permits.
3. Current owners deeded out these two lots in single and separate
ownership prior to 12/9§~ and remained in single and separate ownership for
approximately 11 years prior to 1211995.
4. The planning Board approval for Henry John Psvlsk~ in effect for
these l°ts until 12/95 as indicated by former section 100-3i.
5. Other agencies also have accepted town-approved subdivision lots at
least until 1211995', and those maps have received County ~Iealth
Department approvals prior to that* time.
VOTE OF THE BOARD: Ayes: J. Dinizio, Jr., R. Villa, L. Tortora, G.
Goehringer. (Member Doyen was absent. ) ThL~ resolution was adopted.
Page 6 - Minutes
Special Meeting October 1, 1996
Southold Town Board of Appeals
Appt. #4420 ACTION OF TFfV~ BOAF,~D OF APPEA/_~ 101It96
APPLICANT: L~A ~~
LOCATION OF PROP~TY: 18400 Card,nm} Drive ~d Mm~n Road, ~a~.
CO~TY DISTRICT I~0, SECTION 115, BLOCK
BASIS OF ACTION: Aunt ~8, 1996 Ae~on of Disapp~ issued by
B~lding Inspector ~der ~ele II, S~o~ 1~-24, 100-25. W~ver is
~quested under Sec~on 100-26 of ~e ~n~n~ Code re~g c~a~om of
undersized lot.
~OTION ~ADE BY: R. ~]]a SECOND~ BY: G. Goe~ncer
ACTION/RESOL~ION ADOPTS: R~S~ of ~e A~ON OF
DISAPPROVAL BY ~ B~G ~ECTOR: ~d I~PR~ATION that
~ots located ~ ~e R-40 Zone D~ric~ w~ch ~iv~ Plmnn~ng Board
sub~sion approv~ p~ior to 5120/83 ~ ~r former Sec~on i00-31B(I ) -
effec[ up ~ 12/26195 - ~d-~d tot ~ d~ed ~ s~le ~d sepa~te
~23-!~95
owne~hip s~ce on or befo~ t~ effec~ve date of
(effective 12/95), do not ~q~ a W~ver ~der 100-26, s~ce ~ey
t~]hl~ly ~ not meted on ~e date of adop~om of Lo~ ~w ~23-I995
(wi~ch p~siou of ~w ~p~ced rorer 10~31B ~d otker pro~sio~
pertaining to ~e c~aaon ~d ~co~on of lo~).
R~ONS/F~GS: In ~nsider~g ~ ~mmeu~,
1. Reite~te dam ~m~ ~ ~A s~ ~ort of 9/11/96.
2. As of 12/95, ~w ~ Mw ~p~ fo~ S~om 100-31; ,,nder ~e
app~v~ by ~o1~o~ ~d ~n~ ac~ of ~e p~mnning B~
nized as ~d lo~ ~d ~ved b~ding
3. Ca--mt ~e~ d~ out ~ ~o ~m ~ s~e ~d sepa~
owne~p pr~r to 12195 ~d ~in~ ~ s~e ~d se~te ow~ for
4. The Pl~ng B~ appmv~ ~p of ~t~ ~mtes ~s ~ e~t for
these tots un~I 1~/95 ~ ~di~t~ by foyer S~om 100-31.
5. Otht~r a~ncies also have ac~pt~ mwn-~pmv~ sub,vision to~ at
De~ent approv~ p~or to ~at* Hme.
VOTE OF THE BOARD: Aye: J. D~i~, Jr., R. V~, L. Torto~,
G. Goe~r. (Memb~ Doyen ~ absent. ) T~s re~lu~on was adopted.
Page ~7-- Minutes
Special Meeting - October 1, 1996
Southold Town Board of Appeals
II. OTHER]MISCELLANEOUS/RESOLUTIONS:
RESOLUTION ADOPTED: Motion was made by Member Dinizio,
seconded by Member Villa, and duly carried, that the applicant's request to
withdraw the application under Appl. #4397 of ALLEN W. OVSIANIK,
without prejudice, is hereby accepted. File #4397 was deemed withdrawn
without prejudice. It was also agreed that if a partial refund (if any) is
recommended by staff and forwarded to the Town Clerk's Office, that we
include a summary of items processed and expenditures made for this
application. No dissenting opinions were offered.
III. RESOLUTIONS]MISCELLANEOUS:
1. RESOLUTION: Motion was made by Chairman Goehringer,
seconded by Member Dinizio, and duly carried, to advertise the foliowing
matters for Public Hearings, with a hearing date of Thursday, October 17,
1996 commencing at 7:15 for work session, 7:30 for public hearings:
7:30 p.m. Appl. #4407 - HUGH and ROSEMARY MURPHY. Carryover.
7:32 p.m. Appl. 24423 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 division. W/s Cox
Neck Road, Mattituck.
7:37 p.m. 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).
7:42 p.m. Postponement requested by HENRY TRAENDLY. Variance for
approval of excessive height, existing berm-fence combination along front
yard at 13220 Main Road, East Marion.
7:45 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.
7:50 p.m. Patricia Moore, Esq. Appl. #4427 WILLIAM P. SCHOLL.
Waivers requested for three substandard lots, each with an e:cisting
dwelling, which have joined due to common ownership after 7/1/83 at
Bungalow Lane and Center Street, Mattituck.
7:55 p.m. Appl. No. 4422 - D & D CYCLES, INC. as TENANT. (Pudge
Corp., Owner). This is a request for a Special Exception under Article
XXIII, Section 100-131B(8) for permission to sell, with 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.
Page P- Minutes
Special Meeting - October 1, 1996
Southold Town Board of Appeals
8:00 p.m. Deborah Doty, Esq. Appl. #4426 JANET SWANSON,
TRUSTEES for VIRGINIA MOORE-MOSS. Waivers requested for two
substandard lots which have joined (or will join upon recent conveyance)
due to common ownership after 7/1/83 at Hyatt Road, Southold.
8:05 p.m. Patricia Moore, Esq. Appl. ~4401 DAVID DEFRIEST,
Tenant. (Mr. and Mrs. Joseph 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
Building 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
Li~nited 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 present 4-0). Member Doyen
of Fishers Island was absent (excused due to distance).
WORK SESSION REVIEW/RESOLUTION: Application by William
Droskoski as Tenant (D & D Cyles). ZBA Chairman will be sending letter
to Mr. Droskoski requesting that area of marine-item storage be shown on
copy of formerly approved site plan for Pudge Corp. (No formal application
for amended site plan required for temporary outdoor storage. ) This is an
application for a Special Exception, which application includes a request
for approval of temporary, limited display of "marine items" authorized by
zoning code use provision It was confirmed that the public hearing will be
held Thurs., October 17, 1996. (As an additional consideration, PB may be
sending general recommendations while this ZBA application is being
processed. )
MERGER LAW - Board Members received a reminder for submission
of suggestions to be discussed for possible fast-tracking on formerly
town-approved lots which have been checkerboarded before 12/26/95.
Once assembled by members, to submit to the Chairman or ZBA office staff,
for submission (or consultation, ff necessary, with Town Attorney). The
Board Members chose to carryover this matter over to the October 17, 1997
for possible discussion.
Zoning Appeals Board Member(s) briefly discussed pending
litigation and status update: Mattituck Auto Center v. Town of SoUthold.
Page 9 - Minutes
Special Meeting - October 1, 1996
Southold Town Board of Appeals
Board Members will plan to arrange a conference with the Town Attorney.
* *
There being no other business coming before the Board at this
time, the Chairman declared the meeting adjourned.
Respectfully submitted,
Board of Appeals
CEIvaD AND FILED BY
~0~'~ CLERK
THE SOUTHOLD ......
Town Clerk, Town of Southotd