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HomeMy WebLinkAboutZBA-08/21/1996APPEALS 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 WEDNESDAY, AUGUST 21~ 1996 I. 7:15 p.m. Work Session. The Board Members reviewed and briefly noted documentation in Tonight's files. No action was taken during this time. 7:30 p.m. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 21, 1996. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Secretary to ZBA Absent was: Lydia A. Tortora, Member. Also present were approximately 30 persons in the audience at the start of the meeting. * * II. ENVIRONMENTAL DECLARATIONS: Type II Actions: all of the hearings tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, and similar regulations pertaining to buildings, structures, and use of residential properties. No further procedures are required under the State Environmental Quality Review Act for Type II Projects. * * * III. PUBLIC HEARINGS: 7:25 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. This hearing was not opened, and is to be carried over until September 19, 1996 for a continuation by applicants, as requested by Jim Gray as one of the applicants, for further discussions by the applicants with the Planning Board ori the layout of the site plan proposals as drafted. ACTION TAKEN: Carryover hearing until September 19, 1996. Page 2 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: The Chairman read the legal notice for each of the following hearings. 7:30 p.m. Appl. No. 4409 - VINCENT AND LINDA BASILICE. Request for a Variance under Article XXIII, Section 100-239.4B based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application for a building permit to construct addition To existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates, 3255 Bay Shore Road, Greenport, NY; County Parcel ID #1000-53-6-8. This parcel consists of 11,625+- sf. A public hearing was held (see ~ape recording, and/or when finalized in written form, see written transcript of aH statements made under separate cover). Following discussions during the hearing, the board deliberated and took action, as noted below-: ACTION OF THE BOARD OF APPEALS APPLICANTS: VINCENT and LINDA BASILICE. Ap]pl. #4409 LOCATION OF PROPERTY: 3255 Bay Shore Road, Greenport, NY, also shown on the Subdivision Map of Pe~onic Bay Estates. COUNTY TAX MAP DISTRICT 1000, SECTION 53, BLOCK 6, LOT 8 BASIS OF ACTION: July 23, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 49 ft. setback from existing timber bulkhead for a new dwelling addition (extension of 4' by 21' into the rear yard). MOTION MADE BY: R. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED 49 FT. SETBACK FROM EXISTING BULKHEAD for the proposed 4' x 21' extension at the rear of dwelling which was referred for ZBA jurisdiction under the July 23, 1996 Notice of Disapproval from the Building Inspector. (Note: An on-grade patio as shown on the 7-10-96 sketch has not been a part of this application since the zoning code exempts patios at or below gr~ade from the permit requirements. Any on-grade patios, sidewalks, and other improved areas shah not be enclosed without further application to the Building Inspector for permitsj and if necessary to this board and other agencies having jurisdiction. ) REASONS/FINDINGS: Addition is proposed with a reduction of the existing established setback from 53 feet to 49 feet to allow for a new addition. The portion of the addition which has been disapproved by the Building Inspector involves a 4' by 21' wide protrusion into the rear yard. The setback reduction is minimal in relation to the code requirement, and this is the first variance request for a reduction concerning this Parcel. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanin~ously adopted. Page 3 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: 7:34 p.m. Appl. No. 4406 BARBARA ADAMS. Request for Variance based upon the June 18, 1996 Building Inspector's Notice of Disapproval under Article III, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck Lane, Peconic, NY; County Tax Map Parcel ~1000-86-07-9. A public hearing was held (tape recordings are available for listening of actual discussions, alternatively, or see written verbatim transcript of hearing record when finalized prepared under separate cover, separate from the Minutes of Actions). ACTION TAKEN: Following discussions during the hearing, action was taken as follows by the Board: Motion by Chairman Goehringer to close' (conclude) the public hearing, pending reinspection by himself and possibly with another board ~nember and measure. It will more than likely be this weekend that I will measure it. This motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) 7:58 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAHAN, Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as regulated under Article IIIA, Section 100-30A.2-B (ref. 100-31B(14a-d, and 100-3lB, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is clearly, incidental and subordinate to the principal use of the dwelling. Location of Property: 26350 Main Road, Southold, NY; County Parcel ID ~1000-109-4-5. A public hearing was held (see written transcript of hearing when finalized, prepared under separate cover, or tape recording for all statements made will be available alternatively, for actual statements and discussions made during the hearing). ACTION TAKEN: Following the public hearing, deliberations and determination were adopted, as follows: Appl. i4403 FINDINGS AND DETERMINATION August 21, ]996 APPLICANTS: PATRICIA and THOMAS.MONAHAN. LOCATION OF PROPERTY: Single-family dwelling built prior to April 1957 situated on approximately one-third acre at 26350 Main Road, Cutchogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 109, BLOCK '4, LOT 5. R-40 Residential Zone District. (Also, see Certificate of Nonconforming Premises for a single-family dwelling, Certificate ~Z-22948 dated 4/14/94 issued to Marian A. Goubeaud). BASIS OF REQUEST: Article III, Section 100-30A.2B and 100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law #3-1995 which provides for sn allowance up to three bedrooms for rental as an Accessory Bed and Page 4 - l~linutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals Breakfast, subordinate and incidental to the principal single-family dwelling use, for lodging and serving of breakfast to not more than six (6) casual, transient roomers. DESCRIPTION OF REQUEST: Special Exception permit for Accessory Bed and Breakfast Use, subordinate and incidental to the applicants' single-family residence (principal use), requesting rental by owner-resident of two rooms (instead of three rooms) for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B(I4). MOTION MADE BY:J. Goehringer SECONDED BY: J. Dinizio Jr. ACTION]RESOLUTION ADOPTED: Granted with the condition that there be no backing out of vehicles onto the Main Road~ that there be two parking spaces provided for the B & B near the garage as proposed, and subject to compliance at all times with current Section 100-31B(14) subsections (a) through (d), and other laws ~nd regulations applicable to this accessory use. REASONS/FINDINGS:Standards under Section 100-263 & 100-264 have been considered, and met in the issuance of this Special Exception; proof has been submitted for the record to show intended compliance with zoning code (see file and hearing record). VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, James Dinizio, Jr., Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanimously adopted 4-0. Page 5 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:07 p.m. Appl. No. 4404 - RICHARD NEMSCHICK and SUZANNE AUER. Request under Section 100-244B for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID ~1000-100-3-11.14. A public hearing was held (tape recording for all statements is available, and/or see written transcript, when finalized, of all verbatim statements/discussions during the public hearing - prepared under separate cover). ACTION TAKEN: Foliowing the public hearing, deliberations and determination were adopted, noted as follows: ACTION OF THE BOARD OF APPEALS APPLICANTS: RICHARD NEMSCHICK & SUZANNE AUER. Appl. #4404 LOCATION OF PROPERTY: 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map. COUNTY TAX MAP DISTRICT 1000, SECTION 100, BLOCK 3, LOT 11.14 BASIS OF ACTION: July 16, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 50 ft. front yard setback from property line adjoining cul-de-sac. MOTION MADE BY: S. Doyen SECONDED BY: J. Goehringer ACTION/RESOLUTION ADOPTED: APPROVED 50 ft. front yard setback as applied. REASONS/FINDINGS: Local Law adopted by Town in December 1995 did not continue laVage for reduction in setbacks for subdi~isi0ns appr°ved by the Town for lots over 40,000 sq. ft. which today are nonconforming in relation to the lot size bulk schedule for their zone designations. No relief is presently provided for lots over 40,000 sq; ft. in size ~hieh are nonconforming in an R-80, R-120, R200, or other-zones, although schedule 100-244B alIows for relief for lots under 40,000 sf. in size. The only alternative available for owners of lots over 40,000 sr. is to request a variance. This type of variance is not uncommon for lots fronting along cul-de-sacs, and the reduced front yard setback is similar, or the same, as those built prior to January 1996 in this subdivision and immediate areas. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Yortora was absent. ) This resolution was unanimously adopted, Page 6 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:11 p.m. Appl. No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building Inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID ~1000-59-5-8 and proposed increase in lot size of Parcel known as 85 Lake Court, Southold, Parcel ID ~1000-59-5-7. Both lots are presently nonconforming in lot size in this R-40 Residential Zone. A public hearing was held (tape recorded, see written transcript, when finalized, of verbatim statements and discussions during the hearing - hearing transcripts are prepared separately from Minutes of Actions. ACTION TAKEN: Following the public hearing, deliberations and determination were adopted, as follows: ACTION OF THE BOARD OF APPEALS August 21, 1996 APPLICANTS: GEORGE AND CAROLE BAMBRICK. Appl. #4405 LOCATION OF PROPER~[IES: Parcel 1000-59-5-7 referred to as 85 Lake Court owned by George and Carole Bambrick, and Parcel 1000-59-5-8 owned by Brian and Brendan Bambrick referred to as 155 Lake Court, Southold. BASIS OF ACTION: Request of George and Carol Bambrick to change lot line and increase size of nonconforming lot as referred to in the July 1996 Notice of Disapproval from the Building Inspector. Section 100-30A. 3, Bulk Area end Parking Schedule in the Zoning Code - one nonconforming lot will be reduced while the other lot will be increased in size. The Zoning Code does not permit reduction in nonconforming lot sizes without variances. MOTION MADE BY: R. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED exchange of land area to increase nonconforming lot from 7000 sr. to 14096 sf, while reducing nonconforming lot to a size of 16,604+- sr. as shown on survey map amended Ju!y 10, 1996 prepared by Roderick VanTuyl, P.C. REASONS/FINDINGS: Nonconforming setbacks will be increased on Smaller lot located on a corner, by enlarging rear]side yard area. Each parcel will be more in character with nearby configurations. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanimously adopted. Page 7 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:16 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal g4370 rendered 4/3/96 which was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may- contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southold, NY; County Parcel ID #1000-70-6-8. A public hearing was held (tape ~ecorded; see written transcript of all statements and discussions during the hearing prepared separately from the Minutes of Actions, or tape recordings are available to listen to, alternatively). At ~the end of discussions, the hearing was carried over until September 19, 1996. ACTION TAKEN: Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to continue the hearing on September 19, 1996. 8:30 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver under Section 100-26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article II, Section 100-25A, that Lot ~1000-104-2-28 and Lot ~1000-104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Streei A~dress: Bay Avenue (Skunk Lane), Cutchogue, NY. A public hearing was held but at the end of the hearing, Mrs. Kelly requested, and was granted by the Board, a postponement until September 19, 1996 to consult her attorney. ACTION TAKEN: Motion by Member Goehringer, seconded by Member Villa, so recess the hearing as requested by Mrs. Kelly until September 19, 1996. This resolution was duly carried (4-0 yore), and adopted. The hearing will be continued September 19, 1996. 8:43 p.m. Appl. No. 4408 - JOSEPH and AMY-SUE MALAVE. Request is made for a Variance under Article XXIV, Section 100-244B, based :upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly [ess). This 40,252 sf parcel is located in the R-80 Zone District ar 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates (1984) Filed Map, Lot 727. A public hearing was held (see tape recording for ali statements made, and/or when finalized, a verbatim transcript of all statements and discussions during the hearing prepared under separate cover). ACTION TAKEN: At the end of discussions, deliberations and a determination was rendered, noted as follows: Page 8 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals APPLICANTS: MR. AND MRS. JOSEPH MALAVE. Appl. #4408 LOCATION OF PROPERTY: 245 White Eagle Drive, Laurel, a/k/a Lot 927 on the Map of Golden View Estates. COUNTY TAX MAP DISTRICT ]000, SECTION 127, BLOCK 9, LOT 27 BASIS OF ACTION: July 29, ]996 Notice of Disapproval from the Building Inspector, re/. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 59 ft. front yard setback of new dwelling (as built) as measured from property line adjoining White Eagle Drive. MOTION MADE BY: J. Goehringer SECONDED BY: J. Dinizio. ACTION/RESOLUTION ADOPTED: APPROVED 59 FT. FRONT YARD SETBACK as applied and shown on Survey of July 26, 1996 prepared by Young & Young, L.S. REASONS/FINDINGS: Local Law adopted by Town in December 1995 did not continue the code language allowing for reduction in setbacks for subdivision lots which today may be nonconforming and over 40,000 sq. ft. There is no relief currently provided for these lots except by variance application, although schedule 100-244B allows for relief for lots under 40,000 sf. in size. The only alternative available for owners of lots over 40,000 sr. is to request a variance. The variance requested is one foot from the required 60 ft. (eff. 1/96). This type of variance is not uncommon for lots in a subdivision containing lots of this size (40,242 in an 80,000 R-80 zone), and the reduced front yard setback is similar to, or the same as, those built in this subdivision and immediate areas which were formerly allowed with a 50 ft. setback by code prevision (100-244) prior to January 1996. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanimously adopted. Page 9 - Minutes Regular Meetiug of August 21, 1996 Southold Town Board of Appeals POSTPONEMENT NOTED, AS PER REQUEST OF APPLICANT: Appl. No. 4397 - ALLEN W. OVSIANIK. Request is made for an Interpretation of the January 10, 1989 Zoning Map, Article II, Section 100-21, and Article III, Section 100-31A to confirm location of zoning district line of the "B" Business Zone District (ref. Article II, Section 100-21). Property Location: 225 Eugene's Road, Cutchogue, NY; County Tax Map ID ~1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south. No other action was taken in this project at this time. CROSS SOUND FERRY SEQRA COORDINATION. Chairman Goehringer requested a radius map showing 200 ft. from the principal site of Cross Sound Ferry Services to be included into the record. He also briefed the Board Members on the recent August session of the Town Board at which he was asked To speak regarding procedures and areas in general which involve consideration after a Notice of Disapproval from the Building Inspector. All Board Members agreed with the Planning Board's assuming lead agency status at this time. No other comments, action or resolution was offered at this time by ZBA members except as noted above. * * INFORMAL INQUIRIES BY JODY ADAMS of Peconic. Procedures of 'board applications and the resolution closing of the public hearing regarding the application of Barbara Adams were discussed briefly between Ms. Adams and ZBA. Jody Adams does not presently have an application before the Board, nor is one pending. Ms. Adams is objecting to her sister's variance requesl for an accessory shed location, which has fully been entered into the permanent file and public hearing record. * * * AGENDA ITEM NOTED THE NEXT MATTER AS A CARRYOVER FOR DELIBERATIONS/DECISION, (which hearing was concluded previously): Appl. No. 4401 DAVID DeFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-S1A, issued on the following grounds: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY; County Parcel ~1000-45-3-2. Size: 5+- acres. The Board briefly discussed whether to start deliberations without the presence of Member Tortora. NO ACTION TAKEN: It was agreed not to take any action, until the next Regular Meeting for presence of a full board. Page 10 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals NEXT HEARING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to confirm the September Regular Meeting and public hearings to be changed from September 18, 1996 to September 19, 1996, and to authorize advertisement of all new applications which are deemed complete by the Chairman and Board Secretary. Vote of the Board: Ayes: Members Doyen, Dinizio, Villa, and Goehringer. (Member Tortora was absent). This resolution was duly adopted. * * * Planning & Zoning Committee session was confirmed for tonight. Members Dinizio and Goehringer agreed to attend. There being no other business matters properly coming before the Board at this time, the meeting adjourned at approximately 9:30 p.m. Respectfully submitted, Linda Kowalski As Prepared 8/28/96 RECEIVED AND: FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold _