HomeMy WebLinkAboutZBA-03/06/1996APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen, Jr. 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, MARCH 6, 1996
7:00 - 7:30 p.m. Informal work session and review of pending files.
No formal 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, MARCH 6, 1996 commencing at 7:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Jr., Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Linda Kowalski, Board Assistant
* * *
Agenda Item I-A. TYPE II DECLARATIONS. Motion was made by
Chairman Goehringer, seconded by Member Dinizio, and duly carried, to
declare all of tonight's applications (for hearings) with regard to
setbacks, accessory apartments in existing residential dwelling structures,
and waivers under 100-26 regarding residential properties, as Type I1
Actions, without further procedure under SEQRA. The Secretary confirmed
that Notices of these Type II Actions have been made a part of each and
every file by the ZBA staff immediately after filing the applications with
the Town Clerk's Office. This resolution was duty adopted.
* *
PUBLIC HEARINGS (Agenda Item II): The legal notice and portions of the
application for were aloud for each of the following applications at the
times identified below:
7:33 p.m. Appl. ~4353 (A & B) - ESTATE OF LORETTA 'SENKO, by
Richard F. Lark, as attorney. The applicant has .filed two applications
based upon the December 11, 1995 Notice of Disapproval issued by the
Building Inspector, in which applicant was denied a building permit to
construct a one-family dwelling on vacant land for the reason that lot is
nonconforming in lot size and has been held in common ownership since
July 1, 1983:
Page 2 - Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Tow~ Board of Appeals
II. PUBLIC HEARINGS, continued:
Application A: An area variance is requested under Section 100-25
(and 100-24) based upon a claim of practical difficulties in the event a
waiver is not granted under Section 100-26. The subject lot is shown to be
adjoining another lot in common ownership improved with a single-family
dwelling on a 15,857 sq. ft. (See proposed Set-Off map dated Nov. 13,
1995, amended Feb. 12, 1996.) Subject parcels identified as County Tax
Map Parcels 1000-104-4-10 and 11 at Sterling Rd., Nassau Farms, Cutchogue.
Application B: A waiver is ~equested under Section 100-26 for the
lot as created by deed dated 2/21/58 at Liber 4432 page 170, and further
deed dated 9/24/90 at Liber 11155 page 543, for parcel containing 20,297 sq.
ft. in area and 100.0 ft. along the south side of Sterling Road, au Nassau
Farms, Cutchogue, identified as County Tax Map ~1000-104-4-10.
Richard Lark, Esq. appeared in behalf of the applicant. Also present was
Mr. Senko, Executor for the Estate of Loretta Senko. R. Abatelli appeared
as appraiser with testimony. Also appearing were several persons in
opposition to the application (Richard Wagenfass, Frank Anderson, Ken
Polywoda. (See written transcript of statements made during hearing also
filed with the Town Clerk's Office for reference.) Following testimony,
motion by Chairman Goehringer, seconded by Member Villa, and duly
carried, the hearing was declared closed, pending deliberations later (after
all hearings).
8:03 8:12 p.m. Amended Appl. No. 3649 CHRISTOPHER CONNORS.
This is an application for a variance based upon a disapproval issued by the
Building Inspector dated 2/8/96 for a building permit to construct
single-family dwelling with an insufficient front yard setback, Article
IIIA, Section 100-30A.3, and subject to obtaining approval from the Southold
Town Trustees and other appropriate agencies, concerning premises known
as 350 West Drive, Southold, NY; County Tax Map Parcel No. 1000-59-5-29.3.
Mr. and Mrs. Christopher Connors spoke in behalf of their application. No
one appeared in opposition to the variance. (See written transcript of
statements made durin~ hearing,) After receiving testimony, motion was
made by Chairman Goehringer, seconded by Member Tortora, and duly
carried, to close (conclude) the hearing, pending deliberations later.
8:12 - 8:17 p.m. Appl. No. 4364 BRUNO A. KAWECKI. This is an
application for a variance based upon a disapproval issued under Article
IIIA, Section 100-30A.4 (100-33) by the Building Inspector dated 2/14/96 for
a building permit to construct one-story accessory garage in a side yard at
premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map
Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is
required.) Jason Leonard, of Bohn Contracting appeared as agent for the
applicant. F0liowing testimony, the Board took the foliowing action:
Page 3 - MLnutes and Resolutions
Regular Meetiug of March 6, 1996
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: March 6, 1996 APPL. #4311.
APPLICANT: BRUNO KAWECKI
LOCATION OF PROPERTY: 605 Knollwood Lane, Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 6, LOT 8
BASIS OF APPEAL: Notice of Disapproval issued by the Building
InspecTor dated February 14, 1996: "...Accessory buildings and uses
shall be located in the required rear yard. Article IIIA, Section
100-30A.4 (100-33) .... "
RELIEF REQUESTED: To locate 19 ft. by 25 ft. detached, accessory
garage (one-story) building at the easterly side of the existing
dwelling with a setback from the easterly side property line at not less
than 15 feet.
MOTION MADE BY: James Dinizio, Jr.
SECONDED BY: Gerard P. Goehringer
ACTION/RESOLUTION ADOPTED: Granted as applied provided: (a) only
utilities for electric shall be allowed, as proposed, (b) that the
easterly side yard set back be not less than 15 feet, as requested.
REASONS/FINDINGS: It is difficult to place a ~ size in
the rear yard due to the contour of the l~nd ; and
foliage. No alternative location is available. Although a breezeway
dwelling connection is allowed by code for placement of a garage in this
yard, applicant prefers placement without additional constructiol~ for a
breezeway. This project is more beneficial to the applicant with easy
accessibility from t~e driveway and from the house exit. doors. The
requested relief is not unreasonable and will not cause a det. riment to
nearby properties or adverse impact on the physical or enxrironmentai
conditions in the neighborhood or district. The requested relief is
rational and is not se]f-created.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution was unanimously adopted.
ZBA:lk
Page 4 - Minutes and Resolutions
Reg~.lar Meeting of March 6, 1996
Southold Town Board of Appeals
II. PUBLIC HEARINGS, continued:
8:17 8135 p.m. Appl. No. 4365 JOSEPH A. POTTGEN. This is an
application for a variance based upon a disapproval issued under Article
XXIII, Section 100-239.4B by the Building Inspector dated 2/8/96 for a
building permit to construct a rear deck addition within .75 feet of existing
bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County
Tax Map Parcel No. 1000-57-1-27. Mr. and Mrs. Joseph Pottgen spoke in
behalf of their application. (No one appeared in person opposition the
application. ) Following testimony, motion was made by Chairman Goehringer,
seconded by Member Dinizio, and duly carried, to conclude (close) the
hearing, pending deliberations later.
8:35 9:05 p.m. Appl. No. 4366 THERESA KILDUFF. This is an
application for a Waiver under Section 100-26 of the Zoning Code, based
upon a disapproval issued under Section 100-30A.2 and 100-31A(1) dated
2/15/96 for a building permit to construct a single-family dwelling on the
grounds that this is one lot (and only one dwelling is permitted per lot).
Property referred to as Lot G on the "Map of Lots of Raymond T. Graham"
shown on survey dated March 27, 1957, and containing 20,000 sql. ft. in
area is shown to be in common ownership with Lot B, also containing 20,000
square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of
Nassau Farms, County File ~1179. County Tax Map Parcel ID No.
1000-104-2-3 (shown for 30+ years on separate assessment property cards as
98-1-22 and 104-2-3). -'Mrs. KildUff spoke in behaif of her application.
Also appearing to confirm the position of the Assessor's Office were (at
length) Assessor Robert Scott, and briefly, Assessor Scott Russell
concerning the history of town assessment records to his knowledge.
Following testimony, motion was made by Member Dinizio, seconded by
Chairman Goehringer, and duly carried, to take the following action:
Page 5- Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
Appl. No. 4366 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: March 6, 1996 APPLICANT: THERESA KILDUFF
LOCATION OF PROPERTY: 145 Bittersweet Lane, Cutchogue.
COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 2, LOT p/o 3.
ZONING CODE PROVISIONS: Article II, Section 100-26
BASIS OF REQUEST: Nonconforming lot has been held in common ownership with
an adjacent (improved) nonconforming lot for a period of time between 1983 to the
present time.
REASONS FOR GRANT OF WAIVER (also continued on Waiver Application):
1. Original deed created at Liber 4527 page 337 for 100 x 400 ft. parcel during
12,500 s.f. zoning. (1958 lot creation preexisted code changes 1958-1996).
2. Original lot lines - the exact lot lines (land outside perimeter) shown in
the original 1958 deed.
3. Tow~ issued two tax bills for two parcels, billed to Theresa Kilduff since
about 1958, and property owner believed by paying two separate tax bills,
and testimony shows that different town representatives over the last 30+-
years confirmed that the two tax bills represented two different lots, which
could not merge by (noncontiguous) ownership, The two assessment cards
were for "Theresa A. Kildnff" and lots 1000-98-1-22 and 1000-104-2-3. The
records were found to be incorrect only recently when Mrs. Kilduff applied
for a "merger detern~i~ation" from the Town. Mrs. Kilduff did not ow~a the
20,000 sq. ft. lot number which was assessed, and when corrected in 1996,
she was told her lot was never a separate parcel, and the two tax bills would
cease immediately, to correct the records.
4. Zoning adopted by Town 4{23157 permitted lot sizes of 12,500 sq. ft. or
larger (one-acre lot size requirement did not take effect until about
1]/23/71 and lot mergers were not applied until about 1983 under the Tow~
zoning code).
5. In 1976 ~ County established County Parcel numbers from separate deeds.
6. Subject parcel is shown as Lot G on the map dated March 27, 1957 prepared
bY Otto W. VanTuyl & Son, Surveyors, and as part of Lots 56 and 57 on the
Map of Nassau Farms. Also, applicant has submitted proof in letter dated
Sept. 13, 1958 from the developer Raymond T. Graham, Mr. Graham
confirmed the deposit was towards payment and purchase of two lots
designated ~B" and uG" at Nassau Farms.
7. Neighborhood consists of lots similar in size.
8. The land will not require a change or alteration in contours or slopes, or
substantial filling of land.
9. The lot is not an increase in density since proof ]las been submitted to show
this was always intended to remain a separate lot.
P'age 6 -Appl. No. 4366
Decision Rendered March 6, 1996
Matter of THERESA KILDUFF
continued from page 1)
obtained about 1988 with intent that a home would be considered at a future
date.
12. This waiver will avoid economic hardship.
13. The natural details and character of the contours ~nd slopes of the lot will
not be significantly changed or altered in any manner, and there will not be
filling of the natural land area affecting nearby environmental or flood (#13
areas, or neighboring properties.
MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer
ACTION/RESOLUTION ADOPTED: Waiver granted..
(Note: Any change of ownership (other than Kilduff) in the future may create a
different merger, and further apl:lication for a waiver may be additionally
required - as determined by the Building Inspector in a new application review.
Area variances are not necessary under these circumstances by the issuance of
this waiver. )
VOTE OF THE BOARD: Ayes: Serge J. Doyen
James Dinizio, Jr.
Gerard P. Goehringer
Nay: Robert A. Villa (no reason given)
Lydia A. Tortora (due to one deed instead of two)
This resolution was duly adopted (3-2).
Page 7 - Minutes and Resolutions
Reg~lar Meeting of March 6, 1996
$outhold Town Board of Appeals
II. PUBLIC HEARINGS, continued:
9:05 p.m. RESOLUTION: Motion was made by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to POSTPONE the hearing
under Appl. #4356 MARTIN aud CHRISTINE KOSMYNKA, without a new
date (requiring re-advertising) as requested by applicant. This was a
request based upon the December 6, 1995 Notice of Disapproval issued by
the Building Inspector, in which applicant was denied a building permit to
construct an accessory garage building in the required front yard at less
than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel ~ii000-98-1-11.2.
This parcel consists of a size under 20,000 sq. ft., and the principal front
yard setback is shown under Article XXIV, Section 100-244B.
This resolution was duly adopted.
* *
III. Other Resolutions or Updates:
A. New Application of JOYCE AND R. WESTERBEKE: Review of
papers from applicant by Board Members and discussion of criteria as to
Code requirement for Accessory Apartment Special Exception. CO was
issued after 1/84, although building permit was issued before 1/84.
Resolution is required if application is returned. Motion was made by
Member Tortora, seconded by Member Dinizio, and duly carried, to RETURN
all application documentation to Mrs. Joyce Westerbeke under Appl. No. 4367
for a Special Exception for an Accessory Apartment, for the reason that this
project does not meet the requirement of the Code pertaining to issuance of
a Certificate of Occupancy prior to January 1984. The C.O. for the
property was issued in 1988, and the Board did not feel that the issuance of
a building permit in November 1983 would suffice (the house wasn't built in
the 30 days prior to 1/1/84). (Members Dinizio and Goehringer indicated
that will plan to discuss possible recommendations for a new C.O. date with
the Code Committee concerning Accessory Apartments in the future.)
B. Update for Board Members: No session scheduled as of today for
either Committee on Planning & Zoning Matters, or Committee on Code
Reviews.
C. Chairman to request Board discussion on Code Changes on the
following topics either tonight or at another meeting. Also Chairman to
designate board members'for attendance at Code Committee Session when
scheduled regarding the following ZBA matters, and to request start of
meeting early in the evening instead of during daytime hours:
1) Nonconforming buildings
2) Nonconforming uses
3) Special Exceptions - time periods to run from agency
approvals, or other time duration as may be agreed upon for future
applications.
4) Waivers under Merger Law (requested by Member Tortora).
Page 8 - Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
O.. Resolution: Motion was made by Chairman Goehringer, seconded
by Member Dinizio, and duly carried, to advertise new applications filed by
3/12 which are deemed complete by Chairman and Board Secretary for the
Wednesday, April 3, 1996 hearings calendar and Regular Meeting, Legal
Notice confirmed as follows:
7:32 p.m. Appl. #4368 - SUSAN PARK UTZ. The applicant is requesting a
Waiver under Section 100-26 of the Zoning Ordinance, based upon the
Building Inspector's March 14, 1996 Notice of Disapproval, in which
applicant was denied a building permit to construct a one-family dwelling on
vacant land based upon information received by the assessors office since
issuance of January 24, 1996 Notice of Disapproval (rear yard setback).
Under Article II, Section 100-25A enacted 1/1/96, the subjecz lot has been
held in common ownership with an adjacent lot from 6/17/95 until recently.
Town records show the subject parcel was single and separate prior to
6/17/95 when deed transfer was recorded in the Suffolk County Clerk's
Office in a probate matter. The subject lot is shown to be in common
ownership with an adjoining substandard lot (1000-18-1-9) improved with a
single-family dwelling. The subject parcel is identified as County Tax Map
Parcel No. 1000-18-1-12, and has been assessed as a separate parcel known
as 295 Youngs Road, Orient for more than 32 years.
7:35 p.m. Appl. No. 4370 - HUGH MURPHY. This is an application for a
variance based upon the Building Inspector's March 8, 1996 Notice of
Disapproval issued under Article XXIV, Section 100-244 in which applicant
applied for a building permit to construct an addition to an existing
dwelling with an insufficient front yard setback, at premises knOwn as 3105
Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-6-8.
A 35 ft. front yard setback, or the average established within 300 feet on
the same block, is required on a parcel containing 12,500+- sq. ft.
7:40 p.m. Appt. No. 4368 - GEORGE JOHNSTON. This is an application
for a variance based upon a disapproval issued by the Building Inspector
dated 2/115/96 in which applicant requested a building permit to construct
accessory garage building with an insufficient front yard setback and with
lot coverage over the 20% limitation (for ail building construction),
Article III, Section 100-33C (from Section 100-30A.4) and Article IIIA,
Section 100-30A. 3, Bulk Zoning Regulation Schedule. Location of
Property: 85 Mesrobian Drive (private road), Laurel, NY; County Tax Map
Parcel No. 1000-145-4-6.
7:45 p.m. Appl~ No. 4369 JESSE and SHELLEY REECE, Contract
Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for
a variance based Upon the Building Inspector's February 9, 1996 Notice of
Disapproval issued under Article III, Sections 100-31A and 100-31C(2-b) in
which applied has applied for a building permit to alter an existing
accessory "shed" building (instead of principal dwelling) for occupancy as
an artist studio wherein glass works of art will be produced. Location of
Property: 800 Haiyoake Avenue, Orient, NY; County Tax Map Parcel No.
1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District.
Page 9 - Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
(Resolution to Advertise, continued: )
8:00 p.m. Appl. No. 4371 - JOSEPH KANE. This is an application for a
Variance due to insufficient total side yards based upon the Building
Inspector's March 12, 1996 Notice of Disapproval issued under Article XXIV,
Section 100-244 in an application for a building permit to construct a
single-family dwelling. Property Location: 3100 Sound Drive, Greenport,
NY; County Tax Map Parcel No. 1000-33-1-8.
This resolution was duly adopted.
* * *
ZBA WORKSHOP: The Chairman confirmed a "workshop" to be held
on March 29, 1995 at 7:15 p.m. to discuss possible Code Change
recommendations from the ZBA members. The Chairman would like to have
each member give suggestions for any changes (in draft form if lengthy) for
transmittal to the Code Committee before the next session. Also Member
Dinizio would be able to attend Committee meetings (Code Committee, and
Planning and Zoning) if it's scheduled for the evenings .after 6 p.m. (it was
always 7:00 or 7:30 p.m. before 1994). Two or three members indicated
they would also attend if it is held after 6 p.m.; the Chairman agreed to
send the request.
* *
IV. DELIBERATIONS/ACTIONS:
A. Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND).
The Chairman reflected on the status of this pending application and
indicated that he would like the Board Members to discuss the draft
determination prepared by the Board Secretary Linda Kowaiski which is
before the board at this time. The Chairman continued with the first couple
of pages. Member Villa indicated that he would like more time to read the
draft. Board Secretary reminded Member Villa that the draft before the
board were m~nor additions or word re-arrangements, and that these include
most of what Member Villa's concerns were, as well as Member Diniziots and
Member Tortora's concerns. The Sec~cetary confirmed that there were 11
pages in the previous draft that she had discussed with each member
(individually) last week, and now there were 10 pages due to a few lines
due to a little repetition. The Secretary said the Chairman asked that some
of the repetition remain any way, and that is where we are at this moment;
The Chairman continued with other mac,ers after taking a ]5-minute break,
and returned to the Robins Island matter to discuss the draft before the
Board at 9:35 p.m. Deliberations continued until approximately 10:15 p.m.
regarding the multiple variance requests in this project. Approximately 20
persons were in the audience (including representatives for Robins Island:
Attorney Kevin Law and Architect James Thompson). See Board Action
taken following the Christopher Connors Determination at page 1 8 hereof.
* *
Page l0 - Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
Appl. No. 4353,~ & B ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: March 6, 1996 APPLICANT: ESTATE OF LORETTA SENKO
LOCATION OF PROPERTY: 950 Slerling Road, Cutchogue.
COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 010.
APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26
BASIS OF REQUEST: Nonconforming lot has been held in common ownership
with an adjacent nonconforming lot for a period of time between 1983 to the
present time. (Area variance was filed by applicant on 2/1/96. ZBA office
suggested that if applicant wanted to apply for a "Waiver under 100-25",
separate forms are required. The application was amended to include the
Waiver Form Application and additional notice to neighbors on 2/13/96.)
Reasons for Grant of Waiver (also continued on ZBA Waiver Application):
1. Subject lot created 2/21/58 by deed at Liber 4432 p. 170 at time of 12,500
s.f. lot area and 10(] ft. lot width size requirements.
2. Original lot lines are unchanged since the original 1958 deed
(adjoining lot has a separate description in deed at Liber 3275
page 240 dated
3. Town issued single tax hills for each parcel since lot creation.
4. Zoning adopted by Town 4/23~57 (lot merger law did not go into effect
until abOut 1983 under Town zoning code).
5. In 1976 - County established County Parcel numbers from separate deeds.
6. Original ~ed SubdivisiOn Map #1179 in County Clerk's Offices has County
Health Department stamp of approval.
7. Neighborhood consists of lots similar in size.
8. In accepting this approval, applicant agrees to covenant the land with
as a condition to this Waiver that the natural, existing land
contours and slopes will not he physically altered or changed, nor
filled.
9. The lot is not an increase in density since proof has been submitted to
show this was always intended to remain a separate lot.
10. A large number of the lots in this development have been built upon.
11. This waiver will avoid economic hardship. 12. The natural details and
character of the contours and slopes of the lot will not he
significantly changed or altered in any manner, and there will not be
filling of the natural land area affecting nearby environmental or
_.flood areas, or neighboring properties.
MOTION MADE BY Lydia Tortora SECONDED BY James Dinizio, Jr.
ACTION/RESOLUTION ADOPTED." Waiver granted as applied. (Further, area
Page ii- Appl. No. 4353
Application of ESTATE OF LORETTA SENKO
Decision Rendered March 6, 1996
variances as to lot size are not necessary due To the issuance of this waiver.)
VOTE OF THE BOARD: Ayes: Serge J. Doyen
James Dinizio, Jr.
Lydia A. Tortora
Nays: Robert A. Villa (no reason given)
Gerard P. Goehringer - whose position is that these lots
should be more equal i~ size - there is a substantial difference
of 25% for the house, lot.
This resolution was duly .: adopted (3-2).
Page 12- Minutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
ACTION OF THE BOARD
Appl. No. 4365 - JOSEPH A. POTTGEN.
This is an application for a variance based upon a disapproval
issued under Article XXIII, Section 100-239.4B by the Building
Inspector dated 2/8/96 for a building permit to construct a rear deck
addition within 75 feet of existing bulkhead. Location of Protoerty
550 Blue Marlin Drive, Southold; County Tax Map Parcel] No.
1000-57-1-27.
WHEREAS, a public hearing was held on March 6, 1996, at which
time alt persons who desired To be heard were heard and their
testimony recorded;
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are familiar
with the premises in question, its present zoning, and the
surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants seek a variance under Article
XXIII, Section 100-239.4B of the Zoning Code for the location of an
open deck addition in a rear yard area, proposed at between 50 and
52 feet from the existing bulkhead, all as shown on a copy of a map,
as sketched to show the proposed setback. The original survey was
prepared by Hawkins and Webb, Surveyors, dated May 1966.
2. The premises in question is identified on the Suffolk County
Taxx Maps as District 1000, Section 57, Block 1, Lot 27, and is known
and referred to as Lot No. 6 on the Map of Southold Shores.
3. This parcel contains a total lot area of approxinately
one-half acre, and is improve3d with a one-story frame dwelling built
by a previous owner in about 1968.
4. For the record, Section 100-239.4B of the Zoning Code was
initially adopted under "Local Law ~4-1985 Section 100-119.2B"
pertaining to building setbacks from water bodies, and readded on
May 17, 1988, (after removal (printer's error) during an amendment for
about six weeks) under Local Law it]5-1988.
Page 13- Appl. No. 4365
Matter of JOSEPH A. POTTGEN
Decision Rendered March 6, 1996
5. Article XXIII, Section 100-239.4B (re-numbered from
100-119.2B on January 10, 1989 under the Master Plan revisions)
continues to require that all buildings and structures located on lots
upon which a bulkhead, concrete wall, rip-rap or similar structure
exists and which are adjacent to tidal water bodies other than the
Long Island Sound, to be set back not less than seventy-five (75)
feet. The exception to this requirement is shown to be when new
construction is located landward of existing building(s) on the lot.
6. In viewing the history of permits and existing buildings in
this waterfront community, the following information was found
(preexisting of the subject code provision unless otherwise noted
below):
a) CTM Lot #29 (Kelly) 53' setback (1992 variance issued);
b) CTM Lot #30 (Mesbah) - (no variance needed per
building permit issued in 1988);
e) CTM Lot #33 (Burke/Weitman) deck at 50+- feet (no
variance needed);
d) CTM Lot #34 (Paeifieo) - setback 48+- feet (no variance
found for bulkhead setback; building permits found of
record issued under code au that time);
e) Lot 334 50+- ft. to outside edge of bulkhead.
7. The Board of Southold Town Trustees has issued a Waiver
under the Wetlands Regulations of the Southold Town Code at its
September 28, 1995 meeting for a 1,000 square ft. deck.
8. It is the position of this Board in considering this
application:
(a) the relief requested for a setback at 50, 51 or 52 feet
is not the minimum necessary to afford relief, and the alternative is
more reasonable under the circumstances of the area;
(b) the setback granted is substantial at 22 feet less than
the requirement, or 29%; however, this setback is similar to those
generally existing in the neighborhood, as noted above;
(c the variance requested is not self-created;
(d) the relief, as alternatively granted, will not create a
substantial change in the character of the neighborhood along this
bulkhead and waterway, and although there will be a minor visual
effect, there will not be an adverse detriment created in the
neighborhood or district for the type of construction (restricted
herein for an open deck);
Page 14-Appl. No. 4365
Matter of JOSEPH A. POTTGEN
Decision Rendered March 6, 1996
(e) it is not uncommon for an owner to request a setback
variance when homes were built prior to the enactment of the law
under consideration;
(f) the relief requested will not cause a substantial
effect on available government facilities since the addition is
restricted to "open deck" construction, retaining its single-family
residential character in this residential, waterfront community;
(g) the benefit to the applicant is greater when weighed
agains~ the health, safety and welfare of the community;
(h) in view of all the above, the interests of justice will
be served by denying the relief requested, and alternatively granting
other relief, as noted below.
Accordingly, on motion by Member Villa, seconded by
Member Dinizio, it was
RESOLVED, to DENY the relief requested, and to GRANT
ALTERNATIVE RELIEF for a setback az not less than 53 feet from the
closest point between the proposed deck at the rear of the dwelling
and the bulkhead.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio,
Villa and Tortora. This resolution was duly adopted.
* *
Page 15- l~inutes and Resolutions
Regular Meeting of March 6, 1996
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 3648 as amended 2/13/96: Application of CHRISTOPHER
CONNORS~ for a variance based upon a Notice of Disapproval issued
by the Building Inspector dated 2/8/96 for a building permit to
construct single-family dwelling with an insufficient front yard
setback, Article IliA, Section 100-30A.3, and subject to obtaining
approval from the Southold Town Trustees and other appropriate
agencies, concerning premises known as 350 West Drive, Southold,
NY; County Tax Map Parcel No. 1000-59-5-29.3.
WHEREAS, after due notice, a public hearing was held on
March 6, 1996, and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered aH testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and the
surrounding areas; and
WHEREAS.~ the Board made the following findings of fact:
1. This is an application for an "area" setback variance.
The appellant has applied to the Building Inspector for permission
to locate a proposed single-family dwelling. The application for a
building permit was disapproved on the grounds that "under Article
IIIA, Section 100-30A.3, proposed construction will not have
sufficient front yard setback - minimum 40 ft. required."
2. The subject lot is referred to as 350 West Drive, South-
old, New York, and contains a lot width of 133.33 feet and lot area
of 20,000 square feet. This parcel was created by town approval
on March 16, 1972 under Appl. No. 1506 (Map of Druhl), and is
vacant.
3. In this application, applicant proposes to locate a new
dwelling at 26 feet from the front property line along West Drive,
Southold pursuant to recommendations and discussions with the
Town Trustees' personnel, and locating a smaller house as far from
the wetland area as possible. The remaining yard setbacks will be
in accordance with the code requirements applicable to a nonconform-
Page 16- Appeal No. 3648
Application of CHRISTOPHER CONNORS & auo.
Decision Rendered March 6, 1996
lng lot of this size (ref. Section 100-244 as amended 12/95).
4. In considering this application, the following facts are
also noted:
(a) approval has been issued by the Suffolk County
Department of Health dated January 25, 1996, under HS Ref. No.
R-10-940071, in accordance with a Board of Review determination
dated December 17, 1993.
(b) by Supreme Court Order granted July 1, 1992,
Justice Thomas M. Stark, it was ordered that this property is
exempt pursuant to the Environmental Conservation Law, Section
24-1305 from having the requirement of a freshwater wetlands
permit for land uses referred to in the NYS Department of
Environmental Conservation letter dated June 25, 1992 (DEC Ref.
No. 1-4738-00560[00001-0;
(c) the Southold Town Board of Trustees have on
February 28, 1996 issued a Negative Declaration, determining
non-significance under the SEQRA regulations;
(d) under reviews by the Town Planning Board on or
about March 24, 1970, the Town Board of Appeals dated March 16,
1972, and the Building Inspector dated December 13, 1972, it was
determined that the lot was a separate lot for the purposes of
zoning and building;
(e) under Certificate of Occupancy No. Z-15292 dated
February 23, 1987, the Building Inspector certified that the vacant
lot cOnforms substantially to the applicable provisions of the
Zoning Code (issued to Dorothy Babson and Daniel Gurkln);
5. Further, the Board finds and determines:
(a) the circumstances are 1~niquely related to the
sensitive nature, unique characteristics, dimensions, contours, and
location of the property;
(b) there is no alternative for applicants to pursue
other than a setback variance;
(c) the variance requested will create a m/ninaal visual
change in the character of the neighborhood along this street, and
may cause a minor visual detriment, if any, to adjoining
properties, although presently vacant, when comparing the
difference of 14 feet (the code requirement of 40 feet less the
requested 26 ft. setback, and any possible alternative to that
figure};
Page iY - Appeal No. 3648
Application of CHRISTOPHER CONNORS & ano.
Decision Rendered March 6, 1996
(d) the relief requested is substantial at 14 feet, or
35%, however, the reasons for this request are rational and
necessary, arid the variance as granted is the minimum which would
allow some benefit to the property owner within reason, and at the
same time not have all adverse effect or impact on physical or
envirorunental conditions in the neighorhood (also see SEQRA
Negative Declaration dated 2/28/96 by the Town Trustees);
(e) it is not uncommon for an owner to request a set
back variance in order to preserve the environmental character-
istics of the property (such as wetland grasses, etc.);
(f) the variance requested does not involve an increase
in living area or dwelling unit density;
(g) the relief requested will not cause a substantial
effect on available governmental facilities since the structure is
for single-family use in a residential zone district and
residential neighborhood;
(h) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring, properties, and the benefit to
the applicant is .greater when weighed against the health, safety,
and welfare of the community;
(i) the relief requested is not self-created by
applicant;
(j) in considering all the above factors, the interests
of justice will be served by granting the variance as noted below.
Accordingly, on motion by Member Dinlzio, seconded by
Member Doyen, it was
RESOLVED, to GRANT a Variance for the front yard setback
at 26 feet as requested (and shown on the Map last rev{sed Octo-
ber 23, 1995, prepared by Peconic Surveyors, P:C. for the
applicant).
Vote of the Board: Ayes: Messrs. Doyen, Goehringer and
Dinizio. Nays: Members Tortora and Villa. This resolution was
duly adopted (3-2 margin). (During a period of time in the
deliberations prior to Member Dinizio's offering this motion, some
dissention was discussed. The Chairman asked several tin~es if
Page 18 March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
FINDINGS OF FACT AND DETERMINATION
Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an
application for variances, based upon the owner's application for a
building permit to construct, and the Building Inspector's issuance of two
Notices of Disapproval, the grounds for whieh are noted as follows:
D.1 (E.1) Family Vacation Home will exceed the principal
building height limitation stated in the Bulk Schedule of 35
feet, in this R-400 Residential Zone.
D.1 (E.1) Family Vacation Home as a principal one-family
use; Building C. 7 Caretaker Cottage for year-round use and
occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1)
Agricultural Compound, D.4 (Eo4) Garage with staff or guest
quarters each as an accessory: One Family Dwelling not to
exceed one (1) dwelling on each lot under Permitted uses in
an R-400 Zone. Action required by the Zoning Board of
Appeals. All buildings which will contain living quarters
as an accessory with an extension of the principal one-family
dwelling use and/or which exceed 18 ft. height limitation as
an accessory are being considered for variances under Article
III, Section 100-33A.
A.2 Boat House, B.1 Lane Lodge, BI.1 Garage, B.2 Mackay
Cottage, C. 1 Recreation Building, C. 7 Caretaker' s Cottage,
D. 4 ( E. 4 ) Garage with staff quarters, BI. 2 Mechanical
Services Building and B2.1 Mackay Garage will exceed 18'
height limitation as accessory buildings, Article III,
Section 100-33A.
(Approvals required by the Zoning Board of Appeals before
building permits may be granted. )
Location of Property: Robins Island, near North Race of Great Peconic Bay,
Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+- acres.
WHEREAS, an inspection of the property and the specific areas under
consideration has been attended by members of the Board of Appeals; and
WHEREAS, all procedures have been properly followed and a Negative
Declaration under the New York State Environmental Quality Review Act was
declared on February 7, 1996 by the Lead Agency Board of Appeals after
coordination with the involved agencies; and
WHEREAS, after due notice, public hearings were held on December 6,
1995 initially, and continuing for additional information and discussions on
January 10, 1996 and February 7, 1996,
WHEREAS, the Board has carefully considered all testimony and
documentation submitted conce~rning this application; and
Page 19 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
WHEREAS, the Board of Appeals hereby confirms the following Findings
of Fact:
REQUESTED RELIEF:
~. By this application, appellant requests several variances under the
Southold Town Zoning Code relative to Article III, Section 100-33A and Bulk
Schedule applicable to the R-400 Zone District. More specifically, the
following buildings are the subject of the relief requested and are shown on
the proposed "Plan" dated November 6, 1995, prepared by James A.
Thompson, Architect. The general location of these buildings, which are
under the jurisdiction of the Board of Appeals in this variance application,
are identified by the key coordinates~ listed below:
A2 New boat house building - 40' North West of 277,000 x 2,423,500
Height Requested: 29.5 ft. height maximum with 1-1/2 stories
B1 Lane House - 190' West of 276,500 x 2,424,000
Height Requested: 25 ft. maximum height with 2-1/2 stories
C1 New recreational building - 325' North West of 275,500 x 2,424,000
Height requested: 45 feet maximum with two stories;
C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500
Height requested: 25 feet maximum with two stories;
D1 Family Vacation Home - 95' North of 272,000 x 2,425,000
Height requested: 45 feet maximum with 2-1/2 stories;
D4 Garage - 225' South West of 272,500 x 2,425,000
Height requested: 25 ft. height maximum with two stories.
Also noted are the following buildings which will be interpreted by the Board
of Appeals to be subordinate and accessory to the principal building con-
taining various accommodations as described hereinafter:
A2' "Boat house building" - 40' North West of 277,000 x 2,423,500.
B1 "Lane House" - 190' West of 276,500 x 2,424,000
B2 "Mackay" building - 165' North East of 276,500 x 2,424,000
C4 Agricultural-Maintenance Compound" 220' North of 275,500 x 2,424,500,
C7 "Caretaker" buil~ting - 215' South West of 275,500 x 2,424,500
D4 "Garage/Staff" building - 225' South West of 272,500 x 2,425,000.
PRESENT SITE DATA:
2. The premises in question is an island consisting of approximately
435 acres, located in the R-400 Residential Zone District. The land is all
in one ownership and is a single parcel for the purposes of building and
zoning. The property is presently improved with the following buildings,
identified from the "Historic Buildings Inventory" map prepared by
~ New York State's Plane Geometry Northing and Easting Coordinate
System, Long Island Zbne
Page 2(] March 6, ]996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Landmarks, Randall Parsons & Associates, and Robert J. Heffner, Jan. 1995,
and survey by John J. Raynor, Nov. 28, 1994:
a. Lane Building (referred to as Lane House B1)
b. Clubhouse (referred to as Mackay Cottage B2)
c. Cottage "Duck Inn" (B5) (to be demolished)
d. Ice House (B3)
e. Barn Complex (C4)
f. Granary (part of C Area)
g. Large game keepers building (part of C Area)
h. Breeder building complex (C Area) (to be demolished)
i. Fire cistern (C9)
j. Two windmills
k. Temporary greenhouse-type structure(s).
SETBACKS and BUFFERS.
3. Also, in considering and evaluating this application, the record
includes, but is not limited to, the following information and facts:
a. Location of all currently proposed buildings and structures under
this variance request will be as identified on The Schematic Diagram entitled
"Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson,
Architect, dated November 6, 1995 and as more specifically described within
plus or minus 50 feet of the grid location markers in accordance with the New
York State's Plane Coordinate SysTem, Long Island zone; and
b. Applicant agrees to comply with all clearing and buffer retention
standards and regulations as may be required by the Southo]d Town Trustees,
N.Y.S. Department of Environmental Conservation. All roads shall be
adequate for safe, emergency access in accordance with recommendations that
may be made, or agreement with the local (fire) district having jurisdiction
thereunder that may be entered into.
4. BASTS OF APPEAL/ZONING CODE PROVISIONS:
Article III, Section 100~33A of the Zoning Code provides that
"...in the...R-400 District, accessory buildings and structures or other
accessory uses shall be located in the required rear yard, subject to the
following requirements: A. Such buildings shall not exceed eighteen (18)
feet in height...
Article III, SeCtion 100-31C provides for specific types of uses in
accessory buildings and structures under subsections (3) through (9) thereof
(boat docking facilities, garden house, toolhouse, storage building,
playhouse, pool, tennis court, private garage, parking spaces, storage of a
boat or travel trailer, certain housing for certain animals, yard sales, all
subordinate and related to the principal residence of the premises.
Article XXIII, Section 100-231 restricts fences (including fencing for
tennis courts) to height limitations between 4 and 6.5 feet, in respective
front, and side or rear yard areas.
Page 21 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Article III, Section 100-3lA provides for a principal (or primary)
one-family detached dwelling use in a building which meets the yard, height,
and parking requirements set forth in the Bulk Schedule. The requirement
for the principal building is set forth at 35 feet in height (applicable to
the proposed Vacation House building in the "Plan").
5. TOWN LAW STANDARDS]OTHER CONSIDERATIONS
Among other considerations included in this variance application, the
Board of Appeals is required to balance two elements: the benefit to
applicant from the variance, and the detriment to the health, safety and
welfare of the community or neighborhood that would occur if the variance
were to be granted. [n balancing the standards of law relative to these two
elements, the following factors have been considered and determined:
(a) The relief requested does not pose any threat to the health,
safety, and welfare of the community. There will not be an undesirable
change produced in the character of the neighborhood or a detriment to
nearby properties created by the grant of this variance and conditions. The
essential historical, agricultural and residential character of the island
will not be changed. There will. be no significant change in the number of
buildings containing habitable quarters on the property (in comparison to
those presently existing or which occupied the island before the original
ordinance was adopted).
(b) The benefit sought by the applicant can otherwise be achieved
only by a major subdivision which was not encouraged by Town Departments
since the whole concept of preserving the historical and residential
character of the island is beneficial to all. No other method is available
other than by variance approval.
(c) The requested variances are not substantial in relation to the
preestablished height of buildings presently existing at the site and
preexisting use of the buildings; the proposed "Plan" is designed as a
"family compound" rather than as a subdivision of individual lot owners which
allows for the comprehensive management of the natural resources of the
Island as a single parcel.
(d) The proposed "Plan" wilt not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district.
Further, the "Plan" observes the spirit of the Town Code, is consistent with
the Town of Southold Master Plan, and furthers the public interest. {Also
see Negative Declaration under SEQRA adopted February 7, !996).
(e) The relief requested is not self-created or personal to the
landowner, by the fact that the island is a singie lot, the needs are related
to the strict application of the zoning ordinance, the unique size, and
natural characteristics Of the land, historic nature of the buildings and
property, as well as the isolated nature of the island, limited access, and
other unique characteristics described in the above findings of fact that are
not shared by all properties in the vicinity of this property and same use
districts, and other facts submitted under this application.
Page 22 March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
(f) The large size of this single parcel (435 acres), the isolated
nature of the island with access only over water and by air, and its rural
and historic character create unique requirements for accessory buildings and
on-site support staff living, that cannot be found in other projects and
which play a large part in this decision.
6. BOARD DETERMINATION AND CONDITIONS:
ACCORDINGLY, on motion by Member Villa, seconded by Chairman
Goehringer, it was
RESOLVED, to APPROVE the relief requested under Appl. No. 4354 in
the Matter of the Application of LOUIS MOORE BACON, SUBJECT TO THE
FOLLOWING CONDITIONS:
Height, Expansion, and/or Use:
1. a. The height~ and sizes of all existing and proposed buildings
requiring variances shall be approved as follows:
A.2 Boat House building - maximum 29.6 ft. height at 1-1/2
stories. The percentage of relief is approximately 64%, or 11.6 ft.
B1 Lane House - maximum 25 ft. height at 2-1/2 stories. The
percentage of relief requested in relation to the requirement for an
accessory building is 39%, or seven ft.
C.1 Recreational building - maximum 45 ft. height at two stories.
The percentage of relief requested is substantial at 150% or 27 ft. more
than the 18 ft. code requirement for a new building, (but not
substantial in relation to the 35 ft. height of the presently
existing barn building. )
C? Caretaker Cotta~ - maximum 25 ft. height maximum and two
stories. The percentage of relief requested in relation to the
requirement for an accessory building is 39%, or seven feet.
DI Family Vacation Home - limited to 45 ft. height maximum and 2-1/2
stores. The percentage of relief is 28.5%, or I0 feet.
D.4 Garage building with staff quarters - height at 25 ft. and two
stories. The percentage of relief is 39%, or seven ft.
1. b. The following buildings shall be permitted as unattached extensions
to and subordinate and accessory To the principal building described as
follows:
2 Height is defined under "Section 100-13 Definitions" of the
Southold Town Zoning Code.
Page 23 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
(1) (a) B2 "Mackay Cottage" building as an extension of use
which shall be subordinate and accessory to the principal building and
with a living area and single kitchen; (b) BI "Lane Lodge" building as
an extension of use subordinate and accessory to the principal building
and with living area and a single kitchen; (c) C7 "Caretaker's
Cottage" building as an extension of use subordinate and accessory to
the principal building and with living area and a single kitchen;
(d) D4 "Garage with Staff Quarters" building as an extension of use
subordinate and accessory to the principal building, and with sleeping
accommodations and allowable microwave-cooking, rather than a
permanent kitchen facility, for periodic vacation house staff, and not
to be rented separately from the other buildings, nor treated as a
dwelling or separate living unit, (unless further application and
approval or waiver is granted for modification); and
(2) A2 "Boat house building" shall be limited to office and
lounge areas for security personnel and staff, and as an accessory
building subordinate to the principal building, as well as for docking
and storage of boats used by the owner and the owner's family, their
employees and guests (as needed for transportation, security, family
activities, and other island-related uses) - however, no kitchen
accommodations are permitted (unless further application and approval or
waiver is granted for the modification); and
(3) C4 "Agricultural-Maintenance Compound" building use shall
be limited to periodic sleeping accommodations and a single,
shared-kitchen facility for up to four persons (agricultural staff) in
this compound only, and not as a separate dwelling or guest unit, in
addition to permitted agricultural activities, workshops, and accessory
fuel storage and other storage uses (unless further application and
approval or waiver is granted for the modification).
c. Future enlargement or expansion of the nonconformity (those
buildings containing extended use of accessory buildings for habitable
quarters) in addition to that requested under this application shall require
written notification to the Board of Appeals, and if deemed necessary by the
Board of Appeals, further application for the new expanded areas will be
required (ref: current Section 100-241 or future Zoning Code regulations
pertaining to "nonconformities").
d. To the greatest extent practicable, the presently existing, natural
vegetated 20 ft. deep buffer between the proposed Vacation Home and the
top of the bluff shall maintained and replaced only if necessary due to
damage by environmental conditions, unless otherwise determined by the
Board of Appeals at a future date. (This condition is related to the height
request for the Family Vacation Home. )
e. The setback of the "Family Vacation Home" shall be at 100 feet, or
more, from the top of the presently existing, undisturbed bluff areas. (This
condition is related to the height request for the Family Vacation Home.)
Page 24 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
f. All buildings and structures shall meet or exceed Town require-
'merits and regulations for setbacks from bluffs and beaches as required by
appropriate environmental agencies (Town Trustees and NYS DEC).
g. Ail fencing for the tennis court shall not exceed a total height at
10 feet above natural grade, as proposed; and there shall be no lighting for
after-dark tennis court use as regulated by subsection 4-b of Section 100-31
of the Zoning Code.
h. It shall be understood that the "Family Vacation Home" will be (is)
the principal residential building and use, and other buildings (proposed in
the "Plan") are subordinate and accessory to the Family Vacation Home.
i. The "Family Vacation Home" building as the principal use will be
(is) permitted to be constructed at a mean height of 45 feet.
Lighting, Utilities, And Other:
2. a. That this approval is subject to the owner obtaining written
approvals from the Southo]d Town Building Department, Suffolk County
Department of Health Services, and other applicable governmental
jurisdiction, as required, before commencing each respective construction
activity, including the storage hazardous or toxic materials on the island
and as regulated under Article 12, Suffolk County Health Department
regulations.
b. That exterior lighting, if any, must be shielded to the ground and
not be adverse to neighboring areas.
c. That electrical and plumbing utilities are permitted in all
buildings, and except as otherwise applied for in this application, all other
accessory buildings shall be utilized for storage and uses as provided by the
Zoning Code (presently referred to as Section 100-33) which outlines specific
uses or activities allowed in accessory buildings.
Other Conditions
3. a, That notice, and where required, written application shall be
made to the Southold Town Board of Appeals for any change, modification,
alte])ation to the Plan. The Board of Appeals reserves the right to require a
new public hearing and may take action (under its jurisdiction) as it deems
necessary. Nothing shall be construed herein to prohibit the applicant from
constructing other buildings and structures pursuant to law, provided
variances and other approvals where required are obtained.
b. The owner must obtain applicable agency approvals including the
Federal Aviation Administration, Southold Town Board, New York State
Department of Environmental Conservation, Suffolk County Department of
Health Services including County Article 12, Town Building Department,
and any other agency having jurisdiction as set forth in the application
(and the "Plan").
Page 25 - March 6, 1996
Appl. No. ~354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
c. Approval is required by the Southold Town Planning Board (and
other applieable agencies) in the event that the property is to be proposed
for a subdivision. Any type of new development, other than a proposed
subdivision, will require written notice to the Board of Appeals, and/or
further approval and/or waiver by the Board of Appeals or other agencies
where appropriate. Such changes will be governed by the laws and
regulations in effect at the time of those future applications and other
agency actions, or variances that be granted therefrom. Nothing shall be
construed by any of these conditions to limit the potential yield of the
entire property as may be determined by the Planning Board in the event a
subdivision is ever proposed for the property.
d. The applicant agrees to advise the Board of Appeals in writing
(briefly - one page) as to the construction status letter of this "Plan"
every year commencing 4/1997 and until fully implemented and to advise the
Board at that time, in writing, of any changes, modifications, alterations,
or other proposals in this "Plan," except that accessory buildings and
structures, agricultural buildings, sheds and storage buildings, gazebos, and
other code-permitted accessory buildings, will not be required as part of a
status report.
e. The Board of Appeals, or its representative, reserves the right to
inquire on the status of any portion of the projeet at any time, particularly
if the owner fails to show intent to commence construction, or fails to
continue construetion activities within the time periods authorized under
town building permits.
f. The new family residence (referred to as vacation home) shall be the
principal residential building and may not be leased or rented separately
from any of the accessory buildings, unless other~dse agreed to by the Board
of Appeals. All terms and conditions herein shall be binding on all lessees
and/or Iessor(s). Further, any lease or other type of possession of the
property or of its agricultural acreage and hunting operations shall be in
compliance with all applicable rules and regulations of the Town Code. Any
and all hunting operations or hunting-related activities shall be limited to
non-commercial purposes, and consistent with the use of Robins Island as a
private shooting preserve licensed by the New York State Department of
Environmental Conservation. Any change in this use will require approval of
the Board of Appeals.
g. In light of the historic use of the property, unique access issues
of the island and isolated nature of access, and the Town's desire to see
this building completed and restored, the Lane House a/k/~ Lane Lodge may
be used wdth a single kitchen and used as guest quarters for up to 12
non-paying g~uests and employees of the owner of the property. These
quarters shall be used periodically but not more than 180 days per year, as
agreed to by the applicant, or as otherwise determined by the Board of
Appeals.
h. The new caretaker cottage shall be an accessory building. In light
of the historic use of the property, the size and isolated nature of the
island and the unique access issues of the island, the owner of the property
Page 26 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
(must have an employee on-site to conduct 24-hour monitoring of the island.
That employee and his/her immediate family may reside year-round in the C7
Caretaker Cottage with a single, full kitchen facility, for purposes of
monitoring the island.
i. The existing Mackay Cottage shall be considered in the proposed
"Plan" as an accessory building. In the event the vacation family home is
never built, the Mackay Cottage will become, or return to, the principal
building, unless the ZBA designates otherwise, and other buildings will be
remain accessory thereto. In light of the isolated nature of the island and
the historic use of the building, the Mackay Cottage may be used as living
quarters with a kitchen facility and for overnight accommodations, for up to
six shooting staff or non-paying guests of the owner of the property. The
Mackay Cottage, as an accessory building with guest quarters and single
kitchen, may be used periodically but not more than 180 days per calendar
year, or as otherwise determined by the Board of Appeals.
j. The Agricultural-Maintenance Building, C.4, shall be permitted for
agricultural use. In addition to housing the equipment needed to maintain
the island, storing fuel for the island's heating and electrical needs and
the workshops, the proposed dormitory quarters in this building may be used
as sleeping accommodations with a shared kitchen for overnight stays of up to
four employees of the owner of the property. These quarters shall only be
used periodically and not more than 180 days per year, or as otherwise
determined by the Board of Appeals.
k. The Recreation Building shall be an accessory building and is
granted a height variance to allow its mean height of 45 feet with the
understanding that nearby trees will largely mask the height from off-island
observers. The owner of the principal residence (vacation family home)
agrees to use his best efforts to maintain a visual buffer. This shall not
preclude the owner from normal maintenance of the trees.
1. The owner agrees to provide transportation for any and all children
of school age to the quoin land at his own cost and expense.
m. The owner agrees to allow the Building inspector and/or an
authorized representative of the Zoning Board of Appeals to inspect the
Island, and buildings and structures, pursuant to Article XXVIII, Section
100-280-b of the Zoning Code, and at reasonable times, after reasonable
notice to the property owner or authorized representative listed on the
town's tax assessment rolls to ensure compliance with the covenants and
conditions established by the Board of Appeals. Unless otherwise agreed,
notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law,
Esq, Nixon, Hargrave, Devons, & Doyle, L.L.P., 990 Stewart Avenue,
Garden City, New York 11530.
n. The Zoning Board of Appeals approvals are conditioned upon
compliance with the above conditions and with written covenants prepared by
applicant's attorney in proper form for recording. The written covenants
shah incorporate the Board's above-noted conditions, with wording as
approved by the town attorney for the Board of Appeals, and shall be
Page 27 March 6, 1996
Appl. No'. 4354 - Louis M. Bacon (Robins Island)
Souttmld Town Board of Appeals
recorded by the applicant with the Office of the Suffolk County Clerk within
sixty (60) days of the date of this variance, or before issuance of a
building permit under this variance. A conformed copy of said covenants
shall be filed with the Office of the Zoning Board.
o. In the event the owner, or his representative(s), fails to comply
with any of these conditions and/or covenants, and fails to remedy the
noncompliance cited by the Board of Appeals, Building Inspector, or other
authorized enforcement officer or agency, pursuant to Article XXVIII, Section
100-280-b (Enforcement Provision) of the Zoning Code, for that building or
structure, the approval for the particular activity, building or structure
under this determination cited for noncompliance shall cease and be of no
further effect. This condition shall not preclude the owner from converting
the subject building or structure which is the nature of a zoning violation
or noncompliance, to that which is permitted as authorized by the Building
Inspector to conform with Chapter 100-Zoning of the Southold Town Code.
p. Any and all of the above conditions may be removed, withdrawn,
modified, changed, or otherwise altered subject to further action by the
Board of Appeals, and nothing shall be construed herein to prevent the
applicant (owner) to make further application for the same.
VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora,
and Goehringer. This resolution was unanimously adopted.
* * *
There being no other business properly coming before the Board
at this time, the Chairman declared the meeting adjourned at
approximately 10:30 p.m.
Respectfully submitted,
Board of Appeals
~¢e~'ard P Goehringer, C~irman z~.~ ~_,~.~