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HomeMy WebLinkAboutZBA-01/10/1996APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dirdzio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortom Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, JANUARY 10, 1996 7:00 - 7:30 p.m. Informal work session and review of pending files. Also, consultation with Town Attorney under client-attorney privilege rules pertaining to pending applications. No formal action was taker~ 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 Read, Southold, New York 11971, on WEDNESDAY, JANUARY 10, 1996 commencing at 7:30 p.m: Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowatski, Board Assistant Absent, as agreed by Department, was: Serge J. Doyen, Member from Fishers Island due to recent blizzard and unpredictable travel conditions. * * I. PUBLIC HEARINGS: The Chairman read the legal notice and application for each of the following applications at the beginning of each hearing at the times identified below: 7:34 7:56 p.m. Appl. No. 4356 - MARTIN and CHRISTINE KOSMYNKA. This is a request, based upon the December 6, 1995 No~ice of Digal~proval 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. Location of Property: 1985 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.2. 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. Mr. Kosmynka appeared in behalf of his application. (See verbatim transcript prepared under separate cover and attached for reference.) Page 2 - Agenda Regular Meeting of January 10, 1996 Southold Town Board of Appeals 7:56 - 8:25 p.m. Appl. No. 4357 MARGUERITE RUSSELL. This is an appeal based upon the December 8, 1995 Notice of Disapproval from the Building [nspector in which applicant was denied permission to re-construct one-family dwelling destroyed by fire 6/13/95 on the grounds that Article XXIV, Section 100-242B of the Zoning Code reads that reconstruction of a dwelling with a nonconformity (front yard setback) is not permitted if destroyed by fire. Subject premises contains a nonconforming lot area of 23,850 sq. ft. and is located in the R-40 Low-Density Residential Zone. Location of Property: Northerly corner of Grand Avenue at Wickham Avenue, Mattituck, NY; County Parcel #1000-107-9-11. Abigail Wickham, Esq. appeared with the family applicants. (See written transcript of verbatim statements prepared under separate cover and attached for reference.) Also, see findings and determination after hearings ended. 8:25 - 8:40 p.m. - App]. No. 4355 - PETER AND JANET BLOOM. This an appeal based upon the November 29, 1995 Updated Notice of Disapproval issued by the Building Inspector in which applicant was denied a permit to construct front porch addition to dwelling with insufficient front yard setback and exceeding the maximum lot coverage allowable in this R-40 Zone District, Article IIIA, Section 100-30A.3. This parcel contains a nonconforming lot area of approximately 7,960 sq. ft. Location of Property: 580 L'Hommedieu Lane at intersection with Old Shipyard Road, Southold; County Parcel No. 1000-64-2-53. R-40 Zone. Mr. Bill Conway, contractor, appeared in behalf of the applicants. (See written transcript of verbatim statements prepared under separate cover and attached for reference. ) Also, see findings and determination after hearings ended. 8:40 - 9:52 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is a continuation of the public hearing concerning application based upon both of the following Notices of Disapproval issued by the Building Inspector, the grounds for which read as respectively noted below: Notice of Disapproval dated October 31, 1995 A.2 Boat House, B1.1 Garage, C.1 Recreation Building, E.4 Garage with staff quarters: all exceed 18' height limitation for accessory structures, Article III, Section 100-33A. E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dweIling on each loi under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... Notice of Disapproval amended January 2, 1996, the grounds for disapproval as follows: Page 3 - Agenda Regular Meeting of January 10, 1996 Southold Town Board of Appeals (Re: L. MOORE/ROBINS ISLAND PUBLIC HEARING, continued): C4 (C4.1) Agricultural Compound. Under Article III - One-family dwelling not to exceed one dwelling on each lot. B1.2 Mechanical Services Building and B2.1 MacKay Garage proposed to be in excess of the 18 ft. height [imitation for as accessory structures, Article III, Section 100-3aA. Accessory buildings which will contain living quarters and/or exceed 18 ft. height limitation also will be considered for variances. (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; County Parcel ID No. 1000-134-3-5. (See written transcript of verbatim statements prepared under separate cover and attached for reference.) After receiving all testimony, motion was made, as agreed, to continue and recess until the February 7, 1996 Regular Meeting, pending receipt of documentation under SEQRA and additional information on the percentage of relief requested on the height variances. End of tonight's public hearing calendar. DELIBERATIONS/DECISIONS: Action was taken on the following matters and continue on the next page: App]. No. 4355 - Peter and Janet Bloom Appl. No. 4357 - Marguerite Russell. Page 4 - Minutes and Resolutions January 10, 1996 Regular Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: January 10, 1996 APPL. #4355. APPLICANT: PETER and JANET BLOOM. LOCATION OF PROPERTY: 580 L'Hommedieu Lane & 40 Old Shipyard Road~ Southold; PARCEL ID NO. 1000-64-2-53. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated November 29, 1995. PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3. RELIEF REQUESTED: Enclosed porch addition with a reduced setback at six feet from the front property line along L~Hommedieu lane, and four feet from the edge of the proposed new front step area. The length of the porch is proposed at 28~6*~ by 8 ft. wide. MOTION MADE BY: Robert A. Villa SECONDED BY: Lydia A. Tortora ACTION/RESOLUTION ADOPTED: Denied requested setback at six feet for proposed l~orch enclosure and new front stel~ area at four feet from the front property line. This application is denied Without prejudice to a future new, different application. REASONS/FINDINGS: Alternatives are available to locate a porch area in other open yard areas without a substantial variance from the code requirements. The relief requested in this application is substantial, being a variance of 40% or more of the present nonconforming setback, and being a variance of 80% of the normal code requirement for a 35 ft. front yard. House is presently situated on a lot of approximately 8250 sq. ft., approximate dimensions 50' x 150'. Outside wali of existing house is shown to be 14 feet from the front property line along L'Hommedieu Lane, 36+- feet from Old Shipyard Road, and 84+~ feet from the westerly property line. The northerly and easterly yard areas limit the allowable setbacks and bnilding area due to the preexisting history of the dwelling in a nonconforming location. VOTE OF THE BOARD: Ayes: Robert A. Villa Lydia A. Tortora Gerard P. Goehringer. James Dinizio, Jr. abstained from vote (no reason given). Serge Doyen of Fishers Island was absent as agreed by department due to the recent blizzard and unpredictable travel conditions. This resl~tion as duly adopted (3-0, plus one abstention). Page 5- Minutes and Resolutions January 10, 1996 Regular Meeting Southold Town Board of Appeals ACTION DATE: January 10, 1996. APPL. ~4357. APPLICANT: MARGUERITE RUSSELL. LOCATION: 3405 Wickham Avenue (and Grand Ave.), Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 9, LOT 11. BASIS OF APPEAL: Notice of Disapproval issued by the BuildinF Insl)ector dated December 8, 1995. PROVISIONS APPEALED FROM: Article XXIV, Section 100-242B. RELIEF REQUESTED: Construction of new dwelling which replaces the preexisting dwelling damaged by fire 6/13795. New dwelling setbacks are proposed to be nonconforming as shown on the survey prepared August 15, 1995, amended August 18, 1995. The front yard setback is proposed at 11 feet at its closest point from the front property line along Wick_ham Avenue, and at 40 feet from the front property I/ne along Grand Avenue. The northerly yard setback is shown at 17 Feet at the northeast corner. MOTION MADE BY MEMBER: James Dinizio, Jr.: "the applicants were put in a poor position when a building is destroyed by fire and the Town's laws create a hardship after existence with a nonconforming setback for more than 100 years. The building was destroyed by fire, and not by choice of the owner." SECONDED BY MEMBER: Gerard P. Goehr~nger, Chairman. ACTIONTRESOLUTION ADOPTED: Granted as apt)lied (with setbacks as shown on the survey amended August 18~ 1995). REASONS/FINDINGS: (Continued from the above motion). The subject property is a corner lot with two front yards. The house as formerly existed was located 11 feet from the front property line along tqickbam Avenue. There is at least one other building with similar nonconforming front yard setback in the immediate area. The dwelling as rebuilt will be similar in design to the original dwelling which was destroyed, and will meet ail other laws and reguistions applicable when obtaining permits. VOTE OF THE BOARD: Ayes: James Diuizio, Jr., Member Lydia A. To~tora, Member (due to history and restrictions if forced to place dwelling in different location) Gerard P. Goehringer, Chairman-Member (above reasons) Nay: Robert A. Villa (feels applicant can correct setbacks when a new dwelling is rebuilt). (Member Doyen was absent as agreed with ZBA department, due to blizzard and travel from Fishers Island.) This resolution was adopted (3-1 margin). Page 6- Agenda Regular Meeting of January 10, 1996 Southold Town Board of Appeals Other / Up dates / Mis cellaneou s: Agenda Item III-A. The Chairman and Board Members received copies of the new form for use in new ZBA waiver application requests under Section 100-26. Fee for waivers $150.00. Same procedure as variance applications (notice of disapproval, notice to adjacent neighbors) was confirmed at December 6, 1995 ZBA meeting.) No changes were made at this time. Agenda Item III-B. INFO: Calendar of Town general meetings was updated with Board Members calendar copies for board members were placed in board boxes. No committee sessions were scheduled as yet on zoning, planning or building matters. * * MISCELLANEOUS: Agenda Item IV-A. The ZBA office confirmed that the following projects were expected to be filed with the ZBA after the Building Inspector has received a complete application and then issued a NoTice of Disapproval or other referral. The next filing deadline was agreed to be 1/19/96 for complete ZBA applications. Cichanowicz, D. (lot area variances) Two Apartments over Office Area (Special Exception) Area Variance - Size of Lot with Dual Use in Mattituck LILCO (Special Exception). Cross Sound Ferry - (not filed as of 1/10) Special Exception - Cutchogue Waiver under Merger Law - Greenport (Vishno) Ch. 48 Flood Law Variance - Mattituck (Bay) Ch. 48 Flood Law Variance - Mattituck (LIS) Ed Williams - Corner lot. Front yard variance, East Marion. Green - deck as built - North Sea Drive, Southold. Others which are pending B.I. disapprovals by 1/12/96. Agenda Item [V-B. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was agreed and authorization was given to advertise all variance applications deemed complete on or before 1/19 by the ZBA Chairman and Board Assistant. for public hearings to be held by the Southold Town Board of Appeals on Wednesday, February 7, 1996 at the Southold Town Hall, Main Road, Southold, New York. This resolution was duly adopted. Page 7- Agenda Regular Meeting of January 10, 1996 Southold Town Board of Appeals * * CALENDAR OF REGULAR MEETINGS 1996: The following schedule for the Calendar Year 1996 was again confirmed by the ZBA office for Regular Meetings and public hearings to be held in the Court Room of the Town Hall, Main Road, Southold, New York: 1996 HEARING CALENDARS/REGULAR MEETINGS 7:00 - 7:30 work sessions and reviews (no action taken) 7:30 p.m. Wednesday, unless otherwise noted: January 10 February 7 March 6 April 3 May 1 May 29 June 26 July 24 August 21 September 18 October 16 November 13 December 11 Subject to future change (if necessary). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 10:40 p.m. Respectfully submitted, // / ~ /)'Lfixda Kowalski, Secretary ./~.~..//~..,~~../~_ ~~Board of Appeals 1/17/96, 1/ ~f/9~ Approved f~ling ,RECEIVED AND FILED BY ~ SOUTHOLD TOWN C~ Town ~erk, Town of ~ue~old