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Home My WebLink AboutZBA-12/06/1995APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES I~ULAR MEETING WEDNESDAY~ DECEMBER 6~ 1995 Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 7:15 - 7:30 p.m. Informal work sessions and reviews of files. No formal aclion was taken during lhis time. 7:30 p.m. A Regular Meeting of tile SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 6, 1995 commeacing at 7:30 [). in. Gerard P. Goebringer, Chaimnan Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowalski, Board Assistant/Recording Secretary I. SEQRA DECLARATIONS: Motion was tnade by Chairman Goehringer, seconded by Mend)er Dinizio, to declare lead agency status and, having iaspected the property and reviewed the information furnished in the application, hereby adept Negative Declarations for the following as an Unlisted Action under the N.Y.S. Environmental Quality Review Act (Ref. Agenda Item #I-A): A. Appl. No. 4353 - Helen Rutkowski. Lead agency declares Unlisted Action. Determine Negative Declaration based on inspection by Board Members. Change of use from boat facility to single-family residence. B. Appl. No. 4354. ]Robins Island project (Louis Moore Bacon). See Resolution after toaigbt's hearings declaring lead agency effective December' 15, 1995 and Type I Action status. Receipt today of preliminary communications resulting from coordination wbeu filed from Charles Voorbis Associates, Inc. and following island inspections with board members on Saturday, Dece~nber 2, 1995. (A listing of the State's procedures under SEQRA documentation was furnished fo/' board members convenience by the Board Secretary. ) Page 2 - Minutes and Resolutions Regular Meeting of December 6, 1995 $outhold Town Board of Appeals C. Otber applications which are setback or lot line variances are Type II Actions under the New York State list of SEQRA exemptions. Vote of the Board: Ayes: All. resolution was duly adopted. (No objections were raised). This II. PUBLIC ItEARINGS: The Chairman read the legal notice and application for each of the following applications at the beginning of each bearing at tile times identified below: 7:42 p.m. Appl. No. 4353 HELEN RUTKOWSKI. This is a request, based upon the November 15, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to add a second story and to convert existing boat facility-accessory building to single-family dwellieg use due to prior restrictions under ZBA action #2032 dated 5/1/75 and #1954 dated 2/27/75. Location of Property: 1025 Gull Pond Lane, Greenport, NY; County Tax Map Parcel 1000-35-4-7.2 (and 28.16). Zone District established 1/9/89: R-40 Residential. Don Bracken, Jr. appeared in behalf of the applicant. See verbatim trans- cripts of each hearing prepared under separate cover by Noreen Frey and attached for reference purposes. 7:48 p.m. Appl. No. 4352 - PHILIP GIOIA. This is an appeal based upon tile November 3, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to construct garage based upon Article IIIA, Section 100-30A.4 (ref. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. The owners were present during the hearing. See verbatim transcripts of each hearing prepared under separate cover by Noreen Frey and attached for reference purposes. At the end of the bearing, action was taken for approval. See decision filed with the Town CLerk and attached bereto (before the signature page). 7:55 - 7:58 p.m. Continued from the 11/8/95 tneeting: Appl. #3451 EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. Mr. Zuboski appeared and spoke in behalf of his application. Since the last hearing, correspondence was received from Mr. Feuton, attorney for the adjoining property owner, indicating their preference on setbacks arid location of the proposed carport extension. At Page 3 - Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals tile end of tile hearing, action was taken for approval. See decision filed with the Town Clerk and attached hereto (before the signature page). PUBLIC tlEARINGS, continued: 7:58 p.m. Appl. #4347 - DORIS KERR BROWN. (Carryover continued from 11/8/95). Request for relocation of house at less than the required 100 ft. from Sound bluff. Location of Property: 3400 Private Road off N/S Bergen Avenue, Mattituck. Motion was made by Chairman Goeh- ringer, seconded by Member Dinizio, and duly carried, to postpone the hearing without a date as requested by applicant, or until such time as a new amendment is submitted to the Building Inspector for an alternative location. This resolution was duly adopted by unanimous vote of the P, oa rd. 7:59 p.m. Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat ttouse, BI.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.I 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) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+- acres. 7:59 8:09 p.m. - All members and audience observed substantial table model of Robins Island and proposed project prepared by Architect James Thompson. All existing and proposed buildings, structures, and natural landscapes were shown in vivid detail. 8:09 - 9:48 p.m. Verbal testimony recorded. At 9:15 a short recess was taken, and the hearing reconvened at 9:30 p.m. with continued testimony until 9:48 p.m. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing for a continuation on January 10, 1996, for the purposes of reviewing the town's consultant correspondence under SEQRA, continue the hearing and obtain additional information, and authorizing an Page 4 - Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals amendment of the application and re-notice for a hearing on January 10, 1996 upon receipt of an amended or corrected Notice of Disapproval (action by the Building Inspector) based upon the maps before the Board. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted and the hearing was agreed by all parties to be recessed until January 10, 1996. End of tonight's calendar of for~nat hearings. ENVIRONMENTAL NOTICE UNDER SEQRA: Goehringer, seconded by Member Dinizio, it was On motion by Chairman WHEREAS, coordination of the Long Environmental Assessment form, applicalion, maps and related documents was confirmed on November 16, 1995 by all Town, County and State agencies directly involved with this application, and WllEREAS, on December 15, 1995, the 30-day comment period will have transpired; and WHEREAS, no other involved agency is interested in accepting Lead Agency status on this project; NOW, THEREFORE, BE IT RESOLVED, that the Southold Town Board of Appeals hereby accepts and adopts Lead Agency status for this project which is located within 500 feel. of a Critical Environnmental Area designated by the County of Suffolk under and determine Type I Action status effective December 15, 1995 in the Matter of the Application of LOUIS MOORE BACON at ROBINS ISLAND. Vote of tho Board: Ayes: Messrs. Doyen, Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted. Agenda Item III. The following matters were updated by the Secretary with Board Members: General Committee Sessions: Planning/Zoning: Thurs. Dec. 7 at 4 p.m. Business Land Uses Code Review: (No new dates set) drafted by Attorney. Local Law: Lot Creation and Merger is now in effect. Form ZBA Secretary for new waiver requests reviewed by Town Board Me~nbers did not object to establishment of department Page 5 - Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Beard of Appeals fee for ZBA waivers applied for to be the minimum fee on the fee schedule, $150.00, with a "merger determination or action/notice of disapproval made by the Building Inspector. Board Members confirmed it is the same procedure as other applications made to the Board of Appeals, which requires applicant's certified mail notice to neigt~bors, applicant's posting of property, notice of a formal public bearing, and fiua] delermination. Issnance of a Waiver will not require subdivision or set-off approval by the Planning Board, however, copies would be furnished to all departments after filing with the Town Clerk by ZBA office personnel. B-2. The Board Secretary made inquiry to the Chairman and ZBA Members as to what their position would be if the Board Secretary is asked to participate and become involved in the administration and in handling public inquires on whether or nol a lot, or lots, qualify as a merger or non -merger, and other questions which arise concerning nonconforming lots. Members Dinizio, Tortora and Villa indicated that the Board Secretary is not authorized under the title "exempt confidential seepelary" to answer or otherwise participate in the administration of Sections 100-25 and 100-26, and instructed the Chairman to send a letter to tile Supervisor, and Town Board if necessary, indicating that without a proper authorization, staff persons in the ZBA office shall not participate in the decision-making or administration of these laws, and the same titles (i.e. Building Inspector, Sr. Building Inspector, and any other lawful titles giving such authoization) being used for all other zening laws ape requested to continue. The Board Secretary thanked the Board since she has been receiving many referrals (from councilpersons, fretn building department, assessors, and other offices) to answer questious which are normally hand]ed by the Building Inspectors as officers authorized to take action and ~nake appropriate reviews under the zouing laws. Motion was made by Member Dinizio, seconded by Member Tortora, confirming notice and appropriate action (as noted above). Agenda Item IV. Miscellaneous: A. NEW APPLICATIONS (Received and Expected): A-1. Expected new applications to be filed (public hearings may be advertised fop January 10, 1996 if determined complete and filed on or before 12/12): Cichanowicz, D. (area variances) Accessory Apartment (Special Exception) Two Apartments over Office Area (Special Exception) Area Variance - Size of Lot with Dual Use in Mattitack LILCO (Special Exception). Cross Sound Ferry (appeal) Page 6 - Minutes and Resolutions Regular Meeting of December 6, 1995 $outhold Town Board of Appeals Area Variance - Peter and Janet Bloom, Southold Special Exception - Cutchogue Waiver under Merger Law - Peconic/Cutchogue Waiver under Merger Law - Greenport Waiver under Merger Law - Southold Ch. ,18 I?lood Law Variance - Mattituck (Bay) Ch. 48 Flood Law Variance Request - Mattituck (LIS) Others which are pending B.I. disapprovals by 12/12. A-2. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to attthorize and direct advertisement of the following applications, after they have been determined in complete form by the Chairman and Board Secretary, for public hearings to be held on Janu- ary 10, 1996: 7:30 p.m. Appl. No. 4356 - MARTIN and CHRISTINE KOSMYNKA. This is 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. 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. 7:33 p.m. Appl. No. 4357 - MARGUERITE RUSSELL. This is an appeal based upon the December 8, 1995 Notice of Disapproval from the Building Inspector 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. 7:37 p.m. - Appl. 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: 40 (formerly 580) L'Hommedieu Lane at intersection with Old Shipyard Road, Southold; County Parcel No. 1000-64-2-53. R-40 Zone. Page 7 - Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals 7:45 p.m. Appl. of LOUIS MOORE BACON (ROBINS ISLAND). (Per Resolution of December 6, 1995.) This application shall include the following additional requests under the Southold Town Zoning Code based upon the Notice of Disapproval amended on or about January 2, 1996. County Parcel ID No. 1000-134-3-5. VOTE of the Board: Ayes: Ail. B. The new list of Regular Meetings for 1996 was distributed to Board Members boxes. The list was tentatively agreed to, and the Secretary indicated that the 1996 list has been filed with the Town Clerk, with ibc understanding tba! the Board may in the future change the dates by resolution. Deliberations and Decisions follow pursuant to Resolutions adopted at this meeting on each of the following matters: Appl. No. At)pl. No. Appl. No. 4353 - HELEN RUTKOWSKI 4351 - EDWARD AND JEAN ZUHOSKI. 4352 - PHII,IP GIOIA. Page 8 - Minutes and Resolutions I{egular Meeting of December 6, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 6, 1995 APPL. #4351. APPLICANT: EDWARD and JEAN ZUHOSKI. LOCATION OF PROPERTY: 18250 C.R. 48, Cutchogue. 1000-96-4-1.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated September 11, 1995. "Insufficient front yard setback as set forth in the Zoning Code ...100-244(B) (on) a nonconforming lot width and area of approx. 25662 sq. ft." PROVISIONS APPEALED FROM: Article XXIV~ Section 100-244B. RELIEF REQUESTED: Pencil sketch prepared by applicant shows proposed 12 ft. wide by 10 ft. deep carport extension extending toward the front yard facing a private right-of-way (to the west). The setback for this carport extension is proposed to be 33+- feet, or 10 ft. less than the existing front yard setback from the westerly front property line. This setback would not extend any closer than the existing established setback south towards the adjoining Apaduia lot (a]k/a applicant's southerly property line), shown at 17 ft. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Robert A. Vilia, Member RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: The subject lot is a corner lot of 25,000+- sq. ft. in size with two front yards as defined under the zoning code. The dwelling is established at 35 feet, and the relief requested is approximately 2-1/2 feet (for a 32.5+- front yard setback). Town records show the applicant's dwelling footprint was placed about May 1965 and later (1969+-) assessed as a yearround residence. The variance requested of 2.5+- feet has been deemed the minimum necessary and adequate, and at the same time continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan. VOTE OF TIIE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 9 - Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 6, 1995 APPL. #4352. APPLICANT: PIIILIP GIOIA. LOCATION OF PROPERTY: 3450 Peconic Bay Blvd, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 128, BLOCK 6, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated November 3, 1995. PROVISIONS APPEALED UNDER: Article IIIA, Section 100-30A.4 (ref. Article III, Section 100-33). RELIEF REQUESTED: 22 ft. by 20 ft. accessory garage - storage building in the front yard 38 feet from the northerly front property line along Pecouic Bay Boulevard and 15 feet at its closest point to the easterly right-of-way. The northerly easterly point of the garage towards the right-of-way is 17+- feet (on an angle). MOTION MADE BY Gerard P. Goehringer, SECONDED BY Robert A. Villa. ACTION/RESOLUTION ADOPTED: Granted as applied with only electric (no water or other utilities except by further application to this Board). REASONS/FINDINGS: Requested location is not unreasonable due to the variable dimensions of the lot and the fact that a major portion of the yard areas are "front yard areas." Accessory buildings are required to be in a rear yard, but the applicant indicates he would not have access to the rear yard for a garage from Peconic Bay Boulevard and that he believes he does not have a legal access for vehicles to cross over the neighboring right-of-way. The rear yard may also not be suitable for placement of this garage without another type of zoning variance. No other alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. Page 10- Minutes and Resolutions Regular Meeting of December 6, 1995 Southo]d Town Board of Appeals ACTION OF THE BOARD OF APPEALS APPL. #4290. DATE OF ACTION: Applicant: HELEN RUTKOWSKI December 6, 1995 I,OCATION OF PROPERTY: 1025 Gull Pond Lane, Greenport, NY COUNTY MAP DISTRICT 1000 SECTION 35 BLOCK 4, LOT 7.2 (& 28.16). BASIS OF APPEAL: November 15, 1995 Building Inspector Action. PROVISIONS APPEALED FROM: (former 1975 zoning) RELIEF REQUESTED: To convert use of principal building from utility stor- age to single-family dwelling use, at variance from former Appeal Nos. 1954 and 2032 which required covenants to be filed in 1975 pertaining to a limitation for a single use of the property (in 1975 was for a large "house" beat moored at the bulkhead. ) Property today is nonconforming in total lot area of .626+- acre. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: James Dinizio Jr. ACTION/RESOLUTION ADOPTED: Granted conversion of use from accessory storage with beat mooring to a single-family residence within the nonconforming footprint established in the existing storage building, without further reduction into the nonconforming yard setbacks (i.e., bulkhead). This variance is contingent upon owner receiving Suffolk County Health Department approval for cesspools (septic) system for conversion to a single-family dwelling use, and the agreement by applicant that a "house-type" boat will not be moored at the premises. REASONS/FINDINGS: Property has been used for mooring of an owner's former (house-type) boat which contained living/sleeping quarters, and the existing building was to be used strictly for storage and utilities relative to the use of the large beat moored at the premises. Full ownership of the premises has been conveyed to Helen Rutkowski, who has no intention of mooring a large beat with sleeping/living quarters. The zoning is R-40 Low-Density Residential, and a single-family residence on the land in lieu of a house boat at the bulkhead is a more appropriate land use. Owner prefers to re-build, alter and/or modify existing footprint of storage building as a single-family, two-story residence and all other necessary approvals through the County Health Department, NYS Department of Environmental Conservation, Building Department, etc. must be obtained as required by law before construction activities commence. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Geehringer, Chairman-Member This resolution was unanimously adopted. hdden~ Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals 1996 HEARING CALENDARS/REGULAR MEETINGS SOUTltOLD TOWN BOARD OF APPEALS 7:00 - 7:30 work sessions and reviews (no action taken) 7:30 p.m. Wednesday, unless otherwise noted: January l0 Febmmry 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). Page 13- Minutes and Resolutions Regular Meeting of December 6, 1995 Southold Town Board of Appeals SELECTION OF CHAIRMAN FOIl. 1996: All Board Members gave full support and asked Jerry Goehriager to continue as Chairman and Department Head of the Board of Appeals in 1996. The Board Secretary con£irtned she will send a letter to the Town Clerk for the Town Board resolulien regarding this requested appointment. ASSOCIATIONS OF TOWNS - Material received from the Department of State in booklet form were given to all the Board Members for the Febmmry ]8-21, 1996 Association of Towns meeting in NYC. Members Torlora and Doyen were interested in attending (and alternating) if possible, but before deciding, each wanted to see what the day schedules would be for zoning matters when established and sent to the Towns. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was ad.iourned at approximately 10:05 p.m. Respectfully submitted, /~l'h~la Kowalski, Secretary ~Board of Appeals 1/5/96 RECEIVED AND FILED BY THE SOUTItOLD TOWN CLEP, K __. To~ ~erk, To~ o{ Southcld