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HomeMy WebLinkAboutZBA-05/03/1995APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, MAY 3, 1995 7:15 P.M. Work Session (Reviews only - No action taken) A Regular Meeting of the Beard of Appeals was held at 7:30 p.m. on Wednesday, May 3, 1995 at the Southold Town ltail, 53095 Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linde Kowaiski, Clerk and Assistant Also present were approximately 25 persons in the audience. Copies of the agenda were distributed. The Chairman welcomed everyone to the meeting and commenced with the first public hearing on the agenda. I. PUBLIC HEARINGS Please also see written transcript for verbatim statements and discussions during hearings listed below. Except as otherwise noted, each hearing was concluded pending deliberations. 7:32 p.m. Appl. No. 4306 - ROBERT AND BARBARA VAN METER. Variance under the Zoning Ordinance based upen the February 28, 1995 Notice of Disapproval, Article III-A, Section 100-30A.3 to construct a 3'3"+- extension along the westerly side of the existing dwelling, reducing the setback from the established setback at 6.5 feet to three (or 3.2) feet. Property Location: Corner of Opechee Ave. and Osseo Ave., Southold; County Tax Map ID No. 1000-87-3-24. (Appearing were Dan West and Robert Harrington, Builders, in behalf of the preperty owner.) 7:42 p.m. Appl. No. 4239 - MARGARET BEST and ADYLEN SYVERSON. Variance under Article IIIA, Section 100-30A.1 based upon the Building Inspector's May 2, 1994 Notice of Disapproval for approval of the proposed insufficient lot area and width of Parcels #1 and #2, as proposed, in this pending subdivision project and R-40 Zone. Location: 420 Private Road #17 off the east side of Camp Mincola Road, Mattituck; Parcel No. 1000-123-6-17. (James Fitzgerald of Proper-T Services appeared and spoke in behalf of the applicants. Mrs. Best was else in attendance. Please see written transcript of hearing for verbatim discussions). At the end of discussions, the following action was taken: Page 2 Minutes Regular Meeting - May 3, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 3, 1995 APPL. #4239. APPLICANT: MARGARET BEST and ADLYN SYVERSON. LOCATION OF PROPERTY: 420 Private Road No. 17 extending off the easterly side of Camp Mineola Road, Mattituck. 1000-123-6-17. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on May 2, 1994. "Insufficient lot area and width as required in an R-40 Zone." PROVISIONS APPEALED FROM: Article III-A, Section 100-30-A.1. RELIEF REQUESTED: Lot area of 27,019 sq. ft. for Parcel I, and 29,679 sq. ft. for Parcel II; lot width (frontage) of 44.50 feet each. MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: GRANTED as applied: Including lind subject to flooding, proposed parcel I of 27,019 sq. ft. in lot area and proposed parcel II of 29,679 sq. ft. in lot area, lot width of 44.50 each, along a private right-of-way as shown on the survey revised May 3, 1994 prepared by Anthony W. Lewandowski, L.S. REASONS/FACTS: Health Department approval for the subdivision was received March 23, 1995. There are two existing dwellings, one on each parcels I and II. Lot area meets 68% of the area requirement for Parcel 1, and 74% of the area requirement for Parcel II. Lot width requirement met for e~ach is 30% of the 150 ft. requirement. No increase in unit density will result from the grant of this variance. The relief requested will not produce an adverse effect or impact on the physical or environmental conditions of the neighborhood. 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-Member This resolution was unanimously adopted. Page 3 - Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals CORRESPONDENCE: BREWER'S YACHT YARD 1992 Conditional Special Exception Update. The Chairman read the response received from Laury Dowd, Town Attorney regarding the ZBA inquiry and written complaint received from Arthur Tasker, summer resident in the vicinity of the "Salamander Cafe." Members Villa, Dinizio and Goehringer agreed to send a letter to the Building Department to investigat, and/or do whatever is necessary on their part to notify the owner or (chant that the 1992 Special Exception is limited to an accessory use related to the marina use. I. PUBLIC HEARINGS, continued: 7:50 p.m. Appl. No. 4308 - ROGER and KATHI,EEN WILSON. This is a request for Variances under Article XXIV, Section 100-244B, based upon the April 12, 1995 Notice of Disapprevai from th(-· Building Inspector, for the location of a proposed porch addition with an insufficient front yard setback and proposed deck addition at the northerly side of dwelling with an insufficient northerly setback and totai side yards in this R-40 Zone District. The subject premises contains a total lot area of 30,000+- sq. ft. and frontage along North Field Lane of 100 feet. Property ID: 1000-71-1-17; 1080 North Field Lane, situated near the easterly end of North Parish Drive, Southold. At the end of the bearing, the following action was taken: APPL. #4308. APPLICANT: ROGER and KATHLEEN WILSON. LOCATION OF PROPERTY: 1080 North Field Lane, Southold. 1000-71-1-17. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on April 12, 1995. "Insufficient side and front yard setbacks ...in an R-40 Zone." PROVISIONS APPEALED FROM: Article XXIV, Secti, m 100-244B. RELIEF REQUESTED: Variance for location of p~oposed porch with reduced front yard at 32 feet and proposed deck with insufficient side yards at 13 feet at the northerly end and existing 18 ft. setback at the southerly side. MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: GRANTED as appli~(i provided there be no further reduction of side yards and front yard. REASONS/FACTS: The percentage of relief requested is not substantial, being a variance of 3-1/2 feet on the side, and three feet on the front. Future enlargement shah be toward the rear yard, or on a second-story level. This request does not increase unit density. The relief requested will not produce an adverse effect or impact on the physical or environ- Page 4 - Minutes Regular Meeting of May 3, 1995 Southold Town Beard of Appeals mental conditions of the neighborhood. 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-Member This resolution was unanimously adopted. PUBLIC HEARINGS, continued (Also see written tr~anscript for verbatim statements and discussions during hearing. Except as otherwise noted, each hearing was concluded pending deliberations. ): 7:50 p.m. Appl. No. 4309 - THOMAS and CARMELA CUNNEEN. This is a request for a Variance under Article XXIV, Section 100-244, based upon the April 12, 1995 Notice of Disapproval from the Building Inspector, for the location of a proposed deck over existing patio area which will exceed the lot coverage by 500 sq. ft. for a total of 2,288 sq. ft., or less when deducting stairs and step areas. The subject promises contains a total lot area of 7,808 sq.ft. (Special Note: Section 100-230C(1 & 3) allows step protrusions up to four feet from side line and 15 feet from front property line without a varb~uce.) Location of Property: 2515 Hobart Road, Southold; 1000-64-4-12.1. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess the hearing temporarily in order to receive another sketch from the application before the meeting ends tonight. (See additional comments in written transcript of verbatim statements and discussions. ) II. DELIBERATIONS (from tonight's hearings): ACTION OF THE BOARD OF APPEALS Appl. No. 4306. Upon Application of ROBERT AND BARBARA W. VANMETER. This is a request, based upon the February 28, 1995 Notice of Disapproval issued by the Building Inspector, for a Varianc~ under the Zoning Ordinnnce, Article III-A, Section 100-30A.3 to construct 3'3" extension along the westerly side of the existing dwelling, reducing the setback from the established setback of 6.5 feet to three (or 3.2) feet. The subject premises contains a total area of approxinmtely 9,700 sq. ft. and is located in the R-40 Low-Density Residential Zone District. Property Location: Corner of Opechee Avenue and Osseo Avenue, Southold, NY; County Tax Map ID No. 1000-87-3-24. WltEREAS, after due notice, a public hearing was held on May 3, 1995, at which time all persons who desired to be b~ard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page 5- Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals 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. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Applicatien is based is dated February 28, 1995. The Notice of Disapproval makes reference to a building permit applies[ion to construct an addition to the existing dwelling, at a side yard of less than the established nonconforming setback. 2. CODE REQUIRIk~IENTS. The rolevant provisions of the Zoning Code is Section 100-244 which states that the minimum sideyard shah be 15 feet, except when the existing side yard legally preexists the require- ments. 3. PROPERTY DATA. The premises in question is a small lot containing a lot area of 9,700+- sq. ft. with frontage along Opechee Avenue of 53.12 feet, and 161 ft. along Osseo Avenue at Southold. This parcel is improved with a single-family, 1-112 story dwelling as more particularly shown on the survey prepared by Anthony W. Lewandowski, L.S. dated February 23, 1995. The setback at the closest point between the southwesterly corner of the dwelling and the wesit~rly property line is 6.5 feet. The easterly (front) yard area scales out to be 16+- feet at its closest point to the porch. 4. PROPOSED VARIANCE. The applicant herein is requesting to add an extension, approximately 33 feet in depth and 3.3 ft. width past the existing footprint, in order to increase living floor area along the westerly side of the dwelling. The setback left wouid be 3.2 feet. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being more than 100% of the code requirement of 15 feet, and half of the present nonconforming setback (reduction of 6.5 ft. to 3.2 ft.). 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size, but not as narrow as the subject lot. 7. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the g~ant of the relief requested for the proposed setback since the dwelling is placed closer to the neighboring property without a reasonable clearance for necessary maintenance. In fact it would be difficult to place a ladder for access to the second floor without using the neighbor's l~nd. (b) as noted in paragraph 4 above, the relief requested is substantial, and the amount of expense used for the renovations appears to be more than is warranted for the increase of 99 sq. ft. (3 x 33 ft.) of living area; Page 6 - Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals (c) the difficulties claimed are personal in nature to the landowner rather than due to the uniqueness of the land since the owners will not be deprived of reasonable use of the residence and uses normally incidental to the residence; (d) consideration of the test established in New York Town Law for area variances, the relief, as requested, however, will not have an adverse effect or impact on the environmental conditions in the neighborhood and district, but the closeness of the building to the property line will reduce the availability of physical nmlntenance to the land and buiJding; (e) alternatives are available for the appellant to pursue, other than a variance to extend into other yard areas. Accordingly, on motion by Member Tortora, seconded by Member DiniT~io, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinlzio, Villa and Tortora. This resolution was duly adopted. MISCELLANEOUS: (Agenda Item III-B.) Correspondence from MaryAnn Fleischnmnn Milligan regarding Charles Tyler, Jr. chicken coop. Discussion and further direction from Board Members to be confirmed. The Board authorized the response lstters as drafted by the Board Secretary. (Agenda Item III-C. ) The Board Members discussed the most recent draft transmitted by the Town Attorney of Proposed Local Law on Lot Mergers and Lot Creations. The Board Members were requested, and they agreed - with the exception of Member Doyen, to attend the Code Committee Session on May 10, 1995 at 7:30 p.m. to voice their concerns. (Agenda Item III-D.) The Board Members were reminded of the following committee meetings: 1. Plonning & Zoning Committee - Tues, May 9 - 7:30 2. Code Review Committee - Wed., May 4 and May 10- 7:30. (Agenda Item III-E.) Reminder for Board to consider adopting a Resolution Re: LKC Corp.-Ocean City setting public hearing on July 12, 1995 pursuant to ZBA Condition #6 adopted on 6/13/94 which stated that there is an expiration date of 7/31/95. The Board Secretary confirmed Page 7 - Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals that Notice as required by law to all parties will be followed through our office before the July 12th hearing. (Agenda Item F.) Reply to Building Inspector's inquiry Re: Racz and Dessimoz application for swimming pool permit as to whether or not the top of the bluff is the 100 ft. contour, or is the top of the bluff to be treated as the "top of bluff line" shown on the November 1994 survey map revised November 21, 1994 before the ZBA. The contours vary from 80 ft. to 100 above MSL. (Please do not use August 1994 m~p which had a different top of bluff line.) The Board Members agreed to respond by requiring a reference marker at the 100 ft. line (where the dip is shown) for use when locating the pool and designating the measurements on a final survey. This would assist the Building Inspector at the time of inspection and the builder or surveyor. CALENDAR OF LKC CORP. FOR PUBLIC HEARING as per Decision Rendered June 13, 1994 under Appl. No. 4246. The Board Secretary reminded the Board Members that the LKC Corp. Special Exception was due to be heard pursuant to the June 13, 1994 ZBA Resolution for another hearing on or before July 31, 1995 and asked the Board Members which date they would prefer to schedule the hearing for: June 7, 1995 or July 12, 1995. The Chairman agreed that July 12, 1995 would be better. Motion was made by Chairman Goehringer, seconded by Member Diulzio, and duly carried, to notice and calendar the public hearing in the Matter of SE #4246 in the Matter of LKC Corp. (also referred to as Ocean City) for Wednesday, July 12, 1995. This resolution was duly adopted. DELIBERATIONS, continued from earlier hearing: APPL. #4309. APPLICANT: THOMAS CUNNEEN LOCATION OF PROPERTY: 2515 Hobart Road, Southold. 1000-64-4-12.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 12, 1995. "New deck addition exceeds the allowed 20% lot coverage as set forth in the bulk schedule .... " PROVISIONS APPEALED FROM: Article XXIV~ Section 100-244. RELIEF REQUESTED: Deck over existing patio area will exceed lot coverage by 500 sf for a total of 2288 sf, or less when deducting allowable stairs/steps. During the hearing on 5/3/95, applicant submitted an amended plan pursuant to an agreement with the adjoining neighbor for a new 289 sf deck area, 8 inches above grade. The revised landing/step area does not, however, reduce lot coverage calculations (Section 100-230C-3). Lot coverage calculation for all new areas is 2280 sf, or Page 8 - Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals 28.66% of 7807 sf lot area. The existing lot coverage was caleulated at 22.9% without the new landing and steps. The setback conforms at 15 feet from the northeasterly side line. MOTION MADE BY: Gerard P. Goehringer, Chairnmn SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted deck as applied provided the side yard setback be not less than 15 feet from the property line to the deck. REASONS/FINDINGS: 1. Due to the substandard size of the land which is 87 feet deep (by 100 ft. wide). 2. The deck is proposed at 8" above grade and will not be enclosed or converted into additional living area. 3. All other zoning requirements will be complied with. 4. This parcel is one of the smallest on the block fronting on two streets. VOTE OF THE BOARD: Nay: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member Robert A. Villa, Member This resolution was unanimously adopted 4-1. Page 9- Minutes Regular Meeting of May 3, 1995 Southold Town Beard of Appeals RESOLUTION: HEARINGS FOR 6/7195: Goehringer, seconded by Member Villa, it was On motion by Chairman RESOLVED, that the following matters, recently filed and deemed complete by the Chairman and Board Secretary, be and hereby are authorized for advertisement in the official newspaper of the Town by Beard Secretary Linda Kowaiski, for public hearings to be held at the Southold Town Hall, 53095 Main Read, Southold, New York, on WEDNESDAY, JUNE 7, 1995, and noted below: 1. 7:30 p.m. Appl. No. 4310 - DONALD ALDRICH. This is a request, based upon the April 13, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant is requesting a building permit for a deck addition "as built," disapproved on the following grounds: "insufficient rear yard setback," (ref. Article IIIA, Section 100-30A.3" of the Zoning Code). Property Location: 1620 Hiawathas Path, Southold, NY; Parcel ID No. 1000-78-3-43.2. 2. 7:35 p.m. Appl. No. 4312 - JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article III-A, Section 100-30A.4 "Accessory buildings, 100-33 shah be located in the required rear yard." The subject premises contains a lot area of approximately 61,525 sq. ft. (which includes the low land section). This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Meadow Beach Read, Lowland and Sunset Roads at Nassau Point, Cutchogue; County Tax Map ID No. 1000-111-10-18.1. 3. 7:40 p.m. Appl. No. 4313 - ROY SCHOENHAAR. This application is based upon the May 10, 1995 Notice of Disapproval issued by the Building Inspector, wheroin applicant is requesting a building permit for accessory shed to side yard area as exists, disapproved on the following grounds: ~Article III, Section 100-33 requires accessory structures to be located in the required rear yard." Location of Property: 64300 Main Read, Greenport, NY; County Tax Map ID No. 1000-56-7-2. 4. 7:45 p.m. Appl. No. 4311 - ANDREAS VASSILIOUS. Thi.~ application is based upon the April 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for pool with deck as an accessory structure in an area other than the required rear yard pursuant to Article IIIA, Section 100-30A.4 of the Zoning Code. Property Location: 585 Ihiet Drive and Summit Drive, Mattituck, NY; Cpt. Kidd Estates Lot No. 87; County ID No. 1000-106-2-1. The subject premises has a nonconforming lot area of 25,000+- sq. ft. and is located in the R-40 Residential Zone District. Page 10- Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals 5. 7:55 p.m. ApD1. No. 4315 - JOAN AND STEPIIEN LATHAM. Thi.~ application is based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a variance to amend building permit #22491Z issued April 17, 1995 for the modified location of a new single-fsmily dwelling, as built and shown on survey updated May 12, 1995, which has a reduced front yard setback and reduced southerly side yard setback on this corner lot. Property Location: 60 Rogers Road and Orchard Road, also shown as Lots 2 & 3 as combined on the Map of Beixedon Estates, Southold, NY; County ID No. 1000-66-2-18 & 19 (total lot area containing approx. 17,000 sq. ft.). 6. 8:00 p.m. Appl. No. 4314 - JAMES AND BARBARA MJLLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: '1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-fomily dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A, 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Appreval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108 .... " Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Flied Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Villa, Tortora and Geehringer. This resolution was duly adopted. Page 1~1 - Minutes Regular Meeting of May 3, 1995 Southold Town Board of Appeals UPDATES for Board Members. Copies of the following were distributed for review and comments by Board Members: a) Notice of Disclosure as required by General Municipal Law Section 809 from Town Attorney. If the Board Members have any questions, please let either the Town Attorney or ZBA staff know. b) Draft Local Law in Relation to Lot Creation and Merger as prepared in final form by Town Attorney on 4/26/95. Comments from Board members were again requested. Member Dinizio mentioned that he was concerned that deed conveyances were being recognized, and cel~tain Planning Board approved lots were not being recognized under this new local law if they were not in common ownership since 1983. Does appear to honor the actions of the Town Fathers, who encouraged these lots to be ok, and simply because of ownership their rights would be affected for building a house and keeping it vacant at this point in time. Members Dinizio, Tortol~a, Villa and Geehringer confirmed they will attend Code Committee session on thi.~ subject scheduled for tomorrow, May 4, 1995. c) Dx~aft Local Law in Relation to Building Code proposed for May 1995. Board Member L. Tortora had suggested ZBA staff request a purchase order for approval to purchase McKinney's Town Law Books I and II and updated supplements for ZBA Board Member use. Page 12 - Minutes Regular Meeting of May 3, 1995 Southold Town Beard of Appeals OTHER/MISCELLANEOUS: Member Dirdzio indicated he would like to know the status of Tidy Car's trailers from the Building Dept, on the sis North Read and wis Youngs Avenue, Southold. ZBA CHAIRMAN APPOINTS SUB-COMMITTEE. Chairman Goehringer appointed Lydia Tortora, Jim Dinizio and Bob Villa to a new "sub-committee" to make recommendations to thc ZBA directly, for further research and, if necessary, modification, before sending a final draft local law for a code change of Section 100-262C in the Zoning Code, Ch. 100, to the Town Attorney or Tewn Board. All Members agreed. Member Villa requested that some research be prepared by the Beard Secretary showing the time periods for applications (1990 or 1989, if possible, to the proscnt time). The Beard Secretary said it would be available before the next meeting. There being no other business properly coming before the Beard at this time, the Chairman declared the meeting adjourned. Respectfully submitted, - ~da Kowalski, Secretary /~ //-~/~/Board of Appeals(~-E-q~ j~Sproved - Cliairm~n Gold'ringer /616195 / AND FILED BY l~ ~OUTtlOLD TOWN C[.~RK Town Clerk, Town of South~ld