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HomeMy WebLinkAboutZBA-02/01/1995APPEAT .q BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES R~-GOLAR MEETING WEDNESDAY, FEBRUARY 1, 1995 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. was lmld 11971, on A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at 1be Somhold Town tlall, 53095 Main Road, Southold, New York WEDNESDAY, FEBRUARY 1, 1995 commencing at 7:30 p.m. Present were: Gerard P. Goehpingep, Chairman Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Riclmpd C. Will(m, Member Linda Kowalski, Board Assistant I. PUBI,IC HEARINGS: As introductions to each hearing, tile Chairman read tile lead notice and description of each of the following applications. Each hearing started at the times designated below. Unless otherwise noted, each bearing was concluded m~d deliberaiioas eommoneed. 7:30 p.m. Appl. No. 429,t - Mit. AND MRS. JOSEPH DUGGAN. Request for Variance regarding addition which is to be within 75 feet of the bulkhead and with lot coverage at approximately 27% for all building construction. 330 Snug Itarbor Road, Cleaves Point Section III, Greenport. Chuck Bowman of Land Use Company appeared with the applicant, Joseph Duggan. 7:41 p.m. Appl. No. 4295 - MICHAEL RACZ and GAlL DESSIMOZ. Request fop Variance to locate accessory building (poolhouse a/k/a bath house) partly in Ibc side yard area at 4255 Private Road #10 (a/k/a 11allock Lane), MattHuck. Subject to final resolution for lot-line approval and subdivision by lhe Soulhold Planning Board. Kenneth Abruzzo of Young & Young~ land surveyors, appeared in behalf of the applicants. After receiving testimony and finalizing tile bearing, action was taken to conditionally granl relief. See written findings and determination neap the last few pages of Minutes. Page 2 - Minutes and Resolutions Regular Meeting - February 1, 1995 Southold Town Board of Appeals PUBLIC IlEARINGS, continued: 7:,18 8:15 p.m. Appl. No. 4296 CHARLES TYLER, JR. Request for Variance for approval of existing accessory building for housing of chickens with fencing, all less than the required 40 feet from all property lines at. 1455 Pike Street, Mattituck. Charles Tyler appeared in behalf of the owner. Opposing was MaryAnn Fleischman Milligan. Please see transcript of hearing for written statements and concerns submitted at this time. (Transcript of hearing bas been prepared under separate cover and filed with the Town Clerk fer reference.) 8:15 p.~n. Continued ltearing(s) for Variances requested by WILLIAM F. GASSER. Gregory Blass, Mr. and Mrs. Gasser, and others spoke in favor of the application (American Armoured Tank Museum). Carmella Borreilo, Esq. and Mr. and Mrs. Ammariti spoke against the application. Please see transcript of bearing for written statements and concerns submitted at this time. (Transcript of hearing has been prepared under separate cover and filed with the Town Clerk for reference.) Location of Property: 640 Love Lane and the soutb side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-1140-2-16 located in the Hamlet Business Zone District, which requesls are noted as follows: Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear yard with a setback as per Section 100 33B(2) at five feet from the property line; Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; Appl. No. 4262 Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Hamlet-Business Zone District. Following testimony, motion was made by Chairman Goehringer, seconded by Member Wilton, and duly carried, to conclude (close) the hearing and record, pending deliberations at a later date. Il. DELIBERATIONS on matters carried over from last meeting and on tonight's matters and actions taken in the following order: A. Appl. No. 4291 - JAMES M. and ELAINE O'KEEFE.~ B. Appl. No. 4294 - MR. AND MRS. JOSEPH DUGGAN.~ C. Appl. No. 4295 - MICHAEL RACZ and GAIL DESSIMOZ. ~ D. Appl. No. 4296 - CtIARLES TYLER, JR.' E. Appl. No. 4260 - WILLIAM F. GASSER. Page 3 - Minutes and Resolutions Regular Meeting - February I, 1995 Southold Town Board of Appeals F. Appl. No. 4261 - WILLIAM F. GASSER. G. Appl. No. ,1262 - WILLIAM F. GASSER. ACTION OF THE BOARD OF APPEALS Appl. No. 4291-SE. Application of JAMES M. and ELAINE O'KEEFE. Request for a Special Exception under Article IliA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold; Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. WHEREAS, a public hearing was held on January 4, 1995, at which time ali those desiring to be heard were heard, in support of and in opposition to this application, and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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. REQUEST FOR CONSIDERATION: By this application, a Special Exception is requested for an "Accessory Bed and. BreakfastM to be owned as well as operated by the applicants of their property known as 54300 C.R. 48, Southold, New York, for the rental of three bedrooms within the existing residence and serving of breakfast to not more than six casual and transient 2. SITE LOCATION: The premises in question is located along the south side of County Route 48, Greenport, and also fronts along a private road known as "Ruth Lane~ along the westerly side. An original survey prepared by Lee Lutz, Surveyor, P.C. has been submitted showing the property and driveway dated 7-5-90. 3. LAND & BUILDINGS: The 1990 survey together with an inspection by Board Members shows that the subject premises is improved with a principal two-story, and one-story, single-family Page 4 - Appl. No. 4291-SE Application of JAMES AND ELAINE O'KEEFE Decision Rendered February 1, 1995 dwelling and separate garage, located in the rear yard 19.1 feet at its closest point from the southerly property line. The dwelling is shown to be 75 feet from the northerly front property line along Middle Road (County Route 48) and 26 feet from the westerly property line along the private road. Parking for at least five (5) vehicles has been made avai~ble on site. 4. PERMITTED ZONE: This property is presently located in the "R-40" Low-Density Residential Zone District and has a total land area of 42,055 sq. ft. The principal use of the premises is and has been as a single-fomily dwelling use occupancy, which would not be changed by this proposed " Accessory Bed and Breakfast" establishment. 5. USE STATUS: Pre-Existing Certificate of Occupancy No. Z-19343 dated September 7, 1990 issued by the Building Inspector has been submitted for the record showing that a private one-family dwelling with accessory throe-car garage existed prior to April 9, 1957 (the enactment of zoning). Also noted is Certificate of Occupancy No. Z-19342 for a deck addition under Building Permit No. 12365 and Certificate of Occupancy No. Z-5396 for an accessory constructed under Building Permit No. 6091. 6. INTENT OF SECTION 100-31B(15): In considering thi.~ application, Board Members have personally visited the site and are knowledgeable of the layout of the dwelling with proposed Bed-and Breakfast and m~in bedroom areas. The Beard finds that the location of the proposed Bed and Breakfast area within the existing dwelling unit does meet the intent of the current zoning reqniroment for placement within the main fundamental living unit in this dwelling, as applied. 7. PRIVATE EASEMENTS-AGREEMENTS: The applicants have confirmed their intention and offer to limit the use of their right to use the beach areas to the applicants' family and guests, but to disallow and discourage use by transient boarders under the Bed-and-Breakfast use. The Board does agree with the applicants and the Beard strongly recommends that the applicants by their offer will disallow an extension of their private rights and easement to transients boarding the B & B. The issues of private road ownership and beach use are not issues would would preclude the proposed use; and these specific issues are beyond the scope of review of this Board, and which are subject to private resolution among the claimants of these rights (rather than under the purview of the town). The Board further finds and determines that: (a) the proposed accessory use will not create a change adversely affecting the orderly and reasonahie use of legally Page 5 - Appl. No. 4291-SE Application of JAMES AND ELAINE O~KEEFE Decision Rendered February 1, 1995 established uses of adjacent properties or of properties in adjacent use districts because the building will continue the same singie-family residential character without any adverse physical change to the building or the land, and the owner must be the manager and operator of this access use; (b) the prOposed use will not directly affect the safety, health, welfare, comfort, convenience, or order of the Town or neighboring properties because the property does have direct frontage along a County Highway and also access fram a private road known as "Ruth Lanen - which does not need access over or through other residential lands for its safe and proper operation; (c) the use will be compatible with its surroundings and with the residential character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance because the legislative board (Town Board) of the Town of Southold has already determined this use compatible for all types of residential neighborhoods and the outside appearance, total scale and visibility of the existing dwelling and the land in question will remain unchanged particularly since this 100+ year old dwelling with a livable floor area of 2600+- sq. ft. is quite suitable for this type of accessory use. Additionally, the Board has also considered Section 100-264, subsections (a) through (p) of the Zoning Code and find that this proposed Special Exception use is clearly an accessory use, subordinate and incidental to the principal dwelling use with owner-occupaney. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to re-confirm the (uncoordinated) Negative Declaration prepared and posted by the Board of Appeals from November 30, 1994 to the present date, pursuant to the N.Y.S. Environmental Quality Review Act (SEQRA), and BE IT FURTHER RESOLVED, to GRANT a Special Exception as provided under Article IIIA, Section 100-30B of the Zoning Code (Chapter 100) for the establishment of a Bed and Breakfast Use as an accessory use incidental to applicant-owners' single-family residence, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: a) That the owners place a barrier or fence structure along the westerly side of the property abutting Ruth Lane which shah designate parking on-site for five vehicles; and b) That there be no backing out of vehicles onto the private read (Ruch Lane) or onto the County Road; every effort must be Page 6- Appl. No. 4291-SE Application of JAMES AND ELAINE O'KEEFE Decision Rendered February 1, 1995 made to comply with circulated parking on-site for proper exiting; and c) That this special exception is limited to three bedrooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal single-family dwelling use; and d) That pursuant to the Code Requirement at 100-31B(15)(b), "no accessory apartment shall be permitted in or on premlges for which a bed-and-breakfast facility is authorized or exists"; and e) That proper permit(s) or other approval(s) must be obtained from the Southold Town Building Inspector and any other governmental agency having jurisdiction thereunder prior to operating this B & B for rental purposes. Vote of the Board: Ayes: Messrs. Doyen, Diuizio, Villa, Wilton and Goehringer. This resolution was duly adopted. Page 7 - Minutes and Resolutions Regular Meeting - February 1, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4294. APPLICANT: JOSEPH AND MADELON DUGGAN. LOCATION OF PROPERTY: 330 Snug Harbor Road, Greenport, NY COUNTY TAX MAP DISTRICT 1000, SECTION 35, BLOCK 5, LOT 31. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated January 4, 1995: ~Proposed construction will exceed permitted lot coverage and is less than 75 feet from the bulkhead .... ~ PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 and Article ~KXIII, Section 100-239.4B. RELIEF REQUESTED: 12' deck extension at rear of dwelling with a setback of 45 feet from the bulkhead and 19'3n from the closest boat slip alcove. Lot coverage requested at 27% of total lot. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Robert A. Villa, Member ACTION/RESOLUTION ADOPTED: Granted with modifications conditions as follows: (a) setback to boat slip alcove to be instead of 19'3"; (b) no roofing or permanent enclosure as proposed; (c) no further reductions in requested setbacks. and 21'3" REASONS/FINDINGS: No alternative location is available; present location is a roar yard where accessory uses are permitted generally. Open decks are not considered major construction, and under the circumstances, an open deck in the rear yard is not unreasonable with the limitations established herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member James Dinizio, Member. Gerard P. Goehringer~ Chairman This resolution was unanimously adopted 5-0. Page 8 - Minutes and Resolutions Regular Meeting of February 1, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4295. APPLICANT: MICHAEL RACZ and GAlL DESSIMOZ LOCATION OF PROPERTY: 4255 Private Road No. Lane), Mattituck, NY. 10 (a/k/a HaBock's COUNTY TAX MAP DISTRICT 1000, SECTION 112, BLOCK 1, LOT 4 and p/o 3, containing 128,045 sr. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated January 10, 1995. "All accessory buildings, structures and accessory uses shall be located in the required rear yard. PROVISIONS APPEALED FROM: Article III~ Sections 100-33. RELIEF REQUESTED: 13.5' x 25.8' accessory greenhouse plus 8'3 x 6' rooms, one at each end of the greenhouse building (see plan prepared January 26, 1995 by J. Douglas Peix, R.A. The location is requested to be partly in the westerly side yard and partly in the southerly front yard (north of the driveway area) MOTION MADE BY: SECONDED BY: Richard C. Wilton, Member Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted location in the side yard at not less than 20 feet from the westerly property line as shown on Young & Young map revised Dec. 19, 1994, just south of proposed swimmlng-pool location which has been relocated in a required rear yard area. For purposes of zoning and subdivision approval, which is simultaneously with this application being finalized, all buildings other than the existing principal 2-story frame house shall continue to be treated as "buildings and uses accessory and incidental to the main single-family dwelling use (and not as separate principal dwelling units)." CONDITIONS PERTAINING TO THIS BUILDING ARE: (1) change on overall building size, heights and overall use or proposed activity to other than bathhouse, changing room and greenhouse, will require notification and further review by ZBA or its authorized representative as to need or waiver for further ZBA processing, amendment or hearing; (2) no sleeping or habitable areas; (3) no kitchen-cooking or microwaving. REASONS/FINDINGS: Existing two-story frame house which is the primary building used as a principal single-family occupancy/use is Page 9 - Appeal No. 4295 Application of MICttAEL RACZ & ano. Decision Rendered February 1, 1995 located 278 feet from right-of-way at the southerly property line and 110+- feet from the top of bluff as determined November 18, 1994 by surveyor. Placement of new accessory buildings at 100 feet or greater from the top of the bluff places the available land area in a side yard and/or front yard. AppIieant has determined yard area of building labeled "l-story frame cottage~ to be a rear yard, which allows the proposed accessory swimmingpool to be located in a required rear yard. For purposes of zoning, all buildings other than the existing principal 2-story frame house shall continue to be treated as buildings and uses accessory and incidental to the ~in single-fnmily dwelling use (and not as separate principal dwelling units). Based upon Section 100-30A.1-C, accessory buildings may also be located in a front yard for a waterfront parcel. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard . Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 10- Minutes and Resolutions Regular Meeting - February 1, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4296. APPLICANT: CHARLES TYLER, JR. LOCATION OF PROPERTY: 1455 Pike Street, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 140, BLOCK 2, LOT 41. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated December 2, 1994: "Horses and domestic flnimais other than household pets, provided that such animals shah not be housed within 40 feet of any lot line .... " PROVISIONS APPEALED FROM: Article III7 Section 100-31C(8). RELIEF REQUESTED: 5' x 9' accessory (chicken coop) shed with small fenolng located in the rear yard at 30 feet from the rear property line and 15 feet from the westerly side property line. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted present rear yard location for 5' x 9' accessory shed with fencing, as built, at 30 feet from rear line and 15 feet from side line for housing of six chickens or hens (as exist), subject to the foilowimg conditions: (1) chickens shall re~in housed until 7:00 a.m.; (2) chicken coop door opening shah face north; (2) no exposed manure to be collected on site; (3) when owner disbands chickens, remove coop and chickens or hens without replacement; (4) limited to housing for six chickens due to size and location; (5) limited to present size of 5' by 9'; (6) no outdoor burning; (7) no loud disturbances from fowl, such as roosters (8) open yard areas shall be tidy and clean from debris, tires, etc. (9) relocate accessory to the center of the rear yard. REASONS/FINDINGS: No alternative location is available; present location is a rear yard where accessory uses are permitted generally · (without housing of chickens). Chicken coop is temporary according to applicant. Under the circumstances, variance is not unreasonable with limitations established herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Nay: James Dinizio, Member. (No. reasons given) Abstained: Gerard P. Goehringer, Chairman This resolution was duly adopted 3-1, w~th orke. ab~t~ption. Page ii- Appl. Nos. 42g~. 4261, 4262 Property of WILLIAM GASSER Determination Rendered Februar~r 1, 1995 FINDINGS AND DETERMINATION With reference to each of the following separately filed applications and appeal file numbers: Appl. No. 4260 - Application for a Variance under Article IX, Section 100-91C(1) of the Southold Town Zoning Code, based upon the July 12, 1994 Notice of Disapproval issued by the Bui]ding Inspector for the placement of accessory tower structure which is required to be located .in a rear yard with a setback ~.~ per Section 100-33B(2) at five feet from the property lime. Property known and .referred to as the American Armoured Trunk Museum, 640 Love Lane and the south .side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District; amd Al~pl. No. 4261 Application for a Variance under Article XXIII, Section 100-231A of the Southold Town Zoning Code, based upon the July 12, 1994 Notice of Disapproval for the height of the fence which exceeds the required height limitation. Preperty known and referred to as the American Armoured Tank Museum, 640 Love Lane 'and the south side of County Route 46, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hmmlet Business Zone District; and Appl. No. 4262 Application for a Variance under Article IX, Section 100-93 Of the Zoning Code based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in thi~ Hamlet-Business Zone District. Property known and referred to as the American Armoured Tank Museum, 640 Love r~,~e and the south side of County Route 48, Mattituck, NY; Counter Tax Map Parcel No. 1000-140-2-16 located in the Hmmlet Business Zone District. WHEREAS, public hearings on each of the above applications were held on January 4, 1995 and February 1, 1995, at which t~mes ail who desired to be heard were heard and their testimony recorded; and .. WHEREAS, the Board has carefully considered all testimony and documentation submitted ~on~rning ~hi.~ application; WHEREAS, Board Members have personally viewed and are familiar with the premi.~es in question, its present zoning, and the surrounding areas; and Page 12- Appl. Nos. 426k. 4261, 4262 Property of WILLIAM GASSER Determination Rendered February 1, 1995 WHEREAS, the Board made the following findings of fact: 1. BASES OF APPEALS. These are appeal applications based upon a July 12, 1994 Notice of Disapproval issued by the Building Inspector. 2. OWNERSHIP: Town records show the owner of the subject property as WILLIAM F. GASSER, having acquired the subject premises on September 3, 1981 by deed at Liber 9071 page 54. 3. LOCATION AND DESCRIPTION OF PROPERTY: The subject property consists of an area of 32,109 sq. ft. with 50 ft. frontage along the easterly side of Love Lane and 60 ft. frontage along the southerly side of County Highway 48. The parcel is "L~ shaped with 248.50 ft. frontage in an east-west direction along the Long Island Railroad tracks. The property extends northerly 375.72 feet from the Long Island Railroad to the County Highway. ~he property is conforming as to total lot area, width and depth in thi~ H~m!et-Business (HB) Zone District. 4. USE OF PROPERTY: The subject property is known to be a non-profit tank museum which existed since the early 1980s. Prior to having been acquired in 1981 by William F. Gasser, the property was used as an C-Light Industrial storage yard related' to a nearby commercially established lumber company located on Sound Avenue, Mattituck. 5. ZONING. In 1981 the lower half of the subject premises was zoned "C-Light Industrial,n and the upper half of the subject premises was mixed nC-Light Industrial" and nan Agricultural-Residential. In January 1989, a new master plan was adopted which rezoned the premises to Light-Industrial. Subsequently, on May 27, .1992 the applicants applied to the Town Board for a change of zone from Light Industrial and Residential Office to Hamlet Business, and on November 10, 1992, the Town Board granted this change in zoning, with conditions as noted in the Declaration of Covenants filed in the Suffolk County Clerk's Office on November 8, 1993 at Liber 11651 page 134. 6. CHARACTER OF IMMEDIATE AREA. Abutting this property are the following: (a) to the northwest is a 34,578 sq. ft. parcel owned by Mr. and Mrs. Frank Ammariti since October 8, 1985 as per conveyances at Liber 9899 pages 22 thru 36 [8 deeds). On November 26, 1985, the neighbors applied for and received a Special Exception under File No. 3407 for a 470 sq. ft. catering services of prepared take-out foodsn in conjunction with tile owner's primary single-family residence on the second floor, and separate single-family apartment use on the existing first floor. The property in 1985 was zoned nC-Light-Industrial~-and-- prior to the Ammariti's conversion to catering, it was used as a multiple Page 13- Appl. Nos. 4260, 4261, 4262 Property of WILLIAM GASSER Determination Rendered February 1, 1995 residence for three families. Currently, the zoning designation for the Ammariti's parcel is Hamlet Business. (b) to the extreme north, County Route 48 (formerly known as County Road 27) which is a heavily traveled dual-lane highway. (c) to the east, property identified as 1000-140-2-18, now or formerly of Doreski, partly located in the Light-Industrial Zone and partly Residential-Office. Prior to 1989 thi~ property was also zoned C-Light Industrial and Agricultural/Residential. (d) to the south, the Long 'Island Railroad tracks. Further south of the LIRR tracks is the business district which consists of beauty salon, retail sales, bmnklng, dr~nklng establishment, and other personal service stores, with nearby municipal parking areas. APPLICABLE ZONING CODE PROVISIONS. 7. ACCESSORY TOWER SETBACKS: Article IX, Section 100-91C(1) reads as follows: Page ~4- Appl. Nos. 426'L, 4261, 4262 Property of WILLLAM GASSER Determination Rendered February 1, 1995 The accessory tower structure is shown on the sketch submitted with the application to be 19 inches short of the set-back requirement, at an 3.42 ft. (41") set-back instead of five (5') feet. It is also noted that the tower structure was reduced in height to less th~u 18 feet as required by the code when it was moved to this particular area - all resulting from an attempt to comply with the Town Board's conditions under its grant of zone change for this Museum on November 10, 1'992 and pursuant to a Declaration of Covenants filed at Liber 11651 at page 134 on November 8, 1993. The subject tower was moved to this location, however, without a building permit or set-back variance. A height variance is no longer necessary based upon the modifications to the tower by the owner-applicant. 8. FENCE HEIGHT: Article XXIII, Section 100-231A (added 1-9-89) requi~es the height of a fence to be limited to six feet when located in the front yard of nonresidential zones, and when located in or along side and rear yards, the same shall not exceed 6-1/2 feet. The fence height along the northerly (side) line and westerly (side) property li~e abutting Ammariti existed prior to 1982. At that time, fence heights along side and rear lines were permitted up to eight feet (Sectibn 100-119.1 of the 'former zone code) and fence heights within five feet of the property and within a front yard area were limited to four feet in height. The height requested by th~s application is for a total of 6'8~ (see applicant's sketch submitted with this application). 9. STORAGE OF MERCHANDISE IN ENCLOSED BUILDINGS: Article IX, Section 100-93 of the current Zoning Code reads as follows: The items which are not presently within an enclosed building are armoured vehicles, display guns on stands and other historical artifacts related to this type of museum. OPPOSITION/OTHER DISCUSSIONS 10. OPPOSITION RELATIVE TO NORTHWESTERLY LOT. During the hearing, opposition was received from the owners of property along the northwesterly property line of the subject premises. Memorandums have been furnished listing the areas of concern -- all of which have Page 15- Appl. Nos. 4260, 4261, 4262 Property of WILLIAM GASSER Determination Rendered February 1, 1995 been fully considered by the Board Members under thi.~ application. Some issues raised were: a) a claim by opponent(s) that although the Town was cognizant of the fact that the museum existed for more than 10 years without proof of enforcement proceedings for its existence as a museum use will, in the opposition's view, preclude the grant of the within variances; b) a claim by opponent(s) that even under the 1992 HB zoning designation by the Town, the property is not the proper place for a non-profit museum without outside storage. c) the Board at both hearings did request from opponent(s) a List of their own suggestions (similar to what is sometimes referred to as a "wish List") in which the concerns could be 'alleviated or be less advers~ to their property by way of mitigation, and the opponent(s) chose not to furnish a List of suggestions or requests. d) whether in fact the items which are not within an enclosed building would include motorized vehicles which have generally throughout the township for many years. e) Whether or not the submission of information showing the appLicant was operating as a museum from 1981 until 1992 is an issue to be determined at this time, under these applications, particularly since the action being appealed herein was taken by the Building Inspector dated July 12, 1994 and pertains to three specific areas: the tower location, fence height, and outside storage of artifacts. f) the specific "yard line" of the front yard as defined by Section 100-13 of the zoning code and a determinmtion of the required height for that yard line and yard area. g) whether or not the change of the zone by the Town Board in 1992 is directly relevant or a reason to preclude the g~anting or denial of the variances requested. FINDINGS, INTERPRETATION AND DETERMINATIONS 11. For record purposes, it is noted and further determined that the issues raised pertaining to items 10(b), (b), (e), and (g) herein {listed at page 5} are not properly under the jurisdiction of this Board in these variance requests as applied. The action by a Town Board to change the zoning Of a parcel, as well as issues of alleged lack of enforcement or compliance, is not an area to be properly decided by this Board, in a quasi-judicial status. Page 16- Appl. Nos. 4260, 4261, 4262 Property of WILLIAM GASSER Determination Rendered February 1, 1995 feet for nonresidential zone districts. The fence, height limitation is 6-1/2 feet when located along the side and rear yard areas. The requested height is shown on the applicant's sketch to be 6'8" enclosing the entire premises, and the variance required is for two inches (2") along the side and rear lines, and eight inches (8'*) for the front yard line. The fence is used for screening, privacy and security purposes. b) there will not be an undesirable change in the character of the neighborhood or a detriment to nearby properties, if granted for the tower setback; the location of the tower is at the furthest distance from the opponent's property, and is located very close to the vicinity of the rear yard of the easterly adjoining parcel; the location is also the general area requested at 100 feet or more from Love Lane as stipulated by the Town Board in its 1992 Declaration of Covenants and Restrictions; c) the benefit sought by the applicant can be otherwise achieve~l with. the placement of a fence at 6 feet in height within the front yard lines, and at 6-1/2 ft. along the side and rear property lines. d) the benefit sought by the applicant to locate the tower at the location shown is outweighed against any benefit claimed by the abutting property owner in its present location, as compared to another location of the tower. (It should be noted that no claim has been made for an alternative location by the abutting property owners for their benefit). e) the area variances for both the fence height and tower setback are not substantial or unreasonable - particularly in light of the fact that the property is uniquely shaped with an L-shaped configuration, narrow width, limited bnildable area, building location, and other preexisting nonconformities, as a commercial storage yard with parking of commercial trucks and other vehicles in open yard areas; it is not uncommon for fences to be placed at six feet in height, or more, when accessory to open storage yards for screening from view and for security purposes. f) · the area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or business district (see environmentsl reviews and declarations adopted in 1992 by the Town Board and Negative Declaration adopted by this Board on November 2, 1994); abutting the subject premises to the south are the Long Island Railroad tracks; to the north is a parcel of I~nd occupied as a take-out catering service which is nonconforming in the HB Zone District; g) the relief granted is the minimum necessary with variations between 2 and 8 inches as to fenee _height,.-and_as .to-la .inches-for--the to~ver setback reduction; at the same time the relief as conditionally granted will preserve and protect the character of the neighborhood and Page i7_ Appl. Nos. 42~ 4261, 4262 Property of WILLIAM GASSER DetermZuation Rendered February 1, 1995 12. INTERPRETATION. In this determination, it is confirmed by this Board that it has been the position of the Town for more than 37 years to permit the parking of movable, motorized vehicles or similar transportation in open areas. In fact, Article XXIII, Section 100-236 of the zoning code states that "...No unenclosed sto~age, except parking of operable passenger vehicles capable of passing inspection or recreation or boats and commercial vehicles as set forth in Section 100-191 shall be permitted in a residential district... (emphasis added),n This is not a residentlnl district; this is a business district which permits museums, *open space, **parking lots. Section 100-13 of the Zoning Code, defines these terms: *OPEN SPACE: Any parcel or area of lmnd or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. **PARKING LOT: An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. 13. VARIANCES. Fence height and tower setback relief are area variances {ref. New York Town Law, Section 267(1) amended Juiy 1, 1992). New York Town Law, as amended, provides that ZBAs consider two basic things: A) the benefit to the applicant if the variance is granted; and B) the detriment to the health, safety, and general welfare of the neighborhood or community that would occur if the variance were to be granted. In balancing the interests above, the Board Members have considered, and determined, the following five factors for these area variance requests: a) there will not be an undesirable change in the character of the neighborhood or a detriment to nearby properties, ms granted for the fence height variation between 2" and 8"; the yard line is defined on Page 10033 of the code to be "...A line parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter." The Bulk~Setback Schedule applicable to the Hamlet Business Zone District ('along Love-Lane) is for a front yard setbacl~ at 15 feet. A fence height limitation with the front yard line area is six Page 18- Appl. Nos. 426~. 4261, 4262 Property of WILLIAM GASSER Determination Rendered February 1, 1995 the health, safety and welfare of the comm,,nity; the fence at six feet in height is properly secured and is not damaged, deteriorated, and is not a menace to the public. The applicant-owner has agreed to add slats within the links of the fence and to provide additional screening as would be agreeable to the northerly abutting property owner. NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested for the fence height above six feet along the front yard line, and above 6-1/2 feet along the side and rear property lines for this nonresidential use; BE IT FURTHER RESOLVED, to INTERPRET the activity for parking of movable vehicles to include tanks and similar devices which may be used for transportation as a permitted use under Section 100-93 of the Zoning Code, with the understanding that these vehicles shall be placed within the southern most 14-feet of the applicant's property, and merchandise and items which are not defined as movable vehicles shall be stored as clearly worded under Section 100-93 within an enclosed building; BE IT FURTHER RESOLVED, to DENY the variance requested for outside storage of merchandise, other than motorized vehicles, since there is an alternative to store these items within all enclosed building; BE IT FURTHER RESOLVED, to GRANT the variance requested for a 19" reduction in the setback for the accessory tower structure, as applied, and BE IT FURTHER RESOLVED, that the following conditions shall be complied with: a) Only that area 14 feet along the southerly .property line (185' length) shall be used for parking of motorized vehicles in order that the remaining 36 feet remain open and unobstructed for on-site movement when necessary of vehicles, egress, ingress, landscaping, parking for guests and employees recommended along the northeriy property lien and other accessibility necessary in the event of a fire or other emergency. b) When the museum is closed, the northerly most 35 feet of the property {adjacent to Love Lane} shall remain opea .and unobstructed, except for employees/Volunteers' vehicles; c) Tall plantings or trees shall be placed and continuously maintained by the applicants along or near the joint Gasser/Ammaratti property line which runs in an east-west direction. If permission to place additional plantings is refused or prevented by the abutting property owners to the north (Ammariti), then confirmation shall be Page 19- Appl. Nos. 4260, 4261, 4262 Property of WILt.rAM GASSER Determln~tion Rendered February 1, 11995 placed in writing with proof to be rum/shed to the Town. It is recommended for the benefit of ali that some agreement be reached between the parties with reference to plantlnKs on either or both parcels. d). Border fenning sh,~li be slatted six feet north of the road line when it is presently unslatted; all fencing and slatted areas shall be i~i~tmlned in good colidition a~d repaired by the applicants. e) In six month~ from the date of the filing of thi_~ decision, the applicants-owners herein shall either remove all merchandise and artifacts which are not within a building. Alternatively, the applicants herein may apply to the Building Department within the next six month-~ for an addition or new building area for these purposes. In amy event, failure by the applicants to file a building permit application in a timely fashion shml! not prevent the Town from an enforcement proceeding by the Town Attorney's Office or the Southold Town Building Department. f) thi~ determln,',tion shall not preclude application, by the owners or an aggrieved pa~ty for different relief as may be required by the Building Inspector and f'led in accordance with the requirements of New York Town Law, Section 267 (such as an addition to the existing building, or new building for inside storage and display of merchandise and other artifacts). Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. Nays: Mr. Villa (felt the relief requested not suitable to this particular location and due to the size of the parcel) and Mr. Dinlzio (e. hose to withhold his reasons). This resolution was duly adopted 3-2. Page 20- Minutes and Resolutions Regular Meeting - February 1, 1995 Southold Town Board of Appeals Ili. OTHER/UPDATES/RESOLUTIONS/COMMUNICATIONS: A. SEQR. A Conditioned Negative Declaration received from Town Clerk and Town Board 1/30/95 re: Roy and Joanne Schelin, proposed Transfer Station at Cox Lane, Cutchogue. B. Lead Agency SEQRA determination received from Town Clerk regarding Scbelin Transfer Station. C. l)esignation and confirmation needed of a ZBA representa- tive for Association of Towns Meeting to be made (day trip). Member Dinizio indicated he may attend. Member Doyen indicated he would like to attend all ~neetings. D. Code Review Colnmittee - February 8, 1995 al 7:30 p.m. was confirmed. Ageada items: architectural review and special exceptions. The Chairman's memo of January 25, 1995 to the Code Committee Chairperson was discussed between Member I)inizio and Chairman Goehringer. Apparently some uses were proposed to be removed by the special exception requirement since it seems as though it were an extra application which may not be necessary. It was also proposed that one board may be able to consider two applications, i.e. Board of Appeals to do a special exception approval in some cases while incorporating site plan elements into its decision. Since the Planning Board does not bare authority to determine approvals for uses and site plans were contingent on meeting the code, some special exception steps were being eliminated for the purpose of "eliminating" an extra step or to streamline if it were to reduce the amount of time it took for joint apldications. The ZBA special exception process is normally 3 to 6 weeks and ibc Planning Board process is normally more than three months. The Chairman indicated that the Board members should prepare a list, and that list would be further discussed fop recommendations to the Town Board committee of zoning matters. At this time a brief list, prepared 1/31/95 by the ZBA office) was briefly discussed. It was decided that Special Page 21- Minutes and Resolutions Regular Meeting - February 1, 1995 Southold Town Board of Appeals Exceplions for each of the following could be eliminated provided the Planning Board continues with site plan jurisdiction for each: Auditoriums, confer'once facilities, ~neeting halls, fraternal orgaaizalions - delete SE. Apartments over stores - delete SE. Two-family dwelling - delete SE. Car dealerships - delete SE. Car sales and display - delete SE. Funeral homes - keep SE; delete site plan jurisdiction. Commercial clubs, delete SE; keep site plan jurisdiction. Other uses on the list were not addressed and Chairman chose to continue at another time since this was not the approppiate time (being a midnight houp and the list submitted on short notice). E) A tlazardous Communications/Compliance Plan meeting was scheduled by Sepervisor Wickham for February 15th at 10 a.m. for all department heads or their designee to attend. Linda Kowalski indicated she would attend. There being no other business properly coming before the Board at ibis lime, the Chairman declared the meeting adjourned. The meeting was adjoummd at 12:03 a.m. Respectfully submitted, 'L4nda Kowalski, Confidential Ass't. Southold Town Board of Appeals