HomeMy WebLinkAboutZBA-01/04/1995APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 4, 1995
7:15 p.m. Work Session - File Reviews - No action was taken.
7:30 p.m. Regular Meeting - Car to Order by Chairman
A Regular Meeting was held by the Southold Town Board of Appeals
on WEDNESDAY, JANUARY 4, 1995 commencing at 7:30 p.m. at the Town
Hali, 53095 Main Road, Southold, New York 11971.
Gerard P. Goehringer, Chairman/Member
Serge J. Doyen, Jr., Member
James Dini?~io, Jr., Member
Robert A. Villa, Member
Richard C. Wilton, Member
Linda Kowalski, ZBA Secretary
I. DISCUSSION: As per amended Section 100-31A(4) adopted by the
Town Board on 11-29-94, a Special Exception is no longer required in the
A-C Zone District for a newly established winery or its accessory uses,
provided owner applies to the Planning Board for site plan approval with
a n~nimum of 10 acres of land and applies to the appropriate agencies
before renovations or other activities. Local Law is in effect as of
12-5-94.
II. PUBLIC HEARINGS. These matters were held for public hearings.
Following the public hearings are the findings and determinations
rendered by the Board of Appeals as may have been rendered immediately
after the conclusion of each hearing. Also see verbatim transcripts for
each hearing, which have been prepared under separate cover and filed
simultaneously with this set of minutes.
7:3 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI.
Request for a Variance under Article III, Section 100-30A(1) for approval
of the location of an accessory swimmingpool, above ground as built, in a
yard area other than the required rear yard, at premises known as 5655
Indian Neck Road, Peconic; Parcel ID 1000-86-6-14. (Setback from
property lines, when located in a yard area other than a rear yard, shah
be determined by the Board of Appeals. )
Page 2 - Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
motion by Chairman Goehringer, seconded by Member Villa, and duly
carried, to close (conclude) the hearing and reserve decision until
later. This resolution was duly adopted.
I. PUBLIC HEARINGS, continued:
7:42 p.m. Appl. No. 4289 WILLIAM AND VERA SMITH.
Request for a Variance under Article IliA, Section 100-30A.3
based upon the October 28, 1994 Notice of Disapproval issued by the
Building Inspector, for permission to construct addition to existing
building which will have an insufficient front yard setback.
Location of Property: 980 Bayview Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-106-10-17. William Smith appeared and
spoke in behalf of this application. Following receipt of testimony,
the following favorable action was taken:
(Continued on next page)
Page 3 Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4289.
APPLICANT: William A. Smith.
LOCATION OF PROPERTY: 980 Bayview Avenue, Mattituck, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 106~ BLOCK 10~ LOT 17.
BASIS OF APPEAL:
Inspector 10/28/94.
yard setback."
Notice of Disapproval issued by the Building
"Proposed construction will have insufficient front
PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3.
RELIEF REQUESTED: Four (4') extension to living room which is
feet wide along front of dwelling, leaving a reduced setback from
feet to 33 feet (confirmed by owner in the application).
20
37
MOTION MADE BY: Goehringer SECONDED BY: Dinizio.
ACTION/RESOLUTION ADOPTED: Approved 4' x 20' wide addition, as
applied, in order to increase living room area, leaving a reduced front
yard setback at the requested 33 (or 32.9) feet. No reduction in side
yards to less than code requirements requested.
REASONS/FINDINGS: Variance requested is minimal at two feet from the
code requirement. No other alternative is available since the dwelling
is located as shown since prior to the enactment of zoning (prior to
1957). Property has frontage along two access routes and is
substandard in size (assessors' records show the property to be .30 of
an acre, or 16,000 sr. House has existed for over 50 years.
Substandard size and unusual dimensions of the land lend to difficulties
in conforming with the setback requirement.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 4- Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
I. PUBLIC HEARINGS, continued:
7:44 p.m. Appl. No. 4290 -WAREX TERMINALS CORP.
Request for a Variance under Article X, Section 100-101C, ref.
100-33, for permission to locate a canopy structure over existing
gasoline pumps in an area other than the rear yard. Location of
Property: 9945 Main Road, Mattituck, NY; County Tax Map Parcel
No. 1000-142-1-27. Mr. Jerry Knight and Louis DeRonde appeared
and spoke in behalf of this application. Following receipt of
testimony, the following favorable action was taken:
(Continued on next page)
Page 5 - Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4290.
APPLICANT: Warex Terminal Corp.
LOCATION OF PROPERTY: 9945 Main Rood, Mattituck, NY.
TAX MAP DISTRICT 1000, SECTION 1427 BLOCK l, LOT 27.
COUNTY
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector 1112194. "Accessory structure(s) shall be located in the
required rear yard."
PROVISIONS APPEALED FROM: Article X, Section 100-101C(1).
RELIEF REQUESTED: Canopy structure over existing gasoline pumps
which are located in the front yard area and more particularly shown on
Drawing 9427-LD dated 9/22/94 prepared by W. Wade, P.E. and Louis
DeRonde of Petroleum Associates.
MOTION MADE BY: Robert A. Villa SECONDED BY: James Dinizio, Jr.
ACTION/RESOLUTION ADOPTED: Approved location of accessory canopy
structure as shown on 9]22/94 drawing, provided: (1) peak of
greatest lighting be limited to periods during regular, business hours
when open to the public; (2) setback no less than 11'5" to the
property line as applied; (3) subject to other applicable fire and
safety requirements as determined by the Building Inspector. Canopy
structure shall be surface-mounted as deemed appropriate by the
Building Inspector.
REASONS/FINDINGS: Gasoline pumps and islands are existing. Canopy
is an open, roof-type structure rather than a fuily enclosed structure;
the canopy does not cause obstructions for egress or ingress within the
parcel. Placement of a canopy structure is not an expansion of use and
does not create additional parking under code regulations. Property
received Special Exception approval on December 12, 1968 by the Board
of Appeals under Appl. No. 1225. (The sale of vehicles is prohibited
and is not a request under this application.) The property contains
two front yards and virtually has no rear yard under the definitions and
setbacks of the Southold Town Zoning Code.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 6 - Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
I. PUBLIC HEARINGS, continued:
7:55 p.m. Appl. No. 4287 -NORTH FORK BEACH
CONDOMINIUMS. (Carryover from December 7, 1994). Request to
install swimmingpool at 52325 C.R. 48, ~Southold, NY;
1000-135.1-1-43. Testimony was received from Mr. James Callahan.
Following the hearing, favorable action was taken as noted below:
(Continued on next page)
Page 7 - Minutes
January 4, 1995 Regular Meeting
Sauthold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4287.
APPLICANT: North Fork Beach Condo.
LOCATION OF PROPERTY: 52352 C.R. 48, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 135.1~ BLOCK 1, LOT
43.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector 11/1/94. "Accessory sw~mmir~gpool is required to be in the
rear yard."
PROVISIONS APPEALED FROM: Article III~ Section 100-33.
RELIEF REQUESTED: Accessory swimming pool structure in a front
yard area as shown on map dated July 1994, prepared by James B.
Behrendt, L.S. Pool location was mitigated as a greater setback, shown
at 18 feet from Sound View Avenue (instead of 1] feet).
MOTION MADE BY: Richard Wilton SECONDED BY: James Dinlzio, Jr.
ACTION/RESOLUTION ADOPTED: Approved location of accessory
swimming pool structure as shown on July 1994 drawing of James B.
Behrendt, L.S., provided: (1) size of pool not to exceed 18' x 24';
(2) deck and patio areas shall be at ground level, as requested (3)
setback not less than 18' to the northerly property line as applied;
(4) Lighting, if any, must be shielded down toward the property to
prevent glare onto adjoining areas.
REASONS/FINDINGS: Swimming pool is proposed to be in-ground and is
not proposed to be in a fully enclosed building. Placement of a
swimmingpool structure is not an expansion of the principal use as a
motel and does not create a need for additional parking under code
regulations. The property has four front yards and virtually has no
rear yard under the definitions and setbacks of the Southold Town
Zoning Code. No other alternative is available.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 8 - Minutes
January 4, 1995 Regular Meeting
Southold Town Beard of Appeals
I. PUBLIC HEARINGS, continued:
7:58 p.m. Appl. No. 4286 -JOEL AND MARGARET LAUBER
(COREY CREEK VINEYARDS). {Carryover from December 7, 1994}.
Request for Special Exception to establish Winery Use for the sale of
wine produced from grapes grown on the existing Vineyard where the
proposed Winery is to be located. Location of Property: Consisting
of a minimum of ten (10) acres of land referred to as 45470 Main
Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 & 9.6. Joel
Lauber appeared in behalf of his application. Appearing against the
application was Mr. Fistacci, the westerly adjoining property owner.
(See verbatim transcript of hearing for statements made.) Following
the hearing, action was taken based upon a new Local Law that was
recently adopted by the Town Beard which requires 10 acres of lnnd
for a winery with site plan approval, but without a special
exception. On motion by Chairman Goehringer, seconded by Member
Dinizio, it was
RESOLVED, to close the hearing and further to confirm that
based upon Local Law No. 26-1994, the Town Board has eliminated
the requirement for a Special Exception, and a determination of
no-jurisdiction is made at this time effective December 3, 1994 - the
effective day of the new code revision (after County Planning
comments and filing with the Department of State).
Note: Said winery shall be in accordance with the requirements of
Local Law No. 26-1994 and the Zoning Code with 10 acres of land
upon which the winery is located and subject to site plan approval.
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio,
Doyen, Wilton and Villa. This resolution was duly adopted.
I. PUBLIC HEARINGS, continued:
8:07 p.m. Appl. No. 4293- EDWARD J. MUNSON. Request
for Variance under Article IIIA, Section 100-30A.3 based upon the
December 7, 1994 Notice of Disapproval issued by the Building
Inspector for permission to construct addition to dwelling which will
have an instfffieient sideyard setback at less than the required 15
feet, and total side yards at less than the requirod 25 feet.
Location of Property: 1545 Oaklawn Avenue, Southold, NY; County
Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land
area. Mr. Munson appeared and spoke in behalf of his application.
Following the hearing, favorable action was taken as noted below:
(Continued on next page)
Page 9 - Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4293.
APPLICANT: Edward J. Munson.
LOCATION OF PROPERTY: 1545 Oaklawn Avenue, Southold, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 70~ BLOCK 3, LOT 5__z.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector 12/7[94. "Proposed addition with have insufficient side yard
setback." (Also advertised for insufficient total side yards by ZBA. )
PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3.
RELIEF REQUESTED: 9.2 ft. addition at side of dwelling, extending
16.6' deep, leaving a reduced setback from the required 15 feet to 12.6
feet at the south(east) side, and total sideyards at 6.1 & 12.6, or 18.7
feet instead of the required 25 feet total sides.
MOTION MADE BY: Member Wilton SECONDED BY: Member Doyen.
ACTION/RESOLUTION ADOPTED: Reduced sideyard setback to 12.6 feet
instead of the required 15 feet, and total side yards at 18.7 feet
instead of the required 25 feet total, for a 9.6 (or 9.2) ft. addition.
Approved as applied.
REASONS/FINDINGS: Variance requested is minimal at 2-112 feet from
the code requirement. Preperty is substandard in size at 50 x 208, or
10,400 sq. ft. in an R-40 Zone District. Dwelling as exists is only 22
feet wide. Accessory garage is nonconforming at .5 ft. from the
south(east) side property line. House has existed for over 50 years.
Substandard size and unusual dimensions of land and buildings lend to
difficulties in conforming with the setback requirements.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 10- Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
I. PUBLIC HEARINGS, continued:
8:12 p.m. Appl. No. 4292 -JAY AND MARY THOMSON.
Request for a Variance under Article IliA, Section 100-30A.3 based
upon the November 30, 1994 Notice of Disapproval issued by the
Building Inspector for permission to construct addition to existing
dwelling which ~ exceed the maximum lot coverage limitations.
Location of Property: 695 Bayshore Road, Greenport, NY; County
Tax Map Parcel No. 1000-53-6-14. Mr. Thompson appeared in behalf
of this application. Following testimony and conclusion of the
hearing, motion was made by Chairman Goehringer, seconded by
Member Dinizio, and duly carried, to reserve decision until later
after deliberations. This resolution was duly adopted.
I. PUBLIC HEARINGS, continued:
8:20 p.m. Appl. No. 4291. JAMES M. and EI,AINE O'KEEFE.
Request for a Special Exception under Article IIIA, Section 100-30B
to establish Bed and Breakfast use as an accessory incidentai to the
applicant's single-family residence and ownership of dwelling located
at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No.
1000-52-3-1. Zone District: R-40 Low-Density Residential. Mr. and
Mrs. O'Keefe appeared in behalf of their application. Appearing in
opposition were several neighbors represented by Carmella BorelH,
Esq. Also speaking were Fl~ank Flynn, a resident of Main Road,
Southold. (Please see written transcript for verbatim statements
during hearing. ) Following the hearing, motion was made by
Chairman Goehringer, seconded by Member Wilton, and duly carried,
to close (conclude) the hearing, pending deliberatio~s later. This
resolution was duly adopted.
RESOLUTION OF NO-JURISDICTION:
Dinizio, seconded by Member Wilton, it was
On motion by Member
RESOLVED, to confirm no jurisdiction, based upon Local Law
No. 26-1994 effective December 3,1994 for the requested Speciai
Exception request of OSPREY DOMINION filed by Frederick Koehier
and the proposed winery at the Main Road, Southold.
NOTE: Said winery shall be in accordance with the requirements of
Local Law No. 26-1994 and the Zoning Code with l0 acres of land
upon which the winery is located and subject to site plan approval.
Also, it was to be understood that there shall be no disturbance to
areas near wetlands for any type of regl~dding Or other' activity.
Page 1/- Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio,
Doyen, Wilton and Villa. This resolution was duly adopted.
9:20 - 10:30 p.m. Hearings combined for the following:
Application for Variances requested by WILLIAM F. GASSER
concerning his property known and referred to as the American
Armoured Tank 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, which requests are
noted as follows:
(9) 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;
(10) 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;
(11) 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.
Mr. and Mrs. Gasser appeared in behalf of their application. Also
appearing were many supports. Opposing were the adjoining
property owners to the north, Mr. and Mrs. Ammariti, who were
represented by Carmella Borelli, Esq. Following receipt of testimony
by all and evidence submitted into the reeord, motion was made by
Chairman Goehringer, seconded by Member Dinizio, and duly carried
to continue (recess) the hearing at the February 1, 1995 Regular
Meeting. This resolution was duly adopted. (No objection was
received from the applicants or the audience. )
10:30 p.m. End of hearings.
DELIBERATIONS/DECISIONS: (Continued on next page).
Page 12 Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4292.
APPLICANT: Jay and Mary Thomson
LOCATION OF PROPERTY: 3605 Bay Shore Road, Greenport, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 53~ BLOCK 6, LOT 14.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector 11/30/94. Proposed "addition exceeds permitted lot coverage."
PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.3.
RELIEF REQUESTED: 12' x 12.4' addition at the westerly end of the
existing dwelling for expanded living floor area. Lot coverage
requested to be 25.86 percent of the 7623 sf lot size. Nonconforming
setback at 7+- feet to be maintained at the southerly side without
further reduction over existing nonconformity. Lot coverage as exists
without addition is shown by owner to be 1823 sq. ft., or 23.34 percent.
MOTION MADE BY: Member Villa SECONDED BY: Member Dinizio
ACTION/RESOLUTION ADOPTED: Denied 12' x 12.4' addition as
requested and granted alternative lot coverage to allow for an 8' x 12.4'
wide addition, maintaining the side yard as exists at the south side and
extending not more than eight feet towards the road subject to the
following conditions: (l) no manufacturing, sales or millinery is
permitted; (2) no further lot coverage increases over than the
existing (1823 sq. ft.) and 99.2 sq. ft. granted by this variance;
(3) cellar entry shah be located on side of house, as required by
Building Inspector for safety and fire purposes.
REASONS/FINDINGS: Prior lot coverage variance was issued 7/5/79
under #2561. Property presently has a lot coverage of 1823 sq. ft.,
and with additional 99 sq. ft. will be 1922 sq. ft., or 25% of lot
size. House has existed since 1950+- on this substandard parcel.
Unusual size and dimensions of the ]and, together with established
nonconforming rear, bulkhead, and side yards of preexiating dwelling
structure, having existed lend to difficulties in conforming with the
lot coverage limitation. Owners alternative in the future is to build
at a second level over existing building area.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 13 - Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
DECISION RENDERED: January 4, 1995 APPL. #4288.
APPLICANT: Jack and Chris Gismondi.
LOCATION OF PROPERTY: 5655 Indian Neck Road, PeconJc,
COUNTY TAX MAP DISTRICT 1000, SECTION 867 BLOCK 6_~ LOT 14.
NY.
BASIS OF APPEAL: Notice of Disapproval
Inspector 8/15/94. "Accessory. structure(s)
required rear yard setback."
issued by the Building
must be located in the
PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A.4.
RELIEF REQUESTED: Temporary location of above-ground 4 ft. by 12
ft. accessory swlmmingpool pool, 48" high, located in the side yard, as
built and more particularly shown on sketched map submitted with this
variance application.
MOTION MADE BY: Gerard Goehringer SECONDED BY: James Dinizio.
ACTION/RESOLUTION ADOPTED: Approved temporary location of
accessory above-ground pool, provided there shall be no permanent
replacement within existing side area for any other type of structure;
any future in-ground pool or building must be placed in the northerly
yard area (which is technically the rear yard) meeting code setbacks.
The existing temporary above-ground pool shall not be enlarged and
shall remain centrally located in the side yard, as exists~ until
appropriately removed and relocated.
REASONS/FINDINGS: Property is substandard in size in an R-40 Zone
District. No other yard area has been designated as a rear yard.
Property contains two front yards and two side yards.
VOTE OF THE BOARD:
Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard A. Wilton, Member
Gerard P. Goehringer, Chairman-Member.
This resolution was duly adopted.
Page 14- Minutes
January 4, 1995 Regular Meeting
Southold Town Board of Appeals
REMINDERS confirmed with board members from tonight's agenda:
A. Discussion: Suggestions for Code Changes to list under
prohibited uses the advertising and sale of guns and
ammunition, except in certain business zones.
B. Code Committee Session of January - none as yet.
C. Plsnnlng and Zoning Session: January 3, 1995 at 7:30 p.m.
D. Transportation Comm. meets weekly on Tuesdays at 4 p.m.
E. Tax Committee - public information on Tuesday at 7:30 p.m.
F. TDR Committee meets weekly in Jan. 95 Wednesdays, 7 p.m.
G. ZBA and PB interviews 1/11, 1/12 and 1/13.
OTHER UPDATES CONFIRMED FOR REPLY (Agenda Item V)?:
A. Comments from Board Members requested on the following:
1. Re: new Merger at 100-25 proposal d~afted by Town
Attorney received and distributed December 13, 1994.
2. Re: new B & B draft received/distribuled 12/16.
3. Re: streamlining of site plan and special excep-
tion projects and/or elimination of some reviews.
B. Representative to be selected for day trip at Association
of Towns Meeting Feb. 19-22, 1995.
C. Need for Instant Camera - Purchase Order Request.
There being no other business properly coming before the Board
at this time, the Chairman declared the meeting adjourned. The
meeting ended at 11:00 p.m.
Respectfully submitted,
Ei~lda F. ~Kowalski, Secretary
Southold Town Boa~rd of Appeals
rman ~
Approvd for Filing
, ECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Southold