HomeMy WebLinkAboutZBA-01/12/1994APPEALS BOARD MEMBERS
Gerard P. C-~ehr~nger, Chairman
Serge Doyen, Jr.
Jmmes Dinizio, Jr.
Rober~ A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
WEDNESDAY~ JANUARY I2~ 1994
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
7:15 p.m. Work Session - File Reviews - No action was taken.
7:30 p.m. Regular Meeting - Call to Order by Chairman
A Regular Meeting was held by the Southold Town Board of
Appeals on W~DNESDAY, JANUARY 12, 1994 commencing at 7:30
p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman/Member
James Dinizio, Jr., Member
Robert A. Villa~ Member
Richard C. Wilton, Member
Linda Kowalski, ZBA Clerk and Secretary
Absent was: Serge J. Doyen, Member (due to illness).
I. The~following matters were held for PUBLIC HEARINGS~
noted aS~f0IiOWS:
4207 - FRANK G. HETZER.
Secti6~~
an c to the
a 1 ack.
Variance to
~.3 (Bulk
mpprOVat of
an
an
area 13,500+- square feet and is situated in the R-40
Low-Density ReSidential zone-District. LoCationof Property:
535 Meadow Lane, Cu~chOgue, NY; COunty Ta~'Map DistriCt-1000,
Section 116, Block 2~'Lot 20. Mr. and Mrs. Hetzer b°th
appeared in behalf of their application.` F0116wi~'testimon¥,
the Board deliberated and rendered the following determination:
Page 2
Regular Meeting - January 12, 1994
Southold Town Board of Appeals
FINDINGS AND DETERMINATION
Appeal No. 4207:
Application of FRANK HETZER. Variance to the Zoning
Ordinance, Article IIIA, Section 100-30A.3 (Bulk SchedUle), and
Article XXIV, Section 100-244B, for permission to loCate deck
addition along an existing side porch area. A portion of the
"as built" deck has an insufficient rear yard setback. The
subject parcel cont~P~ an area of 13,500+- square feet and is
situated in the R-40 Low-Density Residential Zone District.
Location of Property: 535 Meadow Lane, Cutchoque, NY; County
Tax Map District 1000, Section 116, Block 2, Lot 20.
WHEREAS, a public hearing was he~d on Januar~ 12, 1994, at
which time those who desired to be heard were heard and their
testimony recorded [no opposition was received); and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, the present use and
building(s), and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
i. The premises in question:
(a) is a described parcel of land situated on the
westerly side of Meadow Lane at Cutchoque, identifiedon the
Suffolk County Tax Maps as District 1000, Section 116, Block 2,
Lot 20;
(b) is nonconforming as to total lot area containing a
total lot area of approximately 13,000 sq. ft., f.rontage along
Meadow Lane of 140.62 feet, and lot depth of 100 feet.
(c) is improved with a single-family, one-sto~ frame
dwelling structure set back at 35.1 feet fremthe front property
line to the east, 7 feet from the southerly side propert~ line,
and 30 feet from the rear property line {to the foundation of
the dwelling). The dwelling was builtduring 1972 under
Page 3 - Appl. No. 4207
Ma~terof FRANK HETzER
Decision Rendered Jan,~ary 12, 1994
southold Town Building Permit No. 5718Z, and the applicant
purchased the premises on J~nuary 16, 1980. ·
(d) is regulated under S100-244 of the Zoning-Code
pertaining to lots with less than 20,000 sq. ft. {as enacted in
January 1989..}
2.~ By this application, appellant has requested approval
for the "as built" open deck reduction in the northerly yardfor
a 10 by t2-foot open deck. The extension which protrudes beyond.
the existing o~ter Side wall Cf the existing dwelling is shown
to be 5 to 5-1/2 feet, leaving a setback at 24-1/2 to 25 feet.
3. The code requirement for the rear yard setback on a
nonconforming parcel in this R'40 Zone District is toda~ (and
since January 1989) set at 35 feet. The Present rear Yard of
the dwelling, as built in 1972, is 30 feet (which is ~today also
nonco~orming~.
4. It is the position of the Board that ~he amount of
relief requested for the five foot minimal deck area is not
substanti~I. No other variances for insufficient setbacks a~e
required for this property, as submitted.
5. In consideringthis application, the Board also finds:
- (a) there is no valid public purpose which outweighs
the applicant's diffiCui~ies for a five-fOot variance, and the
size of the deviation iSde minimus;
(b) a substantial change will not be produced in the
character of the neighborhood;
the difficulty cannot ~be obviated by some methed
appli~ant to purSUe othe~ than ~o~eD variance;
(d) in view of the .manner in which ~he difficulty
arose and thei~faC~ · land area is not avaitable,
the interes~ df [be served by allowing the
three-foot side'
(e) the applicant's difficulties maybe deemed
self-created, but thelooation Of the deck is m~st feasible as
chosen, diStantlY located away from the adjoining g~f'~ourse.
and the diffiCulties are u~iquetyrelated to the layout and
general character, shape and siZe of this parcel;
Page 4 - Appl. No. 4207
Matter of FRANK HETZER
DecisiOn Rendered January 12, i994
(f) in considering all of the above factors, the
interests of jUstiCe Will be Served by granting this five-foot
(5-1/2~ft.) reduction in the northerly side yard, as requested.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT the requested reductio~ for a setback of
not less than 24-1/2 feet in the northerly weSterly rear yard
area for an "as built" open Beck addition to the existing
dwelling, SUBJECT TO THE FOLLOWING CONDITION:
That the deck remain unroofed (except if re-applied and
approved by the Board of Appeals in the future).
VQte of the Board: Ayes: Messrs. Goehringer, Dinizio,
Villa, and Wilton, (Member Doyen was absent due to illness).
This resolution was duly adopted byunanimoUs vote of the'
members present'(4-0).
Public.hearings continue. Please see Page 6.
(For reference as needed, please also see verbatim transcript
of all hearings prepared under separate cover and also filed
this date with the Town Clerk's Office.)
Page 5 Minutes
S0utholdTownBoard of Appeals
Regular Meeting of January 12,
I994
APPROVAL~ OF MINUTES: On motion by Chairman Goehringer,
seconded by Member Wilton, it was
RESOLVED, to approve the Minutes of the December 8, 1993
Regular Meeting of the Southold TOwn Board Cf Appeals as
s~mitted.
Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa
and G0ehringer. (Member Doyen.of F.I. was absent due to
illness.) Thisresolution was duly adopted.
MEETINGS FOR 1994: The ChaiLman established the following
dates during 1994 as RegUlar sessions of the Southold Town Board
Of A~peals, Work SessiOn co~L~,en~ing before the 7:30 p~ml Regular
Session:
(First Wednesday of Each Month):
WedheSd~y, F~br~uary 2nd
wednesday, M~klch~ 2~d
we~sdaY~ ~:it 6th
Wedlnesday, F~y 4th
Wednesday, JUne 1st
wednesday, J~ly 6th'
wednesday, A~g~st 3rd
wednesday', SePtember 7th
Wednesday, October 5th
wednesday, NOvember 9th
Wednesday, December 7th
AYES: Ail.
and public infO£mational purposes.
PRIOR APPROVAL - REQUEST FOR RENEWAL AND RE-WORDING OF
SIGN: The B6ard M~mhers F
KrukowSki (d/b/a covey's Farm), owner of a parcel'~
the south side of the Main Road, Southold, 'presently farmed' and
improved with a substantial barn. Mr. ~owski' is requesting
permission to Change the name of the restaurant for directional
purposes, from"The Barge" to "The Sea Shell Restaurant."
Page S - Minutes
Southo%d Town Board of Appeals
~Regutar Meeting of January 12, 1994
on motion by Member Wilton, seconded by Chairman Goehringer, it
was
DETERMIb~ED, that upon receipt of a letter from the owner of
t e Sea Shell Restaurant indicating 't~at this is the only
directional sign in the Town of SouthOid, and no other' signs
will be placed or exist, the sign would be appravedb~ separate
letter'~frOm the Chairman.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,
Wilton and Villa. This resolution Was duly adopted.
PUBLIC HEARINGS, continued:
7:35 p.m. Appl. No. 4208 - KIM CAMPBELL. Variance to
Locati°n of PropertY: PrivateRoad at EaSt 'Harb6r, Fishers
forwardS' a request tO the ZBA for an ad.journment in order that
they may Obtain DEC and'TrUstees' approvalS. This building was
duly Ca~ried, to ADJOURN this hearing without a date
receipt Ofthe T0w~Trustees' action as
applicant~S agent. The hearing will need to be advertised a
Second time.
7:56 p~m. No. 4209 - PAMELA S. and
building that
buildingI With a noncon~0£ming use. (Th
that:the SubjeCtbUilding ha~ formertYl
threeaa~ar~me~ts;alth0ugh the present USe of the' buit~ng is
1000-24-02-24. The subject premises contains a total 10t area
of approximately 9,500' sq. ft. and is situatedin the R-40
Residential Zone District. Present and Speaking in favor of
the application were: the appticants~ the architect, Norman
Page 7 - Minutes
Southotd Town Board of Appeals
Regular Meeting of january 12, 1994
Price, the builder (Bob Sorenson), and Bill Giliooly. There was
no opposition regeived dUring the hearing. (s~e~ 9er~tim
as needed.) FollOwing testimony, motion was made by Chairman
Goehringer, seconded bFMember Villa, a~d dul~darri~d, to close
(conclude) the hearingpending deliberations later this evening.
5nd of public hearin§s.
Roger Board
:'his
the
i.: of
a]
breezeway
Sid~'~
requires four walls and a roof for a full , and the'
not address
The' garage is~proposed in t~e' Side yard andi~
as to whether or not a breezeway woUld'fall ~nder the'definition
of a Principal addition (such ~rea, etc.~~ if only
attached by an open · The Board
ecretar~ retayed~amessage ~ Rut~O. to request draft
Ording or r~c°mmendati.ons from Z.B.A. Members fora new L~cal
Law on areas of breezeway additions, etc~
Page 8 - Minutes
SouthOtd Town Board of Appeals
Regular Meeting of January t2~
1994
After lengthy discussions and suggestions, motion was made
by Chairman Goehringer, seconded by Member Dinizio, and duly
carried to send'th~ following proposed draft for consideration
in the ZOning Code:
NEW DEFINITIONS at SECTION' t00-13:
"BREEZEWAY ATTA~ or OPEN PORCh"
Roofed open construction projecting from the
dimensions of g' x 10' at one story height
connectingthe main building anda garage. Other
breezeways Which eXtend-more than 10 feet shall not
attach a main building and a garage or other enclosed
area unless it is fully' enclosed with a pe£manent roof
and four walls.
DELIBERATIONS/DECISIOn, S:
Matter of AppI. No. 4209- MATASSONI and VALENTINE.
(Findings and Determination continued on next page)
Page 9 Minutes
Southold Town Board of Appeals
Regular Meeting of January 12, 1994
ACTION OF THE BOARD OF APPEALS
Appeal No. 4209:
Application of PAMELA So VALENTINE and WILLIAM L.
MATASSONI for a Variance appealing the DeCember i6, 1993 Notice
Of DiSapproval of the Building Inspector for permission to
reconstruct building that is a nonconforming building, now
occupied with a conforming use (Previously a nonconforming use
when the s~bject building had formerly been utilized for
three-apartments, although the present use of the building is
one-family). The occupancy of the building, if reconstructed,
is proposed to remain as one-family. Location of Property:
1970 Village Lane, Orient, NY; County Tax Map Parcel No.
1000-24-02-24. The subject premises contains a total lot area
of approximately 9,500 sq. ft. and is situated in the R-40
Residential Zone District.
WHEREAS, after due notice, a public hearing was held on
January 12, 1994, and at Said hearing all those who desired to
be heard were heard 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. The subject premises is known and referred to as 1970
Village Lane, Orient, and is located R-40 Low-Density
Residential Zone District.
2. This property Consists of an area of 9,494 square feet
of land area and is improved with two separate dwelling
structures, as more particularly shown on the September 18, 1986
survey prepared for Mary Lee Larsen, a prior owner, by Sealand
Surveying & Engineering, P.C. (Job No. 86-1466). Also s,,hmitted
for reference purposes is a copy of a su~ve~ originally Prepared
June 14, 1983 by Roderick VanTUyl, P.C., and amended Aprii'i6,
1993 for William Matassoni and pamela Valentine.
3. The applicants are proposing to rebuild and replace a
dwelling structure shown on both the above-mentioned surveys in
Page 10 - Appt. No. 4209
Matter of WILLIA~MATAS$ONI & PAMELA VALENTINE
DeciSion Rendered January 12, 1994
the existing nonconfoLming footprint. The dwelling is presently
occupied as a single-family unit although the applicants assure
the Board that this structure contains three usable kitchens
which may easily be occupied by three separate housing units.
This dwelling structure is in very good condition, hoWever, two
of the three units are in deteriorating condition. Also, the
existing building is on posts, without a foundation, and needs
other further improvement structurally. A copy of a rendition
has been submitted for record purposes by the applicant, as
prepared by their architect, for the new, enhanced style of the
subject premises. The dimensions of the subject building as
shown on the Town's assessment records~is approximately 1,002
square feet, inclUSive of porch area.
4. The setbacks of the dwelling, as shown on the surveys
submitted with this application, are close to the westerly
property line (along the stone right-of-way) and over the
property line approximately one foot in the right-of-way of
Village Lane.
5. The Notice of Disapproval issued by the Building
Inspector is based on the following grounds:
"...A nonconforming building containing a non-conforming
use shall not be enlarged, reconstructed or structurally altered
or moved unless the use of such building is changed to a conform-
ing use." Article XXIV, Section 100-243A. Action required by the
Zoning Board of Appeals .... "
6. It is noted that the use of the subject building is and
will remain one-family instead of three-family; therefore, the
nonconformity of this particular building's use is removed.
Therefore, Section 100-242B shall apply (concerning other
nonconformities and setbacks).
7. Other relevant technical info£mation considered in this
project are also noted below:
a) The property in question is located in an A-7
Flood Zone which requires 'aminimum elevation of nine (9) feet
above mean sea level for the lowest floor, or utilities;
b) The area between the dwelling and Orient Harbor is
a concrete sea wall ~d right-of-way which extends north to
other lands;
c) The subject building over the last couple of years
has been utilized for single-family occupancy, although there
has been interest received from prospective tenants to occupy
all three units;
Page ll Appl. No. 42~9
Matter of WILLIAM MATASSONI & PAMELA VALENTINE
Decision Rendered January 12, i994
d) It is noted that the height limitations of the
zoning code will be complied with: the height of the building
is confirmed to be 23'2" from grade plus a 7' high cupola, and
the footprint of the dwelling foundation will remain at
approximately 24 by 44 feet (23'6" x 43'7" including porch
area), as confirmed by the architect;
e) The square footage of the building is not proposed
to be increased by this application;
f) The subject building is known to be more than 100
years old and in good, usable condition;
g) Both dwellings on the s~hject premises preexist
the 1957 Southold Town Zoning Ordinance;
h) The property owners have assured this Board that
they will obtain SUffolk County Health Department, N.Y.S.
Department of Environmental Conservation, and Town Trustee
approvals, as apply to this project.
8. In considering this application, the Board also finds:
(a) that the relief as requested with little or no
setback from the property lines is adverse to the general safety
and essential character of the neighborhood;
{b) that alternative setbacks, increased to 2+- feet
(18-24 inches) will be more feasible and will not be adverse to
the essential character of the neighborhood under the
circumstances;
(c) that alternakive setbacks of 2+- feet to the
property lines will not in turn be adverse to the safety,
health, welfare, comfort, convenience or order of the town, or
be adverse to neighboring properties;
(d) that this project will virtually eliminate a
nonconforming, thre~-family structure and allow a conforming use
to exist whidh does not increase dwelling ~t deU~it¥ or cause
a substantial effect on available goverr~mentat fa~ilities;
(e) that the relief cannot be obviated by another
method feasible to appellants to pursue, other than a variance;
(f) that the difficulties claimed are uniquely
related to the property and are not personal in nature to the
landowners;
(g) in considering all of the above factors, the
interests of justice will be served by denying the relief as
Page 12- Appt. No. 4209
Matter of WILLIAMMATASSONI & PAMEI~A VALENTINE
Decision Rend0red January 12, 1994
requested, and granting alternative relief,
noted betow.
as conditionally
Accordingly, on motion byMember Wilton, seconded by
Chairman Goehringer, it Was
RESQLVED, to DE~Y a variance for the reconstruction and
replacement of an existing dwelling with little or no setbacks
(as exists in the established footprint); and BE IT FURTHER
RESOLVED, to GRANT alternative relief for the
reconstruction and replacement of the existing 100+ year old
dwelling structure for single-family use and occupancy, PROVIDED:
I'. The dwelling setback and footprint be increased to
approximately two feet {18-24"} from the property lines at its
closest points (exclusive Of overhangs);
2. Ail other agency approvals, as appropriate, be obtained
before commencing constrUction activities, including the Suffolk
County Department Of Health Services.
3. The use and occu~pancy of the dwelling remain
one-family, as exists and'is proposed herein.
Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton
and Goehringer. (Member Doyen of Fishers Island was absent due
to illness.) This resolution Was duly adopted (4-0).
Page 13 - Minutes
Janoa~y,"12, 1994 Regular Meeting
Southold Town Board of Appeals
HEARINGS FOR NEXT MEETING: On motion by Chairman
G~ehringer, Seconded by~Mew~er Dinizio, it was
RESOLVED, to advertise new applications, which have been
filed on or before the Legal Notice submission deadline
(January 25, !994)~ for Public HearingS to be held at this
Board's next Regular Meeting, WEDNESDAY, FEBRUarY 2, 1994. The
next five applications-filed with the Board of Appeals ~d
advertiSed~are:
%. 7:32 p.m. Appl. No. 4210 - STEPHEN T. VESEY and
CHERYL SCHLITT. Variance to the Zoning Ordinate, ArtiCle
100~30~3'for the existing location ~f a deck
'~ A portion of the deck encroaches in the
side yard. The struCtUre~ whidh~has existed~
is al
2105 East ~arion ~f; County Tax Map Parcel
No. 1000'37~3-~ contains a lot area of
8,638+- sq. ft. the R-40 LOW-Density
Residential zone~Distr~t.
2. 7: N~. 4211 - MARY HOLLAND~ to
I91I~
is
Of street~ ' Lot
~ iOta'depth lot
~Iong~ ~ si~el-0f jaCksOn"~
S~Uth~tdJ~ EaCh will~c~ntai~~
dwel~ingand acce
noted~on the Pre'EXisting
e
feet
· To of
are'
~ NCl Z-22830.
7:40 p,m. No. 4161 - BARBARA KUJAWSKI. Request
' th~ owner {OWner~occ~pancy~ and subjeet to
ArticleIII.. Section 100-31B(t4). Location House
No'. 125 (per Town Records)'atthenorth side0f S~und AvenUe
along Sound Avenue, Mattituck,~NY; county Tax Map Parcel No.
Page lA Minutes
Southotd Town Board of Appeals
Regular Meeting of Januar~ 12, 1994
1000-120-1-2.2. This property consists of an area of 40,241
square feet and is located in the AgricUituraI£Conservation
(A-C) Zone District.
4. 7:45 p.m. Appl. No. 4212 FRANK B. ZIMMER.. Special
Exception under. Article III, Section I00-3tB{12)' for permission
to establish new Horse-Riding Academy. Location of Property:
29525 Main Road', Orient, NY; County Tax Map Parcel NO. 1000~13-
2-7.8. The subject prOmises contains i7.54acres loCated in the
R-80 Zone District, is presently improve~With barns and
-utilized as a horse fazm.
5. 7:50 p.m. Appl. No. 4213 - IRWIN and AGNES FRICK.
AppliCation for a vari~nCe to the zoning~Ordi~mnce, Article
IIIa, SeCtio~ t0~-30A. 3 (and Section 10~7244B pertaining to
substandard lot sizes) for permi~si6n toconst~ addition with
a reduction in the ~nimum setback ~ the s~utheily si~e ·
The existing· setback is sho~n to'be
and the addition is proposed to extend 6-1 feet fr°m the
existing dwetlingStru~-ture~ Sectioh iQ0~244B re~ires a
minimum 10 ft. setback; applicant proposes a five-fOot
setback. This Parcel of land basra ~total lot area of 13,940+-
square feet and is located in the R-40 Low-Density ReSidential
Zone DistriCt. Property ID: 1935 W~stview DriVe, Mattituck,
NY; County Tax Map District 1000, Section 107, Block 7, Lot 5.
Vote of the Board: Ayes: Ail.
COMMITTEE MEETING$ UPDATE: The following was noted for the
Board Members for January' and upcOmingMonths in t994:
Planning & Zanin~~- No meeting dates have been calendared.
Code Review Meetings - No meeting dates have been
calendared, as yet.
copies of Calendars ha~e been distributed to ZBA Members
for the Months of january and February'(as updated thiS date).
SEQRA: The fotlowing~T~pe II Actions are listed for
~ecorded purPOses. (N°~ further proCeSsihg is required due to
heir nature as SetbaCk Or t0~Ltine variances).
Appl. No. 4210 - St~ven Vesey and Cheryl Schlit
Appt. No. 4207 - Frank ~. Hetzer
~ APPt. No. 4211 - MarY Holtand
Appl. No.~ 4209 - Pamela S. Valentine & William Matassoni
Page 15- Minutes
~Sou~hotd Town Board of Appeals
Regular Meeting'of january 12, 1994
"AS BUILT" PROJECTS:
Board Members Villa and Dinizio
in the appeal process is submitting a written applickti0nfor a
Notice of Disapproval which'does not require the Building
Department's inspectionof the site. (Although most applicants
admit %hat their situati°~may already exist d~eto error of the
previous owner, etc., it maybe necessary in the futureto
request earlier inspections by either a ZBA Member or Building
InSpectOr (prior to advertising the Legal Notice) to determine
whether or not a~fewprojects are existing ~ particularly for
uses such as accessory apartments, etc. (For inside projects a
consent Will be necessary from the property OWner.)
P~EQUEST FOR R-O-W INSPECTION: The B~ard Members were
informed that Richar~Corraz~ini, contractor for 'Beck% johnston,
has today Submitted a memo for the record %O'show the type and
extent of materials placedOn the private right-of-way locate~
off the North Side of Oregon Road, Cutcho~vde~-as it extends in
an east-west direction at the northerly end. A ~inal
inSPection has been requested by-Ms. Johnston by the Z.B.A. in
Order that she may return to the Building Department and obtain
he, final Certificate of Occupancy
There being no other business properly coming before the
Board at this tim~, the Chairman declared tbs meeting
adjourned. The meeting adjourned at approximately 9:30 p.m.
Respeetfulty submitted
Board of Appeals