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HomeMy WebLinkAboutZBA-04/06/1994APPEALS 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, APRIL 6, 1994 7:15 p.m. Work Session (Reviews only - No action taken) 7:30 p.m. Call to Order by Chairman - Regular Session A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 6, 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 Dinlzio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Laury Dowd, Town Attorney (7-8 p.m.) Linda Kowalski, ZBA Clerk-Secretary I. The following matters were held for PUBLIC HEARINGS. Please also see verbatim transcript prepared under separate cover and l~Lled simultaneously with these Minutes for actual statements and discussions. ) 7:32 p.m. Appl. No. 4221 - ARTHUR BURNS. This is a request for a variance based upon the March !, 1994 Notice of DiSapproval ~rem the Building Inspector concerning a building Permit application for fencing around the existing tennis-court, which height exceeds the requirements when located i~ a front yard; ref. Article XXI/i, SeCtion 100-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1000-105-1-4. Zone District: R-80 Residential. Mrs. Bernadette Burns appeared in .behAlf of her husband's application. Following testimony, the Board took the following action: Page 2 - Appl. No. ~12zl Matter of ARTHUR BURNS Decision Rendered April 6.~ WHEREAS, after due notice, a public hearing, was. held on April 6, 1994, at which time persons: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, Bbard Members have personalt.y 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. By this application, appellant requests approval-.of the placement of a fence located within and along the 'front.yard areas at a total height of nine feet, and encompasses the exis'ting 60. ft. by 120 ft. tennis court. 2. A copy of a map has been submitted with this application which shows the following improvements: (a) preexisting one-story, single-family dwelling with screened-in porch and wood decks, all situated at the northerly one-half of the premises; (b) 60' by 120 ft. tennis court structure inground swimming, pool structure with brick patio; (c) 9 ft. wide asphalt driveway extending from the southeasterly corner of the premises to a private right-of-way. 3. Article XXIII. Section 100~231 of the Zoning. Code permits fencing to be situated in a front yard'area at a height of four feet or less. [Fences along the side and rear-yard' areas, are Page 3 - Appl. No. ~2zl Matter of ARTHUR BURNS Decision Rendered April 6.~ permitted at a height up to 6-1/2 feet.) Also. it is noted for the record that Section 100=33C of the Southold Town Zoning Code. applicable to all residential zone, districts, provides "...in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard. provided that such buildings and structures meet the front-yard setback requirements as,set forth by this Code..." 4. It is the position of the Board, in considering'- this application that: (a) the property is uniquely, situated at the westerly end of a private right-of-way (referred to as Private Road.-#13). which establishes the front yard area. and.is a waterfront parcel; (b) the circumstances are directly related to the layout of the property and are not personal..to the landowners; (c) the relief requested is not substantial.; the tennis court is set back greater than the requirement for a principal dwelling - quite distant from the front property line. and the zoning code does-provide for buildings up to a height of 18 feet from ground.level in the same.front yard area; (d) there will not be an undesirable,, change in the character of. the neighborhood or detriment to nearby .properties; (e) the relief requested will not cause, a substantial effect on available gov. ernmental facilities since the structure is a fence as a necessity to the tennis court; (f) the difficulty was not se[f-created; (g) there is no alternative for appellants to pursue other.than a variance; (h) in considering all the above factors, the variance will not in turn be adverse to the safety, health, welfare, comfort-. convenience, or order of the town. be adverse- to neighboring properties, or alter-the essential character of the neighborhood since there is other '(natural) screening at heights above fou~ feet near the area of this fence; ACCORDINGLY. on motion by Member Wilton. seconded by Chairman Goehringer.. it was RESOLVED. to GRANT a variance as to the height of fencing around an existing 60 ft. by 120 ft. tennis court structure as built Page 4- Appl. No. u~221 Matter o[ ARTHUR BURNS Decision Rendered April 6. 199u, and shown -on the~map~ su,bm~tted~ for consideration; pFov~ded that the fence height 'not exceed. 10 feet above-,q!~ecund_tevet. Vote of the Board: Ayes,: Messrs. Doyer~. Dini, zio. Wilton; Villa and Goehringe~-.~ This .resolutio~ was duty .adopte~. OTHER/UPDATES: The following other matters or committee meetings were updated, as noted ~ Code Review MeetinK (none scheduled as of today). New applications for Inspections and Updates prior advel~tisin~ for May 4, 1994: Application of Application of Application of Application of Application of Application of Application of Applicationt of Application of 1. Applications of Dr. and Mrs. Alex Boukas 2. Application of Claude Sher 3. Eleftherious Pappas and Others 4. Thomas Palmer and Joan Gibbs-Palmer 5. Kim Fallon and Cynthia Sutryk 6. Thomas Puls and Donna Ricco 7. Alex and Marion Wipf 8. Jon C. Kerbs 9. Thomas Kelly (carryover) 10. Kim Campbell ll. Robert E. Bidwell 12. Application of Robert Peliigrini 13. Application of John Stripp (setback of house) 14. Application of John Stripp (pool location) Page 5- Minutes Regular Meeting of April 6, 19~4 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:35 p.m. Appl. No. 4218 JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1000-7-2-9. Stephen Ham, Esq. and Mr. Stripp appeared in behalf of their application. (See lengthy statements made during hearin.) Following testimony, motion was made by Chairm~n Goehringer, seconded by Member Wilton, and duly carried, to recess the hearing, as agreed, until May 4, I994. There were no objections to thi.~ resolution. This resolution was duly adOpted. 7:40 p.m. Appl. No. 4220 - JOHN E. ~STRIPP and JUDITH D. STRIPP. Thi.~ is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimmingpool with enclosure in a front yard location; ref. Article III, Section 100-32 of the Zoning Code. Location of Property: Private Road off East End Road, Fishers Island, NY; County Parcel ID 1000-7-2-9. Stephen Ham, Esq. and Mr. Stripp appeared in behalf of their application. (See lengthy statements made during hearin.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Wilton, and duly carried, to recess the hearing, as agreed, until May 4, 1994. There were no objections to this resolution. This resolution was duly adopted. 8:00 p.m. Appl. No. 4222 CINDY BENEDETTO. Thi.~ is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of ex~sting dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and is located in the R-40 Residential Zone District. Linda Bertani appeared in behalf of this application. Following testimony and questions, the following action was taken: Page6 Appl. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6. 1994 ACTION OF THE BOARD Appl. No. 4222: Upon Application of CINDY BENEDETTO. This is a request for a variance based upon the Building; Inspector,s March 4. 1994 Notice of Disapproval concerning.., a building permit application for an addition at the rear of existing dwelling~ which wiJI be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIIt. Section 100-239.~B. of the Zoning- Code. Location of Property: Lot No. 61- at Cleaves Point. Section t11; 910 Mapl~.,.Lane. Greenport. NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and-is located in the R-40~ Residential Zone District. WHEREAS. a .public heari:ng was. held.on-April 6. 199~. at which time all persons who-desired'-to~ be-heard were heard and their testimon y recorded; WHEREAS, the Board has carefully conside~ad al~-.testimeny and documentation submitted concerning-this-applicatior,~; WHEREAS, Board Members have personaH~r viewed and are familiar, with the premises in question', its present zen:lng, and the surrOunding areas; and WHEREAS, the Board. made the ,fotlow[ncj~:findings ,of,.fact: 1. By this application, appellants seek a variance under Article XXIIi. Section 100-239;~B o~ [he Zoning Code for a ,proposed 16' × 22' additiorr, allof which is requested to be set back 48 feet. at its closest point, to. the existing, bulkhead. (Also shewn-on the survey is a concrete patio at, grade., which has not, been-disapproved by the Building: Inspector for ZBA-consideration in. this-variance application since certain types of concrete or brick patios, at natural:grade-nor, mally do not require ,build~n§-permits. ) 2. The premises~ in question is identified on the- Suffolk County Tax Maps-as District 1000, Section 35. Block 5, Lot 61 and is known and referred tQ as. Lot 60 on the "Map of. Cleaves' Point, Section' II1." This parcel, is substandard in size containing a total lot- area of 12,080 sq. ft. and frontage along Maple Lane of 100.0 feet. Page 7 - Appi.. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6, 199~ 3. This parcel is presently improved wi,th an one-stor-y frame dwelling built in 197-6 under Permit-, No. 8337Z_ and. is more par~Licularty~shown on the survey ~dated M~¥.7. 199-2 with setbacks at: (a) 35 feet from the ,front proper~y line; (b) side-yards,of, 13.6. feet and 10+- feet. lc) rea. F yard- at greeter~ than.- 6L~ feet between the foundation and.-the-bulkhead; 4, During,- March 1985, the Town of $outhold-enacted "Local~ Law ~Lt-1985;' pertaining~ to. bui.ldi~g setbacks from-water bodies, and on May- 17, 1988, enacted~ Local law. ~15-1988~, pertaining~ tot setbasks from-bulkheads --(prey-; Section 100-119,2B), 5. Article XXIII. Section 100~239.~B. as re-nambeFed on Janu- ary 10. 1989. provides that all buildings and~ structures located on lots upon which a bulkhead, concrete watt, ri p-rap or sirnit.ar~ structure exists and which is adjacent to tidal, wate~~ boctfes other than the Long Island Sound be-set_ back not less than se~/e~ty-fi've (75) feet. 6. It is the position of the Boaed that the amount of relief ~equested fo~ the proposed. :[6 ft. set-back reduction from the bulkhead is approximately ~5 percent, although~whe~ considering: the propesed setback in relation to~ the 75-ft. requirement~. the ret[ef is substantial; 7, In view[ng~ the history of- permits and-existin(3, buildings ,in neighborhood, the following, information-was-found [preexisting ot~ the subject code provision unless otherwise-noted below): a) Lot ~38,1 - setback 59~- feet from the closest' bulkhead; b) Lot ~¢3~ - 50+- ft, to outside .edcje~of bulkhead; c) Lot ~33 60+--ft, to- bulkhead/Dawn lagoon d) Lot #28 - 50 ft, to. bulkhead (variance obtained' in 1986) e) Lot #20 50+- ft; to bulkhead f) Lot ~1-7 - Lt2 ft. to bulkhead {1977) g) Lot #16- 40 ft. to swimming'pool; 30.ft; to. de~k; h) Lots ~27 a~d-~37 are also under, consi~leration~this evening for simitar-~, re[~ef~,~ 8,. It is also-the position of this Boated that in considering. this application: Page 8 - Appl. No. 4222 Matter of. CINDY BENEDETTO Decision-, Rendered April- 6, 199q, (a) due. to the. substandard!~- size of the'. property and considering the-esta,blishe~ setbacks in. this watera~ront community, the relief~ granted, w~th restrictions, is the minimum, neCessar~y-to afford- relief~ and- the~e ~- is no other-, alternative~- available, for appellants to pursue-~othe~;~than: a variar~e; (b) the relief, as aiter~ativety.-granted, is sim.i~ta~- to those gene~aity.existing in the neighborhood, as-noted in pa~a- graph 7, supra; (c) the difficulties claimed are ..uniquely related~ to the property and-are not personat~ in nature to. the ~lar~downe~s; (d) the relief¥ as. alte~nat:rve[y~. granted and noted below~ would- not in turn be adverse to the safety, hee[th, welfare, comfort; convenience or order, of the town and nei~jhboring~praperties; (e}. in view'of all the above~, the-interests 'of justice will be se~vec~ by denying, the relief-- as- requested and- granting relief., noted further- below. Accordingly. on motion by Chairman-Goehringedr. seconded .by Member 'Din~zio. it was RESOLVED. to. GRANT a va~iance..~-for a proposed 16 ft; by 22 ft. additi°n~at- a set-ba~k of: not- less than'~48 feet~-.from the bu[Ehead (which shoutd~ be. inclusive of~-any raised~ deck-or step~ areas~), and provided further-~that the..proposed~ patio/terra~e.a~e~be-ope~ and unroofed, and, level.., w~th the g~ourld~ as propose~L Vote of the Board: Ayes: Mess~s. Goehringer. Doyen. Dinizio. Wilton and Villas. This resol,ution wes.duty actep~ced. Page _9- Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:05 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from all property lines, ref: Article X/X,. Section 100-91(c), Article XVIII, Section 100'81-C(2a) of the Zoning Code. Zone District: Hamlet Business. Mrs. Gasser spoke in behalf of her husband's application. Opposing and speaking in behalf of the northerly adjacent property owners (Ammaratti's) was Carmelia Borelli, Esq. After numerous statements, further testimony, and questions, motion was made by Chairman Goehringer, seconded by Member Wilton, to close the hearing, pending receipt of clarification by Building Inspector Gary Fish concerning the issues raised for other possible noncompliance at the site. This resolution was duiy adopted, with the understanding that Members Dinizio and Vill~ opposed the closing of the hearing until the~ssu~ of other alleged noncompliance was resolved by the Building Inspector or otherwise acted upon. 8:30 p.m. Appl. No. 4223 - DONALD BREHM. This is request for a variance bas~ upon the Buil~p~ a March 4, 1994 Notice of Disapproval concerning a building permit application for a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon; rof. Article XXIII, Section 100-239.4B of the Zoning Code. LOcation of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section I/I; 1010' Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-27. The subject premises is substandard and :is located in the R-40 Zone DiStrict. Linda Bertani appeared in behalf of the applicant. After receiving testimony, the hearing was closed, pending deliberations at a later time. 8:40 p.m. 4226 - is a ~ based March 10, nf concerning a 75 feet Of ¥. This 100- Road, at Nassau l~oint, containing 1.54 acres. Nancy Steelman appeared in behalf of the applicants. After receiving testimony and asking questions, the beard recessed the hearing until May 4, 1994, pending a response from the owners as to whether or not they would accept alternative relief to locate the proposed, building further away from the bulkhead. The hearing was recessed, as agreed. Page 10- Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:46 p.m. Appl. No. 4224 - THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 1994 Notice of Disapproval concerning a budding permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest unit by moro than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article III, Section 100-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's March 14, 1994 NOtice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; rof- Article XXIII, Section 100-239.4B of the Zoning Code. Following testimony and asking questions, Board Members requested that the proposed pool be staked for a second inspection tentatively for Satur:.day, April 16, 1994 at 10:00 a.m. On motion by Chairman Goehringer, seconded by Member Dinizio, the hearing was declared closed, and decision reserved until a later date. 9:05 p.m. Appl. No. 4225 - RICHARD AND iDOLOI~ES PRINCIP~. This is a request for a variance based upon the B~ding. InSPector s Mar~c.h ..2, ?94 iN6ti..ce o~f Disappr,Val concerning a 'bui~d~g permit appncauon To relocate a dwelling structuro within I00 feet Of ~he L i Sound bluff; ref. Article XXIII, Section 100-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1000-74-1-35.52. Mrs. Princip~.i; appeared in behalf of her application. Following testimony, the hearing was declared closed, pending deliberations at a later t~me. (see Meeting of May 4, 1994). A four-minute recess was taken at thig time. The meeting reconvened at 9:20 p.m. and public hearings continued. Page 11 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 9:20 p.m. Appl. No. 4228 - VICTOR and GAIL RERISI, ~n contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which will be within 75 feet of the bulkhead near Gull Pond; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Map of Section Two at Cleaves Point, filed Map No. 3521; also known as 800 Snug Harbor Read, Greenport/East Marion, NY; County Parcel ID · 1000-35-5-37. Extensive testimony and questions were given; and at the end of the hearing, the following action was taken: WHEREAS. a public hearing, was held on April 6. 1994. at. which time all persons who desired to be heard--were heard and. their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 macie the following.findings of fact: ' 1. By thi~ application; appeliants seek-a variance under-Article XXIII, Section 100-~39.4B-of. the Zoning COde for the location of a proposed new dwelling, the most northerly portion of which will be located at! less than the required 75 feet from the closest bulkhead. The proposed dwelling includes a proposed deck extension to be set back 35' feet from the nearest bulkhead lin the cove.of this lot). The foundation~ of the Proposed dwelling is requested .at. 53 feet from the closest bulkhead, and 115+- feet from the furthest bulkhead-- along the highwater mark of Gull Pond, all. a~ more particularly shown on the survey map prepared by Roderick-VanTuyl~ p.'C. amended March 14. 1994 for the applicants. 2. The premises in question is identified on the.Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 37, and is known Page'2- Appl. No. 4228 Matter of 'VICTOR AND GAlL RERIS! Decision Rendered-April 6. 1994 and referred-to as Lot No. 34 and part of' 33 on the Map of Cleaves Point. Section Two." This parcel-: is substandard-in size containing a total lot area of 26,500+- sq. ft. and frontage along- the southwesterly side of Snug-Harbor-Road of 150.0 feet. 3. This parcel is presently vacant-. It is noted, .however, that a Building Permit was issued. April 14, 1969 'under No. 4243Z to Carl Schaefer- for a storage building and/or boathouse., (There is no record of a Certificate of Occupancy, although it was built and assessed for $200 during May 1978, upon information furnished from the Southold Town Assessors'. Office. ) 4. For record purposes, it is also noted that in March 1985, the Town of Southold enacted "Local Law. #~t-1985" pertaining, to building setbacks from water bodies, and on-May 17, 1988, the Town Board enacted Local Law ~15-1988 pertaining to setbacks from bulkheads (prey. Section 10Q-119.2B). 5. Article XXlll, Section~100~239.4B (as .re-numbered- on January 10, 1989 under the ~aste~ Plan revisions) continues, to require that ali buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or simila~ structure exists and.,which are adjacent to tidal water bodies other than the Long Island-Sound, to be see back not less than seventy-five {75) feet. 6. In viewing, the history of permits and~ existing, buildings in this waterfront community, 'the following information was found {preexisti0g of the subject- code, provision unless-otherwise noted below ): · a) Lot #38.1 - setback 59+- feet from' the closest bulkhead; b) Lot-~34 - 50+- ft. to. outside edge~of, bulkhead; C) Lot #33 60+- ft. to bulkhead/Dawn.lagoon d) Lot #28 - 50 ft. to bulkhead (variance obtained in 1986) e) Lot #26 64 ft. to house now; 50+- ft. to deck f) Lot ~20 - 50+- ft. to bulkhead g) Lot #17 -42 ft. to bulkhead (1977) . h) Lot #16 - 40 ft. to swimming.pool; 30ft. to deck. Page 13- Appt. No. 4228 Matter of VICTOR AND GAlL RERISI Decision Rendered April 6, 1994 i) Lots ~¢26 and ~¢27 are also under consideration this evening for similar relief-. 8. The Board of Southold Town Trustees has also issued a Wetland-Permit No. 4300 to the applicant(s) herein; with conditions~ dated March 25. 1994. 9. It is the position of this Board that in considering this application: (a) the relief requested for a setback at 35 feet is not the minimum necessary to afford relief-, and there is an alternative available, as noted further, to increase the setback for the deck and/or relocate the building-envelope; (b) the relief, as alternatively granted, is similar to those generally existing in the neighborhood, as noted above; (c) the difficulties claimed are uniquely related to the property and are per, sonal in nature to the landowners; (d) the relief, as alternatively granted and-noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring, properties.; (e] in view of all the above, the interests of justice will be served by denying, the relief as. requested and granting alternative reliefs- noted below. AcCOrdingly. on motion by Member Villa. seconded by Member,.Dinizio. it was RESOLVED, to DENY the relief, as requested, and to GRANT ALTERNATIVE RELIEF for a setback at' not.'lens than-44 feet f~ closest point between the proposed deck at-the northerly end of the proposed dwelling and the ,closest bulkhead (within this lot's alcove)-, provided that the distance from the bulkhead along: the ordinary, and highwater~ mark-of Gull Pond be greater than 85' feet at, its closest point. (Note: These.setbacks shall include all, step areas. ] Vote ~f the Board: Ayes: Messrs. Goehringer. Doyen. Dinizio. Wilton and Villa. This resolution was duly adopted; Page 14- Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 9:43 p.m. Appl. No. 4229 - FRANK R. ZALESKI. :This is a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming lot area, width and depth; ref.: Article XXIV, Section 100-244 of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID' 1000-115-13-15. Zone District: R-40 Residential. (A written transcript of the statements made during the hearing has been prepared under separate cover, and is attached for reference and convenience purposes.) After testimony was received, the following action was taken: WHEREAS, a public hearing was held on April 6, 1994, at which time. those who desired to be heard were.-heard and their testimony recorded; and WHEREAS, the Board-has carefully consideeed all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familia~ with the premises in question, its present zoning, and the surrounding aceas; and WHEREAS. the Board made the following Findings of Fact: 1. By this application, applicant seeks a determination under the Zoning Code that the subject premises-comp.~i-es with the lot area and width regulations ~- of the. zoning code app[icable, to the Low-Density Residential Zone District for single-family residential use, 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-115:-13-15 and is located along the westerly side of Theresa - Drive, Hamle~ of Ma[tituck. 3. It is noted.for the record that: (a) the subject land. and the adjacent lands, have had several conveyances since 1943. as, shown on the sincjle-and~separate search dated December 7. 1993. submitted with this application; 15age 15 Appt. No. 4:~29 Matter of- FRANK- R~ ZALESKI Decision Rendered Aprit 6.~ 1994 {b) the lands contiguous and' immed'iatel¥ adja~ent to,: the subject lot are shown on the Suffolk County Tax--Map.as.Lets 10. 14 and. 16~ 4, A survey prepare~ for Frank, R. Zalesk[ May.2. 1985. by Roderfck VanTuyl. P.C. has been submitteci und~J~ this-appfica~ior~. which depicts 10Q ft. (tot width) frontage~ale~g..The~esa Drive. lot depth along the northerly side pro13e~ty line of,~ 183.10 ,feet. and total lot area-of 20.020 sq,. ft. 5. For record purposes-the following add~tionat,,= informe~ion is furnished.: (a) during January 1965. the zoning requirement was a minimum, lot area~ofL 12.50G sq. ft.; this pa~cef.-existed as-Lot Ne. 11 as shown on a certain~ map- entitle~. "Map of Deep Hole Creek Estatas~- as Map No. u~2-56, an:d conformed, to the zoning ~equ iremeRts; (b) during 1971. the Southold~Town Zoning~ requir~e~- was changed from 12.500. sq. ft. to, a minimum, of ~G~001) sq. ft.; this Io[ was.-found to~ remain~-singie~an¢~ separate during this time..pe~ioct~ wi,th a ~substanctar~ lot a~ea~ of 20.020 sq.. ft.. lot width at, 100 feet. (c) during ~ 1983. the ~Southo[d~:Town ~-Zoni~j;~ requirement- was chan~je~ from Lt0.~00O~ sct. ft. to. a minimum o[, 8G. 000, sq. ft. in a~ea. 175 ft. lot width, and 250 lot depth; this lot remained singte~and~.sepa~te a~ a nonconforming substar~da~d~vacant~ Io~; on Janua.!~y 10, 1989. was~ size' requ~,rement~ ~ ~1~, O01~ in~ in width, and~ 175.0. ft. in d~ ownership:, This Iot~ was in , surviving tenan~t co~ow~e~ of: County Pa~cel:~ No. 10~ of Lot 15. on [. 1993. a-.one-hatf~ i~ was. conveyed by Zal es~i. fro ~ wi~e. No~., 10 ppHcant as~. sUr~viving:.* tenar~t* to. Johanna Ma~y 6~ For the .abov~ reasons:~ it is determine~ and found that~ the owners have adequate[¥ pr~ver~ their intent-to~ keep- the lots in single and~s~ate oWne~ship~ and its existe~ce ,,, under zonin9 is confirmed ar~t ,.recognized as.,a sing..~_,~.and.~ separate, lot. Page 16 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals (Zaleski decision, continued:) Accordingly, on motion by Member .Wilton, seconded by Member Dinizio, it was RESOLVED, that the subject parcel, identified on the StLffolk County Tax Maps as No. 1000-115-13,15, presently owned by Frank R. Zaleski, be and hereby is CONFIRMED and RECOGNIZED as a single'and-separate lot, provided that at the time of an application for a building permit to construct, or other activity, aH Setback, zoning (with the exception of lot area, width and depth), health department, and other department/agency permits are obtained in accordance with the rules and requirements pertaining to that project or activity). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS: The following matters were noted as being Type II Actions under SEQRA which do not require further processing or coordination reviews: Appeal No. 42~3 - Donald Brehm Appeal No. 4112 -.Arthur Burns Appeal No. 4222 - Cindy Benedetto Appeal No. 4227 - William Gasser Appeal No. 4224 - Thomas and Roby Gluckman Appeal No. 4226 - Thomas and Joan Kelly Appeal No. 4225 - Richard and Dolores Principi Appeal No. 4228 - Victor and Gall Rerlai Appeal No. 4229 - Frank R. Zaleski Appeal no. 4220 - John and Judith Stripp Page 17 - Minutes Regular Meeting of April 6, 1994 Southold Tow~ Board of Appeals UPDATE]RENEWAL INQUIRY: Appeal No. 4063. Board Member(s) inquired as to whether or not a request was received by the applicant-owner, PETER PIZZARELLI pertaining to submission of an annual renewal letter and confirming the status of the use of the existing accessory building (occupied by his mother who is 90+ years old. ) It was noted that a reminder should be sent to Mr. Pizzarelli to send his yearly renewal request. The Board Secretary said she sent a reminder to Mr. Pizzarelli upon receiving a verbal inquiry from Lydia Totora and that his letter was expected in a day or two. FEES: FOR LOT MERGER REVIEWS (Merger Analysis) OR LOT-LINE CHANGES ;WHEN LOTS ARE LEGALLY AND DISTINCTLY SEPARATE: The Board Secretary mentioned that the present fees for variances pertaining to lots which are undersized and may require a ZBA determination as to whether or not they are acceptable is presently $400.00 when using the fee schedule in the Code. The Board Members determined that $400.00 is appropriate for reviews referred by the Building Inspector in the form of a Notice of Disapproval; however, the fee would be permitted to be reduced to $150.00 when a title-in.~urance company search is furnished by the owner or his agent for the subject lot and all contiguous lots dating back to 1957 is provided showing the ownership and periods of time. It was also noted that the an~lyals was just that - a review - and not a subdivision or re-separation of merged lots. If the lots were found to be merged, and not single and separate, then an additional ZBA application would be required established at $600.00 for two lots having insufficient lot area and]or width, in addition to the merger analysis action, if the owners chose to pursue the project further. HEARINGS FOR NEXT MEETING: On motion by Chairman Goehringer, seconded by Member Dinlzio, it was RESOLVED, to set the following matters for public hearings~ to be held at the Board's next Regular Meeting on WEDNESDAY, MAY 4 1994, and BE IT FURTHER ' RESOLVED, that IAnda Kowalski be and hereby is authorized to prepare and publish Notice of the following hearings at least five days prior to the date of the hearing as required by law: 1. 7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a request for a variance under Article XXIII, Sectio----~ 10--0-~, ~)ased upon the April 7, Page 18 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 1994 Notice of Disapproval from the Building Inspector for a building permit to er~.ct fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; CountyTax Map Parcel No. 1000-87-1-21. 2. 7:33 p-m- Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21 which will ex yard. Loca Tax Map Parc -3. 7:35 p.~ This is a req based upon t: of two subste and as prop, Drive, Mattitt , 1992) for a permit to construct fence/gate and gate post ~eed four-ft, height requirement when looated in the front Lion of Property: 68755 C.R. 48, Greenport, NY; County el No. 1000-33-5-14. · Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. uest for a variance under Article IIIA, Section 100-30A.3, le March 2, 1994 Notice of Disapproval for a lot-line change ndard parcels, having insufficient area and width as exist ~sed. Location of Property: 2140 and 2200 Deep Hole .ok, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m This is a xq based upon construct ac( Property: 3: Parcel 1000-gd . Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. ;quest for a variance under Article III, Section 100-33, :he April 4, 1994 Notice of Disapproval for a permit to essory, building in the front yard area. Location of !00 Soundview Avenue, Mattituck, NY; County Tax Map -2-5. 5. 7:45 p.m. Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request'~or a variance under Article VII, Section 100-71B(2) which .requires a lo~ area of 40,000 sq. ft. per Special Exception use category in the~ Re. si~entia?Office Zone District· The subject premises nonconrormm~ containing 21,051 sq. ft. in area and 97 width.' Location of Property:- 14695 Main Road, ~'t~ituck, County Tax Mhp Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. Tibia is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article III, Section 100-33 for permission to locate swilomlngpool with fence enclosure in an area other than the required rear yard or required front yard. LocatiOn of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Page 19 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. Thi.g is a request for a variance under Article III, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article IliA, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Carryover from last hearings calendar). 11. 8:10 p.m. Appl. No. 4203 - KIM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Read at East Harbor, Fishers 'Island, NY; County Tax Map Parcel No. 1000-4-4-16. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-31B(13) for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agrieuitural-Conservation, and is identified on the Suffolk County Tax Maps as 1000-96-4-4.3 containing 15.4+- acres. 13. 8:25 p.m. Appl. No. 4237 ROBERT PELLIGRINI. This is a request for an amendment to Special Exception NO. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar. ) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1000-7-2-9. Page 2 0 Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar. ) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen, Dinlzio, Villa and Wilton. This resolution was duly adopted. UPDATE: Appeal No. 4195 - PETROL STATIONS LTD. (Pending Application for insufficient area of proposed Lot #4 and one parcel proposed with three, or two, uses - as determined by the Owner and the Building Jn.gpector). A letter dated March 3, 1994 was recently received from J. Kevin McLaughlin, attorney for PetroI Station, Ltd. which read as foilows: ...Dear Mr. Goehringer: Please be advised that the applicant and the next-door neighbor ape still in the process of finalizing a plan acceptable to all, so that same can be submitted to the Southold Town Building Department for review and issu- ance of all necessary Notices of Disapproval. We would then be in a position to seek all necessary relief from your Board and to consolidate same with the pending application. Please hold the pending application in abeyance until all requests for relief can be consolidated. If you have any questions in this rogard, please feel free to contact me. CC: Petrel Stations, Ltd. Richard F. Lark, Esq... Very truly yours, J. Kevin McLaughlin The application was placed in abeyance pending further notification by the ' property owner as to his intentions with the subdivision project. UPDATE: Appl. of BIDWELL VINEYARDS for a Special EXception for a new Winery Use (as exists with modifications). The Board Secretary brought the Board Members up-to-date and confirmed that inquiries have been made as to whether or not the pavilion building is an accessory structure, or is it a part of the principal use being established in two separate principal-use buildings. Mr. Bayley, agent for Bidwell Vineyards, confirmed thnt the Page 2 i Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals pavilion building is to sell wine and furnish wine-tasting events. The remaining bnilding, which exists, would process grapes into wine. Both could be considered principal uses under the Special Exception by the ZBA. The Board agreed to address the issue after the hearing is held on May 4, 1994, and when it is time to deliberate rather th~u committing to a response at this time. PART-TIME CLERK-TYPIST: Councilperson Alice Hussie asked the Chairman to participate in the Interviews of Applicants for the Part-Time Position (which created a vacancy by Jane Ritter on or about January 7, 1994). The date for interviews was set by the Town Board to be April 12, 1994 at approximately 3:45 p.m. COORDINATION by other Departments: Copies of the following coordination letters were furnished to the Beard Members: Town Board - coordinating SEQRA on proposed Local Law in Relation to Formula Restaurants dated March 24, 1994. (No suggestions or comments were made at the meeting in this regard. ) Planning Board - response to ZBA coordination request Re: Bidwell Vineyards (winery proposal). No comments were made relative to site plan elements, however it was noted that the Planning Board confirmed they would proceed once the Specisl Exception action was t~ken and certification by the Building Inspector accomplished in meeting all zoning requirements. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 11:30 p.m. Respectfully submitted, ~oved - Gered P. ~oe~ge~ ~hnirman ~ ~