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HomeMy WebLinkAboutZBA-06/24/1994 SPECAPPEALS 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 M I N U T E S SPECIAL MEETING FRIDAY, JUNE 24, 1994 7:30 p.m. Work Session - File Reviews - No action was t~ken. 7:45 p.m. Special Meeting - Call to Order by Chairman A Special Meeting was held by the Southold Town Board of Appeals on FRIDAY, JUNE 24, 1994 commencing at 7:30 p.m. at the Town Hsll, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehr/nger, Chairman/Member James Dinizio, Jr., Member Richard C. Wilton, Member Linda Kowalski, ZBA Clerk and Secretary Absent were: Serge J. Doyen and Robert A. Villa, Members. I. REVIEWS/UPDATES]RESOLUTIONS: The Board Members reviewed the following new applications and scheduled same for on-site inspections: Appl. No. 4242 - CHARLOTTE SAGE JURGESON AND ORS. The Chairman indicated that the Board is requesting that the applicant prepare a Long Environmental Assessment Form and additional information to clarify the extent of the project proposed. Subject premises as been designated as a Critical Environmental Area and is a mandated Type I Action. Appl. No. 4250 filed 6/2/94 - HELEN and WILLIAM CHILDS. Application to locate Accessory Garage with insufficient Front Yard Setback from Peconic Bay Blvd. Calendar for public hearing to be held at next Regular Meeting (July 14th). Page 2 - Minutes Special Meeting of June 24, 1994 Southold Town Beard of Appeals Appl. No. 4251 filed 6/8/94 - MARILYN J. MORSCH. Variance for approval of existing deck with reduced sideyards at 630 North Sea Drive, Southold. (Inspection will be needed to eonfirm nature of construction as exists (for legal notice). Appl. No. 4252 filed 6/17/94 - M/M DENNIS BANNON. Request for deck addition/insuff, rearyard setback. Property fronts aionge three streets at 855 Mary's Read, Mattituek. 140-2-1 Appl. No. 4253 - M/M JOHN WISSEMANN. Corner lot along 580 S/s Clear View Read (and private ROW) at Bayview, Southold. 90-4-11.1 Map of Cedar Beach Park Lot Nos. 47 & 49 (combined). Request for accessory garage in front yard with reduced front yard setback to the location of existing buildings. Property is 43,500+- sq. ft. in area including wetlands. II. SETTING OF PUBLIC HEARINGS. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to schedule the following applications for public hearings to be held on July 14, 1994: Appl. No. 4250 filed 6/2194 - HELEN and WILLIAM CHILDS. Application to locate Accessory Garage with insufficient Front Yard Setback from Peeenic Bay Blvd. Appl. No. 4251 filed 6]8]94 - MARILYN J. MORSCH. Variance for approval of existing deck with reduced sideyards at 630 North Sea Drive, Southold. Appl. No. 4252 filed 6/17/94 - M/M DENNIS BANNON. Request for deck addition/insuff, rearyard setback. Property fronts alonga three streets at 855 Mary's Read, Mattituck. 140-2-1 Appl. No. 4253 - M/M JOHN WISSEMANN. Corner lot along 580 Sis Clear View Read (and private ROW) at Bayview, Southold. 90-4-11.1 Map of Cedar Beach Park Lot Nos. 47 & 49 (combined). Accessory garage in front yard with reduced front yard setback to the location of existing. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Wilton. Absent were: Members Doyen and Villa. This resolution was duly adopted. Page 3 - Minutes Special Meeting of June 24, 1994 Southold Town Board of Appeals III. CARRYOVERS, DELIBERATIONS/DECISIONS (from June 8, 1994 and June 13, 1994 Mee~ngs): A. Appl. No. 4244SE - DEPOT ENTERPRISES, INC. This is a request for a Special Exc,eption,.as amended, to include approval for the location and use of a proposed addition to the exl.gting principal building located at 320 Depot I_ane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. (Board Action continued on next page). Page 4 - Minutes Special Meeting of dune 24, 1994 Southold Town Board of Appeals ACTION 'OF THE BOARD. OF -APPEALS Appl. No.. 4244SE. Application of-- DEPOT ENTERPRISES, INC. This is-a .request-for a Special Exception, as. amended-; to.. include approvaL for the-Iocatior3 and use of- a proposed- addition to the existing,--p~indpai builc~i,ncj-~ located.: at 320 Depot Lane, CutchocJue,~ New~, York. The, proposed add[tion,: is-an expansion 'of-- the existing recreational', member, ship-,club., and-is Iocate~' in the - Residemtiai.,-Office- (RO) Zone-- District; Property- ID No. 1000-102=2-12.1. WHEREAS. a public, . hearing~-.was.' held- on June 8.. 199~ at-whi~,h time per, sons who. desired to- be- heard we~.e- heard'-- and: their: testimony recorded~; and WHEREAS. the Board-has carefully considece~ all testimony-and docurne~tatio~ su'bmitted concerni-r~j:this.--app[i.catio~.; and WHEREAS. the Board members have per-sonatLy viewed~ and:, a~e familiar with', the premises in question, its present zoning,, and.. the surrounding areas; and WHEREAS. the .Boa~.d~-made:the ,follow-mgm.findings .of. fact: 1. By a ail propose~add~tiOr~ a~e.,.= and ~ of~ the the~: weste~J¥,~ front- . 12-1/2 feet-in, depth approximately- ter~, | 10) feet - in- depth. The..~-pia¥~rounc~.,.ar~-,-:is ~-to, be. remoVed~ The .-frontage,, of- the, subject proper~.y alo~g,.the,.,Mair~,~-Roa~-~ is 149.39. in, len~lth~ an-d,~ alon.9¥.Depot: Lane, 173. ~t3 feet. 2. The.- premises at~.Whicb, the,: subject- additio~ is.~oroposed~ is..kno~n as~-- 320 Depet.< Lane.~ .( and, 29325. Mai~.~.~- Roa(~),.,' Cutchogus~-=' ,,NY; contains;::a'~ total- a~e~--of:- 1.63~- ac~.e~; and., is.-Iocate~, in'~the.-~Res[dehtial~Office---Zo~e District-. The recreational:, building:, is and ;-has been- used,,.for., heal,t.h~¢tub Purge. 5~ Appeal=NO, 4244 D~cision'Rendered June-24. 199~ Matter of DEPOT ENTERPRISES. INC, business and-office use.~ since its inception in 1985. when the proper~¥ was, zoned~ B-Light-Business; (Prior.to recei~}ng,a Spe¢iat~:Exceptio~,1985 the building :was used,asa dwel~ling anti,offices. ) 3, At this time. the ,-main building.: is under., re¥iew: for.a final Certificate.of Occupancy per~.ain.[ng: to a portior~ of the.-areas con~e~ted in 1985 from office-and/or residential~to its present-- use~:-artd- pertaining to 'the restrict~ed, use,. of-~ the~ second, floor.. Simuttaneou,st¥; pend~ with this application is an:.. amended, sit~ pla~r:review., before the.Town Ptann,i~cj Board per, taining to 'the-new:-addition.- (Note: A site plan map'dated 4-6-8u~- was approved pr. ewieusl¥ and; signed- by the.~ Chairman.'. of- the Planning., Board qn 7-.19-85; also. a ..temporar~ Ce~tificate--.of Occupancy was. issued by the Building, inspecto~-, on Novembe~ 6. 1987 for the recreation, center- unde~- No, Z1637~. with a notation that- the.second-floor be non-habitable~. ) 4. Addi~ional:~y; (a) this Boa~.d finds that.~ the.~-request for.-an addition~: to. the recreatior~ cente~ by:. Specia~-:.Exceptior~-. isa. not improper~, based', upon.-the prior Special,,: Exceptien-.jurisdiction~ in- 1985 and, Section~ 100-263 of the current -zoning code .{as. confirmed: by the Building: Inspector. in his April 21. 199~ let. teF}; and lb) the maste~.-- plan. revisions-~adopted or~- Jan,ua~¥ 10. 1989 changed the.-zoning of-the:subject premises from "B-Ligh~ Business'~.-to "Residential~Office (RO)."' which in effec~ removed- retail, and. other comme~cial,.uses for establishments created after.-January .10. 1989,; (c) the legislative =body of~. the~ Town should- enact a new- zone district or zone~,category which woutd~ would~ allow.-business.-prope~ties~ of~ this. nature-as, a .recreation. cente~. (this--type-of~ use:.~.was, not in~luded in the new. zone. district desig~-at~ons.-:, such as. HB~ RO. LB. B. wheat revised under, the 1989-. Maste~.~ Plan. and,Zoning, Code}. {d) the~,e ha~.bee~.- no.s "~antiai;~change~=~n, the~'~dimensio~s..of. the .-proper~y-:or. size' of-the., buildi,r~js.-sinee :immedi:atel¥-prior. to. Januar~ 1989- or. ther~af-te~- WhiCh, nigh{-- affect' the circumstarmeS ~.of, the. revised- maste~-pla~; or-,this appHcatior~; (e) the sur, round:irmj, area' consists .of the.followings: (1) to the~nor, th. residences~:: (2) to.-the-wes~.. Depot Lane~and,:~op~,~sJte Depot..Lane,~to: the,west, and. southwes~:.~ a gaso}ine~station,:with., a~te- repai-r se~.vices, and: a dwelling; each- Ioa~ect. in.~-the- Hamtet..~ Business.~Zone District. (3) to ' the-north, o~-'the,'-Hamtet:-BuSiness.--Zone~.DjSt~ic~- is -the Cutchogue~West .School:. which, is improved, with: the,.~schoolf:s ~mai-n. bUild~m3-; outside :playgrounds and.', ou,tside,-~*ecreat~mal~,~;ar~eas; { 4:) to.~:th~South,= is the-Mai~..State~Highway-~and, proper_~w/ zone~.;R-~0 Low-Densit¥..Res'rdentiat. Zone ~District. Page 6'- Appeal..., No ~ 424~ Decision-' Rendered June.2~, 1994 Matter,of DEPOT ENTERPRISES, INC~ 5. In considering- this application, the Boa~.d also finds and determines: A. That the use will not prevent the~orderly and-reasonal3Je use of adjacent properti-es-or of properti~es in adjacent-use di~tricl~; B, That.*the. use-will not prevent the*.orde-~ly and.reasonable use-of permitted or~ legally established uses in. the district- wherein the proposed~ use..~is to be. located, or of permitted or legally establisl-~d uses in adjacent use:districts; C. That the--safety~ health, welfare, comfort, convenience.or' order gr.-the town will not be adversely, affected by,the-proposed use ~and its location: D. That-the use,.will be in harmony with and: promote*.the general purposes- and-intent of- this chapter (see not~ion.s ~ infra); E, That-the-use.~.will~ be compati.b.te,,with- its surroundings and with the ~.characte~-of the neighborhood and, of. the.community in gene~,al, particula~ly with.regar~t to visibHi.ty, scale-~and.:oveFal[:appeaFanc~;. ~ F, That:.-the building: in which the-proposed use. is her~eby authoH~zed must. be;readily-accessible,,for.-fire-and--petice protection~ G. The. Boa~.d .has -also, considered subse~tions~,A -.through.. P of Article. X I I. Section- 100~-26'u~ of the.. Zoning; Code, Accordingly.. on motions-by Member Wilton; seconded, by Chairman,GOehringer;' it was RESOLVED. tha~ permission:, is ~he~eb¥-.GRAN~rED.fo~ a p~oposed 30-ft. by 60..-ft. additio~ to the-=ex~sting= hea[th.-club/reCr~3t~ cente~ building, as,,appl~ied~ and~SUBJ.E~r TO THE-FOLLOW. lNG CONDI;FtON$,: 1, This approvai,~: is subject to. the,...own'e~,.. 'ol3tai~i~g: al~.. written approvals?, from the...-$outhold; Town Plannit, Bo~;- S~folk,, County Depa~ment ~ He~. Servic~ SoU~old:.-'Town Buiidi~.. D~a~ent;. and any othep .a~n-~ .ha~i~.juFi.sd~tion, th~n.de~ before-o~nW.. 2. Outdoor lighting-, must be-- shielded to the, .ground:- and,- not be ad:verse,to neighboring: areas:. .3. Prior. actions- and: conditions - of this',-Boas-d', shal~ ~ remain,- in ' full force-and.'-effect. ~r. This '.actio~ shall:, exph~e.---two years from . the,- da~e ,.of:-, recei,v, il~r alt ager~c¥-approva{~,~.~ ha¥ing~ jurisdiction for the, proposeef*: addition-. Page 7- Appeal No. 42u~ Decision Rendered June~2~,, 199~ Matter of DEPOT ENTERPRISES, INC. except when a building, permit.,of~ the Town of-: Southotd for the ;addition is in effect and construction activities commenced pu=rsuar~t to s~id~permit.,. Vote.of the Board: Ayes: Messrs. Goehringe~, Doyert. and~DinJzi(~, (Absent we~e-~Membe~s Villa and Doyens) This resol~t~or~ wa~ duly adopte~ Page 8 - Special Meeting of June 24, 1994 Southold Town Board of Appeals Appl. No. 4098 and No. 4248. Upon Applications of TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. Thi.~ property is nonconforming as to total lot area in thi~ R-40 Zone District. Appl. No. 4098 - This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck exten.~ion located wiihln 100 feet of the bluff of the Long Island Sound. Al)pl. No. 4248 - Thi.~ is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setback.~. WHEREAS, a public hearing was held .on June 8, 1994 under Appeal No. 4248, and held on May 7, 1992, June 4, 1992, November 9, 1992, December 3, 1992 and J, me 8, 1992 under Appeal No. 4098, at which times all persons who desired to be heard were heard and their testimony recorded; and ~ WHEREAS, the Beard has ~caref,,lly con.~iderod all testimony nnd documentation submitted concerning thi.~ application; WHEREAS, Boalxi Members have personally viewed and are fnmHi~ with the premiges in question, its present zoning, and the surrounding areas; and WHEREAS, the Board'made:the following findings of.fact: 1. REQUESTS: By thi.~ application, the appellants are requesting the following varinnces: : - ~ ::" ~ a) request for above.gro,md deck construction which is located --within 100 feet b) request for"abov~agr~nnd.deek ~n.~etion which is. -.,'. located with a one-foot in.~uffieient side yard setback Page 9 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, .1994 from the westerly, side .pr0Pert~ 'line; (c) the easterly side yard. is proposed to comply with the elevation and setback requirements of the code for walk.~ and entrance ways and is subject to further inspection and review by the Building Inspector. 2. BASIS OF APPEAL. By Notice of Disapproval dated M~rch 2, 1992, the Building Inspector disapproved an application for a building permit for the deck construction, as exists, due to its location within 100 feet of the Long IslRnd Sound bluff and due to the need of other agency approvals (Town Trustees Rnd N.Y.S. Department of Environmental Conservation). By a second, updated Notice of Disapproval dated May 20, 1994, the Building In.~pector disappreved an amended application for a building permit for the deck construction, as e~i.~ts, due to not only its location within 100 feet of the Long Island Sound bluff but also for an insufficient side yard setback. 3. CODE REQUIREMENTS. The Articles and Sections of the Code cited in the Building ln.~pector's Notices of Disapproval are Article XXIII, Section 100-239.A and Article IIIA, Section 100-30A.3, which provide as follows: Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank l~ndward of the shore or beach shall be set back not less tban one hundred (100) feet from the top of such bluff or bank. Article IIIA, Section 100-30A.3 of the Zoning Code requires the principal setback.~ to be not cleser to the side property lines than thst established, or not closer ~h,n 10 and 15 ft. side'yards for properties COntsining less-tb~n 20,000 sq. ft. in total lot area, whichever is less. 4. PROPERTY DATA. parcel of 1Rnd situated The in L described is shown on the ~hme 17, ,uPdated December 19, 1991, by William g. Simmon.~, Jr., The parcel bn.~ a frontage along Aquaview Avenue of 60 feet and, frontage along thehi~h~ighwater mark of the Long Island Sound of '43+- fe~t. The ~ver~ag~ depth of the parcel The shown to be set hae3~ at 4~. area). The :, scales the east side yard and at 11+- feet at the west side yardi: The brick walks within the side. yards aro :not elevated, above ~ ground. ~When PAge ' i0 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 elevated, further variances would.' be required. Level walk.~ are not included, if at ground level,' in-t~-e-: setback calculations. 5. HISTORY OF EXISTING CONSTRUCTION. Prior to February 1992, the deck which is the subject of thi.~ appeal and disapproved building permit was constructed without any agency approvs].~. On April 10, 1991, the t~me when a previous variance for different relief (porch addition) under Appeal No. 4008, the subject deck did not exist. The difficulties claimed by appellsnts in this application are se]f-created. 6. It is personal knowledge, ~nd through town records, that thi.~ bluff area is subject to erosion, and in the past the bluff areas in ~hi.~ vicin.~ty have been damaged. Erosion of thi.~ nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. ?. EFFECTS OF RELIEF REQUESTED. Board that: It is the position of the (a) the deck area extending to the plaffom at the top of the bluff stairs does not and will not have a foundation area which disturbs the natural ground underneath or around the construction; in fact, the deck area helps to preserve the nstural land area over which it is placed; (b) the setback requested to the platform at the top of the bluff is substantial in :relation to the requirements, being a variance of 100% of the requirements; (c) the grant of the entire relief, will not alter the essential character of the neighborhood since many of the neighboring pare~-t~ are improved with buildings Simils~ to the subject parcel; (d) it ' and through town re..cords, that thi~ bluff area is exx)sion, ~ndin the paSt the b!uff~ in the enactment Of :the Coastal Zone l~sn~gement Law mandated by the State and Federal Government for properties fren~ing along the Long Island Sound; thi.~ construction is subject to review and approval by the Southold Town Trustees under Ch. 37; (e) due to the size of the property, -there is limited available 12nd area for an open,- ,m~oofed deck. (f) the alternative for appellants to pursue is to remove the deck con.~truction entirely, which the appellants feel is not feasible; P.age ii - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties { ~l~imed are uniquely related to the property and are not perSo/~al in'.~ature; (h) the relief, as requested, will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by graniing the specific relief requested, and noted above. Accordingly, on motion by Member Dini~.io, seconded by .Chairman Goehringer, it was RESOLVED, to GRANT the relief requested-and as noticed in this application SUBJECT TO THE FOLI~DWING (~0NDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west 16 fet, then six feet south, thence 18 feet northeast on an angle, thence south eight feet to the rear step area of the house, extendi,!g along the rear area of the house 32 feet in width, thence extending north four feet, 16 feet west, and again ilorth 10 feet, to the eXisting platform at the top of the bluff; 2. Erosion comtrel measures must be. taken when removing the existing deck areas to conform with the modified diagram; 3. The easterly side yard area shml! not be reduced for the raised deck or dwelling construction (except as be permitted for minimal steps and 'level l~iek wslkg); my 4. Exi.~tlng landscaping must remain; of Appe~].~ is required p~ior to the iSsuance of a' certificate of Occupancy. Vote of the Board: Ayes: Messrs. Dini~.io, Wilton, and Goehringer. (Members Doyen ~nd Villa were absent. ) This reSOlutiOn was duly adopted. Page 12 =.Minutes Special Meeting of June 24, 1994 Board of Appeals III. CARRYOVERS, DELIBERATIONS! DECISION continued: B & C. TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total 10t area in this R-40 Zone District. Appl. No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the blnff of the Long Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. (Board Action on each of these Kostoulas' applications are continued following the Depot Enterprises decision herein.) D. Appl. 4247 - HUGH T. and CAROL L. CONR. OY. This is a request for a in conjunction with the' as authorized under Article .2B and Section 100-31B(14) of the Zoning Westerly side of Gin Lane, South01d, NY;~ also referred to #2 on the Subdivision Map of 'BaY HaVen ~iled in the suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. (No Determination Rendered. Deliberations to continue at the Board's next meeting when 'Member Villa returns' from vacation. E. APpl. No. 4249 - SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and' opex~ate aBed and Breakfast in acCordanee with the ProvisiOns of the zoning cede at Article III, Section' 100-31B(15), with owner~eceupancy, and as an accessory to the existing principal residence. Location of ProPerty: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and referred to as Lot No; 2 on the Subdivision Map of Robert and Jean Lenzer. (Deliberations to continue at Board's next meeting when Member Villa returns from vacation.) Page 13 - Minutes Special Meeting of June 24, 1'994 Southold Town Board of Appeals IV. COMMITTEES: Bo Code Review' Committee: Recent meeting of 6/21].94 was held. Next meeting not scheduled, as yet. Update: Town Attorney and Code Review Chairwoman Re: Conference with PB/Bldg.]ZBA on the ZBA's Proposed Revision Pert~inlng to Mergers for Proposed Local [,aw (ZoDing) held 6/22/94. The Board Members were handed copies of the proposed Local Law, and their comments or suggestions on this proposal (or inquiries) were requested for August 11, 1994 ZBA meeting. The full-time staff of PlAnning, Building and Zoning agreed that it would help to fill-in those gray areas in the Code pertaining to mergers and unspecified periods of time, such as 1971 when one-acre became effective, 1983 when two-acre hec~me effective, 1989 when different, new zones were created, etc. The meeting was adjourned at approximately 8:35 p.m. Respectfully submitted, ~ //-~/l~/ Board of Appeals /~Appreved - 8/zi~/94 ~ / I~ECEIVED AND FILED BY THE SOUTHOLD TOWN CI.v..RK Town Clerk, Town of South~!d