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HomeMy WebLinkAboutZBA-08/11/1994APPEALS 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-I809 M I N U T E S REGULAR MEETING THURSDAY, AUGUST 11, 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 THURSDAY, AUGUST 11, 1994 commencing at 7:30 p.m. at the Southold Town Hall, 53095 lVlain Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski I. The following matters were held for PUBLIC HEARINGS. Please also see verbatim transcript for each hearing which has been prepared under separate cover and filed simultaneously with these Minutes. ) 7:39 p.m. Appl. No. 4250 - WILLIAM AND HELEN .CHILDS. Variance to the Zoning Ordinance, Article III, SectiOn 100-33C based upon the Ma~ch 29,1 1994 Notice of Disapprovai from the Insp~ecto. q f~oe..Petrols?ion to locate aceessot~y garage with yara setDacK[s~ on the corner lot. The subject premises lot area of approximately 30,500 square feat a~i fronts Brushes Pe? c Bay BouIevard, and Mesrobian Drive. S et Address: ~1.7 _P~e?.m.c_ .Bay Boulevard, Laurel, New York; County Tax MaP P~rcel mo. 1oo0-14b-4-2.1 (prey. 1 & 2). The Application was WITHI)R/~WN, AS REQUESTED, by applicants, with the conchtion that there shall be no portion of the application fee refunded (the hearing was advertised and held and Mrs. ~}lilds was made aware of the difficulty in obtaining a variance with the close setback requested near a busy town street, when there is other land area available to meet the requirement). Page 2 - Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4255 - ROBERT S. SEARLE. Variance to the Zoning Ordinance, Article III, Section 100-32, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling with deck at a reduced setback.from the front property llne along Private Road off East End Road, Fishers Island, N.Y.; County Tax Map Parcel ID No. 1000-7-2-8. The subject promises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requiros a minimum front yard setback of 60 feet. Stephen Ham, Esq. and Mr. Searle appeared. (See testimony in written transcript of verbatim hearings prepared under separate cover, pertaining to statements of applicant and big attorney.) Following testimony, the oral portion of the hearing was declared concluded, and the written portion of the rocord will remain open in order to allow written input from FIDCO and/or others up to the day of the Board's next Regular Meeting, to wit: September 7, 1994, at which time the record will be sealed (concluded) in its entirety, in order to commence Board deliberations. 8:05 p.m. Appl. No. 4256 - JON AND CAROL RAND. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, ~nd based' upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct porch addition with reduced front yard setback at less than the established non-conforming front yard setback along Paradise Point Road. The subject promises is non-conformin~ with a total lot area of 23,522+- square feet in this Agricultural-Conservation (A-C) Zone District. Property Location: 2975 Cedar Beach Road at intersection with Paradise Point Road, Southold; also known and referred to as Lot 19 on the Map of Cedar Beach Park; County Tax Map Parcel No. 1000-91-1-2. N~ncy Steelman, R.A. appearod for the applicant. (See transcript of verbatim testimony.) At the close of the hearing, the board deliberated and made a determination, noted as follows: (continued on next page). Page 3 Minutas Regular Meeting of Auguet 11, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4256: Application for JON AND CAROL RAND. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct porch addition with reduced front yard setback at less than the established nonconforming front yard setback along Paradise Point Road. The subject premises is nonconforming with a total lot area of 23,522+- square feet in this Agricultural- Conservation (A-C) Zone District. Property Location: 2975 Cedar Beach Read at intersection with Paradise Point Road, Southold, NY; also known and referred to as Lot 19 on the Map of Cedar Beach Park; County Tax Map Parcel No. 1000-91-1-2. WHEREAS, a public hearing was held on August 11, 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, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board mnde the following findings of fact: 1. The premi.ges in question: (a) is a parcel of land known as Lot No. 19 on the Map of Cedar Beach Park, which parcel of land is situate along the northerly side of Cedar Beach Read and~ the westerly side of a Paradise Point Road, at Southold, containing a total lot area of .54 of nn acre; (b) is improved with a single-family dwelling, as more particularly shown on the site plan map dated 7/7/94 prepared by Samuels & .Steelman, which information was taken from a survey dated 7/29187 of William R. Simmons, Jr., showing an existing front yard setback along the easterly side of the dwelling at 24 feet from the property line along Paradise Point Read. 2. By this application, appellants, hnve requested approval for a reduction in the easterly front yard setback from 24 feet to 19 feet for a corner section of a proposed covered porch addition. The land area adjoining thi.~ property along the west side of Paradise Point Road Page 4 - Appl No. 4256 Application of JON AND CAROL RAND Decision Rendered August 11, 1994 is shown to be improved with a wood fence and is maintained as an extension of lawn area from the subject lot. 3. In considering this application, the Board finds that the 30+- sq. ft. corner portion of the proposed covered porch addition which is the subject of this variance request is minimal and will not be an adverse impact to the essential character of the neighborhood. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief requested for the 30 sq. ft. +- corner of the proposed covered porch addition to existing dwelling as shown on the above-referenced site plan map with a setback at 19 feet (as requested). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. Thi.g resolution was duly adopted. Page ,~ 5 - Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 8:10 p.m. Appl. No. 4258 - THOMAS F. McKENZIE. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.4; 100-33; I00-30A.2(C)(1) and 100-30C(8) for permission to locate new accessory building in the front yard ave~ and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street and N/S Jackson Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000-117-09-12. The subject promises contains a total lot area of 28.920 sq. ft. and fronts along three streets. Mr. McKenzio appearod ir~ behalf of his application (see written transcript of hearing for statements). The Board agreed to continue the hearing until September 7, 1994, as requested by the adjoining property owners since they were out of State. 8:27 p.m. Appl. No. 4259 - ALAN R. CERNY, JR. Variance under the Zoning Ordinance, Article IliA,Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with i~x. sufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. Mr. Cerny appeared in behalf of hi.~ application (and no opposition was received at the hearing). At the end of the hearing, the Board took the following action: (continued on next page) Page 6 - M~nutes Regular Meeting of August 11, 1994 Southold Town Board Of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4259. Application of ALAN R. CERNY, JR. Variance under the Zoning Ordinance, Article IIIA, Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with in.gufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituek, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. WHEREAS, after due notice, a public hearing was held on August 11, 1994, at which time all comments were received and testimony recorded; WHEREAS, Board Members have viewed the area 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. This application is for a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed in this project are 'an open above-ground swimmingpool and raised deck (over an existing concrete patio area) as shown on the sketches submitted With this application. The existing square footage, prior to the pool and raised deck which are the subject of this variance, is 1591 sq. ft. The lot size is 7751, and 20 percent results in 1554.20 sq. ft. The existing square footage of 1591 is nonconforming since it already exceeds the 20% requirement. The additional, square footage over the existing is 440.50+- square feet (224 for the raised deck, 176.50 feet for the pool, and 40 sq. ft. for the jog at the back of the house), for a total square footage of 2031.50. This results in a percentage of 27+- (7751/2031.50). 3. The Board finds: (a) the circumstances are unique to the property ': ~lue to several factors: its substandard size of 7751 square feet as preexists the zoning requirements; the limited buildablo rear yard area; and road frontage along two town streets; Page ?- Appl. No. 4259 Application of Alan R. Cerny, Jr. Southold Town Board of Appeals (b) the relief requested is not substantial in relation to the other properties in the area; the increase requested is 440.50 square feet over the existing coverage of 1,591 square feet, for a total of 2031.50 square feet (exclusive of step areas); (c) the relief, as requested, will not alter the essential character and is found to be in harmony with the intent of zoning, and complying with ali other zoning regulations; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the applicant has submitted medical documentation from his physician requesting the pool for exercise and physcial therapy to the applicant-owner; (f) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties; (g) the grant of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since there are no sensitive wetland areas in close proximity and applicant must properly remove water after the summer season; the pool may be removed and eventually relocated if deemed necessary for appropriate purposes; (h) in view of all the above factors, the interests of justice will be served by granting the relief for an additional 440.5+- square feet, as requested. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED to GRANT the relief requested and described above, SUBJECT TO THE FOLI~DWING CONDITIONS: 1. That any other building or construction changes to the pool a~nd/or, subj_eet deck area will require e°nSideration by' the ,Board of ~xppems, and the Board may require a new and further application to this Board for the proposed modification (such as an inground pool or other building enclosure, etc. ); 2. That there be no increase in lot coverage different from the existing footprint areas. Further expansion to an upper level over the existing footprint would, of course, be permitted subject to Page 8- Appl. No. 4259 Application of Alan R. Cerny, Jr. Southold Town Board of Appeals owner first obtaining a written building permit (and without having to return to the Board of Appeals). 3. Deck shall remain, as is, unenclosed. 4. The above-ground pool may remain with the current applicant as owner of the premises. A conveyance of the property will require a removal of the above-ground pool, or a new application for further consideration by the Board of Appeals. 5. There shall be no decking around the pool (pool with three-ft. wall shall remain, as e~.~ts). Vote of the Board: Ayes: Messrs. Goehringer, Dini~.io, Doyen, Villa and Wilton. This resolution was duly adopted. Page 9- Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals REMINDERS. It was noted that there were no code committees scheduled as yet to meet for August 1994. The next ZBA Meeting was confirmed to be for WEDNESDAY, SEPTEMBER 7, 1994 (as set at the begqnning of 1994). COMMUNICATIONS/DISCUSSIONS]UPDATES: MERGER LAW, AS PROPOSED: The Board Members agreed to accept the proposed Merger Law, as drafted by the ZBA staff, with minor changes (to for $25,000 indemnification and adequate staff to interpret and proper exercise of the regulations): Chapter 100 (ZONING) of the Code of the Town of Southold is hereby amended by adding a new Section 100-244.1 to read as follows: 100-244.1. Merger of Nonconforming Lots. A. Whenever two or more nonconforming parcels of property abut at a common course 'of 50 feet or more in distance and are held in the same (common} ownership, such parceis are deemed "merged" to form one (1) lot of increased lot area and/or width. The zoning bulk schedule requirements for the combined (larger) area shall apply. B. The following excel~tions to this Article shall apply, and the subject lands shall not be deemed merged if one or more of the following apply: 1. The lot(s) was/were created by deed recorded in the Suffolk .County Clerk's Office on or before June 30, 1983 and which lots conform to following minimum lot area requirement(s) when created: (a) Prior to December 1, 1971:20,000 sq. ft. (b) Between December 1, 1971 and June 30, 1983: A Res. Zone: 40,000 sq. ft. M Light Multiple Residence: 40,000 sf. M-1 Multiple Residence Zone: 80,000 sr. C-Light Industrial Zone: 40,000 sr. Page l(~- Minutes Regular Meeting of August Il, 1994 Southold Town Beard of Appeals Heavy Industrial Zone: 200,000 sf., or 2. The lot in question is on a subdivision map grandfathered or exempted as shown on the current, or subsequent, Southold Town Zoning Code, or 3. The lot in question is shown on a subdivision m~p approved by the Southold Town Planning Board, or 4. The lot(s) in question is/are shown on a m~p approved by the Southold Town Board, or 5. The lot(s) in question is/are approved and/or recognized by formal action of the Beard of Appeals, or 6. The lands were in single and separate ownership prior to June 30, 1983 and continuously thereafter, as shown by a certified single-and-separate search prepared by a Suffolk County title insurance company, indemnifying the Town of Southold with insurance of $25,000, and attaching copies of deeds and a detailed explanation of the basis or parameters used to make a determination that the lot in question was single and separate and what time period. C. In considering any and all requests under this rule, the Building Inspector shall require the following documentation to be submitted by the property owner or hi.~ authorized agent in con.~idering this provision and before issuance of said certificate or building permit thereunder: (1) (a) abstract of title certified by a Suffolk County title insurance company insuring the Town of Southold at a minimum of $25,000 issued by a title company providing an accurate search as to all ~ predecessors in title and current owners of the entire parcel of land from the present time to April 9, 1957, and a signed statement from the title insurance company providing a detailed description of the period of time in which a merger had existed due to common ownership of contiguous lots, and if no merger existed then an explanation of the parameters used to make said statement; Page, i1- Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals or (b) a copy of the Town action approving the subject parcels, as exist since their creation; and (2) application form or letter from the current property owner stating a description of the'proposed project and the purpose of his request; and (3) copies of current and all prior deeds of predecessors in title dating back to 1957; and (4) copy of the. current Suffolk County Tax Map, and (5) original print of a survey of the parcel or parcels under consideration; and (6) other additional information or documentation as may be deemed necessary by the Building Inspector; and (7) filing fee of $200.00. D. No building permit, shah be issued unless this chapter is complied with and the Building Inspector has provided the all applicable exceptions in basing hi.g determination, in writing, as part of the permanent building permit or Certificate of Occupancy record. E. Whenever a nonconforming lot or tract of land is joined by common ownership to an abutting lot or tract of land, the greater area, width and yard requirements for this zonin~ district shall be applicable to the total combined area. Also, it was agreed that it is imperative to have the Town Board establish a titie or individual(s) to be responsible for assisting the public when its interpretation needs to be performed or exercised. Draft Revised April 1993, June 1994, July 1994, August 1994 Page 12 Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals COMMUNICATIONS FROM TOWN ATTORNEY: Request ~for Board's position on future off-premises directional signs, and whether they be by Special Exception or by variance. A response was agreed, noting as follows: Several ZBA Members felt that they do not favor signs in general for off-premises advertising, however, with the following restrictions, a few "directional signs" should be permitted due to their di.gtant locations off the main routes, C.R. 48 and S.R. 25 to aid the traveling public: Special Exception approval by the Board of Appeals limited to the following: A) Sign shall not exceed 18 sq. ft. in total area; and B) Wording of sign shall be for directional purposes only and shall include the nmme of the business, street ~loeation, and an arrow or similar point of direction. C) Setbacks of sign shall not be less than: (1) 50 ft. from an intersection; (2) 15 - 20 ft. from a front property line; (3) 40 ft.' from side and rear property lines; (4) 500 ft. from a school or church; and D) The sign must be located in the Hamlet in which the business is located; E) Only one directional sign shall be permitted for each business; and F) Only one directional sign shall be permitted on the lot on which it is to be placed; and G) Business use for which off-premises directional sign shall be permitted .is limited to: motels, hotels, inns, ferry or other tranportation services which is available to the public, full-service restaurant, marinas, fishing station. (Note: Deli or fast-food businesses do not qualify as full-service restaurant. Bed and Breakfast does not qualify as inns or motels); Page 13 Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals H) Business use for which off-premises directional sign shah be permitted must be located one-hag mile or more from a major east-west artery roadway, such as County Route 48 or State Route 25 and its major east-west connection, such as Sound Road or Middle Road, rather than a town or side street; and I) a written s{gn permit from the appropriate New York State or Suffolk County office must be furnished if the sign is located within 500 feet of a County or State read or highway, prior to submission of the Special Exception application; J) off-premises directional sign must be removed within 10 days of the close of the business, for seasonal or other purposes. NEW APPLICATION REVIEWS: Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. Request for Special Exception for approval of new winery establishment in two existing farm bnildlngs for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. 44075 Main Road, Peconic, NY. A-C Zone. It was noted that information was not as yet supplied by the applicant's agent, and it was agreed to request the following information (determining the file incomplete until received). If the information is received by the advertising deadline, the public hearing is to be held on September 7, 1994. The information awaited was determined to be: (A) Seven (7) sets of maps of the "as built" and presently existing facilities in compliance with the N.Y.S. Construction Code pertaining to winery uses, which must also show the use of each room within the building and retail sales square footage calculations; (B) Seven (7) original prints of the site plan which must show: egress to and ingress from the buildings, proPosed parking areas, the new man-made pond, and other elements necessary under the site plan regulations, the County Health Department approved locations of the leeching and septic systems and drainage basins for run-off, and the existing pond; (C) , Site plan or survey showing the entire parcel, including the vineyards which are necessary under the Special Exception for a winery use. Page 14 - Minutes Regular Meeting of August 11, 1994 Southold Town Board of Appeals OTHER REVIEWS: New Appl. Nos. 4261, 4260, and 4260 - WILLIAM' F. GASSER. The Board Members decided to inspect the promises beforo scheduling for a public hearing. Concerns wero exprossed about fuel and oil drippings from the tanks and what intentions the applicants propose to mitigate this potential hazard. Property Location: 640 Love Lane and S/s C.R. 48, Mattituck, New York. CALENDAR OF HEARINGS FOR SEPTEMBER 7, 1994: On motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to CALENDAR and ADVERTISE the following matters for public hearings to be held on THURSDAY, SEPTEMBER 7, 1994 (exceptions as noted): 7:32 p.m. AppL No. 4265 - PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to ex/sting dwelling with a setback at less than the roquirod 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. 7:35 p.m. Appl. No. 4266 - MICHAEL LIEGEY. Variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. * 7:40 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premi.~es contains 50.8 acres located in the Agricuiturai-Con.~erva- on (A-C) Zone District. *Subject to roceiving itemg reqUested by Board in its letter to the applicant needed to complete the file. 7:45 p.m. Appl. No. 4264- JAMES and MARY ANN ABB:OTT Variance to the Zoning Ordinance, Article IIIA, Section 100-30k.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and Page 15 - Minutes Regular Meeting of August-11, 1994 SouthOld Tow~ Board of Appeals 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of~ Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. 7:55 p.m. Appl. No. 4267 - ANN M. SHANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A. 3 for permission to construct addition which wi]] exceed 20% lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-2-26. 8:00 p.m. Appl. No. 4258 - THOMAS F. McKENZIE. (Continued Hearing). Jackson St., Main St. and New Suffolk Ave., New Suffolk. Horse barn and corral in front yard area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:10 p.m. Respectfully submitted, ~ pp oved - Septemb~'7, 199~ - ~ RECEI D AND FILED BY THESOUTHOLD' TO~4 C~ DATE ~'/&' ~e Town Clef_ k_, Town of $outhoJd