HomeMy WebLinkAboutZBA-09/07/1994APPEALS 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, SEPTEMBER 7, 1994
7:00 p.m. Work Session (No formal action taken)
7:30 p.m. The Chairman called the Regular Meeting to Order
A Regular Meeting was held by the Southold Town Board of
Appeals on WEDNESDAY, SEPTEMBER 7, 1994 commencing at 7:30
p.m. at the Southold Town Hall, 53095 M~in 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
TJnda Kowalski
Absent was: Richard C. Wilton, Member
I. The following matters were held for PUBLIC HEARINGS - also see
verbatim transcript for each hearing which has been prepared under
separate cover and filed simultaneously with thig set of Minutes:
PUBLIC HEARINGS:
7':32 p.m. Appl. No. 4265 - PETER. DeNICOLA. Variance to the
Zoning Ordi~)ance, Article IIIA, Section '100-30A.3-for permission to
construct deck addition to existing dwelling with a setback at less
than the required 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. Following testimony, action to approve
was taken, as follows:
Page 2 Board of Appeals
Minutes of September 7, 1994
PUBLIC HEARINGS, continued:
7:39 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 M~in~Road (S.R. 25),
Southold; County Tax Map Parcel ID No, 1000-61-4-7.1. Following
testimony, the hearing was declared closed (concluded), pending
deliberations later thlg evening.
7:57 p.m. Appl. No: 4257 - OSPREY DOMINION CO. and
FREDERICK KOEHLER, JR. This is an application requesting a
Special Exception for approval df a new winery establishment within
two existing farm buildings for the production and sale of wine
produced from grapes primarily grown in the vineyards on which
such winery is looated. Location of Vineyards and Winery
Establishment: 44075 Mnin Road (State Route 25), Peconic, NY;
County Tax Map Parcel No. 1000-75-1-20. The entire premiges
contsina 50.8 acres located in the Agricultural-Conservation (A-C)
Zone District. The hearing commenced, at which concerns and
opposition from an adjacent resident (Mrs. Draper) were received.
The hearing was recessed for approximately 20 minutes in order to
allow time for Mrs. Draper and Mr. Raynor to review the map
together and further discuss the proposal, pending with the Planning
Board. The hearing was recessed, and convened later in the
evening.
8:20 p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT.
Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for
approval of proposed lot-line change between two existing
substandard parcels, which as modified will contnln insufficient lot
area and width (with no increase in dwelling density.) Location of
Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY;
County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. Following
testimony, the following action was taken:
Page 3 - Appl. No. 4264
Application of JAMES AND MARY ANN ABBOTT
Decision Rendered September 7, 1994
Appl. No. 4264.
ACTION OF THE BOARD OF APPEALS
Upon Application of JAMES and MARY ANN ABBOTT. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval
of proposed lot-lLne chonge 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
8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels
No. 1000-126-5-Lots 2 and 3.
WHEREAS, an application was made to the Building Inspector for
permission to change lot lines and a Notice of Disapproval was issued
on August 11, 1994 by the Building Inspector on the grounds that
under Article IIIA, Section 100-30A.3, the lots will each have
insufficient width and area as re-divided; and
WHEREAS, on August 11, 1994, this area application concerning
lot area and width for each of the two parcels was filed together
with a single-and-separate search prepared by Commonweath Land
Title Insurance Company; and
WHEREAS, after due notice, a public hearing was held by the
Board of Appeals on September 7, 1994, at which time all those who
desired to be heard were heard and their testimony recorded (and no
opposition was submitted);
WHEREAS, the Board has carefully considered aH 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 made the following Findings of Fact:
1. This is an application concerning two parcels of land, each
as more particularly shown on the June 24, 1994 survey map prepared
by Roderick VanTuyl, P.C. from which the following information was
obtained:
Page ~I- Appeal No. 4264
Decision Rendered September 7, 1994
Matter of JAMES and MARY ANN ABBOTT
a) Parcel 1 consists of a total lot area of 27,750 sq. ft.,
as exists, and is referred to as Tax Map Number 1000-126-5-3 as
conveyed April 1, 1980 to James M. and Maryarm Abbott;
b) Parcel 2 consists of a lot area of 35,090 scl. ft. as
exists, and is presently referred to as County Tax Map Number
1000-126-5-2 as conveyed January 9, 1922 to Warren H. Thompson
(last record owner shown on title search).
2. By this variance application, appellants are requesting
permission to re-draw the center division line as shown on the Sketch
Map prepared by William R. Simmons III, licensed land surveyor,
March 2, 1993 and amended June 25, 1994, which shows:
a) Parcel 1 will change from 27,750 sq. ft. to 32,190 sq.
ft. of area, and from 50.03 feet to 75.30 feet in lot width;
b) Parcel 2 will change from 35,090 sq. ft. to 31,450 sq.
ft. in area, and from 100 feet to 75 feet in lot width;
3. This property is located in the R-40 Low-Density Residential
Zone District which requires 40,000 sq. ft. of lot area per new lot
to be created (Article III, Section 100-30A. 3, Bulk Schedule
applicable to the R-40 Zone District). Since the two lots are
substandard in size as exist (before this proposed change in the lot
division llne), an area variance is required to reduce the lot area
of one - while at the same time increasing the lot area of the
other. A single-and-separate searCh was submitted to show that
these two lots were existing in single and separate ownership since
prior to enactment of one-acre zoning in 1971. Each of the two lots
is improved.
4. The percentage of relief sought by this application is zero
for the reason that there is merely an exchange in lot size between
Lot 1 and Lot 2 - without any other conveyance or split, and there is
no increase in density or affect on the total area of the lots
(combined total).
5. In considering this application, the Board also finds and
determin es:
(a) the relief as ga~anted is not substantial in relation
to lots established in the close vicinity of this property and does
not create increased 'lot density;
(b) the circumstances are uniquely related to the property
and there is no method feasible for appellant to pursue other tban a
variance;
Page 5- Appeal No. 4264
Decision Rendered September 7, 1994
Matter of JAMES and MARY ANN ABBOTT
(c) the relief requested will not cause a substantial
effect on available governmental facilities;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the town,
or be adverse to neighboring properties;
(e) the relief sought by applicant cannot be achieved by a
method other than an area variance;
(f) the proposed variance will not have an adverse effect
or impact on the physical or environmental conditions in this
neighborhood or zone district - the new location of the division line
is for record purposes and is not visible to the lands;
(g) the difficulty is related to the uniqueness of the
property and is not self-created;
(h)
afford relief;
the relief requested is the minimum necessary to
(i) in view of the manner in which the difficulties arose,
and in considering all the above factors, the interests of justice
will be served by the grant of the variances requested.
Accordingly, on motion by Chairman Goehringer, seconded by
Members Villa and Dinizio, it was
RESOLVED, to GRANT the relief as requested under Appeal No.
4264 (and described above) in this re-adjustment of lot lines for two
substandard parcels, shown as Lot 1 and Lot 2 on the survey map
prepared by William R. Simmons III amended June 25, 1994 (originally
surveyed March 2, 1993).
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
and Villa. (Member Wilton was absent.) This resolution was duly
adopted.
Page 6 - Board of Appeals
Minutes of September 7, 1994
PUBLIC HEARINGS, continued:
8:23 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to
the Zonin~ Ordinance, Article XKIV, 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 Knollwo0d Lane, Mattituck, NY;
County Tax Map Parcel No. ]000-107-6-6. Following testimony, both
pro and con, the hearing was concluded, pending receipt of the
original single and separate search and review thereof. (See update
in Minutes of October 5, 1994 Regular Meeting. )
8:46 p.m. Reconvened Matter of Appl. No. 4257 - OSPREY
DOMINION CO. and FREDERICK KOEHLER, JR. The agent for the
applicant (Henry Ray-nor) and the adjacent property owner
(Mrs. Draper) agreed to discuss the parking plan and other concerns
prior to returning for a final hearing before the Z.B.A.
Mr. Raynor confirmed that the PLanning Board did not agree with
the parking arrangement, and changes were expected under the site
plan review process. The hearing was recessed without a date,
pending the final parking pLan as agreed by the Planning Board.
8:46 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 will exceed 20% lot coverage. Location
of Property: 2775 Marratooka Road, Mattituck, NY; County Tax Map
Parcel No. 1000-123-2-26. Following the hearing, the Board took
action, as noted below:
Page 7 - Minutes
Regular Meeting of September 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appeal No. 4267.
Application of ANNE M. SHANNON. Variance to the Zoning Ordi-
nsnce, Article IIIA, Section 100-30A.3 for permission to construct
addition which will exceed 20% lot coverage. Location of Property:
2775 Marratooka Road, Mattituck, NY; County Tax Map Parcel No.
1000-123-2-26.
WHEREAS, after due notice, a public hearing was held on Septem-
ber 7, 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 is an addition of a size 14 ft. by
38 feet at the rear (easterly side) of the existing dwelling. The
square footage ~of the existing buildings is given at 1370.80+-. The
lot size is 6863 (60.2 x 114 ft. average), which allows a lot coverage
of 1373 (or 20% of the lot). The ex~sting square footage together
with the proposed addition is given at 1903 square feet, which is
530+- ft. over the maximum permitted by code. This results in a
percentage of 27.7% (6863/1903).
3. The Board finds:
(a) the circumstances are unique to the property which is
due to several factors: its substandard size of 6,863+- square feet.
as preexists the zoning requirements; the new construction is a minor
project, for'a residential addition;
(b) the relief requested is substantial in relation to the
other properties in the area; however this lot is the sm~e~t lot in
the neighborhood;
Page 8 - Appl. No. 4267
Application of ANNE SHANNON
Southold Town Board of Appeals
(c) the relief, as requested, will not alter the essential
character and is found to be in harmony with the intent of zoning,
find shall comply with all other reguiations;
(d) there is no other method feasible for appellant to
pursue other tbfin a variance;
(e) the relief requested will not create an undesirable
change in the character of the neighborhood or a detriment to nearby
properties;
(f) 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;
(g) in view of all the above factors, the interests of
justice will be served by granting the relief for an additional 532
square feet, as a maximum lot coverage of 27.7 percent, and as
requested.
Accordingly, on motion by Chairn~fin Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT the variance requested, as described
above, with the understanding that future proposal to expand any
building will require a variance as to the lot coverage requirements,
and provided further that the existing garage shall be relocated
pursuant to a building permit to a conforming location (as agreed by
applicant at hearing).
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen,
and Villa. This resolution was duly adopted.
Page 9 - Board of Appe~l.g
Minutes of September 7, 1994
9:12 p.m. (Last public hearing, continued from August 11, 1994):
Appl. No. 4258 - THOMAS F. McKENZIE. Location of Property:
Jackson St., Main St. and New Suffolk Ave., New Suffolk. Horse
barn and corral in front yard area. Following tes~mony, the
hearing was concluded (closed), pending deliberations.
End of public hearings.
II. OTHER REVIEWS:
A. WILLIAM F. GASSER - Appl. Nos. 4260-4262. Love Lane
and C.R. 48, Mattituck. Thi.g matter was pending Board Member
inspections for reviews under the zoning code and SEQRA, before
scheduling for public hearing. The provisions of the code for which
a variance is sought is: fence height, outdoor display, and
accessory tower setback. The Beard Members updated the record
confirming they have visited the site and h~d several concerns.
Motion was made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, to request the applicants file a completed
Long Environmental Assessment Form for thlg Unlisted Action,
pursuant to the State Environmental Quality Review Act (SEQRA),
and address the following areas:
Oil, oil drippings and gasoline leaks from the vehicles, oil
containment, odors, and other effects due to movement of
vehicles on a weekly basis.
This resolution was duly adopted.
OTHER: The Board Members discussed the pending application
of ROBERT S. SEARLE, and it was noted tha~ the ~quested
anticipated regrading plan was not submitted by the applicant as
agreed and discussed at the August 11,~ ]994 Regular' Meeting during
the public hearing. Motion was made by Chairman Goehringer,
seconded by Member Doyen, and duly carried, to REOPEN and
ADVERTISE thi~ application in order to discuss and receive the
requeste~d §z~ading plan from the applicant or his attorney, for the
next Regular Meeting of this Board, to wit: October 5, 1994. This
resolution was duly adopted.
Page 10 - Minutes
Regular Meeting of September 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD
Appl. No. 4266:
Application of MICHAEL LIEGEY. Variance to the Zoning
Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission
to renovate, repair and re'restate single-family dwelling use on a
substandard parcel. Zone District: Hamlet-Bu.~iness (HB). Location
of Property: South Side of Main Road (S.R. 25), Southold; County
Tax Map Parcel ID No. 1000-61-4-7.1.
WHEREAS, after due notice, a public hearing was held on
September 7, 1994, and all person.~ who desired to be heard were
heard (no opposition was submitted); and
WHEREAS, Board Member(s) are familiar with the site in
question as well as neighboring and nearby areas; and
WHEREAS, the Board made the following Findin~ of Fact:
OWNERSHIP
1. The applicant, Michael Liegey, and his wife, Jeanne M.
Liegey, are the new owners of the subject premises, having acquired
the property on June 9, 1994.
PROPERTY AND BUILDINGS
2. The subject premises consists of a total lot area of 4,400
sq. ft. with 25.50 ft. frontage along the southerly side of the M~in
(State) Road.
ZONING BACKGROUND
3. This parcel has since January !0, 1989, been located in the
Hamlet-Business (HB) Zone Distrit which requires a minimum land
area of 20,000 sq. ft. per principal use. Prior to January 1989, the
premises was located in the B-1 General'Business Zone District, as
shown by the Certificate Of Occupancy for Preexisting Use issued for
Andrew Krupski and noting that the dwelling was nonconforming.
Also shown is the preexisting use as a retail store and lawyer
office, for a total of three uses (mixed) on this parcel prior to
Page ll - Minutes
Appeal No. 4266 - MICHAEL LIEGEY
Decision Rendered September 7, 1994
1983. The land area for these throe uses is substantival in that
20,000 sq. ft. is roquirod for each (or 60,000 sq. ft. total
requirod).
4. The current status of this property under zoning is a retail
storo and an office, for two uses on a substandard nonconforming
lot. The applicant is requesting permission to occupy the abandoned
rear building which was several years ago used as a residence. This
relief would increase the percentage of nonconformity from the
prosent two uses to three uses as a retail storo, an office, and a
rosidence.
PRIOR APPEAL AND CONDITIONS
5. For the rocord it is noted that this parcel (or Parcel 2 on
the November 17, 1981 minor subdivision for Joseph Krupski) was the
subject of a prior zoning appeal made under Appl. No. 2839 on
August 6, 1981, and Planning Beard approval dated June 15, 1982
which granted its separation with nonconformity lot aroa and width
from the westeriy adjacent parcel (shown as Parcel 1). The
conditions of thi.~ appeal aro basically that the square footage of
the buJ]dir~ cannot be increase from the present size due to the
excessiveness of the nonconforming lot coverage which eNi.~ts, that
the buildings cannot encroach on the neighbor's properties any moro
than that which preexisted zoning in 1957.
BUILDING AREA
6. On the survey map dated July 16, 1969, amended Novem-
ber 17, 1981, the front building is shown as a 2-1/2 story brick
building with 25~50+- feet in width. The rotail store occupies 1012
sq. ft. of saies~ area on the first floor only, and a professiouai
(lawyer) office area of 1600 sq. ft. occupies the second floor. The
romaining aroas are for accessory storage purposes. The highest
floor (third level) has aiso been storage, as existed since the
inception of zoning in 1957. No occupancy is permitted for other
tb~n storage on the third level, or other than as written in the
Certificate of Occupancy No. Zl1571 issued March 29, 1983 by the
Building Inspector.
7. The rear building is shown as a 2-story frame building with
porch; the first floor is shown to be 811 sq. ft~ and the second
floor 558+- sq. ft., for a total livable floor aroa of 1369+- sq.
ft. The porch area is shown to be 274+- sq. ft. The use has
always been single family, until about the late 1980's. The property
was for at least two years in a foreclosure proceeding, prior to the
applicants' purchase in June 1994.
Page 12- Minutes
Appeal No. 4266 - MICHAEL LIEGEY
Decision Rendered September 7, 1994
BASIS OF VARIANCE REQUEST
8. The basis of the variance application is the August 26, 1994
Notice of Disapproval, in which applicant applied for a building
permit to renovate a nonconforming single-family dwelling structure,
and which was disapproved on the following grounds:
...Under Article IX, Section 100-92,
60,000 sq. ft. of land area required
for 3 uses in an HB District. Action
required by the Zoping Beard of Appeals ....
The August 26, 1994 Notice of Disapproval showed corrections to the
August 9, 1994 Notice of Disapproval which disapproved the same
application on the following grounds:
XXIV, Sections 100-241 and 100-243
A nonconforming building with a nonconforming
use shall not be enlarged, altered, extended,
reconstructed or restored. Action required
by the Zoning Board of Appeals ....
The August 26, 1994 Notice of Disapproval reflected the fact that a
dwelling use is conforming in the HB Hamlet Business Zone District,
however, 20,000 sq. ft. of land area was required for each principal
use. The August 9, 1994 Notice of Disapproval reflected that a
dwelling was a nonconforming use in the HB Hamlet Business Zone,
which was incorrect.
CONCLUSION
9. Based on all of the above, the Beard finds:
a) it is personal knowledge of Board Members that
the rear building had previously been occupied has a single-family
dwellirrg unit, together with a retail store and a single
practitioner's office area as noted in the Certificate of Occupancy
for preexisting buildings;
b) the same livable floor area will again be occupied
as a dwelling unit without an increase in floor area or size, and
that the owners are renovating and improving the building without
removal or demolition;
c) the property has several nonconformities:
nonconforming and inadequate on-site parking although a municipal
parking area is nearby, nonconforming setbacks, muitiple-uses on a
nonconforming lot, excessive lot coverage, all of which restricts any
expansion, major alterations, conversions, etc.
Page 13 - Minutes
Appeal No. 4266 - MICHAEL LIEGEY
Decision Rendered September 7, 1994
10. In considering all the above, the Board also finds:
(a) that the essential character of the neighborhood
will rewaln the same, without adverse change;
(b) that the relief as requested is the minimum
necessary to afford relief under the circumstances;
(c) the difficulties claimed are uniquely related to
the land in that the uses were preexisting, and the changes in
ownership and unintentional abandonment of the residential unit
triggered the requirement for an area variance;
(d) that there is no alternative available which is
feasible for appellants to pursue;
(e) in considering all of the above factors, the
interests of justice will be served by granting alternative relief,
as conditionally noted below.
NOW, THEREFORE, on motion by Member Dinizio~ seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief requested for necessary
renovations and re-occupancy of the rear building for use as a
single-fsmily dwelling unit, as applied and noted above, and
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The occupied floor area for the retail store, lawyer's
office, and dwelling unit shall not be enlarged or expanded except as
authorized by the Codes of the Town of Southold, and nonconforming
.previsions of the Zoning Code;
2. The use and occupancy of the second floor for an office is
limited to that permitted in the March 29, 1983 Certificate of
Occupsncy and only if continuous pursuant to the provisions of the
zoning code pertaining to nonconformities (as determined by the
Building Inspector).
3. Habitable, retail, or office area, shall' not be permitted
on the third level; the third level is restricted to accessory
storage purposes only;
4. The rear building is limited to single-family dwelling use,
or accessory storage purposes, without conversion to retail or
non-resident office area.
5. Compliance with the State Building and Fire Codes which are
Page 14 - Minutes
Regular .Meeting of September 7, 1994
Southold Town Board of Appeals
to be applicable in this project.
Vote of the Board: Ayes: Messrs. Goehringer, ~Doyen, Dini~.io,
and Villa. (Member Wilton was absent. ) This resolution was duly
adopted.
ACTION OF THE BOARD OF APPEALS
Appeal No. 4265:
Application for PETER DeNICOLA. Variance to the Zoning
Ordinance, Article IIIA, Section 100-30A.3 for permission to construct
deck addition to existing dwelling with a setback at less than the
requirement (50 feet). Location of Property: 1694 Chablis Path,
Southold, NY; Lot No. 7 on the Map of Chardonnay Woods; County
Tax Map Parcel No. 1000-51-3-3.7. The subject promises contains a
total lot area of 40,000 square feet.
WHEREAS, a public hearing was held on September 7, 1994, at
which time those who desired to be heard were heard and their
testimony rocorded (no opposition was received); and
WHEREAS, the Board hns carefully considerod si! testimony and
documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises ia question, the prosent use and zone
district, and the surrounding areas; ~nd
WHEREAS, the Board made the following fiadin~ of fact:
1. This is an application for a varinnce to construct an open
(unencloSed) deck addition with a setback of 30 feet from the rear
property llne, at its closest point.
2. The premises in question is known as Lot No. 7 on the
Cluster Development Map of Chardonnay Woods.at Soathold, filed as
Map No. 8822 on September 28, !989 in the Office, of the Clerk of
Suffolk County. T~is parcel consists of a total lot area of .918
acre, or 40,000 sq. ft., is prosently located ia the A-C Zone
District, and is identified on the Suffolk County Tax Maps as District
1000, Section 51, Block 3, Lot 3.7.
3. The amount of relief requested is 20 feet, for a roduction
from 50 feet to 30 feet due to the shape of the lot ~nd the radius of
the setback lines along an arc from Chabll.g Path.
4. In considering this application, the Board also finds:
Page 15- Appeal No. 4265
Application of PETER DeNICOLA
Decision Rendered September 7, 1994
(a) that the new deck addition, as proposed, will not be an
adverse impact to the essential character of the neighborhood,
although the relief requested in this application is substantial in
relation to the 50-ft. setback requirement;
(b) that the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the town, or
be adverse to neighboring properties;
(c) that the addition is not an activity which would cause
an increase in dwelling unit density or cause a substantial effect on
available governmental facilities;
(d) that the addition is not major construction', being an
open, unenclosed deck and 'the applicant has agreed to a restriction in
this respect;
(e) in considering all of the above factors, the interests
of justice will be served by granting the reduction as requested and
further noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Members Doyen and Dinizio, it was
RESOLVED, to GRANT the requested reduction for a 30-ft
setback from the rear property line, at its closest point, and as
shown on the diagram submitted under this application, SUBJECT TO
THE FOLLOWING CONDITIONS:
agreed;
That the deck addition remain open and unenclosed, as
2. That the rear yard setback not be further reduced, and no
other construction extended, unless compliance for the new
construction {outside of the subject deck} is met with the rear yard
requirements of the zoning code (presently required at 50 feet).
Vote of the Beard: . Ayes: Messrs. Goehringer, Doyen, Dinizio,
and Villa. (Member Wilton was absent.) This resolution was duly
adopted.
Page 16 - Minutes
Regular Meeting of September 7, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4258.
Upon Application of THOMAS F. McKENZIE. Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A. 4; 100-33;
100-30A. 2(C) (1), and 100-31C(8) for permi.gsion to locate new
accessory building in the front yard area 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, NY; County Tax Map Parcel No. 1000-117-09-
12. The subject premises contains a total lot area of 28,920 sq. ft.
and fronts along three town streets.
WHEREAS, a public hearing was held on August 11, 1994 and on
September 7, 1994, at which times ali persons who desired to be
heard were heard and their' testimony recorded (pro and con), and
written letters received, pro ~nd con; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familimr with the premi~qes in question, its present zoning, and the
surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. BASIS OF APPEAL. The Building Inspector's Notice of
Disapproval upon which this new Appeal Application is based is dated
June 16, 1994. The Notice of Disapproval is concerning a buiJding
permit application to construct an accessory building and stable in
the front yard and to place housing of horses in a front yard with
reduced setbacks at less than 40 feet from property line(s); ref.
Article IIIA, Section 100-30A.4; 100-33; 100-30A. 2C(1) and
100-31C(8).
2. CODE REQUIREMENTS.
Zoning Code are as follows:
The relevant provisions of the
PagetT- Appl. No. 4258
Matter of THOMAS McKENZIE
Decision Rendered September 7, 1994
100-30A.4. Accessory. buildings.
...Accessory buildings shah be subject to the same
requirements as Section 1D0-33 of the
Agricuitural-Conservation District...
100-33, Subsection A, provides that
. ·Accessory buildings and structures or other
accessory uses shah be located in the
required rear yard~ ..,
and
Article IIIA, Section 100-30A.3- Use regulations, R-40 Zone District,
Subsection C, provides that
"...Accessory Uses are limited to ...Section 100-31C of the
Agricultural- Conservation District..."
and
Article III, 100-31C, Subsection 8, provides that:
·.. (8) Horses and domestic animals other tbnn
household pets provided thnt such nnlmals shall
not be housed within forty (40) feet of any lot line.
Housing for flocks of more than twenty-five (25) fowl
shall not be constructed within fifty (50) feet of any
line...
3. PROPERTY DATA. The premises in question is a corner lot
containing a lot area of 28,920 sq. ft. with frontage along three
town streets: Jackson Street, Third Street, and Main Street (or New
Suffolk Avenue), at New Suffolk, Town of Southold. Contiguous on
the yard remaining, to the east, are lots improved with residences
(CTM Lots 13 and 14), which are closely affected by this project.
Property and building details are more particularly shown on the
sketched map (survey of August 24, 1992 with sketched-in references
by the owner).
4. PROPOSED VARIANCE. The appHcnnt herein is requesting
to locate an accessory building of a size 49.6 feet by 24 feet, for
use as a combination garage for parking of two vehicles nnd-for two
horse/pony stalls. Al.go proposed is a fenced-in horse paddock area
(dimensions which scale out to be an additional 65+- feet by 30 feet
area). Both are proposed to be located entirely in the ~ortherly
front yard area. The horse paddock as proposed is shown to extend
directly to the westerly front property line and approximately 25
feet to the closest easterly property line. The accessory
Page ~.18- Appl. No. 4258
Matter of THOMAS McKENZIE
Decision Rendered September 7, 1994
garage/stable building is also shown proposed at 38.5 feet to the
westerly front property line, 40 feet to the easterly property llne,
and 60 feet from the most northerly front property ilne. The houses
closest to the proposed horse paddock and horse barn are that of
Joseph and Joan Fudjinski, as well as the applicant's dwelling.
5. AMOUNT OF RELIEF REQUESTED. The amount of relief
requested in relation to the Code requirements is substantial, being
100% for the location of housing for horses in a front yard (rather
than a required rear yard), and 100% for the extension of the horse
paddock to the westerly front property line (rather than the required
40 ft. setback).
6. CHARACTER OF SURROUNDING AREA. The neighborhood
consists of many small lots improved with single-family residences.
This area is also a beach community, with nearby Cutchogue Harbor
to the east and Great Peconic Bay to the south.
7. PRIOR APPEALS. The subject property has been the
subject of prior appeals, which were denied for a subdivision into
three lots, under Appeal No. 3503 of November 3, 1986 and Appeal
No. 3581 of August 20, 1987.
8. EFFECTS OF RELIEF REQUESTED HEREIN.
position of the Board that:
It is the
(a) an undesirable change will be produced by the grant
of the relief requested for said uses since this is a front yard
along three town streets which affects the character of thi.~
residential, beach community and nearby residences close to thi.~
parcel;
(b) the use for housing of horses is not necessary and
incidental to the residents of the property;
(c) as noted in paragraph 5 above, the relief requested
is substantial;
(d) the difficulties claimed' are personal in nature to
the landowner rather than due to the ~miqueness of the land since
the owners will not be deprived of reasonable use of the residence
and uses normally incidental to the residence;
(e) the relief, as requested, will in turn have an adverse
effect or impact on the physical and environmental conditions in the
neighborhood and district particularly in light of the activities
necessary for proper care and keeping of the horses and storage of
manure in close vicinity of the neighboring dwellings;
Page 19- Appl. No. 4258
Matter of THOMAS McKENZiE
Decision Rendered September 7, 1994
(f) the relief, as requested, is not the minimum necessary
and adequate and does not preserve and protect the character of the
neighborhood and the health, safety and welfare of the community.
Accordingly, on motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to DENY the relief as requested in this application
in its entirety, for the reasons noted above.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
and Villa. (Member Wilton was absent. ) This resolution was duly
adopted.
Page 2(]- Board of Appeals
Minutes of September 7, 1994
III. OTHER MEETINGS, confirmed for attendance by one or more
board members:
IV.
A. Code Review Committee: Thursday, Sept. 16, 1994 at 7:30
p.m.
B. Planning-Zoning Committee: September 1, 1994 at 3:30 p.m.
MISCELLANEOUS/NEW INSPECTIONS:
A. SEQRA Determinations (per inspections by Board Members):
Appl. No. 4260-4262 -WILLIAM F. GASSER. C.R. 48
and Love Lane, Mattituck. Fence Height, outdoor
display of unlicensed vehicles, and accessory tower
setback. Board discussion and resolution.
Be
Other additional applications, pending review/inspections
and to be determined as Type II Actions under SEQRA:
Appl. No. 4268 - Edward Halpert. Tennis Court and
10' high fence partly in side and front yard area at
2125 Town Harbor Road, Southold.
2. Appl. No. 4269 - Frederick Raymes. Shed, as exists,
in side yard at 704 Wiggins La, Greenport.
C. The following applications were determined to fall within
the "Unlisted Action" category of SEQRA with an uncoordinated lead
agency status (no 'other involved agency):
Appl. No. 4267 filed August 18, 1994 by ANN M. SHANNON.
Lot coverage variance.
Appl. No. 4266 by MICHAEL LIEGEY for reinstatement of
dwelling use with two other principal uses on a
substandard lot.
(Continued on next page)
$outhold Town Board of Appe~
APPEALS BOARD ~EMBERS
21- September 7, 1994 Regular Meeting
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
J~m~ Diniv. io, Jr.
Robert A. Villa
Richard C. Wil~n
~elephone (516) 765-1809
BOARD OF APP~
TOWN O~ SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 4287 Project Name: Ann M. Shsnn0n
County Tax Map No. 1000- 122-2-26
Location of Project: 2775 Msrat00ks Road, Mattituck.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
August 18, 1994
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Addition - 5xceeds 20% 10t c0¥ers§e
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law %44-4 of
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur sho'u]d the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{X } this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. AnEnvironmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site imp_rovements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main.Road, Southold, NY 11971 at (.516) 765-1809.
Southold Town Board of
APPEALS BOARD MEMBERS
Gerard R Goehr~nger, Chai£man
Serge Doyen, Jr.
JAmes Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Ap~ :2-
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Appeal No. ~2~ Project Name: Michael Liegey
county Tax Map No. 1000-~1~-7.1
Location of Project:53860MsJ~R08d, South01d' N.Y.
Relief Requested/Jurisdiction Before This Board in this Project:
"Re~state0nanu~d~izeCparcel" which hast~0existingpr~ipaluses.
September 7, 1994 Regular Meeting
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law $44-4 of
the Town of Southotd.
An Environmental Assessment (Short) Form has been submitted with the
subject application indiCating than no significant adverse environmental
effects are ]ike]y to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written col~ttentS by your agency to be submitted with the next
20 days.
{X ) this .Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental D~sessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of-Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board Of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
Page 23 Board of Appeals
Minutes of September 7, 1994
V. OTHER/MISCELLANEOUS:
A. On motion by Chairman Goehringer, seconded by Member
Doyen, it was
RESOLVED, to approve the Minutes of the following
Meetings of the Board of Appeals:
July 14, 1994 Regular Meeting
June 24, 1994 Special Meeting
June 13, 1994 Special Meeting
June 8, 1994 Regular Meeting.
Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member
Wilton was absent. )
Volunteers or Chairman's appointment of two ZBA Members
on Sub-Committee for lot merger concerns and new code
revision proposals. Sub-Committee to meet on Fri. 9]9 at
3:30 p.m. and again at the Sept. 16, 1994 Code Review Mtg.
Both Members Dinizio and Chairman Goehringer volunteered
as the sub-committee pertaining to the merger (substandard
lot) discussions/draft proposals. (Member Villa will be
away on September 16th.. )
C. PETROL STATIONS, LTD, owner of property identified as
1000-109-1-23 (six acres and improved with two existing buildings,
and uses as noted in the "December 31, 1986 Certificate of Occupancy
for Nonconforming Promises No. Z-I5156"). The ChAirman received a
letter from Petrol Station, Ltd. requesting to withdraw Appeal No.
4195. The August 23, 1994 letter to the Chairman states:
·..Dear Mr. Goehringer,
We have been unable to come to an agreement with our
neighbor regarding the loCation of the right of way
for our subdivision application. Therefore, we have
decided to have our map redrawn so that the improved
lot will have a lot area of 120:,000 square feet to
comply with its three uses. Since we no longer
require a lot area variance, we therefore request
that our varJnnce appliCation be withdrawn...
Very truly yours,
PETROL STATIONS LTD.
Michael E. Gormau... "
Page 24 Board of Appeals
Minutes of September 7, 1994
It was noted that the Building Inspector will need to further
research what the applicant's letter meant "throe uses," particularly
since the Pre-C~O. states: "...Property contains 2-story, one-family
wood framed dwelling; two-story shop, wood-frame garage; 2
sheds; all situated in the 'A' Residential Agricultural Zone with
access to Main Road, a State Road... " It is not known whether
the real estate office preexisted the zoning ordinance. It is
possible that it was not added until the mid to late 1980's - without
town permission since Z.B.A. approval would have been necessary in
the "A" Residential Zone District at that Time. In 1989, the Master
Plan was amended, changing the zoning to RO Residential Office, with
the provision that office use as a principal use requires Special
Exception approval. (No record of ZBA action was found for either
a Special Exception or use variance, and there may be a possibility
that the owner may be permitted an accessory home office use, as an
accessory to the residence, since the residence preexisted zoning in
1957 according to the Pre-C.O. This would be a determination of
the Building In.gpector and the owner, pending on the plan filed for
his consideration.
The Board Members agreed to grant the applicant's request to
withdraw the application pertaining to lot size (lot area) with the
understanding that the new plan or map will meet all zoning
requirements satisfactory to the Building Inspector.
The application was declared withdrawn.
The Chairman confirmed the next Regular MeeTing to be
Wednesday, October 5, 1994 commencing at 7:15 p.m. for the work
session and 7:30 p.m. for the Regular Meeting and Hearings.
There being no other business properly cowing before the Board
at this time, the Chairman declared the meeting adjourned. The
meeting was adjourned at approximately 10:25 p.m.
Respectfully submitted,
Jqpproved - Ge~ard~P. Goehrir/~er , . .
/"- DATE /~/~/~/HOUR ~:/5-~2,