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HomeMy WebLinkAboutZBA-02/22/1991APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING FRIDAY, FEBRUARY 22, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on FRIDAY, FEBRUARY 22, 1991, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge J. Doyen, Member Charles Grigonis, Member James Dinizio, Jr., and Member Robert A. Villa, consisting of all five members. Also present was Board Secretary Linda Kowalski and approximately 30 persons in the audience. The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings in each of the following matters: Appl. No. 3995 - DAVID J. STRUPP. Following the conclusion of this hearing, the Board deliberated and made the following determination: (Continued on next page) Southold Town Board of Appeals -2- February 22, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4003: Matter of DAVID J. STRUPP. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory tennis court and croquet court in an area other than the required rear yard. Location of Property: Private Road, Fishers Island, NY; County Tax Map District 1000, Section 103, Block 3, Lot 005; also referred to as Lot 6 and 5C, Block 18, Map of Chocomount 2. WHEREAS, a public hearing was held on February 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the R-120 Zone District at Fishers Island, with frontage along two sides by a private road and frontage along the northwesterly section by Fishers Island Sound. 2. The subject premises consists of an area of approxi- mately 6.58 areas and is improved with a residence and 31' x 21' garage, accessory swimming pool, two accessory sheds (one of which is to be removed). 3. Proposed by this application is the location of a 60' by 120' tennis court enclosed with a wire fence at a height of 10 feet which is requested at eight (to ten) feet from the northerly property line and at a distance of more than 75 feet Page 3 - ADpl. No. Decision Rendered 3993 February 22, 1991 Regular Meeting from the freshwater wetlands area just southeast of the tennis court area. Also proposed by this application is the location of a croquet court which will consist of an enclosed putting green surface surrounded by two curbings, neither of which will exceed 12 inches in height (and may contain planters for screening and landscaping). Both courts are more particularly shown on the topographical map prepared by Chandler, Palmer & King dated January 3, 1990 and amended lastly July 3, 1990 (#53285). 4. Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard. The subject parcel is considered by the zoning definitions (100-13) a corner lot, having two or more front yard areas. 5. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) the relief requested in not unreasonable; (e) 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. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission in the Matter of the Application of DAVID J. STRUPP under Appeal No. 4003 for the placement of two accessory court structures in the front yard area as noted in paragraph 3, supra, and subject to the following restrictions: 1. That the accessory tennis court be set back not closer than ten (10) feet to the northerly property line (instead of eight); 2. That the accessory structures not be roofed or enclosed with walls (with the exception of the fence area requested; Southold Town Board of Appeals -4- February 22, 1991 Regular Meeting 3. That lighting, if any, must be shielded to the property and not be adverse to neighboring properties or traffic in the area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. (Public Hearings, continued:) ***Appl. No. 4001 - PAUL AND KATHLEEN FORESTIERI; ***Appl. No. 4000 - SALVATORE AND JEANNE CATAPANO; ***Appl. No. 4002 - FRANK C. GILBERT, JR; Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. The hearing was postponed as requested by the applicants until March 22, 1991. ***Appl. No. 3977 - MITCHELL MARKS. ***Appl. No. 4004 - DAVID J. VERITY; ***Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. The hearing was recessed until March 22, 1991 pending receipt of a modified plan as discussed during the hearing. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA). The Board acknowledged receipt of a letter from J. Kevin McLaughlin, Esq. confirming the applicant's request to withdraw the subject application. Motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried, to grant the request of the applicant's attorney and deem the application WITHDRAWN WITHOUT PREJUDICE. This resolution was duly adopted. *** The transcripts of all the above hearings were prepared under separate cover and are attached hereto for future refer- ence. Southold Town Board of Appeals -5- February 22, 1991 Regular Meeting NEW APPLICATION, AS AMENDED: SUN REFINING & MARKETING. Receipt was acknowledged of the recent application and related papers concerning SUN REFINING's request for the Board to consider the sole issue of whether or not to permit theproposed deli counter slicing machine, for the purpose of slicing cold cuts, and for the preparation and sale of sandwiches, at variance from the Special Exception conditions under Application No. 3788 decided February 22, 1991, more particularly Conditions No. "2" and "7." Motion was made by Mr. Dinizio, seconded by Mr. Goehringer, and duly carried, to adopt the following resolution: BE IT RESOLVED, that upon receipt of a formal application and new filing fee in the amount of $300.00, a public hearing will be permitted to be held before the Board of Appeals at its Regular Meeting calendared for FRIDAY, MARCH 22, 1991 concerning the request of John M. Wagner, Esq. in behalf of SUN REFINING & MARKETING CO. to consider the "...sole issue of whether or not to permit the proposed deli counter slicing machine, for the purpose of slicing cold cuts, and for the preparation and sale of sandwiches," and BE IT FURTHER RESOLVED, that the legal notice of the formal application be limited to the above issued. It was confirmed that the application and fee must be received not later than Monday, March 11, 1991 in order to meet the deadline for advertising same for the March 22, 1991 hearing calendar. HEARING CALENDARED FOR MARCH 8, 1991: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to calendar the Matter of Appl. No. 3970 - McDONALD'S CORPORATION for the requested Special Exception with drive-thru window service for a public hearing to be held by the Board of Appeals for FRIDAY, MARCH 8, 1991 commencing at 7:30 p.m., to be Southold Town Board of Appeals -6- February 22, 1991 Regular Meeting (RESOLUTION - Hearing for March 8, 1991, continued:) held at the Southold Town Hall, Main Road, Southold, New York, and BE IT FURTHER RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise notice of same in the Long Island Traveler-Watchman and Suffolk Times, Inc. on or before March 1, 1991. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. HEARINGS CALENDAR FOR MARCH 22, 1991: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to schedule the following matters for public hearings to be held at the Southold Town Hall, Main Road, Southold, New York, before the Board of Appeals on FRIDAY, MARCH 22, 1991 commencing at 7:30 p.m.: Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. and BE IT 4008 - Tony and Marie Kostoulas 4006 Eric and Mary Ann Alexander (recessed from 2/22) 3988 - Antonio Vangi (recessed from 11/29/90) 4013 Carmine and Venusta Carnevale 3998 - Henry and Mary Raynor 4005 - Thomas Kelly and Nancy Iannicelli (continued from 2/22/91) 4007 - John F. Garry 4009- Alex Homayuni, Charles Kapotes and Others. 3981 Phyllis Rayne Byer FURTHER RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise notice of same in the Long Southold Town Board of Appeals -7- February 22, 1991 Regular Meeting (RESOLUTION, continued:) Island Traveler-Watchman and Suffolk Times, Inc. on or before March 1, 1991. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. REHEARING REQUEST DENIED: Appl. No. 3939 - GEORGE SCHNEIDER. The Board Members reviewed the application by Mr. Schneider giving his reasons for requesting a rehearing. A motion was offered by Mr. Doyen, seconded by Mr. Grigonis, to grant the application in order to reopen Appeal No. 3939 (for a rehearing), and the following vote was taken: Ayes: Goeh- ringer, Doyen and Grigonis. Nayes: Dinizio and Villa. An unanimous vote of all the members present, with not less than the required majority, was not received as required by Town Law, Section 267 for a rehearing. The Chairman was authorized to send a letter to Mr. Schneider indicating that the rehearing request is deemed to be denied. ENFORCEMENT MATTERS IN GENERAL: The Board Members discussed enforcement of ZBA decisions generally. The Board confirmed that any matter needing enforcement by way of a legal proceedings is via the Town Board, who must authorize the appropriate "police power" to the Building Inspector (as per Town Law and Section 100-280A of the Town Zoning Code.) The same authority is granted in enforcement of ZBA conditions rendered in an "appeal" process as is granted to the Building Inspector in the issuance of a Notice of Disapproval. Southold Town Board of Appeals -8- February 22, 1991 Regular Meeting COMMITTEE REPRESENTATIVE: Member Dinizio discussed his recent attendance at the Library concerning the U.S.-U.K. Countryside Stewardship Exchange Program. The Supervisor and five council people, a member of the Planning Board, a member of the Zoning (COUNTRYSIDE EXCHANGE, continued:)Board of Appeals, and a Trustee will be regarded as full members of the Organizing Committee for the Exchange. In teams of eight with four from each country, the }exchange consultants" disperse to sites to tackle tough problems of growth that threaten countryside values. The Exchange is designed to 1) stimulate discussion about linkages between local economic sustainability and protection of community character and countryside values, and the means to achieve these, 2) to promote the sharing of information and expertise on countryside stewardshyip; and 3) facilitate and expand cooperative actions to protect rural landscapes and community character. This year's exchange will take place July 13 - 20, 1991. The Board agreed to appoint Robert A. Villa, and James Dinizio, Jr. as alternate, as a representative in behalf of this Board. (A committee meeting is scheduled for March 11, 1991 at 4:30 p.m. at the Cutchogue Library.) Mr. Villa and Mr. Dinizio said they would both be happy to be a representive in behalf of the ZBA at these meetings. COUNTY PLANNING UPDATES: Receipt was acknowledged of seven responses recently received concerning referrals to the Suffolk County Planning Commission from the last agenda. Five applications were approved, and two applications disapproved. COUNTY PLANNING - MATTER OF VILLAGE MARINE: New Board Member Robert A. Villa confirmed that he has become fully familiar with the record before the Board of Appeals, the site in question, the project as proposed, after visiting the premises and reading the entire record, including the verbatim and written portions of the hearings record. (Chairman Goehringer abstained from discussions and the vote.) A discussion was held, and the following was adopted: -9- RESOLUTION FEBRUARY 22, 1991 REGULAR MEETING WHEREAS, the Board of Appeals rendered a two-fold determination on November 29, 1990, in the Matter of the Application of VILLAGE MARINE under Appl. No. 3938, and filed in the Town Clerks's Office on December 4, 1990; and WHEREAS, pursuant to Section A14-23 of the Suffolk County Administrative Code, a referral was submitted on December 4, 1990 to t~e Suffolk County Department of Planning, which has jurisdiction within 500 feet of an estuary or creek extending from Peconic Bay; and WHEREAS, the Suffolk County Department of Planning at its January 9, 1991 meeting, reviewed the subject application filed with the Board of Appeals for the construction of a 11 ft. by 102 ft. boat rack structure at approximately 19 feet high, and a 60 ft. by 40 ft. addition, requiring setback variances for the side yard, rear yard, bulkhead, and easterly (front) yard, reduction of parking and landscaping requirements under the new zoning regulations adopted January 11, 1989 in this new Marine I Zone District designation; and WHEREAS, at its January 9, 1991 meeting, the variance application was disapproved for the reasons noted in its letter dated January 10, 1991; and WHEREAS, at its February 22, 1991 Regular Meeting, Board Member Robert A. Villa confirmed that he has familiar with the premises and building areas under consideration and has personally visited the subject premises, that he has read the entire record, including the verbatim and written portions of the hearing record, and that he is fully familiar with the subject application and its record before the Board of Appeals; and WHEREAS, the disapproval with five reasons adopted by the Suffolk County Planning Commission were reviewed and discussed at length by all four voting members present, constituting a majority plus one of the members present; WHEI~EA~, it was aesermlne~ by the Board or App~a±s t~ override the disapproval of the subject application before fhe Board of Appeals as adopted January 9, 1991 by the Suffolk County Planning Com~ission, and REAFFIRMS its decision, with conditions and restrictions as rendered on November 29, 1990 under Appl. No. 3938 in the Matter of VILLAGE MARINE, reiterating and reaffirming the same findings and reasons as noted therein; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the Board of Appeals does hereby OVERRIDE the disapproval of the entire application filed by Village Marine for variances under Appl. No. 3938, as rendered Janu- ary 9, 1991 by the Suffolk County Department of Planning, and hereby REAFFIRMS the decision, with conditions and alternative relief for the proposed addition, and denial for the separate accessory boat-storage rack, all as rendered by the Board of Appeals on November 29, 1990. VOTE OF THE BOARD: AYES: Messrs. Grigonis, Doyen, Dinizio and Villa. (Chairman Goehringer abstained.) This resolution was duly adopted by a majority-plus-one vote of the entire five-member board. (Vote as required under the Suffolk County Administrative Code was sufficient to pass and override the County's disapproval of the entire application.) Southold Town Board of Appeals -1]- February 22, 1991 Regular Meeting There being no further business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:45 p.m. Respectfully submitted, RECEIVED AND FIkED BY THE SOUTHC, LD TO~,,,I~ CLLii(