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HomeMy WebLinkAboutZBA-03/28/1995 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING TUESDAY, MARCH 28, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 A Special Meeting of the Southold Town Board of Appeals was held on TUESDAY, MARCH 28, 1995 commencing at 7:15 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Absent was: Serge Doyen, Jr., Member, due to prior commitment and distance involved. The Chairman called the meeting to order at 7:20 p.m. I. The Board Members discussed the following matter. All Members were requested to visit the site and report each individual evaluation to the ZBA office or to the Chairman, for a reply to tho Town Trustees within the next few days: A) Coordination by Town Trustees to ZBA Re: Barbara Miiler New dwelling proposed at Paradise Point. (Variance will be required for insufficient bulkhead setback along Southold Bay for house apparently due to location of proposed swimmingpool. ) Member Villa indicated he would like to review a copy of the building plans as it relates to the property and the contours. The Chairma,x agreed to send a memo to the Town Trustees after inspection by ZBA Members and their input is received. II. Board Member Reviews and Upcoming Inspections were requested. Page 2 - Minutes Special Meeting of March 28, 1995 Southold Town Beard of Appeals On motion by Chairman Goehringer, seconded by Member Villa, and duly carried, the following applications were calendared and authorized for advertising at a Regular Meeting and Public Hearings to be held TUESDAY, APRIL 11, 1995 instead of Wednesday, April 5, 1995: 1. 7:30 p.m. Appl. No. 4303 - STANLEY and JANICE FLISS. Request for Variance under the Zoning Ordinance, Article X, Section 101C(1) (ref. accessory provisions, Section 100-33} for permission to locate building for garage with woodshop and sto~rage use incidental to the principal use, presently single-family dwelling, in the westerly side yard area and partly in the rear yard area. The subject premises is located in the B-General Business Zone District and is known as 565 Old Main Road, Mattituck, NY; County Tax Map ID No. 1000-122-7-2. 2. 7:35 p.m. Appl. No. 4305 - DERRICK D. CEPHAS. Application based upon the March 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article XXIII, Section 100-231 for permission to erect 10 ft. high fencing around proposed tennis court in a front yard area. The subject property fronts along Orient Harbor and is known as 1600 King Street, Orient, NY; County Tax Map ID #1000-26-2-42.2. This lot contains a total area of 7.5 acres and is known as Lot 2 on the Subdivision Map of Major Terrace approved on July 9, 1990. 3. 7:40 p.m. Appl. No. 4304 - WILLIAM AND JANET WALSH. Application based upon the March 2, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4B for permission to construct an addition to existing dwelling with a setback at less than the required 75 feet from existing bulkhead. Property ID: 1555 Fleetwood Read, Cutchogue, NY; County Tax Map Parcel No. 1000-137-4-34. This lot has a nonconforming lot area of 12,875 sq. ft. and lot width of 50 feet. 4. 7:45 p.m. Appl. No. 4306 - SCOTT RUSSELL, Seller (for John and Jean Stroh, New Owners). Application based upon the March 29, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article III-A, Section 100-30A.3 for permission to construct an addition to existing dwelling with a setback at leas than the required 15 feet from the northerly side property line. Property ID: 1050 Pine Avenue, Southold, NY; County Tax Map Parcel No. 1000-77-3-2. This lot is also referred to on the Map of Goose Bay Estates filed 11/13/34 as lots #50, 51 and 51, combined with a total lot area of 7500 sq. ft. and lot width of 60 feet. Page 3 - Minutes Special Meeting of March 28, 1995 Southold Town Board of Appeals Vote of the Board: Ayes: Messrs. Dinizio, Vill~, Tortora, and Goehringer. This resolution was duly adopted. III. Ch. 71 Special Public Event Permit - (see Resolution below). The Secretary presented a draft form with draft instruction sheet previously for Board Members comments. Member Villa suggested we contact the Police Chief to ask their input or assistance from time to time. The Secretary indicated that the Town Attorney has already made these arrangements possible for all the Departments involved (Building and ZBA), but the Chairman probably would send notification as the permits are reviewed - on a oase-by-oase basis. Members Villa, Tortora and Goehringer recommended adding the following as paragraphs 10, 11 and 12 to the draft form: 10. Issuance of this permit does not authorize in any manner occupancy of the principal building exceeding the legal limitations under the fire code, or other codes which would prohibit such increased occupancy. 11. Two fire exits shall remain open and unobstructed at all times to building(s) on the property. 12. Owner assures that all fire, safety, building, and other laws shall be complied with. On motion by chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize use of the new form for Special Events at a Winery, as regulated by Chapter 71 of the Code of the Town of Southold, and new instruction sheet as prepared and amended to included Nos. 10, 11 and 12, infra, and signature lines by three ZBA members authorizing approval. Vote of the Board: Ayes: Members Diuizio, Villa, Tortora, and Goehringer. This resolution was duly adopted. INSPECTION REPORTS. Board Members were asked to update the file, or at least update the ZBA staff persons or the Chairman ff different or new circumstances are found at the site when an inspection done. The Board Clerk also asked the ZBA to contact the office at least once a week by telephone for updates, or to report Page 4 - Minutes Special Meeting of March 28, 1995 Southold Town Board of Appeals additional inspection findings especially since there are changes in committee meeting dates and new material and documentation are delivered to the office regularly and placed in Board Member boxes dally. DISCUSSION AND REMINDER: Re: New Merger Law as Drafted by Town Attorney's Office. Reminder that Board comments are still welcome and requested by the Town Attorney. This draft was prepared in late 1994 and is expected to be advertised in the near future. BULK SCHEDULE CHANGE RECOMMENDED: The Board Secretary asked if the Board Members would consider recommending a change to the Town Board on the minimum requirement for a front yard setback in the R-120, R-200 and R-400 zones, from the present 60 feet to R-120 feet. The present setback is the same as the R-80 zone, although the other setbacks in the R-120 zone were greater. Member Dinizio asked how this came up, and the Board Secretary said she has been working with the Planning and Town Attorney on a draft merger setback schedule for nonconforming lots, and the 60 ft. setback appeared to be an error. After discussions, all members agreed to recommend this change. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to recommend to the Town Board the following change in the Zoning Code under the bulk schedule pertaining to the minimum front yard setback requirement in the R-120, R-200 and R-400 columns to be 75 feet instead of 60 feet, for the following reasons; a) a 75 ft. front yard will coincide with the degree of increase relative to other setbacks in the same zones; b) increased setback will allow for especially since most applicants place their (minimum) setback permitted from the road; future road widening, dwellings at the closest c) allows for future expansion of the dwelling, such as a sun porch in the front of the dwelling without encroaching into a 60 ft. front yard established line in most areas; d) will help to discourage variances when more land is available in a front yard area as alternative areas to expand or build - especially for waterfront parcels where accessory buildings are permitted in a front yard area; Page 5 - Minutes Special Meeting of March 28, 1995 Southold Town Board of Appeals e) there is an average which is available within 300 feet of both sides on the same block, established by established nonconforming setbacks along the front yard; f) a 15-ft. front increase is not difficult to obtain because the property is of a conforming size at 600 feet deep and 200+ ft. wide. Vote of the Board: Ayes: Members Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted. COMMITTEE MEETINGS REMINDER: TDR Committee - Sessions for April 5 and April 19 at 7 p.m. Planning & Zoning - March 31st Re: CR 48. (None set for April as yet) Code Review Committee - none set as yet. Town Attorney Sessions - The Secretary reported that she attended the last two sessions. On March 17th discussions were about SEQRA updates and laws pertaining to Towns generally. Our next session is expected to be about jurisdiction of the Planning Board. The ZBA Members were asked to attend the following session on Friday, May 26th at 12 noon for ZBA jurisdiction discussion. The Secretary confirmed that she may be away for the long weekend, and would like to have a board member in her place if possible on May 26th. NEXT MEETING OF ZBA - Reminders and Confirmation: Tuesday, April 11, 1995 at 7:15 p.m. (Co~ffirmed) Wednesday, May 3, 1995 at 7:15 p.m. (No change requested). SECTION 809 MUNICIPAL LAW OF THE STATE OF NEW YORK - DISCLOSURE REGULATIONS: The Chairman previously asked the Board Secretary to distribute copies of New York Municipal Law pertaining to Disclosures be handed out to all Members for their information. It was noted that violation of the law is a Page 6 - Minutes Special Meeting of March 28, 1995 Southold Town Board of Appeals misdemeanor and should be at least of knowledge to everyone on the Board. Member Dinizio mentioned that he believed the new Town Code of Ethics replaced the State Law, which is not so. (Recently, Mark MacDonald resigned from the Planning Board and committees and it was understood that a legal opinion was obtained from the State indicating that his business doing test holes, etc. and his membership on the Planning Board were compatible and therefore would present possible conflicts and]or improper appear~ance. ) Municipal law, Section 809, and relevant rules were not previously distributed to board members for their knowledge. The Board Secretary also advised the Board Members that the Town's new Code of Ethies was adopted by the Town Board at their last meeting, and that a formal request is expected within the next day or so for written disclosure by Beard Members. Member Dinizio indicated he has already completed the form that was advertised as part of the local law. The Board Secretary gave copies of Section 809 of the Municipal Law to all the Beard Members. SEQRA - Type II Declarations were confirmed by the Chairman and Board Members on the following matters: Application of Stanley Fliss for a building ill a side yard. Application of Willimm and Janet Walsh for a deck within 75 feet of the existing bulkhead. Application of Derrick Cephas for 10 ft. high fencing around proposed tennis court in a front yard. Application for John and Joan Stroh for a proposed porch addition with a reduced side yard setback. Ayes: Ali. ZBA SPECIAL EXCEPTIONS ISSUED IN PAST YEARS FOR OFF-PREMISES, DIRECTIONAL SIGNS: The Board Secretary explained the errors found in the recent publications of a local newspaper pertaining to ZBA letters that went out to all groups (church, civic, etc.) about their special exception approvals. The letters were sent as a courtesy to let those groups know that if they have not obtained permits from the Building Department in previous years for those signs, then the Special Exceptions will expire on or about April 30, 1995. A church in Cutchogne objected to the fact that a permit from the building department could costS50.00. The church did not have the signs in place (one on the Main Road and the other on CR 48), and apparently did not wish to replace them - with or without the $50.00 permit fee. Our office wanted to give them that opportunity if they changed their mind before April 30th. Page 7 - Minutes Special Meeting of March 28, 1995 Southold Town Board of Appeals The Beard Secretary said she was interviewed by the reporter for the newspaper, in person, and she confirmed the purpose of the letter, but the newspaper chose to write their own "story" instead of fact. ADDITIONAL LETTERS Re: Special Exception and Valid Permits. Motion was made by Member Tortora, seconded by Member Villa, and duly carried by all, to SEND the remaining letters to applicants subject to Member Villa's inspection of the signs within the next 10 days, if possible, since the permits must be applied for at the Building Department before April 26th or so. This resolution was duly adopted. There being no other business preperiy coming before the Beard at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 8:50 p.m. Respectfully submitted, walski 4/6/95 /Approved - G~rd ~P. ~Goe~l(inge--~- / Chairman 4/ ~ /95 RECEIVED AND FILED BY THE SOUT~iC'LD T©WH CLERK DATEL -/$--?Y HOUR/°~ as- Town Clerk', Town of [.outLc] {