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HomeMy WebLinkAboutZBA-01/23/1992APPEALS 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 MINUTES REGULAR MEETING THURSDAY, JANUARY 23, 1992 SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, JANUARY 23, 1992at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Assistant Absent was: Serge Doyen, Jr., F.I. Member (excused from attendance due to poor weather conditions). The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings on the agenda, (as noted below). For the verbatim statements made at the hearings, please see transcripts prepared under separate cover. PUBLIC HEARING: (1) 7:30 p.m. Appl. No. 4073 - MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 1, Lot 24.5. (Mr. and Mrs. Cummings were both present with David Dowd, their friend, who spoke in behalf of the applicants). (No objections were voiced during the hearing from persons in the audience.) Following the hearing, the Board took favorable action, for which the findings and determination continue on the next three pages. S0uthold Town Board of Appeals -2- January 23, 1992 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4073: Matter of MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. WHEREAS, after due notice, a public hearing was held on January 23, 1992, and 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants request permission to situate a 20 ft. x 15 ft. accessory garage building, replacing a previously existing garage at the southeasterly yard area close to the existing dwelling, to a position in the southwesterly yard area at not less than 40 feet from the front property line along "Private Road" and at not less than five (5') feet from the westerly (side) property line. 2. The premises in question is a described parcel of land containing a total nonconforming lot area of approximately 22,080 sq. ft. and nonconforming lot width of 119 feet in this R-80 Residential Zone District. This parcel is improved with a single-family, 1-1/2 story frame dwelling situated at 45-1/2 feet at its closest point from a private road referred to as "Basin Road," and at 65+- feet from the edge of the rear deck to the tie line along ordinary high water mark of Peconic Bay (see survey map as amended May 21, 1990 prepared by Roderick Van Tuyl, P.C.). Page 3 - Appl. No. 4073 Matter of EDWARD M. CUMMINGS Decision Rendered January 23, 1992 3. Article III, Section 100-33 of the Zoning Code provides that accessory buildings shall be placed in the required rear yard, subject to a maximum height limitation at 18 feet, etc. 4. The rear yard area of this parcel is in the board's opinion not a feasible location to place an accessory building due to the variations of contours from the bluff line at 24 feet above mean sea level {MSL) to a five ft. contour (within a 33 ft. distance). To locate this accessory building in the rear yard would require not only variances from Section 100-239.4 of the zoning code, but also would require variances from the N.Y.S. Department of Environmental Conservation for a wetlands permit and Southold Town Trustees under the Coastal Zone Management Laws before issuance of any permits may be considered. 5. This accessory building is proposed to be used for garage and storage purposes which are accessory and incidental only to principal dwelling, and although electricity will be utilized, no plumbing facilities will be installed. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and buildings and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not be an increase of dwelling unit density or cause a substantial effect on available governmental facilities since the building is a garage and storage facility related to the existing dwelling and will not be used for habitable purposes; (d) the relief requested is not unreasonable due to the uniqueness of the property; (e) there is no alternative for appellants to pursue other than a variance; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since there are other accessory buildings located in the front yard area for parcels within the immediate vicinity (see Appl~ No. 3229 rendered 5/17/84 {Griffo} and Appl. No. 1467 rendered 9/30/71 (Daves). Accordingly, on motion by Mr. Goehringer, seconded by Southold Town Board of Appeals -4- January 23, 1992 Regular Meeting (Appl. No. 4073 - CUMMINGS decision, continued) Mr. Grigonis, it was RESOLVED, to GRANT a Variance to locate a 15' by 20' accessory one-car garage in the front yard area as applied with a setback at not less than 40 feet from the front property line along Basin Road (private road) and at not less than five (5') feet from the westerly (side) property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage structure be used strictly for storage and garage purposes, accessory and incidental to the principal dwelling use of the premises; 2. That electrical utilities may be installed (no plumbing bathroom facilities); 3. That the garage structure not exceed the height provisions of the code (18 feet). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, DInizio and Villa. (Member Doyen was absent due to poor weather conditions.) This resolution was duly adopted. PUBLIC HEARINGS (continued): (2) 7:40 p.m. Appl. No. 4079 - GEORGE STORMS. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for approval fence areas which will be in excess of the four,foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (Mr. Storms spoke in behalf of his application -- see verbatim transcript prepared under separate cover for reference. Ron White, fence contractor, also spoke concerning a nearby tennis court fence at 8 ft. high. Photographs were submitted of the fence, recently constructed, for consideration in this variance application.) The hearing was concluded, pending further review by the board and decision expected at the next meeting. (3) 7:50 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to the Zoning Ordinance, Article IX, Sections 100-91A and Section 100-92, Bulk, Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot. area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (Marie Ongioni, Esq. appeared with the applicant. See verbatim transcript for statements during hearing.) The Chairman requested an interior viewing of the building for Saturday, February 1, 1992 at 10:00 a.m. Mr. Herbert agreed to make arrangements with the tenants and would confirm in the next day or so. The hearing was not concluded and will be reconvene~ at a date determined by the Chairman after inspections. So~thold Town Board of Appeals -5- January 23, 1992 Regular Meeting (Public hearings, continued:) (4) 8:00 p.m. Appl. No. 4077 THOMAS MONSELL. The public hearing on this matter was postponed without a date as agreed by Marie Ongioni, Esq., attorney for the applicant. (The Planning Board yesterday sent correspondence requesting a postponement of the hearing since they would like to question the applicants about the history of title and easements over Monsell Lane.) This is an application for variances to the Zoning Ordinance, Article IIIA, Section 1Q0-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots ~1, ~2 and 93, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of-way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick VanTuyl, P.C., L.S. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Property: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, containing a total area as exists of 3.0 acres. The hearing was not held and will be readvertised. (5) 8:05 p.m. Appl. No. 4047 - ETHEL H. BETZ. This hearing was reconvened from December 16, 1991 as requested by adjacent property owner). This is an application for a variance to the Zoning Ordinance, Article III, Section 100-30A and Section 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, as conveyed by deeds in 1951 and 1956. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. Mrs. Bjenknes, adjacent property owner, appeared and spoke in opposition to the application. Rudolph H. Bruer, Esq. appeared and spoke in behalf of the application. (See verbatim transcript of all hearing statements.) Following receipt of testimony, the Board requested information from Mr. Bruer concerning the number of single lots with existing dwellings (to be furnished within the next two weeks if possible). The verbatim portion of the record was declared concluded (closed as to further testimony). (End of Hearings) ~outhold Town Board of Appeals -6- January 23, 1992 Regular Meeting ENVIRONMENTAL DECLARATIONS (SEQRA): On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declara- tions as noted on the following pages hereof, which declarations are 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: (Agenda Item IV -A) TYPE II ACTIONS applicable): (coordination and processing not 1. Appl. No. 4076 - Mr. and Mrs. Warren Hufe 2. Appl. No. 4074 - Sukru Ilgin 3. Appl. No. 4077 - Thomas Monsell 4. Appl. No. 4078 - George Storms Vote of the Board: AYES: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen was excused due to poor weather conditions.) This resolution was duly adopted. UPDATE: Appl. No. 3913 - GUSTAVE WADE. The Board Members were given copies of the Draft Environmental Impact Statement delivered by Enconsultants, Inc. in behalf of the applicant. It is the consensus of the Board at this time to transmit one copy/set of the Draft Environmental Impact Statement (DEIS) to Cramer, Voorhis and Associates, our town environmental consultant under this SEQRA process, in order that a review and evaluation report be commenced concerning the adequacy, completeness and content of the DEIS (before acceptance or non-acceptance). It was also agreed that the Board of Appeals will be the main office for agency coordinations, with copies to the Town Trustees as co-lead agency in this project, and will be the only agency collecting fees under all SEQRA reviews in this project. Southold Town Board of Appeals -7- January 23, 1992 Regular Meeting DELIBERATIONS/DECISION: Appeal No. 4067: Upon Application for PAOLO LAVAGET~X). Variance to the Zoning Ordinance, Article IIIA, Section 100-30A (Section XXIV, Section 100-244B) for permission to construct garage and storage addition with reduction in the (westerly) side yard setback on this corner lot. Location of Property: South Side of Mason Drive and the West Side of Broadwaters Drive, Cutchogue; County Tax Map No. 1000, Section 104, Block 7, Lot 7. WHEREAS, after due notice, a public hearing was held on December 16, 1992, and all persons 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District 1000, Section 104, Block 7, Lot 7, as a nonconforming, substandard lot of 17,287 sq. ft. and frontage along the south side of Mason Drive of 75 feet. 2. The subject premises is improved with a two-story, single-family dwelling and accessory concrete patio, all as shown on the March 21, 1991 survey prepared by Peconic Surveyors, P.C. for the applicant. The setbacks of the dwelling as exist are shown on the survey to be 14.3 feet from the easterly (front) property line, 115+- feet from the north (front) property line, and 45+- feet from the wood bulkhead located to the south of the existing dwelling. 3. Article IIIA, Section 100-30A of the current zoning code (as amended January 10, 1989) provides for minimum side yards at 15 and 10 feet, inclusive of automatic relief provided for under Article XXIV, Section 100-244 pertaining to nonconforming lots having less than 20,000 sq. ft. of land area. Southold TowD Board of Appeals -8- January 23, 1992 Regular Meeting 4. By this application, the applicant is proposing to construct a new 22' by 32' two-story addition (garage with storage) at the northwest corner of the dwelling extending 6'6" into the side yard and leaving an insufficient sideyard setback at seven (7') feet. (Also shown is a proposed 15' x 16' sunroom in the front which will maintain the same side yard setback as the existing dwelling.) The westerly (side yard).setback of the existing dwelling is shown on the survey to be presently 14 feet. 5. For the record, it is noted that: (a) the subject premises is nonconforming as to total lot area and the front yard setback of the dwelling~is nonconforming to the east at 24.2+- feet having been granted permission on November 23, 1962 under Appeal No. 528 {for Irma Merrill}; (b) the lot in question is a corner lot with two front yards, one side yard, and one rear yard; (c) the extension of 6'6" into the existing side yard will not change the character of the area and is minimal under the circumstances; (d) there shall be no nonconforming setback expansion, extensions or increase in the size of this nonconformity as restricted by Section 100-242A of the current zoning code regulations {unless this provision is amended by legislative action at some time in the future to permit an increase in the degree of nonconformity} unless approval is granted by the Board of Appeals; (e) the subject two-story garage addition at the northerly end of the dwelling and the proposed sun room addition at the south end of the dwelling both will not exceed the maximum total coverage of the lot, inclusive of the existing dwelling area, which is limited by code to 20% of 17,287 sq. ft., or 3460 sq. ft. for all buildings (accessory and principal). 6. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since only one principal dwelling will continue; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance, as alternatively granted; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated reasonably with some method feasible to the appellant to pursue, other than a variance; (e) that it is not unusual for parcels having a narrow width at -9- 75 feet or less to need some relief in the side yard; (f) that 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 granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to GRANT ALTERNATIVE RELIEF with a setback from the easterly side property line at not less than eight (8) feet {instead of the requested seven feet} for the proposed 22' x 32' two-story garage addition. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Absent was: Member Doyen due to poor weather conditions.) This resolution was duly adopted. GG:lk $outhold Town Board of Appeals -10- January 23, 1992 Regular Meeting ~ION OF THE BOARD OF APPEALS Appl. No. 4065: Application of PELLEGRINI WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-31B.13 for permission to establish winery and related uses and its location for the production and sale of wine produced from grapes primarily grown in the location of this vineyard. Location of Property: North Side of Main Road (State Route 25), Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski, east by Carnation Properties, south by Main Road. WHEREAS, after due notice, a public hearing was held on December 16, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception under the provisions of Article III, Section 100-31B.13 for permission to establish the production and retail sales of wine produced from grapes primarily grown on the subject vineyard, commonly referred to as a winery. 2. Floor plan and site plan maps filed November 14, 1991 for consideration by the Board of Appeals were prepared by Samuels & Steelman, R.A. (lastly dated 10/30/91). 3. The applicants, Robert Pellegrini and Rita J. Pelle- grini, are the owners of this 36 acres (as shown by a deed dated April 30, 1991). This 36-acre tract of land is identified on the Suffolk County Tax Maps as 1000-109-1-8.7 and is located in the '$outhold Town Board of Appeals -11- January 23, 1992 Regular Meeting "A/C" Agricultural-Conservation Zone District with 372.89 ft. (at a tie line) along the north side of the Main Road (State Route 25), Hamlet of Cutchogue. 4. With the exception of a small, one-story gazebo structure, the premises is vacant and has been used agriculturally as a grape vineyard. 5. The following data is noted for the record: (a) proposed building areas as shown on the A-1 Floor Plan revised 10/29/91 for: (1) wine tasting room 28' x 50' plus display area, tasting area and bar, toilet rooms, stair, office mezzanine, and other accessory areas; totaling 1550 sq. ft.; (2) case storage area 33' x 43'; (3) bottling room, ~empty-case storage, hall, employee lounge and accessory areas, 33' x 56'; (4) fermentation room, mezzanine, vineyard manager area, 33' x 81'; (5) courtyard, walkway and entry areas, all as shown on the ground level plan; (6) subsequently on January 10, 1992, the agent/architect for the owners furnished a letter giving a breakdown of three major components with square footages. {In making this determination, reliance was made on the documentation in the file as of the date of the closing of the hearing, although the January 10th letter reiterates many of the statements made during the public hearing as well as combined square footages of three components major to the operations}. (b) a Negative SEQRA Declaration dated December 23, 1991 was determined by the Southold Town Planning Board, as lead agency. 6. It is the position of this Board that activities and operations of the winery with a minimum setback of 60 feet plus an additional 20-ft. buffer (for an 80 ft. setback) from the front property line is necessary along this State Highway, for several reasons. To the west of this parcel is a blind curve in the main highway (State Route 25). This highway is a heavily traveled state road and it is known that throughout the years this curve has been prone to accidents (police reports, etc.). It is also personal knowledge of the board that westerly sections '$outhold Town Board of Appeals -12- January 23, 1992 Regular Meeting of this highway have been widened by the N.Y.S. Department of Transportation over the past five or six years, and that turning lanes have been documented. The shoulder areas are not sufficient to handle sudden turning and it is known that turning lanes have become necessary - especially for increased traffic areas resulting from new commercial operations, including public assembly during winery events, during special seasons, classes for the public, or other public assemblies related to the winery operations. (It may become necessary in the event this winery is expanded or its activities increased to address traffic issues and request a Traffic Study under the N.Y.S. Environmental Quality Review Act, for all state, county and town agencies to evaluate.) It is also noted that a setback at not less than 80 feet for all buildings is necessary since the areas accessory to the principal building are located partly in the side yard. An open courtyard and covered walkway areas separate the production area from the accessory storage and tasting buildings. Accessory uses are required to be in the rear yard only, and the rear yard area technically is that area to the north of the production building (where grape vines and gravel drive areas are proposed). Accessory uses and structures are not permitted in the side yard or front yard areas. An additional 20 ft. buffer added to the 60 ft. front yard setback is not unreasonable in light of the size of this parcel (36 acres) and the effects of the activities conducted as part of the winery use. 7. In considering this application, the Board finds and determines that the conditional grant of this use: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) is in harmony with and will promote the general purposes and intent of zoning. 8. The Board has also considered subsections (A) through (F) of Article XXVI, Section 100-263, as well as subparagraphs A through P of Section 100-264 of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception in the Matter of Application No. 4065 (PELLEGRINI WINERY), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed buildings, structures and related winery activities be located a minimum of 80 feet from the southerly (front) property line; 'Suuthold Town Board of Appeals -13- January 23, 1992 Regular Meeting 2. That the easterly yard area be screened at a height of not less than three feet, from a point approximately 60 feet from the front property line running in a north/south direction a distance of 135 feet (to the end of ramp area), and be continuously maintained; 3. Ail winery activities and operations must be located at least 80 feet from the front property line; 4. That the principal building shall meet the same height requirements as that established in the zoning code for a principal residential structure, to wit: not exceeding 35 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to poor weather conditions). This resolution was duly adopted. ~outhold Town Board of Appeals -14- January 23, 1992 Regular Meeting OTHER REVIEWS and UPDATES: [1) Appl. No. 4072 - VARULJAN ARSLANYAN. Proposed deck and inground pool with closest construction at less than seven feet from top of bluff at 54455 C.R. 48, Southold. This matter was held in abeyance pending a response from the Suffolk County Soil & Water Conservation District and pending determinations from Town Trustees under both Ch. 37 and Ch. 97 of the Code of the Town of Southold. This matter is subject to a Type I designation under the Coastal Zone Management Law (Ch. 37 of the Town of Southold). (2) Appl. No. 4071 ~ JOSEPH BARSZCZEWSKI. (Industrial Zone District.) New building for storage of heavy equipment and related activities proposed with insufficient setbacks and need for lot coverage variance. E/s Kerwin Boulevard, Greenport. (3) Appl. No. 4070 - DALCHET CORP./ORLOWSKI. Await sketch map from applicant to show cluster concept as urged by Planning Board at presubmission conferenoe. W/s Harbor Lane, Cutchogue. (4) Appl. No. 3975 - ARTHUR G. CARLSON. Attorney has a hearing be postponed until the latter March hearings calendar. N/s Lower Road, Southold. requested MISCELLANEOUS: (5) Planning & Zoning Scheduled for 1/28 at 7:30 p.m. (6) Association of Towns for 2/16-19o Seuthold Town Board of Appeals -15- January 23, 1992 Regular Meeting There being no further business coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Approved - March ~5, 13 Linda F. Kowalski RECEIVED AND FILED BY THE SOUTHCLD TOV~rN CLERK DATE =~/~3 HOUR~:DO~ ~ own Clerk, Town of Sout~ld