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ZBA-04/02/1992
APPEALS 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 THURSDAY, APRIL 2, 1992 REGULAR MEETING SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 7:15 p.m. Work Session (Reviews of pending applications on the agenda. No formal action was taken.) A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, APRIL 2, 1992 at the Southold Town Hall, 53095 Main Road, $outhold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member Charles Grigonis, Jr., Member James Dinizio, Jr., Member Robert Ao Villa, Member Linda Kowalski, Board Clerk The Chairman opened the Regular Session at 7:35 p.m. and welcomed everyone in the audience. At this point, public hearings commenced and the Chairman read the Legal Notices for the record in the following order: I. PUBLIC HEARINGS were held in each of the following matters, and unless otherwise indicated below, testimony was received and the hearings concluded. (Please see verbatim transcripts of all testimony which has been prepared under separate cover and attached for reference-convenience purposes): A. PUBLIC HEARINGS: 1. 7:38 p.m. Appl. No. 4088 - MARGAi{ET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-30B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. Page 2 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (PUBLIC HEARINGS, continued:) 2. 7:52 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate a new accessory garage building in the front yard area. Location of Property: 450 (Westerly side) Deep Hole Drive, Mattituck, Town of Southold, NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:57 p.m. Appl. No. 4087 - BART AND C~tRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback at 450 Maple Lane, Lot NO. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 8:00 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone. 5. 8:22 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-103-10-24. This parcel is substandard and is located in the R-40 Zone District. 6. 8:23 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:26 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. Page 3 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (PUBLIC HEARINGS, continued:) 8. 8:30 p.m. Appl. No. 4097 - JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-4-3-3; also referred to as FIDCO Block 18, Lots lA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. 9. 8:55 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. (Hearing continued on May 7~ 1992) 10. 9:18 p.m. POSTPONEMENT REQUESTED BY APPLICANT'S ATTORNEY. HEARING POSTPONED AS REQUESTED UNTIL MAY 7, 1992. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), Greenport; County Parcel Nos. 1000-56-4-24 & 19. End of public hearings. INFORMAL DISCUSSION: Appeal No. 4091 - EUGENE LACOLLA for the LACOLLA ESTATE (hearing postponed tonight; see above paragraph). At the end of the hearings calendar, adjacent property owners to the east (Mr. and Mrs. Robert Mitrani - The Pottery) said they had questions concerning this project. Mrs. Mitrani wished to relay concerns about additional signs and the existing right-of-way along their property line. Mr. Mitrani said he did not have any specific objection at this time, but they would plan to attend the hearing when rescheduled. They were both Page 4 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (Lacolla update, continued:) advised that the hearing would not be finalized for at least several weeks, and it was suggested that in the interim they stop in the office to review the file for other information, on file presently and as updated, which they may be interested in. (Mr. and Mrs. Mitrani did not previously review the variance documents on file.) AGENDA ITEM B(2) on Page 3: Appl. of GUS WADE - Confirmation by Board Members of lead agency agreement between the ZBA and the Southold Town Trustees in the processing of SEQRA has been requested by Mr. Wade in his recent correspondence to the Boards. It was the consensus of the Board Members to agree that the Tow~ Trustees continue as Lead Agency, and the following letter, as drafted, be authorized to be sent to Mr. Wade by the ZBA Chairman: April 2, 1992 Mr. Gustave J. Wade 41 Willoughby Path East Northport, NY 11731 Re: Application under New York Town Law, Section 280-A Dear Mr. Wade: This letter is in response to your letter received last week in which you question involvement by other agencies under SEQRA and your concerns that you are being asked to answer to more than one agency. Your letter appears to object to more than one agency reviewing this project under SEQRA, and although there may be only one lead agency, all agencies are permitted to review the file and comment as they deem appropriate to their permit reviews. The SEQRA process does permit one Lead Agency, and you will recall, that on February 26, 1990, you withdrew your wetlands application before the Town Trustees. The Trustees were read to commence Lead Agency action during early of 1990, and the reasons for withdrawing your application are unknown at this time. Finally, about 10 months later, your wetlands permit application was delivered to the Town Trustees for processing. During this time period, the Board of Appeals processed this application to the best of its ability, and jointly with the Town Trustees as an involved agency. We do understand your concerns in addressing questions from two consultants. In fact, there has been only one consultant authorized by the Board of Appeals (as the Lead Agency up until our letter of February 6, 1992 in which amendments were Page 5 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (Re: Wade, letter, continued:) requested to the Draft Environmental Impact Statement). It is our understanding that the Town Trustees has asked an expert opinion under the role of the wetlands permit application -- which the Board of Appeals does not have control over. We have spoken several times with the President of the Town Trustees, and it has been agreed by Mr. Bredemeyer that you, as the applicant and owner, would be billed under SEQRA for services only by one consultant - that being the consultant hired by the Lead Agency to represent the agencies under SEQRA. To confirm the status of your application, SEQRA is pending, and the last step taken was as indicated in our February 6, 1992 letter requesting an Amended DEIS addressing the issues and questions raised by the involved agencies and their representatives. At this point in time, the Lead Agency status has been transferred, as agreed between the Tow~ agencies, from the Board of Appeals to the Town Trustees. The scope of review is broadest before the Town Trustees since their review involves, but is not limited to: (a) new retaining walls near the wetlands, (b) excavating near the wetlands, (c) new accessory structures within 75 feet of the wetlands, (d) leeching systems, (e) new dwelling construction, (f) various other construction activities within 75 feet of the wetlands, all on the entire trace of land. The review by the Board of Appeals is limited under New York Town Law, Section 280-A, and our application is not complete until such time as authorized legal access points for fire, emergency and other vehicles has been ascertained by you. (The bridge proposal we understand has never been permitted as a right-of-way over lands of others.) No documentation confirming the access points has been furnished or accepted at this point in time. Accordingly, the Board of Appeals has relinquished its role as lead agency (with a minimal scope of review at 5% or less for the overall project) and declaring that Lead Agency be and hereby is to become effective immediately by the Town Trustees, as agreed. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis, Page 6 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (Wade letter, continued:) Doyen, Dinizio. (Member Villa abstained at this time since he wasn't sure whether or not there would be a conflict due to his previous employment with the County Health Department and he was directly involved with the approval of this project a few years ago.) DELIBERATIONS/DECISIONS: (continued on following pages) Page 7 - Minutes Southold Town Board of Appeals Regular Meeting of April 2, 1992 Appl. No. 4090. Upon Application of MR. AND MRS. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road #3), East Marion, NY; County Tax Map Parcel ID 1000-21-01-27.1 (inclusive of Lot Nos. 11, 13.3, 27, 29 and 30). WHEREAS, a public hearing was held on March 25, 1992, at which time 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; 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 for a Variance under Article XXIII, Section 100-239.4 for approval of an easterly addition to the existing dwelling structure. The Building Inspector's Notice of Disapproval u~on which this appeal is based is dated March 3, 1992. 2. Proposed in this variance request is approximately 1600 sq. ft. of actual floor area at the easterly area of the existing dwelling, all as more particularly shown on sketches prepared by Robert A. Bayley, A.I.A. The closest portion to the bluff line of the proposed new construction is shown to be at 58 feet. 3. The dwelling as exists is shown to be 28 feet from a bluff edge (although the actual setback appears to be much less). The bluff edge dips inward toward the dwelling and is closer to the dwelling at some areas while it is more distant at other areas. The area chosen for the proposed addition has more Page 8 - Appl. No. 4090 i4atter of LLOYI) AND KAYE KANEV Decision Rendered April 2, 1992 of a setback due to the bluff boundary variations. The bluff face on the property appears to be well vegetated with woody vegetation and appears stabile. There is a large depression in the rear yard area of the dwelling where the wing expansion is proposed. It will be necessary for the owner to provide for surface piping and drywells landward of the rear of the house to retain runoff water from the roof areas. 4. Article XXIII, Section 100-239o4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. It is also noted for the record that Article XXIV, Section 100-242A of the zoning code activates the need for a variance when the degree of nonconformance is enlarged or expanded. Although the present setback of the closest section of the house to the bluff line is shown to be 28 feet, there is no waiver for expansions outside the footprint of the house and within 100 feet of the bluff. 6. Correspondence has been received from the office of the Town Trustees confirming that the addition as proposed is not within their jurisdiction under either the Coastal Erosion Hazard Act (Ch. 37) or the Town Wetland Ordinance (Ch. 97). 7. To date, no communications has been received from the N.Y.S. Department of Environmental Conservation, and it is understood that an application is still pending before their agency at this time. 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements - however, the area of construction is landward of the existing dwelling; (b) the grant of the requested relief will not alter the essential character of the neighborhood since there is construction already existing with a similar or closer setback; (C) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the landowner (1957); the difficulties claimed have not been created by - the dwelling preexists the enactment of zoning Page 9 - Appl. No. 4090 Matter of LLOYD AND KAYE KANEV Decision Rendered April 2, 1992 (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue except to separate living quarters in a detached building more than 100 feet from the bluff line; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of MR. AND MRS. LLOYD KANEV under Appl. No. 4090, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed 1600+- sq. ft. addition to the dwelling be located not closer than 58 feet to the bluff line, as requested and shown on the plan described, supra; 2. That the use of the new addition shall be a part of the existing single-family dwelling use, as proposed; 3. That there be no physical disturbance to or close to the bluff area, and that hay bales shall be placed at 55 feet from the bluff line, to within 20 feet north towards the bluff, and wrapped around the proposed construction and building activities. Vote of the Board: Ayes: Goehringer and Dinizio. Nay: duly adopted. (Margin: 4-1). Messrs. Grigonis, Doyen, Member Villa. This resolution was Page ]0_ Appl. No. 4087 Matter of BART AND CHRISTINE RUROEDE Decision Rendered April 2, 1992 Appeal No. 4087: Application for BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Greenport, Lot No. 81, Map of Cleaves Point, Section 3, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. WHEREAS, a public hearing was held on 'April 2, 1992 and at said hearing all chose 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 appeal of the February 13, 1992 Notice of Disapproval from the Building Inspector concerning a 14-1/2 ft. by 20.4 ft. raised open deck addition at the rear of the existing dwelling. 2. The depth of the deck is shown on the sketch submitted to be 14-1/2 feet and the owner had indicated a setback at between 14 and 17 feet from the rear property line at its closest point. (The construction requested is the "as is" deck presently existing at the rear of the house.) 3. The premises in question is known and referred to as Lot No. 81 on the Cleaves Point Subdivision Map, Section Three filed in the Suffolk County ~lerk's Office on June 14, 1966 as Map No. 4650. onconformities in the following areas: (a) lot width of 45.0 feet along Champlin Place, (b) total lot area of 3201 sq. ft., (c) lot depth at 70.87 feet, (d) lot coverage at 27.5 percent, front, side, and rear yard setbacks, Page ]~ - Appl. No. 4087 Matter of BART AND CHRISTINE RUROEDE Decision Rendered April 2, 1992 all as shown on the February 3, 1992 survey submitted as part of this application. 4. This parcel is nonconforming as to total lot area (12,981+- sq. ft.) and is located in the R-40 Zone District. 5. The existing dwelling is shown to be situated 36 feet from the front property line, 39 feet from the southerly (side) yard line, 23 feet from the northerly side yard line, and 27 feet from the rear property line, at its closest points. (See survey prepared by Roderick VanTuyl, P.C. dated January 19, 1978. Town records show that the dwelling was constructed by the current owners under Building Permit No. 9372Z dated July 22, 1977. 6. In considering this application, the Board also finds that: (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, there are other similarly existing in the area; (c) this variance will not increase dwelling density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT the variance, as requested, in the Matter of the Application for BART AND CHRISTINE RUROEDE as Page 12 - Minutes Southold Town Board of Appeals Regular Meeting of April 2, 1992 applied under Application No. 4087, with the provision that the deck remain open and unroofed (as exists). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk 280-A's and ISSUANCE OF BUILDING PERMITS: It was the unanimous agreement of the Board that the Building Inspectors be notified that Town Law does not permit the issuance of any building permits for new dwelling construction located on lots along a private right-of-way until an application for emergency access under New York Town Law, Section 280-A has been applied for and a determination rendered by the Board of Appeals. A letter will be sent to the Building Department with this request (it was unfortunate in the-Matter of Ivaronne- which is on a private right-of-way and did receive a building permit, and then came in for a setback variance for other construction. The applicant should have been advised that 280-A approval by the ZBA was also necessary at the time of issuance of the Notice of Disapproval). Page 13 - Minutes Southold Town Board of Appeals Regular Meeting of April 2, 1992 ACTION OF THE BOARD Appl. No. 4096. Upon application of PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Cutchogue, Town of Southold; County Tax Map No. 1000-103-10-24. WHEREAS, a public hearing was held on April 2, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 seek a variance under Article XXIII, Section 100-239.4B for permission to construct a raised, open-deck addition from the rear (easterly end) of the existing dwelling, requesting a reduction in the required setback to the existing bulkhead to 54 feet at its closest point. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 10, Lot 24 and contains a total lot area of 10,275 sq. ft. 3. The dwelling as exists presently has sideyards totaling 21'9" feet (16'9" & 5), a conforming front yard setback at 61-1/2 feet, a nonconforming setback from the bulkhead at approximately 56 feet (to the small porch step area in the rear) and approximately 63 feet to the existing enclosed porch. These details are shown on the survey prepared by Roderick VanTuyl, P.C. as amended March 10, 1992. The parcel as exists is substandard with 10,275 sq. ft. in total lot area. The lot width along Strohson Drive is nonconforming at 50 feet. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. Page 14 Minutes Southold Town Board of Appeals Regular Meeting of April 2, 1992 5. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks; (b) the relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (c) the relief requested will not alter the essential character of the neighborhood; (d) the practical difficulties imposed are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for a 28 ft. wide deck with variables at 10 feet deep to the back of the existing enclosed porch and 20 feet in depth to the southeasterly end of the dwelling, plus a step entry (less than 48 sq. ft.) -- all as more particularly shown on the survey prepared by Roderick VanTuyl, P.C. dated March 10, 1992, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 54 feet at its closest point, as requested; 2. The open deck construction shall remain unroofed; 3. This variance is contingent upon the filling of potholes for ingress and egress as approved by the Building Department (or, if necessary, the ZBA Chairman) pursuant to the requirements of New York Town Law, Section 280-A. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. lk Page ]5- Appl. No 4085 Matter of ANDREW A~D ANN MONACO Decision Rendered April 2, 1992 ACTION OF THE BOARD OF APPEALS Appl. No. 4085. Upon Application of ANDREW AND kNN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side of Aquaview Avenue and the easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. WHEREAS, a public hearing was held on April 2, 1992, at which time 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; 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 appealing the January 22, 1992 Notice of Disapproval by the Building Inspector for a Variance under Article XXIII,. Section 100-239.4 for permission to locate a proposed single-family dwelling structure within th~ required 100 ft. setback from the L.I. Sound bluff line as shown on either Plan A or Plan B Submitted for consideration (and described below). 2. The subject parcel contains a total lot area of 23,361 and is a corner lot as defined by Section 100-13 of'the Zoning Code with frontage of 100.0 feet along the north side of Aquaview Avenue and 220 feet along the westerly property line (shown as Rocky Point Road or Sound Avenue on the plot plan dated Page ]~ Appl. No. 4085 Matter of ANDREW AND ANN MONACO Decision Rendered April 2, 1992 January 10, 1992 prepared by Barrett, Lanzisera, Beckman and Hyman. 3. The land is presently vacant and is owned by the County of Suffolk. The applicant is a contract vendee pursuant to a Memorandum of Sale with the County of Suffolk dated November 19, 1991, which has been submitted for the record. 4. The principal dwelling structure is proposed to be located 63 feet from the outer deck at the most northeasterly corner and 59+- feet from the closest point at the westerly end of the dwelling to the bluff line, as shown on Plan depicted "A." Also submitted for consideration is Plan "B," alternatively, for setbacks at 73 feet from the most northeasterly corner to the bluff line, and at 55 feet between the westerly section of the house to the bluff line, at its closest points. 5. Upon inspection, it is was noted that the bluff is sloping. There is vegetation along the entire bluff and large boulders (see photographs in file). The area chosen for a new dwelling will meet the fron% yard setback of 40 feet at both the southerly and westerly front yards. The setbacks are greater than many buildings or structures along this bluff. It will be necessary for the owner to provide for surface piping and drywells landward of the house to retain runoff water from the roof areas. 6. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 7. For the record, it is noted that other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, County Health, etc.). 8. It is the position of this Board that in Considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of Page ]7- Appl. No 4085 Matter of ANDREW A~D ANN MONACO Decision Rendered April 2, 1992 construction is proposed to be at a setback similiar to and landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land preexist the enactment of the bluff setback regulations adopted in 1985 {and preexists the enactment of zoning in 1957}; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, to GRANT ALTERNATURE RELIEF for the placement of a principal dwelling structure under Application No. 4085, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setbacks to the bluff line be not less than 60 feet between the westerly portion of the dwelling to the bluff line, and not less than 75 feet between the northerly line of the proposed house and the bluff line, all at its closest points; and 2. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. Vote of the Board: Ayes: Messrs. Grigonis, ~oyen, and Villa. Member Goehringer abstained since he is employed with the Page 18 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals Suffolk County Department of Real Estate. (Member Dinizio also abstained no reason given.) This resolution was duly adopted by a quorum of the members present. ACTION OF THE BOARD OF APPEALS Appl. No. 4094: Matter of ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct a detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and the North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. WHEREAS, after due notice, a public hearing was held on April 2, 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. This is an appeal of the March 6, 1992 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is located in the R-80 Zone District and contains a total area of approximately 78,410 sq. ft. The map submitted with this application shows this parcel is improved by only a single-family dwelling structure set back 20 feet from the easterly side property line and approximately 70 feet from the front (northerly) property line along Ocean View Avenue. This parcel is known and referred to as Lot #4, as more particularly approved by the Town Planning Board in September 1980 (grandfather approval of ZBA action rendered September 6, 1979 under Appeal No. 2570). 3. The building is of a maximum size of 24 ft. wide by 26 ft. deep and is for storage of the owner's own vehicles, lawn equipment and the like, as may be incidental to the principal dwelling use. This building may not be used or operated for business or similar gainful purposes (such as rental for Page ]9 - Appl. No. 4094 Matter of ANITA MACRAE FEAGLES Decision Rendered April 2, 1992 non-owner storage, etc.) and/or may not be used as a separate principal use. proposed driveway property the side The location of this accessory garage building is to be located near or at the end of the existing paved area and at least 50 feet from the front (northerly) line along Ocean View Avenue and at least 40 feet from (westerly) property line along Lot %1. 5. For the record the dimensions of the proposed building is 24 ft. wide by 16 ft. deep (excluding permissible overhangs) and will be one-story in height {less than 18 feet total from ground to peak}. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards" along Beach Avenue to the south and Ocean View Avenue to the north and the remaining yard areas are side yards; (b) the relief is not substantial in relation to the requirements; (c) the variance requested does not involve any increase of dwelling unit density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) 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 since the proposed building will be substantially setback from the front property lines at 40 feet {or more}. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance to locate a 26 ft. wide by 24 ft. accessory garage/storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: Page 20 - Appl. No. 4094 Matter of ANITA MACRAE FEAGLES Decision Rendered April 2, 1992 1. That the setbacks be not than that applied for in the application; 2. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 3. That the building height from ground to top (peak) not exceed 18 feet; 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk ~age 21 _ Appl. No. 4074 Matter of Ab~C, INC. (SUKRU ILGIN) Decision Rendered April 2, 1992 Appl. No. 4074. Upon application of AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 100-101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School Dstrict), NY; County Tax Map Parcel No. 1000-122-7-1. WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and Wi4EREAS, 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, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this appeal, appellant requests a variance under the Provisions of Article X, Section 10lB(12) and Section 100-102, Bulk, Area and Parking Schedules, for permission to convert a portion of the existing principal building (presently three service bays with an approximate floor area of 1160 sq. ft.) from vehicle/engine repairs to convenience store use, limited to on-premises sales of packaged food and nonfood items, without on-premises food services, only as accessory use incidental to and in conjunction with the ~xistlng gasoline sales/office use. Page 22- Appl. No. 4074 Matter of AMAC, INC. (SUKRU ILGIN) Decision Rendered April 2, 1992 2. The premises in question is a described parcel of land located in the "B" General Business Zone District containing a total lot area of 11,984 sq. ft. and is triangular in shape with frontage along three streets: the Main Road (State Route 25), the old Main Road to the south, and Bray Avenue to the (south) west at its intersection with the Main Road, in the Hamlet of Mattituck, Town of Southold. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 7, Lot 1. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing pumps; (b) gasoline station office and service bays in the principal building structure, all as shown on the survey prepared February 13, 1987 by Peconic Surveyors and Engineers, P.C. and shown on the site plan map prepared by Garrett A. Strang dated December 12, 1991 (Map SP-1). 4. The location o~ the existing principal building is shown to be set back 42 feet from the easterly property line, six feet from the northerly property line at its closest point, (c) approximately three feet from the southerly property line. To the west of the principal building are two gasoline service islands, each with two service pumps, and blacktop areas utilized for egress, ingress, and parking. 5. The size of the principal building is 27.6 ft. x 28.9 feet (1595 sq. ft. of floor area). The southerly portion o~ the building is proposed for the "convenience store" sales and the northerly portion of the building will remain as a business office use related to the sales of the gasoline service. 6. For the record, it is noted that under previous Action of this Board under Appl. No. 3618 rendered April 23, 1987, an area variance was granted for similar relief, with a time limitation of two years from the date of the variance. The time limit for that area variance expired in April 1988 and no building permits were obtained in reliance on this variance. 7. In considering this application, it is the ~nderstanding of the Board Members that the items to be sold will include small variety store items, such as packaged and canned foods, magazines, refrigerated items, microwaved items, and the like. Requests for clarification or interpretation concerning the type of products to be sold shall be referred to this Board if necessary. 8. The following information is also noted for the record: Page23 - Appl. No. 4074 Mattel of AMAC, INC. (SUKRU ILGIN) Decision Rendered April 2, 1992 (a) the premises has continuously for the past 22 years been used as an office for sales of gasoline and other incidental merchandise, with small engine/vehicle repairs within the enclosed service bay areas of the principal building, and gasoline sales at the service pumps; (b) the use as a convenience store is to be used accessory and incidental to the gasoline-service station and not as a separate principal use or business establishment; (c) the existing vehicle lifts and (three) bay areas will be eliminated and replaced with the accessory convenience store use; (d) the principal building will not be enlarged without prior approval of the Board of Appeals by subsequent application. 9. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located in the General Business "B" Zone District; (b) the variance, as conditionally and alternatively noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood or this zone district; (d) the difficulties claimed are uniquely related to the land and building in question - the difficulties are not due to the general conditions of the neighborhood, are not personal to the landowner, and have not been created by the landowner; (e) there is no other method feasible for appellant to pursue other than a variance due to the nonconformities of the land; (f) the relief as conditionally and alternatively granted will be compatible with the overall plan and policy for development in the Town and would not create conditions distinctly different from those existing in the locality or essentially alter the character or reasonable permitted uses in this district or of adjacent use districts; Page 2~ Appl. No. 4074 Matter of AMAC, INC. (SUKRU ILGIN) Decision Rendered April 2, 1992 ig) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business alteration from aotomobile repair to sales of small food and non-food products; (h) that in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for permission to convert the existing service area within the existing principal building for "convenience sales" SUBJECT TO THE FOLLOWING CONDITIONS: 1. Floor area of proposed convenience store area shall be limited to a total of 600 sq. ft.; 2. Convenience store shall be accessory and incidental to the gasoline service station use presently established, and not as a separate principal business use; 3. There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; 4. There shall be no entrance way between the gasoline sales area of the building to the convenience store area; 5. There shall be an entrance from the north side of the property and an exit from the south side of the subject premises onto the Old Main Road -- no exiting will be allowed onto the Main Road at the easterly yard area; 6. This variance is temporary for a period of three (3) years from the date of the filing of this decision with the Southold Town Clerk, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein. 7. No food service or sales of prepared foods, no cold cut-deli items, or other food services (except pre-packaged); 8. No expansion, further construction or other service areas without a new application for consideration to both the Page 25~ Appl. No. 4074 Matter of A~C, INC. (SUKRU ILGIN) Decision Rendered April 2, 1992 Planning Board and Zoning Board of Appeals, and any other department or agency.having jurisdiction thereof. 9. Parking for the convenience store area shall be provided at the easterly yard area with ingress (entrance) from Route 25 and egress (exiting) onto the Old Main Road only. 10. No table service or seating for public use; 11. No cooking, except by portable microwave; 12. No drive-thru or (window) drive-in services (for accessory convenience store); Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk · Page 26 _ Appl. No. 4092 Decision Rendered April 2, Matter of WILLI32~I GOODALE 1992 Appl. No. 4092. Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 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 concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north Page 27_ Appl. No. 4092 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Number 4093, for: (a) proposed outside sales, storage, parking and display of used cars and other used vehicles; (b)- proposed'salesT, leasi~ng, and b~siness office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June ll, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal building, without physical enlargement of the principal structure and without expansion of any nonconforming living ' ?uge 28_ Appl. No. 4092 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. {d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which a Special Exception application has been requested and is separately pending. {Approvals are also necessary by the Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies.} 5. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. Combined, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- for which this variance has been requested. 6. Alternatively, the applicant has agreed to substitute one of the existing (residential) principal uses in exchange for the proposed new car sales establishment with incidental accessory uses. The lot area requirement will not be reduced from that as exists with two principal uses on this 36,155 sq. ft. nonconforming lot. 7. In considering the area variance standards for three uses on this 36,155 sq. ft. parcel, the Board finds: (a) that the practical difficulties claimed are not sufficient to grant the entire relief requested, and the practical difficulties claimed as a ground for this variance has been created by the owner/tenant -- not uniquely related to the land as required by the standards set for such area variances; (b) that there is an alternative available for appellant to pursue, as noted below, to exchange one of the existing principal uses for the proposed new car sales; (c) that the grant of third use will essentially change the character of the neighborhood and will be incompatible with the overall plan and policy for development of ~age 29 - Appl. No. 4092 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 the town; conditions as such would be distinctly different from chose existing in the locality by adding problems incident to an increase in density; (d) that the difficulties for a third use are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property; (e) that the amount of relief requested for a third principal use is substantial in relation to the requirements -- increasing the nonconformance by approximately 80% over that which exists. (f) that the landowner is not deprived of a reasonable return on his land and is not prevented from using the land; (g) that proof has not been submitted as to actual dollars and cents which is necessary under the circumstances to show the extent of practical difficulties claimed to be suffered; (h) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the entire relief requested, but granting alternative relief as described below. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the entire relief as requested for a third principal use, and ALTERNATIVELY APPROVE relief to permit a total of two principal uses instead of three principal uses, as applies to the insufficient lot area of this parcel, SUBJECT TO THE FOLLOWING CONDITIONS AND PROVISIONS: 1. That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 2. That the existing rear residential cottage structure shall be converted to accessory storage use or removed within three (3) years from the date of the filing of this variance determination; and Page 30 - Minutes Regular Meeting of April 2, 1992 Southold Town Board of Appeals (Goodale Decision, continued:) 3. That this area variance is contingent upon receiving and meeting all other standards and requirements for a Special Exception, site plan and other state/county regulations. 4. That Covenants and Restrictions shall be prepared in legal form, submitted to the Board of Appeals, for approval by town counsel, within 120 days of this determination and recorded with the Suffolk County Clerk's Office before effectuating this approval, and; 5. That all requirementsmust be met and final site plan approval be obtained in accordance with the site plan adopted by the Southold Town Planning Board. Vote of the Board: Ayes: Grigonis, and Goehringer. Nay: was duly adopted. (4-1). Messrs. Dinizio, Doyen, Member Villa. This resolution There being no other business property coming before this Board, the meeting adjourned at approximately 11:15 p.m. Respectfully submitted, Einda Kowalski ,,-,uEIVED AND FILED BY THE SOUTiI©LD TOWN CLERK ~own Clerk, Town of Sou~61'~'ct