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HomeMy WebLinkAboutZBA-07/29/1992APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigoni.s, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, JULY 29, 1992 SCOTFL. 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 WEDNESDAY, JULY 29, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971° Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Clerk The Chairman opened the meeting at 7:30 p.m. and proceeded with the items first-listed on the agenda, as follow: I. PUBLIC HEARINGS: (Note: Verbatim transcript of each hearing has been prepared under separate cover and is attached for reference concerning all statements or questions made during the hearings)-- Public Hearing: (Agenda Item 9I). 7:35 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. (No public opposition was submitted during the hearing.) (The hearing was concluded and deliberations will continue.) No action was taken at this time. -'~ ~3Z R~gular Meeting -2- Board of Appeals 7:45 p.m. Applo No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. (No public opposition was submitted during the hearing.) (The hearing was concluded after receiving testimony. Deliberations would continue later this evening.) MEMBER DINIZIO LEFT THE ROOM at this time for the next application (due to his contact and relationship with Cablevision). During this hearing, four members were present: Chairman Goehringer, Member Doyen, Member Grigonis, and Member Villa. 7:50 p.m. Combined Hearings: CELLULAR TELEPHONE CO. d/b/a METRO ONE. Appl. No. 4023-I/V - Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11; and Appl. No° 4022SE - Special Exception under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Mattituck; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108~4-part of 11. (The hearing was concluded after receiving testimony. Deliberations would continue.) No action was taken at this time. 8:30 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width July 29, 1992 Regular Meeting -3- Board of Appeals (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. (Comments were received in favor and against this application. After receiving all testimony, the hearing was concluded. Deliberations would continue at another time.) 9:17 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. (Comments were received in favor and against this application. After receiving extensive testimony from both sides, the hearing was concluded. Deliberations would continue at another time.) 9:42 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 10:20 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30). Testimony was received concerning both applications. The hearings were recessed pending consultation between the Board Members and the Town Attorney for a review of the documentation submitted to date. (No other action was taken at this time.) THIS HEARING WAS POSTPONED AS REQUESTED BY APPLICANT'S ATTORNEY UNTIL FURTHER NOTICE: Appl. No. 4091 - EUGENE M. LACOLLA. July 29, 1992 Regular Meeting -4- Board of Appeals THIS HEARING WAS POSTPONED AS REQUESTED BY APPLICANT'S ATTORNEY UNTIL FURTHER NOTICE: Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. THIS HEARING WAS POSTPONED AS REQUESTED BY APPLICANT'S ATTORNEY UNTIL FURTHER NOTICE: Appl. No. 4072 - Appl. No. 4072 VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; County Tax Map Parcel No. 1000-52-1-8. End of Public Hearings. DELIBERATIONS/DECISIONS: (Continued on next page): July 29, 1992 -5- Southold Town Board of Appeals ACTION OF THE BOARD Appl. No. 4105: Upon Application of JOHN J. FIORE for a variance under Article III, Section 100-33 for permission to locate accessory swi~mingpool structure and fence enclosure in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. WHEREAS, a public hearing was held on June 4, 1992, and at said hearing 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, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Chapter 100, Article XXIII, Section 100-239.4B for permission to construct a 20 ft. by 40 ft. inground swimmingpool. The survey map amended May 7, 1992 as prepared by Roderick VanTuyl, P.C. shows the pool proposed in a front yard location approximately 71 feet from the easterly (front) property line along Sunset Way and 45 feet from the northerly (front) property line along Cedar Beach Road, the length of which is parallel with Cedar Beach Road. 2. The premises in question is a substandard parcel in this R-80 Residential Zone District having a lot area of identified on the Suffolk County Tax Maps as District 1000, Section 91, Block i, Lot 5 contains a total lot area of approximately 35,000 sq. ft. and 118.07 ft. frontage along Sunset Way. 3. The dwelling which exists is presently set back approximately 96 feet from the easterly front property line and Page 6- Appl. No. 4105 Matter of GRACE FIORE Decision Rendered July 29, 1992 144+- feet from the northerly front property line. Its present distance to the bulkhead is nonconforming and scales out to be 7+- feet. A wooden walkway (deck with steps) also exists between the house and the bulkhead. 4. Article III, Section 100-31C, and Section 100-33 of the Zoning Code, require all accessory buildings and structures to be located in the required rear yard. This application is to locate the entire structure in the front yard in order to meet the minimum setback requirement from the existing bulkhead at 75 feet. 5. It is noted that this parcel and the neighboring lots in this block are quite unique as to their shape, small size, character, and locale on this inlet. (For reference please see copy of the Suffolk County Tax Map on file.) 5. A public hearing was held and concluded on this application on June 4, 1992, pending receipt of the Town Trustees' action on the wetlands permit application under Chapter 97. Subsequently, on June 5, 1992 and June 22, 1992, the survey map was amended to show a proposed pool addition in an area other than the front yard (as applied herein) and with the necessity of other variances (such as rear yard and bulkhead setback reductions). The application before the board was for an accessory pool structure in the front yard. Proper notice must be given before the Board is permitted to consider this type of alternative and does have questions concerning the new location (which is substantially closer to the bulkhead, from 75 feet to less than eight feet, more or less). 6. It will be necessary for the applicant to apply to the Building Department with the new survey map and application. The Building Inspector will then issue a new Notice of Disapproval citing different grounds for disapproving the proposed construction, and the applicant may then apply for the new zoning variances needed. Once appropriate notice is sent and published as required by law, a hearing on the new application will be held. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to dismiss the application as submitted (for the reasons noted above.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. lk July 29, 1992 -7- Southold Town Board of Appeals ACTION OF THE BOARD Appl. No. 4110. Upon application of THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. WHEREAS, a public hearing was held on June 4, 1992, and at said hearing, 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 Me~ers 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, appellant seeks a variance under Article XXIII, Section 100-239.4B for a 15' deep by 67' wide open deck with hot tub as shown on the August 18, 1976 survey map prepared by Roderick VanTuyl, P.C., amended May 11, 1992, to be located at the rear (easterly) section of the existing single-family dwelling. Inclusive of all step areas, the setback of the addition is proposed to be 43 feet from the inside of the existing bulkhead. 2. The subject premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 4, Lot 28.25 and is identified on the Map of Fordham Acres, Section One, as Lot No. 10. This property has a frontage of 100 feet along the easterly side of Gull Pond Lane and has a nonconforming lot area shown on the survey map to be 19,955 sq. ft. 3. The setback distances of the dwelling as exist are shown to be 58 feet from the existing bulkhead at ordinary high water Page 8 - Appl. No. 4110 Matter of THOMAS E. COFFIN Decision Rendered July 29, 1992 mark, 14-1/2 feet to the northerly side property line, 15 feet to the southerly property line, and 100 feet to the front property line along Gull Pond Lane (all at their closest points). The square footage of the house as exists per assessment records is approximately 1460 sq. ft. of living floor area, plus 650 sq. ft. of garage area. 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. 5. The amount of relief requested by this application is a variance of 15 feet for all new construction in this project, or 20% from the established setback. 6. In viewing the area it is noted that at least one neighbor has construction (accessory building) built very close to the bulkhead. It is also noted that a deck is not made of a substantial construction and will not be adverse to the immediate land area or cause pollution to the waterway. 7. In considering this application, the Board finds: (a) the relief as requested is not substantial in relation to the setbacks which have existed previously to this zoning requirement; (b) the relief as requested is not the minimum necessary to afford relief; (c) the relief as alternatively granted will not alter the essential character of the neighborhood; (d) the practical difficulties are uniquely related to the property and are not personal; (e) the relief, as alternatively granted, 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) in view of all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for an open deck addition at the rear of the existing dwelling with a setback at 43 feet to the Page 9- Appl. No. 4110 Matter of THOMAS E. COFFIN Decision Rendered July 29, 1992 outside edge of the bulkhead, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No permanent cover or enclosure of the deck; 2. Lighting, if any, must be shielded to the property so as to prevent disburbing glare to other properties. 2. That the deck, inclusive of step areas, shall not be closer than 43 feet to the outside of the bulkhead; 3. In interpreting Section 100-239.4B of the current zoning code, any structural enlargement or expansion within this reduced setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board (unless legislative approval is enacted to exempt same). Vote of the Board: Ayes: Grigonis, and Dinizio. (Nay: was duly adopted. {Margin 4 Messrs. Goehringer, Doyen, Member Villa). This resolution tO 1}. lk July 29, 1992 -10- Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4115: Application for STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. WHEREAS, a public hearing was held on July 29, 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 s~bmitted 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 June 15, 1992 Notice of Disapproval from the Building Inspector concerning a proposed deck addition with an insufficient setback from the rear property line. 2. The subject premises is a substandard lot containing a lot area of 12,500 sq. ft. and frontage along the west side of Bay Haven Lane of 100 feet. The depth of the lot 125 feet. This parcel is shown on the "Mapof Bay Haven" at Bayview as Lot No. 27. 3. The deck is proposed to be 12 feet in depth and 21 feet in length, reducing the rear yard setback from 37 feet to 25 feet (see sketch submitted by the applicants). 4. In considering this application, the Board also finds that: Page 11- Appl. No. 4115 Matter of STEPHEN AND ELLA SCHMIDT Decision Rendered July 29, 1992 (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 others 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. Goehringer, it was RESOLVED, to GRANT the relief requested for a reduction in the rear yard setback to 25 feet for the placement of a 12' x 21' open deck, as applied under Application No. 4115, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback not be any closer than 25 feet, as applied, inclusive of step area; 2. Outdoor lighting, if any, shall be shielded to the property so as not to create a disturbing glare to other properties. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk July 29, 1992 -12- Southold Town Board of Appeals ENVIRONMENTAL DECLARATION: Appl. No. 4119SE - An Unlisted Action with Negative Declaration was confirmed and made a part of this set of Minutes concerning the Matter of WILLIAM GOODALE and MATTITUCK AUTO CENTER, INC. SEQRA COORDINATION from Town Trustees: LAWRENCE HUKE. The Chairman was authorized to respond to the Town Trustees request for lead agency coordination as noted with concerns to the environment and question of single and separate requirements under the zoning ordinance. Site location: E/s Westphalia Road, Mattituck. TOWN ATTORNEY request for interpretation Re: 100-31C(3a). The Chairman prepared a draft response, which has been labeled "CONFIDENTIAL" due to possible legal complications. The Chairman was authorized to send a response based upon the Chairman's drafted letter. Board Members felt that a legal opinion will be necessary before any request for an interpretation is finalized. The Chairman declared the meeting adjourned at 11:50 p.m. and confirmed that this agenda will be continued at the next Special Meeting of the Board, which will be held within the next several days. Respectfully submitted, walski, Secretary Board ~Tl~k~--~'-~- ~ .........