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HomeMy WebLinkAboutZBA-09/12/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 12, 1991 A Special Meeting was held by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York, on THURSDAY, SEPTEMBER 12, 1991 commencing at 6:30 p.m. Present were: Chairman Gerard P. Goehringer Member James Dinizio, Jr. Member Robert A. Villa (arr. 6:45) Board Secretary Linda Kowalski Absent were: Member Charles Grigonis and Member Doyen. The Chairman opened the meeting at 6:45 p.m. and proceeded with the first item on the agenda, as follows: APPL. NO. 4043 - JOHlq H. AND GAYLE BIRKMIER (Hearing was held on September 12, 1991, recessed for the purpose of Board inspections and board questions.) The Chairman confirmed that he had walked the interior of both the principal and accessory barn structures on the premises and found no obvious use or occupancy violations which might have an affect on the board's decision. The Board Members deliberated and the following decision was rendered. (Continued on page 2). Southold Town Board of Appeals -2- September 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4043. Application of JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location of Property: 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. WHEREAS, a public hearing was held on August 15, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WJEREAS, 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. By this application, a Special Exception is requested for a "Bed and Breakfast" establishment, accessory to their residence and occupancy, for the rental of three bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family dwelling use of the existing dwelling as provided for by Article III, Section 100-30B(16) of the Zoning Code. 2. The premises in question is located along'the south side of the Main Road in the Hamlet and Town of $outhold, and is Southold Town Board of Appeals -3- (Birkmier Decision, continued: September 12, 1991 Regular Meeting identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 7, Lot 10. 3. The subject premises is improved with a principal dwelling structure, and separate accessory 24' x 36' frame garage/storage building located in the rear yard area. The dwelling structure is shown to be set back 35 feet from the front property line along the Main Road and 18 feet from the westerly property line. The turnaround area for exiting of vehicles is to be located the east and northeast of the existing dwelling. Six (6) parking spaces having a size of 9' x 19' are located to the north of the driveway (near the barn) and along side of the house. (See sketch made a part of the file by the applicants.) 4. This property is presently located in the "R-80" Residential and Agricultural Zoning District, has an area of approximately one-half acre. The only principal use of the premises is for single-family dwelling use, which will not change by the grant of this Special Exception for an accessory "Bed and Breakfast Use." 5. Certificates of Occupancy submitted for the record are: No. 13912Z dated May 6, 1985 for the accessory barn/storage building, and Pre C/O No. Z14064 issued December 6, 1985 for a private one-family.dwelling (and accessory barn under reconstruction per No. 13912Z). In considering this application, the Board also finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of legally established uses of adjacent properties or of properties in adjacent use districts; (2) this accessory use will not adversely affect the safety, health, welfare, comfort, convenience, or order of the Town; (3) the use is compatible with its surroundings and is in harmony with and will promote the general purposes and intent of the zoning laws; (4) the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Board has also considered subsections (a) through (p) of Article XXVI, Section 100-264, of the Zoning Code. Southold Town Board of Appeals -4- (Birkmier Decision, continued:) September 12, 1991 Regular Meeting Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for an Accessory Bed and Breakfast Use in accordance with the requirements of Article III, Section 100-30B(16) of the Zoning Code as applied in the Matter of the Application of JO~N HJ and GAYLE BII~KMIER under Application No. 4043, SUBJECT TO THE FOLLOWING CONDITIONS: Minimum of six (6) parking spaces, as applied; (Also stipulated is that there shall be no selling of retail goods, and owner-occupancy (owner must occupy same as his/her residence). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were: Members Doyen and Grigonis.) This resolution was duly adopted. lk Southold Town Board of Appeals -5- September 12, 1991 Regular Meeting ACTION OF THE BOARD Appl. No. 4045~ Upon application of GLORIA LOWERY. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2; Also referred to as Lot (Combined) Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). WHEREAS, a public hearing was held on August 15, 1991, and all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered ail 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, appellant seeks a variance under Article XXIII, Section 100-239.4B for a 12 ft. x 20 ft. open (unenclosed) deck extension at the north (seaward) end of the existing residenoe. The setback proposed at the westerly side is 15 feet and at the northerly property line 50 feet, or 63'6" from the eisting bulkhead (at its closest points), all as shown on the sketch prepared by Proper-T Services-dated June 10, 1991. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 77, Block l, Lot 2, and contains a total lot area of 12,600+- sq. ft. with 90 ft. frontage along the north side of Oak Avenue, in the Hamlet and Town of Southold. ~age 6- Southold Town Board of Appeals Special Meeting of September 12, 1991 3. The dwelling as exists is shown to be set back 42+- feet from Oak Avenue, side yards at 15 and 29 feet, and the setback to the rear property line measures at a scaled distance of 63.6 feet. (See survey prepared by IRoderick VanTuyl, P.C. dated September 10, 1975. 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. 5. The setback at the closest point between the bulkhead and rip-rap ar~a to the outer edge of the proposed deck is approximately 60 feet, although the distance to the outer edge of the bulkhead is shown by the applicant to be 63'6" (inclusive of steps). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to other structures generally existing in the area; (b) the relief requested is the minimum necessary to afford relief; (c) the relief as 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; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, con- venience 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 requested as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission to locate a 12' x 20' open deck at the rear of the existing dwelling as applied for under Appl. No. 4045 (GLORIA LOWERY), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed and open (unenclosed), as Southold Town Board of Appeals -7- September 12, 1991 Regular Meeting applied for; ~.~ That the construction granted under this variance is limited to an open deck with steps at a setback of 50 feet from the rear property line, 60 feet to the closest bulkhead, 63'6" to the northerly bulkhead shown on the sketch submitted under this application. (It is also understood that all roof runoff shall be retained in drain(s) on site without runoff into the creek areas.) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. [Members Doyen and Grigonis were absent.) This resolu- tion was duly adopted. Southold Town Board of Appeals -8- September 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4048: Application for BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XXIV, Section 100-243 for approval of office addition resulting in an expansion of the existing nonconforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A/C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929). WHEREAS, a public hearing was held on August 15, 1991 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, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land shown on the subdivision "Map of George I. Tuthill" as Lot Nos. 1 and 2 (combined as one parcel under zoning) and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 1, Lot 4.1; (b) is presently improved with a one-story building with addition, more particularly depicted on the November 20, 1987 survey, amended May 7, 1991, prepared by Roderick VanTuyl, P.C.; Southold Town Board of Appeals -9- September 12, 1991 Regular Meeting (c) contains a total lot nonconforming lot area of 16,589 sq.ft, and nonconforming lot width of 104.06 ft. along the northerly property line off of the Main Road (State Route 25) in the Hamlet of Mattituck,l Town of Southold; (d) is improved with a small principal building which existed prior to 1965 of a size of 30 ft. x 18 ft. and which preexisting building contains nonconforming building setbacks as follows: (1) from the north (front) line at 8'8", (2) from the east (side) line at 15" {or 1'3"}. (e) is located in the A-C Agricultural-Conservation Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: (1) lot width 80 ft. (2) front yard setback 35 feet; (3) side yard setback 15 feet; (f) estate office, amendments. contains a nonconforming principal use as a real which preexisted the new Master Plan use district 2. By this application, appellant requests a variance for a 20' by 20' one-story addition for expansion of the existing single real-estate office. The degrees of nonconformance increased by this project are: (a) existing nonconforming use as a real estate office increased by 400 sq. ft. for office/floor area, for a total building floor area of 940 sq. ft.; (b) front yard setback expansion of 20 feet x 20 feet, (all of which is within the jurisdiction of the Board of Appeals since all 400 sq. ft. is that area normally mandated for a 35 ft. front yard area by the code), or 72% of an increase over the existing floor area. Southold Town Board of Appeals -10- September 12, 1991 Regular Meeting 3. In considering this application, the Board also finds: (a) that the relief,l as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the variance will not create an increase in any dwelling u~it density or cause a substantial effect on available governmental facilities; (d) that the relief, as conditionally noted, is feasible for 'appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a 20' by 20' addition for expansion of the floor area of the existing principal office use, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing bluestone, blacktop or any hard pan cover shall be removed from the edge of the building and new addition to the front property line and replaced with soil and a planted lawn, perhaps with low shrubs, for appropriate screening of the front area. No vehicles shall be parked at any time in the front of existing building (front yard). Grass and shrubs must be continuously maintained in good condition at all times. 2. This variance will be held in abeyance pending inspection and written approval by the Board of Appeals. (No Certificate of Occupancy may be issued until written approval has been issued by the Board of Appeals). 3. Egress and ingress shall be to the south/west blacktop or bluestone parking area. VOTE OF THE BOARD: Ayes: . Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent.) This resolution was duly adopted. Southold Town Board of Appeals -11- September 12, 1991 Regular Meeting ACTION OF THE BOARD Appl. No. 4044. Upon appl£cation of WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for approval of deck construction at less than 75 feet from the bulkhead and in excess of the 20% lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. W/qEREAS, a public hearing was held on Au§ust 15 , 1991, 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 Article XXIII, Section 100-239.4B for permission to construct an 500 sq. ft. open deck extension 16.2 feet from the rear (easterly end) of the existing dwelling. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 9 and contains a total lot area of 7,336 sq. ft. 3. The dwelling as exists presently has nonconforming sideyards totaling 29-1/2 feet (7 and 12-1/2), a nonconforming front yard setback at 24 feet, .a nonconforming setback from the bulkhead at 56 feet, and nonconforming lot coverag.e at 24% (1754 sq. ft.). The parcel as exists is substandard with 7,336 sq. ft. in total lot area and a width (frontage) of 56.0 feet. Southold Town Board of Appeals -12- September 12, 1991 Regular Meeting 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. Article XXIV, Section 100-244B limits lotsin a nonconforming status to a maximum lot coverage for all buildings at 20 percent of the total lot area. The increase of the lot coverage over the existing dwelling is 500 sq. ft., or 7%, for a total of 31%. 6. For the record it is noted that similar relief has been granted for other parcels in the area, along Sigsbee Road, etc. 7. In considering this application, the Board finds: (a) the relief requested is substantial in relation to the code requirements although the square footage of construction over that which exists is minimal; (b) the relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed addition without a foundation or basement and without a roof or full enclosure; (c) the relief as 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; (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, will be served by granting the relief as conditionally noted below. the interests of requested and justice Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was Southold Town Board of Appeals -13- September 12, 1991 Regular Meeting 1. The southerly (side) yard shall remain open and free of obstructions (with the exceptio9 of the existing flagstone area). 2. The deck addition remain open and unroofed, as applied. (Ail roof runoff must be retained on site.) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ~Southold Town Board of Appeals -14- September 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from the applicants' attorney). Application of JOSEPH AND BETTfHARDY for a Special Exception to the Zoning Ordinance as authorized by Article XXIX, Section 100-91B(2) to grant approval for a multiple dwelling. Location of Property: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). WHEREAS, a public hearing was held on August 15, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; and WJEREAS, 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. By this application, applicants request a Special Exception for conversion of the existing dwelling structure and approval of an additional (second) dwelling unit, located over the existing single-family dwelling unit, in the "two sty fr. house" depicted on the survey prepared by Peconic Surveyors & Engineers, P.C. dated July 29, 1988. The conversion of the existing dwelling structure proposed is from one single-family dwelling unit to two single-family dwelling units. 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with th~ following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service, Page ]5- Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988, without permits and proper approvals, to a pet-grooming establishment and shortly thereafter converted, again without permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck° 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized or in conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit. (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sg. ft. of lot area. (See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, building as exists may be permitted only as an accessory building and may be used only customarily incidental and the Page ]6 - Appl. No. 3959-SE Matter of JOSEPH AND BETTY HARDY Decision Rendered September 12, 1991 subordinate to the main use on ~his lot, and not as a dwelling unit with cooking or housekeeping facilities. 7. Article XXIX, Section 100-91(B2) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouses. 8. Article XXIX, Section 100-92, Bulk, area and parking regulations permits such use only when the same conforms to the Bulk Schedule and Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full, and in this Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. is required per dwelling unit and per business or office unit. The total uses, together with this Special Exception for a second unit over the existing dwelling unit, amounts to five, inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft. (20,000 sq. ft. x 5 units). Simultaneously herewith, this Board has granted alternative relief for this second dwelling unit in the two-story dwelling structure, in an area variance application made by the applicants. The alternative relief limits the amount of the variance approval up to 20,000 sq. ft. in order to authorize this single dwelling unit. (The relief r~guested by the applicants was for two additional units, and the relief as requested was denied by the Board.) 9. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Zoning Code. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception, authorizing the addition of a second dwelling unit in the existing two-story frame house, (commonly referred to as a "two-family dwelling") in this Hamlet-Business (HB) Zone District, and subject to the following CONDITIONS: Page ]7 - Appl. No. 3959-SE Matter of JOSEPH AND BETTf HARDY Decision Rendered September 12, 1991 1. Compliance with the following zoning code requirements: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only; 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park facing the east); 3. A printed sign to be placed at the front of-the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. Southold Town Board of Appeals -]8- September 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4041: Matter of the Application of DONALD AND JEANNE GRIM. Amendment to Special Exception approval under Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facility, excavation and drainage yard (pursuant to Town Board Resolutio~ adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted under Special Exception No. 3491 (resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, 4.5 (previously part of 4.4). The total lot area consists of 4.59 acres. At a Meeting of the Zoning Board of Appeals held on September 12, 1991, the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding zoning districts and land-use districts; and WHEREAS] after due notice the Southold Town Board issued a Conditioned Negative Declaration under the N.YoS. Environmental Quality Review Act (SEQRA) with respect to this project; and WHEREAS, this project has received conditional approval for a Recycling and Salvage Facility Facility from the Southold Town Board on April 9, 1991; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant seeks a Special Exception under the following provisions of the zoning code: Article XIV, Sections 100-141(A & B), Article XIV, Section 100-140B, applicable to this parcel zoned "LI" Light Industrial and containing 4.59 acres. Southold Town Board of Appeals-]9- September 12, 1991 Regular Meeting 2. Submitted under this application for consideration are site plan maps dated February 1, 1990, revised July 2, 1991, prepared by Peconic Surveyors, P.C. depicting: (a) the proposed outside area for drainage, stockpiling areas and other paved areas, portable screening'plant, portable commercial wood chipper, proposed concrete crusher, proposed and existing septic systems, proposed building and inside loading ramp, roofed drain, cardinale scale and its housing, drywells, existing water lines, berm areas, proposed 5' high identification ground sign, street trees, slatted fence borders (all to meet Planning Board requirements), grade elevations, leeching pools, parking areas, lighting information, etc. 3. It is noted for the record that: (a) the existing uses and buildings, .toqether with all outside facility areas, also shown on this Site plan amended July 2, 1991, have received conditional approval from the Board of Appeals, via Special Exception dated June 25, 1986 under Appl. No. 3491, and via Variance (~or front yard setback of two-story building) on March 5, 1987 under Appl. No. 3595. (b) the subject premises is located in the Hamlet of Cutchogue along the south side of Oregon Road (frontage 362.05 ft.) and is known and referred to as Lot No. 4 of the Minor Subdivision of L.B. Glover (Planning Board ~450). 4. The premises is adjacent on three sides by other industrial zoned properties. To the south is the Southold Town landfill and disposal areas. To the north are properties located in the Agricultural-Conservation Zone District, with existing dwellings. 5. It is the position of this Board that: (a) the proposed recylcing and salvage facilities, with related amenities, will be in conformity with the Zoning Code as applies to this Light Industrial Zone District. (b) the amount of land. applied to this proposed use is more than adequate and will lend to the efficient and safe circulation for vehicles and pedestrians as well as maneuverability of equipment and vehicles on the site, and appropriate located customer and employee parking areas. (c) extended screening wtll be provided to reduce possible noise impacts, and new landscaped areas will be provided {to meet Planning Board requirements as well}; (d) all runoff and discharge will be into drywells and leeching basins; Southold Town Board of Appeals -20- September 12, 1991 Regular Meeting prohibited under the zoning regulations from continuing in conjunction with the uses permitted hereunder; 6. In considering this application, the Board also finds and determines: (a) these use~ will not alter the essential character of this industrial area and are in harmony with and the general purposes and intent of zoning; (b) that these uses will not be harmful aesthetically or be substantially adverse to public health, welfare, safety, convenience, or order of the town; (c) that the proposed uses will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (d) the uses are in harmony with and will promote the general purposes and intent of zoning. The Board has also, among other considerations, considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Southold Town Zoning Code. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to GRANT a Special Exception, for a proposed Recylcing and Salvage Facilities, with related amenities, in conjunction with the existing authorized uses, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proposed crusher to be located 150 feet (approximately) from the rear property line, centered, with appropriate noise screening that may be required by this Board once the crusher is placed in operation. 2. Hours of operation, as agreed by the applicant, for the proposed crusher shall be limited to 9 a.m. to 5 p.m. Monday through Friday. 3. Chipper not to be used on Saturday or Sunday, as agreed. 4. Piling of waste from cars or other vehicles (i.e. seats, etc.), when and if stored, shall be of a temporary time period and shall not be piled at a height of more than 20 feet, with a location 50 feet or more from the property line(s). 5. No burying of materials shall be authorized without valid N.Y.S.D.E.Co permits and other agencies having jurisdiction thereof. 6. Conditions of prior Appl. No. 3595 rendered March 5, 1987 (Grim) and Appl. No. 3491 rendered June 25, 1986 (Grim) must be complied with. 7. The conditions and limitations under thi~ Special Exception must be complied with at all times, as well as during Southold Town Board of Appeals-2]- September 12, 1991 Regular Meeting issuance of state, county and other agency permits or approvals. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer, Dinizio and Villa.~~' This resolution was duly adopted. Southold Town Board of Appeals - 2~ September 12, 1991 Regular Meeting ACTION OF THE BOARD Appl. No. 4042: Upon Application of LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition to dwelling with a setback at less than the required 75 feet from the bulkhead. Location of Property: 8460 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. WHEREAS, a public hearing was held on August 15, 1991, 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 Article XXIII, Section 100~239.4B for permission to construct 12'8" living/dining room addition to the existing dwelling with an insufficient setback from the bulkhead at 42 feet at its closest point, all as more particularly shown on the site and floor plans prepared by Thomas C. Samuels, R.A. dated 7/9/91. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 11, Lot 21, contains a total lot area of approximately 24,373 sq. ft. and lot width of 70.0 feet. 3. The dwelling which exists is presently set back approximately 52 feet from the southeast corner of the house to the second retaining wall (bulkhead structure) along Great Peconic Bay and 39+- feet to the first retaining wall. This existing dwelling contains a first floor area of 2061 sq. ft., exclusive of porches, patios, steps. Southold Town Board of Appeals -23- September 12, 1991 Regular Meeting 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. 5. It is noted that there are other dwelling structures, including the lbg cabin dwelling to the west, situate 75 feet or" more from the bulkhead. 6. It is the position of the board that the a~ount of relief requested is substantial, being approximately 45% of the- standard. It is also the position of this Board that in considering this application: (a) the relief requested is not the minimum necessary to afford relief, and there are alternatives available for appellants to pursue, with greater set backs and less relief from the standards applied; (b) the relief, as requested is not consistent with the essential character of the neighborhood; (c) the difficulties are not entirely uniquely related to the property and are personal in nature; (d) the variance would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of will be served by not granting the relief as requested. justice Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, the relief requested uhder Appeal No. 4042 in the Matter of LAWRENCE CERVON be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent.) This resolution was duly adopted. Southold Town Board of Appeals -2~ September 12, 1991 Regular Meeting Appl. No. 3958: Application of JOSEPH AND BETT~ HARDY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, 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, 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. By this application, applicants request area variances: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit}, and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family.dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. Southold Town Board of Appeals -25- September 12, 1991 Regular Meeting 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: {a)' one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks-in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (~Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential' Districts"). Southold Town Board of Appeals -2'6- September 12, 1991 Regular Meeting 5. (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. .~ (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: office, ...B...2o Multiple dwellings and townhouse; 4. Apartments over retail stores and business subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulation~ were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. Southold Town Board of Appeals -2'7- September 12, 1991 Regular Meeting of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Specia~ Exception permit for a second unit over the existing dwelling~ unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the ~fety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased, dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER Southold Town Board of Appeals -2'.8- September 12, 1991 Regular Meeting RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: :~ 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. -29- NEW HEARINGS FOR SEPTEMBER 26, 1991 The following action was taken: (Agenda Item III): On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise the following applications for public hearings to be held on THURSDAY, SEPTEMBER 26, 1991 commencing at 7:30 p.m., except for reasons as may be noted below: 1) Appl. 2 Appl. 3 Appl. 4 Appl. 5 Appl. 6 Appl. 7 Appl. 8 Appl. (9) Appl. (10) Appl. No. 4054 - WILLIAM A. HANDS, JR. No. 4049 - MR. AND MRS. JOSEPH CARPENITO No. 4053 - DOUGLAS MORRIS No. 4052 - JOHN AND EVELYN KEATING No. 4051 - WILLIAM AND JOAN FISHLINGER No. 3539 - MICHAEL HERBERT No. 4056 - CONSTANTINOS MARKOTSIS No. 4009 - ALEX HOMAYUNI AND CHARLES KAPOTES No. 4050 - RICHARD MULLEN, JR. No. 4055 - ARTHUR TRUCKENBRODT. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen and Member Grigonis were absent.) This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS (SEQRA) {Agenda Item II}: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to declare the following Environmental Declara- tions as noted on the following pages, which determination is 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: TYPE II ACTIONS (coordination and processing not applicable): 1. Appl. No. 2. Appl. No. 3. Appl. No. 4. Appl. No. 5. Appl. No. 4049 - Carpenito 4051 - Fishlinger 4054 - William Hands 4052 - John and Evelyn Keating 4056 - Constantine Markotsis -30- APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF ~PEALS TOWN OF SOUTHOLD SEQRA UNLIS~D ACTION DECI~TION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 12, 1991 Appeal No. 4057 Project Name: John Sepen0ski/J0hn N0bile County T~ Map No. 1000- 54-3-]4.7 over 54-3-14.9 Iq)cation of Project: 5740 H0rt0n Lane, S0uth0]d, NY Relief Reguested/Jurisdiction Before This Bo~d in this Project: ]5' ROW Easement This Notice is issued pursuant to Part 617 of the i~iementing regulations pertaining to /Lrticle 8 of the N.Y.S. Enviroamental ~ality Review Act of the Enviroamental Conservation Law and I~cal Law #44-4 of the Town of Southold. g~ Environmental Assessment (Short) Foz~n has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be Lmplemented as planned, and: ~ { } this Board wishes to assume Lead Agency status and urges coQrdinated written con~aents by your agency to be submitted with the ne>rt 20 days. {X } this Bo~d has taken jurisdiction as Lead Agency, has deemed this ~ard of Appeals application to be an Unlisted SEQP~Action, and has declared a Negative Declaration for the following reasons: a. gm Environmental Assessment has been submitted and evaluated, and/or b. ~ inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This applicakion does not directly relate to new construction or on-site i~rovements. { } this Board refers lead agency status to your agencysince the. ~ard of Appeals does not feel its scope of jurisdiction is as broad as the Plhnning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the ~ard of Appeals is not directly related to site Janprovements or new buildings. (However, if you do not wish to asstune lead agency status within 15 days of this letter, we will assume . you have waived s~e, and we will be reqqlired to proceed as Lead Agenc¥.) For further info~nation, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, h~/ 11971 at (516'j 765-1809. mc of Page 3] - Minutes September 12, 1991 Special Meeting Southold Town Board of Appeals 6. Appl. No. 4053 - Mr. and Mrs. Douglas Morris 7. Appl. No. 4050 - Richard Mullen UNLISTED ACTION (uncoordinated) and Negative Declaration: 8. Appl. No. 4057 - J. Sepenoski/J. Nobile (continued on next page). (ENVIRONMENTAL DECLARATIONS, continued): Vote of the Board: AYES: Messrs. Goehringer, Dinizio and Villa. (Member Doyen and Member Villa were absent.) This resolution was duly adopted by a quorum vote. RECEIPT OF COORDINATION LETTERS on the following: DONALD GRIM - Site Plan pending with Planning Board, lead agency. The Chairman was authorized to send response with concerns as drafted in ZBA letter. McDONALD'S CORPORATION - Site Plan pending with Planning Board, lead agency. The Chairman was authorized to send response with concerns as drafted in ZBA letter. BETZ - Subdivision pending with Planning Board. This project is in a Critical Environmental Area and the involved agencies are the County Health Department and N.Y.S. Department of Environmental Conservation. The jurisdiction of this lot-line variance been exempted under the Type II criteria; we will await a determination by the lead agency at this time. It is expected that the County Health Department will issue a waiver (exempt status) on the lot line layout of this updated map. OTHER UPDATES: METRO/805 CANOPY at Main Road, Cutchogue. This matter is being held in abeyance pending reviews of the traffic study requested by the Planning Board under the site plan section of the zoning code. OLIVERI at Fishers Island. Stephen Ham, Esq. was granted a postponement as requested until the October or November calendar pending receipt of approval from the D.E.C. SEPENOSKI/NOBILE 280-A. Michael Hills, Esq. was granted a postponement without a date, until further notice concerning title to the right-of-way or other title questions. Special Meeting -33- September 12, 1991 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. /pproved - ~mda~Oehringer Respectfully submitted, Board Clerk and Secretary ~ ..... ~ED AND FILED BY ~ ~D TOWN Town Cic:!~, T..v,n' ' c~. ~:ou~d ~'