HomeMy WebLinkAboutZBA-10/15/1992APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
ober . V'
RicP~ar~ ~. ~al ton
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
REGULAR MEETING
THURSDAY, OCTOBER 15,
1992
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, OCTOBER 15, 1992 at the Southold Town Hall,
53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Jr., Member
James D~nizio, Jr., Member
Robert A. Villa, Member
Richard C. Wilton, Member (newly appointed 10/6/92)
Harvey A. Arnoff, Town Attorney
Linda F. Kowalski, Board Clerk
The Chairman opened the meeting at 7:30 p.m. and welcomed
our new member, Richard C. Wilton.
The Chairman then proceeded with the first public hearing
listed on the agenda, as follows:
I. PUBLIC HEARINGS: (The Chairman read each Legal Notice of
Hearing and requested public comments for each.)
(1) 7:32 p.m. Appl. No. 4130 - D. CANTOR and C. HOCHBAUM.
Variance to the Zoning Ordinance, Article III, Section 100-33
for permission to locate accessory garage for (storage) purposes
incidental to the existing single-family residence in an area
other than the required rear yard. Location of Property: 8170
Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map
Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40
Low-Residential" Zone District. Appearance was made by Robert
Brown of Fairweather Brown, Architects in behalf of the
applicants. (Please see verbatim transcript of hearing prepared
~age 2 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
under separate cover and attached for reference as needed.)
Following comments by the public and board members, the hearing
was concluded, pending deliberations at a later
date.
(2) 7:42 p.m. Appl. No. 4129 - ROBERT and RUTH KELLEY.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct deck extension (includes
widening of existing stoop area). The existing stoop is, and
proposed deck extension will be, located within 75 feet of an
existing bulkhead at or near ordinary high water line. Location
of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive,
Greenport (Southold Fire District); County Tax Map Parcel No.
1000-57-01-29. This improved parcel is substandard in size and
is located in the "R-40" Zone District. Appearances were made
by Mr. and Mrs. Kelley. (Please see verbatim transcript of
statements made during public hearing.) At the end of the
hearing, a motion was made by Chairman Goehringer, seconded by
Member Dinizio, and duly carried, to close (conclude) the
hearing as to further testimony and reserve decision until
later. (See action taken later this evening after all public
hearings were finalized.)
(3) 7:46 p.m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3 for permission to construct deck extension with
screened-in enclosure (includes widening of existing deck and
step areas). The existing deck and steps are, and the subject
extension will be, within 35 feet of the rear property line.
The new construction will also exceed the 20% lot coverage
limitation of the Bulk Schedule at Section 100-30A.3. Location
of Property: 170 Orchard Street, Orient: County Tax Map Parcel
No. 1000-25-3-3.1. This improved parcel is substandard in size
and is located in the "R-40" Zone District. Appearances were
made by Mr. and Mrs. Maxwell. (Please see verbatim transcript
for statements made during the public hearing.) At the end of
the hearing, the Board took the following action:
Page 3 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
ACTION OF THE BOARD OF APPEALS
Appl. No. 4131:
Application of WILLIAM AMD GINA MAXWELL. Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission
to construct deck extension with screened-in enclosure (includes
widening of existing deck and step areas). The existing deck
and steps are, and the subject extension will be, within 35 feet
of the rear property line. The new construction will also
exceed the 20% lot coverage limitation of the Bulk Scheule at
Section 100-30A.3. Location of Property: 170 Orchard Street,
Orient, NY; County Tax Map Parcel No. 1000-25-3-3.1. This
improved parcel is substandard in size and is located in the
"R-40" Zone District.
WHEREAS, after due notice, a public hearing was held on
October 15, 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 filed on September 25, 1992
concerning a Notice of Disapproval issued by the Building
Inspector concerning excessive lot coverage on this substandard
lot and reduced rear yard setback for a proposed screened-in
enclosure and deck modification.
2. The premises in question is a nonconforming lot having
a total lot area of approximately 8460 sq. ft. (90 ft. x 94 ft.)
located in the R-40 Zone District. This lot is known as the old
Orient "fire house" and is improved with a 2-1/2 story frame
building as shown on the March 19, 1991 survey prepared by
Roderick VanTuyl, P.C.
3. Also submitted for the record is a construction diagram
Page 4 - Appl. No. 4131
Matter of WILLIAM AND GINA MAXWELL
Decision Rendered Otober 15, 1992
prepared by the applicant showing the location of the principal
structure on the premises (dwelling). The subject open deck
and screened-in porch will extend eleven (11) feet from the rear
wall of the house leaving a setback at between five and six
(5 6) feet feet. The proposed extension will not extend
beyond the sides of the dwelling structure at the west and east
sides and is proposed to be elevated at approximately 13 feet
from ground level. There will also be a stairway (approximately
48 sq. ft.) at the westerly side of the dwelling.
4. The lot coverage for the building, as exists, is
approximately 25+- percent (2125 +- sq. ft.). The increased
lot coverage over the existing for the new area and modified
deck area is 500 sq. ft. (11 ft. by 41 ft. plus permitted
stairway and overhang) which includes the existing deck area to
be reconstructed. The total lot coverage, with the new
construction, would be 30.88 percent of the total lot area
(2625+- sq. ft.).
5. 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 size of the
property is substantially smaller (80%) than the 40,000 for
conforming lots in an R-40 Zone District;
(b) the relief is 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;
(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
modification is minimal and the extension is for an open deck.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT relief under Appl. No. 4131 in the
application of WILLIAM AND GINA MAXWELL for reconstruction and
Page 5- Appl. No. 4131
Matter of WILLIAM AND GINA Fk~XWELL
Decision Rendered Otober 15, 1992
extension (for an open deck area and screened-in porch) with a
setback at 5-1/2+- feet and requested lot coverage at 31 percent
of the total area, as shown on sketch considered with this
application, PROVIDED that the deck remain open and unenclosed.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 6 - Minutes
Regular Meeting for October 15, 1992
Southold Town Board of Appeals
(4) 7:54 p.m. Appl. No. 4133 - ANTONE VOLINSKI.
Variance to the Zoning Ordinance, Article III, Section 100-3 for
permission to exceed the 20% lot coverage limitation for
placement of an accessory shed structure and deck addition at
the rear of existing dwelling. Location of Property: Westerly
Side of Middleton Road, Greenport, NY; County Tax Map Parcel No.
1000-40-5-6. This improved parcel is substandard in size and is
located in the "R-40" Zone District. (Please see verbatim
transcript for statements made during the public hearing.) At
the end of the hearing, the Board took the following action:
WHEREAS, after due notice, a public hearing was held on
October 15, 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, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an appeal of the September 23, 1992 Notice of
Disapproval by the Building Inspector concerning excessive lot
coverage on this substandard lot.
2. The premises in question is a nonconforming lot having
a total lot area of approximately 9340 sq. ft., located in the
R-40 Zone District. This lot is shown on the preexisting
subdivision map of Fleetsfield, Lot #5, Block 3, and is further
identified on the Suffolk County Tax Maps as District 1000,
Section 40, Block 5, Lot 6.
3. Submitted for the record is a sketch prepared by the
applicant showing the present layout of the buildings on the
premises (i.e. existing dwelling and accessory garage)-and the
proposed new construction. The subject deck is proposed to
extend at 12 feet from the rear of the house, and the
applicant's sketch shows a proposed setback at approximately 57
feet from the rear property line. The addition to the garage is
shown to be 14 feet by 22 feet, with setbacks proposed at 15 ft.
from the southerly side property line and maintained at the
present four (4') ft. setback from the rear property line.
Page 7 Minutes
Regular Meeting for October 15, 1992
Southold Town Board of Appeals
3. The lot coverage for the buildings, as exist, is 1911
sq. ft., or 20.46% of the total lot area. The increased lot
coverage over the existing is 500 sq. ft., for a total of 25.9%
(2420 sq. ft. total).
4. The use of the garage expansion will remain as an
accessory use by the resident, for storage and a work shop, and
will not be rented. The deck at the rear of the house will
remain open.
5. 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 size of the
property is substantially smaller (less than 75% of the lot
size) than that required in the R-40 Zone District;
(b) the relief is not substantial in relation to
existing nonconformities of the property and buildings;
(c) the variance requested does not involve any
increase of dwelling unity 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
construction is similar to that generally existing in the area.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT relief under Appl. No. 4133 for a
requested lot coverage at 25.9% (26%) of the total area for a
proposed 12 ft. x 16 ft. wide deck addition at the rear of the
dwelling, and proposed 14 ft. by 22 ft. garage extension, as
shown on sketch considered with this application, PROVIDED that
the garage, as extended, will remain as an accessory use for
garage purposes.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 8 - Minutes
Regular Meeting for October 15, 1992
Southold Town Board of Appeals
I. PUBLIC HEARINGS, continued:
(5) 7:58 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to
the Zoning Ordinance, Article III, Section 100-33 for permission
to locate accessory barn, accessory swimming pool and cabana
structure in areas other than the required rear yard, and under
Section 100-33A for permission to extend height of barn above 18
feet. Location of Property: 14990 Oregon Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-084-01-02. This property is
located in the "Agricultural-Conservation (A-C)" Zone District.
Appearances were made by Garrett Strang, Architect in behalf of
the applicant. (No opposition was submitted from persons in the
audience with respect to this project.) During the hearing, it
was found, after questionning, that the applicant is proposing
to use the second floor of the subject accessory building for
residential use - which is not authorized in conjunction with
the main house. The applicant did not apply to the Building
Inspector in writing for this use, nor was the Notice of
Disapproval issued by the Building Inspector covering this
issue. The applicant was advised that further, separate
consideration would have to be made - and Mr. Strang said he
would discuss this with the applicant in a few days since he was
not appearing tonight. (Please see verbatim transcript of
tonight's hearing for additional statements.)
(6) 8:15 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT
GREENPORT, INC. Special Exception under Article XII, Section
100-121B(1) for permission to establish accessory food services
for its marina patrons as an amenity. Location of Property:
2530 Manhanset Avenue and the westerly side of Sandy Beach Road,
Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This
9.5+- acre parcel is improved and is located in the "Marine-II"
Zone District. Appearances were made by James Siesfeld of
Daniel Natchez and Associates, Inc. and Mike Acebo, General
Manager, for the applicant. (No opposition was received from
persons in the audience with respect to this project.)
END OF PUBLIC HEARINGS.
At this time, the Chairman skipped over to AGenda Item No.
III-B, carryover deliberations in the Matter of Robert H. and
Kathryn B. Dexter.
DELIBERATIONS/DECISION, continued on next page.
Page 9 - Appl. No. 4122
Matter of ROBERT AND KATHRYN DEXTER
Decision Rendered October 15, 1992
ACTION OF THE BOARD
Appl. No. 4042:
Application of ROBERT H. AND KATHRYN B. DEXTER. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239.4B for
permission to construct deck addition to dwelling within 75 feet
from the bulkhead. Location of Property: 8380 Great Peconic
Bay Boulevard, Laurel, NY; County Tax Map Parcel No.
1000-126-11-20. The subject parcel is substandard in size and
is located in the R-40 Zone District.
WHEREAS, a public hearing was held on September 10, 1992,
and at said hearing all those who desired to be heard were heard
and their testimony recorded (and no public opposition was
submitted);
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, appellants seek a variance under
Article XXIII, Section 100-239.4B for permission to construct an
open deck extending 16 feet at the first floor of the house, and
a five (5') overhang at the second floor level, all as shown on
the sketches submitted under this application by the applicants.
The setback proposed between the new deck area and the lower
bulkhead is 47.4 feet at its closest point, and 35 feet to the
upper bulkhead closer to the house.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 126, Block 11, Lot 20,
contains a total lot area of approximately 31,000 sq. ft. and lot
width of 100.0 feet.
3. The dwelling which exists is presently set back
approximately 180 feet from its northwest corner of the house to
Page ~0_ Appl. No. 4122
Matter of ROBERT AND KATHRYN DEXTER
Decision Rendered October 15, 1992
the front (northerly) property line. The distance between the
rear of the house and the second, lower retaining/bulkhead along
Great Peconic Bay appears to be approximately 60 feet. The copy
of a survey submitted has a reduced scale and the certified
distances were not provided by the surveyor at the time that map
was prepared November 9, 1987. It should be noted, however, that
there are two bulkheads, the lower bulkhead is 12 feet farther
from the house than the upper bulkhead.
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 existing structures with
setbacks similar to that of the dwelling currently. The lot to
the west (now of Pillai) has a pool which appears to be at least
55 feet from the lower bulkhead area. The lot to the east (now
or Cervon) has an existing dwelling which appears to be set back
52 feet from the lower bulkhead area. This information was taken
from the maps on file under Appeal No. 4042 (Cervon) which was
denied for a reduction in the bulkhead setback on September 12,
1991, and Appeal No. 3270 dated October 11, 1984 (Pillai). The
Dexter dwelling, as mentioned in paragraph 91, appears to be
situated at 60 feet (or slightly more) from the lower bulkhead at
its closest points.
6. It is the position of the Board that the amount of
relief requested for a 16-ft. deck with a setback at 47.4 feet is
substantial, being approximately 36% of the required 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 is an alternative available for
appellants to pursue, with greater set backs and less relief than
that as applied herein;
(b) the relief, as requested for a reduction to 47.4
feet from the bulkhead is not consistent with the essential
character of neighboring waterfront properties immediately in the
vicinity of this parcel;
(c) the property and buildings are unique;
(d) the variance would in turn set a precedent and
will be adverse to the safety, health, welfare, comfort,
convenience or order of the intent of the zoning regulations of
the Town;
Page ]]- Appl. No. 4122
Matter of ROBERT AND KATHRYN DEXTER
Decision Rendered October 15, 1992
(e) in view of all the above, the interests of justice
will be served by not granting the relief as requested.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Doyen, it was
RESOLVED, the relief requested under Appeal No. 4122 in the
Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is
DENIED WITHOUT PREJUDICE, in its entirety.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio and Villa. (New Member Richard Wilton abstained.)
This resolution was duly adopted.
Page 12 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
ACTION OF THE BOARD OF APPEALS
Appl. No. 4124:
Application of DR. AND MRS. CARL A. SORANNO for a variance
to the zoning ordinance, Article XXIII, Section 100-239.4A(1)
for approval of deck addition within 100 feet of the top of the
L.I. Sound bluff or bank, and Article IIIr Section 100-33 for
approval of accessory storage building located in the front yard
area, 400+- feet from the front property line. Location of
Property: 31059 County Road 48, Peconic, NY; County Tax Map
Parcel No. 1000-73-4-3.
WHEREAS, after due notice, a public hearing was held on
September 10, 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 August 14, 1992 Notice of
Disapproval by the Building Inspector concerning: (a)
construction within 100 feet of the top of the bluff or bank of
the L.I. Sound, and (b) an accessory building in the front
yard area.
2. The premises in question is a conforming lot having a
total lot area of approximately 2.75 acres in this R-80 Zone
District and is identified on the Suffolk County Tax Maps as
District 1000, Section 73, Block 4, Lot 3.
3. Submitted for the record is a survey prepared by Young
& Young, L.S. showing the present layout of the buildings on the
premises (i.e. existing dwelling and accessory garage which is
the subject of this variance and constructed without building
permits or variances).
Page ]3_ Appl. No. 4124
Matter of DR. AND MRS. CARL A. SORANNO
Decision Rendered Otober 15, 1992
4. The deck is open and unenclosed as exists, and is
proposed to remain as such. The deck extends along the westerly
and easterly sides, and along the southerly section of the
existing dwelling. The deck has variable dimensions between 18
feet wide and eight feet wide. (Ref: survey prepared August 7,
1992 by Young & Young, L.So) The setback requested is 35 feet
from the (approx.) top of bluff line as shown on the August 7,
1992 survey, and the remainder of the deck extends landward of
the house.
5. The subject accessory building consists of a size
15 ft. by 19 ft. and has a height to the peak of the roof at
11.8 feet as shown on the construction diagrams submitted as
part of the application with photographs.
6. The use of the accessory building is proposed for
sleeping quarters or guest use; however, the use of this
building is limited to storage, garage, workshop, etc. as
established as customary and further provided in the accessory
use provisions of the R-80 Zone District at Section 100-31C. A
use variance has not been applied for as part of this area
variance application for the accessory building. Such a use
for sleeping or living purposes is prohibited and is not
properly before the Board at this time.
7. 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 - the front yard area as defined presently
in the zoning code defines that yard area facing the
right-of-way. The yard area facing the L.Io Sound is defined in
the code as the rear yard, although it is prohibited to build
within 100 feet of the L°I. Sound bluff or bank;
(b) the relief is substantial in relation to
requirements, however, it is not uncommon to have waterfront lot
with limited rear (water side) yard areas;
(c) the variance requested does not involve any
increase of dwelling unity density;
(d) the relief requested will not cause a substantial
effect on available governmental facilities since the structure
will be permitted to be used only for storage or accessory uses
customarily incidental to the main residential use of the
premises;
Page ]4 _ Appl. No. 4124
Matter of DR. AND MRS. CARL A. SORANNO
Decision Rendered Otober 15, 1992
(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
construction is similar to that generally existing in the area.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Villa, it was
RESOLVED, to GRANT the area setback variances requested
under Appl. No. 4124 in the Matter of Dr. and Mrs. Carl A.
Soranoo for a deck addition to dwelling and accessory building
in the front yard area, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The accessory building is restricted to those accessory
use for storage or garage purposes (such as a hobby shop or
artist's work studio) customarily incidental to the main use of
the premises, not to involve a separate use, not to involve
sleeping or living quarters, not to involve sales or similar
gainful purposes;
2. No plumbing facilities for a shower and/or lavatory
(toilet), except that one sink with minimal plumbing hook ups
will be permitted as regulated and authorized by the Suffolk
County Department of Health Services;
3. No other utilities, except that electricity will be
permitted;
4. Covenants in legal, recordable form shall be prepared
and submitted by the applicants for acceptance, and if approved,
shall be filed by the applicants with the Suffolk County Clerk's
Office binding all owners, subsequent owners, their heirs and
assigns.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizio, and Villa. (Member Wilton, appointed on October 6,
1992 abstained entirely.) This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
Page ]5 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
ACTION OF THE BOARD
Appl. No. 4119 (SE):
Application in behalf of WILLIAM GOODALE, as owner, and
RICHARD GOODALE (Tenant) for a 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 lhe 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,
Laurel (near Mattituck), NY; County Tax Map Parcel No.
1000-122-06-30.1 (previously referred to as Lot 30).
WHEREAS, after due notice, a public hearing was held on
July 29, 1992 and September 10, 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 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 County Parcel Lot 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
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
~age ]6_ Appl. No. ~ .19SE
Decision Rendered October 15,
Matter of WILLIAM GOODALE
1992
single-family residential use--which structures were built prior
to April 23, 1957 and are more particularly designated on the
April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S.
3. The provision under which this application is made is
Article X, Section 100-101B(12) which reads as follows:
.... 100-10lB. Uses permitted by special exception by
the Board of Appeals. The following uses are
permitted by the Board of Appeals, as hereinafter
provided, subject to site plan approval by the
Planning Board: .o.
(12) Public garages, gasoline service stations,
new and used motor vehicle lots, vehicle sales and
rental, including the sale of recreation vehicles and
trailers and boat sales, with accessory repair
facilities, all subject to the following requirements:
(a)
Entrance and exit driveways shall have an
unrestricted width of not less than twelve
(12) feet and not more than thirty (30) feet
and shall be located not less than ten (10)
feet from any property line and shall be so
laid out as to avoid the necessity of any
vehicle backing out across any public
right-of-way.
(b)
Sale of used vehicles or boats shall be
conducted only as accessory to the sale of new
vehicles or boats.
(c)
Vehicle lifts or pits, dismantled autombiles,
boats and vehicles and all parts or supplies
shall be located within a building.
(d)
Ail service or repair of motor vehicles, other
than such minor servicing as change of tires or
sale of gasoline or oil, shall be conducted in
a building.
(e)
The storage of gasoline or flammable oils in
bulk shall be located fully underground and not
less than thirty-five (35) feet from any
property line other than the street line.
(f)
No gasoline or fuel pumps or tanks shall be
located less than fifteen (15) feet from any
street or property line.
~age ]7 - ~
Appl. No. 19SE
Decision Rendered October 15,
Matter of WILLIAM GOODALE
1992
(g)
(h)
Outdoor area lighting shall be that generally
required for security purposes and shall be
restricted to the front one-third (1/3) of the
lot depth. All outdoor lighting shall be
located at a height of not more than fourteen
(14) feet above ground level and so directed
that illumination should not extend beyond lot
lines.
No gasoline service or repair shops or similar
businesses are to be located within three
hundred (300) feet of a church, public school,
library, hospital, orphanage or rest home...
4. With reference to Section 100-101B, supra, the
following are noted to show a breakdown in the type of use
requested in the above-noted Special Exception category:
(a) Public Garage use is not proposed;
(b) Gasoline Service Station use is not proposed;
(c) New motor vehicle lot is not proposed. (The
subject lot will not be displaying new motor vehicles.)
(d) Used motor vehicle lot accessory to the sale of
new vehicles or boats IS proposed and is being considered..
(e)
(f)
are proposed.
(g)
is proposed.
(h)
(i)
business
No repair facilities are proposed.
No servicing or major repairs of motor vehicles
No storage of gasoline or flammable oils in bulk
No gasoline or fuel pumps or tanks are proposed.
No gasoline service or repair shop or similar
is proposed.
5. Reference is also made by the Board for informational
purposes to Section 100-10lC, subsections (1-4) of the General
"B" Business zoning regulations which provide for other specific
accessory uses also subject to site plan review. Used car sales
and leasing and principal sales office uses are addressed in the
Zoning Code as principal uses in this zone district. It should
also be noted that these uses are not specifically listed in the
zoning code as allowable accessory uses to any other principal
uses, and applications requesting same have not been made until
March 5, 1992 (see variance for multiple uses with insufficient
land area under File No. 4092).
'Page ]8- Appl. No.~ i19SE
Decision Rendered October 15, 1992
Matter of WILLIAM GOODALE
6. By this Special Exception application, the applicant
requests approval for:
(a) proposed telephone or office sales, by catalog or
brochure sales, for the shipping of solar-conversion cars from
the Solar Car Corporation located in Melbourne, Florida to a
location specified by a proposed purchaser -- the applicant is
not proposing display of the solar cars on-site because of the
company's requirements for purchase first, and the applicant, he
says, would have to purchase the vehicle to display it on this
property;
(b) proposed on-site sales and display of
approximately 13 used vehicles, plus additional parking for its
customers and employee(s) related to said used-car sales;
(c) proposed office use for leasing and related
business office activities, conducted in the front building
first-floor area of 662 sq. ft., in addition to the existing
principal single-family residential use of this building, and
separate existing single-family 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. of the second floor only (main front
building).
7. Reference is made to the following requirements of
zoning code and other zoning information relative to this
project and premises:
the
(a) a Pre-1957 Certificate of Occupancy #Z10885 dated
March 1, 1982 relates to the above-mentioend two nonconforming
one-family dwellings with accessory storage;
(b) Certificate of Occupancy #Z12534 dated
June 11, 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: lawA;er'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
~Page ]9- Appl. No. ~ 19SE
Decision Rendered October 15,
Matter of WILLIAM GOODALE
1992
building, without physical enlargement of the principal
structure and without expansion of any nonconforming living
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 or town permits, for used-car
sales and leasing. The applicant has been since early 1991 to
date operating a used-car s~les establishment in conjunction
with the two existing residences without substantiating
sufficient proof that the establishment is an accessory to a new
car sales establishment as required in the zoning code.
Approvals for this newly added use are also necessary from and
are pending before the Southold 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.
8. 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. additional.
Combined, the total lot area requires 90,000 sq. ft. of land
area for (any) three principal uses. The applicant's request to
allow increased density on this 36,155 sq. ft. parcel was
denied; however, alternative relief for the total lot area to
accommodate two principal uses as a maximum was conditionally
granted under 4092 on April 2, 1992.
9. To come into conformance with the conditions of the
area variance under Appl. No. 4092, the applicant is to remove
one of the existing (residential) principal uses in exchange for
the proposed car sales establishment.
10. Certain adopted standards and criteria must be met
before a Special. Exception permit may be granted in the Town of
Southold. Thus, proof must be submitted into the record to show
that the proposed use will meet all the standards imposed by the
zoning ordinance.
Page 2~ Appl. No.~ I19SE
Decision Rendered October 15,
Matter of WILLIAM GOODALE
1992
11. Compliance with the standards, intent and conditions of
the ordinance must be determined. It is the position of the
Board that the proof furnished thus far is not sufficient to
comply with these requirements. No proof has been submitted to
show the percentage of its business as a new car sales
establishment, as compared to the percentage of its business as
a used-car sales-leasing establishment. Additional proof must
be furnished, and the time is being extended for the applicant
to furnish that proof for an additional six (6) months from the
date of this decision.
12. Accordingly, before passing upon this application with
a final determination, the Board hereby extends the time for an
additional six (6) months for the applicant-property owner to
substantiate proof, testimony and/or other documentation as to
compliance with the requirements of the zoning code for a new
cars sales dealership, as well as proof as to the percentage of
its business for an accessory used-car sales-leasing
establishment. (The information furnished by the applicant is
not sufficient to satisfy the standards and considerations for
the grant of a Special Exception, including but not limited to
Section 100-264, subsections A through P.)
NOW, THEREFORE, on motion by Mr. Goehringer, seconded
Mr. Doyen, it was
RESOLVED, to permit occupancy for new car sales at the
site, with used-car sales as an accessory thereto, for an
eight-month period, and that a FINAL PUBLIC HEARING be and
hereby is scheduled to be held on or about JUNE 30, 1993,
SUBJECT TO THE FOLLOWING CONDITIONS:
1) Reserving the right of the Zoning Board of Appeals to.
conduct a final hearing under this application for the purposes
of reviewing proof that the applicant is a new car salesman and
allowing the Board consideration of further proof for the
purposes of adequately fulfilling the standards and criteria
necessary before a Special Exception; AND
2) Reserving the right to the Zoning Board of Appeals to
reconsider this eight-month (interim) authorization for the
purposes of determining several issues, including but not
limited to whether or not the additional proof to be submitted
will or will not adequately fulfill the requirements and
standards of the zoning laws for the proposed principal use as a
new car establishment, the percentages of business in relation
to the proposed new car establishment as well as the accessory
sales of used cars; AND
~age 2]_ Appl. No.~ .19SE
Decision Rendered October 15,
Matter of WILLIAM GOODALE
1992
3) 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
4) That the existing separate, detached residential
cottage structure in the rear yard be converted to accessory
(inactive) storage use, or be removed within three (3) years
from the date of the filing of the variance determination under
Appl. No. 4092; and
5) That the issuance of a Special Exception for a new car
sales dealership is contingent upon a final hearing and final
determination to be held on or about June 30, 1993 for the
purposes of requesting the applicant finally to submit all
up-to-date information and ~roof acquired during this
eight-month time period for selling of new cars from the site,
the percentage of its business in relation to both the accessory
used-car sales-leasing and the principal new car dealership,
and other standards and requirements necessary for the grant of
a final Special Exception, and other town, state, and county
regulations applicable for final approval (such as site plan
review, etc.).
6) That Covenants and Restrictions shall be:
(a) prepared in legal, recordable form executed by the
property owner, outlining an agreement between the owner and the
applicant-tenant, insuring compliance by the owner and tenant of
all conditions and requirements; and
(b) approved or modified as deemed necessary by the
Town;
(c) recorded by the owner in the Suffolk County
Clerk's Office within 30 days of the filing of this decision
with the Office of the Town Clerk, {before this approval may be
effectuated), and the Town Board of Appeals shall be furnished
with proof of such county filing for the Town's permanent
records; and
7) That there shall be no parking of vehicles in need of
major repairs or servicing or those which are inoperable or
dismantled;
8) That the processing of the site plan before the Towa
Planning Board may be held in abeyance by the applicant-property
'~age 22- Appl. No.~.19SE
Decision Rendered October 15, 1992
Matter of WILLIAM GOODALE
owner, with no substantially major or adverse alteration to the
site, its egress/ingress area and parking areas, buildings,
until such time as a final hearing on the Special Exception
standards has been held and a final determination rendered by
the Board of Appeals.
9) That the number of vehicles for sales display shall be
limited to not more than ten (10) vehicles at any one time; and
10) That the total number of vehicles on the site,
including vehicles for sales display, temporary transition
parking, employee parking, shall not exceed 18 cars or vehicles
at any one time, eight (8) of which must be parked in the rear
of the "converted storage building at the rear of the premises"
(now used as a cottage);
11) That all vehicles related to this Special Exception
must be located so as to permit adequate maneuverability, safety
at all times, proper and unbbstructed ingress and egress; and
12) That all vehicles shall be placed and/or parked
on site and shall not be placed any closer than 12 feet from the
inside edge of the existing front sidewalk, or 10 feet from the
front property line, whichever is greater.
13) That there shall be no banners, flags or similar types
of cosmetic advertising; and all outdoor lighting must be for
security purposes only, without glare or disturbance to traffic
or neighboring properties; one ground or wall sign, if
proposed, must be in accordance with all sign regulations.
14) That a buffered emergency shall be placed ten (10) feet
from the property line and twelve (12) feet from the front
sidewalk, whichever is the greater distance. This can be
accomplished by a single line of six (6) ft. "railroad ties" (or
better as may be substituted by the ZBA), and shall be situated
parallel with the property line along the Main Road. This
provision shall not be deemed an approval of any specific
setback and the Board reserves its right to make further
adjustments of setbacks at the time of the final hearing.
15) That in the event code violations exist or are found
which are contrary to other regulations of the Southold Town
Code, or which are contrary to the conditions herein, this
Page 23 Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
interim determination shall not preclude any proceeding taken by
the Town to enforce the same, now or in the future.
Vote of the Board: Ayes: Messrs. G0ehringer, Doyen, Dinizi0 and
Villa. This resolution was duly adopted.
(Abstained: Member Wilton, newly appointed 10/6/92).
Page 24 - Minutes
Regular Meeting of October 15, 1992
Southold Town Board of Appeals
The Chairman proceeded to Agenda Item II-A -
"ADMINISTRATION OF ZONING PROCEDURES." After discussions
amongst the members, the following action was taken:
WHEREAS, the Town Board has, pursuant to Section 100-271(D)
of the Zoning.Code, authorized and requested that the Board of
Appeals render its opinion on the following question:
~..Who has the authority under the Southold Town Zoning
Code to determine in the first instance whether or not
a particular application must go before the Planning
Board for site plan review and approval"; and
WHEREAS, the Board of Appeals has carefully considered:
(a) the Southold Town Zoning Code,
XXVII, "Administration and Enforcement,"
which reads:
Chapter 100, Article
Section 100-280A,
...It shall be the duty of the Building Inspector and
such deputies and assistants as may be appointed by the Town
Board to administer and enforce the provisions of this chapter
and of all rules, conditions and requirements adopted or
specified pursuant thereto... ";
and in preparing these provisions of the zoning code, the
legislative body (Town Board) has specified the land uses that
are subject to review within the general use provisions (see
applicable zone district) thereby deciding how broad an array of
uses will be subject to site plan review;
(b) the Southold Town Zoning Code, Chapter 100, Article
XXV, "Site Plan Approval" Review Considerations and Standards as
adopted by the Town Board);
(c) New York Zoning Law and Practice Section 10.07 and
publications by the N.Y.S. Department of State wherein:
(1) the common delegation of power to "review site
plans" has similarity to the delegation of authority to
architectural review boards to "review building plans";
(2) the site plan authority of the Planning Board
is strictly limited to reviews in accordance with those
standards set in the zoning code by the legislative body;
Page 25- Board of Appeals
Re: Procedural Authority under Zoning Code
(d) other laws, rules, regulations, town planning board
opinion, state and county opinions pertinent to the administra-
tion of zoning ordinances to Southold Town and similar statutes
created for other state-wide towns in New York, including but
not limited to the following:
(1) the provisions of New York Town Law, Section 138
and Public Officers Law Section 2 which together gives-the
building inspector the power of "general and executive
administration" of the zoning ordinance, Matter of Ralph B.
Haller v. Town of Ellicott, 42 AD 2d, 829-830, etc.;
(2) the provisions of New York Town Law, Section
274(a) which provides that the Town Board may authorize a
planning board, as part of a zoning code, to "review and approve
site plans," with established standards for such reviews; and
(3) the case law reiterating the fact that
"administrative agencies can only promulgate rules to further
the implementation of the law as it exists; and that the
administrative agencies have no authority to create a rule out
of harmony with the statute" {Matter of McNulty v. State Tax
Commn. 70 NY 2d 788, 791, quoting Finger Lakes Racing Assn. v.
New York State Racing & Wagering Bd., 45 NY 2d 471, 480};
(4) Appellate Division, Second Department, Moriarty
v. Planning Board (119 AD2d 188, Septer~oer 2, 1986, and related
citations confirming that it is the enabling legislation {Town
Board} that gives review powers to a municipal body {either Town
Board or Planning Board};
(5) legal opinion from the Town Attorney dated
August 12, 1992 concluding that"the Building Inspector is
responsible for deciding whether a site plan will be required."
NOW, THEREFORE, On motion by Mr. G0ehringer, seconded by
Mr. Dinizio , it was
RESOLVED, that:
(a) the administrator for the purposes of administering
procedures under the Southold Town Zoning Code is a
responsibility and function of the building inspector of the
Town of Southold, in addition to all other duties authorized
therein (such as enforcement, etc.); and
(b) the reviews of the site plan standards established at
Article XXV is under the authority of the Planning Board, and in
~Page 26 - Board of Appeals
Re: Procedural Authority under Zoning Code
doing so, the Planning Board may not exceed the bounds of this
site plan review power specifically delegated to it by the Town
Board;
(c) at such time as the building inspector receives an
application for a building permit in complete form with all
documentation listed under Section 100-281A(1-7) and after
reviewing the same, further requires, under the auspices of the
zoning regulations, a site plan map to be reviewed and~approved
by the Planning Board, the applicant may request the Building
Inspector to review the site plan map in order that the Building
Inspector may, with full authority and without special
permission from the planning board, prior to commencement of
(or during) the site plan review process before the planning
board, provide a complete review and analysis of the site plan
map -- particularly as to its compliance with the zoning use
provisions, setbacks, area, parking and other zoning provisions,
and pursuant to Section 100-281F "...state in writing to the
applicant the reasons for his denial"; and
(d) the factors a Planning Board may consider with respect
to site plan review is specifically limited to the construction
of the enabling legislation concerning "the layout, design and
related aspects of proposed development of a single lot intended
to remain as such." A site plan is a plan required to be
submitted by the builder or owner showing the proposed location
of the buildings, parking areas and other installations on the
plot, and their relation to existing conditions, such as roads,
neighboring land uses, natural features, public facilities,
ingress and egress roads, interior roads, and similar
features." In essence, a site plan shows the proposed design
and layout of the improvements to be placed on a parcel. The
Legislation confers on the planning board no authority to
regulate matters beyond the obvious purpose of the legislation
(and does not consistute a grant of police power to regulate
land use). When the Legislature authorized planning boards to
pass upon the layout, design and related aspects of proposed
development, it did not authorize them to assume the powers of
building inspectors or zoning administrators.
Accordingly, it is the Building Inspector who has the
authority under the Southold Town Zoning Code in the first
instance to determine whether or not a particular application
must go before the Planning Board for site plan review and
approval.
VOTE OF THE BOARD: Ayes: Doyen, Goehringer, Dinizio,
Villa and Wilton. This resolution was duly adopted.
Page 27 - Minutes
Regular Meeting of October 15, 1992
Southold Town Board of Appeals
The Chairman proceeded to Agenda Item II-B - RE: COUNTY
PLANNING ACTION: After discussions amongst the members, the
following action was taken:
RESOLUTION
OCTOBER 15, 1992
REGULAR MEETING
WHEREAS, the Board of Appeals rendered determinations on
August 18, 1992, in the Matter of the Application of LINDA
TAGGART for area variances under Appl. No. 4116, and the
Application of LINDA TAGGART for a Special Exception under Appl.
No. 4117, and filed in the Town Clerk's Office on September 4,
1992; and
WHEREAS, pursuant to Section A14-23 of the Suffolk County
Administrative Code, a referral was submitted to the Suffolk
County Department of Planning, which has jurisdiction within 500
feet of a State or County Road; and
WHEREAS, the Suffolk County Department of Planning at its
October 7, 1992 Meeting, reviewed the subject area variance
application concerning lot area and rear yard setback, and the
subject Special Exception application concerning use of the
proposed building in this Light-Industrial Zone District; and
WHEREAS, at its October 7, 1992 meeting, the "variance
application in connection with a special exception" (ref. county
planning staff report) was disapproved for the reasons noted in
its letter dated October 8, 1992; and
WHEREAS, at its October 15, 1992 Regular Meeting, Board
Member Richard C. Wilton confirmed that he has become fully
familiar with the premises, its lot size, character, topography,
etc. as well as the proposed use and building location with
setbacks, and existing buildings in the vicinity of this
property, that he has personally visited the subject premises,
that he has read the entire record, including the verbatim and
written portions of the hearing record, and that he is fully
familiar with the subject application and its record in all
respects; and
WHEREAS, the disapproval with six reasons adopted by the
Suffolk County Planning Commission was reviewed and discussed at
length by all five (5) voting members present, constituting the
full Board; and
Page 28- Matter of Linda Taggart
Southold Town Board of Appeals
Resolution of October 15, 1992
WHEREAS, it was determined by the Board of Appeals to
override the disapproval of both applications No. 4116 and 4117
in the Matter of LINDA TAGGART before the Board of Appeals as
adopted October 7, 1992 by the Suffolk County Planning
Commission, and REAFFIRMS its decision, with conditions and
restrictions as rendered on August 18, 1992, reiterating and
reaffirming the same findings and reasons as noted therein;
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, that the Board of Appeals does hereby OVERRIDE
the disapproval of the Applications filed in the Matter of LINDA
TAGGART concerning premises located along the south side of
N.Y.S. Route 25 (Main Road), Greenport, NY; County Tax Map ID
No. 1000-53-2-2, under Appl. No. 4116 for area variances and
under Applo No. 4117 for a Special Exception, as rendered
October 7, 1992 by the Suffolk County Department of Planning,
and the Board of Appeals does hereby REAFFIRM its
determinations, with conditions imposed therein, all as rendered
by the Board of .Appeals on August 18, 1992.
VOTE OF THE BOARD: AYES: Messrs. Doyen, Goehringer,
Dinizio and Wilton. NAY: Member Villa. This resolution was
duly adopted by a majority-plus-one vote of all the members
(five) present. (Vote as required under the Suffolk County
Administrative Code was sufficient to pass and override the
County's disapprovals of both applications.)
Page 29 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
Agenda Item II-C - Proposed Local Laws. Discussion was
held, particularly with reference to the proposed Local Law to
Amend Section 100-33 - Accessory Buildings for Waterfront
Lots. It is the consensus of four of the five members present
to authorize the Chairman to send written communications to the
Town Board with many concerns with the law as written.
Member Dinizio indicated he was, however, in favor of the Local
Law as drafted by the Town Attorney. The Chairman indicated
that he will provide the Town Clerk's Office with a letter for
the Town Board prior to the anticipated hearing date (before
November 1992).
Page 30 Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
ACTION OF THE BOARD
Appl. No. 4129.
Upon application of ROBERT F. and RUTH S. KELLEY for a
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct open deck extension
(includes widening of existing stoop area). The existing stoop
is, and proposed deck extension will be, located within 75 feet
of an existing bulkhead at or near ordinary highwater line.
Location of Property: Southold Shores Lot No. 8; 750 Blue
Marlin Drive, Greenport (near Southold); County Tax Map Parcel
No. 1000-57-01-29. This improved parcel is substandard in size
and is located in the "R-40" Zone District.
WHEREAS, a public hearing was held on October 15, 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,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1o By this application, appellant seeks a variance under
Article XXIII, Section 100-239.4B for permission to construct a
12 ft. deep deck extension as shown on the sketched prepared and
submitted by the applicants herein. The deck addition is to be
located at the rear of the existing dwelling over the present
stoop area and set back at 53 feet (shown on the sketch).
2. The subject premises in question is a substandard lot,
identified on the Suffolk County Tax Maps as District 1000,
Section 57, Block 1, Lot 29, has a frontage of 100 feet along the
south side of Blue Marlin Drive, Arshamomaque, Greenport, and
100.02 feet along the ordinary highwater mark of Peconic Bay.
This parcel contains a total lot area of approximately 24,830+-
square feet.
3. The setback distances of the existing dwelling are shown
to be 67+- feet from the bulkhead to the rear wall of the
Page 3] - Appl. No. 4129
Matter of ROBERT AND RUTH KELLEY
Decision Rendered October 15, 1992
existing house.. The new deck is elevated approximately two (2')
feet above ground level and is proposed with a 53-55 feet setback
from the bulkhead at its closest point, the ground level deck at
approximately 40 feet from the bulkhead. No accessory (storage)
buildings exist at the premises currently.
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 12 feet for the raised deck, and an additional 15
feet for the new step area and ground-level deck.
6. In considering this application, the Board finds:
(a) the relief as requested is substantial in relation
to the requirements;
(b) the relief granted will not alter the essential
character of the neighborhood;
(c) the practical difficulties are uniquely related to
the property and are not personal;
(d) the relief granted for an open deck at the rear of
the dwelling will not in turn be adverse to the safety, health,
welfare, comfort, convenience or order of the town, or be adverse
to neighboring properties;
(e) 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. Villa, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT relief for an open deck addition at the
rear of the existing dwelling, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the elevated deck construction shall be not closer
than 53 feet (as applied), at its closest distance to the
bulkhead;
2. That this deck construction remain open and unroofed at
all times (not to be enclosed in any manner);
Page 32 Appl. No. 4129
Matter of ROBERT and RUTH KELLEY
Decision Rendered October 15, 1992
3. Any structural enlargement or expansion within the 75
ft. setback from the bulkhead, or other nonconforming yard areas,
will require further application to and approval by this Board
under Section 100-239.4B.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
ACTION OF THE BOARD
Appl. No. 4128.
Application of BREWER'S YACHT YARD AT GREENPORT, INC.
Special Exception under Article XII, Section 100-121B(1) for
permission to establish accessory food services for its marina
patrons as an amenity. Location of Property: 2530 Manhanset
Avenue and the westerly side of Sandy Beach Road, Greenport,
NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre
parcel is improved and is located in the "Marine II" Zone
District.
WHEREAS, after due notice, a public hearing was held on
October 15, 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 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 M-II Marine
Zone District in the Hamlet of Greenport, Town of Southold, and
is more particularly identified'as County Tax Map District 1000,
Section 43, Block 3, Lot 2.
2. The subject parcel contains a total area of 9.5+- acres
of which 7.3+- acres is above the mean high water line of
Sterling Creek. This parcel fronts along two streets: 479.60
feet along the south side of Manhanset Avenue and 481.84 feet
along the west side of Sandy Beach Road. According to records
on file with the Building Department, Town Trustees and Planning
page 33 - Appl. No. 4128-SE
Matter of BREWER'S YACHT YARD AT GREENPORT,
Decision Rendered October 15, 1992
INC.
Board offices, this parcel is and has been used and improved as
a boat yard with sales, storage, repair facilities, display,
club house, shop building, and related uses.
3. By this application, a Special Exception is requested
to establish "accessory food services" only for marina patrons
of Brewer's Yacht Yard as an amenity.
4. Reference is made to the following information
submitted for the record:
(a) the location of the food (snack bar service and
lounge) is to be located in the relocation clubhouse building
set back approximately 241 feet from the front property line
along Manhanset Avenue and adjacent to the pool and pool
decking, which is shown to be 101.8 feet from the inside corner
of bulkhead at its closest point to the timber fencing around
the pool decking area.
(b) Certificates of Occupancy issued of record by the
Building Inspectors from December 29, 1989 and prior thereto.
(c) all site plan elements are being provided at a
future date by the Planning Board under its simultaneously
pending site plan application {see coordination letters sent by
the ZBA to the PB for coordination comments, and requesting an
update of this project).
5. Previous approvals have been issued concerning past
site plan reviews, wetland permits, dredging permit(s) by the
U.S. Department of the Army and N.Y.S. Department of
Environmental Conservation over the past decade {please see
Planning Board and Town Trustees files of record);
6. Article XII, Section 100-121B of the Marine II District
provisions reads as follows:
...B. Uses permitted by special exception
by the Board of Appeals. The following uses
are permitted as a special exception by the
Board of Appeals, as hereinafter provided,
subject to site plan approval by the
Planning Board:
(1) Restaurants, excluding outdoor counter
service, drive-ins or curb-service establish-
ments. Such prohibition shall not prevent
service at tables on a covered or uncovered
terrace or porch incidental to a
restaurant... "
Page 34- Appl. No. 4128-SE
Matter of BREWER'S YACHT YARD AT GREENPORT,
Decision Rendered October 15, 1992
INC.
7. In passing upon this application, the Board Members
have also considered Sections 100-263 and 100-264 of the Zoning
Code and have found and determined the following:
(a) That the proposed use falls within the category
proscribed in the zoning ordinance at Section 100-121B(1);
(b) That the proposed use as an accessory food service
establishment incidental to the marina and boatyard, and not as
a separate principal use, will not prevent the orderly and
reasonable use of adjacent properties or of properties in
adjacent use districts;
(c) That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use districts;
(d) That the safety, health, welfare, comfort,
convenience, or order of the town will not be adversely affected
by the proposed use and its location;
(e) That the use will be in harmony with and will promote
the general purposes and intent of this chapter;
(f) That the use will be compatible with its surroundings,
with the character of the neighborhood and of the community in
general, particularly with regard to visibility, scale and
overall appearance and the fact that the property is bounded on
the north and west by a cemetery (zoned R-80), south by a town
boat landing, southwest by Sterling Creek, north by a Town
street (Manhanset Avenue), and northeast by a Town street (Sandy
Beach Road), and residences (opposite Sandy Beach Road).
(g) That the proposed use for accessory snack bar services
incidental to the marina and boatyard shall be issued as such,
and no other uses hereunder are included as part of the Special
Exception review before the Board at this time.
(h) This Board shall have the right, to modify, suspend or
revoke this approval or any term or condition hereof or to
impose one or more new conditions in the event of failure to
company with the terms of this Special Exception approval, or in
the event the activity for an accessory food service extends
beyond the scope of this application and limitations set by the
Board.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Wilton, it was
Page 35 - Appl. No. 4128-SE
Matter of BREWER'S YACHT YARD AT GREENPORT,
Decision Rendered October 15, 1992
INC.
RESOLVED, to GRANT a Special Exception for an accessory
food service establishment incidental to the principal use
(marina) for its marina patrons, as requested under Appl. No.
4128 in the Matter of BREWER'S YACHT YARD AT GREENPORT, INC.,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The floor area of the accessory food service
establishment is limited to 46 ft. by 60 ft. requested and shown
on the site plan prepared by Daniel S. Natchez and Associates,
Inc. (lastly dated July 31, 1992).
2. Any expansion, modification, alteration or change to a
use or floor area beyond the scope of this Special Exception
shall be subject to further approval by the Board of Appeals;
3. Approval by the Planning Board in accordance with the
standards and provisions for site plan reviews under Section
100-254 of the zoning code.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizio, Villa and Wilton. This resolution was duly adopted.
CALENDAR FOR MONDAY, NOVEMBER 9, 1992: On motion by
Chairman Goehringer, seconded by Member Dinizio, and duly
carried, the following matters were authorized and calendared
for public hearings to be held at the Southold Town Hall, Main
Road, Southold, New York, on MONDAY, NOVEMBER 9, 1992
commencing at 7:32 p.m. and thereafter:
1) 7:32 p.m. Appl. No. 4099 - Application of CHARLENE
EDWARDS for a Variance to the Zoning Ordinance, Article XXIII,
Section 100-239oA for approval of deck extension between
existing deck and stairs along the bluff of the Long Island
Sound. Location of Property: 880 Salt Marsh Lane, Peconic,
NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of
this lot has a total area conforming to the requirements for
this R-40 Zone District.
2) 7:35 p.m. Appl. No. 4098 - Application of INDEPENDENT
GRoUp HOME LIVING PROGRAM, INC. (IGHLP) appealing the June 30,
1992 Notice of Disapproval issued by the building inspector, for
relief under Article XXIII, Section 100-231(B) of the Zoning
Ordinance for the placement of fencing at more than the 6-1/2
ft. height limitation {proposed height: 8 ft.}. Location of
Property: 52550 Main Road, Southold, NY; County Tax Map Parcel
No. 1000-61-3-1.
Page 36 - Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE
appealing the October 19, 1992 Notice of Disapproval issued by
the building inspector, for relief under Article IIIA, Section
100-30A.3 for the placement of a raised concrete patio extension
with awning at a setback of less than the required 35 feet from
the front property line along Reydon Drive. Location of
Property: 40 Grove Drive at Intersection with Reydon Drive,
Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22;
County Tax Map Parcel No. 1000-80-4-17.1.
4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND MARIA
KOSTOULAS for a Variance to the Zoning Ordinance, Article
XXIII, Section 100-239.4 for approval of deck extension (at or
near ground level) and fence, as exists, near the L.I. Sound
bluff. Location of Property: 1035 Aquaview Avenue, East
Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This
property is nonconforming as to total lot area in this R-40 Zone
District. (Hearing was previously postponed for Town Trustees
action on Coastal Zone Permit jurisdiction).
5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS
AND OTHERS (Owners) for a Variance under Article XXIII, Section
100-239.4A for permission to construct addition and reconstruct
existing dwelling structure areas located within 100 feet of the
L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48,
Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This
property is nonconforming as to total lot area in this R-40 Zone
District.
6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE
RIDGE, INC. to include, as amended, a request for relief under
Article III, Section 100-31A(1) (and/or Section 100-31C
pertaining to accessory uses) to permit residential second-floor
use for family member of a proposed accessory building, in
conjunction with the use of the proposed principal single-family
residence. Location of Property: 14990 Oregon Road, Cutchogue,
NY; County Tax Map Parcel No. 1000-084-01-02. This property is
located in the "Agricultural-Conservation (A-C)" Zone District,
and is presently before the Southold Town Planning Board
concerning a change of lot line and before the Farmland
Development Rights on 17+- acres, leaving 2+- acres for one (1)
principal dwelling use per two acres of land area.
7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H.
and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B
for a rehearing, or in the alternative, new Application for a
deck extension, as modified, plus second-story overhang, all to
Page 37 ~ Minutes
Regular Meeting for October 15,
Southold Town Board of Appeals
1992
be located within 75 feet of the lower bulkhead along Great
Peconic Bay. Location of Property: 8380 Great Peconic Bay
Boulevard, Laurel, NY; County Tax Map Parcel No.
1000-126-11-20.
(8) IF ATTORNEY CONFIRMS AVAILABILITY IN WRITING DUE TO PAST
CONFLICTS IN HIS SCHEDULE. {This will be a Final Hearing - No
Adjournments}.
8:10 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
Appeal for an Interpretation under the Definition Section of the
Zoning Code, Article I, Section 100-13 as noticed to the
adjoining property owners, as pertains to dwelling and/or motel
uses, and the installation of cooking facilities
(kitchenettes). The subject premises previously had received
a Special Exception under Appl. No. 3542 for motel units without
maps or plans before the Board for individual kitchenettes or
dwelling uses (prior Special Exception approval did not include
kitchenettes). Location of Property: 61475 C.R. 48,
Greenport, NY; County Tax Map Parcel No. 1000-045-01=001 and
002 (2.1), containing approximately 7.5 acres.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa,
Wilton and Goehringer. This resolution was duly adopted.
Page 38 _ Minutes
Regular Meeting of October 15,
Southold Town Board of Appeals
1992
The Chairman proceeded to Agenda Item III-E - pending
deliberations in the Matter of Applo No. 4130 - CANTOR AND
HOCHBAUM (hearing held and concluded earlier this evening). The
Chairman indicated he would like to reinspect, and the Board
Members agreed to continue deliberations at the next meeting.
UPDATES AND INSPECTIONS FOR MATTERS ANTICIPATED FOR
NEXT H~AR~NG CALENDAR OF NOVEMBER 9, 1992 (instead of Novem-
ber 12th - Member Villa said he will not available on Novem-
ber 12, 1992 and it was difficult to meet tonight, being a
Thursday. Chairman Goehringer said Mondays are difficult for
him due to his attendance at the Fire House, and he teaches
Wednesdays and Fridays. The Chairman agreed to change the next
meeting date from Thursday to Monday, and the following meeting
was agreed to be held on a Thursday for hearings.) The Chairman
prefers Thursday evenings in the future for hearing calendars.
The agenda provided a list of applications for inspections and
filing of other new applications expected within the next week.
There being no other business properly coming before
Board at this time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
Approved - Gerar, P. G~4~inger, Chairman
RECEIVED AND FILED BY
THE ~OU~LOLD TO%VN CLERK
the