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HomeMy WebLinkAboutZBA-12/03/1992APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARP'S Supervisor Town Hall, 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING THURSDAY, DECEMBER 3, 1992 7:00 p.m. Work Session (Reviews of pending applications. No action was taken.) A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, DECEMBER 3, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Harvey A. Arnoff, Town Attorney Linda Kowalski, Board Clerk Absent was: Serge Doyen, Jr., Member (Fishers Island). The Chairman opened the meeting at 7:30 p.m. everyone in the audience. At this point, public commenced and the Chairman read the Legal Notices in the following order: and welcomed hearings for the record I. PUBLIC HEARINGS: 7:37 p.m. Appl. No. 4135 - Application of ELAINE ROMAGNOLI for a Variance to the Zoning Ordinance, Article: (a) III, Section 100-32 concerning construction of deck in the rear yard with excessive lot coverage, (b) XXIII, Section 100-239.4B for Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 construction of deck in the rear yard with a setback at less than the required 75 feet from bulkhead. Location of Property: 1230 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-07-29. This parcel is substandard in size and is situated in the M-I Zone District. Appearance was made by the applicant. No opposition was received during the hearing process. (Please see verbatim transcript of statements attached for reference purposes.) Following the close of the hearing, the Chairman moved to reserve decision until later after all hearings were held this evening. 2) 7:45 p.m. Appl. No. 4139 - Application of CONSTANTINE COSTAS for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permission to locate accessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. Appearances were made by Mr. Constantine Costas and John Born, Builder. No opposition was entered into the record. (Please see verbatim transcript of hearing statements attached for reference purposes.) Following the close of the hearing, the Chairman reserved decision until later this evening (after the public hearings were held as scheduled). 3) 7:50 p.m. Appl0 No. 4138 - Application of THEODORE M. GOLD AND CAROL A. WEICK for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage building in the front yard area. Location of Property: 20485 Sound view Avenue, Southold, NY; County Tax Map Parcel No. 1000-57-4-10. Appearances were made by Theodore Gold and his neighbor (name not given). No opposition was entered into the record. (Please see verbatim transcript of hearing statements which is attached for reference purposes.) Following the hearing, Chairman Goehringer offered a motion to approve the location of the storage-garage building with a minimum front yard setback at 40 feet, and as follows: Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 ACTION OF THE BOARD OF APPEALS Appl. No. 4138: Application of THEODORE M. GOLD AND CAROL A. WEICK for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage building in the front yard area. Location of Property: 20485 Sound View Avenue, Southold, NY; County Tax Map Parcel No. 1000-57-4-10. WHEREAS, after due notice, a public hearing was held on December 3, 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 November 12, 1992 Notice of Disapproval by the Building Inspector for a variance to build a new, detached (accessory) garage in the front yard area of this 27,880+- sq. ft. nonconforming parcel. 2. The premises in question is located in the R-40 Low-Residential Zone District. The survey submitted with the application shows that the premises is improved by a 1-1/2 story frame dwelling situated approximately 100 feet from the front property line along Sound View Avenue. This parcel is a described parcel and is shown on the Suffolk County Tax Maps as Parcel #10 of District 1000, Section 51, Block 4, Lot 10. 3. The garage plan submitted for consideration shows the building to be proposed of a maximum size of 22 ft. wide by 26 ft. deep. The garage will be limited strictly for storage purposes accessory and incidental to the owner-applicant's residence and permitted accessory uses. This building may not be used or operated as a principal use such as a business, residence or other type of habitable unit, or for similar gainful purposes (such as rental for non-owner storage, etc.). Page 4 - December 3, 1992 Appl. No. 4138 - Theodore M. Gold Southold Town Board of Appeals 4. The location of this accessory garage building is requested at 35 feet, and amended at the hearing to 40 feet from the southerly (front) property line. The westerly side yard setback is proposed at not less than 15 feet. 5. The height of this building is proposed at 12 feet from ground. This building will be one-story construction and is more particularly shown in detail on the construction diagram submitted with this application. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; the rear yard area is technically that limited upland area of approximately 22 feet between the rear of the dwelling to the top of bank of the Long Island Sound; (b) there is no method feasible for appellant to pursue other than a variance - particularly since the property is a nonconforming lot on the Long Island Sound and alternative locations would necessitate reviews and possible variances from the Town Trustees and N.Y.S. Department of Environmental Conservation under the wetland ordinances and Coastal Zone Management Law; (c) the relief is not substantial in relation to the requirements - particularly in light of the fact that a new law is being proposed for adoption at the December 8, 1992 Town Board meeting, and is expected to become effective within two weeks after its adoption; (d) the variance requested does not involve any increase of dwelling unit density; (e) 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 equipment and other items; (f) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be substantially setback from the front property line at 40 feet ~ which is the minimum principal setback in this R-40 Zone for substandard lots; Page 5 - December 3, 1992 Applo No. 4138 - Theodore M. Gold Southold Town Board of Appeals Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance to locate a 22 ft. wide by 26 ft. deep accessory garage/storage building in the front yard area SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the westerly side property line not be less than 15 feet as conditioned by the previous variance; 2. That the setback from the front property line not be less than the normal principal setback at 40 feet (listed at Section 100-244 for nonconforming lots); 3. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes(, etc.; 4. That there be no cooking facilities, or sleeping or living quarters, as restricted by the accessory provisions of the code in this R-40 Zone District. 5. That electric be permitted on the interior of building only. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton and Goehringer. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Page 6 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 4) 7:45 p.m, Appl. No. 4098 - 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). The hearing did not reconvene. William Moore, attorney for the applicants, has requested a postponement through the ZBA Clerk since he is intending to appeal the Town Trustees' determination under the Coastal Zone Management Act of the Town before proceeding with the ZBA hearing. This hearing was postponed without a date. Confirmation of the Town Board's appeal status will be necessary before advertising this application for a final hearing and determination (no date was re-scheduled as yet and this application will need to be re-advertised). End of hearings. II. DELIBERATIONS/DECISIONS (Hearings held this evening), continued on following pages: A. Appl. No. 4135 - ELAINE ROMANGOLI B. Appl. No. 4139 - CONSTANTINE COSTAS Page 7 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 ACTION OF THE BOARD Appl. No. 4135: Upon Application of ELAINE ROMAGNOLI. Variance to the Zoning Ordinance, Article: (a) III, Section 100-32 concerning construction of deck in the rear yard with excessive lot coverage, (b) XXIII, Section 100-239.4B for construction of deck in the rear yard with a setback at less than the required 75 feet from bulkhead. Location of Property: 1230 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-07-29. This parcel is substandard in size and is situated in the M-I Zone District. WHEREAS, a public hearing was held on December 3, 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: 1. By this application, appellant seeks variances under Article XXIII, Section 100-239.4B due to lack of sufficient setbacks and Article III, Section 100-32 as disapproved by the Building Inspector (Article XI, Section 100-112) for approval of a 32 ft. by 28 ft. open deck with excessive lot coverage and which was recently constructed without agency permits or approvals. The open wooden deck is sketched on a copy of a survey prepared by J. H. Geideman, L.S. dated September 15, 1992, and shows an existing one-story frame dwelling, set back three feet from the westerly (front) property line along First Street, and situated along the northerly (front) property line with Orchard Street. A wooden bulkhead exists along the easterly line adjoining Great Peconic Bay, and within the southerly yard area near the southerly property line. The deck has variable heights above ground level due to the contours of the property, ranging Page 8 - ZBA Appl. No. 4135 Matter of ELAINE ROMAGNOLI Decision Rendered December 3, 1992 from 4 inches to 20+- inches above grade. A detailed construc- tion diagram has been submitted for the deck, as built. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 7, Lot 29, contains a total lot area of approximately 3,000 sq. ft. (50.0 feet along First Street and 60.0 feet along the foot of Orchard Street). 3. 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 or similar structure. 4. It is the position of the board that the amount of relief requested is substantial, increasing the present lot coverage nonconformity to a total 51 percent of the standard, including the existing dwelling. The lot size is shown to be 3,000 sq. ft., and the percentage of lot coverage is requested at 51%. The nonconformity of the preexisting principal building is shown to be 21%. The deck alone would be approximately 30%. 5. Also, the Board finds: (a) the relief requested is not the minimum necessary to afford relief, and there are alternatives available for appellant to pursue, with greater set backs and less variances from the standards applied; (b) the relief as requested is not consistent with the essential character of the neighborhood or the intent of zoning; (c) the premises is recognized as a preexisting, nonconforming lot which lends to some of the difficulties for new building areas, however the presence of a deck built without permits is not in accordance with the standards set for granting variances to the extent requested in this application; (d) the difficulties claimed are not entirely uniquely related to the property; (e) the variance would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and the intent of its zoning laws; Page 9 ZBA Appl. No. 4135 Matter of ELAINE ROMAGNOLI Decision Rendered December 3, 1992 (f) in view of all the above, the interests of justice will be served by denying the substantial relief requested by this application. Accordingly, on motion by Mro Villa, seconded by Mr. Dinizio, it was RESOLVED, the relief requested under Appeal No. 4135 in the Matter of ELAINE ROMAGNOLI be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. Page 10 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 ACTION OF THE BOARD OF APPEALS Appeal No. 4139. Upon application of CONSTANTINE COSTAS for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permis- sion to locate accessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. WHEREAS, a public hearing was held and concluded on December 3, 1992; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants are proposing a separate, accessory storage building at the rear (northerly) portion of the existing single-family residence and further noted as follows: (a) the storage building is proposed of a size 24 ft. by 24 ft. at not less than three feet from the northerly snd westerly property lines as shown on the sketched map submitted with this application; (b) this new building would add 576 sq. ft. area of lot coverage, and when added to the existing 2310 sq. ft. of ground area of the principal dwelling structure, totals 2886 sq. ft.; (c) the relief is requested for 24.9% over the existing lot coverage, and 36% of the total lot size as exists. Page 11 - Board of Appeals Appl. No. 4139 - Constantine Costas Decision Rendered December 3, 1992 The dimensions of the lot as exists is 60 ft. wide by 132.50 ft. (7950 sq. ft. total lot area presently). 2. For the record, it is noted: (a) that the dwelling as exists is near center of the lot with setbacks at: (1) 48 feet from the front property line; (2) 7.8 feet from the easterly side property line; (3) 9.8 feet from the westerly side property line; (4) and approximately 37 feet from the northerly rear property line; (b) that the subject premises is a nonconforming lot which existed prior to 1965 and/or 1957. During 1965 one-quarter acre lots were recognized, and zoning did not become enacted until 1957; (c) that the applicant has indicated that he does not object to a condition of this determination that the 12+- ft. "dog leg", or excess land of 12+-' by 60' wide, immediately adjoining this parcel at the northerly property line, be merged with this parcel in order to increase the size of the lot from 7950+- sq. ft. to a minimum of 8670 sq. ft. without the necessity of a set-off application by the Planning Board for this lot-line adjustment. 3. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) although the relief requested is substantial, alternative relief, with conditions as noted below, will not alter the essential character of the immediate neighborhood; the (c) there is no other method feasible for appellants to pursue other than a variance; (d) the alternative relief, as 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; (e) the interests of justice will be served by granting variance relief, as alternatively noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 1£ - Board of Appeals Appl. No. 4139 - Constantine Costas Decision Rendered December 3, 1992 RESOLVED to GRANT permission for construction of a 24 ft. by 24 ft. square garage/storage building which will increase the total lot coverage by 576 sq. ft. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No expansion or additions (without a new variance application), and the lot coverage for all structures shall be limited to the existing square footage of 2310 sq. ft. and the proposed accessory building of 576 sq. ft., for a total of 2886 sq. ft. 2. This new accessory building shall not exceed one-story height (12 feet from ground plus roof), as proposed herein and shown on the construction diagram submitted for consideration. 3. No utilities other than electric will be permitted. 4. A deed shall be prepared, signed and recorded which will merge or join the 12 ft. by 60 ft. (referred to as "dog leg" of land) with this parcel, for a total land area of at least 8670 sq. ft. This 12 ft. by 60 ft. section must be in the same common ownership as the subject parcel, and in one deed. 5o In order to comply with condition NO. 4 above, the applicant will not be required to apply for a set-off application since there will be no increase in density and no adverse change in nonconformities of either parcel. 6. No sleeping or habitable use of the storage building shall be permitted; 7. The westerly side yard setback shall be increased from the proposed three feet to five feet. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. This resolution was duly adopted. (Member Doyen of Fishers Island was absent.) Page 13 - Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 III. It was the consensus of the Board to declare the following SEQRA Declarations (new files to be calendared for next meeting): A. ~rpe II Action - Appl. No. 4140 - JOHN CROKOS, New construction within 100 feet of top of bluff at 2110 Grandview Drive, Orient. B. Type II Action - Appl. No. 4141 - ALICE BENNETT. Garage in front yard on this waterfront parcel. 2725 Soundview Avenue, Peconic. C. Unlisted Action - Appl. No. 4142 ADAM ASSOCIATES. Recognition of right-of-way improvements for emergency and other vehicles under New York Town Law, Section 280-a. E/s Cox Neck Road, Mattituck. IV. It was the consensus of the Board to set the date of next Regular Meeting with hearings commencing at 7:30 p.m. for Thursday, January 14, 1993, and that the hearings be advertised as calendared by the Chairman. V. Board Members were advised of the date of the next Legislative Committee Meeting set for December 9, 1992 at 7:30 p.m. One of the items for discussion is a "strip mall" (which is not yet defined in the zoning code but apparently will pertain to areas outside the hamlet areas used as principal retail establishments). VI. Board Members received copies of the report prepared by Bruce Anderson, consultant for the Southold Town Trustees as lead agency and copies of correspondence from the Board of Appeals to the Town Trustees, En-Consultants, Inc. and Gustave Wade concerning his second submission of a Draft Environmental Impact Statement and non-acceptance by the Town Trustees and Board of Appeals accordingly. (10wn Clerk later sent amended a§enda on 12/9 to discuss "open storage" instead.) VII. Discussion with Town Attorney Harvey Arnoff concerning Town's policy and procedure on fines for building construction without building permits. Board Members did feel that the court procedure for fines should not be waived by the Building Inspector or Town Attorney's Offices if the construction is intentionally built without permits, and the fines should be Page 14- Minutes Southold Town Board of Appeals Regular Meeting of December 3, 1992 assessed and construction removed before applying to the Board of Appeals. Being there was no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 8:30 p.m. Respectfully submitted, "Linda Kowalski/~/~/¢J~ Board Clerk '~~'~' '~'~~ Ge~d~r~ Approved - P. GoehriD~er Chairman Z,iCEIVED AND FILED BY 71.E SOUTL(OLD TO¥,~N C'f.~K Town Clerk, Tov~n o~ Sou