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HomeMy WebLinkAboutZBA-01/14/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD MINUTES REGULAR MEETING THURSDAY, JANUARY 14, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, JANUARY 14, 1993 commencing at 7:35 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, Board Clerk SCOPING SESSION REMINDER Re: Beachcomber Motel. The Chairman reminded the board that a scoping session has been set by the Planning Board on January 22, 1993 at 2:00 p.m. and would like at least one board member from the ZBA to attend. Both Member Dinizio and Member Villa indicated that they would plan to attend on the afternoon set by the Planning Board. I. PUBLIC HEARINGS - The following public hearings were conducted. All hearings have been transcribed v~rbatim from tape in written form and attached for reference. 7:33 p.m. Appl. No. 4141 - Application of ALICE BENNE'u£' for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as recently amended by Local Law #33 adopted 12/22/92) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. Joseph Diaz, Builder, appeared in behalf of the applicant. Page 2 - Minutes January 14, 1993 Regular Meeting Southold Town Board of Appeals (Please see written transcript of hearing statements prepared for the record under separate cover, and findings and determination rendered later this evening). 7:40 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSE, Jr. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. Mr. and Mrs. Hulse appeared in behalf of their application. Objections were received by Mrs. Margaret Deale, the closest adjoining property owner. (Please see written transcript of hearing statements prepared for the record under separate cover, and a determination rendered later following the hearings.) 7:45 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown as substandard in lot area in this R-80 Zone District. Stephen L. Ham III, appeared as attorney for the applicants. During the hearing, Mr. Ham indicated that the applicants would be needing a rear yard variance for future construction of a new home, after the proposed removal of both dwellings on the southerly parcel. The applicant was advised that this application could not include the grant of a rear yard variance, since this appeal was strictly for lot area in a proposed exchange of property (lot-line change). Mr. Ham agreed to file a separate appeal application, after properly applying to the Building Inspector for removal of two existing dwellings, locating the new dwelling with an insufficient rear yard setback and new building envelope area, with all the required forms, additional Notice of Disapproval, filing fee, etc. There was also no objection by the Board to permit Mr. Ham to file the second application with an additional (minimum) $300.00 filing fee which would supplement the initial $300.00 fee, provided the variance is filed by the advertising deadline and this hearing is recessed - for a total of $600.00. This hearing was recessed without a date, as requested, in order that both application requests could be run concurrently. Page 3 - Minutes January 14, 1993 Regular Meeting Southold Town Board of Appeals 8:02 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered Novmber 9, 1992) as living area for family member or quests, and domestic servant (in one unit). Section 100-31A(1)provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. The subject premises is zoned Agricultural- Conservation and contains a total area of 19+- acres. Garrett Strang, Architect, appeared in behalf of the applicant. (Please see written transcript of hearing statements prepared under separate cover.) The hearing was concluded at this time, and action was taken shortly after the public hearings this evening. 8:10 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES INC. for a Variance as provided by New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck, in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10.1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. Mrs. Ruth Engel appeared in behalf of this application. Also appearing, with concerns as to additional road clearings, was Mr. Amato, an adjoining property owner along the east side of Cox Neck Road. It was agreed that the Chairman would return and measure the presently cleared area of the right-of-way (which is noted to be 10 to 11 ft. clearance now), before commencing deliberations and determination. The hearing was concluded at this time. (Please see written transcript of hearing statements prepared under separate cover.) 8:20 p.m. Appl. No. 4140 - Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. Mr. John Sandgren appeared in behalf of the applicant. After some discussion, the Board recessed the public hearing (without a new date as yet) in order that the applicant may file and proceed with applications under Page 4 - Minutes January 14, 1993 Regular Meeting Southold Town Board of Appeals the Coastal Zone Management Act and Town Wetlands Act with the Southold Town Trustees. Upon receipt of the Town Trustees' determination (preliminary or final), the Board agreed to re-calendar this application for a hearing and final determination (with proper notice). (Please see written transcript of verbatim testimony prepared under separate cover.) 8:32 p.m. Appl. No. 4147 - Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Mr. and Mrs. Fahey appeared and spoke in behalf of their application. (No opposition was submitted.) END OF PUBLIC HEARINGS. DELIBERATIONS/DECISION: Appl. No. 4147 - DONALD E. FAHEY, JR. After the hearing was concluded, the Board took the following action: Page 5 - Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 (FAHEY decision, continued:) ACTION OF THE BOARD OF APPEALS Appeal No. 4147: Application of DONALD E. FAHEY, JR. for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. WHEREAS, a public hearing was held on January 14, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and .~ WHEREAS,' the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate along the north side of a Hobart Avenue, approximately 96 feet easterly from Old Shipyard Road, Hamlet and Town of Southold, and contains the following existing nonconformities under the bulk schedule of the current zoning code: · lot area at approximately 4,400 sq. ft. · lot width (road frontage) at 50 feet 690+- sq. ft. of livable floor area front yard setback at 24'8" rear yard setback at 20+- fe~t; (b) is improved with a single-family dwelling structure and a very small accessory metal shed located in the rear yard at the northeast corner of the property and wood fence along or near the property lines; Page 6 - Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 (FAHEY decision, continued:) (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 10, 1989. 2. By this application, appellants have requested approval of a 12-3/4 ft. wide by 10-1/2 ft. deep open, low level deck addition located in the rear of the existing dwelling, as more particularly shown on a survey map dated November 6, 1992 prepared by Rampart Surveying, P.C. 3. It is noted for record purposes that the deck was built about 20 years ago (without a building permit), and is not out of character with the lots and buildings existing in this residential area. 4. Article XXIV, Section 100-244B requires a minimum rear yard setback at 35 feet. 5. The amount of relief requested by this aPplication is a reduction from the existing nonconforming setback at 20+- feet to 16'9" at its closest point to the rear property line. 6. The need for this relief would not be alleviated if the subject deck construction were to be located in any other manner on the premises. 7. In considering this application, the Board also finds: (a) that the deck has not been and is not adversely impacting the essential character of the neighborhood; (b) that 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; (c) that the construction under consideration involves an open deck addition, as exists and shown in the photographs submitted by the applicants {not to be enclosed or roofed - except by formal application), and the grant this variance does not cause or create an increase in any dwelling unit density pertaining to this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested And as conditionally noted below. Page 7- Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 FAHEY decision, continued:) Accordingly, on'motion by Member Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT approval of the open deck construction as requested under Appl. No. 4147 (Donald Eo Fahe¥, Jr.) as more particularly shown on November 6, 1992 survey submitted with the application, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck remain unroofed and open, as requested and as exists; {There shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or placement,of a roof - without further ZBA approval}; 2. The deck not be enlarged or expanded, without further ZBA approval. VOTE OF THE BOARD: Ayes: Messrs. G0ehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk Page 8 Appl. NO 4144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 BOARD FINDINGS AND DETERMINATION Appeal No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-3iA(i) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests and domestic servant {in one single unit}. Section 100-31A(1) provides for single- family use, not exceeding one dwelling per lot. Location of Property: '14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and 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; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current zoning of this property (A/C) and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, Town of Southold, as identified on the .Suffolk County Tax Maps as 'District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage at this time of 19.07 acres; town assessment records show that it is improved with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm a proposed exchange of property of 1.78 acres (see survey map prepared by Smith & Jung, L.S. dated August 26, 1992) from Land of the Society for the Propagation of the Faith and ASIP to Page 9- Appl. No. 4144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 Spectacle Ridge, Inc. (the applicant herein). This 1.78-acre strip is shown to be 56 feet in width along oregon Road and extends in a southerly direction 1403.70 feet, and is to be merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. 4. By this application, a variance is requested for permission to convert a proposed barn building, which is presently authorized for storage purposes accessory to the main residence, to a single-residential unit of 1700 sq. ft. of floor area for residency-occupancy by the property owner's brother, and possibly a domestic servant. 5. As part of this submission, the applicant has agreed to utilize and apply at least 80,000 sq. ft. of land for each of the two residential uses, for a minimum of 160,000 sq. ft. until such time that a conveyance would be proposed. If and when a conveyance is proposed in the future for either or both houses, an application to the Southold Town Planning Board, and other agencies, must be filed and finalized in accordance with the land regulations in effect at the time of the subdivision and conveyance of the land. 6. Also noted for the record is the fact that a public hearing is being held by the Southold Town Board concerning the acquisition of development rights (for land preservation) involving 17+- acres remaining out of the entire 20.8 acres, based upon the application before and recommendation of the Southold Town Land Preservatio~ Committee. 7. The Bulk, Area and Parking regulations in effect at this time applicable to the Agricultural-Conservation Zone District does require a minimum land area of 80,000 sq. ft. for one principal dwelling (or other principal building/use). The applicant has indicated that there will be no conveyance · proposed in the near future, and that the entire acreage will remain in the ownership of Spectacle Ridge, Inc. until such time as subdivision approvals have been applied for and received. 8. In consideration this application, the Board finds: (a) that the essential character of the neighborhood will not be undesirably affected since the amount of land area is and will remain at 20.86 acres - which is substantially in excess of the today's minimum requirement of 160,000 for two dwelling units - although a variance was required to permit more than one dwelling structure on a single 20.86-acre lot as surveyed August 26, 1992; Page 1~ Appl. No. 4~144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 (b) that the relief requested to allow a second dwelling on 20.8 acres will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the relief requested will not be a substantial increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities since the remaining 17.18 acres is proposed for land preservation, and dwelling unit expansion or other development on this property will necessitate subdivision approvals from the Southold Town Planning Board and other appropriate agencies; (d) although the difficulty is self-created, the relief requested is minimal and not unreasonable in light of the circumstances affecting this property and proposals of the owner as described herein; (e) that although the development rights of the property are being contemplated for acquisition by the Town of Southold at the recommendation of the Land Preservation Committee Meeting (and pending at this time - see Minutes of Town Board Public Hearing was held January 19, 1993), the entire acreage of 20.86 acres would include 3.6731 acres for the two dwelling units, and 17.1869 acres wouldbe available as the remaining acreage for acquisition in the land preservation program. (Please see survey prepared August 26, 1992 for the whole parcel to be in the ownership of Spectacle Ridge, Inc. as amended,) NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance to allow two dwelling units on one 20.85-acre parcel, as shown on the August 26, 1992 survey prepared by Smith & Jung, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That both dwelling units will not be conveyed separately or otherwise subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of Southold; and 2. That if a conveyance of land is proposed to separate the dwelling (or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a Page 11. Appl. Ne t144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 minimum amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. That a Declaration of Covenants and Restrictions be prepared in legal, recordable form and signed by the owner(s) and their attorney, for submission to Town (Zoning Board of Appeals), incorporating the above agreement and conditions which shall be forever binding upon the owner, subsequent owners, their successors and assigns, in perpetuity. After acceptance of this Declaration by the Chairman or as amended with the advice of the Town Attorney, a conformed copy of the original, after filing with the Suffolk County Clerk's Office, shall be furnished to the Board of Appeals for permanent recordkeeping purposes~ and 4. (See below)* Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk *4. Northerly residency by family use may not rented to transients, similar type of lodging. RARD P. GOEHRINGER, CHAIRMAN ~ (barn) building shall be limited to permanent members (no unrelated residency), and residential or be used for an inn, motel, or Page 12- Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 DELIBERATIONS/DECISION: Appeal No. 4146: Upon Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 (r~f. Section XXIV, Section 100-244B) for permission to construct garage/storage addition with reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 35 Sunset Lane, Greenport, NY; County Tax Map No. 1000, Section 33, Block 4, Lot 9. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and all persons 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. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District 1000, Section 33, Block 4, Lot 49. ~ 2. The subject lot is nonconforming as to total lot area at 15,650+- square feet, and although the lot width and depth of are nonconforming, they do conform to the provisions of Section 100-244B for substandard lots. 3. The subject premises is presently improved with a one-story, single-family dwelling having a livable floor area of 1575+- sq. ft., plus small porch and one-car garage. Located in the rear of the dwelling is an inground swimmingpool with patio ~reas and fence enclosure, all as shown on the survey dated January 15, 1976 prepared by Roderick VanTuyl, L.S., P.C. The setbacks of the dwelling as exist are shown on the survey to be 30 feet to the front property line, 33 feet from the northerly side property line, 17 feet to the southerly side property line, and 45 feet to-the rear property line )from house). The swimmingpool is shown to be set back 10 feet from Page 13- Appl. N6 ~146 Matter of FREDERICK & JOYCE HULSE Decision Rendered January 14, 1993 the rear line and 23+- feet from the southerly property line. 4. Article IIIA, Section 100-30A of the current zoning code (as amended January 10, 1989) provides for minimum side yards at 15 and 10 feet, inclusive of automatic relief provided by Article XXIV, Section 100~244 pertaining to nonconforming lots having less than 20,000 sq. ft. of land area. 5. In this application, a variance is requested for three feet from the southerly side yard setback to allow for the construction of a 10-foot addition to the existing garage, leaving a setback at seven (7') feet to the property line. The addition will be for garage-storage purposes incidental to the owners' residence and not as a separate use. 6. For the record, it is noted that: (a) the buildings and structures presently conform in all respects to Article XXIV, Section 100-244B of the Zoning Code and Article XXIII, Section 100-230A; (b) the extension of three feet into the side yard will not adversely change the character of the area and is the minimum necessary to afford relief; (c) the subject 10 ft. garage addition and other existing building areas would be approximately 2800 sq. ft. coverage and is not in excess of the 20 percent total lot coverage limitation; lot (d) the placement of'a stockade fence, as suggested by the property owner to the south, is not in the Board's opinion necessary considering the three-foot reduction is minimal in relation to the requirements and the fact that the distance between the two homes is greater than, and not out of character with, most of the homes in this area of substandard lots. 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase dwelling unit density, since only one principal dwelling use will continue as exists} (b) inspection of the site and neighborhood and review of the record find that the practical difficulties claimed, are sufficient to warrant a grant of a three-foot variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated r~asonably with some method feasible to the appellant to pursue, other than a variance; (e) that it is not unusual for parcels having a lot area of less than 16,000 sq. ft. to necessitate minimal relief in side yard setbacks; (f) that in view of the manner in which Page 14 - Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Variance for a reduction in the side yard from ten 10) feet to seven (7) feet, as applied and shown on the sketch under consideration, for a 10 ft. by 26 ft. garage-storage addition at the southerly side of the existing dwelling. Vote of and Wilton. duly adopted. the Board: Ayes: Messrs. Goehringer, Doyen, Villa Member Dinizio abstained.) This resolution was Page 15 - Minutes Regular Meeting of January 14, 1993 Southold Town Board of Appeals BOARD FINDINGS AND DETERMINATION Appeal No. 4141: Application of ALICE BENNETT for a Variance to the Zoning Ordinance/ Article III, Section 100-33 (as amended December 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel ID #1000-68-1-10. WHEREAS, a public hearing was held on January 14, 1993, at which time all those who desired to be heard were heard and all statements were made a part of the written record; 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. The premises in question is located along the northerly side of Sound View Avenue at Peconic, Town of Southold, having a road frontage of 197.40 feet and 196.86 ft. frontage along the Long Island Sound. This parcel contains a total lot area of approximately 5-1/2 acres. 2. The subject premises is improved with a single-family dwelling structure with addition as shown on the sketch map prepared by Ward Associates, P.C. dated November 3, 1992.. The dwelling is situated approximately 209 feet from the front property line along Soundview Avenue.and 680, or more, feet from the high water mark along the L.I. Sound. 3. Article III, Section 100-33, as amended by Local Law No. 33-1992, provides as subsection C: .In the case of a waterfront parcel, accessory buildings and structures may be 'located in the Page 16- Minutes Regular Meeting of January 14, 1993 Southold Town Board of Appeals front yard, provided such buildings and structures meet the front-yard setback requirements set forth by this code... as 5. The reasons for requesting this variance at the time of the filing the application on November 25, 1991, was due to the fact that accessory buildings were required to be located only in the rear yard (northerly yard area), although there was an amendment being discussed and proposed by the Town's Legislative Code Committee. Finally, a public hearing was held on Decem- ber 8, 1992, and'the Local Law was adopted by the Southold Town Board on Dece~ber 22, 1992. 6. To locate the accessory building with a setback at 60 feet or more would require the removal of several large oak trees which are located in the front yard and bringing a substantial amount of fill to the property. The area requested will not require removal of large trees or filling, and is compatible with the location of other similar buildings in the front area with the same or lesser setbacks to the road. 7. The curvature (radius 716.89 feet) of the road in an east-south direction also lends to the difficulties Created and affects on visibility if the building were to be located further east in the front yard area. 8. It is the opinion of the Board Members that the areas chosen are not suitable, under the circumstances, and find that there are other areas which may be less offensive in general. 10. Also in considering this application, the majority of the Board finds: (a) that the relief requested is not substantial in relation to the new requirements, being a setback reduction from 60 feet to 48 feet; (b) that the reasons furnished by appellants are sufficient to warrant a grant of the variance requested; (c) there are no other alternative ~ocations which would be more feasible for appellant to pursue, under the circumstances; (d) the location requested is not out of character of the immediate area;' (e) Accordingly, on motion by Member Doyen, seconded by Men~er Wilton, it was 4. The front yard setback provisions for this R-80 Zone District requires a minimum of 60 feet. In this appeal, the applicant requests a variance to place a proposed free-standing accessory garage building in the front yard at a distance at 48 feet from the front property line along Sound View Avenue and at not less than 20 feet from the westerly side property line. Page 17- Minutes Regular Meeting of January 14, Southold Town Board of Appeals 1993 RESOLVED, that the relief requested to reduce the setback of a proposed 30 x 34 ft. accessory garage in the front yard area from .60 feet to 48 feet, under Appl. No. 4141 in the Matter of the Application of ALICE BENNETT be and hereby is APPROVED, 1. The side yard setback be not less than 20 feet; 2. The height not exceed ~ feet from ground to the top of the roof (13'4" mean height shown on the 11-6-92 plan prepared by Ward Associates, P.C.); 3. Use shall be for storage of three cars, as requested, and incidental storage purposes; 4. No plumbing; 5. Electric shall be permitted; 6. No cooking or habitable facilities; 7. Ail other provisions of the code must be complied with. Vote of the Board: Ayes: Messrs. Doyen, Wilton and 'Goehringer. Nayes: Members Villa and Dinizio. (Objection to variance relief to this newly adopted local law which was intended to provide for locations other than the waterfront side of the property, provided the principal setbacks are adhered to.) This resolution was duly adopted (3-2). Page 18- Minutes January 14, 1993 Regular Meeting Southold Town Board of Appeals Agenda Item #II. UPDATES/REMINDERS: Town Scoping Session Re: Beachcomber Motel, Aliano and Krupski parcels 2) at Cutchogue. 1/22 at 2:00 p.m. ZBA to attend. B. Legislative Meeting - second meeting to be 1/27-7:30 C. Zoning & Planning - second meeting to be 1/26 7:30 p.m. ZBA - 7:30 p.m. The following dates were set for 1993 by the Chairman for Regular Meetings by the ZBA: Thursday, January 14, 1993 Tuesday, February 23, 1993 Thursday, March 18, 1993 Thursday, April 22, 1993 Thursday, May 20, 1993 Tuesday, June 22, 1993 Thursday, July 22, 1993 Thursday, August 19, 1993 Thursday, September 23, 1993 Thursday, October 21, 1993 Tuesday, November 16, 1993 Thursday, December 9, 1993 Agenda Item #III. SEQRA - On motion made by Chairman Goeh- ringer, seconded by Member Doyen, the following Unlisted SEQRA Declarations were adopted and accepted (see forms prepared and attached for reference): Appl. No. 4142 - Adam Associates Request for acceptance of ROW improvements and standards under Town Law. Parcels off the E/s Cox Neck Road, Mattituck. Property is zoned R-80. Appl. No. 4143 - George Spanos, 1100 Main Street, Greenport. 'Request to replace gasoline tanks in the front yard area. Property is zoned R-40 Corner Champlin Pl. and Main St., Greenport. Appl. No. 4144 - Spectacle Ridge, Inc. Request for second Residential Unit on one lot, reserving minimum amount of land area for possible conveyance. Property is zoned A/C. Vote of the Board: Ayes: Doyen, Dinizio, Villa, Wilton and Goehringer. This resolution was duly adopted. Page 19 - Minutes - ZB2[ January 14, 1993 RegulaF Meeti APPEALS BOARD MEMBERS Gerard P~ Goehringer, Chairman Serge Doyen, Jr. Jan,,?s Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTTON DECLARATXON 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 Nov. 30, 1992 Appeal No. 4142 Project Narae: Adam Associates County Tax Map No. 1000- 1 1 3- 12- 10. 1, l 0. 2, l 0. 3 Location of Project: E/s Cox Neck Rd., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Recognition'of right-of-way improvements for emergency and other vehicles under NY Town Law, Section 280-a This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #~4-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u~d the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. ~ this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, R. James Dinizio, Jr. Robert A. Villa ~Reichard C. Wilton ephone (516) 765-1809 Page 20 - ZBA Minutest~ January 14, 1993 Regul~ar Meeting BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UN-LISTED ACTION DECL/~RATION SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 7, 1992 Appeal Re. 4143 Project Name: George Spanos. CountY Tax Map No. lO00- 34-3-22 Boeation of Project: 1100 Main St. & Champlin Pl., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Reinstate gas 'sales at this non-conforming service station, since 1989 zoned R-40. The principal use is repair and servicing of motor vehicles with sales of oil & related This Notice is issued pursuant to Part 617 of the implementing products. regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } .this Board wishes to assume Lead Agency status and urges coordinated written corm~ents by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a: An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as' the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, .and we will be ~equired to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Page 21 - ZBA Min(utes January 14, 1993 Regular Me~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 Appeal Ro. 4144 County Tax Map No. 1000- 84-1-2 Locat±on of Project: 14990 Oregon Rd., Cutchogue, NY BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Project Name: Spectacle Rid9e Inc. 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 Dec. 7, 1992 Relief Requested/Jurisdiction Before This Board in this Project: Allow two dwelling uses with 160,000 sq. ft. allotted for second residence use Total land area is 20+- acres, of which 16+- will be preserved for farmland. A/C Zone. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to Occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a'. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be'required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Page 22- Minutes January 14, 1993 Regular Meeting Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, ~roved - Gerard~P. ~oehring~ ~ Chairman RECEIVED AND FILED BY THE SOUTtiioLD TOWN CT.F.P,K v Town Clerk, Town of Sou~'old