HomeMy WebLinkAboutZBA-05/11/1993 SPECAPPEALS BOARD MEMBERS
C~rard R Goehringer, 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. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O, Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MINUTES
SPECIAL MEETING
TUESDAY, MAY 11, 1993
A Special Meeting was held by the Southold Town Board
of Appeals on TUESDAY, MAY 11, 1993 commencing at 7:15 o'clock
p.m. at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Member
Richard C. Wilton, Member
Linda Kowalski, Board Assistant and Clerk
Absent were:
Robert A. Villa, Member
Serge Doyen, Jr., Member (Fishers Island).
The Chairman opened the meeting at 7:15 p.m. with a quorum
of the membership.
Board Members proceeded with the first item listed on the
agenda, and continued as follow:
DELIBERATIONS/DECISION: Appl. Nos. 4164 and No. 4057 -
Applications of JOHN A. SEPENOSKI, JOHN A. NOBILE and SUSAN
NOBILE.
(Continued on page 2)
Page 2- Appl. No. 4164 and No. 4057
Matter of JOHN SEPENOSKI AND OTHERS
Decision Rendered May 11, 1993
Appl. No. 4164 and No. 4057.
ACTION OF THE BOARD OF APPEALS
Upon JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE.
(Michael N. Hills, Esq.) Request for Variances: (a) for
approval of access for fire and emergency vehicles over a
private right-of-way pursuant to New York Town Law, Section
280-A, and (b) to the Zoning Ordinance, Article XXIV, Section
100-244B (Article IIIA, Section 100-30A.3) for approval and
recognition of substandard lot area and depth, as exists, in
this R-40 Low-Density Residential Zone District. Location of
Property: 5600 Horton Lane, Southold, NY; County Tax Map
Parcel No. 1000-54-3-14.7. This parcel contains a total lot
area of approximately 33,542 sq. ft. and depth of 140.97 feet.
WHEREAS, a public hearing was held on April 22, 1993, and
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. 280A RELIEF REQUESTED. The Portion of the right-of-WaY
premises which is under consideration in this appeal application
extends from the easterly side of Horton Lane, Southold, in an
easterly direction, 157.85 feet to the rear (Sepenoski) parcel.
The 157.85 portion of this right-of-way is shown on the Suffolk
County Tax Maps as part of 14.9 (now of Nobile), District 1000,
Section 54, Block 3, and is more particularly shown in detail on
a map prepared by Joseph A.' Ingegno, L.S. dated September 4,
1992.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The base of the
right-of-way as exists today is in fair condition with a cleared
width of approximately 9 or 10 feet. Its base is i need of
improvement for leveling and filling of potholes. There is a
slight curve which exist$~does not necessarily need to ~e
Page 3 - Appl. No. 4164 and No. 4057
Matte~'of JOH~ SEPENOSKI AND OTHERS
Decision Rendered May 11, 1993
straightened as long as a 14-ft. clearance is made, and the
width of its base will need to be widened to 12 feet with a
one-foot unobstructed clearance on each side (14-foot total
clearance) for sufficient maneuvering and access by fire and
other emergency vehicles and trucks.
3. RECOGNITION OF LOT, AS EXISTS: The lot which is the
subject of this application is located in Southold commencing at
a point approximately 158 feet easterly from the easterly side
of Horton's Lane. The parcel consists of a total lot area of
approximately 33,600 square feet (aver. 134.~17 ft. x 150 ft.).
The lot adjacent to this property on the west was conveyed June
15, 1965 by Overton to John A. Sepenoski and wife, leaving this
parcel, as exists. Later in 1981, the subject parcel was
conveyed by the Estate of Ollie Overton to John A. Sepenoski,
without ever having been built upon. Each of these two parcels
have remained in separate ownership since 1965.
4. BUILDING PERMIT PROCEDURE: On August 19, 1991, an
application was made to the Building Inspector for the location
and construction of a single-family dwelling. The Building
Inspector disapproved this application on September 11, 1991,
under Article XXVIII, Section 100-244B (and Section 100-281B
concerning lack of access to a town street under 280A of New
York Town Law). Section 100-244B of the Zoning Code reads as
follows:
B... A nonconforming lot separately owned and not
adjoining any lot or land in the same ownership at
the effective date of this'Article and not adjoining
any lot or land in the same ownership at any time
subsequent to such date may be used, or a building
or structure may be erected on such lot for use, in
accordance with all the other applicable provisions
of this chapter, provided that proof of such separate
ownership is submitted in the form of an abstract of
title showing the changes of title to said lot, which
abstract shall be in the usual form ...certified ...in
Suffolk County. Such lot shall be granted relief for
front, side and rear yard dimensions as follows:
Lots having less than 40,000 sq. ft. and more
than 20,000 sq. ft.:
Width 120
Depth 140
Front 40
Both Sides 15 and 20, total 35
Rear 50.
Page 4 - Appl. No. 4164 and 4057
Matter of JOHN SEPENOSKI AND OTHERS
Decision Rendered May 11, 1993
5. ADDITIONAL DATA: The following information is also
noted for the record:
(a) there has been no literal change in the
dimensions and layout of the property since immediately prior to
January 1989 or thereafter which might affect the circumstances
of the revised master plan;
(b) county records show the existence of this parcel
continuously since 1965;
(c) prior to the adoption of the master plan
revisions in January 10, 1989, the requirement for a single and
separate search was not required under zoning for building
permit applications.
6. OTHER CONSIDERATIONS: In considering this application,
the Board also finds and determines:
a) the benefit to the applicant,.as weighed against
the detriment to the health, safety, welfare of the community,
is greater, and is not unreasonable or substantial in relation
to the requirements;
b) the benefit sought by the applicant cannot be
achieved by some other method, feasible for applicant to pursue,
other than this request;
c) the relief requested will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district;
d) the difficulties created are related to the land
and are not personal to the landowner;
e) this application, as conditionally granted, will
not be adverse to the preservation and protection of the
character of the neighborhood and the health, safety, and
welfare of the community.
Accordingly, on motion by Member Wilton, seconded by
Member Goehringer, it was
RESOLVED, to grant approval under New York Town Law,
Section 280-A over the subject right-of-way, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the right-of-way be improved 12 feet in width,
and have an unobstructed clearance at 14 feet (or more at the
,.Page~5- Appl. No. 4164 and No. 4057
Matter of JOHN SEPENOSKI AND OTHERS
Decision Rendered May 11, 1993
option of the applicant), in accordance with the Stipulation 0f
Settlement resulting from the declaratory proceeding under Index
No. 1742-89 in New York State Supreme Court;
2. That the improvements within the 12 ft. width include
the following for a full length extending from Horton Lane for a
distance of 182 feet to the interior lot (Sepenoski):
(a) filling of potholes and leveling;
(b) placement of two inches (2") of stone blend (or
more at the option of the applicant;
3. That this 14-ft. clearance allow for sufficient
manueverability by fire and emergency vehicles;
4. That any Substitution of materials must be accepted by
the Chairman of this Board;
5. That the entire 182 ft. length of.the subject
right-of-way be continuously maintained in good condition at all
times.
6- Final acceptance shall be made by either the Building
Inspector or the Board of Appeals' Chairman, or his appointed
representative; and be it
FURTHER RESOLVED, that the parcel which is currently
identified on the Suffolk County Tax Maps as No. 1000-54-3-14.7,
now of Sepenoski,.be and hereby is CONFIRMED and RECOGNIZED for
single-family dwelling use, subject to all setback, bulk
schedule and other zoning requirements applicable under the
.Southold Town Zoning Code, and subject further to the County
Health Department and any other agency approvals which will be
necessary at the time of submission of an application for a
building permit (with the exception of lot size).
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and
Wilton. (Members Doyen and Villa were absent.) This resolution
was duly adopted.
Page 6 - Appl. No. 4163
Matter of RUSSELL IRELAND, JR.
Decision Rendered May 1i, 1993
ACTION OF THE BOARD
Appl. No. 4163:
Upon Application of RUSSELL IRELAND, JR. for Variances to
the Zoning Ordinance: (a) Article IIIA, Section 100-30A.4
{100-33B-3} for permission to locate accessory garage with a side
yard setback at less than the required 10 feet; (b) Article
XXIII, Section 100-239.4B for approval of a proposed new deck
addition and for grandfather approval of existing deck addition
built prio~ to May 1985, all of which is located within 75 feet
of the bulkhead along Great Peconic Bay and with reduced easterly
side yard to less than the 20 feet, and total side yards to less
than 35 feet, as required by Article IIIA, Section i00-30A.3.
Location of Property: 5400 Great Peconic Bay Boulevard, Laurel,
NY; County Tax Map Parcel No. 1000-128-2-12. This parcel
contains a total lot area of 43,402 sq. ft. and is located in the
R-40 Low-Density Residential Zone District.
WHEREAS, a public hearing was held on April 22, 1993, and
at said hearing all those who desired to be heard were heard and
their testimony recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant seeks a variance under
Article IIIA, Section 100-30A.2, which refers to Section 100-33
for permission to locate a 22' by 22' accessory building for
garage purposes in the front yard area with a distance at five
feet from the westerly property line and approximately 300 feet
from the northerly (front( property line.
2. Also proposed in this application are:
Page 7 - Appl. No. 4163
Matter of RUSSELL IRELAND, JR.
Decision Rendered May 11, 1993
(a) a requested reduction of the side yards for a
proposed addition at the easterly side of the existing dwelling
leaving a reduced setback at ii feet from the easterly side line
(instead of the required 20 feet) and 38 feet from the bulkhead,
at its closest points. The total side yards is also requested to
be reduced from 35 feet to 26.2 feet.
(b) a reduction in the setback to the bulkhead for an
expansion of the previous deck area {which was removed and later
rebuilt without building permits according to town files}. The
new deck area as expanded and existing today is shown on the
survey map prepared by Peconic Surveyors, P.C. as revised
March 18, 1993 physicially attached to the bulkhead along Great
Peconic Bay.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 128, Block 2, Lot 12,
and contains a total lot area of 43,402 sq. ft. and frontage
along Peconic Bay Boulevard of 100 feet. This parcgl is improed
with a 1-1/2 story frame dwelling, which received a Building
Permit issued May 31, 1984 under No. 13177Z to "...replace
under-pinning on house and build a kitchen addition, as applied
for." It is known that the present house was built as a new
dwelling since the dwelling structure which which existed prior
to 1984 was removed and damaged in 1983 or 1984 resulting from
storm activities. The prior dwelling location and size is shown
on the survey prepared by Robert A. Kart dated October 21, 1980
with a setback of approximately nine (9') from the bulkhead.
3. The existing dwelling, without the deck, is shown on the
March 18, 1993 survey to be set back 38.4 feet from the southeast
corner of the house to the bulkhead structure along Great Peconic
Bay at its closest point. The open deck area existing between
the new house location and the bulkhead contains a square footage
of approximately 1052 sq. ft.
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. Article IIIA, Section 100-30A.4 of the zoning Code
requires accessory buildings when located in the rear yard area
to be setback a minimum of 10 feet from the side property line.
Article IIIA, Section 100-33C, added December 22, 1992, provides
that in the case of a waterfront parcel, accessory buildings may
be located in the front yard with the understanding that the
building be set back at the same rule as for principal (building)
Page 8 - Appl. No. 4163
Matter of RUSSELL IRELAND, JR.
Decision Rendered May 11, 1993
setbacks. The code requirement for principal setbacks in this
R-40 Zone District is 15 feet as a minimum for one sideyard (and
at 50 feet minimum from the front line).
6. It is the position of the Board that the amount of side
yard relief requested for the garage is substantial at 33%,
meeting only 67% of the standard required. The relief requested
for the dwelling at i1 feet (instead of the required 20 feet) is
also substantial, however the dwelling structure as existed
previously was at the same or similar setback of 11+- feet.
7. It is the position of the Board that the amount of
relief requested for the setback from the bulkhead from the new
house location is substantial, particularly since the house was
moved farther away from the original house location and the new
deck area was greatly expanded from approximately 200 sq. ft. of
deck area to 1,052+- sq. ft. of deck area. The percentage of
relief requested for the deck is substantial at 100% from the
required standards.
8. It is also the position of this Board that in
considering this application:
(a) the relief requested for the garage and the deck
addition near the bulkhead is not the minimum necessary to afford
relief, and there are alternatives available for appellants to
pursue, with greater set backs and less relief from the standards
applied;
(b) the relief, as requested is not consistent with
the essential character of the neighborhood;
(c) the difficulties are not entirely uniquely related
to the property and are personal in nature;
(d) the variance would in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town and neighboring properties;
(e) in view of all the above, the interests of justice
will be served by not granting the relief as requested.
Accordingly, on motion by Member Wilton, seconded by
Member Dinizio, it was
RESOLVED, that the relief requested for the addition with
reduction in easterly side yard, for a setback at 11 feet, be
and hereby is APPROVED as applied; and BE IT
Page 9 - Appl. No. 4163
Matter of RUSSELL IRELAND, JR.
Decision Rendered May 11, 1993
FURTHER RESOLVED, that the relief requested for the garage
setback at five feet and for the deck addition attached to the
bulkhead, as applied under Appeal No. 4163 in the Matter of
RUSSELL IRELAND, JR. be and hereby is DENIED, as applied, and the
FOLLOWING ALTERNATIVE IS GRANTED:
1. That the deck addition be not closer than 15 feet to the
existing bulkhead, at its closest point;
2. That the deck addition remain open and unroofed, as
~xists;
3. That the proposed accessory garage building be located
at a distance of 10 feet (or more at the option of the applicant)
from the westerly side property line and in the same general
front area shown on the application-survey map;
4. That the proposed garage building remain accessory and
incidental to the residence for storage purposes, not to be
operated for profitable purposes, and shall not be converted to
residential use.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Wilton. (Members Villa and Doyen were absent.) This resolution
was duly adopted.
Page 10- Appl. No. 4157
Matter of DEPOT ENTERPRISES, INC.
Decision Rendered May 11, 1993
ACTION OF THE BOARD OF APPEALS
Appl. No. 4157:
Matter of the Application of Application of DEPOT
ENTERPRISES, INC. for a Variance to the Zoning Ordinance,
Article VII, Section 100-71C (which refers to 100-31C-4, 100-33)
of the residential accessory use provisions), for permission to
establish and locate accessory outdoor recreational area with
outdoor lighting incidental to the main use of the premises.
Location of Property: 320 Depot Lane, and 29325 Main Road,
Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1.
Subject premises is zoned Residential-Office (RO) and contains a
total lot area of 1.6+- acres.
WHEREAS, after due notice, public hearings were held on
March 18, 1993 and on April 22, 1993, and at said hearings 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 application requesting permission to locate
outdoor recreational area with outdoor lighting as accesory uses
incidental to the main use of this property. Submitted as part
of this application are sketches showing a proposed volleyball
court, fence areas, and ~he proposed lighting.
2. The property is located in the Residential-Office (RO)
Zone District is contains a total area of approximately 1.6
acres, of which 147.39 feet fronts along the north side of the
Main State Road and 173.13 feet fronts along the east side of
Depot Lane.
3. The subject premises is bounded on. the north by
residences; on the west along Depot Lane by a gasoline station
Page 11- Appl. No. 4157
Matter of DEPOT ENTERPRISES, INC.
Decision Rendered May 11, 1993
and a house all located in the Hamlet Business Zone District.
North of the Hamlet-Business Zone is the Cutchogue West School
which is improved with the school's main building and outside
playgrounds and outside recreational areas. To the south is
the Main State Highway and property zoned R-40 Low-Residential.
4. The location of the proposed outside recreational
court and lighting is generally north of the existing parking
lot with setbacks at not closer than 24 feet from the northerly
property line and at least 30 feet from the easterly property
line. The lighting is shown to be at each of the four corners
of the volleyball court.
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 a substantial part of
the buildable areas of this parcel consists of "front yards" -
that area extending east from Depot Lane and that area extending
north from the Main State Highway;
(b) the relief is not substantial in relation to the
requirements;
(c) the relief requested will not cause a substantial
effect on available governmental facilities since the areas are
not enclosed buildings and is directly related to the main use
of the premises (recreational club) and not involving a separate
business;
(d) 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 located with an adequate setback and buffer
area from the northerly property line at 32+- feet;
(e) there will be no adverse undesirable change in
the character of the neighborhood or detriment to nearby
properties created by the location of the volleyball courts in
the front yard area;
(f) the relief sought by applicant cannot be
achieved by another method other than an area variance;
(g) the proposed variance will not have an adverse
effect or impact on the physical or environmental conditions in
this neighborhood or zone district;
Page 12 - Appl. No. 4157
Matter of DEPOT ENTERPRISES, INC.
Decision Rendered May 11, 1993
(h) the difficulty is related to the uniqueness of
the property and is not self-created;
(i) the relief requested will be the minimum
necessary to afford relief.
Accordingly, on motion by Member Dinizio, seconded by
Member Wilton, it was
RESOLVED, to GRANT the relief as requested under Appl. No.
4157, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the lighting, which is proposed for seasonal
playing of volleyball, be out by 10:00 p.m.;
2. That additional screening be added to provide a
staggered (or straight) buffer, inside the applicant's property
line, for a distance of between 75 ft. and 100 ft. in length;
screening shall be with fruit trees (or similar) at planted at a
height of three (or four) feet, and maintained in good condition
at all times for screening purposes;
3. That the use of the court be for the playing of
volleyball, and remain accessory and incidental to the main use
of the premises in accordance with the Special Exception granted
May 2, 1985 under Application No. 3322 for a private
recreational club. The use of the volleyball courts may not be
operated as a separate business.
Vote of the Board: Ayes: Messrs. Dinizio, Wilton and
Goehringer. (Absent were: Members Villa and Doyen). This
'resolution was duly adopted.
~agel3 - Appl. No. 4156
Matter of Gardiners Bay Estates Association, Inc.
Decision Rendered May // , 1993
DELIBERATIONS/DECISION: Appl. No. 4156:
Upon Application of GARDINERS BAY ESTATES CLUB, INC.
(record owner as per Deed at Liber 7671 page 415) - by Lawrence
Matzen, Chairman of the Marine Committee in behalf of the
GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC.
This is an Appeal based upon the February I0, 1993 Notice
of Disapproval issued by the Building Inspector requesting an
Interpretation of Article III, Section 100-31C(3) of the Zoning
Code which provides for "...docking or mooring facilities for no
more than two (2) boats other than those owned and used by the
owner of the premises for his personal use." Applicant is
proposing to construct new dock areas with multiple boat
facilities, at the community beach of Gardiners Bay Estates.
Location of Property: Part of Private Road known as Dogwood
Lane situated along "Spring Pond," an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay Estates, Section
2, filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land). (Extensive
testimony was received and the hearing then concluded, pending
deliberations at a later time.)
WHEREAS, Application ~4156 is made under the Zoning
· Ordinance of the Town of Southold, Chapter 100, for an
interpretation of Article III, Section 100-31C(3-a) pertaining
to accessory'uses in the residential zone districts;
WHEREAS, said application makes specific reference to
property owned by the Gardiners Bay Estates Club, Inc., now
known as the Gardiners Bay Estates Homeowners Association, Inc.,
which property is underwater land shown as "Spring Pond",
.identified on the Suffolk County Tax Maps as District 1000,
Section 37, Block 1, Lot 17, containing 6.8+- acres in total
area. Waterfront accessibility is shown in this application to
be at the end of Dogwood Lane, although other deadend streets
are shown to exist (from the end of Beach Court and Old Orchard
Lane, to the waterway of Spring Pond;
WHEREAS, members of the Board viewed the property and are
familiar with the current zoning designation of "Low-Density
R-40 Residential" and the character of this property w~ich is
Page 14- Appl. No. 4156
Matte~ of Gardiners Bay Estates Association, Inc.
Decision Rendered May /i , 1993
underwater land shown on maps for a preexisting subdivision·
known as Gardiners Bay Estates, Sections I and II;
WHEREAS, after due notice, public hearings were held by the
Board of Appeals on February 23, 1993 and April 22, 1993, and
all statements and materials submitted have been made a part of
the permanent record;
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the record and all testimony have been carefully
considered, and the following pertinent facts noted:
1. LOT DESCRIPTION: The subject premises comprises an
area of 6.8+- acres of underwater land referred to as "Spring
Pond" at East Marion, Town of Southold, Suffolk County.
2. ACCESS TO UNDERWATER PARCEL: Accessibility to this
underwater land is shown on the maps submitted under this
application to be at the end of Dogwood Lane, although other
deadend streets are shown to exist at the end of Beach Court and
also at the end of Old Orchard Lane, to Spring Pond.
3. PREEXISTING SUBDIVISION: The property in question is
shown on the Subdivision Maps of Sections I and II, Gardiner$
Bay Estates at East Marion, filed in the Suffolk County Clerk's
Office on September 23, 1927. Sections I and II preexist the
enactment of zoning (1957). Approximately 40 years later,
Section Three was filed and approved on February 27, 1968 by the
Southold Town Planning Board for the creation of interior lots
~173 through 9188.
4. WATERFRONT LOTS/INTERIOR LOTS: It is noted that 51
lots border directly on the waterway of Spring Pond; the
remaining 50 lots in Sections I and II are interior lots. Lot
No. 16 is shown on the filed map of Section II as "Beach for use
of lot owners." Also, the Section III Subdivision Map shows 16
additional "interior lots" as approved in 1968. The total
number of lots shown on the Maps of Sections I, II and III is
'122 (combined waterfront and interior lots).
5. NEW YORK TOWN LAW - TIME FOR APPEAL FROM DECISION OF
ENFORCEMENT OFFICER. Effective Ju~ly 1; 1992, Town Law was
amended (codified) by adding a new Section 267-a. One of the
amendments included the filing within 60 days of an appeal based
upon the decision, order, requirement, interpretation of the
Building Inspector. The action of the Building Inspector upon
which this interpretation is requested is dated February 10,
1993, and the appeal was filed with the Clerk on February 11,
1993.
Page 15- Appl. No. 4156
Matter of Gardiners Bay Estates Association, Inc.
Decision Rendered May /~ , 1993
6. BASIS OF APPEAL: The action taken by the Building
Inspector, upon which this appeal for an interpretation is made
is dated February 10, 1993, and reads as follows:
"...PLEASE TAKE NOTICE that your application dated
February 10, 1993 for permit to construct dock with
multiple boat facilities at Dogwood Lane, East
Marion ... is returned herewith and disapproved on
the following grounds: Article III Section 100-31C3,
Property Zoned A and owned by Subdivision Assoc.
Action required by Zoning Board of Appeals to address
proposed use not allowed in Agricultural Zone i.e.
more than two boats not owned by property owner... "
7. USE VARIANCE: It is noted that no record has been
found that makes reference to other relief; and to date, an
application for a use variance has not, filed.
8. OTHER AGENCIES: It is noted that this project is also
contingent upon compliance with other agency permits and/or
finalizing reviews under other applicable statutes now pending,
or previously issued including but not limited to the:
a) N.Y.S. Department of Environmental Conservation;
b) Department of the Army;
c) Town Trustees of the Town of Southold;
d) Planning Board of the Town of Southold, as may be
appropriate.
9. OWNER-CORPORATION: The record owner as shown on the
deed recorded at Liber 7671 page 415 was conveyed on July 7,
1974 by Gardiners Bay Co., Inc. to Gardiners Bay Estates Club,
Inc., under the laws of the State of New York. A copy of an
Amended Certificate of Incorporation changing the name of the
corporation to Gardiner's Bay Estates Home Owner Associa-
tion, Inc. (GBEHOA) has been submitted as part of the record.
GBEHOA is a Not-For-Profit Corporation organized under Section
803. This Not-For-Profit Corporation is a membership
organization which requires ownership of property in speciic
areas of East Marion, presently at Gardiners Bay, before
becoming eligible and accepted as a member of the corporation.
Page 16- Appl. No. 4156
Matter of Gardiners Bay Estates Association, Inc.
Decision Rendered May /~ , 1993
TOWN CODE DEFINITIONS
10. PERSON OR ASSOCIATION DEFINED: Section 100-13 of the
Zoning Code categorizes association under the definition of
"person," as follows:
...PERSON: Any association, partnership,
corporation, cooperative group, trust or other
entity, as well as an individual ....
11. OWNER OF LAND DEFINED: Section 100-13 of the Zoning
Code defines owner as a "...person having vested or contingent
interest in the property in question" including a duly
authorized agent, attorney, purchaser, devisee, and fiduciary
having vested or contingent interest in the property in
question. Real property law provides for ownership as being
held individually, jointly, in common, or in corporate or
partnership form. This parcel is in corporate ownership form,
not individually, not jointly, and not in common ownership. The
corporation is the owner. The membership is not the owner. The
membership is a union forming the shareholders of the corpora-
tion.
12. RECORD OWNERSHIP TO PROPERTY IN QUESTION: The
ownership to the underwater land which is the subject of this
application is in the name of an association-corporation
referred to as the "Gardiners Bay Estates Home Owner
Association, Inc." A corporation is defined as a "person"
under the Southold Town Code. The code clearly does not provide
for separate individual stockholders or members of a corporation
to be multiple owners of the land. Stockholders of a
corporation are defined in Black's Law Dictionary as holders of
shares of stock, sharing proportionately in its net profits or
earnings or in the right to distribute assets on dissolution.
Stockholders also share rights to participate in the general
management of the company. Stockholders may be one or more
persons or sub-corporations. A corporation may exist with an
unlimited number of shareholders, with more than one
corporation, or with no shareholders. Ownership of land is
not defined as members of a corporation, nor is an owner defined
as the number of members in a corporation. Ownership of land is
clearly defined as a person, a corporation, a partnership, a
trust, or an entity as a single unit.
13. INTENT OF ACCESSORY USE AT 100-31C: It is well-known
to Board Members that the intent of Section 100-31C is and
always has been to allow an extension of use to a particular
piece of property, accessory and incidental to the residence on
the lot, for the docking of his own boat, and provided further
that title to the boat is in the same name as the owne~ of the
~age 17- Appl. No. 4156
Matter of Gardiners Bay Estates Association, Inc.
Decision Rendered May ~ , 1993
property. In addition, accessory uses would be permitted to
have up to two boats other than those of the owner of the
residential parcel. The Zoning Code does not provide for an
extension of use for interior lots (without direct frontage on a
waterway) in residential subdivisions for multiple docking
facilities. The Zoning Code also does not provide for cases
where the owner of the boat is not the same as the owner of the
land at the docking facility and waterfront property.
Interpretations are limited to clarifying and interpreting the
code, not legislating new definitions or new zoning laws.
14. TITLE OF BOAT OWNERSHIP. No information has been
furnished by the applicant to show ownership of the boats
intended for docking or mooring by the applicant-owner (GBEHOA).
ACCORDINGLY, on motion by Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, that Section 100-31C(3-a) of the Zoning Code is
hereby clarified for the purposes of interpretation as follows:
1) For the purpose of Section 100-31C(3-a), an owner of a
parcel of land shall be an individual, a partnership,
corporation, cooperative, or other entity, or a combination of
the above, 'as a single unit;
2) That for the docking, mooring or accommodation of
noncommercial boats, only those boats owned and used by the
resident-owner of the land immediately adjacent to the land
which the docking or mooring is to be located, may be allowed as
an accessory for hisown personal use, provided the waterfront
.lot is held in single and separate ownership and is IMPROVED
WITH A PRINCIPAL ONE-FAMILY DWELLING OR OTHER PERMITTED
PRINCIPAL USE AS PROVIDED in Section 100-31 and Section
100-30A.2 applicable to the R-40, R-80, R-200 and A/C Zones to
which this docking must be accessory to. Additionally, up to
two other boats may be docked or moored which are not in title
to the same landowner;
3) Ail docks and moorings are subject to reviews by the
Southold Town Trustees in accordance with the rules and
regulations of the Southold Town Code'.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio
and Wilton. (Absent were: Member Doyen of Fishers Island and
Member Villa.) This resolution was duly adopted.
Page 18- Minutes
Special Meeting of May 11, 1993
Southold Town Board of Appeals
HEARINGS CALENDAR FOR MAY 20, 1993: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, to authorize and direct advertisement of the
following matters for public hearings to be held during a Regulr
Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold
Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY,
MAY 20, 1993, commencing at the times specified below:
1. 7:30 p.m. Appl. No. 4166 - ROBERT W. ALCUS.
Request for Variance to the Zoning ordinance, Article IIIA,
Section 100-30A.3 (Bulk Schedule) for approval of an existing
deck around existing accessory swi~ingpool {which pool
structure has received a Certificate of Occupancy under No.
14664 and Building Permit No. 13046 dated 6/17/84}. Variance is
required since all structures have a total lot coverage over 20%
of the lot area. Subject premises is nonconforming as to
total lot area and width in this R-40 Low-Density Zone District
and is shown on the Map of Indian Neck Park as Lot No. 8; also
shown on the Suffolk County Tax Maps as District 1000, Section
98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic,
NY.
2. 7:35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF
VENICE RESTAURANT. Request for a Variance to the Zoning
Ordinance, Article XIV, Section 100-101C(3) for permission to
locate an off-premises-directional sign on property owned by
Ester DiGioia, premises located in the Light Industrial (LI)
Zone District, at the southeast corner of the intersection of
Middle Road (County Road 48) and Lipco Road, Mattituck; County
Tax Map No. 1000-141-3-18.
3. 7:40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M.
FRIEMANN. Request for a Variance to the Zoning Ordinance,
Article XXIII, Section 100-239.4 for permission to construct
addition and deck addition with spa within 75 feet of the
existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY;
County Tax Map Parcel No. 1000-117-3-8.4. Subject premises is
located in the R-80 Zone District.
4. 7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). Appeal of the April 25, 1991 Notice of Disapproval
from the Building Inspector, citing "...Article III, Section
100-13 - Definition Section of the Zoning Code pertaining to
"hotel or motel transient, which says in part that there will be
no cooking facilities." 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. {The Special Exception use did
not include approval for kitchenettes or dwelling uses}.
Page 19- Minutes
Special Meeting of May 11, 1993
Southold Town Board of Appeals
(Hearings for 5/20, Resolution continued:)
Location of Property: 61475 C.R. 48, Greenport, NY; County Tax
Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing
approximately 7.5 acres.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Wilton. (Members Doyen and Villa were absent.) This resolution
was duly adopted.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
'L'inda F. Kowalski
RECEIVED AND FILED BY
THE SOUTHOLD TOWN Cr.V. RK
~ Town Clerk, Town of South, cid