HomeMy WebLinkAboutZBA-09/20/1993APPEALS BOARD MEMBERS
Gerard P. C~oehringer, Chairman
Serg~ Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
MONDAY, SEPTEMBER 20, 1993
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
7:15 p.m. Work Session - Reviews of pending applications.
(No action was taken.)
7:30 p.m. Regular Meeting - Call to Order by Chairman.
A Regular Meeting was held by the Southold Town Board of
Appeals on MONDAY, SEPTEMBER 20, 1993 commencing at 7:30 p.m.
at the Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard C. Wilton, Member
Linda Kowalski, Board Clerk.
I. PUBLIC HEARINGS were held, noted as follows:
7:32 p.m. Appl. No. 4190 - JOHN AND MARIE S. SHACK for a
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to construct deck addition within 75
feet of bulkhead at Pipes Cove, Greenport Shores. Property
Location: Shore Drive, Greenport, Greenport Shores Combined
Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel
1000-47-2-26.1 (prev. 26). The subject premises is substandard
in size and is located in the R-40 Low-Density Residential Zone
District.
2. 7:35 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. This
hearing was postponed as requested by the applicant without a
new date, pending further notice. This is a pending application
for a Special Exception for approval of an Accessory Apartment
in conjunction with the principal dwelling use and residency by
Page 2 - Minutes
Southold Town Board of Appeals
Regular Meeting of September 20, 1993
the owner (owner occupancy) and s~bject to the provisions of
Article III, Section 100-31B(14). Location of Property:
House ~125 (per Town Records) at the north side of Sound Avenue,
which parcel commences at a point approximately 51 feet east of
the Riverhead-Southold Town Boundary Line, extending 195.18 feet
along Sound Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-120-1-2.2. This property consists of an area of 40,241 sq.
ft. and is located in the Agricultural-Conservation (A-C) Zone
District.
3. 7:50 p.m. Appl. No. 4184 - CHARLES H. LEWIS (carryover
from the August 18, 1993 hearings calendar). Application
requesting a Variance as provided by New York Town Law, Section
280-A requesting standards of minimum improvement to the
traveled bases of two separate (private) rights-of-way for safe
and sufficient access by emergency, fire and other vehicles
located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel #1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Linde£mayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
91000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
John M. Wagner, Esq. appeared in behalf of the applicants.
Also present were Reginald Miner and Thomas Murray. (See
statements made during hearing and prepared in the verbatim
transcript, attached for reference as needed.)
II. Environmental Declaration Confirmed - SEQRA:
· ~PE II Action- Appl. No. 4190 - JOH~ AND MARIE SHACK
Minutes
APPEALS BOARD MEMBERS
· Gerard P. Goehringer, Chairman.
Serge Doyen,'Jr.
James Dinizio, Jr.
Robert A. Villa
Ri chard '
Telephone (5C1~)
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 20, 1993
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
August 26, 1993
Appeal No. 4190
Project/Applicants:
County Tax Map No.
Location of Project:
.E,E,Q,R.A,
TYPE II ACTION DECLARATION
John and Marie Shack
1000- 47-2-26.1
1265 Shore Drive, Greenport, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct deck addition within 75' of bulkhead
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; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established .by law. Further, this Department may not be an
involved agency.under SEQRA {Section 617.13(a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of. Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
Page 4 - Minutes
Regular Meeting or,September 20, 1993
Southold Town Board of Appeals
ACTION OF THE BOARD
Appl. No. 4190.
Upon application of JOHN AND MARIE S. SHACK for a Variance
to the Zoning Ordinance, Article XXIII, Section 100-239.4B for
permission to construct deck addition within 75 feet of bulkhead
at Pipes Cove, Greenport Shores. Property Location: Shore
Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and
p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prev. 26). The
subject premises is substandard in size and is located in the
R-40 Low-Density Residential Zone District.
WHEREAS, a public hearing was held on September 20, 1993, at
which time 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 and properties in the
surrounding (R-40) zone district;
WHEREAS, the Board made the following Findings of Fact:
1. By this application, appellants seek a variance under
Article XXIII, Section 100-239.4B for approval of an open deck
addition/extension at the rear (southeasterly end) of the
existing dwelling, all as shown on the sketch as amended and
prepared by the applicants. The dimensions of the deck are
proposed at 14'0" by 22'0" wide, which will leave a 40 ft.
setback from the existing bulkhead. A six-foot wide step area is
proposed for a depth of 18" to 22" (for two or three steps) off
the rear of the proposed deck. There will be no reduction in
either sideyard, and only a part of the deck, and entire step
area, protrudes past the rear of the house towards the bulkhead.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 47, Block 2, Lot 26.1
and contains a total lot area of approximately 14,250 sq. ft.
Page 5 - Appl. No. 4190
Matter of JOHN AND MARIE S. SHACK
Decision Rendered September 20, 1993
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. The setback of the dwelling as exists is
presently nonconforming at approximately 43 feet from the
bulkhead at its closest point. The dwelling was constructed
prior to 1972 and preexists this Local Law (which first became
effective in March 1985).
4. In considering this application, Board Members find:
(a) the relief requested is not substantial in
relation to the existing established nonconforming setbacks
existing on this property and nearby waterfront area.
(b) this proposed construction is strictly for an open
deck addition without a foundation or basement and without a
screened or permanent-type enclosure. This type of construction
is not considered major and will not affect the stability of the
soils seaward of the house;
(c) the relief requested will not alter the essential
character of the neighborhood - the topography of parcels in the
immediate area have significant differences in topography, shape
and character in relation to the creek shorelines, however, each
are bulkheaded near the ordinary highwater line to aid in the
prevention of erosion or other disturbance to the natural ground;
(d) the practical difficulties claimed are uniquely
related to the property and are not personal to the landowner;
(e) the grant of the relief as requested will not in
turn be adverse to the safety, health, welfare, comfort,
convenience or order of the town, or be adverse to the
neighboring properties;
(f) there is a greater benefit afforded to the
property owner than the public, although the reduction from the
existing nonconforming setback is minimal as requested, and there
will not be a detriment to the health, safety, and welfare of the
neighborhood or community by the grant of this variance;
(g) the benefit sought by the applicants cannot be
achieved by some other method, feasible for the applicant to
pursue, other than an area variance -- particularly in light of
the established nonconformities in this neighborhood;
Page 6 - Appl. No. 4190
Matter of JOHN AND MARIE S. SHACK
Decision Rendered September 20, 1993
(h) in view of all the above, the interests of justice
will be served by the grant of the requested relief as requested
and conditionally noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Doyen, it was
RESOLVED, to GRANT the relief as requested in the Matter of
the Application of JOHN AND MARIE S. SHACK under Appeal No. 4190
for a proposed open deck, SUBJECT TO THE FOLLOWING CONDITIONS:
1) the setback shall not less than 40 feet from the
existing bulkhead, except that a 18" to 22" (maximum depth) step
area at a width of six feet may be added at the rear of the
deck.
2) the deck shall remain unroofed and unenclosed at all
times {no temporary enclosures such as screening};
3) outdoor lighting which may be proposed shall be shielded
toward the ground so as not to glare onto nearly lands.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 7 - Minutes
Regular Meeting of September 20, 1993
Southold Town Board of Appeals
Appl. No. 4184.
ACTION OF THE BOARD OF APPEALS
Upon Application of CHARLES H. LEWIS - Variance as
provided by New York Town Law, Section 280-A requesting
standards of minimum improvement to the traveled bases of two
separate (private) rights-of-way for safe and sufficient access
by emergency, fire and other vehicles located as described below:
Access to Lot No. 1, as modified, with its proposed access
over a right-of-way extending from the westerly side of
Lighthouse Road, Southold, NY, over premises now or
formerly of Pantel, referred to as Parcel ~1000-50-3-3.4,
and over premises now or formerly of Suffolk County,
known as Parcel #1000-50-3-3.1.
Access'to Lot No. 2, as modified, with its proposed access
over a right-of-way extending from the northerly side of
Sound View Avenue, Southold, NY, in a northerly direction
over lands now or formerly of Regan, Lindermayer, Stanley,
Kudinka and/or Garcia and Sileo, referred to as Parcels
#1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot
requiring Section 280-A approval is shown as new
subdivision Lot No. 2 as modified and further identified as
County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total
combined area of 2.2612 acres, and which is pending before
the Southold Town Planning Board for re-division into two
lots.
WHEREAS, a public hearing was held on August 18, 1993 and
September 20, 1993, at which time those who desired to be heard
were heard and their testimony recorded (see transcript prepared
under separate cover); 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
Page 8 - Appl. No. 4184
Matter of CHARLES LEWIS (280-A)
Decision Rendered September 20, 1993
WHEREAS, the Board made the following findings of fact:
1. RELIEF REQUESTED. There are two separate easement
areas over which the applicant is requesting two separate access
routes. The first right-of-way (referred herein as ROW No. I)
is shown on the map prepared by Peconic Surveyors, P.C. revised
August 17, 1993 as the "westerly 30-ft. wide right-of-way"
extending from a point along the northerly side of Soundview
Avenue, North 42 degrees 5 minutes 23 seconds West 623.46+-
feet, to proposed Lot No. 2 {as re-divided in this change of lot
lines}. The second right-of-way (referred herein as ROW No.
II) is shown as the "easterly 25-ft. wide right-of-way"
extending from a point 654.52 feet north of the intersection of
Soundview Avenue and Lighthouse Road, running along the westerly
side of Lighthouse Road South 55 degrees 02 minutes 20 seconds
West 201.85 feet, thence North 41 degrees 4 minutes 10 seconds
West 72.68 feet, thence South 48 degrees 00 minutes 00 seconds
West 158.35 feet to the southerly property line of proposed Lot
No. 1 {as re-divided}. The owner of proposed Lots No. 1 and
No. 2 does not own title to the lands over which this access
route is shown. Sufficient notice to the owners of said lands
has been furnished for the record. The attorney for the
applicant has assured the Board that the rights-of-way as shown
are not in dispute and the easements are deeded to the applicant
and his predecessors in title.
2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of
the base of both rights-of-way are in fair condition, and is
further noted below:
a) ROW No. I is shown at a full easement width of
thirty (30) feet, and a traveled stone roadway approximately ten
(10) feet in width;
b) ROW No. II is shown at a full easement width of 25
feet, and a traveled dirt roadway width varying from 8 to 10
feet.
The base of each right-of-way is in need of improvement, and the
traveled portions should be widened to 12 feet and have at least
a 15 ft. unobstructed clearance for sufficient maneuvering and
access by emergency (fire) vehicles and trucks.
3. 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,
Page 9 - Appl. No. 4184
Matter of CHARLES LEWIS (280-A)
Decision Rendered September 20, 1993
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 Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, to ADOPT the following standards of improvements,
and conditions, in this application for relief under the
provisions of New York Town Law, Section 280-A:
1. The entire length and base of both rights-of-way (I &
II) be improved a minimum of 12 feet in width, and have an
unobstructed clearance at 15 feet in width within the easement
areas; also, driveway areas must have an unobstructed clearance
between 12 and 15 feet in width;
2. Straightening of the turn within ROW (best possible);
3. Since approval is requested over both rights-of-way,
all potholes must be filled with bank run (20% content) for the
entire length of both rights-of-way, as well as placement of 2"
of compacted stone blend for a full width of 12 feet and entire
length, {and scarified where necessary};
4. Both rights-of-way must be keep in good condition at
all times, and continuously maintained. In the event this
right-of-way is found in poor condition, the Town may take
whatever action is necessary -- including the reopening of this
application, after due notice and public hearing, and/or require
new applications for this and/or other properties in the area
utilizing these same rights-of-way as their only legal access
routes; and
Page 10 _ Appl. No. 4184
Matter of CHARLES LEWIS (280-A)
Decision Rendered September 20, 1993
5. A description of the improvements to the rights-of-way,
after completed, shall be sent in writing to the office of the
Board of Appeals, before acceptance is made by the Chairman or
his authorized representative. It shall be the authority of
the Chairman (or alternate Board Member) to accept or reject the
improvements made, or require other modification for further
improvement or better maneuverability within the easement area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
APPROVAL OF MINUTES: On motion by Member Wilton, seconded
by Member Dinizio, it was
RESOLVED, to approve the Minutes of the August 18, 1993
meeting, as submitted.
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 11 - Minutes
Regular Meeting of September 20, 1993
Southold Town Board of Appeals
OTHER MEETING REMINDERS: The following committee
meetings were noted on the calendar as of today's date:
LEGISLATIVE CODE COMMITTEE: Next Meeting: 9/22.
PLANNING & ZONING COMMITTEE: None calendared for September or
October as yet.
ZBA Regular Meeting: Monday, October 18, 1993.
Copies of the monthly calendar prepared by the Town Clerk's
Office was distributed to Board Members for the remainder of
August and the calendar for September and October 1993
(prepared as of this date and subject to future change by Town
Clerk's Office).
RESOLUTION - ZBA PUBLIC HEARINGS FOR OCTOBER 18, 1993:
On motion by Chairman Goehringer, seconded by Member
Wilton, it was
RESOLVED, that the following applications be and hereby are
scheduled for public hearings to be held at a Regular Meeting on
MONDAY, OCTOBER 20,1993before the Southold Town Board of
Appeals at the Southold Town Hall, 53095 Main Road, Southold,
New York:
1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct garage addition with a reduced westerly
side yard at less than the required 10 feet, and total sideyards
at less than 25 feet. Location of Property: 1100 Sound Beach
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1.
The subject premises is a nonconforming, substandard lot having
an area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B.
ARNOLD for a Special Exception as provided by Article IIIA,
Section 100-30A.2B approving an Accessory Apartment use in
conjunction with owner's residency in this existing dwelling
situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel
No. 1000-126-3-16.
3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN
for a Variance to the Zoning Ordinance, Article III, Section
100-33 for an accessory satellite dish structure, as installed,
Page 12 - Minutes
Southold Town Board of Appeals
Regular Meeting of September 20, 1993
in the southerly yard area (known as front yard area under the
zoning definitions). Location of Property: 58473 (ROW off)
Main Road, Southold, NY; County Tax Map Parcel No.
1000-55-6-33.2.
4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH
for a Variance to the Zoning Ordinance, Article XXIII, Section
100-231A, for approval of man-made berm, as situated, with a
height in excess of four feet from ground level at 505 Skunk
Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3.
5. 7:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance
under New York Town Law, Section 280-A, for acceptance of
minimum standards of improvements over new easement right-of-way
areas, as modified since the prior Appeal Hearing and
Determination rendered under Applo No. 3478 on 9/11/86.
Location of Right-of-Way or Easement Area: Commencing at a
point along the north side of Oregon Road, Cutchogue, along the
westerly side of lands of Bokina, over lands now or formerly of
William J. Baxter and others identified as Lot 1.9, Block 1,
Section 72, extending northerly approximately 1035 feet, to a
point, thence running in an easterly direction approximately 563
feet to the applicant's parcel of land identified as Lot 1,
Block 2, Section 73, District 1000, all as shown by survey
amended June 17, 1992, prepared by Roderick VanTuyl, P.C,
6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK.
Request for a Variance under Article XX, Section 100-101C for
permission to place canopy-type sign at westerly side of
existing principal building to advertise "Eastern Tire, Wheel
Alignment, Mufflers". Location of Property: 32930 Main Road
and easterly side of Eugene Road, Cutchogue, NY; County Tax Map
Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined
lot area of 1.85 acres, a portion of which is located in the "B"
General Business Zone District, and the remaining portion in the
"R-80" Residential Zone District.
7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS,
LTD. Request for Variance to the Zoning Ordinance, Article
VII, Section 100-72 for approval of more than one principal use
on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of
right-of-way area). Applicant is also before the Southold Town
Planning Board for a four-lot minor subdivision. The premises
presently contains a total lot area of 5.835 acres and is
improved with: (a) the northerly building which was converted
in 1988 from a barn for the storage of antiques to an
architect's office as shown on the site plan map prepared by
Samuels-Steelman, approved by the Planning Board 12/14/87; (b)
Page 13 - Minutes
Southold Town Board of Appeals
Regular Meeting of September 20, 1993
the front main building utilized as a single residence and a
real estate office; (c) a separate garage structure; (d) a
separate shed. Location of Property 25235 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23.
8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance
to the Zoning Ordinance, Article XXIII, Section 100-231(A) for
approval of fence height above four feet, as exists. Location
of Property: 552 East Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-110-7-18.2.
Vote of the Board: AYES: Messrs. Goehringer, Doyen, Dinizio,
Villa and Wilton. 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'i nda Kowalski ~ -~-~3
// // ~.-'~C~k, Board of Appeals
//Approved - Gerard P.---Goehringe~/, Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN
Town Clerk, Town of Southold