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Home My WebLink AboutZBA-05/14/1998 t t t APPEALS BOARD MEM3ERS Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road James Dinizio,Jr. y Z P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 Lora S. Collins ZBA Fax(516)765-9064 George Horning �! Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Resol. to file adopted 6/11/98 MINUTESREGULAR T E S MEETING THURSDAY, MAY 14, 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main. Road, Southold, New York 11971, on THURSDAY, MAY 14, 1998, commencing at 6:35 p.m. in the Meeting Hall. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr. , Member (6:30 - 7:20) Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:35 p.m. Gerard P. Goehringer, Chairman called the meeting to order. AGENDA ITEM I: SUBMISSIONS AND BOARD REVIEWS PENDING (as of 5/11): A) Mattituck Products Co. , LLC - submission for board .review regarding request for drive-up or drive-thru window at existing McDonald's Restaurant, 8805 Main Road, Mattituck. It. the Board noted that it is in receipt of an application requesting a drive-up or drive-thru for the McDonald's Restaurant and that it issued a decision in 1991 which clearly addressed a drive-up or drive-thru for this property and this McDonald's Restaurant. The Chairman asked the Board if there was a motion to rehear this matter pursuant to New York Town Law, Section 267-a(12) and no motion was made. The Board then noted it is barred by the doctrine of res judicata from reviewing this application. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to return the application to Darrell J. Conway, Attorney for the Applicant based on the above. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly ADOPTED (5-0). Page 3 - Minutes Regular Meeting of May 14, 1998 Southold Town Board of Appeals AGENDA ITEM V. SEQRA. TYPE II Declarations. Motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried declaring Type II Declarations on the following: Zuhoski, Bertetto, Bayview/South Harbor, L.P. , Petikas Variances. This Resolution was duly adopted (5-0) . AGENDA ITEM VI. MINUTES. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, . to approve and authorize filing of the Minutes of Board of Appeals for the following Meetings: April 30, 1998 Special Meeting April 16, 1998 Regular Meeting. March 3, 1998 (carryover from prior agenda) March 23, 1998 (carryover from prior agenda) . This Resolution was duly adopted (5-0) . AGENDA ITEM II. PUBLIC HEARINGS, continued: 6:46 p.m. Appl. No. 4565 - STEVEN ZUHOSKI. Variance .under Article XXIV: Section 100-244, based upon the Building Inspector's March 30, 1998 Notice of Disapproval for a proposed garage addition with an insufficient side yard setback at property known as 1090 Gold Spur Street, Cutchogue; 1000-95-4-18.12. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to close (conclude) the hearing. This Resolution was duly adopted (5-0). 7:04 - 7:08 p.m. Appl. No. 4566 7:04 p.m. Appl. No. 4566 - FRANK BERTETTO. Variance under Article XXIV, Section 100-244B; based upon the Building Inspector's April 7, 1998 Notice of Disapproval for an "as built" garage addition, pending construction under building permit No. 24632Z was issued 2/3/98. 695 Shore Drive, Greenport; 1000-47-2-18. (See action as filed with Town Clerk's Office and adopted .during this meeting.) 7:09 - 7:44 p.m. Appl. No. 4559 CHRISTOPHER PLIACONIS. The Board reconvened the hearing (continued as requested by Ronald Hellman. from 4/16) . The applicant is requesting approval of an "as built" pool which exceeds the lot coverage limitation of the Zoning Code. Snug Harbor Road, Greenport. After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Member Collins, and duly carried, to close as a matter of fact at the next meeting. This Resolution was duly adopted. (4-0) . 7:44 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III, Section 100-33, based upon the February 10, 1998 Notice of Disapproval issued by the Building Inspector, to locate a proposed accessory garage in an R-80 Zone District in an area other than the required rear yard. Location of Property: Along the easterly Side of Page 4 - Minutes Regular Meeting of May 14, 1998 Southold Town Board of Appeals South Harbor Road (also extending near the end of Grange Road), Southold; 1000-75-4-22.6 (formerly parcel of 22.4). A possible approval was expected to be adopted at the Board's next meeting. . 7:56 - 8:06 p.m. T. PETIKAS. Carryover Hearings from March 23, 1998: Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Road and the Northerly Side of North Road (C.R. 48) (a/k/a Northerly End of Main Street), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for the following: a) . Special Exception Application No. 4525 as provided by Article III-A, Section 100-30A.2 for a two-family use/occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and c) fence in excess of four-ft. height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. (Hearing held and concluded.) A short break was taken at this time. The Board reconvened and continued with the public hearings. 8:16 - 8:34 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. (Carryover hearing from April 16, 1998- for continuation) . 820 Fisherman's Beach Road, Cutchogue; 1000-111-1-19.1. (Hearing . was held and concluded pending receipt of new figures and calculations for "cut-off" areas and another site visit by the Chairman.) 8:34 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. (Continued hearing from March 23, 1998) . This is a request for a variance based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: 1) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 feet facing Rt. 25, Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B. .. ." Location: 74610 and 74500 Main Road, Greenport; 1000-46-1-1 and 2.1, combined as a single lot. (Hearing was held and concluded.) Page 5 - Minutes Regular Meeting of May 14, 1998 Southold Town Board of Appeals AGENDA ITEM III. DELIBERATIONS. Board Members deliberated on the applications heard earlier this evening. No action or resolution was adopted. , DATE OF SPECIAL MEETING: The Chairman called a Special Meeting of the Board to be held on Tuesday, May 19, 1998 at 7:00 p.m. for carryover of agenda items which were not addressed this evening. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 9:42 p.m. Respectfully submitted, da Kowalski 5/49/98 Attachm Cas ecis' n (1 z..aECEIVED AND FILED BY TI3E SOU'i'HOLD TOWN CLERK proved r Filing DAi'E / HOUR eeard P. Goehringer, Chairman& //-3/98 /o(i 5�� /> , e� 0 All Town Clerk, Town of Southold_ APPEALS BOARD MEMBERS OOFF04COG Southold Town Hall yL Gerard P. Goehringer, Chairman 53095 Main Road c James Dinizio,Jr. y Z P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 Lora S. Collins 41 ZBA Fax(516)765-9064 George Horning Ol �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 14, 1998 Appl. No. 4566 - FRANK BERTETTO PARCEL 1000-47-2-18 STREET & LOCALITY: 695 SHORE DRIVE, GREENPORT DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property, fronts along the easterly side of shore Drive, Greenport, Town' of Southold, and contains a total area of 9375 sq. ft. The April 25, 1998 survey prepared by Anthony W.. Lewan- dowski, L.S. shows ' that the subject premises is improved with a one-story frame house. BASIS OF APPEAL: Building Inspector's April 7, 1998 Notice of Disapproval which reads as follows: "The "as built" garage addition, being located on a non-conforming lot under 20,000 sq. ft. in an R-40 Zone, is required to have side yard setbacks of 10 feet and cumulative of 25 feet pursuant to Article XXIV 100-244B. Building Permit #24632Z was issued for the garage addition based on a survey submitted dated June 13, 1961. .. ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16 ft. by 26 ft. attached garage addition. The setback is proposed. at 1113" from the side property line, and the cumulative total of both sides yards is proposed at approximately 21'4" for both sides. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because garages are a customary use in residential areas. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the fact that the applicant has already built the foundation of the garage'relying on a building permit issued by the building inspector. (3) . The requested area variance is not substantial, representing a reduction of approximately 22% of the required setback from the side yard and approximately 15% of the total side yard requirements (for approximately 4-1/2 ft. total reduction). Page 2 - May 14, 1998 Appl. #4566 - 1000-47-2-18 (Bertetto) Southold Town Board of Appeals (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood .or district. (5) The situation has not been self-created because the applicant built the foundation relying on the building permit issued by the building inspector. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, AND HORNING. (Member Tortora abstained because she wants written reasons for action prepared before voting.) This RESOLUTION WAS DULY ADOPT , with t on . ERARD P. GOEIMINMR, CH MAN Approved for Filing 5/18/98 AS400/txtlk/actions.all/47-2-18 APPEALS BOARD MEMBERS O��$OfFO(�CO G Southold Town Hall Gerard P. Goehringer, Chairman o y1 53095 Main Road James Dinizio,Jr. cc P.O. Box 1179 z W ^' Southold,New York 11971 Lydia A.Tortora • Lora S. Collins y O� ZBA Fax(516)765-9064 George Horning . �a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 14, 1998 Appl. No. 4566 - FRANK BERTETTO PARCEL 1000-47-2-18 STREET & LOCALITY: 695 SHORE DRIVE, GREENPORT DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified. property fronts along the easterly side of shore Drive, Greenport, Town of .Southold,. and contains. a total area of '9375 sq. ft. The' April 25, 1998 survey ,prepared by Anthony W. Lewan- dowski, L.S. shows that the subject premises is improved with a one-story frame ,house. BASIS OF APPEAL: Building Inspector's April- 7, 1998 Notice of Disapproval which reads as follows: "The "as built" garage addition, being located on a non-conforming lot under 20,000 sq. ft. in an R-40 Zone, is required to have side yard setbacks of 10 feet and cumulative of 25' feet pursuant to Article XXIV 100-244B. Building Permit #24632Z was issued for the garage addition based on a survey submitted dated June 13, 1961. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16 ft. by 26 ft. attached garage addition. The setback is proposed at 1113" from the side property line, and the cumulative total of both sides yards is proposed at approximately 2114" for both sides. 'REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because garages are a customary use in residential areas. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the fact that the applicant has already built the foundation of the garage relying on a building permit issued by the building inspector. (3) The requested area variance is not substantial, representing a reduction of approximately 22% of `the required setback from the side yard and approximately 15$ of the total side yard requirements. (for approximately 4-1/2 ft. total reduction). Page 2 - May 14, 1998 Appl. #4566 - 1000-47-2-18 (Bertetto) Southold Town Board of Appeals (4) The proposed variance willll -not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created because the applicant built the foundation relying on the building permit issued by the building inspector. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, AND HORNING. (Member Tortora abstained because she wants written reasons for action prepared'before voting.) This RESOLUTION WAS DULY ADOPT with t ion . ERARD P. GOEITRINMR, CH MAN Approved for Filing 5/18/98 AS400/txtlk/actions.all/47-2-18