HomeMy WebLinkAboutZBA-04/16/1998 PPEALS BOARD MEMBERS ��S�FFU(�`o
�O p Southold Town Hall
Gerard R Goehringer, Chairman c y�c 53095 Main Road
James Dinizio,Jr. C P.O. Box 1179
Lydia A.Tortora O Southold, New York 11971
Lora S. Collins O� ZBA Fax(516)765-9064
George Horning Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Resolution 5/14/98 M I N U T E S
REGULAR MEETING
THURSDAY, APRIL 16, 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, APRIL 16, 1998
commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr. , Member
Lydia A. Tortora, Member
George Horning, .Member
Lora S. Collins, Member
Linda Kowalski, Board Secretary
6:30 p.m. Gerard P. Goehringer, Chairman called the meeting to
order.
I. SEQRA: Applications which involve setback, lot-line
adjustments, waivers, interpretations, accessory building variance
applications - Type II Declaration for the following hearings.
II. PUBLIC HEARINGS:
6:35 p.m. Appl. 4550 - RUTH MILLER. Location of
Property: 6400 Indian Neck Road, Peconic. 1000-86-7-2.2. This
hearing was a continuation from the last Regular Meeting. (See
separate written transcript for additional comments.) After
testimony, motion was made by Chairman Goehringer, seconded by
Member Dinizio, and duly carried, to conclude (close) the hearing as
to further testimony. This RESOLUTION was DULY adopted (5-0).
6:38 - 7:00 p.m. Appl. 4539 - FRANK LICARI. Location of
Property: Lot #30, Map of Cedar Beach Park, 485 Orchard Lane,
Southold. This is a request for a Waiver under Article II, Section
100-26, based upon the Building Inspector's September 22, 1997
Not lee of Disapproval which states.: ". . .Under Article II, Section
Page 3 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
formance or increase the degree of nonconformance with regard to
the regulations pertaining to such buildings. .. ... Action is
requested for an Interpretation to confirm that a variance is not
required for the applicant's proposed reconstruction of an accessory
structure. In the alternative, a variance is requested under Section
100-242B(1), based upon the Building Inspector's November 26, 1997
Notice of Disapproval and an existing nonconforming setback
location. (Please see written transcript prepared separately.)
After testimony, motion was made by Chairman Goehringer, ,seconded
by Member Dinizio, and duly carried, to conclude (close) the hearing
as to further testimony. This RESOLUTION was DULY adopted
(5-0).
A short recess was taken for a two-minute break. The
members returned at 7:53 p.m.
7:53 p.m. Appl. 4555 - DONALD H. McALLISTER. Location of
Property: Private right-of-way off the north side of East End Road,
Fishers Island, NY; County Parcel #1000-4-4-1. This is a request
for a 'Variance based upon the Building Inspector's August 27, 1997
Notice of Disapproval, disapproving an application for a permit to
alter an existing. cottage on the following grounds: ". . .In an R-120
District, a non-conforming building with a non-conforming use shall
not be enlarged, reconstructed or structurally altered unless the use
•of such building is changed to a conforming use, Article XXIV,
Section 100-243A. . . ." (Please. . see written transcript prepared
separately.) After testimony, motion was made by Chairman
Goehringer, seconded by Member Dinizio, and duly carried, to
conclude (close) the hearing as to further testimony. This
RESOLUTION was DULY adopted (5-0).
8:03 p.m. Appl. 4558 - JOSEPH BENDOWSKI. Location of
Property: 3060 Park Avenue, Mattituck, NY; County Parcel .
#1000-123-8-19. This is a request for a Variance based upon the
Building Inspector's February 27, 1998 Notice of Disapproval,
disapproving ".. .an application for a permit to construct a rear deck
addition to an existing single-family dwelling on the following
grounds: "...under Article XXIII, Section 100-239.4B, proposed
construction at 49+- feet will be within. 75 feet of an existing
bulkhead. ... ." (Please see written transcript prepared
separately.) After testimony, motion was. made by Chairman
Goehringer, seconded by Member Dinizio, and duly carried, to
conclude (close) the hearing as to further testimony. This
RESOLUTION was DULY adopted (5-0).
8:12 p.m. Appl. 4559 - CHRISTOPHER PLIACONIS. Location of
Property: - 345 Snug Harbor Road, Greenport; 1000-35-6-7. This is
a variance request based upon the Building Inspector's January 30,
1998 Notice of. Disapproval, disapproving a building permit for a
Page 4 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
proposed accessory swimmingpool structure in the rear yard area,
for the following reasons: ". . .Under Article IIIA, Section 100-30A.3
of the Bulk and Parking Schedule in the R-40 Zone: Proposed
construction will exceed the allowable 20 0 lot coverage. the lot
area is 12,780+- sq. ft.; at 20 o the allowable area would be 2,556
square feet. Present coverage with dwelling and deck is 2,553 sq.
ft. Swimming pool, as proposed, is 568 sq. ft. , bringing total lot
coverage at 3,121 sq. ft. or approximately 24.4+- percent. . . ."
After receiving testimony, motion was made by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to RECESS the
hearing until May 14, 1998 as requested by Mr. and Mrs. Ronald
Hellman, abutting property owners who were not able to be present
at this time. This RESOLUTION was DULY adopted by all the
members (5-0).
8:33 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK.
Location of Property: 820 Fisherman's Beach Road, Cutchogue.
1000-111-1-19.1. This .is, a request for a Variance based upon the
Building Inspector's March 10, 1998 Notice of Disapproval,
disapproving: a building permit for an addition to existing dwelling
for the following reasons: ". . .1) The proposed construction being
located on a non-conforming lot of approx. 5000 sq. ft. (land above
ordinary highwater mark) in an R-40 Zone will exceed the 20%.
allowable lot coverage by approx. 700 sq. ft. Existing square
footage of 1287 with addition - 1987 sq. ft. Pursuant to Art. XXIV,
100-244B. 2) Proposed construction encroaches on the allowable
front yard set back of 35' pursuant to Art. XXIV 100-244B. . .."
East end Drafting represented the applicant. Opposing the
application were James Homan and T. Samuels, both property owners
at Fishermen's Beach. After receiving testimony, motion was made
by Chairman Goehringer, seconded by Member Collins, and duly
carried, to RECESS the hearing on May 14, 1998, pending receipt of
a map showing the amount of area subject to flooding and/or
wetlands areas. This RESOLUTION was DULY adopted (5-0).
9:27 p.m. • Appl. No. 4561 - MATTITUCK PRESBYTERIAN
CHURCH. Location of Property: 12605 Main Road, Mattituck, NY;
County Parcel #1000-141-4-32.1. Zone District: HB Hamlet
Business. This is a request for a Variance based upon the Building
Inspector's March 13, 1998 Notice of Disapproval, disapproving a
building permit application for an addition to existing church, for
the following reasons: ". . .Under Article XXIV, Section 100-243, a
non-conforming building with -a non-conforming use cannot be
enlarged, reconstructed or structurally altered. Note: the
nonconforming use pertains to the HB Zone where churches are not
permitted; the non-conforming building pertains to the existing
front yard setback to Rt. 25 which is less than the required 15
feet... ." (Please see written transcript prepared separately.)
After receiving testimony, motion was .made by Chairman Goehringer,
Page 5 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
seconded by Member Horning, _ and duly carried, to conclude (close)
the hearing. This RESOLUTION was DULY ADOPTED 5-0. The
Board Members provided 'a straw opinion to unanimously approve this
application at the April 30, 1998 Special Meeting. Mrs. Herold,
Architect, thanked the Board and said she would like to proceed in
obtaining permit(s) .from other department(s).
9:42 p.m. Appl. No. 4544 - MARTIN ROSEN, Contract Vendee.
(Owner: O. Booker & ano..). , Location of Property: 11780 Sound
Avenue, Mattituck, NY; County Parcel #1000-141-3-44. This is a
request for Variances based upon the Building Inspector's Febru-
ary 18, 1998 Notice of .Disapproval, disapproving a building permit
application to construct a tower for telecommunications use, for .the
following reasons: 1) the proposed telecommunications tower being
located on a non-conforming lot in an LI District is not permitted
according to Section 100-165B; 2) the proposed tower being the
principal use on the lot is required to have a rear yard setback of
70 feet pursuant to Art. XIV, 100-142; 3) the proposed tower is
required to be .located at least one-hundred (100) feet from the
nearest dwelling unit pursuant to Article XVI, Section
100-162C.3.. . .11 (Please see transcript of hearing prepared
separately.) After receiving testimony, motion was made by
Chairman Goehringer, seconded by Member Dinizio, and duly
carried, to RECESS the hearing until. June 11, 1998. This
RESOLUTION was DULY adopted (5-0).
10:55 p.m. Appl. No. 4562 - ROBERT KASSNER. Location of
Property: 145 Teepee Trail, Southold; 1000-87-2-32. This is a
request for a Variance based upon the Building Inspector's March
17, 1998 Notice of Disapproval, disapproving a building permit
application for a 10' x 16' shed for the following reason: proposed
accessory shed being located on a non-conforming lot in an R40 Zone
is required to be located in the rear yard, Art. IIIA, Section
100-30A.4 further referred to. Art. III, 100-33. . . .11 (Please see
written transcript prepared separately..) After receiving testimony,
motion was made by Chairman Goehringer, seconded by Member
Tortora, and duly carried, to conclude (close) the hearing. This
RESOLUTION was DULY ADOPTED (5-0).
11:02 P.M. 'Appl. No. 4540 - MELISSA SPIRO AND OTHERS.
Location of Property: 340 Glenwood Road and 295 East Road,
Cutchogue; 1000-110-6-5 and 11.2. Continuation of Hearing held
February 23, 1998. This is a Waiver request under the merger law,
Article II, Section 100-25 for 1000-110-6-5, which consists of
approx. one-half acre. (Please see written transcript prepared
separately.) After receiving testimony, motion was made by
Chairman Goehringer, seconded by Member Dinizio, and . duly
carried, to conclude (close) the hearing. This RESOLUTION was
DULY ADOPTED (5-0).
Page 6 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
11:03 p.m. Appl. No. 4563 - NANCY REEVE. Location of
Property: 2055 Camp Mineola Road, Mattituck; 1000-123-6-1. This
is a request to continue" construction in the "as built" location of a
foundation for a new single-family dwelling under Building Permit
24629Z issued 2/3/982 and Variance based upon Building Inspector's
March 17, 1998 Notice of Disapproval, which denied an _application to
construct a new single'
family dwelling for the following reasons:
Under Article XXIV, 100-244B, for nonconforming lots, the existing
foundation at 33 feet 9 inches does not meet the minimum requirement
of 40 feet for front yard setback to the right-of-way. Right-of-way
is not in use at this time. . . ." (Note: Pending building permit
#24629Z issued February 3, 1998 for a new 2-story single-family
dwelling with rear covered porch as applied for.) After receiving
testimony, motion was made by Chairman Goehringer, seconded by
Member Horning, and duly carried, to conclude (close) the hearing.
This RESOLUTION was DULY ADOPTED (5-0).
DECISION: Immediately following the close of this hearing, the
Board took Action to Approve the application as applied for.
(Please see findings of fact and decision, the original of which has
been filed with the Office of the Town Clerk within the five (5) days
required by Town Law. Copy attached.)
End of Hearings.
11:12 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. BOARD
RESOLUTION: After confirming receipt of written documentation as
of this date, motion was made by Chairman Goehringer, seconded by
Member Horning, to close and conclude the remaining written part of
the record (which was extended from a prior resolution).
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio,
Horning, Tortora, and Collins. This RESOLUTION 'was DULY
adopted (5-0).
* * *
DELIBERATIONS/DECISIONS. The following actions were taken
and the originals filed with the Town Clerk's Office within the
five-day requirement of New York Town law:
A. Losquadro and D. Tuthill. Conditional approval (attached).
Hay Harbor Club Interpretation adopted (attached).
Hay Harbor Club Special Exception Conditional Approval
(attached). Member Dinizio voted "no" and did not agree
with conditions of decision to a building permit.
Hay Harbor Club Variances. Conditional approval (attached).
Page 7 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
NEXT MEETING: The Chairman called a special Meeting to be
held at 7:.00 p.m. on Thursday, April 30, 1998 to continue with
agenda items and new business properly coming before the board at
that time. Agenda items carried over from tonight's agenda are
noted below:
III. RESOLUTIONS/MISCELLANEOUS:
A. RESOLUTION (carried over to 4/30) confirming May 14,
1998 hearings:
1. Bayview/South Harbor, L.P. Accessory building in an
area other than the required rear yard. Off Grange Road,
Southold.
2. Carryover from March 23, 1998: Riverhead Building
Supply.
3. Carryover from March 23, 1998: . T. Petikas.
Two-family use on 21,000+- sq. ft. Sound Rd. and North Rd,
Greenport.
4. Appl. No. 4565.1c - STEVEN ZUHOSKI. Addition with
Garage. Variance for side yard setback. 1090 gold Spur St.,
Cutchogue, 95-4-18.12..
5. Appl. No. 4566-jd - FRANK BERTETTO. "As built"
garage addition (pending building permit). 695 Shore Drive,
Greenport, 47-2-18.
6. (Others to be added when filed in complete form).
B. UPDATE OR RESOLUTION: BELL-NYNEX, Mattituck
project. (Await update from applicant to be submitted as per
2/4 hearing questions). (Carried over to' next agenda.)
C. UPDATES: New submissions. (Carried over to 4/30).
AGENDA ITEM IV. DELIBERATIONS/DECISIONS ON PENDING
Page 8 - Minutes
April 16, 1998 Regular Meeting
Southold Town Board of Appeals
APPLICATIONS. (Carried over to next agenda, 4/30 Meeting.)
The Chairman adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Linda Kowalski
Board Secretary
Attachments: (5 Decisions)
Approved for Filing
Resolution adopted 5/ /98
r
Page 8 - Minutes
April 16, 1998 Regular Meeting
r� Southold Town Board of Appeals
APPLICATIONS. (Carried over to next agenda, 4/30 Meeting.)
The Chairman adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Gtda Kowal� .
Board Secretary
Attac is• (5 D Sion
Approved for Filfng
Resolution adopted 5/j///98
-ZECEI ED AND FILED BY
i sz, 5��` l"N.-L�� i ' Jia C : :z
D.ATE 51/9`qe I y o r'
Town Clerk, Towli of .Ecu`i.oiu
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1
APPEALS BOARD.MEMBERS �o�pS�fFO(,�co
G Southold Town Hall
Gerard P. Goehringer, Chairman c 2< 53095 Main Road
James Dinizio,Jr. W z P.O. Box 1179
Lydia A.Tortora O . Southold, New York 11971
Lora S. Collins d O� ZBA Fax(516)765-9064
George Horning Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF APRIL 16, 1998
Appl. No. 4549 - CAROL and ANTHONY LOSQUADRO, JR. and
DONALD TUTHILL
STREET & LOCALITY: 2855 BOISSEAU AVENUE - 1000=55-5-12.1 and
3125 BOISSEAU AVENUE - 1000-55-5-12.2.
DATE OF PUBLIC HEARING: March 23, 1998
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
The properties which are the subject of this application are
separately owned by Losquadro and Tuthill and were approved on
November 9, 1981 by the Southold Town Planning Board. Each lot is
shown on the County Tax Maps as 1000-55-5-12.1 for Losquadro, and
the other as 1000-55-5-12.2 for Tuthill.
The Losquadro parcel is the site for the proposed housing of
Losquadro's horses, and a portion of the Tuthill parcel is for the
corral area. Authorization has been furnished by Mr. Tuthill
allowing the Losquadros to use the land as a horse corral with proof
of insurance coverage and renewable on an annual basis.
The Losquadro lot has frontage along Boisseau Avenue of 154.91 feet
and a lot area of approximately 40,035 sq. ft. The Tuthill (vacant)
lot has frontage along Boisseau Avenue of 163.75 feet and a lot area
of 56,568 sq. ft.
BASIS OF APPEAL: Based upon an application to erect a corral to
an existing barn, the Building Inspector has issued Notices of
Disapproval, as follows:
1) dated February 13, 1998 and which reads: ". . .horses shall
not be housed within forty (40) feet of any lot line. Article III,
Section 100-31 C(8); and
2) dated February 18, 1998, Article III, Section 100-31A2(b),
that the vacant property located in a General Business (B) district,
requires 10 acres or more for keeping of horses, �rticle III, Section
100-31A-2(b). . . ." (Also ref. Sections 100-101A-1 d 100-101C.)
REQUEST MADE BY APPLICANT: Applicants are proposing a corral
enclosure, including the existing accessory barn, for housing of two
F Y ZBA Decision Page 2 April 16, 1998
Re: 1000-55-5-12.1 and 12.2
Losquadro and Tuthill Project
or three horses as an accessory to Losquadro residence at 2855
Boisseau Avenue, Southold, _NY; Parcel 1000-55-5-12.1. A portion of
the corral/fencing will extend onto a portion of vacant property of
Donald Tuthill, known as 3125 Boisseau Avenue, Southold,
1000-55-5-12.2 for the same accessory use incidental to the
Losquadro residence.
In the reviews of this project, it is noted that the applicant is not
requesting a "horse farm" as referenced in the February 18, 1998
Notice of Disapproval of the Building Inspector.
The location of the accessory corral structure . (fence enclosure)
extends from the barn in the rear yard to the north and will extend
at variables between 60 ft. and 100 ft. from the northerly
Losquadro/Tuthill property line. The setback of the corral
structure on the Tuthill property is shown at approximately 40 ft.
from the westerly property line, and the setback of the corral
structure on the Losquadro property is less than 40 feet.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Assigned:
JD:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because the structure and use for up to three
horses are permitted accessory uses under Section 100-33(C) of the
Zoning Code.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because there is no other land area available under the ownership of
Losquadro.
(3) The requested area variance is not substantial. The barn is
30+- feet from the property line and 40 feet or more at other points.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district.
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
401,
ZBA Decision Page 3 April 16, 1998
Re: 1000-55-5-12.1 and 12.2
Losquadro and .Tuthill Project
RESOLVED, to GRANT the application as applied for and subject to
the following CONDITIONS:
1. No boarding of horses (other than the three horses owned .by
Losquadro).
2. Only the owner's three horses may be housed in thus authorized
area.
3. No stockpiling of manure or other waste products.
4. Manure or other waste must be removed twice a.* week as a
minimum.
5. If the owner of the adjoining (Tuthill) parcel withdraws
authorization of use of his property, the applicant must reduce the
number of horses from three to one with all of the same conditions
above in force.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, HORNING, AND COL his sou n
unanimously adopted (5-0).
GERARD P. GOEHR GER,—CHAIRWAN
Approved for Filing
**********************************
AS400/Txtlk/actions.all/55-5-12.2
t .
1 �OCVFFO��'CD
APPEALS BOARD MEMBERS VVVVV
hip y Southold Town Hall
Gerard P. Goehringer, Chairman c 1 53095 Main Road
James Dinizio,Jr. CIOZ P.O. Box 1179
Lydia A.Tortora O Southold,New York 11971
Lora S. Collins 'y?JD aO� ZBA Fax(516)765-9064
George Horning 1 Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FMINGS, DELIBERATIONS AND DErERvUNATR N APRIL 16, 1998
Application No.4563 John Scaramucci A/C Nancy Reeve Parcel 1000-123-6-1
Street&Locality: 2055 Camp Mineola Rd.,Mattituck.
Date Of Public Hearing: April 16,1998
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
The above-identified property is located on the easterly side of Camp Mineola Rd.
approximately 187 feet.north of Alois Lane in the hamlet of Mattutuck.This property
contains 28,164 sq.ft.is 96+-feet running north to south,between 288.54 ft and 300 ft
running east to west,and is located in the R-40 Zone District.The survey map submitted
under this application shows that the subject premises is improved with a one story barn
measuring approximately,20 ft north to south and 60 ft.4 in.west to east located 16.9 ft
off the southern property line and a concrete foundation,which is the subject of this
application,measuring 28 ft by 28 ft,setback 60 ft from the front property line,33.5 feet
from the southerly line,and 33.9 feet from the northerly property line.
RA4IS OF APPEAL.:Building Inspector's Action of Disapproval dated March 17,1998
which reads as follows:
"Under Article XXIV,Section 100-244B,for non-conforming lots,the existing
foundation at 33 feet 9 inches,does not meet the minimum requirement of
40 feet for front yard setback to the right of way."
ARIP s VARIANCE 9RL IFF RFO1 IF4 D BYAPPLICANT: A setback variance from
the required 40 feet to 13 feet 9 inches from the right of way running east to west along
the entire length of the northern portion of the subject property.The requested setback is
shown on a survey dated March 13,1998,prepared by Peconic Surveyors P.C.to be
13 feet 9 inches south of the right of way.The"as built"concrete foundation is located 33
feet 9 inches from the northerly property line and 13 feet 9 inches from the south side of
the 20 foot right of way,according the survey.
REA S 3N4 FOR THE BOARDS ACTLON,DF4(`RIRND
An undesirable change will not be produced in the character of the neighborhood or a
detriment to nearby properties,if granted because the most of the lots in the surrounding
area are similar in size and shape.
The benefit sought by the applicant CANNOT be achieved by some method,feasible for
the applicant to pursue,other than an area variance because:The foundation is already
installed and to remove it at this time would be costly the applicant.
The amount of relief requested is substantial constituting a 67.5%variance from the
required 40 ft setback.
Page 2 -April 16 1998
Appl. 4563 cont.: John Scaramucci A/C Nancy Reeve 1000-123-6-1
The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because many houses in the area
have similar setbacks
The difficulty has not been self-created because the applicant built the foundation
while relying on building permit#24629X issued on February 3, 1998. The file indicates
that the applicant submitted all the necessary documents required for the issuance of the
permit including a recent survey clearly showing the right of way. The issuance of the
permit was werror on the building inspectorspart and was not caused by any action the
applicant had control over.
RESOLUTION/ACTION: On motion,by member Dinizio, seconded by Member
Goehringer, it was
RESOLVED, to GRANT the variance as applied for.
VOTE OF THE BOARD: AYES: MEMBERS GOEBRINGER, DINIZIO,TORTORA,
COLLINS and HORNING, This resolution was duly a (5-0).
GE P. GOEHRINGER, C
Approved for Filing
APPEALS BOARD MEMBERS o�QS%SFFU(,��0
Southold Town Hall
Gerard P. Goehringer, Chairman c Gy1 53095 Main Road.
James Dinizio,Jr. COD Me Southold,
Box 1179
Southold,New York 11971
Lydia A.Tortora •
Lora S. Collins 9 O� ZBA Fax(516)765-9064
George Horning Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTERPRETATION -
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING DATE: April 16, 1998
Appl. No. 4514—Interpretation
APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1
STREET AND LOCALITY: Oriental Avenue, Fishers Island, NY
DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11,
1997; January 15, 1998; February 26, 1998.
An Interpretation of the Code of the Town of Southold, Section 100-31C-
Accessory Uses, that the two existing employee apartments in the Golf Club-House
Building are a permissible accessory use to the Hay Harbor club and its facilities; and
that the four proposed new bedrooms, to be occupied by senior employees on a seasonal
basis, are accessory residential uses customary to the operation of Golf Club facilities.
WHEREAS, after due notice public hearings were held by the Board of Appeals
on the dates noted above to consider this application; and
WHEREAS, the following sections of the Code are pertinent to this request:
1. Section 100-31C of the Zoning Code states:
Accessory uses, limited to the following uses and subject to conditions listed in
100-33 herein... (1) any customary structures or uses which are customarily
incidental to the principal use, except those prohibited by this chapter.
2. 100-13. Definitions of the Zoning Code states:
Interpretation Page 2 of 3
- Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
WORD USAGE.... the term"occupied" or"used," as applied to any building,
shall be construed as though followed by the words"or intended, arranged or
designed to be occupied or used"
ACCESSORY USE - A use customarily incidental and subordinate to the main
use of the lot, whether such"accessory use" is conducted in a principal or
accessory building.
PRINCIPAL USE—The main or primary purpose or purposes for which land
and/or structure(s) is designed, arranged, used or.intended to be used or for which
such land and/or structure(s) may be occupied or maintained under this chapter.
MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT - a not-
for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation
Law of the State of New York, established for the principal purpose of engaging
in outdoor sports, such as golf, tennis, swimming, fishing, hunting to similar
activities but not including any form of aviation, outdoor trap, skeet or target
shooting or motorboat racing. The activities of such club shall be limited to its
members and its guests and shall not be extended to the general public.
WHEREAS, the following findings of fact have been made based upon
information, evidence and testimony offered to the Board.
1. The Hay Harbor club is a'not-for-profit corporation with approximately 410
members who are entitled to use all of the programs, services,and facilities
offered at its two locations: the Golf Club-House Building, and the Main
Building approximately a mile away.
2. There are two apartments in the Golf Club-House that have been occupied on
a seasonal basis by either the golf pro, tennis pro, cook and their families as
well as other employees of the Hay Harbor Club for at least 22 years. The
proposed four new bedrooms would not contain cooking facilities, and would
be occupied by senior staff employees of the Hay Harbor Club on a seasonal,
basis from May 30`h until September 1'`.
3. The use of the apartment would be for the sole purpose of housing senior
employees that provide direct services to the membership, i.e. golf pro, tennis
pro, sailing master, cook, manager, etc., and to the Hay Harbor Club.
4. The applicant has submitted an affidavit from Joseph Pfaff, a private golf club
manager, who is a member of the Club Managers Association of America. He
stated that"...because of the seasonal nature of the positions..." accessory staff
housing is "...common in the industry and offered as an inducement to attract
senior level staff...."
` Interpretation Page3 of.3
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in
the context of the Hay Harbor application,,and specific circumstances and
conditions enumerated herein, that:
The seasonal on-site housing of senior employees of the Hay Harbor Club, not to
exceed two apartments and four single-occupancy rooms without cooking
facilities contained within the private golf Club-House Buildng are
INTERPRETED to be Accessory Uses as provided for in Section 100-31C of the
Code of the Town of Southold, and because of the unique circumstances of the
Hay Harbor Club, that this Interpretation shall apply to the Hay Harbor
Application only.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, HORNING, and COLLINS. This Resolution was DULY
ADOPTED BY UNANIMOUS VOTE (5-0).
Approved 4/19/98 for Filing
Gerard P. Goehringer, Chairman
r `
f A. ! t
¢a� .
SUPREME COURT, SUFFOLK COUNTY
STATE OF NEW YORK
--------------------------- -------------------------
Hay Harbor Club, Inc.,
Petitioners, RECEIVED
For a Judgement pursuant to Article 78 of the CPLR MAY 998
outhold Town C erk
-against-
cd.i'..Town Board
Gerard P. Goehringer, Chairman, James Dinizio,Jr., Lydia A. Tortora, Town Attorney
Lora S. Collins, and George Horning constituting the ZONING BOARD OF J .BACushman
APPEALS OF THE TOWN OF SOUTHOLD, Chief of Police
Supt. Highways
Respondents. Wm�F IMullen,Jr.
NOTICE OF PETITION AND PETITION
PATRICIA C. MOORE
Attorney for Petitioner
51020 Main Road
Southold,NY 11971
(516) 765-4330
r t
SUPREME COURT, SUFFOLK COUNTY
" STATE OF NEW YORK
------------------------------------X
Hay Harbor Club, Inc. ,
INDEX # .
Petitioners,
For a Judgement pursuant to Article 78 of
the CPLR
NOTICE OF PETITION
-against-
Gerard P. Goehringer, Chairman, RECEIVED
James Dinizio, Jr. , Lydia A. Tortora,
Lora S. Collins, .and George Horning
constituting the ZONING BOARD OF MAY 19 199
APPEALS OF THE TOWN OF SOUTHOLD,
So ol�o Clerk
Respondents.
----------------------------- -------X
SIRS:
PLEASE TAKE NOTICE that, upon the annexed Petition, duly
verified the 18th day of May, 1998, the undersigned will move
this Court, at IAS Part II, to be held in and for the County of
Suffolk, at the Supreme Court, Griffing Avenue, Riverhead, New
York, or at such other place as the assigned Justice shall
designate, on the 30th day of June, 1998 at 9:30 o'clock in the
forenoon of that day, or as soon thereafter. as counsel may be
heard, for a judgment, pursuant to Article 78 of the Civil
Practice Law and Rules, nullifying a condition imposed and made a
part of a special exception and variance decisions rendered by
the Respondent, and for such other and further relief which the
Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that a verified answer and
APPEALS BOARD MEMBERS O�QS�F�OI�c�
� Southold Town Hall
Gerard P. Goehringer, Chairman o Gy1 53095 Main Road
170
James Dinizio,Jr. ti P.O. Box fork
�''' Southold,New York 11971
_ Lydia A.Tortora •
Lora S. Collins 'y�lj� a0� ZBA Fax(516)765-9064
George Horning l Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Special Exception
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING DATE: April 16, 1998
• Appl. 4503-SE Hay Harbor Club, Inc. PARCEL:1000-9-12-8.1
STREET &LOCALITY: Oriental Avenue, Fishers Island,NY.
DATE OF PUBLIC HEARINGS: September 11, 1997; October 23, 1997; December 11,
1997; January 15, 1998; February 26, 1998.
REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting a
Special Exception as provided by Article III, Section 100-31B(7) of the Code of the Town
of Southold, for approval of use as a non-profit golf club related to the existing golf
course activities. Applicant has expressed interest in demolishing the existing Golf Club-
House use and continuing the same use in a new, reconstructed Golf Club-House building,
further described below.
II. EXISTING PROPERTY FACTS/DESCRIPTION:
This property is located in an R-120 Zone District, being situate on-the southerly side of
Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of
approximately 44.5 acres as shown on the County Tax Map and Town Assessment
Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler,
Palmer&King and site plan map dated July 1997 indicates the property is 37.3 acres.
The subject premises is improved with an existing nine-hole golf course, one of the oldest
golf courses in the Country, and a Golf Club-House building, which is used seasonally.
• . The club is non-profit.
Special Exception Page 2 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting'4/16/98
The Golf Club-House building was constructed in 1929 in a small'triangular section at the
northwest corner of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue
and is tucked into a steeply sloping, wooded hill with adjacent homes elevated at
approximately 30 feet above grade. The remaining part of the property consists of the
nine-hole golf course, with the exception of the south side which is wetlands that extends
to the Sound. The area is primarily residential in nature.
The total floor area of the Golf Club-House building contains 5012 sq. ft. of which 2812
sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The
entire 5012 sq. ft. principal building has been utilized for activities related exclusively to
the non-profit membership golf club and its staff and employees at this site.
The existing setbacks of the building have been confirmed by surveyor's letter dated
February 24, 1998 at distances of one foot from the front property line and 32 feet from
the closest northerly side property line.
A 50 ft. by 20 ft. .on-site parking area is proposed as shown on the February 24, 1998
surveyor's map along the front yard area. Applicant plans to continue to use the present
off-site parking areas upon and along private land owned by Husband across the street,
and on other property near Fox Avenue about a mile away. At this time applicant
confirms there is no plan to obtain a written lease or other agreement for off-site accessory
parking on Husband's property or on property within 300 feet of the Golf Club-House
building.
III. CODE PROVISION/BASIS OF APPLICATIONS:
Chapter 100, "Zoning" under Article III, Section 100-31B(7), reads as follows:
"Uses permitted by Special Exception" upon receiving approval from the Board of
Appeals for the following:
Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual
membership clubs catering exclusively to members and their guests and accessory
playgrounds, beaches, swimming pools, tennis courts, recreational buildings and
maintenance buildings, subject to the following requirements:
(a) No building or part thereof or any parking or loading area shall be located
within one hundred (100) feet of any street line or within fifty(50) feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not exceed
twenty percent(20%) of the area of the lot.
(c) Such use shall not be conducted for profit as a business enterprise.
Special Exception Page. 3 of 10
Re: 1000-9-12-8.1 .(Hay Harbor)
ZBA Meeting 4/16/98
(d) No such use shall occupy a lot with an area of less than three (3) acres.
Section 100-12 (Definitions) of the Zoning Code provides:
MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT.
A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit
Corporation Law of the State of New York, established for the principal purpose of
engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar
activities but not including.any form of aviation, outdoor trap, skeet or target shooting or
motorboat racing. The activities of such a club- shall be limited to its members and its
guests and shall not be extended to the general public.
Applicant has confirmed the following with regard to the mandates of Section 100-
31B(7), subsections (a) through(d):
1. The total area covered by principal and accessory buildings total less than 20% of
the 37.3 acres.
2. The principal use requested herein will continue, once the building is reconstructed
and issued a new Certificate of Occupancy, as a nonprofit golf club facility and
shall not be conducted for profit as a business enterprise. The existing nine-hole
golf course would remain"as is."
3. The size of the land upon which this use will occupy is 37.3 acres (as a minimum).
4. The setback of the new, reconstructed principal building is shown on the maps
submitted by applicant to be three feet from the front property line and 23 feet
from the nearest side property line.
5. The parking area is shown to be less than 100 feet from the property lines, and in
fact is shown to be along the front property line at the side yard area to one corner
of the building.
6. The loading area is shown to be less than 100 feet in the same location as the on-
site parking area near the street.
IV. FINDINGS OF FACT:
The Board held public hearings on September 11, 1997; October 23, 1997; December 11,
1997; January 15, 1998 and February 26, 1998, at which time all those desiring to be
heard were heard; and
Special Exception Page 4 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
The Board has considered all testimony, documentation, evidence submitted by the
applicant and a majority of the Board Members have personally viewed and are familiar
with the premises in question, its present zoning and the surrounding area; and
On the basis of all testimony and documentary evidence received and on file, the Board
finds and determines as follows:
Applicant is proposing a new reconstructed Golf Club-House building with an overall
footprint of 56 ft.by 56 ft. or 3136 sq. ft. The architect for the applicant has confirmed an
overall building increase of 1130 square feet, although the actual footprint area is being
increased by approximately 300 sq. ft. The proposed plan shows replacement of the
existing club-house within most of the same existing footprint area, except areas noted
below:
a) the front yard setback will be modified from-one foot to three feet, and the side yard
from 32 feet to 23 feet.
b) the proposed square footage of the entire building area, without basement area, is
shown proposed at 6272 sq. ft. (3 13 6 sq. ft. for each the first including proposed 616 sq.
ft. covered porch area and 616 sq. ft. covered porch).
c) three-thousand one-hundred thirty-six (3,136) square feet for each of the two proposed
floor areas. The areas of the Golf Club-House proposed for seasonal housing in two.
apartment areas and four bedroom areas will be used only for employee and staff persons
of this golf facility.
- d) the setbacks of the new 56' x 56' building are confirmed by surveyor's letter dated
February 24, 1998 and site plan dated February 24, 1998 prepared by Chandler, Palmer &
King, proposed at three feet from the front property line, and at 23 feet from the side
property line, at its closest points.
e) based on observations made by members of the Board, the existing structure does not
have central heating or air conditioning, relying only upon space heaters and no air
conditioning. Applicant indicates that the new structure will have central heat and air.
f) the existing structure has a limited capacity to be used for parties and gatherings, due to
its dilapidated condition. The new structure will be far more safe and attractive than the
existing structure. There is indication in the file of correspondence from the club to its
members which_proposes to increase the use of the new structure for purposes of parties
and gatherings.
The Building Department by its Director of Code Enforcement has calculated a
requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for
both the Golf Club-House facility and the Main Building approximately a mile away.
Special Exception Page 5 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
Applicant has not provided adequate on-site (or off_site parking areas), and the Board has
requested a written lease or other authorization from the landowner (presently the
Husband Family) for off-site parking upon the Husband lot and upon other property near
Fox Avenue about a mile away. During the hearing, the Board has asked for adequate
parking plan for the safety, health, and welfare of the community at large. Applicant has
not offered any legal agreements or legal documents for additional parking, or intent to
acquire long-term authorization for an additional 21 parking spaces in the area. Applicant
asserts that the parking has not been refused for the past 20 years on private land presently
of Husband, and therefore the applicant does not feel an agreement for permanent parking
is necessary. There has been testimony but no record of a written offer with intent to
purchase or other intent .by the applicant. to acquire rights to additional land for club
parking.
The Zoning Board finds that the use, subject to the limitations of its current structure as
to comfort (heat/air), attractiveness and safety, does not have significant impacts on the
neighborhood parking, even if relying on use of the volunteered lot of an adjacent
neighbor. However, the Zoning Board foresees that the use operated out of a new building
has significant potential for imposing parking problems on a residential neighborhood. The
presence of heat and air conditioning will expand the months iri which the, structure can be
comfortably used. The improvement in appearance, comfort and safety in the new
structure, as well as the addition of several more accessory living units, has the strong
potential for increasing the number of users and vehicles at the facility. Finally, the ability
of the club to continue using the neighbor's parking spaces has not been established,
despite repeated requests by the Zoning Board.
The applicant has not as of today filed a. complete site plan for reviews as to parking,
landscaping buffers, and other site elements, which are under the jurisdiction of the
Planning Board, and has not submitted an additional parking plan which is required to be
adequate and safe, and therefore this project does not meet the requirements of Section
100-191H. Additional parking is required by code and the new proposed 1,000 sq. ft. on-
site parking area is the only permanent parking plan offered.
The club membership for both this Golf Club-House building and the Main Building is
presently 410 and has been capped at a maximum of 440 members.
There are two golf club staff employees housed at this facility. The Applicants .have
offered use of its other site at the"Main Building"located within a mile of this facility/site
for parking, and transportation of employees between the two sites.
The subject Golf Club-house building as exists is in a deteriorated state, has suffered from
flooding problems due to leaks, and does not conform to the current New York State Fire
Prevention and Building Code or to the handicap Accessibility Codes.
Special Exception Page 6 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
Based upon these findings, the Zoning Board makes the following specific findings
pursuant to Sections 100-263 and 100-264:
1) This use as requested is reasonable in relation to the District in which it is located,
adjacent use districts, and nearby and adjacent uses because of its existence since the early
1900's in an area of homes which have existed for many years.
2) The Special Exception use will not prevent the orderly and reasonable use of adjacent
properties except for potential parking difficulties, which are addressed by special
condition to this approval. Additional parking is required by Code and the new 1,000 sq.
ft. on-site parking.area is the only permanent parking plan offered by applicant. Parcel
exists as open space with improvement as a club-house which is the nature of this
application;
3) This use will not prevent orderly and reasonable uses which may be proposed or
existing in adjacent use districts since'the golf club has existed as a private, non-profit
club with approximately 420 members for many years; applicant indicates that this
project is not an increase in its present operations or activities, and that the same uses
which existed in the present building since about 1929 will remain. Parking is the
single area in which this use may create disorder in a primarily residential
neighborhood, since the use is required by Code to have 213 spaces and only has 23
spaces available. The reduction in the number of spaces might be acceptable, but is
further exacerbated by the fact that they are off site, and are located on property on
which applicant has no clear right to use for parking. If the'landowner's approval
were withdrawn for any reason, almost all club member parking would have to be on
the road. This would clog,the residential streets and create safety problems for both
club members and the neighborhood. For that reason, a special condition has been
placed on this approval to ensure compatibility of the parking needs of this use with
the neighborhood.
4) The applicant has testified there will be no increase in its present
operations or club activities that have existed since about 1929. Therefore the
safety, health, welfare, comfort, convenience, order of the town should not be
adversely affected by the size and .reconstruction efforts in this project as
presented, but there is a potential for a newly rebuilt clubhouse to increase
parking needs; which must be addressed pursuant to a special condition of this
approval.
5) It was decided by the enactment of this Code in,January 1989, and subsequent
amendments thereto, that this type of use is authorized after appropriate reviews.
6) Under Section 100-263 the Board also finds and determines:
J ,
Special. Exception Page 7 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
A. The use has existed and has not prevented the orderly and reasonable
use of adjacent.properties or of properties in adjacent use districts.
B. The use will not prevent the orderly and reasonable use of permitted or
legally established uses in this district, or of permitted or legally established uses in
adjacent use districts.
C. The safety, the health, the welfare, the comfort, the convenience or the
Order of the town will not be adversely affected by the golf-club use and its location,
which use and location have existed for many years except as provided in (4) above.
7) The use is in harmony with and promotes the general purposes and intent of this
chapter.
8) The use is compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly with regard to visibility, scale
and overall appearance.
9) All proposed structures, equipment and material will be readily accessible for fire
and police protection.
7) Section 100-264: .After considering.all testimony and documentation furnished at the
public hearings held September 11, 1997, October 23, 1997, December 11, 1997, January
15, 1998 and February 26, 1998, and after having personally viewed the premises in
question, having knowledge of the property's zoning, status, and knowledge of the
character and uses in the surrounding areas, the Board also determines following as
regards the proposed use:
A. That the long standing existence of the use establishes that the character of the
use is compatible with the district.
B. That it will not hinder the conservation of property values and the
encouragement of the most appropriate uses of land.
C. That additional areas for parking are required as part of this approval, in
addition to the on-site parking offered by applicant in this reconstruction project.
Presently there is only ,a handicapped parking space available on-site and temporary
parking area on a separate privately-owned parcel (Husband Family lot) in the vicinity.
The location of additional parking area and modified entrances and exits as per fire and
safety codes, will provide better public safety.
D. That there is availability of adequate and proper public or private water supply
and facilities for the treatment, removal or discharge of sewage, refuse or other effluent
Special Exception Page 8 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
(whether liquid, solid, gaseous or otherwise) that May be caused or created by or as a
result of the use.
E. That the use or the materials incidental thereto or produced thereby will not
give off obnoxious gases, odors, smoke or soot.
F. That the use will not cause disturbing emissions of electrical discharges, dust,
light, vibration or noise.,
G. That the continuing operations in pursuance of the present uses will not cause
undue interference with the orderly enjoyment by the public of parking or of recreational
facilities, if the parking conditions are complied with under this special exception.
H. That the necessity for bituminous-surfaced space-for purposes of.off-street
parking of vehicles incidental to the use is not adequate and appropriate, and this Board
determines that the applicant can seek additional areas for"adequate parking, by written
agreement, ownership, or other methods, for parking near or adjacent to this club
property, and this determination has been conditioned upon meeting this provision of the
Code.
I. That safety hazards to life, limb or property will be reduced with the proposed
reconstruction and full compliance with the current Building Fire Codes of the State of
New York, and fire, flood, erosion or panic would not be created by reason of or as, a
result of the use.or by the structures to be used therefore or by the inaccessibility of.the
property or structures thereon for the convenient entry and operation of fire and other
emergency apparatus or by the undue concentration or assemblage of persons upon such
plot.
J. That the use or -the structures to be used therefore will not cause an
overcrowding of land or undue concentration of population if there is compliance of this
Board's Conditions for additional parking, as required under Section 100-191H of the
Code.
K. That the plot area is sufficient, appropriate and adequate for the use and the
reasonably anticipated operation, however, the plot area for any future expansion thereof
is not adequate and appropriate due to setback nonconformities of the building and
parking areas proposed by applicant..
L. That the golf club-house use is not unreasonably near to a church, school,
theater, recreational area or other place of public assembly.
M. That the site of the proposed use is particularly suitable for such use because
the same use and overall footprint, with the exception of approximately 300 sq. ft., has
existed since about 1929.
Special Exception Page 9 of 10
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
N. That adequate buffer yards and screening will be provided to protect adjacent
properties and land uses from possible detrimental impacts of the proposed use, as
determined by authority of the Planning Board under the site plan approval procedures of
the Code.
O. That adequate provisions have been made will continue to be made for the
collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or
gaseous waste which the proposed use may generate, and also as determined by authority
of the Planning Board under the site plan approval procedures of the Code.
P. That the natural characteristics of the site are such that the use has existed there
without undue disturbance or disruption of important natural features, systems or
processes and without risk of pollution to groundwater and surface waters on and off the
site.
With respect to Sections 100-31 B(7), subsections (a) through (d), the Zoning
Board grants a variance as provided for in a separate resolution, and makes the
following determinations:
• The total lot area covered by principal and accessory buildings is less than 20% of
total acreage.
• The principal use requested herein will continue, once the building is reconstructed and
issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be
conducted for profit as a business enterprise. The existing nine-hole golf course will
continue and remain unchanged ("as is").
• The size of the land upon which this use will occupy will be at least 37.3 acres.
• The setback of the new, reconstructed principal building is shown on the maps
submitted by applicant to be three feet from the street, front property line.
• The parking area is shown to be less than 100 feet from the property lines, and in fact
is shown to be along the front property line and within a side yard area of the subject
premises.
• The loading area, when used, will also be less than 100 feet from.the street.
VI. RESOLUTION/SPECIAL EXCEPTION:
On motion by Member Horning, seconded by Member Collins, it was
Special Exception Page 10 of 10 _
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting 4/16/98
RESOLVED, to GRANT the Special Exception requested under Appl.. No. 4503
SUBJECT TO THE FOLLOWING CONDITIONS:
1) The ,golf club use may continue in the existing structure with no change in the parking
arrangements. As a prerequisite to the issuance of any building permit for reconstruction
of the Golf Club-House, the Hay Harbor Club shall establish at least twenty one (21)
permanent parking spaces on Hay Harbor Club property at the Golf Club-House location,
such spaces to be situated in accordance with the ruling of the Planning Board in the
normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement
by entering into a lease or leases with one or more private property owners, with a term of
at least ten .(10) years, giving Hay Harbor Club the use of at least twenty (21) parking
spaces within convenient walking distance of the Golf Club-House.
2) The use is subject to site plan review and approval by the Southold Planning Board.
VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Horning, and Collins.
NAY: Member Dinizio (objected to condition regarding additional parking).
THIS RESOLUTION WAS DULY ADOPTE -
Gerard P. Goehringer, Chairman_
Approved for Filing
APPEALS BOARD MEMBERS �,; $11FF0[,�co
�O p Southold Town Hall
Gerard P. Goehringer, Chairman o y1 53095 Main Road
James Dinizio,Jr. * P.O. Box 1179
Lydia A.Tortora O Southold,New York 11971
Lora S. Collins y O� ZBA Fax(516)765-9064
George Horning Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
i
VARIANCE
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF APRIL 16, 1998
Application No. 4514 for Variances
APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1
STREET&LOCALITY: Oriental Avenue, Fishers Island, NY.
DATE OF PUBLIC HEARING: September 11, 1-997; October 23, 1997; December. 11,
1997; January 15, 1998; February 26, 1998.
I. REQUESTS MADE BY APPLICANT:, Applicant, Hay Harbor
Club, Inc. is requesting the following:
Area Variances to Article III, Section 100-31B(7) of the Code of the Town of Southold,
for:_
1) Permission to. DEMOLISH a preexisting golf clubhouse with a non-
conforming front yard setback presently at one foot and nonconforming side yard setback
at 32 feet, and to RECONSTRUCT the building with a front yard depth of three feet,
instead of the required 100 feet, and with a side yard depth of 23 feet instead of the
required 50 feet; and
2) Permission to EXPAND an existing two vehicle on-site parking area in order to
add one handicap space with ramp; and to CREATE a parking area 45 feet long by 20 ft.
wide in the front yard/side yard parallel to the street line instead of the code requirement
of 100 feet from a street line or 50 feet from a lot line; and
Variance Determination 2
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
B. Interpretation and/or Area Variance under Article XXIV, Section 1007243 and
Article III,,Section 100-31 C, that-the two existing employee apartments in the golf club-
house are a permissible accessory use to the Hay Harbor Club and its facilities;, and that
the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis,
are accessory residential uses customary to the operations of golf club facilities. This
request will be addressed in a separate decision.
II. EXISTING PROPERTY FACTS/DESCRIPTION:
This property is located in an R-120 Zone District, being situate on the southerly side of
Heathulie Avenue, Fishers Island: The entire parcel consists of a total .lot area of
approximately 44.5 acres as' shown on the County Tax Map and Town Assessment
Records; however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler,
Palmer&King and site plan map dated July 1997 indicates the property is 37.3 acres.
The subject premises is improved with an existing nine-hole golf course, as one of the
oldest golf courses in the Country. Also at the premises is a non-profit Golf Club-House
building, which is used seasonally.
The Golf Club-House was constructed in 1929 in a small triangular, section at the,
northwest corner of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue
and is tucked into a steeply, sloping, wooded hill with adjacent homes elevated
approximately 30 feet above grade. The remaining part of the property consists of-the _
nine-hole golf course, with the exception of the south side which is wetlands that extends
to the Sound. .The area is primarily residential in nature.
The total floor area of the Golf Club-House building contains 5012 sq. ft. of which 2812
sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft:.area. The
entire 5012 sq. ft. principal building has been utilized for activities related exclusively to
the non-profit membership golf club and its staff and employees at this site.
The existing setbacks of the building have been confirmed by surveyor's letter' dated.
February 24, 1998 at distances of one foot from the front property line and 32 feet from
the closest northerly side property line. Also, an improved area exists for two vehicles in
the front yard/side yard parallel to the street line.
III. CODE PROVISION/BASIS OF APPLICATIONS:
Chapter 100, "Zoning" under Article III, Section 100-31B(7), which reads as follows:
Variance Determination 3
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
"Uses permitted by Special Exception" upon receiving approval from the Board of
Appeals for the following:
Beach clubs, tennis clubs, country clubs, golf clubs,.public golf courses and annual
membership clubs catering exclusively to members and their guests and accessory
playgrounds, beaches, swimming pools, tennis courts, recreational buildings and
maintenance buildings, subject to the following requirements:
(a) No building or part thereof or any parking or loading area shall be located
within one hundred (100) feet of any street line or within fifty(50) feet of any lot line.
(b) The total area covered by. principal and accessory buildings shall not exceed
twenty percent (20%) of the area of the lot.
(c) Such use shall not be conducted for profit as a business enterprise.
(d) No such use shall occupy a lot with an area of less than three (3) acres.
Section 100-12 (Definitions) of the Zoning Code provides:
MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT.
A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit
Corporation Law of the State of New York, established for the principal purpose of
engaging in outdoor ,sports, such as golf, tennis, swimming, fishing, hunting or similar
activities but not including any form of aviation; outdoor trap, skeet or target shooting or
motorboat racing. The activities of such a club shall be limited to its members and its
guests and shall not be extended to the general public.
Article III, Section 100-31C provides as follows: "...Accessory uses, limited to the
following uses and subject to the conditions listed at 100-33 herein: ...(1) any customary
structures or uses which are customarily incidental to the principal use, except those
prohibited by this chapter...."
IV. FINDINGS OF FACT: .
The Zoning Board held a public hearing on this matter on September 11, 1997; October
23, 1997; December 11, 1997; January 15, 1998; February 26, 1998 at which time written
and oral evidence was presented. Based on all testimony, documentation, personal
observations of members of the Board and other relevant evidence, the Zoning Board
finds the following facts to be true and relevant:
Variance Determination , 4
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
1 . Applicant proposes a new reconstructed Golf Club-House building with a 56 ft. by
56 ft. footprint that closely overlaps the existing 51 ft. by 56 ft. footprint. The proposed
plan shows replacement of the existing Golf Club-House within most of the same
(existing) footprint area with the following modifications noted:
a. The proposed building would contain a total floor area of 6272 sq. ft. the existing
building contains a total floor area of 5012 sq. ft. The applicant's architect has
verified that the total floor area would be increased by 1130 square feet.
b. The proposed building would be slightly shifted and straightened to provide a
three foot front yard setback instead of the existing one foot setback; and the side
yard setback would be decreased from 32 feet to 23.feet, at its closest points, all
in accordance with the site plan dated February 24, 1998, prepared by Chandler,
Palmer&King, and confirmed by surveyor's letter dated February 24, 1998.
c. The proposed 56 ft. by 56 ft. building would square off an approximate 8 ft. by 10
ft. (80 square ft.) bite,in the north corner of the existing building, and a graded 3
f ft. to 4 ft. by 56 ft. strip (200 sq. ft. max.) would be added to the north side of the
building.
d. The total increase in footprint is approximately 300 square feet.
e. The square footage for each of the two proposed floor areas is approximately
three-thousand one-hundred thirty-six(3,136) square feet.
2. The club membership for both this Golf Club-House building, and the Main Building
approximately a mile away, is presently 410 and has been capped at 440 members.
3. The Golf Club-House building is in a,deteriorated state. It has suffered from flooding
problems, leaks, inadequate and/or unsafe wiring, inadequate fire escapes, .and the
foundation has been described as"unstable and at risk." The building does not conform to
the New York-State Fire Prevention and.Building Code or to the Handicap Accessibility
Codes.
4. Applicant's architect has testified that the 300 sq. ft. increase in the footprint is
required to conform to provisions of the Federal Handicap Access statute and to the New
York State Fire and.Building Codes. It is a de minims change that does not increase the
degree of nonconformity.
5. The use of the Golf Club-House will.not be intensified. The two,existing apartments
Variance Determination 5
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
have been .occupied on a seasonal basis by either the golf pro, cook and their families as
well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and
probably longer. The proposed four new bedrooms will not-contain cooking facilities, and
are for single occupancy use by senior staff only, on a,seasonal basis from May-30`h to
September I".. Two of the,three on-site parking spaces will be specifically designated for
the two apartments.
6. The applicant has offered to accept conditions that the four employees will park their
vehicles at the Main Club Building approximately a,mile away, during the daily operations
of the subject Golf Club-House building; that the four bedrooms and two apartments will
only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy;
that the apartments and bedrooms will not be rented; that no occupancy will occur from
October I"to May 30th.
The Building Department by its Director of Code Enforcement has calculated a
requirement of'213 parking spaces based upon Section 100-191 of the Zoning Code for
this project. Applicant has not provided adequate on-site (or off-site parking areas), and
the Board has requested a written lease or other authorization from the landowner
(presently the Husband Family) for off-site parking.upon the Husband lot and upon other
property near Fox Avenue about a mile away. During this. process, the Board has asked
for adequate parking plan for the safety, health, and welfare of the' community at large.
Applicant has not offered an any legal agreements or legal documents for additional
parking, or intent to acquire long-term authorization for an additional 21 parking spaces in
the area. Applicant asserts that the parking has not been refused for the past 20 years on
private land presently of Husband, and therefore the applicants do not feel an agreement
for permanent parking is necessary. There has been no record of applicant's ability to
provide additional land for club parking.
The applicant has not as of today filed a complete site plan for reviews as to parking,
landscaping buffers, and other .site elements, which are under the jurisdiction of the
Planning Board, and has not submitted an additional parking plan which is required to be
adequate and safe, and therefore this project does not meet the requirements of Section
100-191H. Since additional parking is required by code and the new 1,000 sq. ft. on-site
parking area is the only permanent parking plan offered by applicant, this Board is
requiring compliance with conditions incorporated into this determination (before issuance
of a building permit for a new building).
Because of the'similarity in variances requested for the existing setbacks and the setbacks
for the proposed alterations, the findings for these variances have been combined into a
single set.
Variance Determination 6
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
.IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN
LAW SECTION 267-b-3 `AREA VARIANCES,' THE BOARD OF APPEALS HAS
CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE
GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH,
SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY
SUCH GRANT, THE BOARD HAS CONSIDERED THE FOLLOWING FACTORS
AND DETERMINES THAT:
1. Grant of the area variances for the Golf Club-House building will not produce
an undesirable change in the character of the neighborhood or a detriment to nearby
properties. The"Golf Club-House" building has existed in its present location for 71 years
in harmony with the residential character of the neighborhood. The proposed 56 ft. by 56
ft. new building will be retain the architectural style of the Fisher Island "Hay Harbor
cottage design", and will be similar in size and design to many homes on the Island. The
proposed new"Golf Club-House" building will be an improvement to the community, and
its safety, because it would replace a deteriorated structure that does not meet Federal
and State building codes.
2. The benefit sought by the applicant cannot be achieved by some method feasible for
the applicant to pursue, other than area variances. The Golf Club-House was constructed
in 1929 in a small northwest corner section of the property, directly adjacent to the nine-
hole golf course that was established in 1880. It is bounded on the south by the putting
green, to the east by the first tee, to the west by Heathulie Avenue, to the north and
northeast was by a steep hill. The remainder of the property consists of the golf course and
wetlands.
If the proposed new building were to be relocated to comply with the code's setback
requirement, it'would necessitate the loss of the putting green, which applicants have
testified would cost $2.00,000 to replace. However, there is no other land upon which to
relocate the putting green, and its loss would be a detriment to the historic and cultural
values of the community. The $200,000 additional costs is not justified because the
existing location of the building has not had an adverse impact on the environment,
surrounding properties or neighborhood for 71 years. The benefit to the applicant of a
new improved, safe structure with proper drainage can only benefit the Community as
well.
3. The requested variances are substantial.
A. Applicant's request for a front yard setback of three feet instead of the required
100 foot minimum required represents a 97% reduction. The requested side yard setback
Variance Determination 7
Re: 1000-9-U-8.1(Hay Harbor)
ZBA Meeting of April 16, 1998
of 23 feet instead of the required 50 feet represents a 43% reduction. However, the net
increase in the established setbacks of the existing footprint of the building are a de minims
change that does not increase the degree of nonconformity.
B. The variance for parking is a reduction from the code requirement of 213 parking
spaces to 21 parking spaces. This represents approximately 98% relief from the
requirement.
4. The difficulty has not been self created because the Golf Club-House was constructed
in 1929, prior to zoning. Any improvements to the structure, whether it be an alteration,
an addition, or reconstruction, are strictly confined by the physical and topographical
constraints of the site. There are no other feasible sites on the property to relocate the new
proposed building.
5. The proposed variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood . The proposed new building will have
French drains to prevent roof runoff, a new foundation and-retaining wall to prevent
flooding, a new double stairwell for fire access., an up to standard electrical system, and
numerous other features that will improve the safety and environmental conditions of the
existing substandard building. The improvements will in turn have a positive impact on the
neighborhood.
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
Therefore, the Zoning Board permits variations, from the required setbacks. The setback
variances are necessary to obtain special exception approval for the existing structure,
pursuant to Section 100-3 1(B)(7), and are hereby granted: The variances for the proposed
alteration of the structure are also granted as described above.
NOW, THEREFORE, on Motion by Member Horning, seconded by
Variance Determination 8
Re: 1000-9-12-8.1 (Hay Harbor)
ZBA Meeting of April 16, 1998
Members Dinizio and Collins, it was
RESOLVED, to GRANT the Variances noted above, subject to the
Conditions rendered under Special Exception No. 4503.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA,
HORNING, and COLLINS. (Member Dinizio abstained from voting.) THIS
RESOLUTION WAS DULY ADOPTED 4-0,with o tention.)
GERARD P. GOEHUNCfER, CH AN
Approved for Filing 4/19/98
I ,