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Home My WebLink AboutZBA-01/15/1998 � r APPEALS BOARD MEMBERS ��$UFFO`,�co �O G Southold Town Hall Gerard P. Goehringer, Chairman ® y1 53095 Main Road James Dinizio,Jr. w 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 Resol. for filing _M I N U T E S adopted 6/11/98 REGULAR MEETING THURSDAY, JANUARY 15, 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, JANUARY 15, 1998 commencing at 6:45 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, Secretary to ZBA 6:45 p.m. Gerard P. Goehringer, Chairman called the meeting to order. I. PUBLIC HEARINGS (Agenda Item II) : INTRODUCTION AND READING OF LEGAL NOTICE: The legal notice and reverse side of application were read for each of the following applications at the start of each hearing. (Unless otherwise noted below, each hearing was included testimony by the applicant or his agents, statements pro and con, and questions from the ZBA. (Please see Transcript of Hearing Statements prepared separately for on each application and the original which has been filed with the Town Clerk's Office. ) For hearings that have been concluded and closed, deliberations and decision time period commences. 6:45 - 6:50 p.m. DONALD SACKER HEARING. Mr. and Mrs. Sacker were both present and Mr. Sacker spoke in behalf of their application. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending deliberations. This resolution was duly adopted. 6:50 p.m. -7:15 p.m. DUANE PASCALE HEARING. Mr. Pascale appeared and spoke in behalf of his application. After testimony was received, it was agreed by applicant to continue the hearing in order that he may consider alternative plan(s) . Motion was made by Chairman Goehringer, Page 2 - Minutes Meeting of January 15, 1998 Southold Town Board of Appeals seconded by Members Dinizio and Collins, and duly carried, to recess and continue the hearing January 22, 1998 at 7:45 p.m. This resolution was duly adopted. 7:15 p.m. - 7:33 p.m. ELEANOR NAGY HEARING. Patricia Moore, Esq. appeared and spoke in behalf of the application. Mrs. Nagy and her son Steve were also present. After receiving additional testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried to close the hearing. This resolution was duly adopted. 7:33 p.m. - 7:40 p.m. SHARON WILLIAMS HEARING. Mrs. Williams appeared and spoke in behalf of her application. After receiving additional testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This resolution was duly adopted. 7:40 - 7:55 p.m. - C. LYONS and A. COHEN HEARING. Thomas Samuels, Architect appeared and spoke in behalf of this application. After- receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This resolution was duly adopted. 7:56 p.m. HAY HARBOR CLUB HEARINGS: Patricia Moore, Esq. appeared and spoke in behalf of the application. (Mrs. Moore indicated that officers of the club would like to provide additional information but could not arrange to be here due to the earlier weather forecast for bad weather. Mrs. Moore asked that the hearing be continued at another meeting. See "Resolutions #2 and #3" below.) RESOLUTION #1 (Later rescinded). After receiving further testimony and further discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried as requested and agreed by applicant's attorney regarding additional necessary information, to recess for a continuation on February 26, 1998 (please see transcript for verbatim dialogue prior to resolution). RESOLUTION #2: After further discussion, motion was then made by Chairman Goehringer, seconded by Member Dinizio, and duly carried without objection, to rescind the above resolution in order to allow continuance and adding of dialogue between Board Members, Patricia Moore, Esq. and representatives of Hay Harbor. Mrs. Moore also gave a copy of new cost calculations and ready letter from Robert Anthony. (Also, please see separate written transcript of full dialogue.) RESOLUTION #3: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried as requested and agreed by Attorney Moore, applicants and board members, to recess the hearing to February 26, 1998 for a continuation and submission of necessary information. This resolution was duly adopted. Page 3 - Minutes Meeting of January 15, 1998 Southold Town Board of Appeals End of public hearings. The remainder of the public meeting continued as noted below. Agenda Item I. SEQRA Declaration RESOLUTION: Under N.Y.S. Environmental Quality Review Act application files involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 pertaining to substandard lots as exist, and lot" line changes, were confirmed to be Type II actions under the State SEQRA list regarding tonight's applications. No further procedure under SEQRA was required. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried without objection, confirming Type II Actions for application calendared for public hearing on this date: Pascale, Sacker, Williams, and Cohen-Lyons. This RESOLUTION was duly ADOPTED. * * * Agenda Item III. DELIBERATIONS/RESOLUTIONS/DECISIONS: The board deliberated and adopted the findings and determination as shown on the attached decisions, the originals of which are on file with the Town Clerk's Office. ANNE MAZZELLA (Denial 5-0) . DONALD AND MAUREEN SACKER (Approval 5-0) . SHAWN AND DAWN WILLIAMS (Approval 5-0) * * * STRAW POLL - Unofficial poll for drafting purposes, and proposed action and vote shall be carried over to the January 22, 1998 Meeting: E. Nagy - HOLD. Approval expected 1/22. C. Lyons and A. Cohen - Denial with alternate relief for deck addition open to the_ sky expected for 1/22. * * * RESOLUTION. Agenda IV-A: On motion by Chairman. Goehringer, . seconded by Member Tortora, it was. RESOLVED, to confirm the January 15, 1998 Hearings as advertised for the following applications: Sacker Pascale Nagy Page 4 - Minutes Meeting of January 15, 1998 Southold Town Board of Appeals Williams Cohen-Lyons. VOTE OF THE BOARD: Ayes: All Members (5-0) . . RESOLUTION. On motion by Chairman Goehringer, seconded by. Member Tortora, it was RESOLVED, to confirm the January 22, 1998 Hearings as advertised for the following applications: Hunter Amac IGHLP Pascale. VOTE OF THE BOARD: Ayes: All Members (5-0) . UPDATE: BELL ATLANTIC. Agenda Item IV - RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to AUTHORIZE and DIRECT advertisement of the Appl. No. 4486 of Bell-NYNEX for a public hearing date of February 4, 1998. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, HORNING and COLLINS. This RESOLUTION was duly ADOPTED. As a brief update, the Chairman indicated that he understood SEQRA Part III was prepared by Howard Pachman and is in process with the Planning Board at this time. x x � AGENDA ITEM IV-C. ZBA PROCEDURES for TOWN REQUESTS ON INTERPRETATIONS: The Chairman discussed Board Member procedures in general. Also discussed was the proposed procedure regarding an Interpretation requested in writing by the Building Inspector recently. It was determined that interpretation requests by any department will be handled "generically" and town-wide, except when an application is filed that is site specific. Member Dinizio indicated he felt that the Interpretation filed by the Building Inspector was "site specific" and a Notice of Disapproval is site specific when an application for a building permit is filed and that a public hearing should be held. There was no other action submitted to the ZBA by the Building Inspector in the form of a 'Notice of Disapproval' in this Interpretation request filed by Ed oe 5 - Minutes _4beting of January 15, 1998 Appeals :--Southold Town Board of Forrester for the Building Department. The Board decided to wait before confirming the procedure for this nda item wpl be e of carlriedgo e P to athe ent anuary 22,' Interpretation. This age �I 1998 meeting. AGENDA ITEMS IV D and E were carried over to the January 22, 1998 meeting for Resolution to advertise. AGENDA ITEM V. REMINDERS/MISCELLANEOUS: 1. Committee Sessions: Planning, Zoning, Other. 2. ZBA New Applications Pending Inspections, etc. ADJOURNMENT. he te deardprly ougo re the Board at this time,There mancle the meeting adjourned. meeting was adjourned at 10:00 P.M. Respectfully submitted, da Kowa ski -L��G/9� Attac ents: ase D 'sion pp !ed for g RECEIVED ,AND FILED BY Gerard P. Goehringer, Chairman `sIII; SOUTIsOLD TOWN CL.;: (Agenda Carryover from 2/26/98) Di"ITE IIGUR P I Town `s"07.71-1 of APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman S�O ' j{a; 53095 Main Road P.O. Box 1179 James Dinizio,Jr. "' Southold, New York 11971 Fax(516)765-1823/906, Lydia A.Tortora �Ol .��o,� Telephone (516) 765-1809 George Horning Lora Collins BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 15, 1998 Appl. No. 4528 - ANNE J. MAZZELLA PARCEL 1000-81-1-8 STREET & LOCALITY: 3895 Paradise Point Road (a/k/a Robinson Road), Southold DATE OF PUBLIC HEARING: December 11, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is identified as subdivision lot #10 on the Map of Paradise Point, Section I, and is located in an R-40 Low-Density Residential Zone District. This property has frontage along Robinson Road (a/k/a Paradise Point Road), Southold, and consists of a lot size of approximately 25,000 .sq. ft. when including the land which extends approximately 20 feet north of the bulkhead (as per survey). The August 16, 1997 survey was prepared by Anthony Lewandowski, L.S., and revised September 22, 1997. The survey depicts the location of the following buildings or structures: (1) one-story frame house at 37.5 feet at its closest distznce from Robinson Road; (2) 16' x 32' inground sw mmingpool with wooden deck, all shown at 20 feet from the westerly side property line; (3) 10' x 12' (approx.) accessory shed north of the existing swimmingpool, and (4) to the north of all buildings, a brick patio and wooden bulkhead. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 20, 1997 which language reads as follows: ". . .under Article III, Section 100-33 of the R-80 Zone - accessory structures shall be located in the required rear yard. In the case of waterfront property, accessory structures may be located in the front yard provided they meet the front yard setback requirements as set forth by this code. Accessory structure as applied for would be. located in the side yard... ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a proposed accessory two-car garage building with a location shown to be 27 feet from the front property line and 20 feet from the side property line. The size of the garage is proposed to be 23 ft. wide . by 24 ft. deep with garage doors facing westerly. The height of Page 2 - January 15, 1998 Appl. #4528: 1000-81-1-8 (Mazzella) Southold Town Board of Appeals the building is one-story and proposed at 17.5 feet, from grade to the top of the roof, total measurement. REASONS FOR BOARD ACTION DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because the Association has made an effort with covenants and suggestions to preserve the open character of the neighborhood, i.e. 20 ft. side yard and no garage doors and facing front; and there is no other building within 300 feet on the same side with a reduced setback as the applicant has proposed. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance, and the applicant would need an area variance even if they wanted to build a one-car garage. (3) The requested area variance is substantial, being a variance of 13 feet (or 32 percent of the 40 ft. requirement). (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 been self-created because the applicant chose to build a swimmingpool in the area best suited for the garage. In considering this application, the Board finds the- action taken is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to DENY this application WITHOUT PREJUDICE TO REAPPLICATION (for a new alternative plan). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING AND COLLINS: res. w duly adopted (5-0). j" GERARD P. GOEHRINGER, CHAI;IA Approved for Filing 1/1 1 /98 Actions.all/81-1-8 :/APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman 53095 Main Road c %� P.O. Box 1179 CA James vinizio.Jr. ,? Southold. New York 11971 • Fax (516) 765-1823 Lydia A. Tortora oy�0l �a ` Telephone (516) 765-1809 George Horning _ Lora S. Collins BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 15, 1998 Appl. No. 4527 - DONALD. & MAUREEN SACKER PARCELS 1000-141-4-39 and 1000-141-4-38 STREET & LOCALITY: 11875 and 11805 Main Road, Mattituck. ZONE: Residential-Office DATE OF PUBLIC HEARING: January 15-, '1998 FINDINGS OF FACT PROPERTY FACTS/DESCR.IPTION: The subject properties are located in an RO Residential-Office Zone District, being situate on the northerly side of Main Road (Route 25) in Mattituck, in Section 141, Block 4. Lot 38 contains 14,465.88 ,sq. ft. and is proposed to be increased to 15,342.88. Lot 39 contains 12,808.49 sq. ft. and is proposed to be reduced to 11,931.39 . sq. ft. The difference in sizes will amount to 877.10 square feet as confirmed by map dated July 15, 1997, prepared by Joseph Ingegno, Surveyor. The map submitted with , this application shows that each lot is improved with a two-story frame dwelling and accessory buildings). BASIS OF APPEAL Building Inspector's Actions of Disapproval: a) dated October 14, 1997 which reads as follows: ". . ..Both nonconforming lots are in an RO District with a , required lot area of 40,000 sq. ft. The proposed ' lot line change : will create a more nonconforming lot area for Lot #141-04-39. . ."; and b) dated- October 24, 1997 which states the same language except that it adds Article VII, Section 106-72 as the basis of the Disapproval. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Request for approval of 877.10 square feet in a property exchange as confirmed by map dated July 15, 1997, prepared by Joseph Ingegno, Surveyor. Lot 38 contains 14,465.88 sq. ft. and its size is proposed to be increased to 15,342.:38. Lot' 39 contains 12,808.49 sq. ft. and its size is proposed to be reduced to 11,931.39 sq. ft. Page 2 - January 15, 1998 Appl. #4527: 1000-141-3-38 & 39 (Sacker) Southold Town Board of Appeals 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 proposed variance would increase parcel #1 to 15,343 sq. ft. which still renders this parcel as preexisting in this Residential-Office District. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because both parcels consist of dwellings that have been in existence for more than 30 years, in situations of this nature. It is not uncommon for applicants to request adjustment in lot lines. (3) The requested area variance is not substantial representing less than seven (7%) percent of the total lot area. (4) The proposed. variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because change is less than 900 sq. ft. (less than .07 percent) of total lot area. (5) The situation has not been self-created. In considering this variance, the Board finds this action is 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 Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING AND COLLINS. This resolution was duly adopted l ' GERARD P. GOEHRINGE , CHAIIj� Approved for Filing 1/11 /98 Actions.all/141-4-38 'L APPEALS BOARD MEMBERS Southold Town Hall Gerard R Goehringer, Chairman �� , � � , 53095 Main Road o 4 P.O. Box 1179 .James vinizio,Jr. ;2Z Southold. New York 11971 ® Fax (516) 765-1823 Lydia A.Tortora °�j � �� Telephone (516)765-1809 George Horning _ Lora S. Collins BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 15, 1998 Appl. #4532 - SHAWN and DAWN WILLIAMS PARCEL 1000-106-11-20 STREET & LOCALITY: 405 South Drive, Mattituck DATE OF PUBLIC HEARING: January 15, 1998 FINDINGS OF FACT . PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District. This lot contains a total area of 81,921.31 sq. ft. The subject premises is improved with an existing one-story frame house (to be demolished and a new dwelling with attached garage .will be constructed in a new location currently occupied by the subject accessory building as presented on the map dated August 29, 1997.) The subject accessory building is. proposed to be located in the rear yard with a sideyard setback at 15 feet instead of 20 feet. BASIS OF APPEAL: Building Inspector's. Action of Disapproval dated November 19, 1997 which reads as follows: ". . .Under Article IIIA, Section 100-30A.4 of the R-40 Zone which references Article III, Section 100-33 of the A-C Zone, accessory buildings on lots containing in excess of 79,999 sq. ft. shall be set back no less than 20 feet from any lot line. Existing lot contains 81,921.23 sq. ft. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To relocate existing 24.3 ft. by 18.3 ft. accessory building in the rear yard area with a side yard setback at 15 feet and proposed to comply with height and all other yard setback requirements. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesir- ablc change in character of neighborhood or a detriment to nearby properties because the proposed relocation of the accessory building exceeds the required minimum front . yard setbacks for principal structures, and mature trees will provide screening from view of nearby properties and South Drive- (2) The benefit sought by the applicant cannot be achieved by some Page 2 - January 15, 1998 Re: Appl. #4532: 1000-106-11-20 (Williams) Southold Town Board of Appeals method, feasible for applicant to pursue, other than an area variance. The rear yard is wooded and slopes toward Mattituck Creek. Placement of the accessory building at the 20-foot code required minimum setback would necessitate the removal of mature trees. (3) The requested area variance is not substantial because the proposed 14+- ft. setback represents a 5-foot reduction in the code required 20 ft. minimum side yard setback. (4) The proposed variance will not have an -adverse effect or impact on the physical or `environmental conditions in the neighborhood or district because the yard is wooded and relocation of the house and accessory shed will help prevent runoff from entering Mattituck Creek. (5) The situation has not been self-created and relates to the topography and contours of the property. In considering this variance, the Board finds this action is 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 Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested SUBJECT TO THE FOLLOWING CONDITIONS: 1. No heat shall be permitted. 2. No hot water shall be permitted. 3. Electricity is allowed, if proposed in the future. 4. The subject accessory building shall be used in accordance with the Code as an accessory use (for storage purposes accessory and incidental to the main building). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, AND COLLINS.,----1Tffs resolu 'on w duly adopted (5-0). r GERARD P. GOEHRINGER, CHAIRMAN ` Approved for Filing 1//1/98k Actions.all/106-11-20