HomeMy WebLinkAboutZBA-01/16/1997 • .y
APPEALS BOARD MEMBERS SUFFO(�COG Southold Town Hall
Gerard R Goehringer,Chairman cz� y1 53095 Main Road
Serge Doyen y = P.O. Box 1179
James Dinizio,Jr. p Southold, New York 11971
Robert A. Villa � p� Fax(516) 765-1823
Lydia A.Tortora Ol �a Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
Regular Meeting
Thursday, January 16, 1997
6:30 - 6:55 p.m. Informal work session and review of pending files. No
formal action was taken at this session.
6:55 p.m. - A Regular Meeting of the Southold Town Board of Appeals was
held at the Meeting Hall at Southold Town Hall, 53095 Main Road, Southold,
NY 11971, on January 16, 1997, commencing at 6:55 p.m. The meeting was
attended by over one hundred persons.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Member
Lydia A. Tortora, Member
Robert A. Villa, Member
James Dinizio, Member (Arrived at 7:22 P.M. )
Linda Kowalski, Board Assistant (Present till approx 10:00)
Patricia Conklin, Clerk
PUBLIC HEARING:
The Chairman read the legal notice and application for each application At
the beginning of each hearing, at the times specified.
6:55 - 7:02 p.m. Appl. No. 4443 ROBERT COLLINS. This is a
request for a Variance under Article III-A, Section 100-30A.4, based upon
the July 25, 1996 Action of Disapproval by the Building Inspector, for 'the .
location of an "as built" accessory (shed) building, a portion of which is
located in the front yard (with the remaining portion in a designated rear
yard.) This is a corner lot, and the applicant may designate one yard
(other than a front yard) to be a rear yard and the other a side yard.
Property Location: 7925 North Bayview Road, Southold, NY; County
Parcel #1000-79-4-65. Mr. Collins appeared on behalf of his application and
responded to the Board's questions regarding the "as built" shed. There
was no response from the audience either for or against this application.
Board reserved decision until hearings ended; see attached decision.
7:02 - 7:08 p.m. - Appl. No. 4447 - MARTY and NOREEN FREY. This is
a request for a Special Exception under Article III, Section 100-30A.2B and
100-31B(14a-d) of the Zoning Code, for a new Accessory Bed and Breakfast
Use, providing for the transient renting of one bedroom with breakfast in
this application, in conjunction with the single-family residency of the
Page 2 - Minutes
Regular Meeting of January 16, 1997
Southold Town Board of Appeals
owner-applicant at 3395 Skunk Lane, Cutchogue, NY; County Parcel
#1000-97-9-11.1. Zone: R-40 Residential. Marty and Noreen Frey
appeared on behalf of their application. Mrs. Frey addressed the Board
regarding her application. Mr. Frey responded to Board questions
regarding the parking facility. No one spoke in oppostion to the
application.
Appl. #4447 FINDINGS AND DETERMINATION 1/16/97
APPLICANTS: MARTY and NOREEN FREY.
LOCATION OF PROPERTY: Single-family dwelling built prior to April
1957 situated on approximately one-third acre at 3395 Skunk La.,
Cutchogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 97, BLOCK 9,
LOT 11.1. R-40 Residential Zone District. (Also, see Certificate of
Nonconforming Premises for a single-family dwelling, Certificate #Z-7439
dated 12/30/76 issued to Michael & Joan Reddington) .
BASIS OF REQUEST: Article III, Section 100-30A.2B and
100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law #3-1995 which
provides for an allowance up to three bedrooms for rental as an Accessory
Bed and Breakfast, subordinate and incidental to the principal single-
dwelling use, for lodging and serving of breakfast to not more than six (6)
casual, transient roomers._
DESCRIPTION OF REQUEST: Special Exception permit for Accessory Bed
and . Breakfast Use, subordinate and incidental to the applicants'
single-family residence (principal use), requesting rental by owner-resident
of one bed room (instead of three rooms) for temporary, transient lodging
with breakfast, limited to a maximum. of two (2) casual and , transient
roomers in accordance with conditions (a), (b), (c) and (d) as per Section
100-31B(14).
MOTION MADE BY: R. Villa SECONDED BY: G. Goehringer
ACTION/RESOLUTION ADOPTED: Granted with the condition that there
be no backing out of vehicles onto the road, that there be one parking
space provided for the B & B near the garage as proposed, and subject to
compliance at all times with current Section 100-31B(14) subsections (a)
through (d), and other laws and regulations applicable to this accessory
use.Applicants have agreed to issue patrons an information pamphlet
describing the above restrictions.
REASONS/FINDINGS:Standards under Section 100-263 & 100-264 have been
considered, and met in the issuance of this Special Exception; proof has
been submitted for the record to show intended compliance with zoning code
(see file and hearing record).
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. This resolution was
unanimously adopted--4" 0.
Correction to show member Dinizio not present during this vote .
Page 3 - Minutes
Regular Meeting of January 16, 1997
Southold Town Board of Appeals
7:08 - 7:18 p.m.- Appl. No. 4445 - MARY TANGNEY. This is a request
for a Variance based upon the March 20, 1996 Action of Disapproval by the
Building Inspector, as per Article III, Section 100-32 for the proposed
insufficient lot area in the proposed set-off of lot . situated along a
private right-of-way extending from Little Neck Road, Cutchogue; County
Parcel #1000-103-5-2.1. The parcel as exists contains 143,020 sq. ft. of
land area. Proposed are two lots, one of 40,191 sq. ft. and the other
102,820+-sq. ft. in this R-80 Residential Zone District. Mr. and Mrs.
Tangney appeared on behalf of Mary Tangney's application. Mr. Peter
Danowski, Esq. spoke as a neighbor, in favor of the Tangney application.
The Chairman and Board stated and explained that the application requires
further work. The Tangney's are required to request a Subdivision
application from the Planning Board. The Chairman made a motion to recess
until no specific date, R. Villa seconded. The resolution was adopted.
7:18 - 8:00 p.m. Appl. 4449 - SCOTT PATCHELL, Contract Vendee.
(Owner, SAMUEL KIRSCHMAN) . This is an application based upon the
applicant's request for a building permit, and the Action of Disapproval of
the Building Inspector dated November 20, 1996, for Variances: (a) under
Article XXIII, Section 100-239.4B for permission to locate new dwelling, a
portion of which will be located within 75 feet of the existing bulkhead,
and (b) under Article XXIV, Section 100-244 for insufficient side yard
etbacks. Sideyards are required to be 10 ft. and 15 ft. , for a total of 25
feet for both yards. Location of Property: 1075 West Hill Road, Southold,
NY; County Tax Map Parcel #1000-70-4-24. Numerous neighbors spoke
against the application. See written transcript of verbatim statements
prepared under separate cover and attached for reference. Also see
findings and determination after hearings ended.
A Recess was taken.
8:30 - 11:35 p.m. Appl. No. 4446SE - BELL-ATLANTIC-NYNEX, as
Tenant (MARK AND MARYBESS PHILLIPS, Owners) . Location of
Property: A certain portion of farmland identified as 24850 Main Road,
Orient, NY; Zone District: R-80 Residential and Agricultural; County
Parcel #1000-18-6-5 which contains a total acreage of 10.5+- acres.
Applicant, as future Tenant, is requesting:
a) a Variance under Article III, Section 100-31, Bulk Schedule,
pertaining to a proposed wireless cellular telephone facility tower over a
height of the required 35 ft. for a principal use, or over 18 ft. if the
same is requested as an accessory use (main use at this property is known
to be agriculture); and
b) a Special Exception under Article III, Section 100-31B(6) for
permission to construct 12 ft. x 40 ft. unmanned modular equipment shelter
communications facility, and use of a single, wireless tower for public
utility communications (cellular telephone transmission) . Howard Pachman
and Matthew Pachman Esq. , the respresentatives on behalf of NYNEX,
presented the NYNEX application. Several speakers attended. See written
transcript of hearing. The Chairman made a motion to recess with a new
date of March 6th. The attorney for NYNEX will send the Board a letter to
extend that time since March 6th was not available for them. Member J.
Dinizio seconded, and the resolution carried. The resolution was adopted.
11:35 - End of tonight's Hearings.
Page 4 Minutes
Regular Meeting of January 16 , 1997
Southold Town Board Of Appeals
Deliberations/Decisions- Carryover -
Appl. #4442 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: 1/16/97 APPLICANT:Costas & Mary Caviris
LOCATION OF PROPERTY: Central Drive, Mattituck (Vacant Lot)(File
map of Captain Kidd Estates Lot#126 and Lot #131) .
COUNTY TAX MAP DISTRICT 1000, SECTION 106 BLOCK 2, LOT 35&40
BASIS OF REQUEST: House improved lot purchased 12/26/82 Contiguous
lot purchased 7/17/85. Applicant is asking for lots to be unmerged.
(Lot size is 12,000 Sq. Ft.)
Findings of Property Facts: Created in 1948 (Captain Kidd Estates) by
Town Board Approval. Merger in effect since purchase by current owner
7/17/85, L9851, p.453; also reference deed 12/82, L9300, p.313.
Reasons of Denial:
1. Applicant made no 'attempt to place vacant merged lot, in separate
ownership as did prior owners ('Martens)-.
2. In 1985 at the time the applicants purchased the unimproved(vacant
File map lot #126) it was not a buildable lot under the Zoning Code.
3. Common ownership of both lots has existed for twelve years.
4. Applicant did not demonstrate economic hardship in this case.
5. Elevation and contours are severe and potential flooding could result
in water damage to existing home (Applicant's Home)- on file map #131.
MOTION MADE BY; G. Goehringer :SECONDED BY: L. Tortora
ACTION/RESOLUTION ADOPTED: Denied
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. Nay: James Dinizio, Jr. This
resolution Adopted: Denied.
Motion carried (4-1)
Page'5 Minutes
Regular Meeting 'of January 16, 1997
Southold Town Board Of Appeals
Appl. #4443 ACTION OF THE BOARD OF APPEALS
DATE .OF ACTION: 1/16/97 APPLICANT: Robert Collins
LOCATION OF PROPERTY: 7925 North Bayview Road, Southold
COUNTY TAX MAP DISTRICT 1000, SECTION 79, BLOCK 4,LOT 65
Findings of Property Facts: Lot 63 at Harbor Lights, purchased 411187,
L10293, p.579.
BASIS OF APPEAL: Notice of Disapproval issued by Building Inspector
7/25/96 under Article IIIA, Section 100-30A..4, accessory structures
shall be located in the rear yard.
RELIEF REQUESTED: To locate an "as built" accessory building,.
(121s12' storage building) five feet from easterly property line, a
portion of which is located in the front yard. Sketch of shed submitted
by applicant on survey map prepared by R. Van Tuyl P.C.- 7/23/84,
revised 12/26/84, revised 4/18/85 indicates shed is set back .63' from
North Bayview Road in the.front yard.
MOTION MADE BY: S. Doyen SECONDED BY: G. Goehringer
ACTION/RESOLUTION ADOPTED: Granted "as built", with electric
utilities.
CONDITIONS: Granted, with the condition that applicant plant 3' to 5'
evergreens appro.-dmately 3' apart the entire 12' length of the easterly
side of the storage building.
Should the accessory storage shed be proposed to be enlarged or
reconstructed, it must be relocated•to conform with current code or the
code in effect at the time.
Reasons: 1. The amount of relief requested is not substantial.
2. There will not be an undesirable change in the character of the
neighborhood if property is properly buffered from surrounding
properties.
3. Building e.dsts.
4. The difficulty was self-created.
5. Property contains two front yards with a limited available rear yard
area.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. Abstained: J. Dinizio (not
present for this portion of hearing)_ This resolution adopted,(4-0).
Page 6 Minutes
Regular Meeting of January 16 , 1997
Southold Town Board Of Appeals
Appl. #4449 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: 01/16/97 APPLICANT.: Scott Patchell
LOCATION OF PROPERTY: 1075 West Hill Road, Southold
COUNTY TAX MAP DISTRICT 1000, SECTION 70,BLOCK 4, LOT 24
BASIS OF ACTION: Article : III, Section 100-239.4B and •Article
XXIV, Section 100-244 of the Zoning Code for proposal to locate• deck-a
portion of which will be within 75 feet of setback and insufficient side
yard setbacks.
RELIEF REQUESTED: Variance for sideyards and less than 75 feet from
bulkhead for new dwelling (proposed deck) .
MOTION MADE BY: J. -Dinizio SECONDED BY: B. Villa
ACTION/RESOLUTION ADOPTED: Denied, without prejudice.
REASONS/FINDINGS:
1. Bulkhead setback relief requested is substantial (approx. 19%) .
2. Benefit sought. by the applicant can be achieved without the
variances.
3. Sufficient land area is available.
4. Alleged difficulty is self-created. Applicant can relocate new
dwelling closer to the road so as to permit enjoyable use of the
property and at the same time be in.conformance with the code.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio,. Jr.,
Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer: This
resolution was unanimously adopted 5-0_
Page 7 - Minutes
Regular Meeting of January 16, 1997
Southold Town Board of Appeals
12:00 a.m. -12:05 RESOLUTION FOR NEW HEARING: Appl. of LILCO -
Variance and Special Exception (await response from Fire District regarding
draft emergency plan on file) . Member J. Dinizio motioned to re-open the
application with no specified date in order to obtain and discuss at a
public hearing a better emergency plan. Member R. Villa seconded. Vote of
the Board: all ayes. Resolution was unanimously adopted.
There being no other business coming before the Board at this time, the
Chairman declared the meeting adjourned. The meeting was adjourned at
12:20 a.m.
Respq6tfully submitted,
RECEIVED AND FILED BY �
THE SOUTHOLD TOWN CLERK 4atricia. Conklin
DATE 7 HOUR q : 3 7 2/10/97
Town Clerk, Town of Southold