Loading...
HomeMy WebLinkAboutZBA-08/28/1997 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman may` Gym 53095 Main Road Serge Doyen y '� P.O. Box 1179 James Dinizio,Jr. Southold, New York 11971 Fax(516)765-1823 Lydia A.Tortora Oj �`�� Telephone(516) 765-1809 Maureen C. ostermann BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, AUGUST 28, 1997 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, AUGUST 28, 1997 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member (left 8:15 p.m.) James Dinizio, Jr. , Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, Secretary to ZBA 6:45 p.m. Chairman Goehringer called meeting to order. PUBLIC HEARINGS (AGENDA ITEM I): After introduction by the Chairman and reading of the applications for each public hearing, testimony was received on the following. See written verbatim transcripts prepared separately for specific comments made and reference as needed and permanent recordkeeping. 6:48 p.m. #4498.GG - Anne Shannon - Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20 o by adding an additional 504 sq. ft. over that allowed by Appeal #4267 dated 9/15/94. Also .under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 2775 Marratooka Road, Mattituck, NY. County Parcel No. 1000-123-2-26. Existing total land area consists of 6775+- sq. ft. Ms. Shannon and Raymond Nine were present in behalf of the application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and Page 2 - Minutes Regular Meeting of August 28, 1997 Southold Town Board of Appeals duly carried, to conclude (close) the hearing. This RESOLUTION was duly ADOPTED (5-0) . 7:05 p.m. #4499.JD - Richard & Pamela Frerkin - Variance for addition to dwelling which will have an insufficient front setback as a principal building at less than, the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is less than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size) . Location of Property: 680 Deep Hole Drive, Mattituck, NY; County Parcel #1000-115-12-9. Mr. Frerking spoke in behalf of his application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0) . 7:15 p.m. #4500.LT - Catherine Harren - Variance for placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. Abigail Wickham, Esq. appeared for the applicants. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0) . 7:20 p.m. #4445.LT - Charles & Mary Tangney - Variance for insufficient lot area in this proposed set-off or minor subdivision for two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 80,000 sq. ft. in total area. Mr. and Mrs. Tangney were both present and spoke in behalf of their application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0) . 7:10 p.m. #4501.MO - E. Nagy - Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building .Inspector stating two reasons: (1) under Article II, Section 1.00-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and, (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1', 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for Page 3 - Minutes Regular Meeting of August 28, 1997 Southold Town Board of Appeals lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width.) A letter requesting postponement was received from Patricia C. Moore, attorney for applicant. There were persons appearing due to the advertisement and notices regarding the hearing. After receiving testimony in opposition from Mr. John Ritter and. Sandy Allecia, neighbors, motion was offered by Chairman Goehringer, seconded by Member Doyen, and duly carried, to RECESS the hearing for a continuation on September 25, 1997. This RESOLUTION was duly ADOPTED (5-0) . 7:45 p.m. #4502.GG - Moore's Lane Development Corp. Variance for proposed deck addition to condo unit #60 at 135 R60 Caleb's Way, Greenport, New York; County Parcel 1000-40.1-1-60 with proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. Mr. Ray Dickhoff, Authorized Agent-Builder, appeared and spoke. in behalf of his application. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This RESOLUTION was duly ADOPTED (5-0). End of Hearings. AGENDA ITEM II. SEQRA RESOLUTION: Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to confirm Type II Designations re: minor projects for the applications in each of the above hearings. This RESOLUTION was duly ADOPTED (5-0) . AGENDA ITEM V-A. HEARING RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to add the newly filed application of JOSEPH MELLY, and authorize advertisement, for a public hearing to be held September 25, 1997 (with other hearings per former meeting resolution) . This RESOLUTION was duly ADOPTED (5-0) . AGENDA ITEM IV-B. REMINDERS confirmed as listed on agenda: a) Ongoing Committees Sessions for: Planning & Zoning Code Committee b) Public hearings to be held September 11, 1997 as advertised: C Page 4 - Minutes Regular Meeting of August 28, 1997 Southold Town Board of Appeals 6:45 p.m. Appl. #4503.SD - Hay Harbor Club, F.I. 6:50 p.m. Appl. #4504.JD - E. Corwin, Owner & J. Grattan as contract vendee (lot waiver) 6:50 p.m. Appl. #4505.LT - J. Grattan (new house) 7:00 p.m. Appl. #4356.GG - M. Kosmynka (garage) 7:15 p.m. Appl. #4068.JD - E. Sievernich (lot size). c) Public hearings for September 25, 1997 Applications for new reviews and site viewing in addition to those also scheduled for this date: 1) Appl. #4506.MO - E. Mulligan Estate (deck as built) 2) Appl. #4507.GG - M. Zevits (lot waivers) 3) Appl. #4492.LT - W. Klein (as-built garage and deck). AGENDA ITEM V-B. SEQRA coordination letter Re: Town Board as lead agency in proposed Local Law for Wireless Communication Facilities projects. There was a short discussion about the Committee's drafts and extensive time spent by the Committee representatives. Member Dinizio asked that his comment be added into the Minutes reflecting his concern that the requirement of five acres per tower is a little too much. AGENDA ITEM III. DELIBERATIONS/DECISIONS. Moore's Lane - see attached Deliberations, Findings of Fact and Determination. Tangney - informal straw opinion for conditional approval. No official vote was taken at this time. (See Deliberations, Findings of Fact, and Resolution adopted September 11, 1997. Member Doyen was not feeling well and left at this point in time. Harren - see attached decision. Richard and Pamela Frerking, action taken as noted below: 1. THIS RESOLUTION WAS RESCINDED in #2 below: Motion made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to DENY the 19 ft. setback requested, and GRANT ALTERNATIVE RELIEF for a four-ft. addition at a setback of 28 ft. from the front property line, which addition may extend to the same 28 ft. setback into the permitted side yard to square off the building. Page 5 - Minutes Regular Meeting of August 28, 1997 Southold Town Board of Appeals 2. Motion was made by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to RESCIND the resolution adopted in the Matter of Richard and Pamela Frerking, in order that the wording for action denying the application and granting alternative relief, may be re-drafted, which new draft will be considered for final acceptance and adoption at the September 11, 1997 meeting of the Board. This RESOLUTION was duly ADOPTED (4-0) . A. Shannon - see attached decision. AGENDA ITEM V-C. MISCELLANEOUS. The Chairman briefly addressed letters received regarding Broadwaters Cove Marina project presently before the Planning Board for site plan action, and particularly with respect to a Planning Board letter requesting ZBA zoning review for interpretation or advisory opinion. At least two members felt it was inappropriate to meet with residents of an area without proper notification to parties and other procedure followed. With reference to the letter from the Broadwaters Cove Association, Inc. , the Chairman was authorized by Members to send the following response to Mr. Breen, President: . . .Dear Mr. Breen: Our office is in receipt of your letter, which was directed to our department apparently under the direction of a representative of the Planning Board. Please find attached a copy of our reply dated August 15, 1997 to the Planning Board's memorandum of July 30, 1997. . . Very truly yours, GERARD P. GOEHRINGER CHAIRMAN. . . AGENDA ITEM V-C, continued MISCELLANEOUS: The Chairman/Department Head updated everyone regarding the 8/21 Department Head Meeting: proposed employee handbook; Building Department Head Ed Forrester indicated he wanted to meet with real estate brokers to apply for COs earlier rather than waiting until the day before closing; Sr. Planner V. Scopaz agreed we should have department staff meetings monthly and felt that memos don't achieve results. The ZBA Chairman asked that one or two ZBA members (less than a quorum) attend Building Department's APPEALS BOARD MEMBERS 0�.\ Southold Town Hall Gerard P. Goehringer,Chairman ��0 °y 53095 Main Road Serge Doyen y = P.O. Box 1179 ze James Dinizio,Jr. �,. Southold, New York 11971 y • Oar:AI Fax (516) 765-1823 Lydia A.Tortora `��4j �� Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD- FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST. 28, 1997 _Appl. No. 4502 - Moore's Lane Dev. Corp. PARCEL 1000-40.1-1-60 LOCALITY: 60 Caleb's Way, Greenport DATE OF PUBLIC HEARING: August 28, 1997_ FINDINGS- OF FACT PROPERTY FACTS/DESCRIPTION: This property is known and referred to Unit. =60, and 60 Caleb's Way, Greenport and is referred to as Unit =60, shown on a map submitted under this application. This property has been approved as an Affordable Housing District for a total of 60 dwellillg units. BASIS OF APPEAL: Building Inspector's Action of Disapp opal dared Julv 22, 1997 which reads as follows: qunder Article XXZ-, proposed deck addition will leave insufficient front yard setback to Caleb's Stay of 35 feet as required by site plan approval. Setback would now be 24 feet from front lot line. Action require(.], by Zoning Board of Appeals." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a proposed 8 ft. by 12 ft. open deck addition at 28 feet. from the closest edge of the right-of-way known as Caleb's Way at its closest point, and 36 feet to the center of Caleb's Way (southerly front property- line) . The present setback of the existing dwelling is shown to be 36 feet at its closest point to the right-of-way, and 43 feet to the southerly front property line (center point, of Caleb's Road) . REASONS FOR BOARD ACTION. DESCRIBED BELOW: (.l ) The granting of the area variance i11 not produce an undesirable change in chamacter of neigliborhood or a al triment to nearby properties. because premises is located conriguous ;_v a private road- wliich- series as only access to inllabitants of this community;. a ( 2) The benefit sought. by the ilpplic:ant Callllol. be ac ilie -ed by some method, feasible for applicant t.o pursue, other than an area variance because of the uniqueness of said parcel as a corner lot. Page 2 - August 2'° 997 , Re: Appl. #4502 - Moore's Lane Dev.. Corp. - Parcel ID #1000-40.1-1-60 t (3) The requested area variance is not substantial because it only consists of approx-imately 20% of a variance. (4) The proposed variance will not have an adverse effect or impact oil the physical or environmental conditions in the neighborhood or district because variance requested is for an attached open deck addition which is not enclosed. (5) The situation has not been self-created. (6) This action is the minimum that the Board deems 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 Goelnrinnger, seconded by Member Ostermainn, it was RESOLVED, to GRANT the relief as applied and subject to the following CONDITIONS: I . The deck shall remain open and unenclosed, and the deck shall not be elongated from this requested size of 8 ft. by 12 ft. with a setback at 28 feet, from the front property line at its closest point. 2. Step area(s), if added to the deck, shall be located only at the sides of the deck, and not further extending into the front yard at Caleb's Way to the south. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOR.TORA, and OSTERMANN. (Member Doyen was absent during deliberations and decision.) This resolution was duly adopted. GE XDP�G�Z405EHRI E CHAIRMAN Adopted 8/28/97 r_ x�xM��-ieieaexve#eXe�e:e�k��:k:;c:c � RECEIVED . Actions-all/401-1-60 AND FILED B� THE SOUTHOLD TO Mi CLERK DATE 9/3 /�7 HOUR do Town Clerk, Town of Southold APPEALS BOARD MEMBERS J �OSUFFO( Southold Town Hall O GZ 53095 Main Road Gerard P. Goehringer, Chairman � :'c P.O.Box 1179 Serge Doyen % y = Southold,New York 11971 James Dinizio,Jr. �- O Fax(516)765-1823 Lydia A.Tortora ~y�Oj � Telephone (516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 Appl. No. 4500 - Catherine Harren PARCEL 1000-100-176 STREET & LOCALITY: 3000 Reeve Road, Mattituck DATE OF PUBLIC HEARING: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being sitnat.P on the �!asterly side of Reeve Road . This lot contains a total area of ."..4,646. i2 sq. ft. as depicted on the map under this application and is improved with the following as shown on the April 13, 1997 survey prepared by Stanley J. Isaksen, Jr. for Anthony and Tina Abate: one-story wood frame residence, accessory frame garage and stied, both located in the side yard, and a third accessory building (stied) located in the required rear yard. BASIS OF APPEAL: Building Inspectors Action of Disapproval dated .Tune 23, 1991 in which applicant applied for a building. permit regarding placement, of two accessory buildings as located in the side; yard area. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of-two "as bLuit" accessory buildings located in the northerly side yard area, north of the existing dweiling at the end of the asphalt driveway (40.8 feet from the westerly front property line and 29.2 feet from the northerly side property line, at its closest points) - REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an uiidesirable ch,111ge in character of neighboc•iiood or a detriment to nearby properties becmise the garage is set back 40.3 feet from Reeve Avenue and 29.2 feet from the :nearest sWeyard property line. The garage has e listed in its current side and location for 35 years with no adverse affects. The small stied, situated behind' t.lre garage, is not visable from Reeve Avenue. it is more than 30 feet from the nearest side %ard property line. ( 2) They benefit sought by tine applicant. cannot be achieved by some method. Coasibie for appiicant. to pursue, other than an area variance Page 2 - August 28,. J97 Appl. i4500 - C. Harren (1000-100-1-6) Southold Town Board of Appeals because the applicant's attorney has testified that the costs of relocating the garage to a conforming area would be "financially prohibitive" in excess of $7500.00. (3) The requested area variance is not substantial because both the garage and shed exceed the code required front yard and side yard setbacks for principal structures. (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 garage and accessory shed are located on a 34,646 square-foot lot, not less than 29.2 feet from the nearest property line. (5) The situation has been self-created because the garage and shed _ were constructed without a Certificate of Occupancy. (6) Tlus action is the minimum that the Board deems 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 Goeliringer, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory stied sliall not be enlarged or expanded unless it is relocated to a required rear yard area. 2. The garage sliall not be enlarged or expanded without review and approval of the Board of Appeals. VOTE OF THE BOARD: AYES: MEMBERS OSTERMANN, TORTOR.A, DINIZIO, AND GOEHRINGER. (Member Doven was absent during deliberations and decision. ) This resolution was duly adopted. GERARD P. GOEHRUNIGER, CHAIRMAN Actions.all/100-1-6 i - E ;�, VIEM AND D BY V 1� ,.�rl THE SGU i riCLD TOW14 CT r%SK DATIE l97 HOUR Town Clerk, Town of Southold i - APPEALS BOARD MEMBERS fFOt �O CO Southold Town Hall Gerard P. Goehringer,Chairman ���, 53095 Main Road P.O. Box 117.9 Serge Doyen z Southold, New York 11971 James Dinizio,Jr. .� Fax(516)765-1823 Lydia A.Tortora �0( ��® Telephone(516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 Appl. No. 4498 - Anne M. Shannon PARCEL 1000-123-2-26 STREET & LOCALITY: 2775 Marratooka Road, Mattituck, NY DATE OF PUBLIC HEARING: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate along the easterly side of Marratooka Road, Mattituck. This lot contains a total area of appro:cimately 6775 sq. ft. as depicted on the copy of survey map raider this application. The copy of the survey shows the following improvements: one-story frame house set back 28 feet from the front property line and accessory building located in the rear yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 24, 1997 which reads as follows: under Article IIIA, Section 100-30A.3, Bulk Schedule, for permission to construct deck addition and accessory shed which exceeds maximum 20 0 lot coverage by adding an additional 504 sq. ft. over that allowed by Appeal No. 4267 dated 9/15/94• Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate deck addition with an insufficient rear vard setback at not less than 30 feet (which deck will extend 15'3" past the rear of the existing dwelling addition) , and 2) to locate accessory shed of 8 ft. by 10 ft. in size in the required rear yard at a minimum of three feet from the rear property line and greater than three feet from the side property lines, and 3) to exceed lot coverage by 504 square feet over that granted under Appeal #4267 September 15, 1994. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the alternative relief area will not produce all undesirable change in character of neigliborhood or a detriment to nearby, properties because pa.rc:ei is extrernely small in Size at 6775+- sq. ft. (2) The benefit sought by the applicant cannot. be achieved by some method, feasible for applicant to 1)111'SLIL', otliei• than an area variance Page o2 - Appl. No. 4z67 Application of ANNE SHANNON Southold Town Board of Appeals because improved parcels of this unique size ordinarily exceed lot coverage requirements by the iiature of their size and/or shape when improved by a single-family and detached garages. (3) The requested area variance is not substantial based upon the requested 504 square feet. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because rear yard is significantly reduced by the size of the existing.attached deck and shed. (5) The situation has been self-created. (6) This action is the minimum that the Board deems 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/AC.TION: On motion by Chairman Goeh.ringer, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested, and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF AS FOLLOWS: 1 . The lot coverage is permitted to be increased only by 424 square feet for the existing deck and/or shed for a total lot coverage, all buildings, at not greater than 2,088 square feet. (Options available to applicant allows either removal of the 80 sq. ft. shed, or removal of 80 square feet from the "as built" deck area. 2. "As built" deck area shall not be enclosed or elongated. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and OSTERMANN. (Member Doyen was absent during deliberations and vote.. } This resolution ,vvas duly GERAR.D P. GOEHRINGER,= CHAIRM�iN Actions.all/123-2-26 Page 6 - Minutes Regular Meeting of August 28, 1991 Southold Town Board of Appeals internal monthly staff meetings to discuss procedures only and not issues of a pending application in all fairness to the applicant and others in the appellate process. The ZBA Chairman said also would not discourage secretary or assistant from attending each monthly staff meeting. The Chairman said that in the event information is needed about past decisions, the file is available through the ZBA office staff and questions should go through staff (example would be a 3-2 vote on an application). All agreed that it's best if everyone attend with an open mind rather than reflecting on past decisions, and anyone in the ZBA office staff or on the board is authorized to attend. AGENDA ITEMS V-C with regard to possible hearing dates on the pending Telecommunication Tower applications were not addressed. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 9:30 p.m. Respectfully submitted, Linda Kowalski GERA 4PCr(O-EHAINGE CHAIRMAN Approved for Filing la/Z/97 RECEIVED AND y^yFIL7D BY THE j01,�%7 �OUR DATE Town Clerk, Town C .