HomeMy WebLinkAboutZBA-07/10/1997 . J .
APPEALS BOARD MEMBERS $�FFOI�
C� Southold Town Hall
Gerard P. Goehringer,Chairman h`Z` Gym 53095 Main Road
Serge Doyen P.O. Box 1179
James Dinizio,Jr. o Southold, New York 11971
Fax(516)765-1823
Lydia A.Tortora �0,� �a0 Telephone(516) 765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
REGULAR MEETING
THURSDAY, JULY 10, 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, JULY 10, 1997 commencing at 6:45 p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Jr.
James Dinizio, Jr. , Member
Lydia A. Tortora, Member
Maureen C. Ostermann, Member
6:48 p.m. Chairman Goehringer called meeting to order.
AGENDA ITEM I. PUBLIC HEARINGS:
After introduction and reading of the applications for each public
hearing, testimony was received on the following. See written verbatim
transcripts prepared separately for reference as needed and permanent
recordkeeping.
6:50 p.m. Appl. No. 4494 - ANTONIO PIRAINO. This application is
based upon the Building Inspector.'s June 1997 Action of Disapproval, for
a Variance under Article III, Section 100-32, Bulk Schedule, permission
to place new dwelling with insufficient front yard setback from right-
of-way which passes through center of applicant's property, and reduced
rear yard setback. Location of Property: 3637 Right-of-Way off the
west side of Cox Neck Road, Mattituck; 1000-113-3-2.3. Zone: R-80.
At the end of discussions during the hearing, motion was made by
Chairman Goehringer, seconded by Member Dinizio, to RECESS the
hearing, as a continuation to be held at the Regular Meeting of the ZBA
scheduled for August 14, 1997. Vote of the Board: Ayes: All; none
opposed. This resolution was duly adopted. A tentative visit to the
site for viewing of the property by ZBA Members was confirmed by the
Chairman for July 19, 1997 at approximately 1:00 p.m.
6:55 p.m. Appl. No. 4493 - ANDREW LETTIERI. This application is
based upon the Building Inspector's June 2, 1997 Action of Disapproval,
l
Page 2 - Minutes
Southold Town Board of Appeals
Regular Meeting of July 10, 1997
for a Variance under Article III-A, Section 100-30A.3 of the Bulk
Schedule, for permission to place new dwelling with an insufficient rear
yard setback. Zone: R-40 Zone. Location of Property: 1720 Arrow-
head Lane (west side) , Peconic; 1000-98-2-12.1. At the end of
discussions, motion was made .by Chairman Goehringer, seconded by
Member Tortora, to close (conclude) the hearing. Vote . of the Board:
Ayes: All (none opposed) . This resolution was duly adopted.
7:15 p.m. Appl. No. 4492 - WALTER KLEIN. This application is based
upon the Building Inspector's May 28, 1997 Action of Disapproval, for
building permits in the "as built" construction of accessory garage in an
area other than the required rear yard and deck addition with an
insufficient front yard ' setback from private right-of-way (easterly
property line) and excessive lot coverage, at 3235 Manhanset Avenue,
Greenport, NY; 1000-43-1-8. Zone: R-40. Property size: 6821 sq. ft.
At the end of discussions during . the hearing, motion was made by
Chairman Goehringer, seconded by Member Dinizio, to RECESS the
hearing for a continuation at the Regular Meeting of the ZBA for
August 14, 1997 (approximately 7:00 p.m. ) .
8:00 p.m. Appl. No. 4480 - NICKHART REALTY. The hearing
continued (see written transcript of hearing prepared under separate
cover) . At the end of discussions, motion was made by Member
Goehringer, seconded by Member Ostermann, to close (conclude) the
hearing. Vote of the Board: Ayes: All, none opposed. This
resolution was duly adopted.
8:27 p.m. Short break. Motion was made by Chairman Goehringer,
seconded by Member Tortora, to recess for an approximately
three-minutes break. This resolution was duly adopted.
8:33 p.m. Meeting reconvened.
8:35 p.m. Appl. No. 4490 - RICHARD AND THERESA SIRIANO. This
application is based upon the April 19, 1997 Action of Disapproval issued
by the Building Inspector, for a Variance under Article XXIV, Section
100-244C and Section 100-33 for permission to locate an accessory garage
building in a front yard to less than the required 40 ft. front yard
setback provided by Article III, Section 100-33C and Article XXIV,
Section 100-244B pertaining to waterfront lots of less than 40,000 sq.
ft. in size. Zone: R-40. Location of Property: 600 Beebe Drive,
Cutchogue, NY; County Parcel 1000-97-7-5; also known as Lot #29,
Moose Cove Subdivision Map.
8:49 p.m. Applications of ARTO KHRIMIAN for variance relief, based
upon the April 28, 1997 Action of Disapproval of the Building Inspector
in which applicant was denied a building permit to continue construction
for the following reasons:
a) Article XXIV, Section 100-242B(1) : a nonconforming building
containing a conforming use which has been damaged by fire or other
causes to the extent of more than fifty (50%) percent of its fair value
shall not be repaired or rebuilt unless such building is made substan-
Page 3 - Minutes
Southold Town Board of Appeals
Regular Meeting of July 10, 1997
tially to conform to the height and yard requirements of the Bulk
Schedule (see Section 100-244B Nonconforming Lot - Bulk Schedule).
b) Chapter 46, Section 46-18A: new construction and substantial
improvements shall be elevated on pilings, columns or shear walls such
that the bottom of the lowest horizontal structural members supporting
the lowest elevated floor is elevated to or above the level of the base
flood so as not to impede the flow of water. Note: Building Permit No.
22965 dated August 24, 1995 authorized applicant ". . .to renovate and
alter an existing single-family dwelling as applied for. . . ." Location
of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13.
Total lot size: 2125 sq. ft.
After receiving testimony during the hearing, motion was made by
Chairman Goehringer, seconded by Member Tortora, and duly carried, to
close the hearing, pending receipt of the builder's estimate. This
resolution was duly adopted.
End of Hearings.
II. SERRA:
A. Type II Designations: Motion was made by Chairman
Goehringer, seconded by Member Dinizio, and duly carried, to confirm
Type II Designations involving accessory uses, setbacks, lot-coverage,
waivers for lots based on original deed creating lines
as exist for Piriano, Lettieri, Klein, Siriano, Khrimian. Vote of the
Board: Ayes: All, none opposed. This resolution was duly adopted.
III. RESOLUTIONS/OTHER/WRITTEN CORRESPONDENCE:
A. RESOLUTION: Motion was made by Member Tortora, seconded
by Member Dinizio, and dulyc arried to RE-CALENDAR for a continued
public hearing the Matter of Application of Mary Tangney as requested
by applicant for the ZBA Meeting of August 14, 1997. Vote of the
Board: Ayes: All, none opposed. (Note: The applicant has confirmed
that she does not wish to change the map and wants to proceed with the
Board as filed for a final hearing and determination on her application.)
B. The Board discussed the letter received from the Planning
Board Chairman which requests an opinion/response as to whether or not
use of a registered truck/vehicle requires a building permit or zoning
use authorization by special exception when it is used for take-out food
service at an established take-out restaurant, B-General Business Zone.
Truck is also referred to as a "hot-dog trailer." The opinion of the
Board is that mobile sales is not a permitted use and a truck is not a
structure_ .
C. (Agenda Item E). Letter from Jeanne Grim to the ZBA. The
opinion of the Board is that Oregon .Road Recycling, Inc. has received
zoning approvals which will authorize the repair of motor vehicles under
Page 4 A - Minutes
Southold Town Board of Appeals
Regular Meeting of July 10, 1997
Appl. No. 4041 issued September 12, 1991 and June 25, 1986. Permitted
activities include up to 10 o for advertisement of repaired vehicles, as
well as dismantling, salvaging, and repairs. Property ID #1000-83-3-4.5
(a/k/a 11910 Oregon Road, Cutchogue. Operator: Don Grim.)
DELIBERATIONS/DECISION: Due to the extra time between hearings,
the Chairman proceeded to the Deliberations-Decision items on the
Agenda, in the MATTER OF TIIE APPLICATIONS OF:
Louis Moore Bacon (Robins Island).
Andrew Lettieri
Richard and Theresa Siriano.
See following pages which are copies of the originals filed with the
Town Clerk's Office as adopted at this time for the above.
4g M����tes of Ju. 997 �
APPEALS BOA bMEMBERS _etf FUIC
Southold Town Hall
Gerard P. Goehringer, Chairman �4CG�� 53095 Main Road
Serge Doyen coo = P.O. Box 1179
James Dinizio,Jr. o Southold, New York 11971
Fax (516)765-1823
Lydia A.Tortora �Ol , ��� Telephone (516) 765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY 10, 1997
Appl. No. 4491 - Louis Moore Bacon
LOCATION OF PROPERTY: Robins Island
PARCEL 1000-134-3-5
DATE OF PUBLIC HEARING: June 19, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-400 Zone District, near North Race
in Great Peconic Bay consisting of 434+- acres.
BASIS OF APPEAL: ZBA Conditional Action rendered March 6, 1996
under Appl. No. 4354.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: This is an
application , requesting approval for modification, in part, of
Variance Project T4354 approved by the Board of Appeals March 6,
1996. The specific areas requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce
size, scope and reassignment of sleeping quarters, and location
slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic
sleeping quarters of two staff employees (reassignment) .
(2) B.5 DUCK INN-COTTAGE: restore building and add use of
periodic sleeping quarters for one employee.
(3) B.1 LANE LODGE-HOUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2 stories as
originally requested.
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 this is a parcel which lies one mile from
any other real property in the.. Town of Southold, and change
requested. will.-not..have a detriment to:the.island
Page 2 - July 10, 199, - Appl. #4491
Re: 1000-134-3-5 (Moore/Robins Island)
Southold Town Board of Appeals
(2) The requested area variance is not substantial and is a minor
modification from March 6, 1996 determination.
(3) The proposed variance will not have an. adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the island is 434 acres in size and the relief
requested is minor modification.
(4) The situation has not been self-created.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief, as applied.
.1
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio,
Tortora, and Ostermann. This resolu ' as ad b nan'mous
vote (5-0) .
GERARD P. GOEHRIXGER, C/OAIRMAN
Resolution Adopted July 10, 1997
Actions.new/134-3-5
APPEALS BOAPI 9M�lY1 fO ites of Ju 997
��gUFFOC �,
O Southold Town Hall
Gerard P. Goehringer,Chairman :���® Gym 53095 Main Road
Serge Doyen o = P.O. Box 1179
ca
James Dinizio,Jr. n=, Southold, New York 11971
@VW0@ �!411 � Fax (516) 765-1823
Lydia A.Tortora Ol ��O Telephone (516) 765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY'10, 1997
Appl. No. 4,190 - RICHARD SIRIANO
PARCEL 1000-97-7-5
STREET & LOCALITY: 600 Beebe Drive, Cutchogue
DATE OF PUBLIC HEARING: July 10, 1997.
` FINDINGS OF FACT
PROPERTY DESCRIPTION:
This property is located in an R-40 Low-Density Residential Zone
District, being situate along Beebe Drive and fronting along a canal
of East Creek. This lot consists of a total area of approximately
22,200 sq. ft. , lot width (frontage) along Beebe Drive of 100 feet
and average lot depth of 220 feet. This lot is improved with a
single-family, 1-1/2 story dwelling with frarne deck and walk as
shown on the survey last dated April 17, 1997.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
April 29, 1997, which states that in the case of a waterfront parcel,
accessory buildings and structures may be located in the front yard,
provided that such buildings and structures meet a minimum front
yard setback 40 feet. The side yard setback is shown to be the
minimum requirement at five feet (as per 100-244B for lots having
22,200 sf in size) .
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate an
accessory garage on a waterfront lot at 28 feet (closest setback) and
32 ft. front yard at the opposite front yard setback. Article III,
Section 100-33 requires a minimum of 40 feet from the front property
line.
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 two houses to the northeast visually
appear in harmony with the adjacent house to the northeast.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance.
(3) The requested area variance is not substantial . representing
approximately 30 percent variation for the front yard setback.
Page 2 - July 10, 199.
Appl. #4490 - 1000-97-7-5 (Siriano)
Southold Town Board of Appeals
. (4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because it will improve a flooding condition as documented
by applicant's attorney.
(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 Member Dinizio, seconded by
Member Tortora, it was
RESOLVED, to GRANT the relief as applied With electric utility only .
VOTE OF THE BOARD: AYES: Members Doyen, Goeliringer, Dinizio,
Tortora,. and Ostermaiiii. This resolution was adopt - unanimous
vote (5-0) . /
r
,GERARD P. GOEHR- NGER, CH
�RMAN
Resolution Adopted 7/10/97
Actions.All/97-7-5
"' APPEALS BOARD MEi��R�O Minutes o 1997
O�QSUf �Iire"G� Southold Town Hall
Gerard P. Goehringer, Chairman �� y` - 53095 Main Road
Serge Doyen - P.O. Box 1179
`4 = Southold, New York 11971
James Dinizio,Jr.
Fax(516) 765-1823
Lydia A.Tortora �IOj � Telephone (516)765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY -10, 1997
Appl. No. 4493 - ANDREW and BERNICE LETTIERI
PARCEL 1000-98-2-12.1 (combined 11 & 12, former lot numbers)
Also referred to as lot numbers 29 and 30 on the Map of
Arrowhead Cove filed with the County Clerk as Map No. 3810.
STREET & LOCALITY: 1720 Arrowhead Lane, Peconic
DATE OF PUBLIC HEARING: July 10, 1997
PROPERTY FACTS:
DESCRIPTION: This property is a conforming lot located in an R-40
Zone District, being situate on the westerly side of Arrowhead Lane,
Peconic. This lot contains a total area of 40,800 square feet, 255
ft. road frontage, and lot depth of 160 feet.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
June 2, 1997 which reads as follows: under Article IIIA, Section
100-30A.3 of the Bulk and Parking Schedule in an R-40 Zone the
proposed construction at 38 ft. 4 inches will have insufficient rear
yard set back. The required rear yard setback is 50 ft. minimum.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: -To reduce
rear yard setbacks relative to two sections of the proposed new
dwelling to 3814" from the rear of the house to the westerly property
line at the southwesterly end and approximately 47 feet at the
northwesterly end of the proposed dwelling as shown on House Plan
No. 181OF dated 4/25/97 (preliminary date of 4/1/97) prepared for
applicants by George H. Fisher. Also submitted for consideration is
a survey amended October 8, 1997 prepared by Roderick VanTuyl,
P.C. The proposed front yard setback is shown at 50 feet.
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 the rear yard or westerly side abuts a
vineyard which has a buffer zone of a wire fence and two rows of
trees measuring approximately 20 ft. wide. The southerly and
northerly setbacks exceed the minimum requirement of 35 feet. The
front setback meets the 50 ft. requirement.
Page 2 - July 10, 199
Appl. #4493: 1000-98-I'l-,2. 1 (Lettieri)
Southold Town Board of Appeals
(2) The benefit sought by the applicant can be achieved by some
method, feasible for applicant to pursue, other than an area
variance, however, it would entail considerable revision in the
proposed House Plan and would not produce the desired results for
the applicants.
(3) The requested area variance is not substantial.
(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 proposed IIouse Plan in relation to size of lot
precludes any interference witli neighboring properties.
(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 preserve and protect the character of
the neighborhood, and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Ostermann, seconded
by Chairman Goeliringer, it was
RESOLVED, to GRANT the relief- as applied.
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio,
Tortora, and Ostermann. This resolution was adopted by unanimous
vote (5-0) . /J -
GERARD P. GOEHRINGER, CHAIRMAN
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Actions.97/98-2-12. 1
l
Page 5 - Minutes
Southold Town Board of Appeals
Regular Meeting of July 10, 1997
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
Linda Kowalski
Board Secretary
erard P. Goehringer, C irman
Approved at Meeting of 8//,0/97
RECEIVED AND FILED BY
THE aO�UTIlOLD TOWN CLERK
DATE HOUR
Town Clerk, Town of Southold