Loading...
HomeMy WebLinkAboutZBA-05/07/1997 "*APISEALS BOARD MEMBERS F �o��s11F Southold Town Hall Gerard P. Goehringer, Chairman yam► 53095 Main Road Serge Doyen o = P.O. Box 1179 James Dinizio,Jr. COD Southold, New York 11971 xjgxVWxx 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 WEDNESDAY, MAY 7, 1997 6:50 p.m. Chairman Goehringer called.the meeting to order. 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 WEDNESDAY, MAY 7, 1997 commencing at 6:50 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen Jr. James Dinizio, Jr. , Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary I. PUBLIC HEARINGS (Agenda Item I) : The legal notice and portions of each application were read for each of the following applications at the times listed below: 6:53 p.m. Appl. No. 4472 - RICHARD BOARDMAN. This is a variance application based upon three Actions of Disapproval: (a) dated March 12, 1997 to construct an alteration and additions which Disapproval states ". . .Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback . . .minimum is 10 ft. and a combination of 25 ft. total side yard setbacks are required. *Note: any further expansion of dwelling or accessory footprints may exceed 20% maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states ". . .Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20%. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.25% lot coverage; and (c) Amendment/Supplemental Notice of Disapproval dated r Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 April 14, 1997 to construct an alteration, addition and accessory garage which states: ". . .Under Article IIIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20% based on cover letter explaining reduction of amount of lot coverage by 102 sf.. from 223 to 121 sf.. because of removal of back porch 6' x 171. . . .11 Location of Property: 690 Village Lane, Orient; Parcel ID 1000-25-1-13. This parcel consists of a size of 9625+- sf. ; R-40 Zone. HEARING CONCLUDED/RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, to CLOSE THE HEARING. Vote of the Board: Ayes: All (5-0) . This resolution was duly adopted. 7:03 p.m. Appl. No. 4471 - LAWRENCE and LINDA WARREN. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the following grounds: ". . .When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII, 100-231. . . .11 Location of Property: 24380 Main Road, Cutchogue, NY; Parcel ID 1000-109-3-2.41 (Country Club Estates) . HEARING CONCLUDED/RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to CLOSE THE HEARING, pending receipt of the setback information from applicants as requested during the hearing. Vote of the Board: Ayes: All (5-0) . This resolution was duly adopted. 7:13 p.m. Appl. #4470 - WILBUR OSLER. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct additions to existing dwelling, and the application was disapproved on the following grounds: ". . .Under Article XXIV, Section 100-244B proposed construction will not have sufficient side -yard setback. A fifteen-ft. side setback is required. *Note: existing deck addition adjacent to proposed dwelling addition does not have any building permit or C.O. on record. Building Dept. will issue order to remedy. . . ." Location of Property: 8070 Peconic Bay Boulevard, Laurel; Parcel ID 1000-126-11-17. This parcel consists of approximately 32,000+- sq. ft. with 99.58 ft. road frontage. Zone: R-40 Residential. 7:20 p.m. Appl. No. 4473 - SYLVIA M. DALEY. This is a request by the owner to establish Accessory Bed and Breakfast Use in conjunction with her residence, as authorized by Special Exception for the rental of three rooms for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b) , (c) and (d) as per Section Y " Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 100-31B(14) . Location of Property: 8985 Main Road, East Marion, NY; Parcel ID 1000-31-3-17. 7:25 p.m. Appl. No. 4474 - SUZANNE CAMERON SCHUTZ. This is a vaance request based upon the March 14, 1997 Action of Disapproval by the Building Inspector, whereby an a pplication for a permit was made to construct an inground swimming pool, and disapproved on the following grounds: ". . .The proposed pool is in the side yard. In an R-120 Zone, Accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, or in the case of a waterfront parcel, accessory buildings or structures may be located in the front yard provided that such buildings and structures meet the front yard setback requirements as set forth by this code, Article 100-33C. In this case 60 ft. . Ahis lot is approximately 101,930 sq. ft. . . ." Location of Property: Middle Farms, Fishers Island, NY; Parcel ID 1000-8-1-2. 7:30 p.m. RESOLUTION to POSTPONE to 7:30 p.m, Mon. , May 19, 1997 Re: Two-Fold Application for RAYMOND FEDYNAK. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to postpone this hearing as requested by applicant's attorney pending submission of the requested single and separate search for the undersized lot(s) . This resolution was unanimously adopted (5-0) . 7:25 7:30 p.m. A short break was taken. 7:30 p.m. The meeting reconvened, with Chairman Goehringer absent for most of the next hearing due to previous ownership of the subject property by his wife's parents. James Dinizio, Jr. officiated as Chairman Pro Tem for the next hearing: 7:32 - 8:34 p.m. Continued Hearing re: Application of BARRY AND CAROL ASNESS. Map with new location sketch was recently submitted. Additional testimony and questions by members. At the . end of receiving testimony, motion was made by Member Tortora, seconded by Member Ostermann, and duly carried, to RECESS and CONTINUE the hearing on MAY 19, 1997 at 7:45 p.m. for further information (discussed at the hearings) relative to the setbacks, location of drainage basins, and a possible alternative location further away from the bluff. This resolution was duly adopted (4-0, Chairman Goehringer abstained from vote. ) 8:34 - 8:40. SHORT BREAK: Motion was made by Member Tortora, seconded by Chairman Goehringer, to take a short break. 8:41 p.m. RECONVENED: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to reconvene the meeting at this time. Y . Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 8:41 p.m. FINAL HEARING/RESOLUTION TO CLOSE: Applications by LILCO for Special Exception and fence height Variance. After receiving brief testimony from LILCO representative Bill Hoag, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: Ayes: All (5-0) . This resolution was unanimously adopted. 8:47 p.m. RESOLUTION TO CLOSE LAST OF THE WRITTEN SUBMISSIONS re: NYNEX, ORIENT. 'Receipt was acknowledged of a response from the Town Senior Planner V. Scopaz with regard to the April 15, 1997 ZBA request. Also submitted during this meeting was written documentation from Attorney Howard Pachman. Motion was made by Chairman Goehringer, seconded by Member Ostermann, and duly carried, to accept all written material submitted to date, including but not limited to the above, and to CLOSE AND SEAL the entire record. This resolution was unanimously adopted (5-0) . The Board Secretary asked if she should submit a draft of findings and property facts, with standards to be considered for the next meeting to commence deliberations procedures. The Chairman agreed affirmatively, with other members. II. SEQRA: A. TYPE II DECLARATIONS: Motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carried, , to confirm tonight's applications for public hearings involving accessory uses, setback reduction, lot coverage increase, waiver under merger law, to be Type II without the need for further steps as provided under the SEQRA regulations: (Boardman, Warren, Osler, Daley, Schutz, Fedynak) . B. SEQRA STATUS: Re: NYNEX at Orient. Town Planning Board as of 4/22/97 confirmed its Lead Agency status. ZBA and other agencies will be directly involved SEQRA agencies. III. MISCELLANEOUS/RESOLUTIONS/OTHER: A. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, and unanimously carried, it was RESOLVED, to authorize advertisement of the following additional hearing for May 19, 1997: 7:20 p.m. Appl. of CHRISTINE MCCABE. Gazebo at Old Harbor Road, New Suffolk. This resolution was duly adopted (5-0) . Page 5 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 III-B. TABLE new application: Motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carroed, to HOLD IN abeyance the new application submitted by RICHART REALTY pending confirmation in writing (or on a. map) of each lot size as proposed for reduction, and single-and-separate search dating back to 1957 for subject lot size as exists today. This resolution was unanimously adopted. III-C. CONFIRMED: Next Special Meeting and Work Session for deliberations and other confirmed as of this date to be May 19, 1997. Agenda Items to include, but not be limited to: all pending files - members to review, and deliberations are possible, re: all files identified above or on previous agenda pages, and public hearings. IV. COMMITTEE CALENDARS (no notices received as of 3 p.m. today) for either Planning and Zoning Committee or Code Committee) . V. DELIBERATIONS/DECISIONS, attached in the following order: Boardman Osler Daley Schutz LILCO SE LILCO Variance Sacks Denial (continued on next page) . INFORMAL STRAW POLL/PENDING DECISIONS: The members were polled on each of the following matters, for action at the May 19, 1997 meeting: Lawrence and Linda Warren fence - vote expected to be (4-1) for approval. (This is not to be considered an official action and will be deliberated and decided by resolution at the next meeting. ) Lawrence Suter - ZBA Secretary submitted a five-page draft of the property facts-findings, standards to be addressed, and other relative information. A consensus of three or more votes was not furnished, however, two members would agree to a form of approval. Assigned Member suggested this be a carryover to May 19, 1997, at which time recommendation (reasons for approval or otherwise) would be available, after discussing site plan questions with the Planning Board. ".APPEALS BOARD MEMBERS , C� Southold Town Hall Gerard P. Goehringer, Chairman �`Z` Gy 53095 Main Road Serge Doyen o � P.O. Box 1179 CA James Dinizio,Jr. Southold, New York 11971 Fax(516) 765-1823 Lydi�ortorra 0,( �a Telephone(516)765-1809 Maureen C. Osterman BOARD OF APPEALS TOWN OF SOUTHOLD UPDATED/CORRECTED FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4472 - RICHARD BOARDMAN PARCEL 1000-25-1-13 STREET & LOCALITY: 690 Village Lane, Orient DATE OF PUBLIC HEARING: May 7, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the westerly side of Village Lane with 76.30 ft. road frontage. This lot contains a total area of 9626 sq. ft. and contains an existing house of 1079 sq. ft. and shed (50 sq. ft.) . BASIS OF APPEAL: Request for variance based upon three Actions of Disapproval: (a) dated March 12, 1997 to construct an alteration and additions which Disapproval states: ". . .Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback . . .minimum is 10 ft. and a combination of 25 ft. total side yard setbacks are required. `Note: any further expansion of dwelling or accessory footprints may exceed 20 o maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states ". . .Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20 0. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.25 0 lot coverage; and (c) Amendment/Supplemental Notice of Disapproval dated April 14, 1997 to construct an alteration, addition and accessory garage which states: ". . .Under Article IIIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20 o based on cover letter explaining reduction of amount of lot coverage by 102 sf.. from 223 to 121 sf.. because of removal of back porch 6' x 17'. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To construct an alteration, addition and accessory garage. Garage to be 240 sq. ft. and 10 ft. from side property line, and 20 ft. from rear yard property line; Family room addition to be 320 sq. ft. ; future deck addition to be 287 Y Page 2 - May 7, 199, Southold Town Board of Appeals Re: 1000-25-1-13 (Boardman Parcel) sq. ft. ; alteration to existing bathroom of three feet towards northerly property line at seven (7) from 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 new construction will be within conformity to the architectural integrity of the surrounding properties. (2) The benefit sought by the applicant cannot be achieved by some ' method, feasible for applicant to pursue, other than an area variance because addition to bathroom space cannot be created within the existing building without extensive reconstruction. (3) The requested area variance is not substantial in relation to the code requirement because total new construction will exceed the 20 0 allowed by 1.26 0 (total: 21.26 0) . (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because relief sought will not interfere with the abutting properties and density limitations are exceeded in the area. (5) The situation has been preexisting because the house was built in the mid-1800s and additional space and alteration are needed for more comfortable living conditions. (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 Ostermann, seconded by Chairman Goehringer, it was RESOLVED, to.GRANT the relief for lot coverage and a setback at not closer than 6.5 (616"), without further setback reduction on this side in the future. VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, Tortora, and Ostermann. This resolution was unanimously adopted. Resolution Adopted 5/7/97 Actions.97/25-2.13 Y APPE.-kI.S BOARD AMBERS �SU���C,{�,G._Y Southold Town Hall 53095 Main Road Q �%. Gerard P. Goehrin�er.Chairman P.O. Box 1179 Serge Doyen v� z Southold. New York 11971 James Dinizio,Jr. d ;� . ' Fax(516)765-1833 Telephone(516) 765-1809 �1 J Lydia A.Tortora �- Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERAKIlONS AND�IEETING OF NIAY17,A1 97N ADOPTED AT REGULAR Appl. No. 4470 - WILBUR OSLER PARCEL 1000-126-11-17 Boulevard, Laurel STREET & LOCALITY: 8070 Peconic Bay DATE OF PUBLIC HEARING: May 7, FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an R-40 Residential Zone c Bay District, being situate on frontage and /102 45eof frontage of l along Boulevard 99.58 feet of roadand lot depth of 31 1 .9 ft along Great Peconic Bay. (as buikheaded) , the westerly side property lineld is This muroved with a a total for of approximately 31 ,790 sa • ft• ` existing dwelling, two-story building in the front yard, and accessory garage in the front yard, all as shown on the May 5, 1997 survey map. BASIS OF APPEAL: Building Inflo�llows:'s under Artction of DleapYXIV al dated March 10, 1997, which reads as Section 244-B "proposed construction will not have sufficient side yard setback. A 15-ft. side yard is required. . . •" AREA VARIANCE RELIEF REQUESTEDdd o all atP 3L fCu aT th To locate deck (and shower as e pis ) points (extending along the shower tension which exists also at 13 ft. setback) at the easterly sideyard. REASONS FOR BOARD ACTION DESCRIBED BELOW: uce an (1) The gz.antin� o ntcharacter of area anei nce hborhood or will not da detriment to undesirable change nearby properties because most lots are narrow and substandard in width; (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance with because the house has t is e foroth goareaear available small kitchen, which needs enlargemen (3) The relief requested is not substantial. Page 2 - May 7, 19 Y Application of WILE;;." OSLER Southold Town Board of Appeals (4) The situation has not been self-created because of the age of the dwelling and the establishes footprint location which lends to the difficulties in this project. (� 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 Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES:. Members Doyen, Goehringer, Dinizio, Tortora, and Ostermann. Th' OlutiOl jwas Lin ni ashy, adopted. GERARD P. GOEHRINGER, CHAIRMAN i Resolution Adopted May 7, 1991 Actions.97/126-11 .17 ti �PPEAL.S BOARD MEvfBERS r"SU���C Southold Town Hall 53095 Main Road Gerard P. Goehringer. Chairman P.O. Box 1179 Serge Doyen v, _ Southold, New York 11971 James Dinizio. Jr. _ ti --------------- y ® �r Fax (516) 765-1823 II vdia A.Ttor� �j O r Telephone (516) 765-1809 yra Ireen stermann � BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4473: SYLVIA M. DALEY PARCEL ID: 1000-31-3-17 STREET & LOCALITY: 8985 Main Road, East Marion DATE OF PUBLIC- HEARING: May 7, 1997 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-31B(14a-d) , Zoning Code as amended. 2-7-95 by Local Law 43-1995 which provides for an allowance of not more than three bedrooms for rental as an Accessory Bed and Breakfast, subordinate and incidental to the residence of the applicant in a principal single-family dwelling, for lodging and serving of breakfast to not more than s� (6) casual, t��a:lsieat roomers in accordance with conditions (a) , (b) , (c) and (d) as per Section 100-31 B(14) . FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is situate along the north (n/w) side of Main Road, East Marion, Town of Southold with 110.27 ft. road frontage and a lot depth of 293.06 along the easterly side property line. This lot contains a total lot area of .749 of an acre and isimproved with a single-family dwelling, as more particularly shown on survey dated June 16, 1994 prepared by Roderick VanTuy 1, P.C. REASONS FOR BOARD ACTION DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. Page 2 - May 7, 1OP 7 r Appl. r4473 - Sylvi,. -aley B&B , Southold Town Board. of Appeals 5) this use is listed as an authorized accessory use subject to a Special Exception review and approval by the Board of Appeals; 6) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code, which are noted as follows: Section 100-263: A. This use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use .districts because it is accessory to the owner's residence and operated by the owner. B . This use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located 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 would not be adversely affected by the proposed use and its locations. D. This use would be in harmony with and promote the general purposes and intent of this chapter. E. This use would be similarly 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. F. The use of this building, as proposed, is to continuously be accessible not only for parking of guests but also for fire and police vehicles. Section 100-264: In making this determination, additional consideration has been given to the following: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permitted use is not affected by this use. B . The conservation of property values and the encouragement of the most appropriate uses of land is not affected by this use. Page 3 - May 7, 19.9 Appl. 44473 - Sylvia Daley B&B Southold Town Board of Appeals C. There will be no adverse effect to traffic or unsafe cessory use conditions in the location of the prop osed and its location when the owner complies with the conditions under which this permit is issued. D. There is availability of adequate and proper public or supply and facilities for the treatment, private water removal or discharge of sewage or refuse related to this use. E. The use will not cause, or give off, obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation in pursuance of the use will -not interfere Tvitli any public or parking, or of recreational facilities. H. The necessity for (ou-site) off-street parking of vehicles incidental to the use and three spaces are reasonably adequate and sought to ben used on this d can be r othed by the owner of . where the use will be located. I. There will be no hazard to life, limb or property because of fire, flood, erosion or panic created by reason of or as a result of the use proposed, and there will be accessibility 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. The use or the structures to be used therefore will cause an overcrowding of land or undue concentration of Population. K. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation. L. ly r to The use le operated is nt theater, recreational area orbotheraplaccea church, school,, of public assembly. M. The site of the proposed use is particularly suitable for such residential accessory use. Page 4 - May 7, 10" -- v Appl. #4473 - Svlv:w-Jalev B&B Southold Town Board of Appeals N. Adjacent properties and land uses will not be affected by any possible detrimental impacts of the proposed use. O. Adequate provision has been made for' the collection and disposal of stormwater runoff, sewage, refuse and other waste which the proposed use would generate. P. The natural characteristics of the site are such that the proposed use may be introduced 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. BOARD ACTION/RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, and with the FOLLbWING CONDITIONS: 1) parking spaces sliall be perpendicular to the Main Road. 2) no backing out of vehicles onto Main Road whatsoever. 3) three outside parking spaces are required on-site upon the applicant's property, as shown on the sketch submitted by applicant to the board. 4) compliance at all times with the zoning code, and other laws and regulations applicable to this accessory use. (Note: Applicant is to return to the Building Department for final approval for accessory bed and breakfast occupancy.) VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr. , Lydia A. Tortora, Maureen Osterman, and Gerard P. Goehringer. This resolution was unanimously adopted 5-0. ------------------ Actions.97/31-3.17 ZBA:Ik GERARD P. GOEH GER, CHAIR)AAN Resolution Adopted May 7, 1997 y 'APPEALS BOARD 1NtEMBERS Southold Town Hall �O G 53095 Main Road Gerard P. Goehringer,Chairman of 1 v. P.O. Box 1179 Serge Doyen v y z Southold. New York 11971 James Dinizio.Jr. p Fax (516) 765-1823 10 4� rr Telephone (516)765-1809 Lydia A.Tortora _ Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETER'IINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4474 - SUZANNE CAMERON SCHUTZ PARCEL 1000-S-1-2 STREET & LOCALITY: Private Road off East End Road, at Middle Farms, Fishers Island DATE OF PUBLIC HEARING: 'lay 7, 1997 PROPERTY DESCRIPTION: This property is located in aofR 1 0idea"htaorZwa District, Middle being situate at the southerly end private Farms, Fishers Island, New York nd contains a total a area of with frontage along 'Iicict'_e Farms Pond, 101 ,930+- sq. ft. The November 12, 1996 survey shows the property is improved withsingle , two-story dwelling and private dock area for the residents' uses BASIS OF APPEAL: Building Inspector's Action of YYIIIr Sectional ed September 16, 199G reads as follows: under Article 100-239.4B , "proposed deck addition to dwelling will have less than ba01k1�rBoald ofttAppeals 40 ft. indicated. the required 75 feet set Action required be the 5 AREA VARIANCE RELIEF REQUESTED o hh a than WeC required rear yard accessory swimmingpool Y or required front yard on this waterfront parcel, as shown on the November 12, 1996 Chandler, Palmer & Icing site plan map at more than 100 feet from all property lines, except that the distance proposed to the bulkhead at its closest (corner) point is 85 feet (63+- feet to patio) . REASONS FOR BOARD ACTION DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in user Ll ee locatio 1�sbsituat d atathetcenter of nearby properties beta the lot, it is wooded and not visable off-site. (2) The benefit �S011gllt by the arprlsue, othert be thanaan area eved var ante method, feasible for applicant to p because the topography of the land, and requirements of the Town Page 2 - May 7, 19S- Appl. =4474 - Suzar Cameron Schutz Southold Town Board of Appeals Trustees and the wetlands ordinance; also the land falls off on three sides from the pool - it is a hillside. (3) The requested area variance is not substantial because there is more than adequate lot area which does not affect neighboring properties. (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 N.Y.S. Department of Environmental Conservation and Town Trustees (environmental agencies) have reviewed this project. (5) The situation has not been self-created because this is a new project in the most practical location considering all circumstances relative to the property and its improvements. (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 neighborlood, and the health, safety, welfare of the community. RESOLliTION/ACTION: On motion by Member Doven, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted. �� J GERARD P. GOEEMINGER, CHAIRMAN / Resolution Adopted May 7, 1991 Actions.97/8-1.2 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman J;�� - , 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. ' `n Southold, New York 11971 R��f? iXX � Fax(5I6) 765-1823 Lydia A.Tor[ora Telephone(516) 765-1809 Maureen C. Os termann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 7, 1997 Appl. No. 4429SE - LILCO/STYPE; PARCEL 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 122 1996; March 13, 1997, April 10, 1997, April 24, 1997, May 7, 1997. PROPERTY DESCRIPTION: This property is located in a B-General Business Zone District, being situate on the southerly side of the Main Road (State Route 25) . It contains a total lot area of 39,798 sq. f t. and is vacant unimproved land, all as more particularly shown on map submitted for consideration and made a part of the file under date of Novem- ber 6, 1996. RELIEF REQUESTED BY APPLICANT: To construct public utility compressor station (structure) on vacant land, subject to site plan approval by Planning Board and conditions as may be required by the Board of Appeals. BASIS OF APPLICATION: Article X, Section 100-101B(1) , (ref: Article III, Section 100-31 B(G) which reads as follows: "Special Exception by approval of the Board of Appeals, . . . are subject to site plan approval by the Planning Board: ". . .B(6) Public utility right-of-way as well as structure and installation necessary to serve area within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed REASONS FOR BOARD ACTION, DESCRIBED BELOW: 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 it is a busy commercial district; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties - commercial zoning, and established commercial businesses, all surround this site, and the use has adequate parking and available open space; Page 2 - May 7, 199!1 c i3A Meeting Special Exception for LILCO/STYPE Parcel u1000-122-7-G.6 3) This use will riot prevent orderly and reasonable uses proposed or existing in adjacent use districts, for the same reasons as noted in #1 and 72. 4) No evidence has been submitted to showto a the wou safety, health, welfare, comfort, convenience, order of e affected, in fact, testimony was given concerning the safety of the surrounding area in the event of an emergency such as a gas leak or fire. This concern included ion llof response th area. In time In light company this - personnel and possible situation the applicant has contacted the Mattituck Fire District and has agreed to notify the Fire Department on a first-call basis as per letter dated January 20, 1997. While a specific evacuation plan was requested and not es received,haee it the is assumed teffect that dttecotoathe� the intimate fire department first i knowledge of the area. 5) testimony was also taken concerning the smell of petroleum contamination. The N.Y•S. Department of En�-ironmental Conservation reviewed the applicant's report and determined that no further action will be required at this time; D .E.C. Letter dated April 11, 1997 reads as follows: April 11, 1997 Mr. Thomas J. Campbell LILCO 445 Broadhollow Road Melville, NY 11747 Re: Route 25 and Hobson Drive, Mattituck, NY Dear Mr. Campbell: " . . .I have reviewed the April 1997 investigation report for the referenced site. you have completed Based upon a review of the report, y the investigation concerning petroleum contamination at this time. This office has no further requirements regarding petroleum contamination for the ironmental referenced site at problems this be time. Should additional e discovered at this site, this office will require further action at that time. If you have any questions, please call me SincerKaren J. Gomez, P.E. Acting Regional Spill Engineer, N.Y.S. Dept. of Environmental Conservation. . . .'' Page 3 - May 7, 19 7BA Meeting Special Exception fc_ WILCO/STYPE ' Parcel 41000-122-7-6.6 6) In a letter dated April 25, 1997, the N.Y.S. Department of Environmental Conservation suggested some actions be taken to reduce water infiltration through the subsurface material due to buried construction material on the southerly portion of this property. 7) it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of public utility use is to be authorized after full review. 8) all units and site access-egress areas will remain accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet all fire/building regulations. 9) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT this Special Exception with the FOLLOWING CONDITIONS: 1 . Compliance by applicant with the- contents of the letter dated January 20, 1997 to the Mattituck Fire Department; 2. Compliance by applicant :with the contents of the letter dated April 25, 1997 from the N.Y.S. Department of Environmental Conservation, and applicable codes and regulations. VOTE OF THE BOARD: AYES: Members Dinizio, Doven, Tortora, Ostermann and Goehringer.. This ution w nani tsly adopted. RARD P. GOEHRI GER, CHAIWAN Resolution Adopted 5/7/97 -------------------- Actions.97/1227-6.6 APPEALS BOARD MEMBERS _ %X rfFoC, �; Southold Town Hall �zx�� 53095 Main Road Gerard P. Goehringer. Chairman P.O. Box 1179 Serge Doyen r, a Southold, New York 11971 James Dinizio, Jr. ' �- o r _ Fax (516) 765-1823 Telephone (516) 765-1809 Lydia A.Tortora — Ol �_ - Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOLTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4430 - LILCO (STYPE, Owner) PARCEL ID: 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 12, 1996; and March 13, 1997; April 10, 1997, April 24, 1997; May 7, 1997. PROPERTY FACTS/DESCRIPTION: This property is located in a B-General Business Zone District situate on the southerly side of the Main Road (State Route 25) . It ft. a contains a total lot area of 39,798 sq. and is vacant, unimproved land, all as Incre particularly sl.own on of LNovemberbmitted oG,consider- land,ion and made a part of Ie file -InderRELIEF REQUESTED BY APPLICANT: To erect fencing surrounding proposed new construction (public utility compressor station) , all lations of the zoning code (via PB) . subject to the site plan regu BASIS OF APPLICATION (AREA VARIANCE): Article XXIII, Section 100-231-A which reads as f0110-:s: "Fences, walls and berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard . . . of nonresidential zones, the same shall not exceed arxvardsietheet jsamega lhall note exceed 6 1/2 feet and along side anen located in ti in height. REASONS FOR 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 as stated by the applicant, the fence will a from unauthorized entry and provide security to protect the are vandalism; (2) the benefit sought by the applicant cannot be achieved by some method, feasible f f°fence ll(from bott m)pursue, willother provide minimum secarea urity nce because an 8t for this unmanned operation; (3) the requested area variance is not substantial at this height which amounts to eight feet total from base or lower ground level instead of the maximum permitted of sit feet in a front yard location of a non-residential lot, or 6-1/2 f t. in side and rear - Page t - ]1ay7, 19 ' } Decision Re: LMCC :rariance) Southold 'Town Board of Appeds location; the board finds that the benefit to the community in increased security is an overriding factor in granting this variance. (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 fence will be sufficiently setback from , the property line; . (5) the situation has not been self-created because building a fence to code would provide less security to the property and to the surrounding area. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the fence height relief SUBJECT TO THE FOLLOWING CONDITION: That all lighting be shielded- to property. VOTE OF THE BOARD: AYES: Members Dinizio, Doyen, Tortora, Ostermann and Goehringer. T olution_�wa� unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN Resolution Adopted 5/7/97 ------------------------- Actions.ZB/1227-6.6/p4 (Continued from above) (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. APPEALS BOARD MEMBERS UFF i'll Southold Town Hall Gerard P. Goehringer,Chairman ;' ���,pre G��� 53095 Main Road Serge Doyen v � ' P.O. Box 1179 James Dinizio,Jr. y H Southold, New York 11971 R + Y Fax(516)765-1823 Lydian A.TortoaX Fax ao �� Telephone (516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4410 - GARY SACKS and A. SCHLESINGER PARCEL 1000-145-4-7 STREET & LOCALITY: 125 Mesrobian Drive, Laurel, NY DATES OF PUBLIC HEARINGS: October 17, 1996; December 12, 1996; (February 6, 1907) ; April 10, 1997; April 24, 1997. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the easterly side of Mesrobian Drive (private road) with 68.47 ft. road .frontage, and 91.26 ft. frontage along Great Peconic Bay. This lot contains a total area of 14,261 sq. ft. and is improved with the following: ' one-story stucco house (single-family) with attached porch and fence near property lines, as depicted on the June 26, 1990 survey map. BASIS OF APPEAL: Building Inspector's .Action of Disapproval dated July 16, 1996, which reads as follows: ". . .under Article XXIII, Section 100-239.4B, proposed deck addition to dwelling will have less than the required 75 ft. setback from the bulkhead - 40 ft. indicated. Action required by the Zoning Board of Appeals. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new 35 ft. wide by 15 ft. deep deck addition at the rear of existing dwelling more particularly shown on sketches prepared and submitted for applicant under this application, with proposed setbacks at: (a) 55 feet to bulkhead from deck at its closest point, and (b) 45 ft. to bulkhead from the bottom of steps at its closest point. REASONS FOR ALTERNATIVE AND 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 adjacent parcels are all undersized. (2) The benefit sought by the applicant cannot be achieved by , some method, feasible for applicant to pursue, other than an area variance because the placement of the dwelling as established creates the proposed deck location to extend toward the bulkhead (northeast side of the property) . (3) The requested area variance is substantial because of the substandard size of this parcel., . Page 2 - Appl. No. l (Sacks) Decision Rendered May 7, 1997 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 deck is landward of bulkhead and there will not be a need to regrade any portion of this lot by the installation of an open deck addition to dwelling. (5) The situation has been self-created because of the size of the lot and the extensive angle of the dwelling on the parcel. (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 Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as applied, AND BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF FOR A 12-FOOT DECK EXTENSION SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck shall be without a roof, and without a lattice top. 2. Deck shall remain open (fully) to the sky. 3. Deck addition shall not exceed '12 ft. past the dwelling, which will leave a setback at approximately 52 ft. from the bulkhead at its closest point and at approximately 70 ft. at the opposite corner of the deck to the bulkhead. 4. Deck lighting shall be shielded to the deck area only without glare or, disturbance to neighboring or nearby properties. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, OSTERMAN N. NAY: MEMBER TORTORA, AS TO ALTERNATIVE RELIEF, for the reason that ar�open, ground level patio could be an alternative. This resolution was duly ADOPTED, 4-1. L GERARD P. GOEHRINGER, CHAARMAN Resolution Adopted May 7, 19 7 Actions.97/145-4.7 • ',, • Page 6 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 Before adjourning, the Chairman indicated that there will be also be two Regular Meetings in June, the first being June 5th commencing at 6:45 p.m. ; the second to be June 19th, at which time hearings will be advertised commencing at 6:45 p.m. The meeting was adjourned at 9:45 p.m. Respectfully submitted, 1 jL�zrI�2.�'�-c • inda Kowalski jResolu ion 6/ 97 Gerard P. Goehringer, Chairman IVED AND FILED BY THE SOUTHOLD TOE 14 CLERK DATE 6 W q7 HOUR 16 ' 4 15 Town Clerk, Town of Southold