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HomeMy WebLinkAboutZBA-07/03/1984-SPEC o a Southold Town Board of Appeals • �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S JULY 3 ; 1984 SPECIAL MEETING A Special Meeting of the Southold Town Board of Appeals was held on Tuesday ; July 3 , 1'984 at 7 : 00 o ' clock p . m. at the Southold Town Hall , Main Road , Southold , New York. Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis , Jr. ; and Joseph H . Sawicki . Member Douglass :arrived at 7:25 o'.clock p.m. , and Member Doyen was absent due to weather condi - tions (Fishers Island ) . Also present was Victor Lessard , Building Department Administrator . The Chairman opened the meeting at 7 :00 o ' clock p .m. RESERVED DECISION PENDING : Discussion : Appeal No . 3232 . Matter of BERTRAM AND MARGERY WALKER. (Public Hearng was held and closd June 21 , 1984 , pending .deliberations . _) The board members recalled some of the particulars of this application and the hearing testimony and decided to deliberate and make a deter- mination when the entire board .was present for additional input . Member Douglass arrived at 7::25 p:m. prior to Carrig , infra . RESERVED DECISION : Appeal No'. 3246 . Application for PATRICK CARRIG and MARK S. McDONALD (Owners : Eric and Nancy Malm) , Richmond Road , Southold , NY for a _Variance for approval of access , New York Town Law , Section 280-A over a private. right-of-way located at the north side of Bergen Avenue , Mattituck , NY to premises identified as County Tax Map Parcel No . 1000-112-01 -018 , containing approximately 3 . 8 acres . The public hearing on this matter was held June 21 , 1984 . The board made the following findings and .determination : uthol d: .Town Board -'01 ppea.l s -2- July 3 , 1 Special Meeting (Appe,al. No . 3246. = PATRICK CARRIG and MARK S . McDONALD , continued : ) By this 'appeal , applicants seek approval of access over a private right-of-way one 'rod (16 . 5 ' ) in width having a traveled width of approximately eight feet and varied lengths commencing at a point on the north side of Bergen Avenue , as follows : (a ) north 998. 33 feet , (b) east 140 .00 feet , (c ) north 2226 . 71 feet , and (d) 15 feet westerly along the southerly . side of the parcel in question , as shown on survey prepared by Otto-W. VanTuyl' and Son January 31 , 1964 for Eric-.S. Malm. The following report has been prepared indicating as follows : iV. - The right-of-way .is •on original ground. . Within the first 200 ::feet of length , there -As some gravel content, and the base of the right-of-way is in fair condition i,n need of some improvements. The last 250 . feet of length also has Some gravel content. The traveled right-of-way appears to be within the perimeter of the legal 16. 5-foot right-of-way , except at the sharp-.turn areas where . over-sized vehicles would appear to have difficulty staying within the right-of-way.. The board members agree that improvements are necessary for sufficient and safe accessibility by emergency and other vehicles ," and are subsequently noted herein.. The parcel ` in' question is vacant an'd contains 3. 949 acres with 174. 35 feet of .fron'tage along a private right-of-way. For 'the record it is noted that there is an 'application. under Appeal No. 3217 for Joseph Wanat re-questing an area variance in a proposed set-off (division ) of land , which appears to accessible by this same right-of-way. In considering this appeal , the board also determines : (a) that the relief requested is not substantial under the circumstances Of this appeal ; (b) that -by :granting the relief requested , the character of the neighborhood will not be adversely affected or changed ; (c) that by allowing the variance , no substantial detri- ment to adjoining properties'.would be created; (d ) no adverse effects will be produced on available governmental facilities of any increased population if the-. variance is allowed; (e ) that the interests of justice will be served by allowing the variance as indicated below. Accordingly, on motion by Mr. Sawicki , seconded it was by Mr: Douglass , RESOLVED, that Appeal No., 3246;-, application for PATRICK CARRIG and MARK 'S: 'MCDONALD for approval o-f access , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1 . The subject right-of-way must be improved and cleared of all brush or other obstruction a minimum width of twelve (12) feet fr . the following manner: (a ) Remove topsoil and loam for a depth of one foot; (b ) Replace topsoil and loam with a good grade of clean fill . Southold Town Board o', ,ppeals -3- July 3 , 15 _ Special Meeting (Appeal No . 3246 - PATRICK CARRIG acid MARK S.­Mc.DO.NALD, contin.ued . ) (c ) Place a six-inch (6" ) base course of bankrun with 20% of gravel and 1.5% of loam content,'"or equal , on the replacement material ; (d ) Place a two-inch (2".) top course of 3/4" stone blend on the bankrun; (e ) Low areas must be raised to level of adjacent properties and culvert pipe installed at two low areas . , 2 . Pending and future subdivisions (or set-offs ) along this right-of-way require re-application 'to the ZBA. for additional review for access approval ; 3 . Right-of-Way must be continuously maintained in good , satis- factory condition for access by emergency and other vehicles ; 4. Upon written notice to the Building Inspector or Board of Appeals , an inspection and approval of improvements must be �.�made prior � , to the issuance of a Building Permit; r 5 . All right-of-way improvements shall be made with.in 'the perimeter of the legal right-of-way. Location of Property : Private .Right-of-Way at the North Side of , .,. Bergen Avenue , Mattituck , NY; County Tax .Map Parcel No . 1000-112- 01 -018 .' Vote of the Board : Ayes : Messrs . Grigonis , Douglass and Sawicki . Member Doyen of .Fishers. Island. was absent. Member Goehringer abstained. This resolution was adopted by majority vote of the members present . RESERVED DECISION PENDING : Appeal No . ' 3227 - 'EUSTACE :C: 'ERIKSEN . The public hearing on this matter was held and close June 1 , 19.84 , pending deliberations . The board members recalled the particul-ars of this application and the testimony of .June .2_l , 1984.1 Mr. Lessard mentioned that. the building may require. an additional variance for the 18 ' height requirement for, accessory buildings . The board said this matter will be continued for discussion when the entire board was present for- further input. • Southold Town Board of Appeals -4- July 3 , 19b4 Special Meeting RESERVED DECISION : Appeal No . 3117 . Upon application for KATHRINE FARR by S. S. Corwin , Esq . , First Street , Greenport , NY for a Special Exception to the Zoning Ordinance , Article VIII , Sections .100-8O (B ) and 100-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial " District , at 1100 Manhanset Avenue , Greenport , NY ; County Tax Map Parcel No . 1100 Manhanset Avenue , Greenport , NY; County Tax Map Parcel No . 1000-034-05-021 . The public hearing on this matter was held on May 17 , 1984 , at which time the hearing was declared closed pending deliberations . The board made the following findings and determination : This is an application for a Special Exception to the Zoning Ordinance under Article VIII , Section 100-8O (B) [9] [12] , which provides for marinas for the docking and mooring of boats and retail sales of boats and marine items . Applicant is requesting a "yacht brokerage" and marina/marina-office use , and outside storage is not being sought . Applicant states that the yacht brokerage business involves "inside" office activities for the boat sales , frequently by telephone . This use is proposed within the two-story princi.pal building , as shown on the f.iled site plan , of 16 ' by 20 ' in size and a three-foot covered walk-.up on the north side , as more particularly described and approved in the area variance granted by this board on June 28 , 1984 in Appeal No . 3118 . The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3 , 780 sq . ft. with 132 . 76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young , revised May 23 , 1983 . This parcel is identified o.n the Suffolk County Tax Map as District 1000 , Section 034 , Block 05 , Lot 021 , and was conveyed to the applicant on December 11 , 1981 at Liber 9152 page 392 . The premises is vacant land . It is noted for the record that on March 30 , 1984 , action was taken with conditions by the Southold Town Planni.ng. Board concerning this property and subject to receivi_n.g a site plan in final form , showing : (a ) The location and size of the proposed office building approved by the Zoning Board of Appeals ; (b ) Suitable parking for five cars with minimum length and width requirements as required by the Southold. Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals ; Southold Town Board of Appeals -5 July 3 , 1g84 Special Meeting (Appeal No . 31.17 .: KATH.R.INE. FARR, Special Exception , continued : ) (c ) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south ; (d) Proposed ingress and egress to the property from Man- hanset Avenue within 40 feet of the southeast corner of the premises . The Planning Board has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a ) . through (k) of that board ' s March 30 , 1984 action . It is noted , however , that the conditions imposed by this board may be more stringent in order to provide for better visibil - ity , safe and proper 'manueverability , unobstructed boat accessibility , convenience , parking , et cetera . The members of this board are familiar with the property in question as well as the surrounding properties . All testimony _ received at the public hearing held May 17, 1984 by this board has been taken into consideration . Opposition concerning this application has not been submitted for the record since the filing of this application . It is also noted for the record that the premises in question was the subject,. of a prior appeal , No . 3118 , for area variances of the principal building , and a decision has been rendered by this board June 2.8 , 1984 , filed with the Town Clerk July 12 , 1984. In considering this application , the board has determined : (1 ) that this use of the land in question is in the board ' s opinion within the definition of the uses listed under Article VIII , Section 100-.80.(B) ; (2 ) that the us.e will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (3 ) that the safety , health., welfare , comfort , convenience or order of the town will _not be., adversely affected by the proposed use and its location ;. (4 ) that the. . use will be in harmony with and promote the general purposes and intent .of zoning . In passing upon this application , the board has also considered items _(a ). through (1.)._ of Article XII , Section .100-121 (C) [2] of the Zoning Code . Accordingly , on motion by Mr. Grigonis , seconded by Mr. Douglass , it was RESOLVED , that the application for KATHRINE 'FARR for a Special Exception for a marina and yacht-brokerage sales office , BE 'AND 'HEREBY ' IS "A PPR.OVED"SUBJECT TO. 'THE. FOLLOWING CONDITIONS: 1 . No lighting that will b.e adverse to neighboring uses ; Southold Town Bo.ard c, Appeals. -6- July 3 ; _,_�,4 Special Meeting (Appeal No . 3117 - KATHRINE FARR, Speei.al Exception , continued : ) 2 . A railing or barrier (guide rail ) shall be constructed , not to exceed 30" above ground level , along the front property line to prevent unsafe exiting onto street , [except that the area for egress and ingress within the "curb cut" remain open] ; 3 . No fencing along the front property line , except chain- link for proper visibility (or otherwise noted in these conditions ) ; 4 . No fencing along .the north side property line less than (or within ) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired] ; 5. No boats to be moored parallel to existing moored boats (no stacking ) ; 6 . Additional docking and mooring facilities will require an application to the. ZBA and consideration therefore ; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued ; 8. Proposed second-story deck at west end of building shall be reduced (from 4 ' 6 " and 10 ' ) to 2 ' 6" at the northwest corner and 5 ' at the southwest corner , respectively; 9. Existing stockade fencing along south line shall be continuously maintained ; 10 . No launching ramp shall be built or permitted ; 11 . Building location as approved under Appeal No . 3117 shall conform to the setbacks mentioned in the letter./memorandum dated June 18, 1984 from Stanley S. Corwin , P. C . (or as stipulated by conditions/actions taken c_oncerning .this .project , whichever is more restrictive ) ; 12 . No storage of boats other than inside building or moored in the water. Location of .Property : West Side of Manhanset Avenue , Greenport , 'NY ; County Tax Map Parcel No . ..1000-34-5721 . Vote of the. Board : Ayes : Messrs . Goehring.er, Douglass , Grigonis and Sawicki . Member Doyen " of Fishers Island was absent . _Thi.s resolution was, adopted by unanimous vote of .the members present: - Southold Town Board of- Appeals -7- July 3 , Special Meeting The board members agreed to a tentative date of July 17th ' for field inspections . Being there:.was no other business properly coming before the board at this time , the Chairman declared the meeting adjourned . The meeting adjourned at approximately 8 : 25 p . m. Respectfully submitted , Linda F. Kowals i , Secretary Southold Town Board of Appeals Gerard P. oehrin er , Chairman Approved at 9/1 84 Meeting RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold