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HomeMy WebLinkAboutZBA-03/16/1989 t ` r �o�uFFObt o y 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. JOSEPH H. SAWICKI M I N U T E S JAMES DINIZIO, JR. REGULAR MEETING THURSDAY, MARCH 16, 1989 A Regular Meeting, continued from its March 9, 1989 Regular Meeting Agenda, was held by the Southold Town Board of Appeals on THURSDAY, MARCH 16, 1989 commencing at 7: 00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and James H. Dinizio, constituting a quorum of the Board. Absent were: Serge J. Doyen, Jr. of Fishers Island and Joseph H. Sawicki (out-of-state) . The Board deliberated on each of the following matters: Gladys W. Howell, Appeal No. 3826 - Decision on Page 2; Susan A. Forbes, Appeal No. 3825 - Decision on Page 5; Rev. Charles Bell, Appeal .,No. 3830 - Decision on Page 8; Nick and Katie Nickolaus, Appeal No. 3824 - Decision on Page 11; Richard and Janet Schlumpf, Appeal No. 3811 - Decision on Page 14 (Continued) . 1 Al aouthold Town Board of Appeals -2- March 16, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3826: Matter of GLADYS W. HOWELL for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main. dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. At a Meeting of the Zoning Board of Appeals held on March 16, 1989, the following action was taken: WHEREAS, a public hearing was held .on March 9, 1989 under File No. 3826, filed February 6, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered. all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Variance under Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. F Southold Town Board of Appeals -3- March 16 , 1989 Regular Meeting (Appl . No . 3826 - HOWELL decision , continued : ) 2. The premises in question: (a) contains a total area of approximately 13,078 sq. ft; (b) . is improved with both a single-family, one-story principal dwelling structure and accessory garage structure, located in the rear yard area; (c) is identified on the Suffolk County Tax Maps as District 1000 Section 70, Block 2, Lot 2. 3. For the record, floor plans of the accessory structure which is the subject of the variance for conversion into livable area has been submitted and prepared by Gary Williams for the property owner. 4. The principal use of the premises is a single-family dwelling use in the existing principal structure, which is conforming in this Zone District. 5. The building which is the subject of the proposed conversion is the accessory garage building. The accessory building has had recent renovations and other improvements to include new electrical and other utilities (without town approvals) . 6. The area of the proposed conversion consists of a size of approximately 18 ft. x 20 ft. and is proposed to contain cooking facilities, to be used on a temporary basis to provide a convenient location on site for additional living quarters needed in the care of the property owner, who is under medical care and is 91 years old. Although the Board Members are sensitive to the personal nature of this matter, they strongly feel that .they are without authority under the laws to allow a second dwelling unit on this substandard parcel located in this RO Zone District, as further noted below. 7 . The use requested by this variance is not a permitted. principal or permitted accessory use in this RO Zone District. 8. Applicant has indicated an intent to attach the garage structure to. the principal dwelling, if it would lend to the creation of an Accessory Apartment use, a use which is a common permitted use in an existing principal building in the AC, R-80, R-120, R-200, R-400, R-40, HD, RR, LB, and HB Zone Districts, subject, of course, to the conditions specified under Article 'III, Section 100-31B(14) of the Zoning Code. This Accessory Apartment by Special Exception permit was not included in this RO Zone District when the Town enacted the new Zoning Code, although the same was permitted under the previous zoning ordinance for the prior "A" Residential and Agricultural Zone District. Southold Town Board of Appeals-4- March 16, 1989 Regular Meeting (Decision, continued: ) 9. The criteria for issuing use variances are several: (a) proof by dollars and cents that the land in question can't yield a reasonable return if used for purpose allowed in that zone; (b) plight is due to unique circumstances and not to general conditions in the neighborhood which may reflect unreasonableness of the zoning law itself; (c) use won' t alter the essential character of the neighborhood. (See Otto v. Steinhilber, 282 N.Y. 71 (1939) ; Fayettville v. Jarrold, 53 N.Y. 2d 254 (1981) ; Douglaston Civic Association, Inc-. v. Klein, 51 N.Y. 2d 963 (1980) . The criteria for the issuance of a variance in this application has not been satisfied to that required by the Courts. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in the Variance Application for GLADYS W. HOWELL under Appl. No. 3826, BE AND HEREBY IS DENIED WITHOUT PREJUDICE (for the reasons stated above. ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent was: Member Sawicki (out of state) and Member Doyen (family bereavement) . This resolution was duly adopted. Southold Town Board of Appeals -5- March 16, 1989 Regular ' Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3825: Upon application of SUSAN A. FORBES for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80- Zone District. Location of Property: 1075 Narrow River Road, Orient, NY; County Tax Map District 1000, Section 27, Block 3, Lot 6.2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of SUSAN A. FORBES under Appeal No. 3825; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Southold Town Board of Appeals-6-March 16, 1989 Regular Meeting (Appl. No. 3825 - FORBES decision, continued: ) 1. By this application, appellants request a Variance under Article III, Section 100-31 and Article XXIV, Section 244 for approval of an open deck addition (with portico entrance) as shown on the architectural rendition prepared by Forbes-Rrgas Design Associates, Inc. dated May 12, 1984 (Drawing No. D-1. 2. The premises in question is a parcel of land containing a total lot area of 11,325+_ square feet situated along the north side of Narrow River Road in the Hamlet of Orient, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 27, Block 3, Lot 6.2. 3. The subject parcel is improved with an one-story single-family house set back 25.7+- feet from its closest point to the south (front) property line {exclusive of the subject deck and portico extension} . 4. Article III, Section 100-31, and Column iii of the Bulk Schedule of the Zoning Code provides for a minimum front yard setback for parcels in the R-80 Zone District to be 60 feet. 5. Article XIV, Section 100-244 of the Zoning Code provides relief to legal nonconforming lots with an area of less than 20,000 square feet for a minimum front yard setback of a principal building at 35 feet. 6. The area of jurisdiction before this Board is that area toward the street within the 35 ft. front yard restriction. The setback at its nearest point (at the southwest corner) requested by this application is at 14-1/2 feet. The portion of the extention in front of the dwelling extends out eight feet (see architect' s sketch and site plan) . 7. The amount of relief requested in relation to the requirement is substantial, being a variance of 20-1/2 feet, or 580, for a 14-1/2 feet setback (in lieu of the required 35 feet) . The reduction in relation to the existing nonconforming setback is also substantial, being a variance of 310, or eight feet. 8. It is the opinion of this Board that an alternative to the requested variance, which would allow for a lesser percentage of relief, is a four-foot deck extension from the front of the house. Southold Town Board of Appeals_ March 16, 1989 Regular Meeting (Appl. No. 3825 - FORBES decision, continued: ) 9. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related "to the premises, particularly due to the front yard and lot area nonconformities; (b) the relief as granted is not unreasonable and is the minimal necessary; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the variance, as granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting alternative relief, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED", to GRANT alternative relief for approval of a four-foot open deck structure with extension along side of the existing dwelling, and 6 ' x 8 ' portico entry, under Appeal No. 3825 in the Matter of SUSAN A. FORBES, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck extension not protrude more than four feet forward of the front of the house, across its entire proposed length. 2. Deck area not be roofed or enclosed for livable floor area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis", and Dinizio.. (Absent were: Member Doyen of Fishers Island and Member Sawicki {out-of-state} . ) This resolution was duly adopted. Southold Town Board of Appeals -8- March 16, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3836: Application for REV. CHARLES BELL for a Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of REV. CHARLES BELL under Appeal No. 3830; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Donna Drive, in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 15, Lot 15. 2. The subject premises is known and referred to as Subdivision Lot No. 32 on the Map of Deep Hole Creek Estates, Map No. 4256, approved January 28, 1965, contains a total area of 20,467 sq. ft. , road frontage of 180.07 feet, and average lot depth of 113.50 feet, and is improved with a single-family, one-story frame house, all as shown on survey prepared by Roderick VanTuyl, P.C. dated November 20, 1978. Southold Town Board of Appeals _g March 16, 1989 Regular Meeting (Appl. No. 3830 - BELL decision, continued: ) 3 . By this application, appellant requests a variance from Article III-A, Section 100-32A, and Bulk Schedule of the Zoning Code, for permission to construct new 11 ft. by 16 ft. extension at the southwest section of the rear portion of the existing dwelling, and attached to an existing screened (deck or) porch. 4. Article III-A, Section 100-32-A and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 50 feet. Article XXIV, Section 100-244(B) permits a rearyard reduction for a principal structure to 35 feet for lots containing less than 20,000 sq. ft. The subject premises contains a lot area of 20,467 sq. ft. , and therefore is regulated by a 50-foot minimum rearyard required for nonconforming lots containing more than 20,000 sq. ft. but less than 40,000 sq. ft. 5. The closest setbacks of the dwelling with the rear deck, as existed prior to its replacement with the new deck, scales at a setback of approximately 30.5 feet from the rear property line. The setback requested by the proposed 111 by 16' addition, which will be in line with the above-mentioned deck, is 19. 5 to 20. 5 feet (average of 20 feet) , depending on the angle. 6. The amount of relief requested by this application is 30 feet from the current zoning code, effectuated on or about January 22, 1989. The zoning requirement prior to January 22, 1989, required a minimum rear yard setback for a principal structure at not less than 35 feet under Column A of the Bulk Schedule, and Section 100-31. 7 . In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the -10- Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3830 - BELL decision, continued: ) interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3830 in the Matter of the Application for REV. CHARLES BELL, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3824 - NICK AND KATIE NICKOLAUS. (continued on next page) Southold Town Board of Appeals -11- March 16, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3824: Application of NICK AND KATIE NICKOLAUS for a Variance to the. Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of NICK AND KATIE NICKOLAUS under Appeal -No. 3824; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have- personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sound View Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. Southold Town Board of Appeals -12 March 16, 1989 Regular Meeting (Appl. 3824 - NICKOLAUS decision, continued: ) 2. The subject premises is a described parcel of land containing a total area of 3. 01 acres, lot frontage of 130.0 feet (lot width at the principal building line approximately 278 feet, and lot depth of 550+- feet. 3 . The subject premises is improved with a single-family, two-story frame house and inground swimmingpool with fence enclosure along the westerly side of - the dwelling, all as sketched on survey dated February 10, 1981 (of Roderick VanTuyl, P.C. ) . 3 . By this application, appellants request a variance from Article III, Section 100-33 of the Zoning Code for permission to locate 10' x 18' one-story storage shed along the existing pool fence enclosure with a setback of approximately 90 feet from the bluff and 60+- feet from the westerly property line, all as sketched on the copy of survey submitted for consideration. 4.. Article III, Section 100-33 of the Zoning Code requires accessory buildings to be located in the required rear yard area. The required rear yard area for this parcel is that land area between the house and the bluff. 5. It is noted that at the time of the filing of this application on February 3, 1989, Article XI, Section 100-119.2 of the previous zoning code was not included in the newly adopted zoning code amendments (when enacted on or about January 22, 1989) . For practical purposes, it is noted that the location of the subject pool shed along the outside of the fence enclosure is not much different than locating same within the fence enclosure, particularly due to the great distance in the yard setbacks (which will not require additional relief by way of a variance) . 6. In considering this application, the Board also finds and determines: ( a) there is no other alternative available for appellants to pursue other than a variance; (b) . the variance requested is uniquely related to the property and will not alter the essential character- of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; -13- Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3824 - NICKOLAUS decision, continued: ) (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of . the town, or be adverse to neighboring properties; (e). in view of all of the above factors, the interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for location of a 10' by 18' pool-storage shed, at a height not to exceed 10 feet, along the existing fence enclosure, as applied under Appeal No. 3824 in the Matter of NICK AND KATIE NICKOLAUS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Accessory shed shall be used for storage purposes incidental and accessory to the residential use of the premises; 2. Accessory shed shall not be used as sleeping quarters; 3 . No kitchen or food preparation shall be permitted; 4. Shower doors must be constructed along the outside wall of building (must open to the outside, rather than a single entry from the inside of building) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio: (Members Doyen and Sawicki were absent. ) This resolution was -duly adopted. Southold Town Board of Appeals -14- March 16, 1989 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3811: Upon application of RICHARD AND JANET SCHLUMPF for Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road) , Mattituck, NY. Zone District: R-40. Location of Property: Lot #(1, Map of Point Plesant; County Tax Map District 1000, Section 113, Block 9, Lot 12. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of RICHARD AND JANET SCHLUMPF under Appeal No. 3811; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact,: -15- Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3811 - SCHLUMPF decision, continued: ) 1. By this application, appellants request: (a) a Variance under Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback at 10 feet from the westerly property line, and (b) pursuant to New York Town Law, Section 280-a for approval of access over a private road, extending from the easterly side of Westphalia Road (Avenue) along Silkworth Road up to its intersection with Home Pike Road, in the Hamlet of Mattituck, Town of Southold. 2. The premises in question is a parcel of land containing a total lot area of 23,960+_ square feet situated along the north side . of Home Pike (Or Pt. Pleasant) Road, and along the east side of Silkworth Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 113, Block 9, Lot 12. 3 . The subject parcel varies in lot width from 59+- feet in width at the southerly end and at 110.54 feet at the northerly end of the subject premises. The contours of the property- also vary from 26 feet .above mean sea level at the southerly end of the property to zero at the ordinary highwater mark (at the northerly end) of the premises. . 4. Article III-A, Section 100-32A of the Bulk Schedule of the Zoning Code provides for a minimum front yard setback for parcels in the R-40 Zone District to be 50 feet. 5. Article XIV, Section 100-244 of the Zoning Code provides relief to certain .nonconforming lots with an area of less than 40,000 square feet, but more than 20,000 sq. ft, for a minimum front yard setback of a principal building at 40 feet. 6. The setback at its nearest point requested by this application is at 10 feet from the westerly property line, which abuts a private right-of-way- (presently used for access to one parcel) . The dwelling is proposed to be situated at the average lot depth setback line at a distance 200 feet northerly from the south property line. The lot depth in this area varies between 82+- feet and 87+- feet in lot depth. 7 . It is the opinion of this Board that the character, size, shape and contours of the site lend to the difficulties. -T6- Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3811 - SOHLUMPF decision, continued: ) 8. For the record it is noted that a portion of the right-of-way extending from Westphalia Road (Avenue) to premises now or formerly of Thomas Perillo, County Tax Map Parcel No. 1.000-114-1-7, was improved and accepted under Appeal No. 3317 March 3, 1989 (decision rendered February 14, 1985) . The remaining portion of the right-of-way is in need of improvements, which are stipulated below. 9. It is the position of this Board. in considering this application that: (a) the circumstances are uniquely related to the premises; (b) the relief as granted is not unreasonable under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the variance, as granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting alternative relief, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance for permission to locate new principal dwelling structure with a setback from the westerly property line at 10 feet as shown on the plot plan dated April 20, 1987 , and for approval of access, SUBJECT TO THE FOLLOWING CONDITION: That the access road be improved as follows: 1. Improved a full minimum width of 15 feet with full clearance of all brush or plantings to 16 feet in width; -17- Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3811 - SCHLUMPF decision, continued: ) 2. Improvements be placed to a minimum depth of four inches of packed three-quarter-inch stone blend, then with 2" loam, to be applied to the ground surface and shaped,_ or excavated'-to permit the application to same to the minimum depth (after packing) . 3 . Entire access road from Westphalia Road be maintained at all times in good condition, satisfactory to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen of Fishers Island and Member Sawicki {out-of-state} . ) This resolution was duly adopted. INTERPRETATION FOR ALTERNATIVE DESIGNATION OF REAR YARD AREA. Several verbal inquiries have been made through our office from other departmental personnel concerning designation of "rear yard area," most of which affect unusually shaped parcels of land with odd angles or lines, or circumstances quite different from the norm. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that, the following rule be used in designating the rear yard area of certain parcels, as AN ALTERNATIVE TO THE - METHOD DESCRIBED IN THE ZONING CODE, to be used only in UNUSUAL PROJECTS (such as those properties or principal buildings with odd angles or lines) : ALTERNATIVE FOR DESIGNATION OF REAR YARD - An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto extending from the center of the average lot depth, when the subject lot is improved with a principal structure. This alternative method should not be used in any of the following circumstances: 1. When the lot is vacant (not improved by a principal structure) ; 2. When the lot is improved by a principal structure wholly set back greater than that area between the street line and the center of the average lot depth. (Lot depth is defined under Section 100-13 of the Zoning Code. ) Southold Town Board of Appeals =18- March 16, 1989 Regular Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. INTERPRETATION: NONCONFORMING BUILDINGS, Article XXIV, Section 100-242. Several inquiries have been made concerning several examples of extensions of an existing building with a nonconforming yard setback. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the following interpretation shall apply under Article XXIV, Section 100-242: New construction within the ( legal) footprint of the existing construction in order to square off the structure shall not be considered an increase in the nonconformity of . a nonconforming-building with a conforming use. If thi"s interpretation is unclear, and there are any questions or further clarification needed by any other department, same shall be directed through the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. (Continued on next page) Southold Town Board of Appeals -19- March 16, 1989 Regular Meeting 7 : 51 - 8: 46 p.m. Public Hearing was reconvened in the Matter of Appl. No. 3785 - RAYMOND NINE, CHARLES ZAHRA and PAMELA NINE. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. (Also, see verbatim transcript of hearing prepared under separate cover and attached at the end of these Minutes for reference. ) At the close of the verbatim testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, That the written portion of this hearing be and hereby is extended until the next Regular Meeting of this Board (April 13, 1989) , pending consultation with the Town Attorney and if necessary, further questionning by the Members of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. INQUIRY AS TO PARKING JURISDICTION: Appl. Nos. 3783 and #3784. Matters of JOSEPH STOCKEN/M & N AUTO by J. Kevin McLaughlin, Esq. Discussion was held concerning correspondence from Mr. Joseph Stocken, and recent requests through the ZBA Office (c/o Linda Kowalski) by J. Kevin McLaughlin, Esq. and Garrett Strang, R.A. with reference to meetings with the Planning Board Members as to the proposed parking area. Mr. McLaughlin indicated that clarification was needed as to the Southold Town Board of Appeals �20^ March 16, 1989 Regular Meeting appropriate Department to take lead authority under the site-plan (parking) regulations, particularly since the Board of Appeals had made reference to consideration by the Planning Board of the location of the parking areas. The Board Members unanimously agreed that the following response be sent to Mr. McLaughlin, subject to approval by the Town Attorney, as worded: . . .Dear Mr. McLaughlin: This letter will confirm for the record that Condition No. 4 of this Board's decision rendered November 16, 1988 under Appl. No. 3783 in the above matter is hereby clari- fied to leave the parking areas at the sole discretion of the Planning Board under. its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to substitute its judgment over the Planning Board's discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that " . . .the parking areas shall be as designated by the Planning Board. . . ." This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote., hereby waives its jurisdictionunder the parking regulations if the Planning Board wishes to alter the same. . . ." Vote: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Sawicki and Doyen. ) UPDATE: Appl. No. 3542 - TIDE MARK (CLIFFSIDE ASSOCIATES) . Special Exception application pending for Motel Units. Planning Board has accepted Final Environmental Impact Statement (FEIS) and as a part of that review are requiring a reduction in the number of units, thereby requiring amendments to the site-plan maps and possibly floor plans/construction plans. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Southold Town Board of Appeals -21- March 16, 1989 Regular Meeting (Appl. No. 3542 - CLIFFSIDE/TIDE MARK Update, continued: ) RESOLVED, to authorize a letter to the attorney for the applicant, TIDE MARK/CLIFFSIDE ASSOCIATES, subject to Town Attorney approval, indicating tentative placement for a public hearing -at the first available calendar following submission by applicant of the following to complete and update the file since the initial filing: 1. Four site plan maps (revised to comply with FEIS and Planning Board action) ; 2. Two sets of floor plans and/or general construction plans of units; 3. Written authorization to update file for this new RR Zone District, renumbered to new Article VI, Section 100-61, Subsection B(4) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. NEW APPLICATION: Appl. No. 3831 - RALPH AND PATRICIA PUGLIESE. Review was conducted of this new application for a Special Exception for Winery Use with Wine Storage at 34876 Main Road, Cutchogue, New York. Additional site plan and construction information was requested of the applicant at the time of filing of this application, and to date, same has not been received to complete the file. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the following documentation be submitted as early as possible to complete the file in the Matter of RALPH AND PATRICIA PUGLIESE under Appl. No. 3831: 1. Four original prints of a site-plan map depicting all the site plan elements required under the zoning code (as accepted by the Planning Board prior to certification by the Building Inspector) showing screening of the parking areas; ' Southold Town Board of Appeals -22- March 16, 1989 Regular Meeting (Review: Appl. No. 3831 - PUGLIESE, continued: ) 2. Two clearly legible prints of the floor plan layout and construction plan of the proposed building. 3. Notice as to the time that the Planning Board feels comfortable with the general elements of the site plan - such as parking areas, ingress, egress, layout of the proposed lot lines, or lot area of 2. 0 acres, which is shown to be different than the site as conveyed to you with an acreage of more than 42 acres. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. UPDATE - CARRYOVERS FROM HEARINGS HELD MARCH 9, 1989 were noted for the record: Appl. No. 3829 - BROWERS WOODS ASSOCIATION and BARBARA REITER for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned-by Wickham Road Marina, Inc. Zone District: Marine II. (Previous Zone District: B-Light Business. ) Appl:ication. was filed citing the prior Zoning Code, Art. VI, Sections 100-60 and 100-61, and Art. XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: W/s Wickham Avenue, Mattituck; 1000-114-3-1. This matter was held over in order to allow time to receive maps, to be submitted within approximately two weeks, for the Z.B.A. file. Appl. No. 3814 - RYCK KOKE.. Variance for accessory pool with fence enclosure in the side yard area. Zone: R-40. Location: 245 Kimberly Lane, Southold; Paradise-By-the-Bay Subdivision Lot .No. 2. (Rehearing by unanimous vote of the Members present in order to allow further questionning and/or entry of additional .facts, -evidence and. testimony, and amendments as may be required under the newly adopted Master Plan provisions to effectuate the same. (The initial hearing was concluded on January 12, 1989; the last hearing was held March 9, 1989. ) Letter from adjacent property owner, Mrs. Corranacchia, was expected to be submitted within the next few days confirming the oral agreement between Ryck Koke and herself. Southold Town Board of Appeals -23- March 16, 1989 Regular Meeting CODE COMMITTEE MEETING DATE: The date of the next Code Committee Meeting was confirmed for Wednesday, March 22, 1989 at 7: 30 o'clock p.m. HEARINGS FOR ADVERTISING: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to authorize and direct Board Assistant, Linda Kowalski to prepare and submit for advertising the Notice of Hearings for the following matters, to be held at a Regular Meeting before this Board on THURSDAY, APRIL 13, 1989: . 7:35 p.m. Appl. No. 3832 - JOHN FORSBERG. Variance to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists -at the westerly side. Lot area of premises is nonconforming at approx. 11,500 sq. ft. in this R-40 Zone District. 1310 West Road, Cutchogue. 1000-110-5-12. 7: 40 p.m.. Appl. No. 3839 - DIANE DUNBAR. Variance for permission to construct open deck addition with an insufficient setback from the front property line along Dogwood Lane (west) . Lot area of premises is nonconforming at approx. 16,243 sq. ft. in this R-40 Zone District. 615 Dogwood Lane, East Marion; Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; 1000-37-1-11. 7: 45 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance for approval of open deck addition with an insufficient setback from the south side line, adjacent to' existing fence enclosure. Lot area is nonconforming at 26,964 sq. ft. in this R-40 Zone. 380 Inlet Lane, Greenport; 1000-43-5-2. 7: 50 p.m. Appl. No.' 3836 - ANNA SCHALLER. Variance for garage addition. Lot area is nonconforming at 11,718 sq. ft. in this R-40 Zone. 115 Parson' s Boulevard, East Marion; Gardiners Bay Estates, Lot 77 and part of 78; 1000-37-2-5. 8:00 p.m. Appl. No. 3835SE ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under #3705 under Art. VIII, Section 1--80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Art. XIV, Section 100-1.41, to include establishment of car repairs with Southold Town Board of Appeals -24- March 16, 1989 Regular Meeting (Hearings for April 13th, continued: ) outside storage and future occupancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone District) . Location of Property: 22355 C.R. 48, Cutchogue; 1000-96-1-19; containing 45,589+- sq. ft. in lot area. 8: 05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-31 for amendment to prior Appl. No. 3769 rendered October 26, 1988 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue; NY; County Tax Map Parcel No. 1000-111-01-016. Lot in nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, Lot 2.004 (part of 2-1) . The premises is located in the R-80 Zone District. 8:20 p.m. Appl. No.. 3787 - MARION ROBINS. Variance to the Zoning' Ordinance, Article III-A, Section 1.00-30A. 3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30' p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 , feet, and less than the total 45 feet for both side yards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11; also referred to as .Aldrich Lane Extension) , extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 1.2; Southold Town Planning Board approved set-off Map March 4, 1985. Southold Town Board of Appeals -25- March 16, 1989 Regular Meeting (Resolution for Hearings for April 13th, continued: ) Vote of the Board: Ayes: Messrs. Goeh-ringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki. ) This resolution was duly adopted. USES OF ACCESSORY BUILDINGS: Buildings situated separately on a parcel of land, accessory to the principal building of a parcel, and uses thereof were discussed. It appears that certain accessory buildings are being used for offices, maid' s sleeping quarters, workshops, etc. , most of which appear to be incidental to the. owner' s residential use of the premises. (and possibly operated without profit or gain) . It was the unanimous consensus of the Board. Members to bring this subject to the attention of the Code Committee for discussion,' and further interpretation may be necessary and/or change of wording in the regulations under the new zoning code. The Secretary was authorized to send a memorandum to the Code Committee Chairman concerning this issue. ACCESSORY APARTMENT SPECIAL EXCEPTION - RO ZONE DISTRICT. {See Gladys Howell decision rendered same date hereof (pages 2-4) . ) It was the consensus of the Board Members to recommend returning the Provision pertaining to Accessory Apartments by Special Exception to those properties which have now been rezoned from "A" Residential and Agricultural to Residential-O€fice (RO) . This use was not included in the new zoning code regulations. REAPPOINTMENT OF BOARD MEMBER: The Board Members unanimously support and confirm its recommendation in the reappointment of Board Member Charles Grigonis, Jr. Member Grigonis has been an active, dedicated Board Member with the Board of Appeals on zoning matters in the Town of Southold for more than 33 years, and his experience and knowledge over these years are irreplaceable. The Secretary was authorized to send. a letter to the Town Board urging Member Charles Grigonis' reappointment. Chairman Goehringer, Member Doyen, Member Sawicki, and Member Dinizio indicated that they would sign the letter as individual members also. The meeting was adjourned at approximately 9:10 p.m. e ectfully submitted, in a Ko alski, Secretary Southold Town Board of Appeals s.-Ap-proved - April 13, 1989