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Home My WebLink AboutZBA-04/03/1996 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman y1 53095 Main Road Serge Doyen C* _ P.O. Box 1179 James Dinizio,Jr. p Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A. Tortora Ol �`� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES and RESOLUTIONS REGULAR MEETING WEDNESDAY, APRIL 3, 1996 7:00 - 7:30 p.m. Informal work session and review of pending files. No formal action was taken during this time. 7:30 p.m. 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, APRIL 3, 1996 commencing at 7:30 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr. , Member James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowalski, Board Assistant Agenda Item I: TYPE II DECLARATIONS. Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to declare all of tonight's applications (for hearings) with regard to setbacks, accessory apartments in existing residential dwelling structures, and waivers under 100-26 regarding residential properties, as Type II Actions, without further procedure under SEQRA. (The Secretary confirmed that Notices of these Type II Actions have been made a part of each and every file by the ZBA staff immediately after filing the applications with the Town Clerk's Office to show each status under SEQRA regulations.) This resolution was unanimously adopted. PUBLIC HEARINGS (Agenda Item II) : The legal notice and portions of the application were read into the record on each of the following applications (at the times identified below) . All of the public hearings were concluded, except as otherwise noted below. Please see written transcripts of hearings for statements and discussions during the hearings. 7:38 p.m. Appl. #k4368 - SUSAN PARK UTZ. A full hearing was held, and at the end, the Board took the following action: Page 2 - Minutes and Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals Appl. No. 4372 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 3, 1996 APPLICANT: SUSAN PARK UTZ. LOCATION OF PROPERTY: 295 Youngs Road, Orient. 1000-18-1-12. ZONING CODE PROVISIONS: Article II, Sections 100-25, 100-26 DATE OF DISAPPROVAL FROM BUILDING INSPECTOR: March 14, 1996 BASIS OF MERGER: This lot contains 12,318+- sq. ft. created by deed dated September 1961 at Liber 5060 page 370, and shown on the 1926 Map of the area prepared by Otto W. VanTuyl, P.C. which was later again dated 1-21-58. This lot is nonconforming in lot size and was conveyed to the applicant in the settlement of her mother's estate on 6/17/95 by deed at Liber 11754 p. 863. The applicant, also owns a contiguous lot identified as 1000-18-1-9 which is also nonconforming as to lot size. The merger provision provides that, the same ownership percentage joins contiguous nonconforming lots. REASONS FOR GRANT OF WAIVER (also continued on Waiver Application) : 1. Original lot lines for each 1000-18-1-12 and 1000-18-1-9 were created during, and before 1961 as shown by the above referenced information. 2. The Town issued two tax bills for two parcels since, and before, 1961, which is prior to the enactment of. (11/23/1971) of one-acre zoning. 3. Zoning adopted by Town between the period from 4/23/57 to 11/12/71 permitted lot sizes of 12,500 sq. ft. or larger, and prior to 1957, any size was permitted provided all other agency permits were obtained as deemed appropriate at that time. The lot merger rule was not applied in the Town of Southold until about 1983 (due to Supreme Court rulings and precedents of State Law applicable to the Southold Town Zoning Code). 5. In 1976 - County established County Parcel numbers from separate deeds, and this lot has received County Health Department approval for a new single-family dwelling and its facilities. 6. The subject parcel is more particularly described on the survey map prepared by Roderick VanTuyl, P.C. dated July 5, 1995, amended December 20, 1995, and consist of a lot width along Young's Avenue of 90.84 feet, lot depth of 144.20 feet, and lot area of 12,318 s.f. 7. This neighborhood consists of lots similar in size and character. 8. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting nearby environmental or flood (#13 areas, or neighboring properties. 9. The lot is 'not an increase in density since proof has been submitted to show this was always intended to remain a separate lot. 10. The grant of this waiver will avoid economic hardship to the owner. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Waiver granted for this lot containing 12,318 s.f. (deed creation date: 1961, and before). VOTE OF THE BOARD: Ayes.; Serge J. Doyen, James Dinizio Jr. , Gerard P. �a0€Z1I1d7lgI', pi't A. V11l f LydiaTol' oY' a Page 3 - Minutes & Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:41 p.m. Appl. No. 4370 - HUGH MURPHY. This is an application for a variance based upon the Building Inspector's March 8, 1996 Notice of Disapproval issued under Article XXIV, Section 100-244 in which applicant applied for a building permit to construct an addition to an existing dwelling with an insufficient front yard setback, at premises known as 3105 Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-6-8. A 35-front yard setback, or the average established within 300 feet on the same block, is required on a substandard parcel of 12,500+- sq. ft. By Diane Herold, Architect. At the end of discussions, the applicant and his agent indicated they needed time to discuss alternatives. Motion was then made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to continue the hearing at 8:30 p.m. tonight. This resolution was duly adopted. 7:50 p.m. Appl. No. 4368 - GEORGE JOHNSTON. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/115/96 in which applicant requested a building permit to construct accessory garage building with an insufficient front yard setback and with lot coverage over the 20 0 limitation (for all building construction), Article III, Section 100-33C (from Section 100-30A.4) and Article IIIA, Section 100-30A.3, Bulk Zoning Regulation Schedule. Location of Property: 85 Mesrobian Drive (private road), Laurel, NY; County Tax Map Parcel No. 1000-145-4-6. By Gordon Ahlers, Architect. 8:06-8:56 Appl. No. 4369 - JESSE and SHELLEY REECE, Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based -upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections 100-31A and 100-31C(2-b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient; County Tax Map Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. By Jennifer Gould, Esq. 8:56 p.m. - RESOLUTION TO CLOSE HEARING from earlier tonight: Appl. #4370 - HUGH MURPHY . The applicants indicated they had nothing further. A motion was then made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, for the purpose of commencing deliberations. This resolution was unanimously adopted. PUBLIC HEARINGS, continued: Page 4 - Minutes & Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:58-10:15 p.m. Hearing reconvened for Appl. No. 4369 - JESSE and SHELLEY REECE, Contract Vendees/ROSE MARY SCHARBENBROICH, Seller. After discussions during the hearing (recorded by separate transcript) , motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the verbal portion of the record at this time . and allowing written submission up until April 30, 1996, at which time the entire record is automatically deemed "sealed," for the purpose of commencing deliberations. This resolution was duly adopted. PUBLIC HEARINGS, continued: 10:15 p.m. Appl. No. 4371 - JOSEPH KANE. This is an application for a Variance due to insufficient total side yards based upon the Building Inspector's March 12, 1996 Notice of Disapproval issued under Article XXIV, Section 100-244 in an application for a building permit to construct a single-family dwelling. Property Location: 3100 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8. By Patricia C. Moore, Esq. At the end of the hearing, the Board took the following action: (continued on next page) Page 5 - Minutes and Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals April 3, 1996 ACTION OF THE BOARD OF APPEALS APPLICANT: JOSEPH KANE. ZBA APPL. #4371 LOCATION OF PROPERTY: 3100 Sound Drive, Greenport. 1000-96-4-1.1. BASIS OF APPEAL: March 12, 1996 Notice of Disapproval. CODE PROVISION DENIED: Article XXIV, Section 100-244B. RELIEF REQUESTED: Minimum side yard and total side yards requested at 18 ft. on the west side and 10 ft. on the east side, for a total of 28 feet for both sides as shown on Architechnologies Map submitted under this request. MOTION MADE BY: Robert A. Villa SECONDED BY: Gerard Goehringer RESOLUTION ADOPTED: Denied relief of 13.5 ft. on the easterly side, and GRANTED ALTERNATIVE RELIEF for a minimum setback of 15 ft. on the EASTERLY side with the remaining westerly side at 13 feet, for a total of not less than 28 FEET. REASONS/FINDINGS: Between January 1989 and about December 5, 1995, Section 100-244C provided for certain reduced setbacks (without ZBA approval) for subdivisions approved prior to the present zoning. The Subdivision Map of Eastern Shores, Section IV, was filed March 7, 1966 and . at that time, side yards were required by Code to be a total of 25 feet (without ZBA application). The variance requested is seven (7) feet from the current code, and is within the requirement in effect up until about December 51, 1995 (when the new local law became effective for areas of projects requiring County Planning review). The relief is minimal, and continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan (and former conditions under Appeal No. 3621). VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr. , Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. Page 6 - Minutes and Resolutions Regular Meeting of April 3, 1996 Sops }cold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 3, 1.996 APPL. #4370. APPLICANT: HUGH MURPHY LOCATION OF PROPERTY: 3105 Oaklawn Avenue, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 6, LOT 8. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 3/8/96 issued by John M. Boufis, Building Inspector for a proposed 6' porch addition to dwelling extending into the front yard and leaving a proposed 36 ft. front yard setback (and 12' proposed addition at the southerly side of the house which was not disapproved by the Building Inspector) all as shown on survey amended February 6, 1996. PROVISIONS APPEALED FROM: Article XXIV, Section 100-244 RELIEF REQUESTED: Front yard reduction for porch addition reducing front yard from 41.5 feet to 36 feet as shown on survey amended February 6, 1996. MOTION MADE BY: Lydia Tortora SECONDED BY: James Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Approved as applied with a front yard at the closest point of 36 ft, and variably greater for the remainder of the addition as shown on survey amended February 6, 1996, prepared by Roderick VanTuyl, P.C. (no protrusion or expansion outside of established straight line of building facing the east), SUBJECT TO THE FOLLOWING CONDITION: That hay bales be placed 5 to 10 feet from the bulkhead during all construction activities and preparation for construction to prevent change or disturbance to natural land within the easterly rear yard area. This resolution was unanimously adopted. Page 7 - Minutes and Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 3, 1996 APPL. #4368. APPLICANT: GEORGE JOHNSTON by Gordon Ahlers, Architect LOCATION OF PROPERTY: 85 Mesrobian Drive, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 145, BLOCK 4, LOT 6. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 2/15/96 under Article IIIA, Section,100-30A.3 and the Bulk Schedule for proposed 30' x 30' garage in a front yard with lot coverage calculated by the Building Inspector over 20% of the total lot area. PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 RELIEF REQUESTED: Front yard reduction for accessory building on this waterfront .parcel. Portion of project which exceeded maximum-permitted lot coverage was withdrawn at the 4/3/96 hearing by the applicant's agent for the reason that lot coverage was found not to be over 20% with the architect's calculations. Front yard reduction is requested at 10 feet, and greater (along an angle). MOTION MADE BY: Robert A. Villa SECONDED BY: James Dinizio ACTION/RESOLUTION ADOPTED: Denied requested relief at 10 feet, and GRANTED ALTERNATIVE RELIEF WITH not less than 25 ft. front _yard setback; drainage shall be retained on site as per cod_e requirements with sufficient catch basin or in-ground well.) REASONS/FINDINGS: Relief requested is substantial; alternative relief granted is a variance of 10 ft. from the 35 ft. setback requirement. The alternative relief is not unreasonable and is minimal under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Nay: Gerard P. Goehringer, Chairman-Member (felt 25' setback was very restrictive in relation to the circumstances of the lot and area). This resolution was unanimously adopted. Page 8 - Minutes & Resolutions Regular Meeting of April 3, 1996 Southold Town Board of Appeals III. Other Resolutions or Updates as taken from Prepared Agenda: A. Updates from Board Members - Planning & Zoning Committee Meeting held 3/27/96. (None reported) B. Code Committee Workshop set for Apr. 8th at 3:30-5:15 p.m. (see committee's agenda prepared 4/2 furnished to Board Members) . C. Planning & Zoning/Committee Workshop set for Apr. 10th at 4:00 p.m. (No agenda available as yet) . D. On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, that advertisement of new applications filed by 4/4 which are deemed complete by Chairman and Board Secretary, is hereby authorized pursuant to law, for public hearings to be held on May 1, 1996. Included is the sending posters to applicants for posting by April 20th, and submission to the local official newspaper of the Legal Notice by 4/11 for publication. Ayes: All. This resolution was unanimously adopted. E. REMINDERS/Updates - Proposals from ZBA to Code Committee sending recommendations for Code Changes for discussions in April or May. Meeting time requested after 6 p.m. for attendance by ZBA Members (instead of mid-afternoon) . There being no other business matters properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 11:22 p.m. Respectfully submitted, Linda Kowalski pproved for ilin R'ECE'IVED AND FILED BY � THE SOUTHOLD TOWN CLERK DATE/��)l J96 HOUR Town Clerk, Town of Southold