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HomeMy WebLinkAboutZBA-05/29/1996 v - o��S�FFO(,�c APPEALS BOARD MEMBERSoGy� o _ Southold Town Hall Gerard R Goehringer, Chairman 0 53095 Main Road Serge Doyen, Jr. y �� P.O. Box.1179 James Dinizio, Jr. O,( ��O Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, MAY 29, 1996 7:00 - 7:30 p.m. Informal work session and review of pending files. No 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, MAY 29, 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, Con.fidentia.l. Assistant to ZBA I. Under NYS Environmental Quality Review Act all files involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 pertaining to substandard lots as exist, and lot line changes, were confirmed to be Type II actions under the State SEQRA list regarding tonight's applications. No further procedure under SEQRA was applicable to these Type II projects, as applied. Il. .PUBLIC HEARINGS: The Chairman read the legal notice and applica- tion for each of the following applications at the beginning of each hearing at: the times identified below: 7:30 - 7:40 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel 1000-78-3-15. The subject parcel. contains a total lot area of 13,200+- sf.. The hearing was attended by Mr. and Mrs. Ruggles and confirmed the diameter of the pool to be 21 feet round.. Following testimony at public hearing, the following action was taken by the Board: Page 2 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals ACTION OF FINDINGS AND DETERMINATION APPL. #4386 DATE ADOPTED: May 29, 1996 APPLICANTS: MITCHELL and CINDY RUGGLES. LOCATION OF PROPERTY: 1150 Nakomis Road, Southold, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 78, BLOCK 3, LOT #15. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 6, 1996 regarding proposed above-ground swimmingpool with deck entry: "Insufficient side yard. . ."as built". PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4 RELIEF REQUESTED: Twenty-one (211) ft. diameter round pool with deck entry in a portion of the side yard and portion of the rear yard. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: Lydia Tortora ACTION/RESOLUTION ADOPTED: Denied three ft. setback, and granted alternative location at five (5) feet (minimum) from side and rear property lines, for proposed accessory swimmingpool with deck entry. REASONS/FINDINGS: Yard area gives the appearance of a full rear yard. Variance is minimum. Location of deck minimizes actual rear yard for accessory structure location. No physical change in the appearance or character of the area will be affected with the location as alternatively granted at 5 ft. from all property lines. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Lydia A. Tortora, Member James Dinizio, Member Gerard P. Goehringer, Chairman/Member This resolution was unanimously adopted. Page 3 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 7:40 - 7:50 p.m. Appl. 44379 - LISA AND NIKOLA GALJANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 11-28-95 to construct new dwelling, maintaining the existing dwelling's front, yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel 1000-31-9-1. This parcel consists of 17,590+- sf. Richard Saetta, Builder-Contractor for the owners, attended the hearing. Testimony was received during the hearing, and board member discussions will continue after the contractor is able to stake the corners, for Member Villa. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, the hearing was recessed until June 26, 1996 as agreed for staking and reinspection. This resolution was duly adopted. 7:50 - 7:58 p.m. Appl. #4384 - VINCENT MANAGO as Contract Vendee (Owner: Edith Purpura) . Application for a variance based upon the . April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII, Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cutchogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922) . The subject premises contains a total lot area of 1.375+- acres in an R-40 Zone District. J. Kevin McLaughlin, Esq. appeared as attorney for the applicants. Following testimony at the public hearing, the following action was taken: Page 4 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals Appl. No. 4384 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 - VINCENT MANAGO, Contract Vendee; Owner - JOHN PURPURA) LOCATION OF PROPERTY: 8225 Nassau Point Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 118, BLOCK 4, LOT 10. BASIS OF APPEAL: Building Inspector action dated April 22, 1996 concerning location of accessory shed (without a building permit ), at an insufficient setback from bulkhead.." Article XXIV, Section 1007144B. RELIEF REQUESTED: Accessory building is for storage purposes only, and is located south of an existing wood bulkhead (below top of bank) at a point shown at an elevation approximately six feet above mean sea level, and known as rear yard. This 8' x 10' shed building has existed for many years in this location, and is centered at about 65 feet from the northerly boundary property line, and 66+- feet from the southerly property boundary line. MOTION BY Member Villa, SECONDED BY Members Doyen and Tortora ACTION/RESOLUTION ADOPTED: Granted setbacks as requested and as exists in present location away from the bulkhead, with the CONDITION that the only utility be electric, as agreed and discussed at the hearing. (No plumbing, no lavatory, etc. to be requested in the future or permitted. Building is for storage use only by the owners). REASONS/FINDINGS: Dwelling in its present location (built prior to 1957) is located less than 30 feet from the closest "top of bank" elevation, and the rear yard is limited in size due to the nature of the topography towards Little Peconic Bay. The variance requested is not unreasonable and will not adversely affect the character of the neighborhood, or the health, safety, welfare of the community. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr. , Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution was unanimously adopted (5-0) . ZBA:lk Page 5 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued, 7:58 - 8:04 p.m. Appl. #4385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold; County Parcel No. 1000-56-1-2.4, also referred to as Lot #14, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf.. in an R-40 Zone. Mr. and Mrs. Kyle attended the public hearing. Following testimony at the public hearing and review of the entire record, the following action was taken by board members: Page 6 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF THIS ACTION: May 29, 1996 APPL. #4385. APPLICANTS: KEVIN and ASCENSION KYLE LOCATION OF PROPERTY: 815 Park Avenue, Southold, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 56 BLOCK 1 LOT 2.4 Also referred to as "combined lots 50, 51 and 52" on the Map of Goose Bay Estates filed November 13, 1934 as Map No. 1176. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 6, 1996: "Article IIIA, Section 100-30A.3. Proposed construction will have insufficient rear yard setback in an R-40 Zone," as required under Art. IIIA, Section 100-30A.3. The Zoning Code requires a 50 ft. rear yard on this 40,017 sf lot. RELIEF REQUESTED: Approval of extension of existing open deck at rear of dwelling to 20 ft. a deck, for a remaining rear yard setback of 40 feet. MOTION MADE BY: James Dinizio, Jr. , Member SECONDED BY: Robert A. Villa, Member ACTION/RESOLUTION ADOPTED: Granted as applied and with the condition that the deck remain unroofed as requested. REASONS/FINDINGS: The relief requested is minimumal at 20% of the requirements; the grant of the variance is more beneficial to the property owners and there is no detriment to the neighborhood or community by this extended deck. A deck is comparable to a raised patio (rather than a fully enclosed addition; patios may be installed without the need for a building permit under the current regulations). VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. lk Approved as Prepared for Filing GERARD P. GOEHRINGER, CHAIRMAN Page 7 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals 8:04 - 8:07 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice_ of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(1) , for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of . Property: 305 Masters Road, Laurel, NY; County Parcel No. 1000-126-9-22; also referred to as Lot #6 and part of 7, Map of Property of Dan J. Stack (County Map #815) . Size of Property: .25+- of an acre. Deborah Doty, Esq. appeared as attorney for the applicant. Following testimony at the public hearing and review of the entire reocrd, the following action was taken by board members: Page 8 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals Appl. #4383. ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: HELEN DITTUS LOCATION OF PROPERTY: 305 Masters Road, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 126, BLOCK 9, LOT 22 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 7, 1996: ". . .Accessory buildings and uses shall be located in the required rear yard. Article IIIA, Section 100-30A.3 (100-33) . . . ." RELIEF REQUESTED: approval of 9.5 x 5.5 ft. detached, accessory shed, as built and located with a setback about one foot off the southerly side property line, and 10+- feet from the rear (westerly ) property line, all as confirmed by survey of Jan. 9, 1963 submitted with this application. MOTION MADE BY: Robert A. Villa SECONDED BY: Serge Doyen, Jr. ACTION/RESOLUTION ADOPTED: Granted as applied with the condition (as agreed and discussed at the hearing) that work in the future to upgrade or relocate the building will require the relocation of the shed with the required minimum setback from all property lines as per the zoning code in effect at that time. (Painting is permitted without relocation.) REASONS/FINDINGS: Building was placed during 1963 and has been in existence, as per testimony and documentation submitted, for more than 30 years without a building permit or other town approval. An alternative is available to move the shed and comply with the minimum three-ft setback from property lines in the rear yard. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted. ZBA:lk a Page 9 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:07 - 8:14 p.m. Appl. No. 4381 - LARRY AND LINDA RAPPAPORT. Application for a variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard in this R-40 Zone District. Location of Property: Lot #14, 13 and part of 12 as shown on the Map of Point Pleasant containing 2.00+- acres; 1605 Pt. Pleasant Road, Mattituck, NY; County Parcel No. 1000-114-1-5.1. Mr. and Mrs. Rappaport appeared.at the hearing. Following testimony and review of the entire record, the following action was taken by board members: Page 10 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals ACTION OF FINDINGS AND DETERMINATION DATE OF ACTION: May 29, 1996 APPL. #4381. APPLICANTS: LARRY and LINDA RAPPAPORT. LOCATION OF PROPERTY: 1605 Pt. Pleasant Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 114, BLOCK 1, LOT #5.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 30, 1996: "Insufficient side _yard. . ."as built". PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 RELIEF REQUESTED: Triangular section of porch addition, at 2.5' x 8' (approximately 10 sf.. total building area) as shown by the May 7, 1996 updated survey. Building permit issued under #23302Z March 15, 1996 indicated an unclear, illegible setback distance, based upon copy of survey submitted by builder-contractor. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: Serge J. Doyen ACTION/RESOLUTION ADOPTED: Granted corner of porch as shown on survey dated May 7, 1996, subject to the planting of four additional evergreens along this northerly side for screening purposes, and continued maintenance by the applicant, or subsequent property owners. REASONS/FINDINGS: Although the relief requested is self-created, the 2.5 variance is minimal, for a 12.5 ft. setback instead of the required 15 ft. side yard per code. Continued construction under BP #23302Z, and all other zoning regulations shall be complied with. No physical change in the appearance or character of the area will be affected with the additional screening agreed to be added by the property owner. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Lydia A. Tortora, Member James Dinizio, Member Gerard P. Goehringer, Chairman/Member This resolution was unanimously adopted. Page 1T Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:14 - 8:35 p.m. Appl. No. 4382 - ISLAND ALE, INC. and FRANK CICHANOWICZ 3RD. Application for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article X, Section 100-103C of the Zoning Code. Proposed Restaurant (Principal Use) in this B-General Business Zone District. Location of Property: 32240 Main Road, Cutchogue; County Parcel No. 1000-103-1-19.3 (includes former #103-1-18 consisting of one-half acre, and entire 26.2 acres is a part of a 55.2 acre parcel of record in 1985) . Neil and Frank Cichanowicz attended the public hearing. Following oral testimony, the board took the following action: Page 12 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals v; U Ui I.LU Ll_I Appl . 114382 ACTION OF Tlll: BOARD OF APPEALS DATl, OF ACTION: May 29, .1996 APPIdCAWl': ISLAND AlA`,, -INC,. (Present. Owner: F. Cichariowicz, 3rd) I,OC;A'1'ION Ol.P PR.OPEJ.t.'1'Y: 32240 Main Read, Cutchogue, NY. COUNTY TAX MAP DiSTR.ICT 1000, SECTION 103, BLOCK 1 , LOT 19.3 I;ASI`i oii APPI,Ai.,: Ml:rrch 25, 1996 Notice of D1sa.phroval issued by the Duilding Inspector regarding proposed width of building, Article. X, Section 100103C. RELIEF REQUESTED: Variance for approval of building as deli€;iced al. a. Inhil wicl(h of .120 and gpons floor area of 5760 sf, a.11 as shown on site pl,m rlrlp (updated) Mrry 9, 1996, prepared by 13.0c.lerick Vali'L'uyl, P.C. The loc:Lion of arr existing buildbig in the front easterly corner of the property is shown on the la.l.est. rllap (May 29+-) to remain in its present position, rather thnn a new Wention for use c`s, a. single-farllily dwelling. MOTION MAD , BY: Member Dinizio SECONDED iiY: Member. Doyen A(:;'1'lON/Ii.l,S01_,l1'1'I.ON AI)OP'I.'I,:D: Granted as a1.plied with outdoor lighl.ing, parking, screening and other site elements to be decided by. 1.1m 111mining 13oard under• the site plan approvA pr.ocess. 11l?ASONS/1,1.NDINGS OF FACT: The location of the proposed building is located in the B Generpl Bushiess Zone (3.2.82 acres) area, in addition to the remaining 23 acres in an R-80 Residential Zone used for :agricullurnl purposes. The inaain use of the property is to be changed from agricultural to restaurant/mierobrewery with, pub. '.rhe setback of this principail building is shown to be proposed at 1-46 feet and approximately 130 fccl: from the westorly side property line, and tho width is iroposed at a rnaxxirnu,m cif, 1.2o fact. The alternative would be to build .two separate Go .CI.. wide buildings which would not have all interior access. Tire combined use will necessitate an interior Building; access for the larger gross floor area to allow for services- such as dining separate (but accessible) to a brew pub area. 'Town records show that this is the second building design, the first design. having been sanctioned in the initial site plan process by the Planning 11oard before a iiew ruling was placed .in the zoning- code (August 1995) restricting the width of buildings in this zone. The intent of the new law restricting the width of buildings in this zone was to allow more' than one building while at the same time preventing "strip malls." The Page 13- May 29, 1996 Regular Meeting - Minutes & Resolutions Southold Town Board of Appeals (Ref: ISLAND ALE, INC. - Appeal #4382, continued:) use of this property is not proposed as a mall, and is confirmed to be as a principal restaurant-brew pub (combined) use. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr. , Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was duly adopted. II. PUBLIC HEARINGS, continued (on next page) . Page 14- Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:35 p.m. Application of SCOTT RUSSELL - This hearing was reconvened from the May 1, 1996 hearing as requested. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to grant postponement as per letter received, from Scott Russell, until the June Regular Meeting scheduled for Wed. , June 26, 1996 (discussions for alternative still pending between applicant and neighbor) . This resolution was duly adopted. 8:36 p.m. - 9:05 p.m. Application of DANIELE DUPUIS - This hearing was reconvened from the May 1, 1996 calendar. Mr. and Mrs. Carl Vail (without their attorney), Timothy Wacker, neighbors, opposed the applicant's request and gave a letter from their real estate consultant, Paul Heffernan. Also appearing were Marion King, Real Estate Appraiser, Florence Kenny, and Henry Fournier who were in support of Mrs. DuPuis' application request for the reason the area consisted of 1.2-acre lots generally. Following receipt of all oral testimony, the hearing was then concluded, on motion by Chairman Goehringer, seconded by Member Villa, and duly carried, pending deliberations and decision later. This resolution was duly adopted. --End of public hearings. The Regular Meeting remained open to the public until the end, as usual. IV. DELIBERATIONS/DECISION carryover from April 3, 1996: 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, NY; County Tax Map Parcel 1000- 27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. (Continued on next page. ) Page 15 - Minutes and Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4369. Upon Application of 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 100-31 C(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, NY; County Tax Map Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. WHEREAS, a public hearing was held on April 3, 1996, at which time all persons who desired , to be heard were heard and their testimony recorded, and written letters received, pro and con; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this variance application is based is dated February 9, 1996. The Notice of Disapproval is concerning the proposed occupancy as an accessory "artist studio" in an existing accessory building which has a nonconforming setback and yard location. Applicants have applied for a building permit to construct alterations for a new accessory use in this accessory building, while occupying the main building as . the applicants' single-family residence. 2. CODE REQUIREMENTS. The subject property is located in the R-80 Residential Zone District and contains a total lot area of five acres (more than double the minimum lot size requirements) . The provisions of the Zoning Code upon which this variance is requested is under Article I, Section 100-13 (Definitions) and under Article III, Section 100-31C-2-b as disapproved by the Building Page 16- Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 Inspector pertaining to ". . .home occupation, home professional office (artist studio) which is required to be located in the main building. . . ." Note: Artist studio alternatively as a principal use is not permitted; ref. Article III, Section 100-31A in the Residential Zone Districts. Other provisions pertaining to accessory buildings under the current zoning code (adopted 1/9/1989) are also noted below for reference purposes. Article III, Section 100-30A.4. Accessory buildings: . . .Accessory buildings shall be subject to the same requirements as Section 100-33 of the Agricultural-Conservation District. . . Article III, Section 100-33, Subsection A, provides that . .Accessory buildings and structures or other accessory uses shall be located in the required rear yard. . . , and Article III, 100-31C, Subsection 2-b, provides that: . . .(2) b. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein. . . : . . .(2) Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their. homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that:' 'Emphasis added above to accentuate as it applies herein. Page 17 - Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25 0) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line., such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or , music instruction is offered to groups in excess of five (5) pupils at one time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would ' cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything , set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding-houses, and uses similar to those listed above. (h) Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. . . (3) Boat docking facilities. . . (4) Garden house, tool house, storage building. . . Page 18- Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (5) Private garages. . . (6) Off-street parking spaces. . . (7) The storage of either or boat or travel trailer. . . (8) Horses . . . (9) Yard sales, attic sales, garage sales. . . (10) Wineries may have an accessory gift shop. . . " Section 100-13 DEFINITIONS: HOME OCCUPATION Amended 1-9-89, 4-9-91, 7-28-92: (1) Any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use. (2) Activities carried on by the residents which are connected with produce of the seas. . . (3) Tradesmen. . . . HOME BUSINESS OFFICE (Amended 1-9-89, 7-28-92) The business office of an individual which does not qualify for home professional office yet provides a service rather than the retail sale of goods (i.e. offices providing the service of consulting, advertis- ing, designing and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmission machine. IIOME PROFESSIONAL OFFICE (Amended 1-9-89; 4-9-91; 7-28-92) This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for home occupations, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides. ACCESSORY USE: A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. 3. PROPERTY DATA. The premises in question is a corner lot with frontage along Platt (or Halyoake) Road, and along a private road which extends a length of 790 feet, or more. As a corner lot, this parcel contains two "front" yard areas, and three accessory storage sheds are shown to be located in the most northerly front yard with a nonconforming setback from the traveled private road. The closest dwelling is shown to be more than 300 feet from the subject dwelling, and 150 feet, approximately, from the subject 1 Page 19- Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 storage shed location as exists. Site and building details are more particularly shown on the survey amended. August 30, 1990 prepared by Roderick VanTuyl, P.C. (and major subdivision map referred to as "Settlers at Oysterponds" approved April 9, 1984 by the Southold Town Planning Board for this five-acre parcel and other lots) . 4. PROPOSED VARIANCE. The applicant herein is requesting to locate an accessory use as a glass "art works studio" in an accessory building which has been located for many years in a front yard area. The building has been situated a short distance from a traveled, improved, private right-of-way for many years and has been used for storage purposes (potato and other types of storage) . The applicants propose to alter, renovate or upgrade this building to allow for the creation of glass art. The creative method involves the melting of glass, and is proposed as an accessory use on the same site as the residence of the applicants. The applicants confirm the size of this shed to be 24 ft. x 48 ft - shown on the August 30, 1990 survey map submitted under this request. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being 100 o for the location of the proposed home "professional studio" in the accessory building located in a front yard along or near a traveled, improved right-of-way. Accessory buildings are not permitted to be used as the "professional studio" of a resident or non-resident under the current zoning provisions. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of lots used and zoned for single-family residency. 7. NO PRIOR. APPEAL. The subject property has not been the subject of any other appeals or variances. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that the variance is pertinent to the "use" of, and "location of proposed use," in an accessory building. As such: (a) the record is not supported by sufficient evidence as to why the zoning ordinance cannot be complied with for the location of this accessory use in the main building as required by code; (b) the building which is proposed to occupy the "professional studio" is situated very close to a traveled roadway (right-of-way) and could establish an adverse effect to travelers, and in effect cause a detriment to the safety and general welfare of the neighborhood or community if granted; (c) the proposed use of this accessory building would be changed from accessory storage to an "active" art studio use which will require the installation of glass-melting furnaces, installation of outdoor propane tanks, and upgrading of the building to comply l Page 20- Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 with State Fire and Safety Codes which may allow very high temperatures (up to 2,000 degrees) in a furnace, (d) the proposed accessory use is allowable in the applicants' main building (residence) , rather than in a separate detached building, and based upon the record .before the board, the reasons provided do not fully substantiate the criteria necessary for the grant of this type of variance for a change of use of an accessory building, or for a new location of a professional studio in an area other than the main building; (e) as noted in paragraph 5 above, the relief requested is substantial in relation to the code requirements as to its specific location - although the studio use is an authorized land use (as an accessory use) in this zone district; (f) the reasons given in this variance request are personal in nature to the applicants rather than due to the uniqueness of the land since the owners/contract vendees will not be deprived of reasonable use of the residence and accessory uses incidental to the residence; (g) the relief, as requested, is similar to a "use variance" of an accessory building when used for melting of glass products rather than storage purposes, and melting of glass at 2,000+- degrees of temperature in furnace(s) would in turn require structural improvements to meet State Fire and Safety Codes, and together would affect the physical character in this immediate residential area; (h) the relief requested, for a change of location of this accessory activity into an accessory building rather than in the main dwelling structure, is not the minimum necessary and adequate to achieve a benefit to the landowner, and its requested location will not preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 9. ALTERNATIVE. In this proposed change, applicant has made available for viewing by Board Members (and other interested persons) their present "occupational studio activity" at their rental building situated along the east side of Rocky Point Road, East Marion, Town of Southold. In viewing the area and activities in the furnace and melting-shaping process, the Board Members agree that the glass works is an "art" allowable as an accessory use, subject to the specific conditions set forth in the zoning code for either a "home occupation" and/or as a "home professional office." One of the significant code conditions is that the accessory use as a studio must be located in the dwelling occupied as a residence. Works of glass art are not significantly different than works of wood art, photo art, art paintings, statue art, ceramics and other types of artistry material productions. The difference is the manner in which Page 21- Appl. No. 4369 Matter of Application - JESSE and SHELLEY REECE Decision Rendered May 29, 1996 (Deliberations & Decision - REECE, continued : ) the artwork is produced - melting of glass in a heat furnace, as compared with other types of processing, whether by ovens, or cold processes, chemicals and/or other materials. Glass art is not manufacturing in this Board's opinion. In researching the history of accessory occupations by artists and artisans over the past 39 years since zoning commenced. in Southold Town, artists, craftspersons, artisans, are not separated into different zoning use categories. Each has been treated under specific code provisions which apply to "artist, or practitioners of a similar character" under the former zoning codes, and as revised in its present language. The applicants alternatively may locate such professional glass-art "studio" in the applicants' residence. The subject accessory shed building also may continue for all types of storage purposes - related to the residential nature of the property as well as different types of allowable accessory uses - including storage of glass and articles relative to the creation of the glass art. Accordingly, on motion by Member Villa, seconded by Member Doyen, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Members Tortora, Villa, Goehringer Dinizio and Doyen. This resolution was duly adopted (5-0) . (Emphasis added above to accentuate as it applies herein.) 1 Page 22 - Minutes & Resolutions Regular Meeting of May 29, 1996 Southold Town Board of Appeals, IV. RESOLUTION.. Motion was offered by Member Tortora, seconded by Chairman Goehringer, and duly carried, to acknowledge receipt of the May 29, 1996 Affidavit by Ronald J. Mayer and confirming that the record is deemed concluded (closed) and discussed at the May 1, 1996 meeting, in order to commence deliberations. The Secretary noted that a reminder letter was sent to R._ Lark's Office on 5/22/96 indicating that the information had not yet been received, and the Affidavit followed shortly thereafter as the submission. DELIBERATIONS and DECISION followed. Appeal No. 4373: Upon application of RONALD J. MAYER filed by Richard F. Lark, Esq. for a variance based upon the Building Inspector's March 19, 1996 Notice of Disapproval issued under Article IIIA, Section 100-30A.2 whereby applicant applied for a building permit for permission to convert existing separate building for one-family dwelling occupancy, and/or to create a separate parcel containing less than the required lot area, width and depth in this R-40 Zone District. Building permit #12554Z issued 8/27/83 indicates the building inspector granted permission "to construct two-story non-habitable accessory building." Location of Property: 7735 Main Road, East Marion, County Tax Map Parcel 1000-31-2-26, a corner lot, \ containing a total area as exists of 25,210 square feet. Additionally, the building as exists will not conform to yard setbacks for a principal dwelling and additional variances are necessary for approval as a principal dwelling conversion. WHEREAS, a public hearing was held on May 1, 1996, at which time all persons who desired to be heard were heard and all testimony was heard and 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 in the "R-40 Low-Density Residential" Zone District and is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 2, Lot No. 26. 2. The subject premises as exists is presently improved with a single-family dwelling as the principal use, and an accessory two-story building (which building is the subject of the requested variances) . The lot as exists contains a total land area of approximately one-half acre. 3. By this application, the attorney for the appellant has submitted a proposal for consideration by the Board Members, described as follows: Page 23- Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals (a) proposed subdivision of this nonconforming one-half acre parcel into two smaller (nonconforming) parcels consisting of approximately 12,500 each, each containing one. of the two existing buildings; (b) proposed parcel #2 'would contain an existing two-story frame building, which will continue as a single-family dwelling use, and have a lot width along Rocky Point Road of approximately 130 feet, and an insufficient lot depth of 92.07 feet; (c) proposed parcel #1 would contain an existing two-story frame building, for occupancy as a single-family use rather than as an accessory hon-habitable building, and which. parcel would have a lot width along Rocky Point Road of 156.53 feet and insufficient lot depth of 98.00 feet (along Main Road, a/k/a NYS Route 25) . 4. In this R-40 Zoning Use District, a parcel of land is conforming with an area of not less than 40,000 square feet, depth of not less than 150 feet, and lot coverage at not less than 20 percent of the land area. 5. Board Members have viewed and are familiar with the dwellings, uses, lots, characteristics and other visible areas surrounding the subject property. The subject land is surrounded by other residential lots situatedin this R-40 Residential Zone District, bordered on the north by the Main State Road, on the east by residences, on the west by Rocky Point Road and across Rocky Point Road agricultural lands, and to the south residential properties. The R-40 Zone District extends across Rocky Point Road and across the Main Road (although there appears to be one dwelling still used seasonally as a preexisting, nonconforming inn or motel) . 6. In considering this application, the Board also finds, and determines: (a) that the relief requested for each lot as shown on the proposed subdivision map dated March 22, 1996, is very substantial in relation to the requirements, meeting only 310 of the requirements (40,000 x 31 0 = 12,400 sf), and meeting half of the present nonconformity existing (25,210 sf x 50 0 = 12,605 square feet); (b) that no town, or other agency approvals have been received pertaining to the conversion of the accessory building to its present use with two separate dwelling units (separate kitchens and living areas), or to the requested subdivision with variances; (c) the lots immediately adjoining this property contain substantially more land area than that proposed in this subdivision, and the relief requested is not in keeping with the neighborhood, the present zoning use regulations, or the general character of the neighborhood. 1 ' Page 24 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals (d) that the financial burden has not been supported by financial documentation or evidence, as to the margin of proof and loss with the other mortgaged lands of the former owner, and such documentation and evidence must be sufficient to warrant a grant of the relief requested; (e) the benefit sought by applicant may be achieved by some method feasible, other than an area variance (regarding alleged forgery, damage to property, bad business debt losses, and other property losses) ; (f) the variances requested will have an adverse effect and impact on the physical conditions in the neighborhood since the nonconforming land area will be cut in half, (doubling the density) , and in turn, the grant of lot size variances of this magnitude, due to personal or business financial hardships or misrepresentations, for this and other possible future property owners; (g) the difficulties were created by former property owners, who lost their financial and ownership interests in the property; (h) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the application as requested. Accordingly, on motion -by Member Tortora, seconded by Member Villa, it was RESOLVED, that the multiple requests for variances in this proposed subdivision project requested by RONALD J. MAYER, BE AND HEREBY IS DENIED without prejudice to apply for different relief, for the reasons stated above. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Villa and Tortora. Nay: Member Dinizio, who felt application should be granted based upon the testimony and record before him, and lack of enforcement by the town for five+- years.) This resolution was adopted with a majority plus one. (4-1) margin. Other Comments: Member Villa felt that the second dwelling structure could be relocated on a vacant, legal buildable lot; and that when the former owner applied for a building permit, the permit and C.O. was issued for an accessory non-habitable building and not a dwelling use. The building has been used illegally and without any town approvals for the rental as a second dwelling with two units. Member Tortora felt that there was a need to show proof of financial hardship or that the property could not obtain a reasonable return (use variance criteria), and that there was no evidence other than testimony of the applicant that the C.O. was forged. 0 PAGE 25 - Minutes & Resolutions Regular Meeting - May 29 , 1996 Southold Town Board of Appeals V . DECISIONS AND DELIBERATIONS , CONTINUED : Appl. No. 4377 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: DANIELE DUPUIS. LOCATION OF PROPERTY: 3380 Stillwater Avenue, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 137, BLOCK 1, LOT 15 (adj. 14) . APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. BASIS OF REQUEST: Consideration of a nonconforming lot improved with a barn building, which land area will contain a total lot area of 150' wide by 190+- feet, or 28,500+- sf. Applicant owns two nonconforming (adjoining) lots held in common ownership for a period of time from 1983 (and earlier) to the present time, when combined total 57,500+- sf in this R-40 Zone Dis trice. Reasons for Denial of Waiver: 1. Adequate proof was not submitted to show intent to build a single-family dwelling prior to the enactment of one-acre zoning in 1971. Separate tax bills for 28+- years, and separate purchase dates (two deeds) prior to 1971. are not sufficient proof. MOTION MADE BY Lydia Tortora SECONDED BY Robert A. Villa ACTION/RESOLUTION ADOPTED: Denied (without prejudice to apply for area variances which are different standards and criteria). VOTE OF THE BOARD: Ayes: Serge J. Doyen Lydia A. Tortora Robert A. Villa Gerard P. Goehringer Nay: James Dinizio, Jr. (felt application should be approved based upon belief by former assessors and other departments and agencies. County Tax Parcel System also shows this as a separate building lot created prior to 1977 which is also considered by the County Health Department when granting an "exemption" or "grandfathered" lot.) This resolution was duly adopted (4-1). V e .. Page 26 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals V I. Other Resolutions or Updates: A. Updates for Board Members - Committee Work Sessions None added to weekly calendar as of today. (Meeting time has not as yet been changed by P & Z as requested by ZBA members for scheduling after 6 p.m. , instead of mid-afternoon. B. RESOLUTION. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize and direct advertisement of new applications filed before ZBA office deadline (about 6/9) which are deemed complete by staff and/or chairman, FOR PUBLIC HEARINGS TO BE HELD WEDNESDAY, JUNE 26) 1996 commencing at 7:30 p.m. ; and BE IT FURTHER RESOLVED, to confirm those which are setback or accessory use-building projects to be Type II under SEQRA, without the need for coordination. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Villa and Tortora.. This resolution was duly adopted. VII. A. Review and Update by Board Members regarding application for variance regarding vacant R-80 zoned parcel: Wronowski for Cross Sound Ferry Services, Inc. Board Members confirmed application is incomplete and not ready for a public hearing for the following reasons: 1) applicant has not filed complete map requested by town for full review and proper coordination under SEQRA under town procedures. 2) Applicant Cross Sound Ferry met with Planning Board Members at a preliminary review conference as per Section 100-254A of the Zoning Code, to discuss proposed uses and development plan elements, and to determine conformity or other areas lacking detail or information. Cross Sound Ferry will be submitting one proposed plan, instead of four plans left undecided, about June 17, 1996. Next step: Applicant returns to Planning Board Members for a "preliminary conference" on the newest primary map, and then files additional information and nine (9) prints of the proposed (primary) map" with ZBA, for further processing and commencement of SEQRA lead agency coordination. Said preliminary conference expected to take place early June (or within 30 calendar days ref. 100-254) after written request therefor by applicant, for discussion on conformity and general development layout. 3) With regard to lead agency preference, the Board Members agreed to designate the Planning Board "lead agency", and request that the Planning Board as lead agency include the ZBA as an "involved (.1 Page 2 7 - Minutes & Resolutions Regular Meeting - May 29, 1996 Southold Town Board of Appeals agency" in the SEQRA process pertaining to ZBA jurisdiction on the most easterly residentially-zoned parcel. Applicant has at this time chosen not to proceed with a change of zone application on the R-80 parcel and instead has asked for a "use variance". The Planning Board is the major reviewer for the "entire project which includes several parcels - in the M-II Zone and the R-80 Zone as a single site plan review." B. General Special Exception reviews. Discussion on the most recent changes in New York Town Law regarding allowance for direct SE review and filing with ZBA without need for action by Building Inspector. Same rules to follow as presently exist, in that Board Secretary will review application and may request assistance of Members Tortora and Villa when use of Special Exception is questionnable or on its face unclear. (Special Exceptions do not require a Notice of Disapproval from the Building Inspector.) Town Law amendment copies were distributed to each Board Members for their update and future use. C. Outdoor display - proposed Local Law change. Member Dinizio briefly discussed as a result of the 4/11/96 code committee session. No changes or other suggestions were offered by anyone on this proposed Local Law. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:05 p.m. Respectfully submitted, inda Kowalski 6/14/96 Confidential Assistant Board of Appeals Gerard P. Goe ringer Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE �a 11,�j� HOUR f ) ;s-,:�,, e Town Clerk, Town of Southold