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HomeMy WebLinkAboutZBA-06/26/1996 APPEALS BOARD MEMBERS �p�QS�FFU(�cOG Southold Town Hall Gerard P. Goehringer, Chairman c y�e 53095 Main Road Serge Doyen v* Z P.O. Box 1179 James Dinizio,Jr. p Southold,New York 11971 Robert A. Villa �•�j p� Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES AND RESOLUTIONS REGULAR MEETING AND HEARINGS WEDNESDAY, JUNE 26, 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, JUNE 26, 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, Confidential 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 required. II. PUBLIC HEARINGS: The Chairman read the legal notice and application for each of the following applications at the beginning of each hearing at the times identified below. (Unless otherwise noted below, each hearing was concluded and closed, pending deliberations at a later date or later in the meeting after the hearings. See separate written transcript of hearings prepared under separate cover, and filed with the Town Clerk's Office for reference. 7:32 p.m. Appl. No. 4373A - RONALD J. MAYER. Applicant-owner is requesting a Variance for alternative relief, under Article IIIA, Section 100-30A.2, and/or Section 100-30C, for occupancy of second building in conjunction with use and ownership of main dwelling, as a single parcel. Location of Property: 7735 Main Road, East Marion, i. Page 2 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals NY; County Tax Map Parcel 1000-31-2-26, a corner lot containing a total land area of 25,210 square feet. After receiving further testimony, and discussions during the hearing, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to declare the hearing record closed (concluded) . This resolution was duly adopted. 8:00 p.m. JOINT HEARINGS held on the following two matters: Appl. #4389 - TIMOTHY GRAY and JIMBO REALTY. The owners are requesting a Special Exception as provided under Article X, Section 100-101B of the Zoning Code, for use of a portion of the property as a dwelling unit for occupancy by an on-site manager. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. approved by the Planning Board on or about 7/19/82. Property Tax Map Designation: 1000-59-4-8 and 9 (two separate lots to be combined as one for this building and site plan project) . Zone: B General Business. Total Size/Combined Lots: 2.8+- acres. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. As authorized under New York Town Law, Section 274-B-3, the owners are applying for Variances from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced front yard setback of two proposed buildings. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 and 9 as shown on the Minor Subdivision Map for Pudge Corp; 1000-59-4-8 and 9. Following the hearing statements, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to recess the hearing for a continuation on July 24, 1996. This resolution was unanimously adopted. PUBLIC HEARINGS, continued: 8:18 p.m. Appl. No. 3627 (as Amended) . LILLIAN VISHNO. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-25A, for three lots (created by deeds between 1947 and 1967) which have been determined merged as one parcel due to common ownership since on or about 7/1983, confirmed in the Building Inspector's Notice of Disapproval issued 5/24/96 under Section 100-25A. Property described by deeds dated 10/6/67, 6/17/55, 11/26/47, 6/17/61, to predecessors in . title, and acquired 1/26/84 by Lillian Vishno. Former County Tax Map Parcel Lots #44.1, 45, 46, 47, Section 48, Block 1 (now identified as 47.1) ; and former subd. Lot #s 16 and 17 on the 1904 Map of S. Buel Corwin Estate. Zone District: R-40 Residential. The hearing was concluded, pending deliberations and decision at a later time. ' Page 3-a - Minutes & Resolutions June 26 , . 1996 Regular Meeting Southold Town Board of Appeals Appl. #4393 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 6/26/96 APPLICANT: LAURIE GRAEB LOCATION OF PROPERTY: 16645 Main Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 115, BLOCK 2, LOT 4 BASIS OF ACTION: Article III, Section 100-31B(14) of the Zoning Code for Accessory Apartment in conjunction with owner's single-family residency-permitted by Special Exception issued by the Board of Appeals. MOTION MADE BY: J. Dinizio SECONDED BY: J. Goehringer ACTION/RESOLUTION ADOPTED: Approved Special Exception for "Accessory Apartment" as Defined by 100-13, as applied, and subject to compliance with conditions of Code for an Accessory Apartment, accessory to a single-family residency of the present owner, Laurie Graeb during her ownership of the property, and other applicable conditions specified in the Code, including but not limited to the following: a) The accessory apartment will be located only in the principal building. b) The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. c) The existing one-family dwelling contains at least sixteen-hundred (1,600) square feet of livable floor area. d) The accessory apartment shall continue to be over four-hundred fifty (450) square feet of livable floor area. e) The accessory apartment shall not, in the future, exceed forty (40 0) percent of livable floor area of the existing dwelling unit. f) A minimum of three off-street (on-site) parking spaces shall be provided. g) Not more than one (1) accessory apartment will be on this parcel at any one time. Page 3-b, Appl No. 4393 Minutes Re: SE for Laurie Graeb June 26, 1996 Regular Meeting h) The accessory apartment shall continue to meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. i) No change in the exterior entry to the accessory apartment to preserve the existing exterior appearance of this one family dwelling <shall not have a separate front entrance>. j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation <of the subject single-family dwelling>. k) The Certificate of Occupancy, once issued, will terminate upon transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupancy of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur. 1) This conversion shall be subject to inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. m) The existing building which is converted to permit this accessory apartment shall have a valid Certificate of Occupancy issued prior to January 1, 1984. n) The existing building, together with this accessory apartment, shall- comply with all other requirements of Chapter 100 (Zoning) of the Town Code of the Town of Southold. o) This conversion .for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. REASONS/FINDINGS: This application is made by the owner, Laurie E. Graeb who agrees to reside in the dwelling while the accessory apartment is occupied. Any change in ownership or residency will void this permit, and the new owner/new resident of the main dwelling unit may apply under the then-current zoning code provisions. All conditions of Section 100-31B(14) of the current zoning have been met allowing issuance of this Special Exception approval, subject in the future to compliance with these conditions. 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. ZBA:lk Page 4 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Tower Board of Appeals 8:35 p.m. Appl. No. 4388 - EDWIN C. KINSCHERF. This is an application for a Variance from Article XXIV, Section 100-244 based upon the Building Inspector's Notice of Disapproval issued May 3, 1996, for proposed addition at rear of existing dwelling with reduced rear yard setback at less than the 35 ft. requirement. Location of Property: 395 Inlet Lane, Greenport, NY; County Tax Map Parcel No. 1000-43-4-35. The hearing was held and concluded after all statements were received. 8:43 p.m. Appl. No. 4387 - DONNA I. WEXLER. This is an application for a Variance from the Bulk Setback Schedule, Column "i," based upon the Building Inspector's Notice of Disapproval issued April 24, 1996, for proposed addition at rear of existing dwelling with reduced front yard setback at less than the 60 ft. requirement. Location of Property: Inlet Lane, Greenport, NY; County Tax Map Parcel No. 1000-43-4-35. Size/Zone: 1.8 acre lot in an R-80 Residential Zone. Following the hearing, the Board took the following action: Page 5 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals Appeal #4387 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 26, 1996 APPLICANT: DONNA I. WEXLER PROPERTY: 200 Private Road #5, North of Bridge Lane, Cutchogue, NY. Parcel ID #1000-72-1-1.6. BASIS OF APPEAL: April 24, 1996 Building Inspector's Notice of Disapproval under Zoning Code, Bulk Schedule Column "i" frontyard setback requirement of 60 feet in an R-80 Residential District." RELIEF REQUESTED: Proposed addition at west side of garage/dwelling area, and front addition for raised steps which exceed 30 sq. ft. in area, all as shown on Drawing A-1 dated 11/17/95 and confirmed by memo dated 6/25/96 to Jenny Gould, Esq. from Richard Ward for Ward Associates, P.C. The proposed outside wall of addition is requested to be a 46-ft. front setback and oversized step/landscape of 200 sq. ft. requested at 35 feet from the front property line. MOTION BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer RESOLUTION ADOPTED: Granted at a 46 setback for the garage-addition and 35 ft. setback for the 200 sq. ft. landscaped front step area, all as shown on the 11/17/95 Drawing and Memo, as requested. (Note: The grant of this variance is based only on the Building Inspector's written Notice of Disapproval and does not apply to any other sections of the zoning code or other provisions of law.) REASONS/FINDINGS: The subject lot is an improved lot of 82,500+- sf in size. The dwelling had a nonconforming setback at 50+ feet (as existed prior to recent construction activities commenced under Building Permit #23140 on 11/29/95 issued under the zoning code,) plus an oversized step-landscaped area similar to that requested, also at a nonconforming frontyard setback. The result does not create a new nonconformance, and only a very small angle of the new garage addition between the pool and the dwelling requires a variance for new nonconformance. The relief requested is reasonable and minimal, and no undesirable change or detriment to adjoining properties or surrounding areas. VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, James Dinizio, Jr, Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted by all five members present. s Page 6 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals SEE RESOLUTION ON FOLLOWING PAGES RESULTING FROM APPLICANT'S REQUEST TO WITHDRAW APPLICATION at this time: Appl. No. 4376 - SCOTT RUSSELL. Recessed as requested until the next meeting. This is an application requesting a Waiver under Section 100-26 of undersized lot. 1000-136-1-19. 8:50 p.m. Appl. No. 4394 - WILLIAM and ELEANOR FORTE. Applicants-owners are requesting a Variance based upon the May 29, 1996 Building Inspector's Notice of Disapproval, under Article XXIV, Section 100-244B for permission to build portion of a new principal building (garage portion) with a reduced front yard setback. Location of Property: 1155 Harbor Lane, Cutchogue, NY; County Tax Map Parcel #1000-97-6-12.3; also referred to as Lot 3 on the Map of Minor Subdivision for Peter and Elloys Sterling." At the end of the hearing, the Board took the following action: Page 7 - Minutes & Resolutions Regular Meeting of June 26 , 1996 Southold Town Board of Appeals Appl. #4394 ACTION OF THE BOARD OF APPEALS DATE: June 26, 1996 APPLICANTS: WILLIAM AND ELEANOR FORTE LOCATION ,OF PROPERTY: 1155 Harbor Lane, Cutchogue. 1000-97-6-12.3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 29, 1996. Article XXIV, Section 100-244B, Proposed front yard setback for construction of garage to be attached to proposed new dwelling. MOTION MADE BY MEMBER VILLA, SECONDED BY MEMBER DINIZIO ACTION/RESOLUTION ADOPTED: APPROVED as applied - with a setback at 42 feet from the northerly front property line (near the center of the right-of-way for the reasons noted below). (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing construction activities.) REASONS/FINDINGS: 1. The new requirement was only changed in late December 1995 which change removed the relief provision (100-244C) that allowed reducted setbacks which were conforming at the time of the subdivision. According to assess- ment records, this lot was created prior to 1973, and is shown on the unfiled Map for Peter. and Eloys Sterling. 2. The rear yard will be the largest open area available, to the east of the proposed house location. 3. The dwelling to the north is of similar character as the dwelling proposed by the applicant in that the garage is attached, also facing the right-of-way. 4. If the house were turned, a very small and limited rear yard to the south would be created, and a larger side yard to the east (side yards may not be used for locating accessory buildings without further variances). 5. As mentioned above, the difficulties are related directly to the layout and configuration of the land in relation to two front lines (town street and a right-of-way which is treated as though it were a street or road in the present zoning interpretations.) 6. The difficulties are not personal to the landowners. 7. The variance is the minimum relief necessary, while still maintaining a proper side yard setback. 8. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 9. The character of the neighborhood will remain significantly unaffected. 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. (5-0). Page 8 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals 8: p.m. Appl. #4379 - LISA AND NIKOLA GALJANIC. (This was a Continuation from the last meeting.) Front yard setback for new dwelling. 1065 Bay Avenue, East Marion. Following the hearing, the Board took the following action: Page 9 - Minutes & .Resolutions Regular Meeting of June 26 , 1996 Southold Town Board of Appeals Appl. #4379 ACTION OF THE BOARD OF APPEALS i DATE: June 26, 1996 APPLICANTS: LISA AND NIKOLA GALJANIC LOCATION OF PROPERTY: 1065 Bay Avenue, East Marion. COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 4, 1996. RELIEF REQUESTED: Article IV, Section 100-244B, Proposed construction of a new dwelling, maintaining the existing dwelling's nonconforming front yard setback. MOTION MADE BY MEMBER DINIZIO, SECONDED BY CHAIRMAN 1.0EHRINGER ACTION/RESOLUTION ADOPTED: APPROVED with the condition lat fill not be placed, except as required by the Suffolk County Department of Health Services for the cesspool. area for 20 ft. in diamelbr (maximum) (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commenc. g construction activities.) 1 REASONS/FINDINGS: 1. The rear yard has depressions which are not planned to bE, filled*. 2. Applicant assures the rear yard will remain natural and not filled. 3. The small dwelling building is presently established at' a setback of 17 feet, although the proposed dwelling will extend beyond the established footprint within the required front yard setback areas (towardo" _the sides). 4. As mentioned above, there are difficulties related' directly to the topography of the land. 5. The difficulties are not personal to the landowner. 6. The variance is the minimum. 7. No adverse physical or environmE:ntal effects will be produced on adjacent properties, or the immediate area. 8. The charcter of the,neighborhood !nrill remain significantly,unchanged. *except fill permit for 20 ft. (diameter) sanitary system. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dhizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. i . I i I Page 10- Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals SHORT BREAK from 9:05 - 9:15 p.m. The meeting, reconvened immediately following the break at 9:15 p.m. 9:15 p.m. Appl. No. 4391 - JOHN and PATRICIA McCARVILL. This is an application for Variances, based upon the Building Inspector's Notice of Disapproval issued 5/30/96 in an application proposal to "subdivide existing lot", and disapproving the project under Article IIIA, Section 100-30A.3 and Section 100-30A.2, for: (a) insufficient lot area of proposed Lot #3, and (b) insufficient yard setback(s) of existing principal barn building. Property Location: 150 Waterview Drive, Southold, NY; County .Tax Map Parcel No. 1000-78-7-32.7. Zone: R-40 Residential. Flood Zone: (Proposed Lot #3 - B Zone area) . Following the hearing, the Board took the following action: Page 11 - Minutes & Resolutions Regular Meeting of June 26 , 1996 Southold Town Board of Appeals Appl. #4391 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 6/26/96 APPLICANTS: John and Patricia McCarvill PROPERTY LOCATION: 150 Waterview Drive, Southold. 1000-78-7-32.7. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector, Article IIIA, Section 100-30A.3 and 100-30A.2(c) . RELIEF REQUESTED: (1) Request for approval of proposed Lot #3 of a size 38,795 sf, including the flag portion included in the ownership of Lot #3, all as depicted on the map completed May 8, 1996, prepared by Roderick VanTuyl, surveyor, AND (2) request for insufficient front yard setback of larger barn (as a principal structure on this proposed Lot #3 (rather than as an accessory building to the existing main house, which house is now located on proposed Lot #2), and, if applicable, this 30-ft. front yard setback may be extended to a future building permit application if proposed to be converted as a dwelling, with one dwelling per lot (as regulated by zoning code use provisions) . MOTION MADE BY: J. Dinizio SECONDED BY: G. Goehringer ACTION/RESOLUTION ADOPTED: Approved as applied (concerning proposed Lot #3 of a total lot area of 38,795 sf and frontyard setback of existing building at 30 feet from its closest setback to the property (south) line. REASONS/FINDINGS: 1. Total lot area of proposed Lot #3 is minimal, for a variance of 1205 square feet, or 30 of the 40,000 sq. ft. requirement. 2. This plan is basically laid out consistent with that reviewed (without noted objection) in a minor subdivision application, presently pending with the Planning Board, will consist of 38,795 square feet while the remaining proposed lots will consist of 100% of the lot size requirement in this R-40 Zone District. 3. The former Certificate of Occupancy for Nonconforming Premises issued to Julius Zebroski (former owner) on 7/6/88 under #Z-17062 indicated that the nonconforming setback of the dwelling which exists (and now is shown on proposed Lot #2) has been nonconforming since the effective date of the zoning code(s). The other barn and shed buildings shown on the 1996 survey also preexisted the zoning code(s). 4. No other alternative is available to afford relief since there is no other available land area. 5. The difficulties are related to the layout of the land, and are not personal to the landowners. 6. The character of the neighborhood will remain significantly unaffected by this 1205 sq. ft. deficiency. Page 12- ZBA Appl. No. 4391 = Decision for John and Patricia McCarvill Date of Resolution: June 26, 1996 7. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area since all future construction or conversion for a single-family dwelling, or other new buildings for accessory uses, must comply with all zoning regulations and other codes which laws are also applicable to surrounding properties. 8. The variances granted for a reduction of lot size from 40,000 sq. ft. to 38,795 sf (1205 sf shortage), and confirming an established nonconforming front yard setback of an existing barn use (or for possible future conversion to a dwelling) are minimal. 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. continued on next page Page 13- Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals 9:45 p.m. Appl. No. 4392 ALEX S. KOZLOWSKY, TRUSTEE. This is an application for a Variance from Article III, based upon the Building Inspector's May 21, 1996 Notice of Disapproval for permission to locate accessory tennis court with a setback at less than 20 ft. from all property lines (Section 100-33B4), and with fencing over 4 ft. high in a front yard area (Section 100-231) . Location of Property: 6300 Indian Neck Lane, Peconic, NY; Parcel No. 1000-86-7-2.1. Zone: R-80 Residential. See action taken later in the meeting. 10:10 P.M. APPLICATION WITHDRAWN AND WITHOUT STANDING DUE TO TRANSFER OF OWNERSHIP FROM APPLICANT TO ANOTHER. Appl. No. 4390. This is an application was filed by RICHARD S. CORWIN, JR. as the then adjoining property owner, appealing the action of the Building Inspector in issuing Building Permit #23346Z on April 5, 1996. Applicant is requesting that ZBA action be taken to: 1) annul, reverse and set aside Building Permit #23346Z issued concerning property owned by Arthur H. Axberg, Jr. ; 2) to determine that the subject retaining wall cannot be constructed or maintained without a "floodplain development permit" for the retaining wall. Location of subject property: 3705 Camp Mineola Road, Mattituck, NY; County Parcel No. 1000-123-5-34. Size of Parcel: 12,500 sf.. total area. End of public hearings. Meeting remained open to the public until the end. x x x RESOLUTION WITHDRAWING AND DETERMINING APPLICATION WITHOUT STANDING: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to determine the Application of RICHARD CORWIN under Appl. No. 4390 withdrawn due to lack of proper standing due to the transfer of ownership to different persons, and as requested by the attorney, John Wagner of Esseks, Hefter and Angel. This resolution was unanimously adopted. III. OTHER DELIBERATIONS/DECISIONS: R. Mayer L. Vishno Kinscherf Kozlowsky. (Continued on next page) Page 14 - Minutes & Resolutions Regular Meeting of June 26 , 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4373A, (44373 Amended for Alternative) filed by RONALD J. MAYER. Applicant-owner is requesting a Use Variance for alternative relief, under Article IIIA, Section 100-30A.2 and Section 100-30C for occupancy of second building in conjunction with use and ownership of main dwelling, as a single parcel. Location of Property: 7735 Main Road, East Marion, NY; County Tax Map Parcel 1000-31-2-26, a corner lot containing a total land area of 25,210 square feet. WHEREAS, a public hearing was held on June 26, 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. PROPERTY SIZE & ZONE DISTRICT: The premises in question is located in the 11R-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. The lot as exists is substandard in size, containing 25,210 sf.. 2. EXISTING BUILDINGS AND PERMITTED OCCUPANCY. This undersized parcel 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) . A copy of Certificate of Occupancy #Z12815 dated Sept. 27, 1984 describes the occupancy for the subject accessory building to be permitted only as "Two-Story Non.-Habital (non-habitable) Accessory Building" - see Building Permit File #Z12815 which shows the December 9, 1969 survey prepared by VanTuyl & Son, and the two-story frame house (main building) and subject two-story building labeled "proposed accessory bldg." (also stamped 9-1-83 for facility hook-up with the main building by the County Department of Health Services and noted to be only for a non-habitable accessory building) . 3. PRIOR APPEAL AND DENIAL. This property was the subject of a recent denial for the requested creation of two undersized lots from the present substandard lot - see Appeal File #4373 filed 3-26-96 l Page 15- Appl. No. 4373-A • Application of RONALD J. MAYER Decision Rendered June 26, 1996 and Denial rendered by this Board on May 29, 1996, filed with the Office of the Town Clerk on June 10, 1996. 4. DISAPPROVAL BY BUILDING INSPECTOR/BASIS OF APPEAL. By this application, the appellant has submitted an appeal based upon a June 6, 1996 Notice of Disapproval by the Building Inspector in which applicant is requesting a permit for habitable use of the accessory building, and which building permit application was disapproved by the Building Inspector under Article IIIA, Section 100-30A.2(a)(1) permitted uses, under Section 100-31A(1) for the reason that the code permits only one, one-family dwelling on each lot. 5. REQUEST FOR USE-VARIANCE RELIEF. For consideration under this proposal is ". . .conversion of building #2 (subject accessory building) into a single-family house so that this parcel will contain two single-family dwellings under one ownership. . .". 6. CODE RESTRICTION. In this R-40 Zoning Use District, Article IIIA, Section 100-30A.2(A) , ref. 100-31A-1, provides that each parcel of land is limited to one-family detached dwellings, not to exceed one dwelling on each lot. Since the relief requested is not allowed by the code, the request is a use variance. 7. ALTERNATIVE CODE SECTION. For the record, it is noted that the applicant was made aware of Zoning Code, Section 100-30A.2B-1, which provides that an application for a Special Exception may be filed by an owner who proposes an "Accessory Apartment" as defined by 100-13, with owner-occupancy for a principal building (dwelling) having a valid Certificate of Occupancy issued before January 1984. Also discussed was the possibility of moving this building and adding it as part of the livable floor area of the main dwelling, as part of the principal use of the property. In discussing this option with the appellant, applicant indicated that he did not plan "owner-occupancy" as required by this code provision for Accessory Apartment, and he did not know if he would move the building over and attach it as part of the principal use. (He didn't know what he would do.) (Ref: 5/1/96 and 6/26/96 hearings) . 8. SINGLE-FAMILY RESIDENTIAL AREA. Board Members have viewed and are familiar with the surrounding areas and surrounding zone districts. Adjoining this parcel to the north (1000-31-2-25) and east (1000-31-2-27) are residential parcels, each improved with a. single-family residence and located in the R-40 Zone District. To the south is the Main Road, and along the southerly side of the Main Road are parcels located in the R-40 Zone, and a small portion zoned Resort-Residential RR (code provisions applicable to motel-type and similar occupancy) . Page I& Appl. No. 4373-A • Application of RONALD J. MAYER Decision Rendered June 26, 1996 1 9. STATEMENTS MADE. In the testimony presented during the present application as well as that confirmed at the May 1, 1996 hearing, and in reviewing documentation submitted in the record, the following facts are noted: a) appellant acquired the property by referee's deed on 9/7/1995 (foreclosure amount: $200,000, ref. tax equalization form EA-5217 and assessment records); b) appellant confirmed that prior to acquiring the property on 9/7/95, Mr. Mayer was the holder of a "blanket $410,000 mortgage" on four separate parcels; the former owners of the subject parcel (prior to 9/7/1995) were John and Niki Profiris - who owned the property for more than 15 years, and for many years used the main building as a single-family dwelling and accessory barn building as shown on the December 9, 1969 survey prepared by VanTuyl & Son; c) appellant confirmed that he and his representatives did not at any time during their direct involvement and financial interest in the property obtain original town documents, and failed to check the town files regarding a "photocopy" (later altered) of a Certificate of Occupancy for the accessory building. Appellant and his agents also failed to check any other town records before acquiring the property; d) copies of appellant's mortgage documentation and other legal material, with financial breakdowns, were requested during both this hearing and the May 1, 1996 hearing, regarding the mortgage closing, the referee's sale, and other information, and other financial agreeements made between the parties were not submitted by the appellant at any time during this application or the prior variance application to substantiate the grant of a use variance. Further, the record is inadequate and lacks evidence as to the alleged loss and/or profit during these time periods for the four properties in the "blanket mortgage" (during the several real estate transactions of the original loans, conveyance, payments for alleged rentals, if any, refinancing and sale regarding all other properties under the mortgage, mortgage payments, collateral and value of properties involved, mortgage foreclosure, etc.) e) Town records show that the former owner was on notice many times, and as testified at the May 1, 1996, the former owner refused access to the subject accessory building by enforcement (building) officers. The record does not show that periods of time that the subject accessory building was occupied by alleged "tenancy" by a former owner or relative, or anyone else, and very little information was given about a "tenant," the periods of time it may have been occupied, how it was occupied or used, etc. The subject accessory building has been vacant for a period of time before, Page 17- Appl. No. 4373-A Application of RONALD J. MAYER Decision Rendered June 26, 1996 and after it was acquired by Mr. Mayer (1995) by referee's deed. f) although the appellant has confirmed each building has been vacant and unoccupied, another notice was sent by, the enforcement department of the town when the owner's real-estate agency placed a sign at the premises indicating that a use other than "single-family" was being offered for sale, in January 1996. On or about March 11, 1996, Mr. Mayer applied to the building department for two, one-family dwellings on this parcel. 10. OTHER CONSIDERATIONS. In considering this application, the Board also finds, and determines: (a.) tha.t the relief requested is substantial in that the subject "accessory building" received permission from the town only for non-habitable occupancy, and to grant a use variance for conversion from accessory non-labitable use to a full dwelling use requires that "use variance" standards be met. In this regard, .the following "use variance" criteria., and other pertinent factors as noted in the entire record, have been considered: (b) that Appeal #4373 is the first appeal application properly coming before the Board of Appeals (determination rendered May 29, 1996) ; (c) the lots immediately surrounding this parcel contain only one single-family dwelling on each lot, and the. relief requested is out of character with the surrounding parcels in this neighborhood; (d) the request to obtain approval for more than one detached dwelling on this substandard parcel is very substantial at more than 100 o for the reason that the code does not permit habitable use in an accessory building; (e) the size of the parcel as exists is already undersized at 25,210 square feet, at 63% of the required 40,000 sq. ft. in this R-40 Residential Zone, and meets less than half the code requirement for a two-family use in a principal building (code requires 80,000 sq. ft. of land a.rea for a two-family use and this lot is only 25,210 sf) . (f) the variance requested is a "use variance" which must meet criteria set forth in New York Town Law; in using the test set by the Courts for a "use variance," the applicant has not demonstrated by submission of substantial evidence the following to warrant a grant of the relief requested: (1) the circumstances are related to the personal financial arrangements between the appellant and the prior owners, and the circumstances are not uniquely related to the land in question; Page 18 - Appl. No. 4373-A • Application of RONALD J. MAYER Decision Rendered June 26, 1996 (2) the property may continue to be used for the uses allowed in this R-40 Residential Zone District, to wit: one, single-family dwelling with accessory use subordinate and incidental to the residential nature of the property (without adding additional dwelling unit occupancies) . (3) Applicant has not demonstrated that under applicable zoning regulations he is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence. (4) Applicant has not adequately proven that the alleged hardship is uniquely related to the property and that it would not apply to a substantial portion of the district or neighborhood; the neighborhood parcels, and parcels throughout the Town of Southold, may follow similar steps to achieve the same result requested by appellant. (5) The requested use variance, if granted, will alter the essential character of the neighborhood which consists of one, single-family dwelling on adjacent and nearby parcels in the R-40 Residential Zone District. (6) The acquisition of the present owner and lack of knowledge on his part as to the contents of town records would have been prevented by just checking the town files, obtaining an sealed duplicate of the Certificate of Occupancy, and asking for proper documentation. (g) for the reasons noted above, the variance will in turn be adverse to the safety, health, welfare, comfort, convenience, and order of the town, and adversely affect nearby properties, and the benefit this residential neighborhood is greater when weighing the health, safety, and welfare of the community; (h) the variances requested will have an adverse effect and impact on the physical conditions in the neighborhood since other lenders and borrowers could follow the same steps and create similar situations by failing to check town records on zoning certificates, permits and other actions of record; (i) noncompliance and refusal to allow inside investigation after issuance of an "Accessory non-habitable building" Certificate of Occupancy was created by former property owners, whose testimony has not been offered in any respect and who we understand have a supreme court action against the present owner-applicant concerning the "mortgage foreclosure" by the applicant. (j) there has been no change in circumstances since the former appeal, and the financial and other legal documentation relative Page '19- Appl. No. 4373-A Application of RONALD J. MAYER Decision Rendered June 26, 1996 to the transfers and payments made to the applicant, has not been submitted, as has been requested at every hearing. (k) 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 and noted below. Accordingly, on motion by Member Tortora, seconded by Member Villa, it was RESOLVED, that the request of RONALD J. MAYER for a mother-daughter use in the "accessory non-habitable building" in conjunction with the use of the main building as a. single-family dwelling, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Villa and Tortora. Nay: Member Dinizio (no change in his position under former appeal who felt application must be granted based upon the testimony and record before him) . 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 (with proper permits) ; 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, which records have continued to remain the same; that the building had been used without any attempt by the former owner or current owner until March 1996 to attempt in obtaining approval for a rental, or second dwelling purposes. Chairman Goehringer indicated that he would not object to an application for a different proposal such as an application for a Special Exception for a proposed "Accessory Apartment in the Main Building with Owner Occupancy" since the owner could apply for a building permit to move the subject building and add it to the main dwelling for increased living area (part of the principal dwelling) , subject to applicable permits. This provision of law is available for parcels throughout the Town of Southold. Page 20- Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals June 26, 1996 ACTION OF THE BOARD OF APPEALS ZBA #4392 - ALEX KOZLOWSKY, TRUSTEE, FRANCES KOZLOWSKY LOCATION OF PROPERTY: 6300 Indian Neck Lane, Peconic, NY COUNTY TAX MAP DISTRICT 1000, SECTION 86, BLOCK 7, LOT 2.1 ALSO SEE PRIOR. ZONING RESTRICTIONS IN FORCE under Appl. #2367 (Kozlowsky) rendered as part of subdivision on 12/1/1977. BASIS OF APPEAL: The May 7, 1996 Application to Building Inspector for a. permit to construct accessory tennis court with fencing, disapproved by Action of the Building Inspector dated May 21, 1996, under Article III, Section 100-33B4 and Section 100-231, pertaining to excessive height of fence in a front yard location. RELIEF REQUESTED: Location of tennis court with court fencing at a height up to 10 feet (maximum) in a front yard area at less than the required 20 feet (lot having at least 80,000 sq. ft. of total land area). Amended "rough" sketch map shows tennis court with fencing to enclose an area of 54 ft. wide by 114 ft. deep, with a setback at not less than 10 feet from the easterly side property line and the remaining 23 feet from the westerly property line. MOTION BY Member Villa, SECONDED BY Member Doyen ACTION/RESOLUTION ADOPTED: Granted with the following conditions: 1) 54 ft. width by 114 ft. deep black fence enclosure, for tennis court use; (2) Setbacks shall not be closer than 10 feet to the easterly side property line in accordance with side yard requirements provided in 1977 zoning code regulations and restrictions of prior Appeal No. 2367 rendered 12/1/1977 pertaining to the land division; (3) 8 ft. high pine trees shall be planted and continuously maintained on the westerly side of the property as agreed, with additional evergreens or other screening determined after an on-site inspection (expected in the Fall 1996) by Chairperson and one ZBA member; (4) Owner, subsequent owners, its successors, and/or assigns, shall continuously maintain evergreen screening a distance of 115 ft. in good condition at all times (along the westerly property line) while the tennis court is in existence; (5) its location shall be 523 feet from the existing dwelling, as requested; (6) court to be unlighted; no evening {after-dark) use; (7) subject to compliance with former 1977 conditions under Appeal #2367 as well as compliance with conditions of building permit when and if ' Page 2 1- Appeal No. 4392 • Application of ALEX KOSLOWSKY, TRUSTEE Decision Rendered June 26, 1996 issued, and certificate of occupancy for the same once built and inspected. REASONS/FINDINGS: Unable to build court in any other area without a variance. Although the current variance request is substantial meeting only 50 0 of today's requirements (10 ft. instead of 20 ft.), however its location will conform with the 1977 zoning code side yard setbacks applicable when this lot was recognized and approved by the Town; the relief requested is the minimum necessary to afford relief; the relief requested is related to the narrow layout of the land with a nonconforming lot width; the setback reduction is not unreasonable under the circumstances, and a grant of the variance will continue to preserve and protect the character of the neighborhood and the health, safety and welfare of the community without detriment to adjoining properties. 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. ZBA:lk Page 22 - Minutes & Resolutions Regular Meeting of June 26 , 1996 Southold Town Board of Appeals Appl. #4388 ACTION OF TIIE BOARD OF APPEALS DATE OF ACTION: 6/26/96 APPLICANT: EDWIN C. KINSCHERF LOCATION OF PROPERTY: 395 Inlet Lane, Greenport. COUNTY TAX MAP DIS`1'R.ICT 1000, SECTION 43, BLOCK 4, LOT 35. BASIS OF APPEAL: Notice of Disapproval issued May 3, 1996 by the Building Inspector, under Article XXIV, Section 100-244. RELIEF REQUESTED: Reduced rear yard setback at 21 feet at its closest point from the rear property line for proposed 15' (maximum) addition, maintaining conforming (existing) side yards. MOTION BY: L. Tor.tora SECONDED BY: S. Doyen ACT ION/RESOLUTION ADOPTED: APPROVED AS APPLIED. (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing cons tr.uction activities. ) REASONS/FINDINGS: 1.. Unable to expand to a second story due to difficulties personal to the landowner. 2. Unable to build in any other area without a variance. 3. The variance is the minimum relief necessary, while still maintaining a proper side yard setback. 4. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 5. The character of the neighborhood will remain significantly unaffected. 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. ZBA:lk Page 23 - Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals Appl. #3627 ACTION OF THE BOARD OF APPEALS DATE: June 26, 1996 APPLICANT: LILLIAN VISHNO LOCATION OF PROPERTY: 135 Corwin Street, Greenport.COUNTY TAX MAP DISTRICT 1000, SECTION 48, BLOCK 1 LOT 47.1 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector updated May 24, 1996 (initial date: 1/24/96) . Section 100-25A. RELIEF REQUESTED: Article II, Section 100-26 for Waiver of undersized lot. MOTION MADE BY MEMBER VILLA, SECONDED BY MEMBER DOYEN. ACTION/RESOLUTION ADOPTED: DENIED. REASONS/FINDINGS: 1. Present County Tax Map shows as a single parcel, and grant of a waiver would show new lot lines. 2. The broken lines on the current County Tax Map shows former two lots as existed on the 1904 "Corwin Estate Plan." 3. The lot was combined as a single lot on a single tax bill in 1984 when transferred by the prior owner (Hulse) . 4. Recreation of proposed undersized lot area for each of the requested two, or alternatively three, lots shown on 1947 Map of "Albert A. Olsen" is a substantial reduction (80 0) of the lot size requirements in this R-40 Zone District (40,000 sf minimum required to conform) . 5. Proof submitted does not adequately prove former owner, or present owner's intentions to keep each portion as separate lots for purposes of building a single-family dwelling on each before merger ordinance and before zoning to one-acre size. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. (James Dinizio, Jr. abstained from vote - distant relative of his spouse.) This resolution was duly adopted. Page 24- Minutes & Resolutions ti Regular Meeting of June 26, 1996 Southold Town Board of Appeals IV. Other Resolutions or Updates: A. Updates for Board Members - Committee Work Sessions. None added to weekly calendar as of today. Also meeting time has not as yet been changed by P & Z as requested for scheduling after 6 p.m. for attendance by ZBA Members, instead of mid-afternoon. B. On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to authorize and direct advertisement of the new applications to be held JULY 24, 1996 and filed by 6/24 which are deemed complete by office and which are setback or accessory building applications (Type II under SEQRA) . Ayes: All. This resolution was duly adopted. C. UPDATES: New application for variance regarding vacant R-80 zoned parcel: Wronowski for Cross Sound Ferry Services, Inc. Application is still incomplete and not ready for a public hearing for the following reasons: 1) applicant has not filed maps requested by town agencies for coordination under SEQRA and full reviews 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 submitting newer plan about June 22, 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 and/or SEQRA lead agency coordination expected to take place within 30 calendar days (ref. 100-254) from written request therefor by applicant, for discussion on conformity and general development layout. 3) With regard to lead agency preference, it was confirmed that the Appeals Board Members previously agreed to allow the Planning Board designate "lead agency status" at the proper time, and to include the ZBA as an "involved agency" in the SEQRA process. The Planning Board is the major reviewer for the entire project which includes several parcels, while the ZBA has jurisdiction only on the easterly R-80 parcel at this time. k� Page 2 5- Minutes & Resolutions Regular Meeting of June 26, 1996 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 11:40 p.m. Respectfully submitted, Linda Kowalski Gerard P. Goehrit er `Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/a/l6 f 9Z HOUR rj;,5.j 21downClerk, Town of Sou#