HomeMy WebLinkAboutZBA-11/19/1996 SPEC J
APPEALS BOARD MEMBERS SUFFO�,�co
�O p Southold Town Hall
Gerard P. Goehringer,Chairman c y` 53095 Main Road
Serge Doyen A Z P.O. Box 1179
James Dinizio,Jr. p Southold, New York 11971
Robert A. Villa �O� �ap�� Fax(516)765-1823
Lydia A.Tortora Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
TUESDAY, NOVEMBER 19, 1996
A Special Meeting of the Southold Town Board of Appeals was held on
TUESDAY, NOVEMBER 19, 1996 at 6:45 p.m. Present were:
Gerard P. Goehringer, Chairman and Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Linda Kowalski, Board Assistant
Absent, as agreed due to travel: S. Doyen of Fishers
island.
I. 6:45 p.m. WORK SESSION. One or more Board Members reviewed and
briefly noted documentation in the pending files. No action was taken
during this review period. Member Tortora discussed different standards
and asked the board get together with the Town Attorney to discuss use
variance issues generally and projects involved wetlands, and if time
permits outstanding matters. The Chairman determined that he will set
7 p.m. every Tuesday evening during the week of a calendared ZBA Regular
Meeting for Board Members as a group to consult with the Town Attorney
under the attorney-client privileges, and confirmed the first meeting will
be on December 3rd, 1996. The only exception would be the Tuesday that
the Town Board meets since the Town Attorney is not available on that
day. The Chairman believed it would be about six times a year (note: it
turns out to be once for the whole 12-month period based upon the two
boards' calendars for 1997, the next TA session to be 1/14/97. Next,
Chairman Goehringer asked Board Members for their support in his interest
for reappointment as Chairman for 1997, and his appointment as alternate
Chairman (Pro Tem) Member J. Dinizio. Member Dinizio accepted, however,
Members Villa and Tortora asked for suggestions for more member
discussions and communications involving decision-making, legal and other
issues, as a group. The Chairman indicated he will keep the present
system, which doesn't prevent any member from preparing on his/her own
time conveniently, sand to keep it on a case-by-case basis, except under
unusual circumstances. Other general discussions continued without a
specific agreement for any board changes at this time.
II. 7:00 p.m. REGULAR SESSION. The Chairman called the meeting to
order and proceeded with the first item on the agenda, as follow.
Page 2 - Minutes
Special Meeting of November 19, 1996
Southold Town Board of Appeals
III. RESOLUTIONS
A) Motion was made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, adopting a RESOLUTION confirming the following
hearings for December 12, 1996, and advertising in the local official
newspaper of the Town as designated by the Town Board for 1996:
1. 7:15 p.m. Appl. No. 4438 - GIUSEPPE & LAURIE COMO,
This is an application for a Variance based upon the November 1996
Action of Disapproval by the Building Inspector under Article III,
Section 100-33C, in which applicant applied for a building permit to
locate accessory building, and that yard area has been designated a
second front yard. Location of Property: 265 Youngs Avenue,
Southold, NY: Parcel ID #1000-61-4-38.2.
2. ' 7:20 p.m. Appl. #4439 - KID N' ROUND by THERESA
WALKER. (Owner of Property: Anthony Pirrera). This is an
application for a Special Exception for occupancy/use of a rental
unit in an existing business center located at 46455 County Road 48,
Southold, NY; Parcel #1000-55-2-21, for use as a commercial
recreation facility, and uses normally accessory and incidental to
commercial recreation, as provided by Article X, Section 100-101B(6)
of the Zoning Code. B-General Business.
3. 7:25 p.m. Appl. No. 4429 Special Exception application .by
LILCO. Carryover from 11/14/96. Proposed gas compressor station.
4. 7:25 p.m. Appl. No. 4430 - Variance application by
LILCO. Carryover from 11/14/96. Proposed fence height up to 8 ft.
from lowest finished ground level.
5. 7:35 p.m. Appl. No. 4437 - DAVID AND BONNIE PASCO.
Special Ezception request to establish office use as principal use on
first floor of building located in this Residential-Office (RO) Zone
District. Location of Property: 51100 Main Road, Southold, NY;
Parcel #1000-70-2-7. Certificate of Occupancies confirm existing use
of building to be single-family with accessory professional office.
6. 7:40 p.m. Appl. No. 4440 - ADLYN SYVERSON. Variance
to build extension to dwelling at 420 Private Road #17, off Camp
Mineola Road, Mattituck, NY; Parcel #1000-
7. 7:45 p.m. Appl. No. 4441 - FRED AND RUTH ROSSI.
Variance for shed at 165 Brigantine Drive, Southold, Parcel
#1000-79-4-45.
8. 7:50 p.m. Appl. No. 4442 - COSTAS and MARY CAVIRIS.
Request for waiver under Article II, Section 100-26 concerning a
vacant lot identified as 1000-106-2-34, which has been deemed merged
in the October 11, 1996 Action of Disapproval by the Building
Inspector. The adjoining parcel which is included in the merger
Page 3 - Minutes
Special Meeting of November 19, 1996
Southold Town Board of Appeals
determination is identified as a house lot, Parcel #1000-106-2-40.
These lots are shown on the Map of Captain Kidd Estates approved
in 1948 by the Southold Town Board. Present Zone District: R-40
Residential.
9. 8:00 p.m. Appl. No. 4444 - ROSWITHA AICHINGER.
Variance for gazebo, "as built" in its present location, based upon
the November 13; 1996 Action of Disapproval by the Building
Inspector, and Article XXIII, Section 100-239.4A(1). Location of
Property: 29827 Private Road off the northerly side of Main Road,
Orient, NY; Parcel #1000-14-2-p/o 1.1 (now 1.8).
10. 8:10 p.m. Appl. #4401 - DAVID DEFRIEST, Tenant. (and
Mr. and Mrs. Joseph Gnozzo, as Owners.) The applicant is
requesting a Variance regarding the June 3, 1996 Building Inspector's
Notice of Disapproval under Article VIII, Section 100-81A, for a Use
Variance, based upon tenant's application to the Building Inspector
for a car rental business. The Variance shall also address the
proposed outdoor yard area for showing of vehicles for rent in an
area to be designated under this use variance, if allowed. The
grounds for which the June 3, 1996 Building Inspector's action was
issued are: Automobile rental use is not a permitted use in this
Limited Business (LB) Zone District. 73625 Main Road, Greenport,
NY; County Parcel No. 1000-45-3-2.
11. 8:30 p.m. Appl. No. 4410 - GARY SACKS and ALAN
SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval
from the Building Inspector, applicants request a Variance under
Article XXIII, Section 100-239.4B for a proposed deck addition within
75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; 1000-145-4-7.
B) Motion was made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, adopting a RESOLUTION confirming 1997 Schedule
of Hearings and Regular Meetings as prepared by Linda Kowalski. Note:
First Regular Meeting and hearings to be January 16th (instead of January
9, 1997) commencing at 7:00 p.m., or earlier as may be modified at a later
date. Also, work sessions by individual board members commencing at 6:30
p.m., or as soon thereafter as may be possible for file updates of hearing
matters.
C) Motion made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, confirming a RESOLUTION under SEQRA, all new
applications advertised for the November 14, 1996 hearings and the
Dedcember 12, 1996 hearings, as relate to a residential use, waiver requests
under merger law (100-26), lot size and building setbacks from property
lines, building coverage (o of lot), all accessory uses, fence height
variance, and similar regulations.
D) On motion by Chairman Goehringer, seconded by Member Dinizio,
it was RESOLVED, to confirm LILCO application #4429 as an Unlisted Action
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Page 4 - Minutes
Special Meeting of November 19, 1996
Southold Town Board of Appeals
and Negative Declaration under SEQRA in its application is for use of a
proposed facility-type building (public utility use), and
E) IT WAS FURTHER RESOLVED, to confirm KID N' ROUND
application as an Unlisted Action and determining Negative Declaration under
SEQRA, in its application is for a Special Exception for proposed children's
recreational use by new tenant in an existing building unit. Vote of the
Board: Ayes: All. This resolution was unanimously adopted (4-0).
IV. DELIBERATIONS/DETERMINATIONS as listed below are continued on
the next page:
WAIVER: RUTH W. BOEHLING and R. WRIGHT.
WAIVER: Vincent and Edna Quatroche.
WAIVER: Marie Tober.
WAIVER: Francis and Christina Doyen.
B & B: Norman Whitehead.
BERM: Henry Traendly.
DECK: Robert Turner.
Page 5 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
x a �
Appl. #4435 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: 11/14/96 APPLICANTS: RUTH BOEHLING/R. WRIGHT
LOCATION OF PROPERTY: 290 Custer Avenue, Southold
COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 8, LOT 31.
BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code
for a Waiver. Action of Disapproval was issued October 16, 1996 by the
Building Inspector under Section 100-25A for this undersized parcel.
FINDINGS OF FACT: Lot size is approximately one-half acre and was
created by Planning Board approval on August 1, 1961, referred to as
Lot #8 on the Map of Section One, Fairview Park. The dimensions are
115.94 ft. by 175.0 f t. deep. The adjoining lot (Subdivision Lot #9 is
improved with a single-family dwelling, built in 1976 during one-acre
zoning.) This lot became merged in 1992 due to a Life Estate. Prior to
the Life Estate, the lots were recognized as separate lots in different
ownership for 23+ years, and met the zoning requirements at the time of
creation (1961 by subdivision approval) .
REASONS: The neighborhood consists of improved lots similar in size; ,
the grant of this waiver will not substantially increase the density of
the neighborhood (for this particular single lot); a denial of the
waiver will cause economic hardship to the owners; the county and town
parcel assessment records show this as a separate parcel on a 1961
town-approved Map (Fairview Park); the natural details and character of
the contours will not be significantly changed or altered, and there is
no need to fill or substantially alter the land.
MOTION MADE BY: R. Villa SECONDED BY: J. Goehringer
ACTION/RESOLUTION ADOPTED: Granted, as applied.
VOTE OF THE BOARD: Ayes: James Dinizio, Jr. , Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. This resolution was
unanimously adopted, 4-0. (Member Doyen of Fishers Island was
absent, as agreed due to the traveling time and expenses involved.)
Page 6 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
Appl. No. 4428 ACTION OF THE BOARD OF APPEALS
APPLICANTS: VINCENT AND EDNA QUATROCHE. DATE OF ACTION: 11/19/96
FINDINGS OF FACT:
LOCATION OF SUBJECT PARCEL: 1000-33-4-69; 130 Sunset Lane, Greenport.
ADJOINING PARCEL: 1000-33-4-70 known as 160 Sutton Place and (#) Sunset
Lane, Greenport, improved with a single-family dwelling and permitted
accessory uses.
CHARACTER OF IMMEDIATE AREA: Lots which are substandard in size, some
larger than the subject parcel and others similar in size.
APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26.
PARCEL CREATION DATES: Deeded by Quatroche Family on two different
dates, in separate deeds: 1957 and 1968.
PARCEL SIZES: 7400+- sf. each and 75 ft. road frontage. , 100 ft. lot depth.
BASIS OF REQUEST: Action of Disapproval issued by the Building Inspector
on a request for a merger determination (application for building permit for a
future dwelling) dated September 23, 1996.
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 merger law which has been enforced since
1983.
2. Separate assessments and separate tax bills for 27+- years, and separate
purchase dates (two deeds) are not attributable to zoning laws (instead are
for building and land assessment and taxes).
3. Lots are significantly smaller than the zoning size of 40,000 required in
this R-40 Residential area.
4. Nonconforming setbacks would be further reduced if the waiver were
granted. Variances would be required to build on the requested lot due to its
substantial nonconformities.
5. Common ownership of both lots has existed for 27+- years.
MOTION MADE BY R. Villa SECONDED BY L. Tortora
ACTION/RESOLUTION ADOPTED: Denied, as applied.
VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Robert A. Villa
Gerard P. Goehringer. (Nay: James Dinizio, Jr. (felt application should be
approved). This resolution was duly adopted (3-1). Member Serge Doyen of
Fishers Island was absent, as agreed due to the travel and expenses involved
from Fishers Island to Southold.
Page 7 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
Appl. No. 4432 ACTION OF THE BOARD OF APPEALS 11/19/96
APPLICANT: MARIE TOBER
SUBJECT PARCEL: 100 Wood Lane, Greenport. 1000-43-04-33.
ADJOINING PARCEL: 55 Inlet Lane, Greenport; 1000-43-4-38.
GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval
issued October 9, 1996 stating ". . .Under Article II, Section 100-25A(1)
Merger, proposed construction for a dwelling on a non-conforming lot created
prior to 1957 that has been held in common ownership with adjacent
non-conforming lots sometime after July 1, 1983. . . .11
TYPE OF REQUEST: Waiver under Article .II, Section 100-26.
OTHER INFORMATION:
1. This vacant lot #33 was conveyed with a lot area of 10,500+- sf. to Mr.
and Mrs. Kenneth C. Rogers 6/17/64 during 12,500 sf.. zoning size
requirements. No dwelling was ever constructed and no permits were
obtained for this vacant lot.
2. The adjoining lot #38 consists of a lot area of 14,500+- sf., which in
1967 was conforming under 12,500 sf.. minimum zoning requirements. A dwell-
ing was built in 1968 upon this lot.
3. Deeds have been furnished to show the lots were single and separate up
until the date of death of Mr. Tober (see reference on Assessor's Property
Card of 2/96).
REASONS FOR GRANT OF WAIVER:
1. The above facts are hereby reiterated and included.
2. Each has always had single tax bills since lot creation dates.
3. The 12,500 sq. ft. zoning was adopted by Town on 4/23157 (lot merger
theory was not strictly enforced since about 1981/1983 for local zoning
matters).
4. This neighborhood consists of many lots similar in size.
5. The land will not require a change or alteration in contours or slopes, or
substantial filling of land.
6. The increase in density by this lot waiver is for "one house" since one of
the properties has already been improved with single-family dwelling
construction.
7. Most lots in this development have been built upon.
8. The grant of this waiver does not set a precedent for other vacant lots
due the unique circumstances of this particular case history.
MOTION MADE BY G. Goehringer SECONDED BY J. Dinizio.
ACTION/RESOLUTION ADOPTED: Waiver granted as applied (each for County
Tax Lots 33 and 38 pursuant to deeds creating the same).
VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Gerard P. Goehringer,
Page 8 - Appl. No. 4432
Waiver Request - Marie Tober
Decision Rendered November 19, 1996
James Dinizio, Jr. Nay: Member Villa {due to the small size of the lots
(under 20,000 sf.) and that it is his opinion it is not in character with all
of the lots in the area.) This resolution was duly adopted (3-1) .
Appl. #4433 ACTION OF THE BOARD OF APPEALS Nov. 19, 1996
APPLICANTS: FRL-ANCIS & CHRISTINA DOYEN
LOCATION OF PROPERTY: Hedge St. Fishers Island
COUNTY TAX MAP DISTRICT 1000, SECTION 10, BLOCK 7, LOT 26,
referred to as New York State land, which adjoins the Doyens' Lot 17
(now merged as one forming a new lot number 26.1) .
BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code
for a Waiver. Action of Disapproval was issued October 9, 1996 by the
Building Inspector under Section 100-25A for this undersized
state-owned parcel of land.
FINDINGS OF FACT: This tract of land is improved with a single-family
dwelling and has been owned for many years by the State of New York.
There is public water available to both lots. This land, many years
prior to 1957, was filled by the State. The applicant's land, along
which the State lot adjoins, is also improved with a single-family
dwelling. Both dwellings are evidenced by a written Pre-Certificate of
Occupancy issued by the Building Department under No. Z11240Z dated
October 6, 1982. The merger of the two lots was formed when the State
of New York conveyed by Letters Patent ownership to the immediately
adjoining landowners, Francis and Christina Doyen, the applicants
herein. The State would not convey in any other names and therefore a
merger could not be avoided. The lots were always held in separate
ownership continuously prior to the Letters Patent dated April 2,
1996. The owners have offered written easements, in perpetuity, to
the waterfront lot over the landward lot (formerly 17, now 26.1) owned
at this time by the applicants herein, for sufficient fire access, and
for maintenance and use of the sanitary system.
REASONS: The dwelling which exists on 'the existing waterfront parcel
cannot continue to be landlocked, and as part of this Waiver, approval
is conditioned upon written easements in perpetuity, recordable in the
County Clerk's Office, for proper fire access and maintenance of the
sanitary system. The neighborhood to the north consists of improved
lots similar in size; the grant of this waiver will not increase the
density of the neighborhood since each is already improved with a
single-family dwelling; a denial of this waiver would cause economic
hardship to the owners; the county and town records show these two
tracts in existence and in separate ownership prior to 1996; the natural
details, character, and contours will not be significantly changed or
altered, and there is no need to fill or substantially alter the land.
The Town has issued Certificate of Occupancy No. Z-11240 confirming
occupancy of each of the two subject dwellings.
Page 9 - Appl. No. 4433
Waiver Request: Francis & Christina Doyen
Decision Rendered November 19, 1996
MOTION MADE BY: J. Goehringer SECONDED BY: J. Dinizio, Jr.
ACTION/RESOLUTION ADOPTED: Granted, with the following
CONDITIONS: (1) that the subject lot must have a written easement, in
perpetuity, over the front, landward Doyen lot, for proper fire access
along the southerly yard portion of the inside (Doyen) lot, referred to
as Lot 17; (2) that the subject lot must have a written easement, in
perpetuity, over the front, landward Doyen lot, for continued
maintenance and use of the sanitary system; (3) said easements shall
be reviewed and approved by the Southold Town Attorney, and recorded
with the Suffolk County Clerk's Office.
VOTE OF THE BOARD: Ayes: James Dinizio, Jr. , Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. This resolution was
unanimously adopted, 4-0. (Member Doyen abstained from participation
and was absent.)
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Page 10 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
FINDINGS OF FACT AND DETERMINATION
Appl. #4431SE November 19, 1996
Applicant: NORMAN WHITEHEAD
Findings of Fact
Parcel ID: 1000-23-1-2 .3
Parcel Location: 14909 ROW OFF N/S Main Road, East Marion
Size of Parcel: 1 .56+- acres/Nonconforming/R-80 Zone; created by
Planning Board subdivision approval November 1980.
Applicable Code Provisions Herein: Art. III, Sec. 100-30A.2Band
100-31B(14a-d) , Zoning Code as amended 2-7-95 by Local Law #3-1995
which provides for an allowance of not more than three bedrooms for
rental as an Accessory Bed and Breakfast, subordinate and
incidental to the residence of the applicant in a principal single-
family dwelling, for lodging with serving of breakfast to not more
than six (6) casual, transient roomers in accordance with
conditions (a) , (b) , (c) and (d) of 100-31B(14) .
Request Herein
Special Exception for Accessory Bed and Breafast, Use, as provided
above. Applicant has submitted a plan labeling .each room, for a
total of three bedrooms, to be used for lodging as an accessory
transient B & B use. Applicant submits that he•;is the owner and
residence of this, single-family dwelling and understands that he
must continue to do so while operating this accessory residential
use.
BOARD ACTION:
Motion by Member Tortora, seconded by Member Goehringer, it was
RESOLVED, to CONDITIONALLY GRANT the request for accessory
residential bed-and-breakfast use based upon the specific
information confirmed by applicant and his intentions to comply
with zoning code conditions and other applicable codes, and further
to comply with the following additional conditions : (1) As
required by New York Town Law, Section 280-A, the. subject right-of-
way to the dwelling must be continuously maintained in good
condition at a clearance of twelve feet wide, . and leveled with
crush concrete, bank run or stone blend mixture. for future use;
(2) all pot holes within the right-of-way from the Main State Road
to the dwelling shall be filled and conti*uously maintained
(filled) ; (3) this B & B approval is limited to the three bedrooms
labeled by applicant in this request and inspected by board
members; (4) owner must reside at this dwelling and must be the
A
`4.
Page 1 1 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
(Decision continued , Appl . #4431SE - N . Whitehead : )
operator of the accessory residential
B & B use; the B & B use shall cease and discontinue upon transfer
of the property to different owners, other than the applicant, or
upon different residency of the applicant herein.
REASONS: The subject dwelling is a single-family dwelling (ref:
PreC.O. April 17, 1996 #24292) . Residency has been confirmed by
the owner-applicant herein. Also see full testimony received and
discussed at the hearing he on 11/14/96 for this application.
Before operation by owner of this use, inspections under the
pending building permit -and inspections for the proposed new B & B
use must be obtained, and further permit issued by the Southold
Town Building Inspector.
VOTE OF THE BOARD: Ayes: Members Dinizio, Villa, Tortora and
Goehringer. (Member Doyen of Fishers Island was .absent, as agreed,
due to distance of travel and expenses involved. ) This resolution
was duly adopted, 4-0 .
Page 1 2 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
Appl. #4421 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: 11/19/96 APPLICANT: HENRY TRAENDLY
LOCATION OF PROPERTY: 13220 Main Road, East Marion
COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 14, LOT 12.
BASIS OF ACTION: July 12, 1996 Notice of Disapproval by the Building
Inspector; Article XXIII, Section 100-231 of the Zoning Code
for approval of four ft. high fence on top of a four ft. high berm, as
exists, located in the front yard of this. residential zone.
FINDINGS: Berm and fence height visibly appears to be up to almost 12
ft. height, rather than the 8 ft. total height requested in the
application. (Agent for representation has not confirmed exact height
for the record, by transit or other tools). The applicant has an oval
or circular type driveway and this combination structure extends within
the landscaped area along Route 25, from the edges of the existing
driveway (within temporary easement areas shown on the sketched
portion of survey.) For further information, please see hearing
transcript for all statements made.
MOTION MADE BY: L. Tortora, SECONDED BY: R. Villa
ACTION/RESOLUTION ADOPTED: DENIED height total at 8 ft. , and
ALTERNATIVELY GRANTED Approval of total height at up to six feet
for combination berm and fence, from natural ground measured at the
same ground height of center line of Route 25, and not extending past
oval curve of existing driveway, shown on map submitted with this
application.
REASONS: The Code provides for a maximum height of four feet in or
along a front yard. The relief requested is substantial at 100 percent,
being four feet or more greater than the code requirement. The relief
requested has been self-created by property ow-ger(s) over the past few
years.
VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa,
Lydia A. Tortora, Gerard P. Goehringer. This resolution was unani-
mously adopted, 4-0. Member Doyen , of Fishers Island was absent, as
agreed due to the distance involved.
Page 13 - Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
FINDINGS OF FACT AND DETERMINATION
Appl. #4434 November 19, 1996
Applicant: ROBERT J. TURNER
Parcel ID: 1000-88-6-17 Findings of Fact
Parcel Location: 1200 West Lane, Peconic
Size of Parcel: 21, 000+- sf. /Nonconforming/R-40 Zone
Applicable Code Provisions: Art. XXIII, Sec. 100-239.4B and
Article III, Section 100-33C.
Request Herein
Variance based upon October 10, 1996 Action of Disapproval of the
Building Inspector. Applicant wishes to proceed in obtaining a new
building permit for deck addition within 75 feet of existing
bulkhead, and for accessory shed location with an insufficient
front yard setback (as located/built) ,at 7+- feet fro the side line
at its closest point and 4+- feet from the northerly front property
line.
BOARD ACTION:
Motion by Member Dinizio, seconded by ChairmanGoehringer, it was
RESOLVED, to CONDITIONALLY GRANT the relief requested at this time
based upn the circumstances existing at this time, subject to the
following condition: Should the accessory storage shed be proposed
to be enlarged or reconstructed, it must be relocated and moved to
a conforming yard location under either today' s code requirement
(40 ft. from the front property line) or the code in effect at the
time it may need reconstruction. (Note: The zoning code allows
painting, and by permit minor repairs of portions of a building.
Minor repairs may not include any portion of reconstruction. )
REASONS: When building permit #15772 was issued in March 1987, it
appeared that the setback approved was measured from the highwater
mark at the rear line, rather than the bulkhead line. There are
lots ,with similar setbacks in the immediate neighbor (ref: 1000-90-
1-25, and others) . Also see full testimony received and discussed
at the hearing held on 11/14/96 for this application.
VOTE OF THE BOARD: Ayes : Members Dinizio, Villa, Tortora and
Goehringer. (Member Doyen of Fishers Island was absent, as agreed,
due to distance of travel and expenses involved. ) This resolution
was duly adopted, 4-0 . ZBA:lk
Page 14- Minutes and Resolutions
Special Meeting of November 19, 1996
Southold Town Board of Appeals
V. OTHER RESOLUTIONS/REMINDERS. The following matters were listed
as agenda reminder items for Board Members:
1. SCOPING SESSION for involved agencies 12/4/96 by Planning
Board, as Lead Agency, ref: Cross Sound Ferry Services.
2. COMMITTEE MEETINGS: None calendared as yet for planning or
zoning regulation reviews.
The following matters were listed as resolutions, and the following
action was taken on each:
3. The calendar was agreed, as modified, for the first hearings
calendar to be Thursday, January 16, 1997 (instead of 1/9), with the
following hearings:
3A. 7:00 p.m. Appl. No. 4443 - ROB ERT COLLINS. Shed "as
built" in its present location, based upon the / /96 Action of Disapproval
by the Building Inspector, Article III, Section 100-33. 7925 North Bayview
Road, Southold, NY; Parcel #1000-79-4-65.
3B. 7:05 p.m. Appl. No. 4444 - CHARLES & MARY
TANGNEY. Area variance/two lots proposed. Little Neck Road, Cutchogue,
NY.
3C. 7:10 p.m. Application of BELL-ATLANTIC/NYNEX, as
Lessee (submission incomplete as of 11/18). Requests are: 1) Variance
under Article III, Section 100-31 Bulk Schedule as to height of proposed
tower as principal use, and 2) Special Exception under Article III, Section
100-31B for proposed public utility use. Owners are: Philip and MaryBess
Philips at 24850 Main Road, Orient, NY; Parcel #1000-18-6-5. R-80.
There being no other business matters properly coming before the
board at this time, the meeting was declared closed at 9:40 p.m. Member
Tortora and Board Assistant Linda Kowalski departed the Town Hall, while
Members Villa, Dinizio and Goehringer stayed for a while for reviews only.
Respectfully submitted,
. Linda Kowalski Kowalski ��/96
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE /-'V/ 196 HOUR
Town Clerk, Town of Southold