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Home My WebLink AboutZBA-01/24/2002 SPEC APPEALS BOARD MEMBERS ufFO( OS �C Southold Town Hall Gerard P. Goehringer, Chairman „y� �Gy 53095 Main Road James Dinizio,Jr. c P.O. Box 1179 Lydia A. Tortora coo ,? Southold,New York 11971-0959 Lora S. Collins $ • �`�F ZBA Fax(631)765-9064 George Horning 'jlQl �� Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, JANUARY 24, 2002 A Special Meeting of the SOUTHOLD TOWN BOARD'OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 24, 2002 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member James Dinizio, Jr., Member Lora S. Collins, Member George Horning (left at 8:20 p.m.) Linda Kowalski, Secretary of the ZBA 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. SEQRA—none at this time. (New reviews are pending inspections.) II. PUBLIC HEARINGS: The Chairman proceeded with the following public hearings: 6:40 p.m. (Carryover Hearing) - Appl. No. 5034 — RUST FAMILY PARTNERSHIP. Interpretation and/or Relief for Addition with setback variances from front lot line and bulkhead, at 4680 Wunneweta Road, Cutchogue; 111-14-34. R. Lark, Esq. spoke in behalf of the applicant. Appearing in opposition was J. Cella, Esq., an adjacent property owner. During the hearing, Mr. Cella requested a postponement for additional time to review the title and property line location. After receiving testimony, the following resolution was adopted: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess the hearing for a continuation on February 28, 2002. This Resolution was duly adopted (3-2). Ayes: Members Goehringer, Tortora, and Horning: Nays: Members Dinizio and Collins. 7:05 p.m. (Carryover Hearing) - Appl. No. 4998 — ELIZABETH SENTELL. This is a request for a Variance under Article XXIV, Section 100-242A, and Section 100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval. The applicant is proposing additions to existing dwelling with side yard setbacks at less than 10 feet on one side and less than 15 feet on the other side. Location of Property: 220 Lakeview Terrace, East Marion; Parcel 31-9-16. G. Strang, R.A. spoke in support of the application, and submitted a rendition for consideration. After receiving testimony,the following motion was adopted: . t 'Page 2 —Minutes Meeting held January 24, 2002 Southold Town Board of Appeals RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:18 p.m. (Carryover Hearing) - Appl. No. 4927 — KACE U. INC. This is an Appeal requesting Reversal of the Building Inspector's Notice of Disapproval dated August 13, 2001, which disapproval denied an application for a building permit for two-family dwellings under Article IV, Section 100-42A.2. The reason stated in the Notice of Disapproval is that the proposed project indicates several two- family dwellings on a single parcel, and that the Code allows only one such structure per lot as a permitted use. Zone District: Hamlet-Density(HD). Location of Property: South Side of North Road or C.R. 48, 500+- feet east of Chapel Lane, Greenport; Parcel 40-3-1, now or formerly referred to as "Northwind Village" site. Matt Pachman, Esq. spoke in support of the application. Anthony Tohill, Esq., representing adjacent property owners, spoke in opposition to the application, and offered testimony from David Emilita. Howard Meineke delivered a letter from the North Fork Environmental Council (in opposition) for the record. After receiving testimony,the following resolution was adopted: RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried,to recess the hearing for a continuation on February 28, 2002. This Resolution was duly adopted (5-0). End of public hearings. III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: A. Interpretation: Appl. No. 5038—Walz. (See decision, attached). Member Dinizio requested that his reasons for voting no on the interpretation of Application#5038 Walz be noted, as follows: 1. A review of the current code will reveal no reference to 3-dimensional footprint. However,the code does set the 3-dimensional shape of the building on the lot. The code does make reference to side yard setbacks, front yard setbacks, and rear yard setbacks. Any part of the building lying outside of the side yard, front yard, or rear yard setback set by the code is nonconforming. These dimensions could be considered the horizontal dimension. The code makes reference to the height of the building and restricts it to 35 feet for a principle structure.Any structure built higher than 35 feet is nonconforming and any structure build at 35 feet or less is considered conforming to the code of our town. This is the vertical dimension. The code also makes reference to lot coverage and is set at 20% of the lot in a residential zone. This is the volume. Page 3 —Minutes Weting held January 24, 2002 Southold Town Board of Appeals Member Dinizio's statement. continued: From the above I believe that it is clear that the code does set the 3-dimensional footprint and this applicants plan as presented neither increases the degree of non-conformity nor does it create a new non-conformity. INCREASE IN THE DEGREE OF NON-CONFORMITY. To increase the degree of non-conformity an applicant would first have to have a non- conformity. In this case a 3 foot side yard setback. In order to increase the degree of non- conformity this applicant would have to build an addition to his house along the established 3 foot setback while going no closer than 3 ft to the property line. This would increase the amount of the house that is non-conforming. This applicant does not propose to add any more linear footage to his building. He only wants to build within the established setback. CREATING A NEW NONCONFORMANCE. To create a new nonconformance the applicant would have to propose to decrease the distance to the property line. This applicant does not propose to move the house any closer than the established setback of 3 feet. In addition, after listening to the testimony of the building inspector I could not determine the reason for the sudden change in practical application of the setback law. It has long been established practice by the building inspector to issue a building permit to an applicant that proposes to build a building using the established side yard setback as long as they worked within the original footprint. As a matter of fact the building inspector testified that when he began working in the department he would issue building permits based on "if you had three feet you could do what ever you wanted". He also stated that at some time during Ed Forester's reign as department head it was changed but he offered no basis for the sudden change in the requirements to get a building permit other than to say it changed. The suggestion by the building inspector that any nonconformity of a building causes the entire house to become nonconforming is not supported by the code which has specific restriction stated with respect the side yard,front yard, rear yard, height, and total lot coverage dimensions of the building. These restrictions set forth in the code can not be changed by the building inspector, and I can find nothing in the code that says that if one of the restrictions has been breached than that makes the other dimensions of the house nonconforming. In closing, I believe it is not the responsibility of the Zoning Board of Appeals to approve a change to the code, that is the responsibility of the town board. End of Member Dinizio's statement. Page 4 —Minutes Meeting held January 24, 2002 Southold Town Board of Appeals Member Horning left before the next resolution. B. Other Deliberations/Motions: Appl. No. 4962— Walz Variance Request. Motion was offered by Member Collins to grant the application as applied for. No second was offered; the motion was lost. Appl. No. 4962—Walz Variance Request. Motion was offered by Member Tortora, seconded by Member Dinizio, to hold a decision over to the next meeting for attendance by a full Board. Ayes: Goehringer, Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent during this resolution.) C. Approval: Appl. No. 5049—VANDENBURGH. (see attached). No other decisions or actions were taken at this time. Brief reviews of pending files and general discussions by Board Members followed. V. EXECUTIVE SESSION(none held). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 9:00 p.m. Respectfully submitted, Linda Kowalski Atta ments: Case s(2 pr d for Filing—Gerard P. Goe anger, Chairman DECEIVED AND FIUD 13Y TM' SOUITIOLD TOMN CLERK DJATE 9 lticrL_ 110UR << Sb 0 E To-wn C T