HomeMy WebLinkAboutZBA-06/10/1987 SPEC �o��FFo��oG
T Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M I N U T E S
JUNE 10 , 1987
SPECIAL MEETING
A Special Meeting of the Southold Town Board of Appeals was
held on WEDNESDAY , JUNE 10 , 1987 at 6 : 45 o ' clock p .m. at the
Southold Town Hall , Main.. Road , Southold , New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Charles
Grigonis , Jr . ; Robert J . Douglass and Joseph H. Sawicki , con-
stituting four members of the Board of Appeals . Absent was :
Member Serge J . Doyen , Jr. Also present were : Victor Lessard ,
Building-Department Administrator and Linda Kowalski , Z . B .A.
Secretary.
The Chairman opened the Meeting at 6 : 45 o ' clock p .m . and
proceeded as follows :
REOPENING OF APPLICATION NO. 3632 - NORTH FORK EARLY LEARNING
CENTER on Amended Application for Day-Care Center instead of
nursery school as originally applied) , Veterans Community Center ,
north side of Pike Street , east side of Wickham Avenue , south
side of Hill_ Street , Mattituck . On motion by Mr. Goehringer ,
seconded by Mr. Douglass , it was
RESOLVED , to REOPEN the public hearing in the Matter of the
NORTH FORK EARLY LEARNING CENTER under Application No . 3632 as
Amended for a Day-Care Center use ( instead of nursery school ) ,
at the next Regular Meeting of this Board , to wit , JUNE 18 , 1987 ,
at 7 : 40 p .m.
Vote of the. Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was absent. )
This resolution was unanimously adopted.
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Southold Town Board of Appeals -2- June 10 , 1987 Special Meeting
ADDITIONAL SET-UPS FOR JUNE 18 , 1987 . On motion by
Mr . Goehringer , seconded by Mr. Sawicki , it was
RESOLVED , to schedule the following matters for public
hearings in add.itio.n to those previously scheduled to be held
at a Regular Meeting of this Board on THURSDAY , JUNE 18 , 1987 :
7-: 50 p .m. Application #3641 - BRETT AND JANET KEHL - Acces-
sory Building with height in excess of 18 feet ,. or in the
al terna-ti ve, addition to dwe..l l i'ng Wit_h an i nsuffi.ci ent s i deyard
setback as exists , 5500 .Main_ Bayv.iew Road , . Southold. _.
7 : 55 p .m. Application #3634 - RICHARD F . MULLEN , JR.
Fence with height in excess of four feet in frontyard areas .
East Side of Cottage Place , Southold. A Zone .
8 : 50 p .m . Application #3625 - PUDGE CORP . (recessed
from May 21 , 1987 ) . Resolution Concluding Hearing Only on
6/18/87 . NO ORAL TESTIMONY .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Sawicki and Douglass . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
APPEAL NO . 3581 - GEORGE D. DAMIEN. The Board was advised
that Town Attorney Francis J . Yakaboski has reviewed Mr. Damien ' s
file , and it is his opinion that the Board of Appeals may hold
a public hearing without receipt of the County Health Department
Article VI approval if the applicant sb_thooses .
On motion by Mr. Goehringer , seconded by Mr . Grigonis ,
it was
RESOLVED , that a public hearing be and hereby is authorized
to be scheduled , . tentatively for the: July Regular Meeting of
July 16 , 1987 , i.n the Matter of GEORGE D. DAMI,.EN , provided that
the applicant or his agent is agrbbable;, and
BE IT FURTHER RESOLVED , that the Board Clerk , Linda Kowalski ,
be and hereby is authorized to advertise notice of same in the
local and official newspapers of the town , to wit : Long Island
Traveler-Watchman and the Suffolk Times .
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Southold Town Board of Appeals -3- June 10 , 1987 Special Meeting
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . This reoslution was duly adopted .
(Member Doyen was absent . )
APPROVAL OF MINUTES : On motion by Mr. Goehringer , seconded
by Mr. Grigonis , it was
RESOLVED , to approve the Minutes of the following Meetings :
May 21 , 1987 Regular Meeting ,
April 23 , 1987 Regular Meeting ,
May 11 , 1987 Special- Meeting .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen was _absent._. ) This resolution
was duly adopted.
REQUEST FOR ROW INSPECTION : By letter received June 9 , 1987 ,
Robert Johnsen in behalf of Mrs . Gretchen Heigl , :.-requests a road
inspection of improvements as conditioned under Appeal No . 3418.
On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was
RESOLVED , to request and authorize an inspection and written
report by bur town 'road-inspection (Mr . John W. Davis ) of the
improvements in the right-of-way under Appeal No . 3418 - GRETCHEN-
HEIGL .
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Douglass and Sawicki . (Me-mber Doyen was__absent._ ) _._Thi s resolution
was duly adopted .
UPDATE: Appeal No . 3543 - PETER AND BARBARA HERZ. Patricia C.
Moore , Esq . of .Ed so_n and Bruer ,. _Attorneys for the applicants , has
submitted a letter from Herbert W. Davi_ds Associates ,_. .Environmental
Consultants of Southold giving his reasons why the locations of the
proposed well___and cesspool ( s ) .cannot be changed . The Chairman
asked the Board Clerk to forward a letter to the Suffolk County
Health Department for their records.—as discussed during the _ .
hearing of May 21 , 1987 .
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Southold Town Board of Appeals -4- June 10 , 1987 Special Meeting
DELIBERATIONS : Appeal No . 3624 - ERNEST TARMIN . Two of
the board members asked for a copy of the specifications_ of
the stairs proposed and for the,--.Town Attorney' s opinion as to
whether or not the stairs (which is below the bluff) is within
Z . B .A. jurisdiction under Section 100-119 . 2 before making a
determination . The deadline i.n making a decision on this appli-
cation is about July 17th.
DELIBERATIONS/DECISION : Application No .' 3586-SE. ROBERT
AND HELEN DIER. Special Exception to establish " Bed and Break-
fast Use , " an owner-occupied building , other than a hotel ,
where lodging and breakfast is provided for not more than, six
casual roomers and not more than three rooms (in conjunction
with accessory apartment and single-family uses ) . 355 Terry
Lane,, Southold. (Hearing was concluded on. 5/21 /87 ) .
The following took the following action :
WHEREAS , a public hearing was held and concluded on May 21 , 1987 ,
in the Matter of the Application of ROBERT AND HELEN DIER under File
. No . 3586 ; and
WHEREAS , at said hearing all those who desired to be heard were
heard and their testimony 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 . By this application , applicants request a Special Excep-
tion -for a- "Bed and, Breakfast" ..Establishment , with owner-occupancy,
for the rental of .t _
wo bedrooms . for lodging and serving of breakfast
to not more t_han__ five casual and transient roomers , which will be
incidental and subordinate to the principal single-family use of
the existing dwelling , provided for by Article III , Section
100-30 (B ) [16] of the Zoning Code , in addition to and in conjunction
with an existing Accessory Apartment use .
Southold Town Board of Appeals -5- June 10 , 1987 Special Meeting
(Appl. . . No . 3586-SE - DIER decision , continued : )
2 . The premises in question is located in the "A" Residential
and Agricultural Zoning District , containing a lot area of 27 ,500±
sq . ft . with frontage along the east side of Terry Lane of 100 feet .
The subject premises is improved with a single-family , split-level
frame dwelling structure with attached garage structure , as more
particularly shown on sketch prepared by applicants under consider-
ation .
3 . The subject premises is more particularly identified on
the Suffolk County Tax Maps as District 1000 , Section 65 , Block
7 , Lot 20 .
4. By action of this Board March 5 , 1987 , a Conditional
Approval w_as rendered under Application No . 3597 for an Accessory
Apartment , established under the Provisions of Article III , Sec-
tion 100-30.(B) [15] of the Zoning Code . It is. also noted for
the record that_ Certificate of .0ccupancy No . Z7,701 was issued
June 6 , 977 to Robert Dier for a "private one-family dwelling
_a-nd garage" pursuant to Building Permits No . 6382Z .and 7395Z
concerning this property.
6 . By Local Law No . 2 - .1987 , Section 100-30 ( B) [16] ,
subparagraph. (b) Was added providing, "No accessory apartment ,
as authorized by Section 100-30B (15) hereof , shall_ be permitted
in or on premises for which a bed- and breakfast facility is
authorized or exists . "
7 . By Local Law No . 1 - 1987 , Section 100-30 ( B) [15] ,
subparagraph.. (q ) was added provided , "No bed and breakfast
facilities , as authorized by Section 100-30B (16) .hereof shall
be permitted in or on premises for which an accessory apartment
is authorized or exists . "
8 . In May 1983 , the Zoning Code Bulk Schedule was amended
to require a minimum lot area of 40 ,000 sq . ft . to 80 ,000 sq .
ft . The subject prem.i.ses contains a .total area of 27500± sq .
ft. and is occupied by one single-family _dwelling unit and
one accessory apartment . The present lot area of this parcel
is nonconformin.g . The granting of an _additional use for a
"Bed and Breakfast" Establishment would create an over-inten-
sification of uses" for this parcel , which would be injurious
not only to the neighborhood but the community plan . The
present uses of this property is at a maximum , being the
' Southold Town Board of Appeals -6- June 10 , 1987 Special Meeting
(Appl . No . 3586 - DIER decision , continued : )
highest and best use of the property . The "Bed and Break-
fast" Establishment being requested by this application
is in addition to those existing uses , and is in effect
an increase in "density" requiring an additional minimum
lot area of 80 ,000 sq . ft .
9. It is the position of this Board that the applica-
tion does not conform with the standards of the zoning
ordinance as applied on this 27 , 500± sq . ft . parcel , and
accordingly is not in harmony -with and-will not promote
the general purposes and intent of zoning.
In considering this application , the Board Members have
also considered su_bsections .[a] through [1 ] of Article XII ,
Section 100-121 (C) [2] of the Zoning Code ,__ and. find and determine :
(a ) the use will prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use dis-
tricts ;
(b) the use will present the orderly and reasonable use
of permitted or legally established uses in this residential
and agricultural zoning district , or of permitted or legally
established uses in adjacent use districts ;
(c ) the safety , health , welfare , comfort , convenience
or order of the town,,_ wi11 be adversely affected by the
proposed use and its location;
(d) the use will not be in harmony with and promote the
general purposes and _i.ntent of .zoning.
Accordingly , on motion by Mr. Douglass , seconded by
Mr . Sawicki , it was _
RESOLVED , to DENY . the Special Exception use as applied
in the Matter of the Application of ROBERT AND HELEN DIER,
File No . 3586 .
Vote of the Board : Ayes : Messrs . Goehringer , Douglass ,
Grigonis and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
Southold Town Board of Appeals -7- June 10 , 1987 Special Meeting
DELIBERATIONS/ACTION : Appeal No . 3630 - Matter of
JOHN KRAMER AND WAYNE 'DEPETRIS . Hearing was held and concluded
on May 21 , 1987 no appearances ) . Correspondence was received
from the Southold Fire Department in response to our letter
indicating they had no objection to this proposal .
The Board made the following findings and determination :
WHEREAS , a public hearing was held and concluded on May 21 , 1987
in the Matter of the Application of JOHN KRAMER AND WAYNE DePETRIS
under Appeal No . 3630 ; and
WHEREAS , at said hearing no one appeared either in behalf of
or against the application ; and
WHEREAS , the board has carefully considered all testimony and
documentation submitted concerning this application ; and
WHEREAS, the board members have person.a.11y viewed and- are
fami..li.ar' wtth. :th.e. -pre.mi:ses in :que.&ti1.on,. .its. _pre.s,e.nt zonfng,' and
the .surr.o.un.d.i.ng. areas and.
WHE:REAS., 'the. board made the. fa71owfng :fi;n.d-fngs of .fact::
1 . By this' app.1 i cat%on , 'appe11ants re,que.st. a. Va:ri.ance from
the Pro.vi..sio:ns of. Article. VI. Secti..on 100--6:0C(2.)[a] , to re.pl_ace
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an e.x,i.s.ti:ng gr.bu_nd ..si..grt the. lower .edge_ of ,whi_:ch would be. ^not less
than 'twe..lve' `in.che.s.' (l2`" ). above: .the. ground_and: th.e; upper edge of .
which will extend n.ot more th.an .five feet .above' the. _;g.round..
2 Th.e. pre.mi_ses in' quest%on is, located along 'the. north. .
side of the Main Road An' the. Hamlet of S.outho.ld,. Town. of S.o..u,t.h:o.ld,
c.ontai-n-i.ng an area of .750'0± sq .. ft. ,. 50.: ft. 1:of__.wi.dth' Lfrontage) ;_
and lot depth of, _150± feet , and is more .p.arti-cul arly shown on_ the
Suffolk County. Tax Maps as .District. 1000 , Section 52 ,. ;Block, .1 , Lot. 5 .
3. : The subject premises is improved with a 25-ft. wide 'by
65 ft . _ deep one-story_ frame building set back' 35 feet from the___
front_ property, line _along the 'Main (State ) Road.
4. The on-premises business advertising sign proposed by
this application w,ill have an advertising area of .36" high by_
96" wide_, together with a 3" high skirt and, 12" high--base .
The. 12 " .high _base .w.i.l 1. not exceed 12 feet in .wi:.d.th ,. 'and the.
total so.1 i d .c.on.s.t.r.uc.ti,on. area. (topes .and bottom) sh.a,l l not
exceed 'a___to.tal -ar.e8, of',81 s2'5 sq ., .ftc _
5 .. The. setb.a:ck '.of .the existing sign and proposed .si.g'n
repl aci n'g - same: i s' .show,n to be not, less than eight feet .from
the,_ front_ property, :line along the _Main Road. and the sidewalk
and _a greater _ di stance from _the easterly side property, 1 i ne .
6o In considering this application , the. Board finds
that the proposed sign is better aesthetically and the -
advertising area is less than that normally permitted by
Southold Town Board of Appeals -8- June 10 , 1987 Special Meeting
(Appeal No . 3630 - KRAMER & DEPETRIS : decision , continued : )
the Zoning Code .
7 . In considering this appeal , the Board also finds and
determines :
(a ) the relief requested is not substantial in relation
to the requirements ;
(b) the relief requested is minimal ;
(c ) the circumstances of the property are unique ;
(d) the variance if allowed will not have an affect of
increased population density thus produced on available govern-
mental facilities ;
(e ) there will be no cha.nge in the character of the
neighborhood or substantial detriment to adjoining properties ;
(f) the interests of justice will be served .
Accordingly , on motion by Mr. Goehringer , seconded by
Mr. Sawicki , it was
RESOLVED , to APPROVE the relief requested under Appeal
No . 3630 in the Matter of JOHN KRAMER AND WAYNE DePETRIS for
the replacement of ground sign for on-premises business
advertising ; SUBJECT TO THE FOLLOWING CONDITIONS :
1 . The sign be setback not less than eight feet from the
sidewalk or front property line (as applied ) , and in the same
location as the existing ground sign;
2 . The existing ground sign will, be removed ;
3 . The sign shall be only as applied and not greater in
size (as described in- _Paragra.ph #4 , supra ) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Sawicki . (Member Doyen of Fishers Island was
absent . ) This resolution was duly adopted.
The meeting concluded at 7f:.40 o ' clock p .m.
Respectfully submitted ,
6Ci d F. Kowalski Secretar
Southold Town Board of Appeals
,Approved .- -Une/ 8 , 19,87
Gerard P . Goehringer/ Chairman
Southold T Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR,
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
WAIVER OF NOTICE
OF- SPECIAL MEETING
WE, the undersigned, being Members of the Zoning. Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
of the Meeting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
Wednesday , June 10 , 1987 , at 6 : 45 p .m . , and do hereby
consent that the same be held on said date for the transaction
of any business which may properly come before said meeting.
DATED : June 10 , 1987 .
Southold, New York. erard P. Goehr�itger, C irman
r
arl Grigon ' r. , Member
RECEIVED AND FILJEDBBY Serge Jr. ember
THE SOUTHOLD TOWN
DATE -��-
�� HOUR"� Rq ert J. uglass , be
se H. Saw ic i , Member
Town Clerk, Town of So