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Home My WebLink AboutZBA-08/08/1990 SPEC 00 Gym AP LS BOARD MEMBERS SCOTT L. HARRIS 11 yv Supervisor Gerard P. Goehringer, Chairman �Q Charles Grigonis, Jr. ,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 M I N U T E S SPECIAL MEETING WEDNESDAY , AUGUST 8 , 1990 A Special Meeting was held by the Southold Town Board of Appeals on Wednesday , kAugust 8 , 1990 , commencing at 7 : 30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen,. Jr. , James Dinizio Absent was: Joseph Sawicki , Charles Grigonis The Board proceeded with the first item on the agenda, said agenda attached for reference. ��101ir APPEALS BOARD MEMBERS r� _:;;t ' u>a ►-�+ SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman % Charles Grigonis, Jr. ;�� Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 .ZEN1JA SPECIAL MEETING WEDNESDAY, AUGUST 8 , 1990 Meeting held on Fishers Island I . \ DECISIONS/DELIBERATIONS Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 (100-33) , Article XXIII, Section 100-239. 4 B, for permiss-ion to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard area. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37 . Appl. No. 3952 - BRUCE & TERESA BLASKQ. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B (14) , for permission to have an accessory apartment. Proposed accessory apartment in an existing one family dwelling will contain less than 1,600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40; Block 5, Lot 9. II . RESOLUTION, scheduling and advertising the following matters .for the August 29, 1990 Regular Meeting. (a) Appl. No. 3965 - San Simeon Property Association (b) Appl. No. 3961 - Venetia McKeighan 3 Paye 2 -- rgenda - 0- ecial Meeting - August 8, 1990 Southold Town Board of Appeals II . RESOLUTION, continued (c) Appl. No. 3964 - Kenneth Minnick (d) Appl. No. 3962 - Harold Gordon: (e) Appl. No. 3963 - Frank Curran (•f) Appl. No. 3960 - Thomas Sargent (g) Appl. No. 3966 - Peter & Janet Bloom (h) Appl. No. 3967 - Kim Campbell ( i) Appl. No. 3955 - Sblendido/Auricchio (j ) Appl. No. 3915 - Jordan' s Partners III. MISCELLANEOUS (a) Correspondence regarding Jordan' s Partners, requested - information at our last hearing. ib) Correspondence regarding Jordan' s Partners, requested information from the Planning Board for an evaluation. (c) Correspondence regarding San Simeon, requested in-formation from the Planning Board. ,d) Correspondence regarding Sun Oil Refining, requested amended disapproval from the Building Department. IV. UPDATES LEGISLATIVE COMMITTEE cancelled for Thursday August 9, 1990. APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman ` Charles Grigonis, Jr. Town Hall, 53095 Main Road 41; Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold,New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3954: Matter of PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) , Article XXIII, Section 100-239.4 B, for permission to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard and the gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County tax Map No. 1000,. Section 106, Block 06, Lot 37. WHEREAS, a public hearing was held and concluded on July 25, 1990 in the matter of the Application of PHILIP SALICE under Appeal No. 3954; and WHEREAS, at said hearing all those who desired to be heard wee heard and their testimony recorded; and WHEREAS; the Board Members have personally viewed and are familiar with the premises in question, its present zoning; and the surrounding areas.; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Bayview Avenue, Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 06, Lot 37. 2. This is an application for Variances fron the Zoning Code Article III A, Section 100-30A.4, Article XXIII, section 100-239.4 B, for permission to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from the lot line., the gazebo and deck is located in the front.,yard and is less than 75- ft. from the bulkhead. 5 Page 2 - Appl. No. 3954 Matter of PHILIP SALICE Decision 'rendered August 8, 1990 3. As of July 25, 1990 the application of PHILIP SALICE has been amended, the shed has been moved and is no longer within 3 feet from the property line, the applicant does not require a variance from this Board. 4. Article XXIII, section 100-239.4 B, Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all .buildings .located on lots adjacent to water bodies and setlands: B. Buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to' tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to puruse; and placing the proposed gazebo and deck in any other location on the premises will require other variance relief; (c) that the area chosen for the gazebo and deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, we]fare,. comfort, convneinece and/or order of the Town;. (e) that in carefully considering the record and all the above factors the interests of justice will be .served by _granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehrigner, it was Page 3 - Appl. No. 3954 Matter of PHILIP SALICE Decison rendered August 8, 1990 RESOLVED, to GRANT a Variance in the matter of the application of PHILIP SALICE as applied under Appeal No. 3954, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the gazebo and deck (platform) construction be located as shown on the survey by -R. Van -Tuyl dated March -28, 1990. 2. That the application for an accessory structure . was° amended so that the building will not be any closer than 3 ft. from the property line. (Variance for accessory building not required. ) 3. Any and all lighting must be shielded to the property and not adversely affect other properties in the area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis due to serious illness. ) This resolution was duly adopted. C 9 tip__ GERARD P. GOEHRINGER CHAIRMAN a 7 91 .;_ ,.v" iv:�? ace �► SCOTT L. HARRIS APPEALS BOARD WEEMERS '- Supervisor Gerard P. Goehringer, Chairman . .; Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3952 Matter of BRUCE & TERESA BLAKSO. Special Exception to the . Zoning Ordinance, Article I1I, Section 100-31 B(14) , for permission to have an accessory apartment. Proposed apartment C in an existing one-family dwelling which will contain less than 1,600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5., Lot. 9. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the application of BRUCE & TERESA BLASKO, under Appl. No. 3952; and WHEREAS, at said hearing all those who desired. to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are fami-liar. with the premises in question, its present zoning, and -the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Middleton Road, Hamlet of Greenport, is identified on .the Suffolk County tax Maps as District 1000, Section 40, Block 5, Lot 9, and contains a total lot area of approximately 10,500 square feet. 2. This is an application for Special Exception from the Zoning Code, Article III, Section 100-31 B (14) , for approval of an accessory apartment in an existing one family dwelling. It is noted that the proposed livable floor area of the accessory apartment will contain 758 sq. ft. of livable floor area. Page 2 - Appl. No. 3952 Matter of BRUCE & TERESA BLASKO Decision Rendered August 8, 1990 3. Article III, Section 100-31 B (14) provides as follows: One (1) accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building, (b) the owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year round occupancy, evidenced by a written lease a term of one (1) or more years. (c) The existing one-family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the - existing dwelling unit, etc. 4. Based upon the plans furnished, as prepared by Fairweather/Brown Architects/Designers dated November 11, 1989., the livable area of the first floor would contain 758+- sq. ft. , and the second floor livable area (proposed for the accessory C apartment use) would contain 637+- sq. ft. The entire existing dwelling structure presently contains a total livable floor area of 1,395+- sq. ft. 5. In considering this application, the Board finds and determines that it is without authority to grant a Special Exception use where the project does not meet all of the requirements of the Zoning Code. 6. , It is the understanding, end the interpretation of this Board that the livable floor area within which the principal dwelling use and the Accessory Apartment use are requested do not meet the requirements of Subsections 3 and 5 of Article 11IA, Section 100-30A.2 "Use Regulations" for .this R-40 Zone District, Subsection B, which refer::: to those uses permitted by Special Exception, the same as Section 100-31B, subject to specific requirements incorporated therein. In which case by denying this application it will not set a precedent for further applications that may follow before this Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to DENY, WITH PREJUDICE, the request a Special Exception in the matter of the application of BRUCE & TERESA BLASKO as applied under Appl. No. 3952. Page 3 - Appl. No. 3952 Matter of BRUCE & TERESA BLASRO Decision rendered August B, 1990 Vote of the Board: Ayes: Messrs. . Goehringer, Doyen and Dinizio. (Absent -were: members Sawicki and Grigonis due to illness. ) This resolution was duly adopted. GE P. GOEHRINGER, CHAI Southold Town Board of Appeals SPECIAL REETI16: August 8 , 1990 6•, There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary L -91 Iry�'��CEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATES I aa1��DOUR e Town Clerk, Town of Sout old