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HomeMy WebLinkAboutZBA-09/26/1990 00 Gyp APPEALS BOARD MEMBERS r'cn SCOTT L. HARRIS • 4F Supervisor Gerard P. Goehringer, Chairman Oro Charles Grigonis, Jr. '701 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 REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, SEPTEMBER 26, 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; Member Serge J. Doyen, Jr. ; Member Charles Grigonis, Jr. ; and Member James Dinizio, Jr. Absent was: Member Sawicki due o illness. Also present were: Linda Kowalski, Assistant to the Board, and approximately 30 persons in the audience at the opening of the meeting. The Chairman opened the meeting and proceeded with the following public hearings: 7: 30 p.m. Appl. No. 3961 - VENETIA McKEIGHAN. 7: 35 p.m. Appl. No. 3962 - HAROLD GORDON. At the end of the hearing, the Board took the following action: .WHEREAS, 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: i. The premises in question is located along a private right-of-way extending from the southerly side of Hickory Avenue in the Hamlet and Town of Southold, . and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 7, Lot 50. r Southold Town Board of Appeals -2- September 26, 1990 Regular Meeting 2. The subject premises is a substandard parcel containing a total lot area of .80 of an acre . (oi 34,848+- sq. ft. ) with 104+- ft. frontage along Goose Creek. 3. The subject premises: (a) is improved with a single-family dwelling set back at its closest point I1+- feet from the south (side) property line and 95+- feet from the inside of the access right-of-way; (b) is located in the R-40 Zone District which requires sideyards at 15 and 20 feet, or greater. 4. Appellants are requesting a two-foot extension of the existing deck reducing the present setback to not less than eight feet at its closest corner. 5. In considering this application, the Board also finds and determines: (a) that the grant of the relief of two feet will not - be adverse to the essential .character of the neighborhood; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) the grant of the variance will not increase dwelling unit density or available governmental facilities; (d) the percentage of the relief requested is not . . substantial; the relief is the minimum necessary to afford relief and will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience; and order of the town. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3962 in the Matter of HAROLD AND ANNETTE GORDON for a two-foot extension of the existing deck at not less than eight feet from the side property line, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent due to illness. ) This resolution was duly adopted. _ z- Southold Town Board of Appeals -3- September 26, 1990 Regular Meeting (Hearings, continued: ) 7: 40 p.m. Appl. No. 3966. PETER BLOOM. 7:46 p.m. Appl. No. 3964 - KENNETH MINNICK. 7:55 p.m. Appl. No. 3967 - KIM CAMPBELL. 7:58 p.m. Appl. No. 3963 -FRANK CURRAN. 8:00 p.m. Appl. No. 3960 - THOMAS AND ALLISON SARGENT. 8:05 p.m. Appl. Nos. 3951 and 3957 - JAMES, PETER AND CHRIS MESKOURIS. 8:24 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO and A. AURICCHIO (Hearing was held and recessed until the Board' s next Regular Meeting in order to request the Building Inspector to appear and answer questions concerning the building permit which was issued concerning this appeal. ) Both attorneys are to provide copies of case laws cited during the hearings for the board's review. 9:30 p.m. Chairman Goehringer .stated that his son was an employee of Village Marine and does occasionally dock his boat at the marina and left the room and disqualified himself concerning the hearing and all other actions concerning the next appeal, to wit: 9:32 p.m. _ Appl. No. 3938 - VILLAGE MARINE. (Hearing was 10 : 35 p.m. held and recessed until the Board's next Regular Meeting. ) COMMUNICATIONS. Re: Appl. No. 3605 - TED DOWD. The Board received copies of Mr. Dowd' s request dated June 25, 1990 and indicated that although the Board would consider extensions in the future, it is without proper jurisdiction to grant a variance to condition No. 5 without a formal application and re-notice. The condition is worded in such a way that the 280-A approval ".. . .automatically became null and void if improvements .were not constructed during this three-year period." I.n the event some improvements were constructed, then the board' s decision would still be in effect and would not require an extension. CTM 1000-56-1-5.1 (5) . ` Y Southold Town Board. of Appeals -4- September 26, 1990 Regular Meeting ENVIRONMENTAL DECLARATIONS: On motion by Chairman Goehringer, seconded -by Member Grigonis, it was RESOLVED, to declare the following Environmental Declara- tions pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold: A. Type II Actions, being setback or lot line variances as regulated by Section 617.13 , 6 NYCRR: 1. Appl. No. 3961 - Venetia McKeighan 2. Appl. No. 3962 - Harold. Gordon 3. Appl. No. 3967 - Kim Campbell 4. Appl. No. 3963 - Frank Curran 5. Appl. No. 3960 - Thomas & A. Sargent 6. Appl. No. 3951 & 39-57 - James, Peter & Chris Meskouris 7. . Appl. No. 3955 - Dominick Sblendido & A. Auricchio. B. Unlisted Action, not having a significant adverse effect on the environment: 1. Appl. No. 3964 - Kenneth Minnick. DISCUSSIONS/UPDATES: The following matters were brought up-to-date, and the Chairman indicated that letters would be sent confirming concerns of the Z.B.A. Department., 1.. Appl. No. 39.13 - GUSTAVE J. WADE; 2. Appl. No. 3970 - McDONALD'S CORPORATION; 3 . Appl. No. 3958 and 3959 - JOSEPH HARDY. 4. Merger. Zoning Provision as drafted by Z.B.A. addressing concerns at 9/20/90 Legislative Code Committee meeting. 5. Budget proposal for 1991 concerning Z.B.A. Southold Town Board of Appeals -5- September 26, 1990 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3961: Matter of VENETIA McKEIGHAN for a Variance to the Zoning Ordinance, Article III, Section 100-33 as disapproved by the Building Inspector for permission to construct accessory structure (gazebo) in an area other than the required rear. yard. Location of Property: 495 Bayview Avenue, Southold, NY; County Tax Map District 1000, Section 052, Block 5, Lot 23 . WHEREAS, a public hearing was held on September 26, 1990 under Appeal No. 3961; 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;Iand WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Bayview Avenue in the Hamlet of Greenport (at Arshamomaque) , Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 5, Lot 23. Southold Town Board of Appeals -6- September 26, 1990 Regular Meeting Appl. No. 3961 - McKEIGHAN decision, continued: 2. The subject premises consists of an area of approxi- mately 23,500 sq. ft. , is nonconforming in lot area and lot width in this R-40 Zone District, and is improved with an one and one-half story, single-family dwelling constructed prior to the early 1960 's. The setbacks of the existing dwelling .structure is shown on the copy of the survey submitted with the application to be situated with setbacks greater than. 100 feet from Bayview Avenue and at approximately 70 feet from the ordinary highwater line along Arshamomaque Pond. 3. Article III-A, Section 100-30A.4, and Article III, Section 100-33 , provide that accessory buildings be placed only in the required rear yard. The rear yard area of this parcel is technically that area between the ordinary highwater mark and the westerly side of the house, and due to the limited open rear yard area, structures may not be located due to conflict with Section 100-239 .of the Zoning Code and would require additional permits from the Town Trustees and the N.Y.S. Department of Environmental Conservation. 4. The gazebo structure for which relief is being requested in this application is of a size not to exceed 10 ft. by 10 ft. and will be set back at least 70 feet from the front property line (along Bayview Avenue) , not less than 30 feet from the southerly side property line, and approximately 58 feet .from the northerly side property line. 5. It is the position of this Board in considering this application. that: (a) the circumstances are uniquely related to the nonconformities of the land in question and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) -the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Southold Town Board of Appeals -7- September 26, 1990 Regular Meeting Appl. No. 3961 - McKEIGHAN decision, continued: Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of VENETIA McKEIGHAN under Appeal No. 3961 for permission to construct gazebo structure for placement in the front yard area with a setback at not less than 70 feet at its closest point to the front property line along Bayview Avenue, 30 feet from the southerly side property line and approximately 58 feet from the northerly side property line, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building not exceed 12 feet in height, as applied; 2. That there be no lighting which would be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Member Sawicki was absent due to illness. ) This resolution was duly adopted. REVIEWS: PENDING APPLICATIONS: (a) Appl. No. 3968 - IRENE MILLER by Proper-T Services; New dwelling with insufficient setbacks from bluff on a substandard lot; 160 Lakeview Ave, Peconic; '1000-68-3-10. (1) Await receipt of response from Soil & Water Conservation District. Southold Town Board of Appeals -8- September 26, 1990 Regular Meeting (b) Appl. No. 3969 - ANDREW BURKARD. New dwelling with an insufficient frontyard setback at 370 Uhl Lane, Orient. (c) Appl. No. 3971 - VALERIE KRAMER. New dwelling with insufficient setback from bulkhead on a substandard lot; 730 Robinson Road, Greenport; 1000-34-5-20. (d) Appl. No. 3972 - PETROL STATION LTD. by J. Kevin McLaughlin, Esq. Insufficient lot area for proposed Lot No. 4. 25235 Main Road, Cutchogue; 1000-109-1-23. (e) Appl. No. 3973 - JOHN MILAZZO. Dwelling with insufficient sideyard. 9 Island View Lane, Greenport; 1000-79-5-10. (f) Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation is requested, as per Notice of Disapproval dated August 23 , 1990, concerning mariculture and similar uses and whether or not same are permitted in the A/C Zone District. Premises known as 1575 Lower Road, Southold; 1000-069-05-13..2. Chairman to send letter requesting list of activities conducted at the subject premises relative to the interpretation requested. (g) Appl. No. 3976SE - THOMAS SANTACROCE. Special Exception for off-premises directional sign in this R-40 Zone. 75 Shipyard Lane, East Marion; 1000-38-1-1.2. (h) Appl. No. 3977 - BETTY J. COPIN. Accessory garage partly in the side yard and rear yard with a setback at not less than 10 feet from the southerly property line. 2195 Alberton Lane, Southold. 1000-52-5-54 Chairman to send letter requesting sketch of. building plan of garage with height and design information. (i) Appl. No. 3978 - DONALD SWAHN. Lot area variance for proposed Lots 1 and 2 in this R-40 Zone District. S/s Park Avenue, Mattituck. 1000-123-8-8. (j ) Appl. No. 3979 - THOMAS J. GORMAN. Accessory buildings in front yard area. 18 Crescent Drive, Mattituck; 1000-121-4-23 . ti Southold Town Board of Appeals -9- September 26, 1990 Regular Meeting Review: PENDING APPLICATIONS, continued: (k) Appl. No. 3974 - DONALD OSANI. Request to re-separate lots which have merged. Reydn Drive and North Bayview Road, Southold. 1000-79-5-10 & 11. (1) Appl. No. 3958 - JOSEPH AND BETTY HARDY. Request for approval of second apartment over stores or alternative relief for multiple dwellings. 13500 Main Road, Mattituck. Chairman to send letter confirming inspection date for October 20, 1990 by Board Members and requesting updated map showing uses- and existence of all buildings (without pet grooming shop, etc. ) (m) Appl. No. 3960 - JOSEPH AND BETTY HARDY. Special Exception. (same as above) . (n) Appl. No. 3970 - McDONALD'S CORP. See page 4 of minutes, supra, and letter to the Planning Board and the applicant' s agent. Special Exception as to permitted use in this Zone District subject to site plan approval by Planning Board. (o) Appl. No. 3788 - SUN REFINING & MARKETING. Attorney for applicant will be submitting amendment application with new maps concerning addition of. convenience store (retail sales) use to existing gasoline station. Corner of Factory Avenue and the North- Side of S.R. 25, Mattituck. B Zone District. HEARINGS FOR NEXT MEETING: On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED-, that the following application be and hereby are scheduled for public hearings to be held at the next Regular Meeting of this Board, and be it FURTHER RESOLVED, that Linda. Kowalski is hereby authorized to advertise notice of said hearings in the local and official newspapers of the Town, to wit: The Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. : Appl. No. 3968 - Irene Miller Appl. No. 3969 - Andrew Burkard Appl. No. 3971 - Valerie Kramer Appl. No. 3972 - Petrol Station Ltd. Appl. No. 3973 - John Milazzo Appl. No.. 3975 - Arthur G. Carlson Appl. No. 3916SE - Thomas Santacroce Appl. No. 3977 - Betty J. Copin Appl. No. 3978 - Donald Swahn (continued on next page) Southold Town Board of Appeals -10- September 26, 1990 Regular Meeting (Hearings for next Regular Meeting, continued: ) Appl. No. 3979 - Thomas J. Gorman Appl. No. 3974 - Donald Osani. Appl. No. 3788 - Sun Refining & Marketing (subject to receiving updated maps and application amendments on or before advertising deadline) . Appl. No. 3980 - Virginia Olga Lee (if filed by 10/2/90) Two Hearings recessed from tonight: Appl. No. 3955 - Dominick Sblendido and A. Auricchio Appl. No. 3938 - Village Marine. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent due to illness. ) This resolution was duly adopted. The Board .members scheduled Wednesday, October 17, 1990 at 7:00 p.m. in the Conference Room as the date of the next SPECIAL MEETING. Three Z.B.A. meeting dates were scheduled and confirmed for November,. 1990 as follows: November 1, 1990 Regular Meeting and Hearings (instead of Halloween night) ; November 14, 1990 Special Meeting at 7:00 p.m. November 29, 1990 Regular Meeting and hearings. There being no further business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 11:00 o'clock p.m. Respectfully submitted, C Linda F. Kowalski, Secretar�/ Southold To RECEIVED AND FILED BY pproved — i THE SOU.THOLD TOWN CIM Gerard P. Goehringer, airman DATE '.HOUR � o Town Clerk, Town of, Sou old