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HomeMy WebLinkAboutZBA-11/01/1990 r Fo���o 00 Gy` APPEALS BOARD MEMBERS n=+ SCOTT L. HARRIS Lirs • Supervisor Gerard P. Goehringer, Chairman 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 THURSDAY, NOVEMBER 1, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, NOVEMBER 1, 1990 at .7:30 o'clock p.m. at the Southold Town Hall, Main Road, ' Southold, New York. Present were; Gerard P. Goehringer, Chairman; Member Charles Grigonis, Jr. ; Member Serge Doyen., Jr. and Member James Dinizio, Jr. (Absent was: Member Joseph H. Sawicki. ) Also present was Board Secretary Linda Kowalski, and approximately 40 persons in the audience. at the beginning of the meeting. The Chairman opened the meeting at 7:30 p.m. and proceeded with the following public hearings: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Mr. and Mrs. Andrew Burkard were present. Following the hearing, at which there was no public opposition, the Board took the following action: WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have 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 and previous zoning classifications, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: t r Southold Town Board of Appeals -2- November 1, 1990 Regular Meeting (Appl. No. 3969 - BURKARD decision, continued: ) 1. The premises in question is located along the southerly side of Uhl -Lane in the Hamlet of Orient, Town of Southold, is also known as Lot *167 on the "Orient-By-The-Sea" Subdivision Map filed in the Suffolk County Clerk's Office as Map No. 6160, Section Three, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 15, Block 5, Lot 24.13 . 2. The subject premises is a conforming parcel in this R-40 Zone District containing a total. lot area of 41,455 square feet with frontage of 210. 0 feet along Uhl Lane. 3 . The subject premises: (a) is improved with a partial single-family dwelling, present under construction as shown by survey updated July 17, 1990 by Roderick VanTuyl, P.C. ; (b) is located in the R-40 Zone District which requires a minimum front yard setback at 50 feet. 4. Appellants are requesting approval of a setback of the new dwelling structure with attached garage at 48 feet from the front property line at its closest point. 5. Although the relief requested was self-created, the relief requested is strictly for the garage area within two feet of the normal 50 ft. front yard area setback, which: (a) will not be adverse to the essential character of the neighborhood; (b) 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) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Southold Town Board of Appeals -3- November 1, 1990 Regular Meeting (Appl. No. 3969 - BURKARD decision, continued: ) Mr. Grigonis, it was RESOLVED, to GRANT a variance of two feet for the garage area as shown on the survey updated July 17, 1990 under No. 3969 in the Matter of ANDREW AND ANNE B. BURKARD. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. PUBLIC HEARINGS, continued: 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR.. , Owner) . Mr. Osani was present and spoke briefly in behalf of the application. {See verbatim transcript prepared under separate cover and attached for reference. } 7:42 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Mrs. Lee was present and spoke briefly in behalf of her application. {See verbatim transcript prepared under separate cover. } 7:46 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Mr. J. Stanley Parkin spoke in behalf of the application. {See verbatim transcript prepared under separate cover. ) The hearing was held and concluded, pending deliberations at another date. 7:55 p.m. Appl. No. 3971 - VALERIE M. KRAMER. John Kramer spoke in. behalf of the application. The Board asked Mr. Kramer to furnish an alternative sketch increasing the setback distance near the bulkhead by moving the house to the west. The Board agreed to meet on November 15, 1990 and the sketch should be submitted by that date. 8:02 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Mr. and Mrs. Santacroce were present. The hearing was held, pending deliberations at another date. 8:05 p.m. Appl. No. 3972 - PETROL STATIONS LTD. J. Kevin McLaughlin, Esq. appeared in behalf of the application. Opposition was received. The Board recessed the hearing until November 29, 1990 in order to meet with the Planning Board Chairman concerning the layout as referred to the Z.B.A. r- Southold Town Board of Appeals -4- November 1, 1990 Regular Meeting (PUBLIC HEARINGS, continued: ) 8:15 p.m. Appl. No, 3977 - BETTY J. COPIN. Curt Meyhoefer appeared in behalf of Mrs. Copin. Marie Ongioni, Esq. spoke in behalf of Mrs. Marie Cassidy in opposition to the application. The hearing was recessed until November 29, 1990 to- allow Mr. Meyhoefer to confer with the owner before conclusion of the hearing. 8: 30 p.m. Appl. No. 3979 - THOMAS J. GORMAN. J. Kevin McLaughlin, Esq. appeared in behalf of Mr. Gorman, who was also present. The hearing was concluded, and deliberations are pending. 8:36 p.m. Appl. No. 3968 - IRENE R. MILLER. James Fitzgerald of Proper-T Services appeared in behalf of Mrs. Miller. An agent (Mr. Sullivan) appeared for one of the adjacent property owners, Mrs. Anlyan. (See verbatim transcript for statements. ) William Moore, Esq. appeared in behalf of Dr. Haddad, an adjoining property owner, and indicated that Dr. Haddad has withdrawn his objection due to an agreement worked out between the parties involved. The hearing was concluded after receiving all testimony, and deliberations are pending. 9:00 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. The applicant spoke in behalf of his application. Persons spoke both 'in favor and against the application. A Petition in favor was submitted for the record. (See verbatim transcript for statements. ) The hearing will reconvene on November 29, 1990 and public comment will be restricted to five minutes testimony per person, group or organization. 9:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. John Wagner, Esq. spoke in behalf of the application together with representatives from the applicant-company. (See transcript for statements. ) Mr. Wagner asked to continue to hearing in order to allow an expert to testify, and the Board recessed the hearing without a date. 10:10 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. (Hearing reconvened from the September 26, 1990 hearing in order to permit oral comments from Building Inspector Victor Lessard concerning the permit and initial activities under the building permit. ) ' Philip J. Cardinale, Esq. and Marie Ongioni, Esq. appeared, in favor and against respectively. Mr. Lessard was not able to appear due to illness. The court case in the Matter of Wilmott v. Town of Riverhead was furnished by Mr. Cardinale for the record. (Also see additional statements in the verbatim transcript prepared under separate cover and attached for reference. ) The hearing will reconvene on Novem- ber 29, 1990 in order to provide Mr. Lessard an opportunity to appear and answer questions furnished in writing by r r- Southold Town Board of Appeals -5- November 1, 1990 Regular Meeting PUBLIC HEARINGS, continued: (SBLENDIDO & AURICCHIO hearing, continued: ) Mrs. Ongioni. The Chairman gave the written questions to Building Inspector Thomas Fisher who was present, for Mr. Lessard's review. Chairman Goehringer left the room and abstained from discussions in the Matter of the next Application (Village Marine) . Member Dinizio chaired the next hearing, pro tem. 10: 48 p.m. Appl. No. 3938 - VILLAGE MARINE. Charles R. Cuddy, Esq. appeared in behalf of the application. Opposition was received from the NFEC, Mrs. Jeanne Mariner, and F.M. Flynn, Esq. Due to the lateness of the meeting, it was agreed that additional written testimony may be submitted by Mr. Flynn (by November loth) and by Mr. Cuddy (by November 15th in response to Mr. Flynn' s comments) . During the first portion of the hearing, the court stenographer was out of the room and therefore the statements were recorded and transcribed separately (partial transcript attached for insertion to Court Stenographer's transcripts) . COMMUNICATIONS: Appl. No. 2256 - CARL AND MARY BOERGESSON. 1000-78-03-42.3. Communications was received concerning the March 31, 1977 review and decision in the above matter and a clarification as to its force and effect. The file indicates that a set-off approval was requested based on the Notice of Disapproval under the bulk schedule, the adjacent property owner Notices, and the hearing transcript. Up until September 1979, the Board of Appeals was accepting applications- for set-offs which involved lots with less than an acre or were on private rights-of-way, as agreed by policy of the Planning Board and the Zoning Board. As a result of reviews as late as September 1979, actions approved by the Board of Appeals between 1972 and 1979 were grandfathered as to having the same force and effect as if the owner had applied to the Planning Board for subdivision approval. (Section 106-53 of the Subdivision Regulations. ) This ZBA approval was rendered on March 31, 1977, and it was agreed that there was no necessity for a written application for variances as to lot area or width since this was addressed in the 1977 application. This parcel shall. be recognized as an approved parcel. Motion was made by Mr. Goehringer, seconded by Messrs. Grigonis and Dinizio, to send a letter clarifying the Board' s decision,. as noted above. Vote of the Board: Ayes: Messrs. Goehringer, Doyen; Grigonis and Dinizio. This resolution was unanimously adopted. i Southold Town Board of Appeals -6- November 1, 1990 Regular Meeting APPROVAL OF MINUTES. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED to approve the Minutes of the following meetings: October 17, 1990 Special Meeting September 26, 1990 Regular Meeting September 6, 1990 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. HEARINGS FOR NOVEMBER 29, 1990. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to authorize the following matters to be advertised as required by law for public hearings: Hearings to be reconvened and continued from this evening: Appl. No. 3972 - PETROL STATION LTD. Appl. No. 3977 - BETTY J. COPIN Appl. No. 3975 - ARTHUR G. CARLSON Appl. No. 3788 - SUN REFINING & MARKETING Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO Others for hearings: Appl. No. 3983 - JANET MALONEY Appl. No. 3.9'� - 00_HN=.M-I L-A:Z_Z0 Appl. No. 398 - HERBERT & CATHERINE LINDTVEIT Appl. No. 3981 - PHYLLIS RAYNE BYER Appl. No. 3986 - BARRY & BEVERLY LEHR Appl. No. 3987 - S. H. FRIEMANN & OTHERS Appl. No. 3988 - ANTONIO VANGI . It was noted that the early December hearings calendar was moved up to November 29, 1990, and two "Regular" Meetings were held during November, and two "Special" Meetings to be held on November 15, 1990 and again in early December. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. Southold Town Board of Appeals -7- November 1, 1990 Regular Meeting The following additional meetings were confirmed: November 7, 1990 Planning & Zoning Committee 7:30 p.m. November 15, 1990 Legislative Code Committee 7:30 p.m. Wednesday, November 21, 1990 ( ?) Planning & Zoning 7:30 Wednesday, November 28, 1990. Planning & Zoning 8:00 a.m. ( ? ) Thursday, November 29, 1990 ZBA Hearings & Meeting 7: 30 p.m. Thursday, December 6 or 13 , 1990 ZBA Special Meeting 6:45 The Chairman declared the meeting adjourned at 11: 15 p.m. Respectfully submitted, Linda F. Kowalski 11/8/90 —Approved 11/15 0 RECEIVED ,AND FILED BY THE SOUTHOLD TOWN CLERK DATE r aR JCja HOUR )I . 30 Al Town Clerk, Town of'.Sout old TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS, THURSDAY, NOVEMBER 1, 1990 Appeal No. 3939 - Matter of VILLAGE MARINE: Board Members present were: James Dinizio, Jr. , Chairman Pro Tem; Charles Grigonis, Jr. and Serge J. Doyen. (Absent were: Members Joseph H. Sawicki and Gerard P. Goehringer, who has abstained from discussions or deliberations in this matter. ) Also present were: Board Secretary Linda Kowalski, and approximately 25 persons in the audience. Chairman Dinizio reconvened the hearing at 10: 48 p.m. CHAIRMAN DINIZIO: Is there anybody wishing to make any comments on this, for or against? Mr. Cuddy. CHARLES CUDDY, ESQ. : I 'm Charles Cuddy, attorney for the applicant, Village Marine. When we were here at the last meeting; this was held over for several reasons, but I would Page 2 - Appeal No. 3939 November .l, 1990 Z.B.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE CHARLES CUDDY, ESQ. , continued: just briefly like to reiterate what our application is because I think it's important to know what it is so you know what it's not. It's simply an application for setback variances because we want to build a_ larger building to house the boats so that we can repair the boats. It also is an application to permit us to have a boat rack so that we can take existing boats -- not new boats, not additional boats, but existing boats there -- put them in the storage racks. It opens up the area. It permits us to have additional parking, and in this connection, we've submitted a revised plan to the Board showing additional parking spaces and also showing some planters along the bulkheading. I 'm aware and I had asked, and this is one of the reasons I guess we're having this further meeting -- I had asked to comment on anything that the Planning Board -- (The Court Stenographer returned to the meeting at this time. ) SECRETARY: We should have been waiting for Gail before we started the hearing. CHAIRMAN PRO TEM: I didn't even realize she was gone. Sorry, Mr. Cuddy. Page 3 - Appeal No. 3939 November 1, 1990 Z.B-.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE GAIL ROCHEN: Mr. Cuddy, let me just get to the record. Ok, this is Village Marine. MR. CUDDY: I just indicated that we were here because we were asking for a larger building and also the boat rack, and needed setbacks because the lot is a small lot. The lot is a little in excess of 20,000 square feet. It's a permitted use. We're not asking to expand a nonconforming use, and I think it's important because the opposition in part, and part of it seems to come from the Planning Board, and I had asked last time that they correspond with this board and to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote to this Board, and my letter should be a part of the Board' s file. And today I 've been made aware of an additional. letter from the Planning Board claiming that effectively the proposed plan with additional parking violates five different sections of the code. I would just like to point out to the Board that the five sections that are spoken of, Section 100-100-210, 100-212, 100-213 . . . (See remainder of hearing transcript prepared by Court Stenographer under separate cover. ) Prepared by: , 'NDA KOWAL KI 6