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Home My WebLink AboutZBA-06/07/1995 J APPEALS BOARD MEMBERS O��S11FF0(,�co h� py Southold Town Hall Gerard R Goehringer,Chairman c 53095 Main Road cz Serge Doyen,Jr. ti Z P.O. Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A. Villa y?�Ol ��0� Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD _MINUTE S REGULAR MEETING WEDNESDAY, JUNE 7, 1995 7:00 p.m. Work Session - no action was taken. Reviews generally of files. Also Code Enforcement Officer was present and generally discussed enforcement matters involving ZBA projects. 7:30 p.m. Regular Session. Call to Order by Chairman. A Regular Meeting of the Southold Town Board of Appeals was .h-e 1 d on WEDNESDAY, DUNE 7, 1995 commencing .at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowalski, Secretary The following public hearings were held. The Chairman read the legal notice for each particular hearing before requesting testimony or comments. Please see verbatim transcript of hearing prepared under separate cover for reference as needed. The Transcript of Hearing is also being filed with the Town Clerk's Office with this set of Minutes. 1. PUBLIC HEARINGS: 7:35 p.m. Appl. No. 4210 - DONALD ALDRICH. Request based upon the April 13, 1995 Notice of Disapproval in which applicant is requesting a building permit for a deck addition "as built," and disapproved due to insufficient rear yard setback, ref. Art. IIIA, Sec. 100-30A.3 of the Zoning Code. 1620 Hiawathas Path, Southold, NY; 1000-78-3-43.2. Mr. Aldrich was present and spoke in behalf of his application. Testimony was received, and at the end of the hearing, the following action was taken: Page 2 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals DATE OF ACTION: June 7, 1995 APPL. #4310. APPLICANT: DONALD C. ALDRICH LOCATION OF PROPERTY: 1620 Hiawathas Path, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 78, BLOCK 3, LOT 43.2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector which stated "Deck Addition 'as built' —insufficient rear yard setback . . .for an R-40 Zone. . . ." PROVISIONS APPEALED FROM: Article IIIA, Sections 100-30A.3. . RELIEF REQUESTED: 14' x 23' open deck extension along the westerly (northwesterly) rear of existing dwelling with a setback of 32 feet instead of the required 35 feet. MOTION MADE BY: Lydia Tortora, Member SECONDED BY: . James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted rear yard setback of deck extension as built and shown to be 32 feet from the rear property line with the condition that the deck remain open (unenclosed) and unroofed. REASONS/FINDINGS: Alternative to locate deck in a side yard would not be feasible since variance would then be required. The amount of deck which is subject to variance consideration is three feet. The variance is not unreasonable and is very minimal. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member. Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. I . PUBLIC HEARINGS , CONTINUED : 7 : 42 P .M . APPL . NO . 4312 - 'JEAN C . HOLLAND-LONGNECKER and E . KIRK HOLLAND . REQUEST based upon the May 5 , 1995 Notice of Disapproval for a building permit for an accessory gazebo "as exists" and disapproved un"der Art . III-A , Section 100-30A . 4 which requires accessory buildings , 100-33 , to be in the required rear yard . Corner of Lowland Road , Meadow Beach Road , and Sunset Road at Nassau Point , Cutchogue . 1000-111-10-18 . 1 . 1 Page 3 - Minutes June 7 , 1995 Regular Meeting Southold Town Board of Appeals Mr. and Mrs . Holland were present and Mr. Holland spoke in behalf of their appeal. Testimony was received and at the end of the hearing , the following action was taken : ACTION OF THE BOARD OF APPEALS Appl. No. 4312: Matter of the Application of JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article . III-A, Section 100-30A.4 "Accessory buildings, 100-33 shall be located in the required rear yard." The subject premises contains a lot area of approximately 62,742 sq. ft. (which includes the low land section). This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Meadow Beach Road, Lowland and Sunset Roads at Nassau Point, Cutchogue; County Tax Map ID No. 1000-111-10-18.1 (prey. 18 & 1). WHEREAS, after due notice, a public hearing was held on June 7, 1995, and 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, 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. This is an appeal of the May 5, 1995 Notice of Disapproval issued by the Building Inspector in which the appellant has requested an application for a building permit for the location of an accessory gazebo structure, which presently "exists" in a front yard area as shown on the sketched map submitted with this application. Mr. Holland at the hearing confirmed that the distance to the Meadow Beach Road property line is approximately 30 feet, and the distance to the house is approximately 28 feet. 2. The premises in question is located in the R-40 Residential Zone District. The copy of the survey map shows an existing single-family dwelling. Page 4 - Appeal No. 4312 Application of JEAN C. HOLLAND-LONGNECKER Decision Rendered June 7, 1995 3. The subject accessory building is 28' in diameter and does not exceed the 18 ft. height limitation. 4. . It is the position of the Board in considering this application that: (a) the . circumstances are uniquely related to the property -- the property technically has three front yard areas and the remaining yard area is not buildable for an accessory building due to the limited setbacks as established from the house. (b) the relief requested is not unreasonable when considering the character of the neighborhood and the location of other buildings. (c) it is not uncommon for an owner to request an accessory building to be located accessory to the residence and at a distance to enjoy the vistas of the surrounding waterfront community; (d) the relief requested is not substantial in relation to the requirements - the garage is located at greater setbacks than is normally required for accessory buildings on this size of property; (e) the variance requested does not involve an increase in living area or dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enjoyment for the out-of-doors; (g) 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, and the benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to GRANT a Variance for the existing accessory gazebo in the above-noted front yard location, SUBJECT TO THE FOLLOWING CONDITION ; The gazebo shall not be enclosed with walls , however, screening will be permitted . VOTE OF THE BOARD: AYES: MEMBERS Doyen , Dinizio , Page 5 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals HOLLAND-LONGNECKER , continued : Willa , Tortora and Goehringer. This resolution was unanimously adopted . I. PUBLIC HEARINGS, continued: 7:47 p.m. Appl. No. 4313 - ROY SCHOENHAAR. Request is based upon the May 10, 1995 Notice of Disapproval wherein applicant requests a building permit for accessory shed in side yard area "as exists" and disapproved under Art. III, Sec. 100-33 which requires accessory structures to be located in the required rear yard. 64300 Main Road, Greenport. Mr. Schoenhaar was present and spoke in behalf of his application. Testimony was received, and at the end of the hearing, the following action was taken: (Continued on next page) Page 6 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. #4313. APPLICANT: ROY SCHOENHAAR. LOCATION OF PROPERTY: 64300 Main Road, Greenport, NY COUNTY TAX MAP DISTRICT 1000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disap proval issued by the Building Inspector dated May 10, 1995: "Accessory structures required to be in a rear yard." PROVISIONS APPEALED FROM: Article XII, Section 100-122 (ref. Article III, Section 100-33) . RELIEF REQUESTED: 12' by 18' existing shed (with plumbing near refrigeration-cooleralso encroaching side yard setback) located as shown on the survey map dated July 9, 1984 prepared by Roderick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet from the westerly property line "as exists." MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: Granted as exists in present location distant 80+ from the Main Road and as scaled 35+- feet from the bulkhead. REASONS/FINDINGS: No alternative location is available due to basin and limited upland area; present location is not unreasonable because it is very close to rear yard where accessory uses are required. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member James Dinizio, Member. Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. Page 7 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 7:53 p.m. Appl. No. 4311 - ANDREAS VASSILIOUS. This application is based upon the April 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for pool with deck as an accessory structure in an area other than the required rear yard. Pool exists without deck. 585 Inlet Dr. and Summit Dr. , Mattituck. Cpt Kidd Estates Lot 87. 1000-106-2-1. Mr. Frank Polistino as agent-contractor spoke in behalf of the application. Testimony was received, and the hearing ended with deliberations and favorable determination toward the end of the meeting (following other hearings). 8:02 p.m. Appl. No. 4315 - JOAN AND STEPHEN LATHAM. Request based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a variance to amend building permit #22491Z issued April 17, 1995 for the modified location of a new single-family dwelling, "as built" and shown on the survey updated May 12, 1995 which shows a reduced front yard and reduced southerly side yard setback on this corner lot. 60 Rogers Road and Orchard Road; also Lots #2 & #3 as combined, shown on ,the Map of Beixedon Estates, Southold containing a total of 17,000 sq. ft. 1000-66-2-18 & 19. Mr. and Mrs. Steve Latham appeared with their builders (McGahan). Also speaking in favor of this project were the westerly property owner, Larry Osterman (?), and another neighbor, Frances Dooley. Following receipt of testimony, the following action was taken: (Continued on,next page) Page 8 - Minutes June 7, 1995 Regular Meeting Southold Town.Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. #4315. APPLICANT: STEPHEN AND JOAN LATHAM. LOCATION OF PROPERTY: 60 Rogers Rd. (& Orchard Rd.), Southold, NY. 1000-66-2-18. BASIS OF APPEAL Notice of Disapproval issued by the `Buildin#; Inspector on May 9, 1995. "Construction has insufficient side and' front yard setbacks-- required side is 15 feet and front yard 35 feet. "PROVISIONS APPEALED FROM: Article XXIV, Section 100-244B. RELIEF REQUESTED: Variance for location of dwelling, as built, while' constructing under BP #22491Z with insufficient sideyard at. the southerly end and insufficient front yard at the easterly yard. MOTION MADE B Y: Lydia A. Tortora, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: GRANTED as applied. .REASONS/FACTS: The request is a modification of the project as applied under Appeal - No. 4279 rendered 11/2/94. The percentage of relief requested is not substantial, being a variance of eight (8") inches on the .side and 16 inches on the front, , at its closest points. This request does not affect density. The relief requested will not produce an adverse effect or impact 'on the physical or environmental conditions of the neighborhood. No opposition was submitted during the hearing from neighboring landowners, and the westerly property owner supports this request. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert'A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member . This resolution was unanimously adopted. Page 9 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 8:12 p.m. Appl. No. 4314 - JAMES AND BARBARA MILLER, Contract Vendees. (Owner: Paradise of Southold, Inc. and Others). Request is based upon the March 29, 1995 Notice of, Disapproval issued by the Building Inspector wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 1602000 sq. ft.) ARt. III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling' with decks at less than 75 feet from the existing bulkhead; 4. Approval is required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108. . . . Location of Property: 580 Basin Road, Southold, Paradise Point, Section One, 1963 Filed Map No. 3761; also known as 1000-81-1-16.7 (formerly p/o 16.4). Extensive testimony was received (for about 1.25 hrs.), while receiving updated documentation, and on motion by Chairman Goehringer, seconded by Member Villa, it was RESOLVED, to recess and continue the hearing at the next Regular Meeting of the Board on Wednesday, July 12, 1995, and if possible, earlier subject to further notice. Vote of the Board: Ayes: Doyen, Dinizio, Villa, Tortora and Goehringer. This resolution was duly adopted. 9:23 p.m. Appl. No. 5E-4246 - LKC Corp. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to Resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use "and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Page 10 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals Zoning Code at Article XI, Section 100-101B, subject to specific conditions and..requirements pertaining thereto. 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Main Road, Mattituck), and is located in the B General Business Zone District. 1000-122-6-26. Testimony was received (for about one hour). Following the end of testimony, motion by Chairman Goehringer, seconded by Members Tortora and Doyen, it was RESOLVED, to recess and continue the hearing at the next Regular Meeting of the Board at 7:15 p.m. on Thursday, June 29, 1995, and that at that time no further recesses will be permitted, and any other information that may be submitted would be no later than five business days after that hearing. (It was noted that the schedule for use of the meeting room was not available and would be reserved tomorrow during regular town hall hours.) Vote of the Board: Ayes: Doyen, Dinizio, Villa, Tortora and Goehringer. This resolution was duly adopted. II. OTHER: Approximately 10:25 p.m. - RUDY BRUER, ESQ. appeared informally to ask questions pertaining to the requirement for submission of a Special Exception. Mr. Bruer is filing a Special Exception and Variance for East Wind Development at New Suffolk, (former supermarket building). Mr. Bruer asked whether a Special Exception for Accessory Apartment would be preferable over a Special Exception for Two-Family use. The artist studio is planned only as an accessory use to the dwelling units. Mr. Bruer confirmed that two families will own the property, and both owners will reside in the units, if the board grants the Special Exception. The Chairman seemed to feel that the Accessory Apartment would be preferable - but Mr. Bruer indicated he will file for both, and leave it to the Board's discretion. Mr. Bruer said he would prefer to file for a Two-Family Use rather than Accessory Apartment for the reason that the square footage of the Accessory Apartment appears to be 50/50 maximum rather than 40/60 maximum percentage required by the Zoning Code. * * DELIBERATIONS/DECISION, continued from earlier hearing in the Matter of Andreas Vassiliou. (Continued on next page). Page 11 - Minutes June 7, 1995 Regular Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. #4311. APPLICANT: ANDREAS AND ELLI VASSILIOU LOCATION OF PROPERTY: 585 Inlet Drive and S/s Summit Dr., Captain Kidd Estates Lot #87, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 106, BLOCK 2, LOT 1. BASIS OF APPEAL:.. Notice of Disapproval issued by the Building Inspector dated April 29, 1995: "Accessory buildings and uses shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4. RELIEF REQUESTED Accessory use of swimmingpool, as built, in the front yard, with or without without deck attachments, walkway(s), and stairs. Setback is proposed not closer than 34 feet from the easterly front property line along Inlet Drive, and approximately 15 feet from proposed flower planter/deck area opposite the westerly property line. Pool as built presently without decking is' shown to be 22+-. feet from the westerly line and 44 +- feet to the easterly line. MOTION MADE BY: James Dinizio, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/RESOLUTION ADOPTED: Granted as built, provided the sw.immingpool not be joined to the house with extensions or additions. (Note:. No restriction on a proposed deck to the deck, separate from the house was given.) REASONS/FINDINGS: No alternative location is available; present location is the largest usable yard area while maintaining privacy and appropriate setbacks. Under the circumstances, variance is not unreasonable and will not cause a detriment to nearby properties or adverse impact on the physicial or environmental conditions in the neighborhood or district; although the difficulty was self-created, for the above reasons the board does not feel it should preclude the granting of an area variance. . VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member James Dinizio, Member. Gerard P. Goehringer,. Chairman This resolution was unanimously adopted. Page 12 - Minutes RECEIVED AND FILED BY June 7, 1995 Regular Meeting Southold Town Board of Appeals THE SOUTHOLD TOW14 CLERK DATE (-,-0-q 4 HOUR 1 O�.�/U Town Clerk, Town of Southold III. MISCELLANEOUS/UPDATES: A. The Board Secretary reminded Board Members that a Joint Meeting of Committees for Planning, Zoning and Code Review was scheduled for Thursday, June 8, 1995 4 - 6 p.m. B. Update confirmed with Board Members: Communications from Town Clerk Re: Town Board policy. No advertisement (other than Legal Notices) will be permitted in newspapers without prior Town Board resolution. C. Update confirmed with Board Members: Proposed draft Local Law pertaining to Front Yard Setbacks in Commercial Zones was distributed to ZBA Members. Due to the late evening hour, the following agenda items will be continued at the next Zoning Board meeting: D. Firearm Dealers. Gun hobby. If Board Member(s) would like to recommend stronger law, please submit comments or draft to ZBA office. Firearms sales are prohibited in residential zones presently. (See note attached for Board Members to discuss). E. Resolution authorizing advertisement of new applications filed in complete form and accepted by Chairman and Board Secretary on or before June 19th for public hearings at Regular Meeting calendared for July 12, 1995. F. Communications from PB Re: Lot Creation and Merger. (Copies in Board Member boxes). G. Special Meeting to be considered for week of June 19, 1995 to discuss updates and other business matters. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 10:45 p.m. Respectfully submitted, da F. Kowalski, Secretary Southold Town Board of Appeals Approve for Filtdg ' /95 Gerard P. Goehringer, Chairman