HomeMy WebLinkAboutZBA-02/01/1995 f•
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APPEALS BOARD MEMBERS ���SVFFO(�C®G SCOTT L.HARRIS
Supervisor
Gerard P. Goehringer, Chairman �
Serge Doyen,Jr. W Town Hall, 53095 Main Road
James Dinizio,Jr. ip � P.O. Box 1179
Robert A.Villa �4j ��O Southold, New York 11971
Richard C.Wilton Fax (516) 765-1823
Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516)765-1800
TOWN OF SOUTHOLD
M I N U T E S
REGULAR MEETING
WEDNESDAY, FEBRUARY 1, 1995
7:00 - 7:30 p.m. Informal work session and review of pending files.
No formal action was taken during this time.
7:30 p.m. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS
was held at the Southold Town Hall, 53095 Main Road, Southold, New York
11971, on WEDNESDAY, FEBRUARY 1, 1995 commencing at 7:30 p.m.
Present were:
Gerard P. Goehr.finger, Chairman
Serge Doyen, Jr. , Member
James Dinizio, Jr. , Member
Robert A. Villa, Member
Richard C. Wilton, Member
Linda Kowalski, Board Assistant
1. PUBLIC HEARINGS:
As ' introductions to each hearing, the Chairman read the lead notice and
description of each of the following applications. Each hearing started at
the times designated below. Unless otherwise noted, each hearing was
concluded and deliberations commenced.
7:30 p.m. Appl. No. 4294 - MR. AND MRS JOSEPH DUGGAN. Request for
Variance regarding addition which is to be within 75 feet of the bulkhead and
with lot coverage at approximately 27% for all building construction. 330
Snug Harbor Road, Cleaves Point Section III, Greenport. Chuck Bowman of
Land Use Company appeared with the applicant, Joseph Duggan.
7:41 p.m. Appl. No. 4295 - MICHAEL RACZ and GAIL DESSIMOZ. Request
for Variance to locate accessory building (poolhouse a/k/a bath house) partly
in the side yard area. at 4255 Private Road #10 (a/k/a Hallock Lane) ,
Mattituck. Subject to final resolution for lot-line approval and subdivision
by the Southold Planning Board. Kenneth Abruzzo of Young & Young, land
surveyors, appeared in behalf of the applicants. After receiving testimony
and finalizing the hearing, action was taken to conditionally grant relief.
See written findings and determination near the last few pages of Minutes.
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Page 2 - Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
7:48 - 8:15 p.m. Appl. No. 4296 - CHARLES TYLER, JR. Request for
Variance for approval of existing accessory building for housing of chickens
with fencing, all less than the required 40 feet from all property lines at
1455 Pike Street, Mattituck. Charles Tyler appeared in behalf of the owner.
Opposing was MaryAnn Fleischman Milligan. Please see transcript of hearing
for written statements and concerns submitted at this time. (Transcript of
hearing has been prepared under separate cover and filed with the Town
Clerk for reference. )
8:15 p.m. Continued Hearing(s) for Variances requested by WILLIAM F.
GASSER. Gregory Blass, Mr. and Mrs. Gasser, and others spoke in favor
of the application (American Armoured Tank Museum) . Carmella Borreilo,
Esq. and Mr. and Mrs. Ammariti spoke against the application. Please see
transcript of hearing for written statements and concerns submitted at this
time. (Transcript of hearing has been prepared under separate cover and
filed with the Town Clerk for reference.) Location of Property: 640 Love
Lane and the south side of County Route 48, Mattituck, NY; County Tax
Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District,
which requests are noted as follows:
Appl. No. 4260 - Request for Variance under Article
IX, Section 100-91C(1) based upon the July 12, 1994 Notice
of Disapproval issued by the Building Inspector for the
placement of accessory tower structure which is required to
be located in a rear yard with a setback as per Section
100-33B(2) at five feet from the property line;
Appl. No. 4261 - Request for Variance under Article
XXIII, Section 100-231A based upon the July 12, 1994 Notice
of Disapproval for the height of the fence which excess the
required height limitation;
Appl. No. 4262 - Request for Variance under Article
IX, Section 100-93 based upon the July 12, 1994 Notice of
Disapproval for the outside storage or display which is not
permitted in this Hamlet-Business Zone District.
Following testimony, motion was made by Chairman Goehringer, seconded by
Member Wilton, and duly carried, to conclude (close) the hearing and
record, pending deliberations at a later date.
Il. DELIBERATIONS on matters carried over from last meeting and on
tonight's matters and actions taken in the following order:
A. Appl. No. 4291 - JAMES M. and ELAINE O'KEEFE."
B. Appl. No. 4294 - MR. AND MRS. JOSEPH DUGGAN. '
C. Appl. No. 4295 - MICHAEL RACZ and GAIL DESSIMOZ.
D. Appl. No. 4296 - CHARLES TYLER, JR.
E. Appl. No. 4260 - WILLIAM F. GASSER.
Page 3 - Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
F. Appl. No. 4261 - WILLIAM F. GASSER.
G. Appl. No. 4262 - WILLIAM F. GASSER.
ACTION OF THE BOARD OF APPEALS
Appl. No. 4291-SE.
Application of JAMES M. and ELAINE O'KEEFE. Request for
a Special Exception under Article IIIA, Section 100-30B to
establish Bed and Breakfast use as an accessory incidental to the
applicant's single-family residence and ownership of dwelling
located at 54300 C.R. 48, Southold; Parcel No. 1000-52-3-1.
Zone District: R-40 Low-Density Residential.
WHEREAS, a public hearing was held on January 4, 1995, at
which time all those desiring to be heard were heard, in support of
and in opposition to this application, 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. REQUEST FOR CONSIDERATION: By this application, a
Special Exception is requested for an "Accessory Bed and_
Breakfast" to be owned as well as operated by the applicants of
their property known as 54300 C.R. 48, Southold, New York, for
the rental of three bedrooms within the existing residence and
serving of breakfast to not more than six casual and transient
roomers.
2. SITE LOCATION: The premises in question is located
along the south side of County Route 48, Greenport, and also
fronts along a private road known as "Ruch Lane" along the
westerly side. An original survey prepared by Lee Lutz,
Surveyor,. P.C. has been submitted showing- the property and
driveway dated 7-5-90.
3. LAND & BUILDINGS: The 1990 survey together with an
inspection by Board Members shows that the subject premises is
improved with a principal two-story, and one-story, single-family
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Page 4 - Appl. No. 4291-SE
Application of JAMES AND ELAINE O'KEEFE
Decision Rendered February 1, 1995
dwelling and separate garage, located in the rear yard 19.1 feet at
its closest point from the southerly property .line. The dwelling
is shown to be 75 feet from the northerly front property line along
Middle Road (County Route 48) and 26 feet from the westerly
property line .along the private road. Parking for at least .five
(5) vehicles has been made available on site.
4. PERMITTED ZONE: This property is presently located in
the 11R-40" Low-Density Residential Zone District and has .a total
land area of 42,055 sq. ft. The principal use of the premises is
and has been as a single-family dwelling use occupancy, which
would not be changed by this proposed " Accessory Bed and
Breakfast" establishment.
5. USE STATUS: Pre-Existing Certificate of Occupancy
No. Z-19343 dated September 7, 1990 issued by the Building
Inspector has been submitted for the record showing that a private
one-family dwelling with accessory three-car garage existed prior
to April .9, 1957 (the enactment of zoning). Also noted is
Certificate of Occupancy No. Z-19342 for a deck addition under
Building Permit No. 12365 and Certificate of Occupancy No. Z-5396
for an accessory constructed under Building Permit No. 6091.
6. INTENT OF SECTION 100-31B(15): In, considering this
application, Board Members have personally visited the site and are
knowledgeable of the layout of the dwelling with proposed Bed-and
Breakfast and main bedroom areas. The Board finds that the
location of the proposed Bed and Breakfast area within the existing
dwelling unit does meet the intent of the current zoning
requirement for placement within the main fundamental living unit
in this dwelling, as applied.
7.. PRIVATE EASEMENTS-AGREEMENTS: The applicants have
confirmed their intention and offer to limit the use of their right
to use the beach areas to the applicants' family and guests, but to
disallow and discourage use by transient boarders under the
Bed-and-Breakfast use. The Board does agree with'the applicants
and the Board strongly recommends that the applicants by their
offer will disallow an extension of their private rights . and
easement to transients boarding the B & B. The issues `of private
road ownership and beach use are not issues would would preclude
the proposed use; and these specific issues are beyond the scope
of review of this Board, and which are subject to private
resolution among the claimants of these rights (rather than under
the purview of the town).
The Board further finds and determines that:
(a) the proposed accessory use will not create a change
adversely affecting the orderly and reasonable use of legally
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Page 5 - Appl. No. 4291-SE
Application of JAMES AND ELAINE O'KEEFE
Decision Rendered February 1, 1995
established uses of adjacent properties or of properties in
adjacent use districts because the building will continue the same
single-family residential - character without any • adverse physical
change to the building or the land, and the owner must be the
manager and operator of this access use;
(b) the proposed use will not directly affect the safety,
health, welfare, comfort, convenience, or order of the Town or
neighboring properties because the property does have direct
frontage along a County Highway and also access from a private
road known as "Ruch Lane" - which does not need access over or
through other residential lands for its safe and proper operation;
(c) the use will be compatible with its surroundings and
with the residential character of the neighborhood and of the
community in general, particularly with regard to visibility, scale
and overall appearance because the legislative board (Town Board)
of the Town of Southold has already determined this use compatible
for all types of residential neighborhoods and the outside
appearance, total scale and visibility of the existing dwelling and
the land in question will remain unchanged - particularly since
this 100+ year old dwelling with a livable floor area of 2600+- sq.
ft. is quite suitable for this type of accessory use.
Additionally, the Board has also considered Section 100-264,
subsections (a) through (p) •of the Zoning Code and find that this
proposed Special Exception use is clearly an accessory use,
subordinate and incidental to the principal dwelling use with
owner-occupancy.
Accordingly, on motion by Chairman Goehringer, seconded by
Member 'Wilton, it was
RESOLVED, to re-confirm the (uncoordinated) Negative
Declaration prepared and posted by the Board of Appeals from
November 30, 1994 to the present date, pursuant to the N.Y.S.
Environmental Quality Review Act (SEQRA), and BE IT FURTHER
RESOLVED, to GRANT a Special Exception as provided under
Article IIIA, Section 100-30B of the Zoning Code (Chapter 100) for
the establishment of a Bed and Breakfast Use as an accessory use
incidental to applicant-owners' single-family residence, as
applied, SUBJECT TO THE FOLLOWING CONDITIONS:
a) That the owners place a barrier or fence structure along
the westerly side of the property abutting Ruch Lane which shall
designate parking on-site for five vehicles; and 0
b) That there be no backing out of vehicles onto the private
road (Ruch Lane) or onto the County Road; every effort must be
Page 6 - Appl. No. 4291-SE
Application of JAMES AND ELAINE O'KEEFE .
Decision Rendered February 1, 1995
made to comply with circulated parking on-site for proper exiting;
and
c) That this special exception is limited to three bedrooms
in an owner occupied dwelling for lodging and serving of breakfast
to not more than six (6) casual and transient roomers, provided
that the renting of such, rooms for such purpose is clearly
incidental and subordinate to the principal single-family dwelling
use; and
d) That pursuant to the Code Requirement at 100-31B(15)(b),
"no accessory apartment shall be permitted in or on premises for
which a bed-and-breakfast facility is authorized or exists"; and
e) That proper permit(s) or other approval(s) must be
obtained from the Southold Town Building Inspector and any other
governmental agency having jurisdiction thereunder . prior to
operating this B & B for rental purposes.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa,
Wilton and Goehringer. This resolution was duly adopted.
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Page 7 - Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: . February 1, 1995 APPL. #4294.
APPLICANT: JOSEPH AND MADELON DUGGAN.
LOCATION OF PROPERTY: 330 Snug Harbor Road, Green ort, NY
COUNTY TAX MAP DISTRICT 1000, SECTION 35, BLOCK 5, LOT 31.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated January 4, 1995: "Proposed construction will exceed
permitted lot coverage and is less than 75 feet from the bulkhead. . . ."
PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 and
Article XXIII, Section 100-239.4B.
RELIEF REQUESTED: 12' deck extension at rear of dwelling with a
setback of 45 feet from the bulkhead and 1913" from the closest boat
slip alcove. Lot coverage requested at 27 0 of total lot.
MOTION MADE BY: Gerard P. Goehringer, Chairman
SECONDED BY: Robert A. Villa, Member
ACTION/RESOLUTION ADOPTED: Granted with modifications and
conditions as follows: (a) setback to boat slip alcove to be 2113"
instead of 1913"; (b) no roofing or permanent enclosure as
proposed; (c) no further reductions in requested setbacks
REASONS/FINDINGS: No alternative location is available; present
location is a rear yard where accessory uses are permitted generally.
Open decks are not considered major construction, and under the
circumstances, an open deck in the rear yard is not unreasonable with
the limitations established herein.
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. ,
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Page 8 - Minutes and Resolutions
Regular Meeting of February 1 , 1995
Southold . Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: February 1, 1995 APPL. #4295.
APPLICANT: MICHAEL RACZ and GAIL DESSIMOZ
LOCATION OF PROPERTY: 4255 Private Road No. 10 (a/k/a Hallock's
Lane), Mattituck, NY.
COUNTY TAX MAP DISTRICT 1000, SECTION 112, .BLOCK 1, LOT 4 and
p/o 3, containing 128,045 sf.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated January 10, 1995. "All accessory buildings, structures
and accessory uses shall be located in the required rear _yard.
PROVISIONS APPEALED FROM: Article III, Sections 100-33.
RELIEF REQUESTED: 13.5' x 25.8' accessory greenhouse plus 813 x 6'
rooms, one at each end of the greenhouse building (see plan prepared
January 26, 1995 by J. Douglas Peix, R.A. The location is requested
to be partly in the westerly side yard and partly in the southerly front
yard (north of the driveway area)
MOTION MADE BY: Richard C. Wilton, Member
SECONDED BY: Serge Doyen, Jr., Member
ACTION/RESOLUTION ADOPTED: Granted location in the side _yard at
not less than 20 feet from the westerly property line as shown on Young
& Young map revised Dec. 19, 1994, just south of propose
swimmingpool location which has been relocated in a required rear yard
area. . For purposes of zoning and subdivision approval, which is
simultaneously with this application being finalized, all buildings
other than the existing principal 2-story frame house shall continue to
be treated as "buildings and uses accessory and incidental to the main
single-family dwelling use (and not as separate principal dwelling
units)." CONDITIONS PERTAINING TO THIS BUILDING ARE:. (1) change.
on overall building size, heights and overall use or proposed activity
to other than bathhouse, changing room and greenhouse, will require
notification and further review by ZBA or its authorized representative
as to need or waiver for further ZBA processing, amendment or
hearing; (2) no sleeping or habitable areas; (3) no kitchen-cooking
or microwaving.
REASONS/FINDINGS: Existing two-story frame, house which is the
primary building used as a principal single-family occupancy/use is
Page g Appeal No. 4295
Application of MICHAEL RACZ & ano.
Decision Rendered February 1, 1995
located .278 feet from right-of-way at the southerly property line and
110+- feet from the top of bluff as determined November 18, 1994 by
surveyor. Placement of new accessory buildings at 100 feet or greater
from the top of the bluff places the available land area in a side yard
and/or front yard. Applicant has determined yard area of building
labeled 111-story frame cottage" to be a rear yard, which allows the
proposed accessory swimmingpool to be located in a required rear yard.
For purposes of zoning, all buildings other than the existing principal
2-story frame house shall continue to be treated as buildings and uses
accessory and incidental to the main single-family dwelling use (and not
as separate principal dwelling units). Based upon Section 100-30A.1-C,
accessory buildings may also be located in a front yard for a waterfront
parcel.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard Wilton, Member
Gerard P. Goehringer, Chairman-Member
This resolution was unanimously adopted.
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Page 10- Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: February 1, 1995 APPL. #4296.
APPLICANT: CHARLES TYLER, JR.
LOCATION OF PROPERTY: 1455 Pike Street, Mattituck, NY
COUNTY TAX MAP DISTRICT 1000, SECTION 140, BLOCK 2, LOT 41.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated December 2, 1994: "Horses and domestic animals other
than household pets, provided that such animals shall not be housed
within 40 feet of any lot line. . . ."
PROVISIONS APPEALED FROM: Article III, Section 100-31C(8) .
RELIEF REQUESTED: � 5' x 9' accessory (chicken coop) shed with small
fencing located in the rear yard at 30 feet from the rear property line
and 15 feet from the westerly side property line.
MOTION MADE BY: Richard C. Wilton, Member
SECONDED BY: Serge Doyen, Jr., Member
ACTION/RESOLUTION ADOPTED: Granted present rear yard location
for 5' x 9' accessory shed with fencing, as built, at 30 feet from rear
line and 15 feet from side line for housing of six chickens or hens (as
exist), subject to the following conditions: (1) chickens shall remain
housed until 7:00 a.m.; (2) chicken coop door opening shall face
north; (2) no exposed manure to be collected on site; (3) when
owner disbands chickens, remove. coop and chickens or hens without
replacement; (4) limited to housing for six chicken's due to size and
location; (5) limited to present size of 5' by 91; (6) no outdoor
burning; (7) no loud disturbances from fowl, such as roosters
(8) open yard areas shall be tidy and clean from debris, tires, etc.
(9) relocate accessory to the center of the rear yard.
REASONS/FINDINGS: No alternative location is available; present
location is a rear yard where accessory uses are permitted generally
(without housing of chickens). Chicken coop is temporary according to
applicant. Under the circumstances, variance is not unreasonable with
limitations established herein.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
Richard A. Wilton, Member
Nay: James Dinizio, Member. (No-.reasons-given)---
Abstained: Gerard P. Goehringer, Chairman
This resolution was duly adopted 3-1, wjth one- abAtp-tion.
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Page 11- Appl. Nos. 426:., 4261, 4262 r
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
FINDINGS AND DETERMINATION
With reference to each of the following separately filed applications and
appeal file numbers:
Appl. No. 4260 - Application for a Variance under Article IX,
Section 100-91C(1) of the Southold Town Zoning Code, based upon the
July 12, 1994 Notice of Disapproval issued by the Building Inspector for
the placement of accessory tower structure which is required to be
located .in a rear yard with a setback as per Section 100-33B(2) at five
feet from the property line. Property known and - referred to as the
American Armoured Tank Museum, 640 Love Lane and the south .side of
County Route 48, Mattituck, NY; County Tax Map Parcel No.
1000-140-2-16 located in the Hamlet Business Zone District; and
Appl. No. 4261 - Application for a Variance under Article XXIII,
Section .100-231A of the Southold Town Zoning Code, based upon the
July 12, 1994 Notice of Disapproval for the height of the fence which
exceeds the required height limitation. Property known and referred to
as the American Armoured Tank Museum, 640 Love Lane -and the south
side of County Route 48, Mattituck, NY; County Tax Map Parcel No.
1000-140-2-16 located in the Hamlet Business Zone District; and
Appl. No. 4262 - Application for a Variance under Article IX,
Section 100-93 of the Zoning Code based upon the July 12, 1994 Notice of
Disapproval for the outside storage or display which is not permitted in
this Hamlet-Business Zone District. Property known and referred to as
the American Armoured Tank Museum, 640 Love Lane and the south side
of County Route 48, Mattituck, NY; County Tax Map Parcel No.
1000-140-2-16 located in the Hamlet Business Zone District.
WHEREAS, public Bearings on each of the above applications were
held on January 4, 1995 and February 1, 1995,. at which times all 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;
WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding
areas; and
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Page 12- Appl. Nos. 426-., 4261, 4262
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
WHEREAS, the Board made the following findings of fact:
1. BASES OF APPEALS. These are appeal applications based upon
a July 12, 1994 Notice of Disapproval issued by the Building Inspector.
2. OWNERSHIP: Town records show the owner of the subject
property as WILLIAM F. GASSER, having acquired the subject premises
on September 3, 1981 by deed at Liber 9071 page 54.
3. LOCATION AND DESCRIPTION OF PROPERTY: The subject
property consists of an area of 32,109 sq. ft. with 50 ft. frontage along
the easterly side of Love Lane and 60 ft. frontage along the southerly
side of County Highway 48. The parcel is "L" shaped with 248.50 ft.
frontage in an east-west direction along the Long Island Railroad
tracks. The property extends northerly 375.72 feet from the Long Island
Railroad to the County Highway. The property is conforming as to total
lot area, width and depth in this -Hamlet-Business (HB) Zone District.
4. USE OF PROPERTY: The subject property is known to be a
non-profit tank museum which existed since the early 1980s. Prior to
having been acquired in 1981 by William F. Gasser, the property was
used as an C-Light Industrial storage yard related to a nearby
commercially established lumber company located on Sound Avenue,
Mattituck.
5. ZONING. In 1981 the lower half of the subject premises was
zoned "C-Light Industrial," and the upper half of the subject premises
was mixed "C-Light Industrial", and "A" Agricultural-Residential. In
January 1989, a new master plan was adopted which'rezoned the premises
to Light-Industrial. Subsequently, on May 27, 1992 the applicants
applied to the Town Board for a change of zone from Light Industrial and
Residential Office to. Hamlet Business, and. on November 10, 1992, the
Town Board granted this change in zoning, with conditions as noted in
the Declaration of Covenants filed in the Suffolk County Clerk's Office
on November 8, 1993 at Liber 11651 page 134.
6. CHARACTER OF IMMEDIATE AREA. Abutting this property are
the following:
(a) to the northwest is a 34,578 sq. ft. parcel owned by
Mr. and Mrs. Frank Ammariti since October 8, 1985 as per conveyances
at Liber 9899 pages 22 thru 36 (8 deeds) . On November 267 1985, the
neighbors applied for and received a Special Exception under File
No. 3407 for a 470 sq. ft. catering services of prepared take-out foods"
in conjunction with the owner's primary single-family residence on the
second floor, and separate single-family apartment use on the existing
first floor. The property in-1985 was. zoned. '.'C-Light-Industrial"--and--
prior to the Ammariti's conversion to catering, it was used as a multiple
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Page 13- Appl. Nos. 4260, 4261, 4262
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
residence for three families. Currently, the zoning designation for the
Ammariti's parcel is Hamlet Business.
(b) to the extreme north, County Route 48 (formerly known as
County Road 27) which is a heavily traveled dual-lane highway.
(c) to the east, property identified as 1000-140-2-18, now or
formerly of Doroski, partly located in ; the Light-Industrial Zone and
partly Residential-Office. Prior to 1989 this property was also zoned
C-Light Industrial and Agricultural/Residential.
(d) to the south, the Long -Island Railroad tracks. Further
south of the LIRR tracks is the business district which consists of
beauty salon, retail sales, banking, drinking establishment, and other
personal service stores, with nearby municipal parking areas.
APPLICABLE ZONING CODE PROVISIONS.
7. ACCESSORY TOWER SETBACKS:
Article IX, Section 100-91C(1) reads as follows:
C_ Accessory uses. The following accessory uses are permitted as
accessory uses and, except for residential accessory uses and signs...,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by Section 100-31C(1)
through (7) .__ and set forth in Section 100-33 thereof_
Article III, Section 100-33 at page 10050.1 reads:
100-33. Accessory buildings. Amended 4-10-1990.
In the Agricultural-Conservation District and Residential R-80, R-120,
R-200 and R-400 Districts, accessory buildings and structures or other
accessory uses shall be located in the required rear yard, subject,to
the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B_ Setbacks_
(1) On lots containing up to twenty thousand (20,000) square feet,
such buildings shall be set back no less than three (3) feet from any
lot line.
(2) On lots containing more than twenty thousand (20,000) square
feet up to thirty-nine-thousand nine-hundred ninety-nine (39,9991
square feet, such buildings shall be set back no less -than•five-{5) — -- -- - - ---
feet from any lot line.
{Added 12-22-921
Page 14- Appl. Nos. 426E, 4261, 4262
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
The accessory tower structure is shown on the sketch submitted with
the application to be 19 inches short of the set-back requirement, at
an 3.42 ft. (41") set-back instead of five (51) feet. It is also
noted that the tower structure was reduced in height to less than
18 feet as required by the code when it was moved to this particular
area - all resulting from an attempt to comply with the Town Board's
conditions under its grant of zone change - for this Museum on
November 10, 1992 and pursuant to 'a Declaration of Covenants filed
at Liber 11651 at page 134 on November 8, 1993. The subject tower
was moved to this location, however, without a building permit or
set-back variance. A height variance is no longer necessary based
upon the modifications to the tower by the owner-applicant.
8. FENCE HEIGHT:
Article XXIII, Section 100-231A (added 1-9-89) requires the height of
a fence, to be limited to six feet when located in the front yard of
nonresidential zones, and when located in or along side and rear
yards, the- same shall not exceed 6-1/2 feet. The fence height along
the northerly (side) line and westerly (side) property line abutting
Ammariti existed prior to 1982. At that time, fence heights along
side and rear lines were permitted up to eight feet (Section 100-119.1
of the former zone code) and fence heights within five feet of the
property and within a front yard area were limited to four feet in
height. The height requested by this application is for a total of
618" (see applicant's sketch submitted with this application).
9. STORAGE OF MERCHANDISE IN ENCLOSED BUILDINGS:
Article IX, Section 100-93 of the current Zoning Code reads as
follows:
... 100-93. Uses confined to enclosed buildings. All uses permitted
in the HB District, including the display and sale or merchandise and
the storage of all property, except living plants, shrubs and trees,
shall be confined to fully enclosed buildings on the premises... .
The items which are not presently within an enclosed building are
armoured vehicles, display guns on stands and other historical. artifacts
related to this type of museum.
OPPOSITION/OTHER DISCUSSIONS
10. OPPOSITION RELATIVE TO NORTHWESTERLY LOT. During
the hearing, opposition, was received from the owners of property along
the northwesterly property line of the subject premises. Memorandums
have been 'furnished listing the areas of concern -- all of which have
r
Page 15- Appl. Nos. 4260, 4261, 4262 !
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
been fully considered by theBoard Members under this application.
Some issues raised were:
a) a claim by opponent(s) that 'although the Town was .
cognizant of the fact that the museum existed for more than 10 years
without proof of enforcement proceedings for its existence as a museum
use will, in the opposition's view, preclude the grant of the within
variances;
b) _ a claim by opponent(s) that even under the 1992 HB
zoning designation by the Town, the property is not the proper place for
a non-profit museum without outside storage.,
c) the Board at both hearings did request from opponent(s) a
list of their own suggestions (similar to what is sometimes referred to
as a "wish list") in which the concerns could be alleviated or be less
adverse to their property by way of mitigation, and the opponent(s)
chose not to furnish a list of suggestions or requests.
d) whether in fact the items which are not within an enclosed
building would include motorized vehicles which have generally throughout
the township for many years.
e) whether or not the submission of information showing the
applicant was operating as a museum from 1981 until 1992 is an issue to
be determined at this time, under these applications, particularly since
the action being appealed herein was taken by the Building Inspector
dated July 12, 1994 and pertains to three specific areas: the tower
location, fence height, and outside storage of artifacts.
f) the specific -"yard line" of the front yard as defined by
Section 100-13 of the zoning code and a determination of the required
height for that yard line and yard area.
g) whether.or not the change of the zone by the Town Board
in 1992 is directly relevant or a reason to preclude the granting or
denial of the variances requested.
FINDINGS, INTERPRETATION AND DETERMINATIONS
11. For record purposes, it is noted and further determined that
the issues raised pertaining to items 10(b), (b), (e), and (g) herein
(listed at page 5) are not properly under .the jurisdiction of this Board
in , these variance requests as applied. The action by a Town Board to
change the zoning of a parcel, as well as issues of alleged lack of
enforcement or compliance, is not an area to be properly decided by this
Board, in a quasi-judicial status.
Page 16- Appl. Nos. 4260, 4261, 4262
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
feet for nonresidential zone districts. The fence • height limitation is
6-1/2 feet when located along the . side and rear yard areas. The
requested height is shown on the applicant's sketch to be 618" enclosing
the entire premises, -and the variance required is for two inches (2")
along the side and rear lines, and eight inches (81f) for the front yard
line. The fence is used for screening, privacy and security purposes.
b) there will not be an undesirable change in the character of
the neighborhood or a detriment to nearby properties, if granted for the
tower setback; the location of the tower is at the furthest distance from
the opponent's property, and is located very close to the vicinity of the
rear yard of the easterly adjoining parcel; the location is also the
general area requested at 100 feet or more from Love Lane as stipulated
by the Town Board in its 1992 Declaration of Covenants and Restrictions;
c) the benefit sought by the applicant can be otherwise
achieveit with- the placement of a fence at 6 feet in height within the
front yard lines, and at 6-1/2 ft. along the side and rear property lines.
d) the benefit sought by the applicant to locate the tower at
the location shown is outweighed against any benefit claimed by the
abutting property owner in its present location, as compared to another
location of the tower. (It should be noted that no claim has been made
for an alternative location by the abutting property owners for their
benefit).
e) the area variances for both the fence height and tower
setback are not - substantial or unreasonable -- particularly in light of
the fact that the property is uniquely shaped with an L-shaped
configuration, narrow width, limited buildable area, building location,
and other preexisting nonconformities, as a commercial storage yard with
parking of commercial trucks and other vehicles in open yard areas; it
is not uncommon for fences to be placed at six feet in height, or more,
when accessory to open storage yards for screening from view and for
security purposes.
f) the area variances will not have an adverse effect or
impact on the physical or environmental conditions in the neighborhood or
business district (see environmental reviews and declarations adopted in
1992 by the Town Board and Negative Declaration adopted by this Board
on November 2, 1994); abutting the subject premises to the south are
the Long Island Railroad tracks; to the north is a parcel of land
occupied as a take-out catering service which is nonconforming in the HB
Zone District;
g) the relief granted is the minimum necessary with variations
between 2 and 8 inches as to fence:_height,_-and-as -to-19---inches.-.for the ---
tower setback reduction; at the same time the relief as conditionally
granted will preserve and protect the character of the neighborhood and
f
Page 17- Appl. Nos. 42e. 4261, 4262 1
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
12. INTERPRETATION. In this determination, it is confirmed by
this Board that it has been the position of the Town for more than 37
years to permit the parking of movable, motorized vehicles or similar
transportation in open areas. In fact, Article XXIII, Section 100-236
of the zoning code states that "...No unenclosed storage, except parking
of operable passenger vehicles capable of passing inspection or
recreation or boats and commercial vehicles as set forth in Section
100-191 shall be permitted in a residential district. . . (emphasis
added)." This is not a residential. district; this is a business
district which permits museums, *open space, **parking lots. Section
100-13 of the Zoning Code, defines these terms:
*OPEN SPACE: Any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved
for public or private use or enjoyment or for the use and
enjoyment of owners and occupants of land adjoining or
neighboring such open space, provided that such areas may
be improved with only those buildings, structures, streets
and off-street parking and other improvements that are
designed to be incidental to the natural openness of the
land.
**PARKING LOT: An off-street, ground level area, surfaced
and improved for the temporary storage of motor vehicles.
13. VARIANCES.
Fence height and tower setback relief are area variances (ref. New York
Town Law, Section 267(1) amended July 1, 1992). New York Town Law,
as amended, provides that ZBAs consider two basic things:
A) the benefit to the applicant if the variance is granted; and
B) the detriment to the health, safety, and general welfare of
the neighborhood or community that would occur if the
variance were to be granted.
In balancing the interests above, the Board Members have considered,
and determined, the following five factors for these area variance
requests:
a) there will not be an undesirable change in the character of
the neighborhood or a detriment to nearby properties, as granted for the
fence height variation between 2" and 8"; the yard line .is defined on
Page 10033 of the code to be ". . .A line parallel to a street or lot line
at a distance therefrom equal to the respective yard dimension required
by this chapter." The Bulk-Setback Schedule applicable to the Hamlet
Business Zone District (along Love-Lane) is for a front yard setback at
15 feet. A fence height limitation with the front yard line area is six
Page 18 - Appl. Nos. 426t 4261, 4262
Property of WILLIAM GASSER
Determination Rendered February 1, 1995
the health, safety and welfare of the community; the fence at six feet in
height is properly secured and is not damaged, deteriorated, and is not a
menace to the public. The applicant-owner has agreed to add slats
within the links of the fence and to provide additional screening as
would be agreeable to the northerly abutting property owner.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED,, ' to DENY the relief as requested for the fence height
above six feet along the front yard line, and above 6-1/2 feet along the
side and rear property lines for this nonresidential use; BE IT FURTHER
RESOLVED, to INTERPRET the activity for parking of movable
vehicles to include tanks and similar devices which may be used for
transportation as a permitted use under Section 100-93 of the Zoning
Code, with the understanding that these vehicles shall be placed within
the southern most 14-feet of the applicant's property, and merchandise
and items which are not defined as movable vehicles shall be stored as
clearly worded under Section 100-93 within an enclosed building; BE IT
FURTHER
RESOLVED, to DENY the variance requested for outside storage of
merchandise, other than motorized vehicles, since there is an alternative
to store these items within an enclosed building; BE IT FURTHER
RESOLVED, to GRANT the variance requested for a 19" reduction in
the setback for the accessory tower structure, as applied, and BE IT
FURTHER
RESOLVED, that the following conditions shall be complied with:
a) Only that area 14 feet along the southerly property line (185'
length) shall be used for parking of motorized vehicles in order that the
remaining 36 feet remain open and unobstructed: for on-site movement
when necessary of vehicles, egress, ingress, landscaping, parking for
guests and employees recommended along the northerly property lien and
other accessibility necessary in the event of a fire or other emergency.
b) When the museum is closed, the northerly most 35 feet of the
property (adjacent to Love Lane) shall remain open. .and unobstructed,
except for employees/volunteers ' vehicles ;
c) Tall plantings or trees shall be placed and continuously
maintained by, the applicants along or near the joint Gasser/Ammaratti
property- line which runs in an east-west direction_ If permission to _
place additional plantings is refused or prevented by the abutting
property owners to - the north (Ammariti), then confirmation shall be
h
I ,
t
Page 19- Appl. Nos. 4260, 4261, 4262 e
Property of WILLL4M GASSER
Determination Rendered February 1, .1995
placed in writing with proof to be furnished to the Town. It is
recommended for the benefit of all that some agreement be reached
between the parties with reference to plantings on either or both
parcels
d), Border fencing shall be slatted six feet north of the road line
when it is presently unslatted; all fencing and slatted areas shall be
maintained in ,good condition and repaired by the applicants.
e) In six months from the date of the filing of this decision, the
applicants-owners herein shall either remove all merchandise and
artifacts . which. . are not within a building. Alternatively, the
applicants � herein may apply to the Building Department within the next
six months for an addition or new building area for these purposes. In
any event, failure by the applicants to file a building permit
application in a timely fashion shall not prevent the Town from an
enforcement proceeding by the Town Attorney's Office or the Southold
Town Building Department_
f) this determination shall not preclude application_ by the owners
or an aggrieved party for different relief as may be required by the
Building Inspector and filed in accordance with the requirements of New
York .Town Law, Section 267 (such as an addition to the existing
building, or new building for inside storage and display of merchandise
and other artifacts).
Vote of the Board: Ayes: Messrs. Doyen, Wilton and
Goehringer. Nays: Mr. .Villa (felt the relief requested not suitable to
this particular location and due to the size of the parcel) and
Mr. Dinizio (chose to withhold his reasons). This resolution was duly
adopted 3-2.
Page 20 - Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
Ill. OTHER/UPDATES/RESOLUTIONS/COMMUNICATIONS:
A. SEQRA Conditioned Negative Declaration received from Town
Clerk and Town Board 1/30/95 re: Roy and Joanne Schelin, proposed
Transfer Station at Cox Lane, Cutchogue.
B. Lead Agency SEQRA determination received from Town Clerk
regarding Schelin Transfer Station.
C. Designation and confirmation needed of a ZBA representa-
tive for Association of Towns Meeting to be made (day trip) . Member
Dinizio indicated he may attend. Member Doyen indicated he would like to
attend all meetings.
D. Code Review Committee - February 8, 1995 at 7:30 p.m. was
confirmed. Agenda items: architectural review and special exceptions. The
Chairman's memo of January 25, 1995 to the Code Committee Chairperson was
discussed between Member Dinizio and Chairman Goehringer. Apparently
some uses were proposed to be removed by the special exception requirement
since it seems as though it were an extra application which may not be
necessary. It was also proposed that one board may be able to consider two
applications, i.e. Board of Appeals to do a special exception approval in
some cases while incorporating site plan elements into its decision. Since
the Planning Board does not have authority to determine approvals for uses
and site plans were contingent on meeting the code, some special exception
steps were being eliminated for the purpose of "eliminating" an extra step
or to streamline if it were to reduce the amount of time it took for joint
applications. The ZBA special exception process is normally 3 to 6 weeks
and the Planning Board process is normally more than three months.
The Chairman indicated that the Board members should prepare a list, and
that list would be further discussed for recommendations to the Town Board
committee of zoning matters. At this time a brief list, prepared 1/31/95 by
the ZBA office) was briefly discussed. It was decided that Special
Page 21- Minutes and Resolutions
Regular Meeting - February 1, 1995
Southold Town Board of Appeals
Exceptions for each of the following could be eliminated provided the
Planning Board continues with site plan jurisdiction for each:
Auditoriums, conference facilities, meeting halls, fraternal
organizations - delete SE.
Apartments over stores - delete SE.
Two-family dwelling - delete SE.
Car dealerships - delete SE.
Car sales and display - delete SE.
Funeral homes - keep SE; delete site plan jurisdiction.
Commercial clubs. delete SE; keep site plan jurisdiction.
Other uses on the list were not addressed and Chairman chose to
continue at another time since this was not the appropriate time
(being a midnight hour and the list submitted on short notice) .
E) A Hazardous Communications/Compliance Plan meeting was scheduled
by Supervisor Wickham for February .15th at 10 a.m. for all department
heads or their designee to attend. Linda Kowalski indicated she would
attend.
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned. The meeting was
adjourned at 12:03 a.m.
Respectfully submitted,
4nda Kowalski, Confidential Ass't.
-' Southold Town Board of Appeals
Approved for Filin
w%EC"EIVED AND FILED BY
THE SO THOLD TOWN CLERIC
D r�.LTE l/�Cr�9,s iC3UR g 5
Town Clerk, Town of Southold