HomeMy WebLinkAboutZBA-02/02/1994 F.
oS%SFF01
APPEALS BOARD MEMBERS
o
Gerard P. Goehringer, Chairman C Z
Serge Doyen,Jr. • Town Hall, 53095 Main Road
James Dinizio,Jr. y ®� P.O.Box 1179
Robert A.Villa �Ol �►a 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
WEDNESDAY, FEBRUARY 2, 1994
REGULAR MEETING
7 :15 p.m. Work Session (Reviews only - No action taken)
7 : 35 p.m. Call to Order - Regular Session (Full Board)
A Regular Meeting was held by the Southold Town Board of
Appeals on WEDNESDAY, FEBRUARY 2, 1994 commencing at 7:30
p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman/Member
Serge J. Doyen, Member
James Dinizio, Jr. , Member
Robert A. Villa, Member
Richard C. Wilton, Member
Linda Kowalski, ZBA Clerk and Secretary
I . The following matters were held for PUBLIC HEARINGS,
noted as follows:
7: 35 p.m. Appl. No. 4210 - STEPHEN T. VESEY and CHERYL
SCHLITT. Variance to the Zoning Ordinance, Article ILIA,
Section 100-30A.3 for the existing location of a deck addition
"as built. " A portion of the deck encroaches in the side
yard. The accessory garage structure, which has existed, is
also now partly in a side yard area. Location of Property:
2105 Old Orchard Road, East, Marion, NY; County Tax Map Parcel
No. 1000-37-3-6. Subject premises contains a lot area of
8,638+- sq. ft. and is located in the R-40 Low-Density
Residential Zone District. Appearing were the applicants in
behalf of their application. (Please see verbatim transcript
prepared under separate cover for actual discussions at
hearing. The original transcript has also been filed with the
Town Clerk' s Office for reference purposes as needed. )
Following testimony, a motion was made by Chairman Goehringer,
seconded by Member Villa, and duly carried, to conclude (close)
t
Page 2 - Minutes
Board of Appeals Regular Meeting
Wednesday, February 2, 1994
the hearing, pending Board deliberations and determination later
this evening. See end of Minutes for Findings and Determination.
7:40 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to
the Zoning Ordinance, Article III=A, Section 100-30A.3,
appealing the Notice of Disapproval from the Building Inspector,
and requesting- approval of the substandard -lot area., width and
depth for- each of two proposed lots in this proposed subdivision
application. Subject premises is identified on the Suffolk -
County Tax Maps as District 1.000, Section 117, Block 9, Lot
19.1, containing- a total lot area of 14,300+- sq. ft. Lot #1
is proposed at 7153+- sq. ft. in area,. 101.41 feet of lot depth
anddlot width (frontage) of 70. 59 feet along the westerly `side
of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area,
70.55 feet of lot depth and lot width (frontagel of 101.25 feet
along the northerly side of Jackson Street, New Suffolk, Town of
Southold. Each lot will contain a preexisting single-family
dwelling and accessory storage building, which buildings are
noted on the Pre-Existing Certificate of Occupancy No. Z-22830.
Abigail Wickham, Esq. appeared in behalf of the applicant.
(Please see verbatim transcript for actual discussions during
hearing. The original transcript has also been filed with the
Town Clerk's Office for reference purposes. )
7 :43 p.m. Appl. No. 4161 = BARBARA KUJAWSKI . Request
for Special Exception approving an existing Accessory Apartment
in conjunction with the principal dwelling use and residency by
the owner (owner occupancy) and subject to the provisions of
Article III., Section 100-31B(14) : Location of Property: House
No. 125 (per Town Records) at the north side of Sound Avenue
which parcel commences at a point approximately .51 feet east of
the Riverhead-Southold Towri. Boundary 'Line, extending 195.18 feet
along Sound Avenue_ , Mattituck, NY; County Tax Map Parcel No.
1000-120-1-2.2. This property consists of an area of 40,241
square feet and is located- in the Agricultural--Conservation
(A-C) Zone District. Appearing was Barbara Kujawski, co-owner
and contract vendee for the remaining one-half interest in the
subject premises. Also attending was John Kujawski, co-owner
and contract vendor for one-half interest who submitted a brief.
letter requesting a postponement in. order that he may consult
his attorney. Mr. Kujawski. indicated there is a contract
pending at this time. The applicant, Barbara Kujawski, did
object to a further postponement. Member Dinizio indicated he
did not feel a further postponement was warranted since this is.
the third time a public hearing was held, and the applicant was
an owner, and contract vendee for 100% interest in the
property. The Chairman. recommended a grant of his request and
moved to postpone the hearing until the March 2; 1994 Regular
ZBA Meeting. The Chairman's motion was seconded by. Member
Page 3 - Minutes
Board of Appeals Regular Meeting
• Wednesday, February 2, 1994
Villa, and duly carried by Members Doyen, Wilton, Villa and the
Chairman, to allow time for John `Kujawski to consult. with his
attorney, Richard Lark. (Mr. Lark was provided with a copy of
the Legal Notice by the ZBA Clerk approximately two weeks. ago,
and there was- no' reply through the ZBA Office. ) It is expected
that March 2, 1994 will be the final hearing on this
application, without further postponement., and. that the Board.
will commence deliberations. In the interim, Barbara Kujawski
was asked to submit information concerning the lease agreement
for the Accessory Apartment which is one of the conditions of
the Special Exception as provided in the Zoning Code at this:
time.
7:53 p.m. Appl. No. 4212 - FRANK B. ZIMMER. Special
Exception under Article III, Section 100-31B( 12) for permission
to establish new Horse-Riding Academy. Location of Property:
29525 Main Road,- Orient, NY; County Tax Map Parcel No.
1000-13-2-7. 8. The subj-ect premises contains 17.54 acres
located in the R-80 Zone District, is presently improved with
barns and utilized as a horse farm. Appearing were the
applicant, Mr. Zimmer, Ilene' Tedias, and Rene DiAgusta in favor
of the application. Also' in attendance in the audience were
approximately 20 persons who appeared to .be in support o€ the
application as well (but did not comment) ." <Please see verbatim
transcript for actual discussions during the hearing. The
original transcript has been filed with the Town Clerk' s OFfice.
for reference purposes as needed.> Following testimony, motion
was made by Chairman Goehringer, seconded by Member Villa, and
duly carried, to conclude '(close) the. hearing pending
deliberations (continuing this evening) . " The audience was.
invited to stay if they wished since deliberations would follow
the next (and last) hearing.
8: 05 p.m. Appl. No. 4213 - IRWIN and AGNES FRICK.
Application- ' for a Variance to .the Zoning Ordinance, Article
ILIA", Section 100-30A.3 (and Section 100-244B pertaining to
substandard lot sizes) for permission to construct addition with
a reduction in' the minimum setback at the southerly side yard.
The existing setback is shown to be approximately 11-1/2 feet,
and the addition is proposed to extend 6-1/2 feet from the
existing dwelling structure. Section 100-244B requires a
minimum -10 ft. setback; applicant proposes a five-foot
setback. This parcel of land has a total lot area of 13,940+-
square feet and is located in the R-40 Low-Density Residential
Zone' Distr.ict. Property ID: 1935 Westview Drive, Mattituck,
NY; County Tax Map District 1000,' Section 107, Block 7, Lot 5.
The applicants did not attend and Board Members indicated they
do have a few questions. The hearing was postponed. until
Page 4 - Minutes
Board of Appeals Regular Meeting
Wednesday, February 2, 1994
March 2, 1994 in order that the applicants could be given a
second notice to attend. Motion was made by Chairman
Goehringer, seconded by Member Dinizio, and duly carried, to
continue the hearing on' March 2, 1994 at approximately 7: 3 "p.m.
(End of public hearings)
Agenda Item III-B: Verbal Request of Jacob Albert for possible
advertisement of the Application of Kim Campbell, Fishers
Island. The hearing was advertised for two separate monthly
calendar dates. and is now in -open recess. The ZBA is awaiting
Town Trustees' action which is expected during the last week in
February at the earliest, and there is still a chance that the
ZBA hearing would need to be carried oaer until April if the
Town Trustees relocate_ the cottage further away- from its
original location due to nearby wetlands At this point in
time, it is not known whether the maps would need to .be amended
for compliance with a Trustee requirement next month. The
Board Members directed that the application not be advertised
until the Town Trustees' action has. been received concerning the
both the Coastal Zone Management Code' and Southold Towri.Wetlands
Code and new. maps, as may be appropriate under the circumstances.
AGENDA ITEMS III-A & C:
On motion by Chairman Goehringer, seconded by Member:
Wilton, it was:
RESOLVED, to ADVERTISE new public hearings to be held by
the SOUTHOLD TOWN BOARD OF APPEALS on WEDNESDAY, MARCH 2, 1994
those new applications filed on or before February 10, and
determined to be in complete form by the -Chairman and' Board
Clerk, . for publication on February 17, 1994 -in the local and
official newspaper of the. Town.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen.,
Dinizio, "Wilton and Villa. This resolution was duly adopted.
UPDATES/MISCELLANEOUS:
Town Committee Meetings: None set (as of 2/1/94) .
Association of Towns Meeting in NYC is 2/21 - 2/23.
, r
Southold Town Board of -Appeals -5- February 2, 1994 Regular Meeting
APPEALS BOARD MEMBERS
Gerard P.Goehringer,Chairman
Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio,Jr. `��®` �� Southold,New York 11971
Robert A.Villa w
..Richard C. Wilton Fax(516)165-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD .
January 5, 1994
S.E.0.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4211
Project/Applicants: Mary E . Holland
County Tax Map No. 1000- 117-9-19 . 1
Location of Project: 415 Third St . & Jackson St . , New Suffolk , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Subdivide lot with insufficient width , depth and area
This Notice is issued 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.
An Environmental Assessment (Short) Form-has been
submitted; however, Section 617.13 *of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA (Section 617.13(a) as amended
February 14, 19901 .
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j ) ,
,and 617.2(jj ) ) , this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file fo- record purposes.
me
Page 6 - Minutes
Regular Meeting of February 2, 1994
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4211.
Upon Application of MARY HOLLAND. Variance to the
Zoning Ordinance, Article III-A, Section 100-30A. 3 , appealing
the Notice of Disapproval from the Building Inspector, and
requesting approval of the substandard lot area, width. and depth
for each of two proposed lots in this proposed subdivision
application. Subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 117, Block 9, Lot
19.1, containing a total lot area of 14,300+ sq. ft. Lot 41
is `proposed at 7153+- sq. ft. in area, 101. 41 feet of lot depth
and lot width (frontage) of 70.59 feet along the westerly side
of Third Street. Lot #2 is proposed at 7147+- sq. ft. - in area,
70. 59 feet of lot depth and lot width (frontage) -of 101.25 feet
along the northerly side of Jackson Street, New Suffolk, Town of
Southold. Each lot, as proposed, will contain a preexisting
single-family dwelling and accessory storage building, which
buildings are noted on the Pre-Existing Certificate of Occupancy
No. Z-22830.
WHEREAS, a public hearing was held on February 2, 1994, and
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 application concerning a total lot area of
14,300 sq. ft. situated in the R-40 Low-Density Zone District
along the northerly side of Jackson Street, New Suffolk, Town of
Southold, and more particularly identified on the Suffolk County
Tax Maps as District 1000, Section 117, Block 9, Lot 19.1.
2. The most southerly half of the subject premises is
improved with a one-story, single-family -dwelling which is.
situated approximately 26 feet from the front property line
Page 7 - Minutes
Matter of MARY HOLLAND
Decision Rendered February 2, 1994
along Jackson Street, approximately 18 feet from the proposed
division line to the north, and. 22 feet to the easterly (front)
property line along Third Street. The rear yard is established
as the westerly yard, improved with an existing tool shed
structure approximately one foot from the property line at its
closest point. The dwelling is presently set back 33-1/2+ feet
from the rear (westerly as established) property line.
3. The most northerly half of the subject premises is
shown to be improved with a two-story framse house with
accessory structures established in the westerly rear yard
area. The setbacks of this dwelling structure are shown_ to
be: (a) l0' feet from the front property line along Third
Street;" (b) 20+- feet from the southerly (proposed division)
line; (c) 18+-- feet from the northerly -side property line;
(d) 49-1/2+- feet from the westerly rear property line.
4. By this variance application, appellant is requesting
permission to reestablish separate parcels as existed prior to
January 2, 1970 (when both lots were jointly held by Frank and
Margaret Dawson) , and subsequently held by Frank Dawson between
January 1970 and March ' 1986. In March 1986, the present owner,
Mary Holland, acquired the entire property by deed described at
Liber 10000 page 363. For the record, it is. noted that the
subject premises has been in common ownership and the dwellings
have existed for more than 20 years.
5. The following variances are necessary for the proposed
separation and" set-off as shown on the June 21, 1984 survey,
amended November 15, 1993:
(a) proposed Lot No. 1 (northerly half of the total
lot) is proposed at 7,153 square feet in area, 70.59 €t.. of lot
width & road frontage.) , 101.41 ft. lot depth; <proposed Lot 1) ;
(b} proposed Lot No. 1 (southerly half of the total
lot) is proposed at 7,147 square feet in area; 70. 59 "ft. width.
6. Column ii of the Bulk Schedule., and Article IIIA,
Section 100=31A.3 of the zoning code regulations - (as amended
January 1989) requires a minimum lot area of 40,000 -square feet"
per lot, minimum width of 150 feet, and lot depth of 175 feet-.
7. The percentage of relief sought by this application is
approximately 82 percent, , which is substantial in relation to
the required 40,000 sq. ft. minimum lot size and 52+- percent in
relation to the required. 150 lot width.
8. In considering this application, the Board also finds
and determines:
(a) the area lots in this vicinity are similar, or
smaller, to that proposed by this application;
Page 8 - Appl. No. 4211
Matter of MARY HOLLAND
Decision Rendered February 2, 1994
(b) the practical difficulties claimed are sufficient,
as submitted in the record, -to warrant a grant of this.
variance;
(c) there will be no substantial change in the
character of the neighborhood and a precedent. would not be set
for the following reasons:
{1) immediately to the north and west are
parcels of character and size comparable and similar to the lots.
proposed by this application; the results of the granting of
this application will not have a direct effect or set a
precedent for other- lots on this block.; and
{2) the density of the proposed lots will not be
increased since there' is a single-family dwelling existing,
since prior to 1962;
{3) the Board Members agree that practical
difficulties claimed are due to unique physical conditions
peculiar to and inherent in' the lot as it presently exists, and
the circumstances are not personal to the landowner;-
(d? although the difficulties claimed. were
self-created- over the years, they cannot be obviated by a method
feasible for the appellant to pursue, other than a variance;
(e) the denial of this variance would result in
significant economic injury to the landowner;
(f) the variance will not produce a substantial
change in the character of the neighborhood;.
(g) the variance, as granted., is the minimum relief
necessary; and
(h) in view of the manner in which the difficulties
arose, and in considering all the above factors, the interests.
of justice will be served by granting the variance, as noted
below.
Accordingly, on motion by Member Villa, seconded by
Member Dinizio,' it was
RESOLVED, -to GRANT the relief as requested under Appeal
No: 4211 in the Matter of MARY HOLLAND, as applied.
Vote of the Board: ' Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Southold. Town Board of Appeals -9- February 2, 1994 Regular Meeting
APPEALS BOARD MEMBERS
Gerard P.Goehringer,Chairman
Ser a Do en Jr. v � Town-Hall,53095 Main Road
g Y �`` P.O.Box 1179
James Dinizio,Jr.Robert A.Villa Southold,New York 11971
R1'c��ard C. Wi 1 ton Fax(516)765-1823
"Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 21 , 1994
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 3212 Project Name: Frank B . Zimmer (Zimmer Farm).
County Tax Map No. 1000- 13-2-7 . 8 (part of 7)
Location of Project: North Side of Main Road , Orient
Relief Requested/Jurisdiction Before This Board in this Project: Special Exception to
establish Horse-Riding Academy in conjunction with existing .horse farm (with barns) in
this R-80 Zone District. Parcel consists of 17:544 acres.
This Notice is issued 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:
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should the project be implemented as planned,
and:
{ } this Board wishes' to' assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{ XI this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
. declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
Possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
Plan reviews. The area of jurisdiction by the Bcard of Appeals. is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this latter, we
will assume you have waived same, and-we will be required to proceed as
Lead Agency. )
For further information, please contact the office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
Page 10 - Minutes
T Southold Town Board of Appeals
Regular Meeting of February 2, 1994
ACTION OF THE BOARD OF APPEALS
Appl. No. 4212:
Matter of the Application of FRANK B. ZIMMER. Special
Exception under- ' Article III, Section 100-31B(12) for permission
to establish new Horse-Riding .Aeademy. Location of Property.:
29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13-
2-7.8. The subject premises contains 17 . 54 acres located in the
R-80 Zone District, is presently improved with barns and
utilized as a horse farm.
At a Meeting of the Zoning Board of Appeals held on
February 2, 1994, the following action was taken:
WHEREAS, the Board has carefully considered all testimony
and documentation submitted into the record concerning this
application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question as well. as the
surrounding zoning districts and land-use districts; and
WHEREAS., an Unlisted Action Class and Negative Declaration
determining no adverse effects to the environment under the
N.Y.S. Environmental Quality Review Act (SEQRA) has been
determined by the Board. o€ Appeals. with respect to this project;
and
WHEREAS, the Board made the following Findings of Fact:
1. By this application, applicant seeks a Special
Exception under Article IIIJ, Sections 100-31B(12) of. the Zoning
Code which provides and authorizes by Board -of Appeals approval
a riding stable or academy.
2. Submitted under this application for consideration are
a survey amended June -10, 1986 and a sketch of a survey map
showing the existing stables, paddocks, turnout ring, indoor
arena, outdoor :ring, pasture areas, parking, etc.
3. It is noted for the record that:
Page 11 - Appl. No. 4212
Matter of FRANK ZIMMER (ZIMMER FARM)
Decision Rendered February 2, 1994
(a) the existing use of the premises and buildings,
is presently allowed agriculturally as .a horse farm on 17-1/2
acres with accessory uses incidental to the horse farm such as
riding and training of the horses (without charge or profit) ;
(b) the subject premises. is located in Orient, Town
of Southold along the north side of the Main Road (State Route
.25) and is identified on the County Tax Maps as District 1000,
Section 13 , Block 2, Lot 7.8;
(c) running along the westerly side of the property
is a private right-of-way extending north as access to other
lots.
4. It is the position of this Board that:
(a) the riding stable(s) , or academy, as proposed,
will be in conformity with the Zoning Code as applies to this
R-80 Residential Zone District;
(b) the amount of land applied to this proposed use
is more than adequate and will lend to the efficient and safe
circulation for vehicles and pedestrians as well as
maneuverability of the horses, stable equipment, and vehicles on
the site, 'and appropriately located customer and employee
parking areas which are established by the site plan regulations
through the Planning Board and Building Inspector.
(c) lighting presently does not adversely affect
neighboring areas and will continue to be shielded, except for
necessary security and safety purposes.
6. In considering this application, the Board also finds
and determines: (a) the use as a riding stable or academy for
profit will not alter the essential character of this
agricultural area and is in harmony with and the general
purposes and intent of zoning; (b) that these uses will not be
harmful aesthetically or be substantially adverse to public
health, welfare, safety, convenience, or order of the town;
(c) that the proposed use will not prevent the orderly and
reasonable use of adjacent properties or of properties in
adjacent use districts; (d) the use is in harmony with and
will promote the general purposes and intent of zoning; (e)
that all structures, equipment and material are presently and
will remain readily accessible for fire and police protection.
The Board has also, among other considerations, considered
subsections (A) through (P) of Article XXVI, Section 100-264 of
the Southold Town Zoning Code.
Page 12 - Appl. No. 4212
Matter of FRANK ZIMMER (ZIMMER FARM)
• Decision Rendered February 2, ' 1994
Accordingly, on motion by Member Wilton, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT a Special Exception, for a proposed
Riding Stable and Riding Academy SUBJECT TO THE FOLLOWING
CONDITION:
Lighting at night shall be permitted. for security and
safety purposes and such additional lighting not adverse to
neighboring properties..
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizib, Wilton and Villa. This resolution was' duly adopted.
Southold Town Boar(j -of Appeals -13- Februa r 2, 1994 Regular Meeting
APPEALS BOARD MEMBERS ��' V®�
Gerard P.Goehringer,Chairman
coo
Serge Doyen,Jr. Town Hall,53095 Main Road
`� ` - P.O.Box 1179
James Dinizio,Jr. '�'' ��
Q $ Southold,New York 11971
Robert A.Villa
Richard C. .��i 7 ton Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD .
January 4, 1994
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4210
Project/Applicants: Steven Vesey & Cheryl Schlitt
County Tax Map No. 1000- 37-3-6
Location of Project 2105 Old Orchard Rd. , East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Garage in sideyard and deck in sideyard, as built
This Notice is issued 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.
An Environmental Assessment (Short) Farm has been
submitted; however, Section 617.13 'of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section. 617.13(a) as amended
February 14, 1990) .
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j ) ,
and 617.2(jj ) } , this determination shall have no affect upon any
other agency' s interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.'
Copy placed in ZBA project file for record purposes. .
me
Southold Town Board of Appeals -14- February 2, 1994 Regular Meeting
79
APPEALS BOARD MEMBERS r �%'
Gerard R Goehringer, Chairman
Serge Doyen,Jr. 4 � , `,.. - ., �� Town Hall, 53095 Main Road
James Dinizio,Jr. j �� P.O.Box 1179
Robert A.Villa Southold, New York 11971
Richard C:Wilton .Fax (516) 765-1823
Telephone-(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 20 , 1994
-
TYPE II ACTION DECLARATION
Appeal No. 4213
Project/Applicants: Irwin and Agnes Frick
County Tax Map No. 1000_ 107-7-5
- Location of Project: 1935 West View Dr . , Mattituck , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct addition with a reduction in- the minimum setback
at the southerly side yard
This Notice is issued 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.
An Environmental Assessment (Short) Farm has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the *Erivironmental Conservation Law, this
variance application falls under the
established by law. Further th
,
involved is Departmentlmaylnotabeoanas
agency under SEQRA ,{Section 617.13(a) as
,,February 14, 1990). amended
Although this action is classified as
variance application under SE RA [specifically
II for this
and 617..2 �� Q (specifically 617.13, 616.3(j ) ,
(jj ) )- this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
COPY Placed in ZBA project file for record purposes.
me
Page 15 - Minutes
Southold Town Board of Appeals
Regular Meeting of February 2, 1994
FINDINGS AND DETERMINATION
Appeal No. 4210:
Application for STEPHEN T. VESEY and CHERYL SCHLITT.
Variance to the Zoning Ordinance, Article ILIA, Section
100-30A.3 for the existing location of a deck addition "as
built." A portion of the deck encroaches in the side yard.
The accessory garage structure, which has existed, is also now
partly in a side yard area. Location of Property: 2105 Old
Orchard Road, East Marion, NY; County Tax Map Parcel No.
1000-37-3-6. Subject premises contains a lot area of 8,638+-
sq. ft. and is located in the R-40 Low-Density Residential Zone
District.
WHEREAS, a public hearing was held on February 2, 1994, at
which time those who desired to be heard were heard and their
testimony recorded (no opposition was received) ; 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, the present use and
building(s) , and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question:.
(a) is a parcel of land shown on the Map. of Gardiners
Bay Estates as Lot Nos. 13 and 13A (Combined as.. one) with a
total lot area of 8,638 square feet, and two street frontages of
40.0 feet;
(b) is improved with a single-family, one-story frame
dwelling structure with attachments as more particularly shown
on the survey amended December 23, 1993, prepared by Roderick
VanTuyl, P.C. , which dwelling is shown to be set back six feet
from the northerly property line, 13 feet from the southerly
property line, 34 feet (exclusive of porch and step area) from
the front property line along Old Orchard Lane, and 110+- feet
from the easterly front property line along Sylvan Drive;
ti Page 16 - Appl. No. 4210
Matter of STEPHEN T. VESEY and CHERYL SCHLITT
Decision Rendered February 2, 1994
(c) is also improved with a garage building, built as
an accessory structure in the rear yard with a setback at 1+-
feet from the southerly side property line. The deck area, now
extends "as built" into the side yard, which places a portion of
this accessory building in the side yard as well;
(d) . is improved with a new deck area which is the
subject of this variance which extends "as built" into the side
yard with a setback at 11 feet from the side property line.
The new sideyards are 11 feet and 6 feet, rather than
13 feet and 6 feet, for a reduction of two feet.
2. By this application, appellants have requested approval
for a reduction in the southerly yard setback by two feet, 'for
an 11-foot setback for the new deck area. (instead of the
principal setback of 13 feet) . - The total setbacks, as built
with the new deck, are now 17 feet, rather_- than the 19 feet
previously existing.
3 . The code requirement for a nonconforming parcel in this
R-40 Zone District- is regulated by §,100-244 of the' Zoning Code
as it pertains to less having less than 20,000 sq. ft. enacted
in January 1989 for minimum sideyards at 10 feet -and 15 feet.
4. It is the position of the Board that the amount of
relief 'requeste . is not substantial in relation 'to the
requirement, being a variance of- two feet for the new deck.
No other side yard would be 'reduced, and the garage has not been
moved and will remain in the present location.
5. In considering this application, the Board also finds.:
(a) there is no valid public purpose which outweighs
the applicant's difficulties for a two-foot variance for the
southerly side, and -two-foot variance for the total sideyards;
the size of the deviation, is de minimus;
(b) a substantial change will not be produced in the
character of the neighborhood.;
(c) the difficulty cannot be obviated by some method
feasible for the applicant to pursue other than another variance;
(d) in view of the manner in which the difficulty
arose and the fact that additional land area is not available,
the interest of justice will ,be served by allowing the
three-foot side yard reduction.
Page 17 - Appl. No. 4210
Matter of STEPHEN T. VESEY and CHERYL SCHLITT
Decision Rendered February 2, 1994
(e) the applicant's difficulties are self-created
since the deck was not built exactly to plans issued under the
Bhilding 'Permit <#21755 dated ll./3/93>;
(f) the difficulties claimed are uniquely related to
the layout and general character, shape and size of this parcel
and are not unreasonable
(g) in considering all of the above factors, the
interests of justice will be served by granting the reduction in
the sideyard, as requested.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, to GRANT the requested reduction. of two feet from.
the southerly property line for the deck extension, "as built,."
with a setback at it feet, SUBJECT TO THE FOLLOWING CONDITIONS :
1) There be no adverse lighting - all lighting must be.
shielded to the ground to prevent annoyance or glare onto
neighboring properties.
2) That it remain unroofed , as applied .
Vote of the Board.: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Wilton and Villa. This resolution was duly adopted.
' Page 18 - Minutes
' Board of Appeals Regular Meeting
• Wednesday, February 2, 1994
DISCUSSION: CODE and Prior ZBA Interpretations Concerning
BREEZEWAYS AND ACCESSORY BUILDINGS:
The Board Members were asked to provide the Code. Review
Committee Chairperson (Ruth Oliva} with recommendations for
-consideration by the Code Committee concerning placing a
provision in the Zoning Code as it would pertain to accessory
buildings and breezeways, attached to an existing principal
building. . (See January 1.2, 1994 Minutes for wording of the
draft submitted to Ruth Oliva for changes. in Section 100-13
"Definitions" of the Zoning Code pertaining to decks, patios,
breezeways. ) Members Dini.zio and Villa thought that it should
not be restricted� at an 8' by 10' and did not think there would
be. a problem with converting accessory buildings attached by
breezeways 'to' livable floor area. The Board Members were
informed of problems (which existed in. 1988 and prior to their
positions as Board members) , a few existing at Fishers Island
and one in Orient (Norklun) which came before the ZBA with
trellis and 2 x 4 connections. There are a few which
intentionally circumvented the code with these type of
connections (fences, trellis, etc. ) and the. ZBA was informally
requested in 1988 by the Building Inspector to establish
guidelines to follow —particularly for Pebble Beach lots which
had private covenants prohibiting detached buildings. The ZBA
at that time gave Interpretations in response to the Building.
Inspector' s_ request, and over the years the Interpretation was
not followed strictly. It is now being considered in Code
Review because the Code lacks specifics in this area. and does
not define these types of accessories when located in an area
other than the required yard areas. Breezeway-type garages are
usually located in the side yard and do not 'meet N.Y.S. fire
code construction standards for additional principal living
area. Last month, this Board decided that accessory garages
should be allowed to be located in the side yard (or other yard)
with limitations for A -breezeway-type construction - which may
only be effective if adopted through legislative action (Town'
Board) rather than by informal ZBA Interpretation since it is
not provided in the Code. Supplementing that recommendation,
the following draft was prepared only this afternoon by the ZBA
Secretary for consideration by ZBA' Members which. reads:
"TO: RUTH O. and LAURY DOWD
DATE: February 3, 1994
SUBJECT: Code Discussions - Breezeway, Deck and Similar
Structural Attachment to Principal Buildings
(Sideyard)
<Continued on next page>
' Page 19 - Minutes
Board of Appeals 'Regular Meeting
• Wednesday, February 2, 1994
I. DEFINITIONS §100-13
Presently reads: Accessory Building or Structure - A building or structure
detached from a principal building located on the same lot as and customarily
incidental and subordinate to the principal building.
Add the following as new:
" ACCESSORY BUILDING: A subordinate building located on the
same lot with the main building, occupied by or devoted to an
accessory use. 1 "
" BREEZEWAY: Open construction with a roof projecting from
the outside- wall of a building not to exceed dimensions of 8' by 10 '
connecting the main building and a garage." Other types of
attachments which extend more than 10 feet, or exceed 80 sq. ft. in
area, shall not attach a main building to a separate building unless
such attachment meets the requirements of livable floor area 2
(Continued)
" DECK: Construction attached to a building open to the sky
with floor materials built at an elevation above natural grade.
Decks are required to have building permits before construction."
" PATIO: A flat, leveled structure attached to a building by
steps, or other construction, and having a base floor area at or
below natural grade and open to the sky. A patio structure below or
at grade is not deemed to be a deck or porch and shall not require a
building permit. New step areas to patios, "decks, porches, _
breezeways, etc. will require a building permit. Any other patio or
similar structure constructed above natural grade also requires a
building permit."_
Ii . Requested "Draft" - SUPPLEMENTARY REGULATIONS §100-230
Add new Paragraph "F" to read:
" F. EXCEPTIONS for ACCESSORY BUILDINGS AND STRUCTURES.
Notwithstanding any other provision of this chapter, accessory
buildings and structures in all zoning districts must comply with the
location and minimum setback requirements provided at. Section 100-33 ,
with the following exceptions:
Page 20 - Minutes
Board of Appeals Regular Meeting
' Wednesday, February 2, 1994
(1) an accessory building may be otherwise located when
attached by a breezeway 2 provided it is used only for accessory
storage or garage purposes and meets all setback provisions required
for the main, principal building;
( 2) in the event of a change from an accessory storage or
garage use to livable floor area, the breezeway and garage-storage
area may only be converted by direct access between two rooms and
made an integral part of the existing livable floor area of the
principal building for single-family use.
( 3 ) Other types of additions which connect two buildings
must meet the requirements for livable floor area. 3
( 4) Deck and/or patio additions to a principal building
which do not connect two structures or buildings are permitted if
they meet principal-building setbacks. "
Members Dinizio and Villa at this point read the proposal draft by
Linda, since they were not able to read it prior to starting the
discussions, and agreed that it was acceptable as. written. A motion
was made by Chairman Goehringer, seconded. by Member Dinizio, and duly
carried, to accept the draft memo prepared by Linda and to authorize
the Board Secretary to forward same to the Code Review Committee
Chairperson, pursuant to the request of Code Review Chairperson Ruth
Oliva and Town Attorney Laury Dowd. Vote of the Board: Ayes: All.
There being no other business properly coming before the Board
at this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
P, nda Kowalski, Clerk
Board of Appeals
Chairm n - 2/ 1/94 --
11)11�CEIVED AND FILED B
THE cOUT-1-OLD TOWN CLERK
d%mil' *'►�'''
Town Clerk, Town of Southold