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HomeMy WebLinkAboutZBA-04/06/1994 ��g�FFOL��oG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H ,? 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y� a0� Southold, New York 11971 Robert A. Villa Olt �` Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, APRIL 6, 1994 7:15 p.m. Work Session (Reviews only - No action taken) . 7:30 p.m. Call to Order by Chairman - Regular Session A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 6, 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 James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Laury Dowd, Town Attorney (7-8 p.m.) Linda Kowalski, ZBA Clerk-Secretary I. The following matters were held for PUBLIC HEARINGS. Please also see verbatim transcript prepared under separate cover and filed simultaneously with these Minutes for actual - statements and discussions.) 7:32 p.m. Appl. No. 4221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXIII, Section 100-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1000-105-1-4. Zone District: R-80 Residential. Mrs. Bernadette Burns appeared in behalf of her husband's application. Following testimony, the Board took the following action: Page 2 - Appl. No. 42Z1 Matter of- ARTHUR BURNS, Decision Rendered April 6! .1994 WHEREAS, after due notice, a . public hearing.. was - held. on April 6, 1994, at which time persons=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 . By this application, appellant .requests approval of the placement of a :fence located within and along. the "front_ yard areas at a •total height of nine feet, and encompasses the existing .60. ft. by 120 ft. tennis court. 2. A copy of a map has been submitted with this application which shows the following improvements: (a) preexisting one-story, single-family dwelling. with screened-in porch and wood decks, all situated at. the northerly one-half: of the premises; (b) 60' by 120 ft. tennis court structure inground swimming-. pool structure with brick patio; (c) 9 ft. wide asphalt driveway extending from the southeasterly corner of the premises to a private right-of-way. 3. Article XXIII, Section 100-231 of the Zoning. Code permits fencing to be situated in a front yard area at a height of four feet or less. (Fences along the side and rear - yard areas are Page 3 - Appl.: No. 42z1 Matter of ARTHUR BURNS. Decision Rendered April 6,�.1994 permitted at a height up to 6-1/2 feet. ) Also, it is noted- for -the record that Section 100-33C of the Southold Town Zoning Code, applicable to all residential zone , districts, provides ". . .in the case of a waterfront parcel, accessory buildings :and structures may be located in the front yard, provided that 'such buildings and structures meet the front-yard setback requirements- as.-set forth by this Code. . ." 4. It is the position of the Board- in considering- this application that: (a) the property is uniquely, situated at the westerly end of a private right-of-way (referred to as Private Road :#13), which establishes the front yard area, and .is a waterfront parcel; (b) the circumstances are directly related to the layout of the property and are not personal,to. the landowners; i (c) the. relief requested is not substantial; the tennis court is set back greater • than the requirement for a . principal dwelling - quite distant from the front property line, and the zoning code, does - provide for buildings up to a height of 18 feet from ground. level in the same front yard area; (d) there will not be an undesirable- change in the character of the neighborhood or detriment to nearby properties; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a .fence as a necessity to the tennis court; (f) the difficulty was not self-created; (g) there is no alternative for appellants to. pursue other.than a variance; (h) in considering. all the above factors, the variance will not in turn be adverse to the safety, .health, welfare, comfort, convenience, or order of the town, be adverse - to. neighboring properties, or alter - the essential. character of the neighborhood since there is other (natural) screening at heights above four feet near the area of this fence: ACCORDINGLY, on motion by Member Wilton, seconded. by Chairman Goehringer; it was RESOLVED, to GRANT a variance as to the height of fencing around an existing 60 ft. by 120 ft. tennis court structure as built Page 4 - Appl. No. 4221 Matter. of ARTHUR BURNS Decision Rendered April 6,. 1994. and shown -on the,map-submitted;for consideration; provided that the fence height not. exceed. 10 feet above-ground Vote of the Board: Ayes: Messrs., Doyen, Dinizio, Wilton; Villa and Goehringer... This, resolution was, duly. adopted- OTHER/UPDATES: The, following other matters or committee meetings were updated, 'as noted:' Code Review Meeting (none scheduled as of today) . New applications for Inspections and Updates prior to advertising for May 4, 1994: 1. Applications of Dr. and Mrs. Alex Boukas 2. Application of Claude Sher 3. Application of Eleftherious Pappas and Others 4. Application of Thomas Palmer and Joan Gibbs-Palmer 5. Application of Kim Fallon and Cynthia Sutryk 6. Application of Thomas Puls and Donna Ricco 7. Application of Alex and Marion Wipf 8. Application of Jon C. Kerbs 9. Application of Thomas Kelly (carryover) 10. Application-of Kim Campbell 11. Application of Robert E. Bidwell 12. Application of Robert Pelligrini 13. Application of John Stripp (setback of house) 14. Application of John Stripp (pool location) Page 5 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:35 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1000-7-2-9. Stephen Ham, Esq. and Mr. Stripp appeared in behalf of their application. (See lengthy statements made during hearin.) Following testimony, motion was .made by Chairman Goehringer, seconded by Member Wilton, and duly carried, to recess the hearing, as agreed, until May 4, 1994. There were no objections to this resolution. This resolution was duly adopted. 7:40 p.m. Appl. No. 4220 - JOHN E. STRIPP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimmingpool with enclosure in a front yard location; ref. Article III, Section 100-32 of the Zoning Code. Location of Property: Private Road off East End Road, Fishers Island, NY; County Parcel ID 1000-7-2-9. Stephen Ham, Esq. and Mr. Stripp appeared in behalf of their application. (See lengthy statements made during hearin.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Wilton, and duly carried, to recess the hearing, as agreed, until May 4, 1994. There were no objections to this resolution. This resolution was duly adopted. 8:00 p.m. Appl. No. 4222 - CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section 111; 910 Maple Lane, Greenport; NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and is located in the R-40 Residential Zone District. Linda Bertani appeared in behalf of this application. Following testimony and questions, the following action was taken: Page 6 - - Appl. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6, 1994 ACTION OF THE BOARD Appl. No. 4222: Upon Application- of CINDY BENEDETTO. This is a .request for a variance -based. upon the Building- Inspector's -March 4; 1994 Notice. of Disapproval: concerning., a building, permit. application for an addition at the rear.. of existing dwelling. which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B., of the Zoning, Codes. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple-Lane, Creenport, NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and-, is located in- the R-40: Residential.- Zone District'. WHEREAS, a .public hearing: was held.on April 6,. 1994, at: which time. all persons - who desired, to be , heard were- heard and their testimony recorded; WHEREAS, the - Board has. carefully considered all.-testimony -and documentation submitted_concerning--this-applicatiorit 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 . By this application, appellants seek a variance under Article XXI 11, Section 100-239.413 of the Zoning Code •for. a .proposed 16' x 22' addition-, all, of which is. requested to be set back 4& feet, at its closest point, to. the existing. bulkhead:. (Also shown- on the survey is a .concrete patio at. grade, which has not been disapproved by the Building Inspector for ZBA consideration in. this variance application since certain types - of concrete . or brick. patios at natural: grade,normally do- not require -building-permits. ) 2. The premises- in question is identified on the , Suffolk County Tax Maps -as.-District- 1000, Section 35, Block 5,. Lot 61 and is known and referred to.. as. Lot 60 . on the . "Map of. Cleaves, Point, Section' I II." This parcel is substandard in size containing a .total lot area of 12,080 sq. ft. and frontage along Maple Lane of 100.0 feet. Page 7 - Appl. No. 42.22 Matter of CINDY BENEDETTO Decision. Rendered April 6, 1994 3. This parcel:. is presently improved with. an one-story frame dwelling built in 1976 • under. Permit No. 8337Z . and : is more particularly - shown on the ,survey dated. May 7, 1992 with setbacks at: (a) 35 feet from the front property line; (b) side, yards - of, 13.6 - feet and... 10+..- feet, (c) rear yard - at. greater. than, 64 feet between the foundation andAhe -bulkhead:. 4: During. March 1985, the Town of Southold- enacted "Local- Law #4-1985" pertaining. to- building setbacks from- water: bodies, and on May 17, 1988, enacted Local law #1.5-1988,. pertaining: to, setbacks from-bulkheads (prey. Section.._ 100-119.213). 5. Article XXIII, Section 100-239.4B, as re-numbered on Janu- ary 10, 1989, provides that all. buildings and- structures- located on lots upon which a - bulkhead, concrete wall; rip-rap or similar structure - exists and . which is adjacent to. tida[t water:- bodies other than the Long Island Sound be set. back not less than seventy-five (75) feet. 6. It is the position of the Board that the amount of relief requested_ for the proposed. 16 ft. set-back reduction, from the bulkhead:..is approximately 25 percent, although- when considering the proposed setback in relation to.. the 75-ft. requirement, the relief is substantial: 7. In viewing., the history of permits and-existing:. buildings in neighborhood, the following information- was-found (preexisting of the subject code -provision unless otherwise -noted- below): a) Lot #38.1 - setback 59+- feet from the closest- bulkhead-; b) Lot. #34. - 50+- ft. to outside edgeof bulkhead; c) Lot #33 - 60+- ft. to. bulkhead/Dawn lagoon d) Lot #28 - 50 ft. to. bulkhead (variance obtained- in 1986) e) Lot 420 - 50+- ft. to bulkhead f) Lot #17 - 42 ft. to bulkhead (1977) g) Lot #16 = - 40- ft. to swimming- pool; 30.ft. to deck: h) Lots #27 and #37 are -also under: consideration this evening for similar-relief:: 8.. It is also the position of. this Board that in considering this application: Page 8 - Appl. No. 4222 Matter of -CINDY BENEDETTO Decision- Rendered April 6, 1994 (a) due, to the - substandard- size -of the-, property and considering- the established setbacks in this waterfront community, the relief granted, with restrictions;- is the : minimum- necessary to afford• relief; and-, there is no other alternative,.- availablen•_ for appellants.. to .pur.sue.>other^ than. a .variance:; (b) the relief; as. alternatively granted; is similar to. those gener--ally-existing in the -neighborhood, as. noted in para- graph 7, supra;. (c) the difficulties- claimed are ..uniquely •related to the property and are not personal-. in nature to. the landowners; (d) the relief-, as: alternatively- granted and noted below; would- not in turn be adverse to. the safety.-, health, welfare, comfort-, convenience or order. of the. town and. neighbor..ing=properties; (e) in view.. of all the : above;-, the• interests -of. justice will be served, by denying: the relief as,: requeste& and-. granting relief, noted further--below: Accordingly, on motion by Chairman- Goehringer:, seconded. by, Member Dinizio, it °was RESOLVED, to. GRANT a .variance.Jor a .proposed 16 ft-. by 22 ft. addition--at- a set-back- of: not less than-48 feet-froml the -bulkhead (which should-- be,- inclusive -of- -an,y raised.. deck,.or. step: areas), and provided_ further-- that the -proposed patio/terrace --areas be open--and unroofed, and. level, with. the ground; as proposed. Vote of the Board:. Ayes: Messrs. Goehringer; Doyen, Dinizio,. Wilton and-Villa<. This resolution was.-duly adopted. Page ;9 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:05 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from all property lines, ref: Article XIX,. Section 100-91(c), Article XVIII, Section 100-81-C(2a) of the Zoning Code. Zone District: Hamlet Business. Mrs.' Gasser spoke in behalf of her husband's application. Opposing and speaking in behalf' of the northerly adjacent property owners (Ammaratti's) was Carmella Borelli, Esq. After numerous statements, further testimony, and questions, motion was made by Chairman Goehringer, seconded by Member Wilton, to close the hearing, pending receipt of clarification by Building Inspector Gary Fish concerning the issues raised for other possible noncompliance at the site. This resolution was duly adopted, with the understanding that Members Dinizio and Villa opposed the closing of the hearing until "the issuance of other alleged noncompliance was resolved by the Building Inspector or otherwise acted upon. 8:30 p.m. Appl. No. 4223 - DONALD BREHM. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property:, 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section III,; 1010 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-27. The subject premises is substandard and is located in the R-40 Zone District. Linda Bertani appeared in behalf of the applicant. After receiving testimony, the hearing was closed, pending deliberations at a later time. 8:40 p.m. Appl. No. 4226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's March 10, 1994 Notice of Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article XIII, Section 100-239.4B of the Zoning Code. Location of Property: 1050 West Cove Road, at Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-1 containing 1.54 acres. Nancy Steelman appeared in behalf of the applicants. After receiving testimony and asking questions, the board recessed the hearing until May 4, 1994, pending a response from the owners as to whether or not they would accept alternative relief to locate the proposed building further away from the bulkhead. The hearing was recessed, as agreed. Page 10- Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:46 p.m. Appl. No. 4224 - THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 1994 Notice of Disapproval concerning a building permit application to. alter an existing garage with attached guest unit, which will include an expansion of the guest unit by more than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article III, Section 100-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's March 141 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXIII, Section 100-239.4E of. the Zoning Code. Following testimony and asking questions, Board Members requested that the proposed pool be staked for a second inspection tentatively for Satur. .day, April 16, 1994 at 10:00 a.m. On motion by Chairman Goehringer, seconded by Member Dinizio, the hearing was declared closed, and decision reserved until a later date. 9:05 p.m. Appl. No. 4225 - RICHARD AND DOLORES PRINCIPI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L.I. Sound bluff; ref. Article XXIII, Section 100-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1000-74-1-35.52. Mrs. Princip;ij appeared in behalf of her application. Following testimony, the hearing was declared closed, pending deliberations at a later time .. (see Meeting of May 4 , 1994) . A four-minute recess was taken at this time. The meeting reconvened at 9:20 p.m. and public hearings continued. Page 11 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 9:20 p.m. Appl. No. 4228 - VICTOR and GAIL RERISI, as contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which will be within 75 feet of the bulkhead near Gull Pond; ref. Article XXIII, Section 100-239.411 of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Map of Section Two at Cleaves Point, filed Map No. 3521; also known as 800 Snug Harbor Road, Greenport/East Marion, NY; County Parcel ID ,1000-35-5-37. Extensive testimony and questions were given; and at the end of the hearing, the following action was taken: WHEREAS; a public hearing- was held on April 6, 1994, at which time all persons who desired to . be heard were heard and . their testimony recorded; 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 WHEREAS, the Board made the following.findings of fact: 1. By this application; appellants seek. a .variance under Article XXIII, Section 100-239.4B• of. the Zoning Code for the location of a proposed new dwelling, the most northerly portion of which will be located at less than the required 75 feet from the closest bulkhead. The proposed dwelling includes a proposed deck extension to be set back 35 feet from the nearest bulkhead (in the cove of this lot). The foundation: of the proposed dwelling is requested .at. 53 feet from the closest bulkhead, and 115+- feet from the furthest bulkhead- - along the highwater mark of Gull Pond, all as. more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. amended March 14, 1994 for the applicants. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 37, and is known r' Page 12 - Appl. No. 4228 Matter of VICTOR AND GAIL RERISI Decision Rendered- April 6, 1994 and referred - to as- Lot No. 34. and part of 33 .on the -Map of Cleaves Point, Section Two." This parcel is substandard- in size containing a total lot area of 26,500+- sq. ft. and: frontage along- the southwesterly side of Snug. Harbor -Road of 150.0 feet. 3. This parcel is presently, vacant". It is noted, .however", that a . Building. Permit was issued- April 14, 1969 "under No. 4243Z to Carl Schaefer for a storage building and/or boathouse. (There is no record of a Certificate of Occupancy, although it was built and assessed for $200 during ,May 1978, upon information furnished from the Southold Town Assessors'• Office. ) 4. For record purposes; it is also noted that in March 1985, the Town of Southold enacted "Local Law, #4-1985" pertaining: to building setbacks from water bodies, and on , May 17, 1988, the Town Board enacted Local Law #15-1988 pertaining to setbacks from bulkheads (prev. Section 10071119.213). 5. Article XXI11, Section 100-239.4& (as -re-numbered, on January 16, 1989 under the Master. Plan revisions): continues, to require that all buildings and structures _ located. on lots upon . which a bulkhead., 'concrete wall, rip-rap or-similar structure exists and,which are adjacent to tidal water bodies other than the. Long Island- Sound, to be set back not less .than seventy-five (75) feet. 6. In viewing. the history of permits and. existing. buildings, in this waterfront community, the. following, information was found (preexisting of the - subject code provision unless otherwise- noted below): i ' a) Lot #38.1 - setback 59+- feet from the closest bulkhead; b) Lot 434 - 50+- ft. to outside.edge,of bulkhead; c) Lot #33 - 60+- ft. to bulkhead/Dawn" lagoon i �- d) Lot #28 - 50 ft. to bulkhead (variance obtained in- 1986) e) Lot #26 - 64 ft. to house now; 50+- ft. to deck f) , Lot #20 - 50+- ft. to bulkhead .9) Lot. #17 - 42 ft. to bulkhead (1977) h) Lot #16 - 40 ft. to swimming.pool; 30 ft. to deck. Page 13 - Appl. No. 4228 Matter of VICTOR AND GAIL RERISI Decision Rendered April 6, 1994 i) Lots #26. and #27 are also under consideration this evening for similar. relief. 8. The Board - of Southold Town Trustees has also issued a Wetland- Permit -No. 4300. to the applicant(s) herein; with conditions; dated March 25,, 1994. 9. It is the position of this Board that in considering this application: (a) the relief requested for a setback at 35 feet is not the minimum, necessary to afford relief, and there is an alternative available; ,as noted further; to increase the : setback for the deck and/or relocate. the building-.envelope; (b) the relief, as alternatively granted, is similar to those generally existing in the 'neighborhood, as noted above; (c) the difficulties claimed are uniquely related to the property and are personal in nature to the landowners; (d) the • relief, as alternatively granted- and noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring. properties; (e) in view of all the above, the interests of justice will be served by denying. the -relief as. requested and. granting. alternative relief, noted below. Accordingly, on motion by Member Villa, seconded by Member,-Dinizio, it was RESOLVED, to DENY the relief, as requested, and to GRANT ALTERNATIVE RELIEF for a setback at: not- less than�44 feet from the closest point between the proposed deck at -the northerly end of the proposed dwelling and the closest bulkhead. (within this lot's alcove), provided that the distance from the bulkhead along the ordinary and highwater mark - of Gull Pond be greater than 85 feet at, its closest point. (Note: These setbacks shall include all. step areas. ) Vote `of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. Page 14- Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 9:43 p.m. Appl. No. 4229 - FRANK R. ZALESKI. This is a request for ZBA review and determination ,confirming and recognizing this vacant lot as exists with nonconforming lot area, width and depth; ref. : Article XXIV, Section 100-244 of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID 1000-115-13-15. Zone District: R-40 Residential. (A written transcript of the statements made during the hearing has been prepared under separate cover, and is attached for reference and convenience purposes.) After testimony was received, the following action was taken: WHEREAS, a public hearing was held on April 6, 1994, at which .. time - 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 . By this application, applicant. seeks a determination under the Zoning Code that the subject premises complies with, the lot area and width regulations of the - zoning code applicable--to the R-40 Low-Density Residential. Zone District for single.-family residential use. 2. The premises- in question is identified on the Suffolk County Tax Maps as; No. '1000-115-13-15 and is located along, the westerly side of. Theresa -Drive, Hamlet, of Mattituck. 3. It is noted-for the-record that: (a) the subject land, and the adjacent lands, have had several conveyances since 1943, as. shown on the single-and-separate search dated December. 7, 1993, submitted with this application; Page 15 - Appl. No. 4229 Matter of-FRANK- R: ZALESKI Decision Rendered April 6, 1994 (b) the lands contiguous - and immediately adjacent- to, the subject lot are shown on the Suffolk County Tax. Map. as-Lots 10,. 14 and :16: 4. A survey- prepared for Frank, R-. Zaleski- May 2,. 1985 by Roderick VanTuyl; P.C. has.-been submitted under th.is application., which depicts 100- ft-. (lot width) frontage,-along-Theresa Drive, lot depth along . the . northerly -side property line . of:.. 183..10 .feet, and total lot: area of: 20,'020 sq.. ft. 5. For record purposes.- the- following. additional, information is furnished:. (a) during January 1965, the zoning requirement was a minimum:- lot area of. 12,500, sq. ft.; this parcel.-existed. as- Lot. No. 11 as- shown on a . certain, map- entitled, "Map of Deep. Hole- Creek Estates' - as. Map No. 4256, and conformed. to_ the zoning requirements; (b) during 1971, the Southold, Town Zoning. requirement- was changed from. 12,500 sq. ft. to, a minimum of 40-,000 sq_ ft.; this lot was.-found to- remain single-and= separate during this time period; with a substandard - lot area= of. 20,020 sq.. ft., lot width at, 100 feet. (c) during• 1983, the Southold: Town - Zoning: requirement- was changed:..from. 40,000, sq., ft. to. a .minimum, of 8Q,000 sq... ft. in area, 175 ft. lot width, and . 250 lot depth; this. lot remained: single and-separate as,-a .nonconforming. substandard.-•vacant- lot. (d) on. January 10, 1989, a new Master Plan- was -adopted, and the zoning . for this property was -changed. to_. R-40. Low-Density Residential- with a .Jot size requirement •of 40,00.0- in area, 150.0 -ft. in width, and-: 175.0 . ft. in depth; . excepting those.:-lots held . in separate ownership:. This lot: was in January 1989 in single-and-separate-.-ownership: However, in March 1990 Frank- R. Zaleski.. became the ,surviving, tenant by the,entir-.ety. -when his:wife, co-owner of County Parcel No. 10,, died while---he .remained- the-owner of Lot. 15. on January 22, 1993, a .one-half. inter..est of. Lot. No. 10 was. conveyed by the applicant as, surviving:-tenant- to: Johanna Mary Zaleski. 6. For the :above-reasons, it is determined- and-found -that the owners have - adequately. proven their intent to._ keep the lots in single and . separate -ownership, and its existence -under-- zoning is confirmed. and.:recognized. as,.a single.and.separate lot. Page 16 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals (Zaleski decision, continued:) Accordingly, on motion by Member .Wilton, seconded by Member Dinizio, it was RESOLVED, that the subject parcel, identified on the Suffolk County Tax Maps as No. 1000-115-13-15, presently owned by Frank R. Zaleski, be and hereby is CONFIRMED and RECOGNIZED as a single-and-separate lot, provided that at the time of an application for a building permit to construct, or other activity, all setback, zoning (with the exception of lot area, width and depth), health department, and other department/agency permits are obtained in accordance with the rules and requirements pertaining to that project or activity). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS: The following matters were noted as being Type II Actions under SEQRA which do not require further processing or coordination reviews: Appeal No. 4223 - Donald Brehm Appeal No. 4112 - Arthur Burns Appeal No. 4222 - Cindy Benedetto Appeal No. 4227 - William Gasser Appeal No. 4224 - Thomas and Roby Gluckman Appeal No. 4226 - Thomas and Joan Kelly Appeal No. 4225 - Richard and Dolores Principi Appeal No. 4228 - Victor and Gail Rerisi Appeal No. 4229 - Frank R. Zaleski Appeal no. 4220 - John and Judith Stripp Page 17 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals UPDATE/RENEWAL INQUIRY: Appeal No. 4063. Board Member(s) inquired as to whether or not a request was received by the applicant-owner, PETER PIZZARELLI pertaining to submission of an annual renewal letter and confirming the status of the use of the existing accessory building (occupied by his mother who is 90+ years old.) It was noted that a reminder should be sent to Mr. Pizzarelli to send his yearly renewal request. The Board Secretary said she sent a reminder to Mr. Pizzarelli upon receiving a verbal inquiry from Lydia Totora and that his letter was expected in a day or two. FEES: FOR LOT MERGER REVIEWS (Merger Analysis) OR LOT-LINE CHANGES WHEN LOTS ARE LEGALLY AND DISTINCTLY SEPARATE: The Board Secretary mentioned that the present fees for variances pertaining to lots which are undersized and may require a ZBA determination as to whether or not they are acceptable is presently $400.00 when using the fee schedule in the Code. The Board Members determined that $400.00 is appropriate for reviews referred by the Building Inspector in the form of a Notice of Disapproval; however, the fee would be permitted to be .reduced to $150.00 when a title-insurance company search is furnished by the owner or his agent for the subject lot and all contiguous lots dating back to 1957 is provided showing the ownership and periods of time. It was also noted that the analysis was just that - a review - and not a subdivision or re-separation of merged lots. If the lots were found to be merged, and not single and separate, then an additional ZBA application would be required established at $600.00 for two lots having insufficient lot area and/or width, in addition to the merger analysis action, if the owners chose to pursue the project further. HEARINGS FOR NEXT MEETING: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to set the following matters for public hearings to be held at the Board's next Regular Meeting on WEDNESDAY, MAY 4, 1994, and BE IT FURTHER RESOLVED, that Linda Kowalski be and hereby is authorized to prepare and publish Notice of the following hearings at least five days prior to the date of the hearing as required by law: 1. 7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 7, Page 18 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft. height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14.. •3. 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article III, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 5. 7:45 p.m. Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994) . This is a request for a variance under Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Page 19 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article III, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article IIIA, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - T HOMAS KELLY. (Carryover from last hearings calendar). 11. 8:10 p.m. Appl. No. 4203 - KIM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map Parcel No. 1000-4-4-16. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-31B(13) for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Tax Maps as 1000-96-4-4.3 containing. 15.4+- acres. 13. 8:25. p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1000-7-2-9. Page 2 0 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. UPDATE: Appeal No. 4195 - PETROL STATIONS LTD. (Pending Application for insufficient area of proposed Lot #4 and one parcel proposed with three, or two, uses - as determined by the owner and the Building Inspector). A letter dated March 3, 1994 was recently received. from J. Kevin McLaughlin, attorney for Petrol Station, Ltd. which read as follows: . . .Dear Mr. Goehringer: Please be advised that the applicant and the next-door neighbor are still in the process of finalizing a plan acceptable to all, so that same can be submitted to the Southold Town Building Department for review and issu- ance of all necessary Notices of Disapproval. We would then be in a position to seek all necessary relief from your Board and to consolidate same with the pending application. Please hold the pending application in abeyance until all requests for relief can be consolidated. If you have any questions in this regard, please feel free to contact me. Very truly yours, J. Kevin McLaughlin cc: Petrol Stations, Ltd. Richard F. Lark, Esq. . . . The application was placed in abeyance pending further notification by the property owner as to his.intentions with the subdivision project. UPDATE: Appl. of BIDWELL VINEYARDS for a Special Exception for a new Winery Use (as exists with modifications). The Board Secretary brought the Board Members up-to-date and confirmed that inquiries have been made as to whether or not the pavilion building is an accessory structure, or is it a part of the principal use being established in two separate principal-use buildings. Mr. Bayley, agent for Bidwell Vineyards, confirmed that the r Page 21 - Minutes Regular Meeting of April 6, 1994 Southold Town Board of Appeals pavilion building is to sell wine and furnish wine-tasting events. The remaining building, which exists, would process grapes into wine. Both could be considered principal uses under the Special Exception by the ZBA. The Board agreed to address the issue after the hearing is held on May 4, 1994, and when it is time to deliberate rather than committing to a response at this time. PART-TIME CLERK-TYPIST: Councilperson Alice Hussie asked the Chairman to participate 'in the Interviews of Applicants for the Part-Time Position (which created a vacancy by Jane Ritter on or about January 7, 1994). The date for interviews was set by the Town Board to be April 12, 1994 at approximately 3:45 p.m. COORDINATION by other Departments: Copies of the following coordination letters were furnished to the Board Members: Town Board - coordinating SEQRA on proposed Local Law in Relation to Formula Restaurants dated March 24, 1994. (No suggestions or comments were made at the meeting in this regard.) Planning Board - response to ZBA coordination request Re: Bidwell Vineyards (winery proposal). No comments were made relative to site plan elements, however it was noted that the Planning Board confirmed they would proceed once the Special Exception action was taken and certification by the Building Inspector accomplished in meeting all zoning requirements. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 11:30 p.m. Respectfully submitted, Z_er�_,_ Linda o� `f IVED ND FILED BY �' THIS SOUTHOLD TOV114 CLUK Approved - Gerard P. Goehringe Chairman f DATE HOUR Town Clerk, wn o-` Q utl; Id