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HomeMy WebLinkAboutZBA-06/24/1994 SPEC ti O��S�FFOL�COG APPEALS BOARD MEMBERS yl Southold Town Hall Gerard P. Goehringer, Chairman y ,? 53095 Main Road Serge Doyen, Jr. 0 P.O. Box 1179 James Dinizio, Jr. y O� Southold, New York 11971 Robert A. Villa lt �`� Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S SPECIAL MEETING FRIDAY, JUNE 24, 1994 7:30 p.m. Work Session - File Reviews - No action was taken. 7:45 p.m. Special Meeting - Call to Order by Chairman A Special Meeting was held by the , Southold Town Board of Appeals on FRIDAY, JUNE 24, 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 Richard C Wilton, Member Linda Kowalski, ZBA Clerk and Secretary Absent were: Serge J. Doyen and Robert A. Villa, Members. I. REVIEWS/UPDATES/RESOLUTIONS: The Board Members reviewed the following new applications and scheduled same for on-site inspections: 1. Appl. No. 4242 - CHARLOTTE SAGE JURGESON AND ORS. The Chairman indicated that the Board is requesting that the applicant prepare a Long Environmental Assessment Form and additional information to clarify the extent of the project proposed. Subject premises as been designated as a Critical Environmental Area and is a mandated Type I Action. 2. Appl. No. 4250 filed 6/2/94 - HELEN and WILLIAM CHILDS. Application to locate Accessory Garage with insufficient Front Yard Setback from Peconic Bay Blvd. Calendar for public hearing to be held at next Regular Meeting (July 14th). Page 2 - Minutes Special Meeting of June 24, 1994 Southold Town Board of Appeals 3. Appl. No. 4251 filed 6/8/94 - MARILYN J. MORSCH. Variance for approval of existing deck with reduced sideyards at 630 North Sea Drive, Southold. (Inspection will be needed to confirm nature of construction as exists (for legal notice). 4. Appl. No. 4252 filed 6/17/94 - M/M DENNIS BANNON. Request for deck addition/insuff. rearyard setback. Property fronts alongs three streets at 855 Mary's Road, Mattituck. 140-2-1 . 5. Appl. No. 4253 - M/M JOHN WISSEMANN. . Corner lot along 580 S/s Clear View Road (and private ROW) at Bayview, Southold. 90-4-11.1 Map of Cedar Beach Park Lot Nos. 47 & 49 (combined). Request for accessory garage in front yard with reduced front yard setback to the location of existing buildings. Property is 43,500+- sq. ft. in area including wetlands. II. SETTING OF PUBLIC HEARINGS.. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to schedule the following applications for public hearings to be held on July 14, 1994: -1. Appl. No. 4250 filed 6/2/94 - HELEN and WILLIAM CHILDS. Application to locate Accessory Garage with insufficient Front Yard Setback from Peconic Bay Blvd. 2. Appl. No. 4251 .filed 6/8/94 - MARILYN J. MORSCH. Variance for approval of existing deck with reduced sideyards at 630 North Sea Drive, Southold. 3. Appl. No. 4252 filed 6./17/94 - M/M DENNIS BANNON. Request for deck addition/insuff. rearyard setback. Property fronts alongs three streets at 855 Mary's Road, Mattituck. 140-2-1 4. Appl. No. 4253 - M/M JOHN WISSEMANN. Corner lot along 580 S/s Clear View Road (and private ROW) at Bayview, Southold. 90-4-11.1 Map of Cedar Beach Park Lot Nos. 47 & 49 (combined). Accessory garage in front yard with reduced front yard setback to the location of existing. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Wilton. Absent were: Members Doyen" and Villa. This resolution was duly adopted. Page 3 - Minutes Special Meeting of June 24, 1994 Southold Town Board of Appeals III. CARRYOVERS, DELIBERATIONS/DECISIONS (from June 8, 1994 and June 13, 1994 Meetings): A. Appl. No. 4244SE - DEPOT ENTERPRISES, IN.C. This is a request for a Special Exception, as amended, to include approval for the ,location and use of a proposed addition to the existing principal building located at 320 *Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. (Board Action continued on next page). Page 4 - Minutes Special Meeting of June 24, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4244SE. Application of.- DEPOT ENTERPRISES, INC. This -is -a .request:for. a Special. Exception, as. amended; to.- include. approval-..for. the.. location- and use of a :proposed! addition to the -existing- principal :building-: located at 320 Depot Lane; Cutchog.ue New- York. The•. proposed addition_: is :-an expansion of the existing• recreationalt membership -club.: and. is located in the Residential-Office • (RO) Zone District-. Property- I D No. 1000-102=2-12.1 . WHEREAS, a pub[ic..hearing, was held.:on -June..8,. 1994, at which time persons . who. desired. to. be heard were- heard- and:- their:- testimony recorded; and WHEREAS; the . Board has> carefully considered alV 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 .Boar&-made.the following..findings- of.fact: 1 . By this - application; applicant- requests a .:Special: Exceptioa-:-for a proposed. 30 . ft. by 60r- ft. addition for use...•as.•a "Weight .roomu -for exercise.- and. health club;- activities, related: to..: the- existing,,. health and recreation club, all--as shown on:the:Juneo6,; 1994 site plan::map prepared. by Anthony W:- Lewandowski, Land Surveyor The setbacks. of: the proposed: addition are shown-- to. be, 92.. feet .from:.. the westerly front . property line:..and:86+- -feet -to:the •northerly- property-Aine•a- The.-number- of­parking.spaces is shown proposed- at..4&.' There,are am.existing,.buffer between the northwesterly- parking: area--and: Depot Lane•.of. approximately 12-1/2 feet • in depth and• buffer- area---north - of the• parking: area—at at approximately- ten- (10) feet - in- depth. The•=•-playgrou.nd>--area=.-is to. be. removed.: The.frontage-of. the:.: subject property along..the,Maim;-Road::,.is 149.39. in :length; and.:.along,Depot.Lane-1 73.13 feet. 2. The premises at..which.the.:subjerat addition is proposed=is.,known as:. 320 Depot-Lane-,land..29325 Main,.: Road).,' Cutchogue - ,NY.: contain.s=Ya total.- area -of: •1.63+- acres,. and, is•located-: in-the•,-Residential-Office:-Zone. District. The recreational-building:..is and .:has been- used..:.for.... health-club Pa�g& 5 Appear No. 4244 Decision Rendered June .24, 1994 Matter of DEPOT ENTERPRISES; INC. business and -office use:, since its inception in 1985,. when the property was..zoned-. B-Light -Business-.- (Prior. to•receiuing;a Special;Exception 1 1985 the building:was used as:-a dwelling,and-.offices. ) 3. At this time, the ••main building: is under.:. review for a finaF Certificate ,of Occupancy pertaining. to. a portion of.: the., areas: converted' in 1985 . from office --and/or - residential-to its present-•use,.-and-- pertaining to. the-restricted, use..of-.-the;second.floor. Simultaneously pending... with this application---is ary amended- site.-plan,review: before the.,Town Ptanning Board pertaining : to the--new,. addition. (Note: A site plan map -dated 4-6-84 was. approved- previously- and.:. signed:. by the- Chairman': of- the Planning Board on 7-19-85; also. a .temporary Certificate of Occupancy was. issued by the Building. Inspector...on.-- November 6, 1987 for the recreation. center- under No: Z16374, with a notation that the.-second•floor be non-habitable..) 4. Additional.l-y; (a). this Board! finds that- the-:-request for., any addition: to. the recreation- center. by. Speciak. Exception is,;.not. improper - based, .upon- the prior. Special-; Exception--jurisdiction: in< 1985 and Section• 100-261 of the current -zoning: code .Jas.-confirmed. by the Building.: inspector in .his April 21, 1994 letter-}; and (b)- the - master:- plan• revisions-,adopted. on-- January 10; 1989 changed the - zoning of, the-subject premises from "B-Light: Business"-.--to. "Residential-Office-•. (RO)," - which in effect. removed- retail- and, other commercial.,-uses for establishments created- after- January 10,. 1989.; (c) the legislative,,-body oU the-Town• should: enact a new- zone district or zone:,category which would, would.- allow, business.-properties: of. this nature -as, •a -recreation. center-t (this.-type, of: use: was ,not included. in the new. zone, district designations;:. such as. HBO. RO, LB; B, when revised under the. 1989-Master-Plan.,and�Zoning: Code-). (d) there -has, no,.substantiakichange•:in,the.-dimensions�•of: the,-property-:or. size of. the. buildings--since:immed-atel:y;- prior- to. .January 1989 or. . thereafter: which: might. affect the- circumstances.-.of:. the• revised master plan:;- or-this application,; (e) the surrounding..area -consists -of:the•following: (1) to the :north, residences:;: (2) to..the -west,. Depot Lane;and::.opposite Depot Lane:=to-the.-west- and, southwest,, a gaso4ineetstation:-.with.auto repair services and a . dwelling-;- , each- located.. in.- the- Hamlet-. Business—,Zone District,. (3) to the­north•of -the:-•Hamlet-Business: Zone-;.•District- is •the Cutchogue--West .School •which is :improved-with: the.-school!s -main-�buil:ding outside-.playgrounds. and,outsidG.,-reereation*.areas; (4) to.:�the-southl is the ;Main:-.-State:,Highway.- and:,property, zoned: R-�40 Low-Density, •Residential- Zone�District. Pa,qe 6 - Appeal.--No,. 4244 Decision Rendered June•24, 1994 Matter•of DEPOT ENTERPRISES, INC: 5. In considering- this application, the • Board also. finds and determines-: A. That -the use will not prevent the .orderly and- reasonable use of adjacent properties.. or. of. properties in adjacent use districts; B. That -the use.. will not prevent the•orderly and• reasonable use of. permitted or. legally established uses in, the district wherein the proposed use-is to be- located= or of permitted, or�legally: established uses in adjacent use..districts; C. That the! safety; health, welfare,- comfort, convenience or order of.-the town will not be adversely affected by:-the.,proposed use:and its location; D. That -the use - will be in harmony with and:.promote--the general- purposes and -intent of-this chapter (see notations;: infra)-;. E. That -the use.:-will, be compatible,with- its surroundings and with the .:character- of the neighborhood and:.of then•community. in .general., particularly, with regard to visibility, scale,•.and:overall..appearance; F. That:-the. building: in which the proposed use. is ..hereby author-i�zedl must- be--readily-accessible.,for.•f ire-and--police praotection: G. The Board-.has..-also. considered subsections rA -through -P of Article -Xll, Section•100.-264• of the•Zoning-Code. Accordingly, on motion.,by Member Wilton; seconded by Chairmarr-Goehringer it was RESOLVED, that- permission. is -hereby-GRANTED..for a pr.-oposed 30 ft. by: 60•• ft. addition• to the.: existing. health- -club/redr-eation center building:, as•app.Eied; and.-SUBJECT TO THE°FOLLOWING- CONDITIONS: 1. This :approval : is subject to. the owner`: obtain.i.ng:! alh: written approvals:.. from the: Southold; Town Planning. Board; Suffolk County Department of Health Services; Southold: Town Building.. Department;- and any other agency having.jurisdiction: thereunder before occupancy.. 2. Outdoor lighting- must - be. shielded to the-ground: and. not be adverse,to neighboring:areas:. .3. Prior• actions and., conditions-of this-••Board-, shall! remain,--in- full force and•effect. 4. This .action• -shalf. expire - two years from ..the,.,. date-..of, receiving all agency approvals: having; jurisdiction for the- proposed;proposed; addition, Page 7- Appeal No. 4244 Decision Rendered June.24, 1994 Matter of DEPOT ENTERPRISES; INC. except when. a building, permit--of: the Town- of-: Southold: for the :addition is in effect and,construction activities commenced pursuant to said::permit. Vote of the Board: Ayes: Messrs. Coehringer, Doyen, and :Dinizio.. (Absent were .• Members Villa. and; Doyen-: ) This resolution was° duly adopted:: Page 8 - Minutes ,'-, Special Meeting of June 24, 1994 Southold Town Board of Appeals Appl. No. 4098 and No. 4248. Upon Applications of TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot' area in this R-40 Zone District. Appl. No. 4098 - This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl. No. 4248 - This is.a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. WHEREAS, a public hearing was held .on June 8, 1994 under Appeal No. 4248, and held on May 7, 1992, June 4, 1992, November 9, 1992, December 3., 1992 and June 8, 1992 under Appeal No. 4098, at which times all 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; 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. REQUESTS. By this application, the appellants are requesting the following variances a) request for above-ground deck construction which is located •within 100 feet, of,:the top'of. the bluff along` ; the Long Island Sound; :,and b) request for above-ground,deck construction which is located with a one-foot insufficient side yard setback Page 9 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, .1994 from. the westerly,side. :property 'line;. (c) the easterly side yard is proposed to comply with the elevation and setback requirements of the code for walks and entrance ways and is subject ,to further inspection and review by the Building Inspector. 2. BASIS OF APPEAL. By Notice of Disapproval dated March 2, 1992, the Building Inspector disapproved an application for a building permit for the deck construction, as exists, due to its location within 100 feet of the Long Island Sound bluff and due to the need of other agency approvals (Town Trustees and N.Y.S. Department of Environmental Conservation). By a second, updated Notice of Disapproval dated May 20, 1994, the Building Inspector disapproved an amended application for a building permit for the deck construction, as exists, due to not only its location within 100 feet of. the Long Island Sound bluff but also for an insufficient side yard setback. 3. CODE REQUIREMENTS. The Articles and Sections of the Code cited in the Building Inspector's Notices of Disapproval are Article XXIII, Section 100-239.A and Article IIIA, Section 100-30A.3, which provide as follows: Article XXIII, Section.100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. Article IIIA, Section 100-30A.3 of the Zoning Code requires the principal setbacks to be not closer to the side property lines than that established, or.not closer than 10 and 15 ft. side yards for properties containing less than 20,000 sq. ft, in total lot area, whichever is less. ' 4. PROPERTY DATA. The premises in question is a described parcel of land situated north along Aquaview Drive, East Marion, and is improved with a single-family dwelling structure ..as more particularly shown on the June 17, 1991 survey. prepared November 15, 1990,,updated December 19, 1991, by William R. Simmons, Jr., Land. Surveyor. The parcel has a frontage along Aquaview Avenue of 60 feet and _frontage along the highwater mark of the Long Island Sound of 43+- feet. The average depth of.the parcel is 220+- feet. - The -dwelling, as exists, .is shown to be set back at 42, feet from the front property,. line,; (excluding of. step area). The side yard setback` of the dwelling scales .out to be 9.2+- at the east . side yard and at 11+- feet at the west side yard. The brick walks within the ; side.. yards._.are are ,: not elevated,;.above:: ground. When PAge 10 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 elevated, further variances would be required. Level walks are not included, if at ground level; iti'•t➢ e setback calculations. 5. HISTORY OF EXISTING CONSTRUCTION. Prior "to February 1992, the deck which is the subject of this appeal and disapproved building permit was constructed without any agency approvals. On April 10, 1991, "the time when a previous variance for different relief (porch addition) under Appeal No. - 4008, the subject deck did not exist. The difficulties claimed by appellants in this application are self-created. 6. It is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the 'past the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal" Government for properties fronting along the Long Island Sound. 7. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the deck area extending to the platform at the top of the bluff stairs does not and will not have a foundation area which disturbs the natural ground underneath or around the construction; in fact, the deck area helps to preserve the natural land area over which it is placed; (b) the setback requested to the platform at the top of the bluff is substantial in relation to the requirements, being a variance of . 100% of the requirements; (c) the grant of the entire relief. will not alter the essential character of the neighborhood since many of the neighboring parcels are improved with buildings similar to the subject parcel; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged -• leading 'to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound; this construction , is subject to review and approval by the Southold Town Trustees under Ch. 37;, (e) due to the size of the property, "there is limited available land area for an open,- unroofed deck. (f) the alternative for appellants to pursue is to remove the deck construction entirely, which the appellants feel is not feasible; Page 1'1 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties claimed are uniquely related to the property and are not personal mn. future; (h) the relief, as requested; will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by granting the specific relief requested, and noted above. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested and as noticed in this application SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west 16 fet, then six feet south, thence 18 feet northeast on an angle, thence south eight feet to the rear step area of the house, extending along the rear area of the house 32 feet in width, thence extending north four feet, 16 feet west, and again north 10 feet, to the existing platform at the top of the bluff; 2. Erosion control measures must be. taken when removing the existing deck areas to. conform with the modified diagram; 3. The easterly side yard area shall not be reduced for the raised deck or dwelling construction (except as may be permitted for minimal steps and level brick walks); 4. Existing landscaping must remain; 5. Further viewing and acceptance by a representative of the:Board of Appeals is required prior to the issuance of a Certificate of Occupancy. Vote of . the Board: Ayes: Messrs. Dinizio, Wilton, and Goehringer. (Members Doyen and Villa were absent.) This resolution was duly adopted. Page 12 Minutes Special Meeting of June 24, 1994 Board of Appeals III. CARRYOVERS, DELIBERATIONS/DECISION continued: B & C. TONY AND MARIA KOSTOULAS. Location of Property.: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. (Board Action on each of these Kostoulas' applications are continued following the Depot Enterprises decision herein.) D. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the -owner's occupancy within existing residence as authorized under Article III, Section 100-30A.2B and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. (No Determination Rendered. ` Deliberations to continue at the Board's next meeting when Member Villa returns from vacation. E. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a'Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and referred to as Lot No. 2 on the Subdivision Map of Robert and Jean Lenzer. (Deliberations to continue at Board's next meeting when. Member Villa returns from vacation.) Page 13 - Minutes Special Meeting of June 24, 1994 Southold Town Board of Appeals IV. COMMITTEES: A. Code- Review' Committee: Recent meeting of 6/21/94 was held. Next meeting not scheduled, as yet. B. Update: Town Attorney and Code Review Chairwoman Re: Conference with PB/Bldg./ZBA on the ZBA's Proposed Revision Pertaining to Mergers for Proposed Local Law (Zoning) held 6/22/94. The Board Members were handed copies of the proposed Local Law, and their comments or suggestions on this proposal (or inquiries) were requested for August 11, 1994 ZBA meeting. The full-time staff of Planning, Building and Zoning agreed that it would help to fill-in those gray areas in the Code pertaining to mergers and unspecified periods of time, such as 1971 when one-acre became effective, 1983 when two-acre became effective, 1989 when different, new zones were created, etc. The meeting was adjourned at approximately 8:35 p.m. Respectfully submitted, Linda Kowa ski, Clerk Board of Appeals Approved - 8/29a/94 / LAE VED AND FILED BY UTHOLD TOWN CLERK �as�R FdOUR q Clerk, Town of Southold