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HomeMy WebLinkAboutZBA-09/07/1994 \0i FOL��oG APPEALS BOARD MEMBERS y� Southold Town Hall Gerard P. Goehringer, Chairman ca ,z 53095 Main Road Serge Doyen, Jr. W g P.O. Box 1179 James Dinizio, Jr. O� Southold, New York 11971 Robert A. Villa l �`a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S RE_GULAR MEETING WEDNESDAY, SEPTEMBER 7, 1994 7:00 p.m. Work Session (No formal action taken) 7:30 p.m. The Chairman called the Regular Meeting to Order A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, SEPTEMBER 7, 1994 commencing at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen; Jr. , Member James Dinizio, Jr. , Member " Robert A. Villa, Member Linda Kowalski Absent was: Richard C. Wilton, Member I. The following matters were held for PUBLIC HEARINGS - also see verbatim transcript for each hearing which.has been prepared under separate cover and filed simultaneously with this set of Minutes: PUBLIC HEARINGS: 7:32 p.m. Appl. No. 4265 - PETER. DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck .addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. Following testimony, action to approve was taken, as follows: Page 2 - Board of Appeals Minutes of September 7, 1994 PUBLIC HEARINGS, continued: 7:39 p.m. Appl. No. 4266 - MICHAEL LIEGEY. Variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main`Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. Following testimony, the hearing was declared closed (concluded), pending deliberations later this evening. 7:57 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment within two existing farm buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. The hearing commenced, at which concerns and opposition from an adjacent resident (Mrs. Draper) were received. The hearing was recessed for approximately 20 minutes in order to allow time for Mrs. . Draper and Mr. Raynor to review the map together and further discuss the proposal, pending with the Planning Board. The hearing was recessed, and convened later in the evening. 8:20 p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. Following testimony, the following action was taken: Page 3 - Appl. No. 4264 Application of JAMES AND MARY ANN ABBOTT Decision Rendered September 7, 1994 Appl. No. 4264. ACTION OF THE BOARD OF APPEALS Upon Application of JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. WHEREAS, an application was made to the Building Inspector for permission to change lot lines and a Notice of Disapproval was issued on August 11, 1994 by the Building Inspector on the grounds that under Article IIIA, Section 100-30A.3, the lots will each. have insufficient width and area as re-divided; and WHEREAS, on August 11, 1994, this area application concerning lot area and width for each of the two parcels was filed together with a single-and-separate search prepared by Commonweath Land Title Insurance Company; and WHEREAS, after due notice, a public hearing was held by the Board of Appeals on September 7, 1994, at which time all those who desired to be heard were heard and their testimony recorded (and no opposition was submitted); 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. This is an application concerning two parcels of land, each as more particularly shown on the June 24, 1994 survey map prepared by Roderick VanTuyl, P.C. from which the following information was obtained: Page 4 - Appeal No. 4264 Decision Rendered September 7, 1994 Matter of JAMES and MARY ANN ABBOTT a) Parcel 1 consists of a total lot area of 27,750 sq. ft., as exists, and is referred to as Tax Map Number 1000-126-5-3 as conveyed April 1, 1980 to James M. and Maryann Abbott; b) Parcel 2 consists of a lot area of 35,090 sq. ft. as exists, and is presently referred to as County Tax Map Number 1000-126-5-2 as conveyed January 9, 1922 to Warren H. Thompson (last record owner shown on title search). 2. By this variance application, appellants are requesting permission to re-draw. the center division line as shown on the Sketch Map prepared by William R. Simmons III, licensed land surveyor, March 2, 1993 and amended June 25, 1994, which shows: a) Parcel 1 will change from 27,750 sq. ft. to 32,190 sq. ft. of area, and from 50.03 feet to 75.30 feet in lot width; b) Parcel 2 will change from 35,090 sq. ft. to 31,450 sq. ft. in area, and from 100 feet to 75 feet in lot width; 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 sq. ft. of lot area per new lot to " be created (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exist (before this proposed change in the lot division line), an area variance is required to reduce the lot area of one - while at the same time increasing the lot area of the other. A single-and-separate search was submitted to show that these two lots were existing in single and separate ownership since prior to enactment of one-acre zoning in 1971. Each of the two lots is improved. 4. The percentage of relief sought by this application is zero for the reason that there .is merely an exchange in lot size between Lot 1 and Lot 2 - without any other conveyance or split, and there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted -is not substantial ' in relation to lots established in the close vicinity of this -property and does not create increased -lot density; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; Page 5 - Appeal No. 4264 Decision Rendered September,7, 1994 Matter of JAMES and MARY ANN ABBOTT (c) the relief. requested will not cause a substantial effect on available governmental facilities; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed 'variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new location of the division line is for record purposes and is not visible to the lands; (g) the difficulty. is related to the uniqueness of the property and is not self-created; (h) the .relief requested is the minimum necessary to afford relief; (i) 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 the grant of the variances requested. Accordingly, on motion by Chairman Goehringer, seconded by Members Villa and Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4264 (and described above) in this re-adjustment of lot lines for two _ substandard parcels, shown as Lot 1 and Lot 2 on the survey map prepared by William R. Simmons III amended June 25, 1994 (originally surveyed March 2, 1993). Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. Page 6 - Board of Appeals Minutes of September 7, 1994 PUBLIC HEARINGS, continued: 8:23 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of. a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. Following testimony, both pro and con, the hearing was concluded, pending receipt of the original single and separate search and review thereof. (See update in Minutes of October 5, 1994 Regular Meeting.) 8:46 p.m. Reconvened Matter of Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. The agent for the applicant (Henry Raynor) and the adjacent property owner (Mrs. Draper) agreed to discuss the parking plan and other concerns prior to returning for a final hearing before the Z.B.A. Mr. Raynor confirmed that the Planning Board did not agree with the parking arrangement, and changes were expected under the site plan review process. The hearing was recessed without a date, pending the final parking plan as agreed by the Planning Board. 8:46 p.m. Appl. No. 4267 - ANN M. S.HANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed 20 0 lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-2-26. Following the hearing, the Board took action, as noted below: Page 7 - Minutes Regular Meeting of September 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4267. ' Application of ANNE M. SHANNON. Variance to the Zoning Ordi- nance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed 20% lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-2-26. WHEREAS, after due notice, a public hearing was held on Septem- ber 7, 1994, at which time all comments were received and testimony recorded; WHEREAS, Board Members have viewed the area 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 application is for, a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed in this project is an addition of a size 14 ft. by 38 feet at the rear (easterly side) of the existing dwelling. The square footage of the existing buildings is given at 1370.80+-. ' The lot size is 6863 (60.2 x 114 ft. average), which allows a lot coverage of 1373 (or 20% of the lot). The existing square footage together with the proposed addition is given at 1903 square feet, which is 530+- ft. over the maximum permitted by code. This results in a, percentage of 27.7% (6863/1903). 3. The Board finds: (a) the circumstances are unique to the property which is due to several factors: its substandard size of 6,863+- square feet as preexists the zoning requirements; the new construction is a minor project, for- a residential addition; (b) the relief requested is substantial in relation to the other properties in the area; however this lot is the smallest lot in the neighborhood; Page 8 - Appl. No. 4267 Application of ANNE SHANNON Southold Town Board of Appeals (c) the relief, as requested, will not alter the essential character and is found to be in harmony with the intent of zoning, and shall comply with all other regulations; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties; (f) the grant of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since there are no sensitive wetland areas in close proximity; (g) in view of all the above factors, the interests of justice will be served by granting the relief for an additional 532 square feet, as a maximum lot coverage of 27.7 percent, and as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance requested, as described above, with the understanding that future proposal to expand any building will require a variance as to the lot coverage requirements, and provided further that the existing garage shall be relocated pursuant to a building permit to a conforming location (as agreed by applicant at hearing). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, and Villa. This resolution was duly adopted. Page 9 - Board of Appeals Minutes of September 7, 1994 9:12 p.m. (Last public hearing, continued from August 11, 1994): Appl. No. 4258 - THOMAS F. McKENZIE. Location of Property: Jackson St., Main St. and New Suffolk Ave., New Suffolk. Horse barn and corral in front yard area. Following testimony, the hearing was concluded (closed), pending deliberations. End of public hearings. * * * II. OTHER REVIEWS: A. WILLIAM F. GASSER - Appl. Nos. 4260-4262. Love Lane and C.R. 48, Mattituck. This matter was pending Board Member inspections for reviews under the zoning code and SEQRA, before scheduling for public hearing. The provisions of the code for which a variance is sought is: fence height, outdoor display, and accessory tower setback. The Board Members updated the record confirming they have visited the site and had several concerns. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to request the applicants file .a completed Long Environmental Assessment Form for this Unlisted Action, pursuant to the State Environmental Quality Review Act (SEQRA), and address the following areas: Oil, oil .drippings and gasoline leaks from the vehicles, oil containment, odors, and other effects due to movement of vehicles on a weekly basis. This resolution was duly adopted. OTHER: The Board Members discussed the pending application of ROBERT S. SEARLE, and it was noted that the requested anticipated regrading plan was not submitted by the applicant as agreed and discussed at the August 11, 1994 Regular Meeting during the public hearing. Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to REOPEN and ADVERTISE this application in order to discuss and receive the request'a d- gzading plan from the applicant or his attorney, for the next Regular Meeting of this Board, to wit: October. 5, 1994. . This resolution was .duly adopted. * * Page 10 - Minutes Regular Meeting of September 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD Appl. No. 4266: Application of MICHAEL .LIEGEY. Variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. WHEREAS, after due notice, a public hearing was held on September 7, 1994, and all persons who desired to be heard were heard (no opposition was submitted); and WHEREAS, Board Member(s) are familiar with the site in question as well as neighboring and nearby areas; and WHEREAS, the Board made the following Findings of Fact: OWNERSHIP 1. The applicant, Michael Liegey, and his wife, Jeanne M. Liegey, are the new owners of the subject premises, having acquired the property on June 9, 1994. PROPERTY AND BUILDINGS 2. The subject premises consists of a total lot area of 4,400 sq. ft. with 25.50 ft. frontage along the southerly side of the Main (State) .Road. ZONING BACKGROUND 3. This parcel has since January 10, 1989, been located in the Hamlet-Business (HB) Zone Distrit which requires a minimum land area of 20,000 sq. ft. per principal use. Prior to January 1989, the premises was located in the B-1 General Business Zone District, as shown by the Certificate of Occupancy for Preexisting Use issued for Andrew Krupski and noting that the dwelling was nonconforming. Also shown is the .preexisting use as a retail store and lawyer office, for a total of three uses (mixed) on this parcel prior to Page 11 - Minutes Appeal No. 4266 - MICHAEL LIEGEY Decision Rendered September 7,. 1994 1983. The land area for these three uses is substandard in that 20,000 sq. ft. is required for each (or 60,000 sq. ft. total required). 4. The current status of this property under zoning is a retail store and an office, for two uses on a substandard nonconforming lot. The applicant is requesting permission to occupy the abandoned rear building which was several years ago used as a residence. This relief would increase the percentage of nonconformity from the present two uses to three uses as a retail store, an office, and a residence. PRIOR APPEAL AND CONDITIONS 5. For the record it is noted that this parcel (or Parcel 2 on the November 17, 1981 minor subdivision for Joseph Krupski) was the subject of a prior zoning appeal made under Appl. No. 2839 on August 6, 1981, and Planning Board approval dated June 15, 1982 which granted its separation with nonconformity lot area and width from the westerly adjacent parcel (shown as Parcel 1). The conditions, of this appeal are basically that the square footage of the buildings cannot be increase from the present size due to the excessiveness of the nonconforming lot coverage which exists, that the buildings cannot encroach on the neighbor's properties any more than that which preexisted zoning in 1957. BUILDING AREA 6. On the survey map dated July 16, 1969, amended Novem- ber 17, 1981, the front building is shown as a 2-1/2 story brick building with 25.50+- feet in width. The retail store occupies 1012 sq. ft. of sales area on the first floor only, and a professional (lawyer) office area of 1600 sq. ft. occupies the second floor. The remaining areas are for accessory storage purposes. The highest floor (third level) has also been storage, as existed since the inception of zoning in 1957. No occupancy is permitted for other than storage on the third level, or other than as written in the Certificate of Occupancy No. Z11571 issued March 29, 1983 by the Building Inspector. 7. The rear building is shown as a 2-story frame building with porch; the first floor is shown to be 811 sq. ft. and the second floor 558+- sq. ft.,. for a total livable floor area of 1369+- sq. ft. The porch area is shown .to be 274+- sq. ft. The use has always been single family, until about the late 19801s. The property was for at least two years in a foreclosure proceeding, prior to the applicants' purchase in June 1994. Page 12 - Minutes Appeal No. 4266 - MICHAEL LIEGEY Decision Rendered September 7, 1994 BASIS OF VARIANCE REQUEST 8. The basis of the variance application is the August 26, 1994 Notice of Disapproval, in which applicant applied for a building permit to renovate a nonconforming single-family dwelling structure, and which was disapproved on the following grounds: . . .Under Article IX, Section 100-92, 60,000 sq. ft. of land area required for 3 uses in an HB District. Action required by the Zoning Board of Appeals. .. . The August 26, 1994 Notice of Disapproval showed corrections to the August 9, 1994 Notice of Disapproval which disapproved the same application on the following grounds: XXIV, Sections 100-241 and 100-243 A nonconforming building with a nonconforming use shall not be enlarged, altered, extended, reconstructed or restored. Action required by the Zoning Board of Appeals. . . The August 26, 1994 Notice of Disapproval reflected the fact that a dwelling use is conforming in the HB Hamlet Business Zone District, however, 20,000 sq. ft. of land area was required for each principal use. The August 9, 1994' Notice of Disapproval reflected that a dwelling was a nonconforming use in the HB Hamlet Business Zone, which was incorrect. CONCLUSION 9. Based on all of the above, the Board finds: a) it is personal knowledge of Board Members that the rear building had previously been occupied has a single-family dwelling unit, together with a retail store and a single practitioner's office area as noted in the Certificate of Occupancy for preexisting buildings; b) the same livable floor area will again be occupied as a dwelling unit without an increase in floor area or size, and that the owners are renovating and improving the building without removal or demolition; c) the property has several nonconformities: nonconforming and inadequate on-site parking although a municipal parking area is nearby, nonconforming setbacks, multiple-uses on a nonconforming lot, excessive lot coverage, all of which restricts any. expansion, major alterations, conversions, etc. Page 13 - Minutes Appeal No. 4266 - MICHAEL LIEGEY Decision Rendered September 7, 1994 10. In considering all the above, the Board also finds: (a) that the essential character of the neighborhood will remain the same, without adverse change; (b) that the relief as requested is the minimum necessary to afford relief under the circumstances; (c) the difficulties claimed are uniquely related to the land in that the uses were preexisting, and the changes in ownership and unintentional abandonment of the residential unit triggered the requirement for an area variance; (d) that there is no alternative available which is feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. NOW, . THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested for necessary renovations and re-occupancy of the rear building for use as a single-family dwelling unit, as applied and noted above, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The occupied floor area for the retail store, lawyer's office, and dwelling unit shall not be enlarged or expanded except as authorized by the Codes of the Town of Southold, and. nonconforming .provisions of the Zoning Code; 2. The use and occupancy of the second floor for an office is limited to that permitted in the March 29, 1983 Certificate of Occupancy and only if continuous pursuant to the provisions of the zoning code pertaining to nonconformities (as determined by the Building Inspector). 3. Habitable, retail, or office area, shall not be permitted on the third level; the third level is restricted to accessory storage purposes only; 4. The rear building is limited to single-family dwelling use, or accessory storage purposes, without conversion to retail or non-resident office area. 5. Compliance with the State Building and Fire Codes which are Page 14 - Minutes Regular .Meeting of September 7, 1994 Southold Town Board of Appeals to be applicable in this project. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. ACTION OF THE BOARD OF APPEALS Appeal No. 4265: Application for PETER DeNICOLA. Variance to the Zoning . Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the requirement (50 feet). Location of Property: 1694 Chablis Path, Southold, NY; Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 square feet. WHEREAS, a public hearing was held on September 7, 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, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a variance to construct an open (unenclosed) deck addition with a setback of 30 feet from the rear property line, at its closest point. 2. The premises in question is known as -Lot No. 7 on the Cluster Development Map of Chardonnay Woods• at Southold, filed as Map No. 8822 on September 28, A989 in the Office . of the Clerk of Suffolk County. This parcel consists of a total lot area of .918 acre, or 40,000 sq. ft., is presently located in the A-C Zone District, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 3, Lot 3.7. 3. The amount of relief requested is 20 feet, for a reduction from 50 feet to 30 feet due to the shape of the lot and the radius of the setback lines along an are from Chablis Path. 4. In considering this application, the Board also finds: Page 15- Appeal No. 4265 Application of PETER DeNICOLA Decision Rendered September 7, 1994 (a) that the new deck addition, as ,proposed, will not be an adverse impact to the essential character of the neighborhood, although the relief requested in this application is substantial in relation to the 50-ft. setback requirement; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the addition is not major construction, being an open, unenclosed deck and the applicant has agreed to a restriction in this respect; (e) in considering all of the above factors, the interests of justice will be served by granting the reduction as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Members Doyen and Dinizio, it was RESOLVED, to GRANT . the requested reduction for a 30-ft setback from the rear property line, . at its closest point, and as shown on the diagram submitted under this application, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition remain. open and unenclosed, as agreed; 2. That the rear yard setback not be further reduced, and no other construction extended, unless compliance for the new construction {outside of the subject deck) is met with the rear yard requirements of the zoning code (presently required at 50 feet). Vote of the Board: , Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. Page 16 - Minutes Regular Meeting of September 7, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4258. Upon Application of THOMAS F. McKENZIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4; 100-33; 100-30A.2(C)(1), and 100-31 C(8) for permission to locate new accessory building in the front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street; and N/s Jackson Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09- 12. The subject premises contains a total lot area of 28,920 sq. ft. and fronts along three town streets. . WHEREAS, a public hearing was held on August 11, 1994 and on September 7, 1994, at which times all persons who desired to be heard were heard and their testimony recorded (pro and con), and written letters received, pro and con; 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. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated June 16, 1994. The Notice of Disapproval is concerning a building permit application to construct an accessory building and .stable in the front yard and to place housing of .horses in a front yard with reduced setbacks at less than 40 feet. from property line(s); ref. Article IIIA, Section 100-30A.4; 100-33; 100-30A.2C(1) and 100-31C(8). 2. CODE REQUIREMENTS. The relevant provisions of the Zoning Code are as follows: Page 17 - Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 100-30A.4. Accessory buildings. . . .Accessory buildings shall be subject to the same requirements as Section 100-33 of the Agricultural-Conservation District. . . 100-33, Subsection A, provides that . .Accessory buildings and structures or other accessory uses shall be located in the required rear yard. . ., and Article IIIA, Section 100-30A.3- Use regulations, R-40 Zone District, Subsection C, provides that ". . .Accessory Uses are limited to . . .Section 100-31 C of the . Agricultural-Conservation District. . .rr and Article III, 100-31C, Subsection 8, provides that: . . .(8) Horses and. domestic animals other than household pets provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within. fifty (50) feet of any line. . . 3. PROPERTY DATA. The premises 'in question is a corner lot containing a lot area of 28,920 sq. ft. with frontage along three town streets: Jackson Street, Third Street, and Main Street (or New Suffolk Avenue), at New Suffolk, Town of Southold. . Contiguous on the yard remaining, to the east, are lots improved with residences (CTM Lots 13 and 14), which are closely affected by this project. Property and building details are more particularly shown on the sketched map (survey of August 24, 1992 with sketched-in references by the owner). 4. PROPOSED VARIANCE. The applicant herein is requesting to locate an accessory building of a size 49.6 feet by 24 feet, for use as a combination garage for parking of two vehicles and -for two horse/pony stalls. Also proposed is a fenced-in horse paddock area (dimensions which scale out to be an additional 65+- feet by 30 feet area). Both are proposed to be located entirely in the northerly front yard area. The horse paddock as proposed is shown to extend directly to the westerly front property line and approximately 25 feet to the closest easterly property line. The accessory Page .A8- Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 garage/stable building is also shown proposed at 38.5 feet to. the westerly front property line, 40 feet to the easterly property line, and 60 feet from the most northerly front property line. The houses closest to the proposed horse paddock and horse barn are that of Joseph and Joan Fudjinski, as well as the applicant's dwelling. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being 100 o for the location of housing for horses in a front yard (rather than a required rear yard), and 100% for the extension of the horse paddock to the westerly front property line (rather than the required 40 ft. setback). 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many small lots improved with single-family residences. This area is also a beach community, with nearby Cutchogue Harbor to the east and Great Peconic Bay to the south. 7. PRIOR APPEALS. The subject property has been the subject of prior appeals, which were denied for a subdivision into three lots, under Appeal No. 3503 of November 3, 1986 and Appeal No. 3581 of August 20, 1987. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for said uses since this is a front yard along three town streets which affects the character of this residential, beach community and nearby 'residences close to this parcel; (b) the use for housing of horses is not necessary and incidental to the residents of the property; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed' are personal in nature to the landowner rather than due to the uniqueness of the land since the owners will not be deprived of reasonable use of the residence and uses normally incidental to the residence; (e) the relief, as requested, will in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district - particularly in light of the activities necessary for proper care and keeping of the horses and storage of manure in close vicinity of the neighboring dwellings; Page 19- Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 (f) the relief, as requested, is not the minimum necessary and adequate and dpes not preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. Page 2 0 - Board of Appeals Minutes of September 7, 1994 III. OTHER MEETINGS, confirmed for attendance by one or more board members: A. Code Review Committee: Thursday, Sept. 16, 1994 at 7:30 p.m. - B. Planning-Zoning Committee: . September 1, 1994 at 3:30 p.m. IV. MISCELLANEOUS/NEW INSPECTIONS: A. SEQRA Determinations (per inspections by Board Members): Appl. No. 4260-4262 - WILLIAM F. GASSER. C.R. 48 and Love Lane, Mattituck. Fence Height, outdoor display of unlicensed vehicles, and accessory tower setback. Board discussion and resolution. B. Other additional applications, pending review/inspections and to be determined as Type II Actions under SEQRA: 1. Appl. No. 4268 - Edward Halpert. Tennis Court and 10' high fence partly in side and front yard area at 2125 Town Harbor Road, Southold. 2. Appl. No. 4269 - Frederick Raymes. Shed, as exists, in side yard at 704 Wiggins La, Greenport. C. The following applications were determined to fall within the "Unlisted Action" category of SEQRA with an uncoordinated lead agency status (no 'other involved agency): Appl.' No. 4267 filed August 18, 1994 by ANN M. SHANNON. Lot coverage variance. .Appl. No. 4266 by MICHAEL LIEGEY for reinstatement of dwelling use with two other principal uses on a substandard lot. (Continued on next page) Southold Town Board of Appea -21- September 7, 1994 Regular Meeting APPEALS BOARD MEMBERS Gerard P.Goehringer, Chairman y Serge Doyen,Jr. V.-I Town Hall, 53095 Main Road James Dinizio,Jr. �y ��� P.O.Box 1179 Robert A.Villa ��,( �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 August 18 , 1994 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4267 Project Name: Ann M . Shannon County Tax Map No. 1000- 12 3-2-2 6 Location of Project: 2775 Maratooka Road., Mattituck . NY Relief Requested/Jurisdiction Before This Board in this Project: Addition - Exceeds 20% lot coverage 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. {X } 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 Board 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 letter, 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. Mr. Southold Town Board of Appe - 2- September 7, 1994 Regular Meeting APPEALS BOARD MEMBERS O�o0F FO(,tcOG Gerard P.Goehringer, Chairman o� y1 - Serge Doyen,Jr. � Town Hall, 53095 Main Road James Dinizio,Jr. .y O�� P.O.Box 1179 Robert A.Villa ��,( �►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 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4266 Project Name: Michael Liegey County Tax Map No. 1000-61-4-7.1 Location of Project: 53860 Main Road, Southold, N.Y. Relief Requested/Jurisdiction Before This Board in this Project: "Reinstate on an undersized parcel" which has two existing principal uses. 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. {X } 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 Board 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 letter, 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 2 3 - Board of Appeals Minutes of September 7, 1994 V. OTHER/MISCELLANEOUS: A. On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to approve the Minutes of the following Meetings of the Board of Appeals: July 14, 1994 Regular Meeting June 24, 1994 Special Meeting June 13, 1994 Special Meeting June 8, 1994 Regular Meeting. Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) B. Volunteers or Chairman's appointment of two ZBA Members on Sub-Committee for lot merger concerns and new code revision proposals. Sub-Committee to meet on Fri. 9/9 at 3:30 p.m. and again at the Sept. 16, 1994 Code Review Mtg. Both Members Dinizio and Chairman Goehringer volunteered as the sub-committee pertaining to the merger (substandard lot) discussions/draft proposals. (Member Villa will be away on September 16th.) C. PETROL STATIONS, LTD, owner of property identified as 1000-109-1-23 (six acres and improved with two existing buildings, and uses as noted in the "December 31, 1986 Certificate of Occupancy for Nonconforming Premises No. Z-1515611). The Chairman received a letter from Petrol Station, Ltd. requesting to withdraw Appeal No. 4195. The August 23, 1994 letter to the Chairman states: . . .Dear Mr. Goehringer, We have been unable to come to an agreement with our neighbor regarding the location of the right of way for our subdivision application. Therefore, we have decided to have our map redrawn so that the improved lot will have a lot area of 120,000 square feet to comply with its three uses. Since we no longer require a lot area variance, we therefore request that our variance application be withdrawn. . . Very truly yours, PETROL STATIONS LTD. Michael E. Gorman. . .. ." Page 24 - Board of Appeals Minutes of September 7, 1994 It was noted that the Building Inspector will need to further research what the applicant's letter meant "three uses," particularly since the Pre-C.O. states: ". . .Property contains 2-story, one-family wood framed dwelling; two-story shop, wood-frame garage; 2 sheds; all situated in the 'A' Residential Agricultural Zone with access to Main Road, a State Road. . . ." It is not known whether the real estate office preexisted the zoning ordinance. It is possible that it was not added until the mid to late 1980's - without town permission since Z.B.A. approval would have been necessary in the "A" Residential Zone District at that time. In 1989, the Master Plan was amended, changing the zoning to RO Residential Office, with the provision that office use as a principal use requires Special Exception approval. (No record of ZBA action was found for either a Special Exception or use variance, and there may be a possibility that the owner may be permitted an accessory home office use, as an accessory to the residence, since the residence preexisted zoning in 1957 according to the Pre-C.O. This would be a determination of the Building Inspector and the owner, pending on the plan filed for his consideration. The Board Members agreed to grant the applicant's request to withdraw the application pertaining to lot size (lot area) with the understanding that the new plan or map will meet all zoning requirements satisfactory to the Building Inspector. The application was declared withdrawn. The Chairman confirmed the next Regular Meeting to be Wednesday, October 5, 1994 commencing at 7:15 p.m. for the work session and 7:30 p.m. for the Regular Meeting and Hearings. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 10:25 p.m. Respectfully submitted, da F. Kowalski fed ,�VFD_AND FILED BY �f TAE SOUTHOLD TOW14 CU'RK Approved - Gerard P. Goehri er DATE /tA/9vHOUR 1 wn Cle T o N}c 4 >old