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HomeMy WebLinkAboutZBA-11/02/1994 J i o��SUFFOLKC��i APPEALS BOARD MEMBERS ?% Southold Town Hall Gerard P. Goehringer, Chairman co ,? 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y O� Southold, New York 11971 Robert A. Villa lt �`a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 2, 1994 7:15 p.m. Work Session - File Reviews - No .action was taken. 7:30 p.m. Regular Meeting - Call to Order by Chairman A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, NOVEMBER 2, 1994 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Jr. , Member James Dinizio, Jr. , Member Richard C. Wilton, Member Linda Kowalski, ZBA Clerk and Secretary Absent was: Robert A. Villa, Member. I. The following matters were held for PUBLIC HEARINGS. Following the public hearings are the findings and determinations rendered by the Board of Appeals immediately after each hearing was concluded. Also see verbatim transcripts for the hearings, which have been prepared under separate cover and filed simultaneously with this set of minutes. 7:32 p.m. Appl. No. 4275 - RENE MATOS. Request for a Variance under Article IIIA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) Appearing in behalf of 'the applicant was Jennifer Gould, Esq. 7:40 p.m. Appl. No. 4276 - DALE AND STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the required 15 ft. minimum { Page 2 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals at premises known as 650 Bay Avenue, Mattituck, N.Y.; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. Mr. Moyer appeared in behalf of his application. 7:43 p.m. Appl. No. 4277 - MICHAEL AND KATHLEEN RICHTER. Request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) Anne Arnold, mother of Mrs. Richter, appeared in behalf of the owners. 7:45 p.m. Appl. No. 4274 - MARY ANN GREFE. Request for a Variance under Article III, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, N.Y.; Lot #25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32, 700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) John Bertani, Builder, appeared in behalf of the applicant. 7:50 p.m. Appl. No. 4279 - JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for permission to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, N.Y.; County Tax Map Parcel No. 1000-66-2-18. Doug McGahan, Builder, appeared in behalf of the applicant. 7:57 p.m. Appl. No. 4278 - OWEN MORREL. Request for a Variance under Article III, Section 106-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituck, N.Y.; County Tax Map Parcel No. 1000-107-4-2.10. The subject. premises is located in the Agricultural-Conservation (A-C) Zone District. The applicant appeared and presented his application. 8:05 p.m. Appl. No. 4280 - JOHN H. MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required Page 3 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-57-2-24. The subject premises is a substandard lot containing 17,011 sq. ft. total lot area. Peter Stoutenburgh, Builder, appeared in behalf of the application. 8:10 - 8:35 p.m. Appl. No. 4281 - KATHLEEN VARANO. Request for Variance under Article XXIII, Section 100-235B; and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the principal setback requirements for this ,R.-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic, N.Y.; County Tax Map Parcel No. 1000-86-7-4. Subject premises consists of 5.3+- acres in total area. Richard F. Lark, appeared as attorney for the applicant-owner. (end of hearings) , At the end of each of the above public hearings, the board rendered decisions, all of which are noted below in the same order as above: Appeal No. 4275 - RENE MATOS Appeal No. 4276 - DALE AND STACEY-WAGNER MOYER Appeal No. 4277 - MICHAEL AND KATHLEEN RICHTER Appeal No. 4274 - MARY ANN GREFE Appeal No. .4279 - JOAN LATHAM Appeal No. 4278 - OWEN MORREL Appeal No. 4280 - JOHN H. MULHOLLAND Appeal No. 4281 - KATHLEEN VARANO (continued) Page 4 � Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 2, 1994 APPL. #4275. APPLICANT: Rene Matos (Jennifer B. Gould, Esq.) LOCATION OF PROPERTY: 180 Carole Road, Southold, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 52, BLOCK 2, LOT 6. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 8/29/94. "Accessory buildings shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article III, Section 100-30A.4 RELIEF REQUESTED: 8' x 8' accessory shed in the southerly side yard with a setback of 716" from the southerly property line (along land of Smulcheski) . The shed will be as close to the dwelling as possible and will not protrude into either the front yard or the rear yard, as shown on the sketch submitted with the application. MOTION MADE BY: James Dinizio, Jr., Member . SECONDED BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted side yard location of an 8' x 8' accessory shed with a setback at seven (7) feet (or 71611) from the southerly property line. Shed shall not protrude into the front yard area. REASONS/FINDINGS: Unusual size and dimensions of,the land, together with established nonconforming rear, bulkhead, and front yard setbacks of preexisting dwelling structure, having existed for more than 35 years, lend to difficulties in conforming with a rear yard or front yard location while meeting the principal setback provision of the zoning code at Section 100-33C. No alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). t Page,.;5,-"- Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 2, 1994 APPL. # 4276. APPLICANTS: Dale and Stacey-Wagner Moyer OWNERS (if different than applicant): N/A LOCATION OF PROPERTY: 650 Bay Avenue, Mattituck COUNTY TAX MAP DISTRICT .1000, SECTION 143, BLOCK 3, LOT 12 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/8/94. GROUNDS OF DISAPPROVAL: "Proposed Construction will have insufficient total sideyards." PROVISIONS APPEALED FROM: Article XXIV, Section 100-244 RELIEF REQUESTED: 15 ft. x 20 ft. two-story addition to dwelling with a setback at 12 feet from the northerly side property line and more than the established front yard setback as shown on sketch submitted with the variance application. Three-ft. variance is requested for reduction from the required 15 feet to not less than 12 feet. MOTION MADE BY: Gerard P. Goehringer, Chairman-Member SECONDED BY: Richard A. Wilton, Member ACTION/RESOLUTION ADOPTED: Granted. setback at 12 ft. from the northerly side yard for a proposed 15' x 20 addition, maintaining the same or greater front yard setback as shown on sketch submitted with the variance application. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). t Page 6 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 2, 1994 APPL. NO. 4277 APPLICANTS/OWNERS: MICHAEL AND KATHLEEN RICHTER AGENT: ANNE L. ARNOLD, 221 Fifth Avenue, Greenport 11944 LOCATION OF PROPERTY: 370 Old Orchard Lane, East Marion COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 6, LOT 18 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 25, 1994 GROUNDS OF DISAPPROVAL: "Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 RELIEF REQUESTED: Construct 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built). Will require additional building permit or modification to BP #22093 dated 5/31/94. MOTION MADE BY: Richard A. Wilton, Member SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: BE IT RESOLVED, to grant the relief requested for a 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built) and located in the rear yard. Subject to compliance with all other zoning laws, and will require additional building permit or modification to BP #22093 dated 5/31/94. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). Page 7 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 2, 1994 APPL. #4274. APPLICANT: MARY ANN GREFE (John Bertani Builder, as agent) LOCATION OF PROPERTY: 395 Tuthill Road Southold, NY. COUNTY TAX MAP DISTRICT 1000 SECTION 55 BLOCK 4 LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/13/94. "Accessory buildings shall be located in the required rear _yard." PROVISIONS APPEALED FROM: Art. III, Sec. 100-30A.4 (ref. 100-33) RELIEF REQUESTED: 16'6" x 20' accessory storage (barn) building located in the southerly side yard with a setback of at least three (3') feet from the southerly side property line (along land referred to as Lot 26). The shed is located near the pool and fence enclosure and will not protrude into the front yard area, as more particularly shown on survey dated 3/28/88 submitted with the application. MOTION MADE BY: Serge J. Doyen, Jr. , Member SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted side _yard location of an 1614" x 20' accessory barn building for storage purposes, as exists near pool area, with a setback at three feet from the southerly property line as shown on 3/28/88 survey SUBJECT TO THE FOLLOWING CONDITIONS: (1) Be used for accessory storage purposes incidental to the owner's residency in the main building; (2) Only utilities shall be electric, as proposed. REASONS/FINDINGS: House was built in 1970 with a 25 ft. rear yard setback, which today is nonconforming. Size of property is also nonconforming, although lot is known as Lot #25 on the Subdivision Map of Yennecott Park. Rear yard area is very limited due to shape and character of lot. These circumstances have existed for 24 years and lend to difficulties in conforming with a rear yard location. No alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). Page 8 - Appl. No. 4279 (Minutes) Application of JOAN LATHAM Decision Rendered November 2, 1994 Appeal No. 4279. Application for JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for permission to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with, the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, N.Y. ; County Tax Map Parcel No. 1000-66-2-18. WHEREAS, a public hearing was held on November 2, 1994 and at said hearing all 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. The premises in question: (a) is a parcel of land referred to as Lots 18 and 19, as combined for this application with a total nonconforming lot area of . 17,500+- square feet, as situated on the corner of the Orchard Street and the westerly side of Roger's Road, Southold, Town of Southold; (b) is shown by the June 21, 1994 survey prepared by Roderick VanTuyl, P.C. with a two-story frame house set back 37 feet' from Rogers Road, 13+- feet from the southerly side property line, and 32 ft. from the westerly (rear) property line - when using the scale provided at 40 feet to an inch; , (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 9, 1989. i / j 1 1 Page 'g - Appl. .No. 4279 Applicadon of JOAN LATHAM Decision Rendered November 2, 1994 2. By this application, appellant has requested permission to re-locate the dwelling, with enlargement, all as shown on the plan dated 8=10-94, which depicts: (a) a front yard setback from Rogers Road at 371611, (b) a side yard setback at 15'6" from the southerly property line, (c) rear yard setback at 30 feet, at its closest point for the new location {rather than 29 feet which was the previously established location). 3. Today's setback requirement, under Article XXIV, Section 100-244B requires a minimum rear yard setback at 35 feet for lots containing less than 20,000 sq. ft. in lot area. 4. The amount of relief requested by this application is a reduction of five (5) feet in the rear yard setback, for a 30 ft. setback instead of 35. 5. In considering this application, the Board finds: (a) that the depth of the lot lends to the difficulties in relocating the same dwelling structure within the code's requirements; (b) that the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the construction under consideration will not cause or create an increase in any dwelling unit density pertaining to -this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue in relocating the existing dwelling; (e) that the benefit to the applicant will not be detrimental or cause any adverse effects to the health, safety and welfare of the community; (f) that in considering all of the above factors,. the interests of justice -will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to GRANT the relief requested for a 30 ft. rear yard setback in the proposed relocation of the existing dwelling as modified. . VOTE OF THE BOARD; AYes: Mr. Goehringer, Doyen, Dinizio & Wilton. (Mem- ber Villa was absent - out-of-state) . This resolution was duly adopted. J t S Page 10 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4278: Application of OWEN MORREL. Request for a Variance under Article III, Section 100-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituck, N.Y. ; County Tax Map Parcel No. 1000-107-4-2.10. The subject premises is located in the Agricultural-Conservation (A-C) Zone District. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.) WHEREAS, after due notice, a public hearing was held on November 2, 1994, and at said hearing 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; 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: BASIS OF APPEAL 1. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit for a detached accessory garage located in the northeasterly yard area rather than in a .required rear yard. PROPERTY DATA 2. The premises in question is located in the A-C Agricultural- Conservation Zone District and contains a total area of five acres. 3. The applicant's survey map, revised August 31, 1993, prepared by Young & Young, shows an existing new, two-story single-family dwelling set back 183 feet from the northeasterly property line (running along land referred to as Lot #10), 203 feet from the northwesterly property line (running along land referred to Page 11 - Appeal No. 4278 Decision for OWEN MORRELL Regular Meeting - November 2, 1994 as Lot #12), 212.4 feet along the southwesterly property line, and 154.8 feet from the southeasterly property line (along land of the Mattituck Park District). RELIEF REQUESTED 4. Proposed by this application is a 36 ft. by 36 ft. accessory garage building, at the maximum height permitted by code. . The garage is proposed to be located 60 feet to the nearest property line, and 100' or more feet for the remaining setbacks. The use of the building will be strictly for the owners for garage and storage purposes incidental and accessory to this residence. LIMITATIONS 5. The limitations under this appeal are that the building may not be converted for gainful purposes (such as living area, rental for non-owner storage, etc.), and may never be used as a separate use. 6. The proposed building must be in conformance with the height requirements of the zoning code in effect at the time of obtaining-the building permit. OTHER CONSIDERATIONS 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely, related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property contains more front and side yard areas than rear yard (as defined by the zoning code); ' (b) the relief is 'not substantial in relation to the requirements and will be at a distance greater than normally regauired; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for storage purposes incidental to the existing residence; (e) the relief requested is not unreasonable due to the uniqueness of the property and the character of the surrounding community; 4 1 Page 12- Appeal No. 4278 Decision for OWEN MORRELL Regular Meeting - November 2, 1994 (f) 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. Accordingly, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to GRANT the location requested for the proposed garage building, as noted in the above findings, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the garage building be located as described in the above findings (as requested); 2. That the garage building shall not be converted or used as habitable area for sleeping or guest purposes, and is limited to use as a garage for parking of cars, storage and accessory studio/work area of the owners-residents. 3. That the building must comply with the height restrictions of the zoning code pertaining to accessory buildings. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, and Goehringer. (Member Villa was absent (out-of-town)). This resolu- tion was duly adopted. a Page 13 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 2, 1994 APPL. #4280. APPLICANT: John H. Mulholland LOCATION OF PROPERTY: 725 Island View Lane, Greenport. COUNTY TAX MAP DISTRICT 1000, SECTION 57, BLOCK 2, LOT 24. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 10/5/94. GROUNDS OF DISAPPROVAL BY BUILDING INSPECTOR: "Proposed Construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3 RELIEF REQUESTED: Garage addition at the north/northeast end of existing dwelling which will reduce the setback from the required 10 feet to 8 feet. The front yard setback from the front property line must conform to the requirements of the zoning code at 35 feet +. MOTION MADE BY: James Dinizio, Jr. , Member SECONDED BY: Serge J. Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted side yard setback for. proposed garage addition which extends into the front-yard and partly into the side yard, provided the setback be not less than eight (8) feet from the easterly side property line, as shown on sketch submitted with variance, and addition conforms to all other setback requirements. REASONS/FINDINGS: Unusual character and shape of the land, location and angle of dwelling, as has existed for more than 35 years, lends to difficulties in conforming with the side yard setback provision of the zoning code. Former approval was issued under Appl. No. 518 by the Southold Town Board of Trustees. Lot is noted as approved for zoning purposes with a lot width of 75 feet under Appeal No. 329, as amended December 1, 1960. Lot size of 17,011 conformed to zoning in 1957 (which required 12,500 sq. ft.). VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). Page 14 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 22 1994 APPL. #4281. APPLICANTS: KATHLEEN VARANO and Others (Richard F. Lark, Esq.) LOCATION OF PROPERTY: 6600 Indian Neck Road Peconic NY. COUNTY TAX MAP DISTRICT 1000 SECTION 86 BLOCK 7 LOT 4. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/27/94. "Areas of accessways to rear lots cannot be included in lot areas and . . .proposed lots will have insufficient lot area and building envelopes/setbacks which will not comply with required setbacks for this district. PROVISIONS APPEALED FROM: Article XXIII, Section 100-235B, Article III, Section 100-32 (Bulk Schedule) RELIEF REQUESTED: Proposed Lot 1: 75,300 sq. ft. lot area and front yards at 60 ft. from Indian Neck Road and 50 feet from private right-of-way, 50 ft. rear yard, 20 ft. side yard; Lot 2: 80,000 sq ft. lot area inclusive of ROW strip, setbacks at 50 front and 50 ft. rear; sides 20 and 25; Lot 3: 81,000 sq. ft. lot area inclusive of ROW strip, all as shown on survey amended August 31, 1994 prepared by Roderick VanTuyl, P.C. MOTION MADE BY: Gerard P. Goehringer, Chairman-Member SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted relief requested as noted above. Same condition as former ZBA resolution still applies: "Lot #3 shall be restricted to one-family use only with no additional sleeping or living quarters in any accessory buildings (except as may be allowed by legislative action in amending the current zoning code)." REASONS/FINDINGS: Property received former variance approval under Appeal No. 3330 on May 2, 1985 and former Planning Board sketch approval for 'similar lot size(s) with different configuration. Character, shape, narrow width, and topography of this 5.424 acre-parcel lend to unusual circumstances and need for variances. No alternative is available for lot sizes or alternative access. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopted (4-0). Page 15 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals Communications from James F. Harmon, Jr. Re: Property of Robert Alcus at Cedar Beach, Southold. The Board Members discussed Mr. Harmon's concerns - all of which have been forwarded to the Building Department by Mr. Harmon also. The Chairman and Board Members agreed to send a letter to the Building Department as the enforcing department of code matters - particularly alerting them. of the wetland areas and restricted area for building as noted by Mr. Harmon. * * APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Wilton, and duly carried, it was RESOLVED, to approve the Minutes of the October 5, 1994 Meeting as submitted. Vote: Ayes: All. (Member Villa was absent.) This resolution was duly adopted. * * * SETTING DATE OF NEXT REGULAR . MEETING AND PUBLIC HEARINGS: On motion by Chairman Goehringer, seconded by Member Wilton, and duly carried, it was RESOLVED, to authorize and direct advertisement ' of 'the following matters for public hearings to be held during a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, DECEMBER 7, 1994: 1. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known. as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.} Page 16 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUB ER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100=32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) N the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUCE, JR. Request for a Variance under Article III, Section 100-33, based upon the Novem- ber 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the easterly side of Youngs Road, (House #944), Orient; NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:05 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 in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the existing Vineyard, and Winery Establishment proposed at 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. 6. 8:10 p.m. Appeal No. 4282 -CURT W MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side L Page 17 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals property line, at premises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-1-18.1. 7. 8:20 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100•-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimmingpool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, NY; County Tax Map Parcel No. 1000-135.1-1-1 thru 43. The entire premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low-Density Residential. VOTE OF THE BOARD: AYES: ALL. °(Member Villa was absent.) This resolution was duly adopted. * * II. DELIBERATIONS/DECISIONS: A. From October 5, 1994: Application of Thomas Fabb. The Board deliberated and took the following action: Page 18 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appeal ,No. 4272: Application of THOMAS FABB. Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which .permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformities: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck; County Tax Map Parcel No. 1000-99-4-22. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994 in the Matter of the Application of THOMAS FABB under Appeal No. 4272; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. SITE LOCATION: -The parcel in question is located along the easterly side of Naugles Road (near the north end), with a frontage of 120.56 feet and depth of 441.56+- feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 99, Block 4, Lot 22. 2. ZONING: The subject premises is located in the R-80 Residential Zone District, effective January 9, 1989, and is improved with the following buildings: .j Page 1.g- Appeal No. 4272 Application of THOMAS FABB Decision Rendered November 2, 1994 a) 1-1/2 story (main) wood frame building; b) 20.1 by 16.2 wood frame bungalow building; c) 20.1 by 24.2 ft. wood frame building; d) 30' x 16.4 + variables wood frame building; e) partial construction of the subject fire-damaged building containing an area of approximately 390 sq. ft. {encompassing the present footprint area of 12.3' x 12..' plus 20' x 121} as more particularly shown on the survey prepared for F & F Management Co. under this application. 3. EXISTING USE: The use of this property has over the years been for a main single-family dwelling and accessory bungalow buildings. The Town's assessment records show that the property was assessed for five buildings since on or about January 9, 1962 (and before): the main building has been used for single-family occupancy and three of the four remaining buildings (which includes the subject bungalow) as single-family occupancy. 4. OWNERSHIP: The applicant herein is one of the owners who acquired the property on June 12, 1981. 5. BASIS OF APPEAL: By application to the Building Inspector dated March 25, '1994, an application for a permit to rebuild an existing bungalow building was filed and disapproved on the following grounds: ". . .Article XXIV, Section 100-243-A, "A non-conforming building containing a non-conforming use shall not be enlarged, - reconstructed or structurally altered or moved unless the use of such building is changed..to a conforming use. 6. ISSUES OF LAW: First, it must be determined whether or not the nonconformity of multi-residential occupancy at the site has been intentionally abandoned, or impermissibly changed. Testimony was submitted clearly showing that there was no intention by the owner to abandon the use of this bungalow. In fact, the owner applied for; and received, building permit #22020Z on 4/15/94 ' from the Town to rebuild and renovate 50% of the building as existed prior to damage by fire. However, in proceeding with the reconstruction, it was necessary to exceed the town's 50 0 limitation to complete the building. Damage by fire, together with the owners' actions to rebuild is not evidence of intentional abandonment. 7. PERCENTAGE OF RELIEF: . The amount of relief requested by this application is to rebuild the remaining 50 0 of the original. size of the bungalow with a nonconforming setback at 1+- ft. from the property line. Page 20- Appeal No. 4272 Application of THOMAS FABB Decision Rendered November 2, 1994 8. In considering this application and viewing the site. and the character of the area, the following are noted: (a) the subject property is located in a residential neighborhood, and is surrounded by single-family homes in a waterfront ' community_. There are valid concerns from not only the Board Members but also residents in the area that improper and excessive occupancy of the main building must cease for aesthetic, safety, health; zoning, and other related purposes; (b) that the essential character of the neighborhood will not be adversely altered by the construction of the building by 50 0 provided the size is limited to the size as previously existed at not greater than ' 400 sq. ft. and with the. provision that all buildings comply with the zoning code for occupancy; (c) that the relief as requested is not the minimum necessary to afford relief to the applicants; (d) the difficulties claimed in reconstructing to the original size, which is 50% more than the present code limitation, are uniquely related .to the preexisting nonconformities of -the land; , (e) that there is no alternative available which is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will, be served by granting. alternative relief, as conditionally 'noted below. Accordingly, on motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, that the application as filed by THOMAS FABB be and hereby is GRANTED, authorizing the Building Inspector to issue .a building permit for such construction in full compliance with all other provisions of the Zoning Ordinance and the Building Codes of the Town of Southold and all other regulations pertaining to reconstruction of the bungalow building, for single-family occupancy, and SUBJECT FURTHER TO THE FOLLOWING CONDITIONS: a) the owner may be permitted to rebuild only with the original building envelope, size -- at not greater than 400 sq.' ft. in size as shown by the survey submitted by applicant; b) the location of the building, as reconstructed, shall be placed with a setback at not closer than five (5) feet to the side property line, rather than in the same , nonconforming setback - Page 21- Appeal No. 4272 Application of THOMAS FABB Decision Rendered November 2, 1994 particularly since no foundation existed on the former building when habitable; c) before issuance of a Certificate of Occupancy and before occupancy of the building, the main building must conform to single-family occupancy and removal of all cooking and kitchen areas, except that one kitchen may remain as exists on the main (first) floor; d) before issuance of a Certificate of Occupancy for this building, the building inspector, or other appropriate enforcing officer, shall inspect the buildings for proper occupancy, and note his findings, in writing, in the application file before issuance of a certificate of occupancy for any of the single-family buildings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villa was absent - out-of-state). This resolution was duly adopted. d > Page 22 - Minutes Regular Meeting of November 2,- 1994 Southold Town Board of Appeals III. Miscellaneous/Other: A. A Reminder was given that the next Code Review Session will be held on Monday, November 71, 1994 at 3:30 - 4:30 p.m. to discuss Mergers. Board Clerk Linda Kowalski agreed to attend (as requested). B. Communications was received from Town Clerk Judith T. Terry regarding the upcoming Board Member appointment (beginning January 1, 1995). The Board Members unanimously and strongly recommended that Member Richard Wilton be reappointed to this position. (See letter drafted to Town Clerk and Supervisor requesting his reappointment for the reasons noted therein.) C. SEQRA determination pertaining. to property of WILLIAM GASSER at the S/s of C.R. 48 and the E/s of Love Lane, Mattituck, pertaining to pending applications under Appeals 4262, 4261 and 4260. The Board Members confirmed their recent inspections at the site and indicated that all their concerns were answered. It was noted, however, that mitigation measures were necessary to be taken, and agreed to a Negative Declaration with the mitigation measures incorporated therein. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to declare LEAD AGENCY status, and declare a NEGATIVE DECLARATION with the following mitigation measures incorporated therein, subject . to the normal public comment period established under the SEQRA rules: 1. Drainage pans and oil absorption blankets shall be placed under all vehicles such as under the transmission and engine areas, including active and well as inactive vehicles. 2. The owner is responsible for daily checks of the .vehicles and taking all measures necessary to prevent oil drippings, and maintain good condition of the vehicles. AYES: Messrs. Doyen, Goehringer, Dinizio and Wilton. (Member Villa was absent.) This resolution was duly adopted. Page 23 - Minutes Regular Meeting of November 2, 1994 . • APPEALS BOARD MEMBERS O�pSUFFO(�CpG . Gerard P.Goehringer, Chairman y Serge Doyen,Jr. 0 Town Hall, 53095 Main Road James Dinizio,Jr. ifi� ��� P.O.Box 1179 Robert A.Villa of �►`� 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. 4262 Project Name: William Gasser/American Armoured Foundation County Tax Map No. 1000- 140-2-16 Location of Project: 640 Love Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Outside storage or display in a HB Zone 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. me 10 page 24 - Minutes Regular Meeting of November 2, 1994 APPEALS B OARD MEMBERS �o�,C4,SVf FO(�cOG o ?� Gerard P.Goehringer, Chairman y Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio,Jr. y ��� P.O.Box 1179 Robert A.Villa �Oj �►a Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Appeal No. 4261 Project Name: William Gasser/American Armoured Foundation County Tax Map No. 1000- 140-2-16 Location of Project: 640 Love Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Bcsard in this Project: Fence height at approximately 7' , does not conform to the required height of a fence in a HB Zone 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) 765-18096 me s ) Page 25 - Minutes Regular Meeting of November 2, 1994 Southold Town Board of Appeals FILE UPDATE: Correspondence was received from Stephen L. Ham, III, Attorney for John M. McGillian requesting that Application No. 4159 be withdrawn without prejudice. The file was noted as being "withdrawn without prejudice" at this time. There being no other business properly coming before the Board for action at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 9:00 p.m. Respectfully submitted, Linda Kowalski Approved - Gerard P. Goehringer / Chairman .LED BY he- V f l