HomeMy WebLinkAboutZBA-03/28/1995 SPEC APPEALS BOARD MEMBERS o��gaFFO(,r�o Southold Town Hall
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Gerard P. Goehringer,Chairman c� y�c 53095 Main Road
Serge Doyen, Jr. ca z P.O. Box 1179
James Dinizio,Jr. O Southold,New York 11971
Robert A. Villa y�Jol �a0� Fax(516)765-1823
Lydia A.Tortora Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
SPECIAL MEETING
TUESDAY, MARCH 28, 1995
A Special Meeting of the Southold Town Board of Appeals was
held on TUESDAY, MARCH 28, 1995 commencing at 7:15 p.m. at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr. , Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Absent was: Serge Doyen, Jr., Member, due to prior
commitment and distance involved.
The Chairman called the meeting to order at 7:20 p.m.
I. The Board Members discussed the following matter. All Members
were requested to visit the site and report each individual
evaluation to the ZBA office or to the Chairman, for a reply to the
Town Trustees within the next few days:
A) Coordination by Town Trustees to ZBA Re: Barbara Miller
New dwelling proposed at Paradise Point. (Variance will
be required for insufficient bulkhead setback along
Southold Bay for house apparently due to location of
proposed swimmingpool.)
Member Villa indicated he would like to review a copy of the building
plans as it relates to the property and the contours. The Chairman
agreed to send a memo to the Town Trustees after inspection by ZBA
Members and their input is received.
II. Board Member Reviews and Upcoming Inspections were
requested.
Page 2 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
On motion by Chairman Goehringer, seconded by, Member Villa,
and duly carried, the following applications were calendared and
authorized for advertising at a Regular Meeting and Public. Hearings
to be held TUESDAY, APRIL 11, 1995 instead of Wednesday, April 5,
1995:
1. 7:30 p.m. Appl. No. 4303. - STANLEY and JANICE' FLISS.
Request for Variance under the Zoning Ordinance, Article X, Section
101C(1) {ref. accessory provisions, Section 100-33) for permission to
locate building for garage with woodshop and storage use incidental '
to the principal use, presently single-family dwelling, 'in the
westerly side yard area and partly in the rear yard area. The
subject premises is located in the B-General Business Zone District
and is known as 565 Old Main Road, Mattituck, NY; County Tax Map
ID No. 1000-122-7-2.
2. 7:35 p.m. Appl. No. 4305 DERRICK D. CEPHAS.
Application based upon the March 23, 1995 Notice of Disapproval from
the Building Inspector, requesting a Variance under the Zoning
Ordinance, Article XXIII, Section 100-231 for permission to erect 10
ft. high fencing around proposed tennis court in,a front yard area.
The subject property fronts. .along Orient Harbor and is known as
1600 King Street, Orient, NY; County. Tax Map ID #1000-26-2-42.2.
This lot contains a total area of 7.5 acres and is known as Lot 2 on
the Subdivision Map of Major Terrace approved on July 9, 1990.
3. 7:40 p.m. Appl. No. 4304 - WILLIAM .AND JANET WALSH.
Application based upon the March 2, 1995 Notice of Disapproval from
the Building Inspector, requesting a Variance under Article XXIII,
Section 100-239.4B for permission to construct an addition to
existing dwelling with a setback at less than the 'required 75 feet
from existing bulkhead. Property ID: 1555 Fleetwood Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-137-4-34. This lot
has a nonconforming lot area of 12,875 sq. ft. and lot width of 50
feet.
4. 7:45 p.m. Appl. No. 4306 - SCOTT RUSSELL, Seller (for John
and Joan Stroh, New Owners). Application. based upon .the March
29, 1995 Notice of Disapproval from the Building Inspector,
requesting a . Variance under Article III-A, Section 100-30A.3 for
permission to construct an addition to existing dwelling with a
setback at less than the required 15 feet from the northerly side
property line. Property ID: 1050 Pine Avenue, . Southold, NY;
County Tax Map Parcel No. 1000-77-3-2. This lot. is also referred to
on the Map of Goose Bay Estates filed 11/13/34 as lots #50, 51 and
51, combined with a total lot area of 7500 sq. ft. and. lot width of.
60 feet.
Page 3 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
Vote of the Board: Ayes: Messrs. Dinizio, Villa, Tortora, and
Goehringer. This resolution was duly adopted.
III. Ch. 71 Special Public Event Permit - (see Resolution below).
The Secretary presented a draft form with draft instruction
sheet previously for Board Members comments. Member Villa
suggested we contact the Police Chief to ask ,, their input or
assistance from time to time. The Secretary indicated that the Town
Attorney has already made these arrangements possible for all the
Departments involved (Building and ZBA), but the Chairman probably
would send notification as the permits are reviewed - on a
case-by-case basis.
Members Villa, Tortora and Goehringer ,recommended adding the
following as paragraphs 10, 11 and 12 to the draft form:
10. Issuance of this permit does not authorize in any manner
occupancy of the principal building exceeding the legal
limitations under the fire code, or other codes which would
prohibit such increased occupancy.
11. Two fire exits shall remain open and unobstructed at all
times to buildings) on the property.
12. Owner assures that all fire, safety, building, and other
laws shall be complied with.
On motion by chairman Goehringer, seconded by Member Tortora,
it was
RESOLVED, to authorize use of the new form for Special Events
at a Winery, as regulated by Chapter 71 of the Code of the Town of
Southold, and new instruction sheet as prepared and amended to
included Nos. 10, 11 and 12, infra, and signature lines by three ZBA
members authorizing approval.
Vote of the Board: Ayes: Members Dinizio, Villa, Tortora, and
Goehringer. This resolution was duly adopted.
INSPECTION REPORTS. Board Members were asked to update
the file, or at least update the ZBA staff persons or the Chairman if
different or new circumstances are found at the* site when . an
inspection done. The Board Clerk also asked the ZBA to contact the
office at least once a week by telephone for updates, . or to report
Page 4 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
additional inspection findings - especially since there are changes
in committee meeting dates and new material and documentation are
delivered to the office regularly and placed in Board Member boxes
daily.
DISCUSSION AND REMINDER: Re: New Merger Law as Drafted
by Town Attorney's Office. Reminder that Board comments are still
welcome and requested by the Town Attorney. This draft was
prepared in late 1994 and is expected to be advertised in the near
future.
BULK SCHEDULE ' CHANGE RECOMMENDED: The Board
Secretary asked if the Board Members would consider recommending a
change to the Town Board on the minimum requirement for a front
yard setback in the R-120, R-200 and R-400 zones; from the present
60 feet to R-120 feet. The present setback is the same as the R-80
zone, although the other setbacks in the R-120 zone were greater.
,Member Dinizio asked how this came up, and the Board Secretary said
she has been working with the Planning and Town Attorney on a
draft merger setback schedule for nonconforming lots, and. the 60 ft.
setback appeared to be an error. After discussions,, all members
agreed to recommend this change. On motion by Chairman
Goehringer, seconded by Member Tortora, it was
RESOLVED, to recommend to the Town Board the following
thane in the Zoning Code under the bulk schedule 'pertaining to the
minimum front yard setback requirement in the R-120 R-200 and
R-400 columns to be 75 feet instead of 60 feet, for the following
reasons:
a) a 75 ft. front yard will coincide with , the degree of
increase relative to other setbacks in the same zones;
b) increased setback will allow for future road widening,
especially since most applicants place their dwellings at the' closest
(minimum) setback permitted from the road;
c) allows for future expansion of the dwelling, such as a sun
porch in the front of the dwelling without encroaching into a 60 ft.
front yard established line in most areas;
d) will help to discourage variances when more land is
available in a front yard area as alternative areas to expand or
build - especially for waterfront parcels where accessory buildings
are permitted in a front yard area;
Page 5 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
e) there is an average which is available within 300 feet of
both sides on the same block, established by established
nonconforming setbacks along the front yard;
f) a 15-ft. front increase is not difficult to . obtain because
the property is of a conforming size at 600 feet deep and 200+ ft.
wide.
Vote of the Board: Ayes: Members Dinizio, Villa, Tortora, and
Goehringer. This resolution was duly adopted.
COMMITTEE MEETINGS REMINDER:
TDR Committee - Sessions for April 5 and April 19 at 7 p.m.
Planning & Zoning - March 31st Re: CR 48.
(None set for April as yet)
Code Review Committee - none set as yet.
Town Attorney Sessions - The Secretary reported that she
attended the last two sessions. On March 17th discussions were
about SEQRA updates and laws pertaining to Towns generally.
Our next session is expected to be about jurisdiction of the Planning
Board. The ZBA Members were asked to attend the following session
on Friday, May 26th at 12 noon for ZBA. jurisdiction discussion. The
Secretary confirmed that she may be away for the long weekend, and
would like to have a board member in her place if possible on May
26th.
NEXT MEETING OF ZBA - Reminders and Confirmation:
Tuesday, April 11, 1995 at 7:15 p.m. (Confirmed)
Wednesday, May 3, 1995 at 7:15 p.m. (No change re.quested).
SECTION 809 MUNICIPAL LAW OF THE STATE OF NEW YORK -
DISCLOSURE REGULATIONS: The Chairman previously asked the
Board Secretary to distribute copies of New York Municipal Law
pertaining to Disclosures be handed out to all Members for their
information. It was noted that violation of the . law is a
Page 6 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
misdemeanor and should be at least of knowledge to everyone on the
Board. Member Dinizio mentioned that he believed the new Town
Code of Ethics replaced the State Law, which is not so.. (Recently,
Mark MacDonald resigned from the Planning Board and committees and
it was understood that a legal opinion was obtained from, the State
indicating that his business doing test holes, etc. and his
membership on the Planning Board were compatible and therefore
would present possible conflicts and/or improper appearance.)
Municipal law, Section 809, and relevant rules were not previously
distributed to board members for their knowledge. The Board
Secretary also advised the Board Members that the Town's new Code
of Ethics was adopted by the Town Board at their last. meeting, and
that a formal request is expected within the next day or so for
written disclosure by Board Members. Member Dinizio indicated he
has already completed the form that was advertised as part of the
local law. The Board Secretary gave copies of Section 809 of the
Municipal Law to all the Board Members.
SEQRA - Type II Declarations were confirmed by the Chairman
and Board Members on the following matters:
Application of Stanley Fliss for a building in a side yard.'
Application of William and Janet Walsh for a deck within
75 feet of the existing bulkhead.
Application of Derrick Cephas for 10 ft. high fencing
around proposed tennis court in a front yard
Application for John and Joan Stroh for a proposed .
porch addition with a reduced side yard setback..
Ayes: All.
ZBA SPECIAL EXCEPTIONS ISSUED IN PAST YEARS FOR
OFF-PREMISES, DIRECTIONAL SIGNS: The, Board Secretary
explained the errors found in the recent publications of a local
newspaper pertaining to ZBA letters that 'went out to all groups
(church, civic, etc.) about their special exception approvals. The
letters were sent as a courtesy to let those groups know that if they
have not obtained permits from the Building Department. in previous
years for those signs, then the Special Exceptions, will expire on or
about April 30, 1995. A church in Cutchogue objected to. the fact
that a permit from the building department could cost $50.00. The
church did not have the signs in place (one on the Main Road and
the other on CR 48), and apparently did not wish to replace them -
with or without the $50.00 permit fee. Our office wanted to give
them that opportunity if they changed their mind before April 30th.
Page 7 - Minutes
Special Meeting of March 28, 1995
Southold Town Board of Appeals
The Board Secretary said she was interviewed by the reporter for
the newspaper, in person, and she confirmed the purpose of the
letter, but the newspaper chose to write their own "story" instead of
fact.
ADDITIONAL LETTERS Re: Special Exception and Valid Permits.
Motion was made by Member Tortora, seconded by Member Villa, and
duly carried by all, to SEND the remaining letters to applicants
subject to Member Villa's inspection of the signs within the next 10
days, if possible, since the permits must be applied for at the
Building Department before April 26th or so. This resolution was
duly adopted.
There being no other business properly coming.before the Board
at this time, the Chairman declared the meeting adjourned. The
meeting was adjourned at 8:50 p.m.
Respectfully submitted,
4da Kowalski 4/6/95
oard Secretary
Approved - rd Goe inger
Chairman 4/ /95
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE 6 /.3-98 HOUR /o-°s
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