HomeMy WebLinkAboutZBA-01/14/1993 e.�
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APPEALS B OARD MEMBERS �O�' OG SCOTT L.HARRIS
Supervisor
Gerard P. Goehringer,.Chairman y Z
Serge Doyen,Jr. p • Town Hall, 53095 Main Road
James Dinizio,Jr. y p! P.O.Box 1179
Robert A.Villa ! [ .�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
A
M I N U T E S
REGULAR MEETING
THURSDAY, JANUARY 14, 1993
7: 00 p.m. - Work Session (Reviews of pending applications) .
No action was taken.
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, JANUARY 14, 1993 commencing at 7:35 p.m.
at the Southold Town Hall, 53095 Main Road, Southold, New York
11971.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Jr. , Member
James Dinizio, Jr. , Member
Robert A. Villa, Member
Richard C. Wilton, Member
Linda Kowalski, Board Clerk
SCOPING SESSION REMINDER _ Re: Beachcomber Motel. The
Chairman reminded the board that a scoping session has been set
by the Planning Board on January 22, 1993 at 2: 00 p.m. and would
like at least one board member from the ZBA to attend. Both
Member Dinizio and Member Villa indicated that they would plan
to attend on the afternoon set by the Planning Board.
I. PUBLIC HEARINGS - The following public hearings were
conducted. All hearings have been` transcribed verbatim from
tape in written form and attached for reference.
7:33 p.m. Appl. No. 4141 - Application of ALICE BENNETT
for a Variance to the Zoning Ordinance, Article III, Section
100-33 (and as recently amended by; Local Law ##33 adopted
12/22/92) for the placement of an accessory garage in the front
yard area with a setback at less than the required 60 feet in
this R-80 Zone District. Location' of Property: 2725 Soundview
Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10.
Joseph Diaz, Builder, appeared in behalf of the applicant.
Page 2 - Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
(Please see written transcript of hearing statements prepared
for the record under separate cover, and findings and
determination rendered later this evening) .
7:40 p.m. Appl. No. 4146 - Application of FREDERICK E.
HULSE, Jr. and JOYCE HULSE for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to locate
proposed addition with a reduction in. the southerly side yard at
less than the required ten ( 10) feet. Location of Property:
235 Sunset Lane, Greenport, NY; County Tax Map Parcel No.
1000-33-4-49. The subject premises is substandard in lot area
and is located in the R-40 Zone District. Mr. and Mrs. Hulse
appeared in behalf of their application. Objections were
received by Mrs. Margaret Deale, the closest adjoining property
owner. (Please see written transcript of hearing statements
prepared for the record under separate cover, and a
determination rendered later following the hearings. )
7: 45 p.m. Appl. No. 4145 - Application of JOHN Si.
McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for
approval of a reduction of the lot area of an existing parcel,
with an increase of the lot area of the adjoining parcel, in
this proposed lot-line change. Location of Property: South
Side of Crescent Avenue and the north side of Avenue "B,"
Fishers Island, NY; County Tax Map Parcel . ID Nos.. 1000-6-2-5
and 6. Each lot as exists is shown as substandard in lot area
in this R-80 Zone District.. Stephen L. Ham III, appeared as
attorney for the applicants. During the hearing, Mr. Ham
indicated that the applicants would be needing a rear yard
variance for future construction of a new home, after the
proposed removal of both dwellings on the southerly parcel. The
applicant was advised that this application could not include
the grant of a rear yard variance, since this appeal was
strictly for lot area in a proposed exchange of property
( lot-line change) . Mr. Ham agreed to file a separate appeal
application, after properly applying to the Building Inspector
for removal of two existing dwellings, locating the new dwelling
with an insufficient rear yard setback and new building envelope
area, with all the required forms, additional Notice of
Disapproval, filing fee, etc. There was also no objection by
the Board to .permit Mr. Ham to file the second application with
an additional (minimum) $300.00 filing fee which would
supplement the initial $300. 00 fee, provided the variance is
filed by the advertising deadline and this hearing is recessed -
for a total of $600.00. This hearing was recessed without a
date, as requested, in order that both application requests
could be run concurrently.
` Page 3 - Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
8:02 p.m. Appl. No. 4144 - Application of SPECTACLE
RIDGE, INC. for a Variance to the Zoning Ordinance, Article
III, Section 100-31A(1) for permission to, establish second
residential use in the proposed accessory barn building (located
in the front yard area as per Appl. No. 4132A, decision rendered
Novmber 9, 1992) as living area for family member or guests, and
domestic servant (in one unit) . Section 100-31A(1)provides for
single-family use, not exceeding one dwelling per lot. Location
of Property: 14990 Oregon Road, Cutchogue; County Tax Map No.
1000-84-01-02. The subject premises is zoned Agricultural-
Conservation and contains a total area of 19+- acres. Garrett
Strang, Architect, appeared in behalf of the applicant. (Please
see written transcript of hearing statements prepared under
separate cover. ) The hearing was concluded at this time, and
action was taken shortly after the public hearings this
evening.
8:10 P.M. Appl. No. 4142 - Application of ADAM
ASSOCIATES INC. for a Variance as provided by New York Town
Law, Section 280-A for approval of access for emergency and fire
vehicles over a private right-of-way extending off the easterly
side of Cox Neck Road, Mattituck, in an east-west direction a
distance of approximately 616.30 feet. The subject right-of-way
is referred to on the County Tax Maps. as part of Parcel: No.
1000-113-14-11 and is situated 670+- feet north of the
intersection of C.R. 48 (North Road) and Cox Neck Road. The
parcels to which access is requested in this: application is
identified as County Tax Map Nos. 1000-113-12-10.1, 10. 3 , 10.2,
9, 8; (and Parcel No. 1000-113-14-11 restricted for park and
recreation area use) . All areas of access are located in the
R-80 Residential Zone District. Mrs. Ruth Engel appeared in
behalf of this application. Also appearing, with concerns as to
additional road clearings, was Mr. Amato, an adjoining property
owner along the east side of Cox Neck Road. It was agreed that
the Chairman would return and measure the presently cleared area
of the right-of-way (which is noted to be 10 to 11 ft. clearance
now) , before commencing deliberations and determination. The
hearing was concluded at this time. (Please see written
transcript of' hearing statements prepared under separate cover. )
8: 20 p.m. Appl. No. 4140 - Application of JOHN CROKOS for
a Variance to the Zoning Ordinance, Article XXIII, Section .
100-239.4A(1) for permission to locate structures within 100
feet of the top of the bluff along the Long Island Sound.
Location of Property: 2110 Grandview Drive, Orient, NY; County
Tax Map Parcel No. 1000-14-2-3.11. Mr. John Sandgren appeared
in behalf of the applicant. After some discussion, the Board
recessed the public. hearing (without a new date as yet) in order
that the applicant may file and proceed with applications under
Page 4 - Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
the Coastal Zone Management Act and Town Wetlands Act with the
Southold Town Trustees. Upon receipt of the Town Trustees'
determination (preliminary or ' final) , the Board agreed to
re-calendar this application for a hearing and final
determination (with proper notice) . (Please see written
transcript of verbatim testimony prepared under separate cover. )
8: 32 p.m. Appl. No. 4147 - Application of DONALD E.
FAHEY, JR. for a Variance to the Zoning Ordinance, Article
IIIA, Section 100-30A.3 for approval of existing deck
constructed almost 20 years ago. This deck, under the current
zoning regulations, does not meet the required rear yard setback
for a substandard parcel in this R-40 Zone District. . Location.
of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map
Parcel No. 1000-64-5-3.2. Mr. and Mrs. Fahey appeared and spoke
in behalf of their application. (No opposition was submitted. )
END OF PUBLIC HEARINGS.
DELIBERATIONS/DECISION:
Appl. No. 4147 - DONALD E. FAHEY, JR. After the hearing was
concluded, the Board took the following action:
Page 5 - Minutes
Regular Meeting of January . 14, 1993
Southold Town Board of Appeals
(FAHEY decision, continued: )
ACTION OF THE BOARD OF APPEALS
Appeal No. 4147:
Application of DONALD E. FAHEY, JR. for a Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval
of existing deck constructed almost 20 years ago. This deck,
under the current zoning regulations, does not meet- the required
rear yard setback for a. substandard parcel in this R-40 Zone
District. Location of Property: 2675 Hobart Avenue, Southold,
NY; County Tax Map Parcel -No. 1000-64-5-32.
WHEREAS, a public hearing was held on January 14, 1993 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 situate along the north side
of a Hobart Avenue, approximately 96 feet easterly from Old
Shipyard Road, Hamlet and Town of Southold, and contains the
following existing nonconformities under the bulk schedule of
the current zoning code:
lot area at approximately 4,400 sq. ft.
lot width (road frontage) at 50 feet ,
6 9 0-+-- sq. f t. of livable floor area
front yard setback at 2418"
rear yard setback at 20+- feet;
(b) is improved with a single-family dwelling
structure and a very small accessory metal shed located in the
rear yard at the northeast corner of the property and wood fence
along or near the property lines;
Page 6 - Minutes
Regular Meeting of January . 14, 1993
Southold Town Board of Appeals
(FAHEY decision, continued: )
(c) is located in the R-40 Zone District as adopted
in the Master Plan revisions dated January 10, 1989.
2. By this application, appellants have requested approval
of a 12-3/4 ft. wide by 10-1/2 ft. deep open, .low. level deck
addition located in the rear of the existing dwelling, as more
particularly shown on a survey map dated November 6, 1992
prepared by Rampart Surveying, P.C.
3 . It is noted for record purposes that the deck was built
about 20 years ago (without a building permit) , and is not out
of character with the lots and buildings existing in this
residential area.
4. Article XXIV, Section 100-244B requires a minimum rear
yard setback at 35. feet.
5. The amount of relief requested by this application is a
reduction from the existing nonconforming setback at 20+- feet
to 1619" at its closest point to the rear property line.
6. The need for this relief would not be alleviated if the
. subject deck construction were to be located .in any other manner .
on the premises.
7. In considering this application, the Board also finds:
(a) that the deck has not been and is not adversely
impacting the essential character of the neighborhood;
(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 construction under consideration
involves an open deck addition, as exists and shown in the
photographs submitted by the applicants {not to be enclosed or
roofed - except by formal application) , and the grant this.
variance does 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 ds no other alternative feasible for
appellants to pursue;
(e) in considering all of the above factors, the
interests of justice will be served by granting the relief
requested and as conditionally noted below.
Page 7 - Minutes
Regular Meeting of January .14, 1993
Southold Town Board of Appeals
(FAHEY decision, continued: )
Accordingly, on -motion by Member Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT approval of the .open deck construction
as requested. under Appl. No. 4147 (Donald E. Fahey; Jr. ) as
more particularly shown on November 6, 1992 survey submitted
with the application, and SUBJECT TO THE FOLLOWING CONDITIONS:
1. The deck remain unroofed and open, as requested and as
exists; {There shall be no permanent enclosure of the deck
addition (plexiglass or other-wise) , other major alteration or
placement of a roof - without further ZBA approval} ;
2. The deck not be enlarged or expanded, without further
ZBA approval.
VOTE OF THE BOARD: Ayes: ' Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
Page 8 - Appl. Nd 4144 C
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
BOARD FINDINGS AND DETERMINATION
Appeal No. 4144 - Application of SPECTACLE RIDGE, INC. for
a Variance to the Zoning Ordinance, Article III, Section
100-31A( 1) for permission to establish second residential use in
the proposed accessory barn building ( located in the front yard
area as per Appl. No. 4132A, decision rendered November 9, 1992)
as living area for family member or guests and domestic servant
{in one single unit} . Section 100-31A( 1) provides for single-
family use, not exceeding one dwelling per lot. Location of
Property: `.14990 Oregon Road, Cutchogue; County Tax Map No.
1000-84-01-02.
WHEREAS, after due notice, a public hearing was held on
January . 14, 1993 , and those who desired to be heard were heard
and their testimony recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, the current zoning of
this property (A/C) and the surrounding areas; and
WHEREAS, the Board made the following findings of. fact:
1. The property in question is situated along the
southerly side of Oregon Road, situate approximately 730 feet
west of its , intersection with Bridge Lane, Cutchogue, Town of
Southold, as identified on the -Suffolk County Tax Maps as
District 1000, Section 84, Block 1, Lot 2.
2. This parcel contains a total acreage at this time of
19.07 acres; town assessment records show that it is improved
with a barn building used solely for agricultural and farming
purposes.
3 . Pending with the Southold Town Planning Board is an
application for an alteration of lot line which would confirm a
proposed exchange of property of 1.78 acres (see survey map
prepared by Smith & Jung, L.S. dated August 26, 1992) from Land
of the Society for the Propagation of the Faith and ASIP to
Page 9 - Appl. No . 4144 C
Matter' of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993. -
Spectacle Ridge, Inc. (the applicant herein) . This 1.78-acre
strip is shown to be 56 feet in width along oregon Road and
extends in a southerly direction 1403 .70 feet, and is to be
merged with the 19. 07+- acres of Spectacle Ridge, Inc. for a
total land area of 20. 8627 acres.
4. By this application, a variance is requested for
permission to convert a proposed barn building, which is
presently authorized for storage purposes accessory to the main
residence, to a single-residential unit of 1700 sq. ft. of floor
area for residency-occupancy by the _property owner' s brother,
and possibly a domestic servant.
5. As part of this submission, the applicant has agreed to
utilize and apply at least 80,000 sq. ft. of land. for each of
the two residential uses, for a minimum, of 160,000 sq. ft. until
such time that a conveyance would be proposed If and when a
conveyance is proposed in the future for either or both houses,
an application to the Southold Town Planning Board, and other
agencies, must be filed and finalized in accordance with the
land regulations in effect at the time of the subdivision and
conveyance of the land.
6. Also noted for the record is the fact that a public
hearing is being held by the Southold Town Board concerning the
acquisition of development rights (for land preservation)
involving 17+- acres remaining out of the entire 20. 8 acres,
based upon the application before and recommendation of the
Southold Town Land Preservation Committee.
7. The Bulk, Area and Parking regulations in effect at.
this time applicable to the Agricultural-Conservation Zone
District does require a minimum land area of 80,000 sq. ft. for
one principal dwelling (or other principal building/use) .
The applicant has indicated that there will be no conveyance
proposed in the near future, and that the entire acreage will
remain in the ownership of Spectacle Ridge, Inc. until such time
as subdivision approvals have been applied for and received.
8. . In consideration this application, the Board finds:
(a) that the essential character of the neighborhood
will not be undesirably affected since the amount of land area
is and will remain at 20. 86 acres _ which is substantially in
excess of the today' s minimum requirement of 160,000 for two
dwelling units. - although a variance was required to permit more
than one dwelling structure on a single 20. 86-acre lot' as
surveyed August 26, 1992;
M Page 10- Appl. No, 41144
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
(b) that the relief requested to allow a second
dwelling on 20. 8 acres will not have an adverse effector impact
on the physical or environmental conditions in the neighborhood.
or district;
(c) that the relief requested will not be a
substantial increase in the .permitted single-family use density,
or cause a substantial effect on available governmental
facilities since the remaining 17.18 acres is proposed for land
preservation, and dwelling unit expansion or other development
on this property will necessitate subdivision approvals from the
Southold Town Planning Board and other appropriate agencies;
(d) although the difficulty is self-created, the
relief requested is minimal and not unreasonable in light of the
circumstances affecting' this property and proposals of the owner
as described herein;
(e) that although the development rights of the
property are being contemplated for acquisition by the Town of
Southold at the recommendation of the Land Preservation
Committee Meeting (and pending at this time - see Minutes of
Town Board Public Hearing was held January 19, 1993 ) , the entire
acreage of 20. 86 acres would include 3 . 6731 acres for the two
dwelling units, and 17. 1869 acres wouldbe available as the
. . remaining acreage for acquisition in the land preservation
program. (Please see survey prepared August 26, 1992 for the
whole parcel to be . in the ownership of Spectacle Ridge, Inc. as
amended. )
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member. Doyen, it was
RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance
to allow two dwelling units on one 20. 85-acre parcel, as shown
on the August 26, 1992 survey prepared by Smith & Jung, L.S. ,
SUBJECT TO THE FOLLOWING CONDITIONS:.
1. That both dwelling units will not be conveyed
separately or otherwise subdivided unless applications are filed
with and approved (or waived in writing) by the Southold Town
Planning Board in accordance with the Chapter 106 of the Code of
the Town of Southold; and
2. That 'if a conveyance of land is proposed to separate
the dwelling (or dwellings) from the land preserved for farmland
if and when acquired by the Town of Southold, then the
properties must conform to the lot size requirements of Chapter
100 (Zoning) of the Town of Southold which currently requires a
Page 11-- Appl. No , 1144
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
minimum amount of land area applied to each dwelling of 80,000
sq. ft. , for a total of 160,000 sq. ft. for both dwellings) ; and
3 . That a Declaration of Covenants and Restrictions be
prepared in legal, recordable form and signed by the owner(s)
and their attorney, 'for submission to Town (Zoning Board of
Appeals) , incorporating the above agreement and conditions which
shall be forever binding upon" the owner, subsequent owners,
their successors and assigns, in perpetuity. After acceptance
of this Declaration. by the Chairman -or as amended with the
advice of the Town Attorney, a conformed copy of the original,
after filing with the Suffolk County Clerk' s Office, shall be
furnished to the Board of Appeals for permanent recordkeeping
purposes; , and
4. (See below) *
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
*4 . Northerly (barn ) building shall be limited to permanent
residency by family members (no unrelated residency) , and residential
use may not rented to transients , or be used for an inn , motel , or
similar type of lodging.
Page 12 - .Minutes
Regular Meeting of January 14, 1993
Southold Town Board of Appeals
DELIBERATIONS/DECISION: Appeal No. 4146:
Upon Application of FREDERICK E. HULSE, JR. and JOYCE HULSE
for a Variance to the Zoning Ordinance, Article III, Section
100-32 (rqf. Section XXIV, Section 100-244B) for permission to
construct garage/storage addition with reduction in the
southerly side yard at less than the required ten (10) feet.
Location of Property: .35 Sunset Lane, Greenport, NY; County
Tax Map No. 1000, Section 33 , Block 4, Lot 9.
WHEREAS, after due notice, a public hearing was held on
January 14, 1993 , and 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:
1. The premises in question is located in the "Low-Density
Residential R-40" Zone District and is referred 'to as District
1000, Section 33, Block 4, Lot 49.
2. The subject lot is nonconforming as to total lot area
at 15,650+- square feet, and although the lot width and depth of
are nonconforming, they do conform to the provisions of Section
100-244B for substandard lots.
3. The subject premises is presently improved with a
one-story, single-family dwelling having a livable floor area of
1575+- sq.-ft. , plus small porch and. one-car garage. Located in
the rear 'of the dwelling is an inground swimmingpool with patio
areas and fence enclosure, all as shown on the survey dated
January 15, 1976 prepared by Roderick VanTuyl, L.S. , P.C.
-The setbacks of the dwelling as exist are shown on the survey to
be 30 feet to the front property line, 33 feet from the
northerly side property line, 17 feet to the southerly side
property line, and 45 feet to- the rear property line )from
house) . The swimmingpool is shown to be set back 10 feet from
rage 13- Appl. N& 1146
Matter of FREDERIdK & JOYCE HULSE
Decision Rendered January 14, 1993
the rear line and 23+- feet from the southerly property line.
4. Article IIIA, Section 100-30A of the current .zoning
code (as amended January 10, 1989) provides for minimum side
yards at 15 and 10 feet, inclusive. of automatic relief provided
by Article XXIV, Section 100=244 pertaining to nonconforming
lots having less than 20,000 sq. ft. of land area.
5. In this application, a variance is requested for three
feet from the southerly side yard setback to allow for the.
construction of a 10-foot addition to the existing garage,
leaving a setback at seven (71 ) feet to the property line. The
addition will be for garage-storage purposes incidental to the
owners ' residence and not as a separate use.
6. For the record, it is noted that:
(a) the buildings and structures presently conform in
all respects. to Article XXIV, Section 100-244B of the Zoning
Code and Article XXIII, Section 100-230A;
(b) the extension of three feet into the side yard _
will not adversely change the character of the area and is the --
minimum necessary to afford relief; _
(c) the subject 10 ft. garage addition and other
existing building areas would be approximately 2800 sq, ft. lot
coverage .and is not in excess of -the 20 percent total lot
coverage -limitation;
(d) the placement of 'a stockade fence, as suggested by
the property owner to the south, is not in the Board' s opinion
necessary considering the three-foot reduction is minimal in
relation tothe requirements and the fact that the distance
between the two homes is greater than, and not out of character
with, most of the homes in this area of substandard lots.
7. In considering this application, the Board also finds
and determines: (a) the relief as granted will not in turn
increase dwelling unit density, since only one principal
dwelling use will continue as exists; (b) inspection of the
site and neighborhood and review of the record find that the .
practical difficulties claimed, are sufficient -to warrant a *
grant of a three-foot variance; (c) there will be no
'substantial change in the character of the- immediate
neighborhood or detriment to adjoining properties;
(d) the difficulties cannot be obviated reasonably with some
method feasible to the appellant to pursue, other than a
variance; (e) that it is not unusual for parcels having. a lot
area of less than 16,000 sq. ft. to necessitate minimal relief
in side yard setbacks; (f) that in view of the manner in which
Page 14 - Minutes
Regular Meeting of January 14, 1993
Southold Town Board of Appeals
the difficulties arose, and in considering all the above
factors, the interests of justice will be served by granting the
variance, as applied.
Accordingly, on motion by Member Villa, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT a Variance for a reduction in the side
yard from ten ( 10) feet to seven (7) feet, as applied and shown
on the sketch under consideration, for a 10 ft. by 26 ft.
garage-storage addition at the southerly' side of the existing
dwelling.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Villa
and Wilton. (Member Dinizio abstained. ). This resolution was
duly adopted.
r
Page 15 - Minutes
Regular Meeting of January 14, 1993
Southold Town Board of Appeals
BOARD FINDINGS AND DETERMINATION
Appeal No. 414i:
Application of ALICE BENNETT for a Variance to the Zoning
Ordinance,- Article III, Section 100-33 (as amended December
1992) for the placement of an accessory garage in the front yard
area with' a setback at less than the required 60 feet in this
R-80 Zone District. Location of Property: 2725 Soundview
Avenue, Peconic, NY; County Tax Map Parcel ID *1000-68-1-10.
WHEREAS, a public hearing was held on January 14, 1993 , at
which time all those who desired to be heard were heard and all
statements were made a part .of the written record; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and r
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. The premises in question is located along the northerly
side of Sound View Avenue, at Peconic, Town of Southold, having a
road frontage of 197. 40 feet and 196.86 ft. frontage along the
Long Island -Sound. This parcel contains a total lot area of
approximately 5-1/2 acres.
2. The subject premises is improved with a single-family r
dwelling structure with addition as shown on the sketch map
prepared by Ward Associates, P.C. dated November 3, 1992. . The
dwelling is situated approximately 209 feet from the front
property line along Soundview Avenue -and 680, or' more, feet from
the high water mark along the L.I. Sound.
3. Article- III, Section 100-33 , as amended by Local Law
No. 33-1992, provides as subsection C:
C. In the case of a waterfront parcel, accessory
buildings and structures may be -located in the
Page 16- Minutes
Regular Meeting of January 14, 1993
Southold Town Board of Appeals
front yard, provided such buildings and
structures meet the front-yard setback requirements as
set forth by this code. . . .
4. The front yard setback provisions for this R-80 Zone
District -requires a minimum of 60 feet. In this appeal, the
applicant requests a variance to place a proposed free-standing
accessory garage building in the front yard at a distance at 48
feet from the front property line along Sound View Avenue and at
not less than 20 feet from the westerly side property line.
5. The reasons for requesting this variance at the time of
the filing the application on November 25, 1991, was due to the
fact that accessory buildings were required to be located only
in the rear yard (northerly yard area) , although there was an
amendment being discussed and proposed by the Town's Legislative
Code Committee. Finally, a public hearing was held on Decem-
ber 8, 1992, - andthe Local Law was adopted by the Southold Town
Board on-December 22,- 1992.
6. To 'locate the accessory building with a setback at 60.
feet or more would require the removal of several large oak
trees which are located in the front yard and bringing a
substantial amount of fill to the property. The area requested -
'. will not require. removal of large trees or filling, and is
compatible with the location of other similar buildings in the
front area with the same or lesser setbacks to the road.
7. The curvature .(radius 716. 89 feet) of the road in an
.east-south direction also lends to .the difficulties created and
affects .on visibility if the building were' to be located further
east in the front yard area.
8. It is the opinion of the Board Members that the areas
chosen are not suitable, under the circumstances, and find that
there are other areas which may be less offensive in general.
10. Also in considering this application, the majority of
the Board finds:
ested. is not
substantial in relation toa the hnew erequirelief ments, being a set
reduction from 60 feet to 48 feet; s back
furnished b a (b) that the reasons j
y appellants are sufficient to warrant a grant of the
variance requested; (c) there are no other alternative
locations which would be more feasible for appellant to pursue,
under the circumstances;
(d) the location requested is not out
-of character of the immediate area;' (e)
. I
Accordingly, on motion by Member Doyen, seconded by
Member Wilton, it was
i
Page 17- Minutes
Regular Meeting of January 14, 1993
Southold Town Board of Appeals
"RESOLVED, that the relief requested to reduce the setback
of a proposed 30 x 34 ft: accessory garage in the front yard
area from 60 feet to 48 feet, under Appl. No. 4141 in the Matter
of the Application of ALICE BENNETT be and hereby is APPROVED,
1. The side yard setback be not less than 20 feet;
2. The height not exceed feet from ground to the top of
the roof (1314" mean height shown on the 11-6-92 plan prepared
by Ward Associates, P.C. ) ;
3. Use shall be for storage of three cars, as requested,
and incidental storage purposes;
4: No plumbing;
5. Electric shall be permitted;
6. No cooking or habitable facilities;
7. All other provisions of the code must be complied with.
Vote of the Board: Ayes: Messrs. Doyen, Wilton and
Goehringer. Nayes: Members Villa and Dinizio. (Objection to
variance relief to this newly adopted local law which was
intended to provide for locations other than the waterfront side
of the property, provided the principal setbacks are adhered
to. ) This resolution was duly adopted (3-2) .
Page 18- Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
Agenda Item *II. UPDATES/REMINDERS:
A. Town Scoping Session Re: Beachcomber Motel, Aliano and
Krupski parcels (2) at Cutchogue. 1/22 at 2:00 p.m.
ZBA to attend.
B. Legislative Meeting - second meeting to be 1/27-7:30
C. Zoning & Planning - second meeting to be 1/26 7:30 p.m.
D. ZBA - 7: 30 p.m. The following dates were set for 1993
by the Chairman for Regular Meetings by the ZBA:
Thursday, January 14, 1993
Tuesday, February 23, 1993
Thursday, March 18, 1993
Thursday, April 22, 1993
Thursday, May 20, 1993
Tuesday, June 22, 1993
Thursday, July 22, 1993
Thursday, August 19, 1993
Thursday, September 23, 1993
Thursday, October 21, 1993
Tuesday, November 16, 1993
Thursday, December 9, 1993
Agenda Item .#III. SEQRA - On motion made by Chairman Goeh-
ringer, seconded by Member Doyen, the following Unlisted SEQRA
Declarations were adopted and accepted (see forms prepared and
attached for reference) :
1. Appl. No. 4142 - Adam Associates Request for
acceptance of ROW improvements and standards
under Town Law. Parcels off the E/s Cox Neck
Road, Mattituck. Property is zoned R-80.
2. Appl. No. 4143 - George Spanos, 1100 Main Street,
Greenport. 'Request to replace gasoline tanks
in the front yard area. Property is zoned R-40
Corner Champlin Pl. and Main St. , Greenport.
3 . Appl. No. 4144 - Spectacle Ridge; Inc. Request
for second Residential Unit on one lot, reserving
minimum amount of land area for possible
conveyance. Property is zoned A/C.
Vote of the Board: Ayes: Doyen, Dinizio, Villa, Wilton
and Goehringer. This resolution was duly adopted.
Page: 19 - Minutes - ZB
January 14, 1993 Regulf Meeting
APPEALS BOARD MEMBERS 3 r, SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman ZZ
Town Hall,53095 Main Road
Serge Doyen Jr.
Jan.�s Dinizio,Jr. , »� P.O.Box 1179
' � .� Southold,New York 11971
Robert A. Villas
y Fax (516)765-1823
Telephone (516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION Nov . 30 , 1992
Appeal No. 4142 Project Name: Adam Associates.
County Tax Map No. 1000= 1 13- 12- 10 . 1 , 10 . 2 , 10 . 3
Location of Project: E/s Cox Neck Rd . , Matti tuck., NY
Relief Requested/Jurisdiction Before This Board in this Project:
Recognition of right-of-way improvements for emergency and other
vehicles under NY Town Law , Section 280-a
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.
{gam} 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
Page 20 - ZBA Minutes
January 14, 1993 Regur Meeting
APPEALS BOARD MEMBERS - • �` `:a%� SCOTT L. HARRIS
Supervisor
Gerard P.Goehringer,Chairman _� S. :.,•:, t�
Ser a Do en Jr. `�= ' Town Hall,53095 Main Road
g Y ;� ;._ +
James Dinizio,Jr. P.O.Box 1179
Robert A.Villa ' "�� Southold,New York 11971
, Ich�ard S Wilton Fax (516)765-1823
e ep one( 16)76571809 Telephone(516)765-1800
BOARD OF APPEALS Dec. 7, 1992
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 4143 Project Name: George Spanos •
County Tax Map No. 1000-.34-3-22
Location of Project: 1100 Main St. & Champlin Pl . , Greenport, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Reinstate- gas 'sales at this non-conforming service station, since 1989 zoned R-40.
The principal use is repair and servicing of motor vehicles with sales of oil & related
This Notice is issued pursuant to Part 617 of the implementing products.
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
Page 21 - ZBA Minutes '
January 14 , 1993 Regular Me
APPEALS BOARD MEMBERS :. ~ SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
sii>r.
Serge Doyen,Jr.
Town Hall,53095 Main Road
s� P.-O.Box 1179
James Dinizio,Jr. !� `
Rhobe�t�1. 11� Southold,New York 11971
Ri c ar ton -� Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD Dec. 7, 1992
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 4144 Project Name: Spectacle Ridge Inc.
County Tax Map No. 100o-. 84-1-2
Location of Project: 14990 Oregon Rd. , Cutchogue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Allow two dwelling uses with 160,000 sq. ft. allotted for second residence use
Total land area is 20+- acres , of which 16+- will be preserved for farmland. A/C 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
Page 22 - Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
• � ' 1 J r
da Kowals i
roved - Gerard-P. doehrina
Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE 7�Z1--i3 HOUR 9 W 4itJ
Aown Clerk,
Town of Soutl old