Zoning Board of Appeals

Tuesday, August 15, 2017

Regular Meeting – 5:30 PM

AGENDA

 

I.              Flag Salute

 

II.              Call to Order

5:30 PM Meeting called to order on August 15, 2017 at Municipal Building, 55 Main Street, Sag Harbor, NY.

 

 

III.              Minutes Approval

 

 

 

IV.              Old Business

 

1.              Maritime Properties, LLC 20 Bay Street SCTM: #302-2-2-24

                 The recently submitted plans have changed such that the required number of variances

                   for the project has been reduced to one, that being for the rear yard setback (as

                   previously noticed for 16.9 ft.).  The applicant will invoke Section 300-9.8 of the code

                  whereby the portion of the structure currently utilized for a commercial use will be

                  converted to residential use, slightly reducing the GFA of the building.

Motion Made By ________________

Motion Seconded By _____________

 

V.              New Business

 

1.              Don Lemon 54 Rysam Street SCTM: # 302-2-2-45

                   The building permit application for the construction of a 264 sq. ft. DETACHED

                   GARAGE at the above-referenced premises has been denied for the following reason(s):

                   a.) The SIDE YARD SETBACK for the proposed garage is 10 ft. where 15' is required,

                        therefore, relief of 5 ft. is required.

                   b.) The SEPARATION BETWEEN the proposed GARAGE which is connected to the

                         HOUSE by an open breezeway is 6 ft. where 10 ft. is required, therefore, relief of

                         4 ft. is required.

                   COMMENTS: The applicant will remove a portion of the existing patio to maintain the

                                           pre-existing non conforming total lot coverage.

                  Under Section(s): 300-4.3 & 300-9.1 A (1) of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

2.              Gilman & Siegler 9 Green Street and 290 Main Street SCTM: #903-3-1-28.3 and 903-3-1-25

                   The building permit application for a LOT LINE MODIFICATION in the R-20

                   DISTRICT at the above-referenced premises has been denied for the following reason(s):

                   a.) The required minimum LOT WIDTH to create a lot is 100 ft. The proposed lot width

                         for 9 Green Street is 45 ft. and the proposed lot width for 290 Main Street is 50 ft.,

                         therefore relief for 55 ft. and 50 ft respectfully is required.

                   b.) The required LOT AREA is 20,000 sq ft. to create a lot. The proposed lot area for

                         9 Green St. is 15,490 sq ft. and the proposed lot area for 290 Main St. is 9,709 sq ft.

                         therefore, releif of 4,510 sq ft. and 10,291 sq ft. respectfully is required.

                   c.) The proposed BUILDING COVERAGE for 290 Main St. is 29.9% where 23.7%

                        exists (pre-existing/nonconforming), therefore relief for the additional 6.2% of building

                        coverage is required.

                  d.) The proposed TOTAL LOT COVERAGE for 290 Main Street is 35.9% where 30.3%

                        exists (preexisting/nonconforming), therefore, relief for the additional 5.6% of total lot

                        coverage is required.

                   COMMENTS:

                                       - The proposed coverages for 9 Green St. are compliant

                                       - The accessory structures are not dwellings as per the certificated of

                                          occupancy on file, hence a double density is not created on the proposed

                                          lot at 9 Green Street.

                  Under Section(s): 300-4.3 of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

3.              Susan U. Halpern 130 Madison Street SCTM: #903-3-3-44

                   The building permit application for the construction of  two (2) STORY ADDITIONS at

                   the above-referenced premises has been denied for the following reason(s):

                      a.) The proposed additions on the north and south side of the residence protrude into

                           the SKY PLANE (pyramid) 13 cu. ft. and 950 cu. ft., for a total of 963 cu. ft.,

                           therefore, relief is requred for the same.

                      b.) The SIDE YARD SETBACK for the proposed addition on the south is 8.1 ft. where

                           12.6 ft. is required, therefore, relief of 4.5 ft. is required.

                  COMMENTS: This property is subject to the four tenths rule in determining side yard set-

                                          backs.

                 Under Sections: 300-9.3 D, 300-4.3. 300-10.3 C (1) of the Sag Harbor Villae Code.

Motion Made By ________________

Motion Seconded By _____________

 

4.              Greystone Development, LLC 2 West Water Street SCTM: #903-2-2-50 & P/O 4.2

                   The building permit application for the construction of a 13 UNIT APARTMENT BUILD-

                   ING with underground parking at the above-referenced premises in the OD-Office District

                   has been denied for the following reason(s):

                      a.) The CONVERSION of FOUR COMMERCIAL UNITS TO RESIDENTIAL

                           APARTMENTS require a LOT AREA of 7,260 sq ft. per unit for a total of 26,040

                          sq ft.; therefore, a LOT AREA VARIANCE is required for that amount.

                     b.) The proposed REAR YARD SETBACKS (street side) in two locations (property has

                           two rear yards) are 0 (zero) ft. and 11.1 ft. where 40 ft. is required; therefore,

                           variances of 40 ft. and 28.9 ft., respectfully, are required.

                     c.) The proposed SIDE YARD SETBACKS on the east and west side are 3 ft. each

                          where a minimum of 5 ft. with a total TOTAL SIDE YARD of 20 ft. is required;

                          therefore, relief is required for 2 ft. and 17 ft. respectfully.

                     d.) The proposed HEIGHT of the building is 48.5 ft. where a maximum of 35 ft. is per-

                           mitted; therefore, relief is required for 13.5 ft.

                     e.) The total NUMBER OF STORIES proposed is THREE, where two stories are per-

                          mitted; therefore, relief is required.

 

                 COMMENTS: The existing structure is to be demolished. It has been determined that eight

                                          apartments, four commercial spaces and the required parking for the same

                                          are grandfathered for the site. The proposed lot line modification will

                                          increase the lot area such that the additional density of one apartment will

                                          be permitted. This Turn-Down letter is conditioned upon the proposed

                                          lot lines being approve.

                 Under Section(s): 300-7.3 of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

VI.              Decisions

 

1.              Julane Properties, LLC 39 Howard Street SCTM: #903-3-1-98

                  The building permit application for an ADDITION, SWIMMING POOL AND DECKS at 

                  the above-referenced premises has been denied for the following reason(s):

                  a.) The proposed SKY PLANE protrusion on both side elevations of 2820.9 cu. ft. (total)

                       requires relief.

                  b.) The proposed GROSS FLOOR ALLOWANCE (GFA) OF 2748.9 SQ. FT.

                       surpasses the allowed GFA of 2551.76 by 197.14 sq ft.; therefore, relief is required for

                       the same.

                  c.) The proposed BUILDING COVERAGE is 22.9% (1579.8 sq ft.) where 20% (1379.4

                       sq. ft.) is allowed; therefore, relief for the additional 2.9% of building coverage is

                       required.

                  d.) The proposed TOTAL LOT COVERAGE is 29.9% (2062.2 sq ft.) where 25%

                        (1724.25 sq ft.) is allowed; therefore, relief for the additional 4.9% of total lot coverage

                        is required.

                  e.) The proposed SIDE YARD SETBACK (north) of the SWIMMING POOL is 13.6 ft.

                       where 15 ft. is required; therefore, relief of 1.4 ft. is required

                   f.) The proposed SIDE YARD SETBACK (south) for the retaining wall (which is the

                       closest part of the principal structure to the property line) is 7.6 ft. where 10ft is

                       required; therefore, relief of 2.4 ft. is required.

                   g.) The proposed SIDE YARD SETBACK OF THE DECK STEPS (north) is 8.75 ft.

                        where 10 ft. is required; therefore, relief of 1.25 ft is required.

                   COMMENTS: The ZBA granted two previous decisions for this property but they were

                                            not acted on. This is a new project.

                   NOTE:  The four tenths rule applies on this property.

                   Under Section(s): 300-9.3 (D), 300-9.11, & 300-4.3 of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

2.              22 Suffolk LLC 22 Suffolk Street SCTM: #903-3-3-20.2

                  The building permit application for the placement of a relocated 338 sq. ft. COTTAGE

                   FOR CONVERSION TO A POOL HOUSE (acc. str.) WITH PLUMBING ON A

                   CELLAR at the above referenced premises has been denied for the following reason(s):

                   a.) The MAXIMUM ALLOWED size of an ACCESSORY STRUCTURE

                        CONTAINING PLUMBING is a 200 SQ FT POOL HOUSE; therefore,  relief of

                        138 sq ft. must be sought.

                   b.) A CELLAR is NOT PERMITTED beneath an ACCESSORY STRUCTURE;

                        therefore, relief is required for the same.

                  COMMENTS: The structure is being moved from an adjoining lot. The kitchen and

                  sleeping facilities are to be removed.

                  Under Section(s): 300-9.1(B) (6)(7) of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

3.              Estate of Ruth M. Frick (Greg Lukemire) 141 Redwood Road SCTM: #903-1-1-20

                  The building permit application for the construction of ADDITIONS at the above-

                  referenced premises has been denied for the following reason(s):

                  a.) The FRONT YARD SETBACK for the proposed FRONT PORCH is 27.7 ft. where

                       35 ft. is required; therefore, relief is required for 7.3 ft.

                  Under Section(s): 300-4.3 of the Sag Harbor Village Code.

Motion Made By ________________

Motion Seconded By _____________

 

VII.              Adjourment