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HomeMy WebLinkAboutZBA-03/10/1986 SPEC APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEI~..IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2~-, SOUTHOLD, L.I., N.Y. ll~?l TELEPHONE (516] 765-1809 MINUTES SPECIAL MEETING MONDAY, MARCH 10, 1986 A Special Meeting of the Southold Town Board of Appeals was held on Monday,__March 10, 1986 at 5:00 o'clock p.m, at the Southold Town Hall, Main Road~ Southold, New York 11971. Present were.: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and Joseph H, Sawicki, constituting a quorum of the members. (Absent were: Serge Doyen and Robert J. Douglass). The Chairman opened the~eeting at 5:10 p.m. and proceeded with the following agenda items: I. Review/discussion. Appeal No. 3458 - NORTH ROAD ASSOCIATES, pending division, Main Road, Orient. Members Grigonis and Sawicki were in agreement and authorized the Secretary to forward a written request to the Soil and Water Conservation District for their inspection and comments due to the varied elevations as indicated by letter of objection received March 3, 1986 from Mr. Edward A. Linker. Members Sawicki and Grigonis also asked that the applicant furnish proof of their right to use ~ight~of-way together with a survey or other document over abutting owner's land from the Main Road. III. Review/discussion. Appeal No. 3469 filed February 10, 1986 WARREN BRADY. No record was found of any 280-a approval for the access road off N/s Bergen Avenue, Mattituck, and it was suggested that additional information be furnished as to which roadway the applicant has legal use of, whether it is the Southold Town Board of Appeals -2- March 10, 1986 Special Meeting (Appeal No. 3469 - W. BRADY review, continued:) private right-of-way off Bergen Avenue, or the 50-foot right-of-way as shown on the Minor Subdivision #90 of March 14, 1974 for Stanley Sledjeski. No action was taken to schedule this a~.plication for a public hearing at this time. II. Review/discussion: Appeal No. 3464 - TED DOWD, proposed new dwelling~ 350 Rabbit Lane~ East Ma-rion'. The~r--~---~S in receipt of a written report from.~he S6~ a~nd Water Conservation D~strict~ copies of Which were forwarded to the applicant at his Florida address on March 52 1986. No action has been finalized as of this date with the Town Trustees concerning their appli_Fation, and no action was taken by the Board to s~hedule thi~9 matter for a hearing as yet. IV. Review/discussion: Appeal No. 3471 ~ NICHOLAS TStRKAS, Sound Avenue, Greenport~ to place new dwelling as previously applied under Appeal No. 3386 with insufficient setback from bluff alo~.g Long Island Sound~ The Cb~irma~ indicated he-would like to request an independent evaluation from a engineering firm in the ZBA's behalf concerning placement of the proposed structure within 100' of the bluff area. The board also indicated they would like to have a certified survey or other evidencing the fact that adjoining lots have dwellings closer to the bluff area than that proposed, as well as the exact distance ~equested from the bluff area [including_decks] prior to scheduling this matter for a public hearing_. V. Review/discussion: Appeal No. 3478 - BECKY JOHNSTON, 280-a for private right-of-way located off the north side of Oregon Road, Cutchogue, over premises pnesently of J. Bokina. The board members requested copies of deeds or other documentation evidencing proof of the applicant's legal access and conf~rming same with a survey prior to an~n~pection and report by J.W~ Davis. Upon receipt, an ~nspection/report is to be requested from Mr. Davis. Southold Town Board of Appeals March lO~ 1986 Special Meeting PENDING DECISION: Appeal No. 3346: Application of MARGERY D. BURNS for a Variance to the Zoning Ordinance, Article VII, S'ectfon 100-70(C)[1] for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 Main Road, Southold, NY, presently zoned "B-l" General Business, identified on the Suffolk County Tax Maps as District 1000, Section 61~ Block 01, Lot 008.1. Following deliberations~ the board took the following action: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application of MARGERY D. BURNS under Appeal No. 3446, and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areal and WHEREAS, relief was granted by the Southold Town Board on Novem- ber 7, 1985 pursuant to the provisions of Local Law No. 14-1985 in effect at the time of this application~ and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1, consisting of a total area of approximately one-half acre with 84.68' frontage along the southerly property line along the north side of the Main Road, Southold. 2. The subject premises is improved with: (a) a single-family two-story frame dwelling and (b) a separate two-story garage structure with apartment, for which a variance was received on June 15, 1978 under Appeal No. 2430~ and Building Permit No. 14242 was issued September 5, 1985. 3. By this application, appellant requests a Variance to Article VII, Section 100-70(C)[1] for permission to construct a 16' by 32' inground swimmingpool to be attached to the existing 'Southold Town Board of Appeals -4- March 10, 1986 Special Meeting (Appeal No. 3346 MARGERY D. BURNS decision, continued:) single-family, two-story frame structure with a five' wrap-around deck, leaving a setback from the westerly side property line from the deck at nine feet and erecting a fence enclosure, around the deck and pool structure, along the westerly property line and as shown by the February 10, 1986 sketch. 4. The premises in question is located in the "B-l" General Business Zoning District. tn considering this application, the board has determined: (a) the relief requested is unique~ (b) the relief requested is not substantial; (c) there will be no substantial adverse change to the character of this district since the premises are and have been used for residential purposes, and the swimming- pool is accessory and incidental thereto; (d) the public health, welfares comfort, conven~ence.~ order and safety of the town will not be affected by upholding this application~ (e) the spirit of the ordinance will best be served by allowing the variance, as conditionally noted below. Accordingly~ on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED~ to'GRANT the relief requested under Appeal No. 3346 for permission to construct inground swimmingpool with attached decks, and fence enclosure, accessory and incidental to the existing residential use of'the premises and not to be operated for gain or business purposes, SUBJECT TO THE FOLLOWING CONDITIONS: l. The deck and pool structure be constructed no closer than 9 feet to the west proper'ty line as applied; 2. The deck and pool structure not be roofed (enclosed) at any time; 3. There be no lighting that would be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Members Doyen and. Dou~glass were absent. This resolution was duly adopted. Southold Town Board of Appeals -5- March lO, 1986 Special Meeting PENDING DECISION: Appeal No. 3444: Application of JOSEPH AND FRANCES GRASSO for a Variance to 'the Zoning Ordinance, Article I't'I, Secti6n 100-32 a~ticle Xt, Section 100-119.2 for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-003. Following deliberations~ the board took the following action: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application'of JOSEPH AND FRANCES GRASSO under Appeal No. 3444; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this .application; and it is noted that there has been no public opposition, and WHEREAS, the board members have personally viewed and are familiar with the premises tn quest~on~ its Present zoning~ and the surrounding area; and - -' WHEREAS, the board made the following findings of fact: l. The property in question is bounded on the north by Great Pond, on the south by Soundview Avenue, on the west by premises now or formerly of Oliver, and on the east by premises now or formerly of Reckmeyer, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 06, Lot 003. 2. By this application, appellants request permission to locate a 12' by 20' accessory storage structure in the sideyard area with a distance of at least 25 feet from the front (southerly) property line, 15 feet east of the dwelling, 'and approximately 35 feet is requested from the edge of the pond. 3. The subject premises is presently improved with single- family, two-story frame dwelling under construction as permitted by Building Permit #14256 issued September 26, 1985, set back 35 feet from N.Y.S. Department of Environmental Conservation flags along edge of pond and wet meadow (1983), and set back 20 feet at i.ts closest point from its front (southerly) property line along Sound View Avenue. 4. For the record it is noted that the subject premises has Southold Town Board of Appeals -6- March 10, 1986 Special Meeting (Appeal No. 3444 - JOSEPH AND FRANCES GRASSO decision, continued:) b~en~the subject of prior appeals under: (a) Appeal No. 3286 for a 20-foot frontyard setback of the existing dwelling, and (b) Appeal No. FL-15 which denied a variance from the lowest eleva- tions 3.5 feet above mean sea level (basement floor with utilities). 5. Article XI, Section 100-119.2, sub-paragraph A(1) requires all buildings proposed on lots adjacent to any freshwater body shall be set back not less than seventy-five [75] feet from the edge of such water body or not less than seventy-five [75] feet from the landward edge of the freshwater wetland, whichever is greater. 6~ It is the opinion of the board that the freshwater wetland area i~ very close to the area of the proposed construction of the accessory storage shed~ and that the percentage of the relief requested is substantial in relation to the requirements. 7. It is also the opin~o~ of the board that a storage area could be located in an area closer to the existing dwelling with a setback of at least 20 feet from Sound View Avenue and in line with the northeast corner of ~he existing dwelling. In considering th~s appeal, the board finds and determines: (1) that this proposal ~s 9or consistent with those generally existing in the neighborhood and this project will create a ~ange~ (2) that the relief requested is substa_ntial in relation to the requirements; (3)~that the relief requested is not unique; (4) that there is a method more feasible to locate this structure farther from the freshwater wetlands; (4) the public health, welfare, comfort, convenience, order and safety of the town will be affected if this variance is granted; (5) the spirit of the zoning ordinance will not be observed by allowing the variance applied herein. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3444 in the Matter of JOSEPH AND FRANCES GRASSO to locate an accessory storage shed in the sideyard area, within 75' of freshwater wetlands~ BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. Southold Town Board of Appeals -7- March 10, 1986 Special Meeting PENDING DECISION: Appeal No. 3431: Application for GAIL'DESSIMOZ and~MICHAEL RACZ for Variances to the Zoning Ordinance~ Article XI, Secti6-h-~ l~nd 100-119.2 for: (a) permission to renovate and expand.exit%lng nonconforming cabin (guest cottage without kitchen facilities.) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition %o existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section ll2, Block 01, Lot 004. Following deliberations, the board took the following action: WHEREAS, public hearings were held on December 12, 1985 and then concluded on February 6, 1986, in the Matter of the Application of GAIL DESSIMDZ AND MICHAEL RACZ under Appeal No. 3431; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been public opposition as noted in the verbatim trans- cription of the hearings in this matter; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its existing structures~ present zoning (A-80 Residential and Agricultural), and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located along a private right- of-way known as Private Road #10, or Hallock's Lane, Mattituck, extending approximately 4098 feet north of Sound Avenue and thence in a westerly direction 153 feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 10003 Section 112, Block 1, Lot 4~ contains an area~of 1.940± acres and lot width of 124±.feet, and is improved with the following structures as shown by architectural plan dated January 2, 1986 prepared by Peix & Crawford Architecture: (a) single-family, one-story frame dwelling; (b) 12' by 22' garage located in the frontyard area; and (c) the subject 9' by 16' structure located in the rearyard area within 45' of the bluff area along the Long Island Sound. 3. By this applications appellants request permission to Southold Town Board of Appeals -8- March 10, 1986 Special Meeting (Appeal No. 3431 DESSIMOZ & RACZ decision, continued:) enlarge and renovate the existing 9' by 16' accessory structLre for sleeping quarters without kitchen or cooking facilities, and accessory and incidental to the existing single-family use of the premises and not to be operated for gain or rental/business purposes. 4. Appellants propose an enlargement of the subject accessory "cabin" structure of 250%, or 500 square feet, for a total square footage of 662.75 feet, at a height not to exceed 16' (exclusive of roof construction), as shown by architectural plan dated January 2, 1986 received January 6, 1986, to be located within 45 feet of the existing bluff area along the Long Island Sound. 5. The proposed first floor plan consists of an size of 20' by 20' for a bedroom, closet, alcove, bath, storage, entry porch areas, and enclosed porch projecting 7'9" by 11' wide along the northerly side; the proposed second floor plan consists of a bedroom, bath, closet, stairway, and open deck area. 6. For the record, it is noted that the structure in question is not on a permanent foundation and is supported by concrete blocks at the corners, and is shown on the Town's property assess- ment card as "O.B. , or outbuilding. 7. Although there is a Certificate of Occupancy for Noncon- forming Premises dated October ll, 1983 under No. Z-l1990, an affidavit has been submitted for the record from an adjoining property owner stating that the "cabin structure" was moved to its present location some 15 years ago, and later bathroom facilities were installed for swimmers. It may be questionable at this point in time due to the poor condition of this structure as to whether the use of same was continuously used and not abandoned for a two-year period of time. 8. For the record, it is also noted that a review and report has been made by the U.S. Department of Agriculture, Soil Conservation Service, dated December 23, 1985 indicating that erosion of the toe of the bluff slope could cause the entire bluff face to slide and erode away, and the building could be in danger of falling into the Long Island Sound (as is occurring at premises to the west). 9. It is the opinion of this board that the practical difficulties demonstrated by the appellants are not sufficient to warrant the granting of the variances requested under the circumstances. In considering this appeal, the board has determined: · Sout~old Town Board of Appeals -9- March 10, 1986 Special Meeting (Appeal No. 3431 - DESSIMOZ & RACZ decisions continued:) (a) that the relief requested is substantial in relation to the zoning requirements, being 250% of a variance from the provisions of Section 100-118, and more than 100% of a variance from the provisions of Section 100-119.2.; (b) that this proposal is not consistent with those generally existing in the neighborhood and there will be a substantial change in the character of this district; (c) that the practical difficul- ties demonstrated are not sufficient to warrant a granting of the relief requested; (d) that the public health, welfare, safety, order, convenience of the town will not be served by granting the relief requested; (e) that there is another method feasible for appellants to pursue other than a variance to provide additional sleeping quarters, within the main building, (f) that the spirit of the zoning ordinance would not be served by granting the relief as applied under Appeal No. 3431; (g) that the safety of the occupants of the structure in question will be endangered in the event of a change in the toe of the bluff or substantial erosion; (h) that the interests of justice would best be served by denying the variances in their entirety. Accordingly, on motion by Mr. Sawicki, seconded by Mro Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3431 in the Matter of the Application of GAIL DESSIMOZ AND MICHAEL RACZ to enlarge and renovate nonconforming "cabin" structure within 100 feet of the bluff along the Long Island Sound and in excess of 50% as provided by Sections 100-118 and 100-119.2 of the Zoning Code, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. Southold Town Board of Appeals -10- March 10, 1986 Special Meeting PENDING DECISION: Appeal No. 3443: Application for FREDERICK W. KOEHLER, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application for FREDERICK W. KOEHLER, JR. under Appeal No. 3443; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application~ and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, existing structures, and the surrounding area~ and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 6, consisting of a total area of 2.93 acres with 203.06' frontage along Old Harbor Road. 2. The subject premises is improved with a single-family frame dwelling, an 12' 24~ accessory (generator-storage) building as per Building Permit #4738Z issued May 8, 1970, 8± ft. by 8± ft. fenced area, and accessory 29' by 35' three-car accessory building as per Building Permit ~14160Z issued July 25, 1985 located in the front- yard area (without prior Z.B.A. application). 3. By this application, appellant requests a Variance to Article III, Section 100-32 for permission to locate an accessory 60' by 120' tennis court in the frontyard area approximately 200 feet from Old Harbor Road and 10 feet from the southerly side property line, as shown on survey amended December 4, 1985 prepared by Roderick VanTuyl, P.C. 4. Article III, Section 100-32 provides all accessory build- ings and structures or other accessory uses to be located in the Southold Town Board of Appeals -lt- March lO~ 1986 Special Meeting (Appeal No. 3443- F.W. KOEHLER, JR. decision, continued:) rearyard. 5. The premises in question is located in the "A-80" Residen- tial and Agricultural Zoning District. 6. It is the opinion of the board that the practical difficulties demonstrated by the appellant is not sufficient under the circumstances to warrant the granting of the relief requested since there is ample rearyard area to locate same. In considering this appeal, the board has determined: (a) that the relief requested is substantial in relation to the zoning requirements; (b) that the location of the tennis court in the frontyard area is not consistent with the area and there will be a substantial change in the character of this district; (c) that the practical difficulties demonstrated are not suffi- cient under the circumstances since the tennis court may be located in the rearyard area; (d) that the public health, safety, welfare, order, convenience of the town will not be served by the granting of same; (e) there is another method feasible for appellant to pursue other than a variance, (f) the spirit of the zoning ordinance would not be served by granting of the relief as requested; (g) that the interests of justice would best be served by denying the relief, as requested under Appeal No. 3443. Accordingly, on motion by Mr. Grigoni's, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3443 for permission to locate 60' by 120' tennis court in the frontyard area in the application of FREDERICK W. KOEHLER, JR. BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Members Doyen and Douglass were absent. This resolution was duly adopted. Southold Town Board of Appeals -12- March 10, 1986 Special Meeting PENDING DECISION' Appeal No. 3383: Application of ANNA PAc~FIC~ for Variances to the Zoning Ordinance, Articles: (a) III, Section 100'~'31, Bulk Schedule for permission to construct addition with an i~sufficien~_.sideyard setback~ (b) III, Section 100-31, Bulk Schedule for permission to construct addition which exceeds the maximum-perm~tte.d 20% lot coverage requirements~ (c) xI, Section lO0-119o2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold~ 'NY~ County Tax Map Parcel No- 1000-53- 05-034, ](also known as Lo~ #13, Map of_~,SOuthOl~ _~hore~'~ ~M~p No. 3853. Follo~%ng deliber~ons,~th6 ~o~'~d took the following action: WHEREAS,'~ a public hearing was held and conclude~ on February 6, 1986, in the Matter of the Application for ANNA PACIFZCO under Appeal No. 3383 filed July 18~ 198~; and WHEREAS~ the board ~as considered all testimony and documentation entered into the record concerning this a~plicatioQ; and it is noted that public opposition has been received as noted in the verbatim transcript of the hearing and record concerning this matter; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, existing stru~ures~ and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000~ Section 53, Block 05, Lot 034, consisting of a total lot area ~f t9~062 sq. ft~ with llO ft. frontage along the south side of Blue Marlin Drive at Arshamom~que~ Greenport, NY, and is known as Lot #13 on ~'Map of Southold Shores" filed August 29, 1985, File No. 3853. '-~ 2. By this application, appellant requests Variances for the construction of an 9~ddition to the rear of the house consisting of a woode.n deck,~ fence enclosure, pool, and gazebo: (a) with minimum total sideyards at 14~8 feet [which is established at 'the west side, and the east ~ide,_ a'~er~ setback [and 1.8' building eaves encroachmen~"onto the neighboring proPe_rty];_ (b) with a total lot coverage of 24% for a total of 4610 Eq. ft. in area; (c) with a setback of not closer than 43 feet from the wood bulk- head and 49 feet to the high_wa~er mark [52± feet from the pool Southold Town Board of Appeals -13- ~am~h~}~O~S~98§L~Sp~.clial,Meeting (Appeal No. 3383 - ANNA PACIFICO decisions continued:) wall to highwater mark]. 3. Article III, Section 100-31~ Bulk Schedule of the Zoning Code requires a minimum sideyard setback at the easterly side at 15 feet (and minimum at the west side at 10 feet), a minimum total sideyard area at 25 feet, and a maximum of 20% lot coverage for all structures. 4. Article XI, Section t00-119.2 of the Zoning Code requires "...all buildings located on lots 9djacent to tidal water bodies...shall be set back not less than seventy-five (75~) feet from the ordinary highwa~er mark of such tidal water body or not less than seventy-five (75') feet from the landward edge of the tidal wetland, whichever is greater ..... ~' 5. It is the opinion of this board that the practical difficulties demonstrated are not sufficient to warrant a grant- ~Zng ~of ail the ~ar~a'nces requested;~ bowe~-er, 'a reduction of the squ~[e.f~%age to 500 sq. ~.tL o~er th6 20% ~maximum=penmit~gd of t'he zoQ~Dg ~o~e. ~or 4312~.~9~ ft~ 'total)~ and a reduction of the east s%~d~yard setback~_~o ]~ 8,, at the northeast c-~-rner of the e~stfng.]~ck ~allo~ng ~ ~ ~:~k) an~TM at the southeast corner of the e~n9 deck ~as exists)i and a straight line dramn on an an.g]e coq.n.eCting"these t~o points ~to allow a walk- Way from.the east~sfde of the dwe]]~ng to the pool and deck a~.e~n ques.t~)~o.u]d not be ~sonab]e U]]_d~r~.~e circu~i' stances..___ In considering this appea]~ 'the board f~nds and dleterm~nes~ (a) that the relief as r~Mes~ed ts substa~.$ial in re/latiOn to the zoning requi~9~gntS~ ~ng a'~ari~nce of 20~_ over the requirement for total tot co~.ra§e~ being more than 35%' of a va~i. ance ~rom-the sid~yard requ~rements;~.an~ being a variance of more than 40% of the wetland~setback requirements; Ib) that a reauction as decided herein is not unreasonable under the circumstances; (c) that there is no other method feasible for appellant to pursue other than a variance; (d) that the ~ublic healt~, welfare~ safe'ty, order and convenience of'the t~wn will best be served by allowing t'he variances as ameQ~ed 'by this ~aF~ (e~' that by allowing the ~ariances as amended by this board, a substantial chapge would not be created in the character of this neighborhood; (f) that the spirit of the zoning ordinance and Southold Town Board of Appeals -14- March 10, 1986 Special Meeting (Appeal No. 3383 - ANNA PACIFICO decision, continued:) the interests of justice will best be served by granting the variances as amended and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawick~, it was RESOLVED, to GRANT relief applied under Appeal No. 3383 in the Matter of the Application of ANNA PACIFICO, SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: 1. That the northeast corner of the deck be reduced to a minimum setback of 16L8" from the property line to allow for a walkway/deck of three feet in width, and that a strai..ght angle be cut (connecting the northeast corner to the southeast corner of the deck) to a minimum of 7' from the proper'ty line at the southeast corner (to allow for a walkway %o the pool and rear deck areas from a side entrance of the dwelling); 2. That the total lot area over the maximum-permitted 20% (3812 sq. ft.) shall not exceed 500 sq. ft., for a total lot coverag~e of 4312 S_q_~ ft. 3~ That a fi-nal survey be furnished to the Building Inspector and Board.of Appeals ~ertifying compliance with the above. Vote of the Board: 'Ayesz Messrs. Goehringer~ Grigonis and Sawicki. (Members Doyen and'Douglass were absent..)_. This resolution was duly adopted. PENDING DECISIONz Appeal No~ 3448: -'Appli-cation of RIVERSIDE 'HOMES, INC. for a Variance to the Zoning Ordinance, Article II'~, Sectio~lk Schedule, for permission to loca'te new dwelling with insufficignt front and rear yard setbacks. Loc~tion of Prop~?ty: East Side of Private Road (O'ff the south side of Soundview A~nue)~ _~econic, NY; identified on the Spffolk County Tax Maps as District lO00, Section 59, Block 9~ Lot 18o Following deliberations, the board took the following action: WHEREAS, a public heari'ng was held and concluded on February 6, 1986~ in the Matter of the Application RIVERSIDE HOMES~ INC. Under Appeal No. 3448; and --- Southold Town Board of Appeals -15- March 10, 1986 Special Meeting (Appeal No. 3448- RIVERSIDE HOMES decision, continued:) WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its presenting zoning, and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in questio~ is identified on the Suffolk County Tax Maps as District lO0~: Section 59~ Block 9, Lot 18, and is located along the east side of a private right-of-way 102 ~eet south of Sound View Avenue at Southotd~.New York° 2. The subject premises Cs vacant land and consists of a total area of 15~415 sq. ft~ with 150r frontage along the private road and an average depth of 102.34 feet. 3. By this appli'~ation~ appellant requests permission to locate a s~ingle-family dwelling_with an insufficient frontyard set- back~ at not les~_than 30 feet and insufficient rearyard setback at not less than 28 feet, as shown on survey dated December 27~ 1984, prepared by Young. and Young~ 4. Article III~ Sect~ion lO0~3t, Bulk Schedule of the Zoning Code requires a minimum front~.~rd..~etback of 35 feet, (or the average of the established within 300 feet on th~-same side of the street, per Section 100-33)~ and requires a minimum rearyard setback of 35 feet~ for lots located in this "A" Residential and Agricultural Zoning District. 5. It is the opinion of the board that sufficient practical difficulties have not been demonstrated to warrant a granting of the variances as applied; h6wever, a reduction f~r a 32~ minimum front yard and a 30_~ minimum rearyard would not be unreasonable under the circumstances~ In considering this appeals, the board finds and determines: (a) that the relief as g~t~.~ is not substantial in relation to the requirements~ being ~0-15% of a variance; (b) that the circumstances are unique since ~bere is a dwelling established at premises to the north with a frontyard setback at 31± feet at its closest point; (c) that the 9ublic he~lt'h, welfare, safety, order and convenience of the town w~ll best be served~.by allowing the variance as amended by this board"; (d) that by allow~gg the Southold Town Board of Appeals =16- March 10, 1986 Special Meeting (Appeal No. 3448 - RIVERSIDE HOMES decision, continued:) relief as amended below, a substantial change would not be created in the character of this neighborhood; (e) that the spirit of the zoning ordinance and interests of justice would best be served by granting the variances as amended and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief applied.under~Appe.al No. 3383 in the.Matter.of.the Application of'RIVERSIDE HOMES,~'~NC., SUBJECT~TO THE'FOLLOWING'CONDITION~'AND LIMITATIONS: 1. That there be 'a minimum frOnty~d setback at not less than 32 feet; 2. That there be a m~nimum rearyard setback at not less than 30 feet; That there be no further front or rear yard reductions; 4. Should the Building Inspe-~tor, 'after his inspection, require referral to th~ board fgr New York Town Law~._Section 280~a approval~ 'a formal appl%cation m~t be"file~ and finalized prior to the ~ssuance Rf a~.~Certilficate of Occupancy fon~any new ~constru~ion. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doxen and'Douglass were abSent.)This resolution was duly adopted. Southold Town Board of Appeals -17- March 10, 1986 Special Meeting PENDING DECISION: Appeal No. 3454: Application of ALICE D. CURRIE for a Variance to the Zoning Ordi- nance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient rearyard setback at 8515 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-6-19.1. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application Of ALICE D. CURRIE under Appeal No. 3454; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this ~pplication~ and it is noted that there has been no public opposition;__and WHEREAS~ the board member~-have personally viewed and are familiar with the premises in question~ its presentin~rzoning, and the surrounding area~ and WHEREAS., the board made the following findings of fact: 1. The property in question-'%s identi"fied on th'~ Suffolk County Tax Maps as Distr~ct IOOQ~ Section 59, Block~6~ Lot 19.1, a~d is located along the northerly side of Sound View Avenue, Southold, with a frontage of 96~5'0 feet (to the center line of 25' wide right-of-way), a~grage lot depth of 109~25 feet, and lot area of 10,493 sq. ft~ 2. The subject premises ~s improved single-family, one-story frame dwelling set back approximately 60 from the front (southerl.y) property ]~ne~ '26 feet from the wes~.~propgrty ~ine~ 44~ feet from the east.property line, and 24~5~ feet from the northerly property line. 3. By this appl~cation~~appellant requests permission to reduce the most northerly yard setb~ack for the Pnpposed construc- tion of a 13~ deck exte~%on as shown '~y the sketch submitted with this ~application reducing the northerly setback to not less than 11~5-12.5~ feet~ A]so~ ~e proposed d~k extension will be located a~proximately 42 feet from the N~Y'.S.D.E~C. wetland "flagged" area along_Gr~at Pond~ 4. For the record, it is noted that this lot has been the Southold Town Board of Appeals -18- March 10, 1986 Special Meeting (Appeal No. 3454 - ALICE D. CURRIE decision, continued:) subject of prior variances: (a) under Appeal No. 33 rendered October 24, 1957 of Douglass I and Lawrence Currie in a proposed division of land into two lots of 11,400± sq. ft. each; (b) under Appeal No. 3321 rendered March 7, 1985 re-defining the lot lines decrease Lot #3 from 28,000 sq. ft. to 11,809 sq. ft. and increasing Lot #2 from 11,400 to 29,000± sq. ft. 5. It is the opinion of the board that the deck construc- tion as proposed is not unreasonable and the board does agree with the reasoning of the applicant. In considering this appeal, the board also finds and deter- mines: (a) that the relief requested is not substantial in relation to the requirements; (b) that the circumstances are unique; (c) that the public health, welfare, safety~ order and convenience of the town w~]l best be se[red by allowing the variance; (d) that~by allow.~ng the requested relief~ a substantial change would not be created in the c~ar~cter of this neighborhood~ (e) that the spirit of the zoning ordinance and interests of justice would best be served by allowing the variance, as indicated below. Accordingly, on motion by Mr~ Goehringer, seconded by Mr. Grigonis~ it was RESOLVED, to grant the relief requested under Appeal No. 3454 to construct a ]3~ deck extension with reduction in yard setback from the norther~ly property line as ~Pplied in the Matte~-of.the Application o~ALICE D.' CU~R.I..E~,'_SUBJECT TO THE FOLLOWING CONDtTIONS~ 1.~ ~'hat t'he deck remain open and unroofed at all times (not to be enclosed); 2. That the prov%s~ons of Column ~'A" of the Bulk Schedule of the Zoning Code shall ~pply'tO this parcel in making future determinations I~ath~r ~an Column A-80).. Vote of the Board: Ayes~ Messrs. Goe~nger, 'Grigonis and Sawick%. (Members Do~§lass and Doyen were 9bsent.) This resolution was duly adopted~ Southold Town Board of Appeals -19- March 10, 1986 Special Meeting PENDING DECISION: Appeal No. 3196: Application of VIRGINIA HAIRSTON for Variances to the Zoning Ordi- nance, Article III, Section lO0-~ulk Schedule, for approval of two parcels (with existing dwellings) having insufficient area~ width and depth. Location of Property: West Side of Carroll Avenue, Peconic, NY~ identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 10. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Ap~plication Of VIRGINIA~HAIRSTON under Appeal No. 3196; and WHEREAS~ the board has considered all testimony and documentation entered into the record concerning this ~p.plication] and it is noted that there has been no public opposition; ~pd WHEREAS, the board'members have personally viewed and are familiar with the premises tn question~ existing structures, and the surrounding area; and WHEREAS, the board made the following findings of fact: I. The property ~n question i.s ~de~'tified on the "Suffolk County Tax Maps as District lO00~ Section 74~ BLock 33 Lot 10, and is located along th~ westerly s~de of Carroll Avenue~ approximately 262 feet south of C.R. 48_, at Peconic. 2. The subject premises ~ontains a total area of l~501 acres (65,427 sq. ftc) with 288 ft. frontage along ~Carroll A~enue and is located in the Reside~nt~al and Agricultural Zoning pistrict. 3~ By this appli]cat~on~ appellant proposes a set-off division of land with ~nsuff~cient lot area and width as follow~s:~.~.] (a) Lot #1 of 20,424 sq~ ft. ~n area an~9~~ wid~h~~ wit~ an.~existing single-family one-story frame house set back 57± feet from the front propen~y line along Carroll Avenue; (b) Lot #2 of 45,003 sq. ft. in area and 193~ width, with an existing two-story single- family frame house set back approximately 57' from Carroll Avenue and 24 .feet from the proposed d~v~sion line~ and an acce.~ssory- 10' by 13~~ storage shed proposed to be located 3' from the division line. 4. It is noted for the record that a Certificate of Occupancy of Nonconfe.~m~ng Premi~ses #Z]3922 ~asL~ss~ed.~Oc~oBe~ lO, Sout~old Town Board of Appeals -20- March 10, 1986 Special Meeting (Appeal No. 3196 VIRGINIA HAIRSTON decision, continued:) 1985 and that the subject premises does have separate sewage systems and water wells for each dwelling. 5. It is also noted for the record that by letter dated October 23, 1985, the Southold Town Planning Board has recommended an alteration in the proposed division line to increase the size of proposed Lot #1 and decrease the size of proposed Lot #2, and to which this board agrees. 6. It is the opinion of this board that in view of the circumstances of the existing dwellings~ separate sewage systems and water wells and viewing the area of the existing parcels to the south of the L,I.R.R.~ applicant's reasoning is not unreason- able and ~s unique. In considering this appeal, the board also finds and determines: (a) the practica]~_difficulties.are .sufficient to warrant a granting of the variance; (b) the circumstances are unique in that there are two existing dwellings with separate sewage systems and water wells; ~)..~there are parcels of a similar or smaller size existing immediately to the south [along pnoper'ty of_the L.I~R~,R.; (d) that in view of the manner in which the difficulty arose, there is no other method feasible for appellant to p~ue other than a variance; (e) .the gnanting of th~s variance as amended will not change the character of th'~ district~ ~f) the grantin.g of this variance will not be detrimental to a~jo~ning prope[ti~; (g) the relief requested will not cause an effect of any ~ncreased popu- la"Lion density; (h) the public health~ safelty and welfare of the public and the interests of j~stice will be served by granting the application as amended and indicated below. Accordingly-, on motion by Mr. Goehringer, seconde~ by Mr. Grigonis~_'i~% was RESOLVED~.the relief for %nsuff~cient lot area and width BE AND HEREBY IS GRANTED_under~App~I No~.3196 in the Matter of the Application_of.lVIRG~A HAIRSTON~ SUBJECT~TO THE FOLLDWING CONDITIONS AND LIMITATIONS~ ' - '---~- ~ 1. That t-~e div%sion ~ine be placed not closer than four feet to the south of the existi, ng ~shed" structure, providing for a minimum lot w%dth of llOm feet and minimum lot area of 25,660 sq. ft. for propos~d.~ot #1~ and 2o That the subject d~¥i]sion line be placed to allow for a minimum northen'ly ~deyard setback of the two-story ~dwelling on proposed Lot #2 to be 15 feet~ p~ovidi, ng for a minimum lot 'Southold Town Board of Appeals -21- March..lO~ 1986 Special Meeting (Appeal No. 3196 VIRGINIA HAIRSTON decision, continued:) width of 175 feet and minimum lot area of 39,985 sq. ft.; and 3. The uses of each parcel shall be limited to single- family uses as provided by Article II~, Section lO0-30(A) of the Zoning Code; and 4. That the provisions of Column ~'A" of the Bulk Schedule of the Zoning Code shall apply to this property in the future; 5. That there be no further tot area or width reductions to less than that granted by this..apptication~ 6. Applicant shall fu-rnish a f~nal survey certified by a licensed surveyor or ~.n~ineer indicating compliance with all of the above and all setbacks of alt structureE.~ lot sizes, etc. Vote of the Board: Ayes: Messrso Goehringer, Grigonis and Sawicki. (Members Doy.en and Douglass were absent.) This resolution was duly adopted. VIII. PUBLIC HEARINGS FOR MARCH 13, 1986: M~ion was made by Mr. Sawicki, seconded by Mr~ Grigonis, to accept the Legal Notice of the following Hearings as prepared by Linda Kowalski and published in the Long Island Traveler-Watchman and Suffolk Times:, 7:30 p.m. Appeal No~ 3432 of JOHN AND JOYCE HOLZAPFEL. Recessed Hearing in the Matter 7:35 p.mo Appeal No. 3457 - RALPH AND LUCILLE STOCKERo Variances to construct new dwelling: ~ for excessive lot coverage and (2) for reduction in the _required setback from bulkhead and tidal waters to less than 75 feet, 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport. 7:40 p.m. Appeal No. 3452 PAUL FORESTIERI for Variances to locate new dwelling with insufficient: (1) frontyard setback (2) rearyard setback~ East End of Sound View Avenue (S/e Fasbender Avenue), Peconic; Bailey Park Subdivision Lots 1-5, inclusive. 7:45 p.m. Appeal No. 3470 ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100~31, Bulk Schedule for permission to construct a~dition of 190± sq. fto in area which will exceed the maximum-permitted lot coverage requirement of 20%, 17195 Main Street~ New Suffolk. 7:50 p.m. Appeal No. 3447 PUDGE CORP~ for a Special Excep- tion for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing establishment; food processing; packaging Southold Town Board of Appeals -22- March 10, 1986 Special Meeting (Public Hearings for 3/13/86, continued:) of machine parts to be shipped; such uses as allowed in this C-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63- 01-10. 7:55 p.m. Appeal No. 3459 - 125-127 MAIN ST. CORP~ (MILLS & CO.) for a Special Exception to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Indus= trial Zoning District, 74100 Main Road~ Greenport; 1000-4§-06-006. 8:00 p~m. Appeal N~'o 3465 - VELIMIR AND HEDA~VRANKOVIC for a Variance for apprQ.yal_of the construction of second-story deck addition with ~n inE~fficient frOntyard setback, 1624 Sandy Beach Road (a/k/a 55 Bay Ro.~d)~ Greenpor~ 8:05 p.m~ Appeal No. 3460 - MICHAEL J~ ~PERLMUTTER, M,'D~ for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and ad~tion for accessory home occupation use (physician's office) in excess of maximum permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Hole Creek Estates, Filed Map 4256; 1000-115=16-15~ 8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for Variances for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division~ Corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck; 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 - DAVID M. JOHNSON for a Variance to construct addition with an insufficient sideyard setback and in excess of maximum-permitted 20% lot coverage, 385 Corey Creek Road, Southold; 1000-87-5-13o 8:35 p.m. Appeal No. 3463 - EDMUND PRESSLER for a Variance to utilize premises of 69,912 sq. ft. in area as a continuing nonconforming two-family dwelling and add twe retail sales/office uses in this "B-I" General Business Zoning District; N/s Main Road~ Southold; 1000-63-3-26. 8:45 p.mo Appeal No. 3455 - KATHLEEN VARANO for a Variance for a clarification and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2~ 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. LQcation of Southold Town Board of Appeals -23- March 10, 1986 Special Meeting (Public Hearings for 3/13/86 continued:) Property: 6600 (or 6750) Indian Neck Road, Peconic, NY~ County Tax _Map Parcel No. 1000-086-07-004. _ 8:55 p.m. Appeal No. 3421 - Recessed Hearing - ESTATE OF JOSEPH ZIELONKA. 9:05 p.m. Appeal No., 3451 - BEDELL WINERY/VINEYARDS for a Special Exception for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road Cutchogue; 1000- 85-02-10. 9:10 p.m. Appeal No. 3456 - RICHARD AND ANITA WILTON for a Variance for approval of proposed lots having insufficient area, width and/or depth in this pending division of land_: E/s Queens Street, Greenport; 1-000-40-3-6. 9:20 p.mo Appeal No. 3466 - GREGORY SIMONELL] for a Variance for approval of proposed lots having insufficient area and width in this pending division of land, located at the East and South Sides of Grand Avenue, Mattituck; 1000-107-02~004. 9:25 pom. Appeal No. 3475 - JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to New York Town Law, S~ction 280-a over a private right-of-way located off the South Side of Old North Road, Southold (premises presently of Schaefer) identified as 1000-55-2-4. 9:30 p.m. Appeal No. ~3453 - SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance for approval of proposed three lots having insufficient area and width located along the W/s of Indian Neck Road, Peconic; 1000-86-04-1.2, consisting of five acres. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. This resolution was duly adopted. IX. PUBLIC HEARINGS FOR A~RIL 3, 1986: The~Board;.t~ntatiyely agreed to scheduling the following matters for public hearings to be held APRIL 3, 1986 comme~ing at 7:30 p.m. at the Southold Town Hall,. subjectlo the receiving the documentation or other informa- tion as noted prior to the advertising deadline of March 24, 1986: (a) Appeal No. 3472 MICHAEL HERBERT. Bed and breakfast. "A" Zone. N/s Pike Street, Mattituck. (~ait parking plan to scale and to code~ and screening of parking area.) 'Sout~old Town Board of Appeals -24- March 10, 1986 Special Meeting (Public Hearings tentatively for 4/3/86~ continued:) (b) Appeal No. 3473 JOSEPH CASSIDY. For approval of 58,464 sq. ft. parcels set off from 55,831 sq. ft., 375 Reydon Drive, Southold. (Await P.B. input/comments.) (c) Appeal No. 3418 - G~ETC~EN.HEIGL, N/s Soundview Avenue, Peconic. Variance for 280-a, insufficient lot area and width. (Await road inspector's report and Z.B.A. field inspections.) (d) Appeal No. 3396 - GARY DOROSKI. Pool with insufficient setback from wetlands. Monsell Lane, Cutchogue. X. Review/discussion on other Matters recently filed and pending other information as noted: I. Appeal No. 2480 - VINCENT CASA. Proposed pool, deck, fence within 75' of bluff along L.I. Sound. Pebble Beach, East Marion. (Await Soil and Water Conservation inspection/report.) Secretary was authorized and directed to send a request to the Soil and Water Conservation District for their inspection and report. 2. Appeal No. 3481 - PORT OF EGYPT, INC. Special Exception for fuel storage tanks. S/~M'~in Road, Southold. (Await clearance by Town Board before matter is reviews.) 3. Appeal No. 3468 - ROBERT J. LONG Set off of lot having existing dwelling with insufficient area, width, depth. N/s Main Road, East Marion. (Await P.B. input/comments.) 4. Appeal No. 3399 - C. BRUCE STAIGER. Variance to reseparate lots, S/s Wells Road, Peconic. (Await clearance from applicants before advertising.) 5. Appeal No. 3479 - JOHN P. SGOUROS. Variance to re-separate lots on approved Major Subdivision Map #90 of Planning Board 9/19/63, ~'Stars Manor." (Await building inspector response/comments.) There being no other business matters properly coming before the board at this times the Chairman declared''the~ me,eting adjourned. The meeting adjourned at 6:15 o'clock p.m. ..~-Gerard P. G6eh~ringgq~, Chairman Approved 4/ 3 Respectfully ~ubmitted, ~qnda F. Kowalski, Sec'~.e~ary Southold Town Board of Appeal§ Southold Town Board Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on Monday~ March 10, 1986 at 5:00 O'clock p.m. ~ and do hereby consent that the same be held on said date for the transaction of any bUsiness which may properly come before said meeting. DATED: March 10, 1986 Southold, New York.