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Home My WebLink AboutZBA-11/19/1998API~EALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 MINUTES NOVEI~IBER 19t 1998 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, November 19, 1998 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (until 8:03) Lora S. Collins, Member Linda Kowalski, Board Secretary 6:35 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGEN DA ITEM II: The Board proceeded with Public Hearings as noted below. 6:37 - 7:35 p.m. Appl. No. 4617 - BUILDING INSPECTOR. This is a request for a town-wide Interpretation under the Zoning Code for a determination based on the question: "Can Article III, Section 100-3lA of the Zoning Code be used as the basis to disapprove a building permit application due to the design or arrangement of a proposed building?" Mr. John Boufis, Building Inspector, spoke in behalf of his request. (Please see written transcript of verbatim statements, prepared under separate cover, also filed with the Town Clerk for permanent recordkeeping.) 7:35 - 7:38 p.m. Appl. No. 4627 - BARRY AND BARBARA CHARLES, This is a request for a Variance under the Zoning Code, Article XXIV, Section 100-244B, based upon the Building Inspector's September 10, 1998 Notice of Disapproval for a reduction in Page 2 - Minutes ·'"'~ November 19, 1998 Meeting~ Southold ToWn Board of Appeals the rear yard setback for a proposed addition at less than the required 50 ft. Location of Property: 265 Peck Place, Southold; 1000-63-7-14; also known as Lot 14, Sec. I, Map of Harvest Homes. Mr. Charles spoke in behalf of his application. 7:38 - 7:39 p.m. Appl. No. 4630 - .1OHN HOLZAPFEL. This is a request for a Variance under the Zoning Code, Article III, Section 100-33, based upon the Building Inspector's September 11, 1998 Notice of Disapproval for a proposed accessory building in an area other than the required rear yard. 670 King Street, Orient, NY; Parcel ID 1000-26-2-42.1. Mr. Holzapfel spoke in behalf of his application. 7:39 - 7:56 p.m. Appl. No. 4622 - EDWARD +. 3UDY DART). Mr. Dart spoke in behalf of his application. DECISION (Agenda Item III): At this time, motion was offered by Member Horning to act On Appl. No. 4612 and 4632 - DAVID BURNHAM. (See copy of original Findings, Determination and Resolution as adopted. The original is on file with the Town Clerk's Office.) 7:58 - 8:03 p.m. A five-minute break was taken at this time. 8:03 p.m. Member Horning left for return trip home at this time. 8:03 - 8:34 p.m. Appl. No. 4542 - WALTER FINK. This is a request for a Variance under the Zoning Code, Article III, Section 100-230.4B, based upon the Building Inspector's September 30, 1998 Notice of Disapproval, for a reduction in the proposed setback from the existing bulkhead for location of a single-family dwelling. Location of Property: 1345 Willow Terrace Lane, Orient, NY; Parcel ID 1000-26-2-25. Mr. Bruce Anderson, consultant, and Gordon Price, architect, appeared in behalf of Mr. Fink's application. 8:34 - 8:52 p.m, Appl, No. 4629 - ESTATE OF ALEC V. AKSTEN. This is a request for a Lot Waiver under Article IT, Section 100-26 of the Zoning Code, based upon the Building Inspector's September 2, 1998 Notice of Disapproval, which lot was deemed merged with Lot 1000-80-1-42 due to common ownership at any time since _~uly 1, 1983. Location of Property: 2230 Paradise Shore Road, Southold, NY; Parcel ID 1000-80-1-12. Patricia Moore, Esq. appeared as attorney for the applicant. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. Vote of the Board: AYES: Members Goehdnger, Dinizio, Tortora, Collins. (Member Homing was absent.) This Resolution was duly adopted 4-0). DECISION: At this time, Member Tortora moved to approve the Waiver under Appl. No. 4629 - Estate of Alee V. Aksten, which motion was seconded by Member Dinizio. (See attached copy of the Findings, Determination and Resolution as adopted, original on file with the Town Clerk's Office.) I Page 3 - Minutes I~ · November 19, 1998 Meeting~-~ Southold Town Board of Appeals 8:52 p.m. HEARING CANCELLED BY APPLICANT (AWAIT UPDATE FROM APPLICANT BEFORE READVERTISING): Appl. No. 4636 - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a new deck, as alternatively proposed within 75 feet of existing bulkhead, and for approval of a location of an "as built" shed within 75 feet of exis1~ing bulkhead and/or other yard areas as may be determined by the Board. Location of PYoperty: 3895 Paradise Point Road, Southold, NY; Parcel ID #1000-81-1-8. 8:52 - 9:26 p.m. Appl. No. 4605 - LIEB CELLARS {Current Owner: PALMER). This is a continued hearing regarding applicant's request for a Variance under Article III, Section 100-31B(4-b) for permission to establish Winery Use on a 3.612+- acre parcel, known as 34995 Main Road, Cutchogue, NY; Parcel ID 1000-97-1- 11.4. Abigail Wickham, Esq. and Mark, Lieb spoke in behalf of their application. Opposition and concerns were submittedl by ]ames Kullman, Donna Rudolph, Ralph Pugliese. Letters were also submitted against the application (see written record. After receiving testimony, motion was made by Member Collins, seconded by Chairman Goehringer, and duly carried, to close the record as to verbatim testimony, and continue the written record until December 10, 1998. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora and Collins. This Resolution was duly adopted (4-0). 9:26 - 9:28 p.m. Appl. No. 4634 - $CHEMBRI HOMESr INC. This is a request for a Variance under Article III, Section !00-30A, based upon the Building Inspector's October 22, 1998 Notice of Disapproval r.~garding "as built" construction as located with an insufficient front yard setback (ref. Building Permit #25138Z for a new dwelling issued 8/28/98). Location of Property: 970 Willow Lane, Greenport, NY; Parcel ID 1000-40-2- 6.9. Mr. Peter Schembri appeared in behalf of his application. Also appearing in support of the application was ]anise Claudio (in contract to purchase with the applicant at this time). After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). DECISION regarding SCHEMBRI HOMES #4604: At this time, see Motion offered by Chairman Goehringer for approval. See Findings, Determination and Resolution adopted at this time (copy of original is attached a nd made a part hereof). 9:28 p,m, Appl, No, 4618 - V. MANAGO. Patricia Moore, Esq, appeared as attorney for the applicants, with Ural Talgat, of Samuels & Steelman, Architects. Also appearing was Attorney Sean Conroy in place of William Goggins, Esq. (who was out of the Country) for Mr. and Mrs. Aloia. HEARING CANCELLED BY APPLICANT; AWAIT UPDATE FROM APPLICANT BEFORE READVERTISING. Appl. No. 4544 - MARTIN ROSEN. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to Page 4 - Minutes November 19, 1998 Meeting ~ Southold Town Board of Appeals postpone the hearing without a date. AYES: Members Goehringer, Dinizio, Tortora, and Collins. (Member Homing was absent at this time.) This Resolution was duly adopted (4-0), RESOLU~ON: Appk No. 4636 - PATRICK MORTIMER. Motion wasmade by Chairman Goehringer, seconded by Member Dinizio, and duly carriect, to postpone the hearing, without a date. AYES: Members Goehringer, Dinizio, Tortora, and Collins. (Member Homing was absent at this time.) This Resolution was duly adopted (4-0). AGENDA ITEM I. SEQRA DECLARATIONS. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to confirm the following: A. TYPE II Declarations for the following applications: Appl. No. 4617 - Interpretation Appl. No. 4627 Appl. No. 4630 Appl. No. 4622 Appl. No. 4542 Appl. No. 4629 Appl. No. 4634 - B. Charles - _1. Holzapfel - E. Dart - W. Fink - Estate of Alec Aksten - Schembri Homes, Inc. SEQRA pending or to be requested on the following: Appl. No. 4631 - L. Layda Lot Waivers (Type II designation). No. 4582 - R. Schroeder (pending/incomplete). No. 4635 - Dr. Cynthia Ickes & ano. (Type II designation) Appl. Appl. Appl. Appl. Appl. Appl. No. 4637 No. 3426 No. 4638 No. 4639 -_1. Carney, Fishers Island. (Type II) -Gerald Doroski 280-A. (Unlisted-Uncoord.) - .1. Falbo Accessory B&B. (Type II) - 3. Meyer. (Type II) Appl. No. 4640 - K. Campbell, Fishers Island. (Type II) Appl. No. 4581 - _1. Lebkuecker - fence height variance (Type II). Appl. No, 4621 - Poncet-Deegan, Greenport (pending/incomplete). Appl. No. 4~61 - Hellenic Cabins/Gianarris - incomplete; applicant to submit preliminary plans with P.B. as involved agency and coordination reviews; await Health Department approval (note: variance decision received from Board of Review); await staking of building area for enlargement or modification. C. Others (hearings expected in near future): Appl. No. 4636 - P. Mortimer (Type II). Appl. No. 4609 - M. Murphy (pending for January). Appl. No. 4604 - A. Torell (Type II) Appl. No. 4592 - Z. Svatovic (Type II). Appl. No. 4616 - C. Maggio (reopen in January) Appl. No. 4623 and 4624 - Laurel Links, Ltd (Planning Board as lead Page 5 - Minutes November 19, 1998 Meeting~' Southold Town Board of Appeals agency, pending). AGENDA l-rEM III-A. RESOLU_TION: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to CONFIRM the following public hearings for December 10, 1998 (notice & mailings commenced) commencing at approximately 6:30 p.m: Appl. Appl, Appl. Appl. Appl. Appl, Appl, Appl. Appl. Appl. Appl. Appl. Appl. No. 4616 - hearing). No. 4604 - ARTHUR TORELL. Setback/lot line variance No. 4593 - Z. SVATOVIC. Rear yard setback. No. 4581 - 3. LEBKUECKER (third time advertised) No. 4631 - L. LAYDA. Lot Waiver (prior ZBA approval). No. 4633 - W. & R. MAURY. Lot coy. & sideyd. No. 4635 - DR. ICKES & C. CLAYTON. Shed. No. 4637 - ]. CARNEY, F.T. No. 4638- 3. FALBO, Mattituck. No. 4639- ]. MEYER, Mattituck. No. 3426 - G. DOROSKT, Peconic. No. 4623 and 4624 - LAUREL LINKS, LTD. No. 4605 - Lieb Cellars. Carol Maggio (alt. relief question raised at prior VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA AND COLLINS. (Member Horning was absent at this time.) This Resolution was duly adopted (4-0). OTHER D~L~I3ERATIONS/DECISIONS. The Board deliberated on the following applications, The originals were filed with the Town Clerk's Office, and copies are attached to this set of Minutes as though fully set forth herein in its entirety: Conditional Approvals: Appl. No. 4630 -John Holzapfel APpl. No. 4542 - Walter Fink Appl. No. 4618 - Vincent Manago Approval: Appl. No. 4622 - Edward and Judy Dart Appl. No. 4629 - Estate of A. Akstein Appl. No. 4634 - Schembri Homes, ThC. Denial with Grant of Alternative Relief: Appl. No. 4612 and 4632 - David Burnham. Page 6 - Minutes November 19, 1998 Meeting Southold Town Board of Appeals Carryovers to next meeting: Appl. No. 4627 - Barry Charles (possible denial, 2-2 at this time). Appl. No. 4617 - Building Inspector Interpretation - Buildings. AGENDA ITGEM TV-A. APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the October 27, 1998 Meeting. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning was absent at this time.) This Resolution was duly adopted (4-0). AGENDA ITEM IV-B. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, to confirm Appl. No. 4530 - AMAC, Inc. is withdrawn as requested by applicant's Architect, G. Strang. AYES: Members Goehringer, Dinizio, Tortora and Collins. (Member Horning was absent at this time.) This Resolution was duly adopted (4-0). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately :[0:30 p.m. Respectfully submitted, Iski 12/8/98 Attach meg fS~.~se ~D~C~ ,,APProVed for Fili~'on Gerard P. Goehringer, Chairman A,~PPEA[S BOARD MEMBERS · Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MELTING OF NOVEMBER 19, 1998 Appl. No. 4629 - ESTATE OF ALEC V. AKSTEN PARCEL 1000-80-1-12 STREET & LOCALITY: 2230 Paradise Shore Road, Southold DATE 0 F PUBLIC HEARING: November 19, 1998 FINDINGS OF' FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located on the easterly side of Paradise Shore Road, Southold. The December 3, 1997 revised survey map shows that the subject premises is vacant land, containing a total area of 13,513 sq. ft. BASIS OF APPEAL: Building Inspector's September 2, 1998 Action of Disapproval which reads as follows: "Under Artide II, Section 100-25A a non-conforming lot shall merge with an adjacent non-conforming lot which has bccn held in common ownership at any time since July 1, 1983 as per research by Town Attorney, see attached; Lot 1000-80-1-12 (subject lot) and Lot 1000-80-1-42 merged, being held in common ownership (by Will) 1973-1975. Under Article II, Section 100-25E, no building permit can be issued until this section has bccn complied with." RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a Lot Waiver for 1000-80-1-12 (2230 Paradise Shore Road) as provided under Article IT, Section 100-26 of the Town Zoning Code. The lot consists of approximately 13,513 sq. ft. according to August 27, 1997 survey, revised December 3, 1997, by Joseph A. Ingegno. The adjacent lot with which the subject lot is merged, is identified on the Suffolk County Tax Maps as 1000-80-1-42 (1405 Oak Ddve). REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: 1. Ernest and Helen Schacht bought the subject lot at 2230 Paradise Shore Road in 1938, and the adjacent lot at 1405 Oak Drive in 1941. Helen Schacht died in 1973, predeceased by her husband, and her will bequeathed both lots to Alec Aksten. Alec Aksten A~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OI= NOVEMBER 19, 1998 Appi. No. 4612 and 4632 - DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF ?ACT PROPERTY FACTS/DESCI~PTLON: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- :10-4-7.1 is made up of lot numbers 22, 24 and 25as shown on the Plan of the Peninsula at Fishers Island, filed with the Suffolk County Clerk March 11, !913. This - land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in FebruarY 1964, together With a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in october 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of DiSapproval on FebruarY 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Page 2 -Appl. No. 4612'~d 4632 CBumham) Re: 1000-10-4-7.1 + 9.3 (combined/single parcel) ZBA November 19, 1998 Determination RFLTEF REQUESTED BY APPLTCANT: Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTTON~'ACTZON: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of the neigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+- square feet would be created, when the requirement is 40,000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos. 7.1, 9.3, 7.2., 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.1, 9.2, and 9.4 (merqed). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two very small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatively granted by the Board will avoid economic hardship for the applicant because a waiver of merqer, leaving 7.1 and 9.3 combined as a single lot, separate from the remainder of the surrounding lots, does create a lot that is 1.02+- acre in size, althouqh a large portion is wetland area unusable for buildinq purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, ~ Lot 9.3 as requested would consist entirely of environmentally sensitive land in very ~Pa§e 3 - Appl. No. 4§Y'~ ~ind 4632 (Burnham) Re: 1000-10-4-7.1 + ~ (combined/sEngle parcel) Zi}A November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a chanqe or alteration in contours or slopes, or substantial filling of land. Accordingly, on moUon by Member Horning, seconded by Member Collins, it was RESOLVED, to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9.3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL, referred to as 7.1 and 9.3 on the County Tax Maps, from the surrounding properties, with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos. 7.1 and 9.3 shall be dccded as a single 1.02+- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion (No. 7.1); That combined Lot 7.1 and 9.3 shall not excccd one single-family dwelling for the total land area (1.02+- acre); That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remaininq or conveyed out, is NOT rec(x]_ nized as a lot under the Southold Town Zoninq Code for a possible future dwelling. 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehdnger, Dinizio, Tortora, Horning, and Collins. Th is Resolution duly was adopted (5-0). /~GERARD P. GOEHRINGER ~ CHAIRMAN 11/21/98 Approved for Filing 10-4-7.1 & 9.3 (combined as one) AppEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516)-765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19, 1998 APPL. NO. 4622 - EDWARD AND 3UDY DART 1000-74-3-15 STREET & LOCALITY: C. IL 48 and Els Peconic Lane, Peconic. DATE OF PUBLIC HEARING: October 15, 1998 and November 19, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property as exists consists of 2.012 acres with 155.20 ft. frontage along the south side of C.R. 48 and 120 feet along the easterly side of Peconic Lane, Peconic. The November 24, 1976 shows an existing 2-1/2 story frame house located 59+- feet from the front property line along Peconic Lane. The property is located in the R-40 Low-Density Residential Zone District. BASIS OF APPEAL: Building Inspector's September 1, 1998 Notice of Disapproval of application to subdivide the property. The reason for disapproval is that the proposed subdivision would create a nonconforming lot of approximately 28,438 sq. ft. in the R-40 Residential ZOne District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF REOUESTED BY APPLICANT: The request made by applicant is for approval of a variance, in this diviision of property into Parcel A of 28,438 sq. ft. fronting Peconic Lane, and Parcel B of 58,221 sq. ft. maintaining the same 155.20 ft. road frontage along C.R. 48. The existing single-family dwelling would be situated on proposed Parcel "A" with an 85+- ft. rear yard setback. A proposed building area (envelope) is not shown on proposed Parcel "B' at this time. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board made the following findings: Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of me improved lot fronting Peconic Lane will not change, and a conforming lot, larger than most in the area, will be created fronting on C.R. 48. Page 2 - Appl. No. 4622 Re: 1000-74-3-15 (Dart~ ZBA November 19, 1998 I~termination 2. The requested variance is not substantial because the improved lot will be approximately the same size as surrounding lots and the unimproved lot will be substantially larger. 3. There are no factors present to indicate that the requested area variance will have any adverse impact on physical or environmental conditions. The requested vadance is the minimum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: Goehringer, it was On motion by Member Tortora, seconded by Chairman RESOLVED, to GRANT the vadance as applied for, SUBJECT TO THE CONDITION that Parcel "B" (the unim proved larger parcel) shall be subject to a covenant, to be filed with the Suffolk County Clerk, that will prohibit further subdivision. Grant of this Variance for Parcel "B" is in consideration of and conditioned upon the imposition of such covenant. (A copy of the filed Covenant(s) shall be fumished for the permanent records of the Board of Appeals.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (MEMBER Homing was absent at this time,) This Resolution was duly ADOPTED (4-0). .................... GERARD P. GOEHRII~GER, ~:HAIR~f'A~/// /' 11/21/98 Approved for Filing 1000-74-3-15 (Dart) Ai'/'EALS BOARD MEMBERS Gerard P. Goehtinger, Chairman lames Dinizio, Ir. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4542-~ WALTER FINK PARCEL 1000-26-2-25 STREET & LOCALITY: 1390 Willow Terrace Lane, Orient DATE OF PUBLIC HEARING: November 19, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCPJ:PTION: The above-referenced property is located on the ~outh side of WillOw Terrace Lane. The survey map submitted under this appliCation shows that the subject premises contains a total area of 21,333 sq. ft. and is unimproved, vacant land with 135 ft. (stone rip-rap struc~re) along Orient Harbor. · BASIS OF APPEAL: Building Inspector's September 30, 1998 Ac/ion of Disapproval which reads as follows: "...Under Article X~I/, Section 100-239,4B on lots where a bulkhead exists all buildings shall be set beck no closer than 75 fcct to said bulkhead. Note Under Article U/, Section 100-239 land under water Cannot be computed for density of a lot, therefore the 3,471 sq. ft. of land under water reduces the lot size to 17,862 sq. ft. - allowing a 35 ft. front yard setback." AREA VAR/ANCE RE[/EF REQUESTED BY APPLICANT:. The request made by applicant is to locate a proposed single-family dwelling with a setback at 64.6 feet to ~he exi~ng stone rip rap (retaining wall/bulkhead) at its Closest point. The front yard set back is proposed at 35 feet. REASONS FOR THE BOARD ACT/ON: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Measured perpendicularly from the front property line to the bUlkhead, the lot has a depth of about 148 ~f-c=~t. A front yard setback of 35 fcct is required both under the Zoning Code and under covenants applicable to the lot. (2) Applicant's contract vendee proposes to build a house with attached garage, 35 feet Page 2 - AppL No. 4542 R.e' 1000-26-2-25 (Fink) ~ ZBA D¢lerminalion 11/1(. from the front property Fine and 45 feet deed on its longer side (where th~ living area is 23 fcct deep and the garage .is 22 feet deep). This results in the house being 64.5 feet from the bulkhead at its closest point. (3) The lot: was created by subdivisiOn many years before the 1985 enactment of the requirement for a 75-foot setback from bulkheads. In view of the size of the lot, a variance is needed as to either the front or the rear setback in order to build a house of a size reasonable for the neighborhood. (4) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed front and rear setbacks are both consistent with setbacks in the neighborhood. (5) The requested variance is not substantial and is not expected to have an adverse effect or impact on physical or environmental conditions. (6) The grant of the requested variance is the minimum necessary and adequate to enable the applicant's contract vendee to erect a house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, ' subject to the CONDITION that there Shall be no future extension of the structure toward the bulkhead in contravention of Section 100-239.4(B). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA and COLLINS. (Member Homing was absent at ~~~~ this time.) This RES LUTION :1 PTED (4-0). ./ P. GOEHRm R, C R.A V .// 11/21/98 Approved for Filing 1000-26-2-25 (W. Fink) "A~P~EALS .BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19, 1998 Appl. No, 4630 - JOHN AND JOYCE HOLZAPFEL STREET & LOCALITY: 1670 King Street, Orient DATE OF PUBLIC HEARING: November 19, 1998 PARCEL 1000-26-2-42.1 ?INDING$ O? FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located on the south side of King Street and the west side of Douglas Street, Orient, and is also referred to as Lot 1 on the Map of "Major Terrace." The May 1, 1996 survey shows that the subject premises is improved with a single-family dwelling with attached garage. The lot is 6.377 acres in size, and a conservation easement area surrounds the pond area, located at the most southwest comer of the property. BASIS OF APPEAL: Building Inspector's September 11, 1998 Notice of Disapproval. AREA VAI~TANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for permission to construct a 21 ft. by 30 ft. accessory storage building in the front yard area facing King Street, near applicants' existing driveway/parking area. The height of the proposed accessory building is shown at 15 feet (or less). REASONS FOR BOARD ACTION: 1. The grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the shed will be built well within the setback limits of the code requirement for a principal structure. The proposed shed will be located at least 295 feet from King Street/northeast property line, 115 feet from the northwest property line, and 255 feet from the southwest property line. 2. The benefit sought by the applicant cannot be achieved by some Page 2 - Appl. No. 4630 ~,~-~ Re: 1000-26-2-42,1 (Holzapfel~ ZBA Decision Rendered 11/29/98 other feasible .method because the applicant has placed the structure away from a 100 ft. conservation easement and pond located in the rear yard. Placing the shed in any other location would require similar variances. 3. The variance is not substantial because .the applicant has a lot ±n excess of six acres. 4. There are no factors present to indicate that the requested area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The vadance requested is the minimum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded ~by Member Collins, it was RESOLVED, to GRANT THE VARIANCE, as applied for, SUB.1ECT TO THE FOLLOWING CONDITION: Only electric utilities shall be permitted. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO. TORTORA, COLLINS. (Member Morning was absent at this time.) lhi~n w~t~e~4-6). /GERARD P. GOEHRINGER,CH~'RMAN *' "' Approved for Filing 11/25)98// ~000-26-2-42.~ (Holzapfel) APPEALTS bOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGSf DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19t 1998 Appl. No. 4618 - VTNCENT MANAGO PARCEL 1000-118-4-10 STREET & LOCALZTY: 8225 Nassau Point Road, Cutchogue DATE OF PUBLLC HEARZNG: October 15f 1998; November 19, 1998. FINDINGS OF FACT PROPERTY FACTS/DESCR/PT/ON.:. The above-referenced property is located on the easterly side of Nassau POint Road, Cutchogue. The survey map dated February 16, 1996 shows that this lot is 1.3084 acres in size to tie lines along Little Peconic Bay. The premises and is improved with a single-family dwelling and one-story frame accessory building. The entire parcel consists of Lot 6~ and part of Lot 65 on the Amended Map A of Nassau Point filed August 16, 1922 as File No. 156. The property is 150.27 ft. wide (tie line) along Nassau Point Road and an average of 380+- feet dccp. BASIS OF APPEAL: Building Inspector's August 18, 1998 Action :of Disapproval which reads as follows: "the proposed construction being performed on a building with a non- conforming use in an R-40 District is not permitted. Pursuant to Article XXIV, Section 100- 241 "...shall not be enlarged, altered, extended, reconstructed or restored:" AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is: to construct a second flooraddition for storage areas to the existing accessory building as shown on plans dated 6/25/98 prepared by Samuels and Steelman, Architects. The use of the accessory building has been and is proposed to continue as sleeping area (guest rooms) without cooking or kitchen facilities, for family members and occasional guests. REASONS FOR BOARD ACT/ON: (1) The granting of the area vadance will not produce an undesirable change in character of neighborhood or a 'detriment to nearby properties because the proposed addition of storage space above the existing garage is a permitted use in this district and adding to the storage area will not affect the use of the two bedrooms and bath. Page 2 - November 19, Re: 1000-118-4-10 Southoid Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the existing house has no storage area. (3) The requested area variance is not substantial. The proposed addition will not enlarge the existing footprint of the building and the height of the garage will not exceed the code requirement for accessory structures. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for, SUB.1ECT TO THE FOLLOWING CON DITIONS: 1. That there be no sleeping quarters above the garage. 2. That no kitchen or cooking facilities shall be added/installed. 3. That this building .may not be rented or used for income purposes separate from the (main) house, and the existing building footprint shall not be enlarged or expanded. 4. That this building will remain accessory and incidental to the single-family use of the entire 1.3 acre premises. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Homing was absent at this time.) This RESOLLq-I~IYA.?~/). ~"" CHAIRMAN Approved for Filing on 11/25/98 1000-118-4-10 A~i~PEAI~S..BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DE-I-ERMINATION MEE-I-ING OF NOVEMBER 19, 1998 Appl. No. 4634 - SCHEMBRI HOMES, INC. PARCEL 1000-40-2-6.9 STREET & LOCALITY: 970 Willow Lane, Greenport DATE OF PUBLIC HEARING: November 19, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located on the westerly side of Willow Drive, Grccnport, and is known as Lot 7 on the Map of Homestead Acres. The survey map submitted under this application shows that the subject premises contains a total area of approximately 25,000 sq. ft., improved with an "as built" concrete foundation. BASIS OF APPEAL: Building Inspector's October 15, 1998 Action of Disapproval which reads as follOWs: "...Application dated July 8, 1998 for permit to construct new single family dwelling ...is returned herewith and disapproved on the following grounds: Under Article XXlV, Section 100-244B, for non-conforming lots between 20,000 and 39,999 sq. ft., the "as built" foundation under B.P. #25138-z does not meet the required front yard set back of 40 ft...". AREA VARIANCE REITFF REOUESTED BY APPLICANT: The request made by applicant is for approval of the "as built" foundation with a setback at 23.6 feet from the southerly front property line along an un-named private road extending from Willow Drive, confirmed by October 12, 1998 survey prepared by Destin G. Graf. The northerly front yard setback along Willow Drive is 48.9 feet. The remaining setbacks are not the subject of this application. REASONS FOR BOARD ACTION: 1. The grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because applicant's Page 2 - App[. No. 4634 Re: 1000-40-2-6.9 ZBA Decision 11/19/98 lot is unique in that the setback is from a paper street which dead ends at.the applicant's lot and which serves no access to any other lots in the community. 2. The benefit sought by the applicant cannot be achieved by some other feasible method because the house !s presently located on a lot with an insufficient front yard. Applicant-builder has indicated that when the permit was applied for at the Building Department, the house was located in the same position as all other houses located on the street and no position was taken into account for the second front yard area (by either the Building Department or the builder-applicant). 3. The variance is not substantial based upon the existence of the dead-end paper street which has no effect in this application. 4. The variance requested is self-created. 5. There are no factors present to indicate that the requested area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 6. The variance requested is the mini mum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDr~ON that there be no further reductions in this southerly front Yard area. VOTE OF THE BOARD: Homing was absent at this time.)This RE~LLJ~;;q~I~s ~D~4-0). NG(R, CHAPMAN ********************* / 11/21/98ApProved for Filing 1000-40-2=6.9 (Scliembri) AYES: Members Goehringer, Dinizio, Tortora and Collins. (Member