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HomeMy WebLinkAboutZBA-10/27/1998 SPECAPPEALS 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 OCTOBER 27f 1998 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, OCTOBER 27, 1998 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member George Horning, Member (until 8:00 as agreed) Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was: Lydia A. Tortora, Member (due to bereavement). 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board took up the first application under Agenda Item I Re: Appl. No. 4611 - B.I. Request for Town-Wide Interpretation (Private Radio Towers). 6:40 p.m. A Resolution for a short break was offered by Member Collins, seconded by Chairman Goehringer, and duly carried (4-0). 6:48 p.m. Meeting reconvened. On motion by Chairman Goehringer, seconded by Member Collins, a Resolution tO reconvene the meeting was duly adopted (4-0). Page2 - Hinutes ~ ...... October 27, 1998 Meeting ~ ~ l ~outhold Town Board of Appeals The Board continued deliberations regarding Appl. No. 4611. After deliberations, Member Dinizio read the proposed Interpretation. Action was taken as noted in the next paragraph. AGENDA ITEM I, continued: DELIBERATIONS/DECISIONS. The Board deliberated on the following applications, which were carried over from the October 15, 1998 agenda for continued discussions and decisions. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Interpretation: Appl. No. 4611-B.I. Request for InterPretation (Radio towers) Conditional Approvals: Appl. No. 4615 - P. Chazan Appl. No. 4614 - R. Boardman Appl. No. 4606- T. Mastro Appl. No. 4613 - H. Rieger Appl. No. 4625 -T. Jerome Appl. No. 4620 - G. Starkie Appl. No. 4610 - D. Garofalo Denial Without Prejudice: Appl. No. 4616 - C. Maggio. Other Action: Appl. No. 4612 - Lot Waiver Requests by David Burnham, Fishers Island, were also deliberated upon. Member George Horning offered to prepare the assigned portion of the draft for a possible denial with alternative relief, to be considered at next meeting. 8:00 p.m, Member Horning left for the return ferry back to Connecticut, as agreed. AGENDA ITEM II: Brief discussion regarding communications. The Chairman indicated that he would ask the Town Attorney to review Ms. Adams' correspondence. Also, it was noted that a new form is being used by the Building Department regarding general complaints, inquiries and responses from that department. Pag~ 3 - Minutes ~.~/ October 27, 1998 Meeting S0uthold Town Board of Appeals AGENDA ITEMS III: A. Public hearings were confirmed as advertised for Novem- ber 19, 1998. B. Norman Woodcock Waiver request - it was noted by Office Staff in the processing of this new application that the ZBA had previously approved the lot sizes in October 1977, which was grandfathered in September 1980 by formal resolution of the Town Board. C. Laurel Links' applications. Charles Cuddy, Esq. was present for an update by the Chairman (as mentioned at the October 15, 1998 hearing). The Chairman indicated concern over drainage at the east end of the property. Mr. Cuddy offered to show the site to Board Members, with the Architects and Engineer at a date to be determined. D. t998 Budget Update. Tt was noted that budgeted revenues were met for our Department about 3.5 months early this year, and that the remaining months would bring in revenue, in excess of budget. 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 8:40 p.m. Respectfully submitted, walski 11/6/98 Attachme isions /_ ~ /~Approv~r Filing 51/19/9 - Gerard P. Goehringer, Chairman I .~-~T~, ~ FILED BY Tow~ Clerk, Town o~ i BOARD OF APPEALS DETERMTNA'r~ON MEETING HELD OCTOBER 27, 1998 Appl. No.~4611 - B~ilding Inspector's Request for Town-Wide [nterpretation under Article XV! .of the Southold Town Zoning Code. Date Building Znspector's Request Was Received: August 19, 1998. DATES OF PUBLZC HEAR/NG: September 24, 1998; September 30, 1998; October 15, 1998. FTNDINGS AND DETERMTNATION' 1. Zoning COde Article ], DefiniUOns of"Wireless Communications" and Telecommunication ToWer" read as follows: mean ,ns Act telecommuni personal communication services, specialiZed mobile radio, lie radio, , and similarserviCes that currently TELECOMMUNICATIONS TOWER. A wireless commt support an anter tower, tO al ball 2. Section 100-1§3 of the Code provides "Standards" for the above uses and,, towers.' Sub-seCtion "B" states t~tat the application must be a "pUbliC Utility.' this application, a "public uUlity use or tower" is not the issue. Instead, the applica,,n._t, Building ~nspector has requested an interpretation with respect to a tower intended fOr-th~ Private use Of an owner wh(~ operates a VHF Radio under a Licensed issued to him/her by the FCC for the purpose of communicating, all as part of his/her business." '~Pagc 2 - Appl. No. 4611 Request for lnterpretaUon (~te Radio Tower) October 27, 1998 ZBA Meeti~'~ 3. The Board heard testimony, and received a memorandum of law from an interested party who contends that a private VHF radio transmission tower is not subject to the Federal Communications Act of 1996 or the telecommu- nications provisions of Article XV! of the Southold Town Zoning Code because these laws relate to public utilities and telecommunications commerce. 4. The Board heard tesUmony by the Town Building Inspector that in his view a private VHF radio transmission tower is not.subject to the telecommu- nications provisions of the Town Zoning Code because that law relates to public utilities. The Town Building Inspector also stated that he believed that there was an application before him which prompted this request for an interpretation and that that project does not fall under the current telecommunications laws. 5. The Board received into evidence a statement from the' Federal Commumcations Commission that VHF radio transmission facilities are not subject to the Pr0vi~;i0'ns of the Telecommunications ~ACt of 1996. Article XVI of the Town Zoning Code states that it is intended to regulate '~vire communication facilities, and particularly telecommunications towers." The definition of "wireless communications" in the Code is tied directly to the types of communications that are subject to the Telecommunications Act of 1996. 6. t an individual Town Board Member that drafting of the law and stated that it was the intention of the writers of Article XVI of the Zoning COde that all towers be included,, hbweVer~ there is no written or Other evidence ~to support her testimony. WHEREAS, the Board has rewewed the Wireless communication Facilities Law, Article XVI, ofthe S0uthOld Town Zoning Code, :and all other provisions of the Zoning Code, and after completing this rewew, on Motion by Mem~r Dii{iZi°i SecOnded by Member CollinS, · . Answer to the question i.n this application ~s:~ A private radio transm,ssion tower and commun,cat,on use d~s not fall unde~ the Provisions of Article when it is intended for the private use of an owner who operates a VHF Radio cUnder a licensed issued to him/her by the FCC for the purpose of ommunicatiOn, all as part of his/he~ business, within the Light Industrial (LI) Zone District." VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, COLLINS and HORNiNG. N~%~ CI~IRMAN GOEHRINGEe' ABSENT: ~ORTORA.-This Res°luti°n was duly ad°pted (3'l)'~r~.r~ ~'~~ /~ Ap~'z'oved fo]~ Fi/ling ~10/28/98 APPEALS BOARD MEMBERS Gerard E 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 EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 1998 Appl. No. 4614 - RICHARD BOARDMAN PARCEL 1000-25-1-13 STREET & LOCALITY: 690 Village Lane~ Orient DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located in the R-40 ResidenUal Zone dis~ct, being situate on the westerly side of Village Lane (76.30 ft. in width), this lot contains a total area of 9,626 sq. ft. and is improved with an existing hOUse of 1079 sq. ft., existing shed 50 sf, garage 240 si=, bath addition 36 sf, bedroom addition 136 sf, living room addition 320 sf for a total of 2,046 square fcct. BASIS OF APPEAL: Building Inspector's August 25, 1998 Notice of Disapproval, disapproving an application to expand a recently-built deck by 85 sq. ft. because such addition will excccd the allowable lot coverage. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: *In Hay 1997, this Board granted a variance (under ApplicaUon No. 4472) authorizing lot coverage of 21.26% , or 2046 square feet to accommodate an improvement project that included a new garage, additions to the house, and a new deck. Applicant has carried out these improvements, but has concluded that an additional 85 square f¢ct is nccded at the north end of the deck in order to have a rational traffic flow betwccn the house and the deck. this request is for a variance allowing total lot coverage of 2,131 sq. ft., or 22.1%. The deck is proposed to be located at the westerly corner of the dwelling maintaining the existing 9.5 ft. nonconforming setback which exists for the dwelling. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: 1. Applicant's neighborhood is densely built on small lots, with relatively high lot coverage. The small size of applicant's lot is typical of the neighborhood. This Board concluded in May 1997 that lot coverage of 2046 square fcct, or 21.26% would not Page 2 - October 27, 1998 ZBA Appl. NO. 46].4' - Parcel produce an undesirable change in character of neighborhood or a detriment to nearby properties because applicant's improvements would be consistent with the.architecture and character of the neighborhood. The additional 85 sq. ft. (0.9%) of coverage requested by applicant is not substantial and does not alter the prior findings of the Board. 2. Because of the floor plan of the house, the benefit of a rational traffic flow sought by applicant cannot be achieved by some method, feasible for applicant to pursue, other than the proposed deck expansion. 3. The requested area variance will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. 4. The grant of the requested variance is the minimum action necessary and adequate to enable applicant to obtain the benefit of a deck rationally related to the house while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTZON: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, subject to the CONDITION that the entire deck, including both the section already built and the proposed addition, remain permanently open to the sky. VOTE OF THE BOARD: AYES: (Member Totora was absent.) 4-0). MEMBERS GOEHRINGER, DINIZIO, HORNING, COLLINS. This Resolution was duly adopted APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FZNDINGS, DELIBERATZONS AND DETERMINATTON MEET/NG OF OCTOBER 27, 1998 Appl. NO. 4615 - Paul Chazan PARCEL 1000-91-1-13 STREET & LOCALZTY: 280 Sunrise Wayf Southold DATE OF PUBLIC HEARZNG: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRiPTION: The subject property is identified as Lot 177 on the Hap of Cedar Beach and consists of approximately one-half acre in size, with 100 ft. frontage along Sunrise Way and 106.99 ft. frontage along Sunset Way, Southold. The subject lot is improved with a single-family dwelling situated 47.5 ft. from the easterly front property line, as shown on the November 30, 1993 survey prepared by Roderick VanTuyl, P.C. Close to the southerly property line is the neighbor's fence which commences at a point approximately 40 ft. from Sunset Way and easterly to the front property line along Sunrise Way. BASIS OF APPEAL: Building Inspector's July 30, 1998 Notice of Disapproval which reads as follows: "the proposed fence exceeds four (4) fact in height. Under Article XXIII, Section 100-231, height of fences, walls and berms, fences shall not exceed four (4) feet in height when located in front...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a solid fence at a height of 6-1/2 fcct commencing at a point 40 feet from the westerly front property line along Sunset Way, and extending east along the applicant's southerly property line a distance of 50 feet. REASONS FOR BOARD AC'l/ON: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the fence will be constructed in what appears to be the rear yard of the property. 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 applicant has two front yards according to Southold Town law. r~ge 2 - October 27, 1998 ~ Appl. No. 4615:1000~91-1-13 ~an) Soul:hold Town Board of Appeals-- 3. The requested area variance is not substantial and would be allowed if the applicant did not have a road in the back yard'. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not bccn 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. RE~OLUl/ON/AC1/ON: On motion by Hember Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a variance for a six-ft, high fence to be located as applied, commencing at 40 ft. from the front property line along Sunset Way, and extending east a distance of 50 feet. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLLINS, HORNING. was absent due to bereavement.) This Resolution was duly adopted 4-0. ~ GERARD P. GOEHRINGER /'~ CHAIRMAN (Member Tortora APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Toaora Lora S. Collins George Homing BOARD OF APPF_,~LS 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 FINDINGSe DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 27~ 1998 Appl. NO. 4610 - DAVID GAROFALO PARCEL 1000-87-5'16 STREET & LOCALITY=~ 520 Cedar Drive~ Mattituck DATE OF PUBLIC HEARING: October 15~ 1998 ~NDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a corner lot, bordered along two property lines bY private rights-of-way which extend off the south side of Main ~iew road~ Southold, The property consists of a total area of approximately 44,000 sq. fb (1.1 acres) and is located in the R-40 Low-Density Residential Zone District, identified on the Suffolk County Tax Maps as 1000-87-5-16. BASIS OF APPLICATZON'. Building Inspector's August;14, 1998 Notice of Disapproval under Article 1/T_A, section 100-30A.4 for the proposed' location of a new accessory swimmingpool in a front yard area; Zone: R-40 Residential. AREA VARIANCE RELIEF REQUESTED: Applicant's property has a frontage of 115 feet on Main Bayview Road on the north, and is over 550 feet deep, bounded on the east and south by Koke Lane, an unpaved right-of-waY serving the houses between Main Bayview and the Bay. This configuration results in applicant's house being deemed to have a front yard on each of the north, east and south sides. Applicant wishes to build a pool south of the house in what is technically a front yard with setbacks of 35 feet from the easterly and southerly property lines, and 60 feet from the westerly property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Because the property's configuration results in thrcc front yards, the only place where applicant might build a pool without a variance appears to be the Pag~'t - Appl. No. Re: ' 1000-87-5-16 (Garofolo) Decision Rendered 10/27/98 relatively narrow area between the house and the westedy property line, where it would be close to the westerly neighbor and to applicant's house. Applicant proposes instead to place the pool in an area that has the appearance of a rear yard. 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 location is scrccned from Koke Lane, is not dose to any neighbor, and is as a practical matter the rear yard. (2) The area betwccn the house and Nain Bayview functions in reality as the front yard, and a vadance permitting construction of a pool in what is technically another front yard is not substanUal. (3) There is no basis to conclude that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood. (4) The grant of the requested vadance is the minimum action necessary and adequate to enable the applicant to obtain the benefit of a swimmingpool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLLIT]:ON/ACT]:ON: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the construction and any decking shall be open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHR[NGER, DINIZ[O, COLONS, HORN[NG. This Resolution was duly adopted (4-0). (Absent due to bereavement was: Member Tortora.) ,/(~ERARD P. GOEHRINGER, CH_~RMAN A,gnrnv~'l f( Filing RECEIVED AND FILED BY ~ SOUTHOLD TOY~ C~ DATE i//3-/~ ~ HO~ ~.' ' J~ .... Town ~er~, To~ of ~u~d 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 (5.16) 765-9064 Telephone (516) 765-1809 FINDINGS, DEI./BERA'[/ONS AND DETERMINATION MEET/NG OF OCTOBER 27,1998 Appl. NO. 4625 - THOMAS JEROME AND OTHERS PARCEL 1000-69-6'7 STREET & LOCALITY: 48220 Main Road, Southold DATE OF PUBLIC HEARING: October 15, 1998 .FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a 4.423 acre parcel located along the south side ot State Route 25 (a/k/a Hain Road), Southold. The property is improved with a two-story and one-story stucco prindpal dwelling structure and accessory buildings. The only survey of record is dated August 10, 1996, prepared by Roderick VanTuyl, P.C. for the new owners, Daniel, Thomas C. and Gregory Jerome. BASIS OF APPEAL: The Building Inspector's July 14, 1998 Notice of Disapproval which states: '~as specified in the attached Pre-C.O. dated September 11, 1996, the existing dwelling is li~ed as a Non,habitable one-family dwelling. Under Article III, Section 100- 31B(1) of the R-80 Zone, a special Exception is required to obtain a two-family dwelling." RFLIEF REQUESTED: Applicant is requesting a determination from the Board of Appeals in favor of applicant-owner granting recognition as a two-family use regarding Preexisting Certificate of Occupancy No. Z-24610 issued Septem- ber 11, 1996. (No Article or Section was furnished by applicant other than that noted in the Notice of Disapproval.) REASONS FOR BOARD AC'q/ONr DESCR;RED BELOW: The present two-unit dwelling, although updated, has been in existence for more than 60 years. The purpose of this action is merely to recognize' this existence. The recognition is Page 2 - October 27, 1998 *Re: 1000-69-6-7 (3erorr~ Southold Town Board or.peals based upon personal knowledge of at least one member of this Board, Affidavits, and pictures furnished by the applicants' attorney showing two antiquated kitchens, both of which have been renovated as well as both individual units on each of the two floors of this dwelling. In considering this applicaUon, 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 Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE the application, as applied for. VOTE OF THE BOARD: GOEHR~NGER, DIN~iO, COLLINS, HORNING. (Absent due to bereavement was: Member Tortora). THIS RESOLUTION WAS DULY ADOPTED BY ALL 1000-69-6-7 ~/~L~'RARD P. GOEHRINGER, C~A AN/ Approved for Filing RECEIVED AND FILED BY APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 OCTOBER 27, 1998 Appl. No. 4606 - THOMAS AND MOIRA MASTRO 1000-126-11-3.1 STREET & LOCALITY: 6760 Great Peconic Bay BouleVard, Laurel DATE OF PUBLIC HEARING: OctOber 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the south side of Peconic Bay Boulevard and along the easterly side of a private right-of-way, Laurel. The subject premises also fronts along the Great Peconic Bay and has a timber bulkhead north of the ordinary highwater mark and timber jetties. The total size of the property is 36,000+- sq ft., with 108.86 ft. along Gr. Peconic Bay Boulevard and 331+- ft. along the westerly property line. BASIS OF APPLICATION: Building Inspector's ]uly 29, 1998 Notice of Disapproval under Article XXIII, Section 100-239.4B for the proposed location of a fence at bulkhead. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a variance to locate a fence at bUlkhead for safety reasons. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby proPerties because fence along bulkhead is temporary for protection of applicants' young children. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because fencing is adjacent to and along applicants' bulkhead, which lies with the ultimate jurisdiction of this board and this zoning ordinance. · Page 2 - Appl. No. 4-606 Re: 1000-126-11-3.1 (Mastro) ZBA October 27, 1998 Dedsion (3) 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 because applicant will remove fence within a ten-year period of time. (4) The alleged difficulty has 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 Chairman Goehringer, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for SUBJECT TO THE FOLLOW:lNG CONDITIONS: 1. The fence may remain for a period of time ending on the earlier of 10/28/2008 or the date of transfer of title; 2. The fence height may not exceed the height as requested (as exists) (48'7. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, HORNING. This Resolution was duly adopted (4-0). (Absent was: Member Tortora.) 1000-126-11-3.1 GERARD P. GOEHRINGER CHAIRMAN 11/6/98 Approved for Filing APPEALS BOARD MEMB ERS 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 FINDt'NGSt DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 27t 1998 Appl. NO. 46 ~3- HANS and FRANCOISE RIEGER 1000-27-2-2.1 STREET & LOCALITY: 2615 Platt Road~ Orient DATE OF PUBLIC HEAR/NG= October 15~ 1998 FINDINGS OF FACT PROPERTY FACTS/DF..~CRIPTION: The subject lot is known as Lot 1 on the Subdivision Map of Settlers at Oysterponds filed May 4, 1984 in the Office of the Suffolk County Clerk. The lot consists of 5.110 acres and is improved with a main building (historic windmill) and two small accessory frame sheds BASIS OF APPLICATZON: Building Inspector's August 20, 1998 Notice of Disapproval under Article III, Section 100-32 for conversion of the main building from storage use to single-family residential use, in its present nonconforming setback location at 8.7 ft. from the southerly side property line. AREA VARZANCE RELtEF REQUESTED: Applicant is requesting a variance to convert the existing histodc windmill-storage building to residential use as a principal building, at 8.7 ft. from the side property line at its closest point. The front yard location is 58.4 feet at its closest point, and the two accessory frame sheds will remain in their present non- conforming front yard locations. REASONS FOR BOARD ACTZON~ DESCRtBED BELOW: (1) The granting of the area vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because building has bcen in existence for more than 60 years in its present state, except for a minor addition that was added in the past 10 years.. (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 placement of Page 2 - October 1998 Re: 1000-27-2-2.1 Southold Town Board of Appeals said strUcture of this nature and moving said strUcture to a conforming location would be deemed very COstly by applicant. (3) The :requested area variance is not substantial although structure is close to property line on south/east side, the parcel that this proposed dwelling is located on is in excess of five acres of land area, (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 because applicant's parcel is 5.1 acres and adjacent parcel to southeast is also 5.1 acres. Tn 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. RESOLUT~ONIACT[ON: On motion by Member Tortora, seconded by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, HORNING. This Resolution was duly adopted (4-0). (Absent was: Member Tortora). 'GERARD P. GOEHR~NGER CHAIRMAN APPROVED FOR FILING 11/5/1998 Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Towtt. Hall 53095 Main l~oad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF TOWN OF SOLFI~OLD F[NDINGS~ DELIBERA'r[ONS AND DETERMINAT[ON REGULAR MEET[NG OF SEPTEMBER 30~ 1998 Appl. No. 4607 - 3ON SCHR/BER AND 3ANE ROSS PARCEL ID #-' 1000-117-3-10 STREET & LOCALrl'Y-' 1295 Old Harbor Road~ New Suffolk DATE OF PUBI-[C HEAR/NG-' September 24~ 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the northerly side of Old Harbor Road, Suffolk. The August 19, ].997 survey shows a lot size of' 19,476 sq. ft. (induding land underwater) and the following buildings: 2-1/2 story frame single- family dwelling and accessory storage shed. Nso shown is the subject raised brick patio with timber border. BASIS OF APPEAL: Building Inspector's 3uly 15, 1998 Notice of Disapproval with respect to section 100-244B and a setback of less than the required 35 f~ct. AREA VARIANCE 'R~-~EF REQUESTED BY APPL/CANT: The request ma0e by applicant is for'approval:of the "as built" raised, unroofed p~Lio (addition) at 14.5-i-- feet from .th~ southerly front property line, along Old Harbor Road, as more particularly shown on the August 19, 1997 survey prepared by Stanley 3. Isaksen, :Ir. REASONS FOR BOARD ACTIoN~ DESCRIBED BELOW: (1) The granting of the area variance will net produce an undesirable change in character of neighborhood or a detriment to nearby properties because the "as built" patio is not more than seven (7) inches above grade at any point. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The patio is raised to insure water drainage is away from the house and for aesthetic reasons. (3) The requested area variance is not substantial. (4) The variance will not have an adverse effect or impact on the physical or Page 2 - September 30, 1~ Appl. No. 4607 - 1000-117-~-10 (Schriber) Southold Town Board of Appeals environmental conditions in the neighborhood or district. (5) The alleged difficulty has bccn self-created. (6) In considering this applicaUon, the Board deems this acUon to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLU'I'[ON/ACT[ON: On moUon by Member Dinizio, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, /..'~.. ERARD'~. GOEH~NG~, ~AN /' App~v~ for Filing 1000-117-3-10 RECEIVED AND FILED BY TI-IE SOUTHOLD TO¥~ CLEBK DATE /o/~'/~'~HOUR/.'oo ~,¢/ .--' ~--:-.,.,~ ~./~~ Town Clerk, ToM of ~ , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 1998 Appl. No. 4620 - GEORGE H. STARKIE PARCEL 1000-57-1-7 STREET & LOCALITY: 630 Tarpon Drive~ Southold DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 39 on the Map of Southold Shores, filed in the County Clerk's Office August 29, 1963 as Map 3853. Its lot size is approximately 20,000 sq. ft. and lot width of 100 feet at the street line. The property is improved with a single-family dwelling and wood retaining wall, as shown on the survey dated November 2, 1987 prepared by Donald M. Bayles. BASIS OF APPEAL: Building Inspector's August 28, 1998 NoUce of Disapproval which reads as follows: "under Article XXIII, Section 100-230.4B, all buildings located on lots which a bulkhead exists shall be set back no less than 75 feet from the bulkhead. Proposed accessory shed is 41 ft. +/- from the bulkhead. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16' by 20' accessory storage shed in the rear yard area at a setback of 41 feet to the bulkhead. REASONS FOR BOARD AC-q-iON, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following Findings: Applicant's rear yard is improved to a significant extent with a Patio, walkways, stone groUnd cover and retaining wallS. The patio is set back apprOximately 55 feet from the bulkhead. Because of a high water table, the house hasno cellar and applicant therefore wishes to erect a shed to protect lawn and garden furniture and equipment. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because many structures in the neighborhood are set back less .than 75 feet from the bulkhead and applicant's shed will be of modest scale and somewhat screened from the neighbors by shrubbery. P~e.-~e 2: Appl. No. 4620 Re: 1000-57-1-7 (Starkie) ZBA Action Rendered 10/27/98 Because of the size and shape of the lot, the benefit of a shed cannot be obtained without the granting of a setback variance. The requested vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The grant of the requested variance is the minimum necessary and adequate to enable the applicant to obtain the benefit of protected storage space while preserving and protecting the character of the neighborhood, and the health, safety, 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 the shed shall contain no utilities. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLLINS, HORNING. (Absent due to bereavement was: Member Tortora). This Resolution was duly adopted by all the members present (4-0), .- .~_~-~¢_,_,~///..~~~¢'~ _ ... GERARD P, GOEHR]NGER / ~ CHAIRMAN Approved for Filing 1000-51-1-7