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HomeMy WebLinkAboutZBA-08/13/1998APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, AU&UST 13, 1998 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 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, AUGUST 13, 1998 commencing at 6:05 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (until 8:S0 as agreed) Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:05 p.m. Gerard P. Goehringer, Chairman called the meeting to order. AGENDA ITEM I: DELTBERAT[ONS/DECISIONS, carryovers from prior meeting~ as listed below. The originals of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Appl. 4579 - EDWARD AND AUDREY CIELATKA -Conditional approval. Appl. 4583 - BRETT AND MARIA MELLINGER- Conditional approval. Appl, 4585 - ISKENDER EREY AND ANGELICA BENGOLEA - denial, Appl. 4586 - LISA McELROY - Conditional approval. II. PUBLIC HEARINGS: (Unless otherwise noted below, each hearing included testimony by the applicant or his agents, statements pro and con, and questions from the ZBA. Please see Transcript of Hearing Statements prepared separately and filed with the ToWn Clerk's Office in Page~* 2 of 10 - uinut~/ August 13, 1998 Regular AReefing Southold Town Board of Appeals accordance with New York Town Law.) 6:25 p.m. Appl. No. 4590 - WALTER KRUPSK/. A Variance is requested under Article XXIV, Section 100-244B for a proposed addition to existing dwelling with an insufficient front yard setback. Location of Property: 315 Pat Lane, Mattituck, NY; Parcel #1000-114-10-6. 3. Fitzgerald spoke in behalf of the applicant. (No objections were submitted from anyone in the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5- 0). 6:28 p.m. Appl. No. 4591 - A. ROMANO. A Variance is requested under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, based upon the Building Inspector's 3une 15, 1998 Notice of Disapproval for a permit to construct addition and alteration for a seasonal dwelling, which states: "Under Article II[A, Section 100-30A.3 of the Bulk and Parking Schedule in the R-40 Zone, the lot size of 8,662 sq. ft. has an allowable lot coverage of 20% or 1,735 sq. ft. Proposed construction will have 1,980 sq. ft. of lot coverage of 22.9+- percent." Location of Property: 1380 Leeton Drive, Southold, NY; Parcel #1000-58-2-2. RESOLUTLON/CANCELLATTON OF THE NEXT HEARING at applicant's request. Also await proof of Notices as per Ch. 58 before start of hearing on October 15th for testimony. On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to cancel the Z. Svatovic hearing regarding Appl. No. 4593, and to re-calendar this matter for a new hearing to be held at the Board's Thursday, OCTOBER 15, 1998 Regular Public Meeting. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Homing. This Resolution was duly adopted (S-0). PUBLIC HEARINGS, continued: Page-3 of 1'C) - Minute~ ' August 13, :1998 Regul~i~Meeting $outhold Town Board of Appeals 6:46 p.m. Appl. No. 4595 - W. TUFANO. Variance under Article XXIII, Section 100-239.4B based on the 3uly 15, :1998 Notice of Disapproval in which applicant has applied for a building permit to construct new dwelling with deck addition at less than 75 feet from existing bulkhead. 2482 Camp Mineola Road, Mattituck, NY; Parcel #1000-122-9-9.6. Mr. Bill Tufano appeared in behalf of his application and submitted the return receipt (green) cards, noting that Folley Beach owner's green card was not received at this time. After receiving testimony and noting no objections regarding this project, motion was made by Chairman Goehringer, seconded by Member Homing, to close the hearing. This Resolution was duly adopted (5-0). 6:50 p.m. Appl. No. 4587 - .3OH.N. DWYER.. Varianc_.e under Article XXIV, SeCtion 100-244, based upon the Building Inspector s May 5, 1998 Notice of Disapproval which disapproved an application for a permit to construct an addition to dwelling for the reason that it encroaches on the combined side yard setbacks. Location of Property: 2625 Bay Shore Road, Greenport; 1000-53-4-21. Harvey Arnoff appeared as attorney (for the applicant, who was is recuperating from surgery and ambulatory problemS). Mr. Arnoff submitted the post office green return receipt cards. After receiving testimony and noting that there was no objection raised during the hearing, motion was made by Chairman Goehringer, seconded by Member Dinizio, to close the hearing. This Resolution was duly adopted (5-0). 6:57 p,m. Appl. No. 4596 - BERYL CAFFREY. A Variance is requested~ under Article II~[, Section'. 100-33B-4 for a corner of the ,'as built" accessory building under Building Permit #22394Z issued 10/17/94. ~The foundation is setback at less than the required 20 ft. side yard setback. LoCation of Property: 9395 Sound Avenue, Mattituck, NY; Parcel #1000-121-2-4. William Kelly (Morton Buildings Contractor) appeared and spoke in behalf of the applicant. After receiving testimony and noting no questions from Board Members and no objections from any person during the hearing, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to ciose the hearing. This Resolution was duly adopted (5-0). RESOLUTZON/CANCELLATION OF THE NEXT HEARING at applicant's request received 8/13/98 by telephone. Also await proof of Notices as per Ch. 58 before start of hearing for testimony. Personal appearances by adjacent property owner, Mrs. Cheryl Woods, and adjacent property Page~ 4 of lO -Minute(~ August 13, Z998 Regula'~'Meeting ~outhold Town Boar~l of Appeals owner, Mrs. Berdinka, were noted. The Chairman indicated that our office had tried to reach Mrs. Berdinka today when the applicant called and canceled the hearing (her telephone number was not listed in the telephone book). Both ladies left their telephone numbers with the Secretary and were advised of the new hearing date of October 15, 1998. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to cancel the hearing regarding Application No. 4581 of 3OSEPH LEBKUECHER, 93S Franklinville Road, Laurel, 1000-12S'2-2.2, and it was FURTHER RESOLVED, to re-calendar and re-advertise this matter for a new hearing to be held at the Board's Thursday, OCTOBER 1S, 1998 Regular Public Meeting. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Horning. This Resolution was duly adopted (5-0), PUBLIC HEARINGS, continue on page $ hereof. Agenda Item III. SEQRA Declaration RESOLUTION: Under N.Y.S. Environmental Quality Review Act application files involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 pertaining to substandard lots as exist, and lot line changes, were confirmed to be Type II actions under the State SEQRA list regarding tonight's applications. No further procedure under SEQRA was required. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, confirming Type II Actions for application calendared for public hearing on this date: W. Krupski~ A. Romano, Z. Svatovic~ W. Tufano, B. Caffrey~ M. Ferraris, and R. Sledjeski. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER~ DINIZIO, TORTORA, HORNING, AND COLLINS. This RESOLUTION was duly ADOPTED. Pag~ 5 of 10 - Minut~ ' August 13, Z998 Rcgul~Meeting Southold Town Board of Appeals AGENDA ZTEM [V: REGULAR MEETZNG AND NEW APPLZCATZONS. As requested by at least two board members, the date of the September lOth Meeting was changed to September 24, 1998. On motion by Chairman Goehringer, seconded by Member Homing, it was RESOLVED, to authorize advertisement of the following applications for public hearings to be held THURSDAY, SEPTEMBER 24, 1998: (new) Appl. No. 4598.1c - WILl. lAM F. GOUBEAUD. Area variances regarding size of lots in proposed division of land at Pine Neck Road and Gagen's Landing Road, Southold, 70-10-37. (new) Appl. No. 4599.jd - PATRZCK MORTIMER. Proposed deck and "as built" shed and "as built deck/patio." 389S Paradise Pt. Road, Southold. (new 7/29) Appl. No. 4600.1t - E. ZIMMERMAN. Deck proposed within 75 ft. of bulkhead at SO0 South La., East Marion. 38-6-11. (new 7/30) Appl. No. 4601.1c - ROBERT SMITH. Addition and alteration to garage/nonconforming "cottage" use. 50S Pt. Pleasant Road, Mattituck. 113-9-11. (new 7/30) Appl. No. 4602.jd - CLIFFORD CORNELL. "As built" gazebo lot coverage variance at 325 Willow Pt. Road, Southold; 56-5-26. (new 7/30) Appl. No. 4603.1t - ARTHUR R. TORELL. Waiver of lot, created by subdivision map. 365 Westwood Lane~ Greenport. 33-2-11+ 10. (new 7/30) Appl. No. 4604.1c - ARTHUR R. TORELI. Setback variance or, alternatively allow reduction of lot size/proposed lot line adjustment. Westwood Lane, Greenport. 33-2-11. (New 8/7) Appl. No. 4605.jd - LIEB CELLARS & PALMER. Variance for winery on less than 10 acres at 34995 Main Road, Cutchogue. 97-1-11.4. (new 8/7) Appl. No. 4606.1t - MASTRO. Extend fence along bulkhead at 6760 Gr. Pec. Bay Blvd., Laurel. 126-11-3.1. (New 8/10) Appl. No. 4607.1c - 3OHN SCHRIBER. As built raised patio with reduced front yard setback at 1295 Old Harbor Road, New Suffolk. 117-3-10. (New 8/11) Appl. No. 4608.jd - BERYL CAFFREY. Accessory buildings in front yard at 520 Cedar Dr., Mattituck. 106-10-24.1. Pag~ 6 of 10 - Minute.~i~ August 13, 1998 Regular Meeting $outhold Town Boa~cl of Appeals (Prior Resol./adv.) Appl. No. 4592 - KOSTAS ZACHARIADIS. Applicant is requesting Variances based upon two Building Inspector 3une 12, 1998 Notices of Disapproval for (a) the proposed location of an inground swimming pool in a front yard area (facing a street or right-of-way), Article III, Section 100-33, and (b) the insufficient front yard setback of an "as-built" deck addition to dwelling, Article XX~V, Section 100-244B. Location of Property: 1697 Little Neck Road, Cutchogue, NY; Parcel #1000-103-5-2.2. (Prior Resol,/adv.): Appl. No, 4597.1t - BUILDING DEPARTMENT. Request for Town-Wide Interpretation under Section 100-259 - Land Clearing (question: which zones apply?). (Prior Resol./adv.) Appl. No. 4582.1t - ALI YUKBASIOGLU. Contract Vendee: Soonok Klm. Owners: ROBERT and ETHEL SCHROEDER. Property: 4380 Route 25, Greenport (near East Marion); 1000-35-5-4, Interpretation requested regarding service station and/or public garage use, VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOR- TORA, HORNING, AND COLLINS. This Resolution was adopted (5-0). PUBLIC HEAR~ NGS, continued: 7:08 p~m. varia the states: in height." structure. No. 4594 - 3une 15, 1998 in side or ~ is ~proposed for the Location .of Property: 351 A pon :ennis court Orient;: Parcel 1000-27-2-2.10. Mrs. Nancy Ferraris spoke in behalf of~ her application, noting an amended height at eight (8) feet instead of 10 feet for the tennis court fencing. Opposition was received from Mrs. Barbara Friedman for substantial' screening. The applicant has offered dogwood or similar screening for portions of the yard and was requested by the Board to submit a screening proposal. Another site visit was arranged for Board Members for Saturday, August 22nd between 9:30 and 10:00 at Mrs. Ferraris' property. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to RECESS this matter until the Regular Meeting of September 24, 1998. (Mrs. Ferraris noted that she would not be able to attend at that time.) Vote of the Board: Ayes: Members Goehringer~ Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). Page~ 7 of 10 - Minute~/ ~ August 13, 1998 Regular Meeting $outhold Town Board of Appeals 7:35 - 7:46 p.m. SHORT BREAK. Motion was made by Member Horning, seconded bY Chairman Goehringer, to recess for a few minutes. Vote of the Board: Ayes: All. 7:46 p.m. RECONVENED. MotiOn was made by Chairman Goehringer, seconded by Member Horning, to reconvene. Vote of the Board: Ayes: All. PUBLTC HEARINGS, continued: 7:47 p.m. Appl. No. 4589 - R. SLED3ESKT. Special Exception under the Zoning Ordinance, Article III, Section 100-31B-13 for Accessory Bed and Breakfast Use. Zone DistriCt: LB Limited Business. Location of Property: 305 North Road at intersection with Sound Road, Greenport, NY; ParCel ID #1000-35-1-21. Patricia Moore appeared as attorney for the applicant. Mrs. Moore indicated that the property has changed ownership, and that the application notes the transition. Mrs. Moore submitted a copy of the deed which was previously requested. It was applicant's position that although they had voluntarily submitted the Special Exception request for a Bed and Breakfast (instead of sending a letter requesting non-jurisdiction), it is the applicant's position that Section 100-81A for this LB Zone District allows a B&B as a permitted use without the need for a Special Exception approval. Although Mrs. Moore is awaiting a determination from the Building Department, the Building Department has not made a ruling, and in the essence of saving time, Mrs. Moore is asking the Board to issue a ruling. (See favorable action rendered at end of tonight's hearings.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, to close the hearing. VOTE OF THE BOARD: AYES: MEMBERS GOEHRZNGER, DZNIZIO, TOR- TORA, HORNING, COLLINS. This Resolution was duly adopted (5,0). PUBLIC HEARINGS, continued: 8:03 - 8:SS p.m. Appl. No. 4509 - E. TONYES/SOUTHOLD AUTOMOTIVE. Location of Property: Citgo Station, S4360 Main Road, Page' 8 of 10 ' Minute;-" August 13, 1998 RegulaP Meeting $outhold Town Board of Appeals Southold, NY:, Parcel 1000-61-4-23. This is an application requesting Variances based upon the Building Znspector's August 13, 1997 Notice of Disapproval. Applicant has applied for a building permit to construct addition and to alter existing gasoline station building, and the application was disapproved for the following reasons: "Under Article XXLV, Section 100-243A, a nonconforming building with a nonconforming use shall not be enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear yard .... " Patricia Moore, Esq. appeared as attorney for the applicants and submitted additional information for the record, together with the new Affidavits of Posting and Mailing with post office receipts. Both Donald and Edward Tonyes gave testimony regarding their proposal. 3ohn Romanelli (business owner and Councilman) spoke in support of the applicaUon. After receiving extensive testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. This Resolution was adopted by all the Members (5-0). 8:50 p.m. Member Horning was excused at this time in order to visit the Tonyes site on the Main Road, Southold, and catch the ferry back to Connecticut. Before leaving, Member Homing asked if there would be any action regarding the next application (Rosen), and received a negative response from Board Members. PUBLIC HEAR/NGS~ continued: 8:55 - 9:58 p.m. Appl. No, 4544 - MARTIN ROSEN. Location of Property: 11780 Sound Avenue, Mattituckv NY; #1000-141-3- 44. Applicant is requesting an Interpretation regarding a proposed tower structure in this LIO Light-Industrial-Office Zone District, and/or Variances for a proposed tower structure under Article X/V, Sections 100-165B, 100-142, 100-165B, 100-162C.3. Charles Cuddy, Esq. appeared as attorney and confirmed his submitted of the office use and accessory tower proposal, as Page :LO of :LO- Minutes August :L3, :L998 Regular Meeting $outhold Town Board of Appeals R. Sledjeski #4589. Resolution was adopted confirming that a Special Exception is not required in this LB Zone. (The attached determination with Resolution is incorporated herein as though written in its entirety.) 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 11:00 p.m. Respectfully submitted, 8/17/98 Atta ch m ~e~n~n ts~T-~O ecisi°~s(S)--~/~---~ .._~~roved for Filing ~ 1~f//9,8*4 ,/' G~rard P. Goehringer, Chairman~/~/~98 Page 9 of 10 - Minute- August 15, 1998 Regul~Meeting 5outhold Town Board of Appeals amended, in an application to the Building Department on 3uly 13th. To date no ruling has been issued. Mr. Cuddy, Dr. Olshin (Physics Expert) and Martin Rosen, the applicant, submitted additional testimony in support of the application. In opposition were Andrew Forkholb and 3oan Robbins, resident from New Suffolk. Member Collins indicated that additional Notice regarding "whether or not this project falls under Article XVI" is expected to be requested by the Board at the next meeting (pending the applicant's request for a determination on the amended principal (office) use and accessory radio tower. After receiving extensive testimony, it was RESOLVED, to recess this hearing without a new date (for the reasons noted during the hearing). VOTE OF THE BOARD: AYES: MEMBERS GOEHR/NGER, DINIZIO, TORTORA, COLLINS. (Member Horning was absent at this time.) This Resolution was adopted by all the members present (4-0). End of Hearings. This public m=:ting continued as noted below: 10:15 - 11:00+- p.m. WORK SESSION-INFORMAL STRAW OPINION POLL: Assigned members were requested to submit their drafts to the Chairman as soon as possible, in order that they may be addressed at the Special Meeting to be held (tentatively set for August 24, 1998). The applications expected to receive approval at the Board's next meeting are: W. Krupski #4590 (informal poll) W. Tufano #4595 (informal poll) 3. Dwyer #4587 (informal poll) B. Caffrey #4596 (informal poll) DELIBERATTONS/DECISION: APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI~S TOWN OF SOUTHOLD Southold Town HaU 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 AUGUST 13, 1998 Appl. No. 4579 - EDWARD AND AUDREY CJF. r. ATKA PROPERTY LOCATION: 260 Cedar Road (at intersection with Summit Road), Southold, NY; 1000-78-9-29 (Bayside Terrace). DATE OF PUBLIC HEARING: July 23, 1998 FINDINGS OF FACT APPLICANTS' REQUEST and BASIS OF APPLICATION: Applicants are requesting a Special Exception pursuant to Article IH, Section 100-31, subsection B-13 for permission to establish nn "Accessory Apartment" wi,hin the exis~ng principal (dwelllng) building ms indicated on the sketched plan.~ submitted with this application. PROPERTY FACTS/DESCRIPTION: The property is located in an R-40 Residential Low-Density Residential Districts and contains 9.0,661 sq. ft. according to the survey prepared by Roderiek Van TuyI, P.C. dated April 9.8, 1987 submitted with this application. The property is known as Lots Numbered 9.? and 9.8 on the Map of Bayside Ter~ace, flied March 11, 1953 in the S,~ffolk County Clerk's Office as Map 2034. The premises is improved with a one-story frame house and attached garage. FINDINGS OF FACT: In considering this application, the Board has reviewed the requirements set forth pursuant to Article III, Section 100-31B13 to establish an Accessory Apartment and finds that the applioant complies with the requirements for the reasons noted below: 1. The "Accessory Apartment" would be located in the principal building. 2. Mr. and Mrs. Edward Cielatka, the applicants herein, have submitted a copy of their current deed indicating that they are the owners Of this property. The deed was r§cerded October 17, 1957 in the Office ~f the Suffolk County Clerk. The oWners, of .the existing dwelling plan tO occupy one of the dwelllng ~,nlts as their principal dwelling. 3. The existing dwelling contains a total of 1820 sq. ft. of livable floor area and meets the code required minimum 1600 sq. ft. livable floor area. Page 2 - Appl. No.~-4579 Re: Cielatka (1000-7-8-9-29) Decision Rendered August 13, 1998 4. The Accessory Apartment meets the code required 450 sq. ft. minimum livable area and would contain 600 sq. ft. of livable floor area. 5. The 600 sq. ft. Accessory Apartment comprises 32 percent of the total 1820 sq. ft. livable floor area of the existing dwelling and would not exceed the code required 40 percent maximum allowable for an Accessory Apartment. 6. The applicant's plans comply~ with the on-site parking requirements and provide for a total of three parking spaces: two for the principal use and one for the Accessory Apartment. 7. The applicant complies with the requirements of a dwelling unit as defined in 100-13 of the Zoning Code. 8. The plans indicate that exterior entry to the Accessory Apartment of the -existing one-family dwelling will retain the exisl~ng appearance of~a one-family dwelling. 9. The existing building has a valid Certificate of Occupancy issued prior to January 1984 as required. A Certificate of Occupancy was issued November 24, 1959, #Z-431 for a one-family dwelling. 10. In addition, the applicant has agreed to comply with Section 31-g, j, k, 1, n, o, p, and q, of 100-3lB. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-253 and finds that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town 'will not be adversely affected by the proposed use and its locations. D. That the USe will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surround~,tgs and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and Overall appearance. F. That all proposed structures, equipment and material shall Page 3 - Appl. No. S~4579 Re: Cielatka (1000-78-9-29) Decision Rendered August 13, 1998 be readily accessible for fire and police protection. 11. The Board has also reviewed other Matters to be Considered under Section 100-264 and finds that no adverse conditions will result from this authorization. Accordingly, on motion by Member Tortora, seconded by Member Homing, it was RESOLVED, TO GRANT the Accessory Apartment Use, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, AND COLLINS. This Resolution was adopted by unanimous vote (5-0). AS400 fActions, all 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 REGULAR MEETING OF AUGUST 13, 1998 Appl. No. 4585 - ISKENDER EREY and ANGELICA BENGOLEA. PROPERTY LOCATION: 680 South Lane, East Marion; 1000-38-6-7. DATE OF PUBLIC HEARING: July 23, 1998 PROPERTY FACTS/DESCRIPTION: The above-identified p~operty :iq located on the southerly side of South Lane, East Marion, and contains a total area of 15,680 sq. ft. and lot width of ?0 feet. The survey map submitted under this application shows that the subject promises is improved with a 1-1[2 story sln~le'family dwelling with attached deck. Also exiq~ng iq a bulkhead which is located approximately 75 feet north from the o~Hnary highwater mark Of Gardiners Bay shown on the Septem- ber 4, 1996 survey propared by Roderick Van Tuyl, P.C. and updated by Eduardo LaCroze, R.A. This property iq zoned .R-40 Low-Density Residential. BASIS OF APPEAL: Building Inspector's May 21, 1998 Notice of Diqapproval for a Variance under Article XXIII, Section 100-239.4B for a deck. addition and alteration which will be located within 75 feet of a bulkhead adjacent to a tidal water body (Gardlners Bay). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request: made by applicant iq to locate a 250 sq. ft. extension of exi~ting~ (225; s.~;' ~ft.~)' deck, measu~ 21'6" in depth at the westerly side, 1~' along :the ~terl~ side, an~13,5 feet i~ width. The new deck will eXtend 2' over the existing tie wall landward of the bolkhead. The new setback 'is proposed at 7'6" from the bulkhead at a minimum of?5 feet to the ordinary highwater turk, which highwater mark extends beyond the bulkhead. REASONS/FINDINGS: (1) The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed location of the deck addition and alteration as originally submitted would be approximately ? feet 6 inches from the bolkhead, ~nd the alternative plan submitted at the July 23rd hearing would place the deck addition approximately 9 feet from the bulkhead. Page 2 - August 1~998 Re: 1000-38-6-7 (Erey) Southold Town Board of Appeals (2) The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant was granted permi.~sion to and did construct a deck approximately 19 feet from the bulkhead in 1996. A further encroachment on the 75-foot setback to the bnlkhcad is unwarranted because the applicant can enjoy the existing deck. Furthermore, the applicant's property is 230 feet deep on the west side and 218 feet deep on the east side and contains ample room to expand the existing dwelling in a conforming area that would not require a variance. (3) The requested area variance is substantial and represents a 88 to 90 percent reduced in the code required 75-foot setback. (4) The difficulty bas been serf-created because the applicant knew at the time that he purchased the property of the code-required setback to the bolkhead and because the applicant has alternatives which do not require a variance. (5) The proposed var~nco will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck addition and alteration would con.gume almost ~ll the protected 75-feet building buffer zone created by the Town of Southold to protect the integrity of its waters. In considering thi.~ application, the Beard finds that the relief requested is not the minimum necossary and adequate, and that at the same time would not preserve and preteet the character of the neighborhood, and the health, safety, welfare of the eamm, mlty. RESOLUTION/ACTION: Member D~ni~.io, it was On motion by Member Tortora, seconded by RESOLVED, to DENY the relief, as applied for. 1000-38-6-7 VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, AND COLLINS. Thi.~ Resolution was duly adopted. 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 REGULAR MEETING OF AUGUST 13, 1998 Appl. No. 4586 - LISA MeELROY. PROPERTY LOCATION: 2565 Long Creek Drive, Southold; 1000-52-8-2. DATE OF PUBLIC HEARING: July 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the northerly side of Long Creek Drive, Southold, and contains a total area of 56,873 sq. ft.,' including wetland/pond area. The survey map prepared by Howard W. Young, L.S. and last updated July 16, 1997 shows that the subject premises is improved with a two-story frame dwelling with attached garage situate 50.9 .feet off the southerly front property llne and an in-gronnd pool with surrounding concrete, patio. BASIS OF. APPEAL: Building Inspector's July 22, 1997 Notice of DisapprOval for a building permit regarding an "as builtn swimmlngpool which is not located in the required rear yard pursuant to Article. IIIA, Section 100-30A.4. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant is requesting approval of the location of a portion ~of the existing swimming pool in the side yard. The setback of the swimming pool is shown to be 16.3 feet from the westerly side property line, 81.5 feet from the edge of the wetlands at its closest point and 31.5 feet from the edge 'of the "non-disturbance buffer" arOUnd~ the wetlands. The s0uthe~ly end of the pOOl extends into. the side Yard for approximately 11 feet south of the rear line of the house. REASONS FOR BOARD ACTION~ DESCR, IBED BELOW: The ~pool was constrUcted without a bUilding permit In :the belief '~hat' the permit for the house and the approval Of the Town' TruStees sufficed. The pool's location was chosen in part because the applicant believed it had to be set back at least 75 feet from the wetland. The applicant's difficulty, which causes him to seek the requested variance, is self-created. HOwever, because the pool is already built, the applicant cannot achieve the benefit of a pool by some other approach without incurring substantial expense to relocate the pool. Even if he were to relocate it, there would be difficulty in Page 2 - August 1~998 Re: 1000-52-8-2 Southold Town Board of Appeals finding a location in the rear yard that did not encroach on the non-disturbance buffer zone as shown on the survey prepared by young and Young dated 9'4~96. ' The variance sought is not substantial. In view of the authorization preViously granted by the Town Trustees, granting .of the variance is not expected to have an adverse effect on the physical or environmental COnditiOns in the neighborhOod. Granting of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties provided that the pool filter and pump are adequately screened from the adjacent neighbor. The Board finds that the grant of the reqUested variance, with the conditions set forth below, is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a pool while preserving and protecting the character of the neighbOrhOod, and the health, safety and welfare of the Community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member/Chairman G°ehringer, it was RESOLVED, t° GRANT the variance as applied for, subject to the follOwing CONDITIONS: 1. The p0°l pump and filter equipment shall be moved to a loCa~on at least five (5) feet from the westerlY proPert~ line, and shaii be fully enclosed in a shed Constructed for the purpose. The Board does not require that applicant's Obtain further Variance apProVal for the setback of the enclosUre at less than the 20 ft. Code setback in order to meet this COndition. : 2. A screen of evergreens at least three (3) feet high, and no mOre than four (4)feet apart, Shall be planted between such shed and the westerly property line. Such screen shall extend at least four (4) feet beyond the nOrtherly and southerly sides of the shed and shall be continuously maintained. 3. : N0 cer!ifieate of OccupanCy Shall~ issued for the` subject shed-enclosUre until the above Conditions have been complied with.~ VOTE OF THE BOARD: AYES:' MEMB~.~S GOEHRINGER, DINIZiO, TORTORA, HORNING, AND COL_.I~---..~s Res~RIIT61)..~ a~l°Pted ~-'"'~UGUsT 15, 1998 ~ . / 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 REGULAR MEETING OF AUGUST 13, 1998 Appl. No. 4583 - BRETT AND MARIA MELLINGER SUBJECT PROPERTY: 440 Midland Parkway, Southold; 1000-88-2-12.1 (11 & 12). DATE OF PUBLIC HEARING: July 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the east side of Midland parkway, it consists of Tax Map Parcels 11 and 12 which have been merged at the request of applicant and which together contain a total area of 61,6100+- sq. ft. The survey map submitted .under this application shows that the subject premises is improved with a two-story frame house and adjacent, but detached pergola. BASIS OF APPEAL: Article IIIA, Section 100-30A.3 of the Bulk Schedule; Building Inspector's May 21, 1998 Notice of Disapproval for a building permit to construct deck addition and attach the existingI accesSorY pergola. The reason for the building inspector's disapproval is" that attachment to the deck will make the pergola a part of the house, and no longer an accessory, and it will not conform to the mip~mum side yard setback of 15 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant is requesting a variance to connect the pergola and the proposed deck addition, which leaves the most northeasterly corner of the pergola at 5+- feet from the closest property line. Applicant has confirmed that the line which formerly divided Lot 1 and Lot 2 on the 1986 Map (Tax Map Parcels 11 and 12) is removed and that the lots are combined as one - (also confirmed as shown on Assessment records and applicant's letter to Assessors). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant's proposed deck will attach to the existing pergola and thereby make it a part of the house and and thus subject to the side yard setback requirement for a principal structure. The location and character of the existing pergola will not be changed. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood because the location and character of the existing pergola will not be changed. Page 2 - ZBA Au~ i3, 1998 Re: 1000-88-2-12.1 (11 + 12) Mellinger The requested variance is not substantial, as only a small segment -- about 10 feet -- of the existing pergola is close to the northerly property line with Tax Map parcel 10; the remainder of the pergola is adjacent to Tax map parcel Il, which is owned by applicant and has been merged with parcel 12, on which the pergola stands. Grant of the requested variance will not have an adverse effect on the physical or environmental conditions in the neighborhood because the existing pergola and proposed deck are both open, above-ground structures. The Board finds that the grant of the requested variance, with the conditions set forth below, is the minimum necessary and adequate to enable applicant to enjoy the benefit of an attached deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On Motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for, subject to the following conditions: 1. The proposed deck shall be and remain open to the sky and unenclosed except for a railing. 2. There shall be no additional roofing, nor any side wall enclosures, on the pergola. VOTE DINIZIO, TORTORA, duly adopted (5-0). OF THE BOARD: AYES: MEMBERS GOEHRINGER, RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGSf DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING 0 F AUGUST 13, 1998 Appl. No. 4589 CURRENT OWNER: R. SLED3ESKZ/S. SLED3ESK[~ B. ZORN PROPOSED RESIDENT'. Owner ZONE DISTRICT: Umited Business (LB.) PARCEL 1000-35-1-21. STREET & LOCALITY: 455 Main Road, Greenport. DATE OF PUBLIC HEARING; August 13,1998 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 REQUEST MADE BY APPLICANT: Applicant has applied to the Building Inspector for a permit for an =Accessory Bed and Breakfast" to be established at 455 Main'Road, Grccnport. The residence at this site is shown to be proposed for the new owner (Bobble Zorn as of 7/3:~/98). Up to three bedrooms are proposed for the B& B on the second floor and .the owner will continue his/her residence, all in this principal building. The present business use may be confinued~ in conjunction with the above proposal. FINDINGS (PROPERTY DESCRIPTION]: This property is located in the Limited Business Zone Districl~ being a corner lot situate on the north side of the the North Road' and the east side of SoundAvenue~ Greenport~ The subject property contains a total lot area of 80,569 sq. ft. and is improved with a two-stow'frame budding (recent restaurant use .and residential Use). ," under I and breakfast uses in the LB Zone, as set forth in ander' Article VIII, Section 100-81-A(3) and regulated bY Section 100-31B{14): Bed and breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be_ Issued for a term Of ? (I).y?r if Ire follo, w_ing v.~are met: (al A smoke alarm shall be provided on each floor aha m every guest room, [DJ dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room; (c) The identification sign shall be no larger than two (2) square:feet in areas zoned Residential-Office or higher, but there shall be no exterior slgnage identifying the Page 2 - Decision of Augu~ t998 Parcel 1000-35-1-21 (Sledjeski/Born) Southold Town Board of Appeals use asa bed-:3nd-breakfast in residential areas; (d) No accessory apartment, as authorized by Section 100-31B(13) hereof, shall be permitted in or on premises for which a bed-and breakfast facility is authorized or exists, Section 100-13 defines BED AND BREAKFAST as follows: The renting of not more than three rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms for suCh purpose is clearly incidental and subordinate to the principal use of dwelling. REQUEST BY APPLICANT: Applicant believe*~ 'that an Accessory Bed and Breakfast is a permitted use in the Limited Business zone District without a Special Exception, but has nevertheless applied for a Special Exception because there appears to be some possibility that such will be required by the Building Inspector. REASONS FOR BOARD ACTION, ,DESCRIBED BELOW: The Board has reviewed the applicable law in Articles I, IIIt and VIII of the Zoning COde. The Board agrees with the applicants contention that a bed and '. breakfast use is permitted in. the Limited Business Zone without a Special Exception. Consequently, the proposed Bed and Breakfast does not require any authorizing action-by the Board. The Board bases this conclusion on the applicant's testimony that there will be full compliance with the applicable Code provisions, including the definition in Section 100-13 and the requirements in Section 100-31B(14). RESOLUTION/ACTiON: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to DISPOSE of this application in the manner set forth above. 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). For Filing 8/19/98 CHAIRMAN 3OE Page 10 of 10- Minul~- August 13, 1998 Regul~ Meeting $outhold Town Board of Appeals R. Sledjeski #4589 - Resolution was adopted confirming that a Special Exception is not required in this LB Zone. (The attached determination with Resolution is incorporated herein as though written in its entirety.) 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 11:00 p.m, Respectfully sub mitred, nQa ROWalSKI 8/17/98 A~~tachmenL~'~OecisJoBs~(;5)--~/~-~ / ,~GPerP~r°~ p. Goel~rlngger/~airman~,~98/