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Home My WebLink AboutZBA-04/30/1998 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 Resolution Adopted 5/14/98 MINUTES SPECIAL MEETING THURSDAY, APRIL 30~ 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town HaH, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 30, 1998, commencing at 7: 00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Member George Homing Member Lora S. Collins Linda Kowaiski, Board Secretary Also present were Peter Stoutenburg regarding the R. Miller application, Gwynn Schreeder for the NFEC, and Mr. and Mrs. Art Gossner. 7:00 p.m. order. Gerard P. Goehringer, Chairman called the meeting to AGENDA ITEM I. DELIBERATIONS/DECISIONS, carried over from prior meeting agenda of 4/16/98. The Board took action on the following applications; the originais as adopted and filed with the Town Clerk's Office are attached hereto at the end of the Minutes: Appl. No. 4550 - RUTH MILLER. Location of Property: 6400 Indian Neck Road, Peconic. 1000-86-7-2.2. Appl. No. 4539 - FRANK LICARI. Location of Property: Lot #30, Map of Cedar Beach Park, 485 Orchard Lane, Southold. This is a request for a Waiver under Article II, Section 100-26, based upon the Buildlng Inspector's September 22, 1997 Notice of Disapproval which states: "...Under Article II, Section 100-25A, SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in common ownership at some time after July 1, 1983...under Section 100-25E, no building permit can Page 9. - Minutes -- April 30, 1998 Special Meeting Southold Town Board of Appeals be issued by the Town until this section has been complied with .... " Appl. No. 4556 - TllOMAS KEAN. Location of Property: East End Road, Fishers Island, NY; County Parcel ID 1000-4-3-10. This is a request for a Variance based upon the Building Inspector's November 10, 1997 Notice of Disapproval, which states: "...application for a permit to construct addition to an existing non-conforming guest cottage is disapproved on the following grounds: An existing building with a non-conforming use shall not be enlarged, altered, extended, reconstructed, or restored ·..pursuant to Article XXIV, Section 100-241A .... " Appl. No. 4557 DOROTHY THOET. Location of Property: 380 Peconic Bay Boulevard, Laurel, NY; County Parcel #1000-145-2-3. This is a request for an Interpretation under Article XXIV, Section 100-242A which reads as follows: "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new noncon- formance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings .... " Action is requested for an Interpretation to confirm that a variance is not required for the applicant's proposed reconstruction of ~n accessory structure. In the alternative, a variance is requested under Section 100-242B(1), based upon the Building Inspector's November 26, 1997 Notice of Disapproval and an existing nonconforming setback location. Appl. No. 4555 DONALD H. McALLISTER. Location of Property: Private right-of-way off the north side of East End Road, Fishers Island, NY; County Parcel #1000-4-4-1. This is a request for a Variance based upon the Building Inspector's August 27, 1997 Notice of Disapproval, disapproving an application for a permit to alter an existing cottage on the following grounds: "...In an 11-120 District, a non-conforming building with a non-conforming use shah not be enlarged, reconstructed or structurally altered unless the use of such building is changed to a conforming use, Article XXIV, Section 100-243A .... " Appl. No. 4558 - JOSEPH BENDOWSKI. Location of Property: 3060 Park Avenue, Mattituck, NY; County Parcel #1000-123-8-19. This is a request for a Variance based upon the Building Inspector's February 27, 1998 Notice of Disapproval, disapproving "-..an application for a permit to construct a rear deck addition to an existing single-family dwelling on the following grounds: "...under Article XXIII, Section 100-239.4B, proposed construction at 49+- feet will be within 75 feet of an existing bulkhead .... " Appl. No. 4561 - MATTITUCK PRESBYTERIAN CHURCH. Location of Property: 12605 Main Road, Mattituck, NY; County Page 3 - Minutes ~ i April 30, 1998 Special Meeting Southold Town Board of Appeals Parcel #1000-141-4-32.1. Zone District: HB Hamlet Business. This is a request for a Variance based upon the Building Inspector's March 13, 1998 Notice of Disapproval, disapproving a builcling permit application for an addition to existing church, for the following reasons: "...Under Article XXIV, Section 100-243, a non-conforming building with a non-conforming use cannot be enlarged, reconstructed or structurally altered. Note: the nonconforming use pertains to the HB Zone where churches are not permitted; the non-conforming building pertains to the existing front yard setback to Rt. 25 which is less than the required 15 feet .... " Appl. No. 4562 ROBERT KASSNER. Location of Property: 145 Teepee Trail, Southold; 1000-87-2-32. This is a request for a Variance based upon the Building Inspector's March 17, 1998 Notice of Disapproval, disapproving a building permit application for a 10' x 16' shed for the following reason: proposed accessory shed being located on a non-conforming lot in an R40 Zone is required to be located in the rear yard, Art. IIIA, Section 100-30A.4 further referred to Art. III, 100-33 .... , Appl. No. 4540 - MELISSA SPIRO AND OTHERS. Location of Property: 340 Glenwood Read and 295 East Road, Cutchogue; 1000-110-6-5 and 11.2. Continuation of Hearing held February 23, 1998. This is a Waiver request under the merger law, Article Il, Section 100-25 for 1000-110-6-5, which consists of approx, one-half acre. Appl. No. 4068 ELEANOR SIEVERNICH. Location of Property: 3200 Cox Neck Read, Mattituck; 1000-113-8-5. II. RESOLUTIONS]MISCELLANEOUS: A. RESOLUTION. On motion by Chairman Goehringer, seconded by Member Dinlzio, it was RESOLVED, to approve advertisement of the following new applications for May 14, 1998: 1. Appl. No. 4564.1t - BAYVIEW/SOUTH HARBOR, L.P. Accessory building in an area other than the required rear yard. Off Grange Read, Southold. 2. Appl. No. 4565.1c - STEVEN ZUHOSKI. Addition with Garage. Variance for side yard setback. 1090 Gold Spur St., Cutchogue, 95-4-18.12. Page 4 - Minutes -~ April 30, 1998 Special Meeting Southold Town Board of Appeals 3. Appl. No. 4566-jd FRANK BERTETTO. "As built" garage addition (pending building permit). 695 Shore Drive, Groenport, 47-2-18. 4. Carryover from March 23, 1998: RIVERHEAD BUILD- ING SUPPLY CO. Building width variance. Front St., Greenport. 5. Carryover from 3/23: Applications of MR. and MRS. THEODORE PETIKAS. (Await memorandum from applicant's attorney requested at March hearing.) Corner of W/s Sound Road and North Road, Greenport. a) Appl. No. 4526.1t Carryover Variances from March 23, 1998 for fence height and two-family use on 21,000+- sf. b) Appl. No. 4525.jd - Carryover Special Exception for two-family. 6. PLIACONIS. Carryover from 4/16. "As built" pool. 7. SHANK. calculations of lot. Carryover from 4/16. Await underwater VOTE OF THE BOARD: Ayes: Members Goehringer, Dinlzio, Tortora, Collins, and Homing. This RESOLUTION was duly ADOPTED (5-0). B. RESOLUTION NEW APPLICATIONS FOR JUNE MEETING. The Chairman indicated that there are new files which were submitted for reviews by Board Members, some of which are now seven days without file notations. Board Members were advised that in the event file notations are not entered within 10 days by Assigned Members after the office receives the documentation, then the file will be noted accordingly and processed without delay by the Board. On Motion by Chairman Goehringer, seconded by Member Dinlzio, it was RESOLVED, to authorize advertising and confirm hearing dates for the following new applications to be held Thursday, June 11 1998: ' 1. Appl. No. 4568.1c - D. SEGRETE. Pool location. Member Collins indicated her review of the new file finds the buildings are close to the 20% lot coverage limitation and a review was requested of the Building Inspector. Board Secretary also indicated she contacted Mr. Segrete and asked that he submit the Page 5 - Minutes ~ April 30, 1998 Special Meeting Southold Town Board of Appeals calculations to the Building Inspector (and ZBA) to determine whether or not an additional relief would be necessary. 2. Appl. No. 4569.jd - KROPF. 3. Appl. No. 4570.1t - FRAZZITTA. Addition. 4. Appl. No. 4571.1c - MILLIS. Garage/lot coverage. 5. Appl. No. 4572.jd - METHVAN, NICHOLAS. Deck/lot coverage. 6. AppY. No. 4573.1t NEXTEL Special Exception or Waiver from prior Special Exception conditions to co-locate antenna on existing monopole without affecting height. Elijah's Lane and Main Road. (Application is presently incomplete pending submission of documentation to show relationship of application and property owner and interest in the property and pending submission of seven (7) prints of construction diagrams and site plans before advertising. ) 7. Appl. No. 4574.1c - CHATPAR. garage and addition. Setback variances. Southold. Proposed accessory 680 Midway Road, 8. Reminder of Carryover hearing: Appl. No. 4544.1t - M. ROSEN. (Resolution adopted 4/16). VOTE OF THE BOARD: AYES: Tortora, Collins, and Homing. ADOPTED (5-0). Members Goehringer, Dinlzio, This RESOLUTION was duly C. SEQRA PENDING. The following updates were noted: 1) Bell-Atlantic/NYNEX, Mattituck project. (AlSo, await update information from applicant to be submitted from 2/4198 variance hearing.) Chairman Geehringer confirmed a recent telephone conversation with Howard Pachmsn, Esq. and said ~hst Mr. Pachman has indicated he does not plan to proceed or submit information to the Board on this Bell-Atlantic Application until after the Radio Tower/Rosen Application is finalized. 2) M. Rosen, Mattituck project. (Information' to be submitted by applicant from 4/16 variance hearing.) Member Dinizio stated that based on information to date and his personal knowledge with communication systems, he feels that the FCC use is exempt from the Telecommunication Law. Member Tortora indicated that if it were exempt then a tower height could be unlimited (at 100 or 500 feet), even on a quarter-acre of land size. Member Dinizio agreed. Page 6 - Minutes April 30, 1998 Special Meeting Southold Town Board of Appeals Chairman GoehrirLger said an Interpretation would still be needed and it is still a major question and issue to be considered by the Board. The meeting adjourned at approximately 9:40 p.m. Respectfully submitted, ski 5/7/98 Board Secretary Attachments (10 Decisions) Filed with Town Clerk on: AND FILED BY TPZE ~OU..~',D ~0 v~'H C~ER~ Town Clerk, To~ of Southold .APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman lames Dinizio, Jr. Lydia A. Tartars 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 APRIL 30, 1998 Appl. No. 4558 - JOSEPH BENDOWSKI PARCEL 1000-123'8-19 STREET & LOCALITY: 3'060 Park Avenue, Mattituck. DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS'OF FACT PROPERTY FACTS/DESCRIPTION: The subject property, identified above, is situated at the easterly end £rontage along the southerly side. This property with frontage along Great Peconic Bay. The by Peconic Surveyors~ shows a total lot ] square feet and the foH0wing buildings: (a) frame house at the northwest corner of the property, (b) accessory t~rame garage near the westerly property line (appro~dmate and (c) the subject two-story, single-fsmily frame main ( The setback of the main dwelling Without the proposed additions, is approxlmately 63 feet from the bOlkhead to the south, :20-3 feet from the westerly side property line, and 45.1 feet from ~he easterly side prOperty llne. BASTS OF APPEAL: Building Inspector's February 27, 1998 Notice of Disapproval which reads as £oHows: · ,...returned herewith and disapproved on the following grounds: under Article XXIII, Section 100-239.4B, proposed 49 feet +/- will be within 75 feet Of bulkhead .... " AR BY APPLICANT: The relief a 14 ft. by 29 ft. wide, unroofed 3, as shown on the COnstrUction diagram prepared 'by T. i December 12, 1997. The setback requested from the bulkhead is approxlmately 50 feet at its closest point. (Note: Building Permit .#2462? is pending for different construction at this dwelling and therefore is not the subject of the this application. ) Page 2 - Appl. No. ~58 (Bendowski) Parcel 1000-123-8-19 at Mattituck Board of Appeals April 30, 1998 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 the 14-foot wide deck addition will still provide for a 50-foot setback from the bulkhead, which is similar in distance to those of nearby properties. (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 setback of the existing dwelling is nonconforming at 63, and the addition of the proposed deck necessitates a variance. (3) The requested area variance is substantial and represents a 33 percent reduction in the cede-required 75-foot minimum setback. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck addition only extends 14 feet toward the bulkhead, and a 50-foot setback will be sufficient to preteet environmental concerns. (5) The situation has been self-created and is due to the applicant's desire to build a deck at this location. In cenaidering this applieation, the Board deems this action 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. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE FOLLOWING CONDITION: The deck shall remain open to :the sky and' unroofed. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, by unanimous vote (5-0). ~~~./~.--~GE_~-~ -- //GERARD P. ~/EHKINGE~/ AS400~txtlk/actions.all/123-8-19 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI.S 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 APRIL 30, 1998 Appl. No. 4562 - ROBERT KASSNER PARCEL 1000-87-2-32 STREET & LOCALITY: 145 TEEPEE TRAIL, SOUTHOLD DATE OF PUBLIC HEARING: APRIL 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property fronts along the easterly side of Tepee Trail, ::'-: - and is known as Lot 19 on the Map of Nonnakonm Waters, Southold. The subject premi.~es eonL~in.~ a toL~l area of approximately 19,900 sq. ft. A survey map was submitted by applicant dated May 22, 1986 showing an existing 1-1/2 story frame, single-family dwel]iug, under this application shows that the subject promises is improved with a single-family dwelling as shown on survey dated May 22, 1986 prepared by Peconlc Surveyors and Engineers, P.C. BASIS OF APPEAL: Building Inspector's March 17, 1998 Action of Disapproval which reads as follows: The proposed accessory shed...is reqnlrod to be located in the rear yard. Pursuant to Article IIIA, Section 100-30A.4 further roferred to Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 10 ft. by 16 ft. accessory storage shed at a mlnlm~]m of five feet from the easterly property llne and a minlmunl of 38 feet from the most southerly property line along Wigwam Way. Because of the frontage on Wigwam Way, the proposed location is in a front yard. This proposed Shed location is (and will remain) a naturally wooded area. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: Code Section 100-30A.4 roquires that an accessory storage shed be located in the r~ar yard. The yard immediately behind applicant's house is shallow: the house is about 26 feet from the rear property llne at its closest And about 31 feet at the farthest, and existing trees and shrubs leave only a snmll lawn. Applicant theroforo proposes to place the shed southeast of the house, near the rear property llne. This area would be part of the rear yard but for the fact that the southeast corner of the property has a 40 foot frontage on Wigwam Way, and under the Code this creates a second front yard in this section of the property. The frontage on Wigwam. Way is lined with shrubs and trees and is not used for access to apPHcafft's property. In operation, the front yard is on the westerly side of the property, facing Teepee Trail. Page 2 - April 30, ~ Appl. #4562:1000-87-2-32 (Kassner) Southold Town Board of Appeals Applicant seeks the benefit of a storage shed that v/ill not encroach on the narrow lawn area immediately behind his house and that will not block his northerly neighbor's waterview through applicant's property. Applicant can achieve this only by placement of the shed elsewhere than in the rear yard, and for this he requires a variance. Placement of the shed in the proposed location will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the shed itself will be consistent with neighborhood structures, it will be screened from view in the woodllne, and it will not block the northerly neighbor's waterview. The variance requested is not substantial because the proposed location would in fact be in the rear yard were it not for the unused frontage on Wigwam Way, which technically creates a second front yard. The proposed shed will meet the setback requirements for accessory structures 'and will have no effect on the Physical or environmental conditions in the neighborhood or di.~trict. On the' basis of testimony presented and personal inspection of the property, the Board concludes ~that grant of the variance applied for is the minimum necessary and adequate to achieve the benefit sought by the applicant whiles 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 Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for and subject to the following CONDITIONS: 1. That the shed be used incidental and accessory to the residence for storage uses. 2. That the utility of electric as requested will be permitted. VOTE OF THE BOARD: AYES:~IB-~RS GO/F~RI~R,/DINIZIO, TORTORA, COLLINS, AND ItOR~I~. ~~GERARD P. GOEHRINI~ER, CP~i~IRlVlAN ' .~'-" Approved 5/4/98 for Filing AS4OO/txtlk/aetionm. a11/87-2-3~2 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 ADOPTED AT REGULAR MEETING OF APRIL 30, 1998 Appl. No. 4556 - THOMAS KEAN PARCEL 1000-4-3-10, 1000-4-2-1, 1000-4-1-1. STREET & LOCALITY: Easterly End of East End Road (sometimes known as Oriental Avenue), Fishers Island DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property identified as 1000-4-3-10 is located along East End Road, Fishers Island, Town of Southold, along the shore of block Island Sound and West Harbor (a/k/a Fishers Island Sound). The premises contains a total combined area of 9.03 acres, and is referenced in the 1986 deed and survey of the owner-applicant as former "Lots 4A and 4B of Block 12." The February 7, 1986 survey prepared by Chandler Palmer and King shows that the subject premises is improved with single-family dwelling with attached pool addition, separate accessory building labeled "cottage" (the subject building), and an accessory storage shed. The architect for the appHoant states that the subject accessory building has been used as for sleeping quarters by guests of the family, with bedroom and bath areas, and th~at there is no intention in this expansion request to change this accessory use to a dwelling or cottage use. BASIS OF APPEAL: Building Inspector's November 10, 1997 Action of Disapproval which reads as follows: ·..application for a permit to construct addition to an existing non-conforming guest cottage is disapproved on the following grounds: An existing building with a nonconforming use shall not be enlarged, altered, extended, reconstructed, or restored.., pursuant to Article XXIV, Section 100-241A .... VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to expand the existing 484 sq. ft. one-story accessory building which contains bedroom and bath areas, to "gain an extra bedroom and bath and at the same tie update the design in keeping with the main hQuse, .E~il~t~s ~ and 10 .... " The size of Page 2 - App}. No. 4ff5~6 Re: 1000-4-3-10 (Kean) ZBA Meeting of April 30, 1998 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 there are over nine (9) acres of Land area and the building is consistet with the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because applicants wants a separate sleeping area for his guests. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this project does not. entail any change in land or land use. (4) The situation has been self-created. In considering this application, the Board deems thi.g action 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. RESOLUTIOI~/ACTION: On motion by Member Homing, seconded by Member Dinizio, it was RESOLVED, to APPROVE the variance as applied for AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Total floor area of living unit in this accessory building, including the newly extended area where the shed is presently located, shall not exceed the size requested herein. 2. The use and occupancy of thlg accessory building shall be seasonal and only used by non-paying family members or guests of the resident-family of the premises, and shall be seasonal, from April to November. 3. The accessory building shall not be rented or leased as a separate unit, and shall continue to remain accessory and incidental to the main building. 4. No further expansion of sleeping area shall be permitted. 5. No cooking or kitchen facilities in this building to be permitted. Page 3 - Appl. No. 45~0~6 Re: 1000-4-3-10 (Kean) Z]~A Meeting of April 30, 1998 6. This approval permits an expansion of a guest house and as a condition of this approva! we require that there be no subdivision of this nine-acre parcel. 7. The right to inspect this seasonal unit as to the above conditions shall be reserved to the ZBA Chairperson and one other ZBA member, prior to the issuance of a new Certificate of Occupancy by the Southold Town Building Inspector for this building. VOTE OF THE BOARD: AYES: ~RS GOE~, DINIZIO, / ...DERARD P. GOEHRI~GER/Ctt~IRM~ ~ A proved for Filing on 5/? 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 APRIL 30, 1998 Appl. No. 4539 - FRANK LICARI PARCEL: 1000-89-2-7 STREET & LOCALITY: 485 Orchard Lane, Southold Lot #30 on the Map of Cedar Beach Park. DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS !DESCRIPTION: The above-identified property has a frontage of 100.00 feet along the northerly side of Breezy's Path (private road) off Orchard Lane, Southold, NY. The subject land is vacant waterfront property of approximately 27,000 sq. ft. in total area. The subjeet property and surrounding lots are shown on the Map of Cedar Beach Park filed in the Office of the Suffolk County Clerk as Map No. 90. A survey prepared for Lawrence P. Brannigan and Margaret M. Swendsen dated November 28, 1967, updated September 17, 1975 by Otto W. Van Tuyl & Son, L.S. shows the subject lot, and adjoining Lot 29 separately. The 1967 tie llne for each lot along Dryad's Basin shows a distance of 115.17 feet and 108.90 feet, respectively. Another survey dated November 28, 1967 was al.~o prepared for Brannigan and Swendsen for Lot 29 as a single tract of land. A later survey dated October 13, 1983 shows similar details, except that a two-story frame house was added for Lot 29 (1000-89-2-6). BASIS OF APPLICATION: Building Inspector's September 22, 1997 Notice of Disapproval which reads as follows: "...Under ~icle II, Section 100-25A, SCT~ Lot ~1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in common ownership at some time after July 1, 1983...under Section 100-25E, no building permit can be issued by the Town until this section has been complied with .... " REQUEST BY APPLICANT: Issuance of Waiver under Article II, Sec- tion I00-26 for vacant land shown on the Suffolk County Tax Maps as 1000-89-2-7; also known as Lot #30 on the Map of Cedar Beach Park. Page 2 - April 30, 1998 ~t Appl. 4539 (Licari): 1000-89-2-7 Southold Town Board of Appeals REASONS FOR BOARD ACTION DESCRIBED BELOW: Lot 6 is improved with a single-family house; Lot 7 is unimproved. Brannigan and Swendsen (brother and sister) purchased Lots 6 and 7 from Acksin and held the Lots as joint tenants. They purchased Lot 6 in December 1967 and Lot 7 in May 1968. In July 1985, Brannigan and Swendsen sold Lot 7 to applicant Licari and his then-partner Bonati as tenants in common, and Lot 6 to Bonati alone. In an apportionment of the assets when the partnership di.~solved in December 1986, Lot 6 was transferred from Bonati to Lieari and Lot 7 was transferred from the two partners to Bonati. In May 1993, Bonati sold Lot ? to Lieari; simultaneously, Licari transferred Lot 6 from his sole ownership to joint ownership with his wife, thus ensuring that the two Lots continued to be held in different ownership. Under Cede Section 1200-25A, Lots 6 and 7 have merged because they were held in the same ownership by Bl~nnigan and Swendsen from July 1, 1983 until the sales to Licari and Bonati in July 1985. Throughout their subsequent involvement with the two Lots, applicant Licari and big partner Bonati kept the Lots in different ownership, and in use the vacant Lot 7 has not been treated as part of improved Lot 6. applicant's intent has been to sell Lot 7 when and if economic conditions warl~nted doing so. On the basis of testimony presented and personal inspection of the properties, the Board makes the following findings: 1) The requested waiver will result in recognition of two separate Lots whose size is consistent with that of lots in the neighborhood. Each of the two Lots will equal or somewhat exceed the size of many of the surrounding properties. 2) Grant of the requested waiver will not result in a significant increase in the density of the neighborhood because it will facilitate construction of no more than one single-family dwelling. 3) The requested waiver will not result in changes to the Jand's natural contours. 4) The requested waiver of merger will allow applicant to avoid the economic hardship that would likely result if he were unable to sell Lot 7 for separate development. 5) The requested waiver will recognize a lot based upon the original lot lines created by subdivision, prior to 1957, and filed with the Suffolk County Clerk's Office as Map No. 90, known as the Map of Cedar Beach Park. RESOLUTION/ACTION: On motion by Member Collins, seconded by Page 3 - April 30, 1998~ Appl. 4539 (Licari): 1000-89-2-7 Southold Town Board of Appeals Member Homing, it was RESOLVED, to GRANT the Waiver under 100-26 as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This RESOLUTION was ADOPTED alt ~E A~D P. ~OE~aIN~R,-C~ym~N /Approved 5/4/98 for Filing AS400/txtlk/actions. a11/89-2-7 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 APRIL 30, 1998 Appl. No. 4561 - MATTITUCK PRESBYSTERIAN CHURCH PARCEL ID: 1000-141-4-32.1 STREET ~ LOCALITY: 12605 Main Road and Sound Avenue, Mattituck. DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FAC~S/DESCRIPTION: The above-ideixtified property is a corner lot, situate on the southerly side of Soundl.Avenue and the westerly side of Main Road (a/k/a State Route 25), Mattituck. The subject premises consists of a total size of 163,916 square feet: (3.763 acres), as. shown on the December 10, 1997 survey prepared by Northstar Surveying, P.C. The premises is improved with a church building loCated at tile easterly portion of the premiseg~ set ~;baek 44 feet from the chain link £enee to the north (close to the ;northerly. property line along Sound Avenue). Also existing on the premises ax~e: a' 20: ft. by 24 ft. masonry structure and the Church Cemetery. (For information purposes, it is noted that there are other lauds adjoining ihLq site also owned by the appliCant identified as County Tax Map Parcels 26, 33 and 34, District 1000, Section 141, Block 4, which are not a part of this appliCation. ) BASIS OF APPEAL: Building Inspector's March 13, 1998 Action of Disapproval which reads as follows: " Under Article XXlV, Section 100-243, a nonconforming building with a nonconforming use cannot be enlarged, reconstructed Or structurally altered. Note - the nonconforming use 'pertains to the HB Zone where churches are not permitted; the nonconforming building pertains .'to the existing front yard set back to Rt; 25 Which is Iess {ban the required 15 Feet. Action required by the Zoning BOard of Appeals .... ~ VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant proposes the construct an addition ancl alteration to au existing church as shown on the survey revised March 13, 1998 (Surveyor Job. No. F997) consisting of a new area of 32 feet by 34.8 feet, which replaces the existing front porch and step areas and alters a portion of the existing building. Page 2 - April 30, Mattituck Presbysterian Church Appl: #4561:1000-141-4-32.1 Southold Town Board of Appeals REASONS FOR BOARD ACTION~ DESCRIBED BELOW: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the Church was built in 1715, centuries prior to zoning, and the modest expansion proposed is in keeping with the time-honored site of the Church. The proposed setbacks of the new addition conform to the code requirements. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance, because there is no other practical location on the site to build an extension onto the Church. 3. The requested variance is not substantial. It is well established under the case law that religious institutions enjoy enhanced protections and are to receive wider latitude in permissive land-use than commercial businesses such asprovided for in this Hamlet Business District. 4. The difficuRy has not been self-created and is due to the historic use and location of the Church at this site. 5. The proposed variance will not have an adverse effect or impact, on the physical or environmental conditions in the neighborhood or district because the Church'has existed in harmony with the community at this site for more than 200 years. In considering this application, the Board deems this action 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. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairmari Goehringer, it was RESOLVED, to GRANT the relief, as applied for. VOTE OF THE BOARD:. AYES: ME~j~ERS GOEHRINGER, DINIZIO, /. GERARD P. GOEHRINGER,/CHAIRMAN ~// Approved for Filing ****************************** AS400 / txtlk/I41 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 APRIL 30, 1998 Appl. No. 4544 - DONALD MCALLISTER PARCEL 1000-4-4-1 STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on a private road which extends off of East End Road, Fishers Island. The survey map submitted under this application shows that the subject premises congists of 4.04 acres. The premi.~es is improved with a private one-family dwelling and two private accessory buildings located in the front yard area (ref. Certificate of Occupancy No. Z4861 dated October 17, 1972). The subject of thi.~ application is one accessory bnildln~ which contains a bedroom area and a bathroom area only, with no kitchen or cooking facilities whatsoever. The use has been for occasional sleeping accommodations for family guests related to the main dwellinff, and not a separate use. No income has bccn derived from this nonconforming accessory use. BASIS OF APPEAL: BUilding Inspector's August 15, 1997 Action of Disapproval which reads as follows: "...In an R-120 District, "A non-confomin9 use shall not be enlarged, altered, extended, reconstructed or restored." Article )~U/V, Section 100-24/A. Action required b~ the Zoning Board of Appeals .... " The' request' made fiat roof with. a pitched roof on this accessory building, that will echo the architectural roof style of the wain house. The fleer plan and, occupancy of the accessory building will continue for family or guest use for occasional overnight stay and accessory storage purposes. The applicant confirm.~ there is no intent to convert this building to a cottage or dwelling, and that the references to "cottage" on the building permit application and nOtice of disapproval are in error. Page 2 - Appl. No. 4 Re: 1000-4-4-1 (McAllister) ZBA April 30, 1998 Meeting REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in ctiaracter of neighborhood or a detriment to nearby properties because the footprint of thin preexisting accessory building will not be altered when the roof is replaced, and the degree of nonconformity with regard to front and side yard setbacks will not change. There will be no increase in the extent of nonconforming accessory use in this building, ,nd such use will continue to be customary and incidental to the principal single-family dwelling. (2) The benefit sought by the applicant e~nnot be achieved by some method, feasible for applicant to pursue, other than an area varJ-nce because the applicant seeks to replace the roof on a preexisting accessory building. (3) The requested area variance is not substantial because only the roof will be replaced on a preexisting accessory building in this project. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the roof line will be only slightly altered to become more conforming to the architectural design of the principal building on this parcel as the roof is replaced on the preexisting accessory building. (5) The situation has not been self-created because the.preexisting accessory building subject to the proposal for roof replacement was constructed on its current site many years prior to the purchase of this property by the McAlligter family. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and proteets the character of -the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNI~s R~TI~N wj)s duly ADOPTED (5-0). -./-~- /.~ / ///~._ ~ ~~AR~P. GOEHAINGER, C~IR~ ~ App~ved 5/4/98 for ~ /~ AS4OO/txtlk/actions.all/4-4-1 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 APRIL 30, 1998 Appl. No. 4550 - RUTH MILLER PARCEL 1000-86-7-2.2 STREET & LOCALITY: 6400 Indian Neck Rood,' Peconic DATE OF PUBLIC HEARING: March 23, 1998 and April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property consists of a total land area of 2.507 acres situated on the southerly side of Indian Neck Road, Peeouie. The March 6, 1998 survey submitted under this application shows that the property is improved with an one-story, single-family frame dwelling which is the subject of this application for a new addition, ~nd three other accessory buildings in the front yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 26, 1998, which reads as follows: "...please take notice that your application dated January 9, 1998 for permit to construct an addition to an existing ~ single family dwelling ...is disapproved on the following grounds: the proposed addition being located in an R-80 Zone is required to have a side yard setback of 20 feet minimum ~nd a combined side yard setback of 45 feet. Pursuant to Article III, 100-32 .... AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by al~Plicant is to locate a proposed 20' x 26.2' dwelling addition with an easterly side yard at 18 feet and westerly side yard at 14.9 to the existing foundation, or at 8.5 to the top of the step area. The total side yards to the foundation walls at the sides would equal 32.9 feet, and to the top of the step area (larger than 5' x 6' cede exemption) would equal 26.5 feet. The code requirement is 45 ft. total both side yards. 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 the property is a heavily wooded waterfront lot and a row of evergreens screens the addition from view by adjoining properties to the east. Page 2 - Appl. No. ~50 (R. Miller) 1000-86-7-2.2 at Peconic Board of Appeals April 30, 1998 O (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 property is unusually long approximately 1250 feet, but its narrow 87-foot width prohibits expansion of the dwelling without a variance. (3) The requested area variance is not substantial in considering the modest 20 ft. by 26.2 ft. size of the addition and limited width of the lot area. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental condition.~ in the neighborhood or district because the addition is of minimal size, and it will be an improvement to the house and nearby properties. (5) The situation has not been self-created and is due to the unusually long and narrow configuration of the property. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and preteets the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: Member Collins, it was On motion by Member Tortora, seconded by RESOLVED, to GRANT the relief as applied. VOTE OF TORTORA, unanimous vote (5-0). ~M400/txtill~/&ctionm .a11186-7-2.2 THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, HORNING, AND COI.I.INS. Thi.g Resolution was adopted by ,/ Approved for l~qing 514]98 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 APRIL 30, 1998 Appl. No. 4068 - ELEANOR SIEVERNICH PARCEL 1000-113-8-5 STREET & LOCALITY: 3200 Cox Neck Road, Mattituck DATES OF PUBLIC HEARINGS: December 16, 1991; March 5, 1992; August 14, 1997; September 11, 1997; March 23, 1998; (written portion ended April 16, 1998). FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the easterly side of Cox Neck Road, Mattituck. The land in question contains approximately 163,997 sq. ft. (3.7648 acres) with 240 ft. frontage (lot width) along Cox's Neck Road (a/k/a Cox Lane) as Shown by the survey completed Nov. 15, 1988 and last-dated Feb. 4, 1992. Existing is a single-family dwelling located on the southerly half of the premises 138.2 feet from a tie line along approximate high water mark (March 1988). The updated April 1, 1998 survey, prepared by Howard W. Young, Land Surveyor, shows Lot ~t of 80,323 sq. ft. including 2,914 sq. 'ft. of wetland area, and leaving 77,409 sq. ft. of upland area. Lot #2 would contain 83,673 sq. ft. including 9,302 sq. ft. of wetland area, leaving 74,371 sq. ft. of upland area. The lot width of Lot I is proposed at 166.63 feet, and lot width of Lot 2 is 73.37 feet, both along Cox Neck Road. The amount of land claimed under a property line dispute with respect to the southerly property line is approximately 3269 sq. ft. The amount of land claimed under a property line dispute with respect to the northerly property line is approximately 2180 square feet. As of this date, a Supreme Court decision has not been rendered, and this determination will be adjusted to reflect a finai decision among the property owners without the need to reapply. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated October 2, 1991 which reads as follows: "...under Article XXIII, Section 100-239 proposed lots will have insufficient upland area and under Article III, Section 100-32 proposed Lot #2 will have insufficient lot width .... " Page 2 - April 30, 199~ Re: 1000-113-8-5 (Sievernich) Board of Appeals Appl. #4068 AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Area-variance approyal for reduction in lot '~sizes as follows in this pending subdivision project: Lot 1 with frontage of 166.63 feet along Cox Neck Road, 175 feet in width at the proposed building setback, and upland lot area to approximately 77,409 square feet, more or less; and Lot 2 with frontage of 73.37 feet along Cox Neck Road and upland area of 74,371 square feet, more or less. 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 this property, when divided, will produce two lots of a minimum of 75,320 and minimum of 71,102 sq. ft., excluding the wetland areas. Both lots would have far more area than most lots in the vicinity. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because this 3.7+- acre It is long and narrow, conforming to most of the lots in this area. (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a new house would be placed in a location at least 75 feet from the wetlands, and the existing house already exists in a location at least 75 feet from the wetlands. This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the variances, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This RESOLUTION was Page 3 - April 30, 199~ Re: 1000-113-8-5 (Sievernich) B~ard of Appeals Appl. #4068 ********************************** AS400 [ txtlk/actions, all/113-8-5 APPEALS BOARD MEMBERS G~rard P. ~oehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD .2_/ 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 APRIL 30, 1998 APPL. #4540 - MELISSA SPIRO AND OTHERS PARCEL: 1000-110-6-5 (adjoining Lot is identified as 1000-110-6-11.2) STREET & LOCALITY: 340 Glenwood Rd. and 295 East Road, Cutchogue. DATE OF PUBLIC HEARING: February 26, 1998 and April 16, 1998. FINDINGS OF FACT PROPERTY DESCRIPTION/FACTS: ~The applicant confirmed that the substandard Lot under consideration: a) consists of a size of 26,190+- sq. ft., lot width of 119 feet along Glenwood Road, Cutchogue. b) continues the same original perimeter of the established original lot lines at the time of creation, as evidenced by Deed dated May 6, 1969 and shown on map prepared by Otto lq. VanTuyl dated May 6, 1958. c) is impreved with a single-family dwelling and accessory building as shown on the May 6, 1958 survey (photocopy). REQUEST BY APPLICANT: Request for Grant of a Waiver as provided by Section 100-26 for Lot identified on~ the County Tax Maps as District 1000, Section 110, Block 6, Lot 5. The adjoining lot which was in common ownership after 1983 is identified on the County Tax Maps as District 1000, Section 110, Block 6, Lot 11.2. "Lot #4 and #5" are the current house Lot, 110-6-5. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January. 6, 1998 which reads as follows: "Both parcels being located in an R40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified underArticle II, 100-25C... Note: See attached determination by Town Attorney which states that lots are not excepted .... " ~age 2 - Appl. #4~(Spiro & Others) Decision Rendered April 30, 1998 Southold Town Board of Appeals REASONS FOR BOARD ACTION~ DESCRIBED BELOW: 1. The waiver will not result in a significant increase in the density of the neighborhood because the most that could result in this project is one single-family dwelling. 2. The waiver will recognize a lot that is consistent with nnd exceeds the size of lots in the neighborhood because it is as large or equal to lots in the area. 3. The waiver will recognize the exterior dimensions of previously created deeded lot lines. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. 5. The grant of the waiver will likely avoid economic hardship. RESOLUTION]ACTION: On motion by Member Dinlzio, seconded by Member ~Tortora, it was RESOLVED, to GRANT the Waiver under 100-26 as applied for. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, COLLINS and HORNING. NAY: CHAIRMAN GOEHRINGER stating a grant of waiver for dwelling entrance very close to a lot llne creates further nonconformities. Thi.~ RESOLUT~)N wa~uly~ADOPTED (4-1). MES DINIZIO~, JR'. HAIRMAN PRC~ TEM Approved 5]_~/98 for Filing AS400/txtlk/actions.all/ll0-6-5 APPEALS BOARD MEMBERS G~mrd 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 DATE: April 30, 1998 Appl. No. 4557 - Dorothy Thoet Parcel ID: 1000-145-2-3 Street and Locality: 380 Great Peconic Bay Boulevard, Laurel Date of Public Hearing: April 16, 1998 The Applicant, Dorothy Thoet, has requested an Interpretation of Section 100-242 of the Code of the Town of Southold, sub-section (A), to authorize the reconstruction of an existing accessory building in the same footprint with a nonconforming setback and conforming use. WHEREAS, after due notice, a public hearing was held by the Board of Appeals on April 16, 1998 to consider this application; and WHEREAS, at said public hearing, ali those that desired to be heard were heard and their testimony recorded, and WHEREAS, Board Members have considered all testimony and information submitted concerning this application, and WHEREAS, the following section of the Code is pertinent to the applicant's request: Section 100-242A of the Zoning Code reads as follows: ...A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any' new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings .... NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, BE IT RESOLVED, that the Board of Appeals finds that the context of Section 100-242A is clearly reconstruction of an existing building by a property owner in the same footprint, and BE IT FURTHER RESOLVED, that the Board hereby REVERSES the decision of the building inspector and agrees with the applicant, Page 2 - Appl. No. zl~7 Re: 1000-145-2-3 (Thoet) Southold Town Board of Appeals after reliance upon the following circumstances relative to this project: 1. The subject accessory building is proposed to be maintained as a reconstructed building in the identical footprint of the existing accessory "bath-house" building. This is voluntary reconstruction (as opposed to damage such as those which may be caused by Acts of God). 2. The subject footprint is shown on the June 22, 1984 survey pr~epared by Young & Young, L.S. at the most 'southwesterly corner of the premises with a nonconforming setback at approximately 10.5 fee~ from the southerly bulkhead and at approximately three feet from the westerly bulkhead and/or property line; 3. The dimensions of this building are provided on the June 22, 1984 survey to be of a size 7.5+- ft. x 19.5+- ft., and when reconstructed the footprint will be identical. 4. The accessory building as presently used is incidental to the main dwelling, and after reconstruction, the same accessory use will continue. 5. The accessory building was constructed in about 1939. 6. The building is unheated, seasonally used as an accessory building, and will contain electric and water when reconstructed. VOTE OF THE BOARD: TORTORA, HORNING, adopted (5-0). AYES: MEMBERS GOEHRINGER, DINIZIO, AND COLLINS. This Resolution was duly AS400/txtlk/actions.all/145-2-3