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Home My WebLink AboutZBA-01/22/1998 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTH OLD MINUTES ------- REGULAR MEETING THURSDAY, JANUARY 22, 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hàll, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 22, 1998 commencing at 7:00 o'clock p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora Collins, Member Linda Kowalski, S~cretary to ZBA Excused was Member George Horning (from Fishers Island). 7: 00 p. m. Gerard P. Goehringer, Chairman called the meeting to order. * * * PUBLIC HEARINGS (Agenda Item II): INTRODUCTION AND READING OF LEGAL NOTICES: The legal notices and reverse sides of applications were read for following applications at the start of each hearing. (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 for permanent recordkeeping on each application.) 7:05 - 7:1-5 p.m. Appl. # 4534 - LORI HUNTER. Based upon the Building Inspector's Notice of Disapproval dated December 10, 1997, applicants are requesting a Variance under Article VII, Section 100-72 for permission to construct an accessory building in an area other than the required rear yard at 11228 Sound view Avenue, Southold. 1000-54-6-2.6. Mr. Richard Saetta, Building appeared in behalf of this application. Mter testimony was received, Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending deliberations later. This Resolutiòn was duly adopted (4-0). Page 2 - Nfinutes Regular Meeting of January 22, 1998 Southold Town Board of Appeals 7:15 - 7:35 p.m. Appl. No. 4530 - AMAC, INC. Based upon the Building Inspector's Notice of Disapproval dated December 22, 1997, applicant is requesting a Variance under Article X, Section 100-101C(l) for permission to construct canopy over existing gasoline pump island, which canopy structure will exceed the 18 ft. height requirement for accessory structures and will be located in an area other than a rear yard. Location: 7400 Main Road, Laurel; 1000-122-7-1. Mr. Garrett Strang, Architect, and Mr. Ilgin appeared in behalf of their application. Board Member(s) asked questions regarding the Planning Board memos and. this project status with the N . Y . S. Department of Transportation. Mter receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing without a date. Vote of the Board: Ayes: Members Goehringer, Tortora, and Collins. No: Member Dinizio. This Resolution was duly adopted (3-1). 7:35 p.m. Appl. #4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. This application is fora proposed swimmingpool to be located in the required rear yard facing Oaklawn Avenue, and based upon the Building Inspector's Notice of Disapproval dated November 10, 1997, a variance under Article VII, Section 100-72 is required for the proposed lot coverage over the 20% limitations in this Residential-Office Zone District. Location of Property: 52550 Main Road, Southold; NY; County Parcel ID 1000-61-3-1, containing 15,920 sq. ft. Harvey Arnoff, Esq. and Mr. Stockten appeared in behalf of their application. Mrs. Cynthia Halsey spoke with concerns against the project. Mr. Fischett:iialso spoke with concerns against the project. (Please see verbatim transcript of hearing, p:repared separately. ) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the verbatim portion of the reco:rd and effectively .close the remaining written portions on February 26, 1998. This resolution was duly adopted (4-0). 7:50 p.m. Appl. #4531 - DUANE PASCALE. Continued hearing from 1/15 for continued discussions, regarding alternative plan from applicant before closing hearing. Open, unroofed deck variances at Minnehaha Boulevard, Southold. Mr. Duane Pascale appeared and spoke in behalf of his application. Mter receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). End of hearings. * * * Agenda Item I: SEQRA RESOLUTION: Type II Designation: Hunter and IGHLP; Unlisted Action: Amac, Inc. Motion was made by Chairman Goehringer, seconded by Member Tortora, to confirm SEQRA declarations as noted. This Resolution was duly adopted (4-0). Page 3 - Nlinutes Regular Meeting of January 22, 1998 Southold Town Board of Appeals * * * Agenda Item III-A. RESOLUTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to confirm authorization and advertisement of the Application of Bell-Atlantic, Mattituck project for public hearing to be held February 4, 1998; and the following applications for February 26, 1998: Tonyes / Citgo variances W. Moore special exception Casa Blanca application, provided the requested documentation is received in complete form in time for advertising; E. Sievernich variance M. Rand variance Hay Harbor Club special exception Hay Harbor Club variances. VOTE OF THE BOARD: Ayes: Members Goehringer, Tortora, and Collins. This Resolution was duly Adopted (4-0). Horning was absent-excused.) Dinizio, (Member '" * * III. RESOLUTIONS/OTHER: Agenda Item B. RESOLUTION: Motion was made by chairman Goehringer, seconded by Member Dinizio, and duly carried, to approve and authorize filing of the Nlinutes of the December 11 , 1997 Meeting. This Resolution was duly adopted (4-0). Agenda Item C. DELIBERATIONS/FINDINGS/DECISIONS. Copies of the official Determinations, filed with the Town Clerk as required by New York Town Law, are attached and incorporated herein: Lyons-Cohen. N. Hunter. E. Nagy. * * * D. PASCALE DECK PROJECT: Straw poll obtained. Members deliberated and a straw poll indicated a possible denial of the D. Pascale plan submitted and grant of alternative relief, to be further discussed at the next meeting. * * * ~d.ge 4 - Minutes Regular Meeting of January 22, 1998 Southold Town Board of Appeals 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 9:35 p.m. Respectfully submitted, ~~d4h~ LInda Kowaíiki ~ .3 / /1 /98 Attachments: ¡ ì :¡.'ß \ &, 6-¡/9' 'èš ¡------ , HOUR t i \ \ \ //:&ðAW ì I I \ " \ _,._."___~__---'- ____,_____J ; RECEßJFD AND FILED BY > THE SOUTHOID TOV1N CLERK !~ - ..... l () ~j;J:r1. C, 1:-::':Tl~.r ~. FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4534 - LORI HUNTER PARCEL 1000-54-6-2.6 STREET & LOCALITY: 11228 SOUNDVIEW A VENUE, SOUTHOLD DATE OF PUBUC HEARING: January 22, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-80 Residential Zone District, situated along a private right-of-way which ends off the south side of Soundview Avenue, Southold. This lot is shown as Lot #3 on "Robert Johnsen" Minor Subdivision Map, contains a total lot 1.042 of an acre, and is improved with a principal dwelling as shown on the Survey last dated October 31, 1997, prepared by Joseph A. Ingegno, Surveyor. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated December 10, 1997 which reads as follows: '·...Please take notice that your application dated October 14, 1997 for permit to construct an accessory structure ... is returned herewith and disapproved on the fOllowing grounds: in an R-80 District, an accessory bUilding or structure shall be located in the required rear Yard. Article III 100-33. Action required by the Zoning Board of Appeals...." AREA V ARIANGE RELIEF REQUESTED BY APPLICANT: Request is to locate a 24 ft. by 30 ft. accessory building at a 22 ft. total height from ground to the top or peak, with 8 ft. ceiling height as shown on construction diagram. First floor ceiling height is shown to be 8 ft. high, and the second floor is for storage purposes and is shown to be up to 7'6" ceiling height (pitched gable). The location of the garage building is shown to be 11 ft. at its closest point to the easterly property line, approximately 46 ft. from the westerly (front) property line, and located to the south of the existing frame "shed to be removed" and existing dwelling. Page 2 - January 22, 1998 Appl. #4523 (Hunter) 1000-54-6-2.6 Southold Town Board of Appeals 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 is no qualitative difference in the appearance and the lot is on a private road. (2) The benefit sought by the applicant cannot be achieved by some method 7 feasible for applicant to pursue 7 other than an area variance because the lot is -irregular; it is a long, narrow triangular lot and the lot is on a privateroåd. (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;. (5) The situation has not been self-created. In considering the above 7 the board determines that this action is the minimum necessary and adequate 7 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 Dinizi07 seconded by Chairman Goehringer 7 it was RESOLVED 7 to GRANT the relief as applied AND subject to the following CONDITIONS: 1. No heat and no plumbing shall be permitted. 2. Electric shall be permitted. 3. This accessory building will be limited to garage/storage use 7 and shall not be used as habitable area. No sleeping or living quarters shall be permitted. THE BOARD: AYES: MEMBERS GOEHRINGER DINIZI07 TORTORA, AND COLLINS. This resolution was dul opt (4;9J::> ~\4ember HarDing was absent-excUSed.) c---~./ //Ä~ ~ERAH.D P. COEHJUÞJGER,~WArRM4.N A ¡ ved cF ~iHT>"'" -1~i1 .v- PP~I ,-¡ i,.0~ ,. ~ A! ¡ ..- T."D- :.; ./ . -....-.........;J.:·l iJ..i...J~ "'-.J..... 1 J:.=...---::~~,; . ¡ AS400/Linda K/Actions.a11/54-6-2.6! 'I::~= S001==':"':'D IG -:-,7.Z-J CL~ ***************************** : ! / --. ;-'""'7 i /" /: -""-"",;,) 0 .:--"~--- /', -",---c./~_-,~, '" /' í-::s ~ / _ _. - - -.;... . ( ,.::.:> <:- .J Draftact/54-6-2.6 (~rl&qlbtt4 . -....... .'._- ~...~ ..............~ ... ;. ,,' L' " I. '- i- i:-. <::.' t= t: ~~ ,,;:.--' z: ;-.; \.; I"'.::'"! t-~~ ¡..........¡ hi ~ ~-...' , , --./ tv ~,-~ FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4533 - DEBORAH LYONS & ANDREW COHEN PARCEL 1000-24-2-4 STREET & LOCALITY: 355 SKIPPERS LANE, ORIENT DATE OF PUBLIC HEARING: JANUARY 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located m an R-40 Low~ Density Residential Zone Disb;ict, bemg situate on the southerly side of Skippers Lane (a/k/a State Street), Orient. Confirmed by a survey map prepared December 7, 1996 by Stanley Isaksen, Jr., Land Surveyorc, lot contains a total area of 8,285.09 sq. ft. and is improved with a two-story wood frame residence with attached garage and stoop areas, and accessory frame garage. Constructionm the dwelling is taking place under Permit No. 24421Z dated October 21, 1997. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated December 15, 1997 which reads as follows: n. . .1) the proposed deck construction being located on a non-con forming lot in an R40 District is required to be 35 ft. from the rear property line given the lot is approximately 8276 sq. ft. pursuant to Article XXIV 100-244B; (2) the proposed deck construction being loca- ted on a non-conforming lot in an R40 Zone with a lot area of approximately 8276 sq. ft. exceeds allowable lot coverage by approximately 168 sq. ft. pursuant to Artic1e IIIA lOO-30A.3. Action required by the Zoning Board of Appeals. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate 8 ft. by 21 ft. two-story wooden lower porch with upper deck addition at rear of existing dwelling, leaving a setback at 28 ft. 6 in. at its closest pomt to the rear property line. (A lot coverage increase of 168 sq. ft. is requested.) Page 2 - Appl. No. 4533 Re: Cohen & Lyons 1000-24-2-4 Decision Rendered January 22, 1998 .; REASONS FOR BOARD ACTION. DESCRIBED BELOW: The proposed addition comprises an unenclosed but COVered .POrch at first floor level and· an open deck at the second floor level. The requested variance would allow the two-story addition to be built at a setback of 28'6" from the rear line on a lot for which the required setback is 35 feet, and would increase the lot COverage froln the a1lowed 20% to 22'1. Taken alone, these deviations froln the area requirements might be acceptable. However, grant of the requested variance would produce an undesirable change in. the character of the neighborhood and a detrúnent to nearby properties because the Proposed two-story addition WOuld considerably increase the already substantial bulk and mass of the hOUse as viewed Iron. neighboring properties and from the public park behind the house. The difficulty is self-created, arising froln the applicant's proposal to add a porch and deck. Because of the SDJall size of the lot and the existing lot coverage, the benefit of an outdoor deck cannot be achieved by a method, feasible for the applicant, other than some SOrt of area variance. As an alternative to the relief requested by the applicant, the Board bas considered granting an area variance to construct au open deck at first floor level, in accordance with the plans subDlitted by applicant but omitting the proposed second story. In light of the density of existing structures in the neighborhood, and of the fact that several neighboring houses have rear setbacks of less than 35 feet, the Board finds that granting a variance to construct such a first floor level deck will not Produce an undesirable change in the character of the neighborbOOd or a detriment to nearby properties. The Board further finds that SUch a variance is not substantial and will not adversely affect physical or environmental conditions in the neighborhood. AS400/LindaKI Actions24-2- .... The Board finds that alternative relief in the fo,.,., of an area variance allowing construction of a first floor level open deck is the minimum necessary and adequate to benefit the aplicant while at/~----' _ '. _-;- ~ SWDe tiJne preserving and protecting the character of the . /: t::' De1ghborhood. , :;" On motion by Member Collins, seconded by Member Dinizio, it was / I ~ RESOLVED, TO DENY the application subDlitted by applicant and II ~ TO GRANT AS ALTE1I.NATlVE RELIEF, an area variance permitting, '{\ construction of a lower level addition as propOSed. by the apPlicant¡. .:~ I ~ cOIDprising of an unenclosed first-floor deck open to the sky. .: 1& I >-,; VOTE OF THE BOARD: AYES: MEMBERS GOEHR INGER, DINI. ZIO, /. it.;:!..:)!! ~ TORTORA AND COLLINS. THIS UT/~~. DULYi¡. I,. I ADOPTED. (Absent and eXcused: f r ~; Fi . 1sJ6"<1.J i i _ ~ r ,..¿. .......'v .f,,/ / ..-t~ ~. f ~ GERARD P. GOEHRINGER,£:HAIRMANf ." J G,j APPROVED FOR FILING 1/-75198 f I 0'; e· .. >r-_ , ;~ r::-" ¡.", APPEALS BOARD MEMBERS James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Gerard P. Goehringer, Chairman Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4501 - E. NAGY PARCEL 1000-27-4-2 & 3 (combined) STREET & LOCALITY: Harbor Road, Orient DATE OF PUBLIC HEARINGS: August 28, 1997; September 25, 1997; January 15, 1998. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Tills property is located in an R-40 Low- Density Residential Zone District, being situate on the southerly side of Harbor Road, Orient. The subject lot (2 & 3 combined for this waiver') and the adjoining improVed lot (#1) are merged, and together contain. a total area of 51,159 sq. ft. and 232.57 ft. frontage along Harbor Road. Lot #1, separately, WOuld consist of 22,714 sq. ft. as confirmed by deed dated 1/22/1970 at Liber 6696 p. 419, and Lot #2 with 3 as combined into one would consist of 28,445 sq< ft. Lot #2 is shown on deed dated 1/10/71 at Iiber 7024 p. 46, and Lot #3 is shown on deed dated 10/1/71 at Iiber 7024 p. 42.1. The subject property is shown on the Flood Elevation l\IIaps of Southold Town to be A 7 (Confirmed by surveyor with required elevation variables at 10 ft. and 9 ft.) A large portion of the land (sketched envelope area for the location of building) is shown to be at an elevation four (4) feet above mean sea level at (natural grade). Along the east/southeast side of the property is a paper right-of-way. To the south are rock jetties and Orient Harbor. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 7, 1997 willch reads as follows.: ".. .1) the non-conforming lots in question, Tax Map #1000-27-4-1, 27-04-02, 27-04-03 were created by deed in 1965. Both lots 27-04-03 and 27-04-02 are not recognized as they do not conform to the minimum lot requirements set forth in Btùk Schedule AA as of the date of Lot Creation, Article II, 100-24A(1) . 2) NonconfOrming lots 27-04-01, 27-04-02 and 27-04-03 have merged being held in common ownership after July 1, 1983, Page 2 - January 22, 1998 Re: 1000-27-4-2 & 3 (Nagy) Southold Town Board of Appeals merged being held in common ownership after July 1 ~ 1983 ~ Article II, 100-25-A. Action required by the Zoning Board of Appeals. . . . " REQUEST FILED BY APPLICANT2: Approval of waiver to recognize lots 1000-27-4-2 and 3, as a combined separate lot more particularly shown on the April 15, 1997 survey, revised October 31" 1997 map submitted for consideration and made a part of this file. Combined lot #2 and #3 are unimproved vacant land and contain a total area of 28,445 sq. ft. and a lot width on Harbor Road of 132.57 sq. ft. Approval of Waiver to recognize lot 1000-27-4-1 as descrIOed in deed dated 1/22/1970 at Liber 6696 p. 419. Lot 1 is improved with a single-family residence and consists of 22,715 sq. ft. and lot width of 100 ft. on Harbor Road. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1 . The waiver will. not result in a significant increase in the density of the neighborhood because the applicant seeks to reduce the degree of nonconformity of two substandard lots (2 & 3) by combining the two lots into one larger lot. No sígn:ificant increase will occur from one single-family dwelling unit if the combined lot is improved. 2. The waiver would recognize a lot that is consistent with and exceeds the size of the adjoining lots to the east on Harbor road, and to many of the improved lots north of Harbor Road. 3. The waiver would recognize the exterior dimensions of previously created lot lines. 4. The land may require a change in alteration in the contours or slopes, andj or filling. However, the relevance of such factors has not been sufficiently established for consideration in th;is waiver of merger request. 3 RESOLUTION/ACTION: On motion by Member Tortora~ seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested Waiver, for the reasons noted above. VOTE OF THE BOARD: A YES: MEMBERS TORTORA, DINIZIO, Page 3 - January 22, 1998 ~e: 1000-27-4-2 & 3 (Nagy) . ~outhold Town Board of Appeals -' COLLINS and GOEHRINGER. This resolution was duly adopted ( 4-0) . (Member Horning of F. 1. was absent-excused.) ******************************** AS400/ /Actions.aU/27-4-2&3 GERARD P. GOEHRINGER CHAIRMAN Approved for Filing 1/26/98