HomeMy WebLinkAboutZBA-11/13/1997(1-516) 765-1809 tel.
OFFICE OF
BOARD OF APPEALS
53095 ]~.i~ Ro~d.
Southold, NY 11971
(1-516) 765-1823fax
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 13, 1997
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was
held at the Southold Town Hall, 53095 Main Road, Southold, New York
11971, on THURSDAY, NOVEMBER 13, 1997 commencing at 6:45 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Linda Kowalski, Secretary to ZBA
(Two member positions were vacant at this meeting due to a
retirement of Mr. Doyen on 11/1 and vacancy left by Mrs. Osterm~nn.)
6:45 p.m. Chairman Gerard P. Goehringer called the meeting to order.
Appreximately 25 persons were in attendance at the start of the meeting.
I. PUBLIC HEARINGS: The legal notice and reverse side of application
were introduced into the record for each of the following applications.
(Unless otherwise noted below, each hearing was held and at the end of the
hearing, motion was made by Chairman Goehringer, and duly carried, to
conclude (close) the hearing, pending deliberations later.)
6:50 - 7:03 p.m. Appl. No. 4521 - MARGARETTE J. OWEN by Stephen L.
Ham, Esq. This is an application based upon the Building Inspector's
Notice of Disapproval issued July 23, 1997, requesting a Variance under
Article III, Section 100-33B(4) for permission to locate accessory inground
pool with deck construction at a setback greater than 20 feet and located in
a front yard area. Location of Property: Isabella Road, Fishers Island,
NY; Parcel #1000-?-6-8. Attorney Stephen L. Ham III spoke in behalf of
this application. After testimony was received, Motion was made by
Chairman Goehringer, seconded by Member Tortora, and duly carried, to
close the hearing, pending deliberations and decision later. (Please see
verbatim transcript of statements addressed during the hearing.)
7:03 - p.m. Appl. No. 4523.GG - DR. & MRS. PATRICK COLAGIURI by
Diane Herold, Architect. This is an application for a Variance to rebuild
Pa~e 2 - Minutes ~J
Regular Meeting of November 13, 1997
Southold Town Board of Appeals
cellar, including garage below house, and other reconstruction which may
be necessary for this nonconforming guest cottage (second dwelling unit on
.42+- acre lot). Building Inspector's report indicates application is
pending for Pre-Certificate of Occupancy, which has not been issued due to
existing condition of guest cottage and request for information regarding
eligibility. 2950 Park Avenue, Mattituck. D. Herold, Architect appeared
in behalf of the application and furnish and Affidavit as to preexisting use
and the post office return-receipt cards for the certified mailings. After
testimony was received, Motion was made by Chairman Goehringer, seconded
by Member Dints. to, and duly carried, to close the hearing, pending
deliberations and decision later. This RESOLUTION was duly ADOPTED
(3-0). (Please see verbatim transcript of statements addressed during the
hearing. )
7:10 p.m. RESOLUTION TO POSTPONE HEARING Re: TONYES REALTY
CORP. This was to be a continued bearing (carried over from October 23,
1997). Project description: Proposed addition to nonconforming building
containing a nonconforming use (gasoline and service station with repair
uses) in this HB Zone District. Corner of Youngs Avenue and Main Road,
Southold. A written request was received from Patricia C. Moore, Attorney
for the applicant for a postponement in her recent retainer as legal
counsel. The board secretary confirmed that the hearing date was
requested to be January 22nd since she was not available 12/11 or 1/15 to
finalize the submi.gsions. Motion was made by Chairman Goehringer,
seconded by Member Dinizio, and duly carried, to ADJOURN the hearing
until January 22, 1998 as requested. This RESOLUTION was duly ADOPTED.
7:20 p.m. RESOLUTION TO POSTPONE HEARING Re: PATRICIA RUSHIN
and PAMELA MOTTLEY by Brennan Design Works. JOINT HEARING
continued from October 23, 1997 in applications Requesting Variances and a
Special Exception to establish a third dwelling unit in proposed conversion
of main dwelling (from singie-family to two-family use) at Indian Neck Lane,
Peconic. Zone: R-80. A written request was received from Pat Brennan
of Brennan Design Works requesting an adjournment. Motion was made by
Chairman Goehringer, seconded by Member Tortora, and duly carried, to
ADJOURN the hearing to January 22, 1998. This RESOLUTION was duly
ADOPTED.
End of public hearings. The remainder of the public meeting continued as
noted below.
II. SEQRA RESOLUTION - Agenda Item IIA: Under N.Y. S,
Environmental Quality Review Act application files involving Type II actions
(applications regarding residential uses, accessory buildings, additions,
setbacks, waivers under 100-26, lot line changes and substandard lot sizes
as deeded). Motion was made by Chairman Goehringer, seconded by
Member Dinizio, and duly carried, confirming Type II Actions for
Margarette J. Owen and Dr. and Mrs. Colagiuri variance due to new
construction within existing nonconforming setback. This RESOLUTION was
duly ADOPTED (3-0).
Page 3 - Minutes -~
Regular Meeting of November 13, 1997
Southold Town Board of Appeals
III. RESOLUTIONS/MISCELLANEOUS:
A. RESOLUTION to Approve the Minutes. Motion was made by
Chairman Goehringer, seconded by Member Tortora, and duly carried, to
approve the Minutes of the October 23, 1997 Meeting.
This RESOLUTION was duly ADOPTED (3-0).
B. DELIBERATIONS/RESOLUTIONS/DECISIONS: The Board
deliberated and adopted the findings and determination as shown on the
attached~ decisions, the originals of which are on file with the Town
Clerk's Office.
1. Appl. No. 4520 - S. Pawlowski Tennis Court.
2. Appl. No. 4519 - Carolyn Fisher deck addition.
3. Appl. No. 4512 - Church of God, sign as exists
separate decision for internal illumination of sign at next meeting).
4. Appl. No. 4523 - Dr. & Mrs. P. Colagiuri.
(see
With reference to the pending application of M. Owen, a straw poll
(quorum) was received for possible approval with conditions for placement
of hay bales, and all runoff and pool water to be retained on-site in proper
drainage receptacles. The assigned member agreed to submit reasons for
approval with possible consideration, all to be considered for adoption
December 11, 1997.
C. REVIEW
applications/hearings:
for update of the following pending
1)
Bell-Atlantic/NYNEX at Mattituck. Possible discussion
as to anticipated final public hearing date, or other
action based on pending Moratorium. Pending status
as of 11/12/97 by Town Beard and status of Moratorium still
in effect. No change in status, except that Member Tortora
and Chairman Goehringer offered to evaluate the file and
the new law asking the assistance of the Board secretary
Member Dinlzio was asked if he bad any Objection, and no
objection was offered but that he would like to review
before sending to applicant. It was noted that the update
or evaluation when drafted would be forwarded to Member
Dinizio immediately in the event he is not able to assist at
the same time. Member Dinizio would be provided with any
update or evaluation when completed in the event he is not
able to assist the others.
2) E. Nagy, Orient - upon receipt of contour information
~Attached at end of minutes and incorporated within.
Pa~e 4 - Minutes ~J
Regular Meeting of November 13, 1997
Southold Tow~ Board of Appeals
from applicant's attorney, final hearing to be calendared.
No change in status.
3)
E. Sievernich, Mattituck - upon receipt of contour
information from applicant's attorney, final hearing
to be calendared. No change in status.
4) Bell-Atlantic]NYNEX at Orient. Await SEQRA DEIS or
other steps as per lead agency (PB). Pending status
by Town Board as of 11/12 and status of Moratorium still in
effect. No change in status. ( ~Same note as 3, supra.)
Mr. Bonffard of Briden Machine Corp., Mattituck was in the
audience and had general questions and asked for the date of the next
hearing of the Bell-NYNEX project in Mattituck.
III. (continued):
D. RESOLUTION: Motion was made by Member Tortora,
by Chairman Goehringer, and duly carried, to
Add
Add
Add
seconded
the following to the December 11, 1997 Hearing Calendar:
#4528 - J. Mazzella - (complete file for processing).
Hay Harbor Club Special Exception, Interpretation and Variance
requests.
(When complete, could add Petikas Variance & Sp. Exc. also. )
__ the following to the January 8, 1998 hearing calendar:
#4527- P. Sacker. Area variance.
the following to the January 22, 1998 hearing calendar:
P. Rushin and Motley, carryover from 11/13.
Tonyes Realty (Citgo), carryover from 11/13.
This RESOLUTION was duly ADOPTED.
AGENDA ITEM IV. REMINDERS:
A. Committee Sessions: P]annlng, Zoning, and other (ongoing).
B. ZBA New Applications Pending member inspections and file
reviews / up dates.
ADJOURNMENT. There being no other business properly coming before the
'APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
lames Dinizio, Jr.
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southelc~ New York 11971
F~x (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DkTLIBERATIONS AND DETERMINATION
REGLrLAR MEETING OF NOVEMBER 13, 1997
Appl. No. !520 - STANLEY pA~LOWSKI PARCEL 1000-102-7-~
STREET & LOCALITY: 1785 Crown Laud l~ne, Cutchogue
DATE OF PUBLIC HEARING: October 23, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-40 Low-Density Residential Zone
District, being a corner lot situate along Crown Land Lane ,nd Spur
Road, Cutchogue, NY. This lot cont-ln-~ a total are~, of 41,580 sq.
ft. and is improved with a singte-f~mily, two'tory, frame dwelling
with attached ~, and accessory tenni-~ court "as b,,~t" Without
fence all as more partic~ll-vty shows on a.map dated March 17,
1988 and updated by applic-nt to show the tenni.~ court.
BASIS OF APPEAL: Building Inspector's-Actions of Disapproval:
a) dated August 18, 1997 which reads as follows: "...~mder
Artic~.e IliA, Section 100-30A-3 of the Bulk and Parking Schedule in
the ~-40 Zone, {the tennis COllrt 58' by i15' or 6,670 sq. ft. of lot
.... ~ ~-mb/ned with the exis*ing 1,982 square feet for'a ~ Of
8,652 sq. ft. will exceed the allowable coverage of 8,3~6 sq=. ~t. or
20% (lot size 257' x 162' = 41,634+- x 20% = 8,326) by 326 sq. ft.
retal~ng to less than 21% lot coverage.
ft. ii1 the req~i~ed rear yard. Action required by. Zoning Board of
Appeals... ," and
b) dated June 26, 1997 which states "...under Article .tTfA, Section
100-30A.4 of the R~10 Zone, accessory struc~s on'Io~s cenm!r~ug.
40,000 sq. ft. and less tha~ 79:999 sq. ft- shall have said
accessories set back no tess than 10 feet from any lot line.
E:dstiug lot contains 41,47-+ sq. ft. Survey drawn on back of
application shows setbacks of 4 ft. ,nd 5 ft. Action required by
Zoning Board. of Appeals .... "
AREA VARIANCE RMLIEF REQUESTED BY APPLICANT: To locate
portion of tennis court partly in side yard wl[tl redueed setba~-ks
at 4 ft. and 5 ft. from the side and rear property tlnes and at
approximately one percent over the ma~mum 20% ~llowable lot
coverage for total of 511 buildings and structures.
Page 2 - Novembel~3, 1997
Appl. #4520:1000-102-7-4 (Pawlowski)
Southold Town Beard of Appeals
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The g~ant~ng e£ the area vari,nce will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because appliesnt's property size consists of .95~
of an acre and applicant mainmin-~ a tenn~.~ court which would be
permitted if entirely located in the rear yard area. However,
applicant ha.~ a corner lot which causes two front yard areas and a
restricted area for al rear yard..
(2) The benefit sought by the applicant ~nnot be achieved by some
method, feasible-for appli~nt to pursue, other th~n an area variance'
because applicant has a restricted rear yard area caused by a corner
lot and two front yard designations.
(3) The requested area variance is not substan~! because applicant
exceeds lot coverage by appro~r~tely 326 square feet or less than
17 percent of total lot coverage if permitted to maintain said tenni.~
court.
(4) The proposed variance'will not have an adverse effect or impact
on the Physical or environmental conditions in the neighborho6d or
di.~trict because fence h~ight is practir~l and fencing, if piacecl,
will be at a height allowed by the Zoning Code to keep ba{1.~ within
the court area. Applicant's property and e~-~ting tenni-~ court are
contiguous to a 22~5+~ acre parcel.
(5) The situation has' not' been self-created.
(6) 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 Cl~i~ Goehringer,
seconded by Member..Tortora, it was
RESOLVED, to GRANT the relief as applied and SUBJECT TO THE
FOLLOWING CONDITION:
No ligh*i,~g for after-d,vk use as ~r ~de (See. 100-33).
VOTE OF THE BOARD: A~S: ~~O~GE~. DINIZIO ~d
TORT ORA (3-0). - ~'//~/ _,,
/GE~BD P. GOEHRmGER, cHAI~AN
****~**************~*********
Actions. all/102-7-4
BOARD OF APPEALS
TOWN OF SOUTHOI.D
Southold Town Hall
53095 'Main Road
P.O. Box 1179
Southotd, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR NFEETING OF NOVEMBER 13, 1997
Appl. No. 4519 - CAROLYN FISHER PARCEL 1000-51-1~7
STREET & LOCALITY: 17975 Soundview Avenue, Southotd
DATE OF PUBLIC HEARING: October 9, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-40 Residential Zone District, being
situate on the northerly side of Soundview Avenue; Southold. This
lot contains a total area of 1.452 acres, with 115 ft. road frontage;
and is more particularly shown on a survey dated May 13,. 1997,
amended June 24, t997. The subject premises is improved with the
following: one-story brick dweilfng, accessory brick garage,
accessory metal shed, and wooden platform, access to staf~.s a~ top of
bank.
BASIS OF APPEAL: Building ln.~pector's Action of Disapproval dated
September 24, 1997 which reads as follows: "...under Article X-XIII,
Section 100-239.-4A(1), propesed construction will be within 100 feet
from the top of bank or bluff 'of Long Islmnd Sound .... "
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
proposed deck addition, at the'northerly (rear) wall of existing
dwellingo %i~_e new deck addition is-proposed at 75 feet (or 80 ft.)
at its closest point to the top of the bank of the L. I. Sound
(indicated on the survey in pencil by- applicant).
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in chamcmr of neighborhood or a detriment to
nearby properties because the deck cannot be seen fr, om other
properties in the area.
(2) The benefit sought by the appiicant cmnnot be achieved by some
method, feasible for appiican[ to pursue, other than an area variance
due to the topogTaphy of the lot in question. This lot contains a
large retaining wail to the east of the proposed deck.
(3) The. requested area variance is nor substantial representing a
Page 2 - Novemberi'%f~, 1997
Appl. # -4519:1000-o~Yfl'-t-7 (Fisher)
Southold Town Board of Appeals
reduction of approximately 20 Perent of the reqtdred 100 ft. setback
from the top of the bank.
(4) The proposed variance will not have an adverse effect or impact
on the physical or envirornnental conditions in the neighborhood or
district because the deck will not exceed the setback already
established by the stairway- and concrete wall.
(5) The situation has not been self,created and is uniquely related
to the charactertistics o£. the layout of the laud.
(6) This action is the rain~raum that the Board deems necessary and
adequate and at the same time preserves and protects the ~haracter
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Member D~n~zio, seconded by
Chairman Goehringer, it was
RESOLVED, .to GRANT the relief as applied.
VOTE O'F THE
and TORTORA.
BOARD: AYES: ME~iBERS DINIZIO, GOEHRIN~GER,
This resoluti~'~-~y adoS: /7
~ GERARD P. GOEHRIN~R ~
~ CHAIR~N /
Resolution Adopted 11/13/97 .~ ~
Actiu~is .atl/51-1-7
BOARD MElvlBER$~
/_ ./Coe 7 ger, Chum=
James Di~i~io, Jr.
Ly~a A. To~
BOARD OF APPEALS
TO~ OF SOLrrHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southotd, New York t 1971
Fax (516) 765-I823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF NOVEMBER 13, .1997
Appl. No. 4512 - CHURCH OF GOD IN CIxIRIST (Jefferson Temple)
PARCEL 1000-101-I-10
STREET & LOCALITY: 15625 C.R. 48, Cutehogue
DATE OF PUBLIC HEARING: October 23, 1997
FINDINGS (PROPERTY FACTS):
DESCRIPTION: Thiq property is located in an A-C Agricultural-
Conservation Zone District, being situate on the north side of
County Road 48, Cutchogue, with 115.10 ft. road frontage~ ThLq
lot contains a total area of apprOxSmately 44,657 sq. ft. as depicted
on the copy of survey rrmp dated May 21~ 1982 under this application
and which map shows an ex:Lsring concrete block buitdin~ and
separ~ate one-story frame church building.
tlASIS OF APPEAL-: Building In.qpector's Action of Disapproval dated
September 2, 1997 for the reason that the new gwound sign as built
under Sign Permit t977 has bee~t located less than 15 feet from the
pavement and internally illuminated.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT,: To approve
its present location at approxSmatety 8 feet from the pavement arid
11.5+- from the edge of the road, exclusive of gutter. This sign
replaced a former sign as noted in ZBA decision #4482 rendered
June 19~ !997.
REASONS FOR BOARD ACTION. DESCRIBED BELOW:
(1) The g-ranting of the setback var~nuce will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because the nonconformity of the new sign is
similar to the nonconformity of the existing sign, which was removed.
(2) The benefit sought by the applicant c~nnot be achieved by some
method, feasible for applicant to pursue, other than an area var/mace
because a smaller s/gn would not provide the visibility needed for
t ~aveting parishioners.
(3) The requested area variance is not substantial in relation to
the existing nonconformity.
Page 2 - November , 1997
Appl. #4512:1000-101-1-10 (Church of God)
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because Shis sign replaces a ,former sig~ in s~miIar size and
loca Lion;
(5) The situation has not been self-created because a sign has
existed in thlm location for many years and this sign is a
replacement as a normal course of m~/ntenauce.
(6) This action is the minimul]l that the Board deems necessary and
adequate snd at the snme t~me preserves and protects the character
of the neighborhood, and the health, safety~, welfare of the
community.
RESOLUTION/ACTION: On motion by Member D~ni~o, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the setback location of the "as built"
sign, as applied.
(Also see Decision Rendered regarding second portion of Notice of
Disapproval regarding lighting, to be voted upon by the Board of
Appeals at its December 11, 1997 Regular Meeting.)
VOTE OF TIIE BOARD: AYES: 1Mkq~IBERS GOEHRINGER, TORTORA
and DINIZtO. Thi~
resom ion
' GERA~D
./ RESOLUTION ADOPTED /
Actions. new! t01-1-10
APPEALS 13OARD MEMBERv:=
Gerard R Go,bringer. Chairman
James Dinizio, Jr.
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
EO. Box 1179
Southotd~ New York 11971
Fax (516) 765-1823
Telephone (516) 765- t 809
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF NOVEMBER 13, 1997
Appt. No. 4524 - DR. AND MRS. PATRICK COLAGIURI
PARCEL 1000-123-8-18
STREET & LOCALITY: 2950 Park Avenue, Mattituck, NY
DATE OF PUBLIC HEARING: November 13, 1997
FINDINGS OF FACT
RELIEF REQUESTED:
The applicant has applied for a variance based upon the
August 11, 1997 Notice of Disapproval issued by the bttilding
inspector for permission ro rebuild cellar, including g'arage
below house, in the footprint wkich presently exists and is confirmed
by- a recent survey dated January 3, 1997.
ACTION OF THE BUILDING INSPECTOR: By Notice of Disapproval
dated Aug~st 11, t997, the Building Inspector dj§approved
apl2licant's building permit application dated July 3, 1997,
to "rebuild cellar h~ctuding ~o~arage below house" on the following
g-roullds:
"... Under Article XXIV, Section 100-24 3A, 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 .... "
ZONING NONCONFORMITIES and PROPERTY FACTS:
The subject premises is a substandard lot containing 33,713.6 square
feet and tot width of 114.65 feet.
In researching town records, a Certificate of Preexisting Use
(Pre-C.O.) was not found for the two nonconforming single-family
dwelling s~ructures. The subjec~ dwelling (building closest to Park
Avenue) has nonconforming setbacks. The nonconforming use of
this proper~y relates ~o the use of tile properly as ~wo dwellings on
a single-parcel (Article III, Section 100-3lA) rather than only one
dwellhtg per tot. The nonconforming building relates ~o ex~.~ting
nonconfomning setbacks as a substandard lot of 33.713.~I square feet
and Io[ width of 114.65 feet.
' ~'age 2 - Novembe'~.~3, 1997
Appi. #4524 - 1000-~23-8-18 (Colagiuri)
Southold Town Board of Appeals
Upon information received from the Town Assessor's Office, the
property was assessed in 1959 for two existing dwelHn g-s:
single-family main dwelling and accessory single-family seasonaJ
dwelling. Applicant has submitted information to atto confirm this
information (see hearing transcript and affidavit signed by Patricia
K. Colagiuri November 12, 1997). A recent survey dated January 3,
1997 shows the property is presently improved with the following
buildings: (1) the subject single-family dwelHn~ in a 1-1/2 story
wood frame structure located closest to Park Avel~ue/Bungalow Lane
(private road), (2) a two-story single-family frame house situate
70.8 feet from mean high water mark along Great Peconic Bay, and
(3) an accessory frame garage building between .the two dweHing~s
and 8.3 feet from the easterly property line.
AD DITIONAL INFORMATION:
In lhi.~ variance project, the specific area of new construction
confirmed by applicant's architect is shown on the plan prepared by
Architect Diane Herotd dated January 1997 for:
a) replacement of exisling wood ceHa~, access wi-th steel Bilco
door and access steps.
b) existing 34'4". by 36'4' concrete block foundation and
concrete slab to be removed and a new poured concrete foundation
and concrete slab 34'4' by 36'4' to be in-tailed. Existing plumbing
and electrical reconnections will be as necessary per codes.
' Applicants, by their agent, confirm the footprint of the
£oundation will not be expanded from its present size, shape or
lo(ration. The new foundation construction is necessary due to a
collapsing concrete foundation in nccd of repair. The building is
not being altered or modified to change its size or shape, and thi.~
project is not for any ~ype of expansion or extension.
STANDARDS OF LAW: It is hereby determined by thi.~ Board that
the area variance standards of New York Town Law shall apply
rather than 'use variance' standards because the relief is necessary
and is related to the use of the remainder of the building and my
not be judged independently as the lowest floor level as foundation
construction. Therefore, the .Board finds and determines as follows:
(1) The gTant of the area variance will not produce an undesirable
ch~.'mge in character of neighborhood or a detriment to nearby
properties because this seasonal dwelHng/house has been in existance
For more than 40 years in its present location; and thi.~
nonconforming premises lies on a dead-end private road.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because thi-~ cement bleck foundation is in a severely deteriorating
condition which renders the seasonal dwelling as not being habitable
.[{a~ 3~ - Novembe~ j, ]997
Appl..-,.r45~4 - 1000~123-8-18 (Colag'zurt)
Southold Town Board of Appeals
(not able to comply with the State Building Construction Code
regulations for human occupancy).
(3) The requested area variance is substantial,-however,
applicant is requesting an in-place and in-kind rept-eement of
exJs ting foundation.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because dwelling (seasorml) has existed before zoning in its
present location within the comm,m~ty which consists of a part~ally
unimproved road, has become accustomed to nonconforr~ng
setbacks. Premi.~es is located approximately 12 lots lsndward of
entrance (opening which leads to Peconic Bay), of Deep Hole Creek
and premises makes up parr of the penni.~ula of Marratooka Point.
(5) The situation has not been self-created because the applicant
has shown that the foundation is collapsing and in need of repair.
(6) This action is the m/nimum that the Board deems neces~ry and
adequate and at the s~me time preserves and protects the character
o£ the neighborhood, and the health, safety, welfare of .. the
community.
RESOLUTION/ACTION: On motion by Chnirman Goehringer,
seconded by Member Tortora, it was
RESOLVED, to GRANT the relief as applied and subject to the
CONDITION that there be no expansion outside of the footprint
shown on the January 3, 1997 survey.
VOTE OF
TORTORA.
THE BOARD: ~dEMBERS_~--,GOEHRhNGElt, DINIZIO and
This resolution was ~q~a~pted (,3,~Y'~ ~
/
/' GERARD P. GOEHRING-ER, gHAIRNIAN
/ 1;[esotution Adopted 11/13/9'/
Actions. all/123-8-18
Pa~e 5 - Minutes '-J
Regular Meeting of November 13, 1997
Southold Town Board of Appeals
Board at this time, the Chairman declared the meeting adjourned at
approximately 8: 00 p.m.
Respectfully submitted,
Board Secretary 12/5
(Four Decisions are attached as filed with the Town Cler-k and incorporated
into this set of Minutes. )