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HomeMy WebLinkAboutZBA-10/09/1997APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5,16) 765 - 1823 Telephone (516) 765-1809 MINUTES REGULAR M~ETING THURSDAY, OCTOBER 9, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was hold at the Southold Town Hall, 53095 Ma~n Road, Southold, New York 11971, on THURSDAY, OCTOBER 9, 1997 commencing at 6:45 p.m. Present were; Gerard P. Ooehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Linda Kowaiski, ZBA Confidential Secretary Absent was: Serge J. Doyen, Jr., Member (excused) 6:45 p.m. Gerard P. Goehringer, Chairman called the meeting to order when a quorum was present. I. PUBLIC HEARINGS: The legal notice and reverse side of application was read as an introduction for each of the following applications at the beginning of each hearing at the times identified below. (Unless otherwise noted below, each hearing was held, and at the end of the hearing, motion was made by Chairman Goehringer to conclude and close the hearing, pending deliberations at a later time. ) 6:45 p.m. Appl. #4517.JD GABRIEl. DARIN. Based upon the Building Inspector's September 11, 1997 Notice of Disapproval, a variance is requested under Article III, Section 100-33 for approval of "as built" accessory storage building, constructed under Building Permit #24214Z with a finished height of 18 ft. 8 inches, which exceeds the maximum allowable finished height (average mean height) per code. Property Location: 1350 Mill Road, Mattituck, NY; County Parcel #1000-106-10-3. Mr. Gabriel Darin appeared in behalf of his application. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Tortora, and duiy carried, to close the hearing, pending deliberations and decision at a later time. (Please see verbatim transcript of statements addressed during the hearing.) Page 9. - Minutes '~J Regular Meeting of October 9, 1997 Southold Town Board of Appeals 6:48 p.m. Appl. #4516.GG JOSEPH SHIPMAN. Based upon the Building Inspector's August 20, 1997, approval is required under Article XX, Section 205.A(4) from the Board of Appeals for placement of a freestanding agricultural (nursery) sign in this R-80 Zone District. Property Location: North Side of Main Rood, Mattituck, NY; County Parcel #1000-108-3-5.5. Mr. Shipman appeared in behaff of his application. After testimony was received, Motion was made by Chairm~n Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending deliberations and decision at a liter time. (Please see verbatim transcript of statements addressed during the hearing.) 6:57 p.m. Appl. #4507.GG - M. ZEVITS. This is a request for Waivers (four lots) under Article II, Section 100-26 based upon the March 21, 1997 Notice of Disapproval by the Building Inspector issued on the following grounds: "under Article IIA, Section 100-23A, the lots in question are located in an 1{-40 Zone and are non-conforming. These lots have merged as they have been held in common ownership at sometime since July 1, 1983." Location of Property: 1300 Private 1{dad off Sunset Lane, extending from the south side of M~in Bayview Rood, Southold, NY; Parcel ID #1000-88-6-18.2, 18.3, 18.4, 18.5. 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 at a later time. (Please see verbatim transcript of statements addressed during the hearing. ) 7:09 p.m. Appl. #4510.JD: LAUREN ALBERTSTON. This is a request for a Variance under Article XXIV, Section 100-244B, based upon the June 19, 1997 Notice of Disapproval by the Building Inspector issued on the following grounds: "in an R-40 District the required front yard setback for a lot less than 20,000 sq. ft. is 35 feet. The proposed deck addition encroaches on the front yard setback by approximately 9 ft. Article XXIV, Section 100-244B. Location of Property: 1095 Track Avenue, Cutchogue; County Parcel No. 1000-137-1-26. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing, pending deliberations and decision at a liter time. (Please see verbatim transcript of statements addressed during the hearing. ) 7:12 & 9:13 when reconvened (1/2 hr. delay requested bY applicant between 7 and 7:30 due to lite arrival): Appl. #4511.GG: JAMES WEEDEN. This is a request for a Variance based upon. the August 27, 1997 Notice of Disapproval issued by the Building Inspector on the following grounds: ~In an R-40 District accessory buildings ...shall be located in the required rear yard and in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard provided they meet the front yard setback requirements as set forth in ...Art. III, 100-33 and 100-33C. The proposed pool is located in the side yard." Location of Property: 1175 Bridge Lane, Cutchogue; County Parcel 1000-118-2-16.1 and 6.2. Motion by Chairmnn Goehringer, seconded by Page 3 - Minutes ~ Regular Meeting of October 9, 1997 Southold Town Board of Appeals Member Dinizio, and duiy carried, to recess and continue the hearing at 8:00 p.m. (Please see verbatim transcript of statements addressed during the hearing. ) 7:14 9:05 p.m. Applications 4485-JD (V) and 4486-GG (SE): BELL-ATLANTIC]NYNEX by Richard Weyhreter (Owner: A. Rehm). Location of Property: 425 Westphalia Avenue, Mattituck, NY; County Parcel No. 1000-141-3-34. Applicant is requesting: (a) Special Exception under Article XIV, Section 100-141 (100-31B-6) for placement of a new tower and building for public utility celiular transmission service, and (b) Variances based upon the Building Inspector's April 29, 1997 Action of Disapproval, which states that "...this lot is in an Iai Zone District and has a lot area of approximately 13,400 sq. ft. Presently there is an existing building and use. The proposed building nnd additional use would require a total lot area of 80,000 sq. ft. in an LI Zone. The proposed construction is required to be set back a minimum of 70 feet from the rear yard and 20 feet from ail other lot lines. Zoning Ordinance, Article XIV, Section 100-142 Bulk Area and Parking Regulations. Owner: Adrienne M. Rehm. At approximately 8:20 p.m., a short recess was taken and motion was made by Member Dinizio, seconded by Chairman Goehringer, and duiy carried to reconvene. Please see statements made during the hearing, and request by Attorney H. Pachman requesting that the hearing be recessed until November 20, 1997. The beard indicated that a separate reselution couid be adopted at the next meeting setting a hearing date to finalize the record, and the board would consider his request for November 20, 1997. At the end of receiving ali testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess the hearing, without a date. (Please see verbatim transcript of statements addressed during the hearing.) 9:13 p.m. JAMES WEEDEN: Hearing reconvened from earlier and continued: Appl. #4511.GG: Variance based upon the August 27, 1997 Notice of Disapproval issued by the Building Inspector on the following grounds: "In an R-40 District accessory buildings ...shall be located in the required rear yard ~nd in the case of a water{rent parcel, accessory buildings and structures may be located in the front yard provided they meet the front yard setback requirements as set forth in ...Art. III, 100-33 and 100-33C. The proposed pool is located in the side yard." Location of Property: 1175 Bridge Lane, Cutchogue; County Parcel 1000-118-2-16.1 and 6.2. 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 at a later time. (Please see verbatim transcript of statements addressed during the hearing. ) 9:17 9:48 p.m. Appl. #4518.LT: JAMES McALEER - Application for a Variance under Article XXIV, Section 100-243A for approval of "as built" location of handicap ramp with raised deck area, and for location of proposed deck addition to existing cottage, based upon the Building Inspector's Notice of Disapproval dated August 27, 1997 which reads as Page 4 - Minutes ~J Regular Meeting of October 9, 1997 Southold Town Board of Appeals follows: "...Being a non-conforming building with a non-conforming use in an R-40 Zone said building shall not be enlarged, reconstructed or structurally altered unless such building is changed to a conforming use .... " Location of Property: 4250 Breakwater Road, Mattituck, NY; County Parcel #1000-106-09-1.1. 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 at a later time. (Please see verbatim transcript of statements addressed during the hearing. ) 9:48-10:00 p.m. Appl. #4513.LT SARAH WICKHAM GICALE. Based upon the Building Inspector's July 8, 1997 Notice of Disapproval, a Variance is requested to erect that portion of proposed fence which will exceed the four-ft, height requirement within or along a front yard area, Article XKIII, Section 100-231(A). Property Location: 160 East Road, Cutchogue, NY; County Parcel #1000-110-7-17. 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 at a later time. (Please see verbatim transcript of statements addressed during the hearing. ) 10: 00-10: 07 p.m. Appl. #4515. GG TIMOTHY McNALLY. Application requesting a Variance, based upon the Building Inspector's two Notices of Disapproval: 1) dated August 8, 1997 which states: "...under Article XXIV, Section 100-242B the nonconforming old tin garage with a conforming use (has been replaced with a new wood structure) shall not be rebuilt or repaired if it has been damaged by fire or other causes to the extent of more than 50% of its value until the building is made to conform to the required height and yard requirements .... ", and 2) Amendment dated September 8, 1997, which added the following: "...under Article XXIV, Section 100-243A, a nonconforming building with a nonconforming use shall not be altered, enlarged, or structurally reconstructed unless such building is changed to a conforming use .... " Applicant!s project is for a deck addition to accessory cottage, and accessory storage building at 945 Fleetwood Road, Cutchogue; 1000-137-4-23. After testimony was received, Motion was m~de by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing, pending deliberations and decision at a later time. (Please see verbatim transcript of statements addressed during the hearing. ) End of public hearings. Public meeting continued as follows. 10:10 p.m. II. SEQRA (Agenda Item II): Under NYS Environmental Quality Review Act all files involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 pertaining To substandard lots as exist, and lot line changes, were Page 5 - Minutes ~=~ Regular Meeting of October 9, 1997 Southold Town Board of Appeals confirmed to be Type II actions under the State SEQRA list regarding tonight's applications. No further procedure under SEQRA was required. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, confirming Type II Actions. III. DELIBERATIONS/RESOLUTIONS/DECISIONS: DELIBERATIONS/DECISION: W. Klein (carryover from concluded Hearing on 9/25) See attached copy of adopted decision with findings and resolution, incorporated by reference. RESOLUTION (Agenda Items IV-B and IV-C): On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize advertisement of the following new applications: for Public Hearing to be held October 23, 1997: Appl. #4522.JD - Estate of Patricla Guinan - Sp. Exception for Two-Family Conversion Appl. #4523.LT - Estate of Patricia Guinan - Variances for Public Hearing to be held November 13, 1997: Appl. #4521.LT - M. Owen (pool with deck]front yard) (adjournment requested by attorney for applicant instead of 10/23 hearing date). VOTE OF THE BOARD: AYES: Members Goehringer, Dinlzio and Tortora. This resolution was duly adopted. (Member Doyen of Fishers Island was absent. ) IV. DELIBERATIONS/DECISIONS (Agenda Item III, continued:) J. MELLY - See attached adopted decision with findings and resolution, all incorporated herein by reference. G. Darin - See attached adopted decision with findings and resolution, ail incorporated herein by reference. J. Shipman - See attached adopted decision with findings and resolution, ail incorporated herein by reference. M. Zevits & others - See attached adopted decision with findings and resolution, all incorporated herein by reference. Page 6 - Minutes ---~ Regular Meeting of October 9, 1997 Southold Town Board of Appeals L. Albertson - No resolution adopted, deliberations to continue on 10/23; possible denial if 2-1 vote were adopted tonight. J. Weeden - See attached adopted decision with findings and resolution, all incorporated herein by reference. J. McAleer - Infornm] poll taken for denial with grant of alternative relief. (Attorney P. Moore and Mr. McAleer were present during informal deliberations and poli). No resolution was adopted at this time, pending draft by Assigned Member for wording of resolution and reasons for alternative relief. T. McNslly - See attached adopted decision with findings and resolution, all incorporated herein by reference. V. OTHER/UPDATES: A. Updates for Beard Members added to weekly calendar as of today. Committee Work Sessions. None B. Reminders for board site and neighborhood inspections regarding pending flies for October 23, 1997 public hearings: App1. #4512.JD - Church of God (sign as built) Appl. #4503.GG - Hay Harbor Sp. Ext. Appl. #4514.LT - Hay Harbor (Variance) Appl. #4519.JF - C. Fisher (deck addition) Appl. #4520.GG - S. Pawlowski (as built tennis ct.) Appl. #4509.LT - Tonyes Realty Corp. d/b/a Southold Automotive Corp. (carryover from 9/25) Appl. #4522.JD - Estate of Patricia Guinan- Sp. Exception for Two-Family Conversion Appl. #4523.LT - Estate of Patricia Guinan - Variances DISCUSSION BY CHAIRMAN: Recent legal opinion prepared Town Attorney for the ZBA. by There being no other business properly coming before the Board at Page 7 - Minutes Regular Meeting of October 9, 1997 Southold Town Board of Appeals this time, the Chairman declared the meeting adjourned. adjourned at 11:15 o'clock p.m. Respectfully submitted, Linda Kowal.~ki 10/14/97 The meeting Attacbment$_~-~en (7) _~,s~E~cisions I R~CEIvED AND FILED BY FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4517 - GABRIEL DARIN PARCEL 1000-106-10-3 STREET & LOCALITY: 1350 Mill Road, Mattituck DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS! DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the easterly side of Mill Road (a/k/a Cox Neck Road), Mattituck. This lot contains a total area of 1.9323 acres and frontage along Mill Road of 155.72 feet. The subject parcel is improved with a single-family dwelling. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated September 11, ]997 which reads as follows: under Article III, Section 100-33 of the R-80 Zone, the accessory storage building built under permit ~24214Z with a finished height of 18 ft. 8 inches has exceeded the maximum allowable height of 18 ft. (Note: Building height is measured vertically from existing grade to a mean distance between the ridge and the eaves. ) AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate an accessory building for storage purposes incidentia] to the applicant's residence on this parcel, at a height eight inches (8") higher than allowed by code, for a height of 18'8" when measured vertically from existing grade to a mean distance between the ridge and the eaves. 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 neighborhood shows other structures at a similar height. (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 building has been built, and construction activities continued under Building Permit #24214Z dated June 24, 1997. Page 2 - October 9, 29'97 Appl. = 4517:1000-106-10-3 (Darin) Southold Town Board of Appeals (3) The requested area variance is not substantial representing a variation of less than one foot from the code requirement. (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 extra eight inches is visibly unnoticable and without affect ~o any nearby views. (5) The situation has 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: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. No sleeping or habitable quarters in accessory building, as required by the zoning code. 2. No kitchen or cooking facilities in accessory building, as required by the zoning code. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. This resolution was duly adopted. (Member Doyen of Fishers Island was absent. ) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southotd 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 REGULAR MEETING OF OCTOBER 9, 1997 Appl. ~4492 - WALTER KLEIN PARCEL 1000-43-1-8 STREET & LOCALITY: 3235 Manhanset Avenue, Greenport DATES OF PUBLIC HEARINGS: July 10, 1997; August 14, 1997; September 25, t997 (final hearing). FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate along the north side of Mm~hanset Avenue, Greenport, and along the west side of a private right-of-way referred to as "Gull Pond Road." This lot contains a total area of 6,821.29 sq. ft. and is improved with a 1-1/2 story frame, single- [amily dwelling with sunroom, the "as built" deck in question, and "as built" accessory frame garage also in question. BASIS OF APPEAL: Building Inspe. ctor's Action of Disapproval dated May 28, 1997, which reads as follows: "...under Article III-A, Section 100-30A.4 Accessory structures are to be located in the required rear yard and have a max~imum height of 18 feet, or 17.5 feet confirmed by applicant ( also see memo of Ed. Forrester). Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, "as built" structures exceed the maximum allowable lot coverage of 20% (at) approx. 24.25% or by 292 sq. ft. Deck addition "as built" ar 8.3 feet from setback ROW is in violation of 15 ft. minimum setback established by ZBA Appeals ruling of June 12, 1975, #2045. Under Article IIIA, Section t00-30A.3 normal required setback from ROW is 35 feet .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1. "As built" 576 sq. ft. accessory work-shop garage building, substantially located in a front area facing a private right-of-way to the east, with an "as built" nonconforming setback at 2.4 feet. The height of this garage is confirmed by applicant's attorney to meet the maximum 18 ft. height requirement (average mean height cede definition). 2. "As built" deck addition to existing dwePling. Applicant modified plan for consideration by removing 157 square feet of deck area, [ocated on the north and east of the sun room. The removal of the deck area, as indicated on the revised survey dated Septem- ber 17, 1997 prepared by Joseph A. Ingegno; will reduce the existing lot coverage from approx. '24.24 feet percent to nor greater © Page 2 - October 9 -t997, Appl. ~4492:1000-43-1-8 (W. Klein) S~uthold Town Board of Appeals O than 21 percent (exclusive of drivewav and allowable 30 sq. ft. step areas). The revised plan will also i~crease from 8 ft. 3 inches to 11 ft. 3 inches the setback of the remaining 6 ft. by 27 ft. 8 inch deck To the right-of-way. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) In considering this application, the board finds that the revised plans submitted by the applicant and relief requested therein are the minimum necessary- and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safet~ and welfare of the community. (2) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the accessory garage has existed for more than 15 years in its present location with no apparent ill affects on the existing R.O.W. or surrounding properties. Removal of approximately 50% of the existing deck area will decrease the degree of nonconformity in relation to both lot coverage and setback from the right-of-way. (3) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the size of the lot is extremely small, 6821 square feet in area, and there is insufficient land area in the required rear yard to locate the accessory garage. A cost estimate submitted by Artco Corp. to remove the garage was in excess of $t0,000. Such expense is unwarranted because the existing location of the garage is of minimal significance. (4) The requested area variance is substantial, however, the applicant's revised plans reduce the degree of existing nonconformity in lot coverage and deck setback to the right-of-way. (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 revised plan will be an improvement that will reduce the degree of nonconformity. (6) The situation has been serf-Created because the prior owner(s) failed to comply with the Terms and conditions set forth in the Board of Appeals ruling #2045 dated June 12, 1975, and subsequent ruling =27~1 dated March 5, 1981. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as amended, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck area comprised of 157 sq. ft. on the north and east sides of the sun room shall be removed within 90 days., all in FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4508 - JOSEPH MELLY PARCEL 1000-104-2-24 STREET & LOCALITY: 1375 (and 1475) Sterling Road, Cutchogue DATE OF PUBLIC HEARING: September 25, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate at the corner of the east side of Horton Road and north side of Sterling Road. The land in question for this waiver consists of a total area of approximately 13,500 sq. ft., and the survey dated February 5, 1970 prepared by Robert A. Kart, Land Surveyor, confirms a road frontage of 159.23 feet along Horton Road (a paper street) and 70 feet along Sterling Road. Although this lot is shown on the Map of Nassau Farms filed March 28, 1935 - Map No. 1179, consisting of a part of Lot 52, part of 51 and part of 50, the metes and bounds of this lot to be waived in this application does not follow the same exact original lines created on the Nassau Farms' subdivision map. The lot as exists today (deed dated 12/27/96 containing a metes and bounds description filed at Liber 11809 p. 561) matches the metes and bounds description created by 1967 and 1970 deeds, submitted by applicant's attorney dated February 6, 1967 at Llber 6114 p. 267. This Lot #24 is vacant and has been maintained by owner as a separate lot for future use. The adjoining land area (lot #23) which has been deemed merged with this CTM lot 124). Lot ~23 is improved with a single-family dwelling and consists of a land area of 17,424 sq. ft., lot width of 116.16 feet along Sterling Road, and lot depth of 150 feet (ref: survey dated October 26, 1959 prepared by Otto W. VanTuyl, Land Surveyor. CTM Lot ~24 shows that it also consists of part of Lot 52, part of Lot 51, and part of Lot 50 from the Map of Nassau Farms. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 24, 1997 which reads as follows: "...under Article III, 100-25 Merger, _ a non-conforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. Lot 104-02-24 has merged with lot 104-2-23. Action required by Zoning Board of Appeals .... " Page 2 - October 9, k'9~97 Appl. ~4508: 1000-104-2-24 (J. Melly) Southold To~m Board of Appeals RELIEF REQUESTED BY APPLICANT: Request to un-merge with approval of a Waiver under Article II, Section 100-26 based on the original lot lines for lot identified on the current County Tax Maps as Lot 24, District 1000, Section 104, Block 2. Applicant has submitted proof of lot creation by metes and bounds description (deed) dated February 6, 1967 recorded at Liber 6114 p. 267. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The adjoining northerly CTM Lot 7.5 is improved with a single-family dwelling on 1.4 acres, or more of land area. The adjoining easterly CTM Lot 22 is improved with a single-family dwelling constructed about 1988, and is not merged with Lot #24 or #22 having been in separate names (Longo, Riedel, Dempsey, Schuster). 1. The waiver will not result in a significant increase in the density of the neighborhood because the adjoining lot is already improved with a single-family dwelling, which will allow this corner lot to be improved with not more than one dwelling unit. 2. The waiver will recognize a lot that is consistent with and exceeds the size of lots in the neighborhood because other lots along Sterling Road consist of the same general size and similar layout, and aJso created by deed (rather than mapped lot lines filed with the County). 3, The waiver will recognize the exterior dimensions of the original 1966 deeded lot lines. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. RESOLUTION/ACTION: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the Waiver, as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. T.his resolution was duly adopted (3-0). (Member Doyen of Fishers Island was absent.) APPEA_LS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN' OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765- t 823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 45t6 - JOSEPH SHIPMAN Parcel 1000-108-3-5.5 STREET & LOCALITY: 20685 Main Road, Mattituck DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the north side of Main Road, Mattituck. This lot contains a total area of approximately 40,851 sq. ft., and adjoins acreage of the applicant immediately adjoining to the north. These lands are together used agriculturally for the growing of nursery trees (Christmas tree farm), which agricultural use is permitted in this R-80 Residential Zone. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 20, t997 which states: "...freestanding signs are not permitted in a R-80 Zone. Such signs require Zoning Board of Appeals approval (100-205.1 Specific Sign requirements) .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of a proposed ground sign to be located not closer than seven (7) feet ro the front property line along the Main Road, and applicant has testified at the hearing that it will not be any closer than 15 feet from the edge of the road (county ~ight-of-way). The purpose of the sign is to identify the existing nursery use and its related agricultural activities at the subject premises. The sign is proposed to be of a size of 3.5 feet by 7.5 feet wide, and the top of the sign is shown ro be ar 10.5 ft. from the natural ground. No interior lighting is proposed and a design sketch of the sign has been submitted ro show brief wording and shamrock logo. 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 type of sign is permitted in the A-C Agricultural Conservation Zone District, and although this type of sign is permitted only by variance approval from the Board of Appeals in the R-80 Residential Zone, the use and purpose are the same as that provided in the A-C Zone. Page 2 - October 9,~t997 Appl. #4516 (J. Shipman} 1000-108-3-5.5 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because free standing sig-ns on A-C Zone residential property- can only be granted upon approval by the ZBA. (3) The requested area variance is not substantial because the sign conforms and will not exceed 26.25 square feet. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditioris in the neighborhood or district because sign identifies an agricultural use of a Christmas tree farm. (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 Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT variance relief as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. In the event the agricultural use is discontinued for more than two years, the sign shall be removed, or otherwise be re-considered by the Building Inspector as to a new conformity (related to an agricultural use). 2. The set back from the front property line shall not be closer than seven feet as requested by applicant. 3. The top of the frame (name area) of the sign shall not exceed u~ne feet from natural ground (with or without the roof shown in the design sketch). This is a reduction from the requested 10-1/2 feet total height. 4. Exterior lighting shah be shielded toward the g-round and shall not be iridescent; interior illumination is not permitted. 5. The sign shall be positioned perpendicular to the Main Road as requested by applicant (not parallel to the road). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. (Member .~Deyt~ of/.--~sh~ I~land was absent-excused. ) This resot~'i~n waJ~/duly./ado~d/3~'. / /GERARD P. GOE:RI GER, /Adopted October 9, 1997 Actions. ali/108-3-5.5 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4511 - JAMES WEEDEN PARCEL 1000-118-2-6.2 (and adj. 16.1 combined as one) STREET & LOCALITY: 1175 Bridge Lane, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the south side of Bridge Lane at Nassau Point, Cutchogue. This lot is waterfront, having frontage along a Lagoon, and consists of part of Lot 112 and Lot 113 on the Amended Map A of Nassau Point, filed in the County Clerk's Office August 16, 1922 as Map No. 156. The lot is approximately 1.6 acres and has 370+- ft. frontage along Bridge Lane. A copy of a survey has been submitted by the applicant dated June 28, 1995 showing an existing two-story frame house and garage, accessory frame garage, and accessory frame cottage. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 27, 1997 which reads as foliows: "...In an R-40 District accessory buildings ...shall be located in the required rear yard and in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard provided they meet the front yard setback requirements as set forth in ...Art. III, 100-33 and 100-33C. The proposed pool is located in the side yard .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed accessory swimming pool with deck and fence enclosure partly in the side yard area. The inground pool is proposed not closer than 130 ft. to the front property line along Bridge Lane, and near center location with a setback at approximately 102 feet to the northerly property line or edge of Lagoon highwater mark. The size of the inground pool is proposed to be 18 ft. by 36 ft. and the fence height will be per code regulations (not less than 4 fi. and not higher than the 6-1/2 ft., ref: 100-231-B). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Page 2 - October 9, I997 Appl. ~4511:1000-118-2-6.2 (Weeden) Southold Town Board of Appeals (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment To nearby properties because proposed pool is eentrally located on house parcel between existing nonconforming accessory cottage and two-story main dwelling. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because premises has a limited rear yard area and applicant proposes To construct pool in side yard area. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because premises is a waterfront improved parcel which consists of approximately 365 lineal feet (creekfront); proposed location of accessory swimming pool is landward; and pool can only be realistically placed in a side yard or front yard area. (4) The situation has not been self-created. (5) 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 because of the Topography of the premises, the proposed' location of pool is in conformance with board's criteria for mitigating distance between existing structures (dwellings), road frontage and waterfront access. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. This resolution was duly adopted. (Member Doyen of Fishers Island was absent.) . A~PE.~g BOARD MEMBERS'--< Gerard P. Goehfinger, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD South01d Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 9, 1997 Appl. ~4507 - M. ZEVITS & OTHERS PARCELS: 1000-88-6-18.2; 18.3; 18.4; 18.5 as separate parcels STREET & LOCALITY: 1300 Private Road off Sunset Lane, Main Bayview Road, Southold DATE OF PUBLIC liEARING: October 9, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION/FACTS: The applicant has confirmed that the substandard lots under consideration: a) were created by Planning Board subdivision approval, as shown by the subdivision map signed by the Planning Board Chairman March t6, 1971 approving Lots 1, 2, 3 and 4 of variable lot sizes between 14,400+- square feet and 19,400 square feet; b) continue the same original perimeters boundaries of the established lot lines at the time of creation by subdivision approval. e) three lots are vacant and Lot #1 (formerly CTM #18.t) is improved with a singie-family dwelling; d) each lot was deeded separately and in different ownership prior to December 26, 1995 when Local Law #23-1995 (lot creation and merger law) was adopted. REQUEST BY APPLICANT: Request for approval of Waiver, or alternatively an Interpretation to determine tots are unmerged as created by Town Planning Board Subdivision Approval March 16, 1971, which approval was recognized by the zown and local agencies until December 26, 1995. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 21, 1997 issued on the following grounds: "under Article IIA, Section 100-23A, the lots in question are located in an R-40 Zone and are non-conforming. These lots have merged as they have been held in common ownership at sometime since July 1, 1983 .... " REASONS FOR BOARD ACTIONS, DESCRIBED BELOW: As of December 26, 1995 the new Lot creation Law replaced former Section 100-31, under the zoning code in effect until December 26, 1995, lots on Plamzing Board approved subdivision maps were Page 2 - ZBA Appl. ~4507 Re: 1000-88-6-18.2 & ors. (Zevits) October 9, 1997 Regular Meeting recognized as valid lots and received building permits (house constructed about 1967 on Lot ,il of this Minor Subdivision). 1. The waiver will not result in a significant increase in the density of the neighborhood as shown on the county tax map and town's building, assessment and parcel records. 2. The waiver will recognize a lot that is consistent with and exceeds the size of lots in the neighborhood. 3. The waiver will recognize the exterior dimensions of previously created lot lines because current o~vner deeded lots to family members and/or other grantees prior to December t995. 4. The land will not require a change or alteration in contours or slopes, or substantial frilling of land-. REASONS FOE BOARD ACTION, DESCI~IBED BELOW: On Motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that based on the above, the Waivers requested are APPROVED (for County Parcel Nos. 18.2; 18.3; 18.4; and 18.5 as separate parcels). VOTE OF THE BOARD: AYES: Members Dinizio, Tortora, and Goehringer. Member Doyen of Fishers Island was absent during this ~ Approved for Filing / G~.~ARD P. GOEHR~NGER,/CHAIRMAN Actions.all/88-6-18.2 & more Page 7 - Minutes ~ Regular Meeting of October 9, 1997 Southold Town Board of Appeals this time, the Chairmsn declared the meeting adjourned. adjourned at 11:15 o'clock p.m. Respectfully submitted, [)nda Kowalski 10/14197 The meeting Attae. hments_;.~Se~n (7) Case~cisions //Gerard P. Goehrmgeff, C man Resolution 10123197 ?fl::~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hall 53095 Main Road R O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4515 - TIMOTHY MeNALLY PARCEL 1000-137-4-23 STREET & LOCALITY: 945 Fleetwood Road, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the north side of Fleetwood Road, Cutchogue. This lot contains a total area of approximately 12,500 sq. ft. and its boundaries are more particularly shown on a survey map dated October 24, 1994 prepared for Timothy McNally by Rod- crick VanTuyl, P.C. The subject premises is improved with two one-story frame buildings (single-family uses), an "as built" garage and an "as built" deck, both of which are the subject of this application. BASIS OF APPEAL: Building Inspector's two Actions of Disapproval (a) dated August 8, 1997 which reads as follows: "...under Article XXIV, Section 100-242B, the nonconforming old tin garage with a conforming use (has been replaced with a new wood structure) shall not be rebuilt or repaired if it has been damaged by fire or other causes to the extent more then 50% of its value, until the building is made to conform to the required height and yard requirements... ," and (b) dated September 8, 1997 wtfich reads as follows: "...under Article XIV, Section 100-243A a nonconforming building with a nonconforming use shall not be altered, enlarged or structurally reconstructed unless such building is changed ro a conforming use .... " Page 2 - October 9, 1997 Appl. ,~4515: 1000-137-4-23 (McNalty) Southold Town Board of Appeals AREA VARIANCE RELIEF REQUESTED BY Ai~PLICANT: (1) For approval of "as built" 10' x 18' accessory garage building with a setback at a variable' between 4 inches (shown on the survey map), or four feet maximum setback (measured by applicant) from the side property line, and (2) for approval of "as built" open deck conslruction as an addition to nonconforming dwelling, an extension of this building which contains a (second) dwelling use on this lot. Deck construction is shown to be not larger than 20' by 20' as sketched on the survey map, and accessory garage is shown To be 10 ft. wide by 18 feet, for a total height of 10 ft. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Town Building Inspector has confirmed accessory cottage is eligible for a Pre-Existing Certificate of Occupancy. (Note: The application has been on file with the Building Department for issuance, pending the outcome of the garage and deck variances). The granting of the area variance wi]J no~ produce an undesirable change in character of neighborhood or a detriment to nearby properties because the "as built" deck has been a~ached to this accessory co[zage for at least 1S years and is approximately 20 feet (more or less) az its ctosesz point to a natural revetment (stone) barrier between rear of property and wetland area. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of the uniqueness of said parcel with one principal dwelling and one seasonal accessory co~tage, and I0' x 1S' nonconforming accessory storage building. (3) The requested area variance is not substantial because as stated above attached deck has been in place for at least t8 years prior to code reszriction, and for a longer period of time for the 10' x t8' accessory storage building which was in poor condition and has been reconstruczed. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because variance requested is for an attached open deck as built which has remained unenclosed since its existence and reconstruction (10' x 15') of a nonconforming storage building in place, in kind, az a variable between 4" and 4 feet from the west property line; and no encroachment whatsoever. (5~ The situation has been self-created. Page 3 - October 9, 1997 Appl. ~4515: t000-137-4-23 (McNally) Southold Town Board of Appeals (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 Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. "As built" deck construction shall remain as built and not be enclosed into a porch or other type of room; "As built" deck shall remain unroofed. 3. "As built" garage shall not be enlarged in any manner. 4. "As built" garage shall not be used or converted for sleeping quarters or any use other than accessory storage or garage purposes. 5. Re-construction of this garage by 50% or more will require moving the garage to conform with a three ft. minimum setback from the side property line and at least 21 feet from the front proper~y line along Fleetwood Road. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. This resolution was d~opted. (Member Doyen of Fishers Island was absent. ) .?/ ~ / /~---~//~ /  GERARD P. GOEtYRiNGER, C/I~kIRMAN RESOLUTION ADOPTED Actions. all/t37-4-23