Loading...
HomeMy WebLinkAboutZBA-05/07/1997~'~ ~APP, EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. x M rSE?v XX x Lydia A. Tortora [~ureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING WEDNESDAY, MAY 7, 1997 6:50 p.m. Chairman Goehringer called the meeting to order. 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 WEDNESDAY, MAY ?, 1997 commencing at 6:50 p.m, Present were: Gerard P. Goehringer, Chairman Serge J. Doyen Jr. James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowaiski, ZBA Secretary I. PUBLIC HEARINGS (Agenda Item I): The legal notice and portions of each application were read for each of the following applications at the times listed below: 6:53 p.m. Appl. No. 4472 RICHARD BOARDMAN. variance application based upon three Actions of Disapproval: This is a (a) dated March 12, 1997 to construct an alteration and additions which Disapproval states ",..Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback ...minimum is l0 ft. and a combination of 25 ft. total side yard setbacks are required. *Note: any further expansion of dwelling or accessory footprints may exceed 20% maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states "...Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20%. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.25% lot coverage; and (c) Amendment/Supplemental Notice of Disapproval dated Page 2 - Minutes ~ Southold Town Board of Appeals Regular Meeting of May 7, 1997 April 14, 1997 to construct an alteration, addition and accessory garage which states: "...Under Article IIIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20% based on cover letter explaining reduction of amount of lot coverage by 102 sf. from 223 to 121 sf. because of removal of back porch 6' x 17' .... " Location of Property: 690 Village Lane, Orient; Parcel ID 1000-25-1-13. This parcel consists of a size of 9625+- sr.; - R-40 Zone. HEARING CONCLUDED/RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Din/z/o, to CLOSE THE HEARING. Vote of the Board: Ayes: All (5-0). This resolution was duly adopted. 7: 03 p.m. Appl. No. 4471 - LAWRENCE ~nd LINDA WARREN. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the foliowing grounds: "...When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII, 100-231 .... " Location of Property: 24380 Main Road, Cutchogue, NY; Parcel ID 1000-109-3-2.41 (Country Club Estates). HEARING CONCLUDED/RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to CLOSE THE HEARING, pending receipt of the setback information from applicants as requested during the hearing. Vote of the Board: Ayes: All (5-0). This resolution was duly adopted. 7:13 p.m. Appl. #4470 - WILBUR OSLER. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct additions to existing dwelling, and the application was disapproved on the following grounds: "...Under Article XXIV, Section 100-244B proposed construction will not have sufficient side yard setback. A fifteen-ft, side setback is required. *Note: existing deck addition adjacent to proposed dwelling addition does no~ have any building permit or C.O. on record. Building Dept. wilt issue order to remedy .... " Location of Property: 8070 Peconic Bay Boulevard, Laurel; Parcel ID 1000-126-11-17. This parcel consists of approximately 32,000+- sq. ft. with 99.58 ft. road frontage. Zone: R-40 Residential. 7:20 p.m. Appl. No. 4473 - SYLVIA M. DALEY. This is a request by the owner to establish Accessory Bed and Breakfast Use in conjunction with her residence, as authorized by Special Exception for the rental of three rooms for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section Page 3 - Minutes ~-- Southold Town Board of Appeals Regular Meeting of May 7, 1997 100-31B(14). Location of Property: 8985 Main Road, East Marion, NY; Parcel ID 1000-31-3-17. 7:25 p.m. Appl. No. 4474 - SUZANNE CAMERON SCHUTZ. This is a vaance request based upon the March 14, 1997 Action of Disapproval by the Building Inspector, whereby an application for a permit was made to construct an inground swimming pool, and disapproved on the following grounds: "...The proposed pool is in the side yard. In an R-120 Zone, Accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, or in the case of a waterfront parcel, accessory buildings or structures may be located in the front yard provided that such buildings and structures meet the front yard setback requirements as set forth by this code, Article 100-33C. In this case 60 ft...this lot is approximately 101,930 sq. ft .... " Location of Property: Middle Farms, Fishers Island, NY; Parcel ID 1000-8-1-2. 7:30 p.m. RESOLUTION to POSTPONE to 7:30 p.m, Men., May 19, 1997 Re: Two-Fold Application for RAYMOND FEDYNAK. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to postpone this hearing as requested by applicant's attorney pending submission of the requested single and separate search for the undersized lot(s). This resolution was unanimously adopted (5-0). 7:25 ~ 7:30 p.m. A short break was taken. 7:30 p.m. The meeting reconvened, with Chairman Goehringer absent for most of the next hearing due to previous ownership of the subject property by his wife's parents. James Dinizio, Jr. officiated as Chairman Pro Tern for the next hearing: 7:32 8:34 p.m. Continued Hearing re: Application of BARRY AND CAROL ASNESS. Map with new location sketch was recently submitted. Additional testimony and questions by members. At the end of receiving testimony, motion was made by Member Tortora, seconded by Member Ostermann, and duly carried, to RECESS and CONTINUE the hearing on MAY 19, 1997 at 7:45 p.m. for further information (discussed at the hearings) relative to the setbacks, location of drainage basins, and a possible alternative location further away from the bluff. This resolution was duly adopted (4-0, Chairman Goehringer abstained from vote.) 8:34 8:40. SHORT BREAK: Motion was made by Member Tortora, seconded by Chairman Goehringer, to take a short break. 8:41 p.m. RECONVENED: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to reconvene the meeting at this time. Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of May 7, 1997 8:41 p.m. FINAL HEARING/RESOLUTION TO CLOSE: Applications by LILCO for Special Exception and fence height Variance. After receiving brief testimony from LILCO representative Bill Hoag, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: Ayes: Ail (5-0). This resolution was unanimously adopted. 8:47 p.m. RESOLUTION TO CLOSE LAST OF THE WRITTEN SUBMISSIONS re: NYNEX, ORIENT. Receipt was acknowledged of a response from the Town Senior Planner V. Scopaz with regard to the April 15, 1997 ZBA request. Also submitted during this meeting was written documentation from Attorney Howard Pachman. Motion was made by Chairman Goehringer, seconded by Member Ostermann, and duly carried, to accept all written material submitted to date, including but not limited to the above, and to CLOSE AND SEAL the entire record. This resolution was unanimously adopted (5-0). The Board Secretary asked if she should submit a draft of findings and property facts, with standards to be considered for the next meeting to commence deliberations procedures. The Chairman agreed affirmatively, with other members. II. SEQRA: A. TYPE II DECLARATIONS: Motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carried, to confirm tonight's applications for public hearings involving accessory uses, setback reduction, lot coverage increase, waiver under merger law, to be Type II without the need for further steps as provided under the SEQRA regulations: (Boardman, Warren, Osier, Daley, Schutz, Fedynak). B. SEQRA STATUS: Re: NYNEX at Orient. Board as of 4/22/97 confirmed its Lead Agency status. agencies will be directly involved SEQRA agencies. Town Planning ZBA and other III. MISCELLANEOUS/RESOLUTIONS/OTHER: A. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, and unanimously carried, it was RESOLVED, to authorize advertisement of the following additional hearing for May 19, 1997: 7:20 p.m. Appl. of CHRISTINE MCCABE. Gazebo at Old Harbor Road, New Suffolk. This resolution was duly adopted (5-0). Page 5 - Minutes ~- ~ Southold Town Board of Appeals Regular Meeting of May 7, 1997 III-B. TABLE new application: Motion was made by Chairman Goehringer, seconded by Member Tortora, and unanimously carroed, to HOLD IN abeyance the new application submitted by RICHART REALTY pending confirmation in writing (or on a map) of each lot size as proposed for reduction, and single-and-separate search dating back to 1957 for subject lot size as exists today. This resolution was unanimously adol~ ted. III-C. CONFIRMED: Next Special Meeting and Work Session for deliberations and other confirmed as of this date to be May 19, 1997. Agenda Items to include, but not be limited to: all pending files members to review, and deliberations are possible, re: all files identified above or on previous agenda pages, and public hearings. IV. COMMITTEE CALENDARS (no notices received as of 3 p.m. today) for either Planning and Zoning Committee or Code Committee). V. DELIBERATIONS/DECISIONS, attached in the following order: Boardman Osier Daley Schutz LILCO SE LIL CO Variance Sacks Denial (continued on next page). INFORMAL STRAW POLL/PENDING DECISIONS: The members were polled on each of the following matters, for action at the May 19, 1997 meeting: Lawrence and Linda Warren fence - vote expected to be (4-1) for approval. (This is not to be considered an official action and will be deliberated and decided by resolution at the next meeting.) Lawrence Suter - ZBA Secretary submitted a five-page draft of the property facts-findings, standards to be addressed, and other relative information. A consensus of three or more votes was not furnished, however, two members would agree to a form of approval. Assigned Member suggested this be a carryover to May 19, 1997, at which time recommendation (reasons for approval or otherwise) would be available, after discussing site plan questions with the Planning Board. + ':. ,APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 UPDATED / CORRECTED FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4472 - RICHARD BOARDMAN PARCEL 1000-25-1-13 STREET & LOCALITY: 690 Village Lane, Orient DATE OF PUBLIC HEARING: May 7, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the westerly side of Village Lane with 76.30 ft. road frontage. This lot contains a total area of 9020 sq. ft. and contains an existing house of 1079 sq. ft. and shed {50 sq. ft. ). BASIS OF APPEAL: Request for variance based upon three Actions of Disapproval: (a) dated March 12, 1997 to construct an alteration and additions which Disapproval states: "...Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback ...minimum is 10 ft. and a combination of 25 ft. total side yard setbacks are required. *Note: any further expansion of dwelling or accessory footprints may exceed 20% maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states "...Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20%. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.25% lot coverage; and (c) Amendment/Supplemental Notice of Disapproval dated April 14, 1997 to construct an alteration, addition and accessory garage which states: "...Under Article IIIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20% based on cover letter explaining reduction of amount of lot coverage by 102 sr. from 223 to 121 sf. because of removal of back porch 6' x 17' .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To construct an alteration, addition and accessory garage. Garage ro be 240 sq. ft. and 10 ft. from side property line, and 20 ft. from rear yard property line; Family room addition to be 320 sq. ft.; future deck addition to be 287 Page 2 - May 7, 199rr~ Southold Town Board of Appeals Re: 1000-25-1-13 (Boardman Parcel) sq. ft.; alteration to existing bathroom of three feet towards northerly property line at seven (7) from property line. 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 new construction will be within conformity to the architectural integrity of the surrounding 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 addition to bathroom space cannot be created within the existing building without extensive reconstruction. (3) The requested area variance is not substantial in relation to the code requirement because total new construction will exceed the 20% allowed by 1.26% (total: 21.26%). (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because relief sought will not interfere with the abutting properties and density limitations are exceeded in the area. (5) The situation has been preexisting because the house was built in the mid-1800s and additional space and alteration are needed for more comfortable living conditions. (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 Member Ostermann, seconded by Chairman Goehringer, it was RESOLVED, to. GRANT the relief for lot coverage and a setback at not closer than 6.5 (6'6"), without further setback reduction on this side in the future. VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, Tortora, and Ostermann. This resolution was unanimously adopted. Resolution Adopted 5/7/97 ********************* Actions. 97/25-2.13 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TO!ArN OF SOU'~rlOLD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-t823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF M. AY 7, 1997 Appl. No. 4470 - WILBUR OSLER PARCEL 1000-126-1 t-!7 STREET & LOCALITY: 8070 Peconic Bay Boulevard, DATE OF PUBLIC HEARING: May 7, 1997 FINDINGS (PROPERTY FACTS) :_ Tkis roperty is located in an R-40 tlesidentiaI Zone ~ESCRIPTION: P .- ~'-erlv /s/e) side of Peconic Bay District, being situate on me south y ~ ' Boulevard 99.58 feet of road frontage and 102.45 of frontage along Great Pecmfic Bay (as buikheaded), and lot deptk of 317.9 ft along the wesreriy side property tine. This lot contains a total area or approximately 31,790 sq-'ft, and is improved w/th a 1-!/2 story existing dwelling, two-story buiiding ~n the front yard, and accessory garage in the front yard, all as shown on the May 5, 1997 survey map. BASIS OF APPEAL: Building Inspector's Action of Disapproval dared i~Iarch 10, 1997, wi{ich reads as follows: under Article XXIV, Section 244-B ,,proposed construction wilt not have sufficient side yard setback. A 15-ft. side yard is required .... " AREA VARIANCE RELIEF RE U~(~_~-T~D BY APPLICANT~: To locate ~eck (and shower a--~xists) a~dition, all ar 13 ft. at the~'ctosear points (extending along the shower extension which exisrs also at 13 ft. setback) ar the easterly side yard. REASONS FO_R BOARD ACTION--2--~DESCRtBED BELOW: " of the area variance will not produce an (1) The~ ~gTantmg :_ ~.~ ter of neighbor~hoo~d or a d?t~ime, nt=to. i an~e m ~,~,=_racr_~_~er ~ ~ ct m undesiFa0te cna. r~u,_(~}~.)~-_-~, lots re narrow and sut~sranctar nearby properties oecause mu ...... a width; (2) The bene~ sought by the applicant cannot be actlieved by .some method, feasible for aopHcant to pursue, other than an area variance because' the house has existed for 90+- years with a sm~ll kitchen, which needs enlargement- No other area is available. (3) The relief requested is not substant~ai. Page 2 - 7, Application ~ wILBh~ OSLER Southold Town Board of Appeals (4) The situation Ires not been self-created because of the age of the dwetling and the establishes footprint location which lends to the difficulties in tkis project. (~ 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 Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: Members Doyen,. Goehringer, ~-~ GERARD P. GOEHRT[qGER, CHAI.~MAN Resolution Adopted May 7, 1997 ********************* Actions. 97 I126-tl. 17 ' ', APPEA~LS BOARD MEMB ERS ~-- Gerard R Goehringer. Chairman Serge Doyen James Dinizio, Ir. . ~J~ 7'.2 i..-T~.M- - --- ~k~udirae'~ixT~.°r~3 s t e r m a n n BOARD OF .&PPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1 I79 Southokt New York t 1971 Fax (516) 765-1823 Telephone (516) 765-t809 FINDINGS, DELIBERATIONS AND DETERMINATION ' ' A ' _99~ ADOPTED AT REGUL R MEETING OF MAY ,, t " Appl. No. 4473: SYLVIA M. DALEY PARCEL ID: 1000-31-3-17 STREET & LOCALITY: 8985 Main Road, East Marion DATE OF PUBLIC HEARING: May- 7, 1997 REQUEST MADE BY APPLICANT: This is a request under Article ~It, Section 100-30A.2B and 100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law ,~3-1995 which provides for an allowance of not more than three bedrooms for rental as an Accessory Be(} and Breakfast. subordinate and incidental to t_he residence of the applicant 'in a principal single-famit;¢ dwelling, for lodghng and serving of breakfast to not more than six (6) casual, transient roomers in accordance with conditions (a}, (b), (c) and (d) as per Section t00-3!B(14) · FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is situate along the north (n/w) side of Main Road, East Marion. Town of Southold with 110.27 ft. frontage and a tot depth o'f 293.06 along the easterly side property: line. This lot contains a total lot area of .749 of an acm and is improved with a single-family dwelling, as more particularly shown on survey dated .June 16, 1994 prepared by Roderick VanTuyl, REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is is located, adjacent use districts, and nearby al~d adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and avaflabte open space. 3) This accessory use will nor prevent orderly- and reasonable uses proposed or e:dsting in adjacent use diszricts. 4) No evidence has been submitted to show that the safety, health, welfare: comfort, convenience, order of the town wonld be adverset~~ affecred. Page 2 - May ?, 199Z~ Appl. ~4473 - Sy[vi~ley B&B Southold Town Board of Appeals O 5) this use is listed as an authorized accessory use subject to a Special Exception review and approval by the Board of Appeals.: 6) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code, which are noted as follows: Section 100-263: A. This use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use .districts because it is accessory to the owner's residence and operated by the owner. B. This use will not preven[ the orderly and reasonable use of permitted or legally- established uses in the district wherein the proposed use is to be located or of permitted or legally- established uses in adjacent use districts. C. The safety, the health, the welfare, the comfort: the convenience or the order of the town would not be adverse{v affected by the proposed use and its locations. D. This use would be in harmony with and promote the general purposes and intent of this chapter. E. T~kis use would be similarly compatible with its surroundings and with the character of the neighborhood and of the communky in general, particularly with regard to visibility, scale and overall appearance. F. The use of this building, as proposed, is to continuously be accessible not only for parking of guests but also for fire and police vehicles. Section I00-264: In makfl~g this determination, additional consideration has been ~ven ~o the following: A. The character of the existing and probable devetopmen: of uses ii{ the district and the peculiar suitability of such district for the location of any such permitted use is no~ affected by tkis use. B. The conserva[ion of property values and the encouragement of the most appropriate uses of land is no~ affected by this use. Pa~e 3 - May 7, 19.97 Ap-pt. ~4473 - Sylvia Daley B&B Southold Town ~oard of Appeals C. There will be no adverse effect to traffic or unsafe conditions h~ the location of the proposed accessory use and ks location when the owner complies with the conditions under wtlich this permit is issued- D. There is availability of adequate and proper public or orivate wa~er supply and facilities for zhe treatment, ~emoval or discharge of sewage or refuse related zo this use. E. The use will not cause, or give off, obnoxious ~°~ases, odors, smoke or soot. F. The use will not cause disturbin~ emissions of eiec%rical discharges, dust, light, vibFa%ion or noise. G. The operation in oursuance of the use will .not interfere with any tcu~lic or partdng, or of recreational facilities. H. The ~aecessi~y for (on-site) off~s%ree~ parking of vehicles incidental %o the use and .%hree spaces are reasonably adequate and appropriate and can be furnished by the owner of the ~lot sought to be used on this lot w~nere the use wlit be i. There will be no t~azard to bge, hmb or proper because of fire, flood, erosion or panic created by reason of or as a result of ~he use proposed, and there will be accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the urn_due concentration or assemblage of persons upon such plot. J. The use or the structures to be used therefore will cause an overcrowding of land or undue concentra~on of population. K. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation. L. The use to be opera,ed is no~ unreasonably near to a church', school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly sttizable for such residential accessory use. Page 4 - May , 19~:''~) Appl. #4473 - Sylvi~aley B&B Southotd Town Board of Appeals N. Adjacent properties and land uses will not be affected by any possible detrimental impacts of the proposed use. O. Adequate provision has been made for the collection and' disposal of stormwater runoff, sewage, refuse and other waste which the proposed use would generate. P. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater al~d surface waters on and off the site. BOARD ACTION/RESOLUTION: On motion by Chairman Goehringer, seconded .by Member Dinizio, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, and with the FOLLOWING CONDITIONS: 1) parking spaces shall be perpendicular to the Main Road. 2) no backing out of vehicles onto Main Road whatsoever. 3) three outside parking spaces are required on-site upon the applicator's property, as shown on the sketch subnfitted by applicant to the board. 4) compliance at ail times with the zoning code, and other laws and regulations applicable to this accessory use. (Note: Applicant is to return to the Building Department for final approval for accessory bed and breakfast occupancy.) VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Lydia A. Tortora, Maureen Ostermann, and Gerard P. TBL~ resolution was unanimously adopted 5-0. Dinlzio, ~r., Goehringer. Actions. 97 / 31-3.17 ZBA:lk _ GERARD P. GOEHliINGER, CtLAI~R2MAN Resolution Adopted May 7, 1997 2i. PPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Se~e Doyen James Dirdzio. Jr. RommOO xx Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUq]-IOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-t809 ' ' S DELIBERATIONS AND DETERMINATION F~NDING , ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4474 - SUZANNE CAMERON SCHUTZ PARCEL 1000-8-1~2 STREET k LOCALITY: Private Road off East Fred Road, at Middle Farms, Fis hers Island DATE OF PUBLIC HEARING: May 7, 1997 pROPERTY DESCRIPTION: T~his property is toca~ed h~ an g-120 Residen~at Zone Dirtier, berg situate at rh~ southerly end of a orivate right-of-way, at ~ddle Farms, Fishm~ Island, New York. This tot is a ~terfmnt lot with frontage along Middle Farms Pond, and con,ins a total area of ~ November 1~, i996 survey shows the 10t,930+- sq. ft. ~roperty is zmproved with a single-family, ~wo-story dwelling and private dock area lot the residents' uses. BASIS OF APPEL: Building Inspector's Action of Disapprov~ dated September 16. t996 reads as follows: under Article XXItI, S~on 100-239.4B, 'iproposcd deck addition to dwelling will have less than the required 75 leer setback from the bulkhead; 40 fi. indicted. Action required by the Zoning Board of Appeals .... " AB~ VARI~CE BELIEF REQUESTED BY APPLICANT: To locate accessory s~mm~ool in a yard other than ~]e reqrdred mar or req~ed fro~t yard on rhis waterfront parcel, as shown on the November 12, 1996 Chandler, Palmer & I~ng site plan map at mo~ rh~ 100 feet from all properW lines, except that the ~sr~ce oroposed ro the buikhea~ ar its ciosesr (corner) point is 85. feet ~63+- feet to pat{o). R~SONS FOR BOARD ACTIO~ DESCRIBED BELOW: ,. ranfin~ of the area variance will nor produce an ~1) ~h~ ~ ~ ~ ~,, ~h~r~cter of neighborhood ~a~trimen[ to ~~~ i~ate~ at ~e cenmr of the lot, it is wooded and not vmame orr (2) The benefit sought by the applicant cannot be at.eyed by some method, feasible for appHcan~ to pursue, other than ~ area vari~ce becaus~ the ropo~aphy of the land, and requirements of fhe To~ Appl. -.-'44~4 '- Suzan~ Cameron Schutz Southo[d Town Board of Appeals Trustees and the wetlands ordhiance; also the land falls off on three sides from the pool - it is a hillside. (3) The requested area variance is not substantial because there is more than adequate lot area which does not affect neighboring properties. (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 N.Y.S. Department of Environmental Conservation and Town Trustees (environmental agencies) have reviewed this project. (5) The situation has not been self-created because this is a new project in the most practical tocation considering all circumstances relative to the property and its improvements. ($) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects th.e character of the neighborhood, and the health, safety, welfare of the community. R=SOLUTiON~ ACTION: Member Dinizio, it was On motion by Member Doyen, seconded by RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, TORTORA AND OSTERMANN. This resotu~onq was unanimously adopted. /~//~ /~,///~/~ ~ ~ z/GERARD P. GOE~JINGER, CHAPMAN z/ Resolution Adopted May 7, I9~ ********************* Actions. 97/8-1.2 APPf .ALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Serge Doyen James Dinizio. Jr. Lydia A. Torrora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOU~OLD Sourhold Town Hall 53095 Main Road EO. Box 1179 Soul:hold. New York 1 t971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF ~LAY 7, 1997 Appl. No. 4429SE - LILCO/STYPE; PARCEL 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, ~ DATES OF PUBLIC HEARINGS: Nov. 14, I996; Dec. 12, 1996; March 13, 1997, April 10, 1997, April 24, 1997, May 7, 1997. PROPERTY DESCRIPTION: This property is located in a B-General Business Zone District, being situate on the southerly side of the Main Road-(State Route 25). It contains a total tot area of 39,798 sq. ft. and is vacant urdmproved land, ail as more particularly shown on map submitted for consideration and made a part of the ~ie under date of Novem- ber 8, 1996. RELIEF REQUESTED BY APPLICANT: To construct public utility compressor station (structure) on vacant land, subject to site plan approval by Planning Board and conditions as may be required by the Board of Appeals. BASIS OF APPLICATION: Article X, Section t00-101B(!), (ref: Article III, Section 100-31B(6) which reads as follows: "Special Exception by approval of the Board of Appeals, ... are subject site plan approval by the Planning Board: "...B(6) Pubtie utility right-of-way as well as structure and installation necessary to serve area within the town, subject to such Conditions as the Board of Appeals may- impose in order re protect and promote the heattk, safety, appearance and ~eneraI welfare of the communiW and the character of the neighborhood in which the proposed structure is re be construc ted." REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which k is located, adjacent use districts, and nearby and adjacent uses because it is a busy commercial district; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties commercial zoning, and established commercial businesses, aH surround this site, and the use has adequate parking and available open space; Page 2 - May 7, 1997~ZBA Meeting Special Exception for LtLCO/STYPE Parcel ~ 1000-122-?-6- 6 3) This use will ,.tot prevent orderly and reasonable uses proposed or existing in adjacent use districts, for the same reasons as noted 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, in fact, testimony was given concernh~g the safety of the surrounding area in the event of an emergency such as a gas leak or fire. This concern included the response time of the company personnel and possible evacuation of the area. In light of this situation the applicant has conmcted the Mattituck Fire D~strict and has agreed to notify the Fire Department on a first-call basis as per letter dated January 20, 1997. Wl~le a specific evacuation plan was requested and noz received, it is assumed that contacting the fire department first wflI have the same effect due to their intimate knowledge of the area. 5) testimony was also takeu concerning the smell of petroleum contamination. The N.Y.S. Department of Envi~-onmental Conservation reviewed ~he applicant's report and determined tt~at no further action w~l be reqtfired az this time; D.E.C- me~e dated April 1!, 1997 reads as follows: April 1t, 1997 Mr. Thomas J. Campbell LiLCO 445 B roadhollow Road Melville, NY 11747 Re: Route 25 and Hobson Drive, Mattituck, NY Dear Mr. Campbell: "...I have reviewed the April 1997 investigation report for the referenced site. Based upon a review of the repor~, you have completed the investigation concerning petroleum conta~rdnation at :his time. This office has no further requirements regarding petroleum contamination for the referenced site at this time. Should additional environmental p robtems be discovered at this site, this office will require further action at that time. If you have any questions, please call me. Sincerely, Karen J. Gomez, P.E- Acting Re~ional Engineer, N.Y.S. Dept. of Environmental C onserva ~lon .... Page 3 - May 7, i9~?~%ZBA Meeting Special Exception fo~ILCO/STYPE Parcel .~1000-122-7-6.6 6) In a letter dated April 25, 1997, the N.Y.S. Department of Environmental Conservation suggested some actions be taken to reduce water infiltration through the subsurface material due to buried construction material on the southerly portion of this property. 7) it was decided by the enacunent of this Code in January 1989, and subsequent amendments thereto, that this type of public utility use is to be authorized after full review. 8) ail units and site access-egTess areas will remain accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet alt fire/building reguiations. 9) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. RESOLu, zION/ACTION. On motion bv Member Dinizio, seconded by Chairman Goehringer: it was RESOLVED, ro GRANT this Suecial Exception with the ~OLLOWING CONDITIONS: 1. Compliance by applicant with the- contents of the letter dated January 20, I997 to the Mattituck Fire Department; 2. Compliance by applicant with the contents of the letter dated April 25, 1997 from the N.Y.S. Department of Environmental Conservation, and applicable codes and regulations. VOTE OF THE BOARD: Ostermann adopted. AYES: Members Dinizio, Doyen, Tortora, and Goehringer. This_/~e~t~ ution ~anim~Di.~sly olution Adopted 3/7/97 ~ Actions. 97/1227-6.6 APPE,~LS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TO~¥~ OF SOU~OLD Southold Town Hall 53095 Main Road RO. Box [ 179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELiBE.R-ATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, i997 Appl. No- 4430 - LtLCO (STYPE, Owner) PARCEL ID: t300-122-7-6.8 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. I4, 1996; Dec. 12, 1996; and March 13, 1997; April I0, 1997; April 24, 1997; May 7, 1997. PROPERTY FACTS/DESCRIPTION: This property is located in a B-General Business Zone District siruaIe on the southerly side of the Main Road (State Route 25). tt contains a rot_al tot area of 39.798 sq. ft. and is vacant, unimprcved · ' d land ail as more ;~rt. icularly shown on map suotm~te for consider- ion and made a pae~ of %he file '~ date of November 6 i996. REI,IEF REQUESTED BY APPLICANT: To erec~ fencing surrounding proposed new construction (public utility compressor station), all subjec~ ~o the sim plan reg~dations of the zoning code (via PB). BASIS OF APPLICATION (AREA VARIANCE): Article XX!II, Section t00-231-A which reads as follows: "Fences, walls and berms may be erected and maintained, subjec~ to the following heigh~ limitations: A. When located in the front yard ... of nonresidential zones, lhe same shall not exceed six (6) feet in height. B. When totaled in and along side and rear yards, the same shall no~ exceed ~-I/~ feet in height. REASONS FOR ACTION, DESCRIBED BELOW: (1) The g-ranting of ~he area variance will not produce an undesirable change in characmr of neighborhood or a detrimen~ to nearby properties because as sated by the applicant, the fence will provide securky ~o protect the area from unauthorized entry and vandalism; (2) the benefit sought by the applicant cannot be achieved by some method, feasible for applicant ..-.o pursue, other than an area variance because an 8 ft. fence (from bot,:om) will provide minimum security for ~his unmanned operation; · ~;- is no~ substantial ar this heigh~ (3) the re&uested area va.~ance which amounts .;o eight ree~ mml from base or lower ground instead of the maximum permkted of six feet in a front yard location of a non-residential lot, or 8-1/2 ft. in side and rear yard Re: LILCO TVe..~ance) Town B~rd of location; the board finds that the benefit to the community in increased security is an overriding factor in granting this variance. (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 fence ~ be sufficiently setback from' the property line;. (5) the situation has not been self-created because building a fence ~o code would provide less security to the property and to the surrounding area. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, To GRANT the fence height relief SUBJECT TO TI-IE FOI,LOWING CONDITION: That all lighting be shielded' to property. VOTE OF THE BOARD: AYES: Members Dinizio, Doyen, Tortora, Ostermann and Goehringer. T~olution/~va~ u~na.n,i.'mo.usly / GERARD P. GOEHRINGER, CHAff~ t~esotution Adopted 5/7/97 Actions. ZB / 1227-6.6/p4 (Cont/uued from above) (6) Tb~.~ action is the m~r~irm~m ~bat the Board deems necessary and adequate and at the same t/me preserves and protects the ebawacter of the neighborhood, and the health, safety, welfare ' of the comml~uJty. ' ~ ')CPI~EALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. R g ![x Lydia A. Torrora Maureen C. Ostermaun BOARD OF APPEALS TOW~'N OF SOb~HOLD Sou{hold Town Hall 53095 Main Road P.O. Box 1179 Sou{hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4410 - GARY SACKS and A. SC1TLESINGER PARCEL 1000-145-4-7 STREET & LOCALITY: 125 Mesrobian Drive, Laurel, NY DATES OF PUBLIC HEARINGS: October 17, 1996; December 12, 1996; (February 6, 1997); April 10, 1997; April 24, 1997. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the easterly side of Mesrobian Drive (private road) with 68.47 ft.~ road frontage, and 91.26 ft. frontage along Great Peconic Bay. This lot contains a total area of 14,261 sq. ft. and is improved with the following: one-story stucco house (single-family) with attached porch and fence near property ~Jdaes, as depicted on the June 26, 1990 survey map. BASIS OF APPF~ML: Building Inspector's Action of Disapproval dated July 16, 1996, which reads as follows: "...under Article XXIII, Section 100-239.4B, proposed deck addition to dwelling will have less than the required 75 ft. setback from tke bulkhead - 40 ft. indicated. Action required by the Zoning Board of Appeals .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new 35 ft. wide by 15 ft. deep deck addition at the rear of existing dwelling more particularly shown on sketches prepared and submitted for applicant under this application, with proposed setbacks at: (a) 55 feet to bulkhead from deck at its closest point, and (b) 45 ft. to biJlkhead from the bottom of steps at its closest point. REASONS FOR ALTERNATIVE AND BOARD ACTION~ DF, SCRIBED 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 adjacent parcels are all undersized. (2) The benefit sought by the applicant cam2ot be achieved by some method, feasible for applicant to pursue, other than an area variance because the placement of the dwelling as established creates the proposed deck location to :extend toward the bulkhead (northeast side of the property). (3) The requested area variance is substantial because of the substandard size of this parcel._ Page 2 - Appl. No. ~ (Sacks) Decision Rendered May 7, 1997 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 deck is landward of bulkhead and there will not be a need to regrade any portion of this lot by the installation of an open deck addition to dwelling. (5) The situation has been self-created because of the size of the lot and the extensive angle of the dwelling on the parcel. (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 DENY the relief as applied, AND BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF FOR A 12-FOOT DECK EXTENSION SUBJECT TO THE FOLLOWING CONDITIONS: Deck shall be without a roof, and without a lattice top. 2. Deck shall remain open (fully) to the sky. 3. Deck addition shall not exceed 12 ft. past the dwelling, which will leave a setback at approximately 52 ft. from the bulkhead at its closest point and at approximately 70 ft. at the opposite corner of the deck to the bulkhead. 4. Deck lighting sbal! be shielded to the deck area only without glare or disturbance to neighboring or nearby properties. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, OSTERMANN. NAY: MEMBER TORTORA, AS TO ALTERNATIVE RELIEF, for the reason that af~open, ground level patio could be an alternative. Thi~q resolution was duly ADOPTED, 4-1. ~ ~ /' Resolution AdoPted May 7, 199'7 Actions. 97/145-4.7 Page 6 - Minutes ~. J Southold Town Board of Appeals Regular Meeting of May 7, 1997 Before adjourning, the Chairman indicated that there will be also be two Regular Meetings in June, the first being June 5th commencing at 6:45 p.m.; the second to be June 19th, at which time hearings will be advertised commencing at 6:45 p.m. The meeting was adjourned at 9:45 p.m. Respectfully submitted, ~Resolu6on 6 / 3"7~ 7 ~ /~ ./Gerard P. Goehringer, Chairman i~,~.iltVED AND FILED BY SOUT: O ,D CLEaK Town Clerk, Town o~ Southol~