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HomeMy WebLinkAboutZBA-05/03/2001A~EALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, MAY 3, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, on Thursday, May 3, 2001 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (until 8:15 p.m. as agreed) Linda Kowalski, Board Secretary Absent was: Lora S. Collins, Member (out of state). 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. STATE ENVIRONMENTAL QUALITY REVIEWS\DECLARATIONS: Motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to declare the following declarations under SEQRA: A. Determinations of Unlisted Action Categories with Neqative Declaration (No Adverse Effect on the Environment): Appl. No. 4950 - G. Kougentakis. Lot coverage variance for tennis court. Appl. No. 4943 - Nancy Stroker. Fence height variance for tennis court. B. Type II Categories under SEQRA Statewide List: (All lot size and Setback. projects.) Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. 4939 - J. Wockenfuss. Bluff and front yard setbacks for new dwelling. 4947 - D. and M. Kohs. Side yard for addition. 4951 - W. Wilke. Deck addition - bulkhead setback. 4949 - W. Young. Setback variance for addition. 4941 - E. Gallagher. Front yard setback. 4950 - G. Kougentakis. Yard location variance for tennis court. 4870 - Dr. V. Benjamin. Setback variance for deck addition. Page 2 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals Appl. No. 4948- George L. Penny, Inc. Setback variances. Appl. No. 4940 - F. Cichanowicz. Pool location variance. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Horning. (Member Collins was absent.) This Resolution was duly adopted (4-0). RESOLUTION Re: Appl. of MR. AND MRS. H. CASHY. Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to confirm an extension of the time for the written portion of record for reply by opposition to May 9, 2001. (Oral testimony was concluded April 19, 2001). VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Horning. (Member Collins was absent.) This Resolution was duly adopted (4-0). II. PUBLIC HEARINGS: Please see the written Transcripts of statements made during each of the following hearings, prepared separately: 6:35- 7:05 p.m. Appl. No. 4939- JANET WOCKENFUSS. This is a request fora Variance under Article XXIV, Section 100-244B for permission to locate dwelling with a front yard setback at less than forty (40) feet, and under Article III, Section 100-239.4A.1 to locate dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 2386 Hyatt Road, Southold; Parcel 1000-54-1-4. Patricia Moore, Esq. appeared with the applicant. Please see written Transcript of Hearing prepared separately for actual conversations during the hearing. During the hearing, additional information was requested of the applicant to commence application to the Health Department for information regarding a cesspool location at least 65 feet from the top of the bluff to meet the County requirements, and pending receipt of information with regard to the bluff stability, erosion and other concerns. Mrs. Moore agreed to submit this additional information relative to the 100- ft. buffer. Opposing the application were Walter Miller, Jr. and Walter Miller, Sr. with concerns about the location of the applicant's right-of-way. A motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing until Thursday, June 7, 2001 for a continuation and for this submission of additional information relative to the 100 ft. setback buffer area. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Horning. (Member Collins was absent.) This Resolution was duly adopted (4-0). 7:05 p.m. Appl. No. 4947 - DANIEL and MARY ALICE KOHS. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's March 5, 2001 Notice of Disapproval. Applicant is proposing an addition, by connecting the Page 3 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals accessory building to the main building. The existing accessory building setback is less than the code requirement of 10 feet when connected to the principal building as a dwelling addition, at 900 Minnehaha Boulevard, Southold; 1000-87-2-6. Mr. and Mrs. Kohs were both present, and Mr. Kohs offered information in support of their application. Appearing in support were neighbors Hans Lang and Art Rios. After receiving testimony and information, the hearing ended, and the Board rendered its decision with findings at this time. Please see copy of Official Findings and Determination filed with the Town Clerk's Office (attached at the end of the minutes). PUBLIC HEARINGS, continued: The Next Hearing was canceled by Mr. Cuddy, the applicant's attorney and recalendared for June 7, 2001, for additional notice under Town Code Ch. 58. Appl. No. 4952 - KATHRYN CAMPBELL. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's January 25, 2001 Notice of Disapproval. Applicant proposes a porch addition at less than thirty-five (35) feet from the edge of the front property line at 570 Hippodrome Drive, Southold; Lot #9 on the Map of Beixedon Estates; 66-2-12. 7:15- 7:30 p.m. Appl. No. 4951 -WILLIAM WILKE. This is a request for a Variance under Article XXIII, Section 100-239.4B, based on the Building Department's March 5, 2001 Notice of Disapproval. Applicant is proposing a deck addition which is less than seventy-five (75) feet from the bulkhead at its closest point. Location of Property: 3380 Oaklawn Avenue, Southold; Parcel 1000-70-5-49.4. Mr. Wilke appeared. After receiving testimony and information, the motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This Resolution was duly adopted (4-0). Following the close of the hearing, the Board rendered a decision with condition. Please see copy of Official Findings and Determination filed with the Town Clerk's Office (attached at the end of the minutes). 7:30 - 7:33 p.m. Appl. No. 4949 - WILLIAM YOUNG. This is a request for a Variance under Article III, Section 100-33, based on the Building Department's March 21, 2001 Notice of Disapproval. Applicant is proposing an addition to an existing dwelling which will be less than 15 feet from the side lot line. Location of Property: 550 Saltaire Way, Mattituck; Parcel 1000-100-1-36. Mr. Young offered information in behalf of his application. After receiving testimony and information, the hearing ended, and the Board rendered its decision with findings at this time. Please see copy of Official Findings and Determination filed with the Town Clerk's Office (attached at the end of the minutes). 7:22 - 7:33 p.m. Appl. No. 4941 - EILEEN GALLAGHER. This is a request for Variances under Article XXIV, Section 100-244B, based on the Building Department's December 19, Page 4 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 2000 Notice of Disapproval. Applicant is proposing an addition which reduces the front yard setback facing Minnehaha Boulevard and Wabun Street to less than the 35 ft. minimum code requirement (or the average of established setbacks within 300 feet on the same side of the street). Location: 1575 Minnehaha Boulevard at intersection with Wabun Street, Southold; Parcel 1000-87-3-51; Lot 61 and part of Lot 60, Filed Map of Laughing Waters. Ms. Gallagher offered information in behalf of her application. Also speaking was Mr. Gifford, Direction of the Laughing Waters Association, indicating that they have no objection to this project. The hearing ended, and a decision with unanimous vote followed. Please see copy of Official Findings and Determination filed with the Town Clerk's Office (attached at the end of the minutes). 7:33 - 7:48 p.m. Appl. No. 4950 - GEORGE KOUGENTAKIS. This is a request for a Variance under Article III, Section 100-33, based on the Building Department's March 21, 2001 Notice of Disapproval. Applicant is proposing a tennis court at less than 10 feet from a lot line, in a side yard area, and with lot coverage exceeding the 20% code limitation. Also requested is a fence enclosure for the tennis court at a height above 6-1/2 feet. Location of Property: 1725 Willow Drive, East Marion; 1000-22-5-7. James Fitzgerald (Proper-T Services), applicant's representative, offered information in support of the application. Opposing the application was Mr. and Mrs. Heinser (owner of Lot 8). After discussing alternatives for 23% lot coverage, the Board requested information to show drainage plans. Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing for a continuation to the next meeting (June 7th), pending receipt of the drainage plan. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Horning. (Absent was: Member Collins.) This Resolution was duly adopted (4-O). 7:48 - 7:53 p.m. A break was taken. 7:53 p.m. The Board reconvened and the meeting continued. 7:53- 8:07 p.m. REHEARING of prior denial underAppl. No. 4786: Appl. No. 4870 - Dr. VALLO BENJAMIN. This is a rehearing, for a Variance under Article III, Section 100-33 based on the Building Department's August 25, 2000 Notice of Disapproval, and ZBA Denial No. 4786 to locate a proposed deck addition with a side yard at less than 20 feet. 29315 Main Road, Orient; 1000-13-2-4. Patricia C. Moore, Esq. offered information supporting the applicant's request. There was no testimony offered against the application during the hearing. Following receipt of information, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). Page 5 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:07 p.m. - 8:30 p.m. Appl. No. 4948- GEORGE L. PENNY, INC. Request for a variance under Article XXIV, Section 100-243A, based on the Building Department's March 20, 20001 Notice of Disapproval. Applicant is proposing a new commercial storage building which will be less than twenty (20) feet from the side property line, and a new storage building at less than 100 feet from the front property line. Section 100-243 provides that an action not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Zone District: Light Industrial (LI). Location: Kerwin Boulevard, Greenport; 1000-53-2-25.1, 27.1, 21, 22 (combined area). Mr. Penny offered information in support of his application. With questions and/or opposition to the application were neighbors, Paul Wood, Peconic Bay Estates Association, Carol Giovanelli. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing pending information requested from the application with regard to difficulties and area variance standards which would apply. This Resolution was duly adopted (3-0). (Member Horning left at approximately 8:15 p.m., and Member Collins was absent.) 8:15 p.m. Member Horning left to return to Connecticut. 8:30 p.m. Appl. No. 4943 - NANCY STROKER. This is a request for a Variance under Article XXIII, Section 100-231B, based on the Building Department's March 13, 2001 Notice of Disapproval. Applicant is proposing a fence enclosure to tennis court at a height greater than 6-1/2 feet. Location of Property: 50 Harborview Avenue, Mattituck; 1000-100-1-43. Mr. Harrison offered information in behalf of the application. After receiving testimony, the Board deliberated and rendered a decision with condition. Please see copy of Official Findings and Determination filed with the Town Clerk's Office (attached at the end of the minutes). 8:35 p.m. Appl. No. 4940 - FRANK CICHANOWICZ. This is a request for a Variance under Article III, Section 100-33, based on the Building Department's December 26, 2000 Notice of Disapproval. Applicant is proposing a swimming pool located partly in a side yard, at 155 Halls Creek Drive, Mattituck; Parcel 1000-116-7-1; Lot 32 on the Map of Harbor View at Mattituck, filed August 21, 1987. James Fitzgerald, Proper-T Services appeared in behalf of the applicant. The Chairman indicated that he met with Frank Cichanowicz yesterday at the site, discussing areas pertaining to drainage. At the hearing, a revised landscape plan dated May 2, 2001 was submitted for the record. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. This Resolution was duly adopted (3-0). (Members Horning and Collins were absent.) End of Hearings. Page 6 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals The next hearing regarding Appl. No. 4945, Request by RICHARD GOODALE for a Lot Waiver to unmerge lots was noted by Board Members as "barred by the doctrine of res judicata" in that the Board previously determined that Lots 13 and 14 are merged as one lot (the hearing was not held). Board Members indicated that after careful review of the application to unmerge Lot referred to as "13" from the adjoining lot area referred to as "14", the issue of merger of these two lots at this property in its decision #4888 rendered December 19, 2000 (which was never appealed). The Board adopted the following Resolution: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to return the application and $150 filing fee regarding this application to Mr. Goodale. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora. (Members Collins and Horning were absent). This Resolution was duly adopted (3-0). III. ADDITIONAL DELIBERATIONS/DECISIONS: Approved with Condition(s): Appl. No. 4940 - FRANK CICHANOWICZ Appl. No. 4870 (Rehearing of 4786) - DR. VALLO BENJAMIN. Approved As Applied: Appl. No. 4949- WILLIAM YOUNG. (Assigned Board Members confirmed that they are preparing a draft for consideration regarding Appl. #4909 - McNamara/Mueller. Deliberations continued, and a Decision would be carried over to the next meeting.) IV. RESOLUTIONS/UPDATES/REVIEWS: A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to modify the date of the next Regular Meeting to June 7, 2001 instead of May 31, 2001, and calendaring a Meeting for May 17, 2001. The June 14, 2001 Meeting was canceled as agreed. (Please note the May 31, 2001 Meeting was also canceled.) Page 7 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals B. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, authorizing advertisement of the following applications for the June 7, 2001 Regular Meeting: 6:30 p.m. Appl. No. 4956 - ROBERT AND KATHLEEN LAWRENCE. This is a request under Article II, Section 100-26 for a Lot Waiver to unmerge two parcels which have been deemed merged as a single 40,500+- sq. ft. lot due to common ownership as confirmed by the Building Inspector's March 13, 2001 Notice of Disapproval under Article II, Section 100-25A. Location: 465 and 605 Eastwood Drive, Cutchogue; Parcel No. 110-3-20 and 21. 6:35 p.m. Appl. No. 4957 - DONALD McNEILL. This is a request for a Variance under Article IliA, Section 100-30A.3, Bulk Schedule of the Zoning Code, based on the Building Inspector's April 30, 2001 Notice of Disapproval concerning a proposed lot line change. Applicant proposes to reduce the road frontage of one lot from 122 feet to 102+- feet and lot area from 19,534+- sq. ft. to 14,512 sq. ft., and increase the road frontage and lot size for the remaining lot. Both lots are improved. Location: 1380 Village Lane, Orient; Parcel No. 25-1-27.1. 6:40 p.m. Appl. No. 4954- GENE WALKER. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's April 4, 2001 Notice of Disapproval which states that the proposed deck addition will be less than 35 feet from the rear property line and will exceed the maximum-permitted lot coverage of 20%. Location: 2530 Gillette Drive, East Marion; Parcel 38-2-26. The lot size is approximately 10,500 sq. ft. 6:45 p.m. Appl. No. 4959- DENNIS and DESIREE O'CLAIR. This is a request for a Variance, based on the Building Inspector's April 30, 2001 Notice of Disapproval regarding applicant's new dwelling construction, and a request to amend Building Permit #26098 issued October 28, 1999 for a two-stow one-family dwelling, full cellar, 2nd floor mezzanine, screened porch with trellis, attached three-car garage as applied for. The Notice of Disapproval states that under Article III, Section 100-32, Bulk Schedule, the height of one-family dwellings are restricted to 2-1/2 stories and proposed construction shows 3rd story habitable space. Location: 1492 Skunk Lane, Cutchogue; Parcel 1000-97-3-11.8. 6:50 p.m. Appl. No. 4866 - NORMA MILLER. Applicant-Owner is requesting a Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for approval of an Accessory Use as a Bed and Breakfast for transient use of two bedrooms for lodging and serving of breakfast Page 8 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals RESOLUTION to calendar, continued: to not more than four (4) casual, transient roomers, in conjunction with owner- applicant's residence. Location: 12920 Main Road, East Marion; Parcel 31-14-14. 7:05 p.m. Appl. No. 4962 - ROGER J. and LESLIE WALZ. This is a request for a Variance under Article XXIV, Section 100-242A, based on the Building Inspector's May 2, 2001 Notice of Disapproval regarding application's proposed second stow addition to existing dwelling. The Notice of Disapproval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 9.9 feet from the west side line, and as a result, the addition of the second-stow represents an increase in the degree of nonconformity. Location: 2505 Old Orchard Road, East Marion; Parcel 37-6-5. 7:10 p.m. Appl. No. 4953- HENRY L. FERGUSON MUSEUM, INC. This is a request for Variances, based on the Building Inspector's April 11, 2001 Notice of Disapproval which states that a permit for an addition to the existing museum building is denied for the following reasons: (a) Article III, Section 100-32 requires a minimum front yard setback of 60 feet; and (b) Article XXIV, Section 100-243A.1.a for the reason that the proposed addition will increase the size of this nonconforming nonresidential building, resulting in an increase in the overall building footprint of more than 15 percent. Location: Equestrian Avenue, Fishers Island; Parcel 9-4-11.1. 7:15 p.m. Appl. No. 4955 - ANTHONY and CAROL MITAROTONDO. This is a request for a Variance, based on the Building Inspector's March 23, 2001 Notice of Disapproval. Applicant is requesting a side yard location of an accessory structure instead of the required rear yard. Location: 950 Little Peconic Bay Road, Cutchogue; Parcel 111-14-15. 7:20 p.m. Appl. No. 4844 (Amended) - DONALD BUSKARD. (Continuation) Request for Variances based on the Building Department's April 12, 2001 Notice of Disapproval: (1) proposed construction will exceed the code limitation of 20% lot coverage, Article XXIV, Section 100-244B; (2) the swimming pool is proposed partly in a side yard instead of entirely in the rear yard, Article III, Section 100-33, (3) proposed addition is requested in this amendment at less than 35 ft. from the rear line, under Article XXIV, Section 100-244B. Location: 2705 Gillette Drive, East Marion; 38-3-18. 7:40 p.m. Appl. No. 4906 - V. and R. LYNCH. This is a request for Variances under Article III, Section 100-33 and Article XXIV, Section 100-244B, based on the Building Page 9 - Minutes Meeting held May 3, 2001 Southold Town Board of Appeals RESOLUTION to calendar, continued: Department's May 10, 2000 for a swimming pool in a side yard location and February 12, 2001 Amended Notice of Disapproval for a deck addition and step area at less than 20 feet from the side property line. Location: Crescent Avenue and Avenue B, Fishers Island; 6-2-9 and 6-1-15, combined as one lot. 8:10 p.m. Appl. No. 4960 - MICHAEL REDDINGTON. This is a request for a Variance, based on the Building Inspector's March 26, 2001 Notice of Disapproval under Article III, Section 100-33, for permission to locate a tennis court structure in a front yard area at 5700 Nassau Point Road (and Wunneweta Road), Cutchogue; Parcel 111-12-2.1. 8:15 p.m. Appl. No. 4961 - ROBERT AND PATRICIA WINCHESTER. This is a request for a Variance, based on the Building Inspector's May 14, 2001 Notice of Disapproval under Article XXIV, Section 100-242A, which states that the existing structure has a nonconforming setback from the front lot line on East Club Road, and second stow addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of nonconformance. Applicant proposes to add a second-stow addition at less than 50 feet from the front property line. Location: 6675 Nassau Point Road, Cutchogue; Parcel 111-15-7. 8:30 p.m. Appl. No. 4921 - DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request variances under Article XXIII, Section 100-239.4A. 1, based on the Building Department's December 20, 2000 Notice of Disapproval, for a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet for combined side yard setbacks, and less than 40 feet from the front property line. Location: 3400 Lighthouse Road, Southold; 50-2-2. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora. (Absent were: Members Collins and Horning.) This Resolution was duly adopted (3-0). V. EXECUTIVE SESSION (none held). Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, ., 10 - Minutes Sing held May 3, 2001 5outhold Town Board of Appeals RECEIVED AND FILE> ~.~ f Town Cl. ]".-:. Tewn c ; the Chairman declared the Meeting adjourned. The Meeting was adjourned at 9:15 Respectfully submitted, .,x L'naa Kowalski .AttaChments: _Case ~eci~i~ns (~) ~ ..-~eard2Secretary . --Approved for ~ling - Gerard p. G~hringer, Ohairman Resolution Adopted 8116101 AP~ PE~Ls BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 3, 2001 Appl. No. 4786 - DR. VALLO BENJAMIN 1000-13-2-4 STREET & LOCALITY: 29315 Main Road, Odent DATE OF PUBLIC HEARING: May 3, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a private right-of-way which extends off the north side of State Route 25 (Main Road) in Odent. The lot is 3.036 acres and is improved with a single-family dwelling as shown on the survey updated October 16, 1999 prepared by Joseph A. Ingegno, L.S. The dwelling is situated 43.5 feet from the top of the bluff 43 feet from the west (side) property line, 118.5 feet from the east side line, and at least 300 feet from the front property line (driveway entrance area). BASIS OF APPLICATION: Rehearing Request and Resolution Adopted by the Zoning Board of Appeals of November 16, 2000 and April 17, 2001, related to pdor Appeal No. 4786 and the Building Inspector's February 2, 2000 Notice of Disapproval which states that under Section 100-32 of the Zoning Code, a minimum side yard setback is required at 20 feet for the "as built" pool and deck construction. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance for a small portion of an as- built deck construction around the as-built swimm~ngpool. The southwest comer shows a setback of 16 feet between the deck and the westerly side property line. All remaining portions of the deck meet the minimum 20 ft., setback required by code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neIghborhood or a detriment to nearby properties because the applicant currently owns the adjacent property and has agreed to grant an easement to give the appearance of the conformity with the setbacks. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area vadance because the pool and deck already exist. 3. The requested area variance is not substantial, representing a 4x15+-ft. area at one corner section of the deck. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the contiguous property to the west. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was Page 2 - May 3, 2001/,~ ZBA Appl. No. 4786~- V. Benjamin 1000-13-2-4 at Orient RESOLVED, to APPROVE the vanance as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: Applicant shall provide a wdtten easement, in legal form, recorded in the Office of the Town Clerk, over this lot, which easement will state provisions for planting of evergreens or similar trees staggered on the west side of the pool as a continuous landscaped buffer of staggered trees, with a copy of this easement furnished to the ZBA for filing and permanent recordkeeping; and - Applicant and future owners shall continuously maintain the landscaped buffer of evergreen or similar tree plantings on the west side of the pool/deck area. ~eOsTolEutiOoFnTwHaEs dBulOyAaRdD(~ptAe~ (E4S_..0).Mom be,~ehdn~ ~Di~s ./ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4940 - FRANK CICHANOWICZ STREET & LOCATION: 50 Harborview Avenue, Mattituck DATE OF PUBLIC HEARING: May 3, 2001 1000-116-7-1 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 49,540 sq. ft. in area with 187.51 ft along the east side of Hall's Creek Drive and 277+- ft. along the south side of New Suffolk Avenue in Mattituck. The property is improved with a two-story frame house located as shown on the foundation survey prepared by John C. Ehlers, ES. dated August 3, 2000. BASIS OF APPLICATION: Building Inspector's December 26. 2000 Notice of Disapproval under Article III, Section 100-33, for the location of the proposed swimming pool partly in a side yard area rather than the rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a location of a proposed pool:, 35' x 13' in size in a side yard location. The pool was originally requested in a side yard location, shown on the December 16, 2000 landscape diagram with a setback of 18'6' from the southerly side property line (and above the 10' elevation above mean sea level). On May 2, 2001, the landscape diagram was revised to show the pool and fence at a minimum of 75+- feet from the edge of wetlands and with two proposed dry wells to retain water runoff. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant's p0roperty is a corner lot which borders on a wetland area. The rear yard is greatly diminished by an established NYS DEC building envelope, which limits the area for a pool to the side yard. There was no testimony or information received, or visual observation at times of inspection, to indicate that placement of the pool'in a side yard as shown on the May 2, 2001 revised plan would have an adverse detriment or impact to nearby properties. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance. There is no alternative yard area available. 3. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that grant of the side yard location for a swimming pool will have an adverse effect or impact on the on environmental or physical conditions. Page 2 - May 3, 2001 ZBA Appl. No. 4940 - Frank Cichanowicz Parcel 1000-116-7-1 at Mattituck 4. Based on the information furnished in the new revised plan of May 2, 2001, the drainage from the upland areas will be contained, on site, by the use of dry wells. In considering this application, the Board deems this action to be the m~nimum necessary and adequate for the applicants to enjoy the benefit of a swimming pool structure in a side yard location, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION: On motion by Chairman Goehdnger, seconded by Member Tortora, it was RESOLVED to GRANT the vadance as shown on the plan revised May 2, 2001, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Outdoor lighting shall be shielded to the ground to prevent glare into neighboring areas. 2. This decision is subject to receiving any and all permits from New York State and the Town of Southold. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora. (Member Homing was absent during the adoption of 'this Reso?_LuJJoJ3.~ Memb~r~C~JJ~s was absent.) This Resolution was duly adopted (3-0). ~./~~~j APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEA1,S TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 3. 2001 Appl. No. 4941 - EILEEN GALLAGHER. STREET & LOCATION: 1575 Minnehaha Boulvard, Southold DATE OF PUBLIC HEARING: May 3, 2001 1000-87-3-5.1. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 15,000+- sq. ft. in area with 100+- feet along the east side.of Minnehaha Boulevard and 150 feet along the north side of Wabun Street in Southold. Applicant has submitted a copy of a survey prepared December 1, 1992 by Rodedck VanTuyl, P.C. showing the existing single-family dwelling, situated approximately 33 feet from the closest corner at Minnehaha Boulevard, the westedy front property line, and 26.5 feet from the foundation to the southerly property line (faci[~g Wabun Street). BASIS OF APPLICATION: Building Inspector's December 18, 2000 Notice of Disapproval under Article XXIV, Section 100-244B, which states that the proposed addition is not permitted at less than thirty (35) feet from the front property line. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting front yard additions to her existing dwelling as follows: (a) facing Minnheha Boulevard is proposed at approximately 22.5 feet at its closest corner, and (b) facing Wabun Street (a paper street) is proposed at approximately 17.5 feet. The dimensions furnished by applicant are 31' ft. in length, and approximately 33 feet in length, respectively. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of an area vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the area of Laughing Waters is an older preexisting subdivision with smaller lots. Applicant's property lies on a comer lot. The dwelling faces the private road while the other side of the house (garage side) faces Minnehaha Boulevard. There was no evidence indicated at the hearing or upon Board Member inspections that grant of variance would change the character of the neighborhood or be a detriment to nearby properties. 2 The benefit sought by the applicant cannot be achieved by some method, feasi-ble for applicant to pursue, other than an area variance because premises has had nonconforming front yards for many years. A reduction to 22.5+- feet facing the public street and 17.5+- feet facing the pdvate road is the only feasible way that the applicant can construct a larger garage and small addition on the actual front of the dwelling. 3. The requested area vadance ~s not substantial, representing a reduction in the side yard of 11+- feet based on the significant reduced front yard.setbacks in this subdivision (area of Laughing Waters). Page 2 - May 3, 2001 ZBA Appl: No. 4941 -E. Gallagher Parcel 1000-87-3-5 at Southold 4. There is no evidence that the grant of the vadance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The premises is well located in a subdivision and contains a lot of 105 x 150 feet. This lot area is compatible if not larger than most lots in this particular block of the applicant's dwelling. 5. The alleged difficulty 'is self-created'by the nature of the age of the house and its proximity -to nonconforming property lines. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy thebenefit of an addition to the'existing dwelling, and that the grant of this variance "will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to APPROVE the variances as applied for. VOTEOFTHEBOARD: AYES: MembersGoe~ha~a~~,a~dHorning. ~GERARD_ ~ GOE~RINGm CHAI~N . AP, PEALS- BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, 'DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4947 - DANIEL and MARY ALICE KOHS. STREET & LOCATION: 900 Minnehaha Boulevard, Southold; Parcel 1000~87-2-6. DATE OF PUBLIC HEARING: May 3, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property consists of 12,739 sq. ft. in area with 115.15 ft. frontage along the west side of Minnehaha Boulevard in SouthOld. The property is improved with a one- story frame dwelling, accessory garage building, and accessory shed BASIS OF APPLICATION: Building Inspector's March. 5, 2001 Notice of Disapproval for the reason that under Article XXIV, Section 100-244B, a principal building must be at least ten (10) feet from the side property line, and the addition connecting the accessory building to the principal building does not meet this requirement. AREA VARIANCE RELIEF REQUESTED: Applicants are proposing an addition to the dwelling to connect an existing accessory building to the principal building (rather than two separate buildings, a principal building and an accessory building). The side yard setback required for a pn.nclpail"building is a minimum of ten (10) feet from the s de property I ne, and' the existing accessoo:buitdihgi§"7""'3 +~ from the side property line at its closest point. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, ~e Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the garage structure exists. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area vadance because the garage structure would have to be moved from its existing legal location which would be costly. 3. The requested area variance is not substantial, representing a reduction in the side yard of only 2.8+- feet. 4. There is no evidence that the grant of the vadance will have an adverse effect or im pact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has been self-created, in part, and relates to the applicant's desire to enjoy their residence with an addition, and is in part due to the physical constraints of the lot. 2- 3, 2001 ZBA Appl, No. 4947--D, Kohs Parcel 1000-87-2-6 at Southold In considering this application; the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition to the principal building, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the vadance as applied for, SUBJECT TO THE FOLLOWING CONDITION: That the principal building be a single-family dwelling only and not revert back to "an accessory structure." VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Homing. (Member Collins was absent.) This Resolution was duly adopted (4-0) RECEIVED AND FILED THE SO'UTI~OLD TO%V~'~ Cf' Town APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Appl. No. 4943 - NANCY STROKER. STREET & LOCATION: 50 Harborview Avenue, Mattituck DATE OF PUBLIC HEARING: May 3, 2001 1000-100-1-43. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 80,000+- sq. ft. in area with 187.51 ft. along the north side of Harborview Avenue and 387.26 ft. along the west side of Reeve Avenue in Mattituck. The property is improved with a two-story frame house and garage as shown on the survey prepared by Kenneth F. Abruzzo dated April 14, 1994. BASIS OF APPLICATION: Building Inspector's Mamh 13, 2001 Notice of Disapproval under Article XXIII, Section 100-231B, which states that fences are not permitted greater than 6-1/2 feet in height when located in or along side and rear yards. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a fence enclosure at a height of eight (8) feet, when measured from natural grade (ground level) as an enclosure of a 60x120 ft. tennis court structure. The fence enclosure is proposed at a minimum of 20 feet from the side and rear property lines and under the Code requirements must be located in a rear yard. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the.}character of the neighborhood or a detriment to nearby properties. The property is a large, two.acre, ~90mer.lot with two front yards on Reeve Avenue and Harborview Avenue. The proposed tennis court wOuld be located in the conforming rear yard area, and set back a minimum distance of 20 feet from the adjoining property on the northwest, and 20 feet from the southwest adjoining property line. The variance to increase the fence height by 1-1/2 feet will not have an adverse impact to nearby properties. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because and 8 ft. high fence enclosure is considered the minimum height for standard tennis courts and the Code limit is 6-1/2 feet. 3. The requested area variance is not substantial and represents a 1-1/2 ft. increase in the Code's 6-1/2 ft. height limit for fences. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to Page 2 - May 3, 2001 ZBA Appl. No. 4943 - Nancy Stroker Parcel 1000-100-1-43 at Mattituck suggest that grant of the fence height vadance will have an adverse effect or impact on the on environmental or physical conditions. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a fence enclosure for a tennis court structure, and that the grant of this vadance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the vadance as applied for, SUBJECT TO THE CONDITION that lighting shall be shielded to the ground to prevent glare onto nearby properties. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora. (Member Homing was absent dudng the adoption of this Resolution. Member Collins was absent.) This Resolut on was du y adopted (3-0) AND FILED Ou~z.~ T~ CL~IK Tow= o~ / / . . / APPEA~LS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio. Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town HalI 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Appl. No. 4949 - WILLIAM YOUNG STREET & LOCATION: 550 Saltaire Way, Mattituck 1000-1~C~-1-36 DATE OF PUBLIC HEARING: May 3, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 20,000 sq. ft. in area with 100 feet along the east side of Saltaire Way, Lot No. 33, Saltaire Estates, Mattituck. The property is 200 ft. in depth, and is improved with a one-story frame house situated 66.7 feet from the front property line facing Saltaire Way. BASIS OF APPLICATION: Building Inspector's March 21, 2001 Notice of Disapproval under Article XXIV, Section 100-244B, based on a building permit application dated March 19. 2001, requesting an addition at less than 15 feet from the side property line. · $~-~'~'-: _q-4ar~51 AREA VARIANCE RELIEF REQUESTED: Applicant ~s requesting a proposed ~8~fUaddition at the north side of the dwelling, which extends 8.4+- feet into the northerly yard area, leaving a 10 ff. setback at its closest point to the side property line. The addition is partly for a deck and a den. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Applicant indicated the need for an addition to his dwelling for his growing family· The property has established side yards, and the northerly side yard is adjacent to a subdivision park area which is undeveloped, vacant land, with a tennis court. 2. Applicant's property consists of a 20,000 sq. ft. lot improved with a one-story frame dwelling. There is no evidence, submitted by adjacent property owners or found by Board Members at the time of inspection, to indicate any change ~n the character of the neighborhood or detriment to surrounding properties or adverse effect or impact on neighboring properties. 3. The grant of this vanance is not substantial based upon the fact that reducing the side yard to 10 ft. on the side yard facing the park will not impact any adjacent property owners. 4. The requested area vadance is not substantial. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition to the existing dwelling, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. Page 2 - May 3, 2001 ZBA Appl. No. 4949 - W. Young Parcel 1000-100-1-36 at Mattituck BOARD RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehdn~Dinizio_~.T. oJ~ora, and Horn ng. ~RARD P. GOEHRIN~GER C~,IR'~" IVI~I ~' ' ~''~ APPEALS BOAteD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Appl. No. 4951 - WILLIAM WILKE. STREET & LOCATION: 3380 Oaklawn Avenue, Southold DATE OF PUBLIC HEARING: May 3, 2001 1000-70-5-49.4. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 21,594 sq. ft. in area with 100 ft. frontage along the north side of a 15' private road extending off the west side of Oaklawn Avenue, Southold. This parcel has a frontage of 107.89 feet along Jockey Creek and is improved with a one-story frame house and accessory garage. The dwelling is shown with an existing, nonconforming setback of 59 feet from the stone wall at its closest point. BASIS OF APPLICATION: Building Inspector's March 5, 2001 Notice of Disapproval under Article XXIV, Section 100-244B, which states that the deck addition in building permit application dated January 10, 2001 is required to be set back not less than 75 feet from the bulkhead. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a deck addition with a setback of 49+- feet from the outside edge of the stone bulkhead as shown on the survey prepared November 29, 2000 by Peconic Surveyors, L.S. The dimensions are 10x16 ft. for the deck addition. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed 10 ft. by 18 ft. deck addition would be located on the waterfront, Jockey Creek, north side of the property landward of the 10 ft. elevation contour in an area that is not subject to environmental stress. The existing setback of the dwelling is nonconforming at 59 feet and the 10-ft. vadance relief requested would place the deck at a distance from the stone bulkhead similar to others in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area vadance because the proposed location of the deck addition is the most practical and is readily accessible from the dwelling. Although no variance would be required if the deck were located on the east side of the dwelling, that location is impractical because of the internal layout of the dwelling. 3. The area variance is not substantial and represents a 10 ft. increase in the existing nonconforming setback of the dwelling. Page~ - May~3, 2001 ZBA Appl. No. 4951 -W, Wilke Parcel 1000-70-5-49.4 at Southold 4. The proposed vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed deck addition will have an adverse imPact on physical or environmental conditions. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition to the existing dwelling, and that the grant of this vadance will preserve the character of the neighborhood, and the health, saJ=ety, welfare of the community. BOARD RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED. to APPROVE the variance, as applied for, provided the deck remain open (not enclosed). VOTE OF THE BOARD: AYES: MembersGoeh~rm~, D'~o.~c~a, ~andHoming. [Member C°llins was absent (°ut °f state)'].,~"bi~ Res°lu~v~S~~~J: . / ,.