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HomeMy WebLinkAboutZBA-06/08/1994ACTION OF THE BOARD OF APPEALS Appeal No. ~t243: Application of,. MOORE'S LANE HOLDING CORP. This is a request for a variar~e under Article V Section. 100-53B. Section 100-31C Itel. Section 100-,33). and Section 100-731. based upon the May 4. 1994 Notice of... Disapproval,,, from the Building Inspector for permission to locate accessory uses (tennis,court. swimming,pool and pool clubhouse) in-an area othe~ than the required rear yard. and with tennis-court,-fencing at, a height..of~, more than four feet when located in. a front yard area. Location of, Proper~y: 47-5 Cedarfields Drive. Greenp~rt. NY; County Tax Map Parcel No. 1000-40-5-1.~2. The subject premises .is--located, in the Hamlet-Density Zone-District. WHEREAS. a public-hearin~t, was held, on June 8. 199~. at, which time all. persons ..who desired to be heard, were heard, and WHEREAS. the Board has carefully considered, ali,~testimony and documentation, submitted concerning-this-application; and WHEREAS. Board Members have ,personaUy,.viewed and are familiar with the premises in question., its present zoning, and the surround:, ing areas; and WHEREAS. the Board made the following findings of fact: 1. The premises in. question is a corner lot with frontage along the southerly-side of County .Road ~8. Creenpert. at Cedarfields. and is located in the Hamlet Bensity (HD] Zone Dis_t~ict with a total acreage of~. 22.235 acres.. The site plan map dated March 31. 199~ submitted for consideration by the Board of., Appeals in this-appli- cation was recently=approved by .the Town Plannir~j Board {subject to obtaining a variance for the location of~. the pool. tennis-court, and accessory (clubhouse) building}. In fact. a Declarati:on of Covenants and Restrictions has been filed, in the Suffolk County Clerk's Office recorded at--Liber 11667 pages ~95-500 affecting the subject premis.es. 2. Proposed by,'this variance application is an accessory tennis court structure, not exceedin9 60, x 120 ft. in size. an- accessory 38 ft. by 32 ft. storage building (referred to' by,applicant as a ~,club hse. ). and an accessory inground, swimmingpool. 50 ft. by 25 .ft. or less in, size. plus patio.areas. The distance is ~shown on the March 31. 199~ site plan map to be- 50, feet. o~ more from the Caleb~s Way access at,-. its, ~cl:osest point from' any .,street, line, Page - Appl. No. ~243 Application of~,, MOORES--LANO~ HOLDING- CORP; Decision Rendered June~8. 199q that: Article, Iii. Section. 100-33A, of~ the Zoning. Code provides ...accessory.'buildings and:structures or othera~cessory usesshatl belocated in the required, rear yard .... ~. it is-the opinion of~,~ the Board Members' that the are. chosen is reasonable, under the circumstances, particularly due to,.~the' layout of~ the dwetlinej units with centralized buffer areas., surrounded by Caleb~s Way. This.- general layout has been approved and recommended by the Planning Board. There,'are no ava)iable~ "rear yard" buiiding areas.,~ and ali. yard are~ ar.e front or, side yards when using-the Southeid-. Town Code definitions~and: the plan before the Board. The location oil these accessory structures an~,'~ accessory building will,-~ not alter or adverse)y, affect the character of~, the surrounding, areas or~ other residentiaL, zone districts. 5. Also. in considering this application., the Board finds: (a) that, the location of~ the proposed tennis~,~ court, swimming pool. and accessory buiidincj wilt ,not create~ an: undesirable change in~ the neighborhood;.~ (b) that the relief, as~ requested~, is not~ substantial under the circumstances;~ (c) there is ,no alternat~ve~availabte-for appellant to pursue~; which wou. i~L be more-feasibte~ under tfm circumstances;. (d) the property as a whole,consists:~of: mostly-front yard a~ea and does lend to difficulties in locating accessory buildings-in, a rear yard; {e) the grant of the retief noted herein is the minimum necessary and does. at~ the same: time. preserve and protect the character of.,,, the neighborhood, health~ safety r. andr~ welfare of-. the community. Accordingly. on motion by, Member Diniz~io, seconded by~ Member Wilton-. it was RESOLVED. that the-relief requested, under Appeal~ :No. q2~3 in the Matter of, MOORES- LANE, HOLDING CORP~. be and. hereby is APPROVED. AS APPLIED. Vote of~. the Board: Ayes: Messrs. Doyen. Dinizio. Wi!~o~,. Villa and Goehringer. This. resolution was duly adopted. FINDINGS AND DETERMINATION Appl. No. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, NY; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at which time persons desiring to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for approval of an accessory swimming pool structure with fence enclosure in the rear yard area of the subject premises. A variance is required for the reason that the rear yard encompasses that~ area within 100 feet of the Long Island Sound bluff. The setbacks of the pool structure are proposed at not closer than 10 feet to the easterly side property line and not closer than 50 feet to the existing line at the top of the bluff (or bank) of the L.I. Sound. 2. This property is known and identified as Lot No. lll on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is an antenna dish structure, barbecue "burner," play area and deck landward of the top of the bluff. Page -Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 There are steps also located sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. In considering this application, the Board finds as follows: (a) the overall dimensions of the in-ground swimming pool, as proposed, are 30 ft. by 15 ft. (b) the in-ground swimming pool is shown to be detached as an accessory structure; (c) there are cedar trees existing along the easterly side of the property which will continue to be maintained for screening purposes; (d) pool on this consideration. circumstances. there is no other location to locate this swimming property without other variances and further The alternatives are not more feasible under the (e) this application is strictly for an in ground swimming pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of this Board that in-considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff;_ (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental to the main use of the premises, to wit: residential. (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due .to the limited available building area after meeting all other setback requirements of the zoning code; (d) there are similar structures in the immediate neighborhood to the west; Page Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 (e) the difficulties are uniquely related to the character, layout and size of the property, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for an accessory swimming pool structure placed in a horizontal position, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly maintained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That' the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for these new structures before commencing construction activities. 4. That there be no adverse (or overhead) lighting that may affect other properties. 5. That drainage of the pool water, when necessary, be placed within a backwash cistern or dry wells (landward of the pool area). 6. That the swimming pool remain detached without a physical connection to the house. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio Villa and Wilton. This resolution was duly adopted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 3. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Roy Haje. President En-Consultants. Inc. 1329 North Sea Road Southampton. NY 11968 Re: AppI. No. 4242- - Variance to Reinstate Use .of Cottages 1000-53-5-12.6 (Sage and 'Ors.) Dear Mr.. Haje: This is sent-as a follow-up to conversations had' last week with the owner(s) and yourself-concerning the steps that the applicants would like to take in this project. At this time, the file is hereby declared incomplete for the purposes of review under the State Environmental Quality Review, Act. pending submission by your consultant of the Long Environmental Assessment Form and supporting documentation within the next thirty (30) days. Very truly yours, CC: Mrs. Patricia Sage Kondak GERARD P. GOEHRINGER CHAIRMAN FINDINGS AND DETERMINATION Appl. No. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure .within 100 feet of bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, NY; Parcel ID No.. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at which time persons desiring to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for approval of an accessory swimming pool structure with fence enclosure in the rear yard area of the subject premises. A variance is required for the reason that the rear yard encompasses that area within. 100 feet of the Long Island Sound bluff. The setbacks of the pool structure are proposed at not closer than 10 feet to the easterly side property line and not closer than 50 feet to the existing line at the top of the bluff (or bank) of the L.I. Sound. 2. This property is known and identified as Lot No. Ill on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is an antenna dish structure, barbecue "burner," play area and deck landward of the top of the bluff. There are steps also located sloping down the bluff to the beach area at the bottom of the bluff. Page 2 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. In considering this application, the Board follows: (a) the overall dimensions of the in-ground pool, as proposed, are 30 ft. by 15 ft. finds as swimming (b) the in-ground swimming pool is shown to be detached as an accessory structure; (c) there are cedar trees existing along the easterly side of the property which will continue to be maintained for screening purposes; (d) pool on this consideration. circumstances. there is no other location to locate this swimming property without other variances and further The alternatives are not more feasible under the (e) this application is strictly for an in ground swimming pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings eXisting generally in the neighborhood and along this Sound bluff; (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental to the main use of the premises, to wit: residential. (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due to the limited available building area after meeting all other setback requirements of the zoning code; (d) there are similar structures in the immediate neighborhood to the west; (e) the difficulties are uniquely related to the character, layout and size of the property, and the difficulties claimed are not personal to the landowner; Page 3 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) in view of all .the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for an accessory swimming pool structure placed in a horizontal position, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly maintained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for these new structures before commencing construction activities. 4. That there be no adverse (or overhead) lighting' that may affect other properties. 5. That drainage of the pool water, when necessary, be. placed within a backwash cistern or dry wells (landward of the pool area). 6. That~ the swimming pool remain detached without a physical connection to the house. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio Villa and Wilton. This resolution was duly adopted. APPEALS BOARD MEMBERS Gerard P. Gochringcr, Chairman BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 4235. (Also - See Board's Determination after a Rehearing, which Determina- tion was filed subsequently. ) Matter of the Application of KIM FALLON and CYNTHIA SUTRYK. This is a request for a Variance under Article III, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Sound View Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. WHEREAS, after due notice, public hearings were held on May 4, 1994 and June 8, 1994, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This application is a request for a Variance from Article III, Section 100-31, and Article XXIII, Section 100-231 which requires that an accessory building be located in a required rear yard. The application for a building permit upon which this appeal is based shows that the accessory (barn) building is proposed to be situated in the northerly (front) yard area. 2. The premises in question is located in the Agricultural- Conservation Zone District and contains a total area of five and 5.32 acres. This parcel is improved with two foundations, one for a new single-family pursuant to Building Permit No. 21929Z issued 3/4/94, and the other for the subject accessory barn (for which no permits have been issued) located north/northwest of the dwelling foundation under construction.. A survey dated and received May 3, 1994 shows the dwelling under construction a distance of 176+- from the easterly front property line (from the inner edge of a private right-of-way) and 122+- feet from the southerly property line. Using the surveyor's scale, the Page 2 - Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered June 8, 1994 dwelling foundation is 310+- feet from the closest northerly line and 170+- feet from the westerly property line, at its closest points. 3. For parcels of this nature with a private right-of-way extending the entire depth (483.46 feet) of the property as weli as frontage along a town road (Sound View Avenue of 119.13 feet), the property is considered a corner lot with two front yards. Section 100-232 provides that the rear yard may be defined as "one yard other than the front yard to be a rear yard, and the other or other side yards .... " It is the position of the Board that the layout of the land as a corner lot that lends to the difficulties in locating a permitted a accessory barn structure with corral area while at the same time meeting the yard and setback regulations and appropriate distances for housing of the horse(s). 4. For record purposes, it is noted that this building is proposed for accessory use incidental to and used by the residents and occupants of this dwelling, and may not be used for profitable or gainful purposes. By the grant of this variance, this building, as located in the front yard, may not be enlarged, re-located, or otherwise altered - except by additional application and formal review of the Board of Appeals and subject to further compliance with the codes in effect at that future time. 5. The use of the accessory barn 'is proposed for horses, which pursuant to Section 100-31(C-8) is a permitted accessory use, provided that such animals shall not be housed within forty (40) feet of any lot line. The proposed building and corral area structure are shown to also be in conformance with the maximum height requirements pertinent to accessory structures at eighteen (18) feet. <See code definition "height">. 6. The hearing record is lengthy and confirms opposition from owners of the adjacent (adjoining) parcels on the north and south sides of the applicants' property, and other concerns - some related to this project and some unrelated. Full consideration has been made of the entire hearing record by Board Members, and additional restrictions relating to the use and location of this barn and horse corral area have been made a condition of this variance. The neighboring residences to the north are approximately 120 feet from the proposed horse corral area and more than 260 feet between the accessory barn and other residences (north). The rear yards of the northerly neighboring parcels immediately abut the applicants' northerly front yards. The corral area and barn are for housing and keeping of the owners' two horses. 7. It is the position of the Board in considering this application that: Page 3 - Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered June 8, 1994 (a) the circumstances are uniquely related to the property - particularly since the code defines two yard areas to be front yards; (b) the relief is not substantial in relation to the requirements and will be distant from neighboring buildings and neighboring properties; the setbacks at its closest point is to the westerly property line at 54+- feet; (c) the variance requested does not involve an increase of dwelling unit or use density, and the use of the premises shall remain residential; (d) the relief requested will not cause a substantial effect 'on available governmental facilities since the structure is a permitted use under Section 100-31C, and will be used only incidentally to the residents and occupants of the dwelling; (e) there is an alternative available for the applicant to pursue by locating the accessory barn and corral area in the limited rear yard - ~vhich is that area closest to the southerly dwelling (Dr. R. Hariri) without a variance; (f) the variance will not in turn be adverse to the safety, heaith,' welfare, comfort, convenience, or order of the town, or be adverse to the neighboring properties since additional requirements have been imposed for compliance and extra efforts by the p. roperty owner. NOW, THEREFORE, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance as requested under Appeal No. 4235 to locate a 24 ft. by 22 ft. accessory building in the northwesterly front yard area not closer than 54 feet from the westerly property line and 120 feet from the rear yard property of Parcel No. 1000-94-2-3 (now or formerly Kavlaris as per survey), and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The use of the barn and corral area shall be limited to an accessory use personal to the iandowners and not for profitable or commercial use; 2. The the accessory barn is limited to the storage of two horses; more than two horses will require a further hearing for reconsideration. Page 4 - Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered June 8, 1994 3. Any and all storage of manure shah be disposed of in a proper manner which will not be adverse to neighboring landowners. 4. There shall be no riding instructions by the landowners such as a riding academy-type use to non-residents at the property; 5. The 100 ft. by 90 ft. horse corral (fenced area) shall be no closer than 120 feet to the northerly property line at its closest point and no closer than 200 feet to the westerly property line, and shall not be located south of the dwelling foundation area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN ACTION OF THE BOARD OF APPEALS Appeal No. 4243: Application of MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 4?5 Cedarfields Drive, Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District. WHEREAS, a public hearing was held on June 8, 1994, at which time aH persons who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surround- ing areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with frontage along the southerly side of County Road 48, Greenport, at Cedarfields, and is located in the Hamlet Density (HD) Zone District with a total acreage of 22.235 acres. The site plan map dated March 31, 1994 submitted for consideration by the Board of Appeals in this appli- cation was recently approved by the Town Planning Board (subject to obtaining a variance for the location of the pool, tennis court, and accessory (clubhouse) building). In fact, a Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's Office recorded at Liber 11667. pages 495-500 affecting the subject premises. 2. Proposed by this variance application is an accessory tennis court structure, not exceeding 60 x 120 ft. in size, an accessory 38 ft. by 32 ft. storage building (referred to by applicant as a club hse.), and an accessory inground swimmingpool, 36 ft. by 16 ft. or les~ in size, plus patio areas. The distance is shown on the March 31, 1994 site plan map to be 50 feet, or more from the Caleb's Way access at its closest point from any street line. Page 2 - Appl. No. 4243 Application of MOORES LAND HOLDING CORP. Decision Rendered June 8, 1994 that: Article III, Section 100-33A of the Zoning Code provides ...accessory buildings and structures or other accessory uses shall be located in the required rear yard .... 4. It is the opinion of the Board Members that the area chosen is reasonable under the circumstances, particularly due to the layout of the dwelling units with centralized buffer areas, surrounded by Caleb's Way. This general layout has been approved and recommended by the Planning Board. There are no available "rear yard" building areas, and all yard areas are front or side yards when using the Southold Town Code definitions and the plan before the Board. The location of these accessory structures and accessory building will not alter or adversely affect the character of the surrounding areas or other residential zone districts. 5. Also, in considering this application, the Board finds: (a) that the location of the proposed tennis court, swimming pool, and accessory building will not create an undesirable change in the neighborhood; (b) that the relief, as requested, is not substantial under the circumstances; (c) there is no alternative available for appellant to pursue which would be more feasible, under the circumstances; (d) the property as a whole consists of mostly front yard area and does lend to difficulties in locating accessory buildings in a rear yard; (e) the grant of the relief noted herein is the minimum necessary and does, at the same time, preserve and protect the character of the neighborhood, health, safety and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, that the relief requested under Appeal No. 4243 in the Matter of MOORES LANE HOLDING CORP., be and hereby is APPROVED, AS APPLIED. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN, BOARD OF APPEALS