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HomeMy WebLinkAboutZBA-04/03/2003 SPECAPPEALS BOARD MEMBERS ~'~~t,~ Southold Town Hall Lydia A. Tortora, Chairwoman ~ l/~} 53095 Main Road Ge rard P. Goehr in ger ~~~x¢, '*o,t _w ,~-.~o' ~'t~ '~P'~/~'~ ~~ ~ P.O. Box 1179 George Horning ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando '~~ ,~ Telephone (631) 765-1809 ' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED MINUTES ~"~;:~'~ ~ SPECIAL MEETING $~"o~Iholt] Town CIork THURSDAY, APRIL 3, 2003 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the $outhold Town Hall, 53095 Main Road, Southold, New York 11@71, at 6:30 p.m. on Thursday, April 3, 2003. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehdnger, Member Ruth Olive, Member Vincent Orlando, Member Paula Quintied, Secretary Absent was: George Horning, Member 6:07 p.m. Chairwoman Lydia A. Tortora called the meeting to order. AGENDA ITEM I: SEQRA: The Board proceeded with the agenda items, as follows: STATE ENVIRONMENT QUALITY REVIEW ACT: None declared at this time: pending inspections and reviews regarding new applications. AGENDA ITEM I1: DELIBERATION/DEcISION MATTERS: The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Approved as applied for: Appl. No. 5243 - Rory Forrestal Appl. No. 5283 - R. and H. Cavallo Appl. No. 5289- Jeanne R. Kurz Appl. No. 5288 - John Weeger Appl. No. 5193 - Maintree Corporation Approved with conditions: Appl. No. 5284 - D. and C. Kirby Appl. No. 5134 - Nancy Carroll Page 2 - Minutes April 3, 2003 - Special Meeting Southold Town Board of Appeals AGENDA ITEM IIh PUBLIC HEARINGS: The Chairwoman opened each of the following hearings to the audience for discussion. For full details on discussions, please see written Transcript, prepared separately and filed with The Town Clerk for reference. 6:47 p.m. Appl. No. CHARLOTTE DICKERSON. (continued from 2/6/03) This is a request for Variances under Section 100-239.4 and 100-33C, based on the Building Department's September 3, 2002 NOtice of Disapproval, for: (a) a proposed new location of a dwelling, replacing the existing building, with a setback at less than 100 feet from the top of the bluff the Long Island Sound, and (b) a proposed accessory building in a side yard area. Location: 4630 Blue Horizon Bluffs, Peconic; 74-1-35.51. Mr. Dickerson submitted a corrected survey, photographs and a closing statement. Board requests a final certified and stamped survey with decision pending receipt of same. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by the Chairwoman, seconded by Member Vincent Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). 6:59 p.m. Appl. No. GARY GERNS, as contract vendee (Thomas and Annette Jordan,Owners). (continued from 2/6/03) This is a request for a Variance under Section 100-244B, based on the Building Department's October 9, 2002 Notice of Disapproval concerning a proposed new dwelling with a front yard setback at less than 40 feet. Location of Property: 1680 Brigantine Drive, Southold; Parcel 1000-79-4-25. Motion was offered by Chairwoman Tortora and seconded by Member Oliva, and duly carried, to open and recess the hearing without a date; as requested by the applicant. This Resolution was duly adopted (4-0). 7:01 p.m. Appl. No. 5270 - PAUL DAVIS. This is a request for a Variance under Section 100-30A.3 based on the Building Department's October 2, 2002, Notice of Disapproval amended October 28, 2002 for a proposed reduction in a lot area of Lot 1000-48-2-31.1 from 20,168 sq. ft. to 18,557 sq. ft. and proposed reduction in lot depth from 159.97 feet to 174.97 feet. The remaining Lot 100-48-2-33 will increase in are from 5,655 sq. ft. to 7,313.55 sq. ft. and will increase in width from 50 feet to 65 feet. Location of Property: 1025 Ninth Street and 235 Linnett St. Greenport. Mr. Davis appeared on his own behalf. No one spoke in opposition at the hearing. After receiving testimony, mOtion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried to close the hearing. This Resolution was duly adopted (4-0). 7:07 p.m. Appl. No. - AMELIA MENDOZA. - This is a request for a Variance under Section 100-31A. 1, based on the Building Department's November 4, 2002 Notice of Disapproval. The basis of the Notice of Disapproval is that the proposed accessory building is a design for habitable living area in addition to the existing principal dwelling, and that only one dwelling is permitted on a lot. Location of Property: 38015 Main Rd., Orient; Parcel 1000-15-2-15.1. Matt lvans of Suffolk Environmental Consulting appeared on behalf of the applicant, Amelia Mendoza, who was not present. No one spoke in opposition at the hearing. After receiving testimony, the applicant agreed to research other alternatives. A motion was offered by the Chairwoman and seconded by Member Orlando to recess without a date, and duly carried..This Resolution was adopted (4-0). 7:17 p.m. Appl. No. 5264- MICHAEL PISACANO -The applicant has filed a request for a lot Waiver under Section 100-24A based on the November 7, 2002 (amended 11-8-02) Page 3 - Minutes April 3, 2003 - Special Meeting Southold Town Board of Appeals Building Department's Notice of Disapproval for construction of a single family dwelling. The basis of the Notice of Disapproval is that this 73,616 sq. ft. parcel is not permitted in the R-80 District because it is not a recognized lot by any of the four code standards, under: 1) The identical lot shall be created by deed recorded in the Suffolk County Clerk's office on or before 6-30-83, and the lot of conformed to the minimum lot~ requirements set forth in Bulk Schedule; 2) Lot is approved/recognized by the Southold Town Planning Board, or 3) Lot is shown on a subdivision map approved by the Southold Town Board prior to 6-30-83, or 4) Lot is approved/recognized by formal action of the Board of Appeals prior to 6-30-73. Location of Property: 1457 Cox Neck Rd., Mattituck; Parcel 113-07-19.11. Patricia Moore, Esq. appeared on behalf of the applicant, Michael Pisacano, who was also present. Neighbors Ted and Rita Wells, along with Chris Helliger gave testimony in opposition of the application. Also giving testimony was Barbara Chudiak, daughter of parcel's prior owner. After testimony and documentation was submitted, Chairwoman Tortora motioned to adjourn the hearing to June 5, 2003 at 6:30 p.m., seconded by Member Orlando; Member Goehringer abstained, and duly carried. This Resolution was duly adopted (4-0). A short recess was taken from 8:30 p.m. - 8:40 p.m. 8:40 p.m. Appl. No. 5218 - J. and J. Woodhouse. This is a request for a Variance under Section 100-30A.3 based on the Building Department's August 15, 2002 Notice of Disapproval, amended December 16, 2002 and December 24, 2002, for lot area and width of Lots 1 and 2, as shown on the lot line change map revised 11-4-02. Location of Property; 2395 Village Lane and 255 Navy St., Orient; Parcel 1000-26-12. Jennifer Gould, Esq. appeared on behalf of the applicant, Mr. and Mrs. Woodhouse. At the Board's request, Ms. Gould amended the application to an area variance for a minor sub-division and submitted to the Board. A motion was made by the Chairwoman to recess for fifteen minutes and resume after the next hearing, seconded by Member Goehringer and duly adopted (4-0). After resuming the hearing and reading the amended into the record, Chairwoman Tortora motioned to close the hearing, seconded by Member Orlando, and duly carried. This Resolution was duly adopted (4-0). 9:01 p.m. Appl. No. 5286 - PAUL AND MAUREEN CACIOPPO. APplicants request Variances under Sections 100-244B and 100-33, base don't he Building Department's October 15, 2002 Notice of Disapproval. Applicants propose a new dwelling at less than 35 feet from the front and rear lot lines, and for approval of the existing location of an accessory garage in a yard other than the required rear yard, at 195 Skunk Lane, Cutchogue; 85-3-2.2. James Fitzgerald appeared on behalf of the applicant and submitted an amended map. No one spoke in opposition to the application. After hearing testimony Chairwoman Tortora motioned to close the hearing, reserving decision until a later date, seconded by Member Goehringer, and duly carried. This Resolution was duly adopted (4-0). End of public hearings. AGENDA IV. RESOLUTIONS/UPDATES/OTHER: A. The Chairwoman discussed correspondence from Victor Catalano Appl. No. 5021. Chairwoman motioned to deny request for earlier calendar date, Page 4 - Minutes April 3, 2003 - Special Meeting Southold Town Board of Appeals seconded by Member Goehringer, and duly carried. This Resolution was duly adopted (4-0). B. The Chairwoman discussed and motioned to approve request for earlier Calendar date for Edward Boyd Appl. No. 5342 to Public Hearing date June 19, 2003, duly carried. This Resolution was duly adopted (4-0). AGENDA ITEM V: EXECUTIVE SESSION (none held). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 10:00 p.m. Respectfully submitted, Approved - L~a~'A'~ Tortora, Chairwoman APPEALS BOARD MEMBERS ~.~'~"~~,.,~ - South old Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ~ ~~. ~N'-~~,,.,ttt~,o,,,~_,~~'cr~,~,df~l-~'~~ ~ P.O. Box 1179 George Horning ~ ~ Southotd, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando '~.~_~_~ Telephone (631) 765-1809 http://southoldtown.northfork.net R~CEIVED BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERAT ONS AND DETERMINATION .¢-~;¢, ~ APJ~ Appl. No. 5284 - David and Carol Kirby $ot~hdd Town Clerk Property Location: 950 Captain Kidd Estates, Mattituck; Parcel 1000,106-5-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 12,917 sq. ft. parcel has a frontage of 100 ft. along the south side of Captain Kidd Drive and 120 ft. lot depth. The premises is shown as Lot 136 on the Map of "Captain Kidd Estates" filed in the Suffolk County improved with a one-story frame house and accessory garage as shown on the June 22, 1992 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's November 18, 2002 Notice of Disapproval amended December 2, 2002, citing Sections 100-242A and 100-244, in its denial of a building permit to construct a front addition (deck with canopy) at less than 35 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct an 7 ft. x 28 ft. front porch (deck with canopy) addition at 21 feet from the front property line, plus front steps, as shown on the hand-sketched notation on a copy of the June 22, 1992 survey prepared by Roderick VanTuyl, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a well- established subdivision with small lots under 20,000 square feet. The property is a 12,197 square foot parcel in a R-40 zone according to a survey prepared by Roderick Van Tuyl on June 22, 1992. The applicants propose to construct an 7'x 28' open porch Page 2 - April 3, 2003 Appl. No. 5284 - David and Carol Kirby 106-5-10 at Mattituck with a roof overhang over the front door. The allowed setback in the front yard is 25 feet. After construction of the open porch, the setback will be 21 feet. 2. The benefit sought by the applicants cannot be achieved by some other method feasible to pursue than a variance. The applicants are limited in their ability to add a front porch due to the non-conforming lot and the existing front yard setbacks. 3. The variance granted herein is not substantial. The difference in the front yard setback will only be four feet. The total lot coverage will be 13%. 4. The difficulty has been self-created as the applicants planned to build a front porch. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on the physical or environmental conditions in the neighborhood. Without a variance, the applicants could not construct a front porch. 6. Grant of the requested relief is the minimum necessary and adequate to enable the applicants to enjoy the benefit of a front porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B motion was offered by Member Oliva, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for, with the CONDITION that the proposed 7' x 28' open porch will remain open to the sky, except for a small overhang over the front door. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was: Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). L diaA T dy . )~ora, ~ - pp for Filing 4/.// /03 APPEALS BOARD MEMBERS Lydia A. Tortora, Chai~oman 53095 Main Road Gerard P. Goehringer ~~~~~ ~ P.O. Box 1179 George Horning ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ~-~tt~~-~ ZBA Fax (631) 765-9064 Telephone (6}1) 765-1809 ~ .~ Vincent Orlando http://southold~.~[M~k.~~ BOARD OF APPEALS /:~-~ ~ ~ TOWN OF SOUTHOLD ~P~ ~ ~. ZOO3 ~ FINDINGS, DEL BE~T ONS AND DETERM NATION -:' -:'¥2:; .~&~ :' ~- :: MEETING OF APRIL 3, 2003 $~u~ho[d Town (~erk Appl. No. 5285 - Geraldine N. Ba~on, Contract Vendee (Goeller & Others, Owners) Location of Prope~y: 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the prope~y under consideration in this application and determines that this review falls under the Type II categow of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 43,460 sq. ft. parcel has 125.25 ft. frontage along the east side of Nassau Point Road and is vacant, except that there is a 343 sq. ft. encroachment of the neighbor's garage building in the no~herly yard area. BASIS OF APPLICATION: Building Depa~ment's November 8, 2002 Notice of Disapproval, citing Section 100-30A.3, in its denial of a building permit to construct a new dwelling at less than 50 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the prope~y, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a dwelling at 15 ft. from the southerly prope~y line instead of the minimum 50 ft. front yard setback. The remaining setbacks are shown on the su~ey map prepared by John C. Ehlers, L.S. dated 9-19-02, revised 2-24-03, with setbacks of 20 ft. from the no~herly properly and 88 ft. from the westerly front to[line. The setback of the dwelling is also shown at less than 15 feet from a proposed "retaining wall" on the south side, its closest Point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, 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 prope~ies. The applicant proposes to construct a moderately sized single-family dwelling on their one-acre lot, which would have a total coverage of approximately 13% of the lot area. The variance requested is for a 15 ft. front yard setback facing Little Peconic Bay Road, which is only used as a footpath and not used for vehicular traffic. The garage on the south side facing Nassau Page 2 - April 3, 2003 Appl. No. 5285 - Barton (Goeller & Others) 111-9-13 at Cutchogue Point Road is proposed with a conforming setback of 88 feet from the front lot line, and the northeast corner of the house facing Little Peconic Bay is proposed with a conforming setback of 140 feet from the existing timber bulkhead. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed new dwelling is actually 40 feet from the adjacent property owner. The dilemma here is a paper road on the south side of the property line, which will remain a footpath to access the Association's beach. 3. The requested relief is substantial, since the existing code requirement for a front yard setback is 50 feet and the applicant is requesting a 35 ft. reduction from this requirement. 4. The difficulty is self-created. The applicant wishes to construct a new house on a vacant lot which has two front yards. 5. The depression in the topography of the land in the southerly yard area, at the requested front yard setback area, has been raised and it was offered as a resolution to this issued that the dwelling be shifted to allow for a 10 feet from the southerly lot line instead of 15 feet. No information or evidence has been submitted to suggest an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to DENY the 15 ft. setback from the southerly lot line at its closest point, and to ALTERNATIVELY GRANT a required setback of 10 feet from the southerly lot line, with the.following CONDITIONS: Continued maintenance of a natural screening of 6 ft. or 8 ft. high evergreens running the east-west length of the house on the north property line; the Board reserves the right to review the screening, when completed. Page 3 - April 3, 2003 -~' Appl. No. 5285 - Barton (Goeller & Others) 111-9-13 at Cutchogue - This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.)_ T~ was duly adopted (4-0). . ..4,,.~./,~/~.~/,~/~ .7)~.~'/.¢z'~-¢¢¢'~ ?/E' ~¢r'c'z- -'~ Lydia A. T'~;Cra, Charwoman - Approved for Filing 4////03 / Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehr in ger ~~N.~,~..,,, ,., ,~,,~ ~r en~ '~"/'"'//l/-'~ ~~ ~rn P.O. Box 1179 George Homing ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando "~al~ ~ Telephone (631) 765-1809 http://southoldtown.northfork.net TOWN OF SOUTHOLD /.-7-j__>~,,~-~ FINDINGS, DELIBERATIONS AND DETERMINATION API:I I 4 2003 MEETING OF APRIL3, 2003 Appl. No. 5283 - Richard and Heidi Cavallo Sd~"t[~o~ ?oven Clerk Property Location: 775 Hickory Avenue, Southold; Parcel 1000-77-2-30. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 10,000 sq. ft. parcel has a frontage of 125 feet along the north side of Hickory Avenue and 80 ft. along Pine Avenue in Southold. The premises consists of Lots 59 through 62 on the "Map of Goose Bay Estates" and is improved with a 1-1/2 story frame house and accessory garage, as shown on the June 18, 1981 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's October 2, 2002 Notice of Disapproval, amended March 19, 2003, citing Section 100-244B in its denial of a building permit to construct a second-story addition with a front yard setback at less than 35 feet, while maintaining the existing side yard total of 33.5 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, which time written and oral evidence were presented. BaSed upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second-story addition over the existing dwelling with a front yard setback of 29.1 feet from the front lot facing Hickory Avenue, as shown on the March 14, 2003 survey prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, 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 applicants intend to create a 650 sq. ft. second-story addition to this 50-year old home with existing nonconforming setbacks. The lot is 10,000 sq. ft. in area, has two front yards, and isa corner lot facing two private roads. The lot At the hearing, the Board heard no concerns that the variance Page 2 - April 3, 2003 Appl. No. 5283 - R. and H. Cavallo 77-2-30 at Southold · request would either cause a change in the character of the neighborhood or a detriment to adjacent or nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has a preexisting 10,000 sq. ft. lot with a 50-year old home in a nonconforming location. After reviewing the application, it was noted that applicant indicated that the only alternative would be to expand the footprint of the home. 3. The area variance is minimum in that applicants are using the same footprint and are not asking to further reduce yard areas. 4. The difficulty has been self-created. Because of the undersized area of the lot, the fact that the lot has two front yards, and the existing nonconforming setbacks do not conform to the current code requirements. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-story addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for, as shown on the map prepared by Peconic Surveyors, L.S. dated March 14, 2003. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). Lydia A. To,~ra, Chairwoman - Approved fOr Filing 4/// /03 · APPEALS BOARD MEMBERS ~'~~O~..,~ South old Town Hall Lydia A. Tortora, Chai~oman ~ 53095 Main Road Gerard P. Goehringer ~ ~~~ P.O. Box 1179 George Horning Southold, New York 11971-0959 Ruth D. Oliva ~-,ttt,~-x~~~~ ZBA Fax (631) 765-9064 ~~~ Telephone (631) 765-1809 Vincent Orlando http://southoldtown.northfork.net RECEIVED BOARD OF APPE~S - TOWN OF SOUTHOLD x .'~ FINDINGS, DELtBE~TIONS AND DETERM NAT ON ~-,.~ ~ APR ~ ~.~ MEETING OF APRIL 3, 2003 :; ,~:.;':?¥4' {~' /: Appl. No. 5134 - NANCY CARROLL (former applicant-owner, Michael J. C~}d Town Prope~y Location: 350 West Lake Drive, Southold Parcel 1000-90-1-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,996 sq. ft. parcel has a frontage of 100 feet along the south side of West Lake Drive and lot depth of 127.18 feet along the west side property line. The lot is shown as Lot 122 on the Map of Cedar Beach Park at Bayview and is improved with an existing one-story frame dwelling with an "as built" rear deck, shown on the 11/22/01 survey prepared by Destin G. Graf. BASIS OF APPLICATION: Building Department's March 13, 2002 Notice of Disapproval, amended August 30, 2002 and January 13, 2003, citing Section 100- 239.4B regarding an application for a building permit to construct additions/alterations to the existing dwelling. The reasons stated in its denial are that the proposed addition/alteration are: (1) less than 75 feet from the bulkhead, after considering the existing deck addition is "as built" at +- 42.8 feet; and (2) will have a lot coverage area greater than the 20% for building areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this aPplication on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a proposed second-stow addition, proposed garage addition and proposed deck at the rear of the dwelling. The setbacks are proposed at 36.6 feet from the front lot line, 12.9 feet on the west side and 12.8 feet from the east side line (total 25.7 ft. total side yards), and 42.8 feet from the bulkhead/rear lot line, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: ~.~ .? Page 2 - April 3, 2003 Appl. No. 5134- Nancy Carroll 90-1-21 at Southold. 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 neighborhood is developed with single-family dwellings on small, nonconforming lots. Several houses in the area are two stories and similar or greater than the applicant's proposed lot coverage and setbacks. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's lot is a small nonconforming lot, under 15,000 sq. ft., and the applicant wishes to construct a two-story addition over the existing footprint and to add a garage and deck areas, all of which create the need for code relief. 3. The relief requested is substantial. The code requirement is 75 feet from the bulkhead, and this is a request for a 32'2" reduction. The second variance is minimal, at only .8% of a reduction in the code. 4. The difficulty was self-created when the applicant purchased the existing house and becoming aware of the small lot size and tight setback tolerances. 5. No substantial evidence has been submitted to suggest that the two variances for the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03, SUBJECT to the condition that the deck shall be "open to the sky." This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 3 - April 3, 2003 Appl. No. 5134 - Nancy Carroll 90-1-21 at Southold setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Ab§ent was Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). Lydia A.'1'~°ra, Chairwom~n -Approved for Filing 4////0~f Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ~ ~l~/~ P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva xx -,t~j ,., .s,~- ~%~'~~%'¥~ ZBA Fax (631) 765-9064 'q~a]~i ~ Telephone (631) 765-1809 Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD / FINDINGS, DEL BE~TIONS AND DETERM NATION ..... MEET NG OF APRIL 3, 2003 Appl. NO. 5134 - NANCY CARROLL (former applicant-owner, Michael J. Prope~y Location: 350 West Lake Drive, Southold Parcel 1000-90-1-21 SEQ~ DETERMINATION: The Zoning Board of Appeals has visited the properly under ~nsideration in this application and determines that this review falls under the Type II categow of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,996 sq. ft. parcel has a frontage of 100 feet along the south side of West Lake Drive and lot depth of 127.18 feet along the west side prope~y line. The lot is shown as Lot 122 on the Map of Cedar Beach Park at Ba~iew and is improved with an existing one-story frame dwelling with an "as built" rear deck, shown on the 11/22/01 su~ey prepared by Destin G. Graf. BASIS OF APPLICATION: Building Depa~ment's March 13, 2002 Notice of Disapproval, amended August 30, 2002 and Januaw 13, 2003, citing Section 100- 239.4B regarding an application for a building permit to construct additions/alterations to the existing dwelling. The reasons stated in its denial are that the proposed addition/alteration are: (1) less than 75 feet from the bulkhead, after considering the existing deck addition is "as built" at +- 42.8 feet; and (2) will have a lot coverage area greater than the 20% for building areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this aPplication on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the prope~y, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a proposed second-story addition, proposed garage addition and proposed deck at the rear of the dwelling. The setbacks are proposed at 36.6 feet from the front lot line, 12.9 feet on the west side and 12.8 feet from the east side line (total 25.7 ft. total side yards), and 42.8 feet from the bulkhead/rear lot line, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Appl. No. 5134- Nancy Carroll 90-1-21 at Southold 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 neighborhood is developed with single-family dwellings on small, nonconforming lots. Several houses in the area are two stories and similar or greater than the applicant's proposed lot coverage and setbacks. 'I 2. The benefit sought by the applicant cannot be achieved by some method, feasible for I the applicant to pursue, other than an area variance. The applicant's lot is a small nonconforming lot, under 15,000 sq. ft., and the applicant wishes to construct a two-story ii addition over the existing footprint and to add a garage and deck areas, all of which create the need for code relief. 3. The relief requested is substantial. The code requirement is 75 feet from the bulkhead, and this is a request for a 32'2" reduction. The second variance is minimal, at only .8% of a reduction in the code. 4. The difficulty was self-created when the applicant purchased the existing house and becoming aware of the small lot size and tight setback tolerances. 5. No substantial evidence has been submitted to suggest that the two variances for the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03, SUBJECT to the condition that the deck shall be "open to the sky." This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 3- April 3, 2003 Appl. No. 5134 - Nancy Carroll 90-1-21 at Southold setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). Lydia A.'"'l'.~r~0ra, Chairwoman - Approved for Filing 4////0¢ APPEALS BOARD MEMBERS ~Y~.~.~X,~O~.~.~ South old Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goe hr inger ~~N'~<~ -,tit .., .a-~- ~ ~ 'r~'~"~'//-~~ , P.O. Box 1179 George Homing ~ ,~ Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 '%~.._a][~ _~/5~ Telephone (631) 765-1809 Vincent Orlando http://southoldtown.northfork.net BOARD OFAPPEALS ¢~.,~¢ RECEiVeD TOWN OF SOUTHOLD ;~: ,~?~. .... ?~.~.~- FiNDiNGS, DELIBERATIONS AND DETERMINATION '~" APR MEETING OF APRIL 3, 2003, Appl. No. 5289 - Jeanne R. Kurz Sol,hold Property Location: 725 Terry Lane, Southold; Parcel 1000-65-1-17. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project isimplemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 25,853 sq. ft. parcel has a frontage of 99.43 feet along the east side of Terry Lane and is improved with a two-story frame house with decks and accessory garage as shown on the survey prepared by Peconic Surveyors, L.S. dated February 6, 2002. BASIS OF APPLICATION: Building Department's December 16, 2002 Notice of Disapproval, citing Sections 100-242A and 100-244B, in its denial of a building permit to construct a second-story addition with a single side yard setbaCk at less than 15 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at whiCh time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second-story addition with a single side yard setback at 12.9 feet from the southerly side property line, as shown on the plan dated 10/1/02 prepared by Meryl Kramer, Architect and map prepared by Peconic Surveyors, L.S. dated February 6, 2002. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1 Grant of the area variance will not produce an undesirable ch~ge in the character of the neighborhood or a detriment to nearby properties. Applicant wishes to construct a secondary addition to the south/west side of the dwelling. At the March 20, 2003 public heari.ng, no opposition was offered regarding this application. The south/west side is contiguous to the Southold Park District property. The closest or most affected area, although overlooking Peconic Bay, is used as a grass parking lot for functions that occasionally occur at the Park District building. Bearing this in mind, the Board feels that Page 2 - April 3, 2003 Appl. No. 5289- Jeanne R. Kurz 65-1-17 at Southold the addition will not 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, feasible for the applicant to pursue, other than an area variance. The side yard is already established at 12.9 ft. for the one-story footprint. The applicant has no other alternative but to seek a variance for the second-story addition on the existing footprint. 3. The variance is not substantial, since the code requirement for this side yard is 15 feet, and applicants request a 2.3 ft. variance from the 15 ft. setback requirement on the side of her home. 4. The difficulty is self-created since the applicant has an established side yard for the footprint of this home. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-stow addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried, to : GRANT the Variance as applied for and shown on the map prepared by Peconic Surveyors, L.S. dated February 6, 2002. This action does not authorize or condone any current or future :use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Homing of Fishers Island.) This Resolu~'~-n.,w~s_du_.u~l adopted (4-0). Lydia A. Tort,ca, Chairwoman - Approved for Filing 4/// /03 -- APPEALS BOARD MEMBERS /~.~~%~ Southold Town Hall Lydia A. Tortora, Chairwoman ~ ~JJl[ ?~} 53095 Main Road George Horning ~'~ ~- Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 '~lJ~ ~tY' Telephone (631) 765-1809 Vincent Orlando http://southoldtown.northfork.net_ BOARD OF APPEALS TOWN OF SOUTHOLD / FINDINGS, DELIBERATIONS AND DETERMINATION~ Appl. No. 5217 - Linda S. Sanford Property Location: 780 Private Road t7, Southold Parcel 81-3-27. t'. Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 93,663.23 sq. ft. parcel has 143.67 ft. frontage along a private right-of-way along the northerly property line, and the premises is improved With an existing one-story +- 2365 sq. ft. dwelling and deck addition, accessory shed, pergola, and garage structures, as shown on the survey prepared February 18, 2002, amended June 4, 2002, by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's August 20, 2002 Notice of Disapproval, amended January 22, 2003, in applicant's proposal to demolish the existing dwelling and to construct a new dwelling at less than 75 feet from the rear lot line and bulkhead. Also requested are a new swimming pool structure at less than 75 feet from the bulkhead, and Variances under Section 100-235A(1) and Town Law Section 280-A, for a determination regarding improvements over an existing private right-of-way for sufficient access by fire and emergency vehicles. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE REQUESTS: AppliCant proposes to construct a new dwelling, after removal of the existing dwelling with additions. The new dwelling is shown at an improved angled, allowing for an increased overall setback from the bulkhead and rear lines, utilizing a portion of the existing nonconforming yard for a new porch. The'closest corner of the new porch will be 25 feet from the existing bulkhead and approximately 56 feet from the apparent high water line shown on the site plan map prepared by Charles A. Napoli, Architect dated June 27, 2002, revised January 20, 2003. Applicant also requests approvals under New York Town Law, Section 280-A, and Zoning Section 100-235 (A-l) concerning sufficient egress and ingress over an existing Page 2 - April 3, 2003 :~ '? ~' ' Appl. No. 5217 - Linda S. Sanford 81-3-27.1 at 780 Private Road #17, Southold traveled right-of-way extending over privately owned lands now or formerly of Kaytis, and land of McDonald, from a point starting along the east side of Paradise Point Road, Southold, to the applicant's lot. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed reconstruction of the dwelling is within keeping of the neighborhood setbacks, which houses have similar sloping and pitched roofs and traditional gables, open porch design. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than variance requests. 3. The requested area variance is substantial, howeVer this is a reconstruction of an existing nonconforming house, and applicant has agreed to move the house to increase the rear yard setback and decreasing the front setback, and removing the proposed swimming pool from the plan. The code requirement is 75 feet setback from the bulkhead. 4. The difficulty is self-created since properties are acquired with knowledge of nonconformities and limitations of the existing building and property. 5. No evidence has been submitted to suggest that the new dwelling will have an adverse impact on physical or environmental conditions in the neighborhood. By letter dated August 1, 2002, the Board of Town Trustees granted approval with conditions at a Regular Meeting held July 24, 2002 for construction of a new residence after demolishing the existing residence. 6. Grant of the requested variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried, to DENY the setback relief requested for a 25.75 ft. setback at its closest point to the bulkhead, and to Page 3 - April 3, 2003 Appl. No. 5217 - Linda S. Sanford 81-3-27.1 at 780 Private Road #17, Southold GRANT Altemative Relief, as shown on the site plan prepared by Charles A. Napoli, Architect dated June 27, 2002, revised January 20, 2003, with a new setback of 27.65 feet from the bulkhead, and 59.25 feet to a tie line along the apparent high water mark, after reducing the square footage to meet this requirement (1607 sq. ft. to 276 sq. ft.) and omitting the proposal for a swimming pool structure in the rear yard; and to GRANT a Variance under New York Town Law, Section 280-A, and Zoning Section 100-235A, SUBJECT to continued maintenance of the private right-of- way, with base improvements at a minimum width of 15 feet within the easement area, at all times for safe and adequate ingress/egress by fire and other emergency vehicles to the applicant's dwelling, and full unobstructed vehicular passage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Homing of Fishers Island.) This Resolution was duly adopted (4-0). ~,,~~____~. · -""%~~~.~d f~or Lydia A. To, o,o~ra, Chairwoman - Approve Filing 4//~/03 APPEALS BOARD MEMBERS "' Lydia A. Tortora, Chairwoman ~' ~~l~".~.~ 53095 Main Road Ge ra rd P. Goehringer v~'~ P~~..~N''~~x -,,,, ...~,- ~v ~'e~4"4~~-'x~ P.O. Box 1179 George Horning ~'~ ~- Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 ~1~~ Telephone (631) 765-1809 Vincent Orlando http://southoldtown.northfork.net. BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD / FINDINGS, DELIBERATIONS AND DETERMINATIOns, ~ APR I ~U~;~.~,.. MEETING OF APRIL 3, 2003 "~ .... "' · ' :':?.~', .?..:'" .¢ .:" .... ~' ::.: ':"-, Appl. No. 5217 - Linda S. Sanford 151 Property Location: 780 Private Road 17, Southold Parcel 81-3-27. Tow~ Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 93,663.23 sq. ft. parcel has 143.67 ft. frontage along a private right-of-way along the northerly property line, and the premises is improved With an existing one-story +- 2365 sq. ft. dwelling and deck addition, accessory shed, pergola, and garage structures, as shown on the survey prepared February 18, 2002, amended June 4, 2002, by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's August 20, 2002 Notice of Disapproval, amended January 22, 2003, in applicant's proposal to demolish the existing dwelling and to construct a new dwelling at less than 75 feet from the rear lot line and bulkhead. Also requested are a new swimming pool structure at less than 75 feet from the bulkhead, and Variances under Section 100-235A(1) and Town Law Section 280-A, for a determination regarding improvements over an existing private right-of-way for sufficient access by fire and emergency vehicles. FINDINGS OF FACT : The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE REQUESTS: Applicant proposes to construct a new dwelling, after removal of the existing dwelling with additions. The new dwelling is shown at an improved angled, allowing for an increased overall setback from the bulkhead and rear lines, utilizing a portion of the existing nonconforming yard for a new porch. The'closest corner of the new porch will be 25 feet from the existing bulkhead and approximately 56 feet from the apparent high water line shown on the site plan map prepared by Charles A. Napoli, Architect dated June 27, 2002, revised January 20, 2003. Applicant also requests approvals under New York Town Law, Section 280-A, and Zoning Section 100-235 (A-l) concerning sufficient egress and ingress over an existing Page 2 - April 3, 2003 Appl. No. 5217 - Linda S. Sanford 81-3-27.1 at 780 Private Road #17, Southold traveled right-of-way extending over privately owned lands now or formerly of Kaytis, and land of McDonald, from a point starting along the east side of Paradise Point Road, Southold, to the applicant's lot. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed reconstruction of the dwelling is within keeping of the neighborhood setbacks, which houses have similar sloping and pitched roofs and traditional gables, open porch design. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than variance requests. 3. The requested area variance is substantial, however this is a reconstruction of an existing nonconforming house, and applicant has agreed to move the house to increase the rear yard setback and decreasing the front setback, and removing the proposed swimming pool from the plan. The code requirement is 75 feet setback from the bulkhead. 4. The difficulty is self-created since properties are acquired with knowledge of nonconformities and limitations of the existing building and property. 5. No evidence has been submitted to suggest that the new dwelling will have an adverse impact on physical or environmental conditions in the neighborhood. By letter dated August 1, 2002, the Board of Town Trustees granted approval with conditions at a Regular Meeting held July 24, 2002 for construction of a new residence after demolishing the existing residence. 6. Grant of the requested variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried, to DENY the setback relief requested for a 25.75 ft. setback at its closest point to the bulkhead, and to Page 3 - April 3, 2003 Appl. No. 5217 - Linda S. Sanford 81-3-27.1 at 780 Private Road #17, Southold GRANT Alternative Relief, as shown on the site plan prepared by Charles A. Napoli, Architect dated June 27, 2002, revised January 20, 2003, with a new setback of 27.65 feet from the bulkhead, and 59.25 feet to a tie line along the apparent high water mark, after reducing the square footage to meet this requirement (1607 sq. ft. to 276 sq. ft.) and omitting the proposal for a swimming pool structure in the rear yard; and to GRANT a Variance under New York Town Law, Section 280-A, and Zoning Section 100-235A, SUBJECT to continued maintenance of the private right-of- way, with base improvements at a minimum width of 15 feet within the easement area, at all times for safe and adequate ingress/egress by fire and other emergency vehicles to the applicant's dwelling, and full unobstructed vehicular passage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) This Resr~lution was duly adopted Lydia A. To, o,o~ra, Chairwoman -~ppro "g 4//~/03 APPEALS BOARD MEMBERS Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http://southoldtown.nRrthfork.n~t '" RECEIVED BOARD OF APPEALS v TOWN OF SOUTHOLD Seuthold Town Clerk Appl. No. 5243 - RORY and JENNIE FORRESTAL Property Location: 1065 Saltaire Way, Mattituck; County Parcel 1000-100-1-23. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,560 sq. ft. parcel has 100 ft. of frontage along the west side of Saltaire Way and 207.21 ft. of lot depth along the south property line. The property is improved with a 1-1/2 story frame-brick dwelling with attached two-car garage and accessory playhouse structure behind the dwelling, as shown on the March 10, 1989 survey prepared by William R. Simmons, Jr., L.S. for the applicants. BASIS OF APPLICATION: Building Department's October 2, 2002 Notice of Disapproval, amended December 9, 2002, citing Section 100-244B, in its denial of a building permit to construct a second-story addition to the existing dwelling proposed within the code's 35 ft. minimum setback for both (total) side yards and less than 15 ft. setback remaining on a single side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second-story addition with a nonconforming total side yards of 33 feet, including the existing 13 ft. setback from the south 'property line (and 20 ft. from the opposite side yard), as detailed on the plans dated 5/2002, Job #02-19, by Peter T. Podlas, A.I.A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a well- established subdivision situated on about one-half acre lots. The property is a non- Page 2 - April 3, 2003 Appl. No. 5243 - R. and J. Forrestal 100-1-23 at Mattituck conforming 20,560 square foot lot in an R-40 zone containing a 1-½ stow house with garage and decks. The applicants propose to convert a portion of the dwelling and existing two-car garage into a garage with a two-story structure for a master bedroom suite and to enlarge the other bedrooms. The required total side yard setbacks are 35 feet, the applicant with the additions and alterations will maintain a total side yard setback of 33 feet. 2. The benefit sought by the applicants cannot be achieved by some other means other than a variance. The house met the side yard requirements before the code was changed in 1989, when the total side yard requirement was 25 feet. The applicants are building over an existing structure and not enlarging the original footprint of the house. 3. The difficulty was self-created when the applicants decided to enlarge the dwelling. 4. The variance is not substantial as the total setbacks will be 33 feet instead of the required 35 feet. Total lot coverage is 15%. 5. The 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 this variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this requested variance is the minimum necessary for the applicant to enjoy a second-stow addition over the existing garage for a new master bedroom suite. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law, motion, was offered by Member Oliva, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for and shown on the plan dated 5/2002, Job #02-19, by Peter T. Podlas, A.I.A. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 3 -April 3, 2003 Appl. No. 5243 - R. and J. Forrestal 100-1-23 at Mattituck setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Homing of Fishers Island.) This Resolution was duly adopted (4-0). Lydia_ A. T/e"rtora, Chairwoman - Approved for Filing 4/ ~:¢/03 'APPEALS BOARD MEMBERS x 9fit, .,~x ',71 ~~.~-~ Southold Town Hall Lydia A. Tortora, Chairwoman ~ ~/?~ 53095 Main Road Ge rard P. Go ehr ing er ~~~~~~~ ~ P.O. Box 1179 George Homing ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ~-,tt~,~-~ ZBA Fax (631) 765-9064 ~~~ Telephone (631) 765-1809 Vincent Orlando http ://southoldtown.northfork.net BOARD OF APPEALS RECEIVED ~~ TOWN OF SOUTHOLD /..5~ff~ ~.~ FINDINGS, DEklBE~TIONS AND DETERMINATION MEETING OF APRIL 3, 2003 APR I 4 2003 Appl. No. 5307 - MAINTREE CORPO~TION ?:"Southold Town Cl~rk Location: 25500 Main Road, Orient; Parcel 18-6-10. REQUEST MADE BY APPLICANT: This is a request for a Special Exception under AAicle III, 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). The applicant-owner requests an Accessow Bed and Breakfast, accessow and incidental to the owner's occupancy in the existing dwelling structure, with up to five (5) guest rooms for lodging and se~ing of breakfast to not more than ten (10) casual, transient roomers. The applicant has submitted a parking plan for up to 13 parking spaces dated 5/30/02. PROPERTY DESCRIPTION: This propeAy contains approximately 43,500 sq. ff. of land area with 2i 1.49 fl. frontage along the south side of the Main Road (a/k/a State Route 25) in Orient. The propeAy is improved with a three-stow principal building, occupied by the applicant-owner. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on Februaw 20, 2003, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the propeAy and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: This Bed and Breakfast application is a cardinal example of the proper use of an older, stately three-stow home that was conveAed to a rest home for many years. This request is unique because of the condition and size of the adult home. An inspection of the premises indicated the following: large first floor area including a living room/parlor, dining room, one bedroom at the rear of the kitchen, and den at the rear of the living room. There is a second floor with five (5) large bedrooms to be used by guests for sleeping purposes, two alternate rooms used for storage, and an old elevator. There is a third floor with a small apadment probably used by the prior owners on a seasonal basis. 1. The use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. This proposed Bed and Breakfast Accessow Use is incidental to the applicant-owner's residence in the building. Page 2 - April 3, 2003 Appl. No. 5307 - Maintree Corporation 18-6-10 at Orient 2. The owner's Bed and Breakfast accessory use, as requested, will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent use districts, or of permitted or legally established uses in this zone district or adjacent use districts. 3. The safety, health, welfare, comfort, convenience, order of the town would not be adversely affected by the proposed Bed and Breakfast accessory use and its location. 4. The structure will be readily accessible for fire and police protection. 5. The proposed use will be in harmony with, and promote, the general purpose and intent of the zoning code (Chapter 100) and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. 6. The Special Exception is for approval of an accessory use (Bed and Breakfast in an existing home) and will not prevent the orderly.and reasonable use of this property or adjacent properties. 7. No evidence has been submitted to suggest that this accessory use will have an adverse impact on physical or environmental conditions in the neighborhood. This accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for compliance with safety, health and other pertinent regulations. 8. No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTiON/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Goehringer, seconded by Member Oliva, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use, as applied for, with the condition of law pertaining to this type of use, as follows: That at all times and in all types of weather, guest parking will be provided as shown on the parking plan dated 5/30/02. ..~ Vote of the Board: Ayes: Members Tortora (ChairWoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). . · ~.~. ~/dia A. ¢~o~a, Ct~airWoman /// /~3 APPEALS BOARD MEMBERS ff.,,~,,~~,~,~,,~.,'r~ Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ~~~:~ .*/~,,pl/N,.,~~ P.O. Box 1179 George Horning ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ~ -,ttt,, ,~,~- ~}, ZBA Fax (631) 765-9064 Vincent Orlando ',~__1~ _~ Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECE!VED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ,;~,;~pF{ MEETING OF APRIL 3, 2003 ~-'~" Appl. No. 5275 - NANCY IANNONE and HELEN MARSHUT, Life Tenants Property Location: 19105 Soundview Avenue, Southold; Parcel 1000-51-1-17. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's +-34,000 sq. ft. parcel has 100 ft. of frontage along the north side of Soundview Avenue and is improved with a single- family dwelling with attached garage and deck. For the record, Certificates of Occupancy #Z-1669 dated August 14, 1963 was issued by the Building Department to Anthony Marschut, and #Z10566 dated July 9, 1981 to Anthony and Helen Marshut for a two-story addition with deck. REQUEST MADE BY APPLICANT: The Applicants-Owners request a Special Exception under Code Section 100-31B, sub-section 13, for an Accessory Apartment in conjunction with their residence within the existing principal building. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003 and March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: BOARD CONSIDERATIONS/CODE PROVISIONS: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-31B(13) to establish an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment is proposed with a livable area of 450 sq. ft. in the principal building. The Apartment unit is proposed at less than the code limitation of 713 sq. ft., or 40% of the existing +- 1784 sq. ft. livable floor area of the dwelling. 2. The Marschut Family has owned the premises for many years, and James lannone, acquired the property on 12/2/98, subject to a life estate reserved by Helen Marschut in deed dated October 26, 1998. The Life Estate Residents/Owners agree to continue to Page 2 - April 3, 2003 Appl. No. 5275 - N. lannone and H. Marshut 51-1-17 at Southold occupy the dwelling as a principal residence. 3. The applicants' plan revised 2/25/03 shows an existing asphalt area for parking of six vehicles. The Board has requested that the area be widened to allow for proper egress and ingress without backing out onto the street. 4. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. By letter from the applicant's attorney, the existing livable first floor was confirmed to be 832 sq. ft., and 832 sq. ft. on the second floor (garage and decks not included), plus 120 sq. ft. bedroom extension. The apartment must meet the minimum size requirement for 450 sq. ft., and may not exceed 40% of the total livable floor area. The existingfootprint of the dwelling will not be 5. The applicants have agreed to retain the existing appearance of a one-family dwelling when establishing this Accessory Apartment.in conjunction with the main livable unit. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following Findings of Fact to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the R-40 Zone District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town woUld be adversely affected. 5) This zoning use is authorized by the Zoning Code through the Board of Appeals, as noted herein. A Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Ch. 100 of Zoning for an Accessory Apartment use. 6) No adverse conditions were found after considering items listed under Sections 100- 263 and 100-264 of the Zoning Code. Page 3 - April 3, 2003 Appl. No. 5275 - N. lannone and H. Marshut 51-1-17 at Southold RESOLUTION/ACTION OF THE BOARD: On motion by Member Orlando, seconded by Member Goehringer, it was RESOLVED, to GRANT the Special Exception application for an Accessory Apartment, to be used only in conjunction with applicants-owners' residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. One of the owners shall occupy the dwelling as his/her principal residence. 2. Parking on site with proper egress/ingress shall be provided, with widening of the parking/driveway area, so that there is no backing out of vehicles onto Soundview Avenue. 3. A Certificate-of Occupancy or written compliance document shall be obtained from the Building Department before occupancy of the Accessory Apartment. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Homing of Fishers Island.) This Resolution was duly adopted (4-0). Lydia A. 'F'ort, efa, Chairwoman- Approved for Filing 4/// /o3/