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HomeMy WebLinkAboutZBA-04/19/2001 SPEC' A}qPt~ALgrBOAA~D MEMBERS Gerard P. Goehdnger. Chairman James Dinlzio. Jr. Lydia A. Tortora Lora S. Collins George Homing ~Y~ Il ~; I~ Soutbold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631} 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 3/19; 4/10; 4/17 AGENDA SPECIAL MEETING THURSDAY, APRIL 19, 2001 6:30 p.m. Calt to Order. L STATE ENVIRONMENTAL OUAL~TY REVIEW\DECLARATION: (none) II. DELZBERAT~ONS/DECISIONS (carryovers from last meetin(~)_: ,.,~*"Ap¢. No. 4946 and 4913 - LEONARDO TLRADO. Requests for Variance for pool location in an other and for fence than four feet in when located in LA)" area than a rear yard, Variance a greater height the front yard, for enclosure of a pool area at 3850 Nassau Point Road, Cutchogue; 111-8-1. Appl. No. 4900 - MARTIN TAESCHLER. Proposed location of accessory Storage building; 985 Ave., Southo]d; 63-2-27. AppL No. 4922 - LEO AND VIRGINIA ALESSI. Applicants request a variance under Article III, Section 100-33-C, based on the Building Department's Dec. 28, 2000 Notice of Disapproval Ap¢icants propose to locate an accessow garage at less than 50 feet from the front property line, at 1700 Cedar Point Drive East, Southo~o; 1000-92-1-3. AppL No. 4934 - PAUL CORAZZINI. Applicant requests Variances based on the Building 'Department's December I8, 2000 Notice of Disapproval, for a proposed commerciaJ storage building: (a) located at less than the code requirement of 70 feet from the rear property line, Article X~V, Section 100-142, and (b) for a building Iength greater than the maximum permitted 60 feet facing the Main Road, Article XIV, Section 100-143C. Location of Property: 67875 Main Road, Greenport; 52-5-58.2, Appl. No. 4931 - JOHN LEDDY. Applicant requests a variance under Article )(XIV, Section 100- 244B, based on the Building Department's December 27, 2000 Notice of Disapproval, for a proposed alternation and eddit}on to an existing dwelling which wi]] be ]ess than 35 feet from the front property line, at 5700 Pequash Avenue, Cutchogue; 110-5-36. AppL No. 4929 - GRACE CANTONE. Applicant requests a variance under Article XXZV, Section 100-244B, based on the Building Department's January 23, 2001 Notice of Disapproval for a proposed addition to dwelling which will have a setback at less than 40 feet from Park Avenue front property line. Location: Corner of 2305 Park Avenue and Bungalow Lane, Mattituck; 1000-123-3-21. Ape. No, 4932 - RICHARD M. HOKANSON. Rquest for a variance under Article XX~V, Section 100-244B, based on the Building Department's _lanuaw 25, 2001 Notice of Disapproval for a proposed single-family dwelling which will exceed the code limitation of 20% lot coverage (of the total lot area). Location of Property: 1635 Nokomis Road, Southoid; 1000-78-3-33. Page 2 - Agenda upd. 4~A-TSq~z~ April 19, 2001 Special ~qeeting $outJhold Town Board of Appeals I~. DELIBERATIONS/DECiSIONS, continued: q,\t ' AppL No. 4933 - JOHN_ SOTO. Request for a variance, under Article III-A, Section 100-30A.4, based on the Building DepaFcment's January 25, 2001 Notice of Disapproval for a swimming pool ro osad m the front ard at 90 Ha aters Road Cutcho u Am n p p ' y , ,/w , g e; e ded Nap A, Nassau Point Club Properties Lot #272; 1000-iI1-2-4. Appl. No. 4936 - ANTHONY VIVONA. Applicant requests a variance under Article Ii]i, Section 100-33, based on the Building Department's _lanuary 8, 2001 Notice of Disapproval for an accessorf ~ storage building in a front yard ~ocation, at 125 Crescent Lane, East Marion; Pebble Beach Farms Lot 98; 1000-30-2-4:L. I[:~;~ PUBLlC HEARtNG~L .(rShOuid your presentation be Iengthy, please provide a written copy of your stat~me~ts~.~vgq~ck~.is rh~]e a permanent part of the record.) Continued from previous calendars:_ ~- App". NO. 4937- SOUTHOLD_ PARK D[STR~gT'\(posaibie'submiss,on of wdtt~e~ }'information, per April ,:~_,,~-4 Land April.~¢, .~19' 200,1). pfC~Variance under Article XXTV, Section 100-239.4A.1 to locate an accessow swimming pool and hot tub construction at less than 100 feet from the bluff of the Long island Sound; 1900 Hyatt Road, Southold; .... ,,,.~ .... , £ No, 4921- OmS AN SON (owner) and ON, Applicants ~..~P~'Y'request variances under Article , ? ember 20, o00 Not ce of i approval. AppI can propose a Ithan 100 feet from the top of the b~uff, tess than 30 feet for combined side yard setbacks, and less m~ ~L al[_th~,~~~.m~t.h.~e f~nt properb/line. Location: 3400 Lighthouse Road, Southold; 1000-50-2-2. ,~,~^~{~ 8::~p.m. AppL No. - JOHN ~. and MAUREEN JOHN. kot Waiver request for property ~ocated ~'at Cpt. Kidd Estates, ~attituck.~ 8:45 p.m. Appl. No. 4930 - ~_ANE ROSS_and .1ON $CHRIBER. Request for addition to dwelling and recent Amendment to include an additional ~ under Article Iii, Section 100-2q4B, for the location of an "as built" pergola structure located in the front yard on existing patio construction at less than 35 feet from the front properb/line, at 1295 Old Harbor Rd., New Suffolk; 117.-3-10. ~J~c~,~ . "~ge-~;L April ~9, 200I Z~A Agenda - Special Heeting III. POSSIBLE DELIBERAT][ONS/DECISIONS, continued: (as deemed appropriate by Board) pending applications: A~ communications received; Appl. No. 4937 - SOUTHO~ D[ERICT~r r~l~~sed on the ~oval for a Park shelter · arbor Road, SouthoM; 87-1-18.7. Appl. No. 4935 - E.M. KONTOKOSTA. Applicant requests a variance under Addde XXIV, Section 100-239.4A, based on the Building Department's January 18, 2001 Notice of Disapproval for an accessory swimming poo~ structure proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 56765 North Road., GreenpoFc; 44-1-27. Appl. No. 4926 - JON KERBS. Applicant requests Variances based on the Building Department's March 5, 2001 Amended Notice of Disapproval: (a) under Article XV, Section t00-151, and Bulk Schedule of the Zoning Ordinance, for the reason that this lot does not meet the current lot size requirements for this R-80 Residential Zone District; this lot contains less than 80,000 sq. it. in area, 175 it. lot width, and 250 ¢c. of Iot depth; and (b) under Article XXIV, Section 100-244B, for the reason the setbacks of the existing trai~er ,%'and garage do not meet the side yard code requirements for lots containing 7,500 sq. ft. 60105 Main Road, Southold; t000-56-3-11, deeded April 23, 1958. ' AppL No. 4909 - MUELLER (Owne_r)/McNAMARA (Appl~. Reselutio'n confirming receipt of 'written information submitted by owner's attorney. Others pending: Ape. Ne.' 4837 -'~ (Conbnue~d from 2/28; 3/~5). This is a request for a Variance underX~rtide X)~, Section 100-239.4~.1 to locate an~ccessory swimming pool and hot tub consb~u,,ction atXLe~ss than 100 feet frx~m the bluff of'C~e Long Island Sound; 1900 Hyatt Road, SolY[hold; 5~-1-3, " ~ POSSIBLE DELIBERATIONS[DECISiONS Appl. No. 4930 - 3. ROSS and ]. SCHRIBER. Request for addition to dwelling and recent Amendment to include an additional variance under Article III, Section 100-244B, for the location of an "as built" pergola structure located in the front yard on e~dsting patio construction at less than 35 feet from the front property line, at 1295 Old Harbor Rd., New Suffolk; 1000-117-3-10. (Additional Ch. 58 notices were requested of applicant; amended application for pergola.) request variances under Article XXIII, Section 100-239.4A.1, Department's December 20, 2000 Notice of propose a new dwelling with setbacks at less than ~ of the bluff, less than 30 feet for than 40 feet from the front property line. Location: Appl. No. 4924 - .1OHN fvl, and NAUREEN 3OHN. Lot Waiver application for properb/~oceted at Cpt. Kidd Estates, Mattituck to unmerge lots. ZV. POSSIBLE RE$OLUTIONS~UPDATES/REV~EWS: Resolution to Approve Minutes of the fo~owing Meeting: (). 2. Resolution (Lega~ Notice attached for Board Members) regarding App~,~-1 No. 4870 - V. Benjamin. Resolution to advertise: (~-)-~sq:~m~, ap~r ((.~to ./.~ .~ previous ZBA AppL No. 4786 (denial) ref. May 3, 2001 hearing. r~.~ Upcoming ZBA Calendars: May 3, 2001 - Hearing Calendar/Regular Meeting: Pdncipi & more. May 31, 2001 - Hearing Calendar/Regular Meeting: Lynch, Colavito, possibly Buskard, and more. V. EXECUTIVE SESSION (if any). APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins GeOrge Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION April 19, 2001 Meeting Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4946 - LEONARD TIRADO 1000-111-8-1 Location of Property: 3850 Nassau Point Road, Cutchogue Date of Public Hearing: April 5, 2001; April'19, 2001 Findinfls of Fact PROPERTY FACTS: Applicant's property is located at Nassau Point in Cutchogue, and has frontage along three streets: 92.06 along the east side of Wunneweta Road, 231.45 ft. along Menhaden Road, and 181.81 feet along the west side of Nassau Point Road in Cutchogue. The remaining depth is 205 feet along the southerly property line. The property is improved with a single-family, two-story dwelling, shown on the February 23, 1979 survey prepared by Roderick VanTuyl, P.C. BASIS OF REQUEST: Building Department's Amended Notice of Disapproval for the reason that under Article XXIII, Section 100-231-A, when a fence is located within the front yard of residential zones, the same shall not exceed four (4) feet in height. AREA VARIANCE RELIEF: The applicant proposes a fence at a height of six feet instead of four feet, for the purpose of screening the property and enclosing a proposed pool in a front yard area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. An undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties because applicant is proposing a 6 ft. fence to enclose a pool in the front yard. 2. The benefit sought can be achieved by some method, feasible for the applicant to pursue other than an area variance. The town code only requires that a four ft. fence enclosing a pool be erected to meet the minimum safety and protection standards. 3. The area variance is substantial in that a six ft. fence in the front yard represents a 50% increase over the maximum four feet allowed by Town Code. 4. The difficulty has been self-created. The Town Code provides for a four ft. height for pool enclosures. P~ge 2 - April 19, 2001 ZBA Appl. No. 4946 L. Tirado 1000-111-8-1 at Cutchogue RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Homing, it was RESOLVED, to DENY the six ft. high fence as requested. Ayes: Member~r (Ch/air-m~n~.2Diniz~, Collins, and Horning. This .~du,~ ~~  RARD P. GOEHRINGER, CHK~MAN ,~:~PEA/_,S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631)765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION April 19, 2001 Meeting Appl. No. 4913 - LEONARD TIRADO 1000M 11-8-1 Location of Property: 3850 Nassau Point Road, Cutchogue Date of Public Hearing: February 27, 2001; March 15, 2001; April 5, 2001 Findinfls of Fact PROPERTY FACTS: Applicant's property is located at Nassau Point in Cutchogue, and has frontage along three.streets: 92.06 along the east side of Wunneweta Road, 231.45 ft. along Menhaden Road, and 181.81 feet along the west side of Nassau Point Road in Cutchogue. The remaining depth is 205 feet along the southerly property line. The property is improved with a single-family, two-story dwelling, shown on the February 23, 1979 survey prepared by Roderick VanTuyl, P.C. BASIS OF REQUEST: Building Department's September 25, 2000 Notice of Disapproval for the reason that under Article III, Section 100-33, accessory structures shall be located in the required rear yard, and the proposed pool is located within a front yard. AREA VARIANCE RELIEF: The applicant proposes to locate an accessory swimming pool in the westerly front yard area facing Wunneweta Road. The pool is proposed at a minimum of 32 feet from the curve in the property line along Wunneweta Road, 26+- feet from Menhaden Road, and 25 feet from the southerly property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool will be located across the street for the applicants' neighbors, thereby making the distance to the nearest dwelling and/or property line in excess of 50 feet. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than area variances because no other location on the property is suitable for placement of a pool, without considerable re-grading, leveling of the land, and tree cutting. 3. The requested area variance is not substantial. Page 2 - April 19, 2001 ZBA Appeal No. 4913 - L Tirado 1000-111-8-1 at Cutchogue 4. Grant of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence was presented to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted. 5. The difficulty has not been self created because the lot is facing roads on each of the three sides of the property, with the fourth side (a rear yard) almost non-existent 6. The action set forth below is the minimum necessary and adequate to enable applicant to construct a swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the loCation of the proposed pool with the following CONDITIONS: 1. The pool shall be Constructed no closer than 32 feet from the nearest property line. 2. The pumps and filters must be located, as offered by applicant, either in the basement or as close to the right-of-way as possible near the existing shed, to avoid any noise disturbance to nearby residents. 3. The surrounding fence shall not exceed four feet in height. 4. The pump and filter shall be enclosed with a shed-type structure (fully enclosed). VOTE OF THE BOARD: Ayes: Members G~:~r (C~ D~io, Tortora, ReSolution was ed (5 Collins, and Horning. This.//~a.~~~ ~~________ /'GERARD P. GOEHRINGI~R, CHA/tA(MAN A!~..~PEAL$ BOARD MEMBERS G~rard E G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS MID DETERMINATION April 19, 2001 Meeting Appl. No. 4930 -Jon Schriber and Jane Ross Location of Property: 1295 Old Harbor Road, New Suffolk; 1000-117-3-10 Date of Public Hearing: April 5, 2001 (for addition); April 19, 2001 (for gazebo on patio). Findings of Fact PROPERTY FACTS: Applicant's 19,476 sq. fi. parcel has a frontage al°ng the north (northwest) side of Old Harbor Road of 225.51 feet, depth of 86.53 at the ~vest end and 119+- feet at the east end along Cutchogue Bay. The property is improved with a 2-1/2 story frame residence with additions and detached storage shed at the northwest comer of the property, as shown on the survey prepared 8/19/97 by Stanley Ji Isaksen, Jr., Land Surveyor. BASIS OF REQUEST: Building Department's December 18, 2000 Notice of Disapproval for the reason that, under Article XXIV, Section 100-244B, the proposed construction (addition) does not meet the minimum front yard setback requirement of thirty-five feet. Applicant amended the variance application to include relief for an as built trellis type structure existing on the raised patio construction also located at the front yard with an insufficient setback. AREA VARIANCE RELIEF: The applicant is requesting front yard setback variance for two struCtUres: one for a proposed addition of 15.3 x 19 ft. at the southwest comer of the dwelling leaving a front yard setback of 26.9 feet, and the other for an "as built'; trellis-type perc3ola facing Old Harbor Road. The gazebo structure was built on an existing raised patio, which patio was the subject of a prior variance approval under Appl. No. 4607 (dated September 30, 1998). REASONS FOR BOARD. ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants wish to add a screened porch that ~vill tuck into an indented comer of the existing house. Because the porch will be built into the comer of the house, only about half of its 15.3-foot depth will intrude into the side yard, i.e., will be less than 35 feet from the front property line. The outer wall of the porch is proposed at 26.9 feet from the line, a setback reasonably consistent with the neighborhood. Applicants also request approval of the location of an as built trellis-type gazebo situated on the front patio facing Old Harbor Road. (2) The property slopes up,yard from the street, and there is substantial shrubbery between the street and the proposed porch location, minimizing the visibility of the porch from the street. Page 2 - April 19, 2001 Appl, No. 4930 - J. Ross & J. Schfiber 1000-117-3-10 at Cntchogue (3) The shape of the property and the existing improvements make the proposed location logical and practical. (4) For these reasons, grant of the requested variance relief will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) There is no evidence that grant of the requested variance relief will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to construct a porch and a pergolain a reasonable location while preserving and protecting the character of the neighborhood m~d the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance applied for. VOTE OF THE BOARD: Ayes: Members Goeh~~an), Djlxi~o, Tortora Collins. (Member Homing was absent during this Resolt)t/(6n'.) ~Dfis~lution/w'~s du~-ff~te$l (4-0). -APPE~.~ BO~dP, D MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4900- MARTIN TAESCHLER Location of Property: 985 Boisseau Avenue, Southold Date of Public Hearing: February 27, 2001 Parcel 1000-63-2-27 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a corner lot with 25,145 sq. ft. in area with 86 ft. frontage along Hummel Avenue and 215.21 feet along Boisseau Avenue in Southold. The property is improved with a one-story frame house with attached garage as shown on the survey map prepared by Roderick VanTuyl, P.C. dated July 12, 1984. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated October 6, 2000, denying an application dated September 25, 2000 for a permit to build an accessory storage building in an area other than the required rear yard, as cited in Article III, Section 100-33 of the Zoning Code (Chapter 100). RELIEF REQUESTED: Applicant requests a variance to locate an 8x12 accessory storage shed in an area other than the rear yard. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings.: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicant is moving an existing 8x12 ft. shed to a new location on the property that does not interfere with the neighbors' site lines. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance because the existing house was located on this lot in such a way that the applicant has almost no back yard as defined in the Town Code. 3. The area vadance is not substantial. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was Pa~2 -,~pril 19, 2001 ZBA Appl. No. 4900 - M. and J. Taeschler Re: 1000-63~2~27 at Southold RESOLVED, to GRANT the variance, as amended and shown on the map received 2/28/01, for a new location approximately 130 feet from Hummel Avenue, SUBJECT to the following CONDITIONS: 1. That the building remain for private storage purposes accessory and incidental to the residence. 2. No enlargement or expansion; 3. No utilities, as proposed (except that minor lighting may be permitted in the future). VOTE OF THE BOARD: AYES: Members Goehringer (C_.ba~, Dinizio Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). ~~ ~~~ ~...C~E'RARD P. GOEHRINGL~ ,,~" CHAIRMAN APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 . Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4936 - ANTHONY VIVONA Property Location: 125 Crescent Lane, East Marion Date of Public Hearing: April 5, 2001 1000-30-2-41 Findings of Fact PROPERTY FACTS: Applicant's property is at the corner of The Greenway and The Crescent in East Madon, with frontages of approximately 116 feet and 270 feet, respectively. It is improved with a frame dwelling set back 60 feet from The Greenway and 35.5 feet from The Crescent, and a 20 x 21-foot garage in the front yard on the Greenway side, set back 29 feet from the property line. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated January 8, 2001, denying a permit to erect a storage building next to the garage because such location would be in the front yard, in violation of Code Section 100-33. RELIEF REQUESTED: Applicant requeSts a variance authorizing erection of a 13 x 21-foot storage shed next to (north of) the garage, with a setback from the street line of 29 feet, which is equal to the setback of the garage. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The property has two front yards because it is on a comer. The existing frame garage has been located in the weSterly front yard for many years. Addition of a 13-foot-wide shed next to the garage, with the same setback from The Greenway, will not appreciably change the appearance of the property. Applicant testified that existing shrubbery will remain between the shed and The Greenway. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (2) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (3) The action set forth below is the minimum necessary and adequate to enable applicant to construct a storage shed in a rational location on the property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance applied for, subject to the following CONDITIONS: (1) The storage shed shall have no utilities (except electric); 'Paga 2- April ')9. 2001 ZBA AppL No. 4930 - a. Vivon~ Re: ')000-30-2-4') at East Marion (2) Tha storage shed sha~l not be expanded. VOTE OF THE BOARD: AYES: members Goehringer (Chairman), Dinizio, Tortora. Collins, and Homing. This Resolution was duly adc ERARD P. GOEHRINGER. APPEALg BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4934- PAUL J. CORAZZINI Location of Property: 67875 Main ROad, Greenport Date of Public Hearing: April 5, 2001 Parcel 1000-52-5-58.2 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 1.0475-acre lot located on the comer of the Main Road (S,R. 25) and Albertson's Lane, Greenport. The lot has two road frontages, one of 287.17 feet along Albertson Lane and 260 ff. along the Main Road. The property is located in the LI Light Industrial Zone District. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated December 18, 2000, denying an application dated November 13, 2000 for a permit to build a commercial building, for the following reasons: (1) Article XIV, Section 100-142 requires 70 ft. minimum rearyard setback, and (2) Article XIV, Section 100-143C for the reason that "no single structure shall have more than sixty (60) linear feet of frontage on one street. An amended April 4, 20001 Notice of Disapproval was issued replacing the above Notice of Disapproval, which negates the necessity for a variance under Section 100-143C as to a building frontage limitation, based on Appeal/Interpretation No. 4708 rendered by the ZBA 7/22/99. RELIEF REQUESTED: Applicant requests a variance to locate an 40x80 ft. storage building with a rear yard setback at 52 feet, instead of 70 feet, as shown on the November 7, 2000 site plan map. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because, when considering the nature of applicant's business and the size of the trucks and equipment that the applicant intends to store and work on within the proposed building, a 40x80 ft. building is the minimum size to allow adequate room. The building is proposed at the center of the lot and will be screened from the road. The immediate neighboring properties are other industrial zoned uses. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The lot is a corner lot with two front yards (100 ft. and 77 ft.). 3. The area variance is not substantial. 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The building would be built observing the 100 ft. front yard setback with a 50 ft. natural buffer along the Main Road, thereby shielding it from Pag~ 2 _ Ap~l lg, 2001 ZBA Appl. No. 4934 - P. J. Cora77ini Re: 1000-52-5-58.2 at Greenport view from most of the traffic passing by; the 77 ft. front yard setback off Albertson Lane with a natural buffer area also shields visibility of the industrial use at the property. 5. The action set forth beloW is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT approval of a setback not less than 52 feet from the rear property line, as applied for. ~oOrTn il~ gO. FTThiHsERBesOOIAuRtiDO :n wAaYsEdS~llyMa~lmopbt~l~ (G~~llins, and APPEALS*BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4922 - LEO AND VIRGINIA ALESSI Location of Property: 1700 Cedar Point Drive East, Southold Date of Public Hearing: April 5, 2001 Parcel 1000-92-1-3 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 1.27 acre parcel located along the south side of Cedar Point Drive East in Southold. The property is improved with a two-story frame house and the lot is surrounding by water on three sides, as shown on the January 20, '1987 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated December 28, 2000 denying a request under Article III, Section 100-33C to build an accessory garage, for the reason that the garage is proposed at less than 50 feet from the front property line. RELIEF REQUESTED: Applicant requests a variance to locate a proposed 24x24 garage to the north of the existing dwelling with a setback at 20 feet from the front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produCe an undesirable change in the character of the neighborhood or a detriment to nearby properties because the structure will be obscured by existing natural and landscaped plantings and is in keeping with neighboring setbacks. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance because the subject lot is in a wetland area and the location the applicant has Chosen is the only suitable area on the lot. 3. The area variance is not substantial. 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the ne ghborhood or district. 5. The difficulty has not been self-created because any building on this lot is restricted by water and wetlands on two sides. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Member Collins, it was Page 2 -April 19, 2001 ZBA Appl. No, 4922 Re: "000-92-1-3 at Southold RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. No utilities other than electric. 2. No sleeping or.overnight stay is permitted; 3. No expansion or enlargement. VOTE OF THE BOARD: AYES: Members Goehringer (C~ba~an), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5~"~'-~~ APPEALS '}3OARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4931 -JOHN LEDDY Location of Property: 5700 Pequash Avenue, Cutchogue Date of Public Hearing: April 5, 2001 Parcel 1000-110-5-36 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a corner lot with frontage along Pequash Avenue and West Road in Cutchogue. The property contains approximately 17,000 sq. ft. of land area and is improved with a single-family dwelling and accessory frame garage as shown on the map prepared by Leonard J. Strandberg, Engineer/Surveyor dated October 14, 1999. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated December 27, 2000 denying an application dated November 29, 2000 for a permit to construction alteration/addition to an existing dwelling, for the reason that the front yard setback is less than 35 feet, as provided by Article XXIV, Section 100-244 B. RELIEF REQUESTED: Applicant requests a variance to construct a 4.5 ft. by 41.5 ft. front porch addition with a setback at 16+- ft. from the front property line, at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because when the porch is built, it will break up the existing architecture at the front of the house. The small porch will also appear to be approximately 25 feet from the street due an additional ten (10) feet of right-of-way between the property line and the actual road surface. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance because this house is located on a corner. 3. The area variance is not substantial. 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was Page 2 - April 19, 2001 Z~3A AppL No. 493l -J. Leddy Re: I000-110-5-28 8t Cutchogue RESOLVED, to GRANT the variance, as apCed for. '~'~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4932 - RICHARD HOKANSON Location of Property: 1635 Nokomis Road, Southold Date of Public Hearing: April 5, 2001 Parcel 1000-78-3-33 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a vacant lot located on the east side of Nakomis Road and'contains 12,650 sq. ft. in area, with 115 ft. frontage along Nakomis Road and lot depth of 110 ft. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January 25, 2001, denying an application dated November 17, 2000 for a permit to locate a new dwelling, with a front porch which increases the lot coverage to 21%, or 143 sq. ft. over the code limitation of 20%. RELIEF REQUESTED: Applicant requests a variance for a porch at the front of the existing dwelling an increased lot coverage of 143 sq. ft. for a small porch at the front of the proposed dwelling, as shown on the January 16, 2001 survey prepared by Anthony W. Lewandowski, L.S. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Zoning Board of Appeals held a public hearing on this matter on April 5, 2001 at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Board determines the following findings to be true and relevant: 1. Grant of a one percent increase in lot coverage, over the code's maximum 21 percent, to allow for construction of a small porch will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The lot is small, 12,650 sq. ft. and the proposed construction exceeds the code limit by 143 square feet. The proposed construction is neither excessive nor out-of-keeping with other properties in the neighborhood. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance because without the variance, the applicants would not be able to build or enjoy a porch in this location. 3. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 4. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. Ps~e 2-April 19. 2001 ZgA AFC. No, 4932 - R, Hokanson Re: 1000-78-3-33 at Southold RESOLUTION: On motion by Member Tortora. seconded by Chairman Goehdnger, it was RESOLVED. to APPROVE the variance, as applied for VOTE OF THE BOARD: AYES: Members Goehr[n§er_E.(-G41~man),..Di~zio, T.p~, Co~ins, and J..GERARD P. GOEHRING ER ~) y CHAIRMAN APPF,.ALS WARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION April 19, 2001 Meeting Appl. No. 4933 - John Soto Location of ProperB,: 90 Haywaters Road (and West Cove Road formerly Northwest Loop), Cutchogue; 1000-111-2-4 Date of Public Hearing: April 5, 2001. Findings of Fact PROPERTY FACTS: Applicant's 22,890 sq. f. parcel, located on Nassau Point, Cutchogue, has frontage of 60.45 feet on West Cove Road and 131 feet on Ha~vaters Road, with depth of 356.6 feet on the north and 431.17 feet on the south. It is improved with a frame house set back at its closest points about 35 from Haywaters Road and 285 feet from West Cove Road. 0 BASIS OF AP1SEAL: Building Inspector's Notice of Disapproval, dated January 25, 2001, denying a permit to construct a swimming pool, to be located on the easterly (West Cove Road) side of the house because such location would be in the front yard in violation of Code section 100-33. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant's property is long but narrow. The frontages on West Cove and Haywaters Roads result in there being two front yards. The easterly front yard facing West Cove Road is very deep, wooded, and functionally is the rear yard. (2) There is no room for a pool on this property except in the easterly yard facing West Cove Road. To build a pool, applicant requires a variance. (3) The proposed pool location is more than 200 feet from West Cove Road and raises none of the problems that might be associated with a front yard location for an accessory structure such as a pool. For this reason, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (2) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (3) The action set forth below is the minimum necessary and adequate to enable applicant to construct a swimming pool on the property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. P~'ge 2 - April 19, 2001 Appl. No. 4933 - J. Soto 1000-111-2-4 at. Cutchogu¢ RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance applied for. VOTE OF THE BOARD: Ayes: Members Goe~ng~irman), Dinizio, Tortora Collins, and Homing. This Resolution was duly adopted, bSa0). /,/~[ RARD P. GOEHR1NGJER, CHAirMAN '~tPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4935- E. M. KONTOKOSTA Location of Property: 56765 North Road, Greenport Date of Public Hearing: April 5, 2001 Parcel 1000-44-1~27 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of approximately 35,000 sq. ft. in area, with 114.23 ft. of road frontage, located along the north side of the Middle Road (or North Road, C.R. 48) in Greenport. The property is improved with a one-story dwelling as shown on the map prepared by Kontokosta Associates Engineers & Architects. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January 18, 2001 denying an application dated January 5, 2001 for a permit to construct an in-ground swimming pool. The reason for the disapproval is that the pool is less than 100 feet from the bank on the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for a proposed 20x40 ft. swimming pool with decks areas, which reduce the bank setback from the existing 122.5 feet to the retaining wall, to 50 feet minimum from the retaining wall. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) Granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The property is located on Long Island Sound in an area that is relatively flat, with no bluff or steep elevations. The property contains a beach (with bulkhead), and a cement retaining wall. The elevations between the top of the bluff - or the retaining wall - and the beach are not significant, and range from approximately I ft. to 3 ft. No evidence was presented to suggest that proposed swimming pool and deck addition would be a detriment to nearby properties or have adverse impacts on the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than a variance because the proposed location is the most practical one for the swimming pool and deck addition. The only other area to locate the pool and deck 'that could possibly be conforming is on the southerly roadside part of the property, which contains a ddveway and landscaping. A southerly roadside location would not afford the applicant privacy for use of the pool, nor the neighbors privacy from view of the pool. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed swimming pool and deck addition will have an adverse impact on physical or environmental conditions. .Page 2 - A~pri119, 2001 Appl. No 4935 - E. Kontokosta 1000-44-1-27 at Greenport In considering this application, the Board deems this action to be the minimum necessary and adequate to enable applicant to enjoy the benefit of a swimming pool with deck, while at the same time preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITION: 1. That the pool and deck areas not be roofed or structurally enclosed; 2/ That lighting be shielded to the ground and not glare onto neighboring lands. VOTE OF THE BOARD: AYES: MEMBERS..~ER (C. haif~an), DINIZIO, TORTORA, COLLINS and HORNING. This Resolutio0.WAs duly ~i~'pted (5~6). /) / ~ / APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4926 A & B - JON C. KERBS Location of Property: 60105 Main Road, Southold Date of PUblic Hearing: April 5, 2001 Parcel 1000-56-3-11 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located along the north side of the Main Road (a/k/a State Route 25) in Southold. The lot consists of 7500 sq ft. with 60 ft. frontage along the Main Road and a depth of 125 feet. The property is improved with a one-story trailer and accessory frame garage as shown on the survey map prepared by Anthony W. Lewandowski, L.S. dated October 2, 2000. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated March 5, 2001 denying an application dated January 2, 2001 for a permit for lot creation with existing structures, under the current 'regulations, Article XV, Section 100-151 for the reason the lot does not meet the size requirement of the current zoning ordinance of 80,000 sq. ft. in the R-80 Zone, and Article XXIV, Section 100-244B for the reason the side yard setback of existing structures are less than ten (10) feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests area variances for a lot created in 1958, which size is less than 12,500 sq. ft. and lot width of 100 feet, the minimum provided in Bulk Schedule AA for the time pedod between April 9, 1957 and December 1, 1971. Also requested are setback variances for a dwelling structure (trailer) which does not meet the current code setbacks for a principal dwelling at 10 feet minimum on one side, and for an accessory garage at less than three (3) feet from the property line for properties containing 7500 sq. ft. INFORMATION AND EVIDENCE: The Zoning Board held a public hearing on April 5, 2001 on this matter, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Board finds the following findings of facts to be true and relevant: The lot and trailer on it have existed since 1958 with no apparent harm or detriment to the community. No testimony was presented during the public hearing to suggest that the size of the lot has had an adverse impact on the neighborhood or altered the character of the neighborhood during the 44 years of its existence. B. The lot was created by deed dated April 23, 1958, which was recorded in the Office of the Suffolk County Clerk on April 28, 1958 at Liber 4453 page 73. Page 2 -April 19, 2001 ZBA Appl. No. 4926 - J. Kerbs Re: 1000-56-3-11 at Southold Applicant's predecessor was issued a valid trailer permit, dated September 25, 1958, by the Town Board, Town of Southold, to maintain a trailer on the lot in question, "indefinitely, unless revoked for cause." No evidence was presented to suggest that the Town Board sought to revoke the permit at any time during the 44 years. D. The applicant wishes to improve the property and has agreed to remove the trailer within a reasonable time. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Use of the property as a nonconforming lot with a nonconforming structure has existed since 1958 with no detriment to the community. Grant of the variance will provide for the elimination of the nonconforming trailer, which will enhance and improve the lot, and therefore be a benefit to the surrounding properties and neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than area variances because the lot is substandard in size and the setback of the trailer is preexisting. Without the variance, the trailer would remain on the lot indefinitely until it deteriorated; and the lot could not be improved. 3. The requested area variance is substantial. 4. Grant of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence was presented to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable applicant to enjoy the benefit of a new dwelling, replacing the existing nonconforming trailer, while at the same time preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION: Now, therefore, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE the application as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall remove the trailer from the property within three years of the date of this decision; 2. The applicant agrees to maintain the trailer in good condition so that it does not become Page~-April 19, 2001 ZBA Appl. No. 4926- J. Kerbs Re: 1000-56-3-11 at Southold deteriorated before it is removed. Vote of the Board: Ayes: Member Tortora, Co~d Horni. Q~Q~. Nays: Members Goehringer (Chairman) and Dinizio. This ReSol~t~li~was~ly ad, C'~ted_.,,~ /'/ /~"(~ERARD P. GOEHRINGER / .,~ CHAIRMAN ' APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O~ Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4929 - GRACE CANTONE Location of Property: 23 0 5 P ar k Ave, Date of Public Hearing: April 5, 2001 Ha'ct;±~cu c kParcel 1000-123-3-21 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located along the north side of the Park Lane and BUngalow Lane in Mattituck. The lot consists of 35,862 sq. ft. in area. The property is improved with a one-story trailer and accessory frame garage as shown on the survey map prepared by Anthony W. Lewandowski, L.S. dated October 2, 2000. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January 23, 2001 denying an application dated November 9, 2000 for a permit to construct addition to existing dwelling. The reason for the disapproval is that the project is proposed with a front yard setback of 34 feet on Park Avenue frontage. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for a proposed addition, which reduces the front yard setback from the existing 37.4 feet to 34 feet at its closest point. The addition is more particularly shown on the applicant's survey prepared October 22, 1999 by Peconic Surveyors, P.C. REASON FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not be a detriment to nearby properties. Applicant's property contains two front yards on Park Avenue and Bungalow Lane. The existing dwelling and proposed addition are diagonal to both streets, creating a small (approximately 20 square foot) triangular area of the proposed addition which overlaps into the required front yard area. The proposed addition is in keeping with the line and overall appearance of the existing dwelling' and others in the neighborhood. Grant of the variance will not produce an undesirable change in the character of the neighborhood. 2: The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the property contains two front yards and a small corner of the addition juts into one of the required front yard areas. If the addition were relocated to the northwest corner of the dwelling, a side yard variance would be required. The property is also a waterfront lot, subject to environmental restrictions which limit alternative locations on the waterfront side. There are no other feasible locations on the property which would not require a variance for the proposed addition. 3. The granted area variance is not substantial and represents a 3.4 ft. increase (for a total area of Page 2 - April 19, 2001 ZBA Appl. No. 4929 - G. Cantone Re: 1000-123-3-21 at Mattituck 20 square feet) in the existing front yard setback of 37.4 feet. 4. The difficulty has not been self-created and relates to the physical and environmental constraints of the lot. 5. The proposed variance will not have adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed addition does not encroach into the property's environmentally restricted areas. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to APPROVE the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins. (Member Dinizio left the room for a brief period and was a~ing this res~ion.) .This Resolution was duly adopted (4-0). .,///"~ ~ / '////'~/~~/--"z..~'/.-" ~¢(,,~/~/~~~ ~ ?'GERARD P. GOEHRII~GER CH,A/f~MAN