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HomeMy WebLinkAboutZBA-08/16/2001APPEALS 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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES THURSDAY, AUGUST 16, 2001 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, August 16, 2001 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was: Lydia A. Tortora, Member (due to illness). 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEWS: Goehringer, seconded by Member Collins, 'it was On motion offered by Chairman RESOLVED, to declare the following project categories: Type II Actions (not subject to further steps_): Appl. No. 4957- Appl. No. 4983 - Appl. No. 4977 - Appl. No. 4981 - Appl. No. 4984 - Appl. No. 4958- Appl. No. 4978 - Appl. No. 4979 - Donald McNeill Joyce G. Monk and J. Brown Gale Alexander Vicky Papson S. and P. Constan ' A. Marinakis J. and L. Genovese F, Mazurowski. Unlisted Action with Negative Effect on the Environment was confirmed for th.=. followin.q r)roiect, as applied for: Appl. No. 4980 - MARYANN PRICE. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Collins, and Page 2 - Minutes ZBA Regular Meeting August 16, 2001 Horning. (Absent due to illness: Member Tortora). (4-0). This Resolution was duly adopted I1. PUBLIC HEARINGS: Please see the written Transcripts of statements made during each of the following hearings, prepared separately: 6:37 - 6:40 p.m. Appl. No. 4957 - DONALD McNEILL. This is a request for a Variance under Article IliA, Section 100-30A.3, Bulk Schedule of the Zoning Code, based on the Building Inspector's April 30, 2001 Notice of Disapproval concerning a proposed lot line change. Applicant proposes to reduce the road frontage of one lot from 122 feet to 102+- feet and lot area from 19,534+- sq. ft. to 14,512 sq. ft., and increase the road frontage and lot size for the remaining lot. Both lots are improved. Location: 1380 Village Lane, Orient; Parcel No. 1000-25-1-27.1. Mr. Donald McNeill appeared in behalf of his application. (No objections were offered from anyone in the audience during this hearing.) Following testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). DELIBERATION/DECISION: Following the close of the hearing for Appl. No. 4957 - Donald McNeill, the Board deliberated and action was taken approving the application as applied for. Please see official Findings, Deliberation and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein. (The official action is on file with the Office of the Town Clerk.) 6:40 - 6:57 p.m. Appl. No. 4983 - JOYCE G. MONK and J. BROWN. This is a request for Variances under Article IliA, Section 100-30A.3, based on the Building Inspector's May 2, 2001 Notice of Disapproval which states that the proposed lot line change on two separately owned nonconforming lots does not create new lot sizes that meet the minimum lot size requirements of the bulk schedule of 40,000 sq. ft. each. Location: 130 Oak Street and 170 Oak Street, Cutchogue; Parcels No. 1000-136-1-53 and 52. MaryLou Folts, attorney for the applicants, offered testimony and information regarding this application. Mr. Brown was also present and offered support to the application. (No objections were offered from anyone in the audience during this hearing.) Following testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). DELIBERATION/DECISION: Following the close of the hearing for Appl. No. 4983 - Joyce Monk (and J. Brown), the Board deliberated and action was taken approving the application as applied for. Please see official Findings, Deliberation and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein; the original has been filed with the Office of the Town Clerk. Page 3 - Minutes ZBA Regular Meeting August 16, 2001 HEARING CANCELED BY APPLICANT: Appl. No. 4952 - KATHRYN CAMPBELL. Charles R. Cuddy, attorney for the applicant, confirmed the applicant's request to withdraw this application and canceled the hearing. BOARD RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to confirm the application withdrawn as requested by the applicant. This Resolution was duly adopted (4-0). DELIBERATION/DECISION: Appl. No. 4976 - MICHAEL MCALLISTER. The Board Members deliberated and action was taken approve the application as amended, and with several conditions. Please see official Findings, Deliberation and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein. (The official action is on file with the Office of the Town Clerk.) I1. PUBLIC HEARINGS, continued: 6:58 - 7:10 p.m. Appl. No. 4977 - GALE ALEXANDER. This is a request for a Variance under Article XXlV, Section 100-242B.1, based on the Building Inspector's May 8, 2001 Notice of Disapproval for a proposed accessory garage, after demolition of an existing nonconforming garage. The basis of the Disapproval reads "a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50) percent of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule." Applicant is proposing demolition of existing garage in a nonconforming front yard location and constructing a larger new accessory storage garage in a front yard location at three (3) feet from the closest property line. Location: 540 Town Harbor Lane, Southold; Parcel 1000-62-3-41. Mr. G. Alexander appeared and spoke in behalf of his application. (No objections were offered from anyone in the audience during this hearing.) DELIBERATIONS/DECISION: Following testimony, the Board deliberated and approved the application with condition(s). Please see official Findings, Deliberation and Determination of the Board - the original of which was filed with the Town Clerk's office. 7:10 - 7:20 p.m. Appl. No. 4978 - JEANNE AND LOUIS GENOVESE. This is a request for a Special Exception to authorize an Accessory Bed and Breakfast as provided under Article III, Section 100-31B14 of the Zoning Code, for the renting of up to three rooms in the applicant's owner-occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers. Location: 580 Skunk Lane, Cutchogue; Parcel No. 1000-97-3-11.6. Mr. and Mrs. Genovese were present regarding their application. (No objections were offered from anyone in the audience during this hearing.) Following testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). Page 4 - Minutes ZBA Regular Meeting August 16, 2001 DELIBERATIONS/DECISION: Following the close of the hearing, the Board deliberated and approved the application without conditions. Please see official Findings, Deliberation and Determination of the Board - the original of which was filed with the Town Clerk's office. 7:20 - 7:22 p.m. Appl. No. 4979 - FLORENCE MAZUROWSKI. This is a request for a Special Exception to authorize an Accessory Bed and Breakfast as provided under Article III, Section 100-31B-14 of the Zoning Code, for the renting of up to three rooms in the applicant's owner-occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers. Location: 11005 Main Road, East Marion; Parcel No. 1000-31-4-29. Mrs. Mazurowski and her daughter appeared and spoke in behalf of this application. (For the record it is noted that no objections were offered from persons in the audience during the hearing.) Mrs. Mazurowski and her daughter were present regarding this application. Following testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). DELIBERATIONS/DECISION: Following the close of the hearing, the Board deliberated and approved the application without conditions. Please see official Findings, Deliberation and Determination of the Board - the original of which was filed with the Town Clerk's office. (Agenda Item IV-A & B). RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Members Collins, to approve the Minutes of the following Meetings: May 3, 2001 July 12, 2001. This Resolution was duly adopted by all the members present (4-0). (Agenda Item IV-C). RESOLUTION. Motion was offered by Chairman Goehringer, seconded by Member Dinizio, to close the written portion of the application record in the Matter of Appl. No. 4944 - LIPA/KEYSPAN/SMITH effective today. This Resolution was duly adopted (4-0). HEARING CANCELED BY APPLICANT: The applicant has indicated to the office staff that a new application may be filed regarding different relief, based on their new application to the Building Department for two-family dwellings instead of multiple family dwellings. Page 5 - Minutes ZBA Regular Meeting August 16, 2001 Appl. No. 4927 - KACE LI, INC. BOARD RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to confirm Appl. No. 4927 in the Matter of Kace L.I. Inc. (for relief as multiple-family uses on vacant land) is withdrawn without prejudice. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Collins, and Horning. (Member Tortora was absent due to illness.) This Resolution was duly adopted (4-0). I1. PUBLIC HEARINGS, continued: 7:22 - 7:52 p.m. Appl. No. 4974 - R. HAMMEL (Owner, J. Dempsey). [Continued Hearing from July 12, 2001 for more information]. Section 100-232A and 100-244B Variances for setback reductions for a proposed dwelling at 2155 Cedar Avenue, Southold; Parcel No. 1000-77-1-25. C. Mesiano, agent for the applicant, spoke and offered testimony in behalf of the application. During tonight's hearing, an amended plan for a smaller building and greater setbacks was submitted by the applicant for Board consideration. After receiving testimony on the recent plan, the Board also discussed with Mrs. Kathy Campbell, an adjacent property owner, her letter requesting additional time for Phil Cardinale, her attorney, to review and comment on the recent plan, with a need for more time since the plan was not available to them prior to this hearing. Mrs. Haigh (Cedar Drive), another neighbor requested time to respond through her attorney. Mr. Harry Baten also spoke regarding a three-phase plan, hay bale placement and other information related to this project. Following testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to recess the hearing to August 28, 2001 at 7:00 p.m. to allow time for the neighbors to respond. This Resolution was duly adopted (4-0). 7:52 - 8:01 p.m. Appl. No. 4980 - MARYANN PRICE. This is a request for a variance under Article IX, Section 100-92, based on the Building Inspector's May 12, 2001 Notice of Disapproval which states that the subject lot is 33,976+- sq. ft., there is currently a two-family dwelling use and a take-out/catering business use on the property; that the addition of the third use would require a minimum of 60,000 sq. ft. of land area. Proposed use: Outdoor Antique sales/display. Zone District: Hamlet Business. Location of Property: 730 Love Lane, Mattituck; Parcel 1000-140-2-18. MaryAnn Price offered testimony in behalf of her application, and indicated there was support received from some of the nearby businesses. (No one spoke in opposition to this project during the hearing at this time.) Following testimony, a motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). Page 6 - Minutes ZBA Regular Meeting August 16, 2001 8:02 - 8:12 p.m. Appl. No. 4981 - VICKI PAPSON. This is an application requesting a variance under Article III, Section 100-32 Bulk Schedule, based on the Building Inspector's May 29, 2001 Notice of Disapproval for the reason that a proposed lot has less than 150 ft. of width in this proposed division of land. Location: 11120 Main Road (near Truman's Path), East Marion; Parcel 1000-31-13-7. Mrs. Papson appeared and spoke regarding her application. Questions were reaised at the hearing by Dan McCannogue of Truman's Path about ingress and egress to the property. After receiving testimony, Chairman Goehringer moved to close the hearing, seconded by Member Horning, and duly carried. This Resolution was duly adopted (4-0). 8:12 - 8:30 p.m. Appl. No. 4939 - JANET WOCKENFUSS. (Continued hearing for more information). Variance under Article XXlV, Section 100-244B for dwelling location with a front yard setback at less than forty (40) feet, and under Article III, Section 100-239.4A.1 at less than 100 feet from the top of the Long Island Sound bluff. Location: 2386 Hyatt Road, Southold; Parcel 1000-54-1-4. Pat Moore, Esq. appeared and spoke in behalf of the applicant. After a lengthy discussion period with Mrs. Moore, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). 8:31 - 8:49 p.m. Appl. No. 4984 - S. and P. CONSTAN - This is a request for a variance, based on the Building Inspector's May 30, 2001 Notice of Disapproval, for proposed alterations to one-family dwelling with third-story height, rather than 2-1/2 stories as provided under Article III, Section 100-32. Location: 6002 Indian Neck Lane, Peconic; Parcel 1000-98-5-17.5. Architect Thomas Samuels spoke in behalf of the applicants. Architect Tom Samuels appeared and spoke in behalf of the applicant. After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the verbatim portions of the hearing, keeping the written portion open for a response from Mr. Samuels regarding a fire sprinkler system location by 8/28. This Resolution was duly adopted (4-0). 8:50 - 9:10 p.m. Appl. No. 4958 - ARTEMIOS MARINAKIS. This is an application for a Variance under Article III, Section 100-31C.4, based on the Building Inspector's April 23, 2001 Notice of Disapproval for a proposed tennis court structure with fence enclosure. The new tennis court construction is proposed on a vacant parcel, without a residence, at 1495 Cedar Drive, East Marion; also shown as Lot 23 on the Map of Highpoint, Section I; Parcel No. 1000-22-5-23. P. Moore, attorney for the applicant, offered testimony and submitted information in support of the application. M. Rand spoke with questions. (Please see the written transcript of statements offered during the hearing.) RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation on October 18, 2001 during the Regular Meeting. This Resolution was duly adopted (4-0). HEARING CANCELED BY APPLICANT: Appl. No. 4950 - GEORGE KOUGENTAKIS. (Carryover from prior calendars at the applicant's request for additional time to submit Page 7 - Minutes ZBA Regular Meeting August 16, 2001 drainage information.) Variance Project located at 1725 Willow Odve East Marion; 1000- 22-5-7. A letter was received requesting a postponement for the applicant. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to postpone the hearing without a date. This Resolution was duly adopted (4-0). End of hearing calendar. IlL DELIBERATIONS/DECISIONS. 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 am attached to this set of Minutes: Appl. No. 4981 - Vicky Papson. Approved. Appl. No. 4939 - Janet Wockenfuss. Approved with conditions. Deliberations Only: Appl. No. 4980 - MaryAnn Price. The Board discussed a possible on-year permit with conditions, to be discussed and drafted at the next meeting of the Board. No vote was taken at this time on this application. (Agenda Item V. EXECUTIVE SESSION was not called.) Them being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 9:40 p.m. Respectfully submitted, A/~c°piesVeo~ ;oG:~crde~l~;l~or~:~ec~is~oainr::tt~ched= (8) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 Appl. No. 4977 - GALE ALEXANDER Location of Property: 540 Town Harbor Lane, Southold Date of Public Hearing: August 16, 2001 1000-62-3-41 FINDINGS OF FACT PROPERTY FACTS: The subject property is a lot of 24,767 sq. fi. at the corner of Town Harbor and L'Hommedieu Lanes in Southold. It is improved with a 2-story frame house facing Town Harbor Lane and a frame garage, measuring about 18 x 19 feet, located three feet offthe lot line on L'Hommedieu Lane but facing into the property. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated May 8, 2001, denying a permit to demolish the garage and replace it with a new garage, because the proposed structure, like the current one, is three feet from the lot line whereas a 40-foot setback is required in this front yard location under Code section 100-244 AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing demolition and reconstruction as proposed in the building permit application and materials submitted to this Board. 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 state that the existing garage is about 100 years old. They Wish to replace it with a new structure of very similar appearance but several feet wider and deeper, in the same location as the existing garage. 2. Compliance with the 40-foot setback requirement would place the garage in the middle of what functions as the rear yard of the house, and would require significant removal of trees. The house is only 23.4 feet from the lot line on L'Hommedieu Lane. A 40-foot setback for the new garage would substantially change the appearance of the property. 3. Houses on L'Hommedieu Lane generally face other roads, and their frontages on the Lane are functionally side or rear yards. The existing garage has been part of that street Page 2 - Aagtmt 16, 2001 Appl No. 4977 -G. Alexander I000-62-3-41 at Southold scene for a century, and replacement with a very similar structure will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. If the garage location were in fact a rear yard, a setback of 5 feet from the lot line would be required under Code section 100-33B. The Board believes that this setback should be observed by the new structure. 5. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. 6. The action set forth below is the minimum necessary to enable applicants to replace a long-existing garage 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 Member Horuing, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing construction of a 24 x 20-foot garage, as proposed in materials submitted by applicant, in substantially the same location as the existing garage but set back at least five feet from the lot line on L'Hommedieu Lane, with electric service but no other utility to be permitted in such garage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Horning, and Collins. (Member Tortora was absent ~,~ to illness.) This Resolution was duly adopted (4-0). td~~7~ Approved for Filing APP'~EALs"~B OARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-i809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 16, 2001 Appl. No. 4978 - JEANNE and LOUIS GENOVESE, Applicants/Owners. STREET & LOCALITY: 580 Skunk Lane, Cutchogue Parcel No. 1000-97-3-11.6 DATE OF PUBLIC HEARING: August 16, 2001 REQUEST MADE BY APPLICANT: A Special Exception is requested under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2- 7-9) for the applicant's proposed Bed and Breakfast, accessory to the their residence in the existing single-family dwelling, with up to three (3) bedrooms (maximum) for lodging and serving of breakfast to not more than six (6) casual, transient roomers. PROPERTY DESCRIPTION: This property contains approximately 2.6 acres n total land area and fronts along Bay Avenue (a/Ida Skunk Lane) in Cutchogue. The property is improved with a single-family dwelling which is maintained and used as the owners' residence. OTHER INFORMATION: A minimum of five (5) parking spaces (three for the Bed and Breakfast Use and two for the single-family dwelling) is required under the Zoning Code and are proposed on-site as shown on the applicant's diagram submitted with this request. The applicants are the owners and agree to occupy the dwelling as their principal residence, and understand that a Certificate (of Occupancy or Compliance must be obtained from the Building Department before occupancy as a Bed and Breakfast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the Distdct in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-owner's residence in this dwelling and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 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 by this accessory use. This accessory use is subject to further review by the Building Department under the New York State Fire and Building Codes (which is not in the jurisdiction of the Board of Appeals). 5) This accessory use is an authorized zoning use subject to a Special Exception review and Page 2 - August 16, 2001 Ap~. No. 4978 - L. & J. Genovese 1000-97-3-11.6 at Cutchogue approval by the Board of Appeals and a Certificate for Occupancy from.the Building Inspector for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT the application as applied for. VOTE OF THE BOARD: Ayes: Members Gerard P, Goehdnger (Chairman), James Dinizio, Jr., Lora Collins, and George Horning. (Member Tortora was absent due to illness.) This Resolution was duly adopted (4-0). ~ Approved for Filing cPa$¢ 2 of 2 APPEAI..~ B~ARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 16, 2001 Appl. No. 4979 - FLORENCE MAZUROWSKI, Applicant-Owner. STREET & LOCALITY: 11005 Main Road, East Marion Parcel #1000-$1-4-29 DATE OF PUBLIC HEARING: August 16, 2001 REQUEST MADE BY APPLICANT: A Special Exception is requested under Article Ill, Section 100-30A.2B and 100-31 B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9) for the applicant's proposed Bed and Breakfast, accessory to her residence in the existing single- family dwelling, for three (3) bedrooms, for lodging and serving of breakfast to not more than six (6) casual, transient roomers. PROPERTY DESCRIPTION: This property contains an acre of land area and fronts along the north side of Main Road (S.R. 25) in East Marion. The property is improved with a two-story, single-family dwelling which is maintained and used as the owners' residence. Also existing on the property are two accessory buildings to the north of the dwelling OTHER INFORMATION: A minimum of five (5) parking spaces (three for the Bed and Breakfast Use and two for the single-family dwelling) is required under the Zoning Code and proposed on-site as shown on the applicant's diagram submitted with this request. The applicant is the owner and agrees to occupy the dwelling as her principal residence, and understands that a Certificate (of Occupancy or Compliance must be obtained from the Building Department before occupancy as a Bed and Breakfast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-owner's residence in this dwelling and will not prevent the ordedy and reasonable use of adjacent properties and the use has adequate parking and available open space. 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 by this accessory use. This accessory use is subject to further review by the Building Department under the New York State Fire and Building Codes (which is not in the jurisdiction of the Board of Appeals). 5) This accessory use is an authorized zoning use subject to a Special Exception review and Page 2 - August 16. 2001 ,~ .~ .Appl. No. 4979- F. Mazurowski V" \. 1000-31-4-29 at East Mrion approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTiON/RESOLUTION: On motion by Chairman Goehdnger, seconded by Member Homing, it was RESOLVED, to GRANT the application as applied for. VOTE OF THE BOARD: Ayes: Members Gerard P. Goehringer (Chairman), James Dinizio, Jr., Lora Collins, and George Homing. (Member Tortora. was absent due to illness.) This Resolution was duly adopted (4-0). ~..4//~,.~,~f... ~.. ~, GERARD P. CCU_', ',R',:',:G,"-R, C; ;AiR;v~At,I - APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 ApPl. No. 4976 - MICHAEL McALLISTER 1000-51-1-3 STREET & LOCATION: 17665 SoundView Avenue, Southold DATE OF PUBLIC HEARING: July 12, 2001; July 19, 2001. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant (after demolition of a house and pool which existed several months ago). The lot consists of 85,802 sq. ft. in area and 150 ft. of road frontage along the north side of Soundview Avenue in Southold. Roughly 20 percent of the property is located below the top of the bluff and extends to the L.i. Sound. BASIS OF APPLICATION: Building Department's May 31, 2001 Notices of Disapproval: (1) for a new single-family dwelling in violation of Section 100-239.4A.1, which requires 100 ft. setback from the top of the bluff, and (2) under Section 100-239.4A.1 for a new in-ground swimming pool in violation of the 100 feet setback from the top of the bluff and at 23 feet at its closest point to the westerly side property line,, and (3) for a proposed location of 'an accessory garage 20' x 20' in size, in violation of Section 100-33B.4, which requires a minimum of 20 feet from the side lot line. AREA VARIANCE RELIEF REQUESTED: In the original request, shown on the survey dated June 1, 2000, the applicant requested a new in-ground swimming pool location at 48 feet from top of the bluff, to replace the former swimming pool, which was located closer to the bluff. Also proposed on the June 1, 2000 survey was a new dwelling with open deck at 62 feet from the top of the bluff at its closest point, to replace the former house which existed closer to the bluff. (The garage was removed from the June 1, 2000 proposal.) At a subsequent hearing held on July 19, 2001, applicant submitted an amended map dated July 18, 2001 proposing modified building setbacks as follows: (a) for a new principal building at 70 feet from the topographic crest of the bluff at its closest point, (b) for a 16'x32' accessory swimming pool structure at 50 feet at its closest point to the crest of the bluff, and (c) for a 20'x20' accessory garage in a front yard location, 10 feet from the westerly side property line. REASONS FOR BOARD ACTION~ DESCRIBED BELOW' On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following considerations: 1. Applicant relied upon the Building Department's request to remove utilities from the Page 2 -August 16. 2001 Appl. No. 4976 - M. McAllister Re: 1000-51-1-3 at Southold former house location, situated closer to the existing tiered bluff area. The relief requested in this appeal was submitted after the ruling by the Building Department (for removal of utilities), then applicant demolished the former dwelling. Based on this reliance, applicant then found that there were no vested rights to the former nonconforming building setbacks. 2. Applicant is requesting 50 feet, as amended from the original request, for the accessory swimming pool, and 70 feet for the principal building (dwelling with or without a deck) at its closest point to the top crest of the bluff. Based on applicant's testimony relief upon by this Board at the hearings, and evaluation from the Suffolk County Soil and Water Conservation District and testimony received from the applicant's consultant regarding knowledge of similar bluff areas, that there will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Therefore, upon this reliance, the Board is requesting mitigation to replant and stabilize both the toe of the bluff and for adjacent bluff of stone wall along entire toe of bluff, and appropriate replanting at entire face of bluff defaced by storm damage. 3. Applicant indicated at the hearing that if this variance is granted, that applicant's agree to abide by the setbacks as confirmed on the new survey dated July 18, 2001, for a new swimming pool at 50 feet from the top of the bluff, and new dwelling at 70 feet from top (second landward) tier of bluff that the granting of this application be conditioned and relied upon and agreeing to the requirement that a Certificate of Occupancy be issued only after an inspection by a Town designated agent, or ZBA representative. 4. The action set forth below is the minimum necessary to achieve a reasonable location for the dwelling and accessory structures, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/BOARD ACTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT setback relief, as applied for and shown on the July 18, 2001 amended survey map, subject to the FOLLOWING CONDITIONS for appropriate landscaping and other measures: Installation of a modified revetment with two tiers of stone or other appropriate material, to meet the approval of applicable environmental agencies, shall be completed as proposed at toe of bluff along frontage of applicant's property. Appropriate replanting of defoliated areas along, at the toe, and upper areas of the bluff with appropriate materials shall be completed as confirmed in the ZBA record and agreed to by applicant's agent and the owner. 3. Appropriate replanting of all areas affected by replacement of stairwell to the beach. Setback of pool, including any deck, shall be at least fifty (50) feet to existing and proposed wood retaining wall indicated on survey submitted by John Ehlers dated 71t8101. 'Page 3 -'August 16, 2001 Appl. No. 4976 - M McAIlister Re: 1000-51-1-3 at Southol(~ The principal building (house) replacement, including any deck, shall be at least seventy (70) feet to the crest of the bluff indicated on the 7/18/01 survey prepared by John Ehlers. 10. 11. 12. Proposed accessory garage shall be located not closer than 10 feet to the westerly property line, and greater than 100 feet from the top of the bluff. The Zoning Board, its Chairman, or other representative, reserves the right to inspect the property during and after all phases of 'construction. That there be no storm water runoff which will cause erosion or damage to the bluff areas, and that roof runoff be directed into storm water drains on site landward of the dwelling or at least 100 feet from the top of the bluff. All roof drainage and surface water from this site shall be directed away from the bluff and retained in dry well (s) on this property. Hay bales shall be placed at 45 feet from the top of the bluff for the entire width of the property; Re-grading activities shall be limited to that applied for and referred to on Architect's site plan dated August 5, 2000. No further bluff setback reduction. The foundation over-cut shall not extend more than 15 feet around the house and no closer than 55 feet from the top of the bluff. No land disturbance, other than limited excavating for French drains to catch water runoff and recommended by the Town Trustees. 13. The areas located within 70 feet of the bluff around the pool and north of the house areas shall remain as vegetated ground cover (lawn or other vegetation). 14. That there be no heavy machinery or heavy equipment within 50 feet of the top of the bluff. This Action does not grant or create any nonconforming use, nor does this action encourage a certificate of occupancy, or any use or building in violation of the zoning code, whether such uses exist at the time of this determination or otherwise. VOTE OF THE BOARD: AYES: Members Goehdnger, Dinizio, Collins, and Horning. (Absent due to illness was Member Tortora~ly adopted (4-0). Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 Appl. No. 4957 - DONALD McNEILL (and KATHY CAFFERY) Location of Property: 1380 Village Lane, Orient; Pame11000-25-1-27.1 and 26.1 Date of Public Headng: August 16, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of two parcels improved with a dwelling and accessory buildings. The properties are located on the westedy side of Village Lane (opposite Orchard Street intersection). The northerly parcel (1000-25-1-26.1) consists of an area of 4,025 sq. ft. with 35 ff. road frontage, and the southerly parcel (1000-25-1-27.1) consists of an area of 19,534 sq. ft. and 122.68 ft. road frontage. BASIS OF APPEAL: Article IliA, Section 100-30A.3, Bulk Schedule of the Zoning Code, based on the Building Inspector's Notice of Disapproval dated April 30, 2001 in this proposed lot line change for the reason that one of the lots will be have a reduced nonconforming frontage (lot width) from 122.68 feet to 102.68 feet and nonconforming lot area from the existing 19,534 sq. ft. to 14,512 sq. ft. The Code requirement is for a minimum of 150 ft. of lot width and minimum lot area of 40,000 square feet in this R-40 Low-Density Residential Zone District, or with the preexisting nonconforming lot sizes. RELIEF REQUESTED: Applicant requests a variance in this application for a proposed lot line change, which will reduce the road frontage of the first lot from 122 feet to 102+- feet and lot area from 19,534+- sq. ft. to 14,512 sq. ff., while increasing the road frontage and lot size for the remaining second lot. The remaining lot will be increased from 35 feet of lot width to 55 feet, and lot area from 4,025 sq. ff. to 8,897 sq. ff. 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 resulting lot sizes will more closely resemble the average lots in the area, most of which are nonconforming. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The lots are improved with buildings and there is no other land area available. 3. The area variance is not substantial and resemble the same deeded lot size and other lot sizes in the neighborhood. Page 2 -August 16, 2001 ZBA AppI. No. 4957 - D. McNeill 1000-25-27.1 and 26.1 at Orient 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No additional dwellings will be created by this project. 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. BOARD RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Collins, and Homing. (Member Tortora was absent due to ~)~Th'~ s~,~ti_o_n._was duly adopted (4-0). Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DECISION MEETING OF AUGUST 16, 2001 Appl. No. 4983 - JOYCE G. MONK 1000-136-1-53 (and 52 of J. Brown) Location of Property: 130 Oak St., Cutchogue Date of Public Hearing: August [6, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a lot of 15,273 sq, fi, with frontage of 49.55 feet on Oak Street in Cutchogue and depth of 230 feet (North) and 166 feet (South) to Eugene's Creek. It is improved with a 1-1/2 story frame house. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated May 2, 2001, denying a request to move the northerly lot line 7.45 feet to the south because the resulting lot, at 13,716 sq. ff., is less than the 40,000 sq. fi. required in the R-40 zone. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the reduction of her lot by 1557 sq. fi, by sale ora strip 7.45 feet wide along the northern boundary to her neighbor, James Brown (SCTM 1000-136-11-52). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Lots in this neighborhood are small and the houses, which predate zoning, are close together. The ot of apphcant s northerly neighbor, James Brown, is so narrow that his house lies virtually on his northerly and southerly lot lines. He cannot go from his front to his rear yard without passing over applicant's property. 2.Applicant proposes to sell a 7.45-foot strip to Mr. Brown, giving him a southerly side yard of +/- eight feet. His lot will increase from 9972 to 11,529 sq. ft. 3. The proposed lot line change will have no effect on the appearance of the properties and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There ~s no evidence that grant of the requested variance will have an adverse effect or impact on physical or enviromnental conditions. 5. The action set forth below is the minimum necessary to enable applicant to arrange a reasonable lot line with her neighbor, 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 Goehringer, it was Page 2 - August 16, 2001 ZBAAppl. No. 4083-J. MONK Re: 1000-136-1-53 (and 52) at Cutchogue RESOLVED, to GRANT the variance applied for. This action does not authorize or condone an3' current or furore use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Collins and Homing. (Member Tortora was absent.) This Resolution was d y adopted (4-0). Approved for Filing 7k~PEA~S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI.S TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 Appl. No. 4981 -Vickv Papson Location of Property: 111020 Main Road, East Marion 1000-31-13-7 Date of Public Hearing: August 16, 2001 FINDINGS OF FACT PROPERTY FACTS: The subject property is a deep but narrow lot of 5.43 acres in East Marion, with frontage of 144.6 feet on Main Road and 151 feet on Gardiner's Bay, and side lot lines of about 1700 feet (East) and 1850 feet (West). It is improved with a frame house close to Gardiner's Bay. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated May 29, 2001, denying a proposed lot set-off because the proposed new lot has a width of +/- 127 feet whereas Code section 100- 32 requires 150 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the proposed set-off, which will result in a new lot with frontage of +/- 127 feet on Main Road, leaving the remaining 3.14 acre lot with +-17 feet on Main Road. 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 proposes to divide the subject property approximately in half by setting off a lot of 2.29 acres fronting on Main Road (Parcel 1), leaving a lot of 3.14 acres on Gardiner's Bay (Parcel 2). Access to Parcel 2 will be via a strip 17.4 feet wide along the east side of Parcel 1; this strip will not be included in the set-off and will remain a part of Parcel 2. 2. Retention of the 17.4-foot strip reduces the width of Parcel 1 from the current 144.6 feet to 127.2 feet. Because the Code requires a lot width of 150 feet in the R-40 zone, no set-off, creating a new lot, is possible without a variance. This reduction in lot width reflects the split in ownership and will not change the appearance of the property or produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 3. Grant of the requested variance will allow, ultimately, the construction of a house on Parcel 1, which at 2.29 acres is more than twice the minimum lot size required in the R-40 zone. The addition of one house will not produce an undesirable change in the character of the neighborhood or' detriment to nearby properties. 4. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. P~ge 2 - August 16, 2001 ZBA Appl. No. 4981 - V. Papson 1000-31-13-7 at East Marion 5. The action set forth below is the minimum necessary to enable applicant to divide her 5.43 acre 'lot roughly in half while preserving and protecting the character of the neighborhood and the health; safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Horning, it was RESOLVED, to GRANT the variance applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Collins, and Homing. (member Tortora was absent dueto illness.) This/~esolution~was duly adopted (4-0). Approved for Filing APPEALS 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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 Appl. No. 4939 - JANET WOCKENFUSS 1000-54-1-4 STREET & LOCATION: 2386 Hyatt Road, Southold DATE OF PUBLIC HEARING: July 12, 2001; July 19, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is an undeveloped lot on the Sound in Southold, reached by a right-of-way that ends at the southeasterly comer of the property. The lot measures 26,675 sq. ft., but more than half of this area is on and below the Sound bluff. The area above the bluff measures 100 feet deep from the bluff by 113.94 feet wide along the southeasterly lot line. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January 8, 2001, denying a permit to build a house on the property because the proposed building envelope showed setbacks of 30 feet from the bluff (31 feet from the Coastal Erosion Hazard Line) and 20 feet from the southeasterly lot line. Code section 100-239.4A(1) requires a lO0~foot setback from the bluff and section 100-244B requires a 40-foot front yard. The Building Inspector determined that the southeasterly yard of the proposed house is a front yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests variances from both the bluff and the front yard setback requirements, sufficient to permit a house to be built on the property. Applicant stated that the 50 x 50-foot building envelope which was set forth in the Building Permit application, and the basis for the Notice of Disapproval, was proposed simply to show that variances are needed to build a house on the property. 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 subject property was created in 1967 by an approved division of a large family parcel on which there was one house. The intention was to allow family members to build one or more additional houses. Applicant's proposed construction is the first such house to be proposed. As a consequence of the 1967 land division, the subject property is bordered by family-owned lots (and the Sound) on the northwest, northeast and southeast. 2. The buildable area of the property measures 100 feet deep from the top of the bluff by 114 feet on the southeasterly lot line. In light of the setback requirements now in the Zoning Code, no construction is possible without variances. 3. The Suffolk County Department of Health has approved a septic system located in the northeasterly portion of the property. A report from the Suffolk County Soil and Water Page 2- August 16, 2001 Appl. No. 4939 - J. Wockenfuss Re: 1000-54-1-4 at Southold Conservation District states that the property is well covered in grass, that the bluff face is heavily vegetated, and that the bluff toe apparently is not reached by high tide and is not eroding. There is no evidence that construction of a house will have an adverse effect or impact on physical or environmental conditions provided there are suitable restrictions on the construction activity and suitable provisions for controlling water runoff from the house. 4. Viewed against the current setback requirements in the Zoning Code, the variances requested by the applicant ars substantial. However, the most restrictive provision - the 100-foot setback from the bluff - was not in the Code when the lot was legally created in 1967. Applicant stated a willingness to locate the house well back toward the southeastady lot line, which moves it away from the bluff but reduces the area that the Building Inspector has identified as the front yard. Locating the house close to the southeastedy lot line is reasonable, although the required front yard setback variance is substantial. 5. Construction of a house as permitted by the action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 6. The action set forth below is the minimum necessary to enable applicant to construct a house on her 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 Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the application for variances for construction in the 50 x 50- foot envelope specified in the application, and ALTERNATIVELY to GRANT a variance authorizing setbacks for house construction, including any decks, of at least 45 feet from t. he top of the bluff at the closest point and at least eight (8) feet from the southeasterly lot line, subject to the following CONDITIONS: 1. The house shall be equipped with gutters and leaders adequate to collect all water runoff and to direct such runoff to drywells located well away from the bluff. 2. The Zoning Board, its Chairman, or other representative, reserves the right to inspect the property during and after all phases of construction. 3. The foundation over-cut shall not extend more than 15 feet around the house and no closer than 30 feet from the top of the bluff. 4. Applicant agrees to place hay bales and use light construction equipment to help mitigate any possible environmental damage during construction activities. Page 3 - August 16, 2001 Appl. No. 4939- J. Wockenfuss Re: 1000-54-1-4 at Southold This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zon lng Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehrin~r, Dinizio, Collins, and Horning. (Absent due to illness was Member Torto~sol~on~~ J~A~proved for Filing - G~rard P. Go~' ringer ~/. /~t ~' Chairman /'/ - y3 ~.//'~, 828djcl