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HomeMy WebLinkAboutZBA-07/12/2001APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 TOWN OF SOUTHOLD MINUTES REGULAR MEETING JULY 12, 2001 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, July 12, 2001 commencing at 6:20 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (left at 8:10 as agreed) Lora S. Collins, Member Paula Quintieri, Secretary 6:20 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: DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each o.f the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval with alternate relief: Appl. No. 4921 - Doris Anderson (owner) and John Hurtado AGENDA ITEM It: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Lora Collins, and duly carried to confirm the following Declarations: Page 2 - Minutes Meeting held July 12, 2001 Southold Town Board of Appeals A. Type I1: Appl. No. 4970 Appl. No. 4963 Appl. No. 4966 Appl. No. 4967 Appl. No. 4973 Appl. No. 4968 Appl. No. 4971 Appl. No. 4964 Appl. No. 4975 Appl. No. 4974 Appl. No. 4972 Appl. No. 4976 - Joel Reitman - Janet Odden - Leonard Tirado - Thomas Jerome - Donald and Louise Moyle - Edgewater II, LLC. - Douglas Bradford -T. and L. McWilliams - James Baldridge - Richard Hammel - Lista Cannon - Michael McAIlister Unlisted actions confirmed for the following: (no objection) Appl. No. 4969 - N.Y.S. FEDERATION OF PROCESSORS AND GROWERS (Owner: N. Aliano). Special Exception for Nursery School. Appl. No. 4944 - HENRY SMITH and KEYSPAN GAS CORP. Special Exception for Public Utility use as a Gas Compressor Facility. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins and Horning. This Resolution was duly adopted (5-0). AGENDA ITEM II1: PUBLIC HEARINGS: The Chairman opened each of the following hearings to the audience for discussion. Following the close of the hearing, the Board deliberated and rendered a determination; copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. (For full details on discussions, please see written Transcript, prepared separately and filed with the Town Clerk for reference.) 6:25 p.m. Appl. No. 4960 - MICHAEL REDDINGTON. (Continuation from June 7th calendar pending additional information requested by Board Members). Tennis court structure in a front yard at 5700 Nassau Point Road (and Wunneweta Road), Cutchogue; Parcel 111-12-2.1. Requested documentation received by the Board and Board rendered a determination; copy of the original Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. Page 3 - Minutes Meeting held July 12, 2001 Southold Town Board of Appeals 6:31 p.m. Appl. No. 4970 - JOEL REITMAN. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a deck addition with a rear yard setback at less than 50 feet. Location of Property: 325 Indian Neck Lane, Peconic; County Tax Map Parcel 1000-86-1-4.22. Mr. Joel Reitman was present and gave testimony for this application. No one spoke in opposition at the hearing. The Chairman motioned to close the hearing, seconded by Member Tortora, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 6:42 p.m. Appl. No. 4963 - JANET ODDEN-LAMPAS. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2001 Notice of Disapproval. Applicant is proposing 60 sq. ft. of step area for a porch addition which will have a front yard setback at less than 35 feet. Location of Property: 315 Rachel's Road, Mattituck; County Tax Map Parcel 1000-108-4-7.44. Mrs. Janet Odden- Lampas was present and gave testimony for this application. No one spoke in opposition at the hearing. The Chairman motioned to close the hearing, seconded by Member Collins, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated in this set of Minutes as though fully written in its entirety. 6:46 p.m. Appl. No. 4966 - LEONARDO TIRADO. This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's May 21, 2001 Notice of Disapproval. Applicant is proposing an amendment in the location of an accessory swimming pool closer than 32 feet decided April 19, 2001 by the Board of Appeals under Appl. #4913. Location of Property: 3850 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel 1000-111-8-1. Mr. Leonardo Tirado was present and gave testimony for this application. Mr. Richard Weiss, neighbor, posed questions regarding this application. Appearing in opposition of this application, and submitting photographs of said property, was Mr. Michael Silerno. Present in favor of the application was Ms. Eileen Case-Simpson. Upon hearing testimonies, the Chairman motioned to close the hearing, seconded by Member Collins and duly carried (5-0), reserving decision until later. 7:07 p.m. Appl. No. 4967-THOMAS JEROME. This is a request for a Variance under Article III, Section 100-32, and Bulk Schedule of the Zoning Code, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a division into two lots, one with a two-family dwelling on less than 160,000 sq. ft. of land area, and the other lot for a proposed single-family dwelling on less than 80,000 sq. ft. of land area, in this R-80 Residential Zone District. Total land area existing: 192,666 sq. ft. Location of Property: 48220 Main Road, Southold; County Tax Map Parcel 1000-69-6-7. Patricia Moore, Esq. appeared on behalf of the applicant. The applicant was also present at the hearing. No one spoke in opposition of this application. The Chairman motioned to close the hearing, seconded by Member Collins and duly carried (5-0), reserving decision until later. 7:25 p.m. Appl. No. 4973 - DONALD and LOUISE MOYLE. This is a request for a Variance under Article XXIII, Section 100-239.4, based on the Building Inspector's May 30, 2001 Notice of Disapproval for a proposed addition at less than 75 feet from the bulkhead. Property Location: 1920 Minnehaha Boulevard, Southold; County Tax Map Parcel 1000-87-3-63.1 (or 63). Mr. Donald Moyle was present and gave testimony for this application. No one spoke opposing this application. The Chairman motioned to close the hearing, seconded by Member Horning and duly carried (5-0), reserving decision until later. 7:37 p.m. Appl. No. 4968 - EDGEWATER II, LLC. This is a request for a Variance under Article III, Section 100-32, based on the Building Inspector's May 1, 2001 Notice of Disapproval for the reason that third stow of the proposed dwelling is indicated as habitable area. Location of Property: 63735 C.R. 48, Greenport; County Tax Map Parcel 1000-40-1-20.2. Patricia Moore, Esq. appeared on behalf of the applicant. Applicant, Mrs. Cohen and architect, Mr. Ira Haspel both were present at the hearing. Additional blueprints were submitted by the architect. No one appeared in opposition of this, application. Upon hearing testimonies of Ms. Moore and Mr. Haspel, the Chairman motioned to close the hearing, reserving decision until later. This was seconded by Member Tortora, and duly carried (5-0). 8:01 p.m. Appl. No. 4971 - DOUGLAS BRADFORD. This is a request for Variances based on the Building Inspector's May 1, 2001 Notice of Disapproval for additions to dwelling: (1) under Article XXIV, Section 100-244B, based with a lot coverage over 20% of the code limitation, (2) under Article XXIV, Section 100-244B for side yards at less than 25 feet, and less than 10 feet on either side; and (3) under Article XXIII, Section 100-239.4B for a setback at less than 75 feet from the bulkhead. Property Location: 3705 Bayshore Road, Greenport; County Tax Parcel 1000-53-4-21. Cathy Mesiano, agent for the applicant, appeared on the applicant's behalf. No one spoke in opposition of this application. The Chairman motioned to close the hearing, reserving decision until later. This was seconded by Member Tortora, and duly carried (4-0). 8:10 p.m. Member Horning left to return to Connecticut. A short recess was taken from 8:15 p.m. - 8:29 p.m. 8:29 p.m. Appl. No. 4964 - TIM AND LINDA McWILLIAMS. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 2, 2001 Notice of Disapproval for a new dwelling with a rear yard setback at less than 50 feet. Location of Property: 345 Wabasso Street, Southold; County Parcel 1000-78-3- 36.1. Mr. and Mrs. McWilliams both were present and gave testimony at the hearing. Also representing the applicants was Mr. John Hopkins, builder. Ms. Grace West, neighbor, spoke in favor of the application. Opposing the application was Mr. Richard Hokanson. Upon hearing the testimonies, the Chairman motioned to close the hearing, pending receipt of Department of Health approval, seconded by Member Collins, and duly carried (4-0). 8:41 p.m. Appl. No. 4975 - JAMES BALDRIDGE. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's May 29, 2001 Notice of Disapproval. Applicant is proposing a new dwelling with a setback of less than 50 feet from the front property line facing Private Road at 6155 Horton's Lane, Southold; County Tax Parcel 1000-54-7-18.6. Archnitechnologies, Inc. Mr. James Baldridge appeared and gave testimony regarding this application. No one spoke in favor or against this application. The Chairman motioned to close the hearing, seconded by Member Collins, and duly carried (4-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:45 p.m. Appl. No. 4974 - RICHARD HAMMEL (Owner, JOHN DEMPSEY). This is request for Variances based on the Building Inspector's March 18, 2001 Notice of Disapproval: (1) under Article XXIV, Section 100-244B for a new dwelling at less than 35 feet from the front property line facing Birch Avenue, and (2) under Article XXIII, Section 100-232A for a new dwelling on a lot with three front yards, with a rear yard setback at less than 35 feet from the remaining property line. Location of Property: 2155 Cedar Avenue, Southold; Parcel 1000-77-1-25. Catherine Mesiano, Inc. Ms. Catherine Mesiano appeared on behalf of the applicant. The following neighbors appeared voicing concerns regarding this application: Catherine Campbell, Carmella Principato, and Harry Beaton. Mr. Brian Campbell submitted a letter with a neighborhood petition opposing this application. Motion was offered by Chairman Goehringer, and seconded by Member Collins, to recess the hearing to August 16, 2001, and duly carried (4-0). 8:59 p.m. Appl. No. 4944 - HENRY SMITH and KEYSPAN GAS CORP. This is a request for a Special Exception under Article III, Section 100-31B(6) to establish use of property as a Gas Compressor Facility, and a Variance under Article III, Section 100- 231, based on the Building Inspector's February 13, 2001 Notice of Disapproval for fencing at a height above six feet along front yard(s) in this nonresidential zone district. Location of Property: 49400 Main Road and Bayview Road, Southold; Parcel 1000-70- 8-5. Zone District: "B Business." Patricia Moore, Esq. appeared on behalf of the applicant. Also present, representing the applicant was Mr. Ken McCarthy. Neighbors, Helen Duffy, Eric Aprigliano, Daniel & Saprina Kenny appeared with concerns regarding this variance. Mr. Michael Shannon, neighbor, submitted Landscaping Schedule. Upon hearing testimonies, Chairman Goehringer motioned to close the hearing to verbal testimony, seconded by Member Tortora, and duly carried (4-0). 9:37 p.m. Appl. No. 4972 - LISTA CANNON. This is a request for Variances for proposed additions to dwelling based on the Building Inspector's March 9, 2001 Notice of Disapproval which states that under Article XXIV, Section 100-244B the proposed construction will have setbacks at less than 35 feet from the front property line, less than 10 feet from the side property line, less than 35 feet from the rear property line, and lot coverage for total building area in excess of the 20% code limitation. Location of Property: 1050 Arshamomaque Avenue, Southold; Parcel 1000-66-2-27. Charles Cuddy, Esq. appeared on behalf of the applicant, giving testimony for this variance. Also present and giving testimony was Meryl Kramer, architect. The Chairman motioned to close the hearing, seconded by Member Collins and duly carried (4-0), reserving a decision until later. 9:49 p.m. Appl. No. 4976 - MICHAEL McALLISTER. This is a request for Variances (1) under Article XXIII, Section 100-239.4A.1, based on the Building Inspector's May 31, 2001 Notice of Disapproval for new dwelling at less than 100 feet from the top of the bluff, (2) under Article XXIII, Section 100-239.4A.1 based on the Building Inspector's May 31, 2001 Notice of Disapproval for an in-ground swimming pool at less than 100 feet from the top of the bluff, and (3) under Article III, Section 100-33B.4 to locate a proposed garage at less than 20 feet from the side lot line. Location of Property: 17665 Soundview Avenue, Southold; Parcel 1000-51-1-3. Mr. Bruce Anderson, agent for the applicant appeared and gave testimony on behalf of the applicant. Mr. and Mrs. Michael McAIlister both were present at the hearing. Neighbors attending the hearing and speaking in favor of this application were Ed Booth, Nicholas & Katy Nickoauls and Gordon Price. Upon receiving testimonies, motion was offered by the Chairman, seconded by Member Collins, and duly carried (4-0) to recess until July 19, 2001 at 7:30 p.m. 10:59 p.m. Appl. No. 4969 - N.Y.S. FEDERATION OF PROCESSORS AND GROWERS (Owner: N. Aliano). This is a request for a Special Exception under Article III, Section 100-31B(4), to establish use of property as a proposed Nursery School (Grace's Place). Location of Property: 31800 and 31040 C.R. 48 (a/k/a Middle Road or Page 6 - Minutes Meeting held July 12, 2001 Southold TOwn Board of Appeals North Road), Peconic; County Tax Map Parcel Nos. 1000-74-4-4.7 and 4.8, also referred to Lots 7 and 8 on the Subdivision Map of Nicholas Aliano. Matthews & Matthews, Esqs. Mr. Frank Murphy presented testimony for this application Also present, representing this application were James Matthews, Esq., Maggie Evans, Executive Director of N.Y.S. Federation of Processors and Growers and Paula Radke, Director. Upon hearing testimony, Chairman Goehringer motioned to close the hearing, reserving decision until later, seconded by Member Collins, and duly carded (4-0). 11'15 End of Public Hearings AGENDA ITEM IV. DELIBERATIONS/DECISIONS (above hearings): Approved as applied for: Appl. No. 4963 - Janet Odden-Lampas Conditional Approval: Appl. No. 4960- Michael Reddington Appl. No. 4970- Joel Reitman Granted with relief: Appl. 4921 - Doris Anderson (owner) and John Hurtado Remaining Agenda Items were carried over to July 19, 2001, by Chairman Goehringer. There being no other business properly coming before the Board, at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 11:20 p.m. Respectfully submitted, ~~ ,~ ~ Paula Oui /// /,/ /~/ Secretary'~14~01 ApproveS~for Filing ( ¢t6/01 ~e~,~ ~.)~Gerard P. Goehring ~r, Chairman ' Attachments: Case Decisions (6) RECE.'[VED FILED BY APPEALS BO.~D MEMBERS Gerard P. Goe~ringer, 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 JULY 12, 2001 Appl. No. 4921 - DORIS ANDERSON (owner) and JOHN HURTADO STREET & LOCATION: 3400 Lighthouse Road, Southold; 1000-50-2-2. DATE OF PUBLIC HEARING: April 5, 2001; Apd119, 2001; June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant 23,260 sq. ft. lot, located on the comer of Sound View Avenue and Lighthouse Road, Southold. The property has a frontage of 100 feet on Lighthouse Road and 50 feet on Soundview Avenue. Roughly 40 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 December 20, 2000 Notice of Disapproval denying a permit for a new dWelling with setbacks at less than 100 feet from the top of the bluff in violation of Section 100-239.4A. 1, and less than 35 feet for combined side yard setbacks and less than 40 feet from the front property line on Lighthouse Road, in violation of Section 100-244. AREA VARIANCE RELIEF REQUESTED: Applicant John Hurtado requests variances authorizing the location of a house measuring 40 feet wide by 49 feet deep at the deepest point, set back 50 feet from the bluff and 36 feet from Lighthouse Road, and angled on the property in such a way that the minimum side yard on each side is 15 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: t. The shape of the lot is such that a house complying with the 100-foot bluff setback would be possible only if it were built with virtually no. setback from Lighthouse Road and Soundview Avenue. Some variance from the bluff setback requirement is necessary for any house to be built. 2. Applicant's request for side yard variances is based on his proposed siting of the house at a slight angle to the side property lines. If the house is sited with its side walls parallel to the property lines, no side yard variance is needed. The Board concludes that such siting is a feasible alternative to the grant of side yard variances. 3. Applicant originally proposed a house 40 feet wide, 49 feet deep, and 50 feet from the bluff, with its southwest corner set back 36 feet from Lighthouse Road. Following Page 2 - July 12, 2001 Appl. No. 4921 - J. Hurtado (D Anderson) 1000-50-2-2 at Southold hearings, applicant amended his plan to propose a house 40 feet wide by 40 feet deep at its deepest point, a reduction of the footprint from 1860 sq. ft. to 1500 sq. ft. Possible locations for the proposed house were outlined in correspondence from applicant's attorney dated June 25, 2001. 4. Applicant testified that at the request of the Town Trustees, a retaining wall will be bUilt landward of the top of the bluff. A report from Suffolk County Soil and Water Conservation Distdct emphasized the importance of leading all drainage from the house away from the bluff. The Board will place a condition on the variance with the intent of preventing adverse effects on physical or environmental conditions. 5. The action set forth below will enable applicant to construct a house of approximately the size set forth in his amended proposal dated June 25, 2001, in a location that complies with the Code's side yard requirements and deviates minimally (at the southwest comer) from the front yard requirement, while set back 60 feet from the bluff. The E~oard concludes that this action 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 build a house on the subject lot while preserving and pr~ecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Tortora, it was RESOLVED, to DENY the variances applied for, and ALTERNATIVELY to GRANT a variance authorizing construction of a house with setbacks of - (1) no less than 60 feet from the top of the bluff at the closest point, and (2) no less than 38 feet from the property line facing Lighthouse Road at the closest point, subject to the CONDITION that 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. Vote of the Board: Ayes; Members Goehringer (Chairman), Dinizio, Tortora, PageS-July 12, 2001 Appl No. 4921 - J. Hurtado (D. Anderson) 1000-50-2-2 at' Southold Collins, and Homing. This Resolution was duly adopted (5-0). 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~mination or otherwise. /.-'Gerard~P. Goehfinger // " Chairman APPEALS BOARD MEMBERS Gerard P. Goo. bringer, 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 JULY 12, 2001 Appl. No. 4975 - JAMES BALDRIDGE 1000-54-7-18.6 STREET & LOCATION: 6155 Horton's Lane, Southold DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot of 45,501.68 sq. ft. situated on the south side of Horton Lane in Southold. The dimensions of the property are 155 ff. x 307.12 ff. x 157.36 ft. and 280 ff. A pdvate right-of-way to neighboring properties also fronts two of the property lines (to the west and south). BASIS OF APPLICATION: Article XXIV, Section 100-244B, based on the Building Inspector's May 29, 2001 Notice of Disapproval for a proposed dwelling with a location at 37.9+- feet from the front property line facing the private road (at the northwest boundary). AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in his building permit application to the Building Department for this dwelling for the reason that its location will be 37.9+- feet from one of the front property lines at its closest point, instead of the code requirement of 50 feet. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The property is a large rectangular parcel that contains three front yards as defined in the Southold Town Zoning Code. Since the code requires that the remaining yard meet the setbacks as a rear yard. this lot does not have two side.yards that most lots in the neighborhood enjoy. (2) There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. The dwelling is proposed at setbacks greater than 95 feet from the (3) The relief requested is not substantial resulting in a reduction for a garage entrance, 13 feet from the requirement. Al remaimng portions of the dwelling will meet or exceed setback requirements of the code. (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a garage by attaching same to the proposed dwelling with a driveway off the easterly pdvate right- Page 2 - July 12, 2001 ZBA Apph No. 4975 -J. Baldridge Parcet 1000-5~,-7-18.6 at Southold of-way, rather than off Horton Lane, 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 variance as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Torlora, Collins, and Homing. This Resolution was duly adopted (5-0). 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. //~ ..G~rard P. Goehringer / / ,~--~ Chairman / 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 JULY 12, 2001 Appl. No. 4963 - JANET ODDEN-LAMPAS STREET & LOCATION: 315 Rachel's Road, Mattituck DATE OF PUBLIC HEARING: July 12, 2001 1000-108-4-7.44. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is referred to as Lot 2 on the Map of Elijah's Lane Estates, Section I, filed February 14, 1974 in the Office of the County Clerk. This lot is 67.67 fL x 285.77 x 157.53 ft. x 264+- ft. overall, comprising an area of 32,327 square feet. The February 16, 1990 survey prepared by Peconic Surveyors shows an existing 1-1/2 story frame dwelling with wood deck areas and accessory barn in the rear yard. BASIS OF APPLICATION: Building Inspector's May 9, 2001 Notice of Disapproval which disapproved a building permit application under Article XXIV, Section 100-242A for the reason that the proposed 60 sq. ft. of step area for a porch addition which will have a front yard setback at less than 35 feet. AREA VARIANCE RELIEF REQUESTED: Sixty (60) square feet of step area for a porch addition at 33 feet from the front property line, at its closest point. The amount of relief requested is two (2) feet from the 35 ft. setback requirement of the zoning code. REASONS FOR BOARD ACTION: Based on the testimony and record before the. Board and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment- to nearby properties. The dwelling exists with a 30+- sq. ft. front step area and expansion of the step area for a total of 60 sq. ft. will not change the design of the dwelling or affect neighboring properties. (2) There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. The increase in step area is 30 sq. ft. (3) The relief requested is not substantial, resulting in a step area of 60 sq. ft. instead of 30 sq. ft., and a setback at 33 feet instead of 35 feet. (4) The 'action set forth below is the minimum necessary and adequate to enable applicant to build a new step area, 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 GRANT the variance as applied for. Page 2 - .luly 12, 2001 ZBA Appl. No. 4963 - .1. Odden-Lampas Parcel 1000-108-4-7.44 at ~lattltuck Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). 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. /.,,,~5~rard P. ,~ Chairman 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 JULY 12, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Sonthold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4960 - MICHAEL REDDINGTON, Location of Property: 5700 Nassau Point Road (and Wunneweta Road), Cutchogue 1000-111-12-2.1. DATE OF PUBLIC HEARING: June 7, 2001; July 12, 2001. Parcel FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION:. Applicant's property is located on the east side of Wunneweta Road and west side of Nassau Point Road in Cutchogue. The Apdl 8, 2000 survey map prepared by John C. Ehlers, L.S., amended May 15, 2000 shows the lot at 69,313 sq. ft. in area and approximately 150 on both streets. The depth of the property is 449.79 feet along the northerly side line and 475.09 feet along the south line. The property is improved with a single- family dwelling, an accessory'frame garage, and swimming pool, and the lot is shown on the Map of Nassau Point. Club Properties Amended Map A as #141 and part of 142. BASIS OF APPEAL: Building Inspector's June 14, 2001 Disapproval which reads that the building permit for an accessory tennis court is not permitted in a front yard location under Article II1~ Section 100-33. Section 100-33 states that"accessory buildings and structures or other accessory uses shall be located in the required rear yard." AREA VARIANCE RELIEF REQUESTED: Variance to locate a 55' x 105' tennis court in a front yard location. The applicant's original plan showed a proposed location 52 feet from the front property line facing Nassau Point Road, but by letter, dated June 19, 2001 to the Board of Appeals, the location was amended by application to be a minimum of 60 feet from the Nassau Point Road and at least 17 feet from the north side property line. Applicant indicates proposed landscaping as shown on the 4-22.00 plan prepared by Briarcliff Landscape, and no outdoor lighting is proposed. A vadance regarding fence height is not requested in this application. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The property is a large (69,313 sq. ft.) lot with two front yards on Nassau Point Road and Wunneweta Road. The proposed 55'x 105' tennis court is proposed at a setback greater than that required for the dwelling (55 ft. code requirement). 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because under the definitions of the Zoning Code, there is no rear yard area on this lot, although a front yard gives the appearance of a rear yard. tPage 2-July 12, 2001 Appl. No. 4960 - Michael Reddington 1000-111-12-2.1 at Nassau Point 3. The area variance is substantial in relation to the code requirement, however, there is no available rear yard on this lot which meets the definitions of the Zoning Code. 4. The proposed vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that grant of the relief requested will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a tennis court in the easterly yard area, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, TO GRANT the application as applied for and SUBJECT TO THE CONDITION that there be no outdoor lighting. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). 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. /~ERARD P. GOEHRINGER,'I~HAIRM~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2001 Appl. No. 4970 - JOEL REITMAN Parcel No. 1000-86-1-4.22. STREET & LOCATION: 325 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is shown as Lot 22 on the Map of Richmond Shores at Peconic. This property consists of a total area of 21,750 sq. ft. with 150 ft. of frontage along the easterly side of Indian Neck Lane. The property is improved with a single-family dwelling situate 50.6 feet from the front property line, 41 and 40.9 feet from both side lines (north and south), and 51.5 feet from the easterly property line, all at their closest points. BASIS OF APPLICATION: Article XXIV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval for a proposed deck addition with a rear yard setback at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in his building permit application to the Building Department for a deck addition for the reason that the deck will be 42 feet instead of 50 feet from the rear property line. The size of the deck would be 16 ft. by 20 ft., one-half of which does not meet the setback requirement. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: 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 applicant wishes to construct a 12 ft. by 14 ff. screened in porch with a 4 ft. by 12 ff. raised deck on the northeast rear corner of his house. The addition will be located 42 feet at the closest point from the rear yard property line. The rear yard adjoins a vacant parcel of reserved land, and the addition will have no impact on the adjoining properties or 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 applicant's rear yard is 51.6 feet at the closest point to the houses, and any addition would require a variance of the 50-ft. required setback under the code. 3. The requested area vadance is not substantial and represents an 8 ft. reduction in the code required 50 ft. rear yard setback requirement. Page 2 - July 12, 2001 ZBA Appl. No. 4970 - J. Reit~an Parcel 1000-86-1-4.22 at Peconic 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variance as applied for, SUBJECT TO THE CONDITION that the screen enclosure not be transformed into glass or other permanent enclosure. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Homing. Member Collins. This Resolution __ was duly adopted (4-1). . ,'RD P. GOEHI~I~IGI~, CHAIRM.~N ~ Nay: