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HomeMy WebLinkAboutZBA-06/05/2003 SPEC -:APP~i~.LS ~OARD MEMBERS Southold Town Hail Lydia A. Tortora. Chairwoman 53095 Main Road _ ;~Gerard P. Goehringer EO. Box 1179 Oeorg no i g Southo d, New York 97 -0959 .k ' ,,~ Ruth D. Oliva ZBA Fax 1631) 765-9064 ,,~/, 7~ Vincent Orlando Telephor~e (631,) 765-1809 ' ~O.~,~ http://southoldtown.northfork.net BOARD OF APPEALS ~' TOWN OF SOUTHOLD opdated 8~4~03 MINUTES SPECIAL MEETING THURSDAY, JUNE 5, 2003 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hail, 53095 Main Road, Southold, New York 11971, at 6:00 p.m. on Thursday, June 5, 2003. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member Ruth D. Oliva, Member (from 6:45 p.m.) Vincent Orlando, Member (excused between 7:00 and 8:05 p.m.) Paula Quintied, Clerk Absent were: George Homing, Member 6:00 p.m. Mrs. Toff[ora called the meeting to order. AGENDA ITEM I: SEQRA: The Board proceed with the agenda items, as follows: STATE ENVIRONMENTAL QUALITY REVIEW ACT: None declared at this time: pending inspections and reviews regarding new applications. AGENDA ITEM I1: DELIBERATION/DECISION MATTERS: The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Approved as applied for: Appl. No. 5305 - Melissa Corwin Clark Appl. No. 5314 -Joseph A. and Monique Robin Appl. No. 5276 - Joseph Mauro Appl. No. 5306 - Claire L. Copersino AppL No. 5019 - George Giannads, John Giannaris and others/Hellenic Cabins Appl. No. 5051 - Cliff & Phils Lobersterhouse Approved with conditions: F~age 2 --Minutes June 5, 2003- Special Meeting Southold Town Board of Appeals Approved with conditions: Appl. No. 5359 - John and Kathleen Ahearn AGENDA ITEM Ill: PUBLIC HEARINGS: The Chairwoman opened each of the following hearings to the audience for discussion. For full details on discussions, please see wdtten Transcript, prepared separately and filed with the Town Clerk for reference. 6:30 p.m. Madeline Droe.qe #5186. (continued 4/17/03) Request for a Variance under Sections ' 00-33C~ 100-30A.4, 100-31C, based on the Building Department's Apdl 26, 2002 Notice of Disapproval stating that the proposed structure is not a permitted use, and that it does not meet the code's height imitation or minimum setback provisions. Applicant proposes an accessory wind turbine structure at less than 50 feet from the front property line and at a height greater than the code limitation of 18 feet, at 885 Petty's Drive, Orient; Parcel 1000-14-2-24. Motion was offered by Chairwoman Tortora, seconded by Member Oliva, and duly carded to postpone Appl. No. 5186 Droege.to September 11, 2003 at 6:45 p.m_ per request of both Daniel C. Rossi.Esq. and Patdcia Moore, Esq, in letter dated June 5, 2003. This Resolution was duly adopted (4-0). 6:40 p.m. MICHAEL PISACANO #5264. (continued from 4/3/03) The applicant has fi!ed a request for a Lot Waiver under Section '100-24A based on the November 7, 2002 (amended 1~r8-02) Building Department's Notice of Disapproval for construction of a single familydwelling. The basis of the Notice of Disapproval is that ~t.his 73,616 sq. ff. parcel is not permitted in the R-80 District because it is not a recognized lot by any of the four cod~ standardS~ under: 1) The identical lot shall be created by deed recorded in the Town Planning Town Board Boa ~ sec'~o~ded by Member ~ for ~u y 10~ 2003 a~nd cancel Ap~l (4~0). 6:40 p.m.S. Sachman and A. Quadrani#5302; (continued from 5/1;5/03). Based on the Building Department's October 1, 2002 Notice of Disapproval, applicants request a Variance under Sections I00-33C and 100-32 to locate an accessory swimming pool as an accessory structure at less than 50 feet from the front lot line, at 4705 Nassau Point Road, Cutchogue; Parcel 1000-111-9-9. Chairwoman Tortora makes a moti~3n, seconded by Member Oliva, and duly carried to adjoum this application to July 24, 2003 Page 3-Minutes "...._ June 5, 2003 -Special Mee[ing Southold Town Board of Appeals at 1:00 p.m at the applicant's request of May 30, 2003. This Resolution was duly adopted (4-0). A short recess was taken at 6:45 p.m. and reconvened at 7:00 p.m. Member Orlando recused himself from Public Hearing for Mary Zupa App. I. No. 5266. 7:05 Mary Zupa #5266 - (continued from 3/20/03) Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1) the construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not permitted; 2) the lot is not recognized: and its use is a madna, and 3) the construction of a single family dwelling would constitute a second use. Location of Property: 580 Basin Road, Southold (Paradise Point); Parcel ~¢1000-81-16.7. Eric Bressler, Esq. appeared on behalf of the applicarf[, Mary Zupa, who was also present. Stephen Angel, Esq. appeared for the opposition, Paradise Po~1nt Association. Also giving testimony in opposition were neighbors Robert Scalia and Mary Albed-Pinker. Chairwoman Tortora requests that counsel submit copies of*all correspondence to each other, and that all submissions be received by the Zoning Board of Appeals pdor to 4:00 p.m. July 18, 2003~ A motion wes made by the Chairwoman and seconded by Member Goehringer and duly carried, to adjourn this headng to July 24,, 2003 at 2:30 p.m. This Resolution was duly adopted (3- 0). End of public hearings. AGENDA IV: RESOLUTIONS/UPDATES/OTHER: 1. A motion was made by the Chairwoman and seconded by Member Goehringer, and duly carded, to withdraw the following applications: Appl. No. 5198 - S. LaGuardia Appl. No. 5347 - G. Bischoff AppL No. 5342- East Madon Fire District This Resolution was duly adopted (3-0). 2. The Chairwoman offered a motion to adjourn Appl. No. 5303 J. Sevedni to July 24, 2003 per letter from the Applicant of May 30, 2003 and seconded by Member Goehringer, and duly carried This Resolution was duly adopted (3-0). Town Board of Appeals 3. The Chairwoman motioned to reopen and address the bridge issue on Appl. No. 5254, DiBartolo, Seconded by Member Goehringer and duly carried. This Resolution was duly adopted (3-0). AGENDA V: EXECUTIVE SESSION (none held). There being no other business properly coming before the Board at this time, the Chairwoman declared the Meeting adjourned. The Meeting was adjourned at approximately 10:30 p.m Respectfully submitted, -~.~Paula Quintied 8 - 7 - 03 Attached (7) pprove ~L~a A~.'Tortora, Chairwoman APPEALS BOARD MI~MBERS Soathold Town Hall Lydia A- Tor tara, Chakwoman 53095 Main Road Gerard E Gocbringer F'.O. Box 1179 George Homing S~ulhold, New Yozk 119710959 Ruth D. OHva ZBA Fax (631) 765~9064 V-mc. em Orlando Tel~phon~ (631) 765-1809 BOARD OF APPEALS R~CEIV~ED '~',~--".'~' TOWN OF SOUTHOLD ~; ~ ~ FINDINGS, DELIBERATIONS AND DETERMINATION dU[~ '~ 0 2J]0~ ~Southold ~'owa Clerk AppL No~ 5505- MEL?SSA CL~R~ CORWIN Prap~-Ly Location: 37B Brown 8trast, Grasnport; Farasl lg00-4B-3-22. SEQRA DETERMI~'~A.TtON: The Zoning Boerd of ^ppasis has visited the properly under coaside~rafion in th~a application end'detarmine~ that this review f~is under the Type II c~tagor~ of the State's L~st of Ac~[on~, ~t~ut an adveme effect on the envhonment if the pro'le~' Js impleruented as planned, PROPERTY FACTS/DESCRIPTION: The applicant's 5629.58 sq. ft. Parcel has 50 fL frontage along the ~0rth side df Brown Street in Gresnport. The property is improved with~ 'a one-stOrY frame hobse of appra~dmately 735 sq. ft. in size, and .detached accessoiy garage in the northwest corner of the property, all as shown on the March 5. 2003 surgey prepared by ;Joseph A. Ingegno, L,S. BASIS OF APPLICATION: Building Department's November 26, 2002 Notice of Disapproval, citiPg Sections 10C~242A and 100-244. in its denial of a building permE to const~ct e second~-fleor addition and e]tarafion to the dwelling with a setback on a single sidey~rd at lessthan 10 feet and less than 25 feet far beth side yards. FINDINGS OF FACT The Zoning Board of Appeats held a public hearing on this application on May 15, 2003, at which time written and ora evidence were presented, Based upon ail testimony, documentation, personal inspection of the property, and ether evidence, the Zoning Board finds the following tacls to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a secasd-stary addition to her existing home, maintaining ~he existing easterly side yard at 4.6 feet at its closes! point. The wester~j side yard is existing with variables at 10 feet at its closest point and 15 feet to the west side of the foundation (exclusive of e)dsting stoop or shed). REASONS FOR BOARD ACTION: On the basis of testimony presented, material submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has proposed to e.~pand this one-sto~ residence by adding a second story, with the same dimensions as the existing too[print. The overall height of the building will be increased by eight feet, raising it from 16 feet to approximately 24 feet in height, The neighborhood is a Page 2 - June 5, 2003 Ap~l. No. 5305 - Melissa Corwin 48.~-22 at Gmenport developed residential area with other nonconforming parcels and buildings of similar size. The addition of a second floor to this dwelling wiJi not adversely change the character of the surrounding neighborhood. 2, The beeefit sought by the applicant cannot be achieved by some method, feasible for the applier to pursue, other than an area 'variance. The applicant cannot create the I[v~ng sp~c~ necessary for the family's needs without the construcfic~ at[owed th this variance. 3. The relief granted is not substantial. The expansion of the building will be over the exist~g first floor footprint, and the total building height after completion of the new constru~on will not excaed~ the height [imitation allowed by the zoning COde. The lot coverage will remain (presently about 14%}, 4. The difficulty has not been self-created. The lot and dwelling sizes are non~3r~orming, and the applicant has chosen to increase its size in height rather than expanding a~:the sides or rest. 5. No evidence has been subm[ttad to suggest that the ;~repesed additions will have an adverse impact on physical or envJrenmentel conditions in the neighborhood, The lot Js located in a residentially developed neighborhood with numerous nonconforming buildings, witho~ any outstanding environmer~al issues or concerns. 6. Grant of the requested variance is the m!,,3im~m aden neeessary and adequate to enable the applicant to enjoy the benefit of e second-story addition, while preserving and protecting the charac~r of the neighborhood and the health, safety and we]fare of the community, RESOLUTION OF THE BOARD: in considering ali of the above factors and applying the balanc~r/g test under New York Town Law 267-B, motion was offered by Member Goehdn~er, seconded by Member Tortora. and duly carhed, to GRANT the Vadanca as applied for and shown on the plan prepared by R & R Home Improvement dated 10-18-02 and with a fcotefint shown on the March 5. 2003 survey prepared by Jeseph A. Ingegno, L.S. This action does nc~ authorize or condone any current or future use. setback or other feature of the subject property that mayviale~e the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this a~on. Vote of the Board: Ayes: Membem Tertom (Chairwoman), Goehrlnger and Orlando. (Absent were Member Homing and Member OIiva,) This Resolution was duly adopted (3~0). LYdia A/Tortora, Chairwoman - App ed ' g 6/~/03 . APPEALS BOARD MI~MBERS .~,~1~ Southold Town Hall Lydh A. Taffeta, Chairwo~mn ~ 53095 Main Road Gerard F. C~oahrk~ger P.O. Box 1179 George Hqmiug Southold, New York 1t971-0959 Ruth D. Oliva ZBA Fax(631) 765-9064 Vine. ant Oi:Iando Telephone (631) 765-1809 hap:i/~outholdmwn.nor thfor&.n~t BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DISklBI::RAT[ONS AND DET[SRM[NATION MEETING OF JIJNE ~5, 2003 Appl. NO. 53'14 -,Ioaeph A. and Moniese Robin Property l-ocation: 380 Wicks Road, New Suffolk; Parcel '100¢-1'10-8-'17. 8EORA DETERNItl'{ATtOIq: The Zoalr!g Board of Appeals has visited the property under consideration in lhia ap[glication and cl~mhee that this review fa~ under the Type I! oategory of the Stat/a l.[at of A~i0ns, ¥~tithaut an adverse effect on the envkonment If the pmjant is implementecl as planned. [~ROPERTY FACgTS/DESORIPTION: The applicants' 7',492 sq. ft. parca] has 150 fl. ~rontafle a[~ng t, lfe south side of Wicks Road tn New Suffolk. The property ia improved with a 1~-'112 story dwelling with porches, presently set back '15 feet from the front bt fine as shown aa th~survey prepared by Roderick VanTuy[: P.O. Novemper ~, 'i980. BASIS OF APPI-If;ATION: Balld[ng Deparlment'e February '19, 2003 amanda[ Notic~ of Disapproval, c. iting Seetion. '10C~30A~3 to raise the roof to eeesnd~story height at the existing sinc3le~farfiily dwelling, at [ess than 35 feet from the front properB' line. FINDINGS OF: FACT The Zoning Board of Appeals held a public hesdng on this application on May ~ 5, 2003, at wf, ich time wri~en and ara[ evlden~ ware pmesn+~ed. Based upon all toe,many, decumentat}en, per~onal inepeal~on of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REel JESTED: Applicant wishae to raise the roof of tho existing one and one-haft emry hoses for a [ufl second-story, within the existing dwelling footprint and at a minimum of 22 feet from the front line, at its closest point. Details of '1he roof con,truman and alterations are shown on the plans prepared by Penny Lumber dated ~ 0/'10/02. RSASON$ FOR BOARD ACTION: On the basis oftestimony prasentsd, materials submitted and personal inspe~iens, the Board makes the follc~n0 findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' house is one of the only '[-'112 story houses among the larger two-story houses in the neighborhood alan§ Wicks Road in New Suffolk. ]-he side yard set backs will conform at l0 and 15 feat on the west and east side yards l'he prapoeed 22 ft. front yard set back '1o the foundation will also remain the come afber construction is completed, and has a greater conformity than the existing porch at +-15 ft. from the front iot line. 2, The benefit sought by the applicant cannot be achieved by come method, [cosibis for ~ipplicants to pursue, other than an area variance. The applicants wish to expand due to the grsW[ng needs of the family. Due to the t)ght restraints Of the property the only logical choice is to raise the roof tor a new second story over the existing footprint. 3. The relief requested is substantial end represents a 13-foot reduction in the current code requ~ng a 35-foot front yard set back. 4. The difficulty was self-created when the applicants chose to enlarge the existing house~ based on the needs of the family, 5~ With the proposed new construdion staying within the onginal footprint and setbacks. with conformty of tnidinium s~de yards at 10 and 15 feet there will not be a need for further site deadng and excav, atin~ No evidence was submitted to suggest as aeverse impac~ on the physica! bi' bnvimnmentel condition to the neighborhood or community. B. Grant of the requested variance is the minimum action ~cessary and adequate to enable the applicant to enjoy thc benefi[ of a second-s'tory addition, while preserving and protecting the character~ of ithe n~ighborhcod and the health, celery and welfare of the community. RESOLUTION OF THE BOARD: la considering all of the above factors and applying the beJancing test under New York Town Law 267-B, motion was offered by Member Odando, seconded by Member Goehdnger, and dul~ carried, to GRANT the Variance as applied for and shown on the plans prepared by Penny Lumber dated 10/10/02. fea~re cf the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger and Odando. Absent were Member Olive and Member Homing.) This ~.~~ adopted Lydia A. To, cC~'ora, Chairwoman - Approved fo iling 6//d 103/ ,APPEALS BOARD MBMBERS Southold Towu Hail Lydia A, Toe,ora. Ctmirwomau 53095 Main Road P.O, Box 1179 Gerant P. Ooehringer George Homing r,~ Scethold, New York 119714)959 Ruth D. Oliva ZBA Fax (631) 765~9064 Vinceut Orlmxdo - Telephone (631) 765-1809 ia t~.p:/[southotdt owa.noritffork me t BOARD OF APPEALS, ~"' "I~E~'[~IVI~D TOWN OF S OUmi'HOLD FINDINGS, DELIBERATIr3NS AND DETERMINATION MEETING OF JUNE 5, 2003 ~jj, ,~[ ~ ~ o Property Location: 300 Bartley Road. Mattituck; CTM 1000-44-3-29 $' SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under uonsideratton in this ,application and detarmines that this review fatis under the Type category of the State's List of &ciions~ without an adverse effect on the environment if the pro]e~ is implemented~as pi~nned. PROPERTY FACTS/DESCRIPTION: The applicant's 8,451 sq. ft, parcel has 50 frontage, along Bartiey Road n MattOck. The properly is improved with a one-atory fram~ hpuse with attached garage, an a~sory shed and detached garage, and concrete block petio~ all as shown on the Peconic Surveyors November 3= 1988 survey revised May 8, 2003. BASIS OF APPLICATION: Building Department's November 12, 2002 Notice of Disappro~;al, citing Secl~on 100-242A and 100-244B, in its denial of a building permit for "as built? additions and alterations to an ex{sting dwelling with a single side yard at less than 10 fe~t. FINDINGS OF FACT The Zoning Board of Appeals heId a public headng on this application on May 15, 2003: at which time wnden and oral evidence were presented. Based uuen al{ testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the fctlowing facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting variances for an"as built' bathroom at the east side of the house, near the ex{sting deck and arbor at the rear of the house. The setback at {ts closest point is 2.8 feet for the bathroom addition at the east aide, +- 12.8 feet at the west side (total for both side yards +-15,6 feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the fo{lowing findings: 1. Grant of the relief requested will net produce an undesirable change in the character of the neighborhood or a dethrneet to nearby properties. The applicant has applied for ~.. an as-built addition 6~3" x 8'3' as shown on a construction diagram stamped by Lawrence Tuthill, P.E. and final survey revised May 8, 2003. The applicant admits that Page 2 - June 5, 200,~ Appl. No. 5276-- Ma~hew R. Maum 44~29 at MatUtuck the-addEien was canstructed w'~hout a bL~lding permit several years ago and is now seeking to tegalize the construction, 2. The benefit sought by the applicant cannot be achieved by some method, feas~le for the applicant to pursue, other than an area variance. Ti~e addition is a~ready in place, in a nonconfom3ieg si,de yard. Tha gra~ing of this vadenca would maintain the established se~backofthe hoUse buiJt manyysers pasL 3..The 2.8 Tr. side yard setback requested is substantial, however the add~en maintains the; ~am~ side yard~ setback as the e:dat~ng home and' continues the same degree of nonser~fo~ity~ 4-, '~e diffic~JIt~ has been self-created. In thai the eddEion is constructed, with no attempt by'applicant to incresee the already impacted 3 ff. side yard setback. 5. No evidence has been subm~ed to suggest that the proposed add'PUons will have an adve.~se im83ac[ on physicat er environments! condi§oos ~n the neighborh~ed, 6. Grant of the requested variance is the minimum action necessary and adequate to enable'zhe: applicant to enjoy the benefit of adc~itions and alteratiens, while preserving a~E pro[~r~the character of the neighborhood and the health, safety and welfare of the ~o~nmuni~ RESOLUTIQN OF THE BO~: in cansidaring all of the above factors and apply;ag the baJa~cJng t_est! under New York Town Law 267-B, met[en was offered by Member Goefldnger; se'donded by Member Orlando, and duly carried, to GP, AN¥ the setback variances as applied for anc shown on the engineer's construction diagram received January 28, 2003 and survey revised May 8, 2003 by Peconic Surveyor, P,O. This action does not authorize or condone any currant er future use, sethack or ether feature Of ~ subject properi~ that may violate the Zoning Cede, other than such uses, setbacks end~othar ~'eatures as are expressly addressed th this addon. Vote of the Board: Ayes; Members Tertara (Chairwoman), Goehrlnger, Homing, and Orlando. (Absent were Member Olive and Member Homing.) This R~.olutio~was duly Lydia A. To.~ara, Chairwoman -Approved for Filing S/~2/03 -- APPEA3~ BOARD M~¥1]:~,RS ~ Southold Town Lydia A. Tortom, Chakwoman ~ 53095 Main Road 6~rard P. Goe~inger EO, Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 X~mc~nt Orlando Telephone (631] 765-1509 hap://southoMtown.nor th~k.net BOARD O~' Ai~PF-,AI~ TOVv2q OF SO--OLD FINDINGS, DEL!BERATIONS AND DETERMINATION MEETING OF JUNE 5, 2003 Preper[y Locafiom 580 LHommedieu Lane, Southold; Parcel ~000-64-2-53. SEQ p,A DETERMINATION: The Zoning Board Of ~Appeals has v~ited the properly under consideration in lhi~ ~pplicat~on and determines that th!s review falls under the- Tyg~e category of the S~afa s List of Actions, withoul~ an adverse effect on the em/irenment if the project ta imp]emantad as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 7,932 sq. ft. parcel has 49.79 ff. frontage along the west side of Old Shipyard Read and 150.13 fL frontage along the south side 9f L'Hommedtau Lane in Southold. The proper~ is improved with a %1/2 story frame house with wood deck and detached accessory garage as shown on the February 3, 2002 survey, revised January 21, 2003, prepared by John Gallacher, L.S. The properly is shown a~ [of No. 71 on the Map of Founders Estates ~ed in the Office of the Suffolk County Clerk on May 10, 1927 as Map No. 834. BASIS OF APPLICATION: Building Department's January 2, 2003 Not~ce of D[sapprovaI, citing Section 100-244, in its den~al of e building permit to construct a se~:;'nd-st o~ addition located w~th a front yard setback at less th~n 35 feat. FINDINGS OF FACT The Zoning Board of Appsels held a public hearing on this application on May 15, 2003, at which lime writtan and oral evidence were presented Based upon ail tast[mony, docm'nentation, personal inspection of the property, and other evidence, the Zoning Board finds the following'[acts to be true and retavent: AREA VARIANCE RELIEF REQUESTED: Applicent wishes to raise the height of the ex~stthg dwelling for a new second floor, as detailed on the plans prepared by Ira Hespel, Architect, P.C. dated 12/23/02. The setback of the new construction will be over the eyJsting foo~rint and r~t closer than the ex~ing 14.1 ff. from the nor[hedy front proper6' line, at its closest point, shown on the survey prepared February 3, 2003 b~ John Gallacher, L.S. revised January 21, 2003. REASONS FOR BOARD ACTION: On the ban[s of testimony presented, materials submitted and personal [nspectioes, the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. The applicant's house is one of the Page 3- June5, 2003 ..... Appi. No. 5306--C. Copersino 64.-2-53 at Southold Vote of the Board: Ayes: Members Tortora (Chairwoman), GoehrJnger, Orlando, and Oliva. (Absentwas Member Homing.)This Resolution~~)~ Lydia A. ~airwoman - Approved for Fil,ng 6/~'/03 APPEALS BOARD MI~MBERS ~,~ Sesthold Tom Hall Lydia A. Tortor~, Chairwoman ~ 53095 Main Road Gerard P. Goehrln~ P.O. Boi 1179 George Homing Soudiold, New York 11971~0959 Ruth D, Oliva ZBAFax (631) 765-9064 ~rmc~nt Orlando Telephoao (631) 765-1807 http://southoldtowmmor thfor3cnet TOWN OF SoLrrI-IOLD FINDINGS, DELIBERATIONSAND DETERMINATION dt~L l MEETING OF JUNE 5 2003 .~.. Property Location: 5145 Main Road. East Marion; CTM I000-35-2-14. SEQRA DETERMINATtON;.The Zoning Board of Appeals has visited the property under consldera~on in this application and determfnes that this review falls under the Type ti cat.tory of the State's List of Actions, without an adverse effect on the environment if the prelect is implemented as planned. PROPERTY' FACTS/DESCRIPTION: The applicant's 1.5'i9-acre parcel has 238.3 frontage along the north side of NYS Route 25 (or Main Road) at East Marion. The properbj is located in the Limited Business Zone District and impmYed with a restaurant and small oabifi structures, shown on the map prepared by Young & YoUng, L.S. dated June t9, 2002, revised Mamh 3, 2003. The applicants also have a parking lease web the owner (V~ll{~qe of Gmenpqg}[ for their restaurant's expanded parking on the adiacant parcel (CTM 1006-35-2-15.1 el; 2~058 acre). BASIS OF APPLICATION: Building Department's August '14. 200~ Notice of D~sapproval, amended' March 13. 2003, citing Section '100-2448, in ~ denial of a building permit to construct hotel units in this Limited Business (LB) Zone District, after removal of the.ex~sting cabin structures. The new hotel units are proposed to be located at le~s than 20 l'eet on a singI~ side ysrd, ~ess thsn 45 ta~ for bath side yards and less than 76 Seat in tho rear yard. FINDINGS OF FAGT The Zoning Board of Appeals held a 3ublic hearing on this application on May 15, 2003, at which time written and oral evidence were preseated. Based upon all tasamony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting Vadancas for setbacks of the proposed new buiidings~ after removal of existing frame buildings and noted on the plan prepared by Young & Young, L.S. revised March 3, 2003. The closest setbacks are shown for Duplex Units 718 at 20 feet from the northerly rear lot line; Duplex Units 9/10 at 23.64 feet from the norlherly rear lot fing; Duplex Units 5,/6 at 12 feet from the westerly side lot line; Duplex Units 3/4 at 10.99 feet frem the weatedy side lot line. Page 2- June 5, 2003 AppL No. 5019--Giannaris and others 35-2-14 at East Marion REASONS FOR BOARD ACTION: On the basis of testimony presented, matedaJs submiEed and personal inspections, the Board makes the following findings: 1. Grant of the setbacks requested will not produce an undesirable char[ge ir1 the character of the neighborhood or a detrirr~ent to nearby properties. Applicants have applied for replacement of up to '14 buildings with a total of ten [1 O) new duplex units in a [oral of five (5) new buildings. The new b~ildings are bein~ Io~at~d on site in a circular coof[guretion adjasen[ to a large park~g lot and e)~sting rastaurant, located on the ea. st side of Applicants' prOpOsals have been the nature of many. agencY At the public h to indic~ate tbot ~ requested radar[cas changes in the neighborhood o~ to ~earhy ~ and west sides~ by th~ s]and's End the Village of Gme~r~ (ieased it ~sthe deto~niha~on of :vanances will not in any,~ay alte~the 2. Thc. bc:~ .~.~ .~o;;~'t by~:h? ;F~'=';c;~"~ c~nnot be achieved by some method, f~.asible no nco~orming, b~ildin.gs jn non~conf6rrrdng locations. 3. '~ha -el'[~ rc".:t.3~tc~d i5 ne: ~:.[;~[;,l'?'=iL r~ r','(.: c i.-site Jnspecttens and knowledge of & Therequest fc.r v~"i3rccs's s.,Yr-,':r~:~t::d. A'i ,~' [=la construction will be placed in the parking. 5. Np e¥ denco, . has been submi[ted to sug_gesf, that the §rant of setback variances for new~.di~ptex buildings, after removal c~f existing nenconform ng structures, wi I have an advere~ ime~ct on physical or environm.;ntal conditions in the neighborhood. Page 3 - Juno 5, 2003 Appl, No. 5019 ~- Giannaris and others 35~2-'14 at East Marion 6. Grant of the requested setback relief isthe minimum action necessa~ and adequate to enable the applicant to enjoy the benefit of new construst~on in this Limited Business Zone Dis~st. while preserving and protecting the character of the neighbo['hcx:x~ and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: ~rt cons[de~g ali of the above factors and applying the baiancing ~test pnder New Yor~ Town Law 267~-B, mot[on was 'offered by Member Goehdngo~, seconded by Chai~voman Tortora; and duly carded, to GRANT the Vadaoce as applied for and shown on the plan prepared by Young & Young, lz.S~ dated June 19, 2002, revised March 3, 2003, This actlo~ does not apthodze or condone any current or future us~ setback or other feature of :the subject property that may'violate the Zoning Code, other than such uses, setbacks and other' fea~Jres as ar~ expressly addressed in this a~on, Vote of the Board: Aye~ Members Tortore (ChaJrs~man), Gcahringer, Homing, and o,~ando. (~ent w~ ua~n~r o,~,~. ) Th~ Re~o[~fion was'~u~y~o). y ' .~t'o~l , ' - Approved for F' 'rig 6180 /03 ·, APPF~LS BOARD Soft, cid Tov~ L~a ~ To~6r~ Ch~om~ 53095 M~ Ro~ ~g Ho~hg S~ol~ N~w York 119~ R~ D, OHva ~AF~ (631) 765-90~ ~m~nt Orl~ Telephone (631] 765-18~ BO~ O~ ~P~ TO~ OF SO~O~ FINDINGS. DELIBE~TIONS AND D~ERMINAT[ON ME~N~ OF JUNE 5, 2003 Zone Dfs~: R~0 Low~ns~ R~ide~. VARIANCE RELIEE ~QUESTEO: App/i~nt is requesting: (a) an lnmw~m~on under ~de ~, ~[~n 100~ ~ th~ Z6nh~ Cede for a Reveal of ~e Build]~ q 00-2~. and ~ 0~B~ aulh~ng pm~d ~d{fion/~m~ons ~ ~e e~ng ~umn~ a 9on~n~ml~ ~usiness use fna non~o~in~ foo~nt w~ a front ~rd set~ proposed at 2~ f~t On~alng ~f ove~angs) ~ i~ closest point to ~e noahe~ front SEQ~ D~ERM~ATION: The Zoning ~ of App~ls has ~s~t~ the pmpe~ under ~ns[dem~on in this an~li~on ~d dete~[n~ ~at this m~ew fal~ under me T~e ~te~ of the ~te's ~ of A~ions without an adveme e~ on ~e en~mnment pmje~ is im~leme~ed ~ planned. PROPER~ FA~S/DESCRIPTION: The appJi~nt's 21,932 sq. ff. pardi has 115.17 f~e along t~ east ~de~ Kenney's Road ~d 183.48 fe~ along the south side of No~ Sea Ddve. So~thold. The pmpe~ Js improved with a one-~o~ ~u~t buildi~, sEuated at 22.8 f~t from ~e ~nt lot line fad~g Nod~ Sea Drive and *-14 ~et fro~ the fmn~ fad~ Kennels Road, at i~ closet point, as sho~ on ~e De,tuber 6, 19~ site map prep~ by Donald J. Bmr, ~A. BASIS OF APPLICATION: Building ~pa~ent's November 13, 2001 No~ of Disapprevai, amended 'Novem~r ~4, 2001, Feb~a~ 13. 2002, and O~ober 22, 2002. d~ng Sections 100-31A, 100-2~ and 100-2~ in its denial of a build~ng pe~it appli~t~on to ~n~ru~ ~dA~on/ai(e~ons to ~e e~st[ng r~umnt building. The reasons s~ted de~ia] ~rthe ne~ conS~U~on am: (a) an approxima~ 48 per~nt ~crease is prop~ed of t~ ex[~ing ~ ~ ng ~nt~n ng an e~s~ng non~nfo~ng use. ~ead of the ~de ]imi~n. when locked i~ a noncommercial zone district (R~0 Residen~a0; (b) t~ se~a~ ~ll"be I~ ~aa'the ~de r~uimment of 40 feet. FINDINGS OF FACT The Zoning Board of ~pe~s held a public headng on this appli~aon on Febma~ 28 2002, November ~4. 2002, and Janua~ 16, 200~, at whi~ ~me ~Een and oral eviden~ prepe~, and other e~den~, the Zoning ~oard finds the fo~lo~ng fac~ to be ~e and Page 2 - June 5, 2(]03 AppL No. 5051 -Cliff & Phil's Lobsterhouse 1000-54-5-22 at SouthoEI FINDINGS 1. The applicant has applied fora use and area varianco in order to expand the size of its non-conforming restaurant located on the comer of North Sea Drive and Kenney's Road. 2. The propeKy is. improved with a 2,860 square foot restaurant with small bar/lounge/waiting area. According to the applicant, the restaurant presently has 74 dining seats and 16 bar/Iounge/~vaiting area seats. 3. The applicant seeks to add an additional 1,418 square feet. This would be a 49.5% increase to the existing building, 4. Under Section 100-243 the applicant could increase the size of its building by 35% or 42~c square feet "as of right." With Planning Board approval, the building coutd be expanded'by 30% or 858 sqL~are feetwithout the need for a use variance. ~. Thus, the app icant is seeking a ustc var ance from this Board that would oermit expansion of an additional 560 squa~'e~,o,ver what would be permitted with approval from the Planning Board a~d without approval of this Board. 6. The applicant reeuests this addition_a! 560 square feet of ~'~o~ ;,,- ;,, ,-,~ - ~- create bathrooms that are compliant ~ith the requirements of the Americans with Disability Act; to increase the volume of business at the restaurant; and to improve the appearance of the property by redoing the exterior of the building and maintaining a mature ands~caoing plarr. 7. To obtain a use variance, an applicant must show that it cannot realize a reasonable return on its p~perty if u~ed in compJiance with zen rig; that its alleged hardship is unique; that the vadanse, if granted, would not alter the essential character of the district or neighborho~)d~; and that the alleged hardship is not self- created. In granting a use.' varance. {ha Board is obligated to grant the minimum variance ~eemed necossa~y and adequate to address the applicant's unnecessary hardship and at the same tree, preServe and protect the character of the neighborhood. 8. Three public headngs were held en this application. The Board was presented with substantial evidence and memoranda both in support and in opposition to the application. Page 3 - June 5~ 2003 - AppL No. 5051 -Clef & Phil's Lobste~house 9. Based upon the record before [t and its ow~ personal observatk~ns and tam[lianty with the property and neighborhood, the Board makes the following findings: a. it is undisputed that the restaurant, located in a residential neighborhood, is and has been a. non-cenforming use. · b. the applicant has p~nted substantial evidence that it is not able to realize a reasonab!e ret[tm from.the property withoat an expansion. Amorig other evidence, the applicaht presen~ted a report from Es certified public accountant arid its tax reton~s that show !bSt'the.propert~r has operated at a i~ss orat marginal prot'~ over the past several y~ars. A~ e~pan~lom woo[d permit 'addE ona tab eS ai~d' thereby permE the applicant to ganet:ate greater revent~e. The a~plicant further produced' evidence from a rea[ estate appraisat ds to the value of residential proper~y !0 show thst.the cost of conve~tthg this nm3-cenform ng restaurant p~operty to a ce~rmthg~ residential Use. is cost preh b tire Based [~p~n this show~ng, the Board fmcs th~ sne, Xpansiob of the a ~'eady non-conform n~ use [s warrantL-=d to allow th~iappl~can~ to realize a re~sonabie return from tis prOper[y. · ~. the Board finds that th~ applicant's plight ~s unique in this distri~, it is the omy res-,~aurant in the neighborhood. The grant of a use vadan~ce, hem will not create a preced~ni[.that wcoid appiy to a Substantial POrtion ~fthe d St~i~ er neighborhood d, with respect to preseP/]r~g the essential character ofthe neighborhood, it ~_ undisputed that the character'of the neighborhood iS residential. The restaurants 'elative ~ze and location on a comer has made it a good neighbor to the adjoining and nea~.'~¥ ~ornes. This has been the Case n large measure due to the operat on of the prerh~e~ a~s a lam y i'eataum~tt and not as e night club or bar. The app cant's pan, p~opo~ed, would substan~ally increase, among other th~ngs, the has ~aised~just~fiab e concerns that the becoming a the t in ordei~ to preserve to hours of operation , restaurant does no; sought E Board a c.~ims ~ ",O,L:ll";')~!,l;JO[; r'm.:;~:;y c,,~l.·!~[;~(~c'. ::e": =!;:~!: 'Mtl- Fi."..:~n;,~5 F.~..u-d prov~da the a~pllcaat a total 3 Page 4 - June 5, 2003 - ~ ~p[. No. 505~ - C~'~T & Phil's Lobs~rhouse expansion of '~,f44 square feet resulting in the building having a total of 4,004 square feet. e. To further ensure that the nature of the non-conforming use remains uechanged, any recontigurst~on of the restaurant due to this expansion will be required to limit the expansion of the seating capacity in the barJlounge/waiting area to a maximum seating capacity of 23 seats to generally maintain existing accesso['y use ratio between seats in the barJlognge~aiting area and dining seats. Thus, ifthe dJnirtg seating capacity is enlarged to a ma~murn of 94 seats, the bar/lounge/'wa~ng area seating qan be expanded to a~maximam capac'~y of 23 seats. Thta limi~on will maintain the seating ratio that presently exists between bar/Iounge/wait~ngarea and dining seating. f. The Board finds that a total expansion of f,144 square fee~, coupled with the limitation on the expansion of the number of seats in the dining and the bar/lou~?,va~ting area will be the minimum variance necessary to alleviate the applicants t3narTc~ hardshYp whi e at the same trine not adversely mpact on the eun-ound'~ re~dentla ee[ghborhood. Th~pp ice'twill be ab e to either ach'eve ~r come ver~ cldse to achieving the increased rsstSuraat seating [4 seeks and thus increased'revenue it anticipates. g. To ~u[~ther ensure that the nature of the use does not advemely change and create nega~tiy~ impacts on the surrounding Yesidenfial community, the Board finds that a I'm~tafion on the hours of operation is warranted, it appears that correnfly the iast seating at the restaurant is generally at 8:30 p.m. The applicant has requested ho~rs from 9:00 a.m. to 1:00 a.m. from Sunday through Thursday and from 9:00 a.mI ~o 2;00 a.m', on FrkJays and Satu~ays. The hours sought are not consistan[ web ~cae of the current use and w~t~ld dramatically and adversely impact on the~Ra, J~tude ofthe surrounding residential area. The Board finds that ~ closing at 'i l:(/b'~,m, on Sundays, and on Mondays~hrough Thursdays at 1 ~:30 p.m. and on .Fridays ~nd Saturdays ;at t:00 a.m. is conSistant with the current use of the properbj and wig~ol:adversely impact on the reside~l neighborhood. h. The appJJcant's hardship is not self-created. The restaurant has been in existence f0:r rpany years. The need to upgrade the premises ~o comply with the. requiremen~ qTtl~e A.D;A., [~impreve its aesthetics, a~d to generate mere revenue are outg~owths~df t~e pre-exi~ng nature of the use. 10. The are~ variance sought from the front yard set back: requirements for the: extansior of the building does not increase but maintains the Cu~Tent front yard set bac~ of the existing building, Thus, the grant of the area vadance will not result in any signh~caet change to existing character of the neighborhood, nor will it have any adverse affect on the physical or environmental nature of the area. Since a use vadanca permitting the expansion of the building is warranted, the feasible means of expanding the premises is by extending the existing building line. Thua them is no meaningful alternative hem to the need ~rthe Variance is a0t eslf-cr~ated. 11~. Based upon these, findings and criteria, the Board grants a front set back vadaaca, ata ~[nimu~ of 2~J feet, maiota ning the exist ng building line. and gra~,s a co~d~tio~al use variance RES'OLUTI'(~N, OF THE BOARD: Based upon the findings arid criteda set forth u der New,York: Tow~ Law, motion was offered by Member Olive, seconded by Member,Odandd,~,~nd'~uly carried, to: GRANT a fi'ont~yard set back variance at a minimum of 2t feet, maintaining the existing building line from North Sea Drive; DENY the .requ~ested use variance 3erm~ing an expansion of aa additional 580 s~uare f:eet o~:er me 858 square feet that could be obtained with Planning Board appr0~/al ahd Without a,,use variance, and ALT,ERNATIVELY' GRANT a minimum use vadanca permit~dng the applicant to add an a~diti~]~a[ 2~6 equate feet, over the 858 square feet that ~t caul~t obtain with Planning B0ard appreval and w~thout a varianca, sube~t to the fo ow~ne conditions: a, The seating capacity of the bar/lounge/waiting ama shall net exceed 23 seats. b. The hours of operation shall be from 9:00 a.m. to 11:00 p.m. on Sundays~ and on Mondays through Thursdays from 9:00 a.m. [o 11:30 p.m. and on Fridays and Saturdays from 9:00 a.m. to 1:00 a,m. c. Simultaneeus[y witi~ the expansion of the building, the applicant shall improve the exterior of the building consistent with the renderings submitted as applicant's Exhibit 5. d. Any expansion shall be subjest to Planning Board site plan approval. 5 ~ i App!~ N~ 505~ - C!~ & F'hiI"~ Lobsierho~se e. Deliveries for the premises shall be on weekdays between the hours of 9:00 a,m. and 8:00 p.m. f. All HVAC unYm shall be sound proofed and all exhaust from the restaurant must be ~Jtered to control cooking odors, g. Therewtl! beno further expansion ofthe footprintof~he building. h. The applicant will prepare a declaration of covenants and restrictions containing these conditions, in a form st~itab!e for recording in the office of the Clerk of Suffolk Coun[yand acceptable to the attorney for the Zoning Board, Vote of the Board: Ayes: Members Tortom (Chairwoman), Goehringer, Orlando, and Oliva, (Absent was: Member Homing.) This Resol~[~aTWaS~d~ulyadopted (4-o). Lydia A. T~ttora, Chairwoman 6//o /03 APP]~kLS BOARD MEM~BRS -~ " Southold Town Hall Lydia A. Tor~ora, Ch~invoman 53095 Mate Road Gerard P. ~ochringcr P,O. Box I179 George Horniug Southold, N~r York i1ff71-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 V'mcent Orlando Telepholm (631) 765-1809 ht*p://sox~tholdmwnmorthfork.n~ BOARD O1' APPEALS R~EI~ED -. TOW~ O7 SOU~r~O~ FINDINGS, DELIBERATIONS AND DI~i'ERMtNATION MEETING OF JUNE 5, 2003 Appl. No. 5359~- JOHN and KATHLEEN AHEARN Property Locafioa: 480 Dawn Drive, Greenport; CTM 35.-5-13 SEQRA DETERMINATION: 'Ihs Zo~3ing Board of Appeals has visited the property'Under consideration In this application and determiqas that. this revery falls under the T3,'pe II category o~ the State s List of Actions, w~out an adverse eff~ect on the envJronmenf if the project isJmp[emented as planned. PROPERTY FACTS/DESCRIPTiON: The applicants' property contains 15,662 sq. ft. of land area with 100 feet along Dawn Drive. The prope~y is [mpreved with a one-story, single-family dwel~ng and swimming pool structure, both tocated as shown on appl[cante' Apr[ 29, 2002 sun/ay prepared by Pecen c Surveyors, P.C, BASIS OF APPLICATION; Building Department's April 29~ 2003 Notice of Disapproval, citing Sections 100.242A and 100-244 in its denial of a building permit application to construct a perch addition to the dwelling due to insufficient side yard setbacks and tat coverage in excess, of the code limitation of 20% of the tot area. FINDINGS OF FACT The Zoning Board of Appeals held a pub!ic hearing on this appliceiton onMay 15, 2003, at which time written ant oral evidence were presented. Based upon ail testimony, documentation, personal inspection of the preped, y, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a porch consisting ofapermanen[roofoverapo~onoftheprepoaeddeckaddif~onhehindthedwelling. The setbacks for the proposed porch area will remain as applied in ZBA AppL No. 5086 rendered May 16, 2002 at 9'6" on one side and 10 ft. on the opposite (northerly) side, at its closest oointe, and at a maximum of 23.8% lot coverage. REASONS FOR BOARD ACTION: On the ~asis of testimony presented, materials submEted and personal inspections, the Board makes the foltewing findings: 1. The granting of these variances wH[ not produce an undeskab[e change in the character of the neighborhood, or be a detriment to nearby properties, because the app[icante see[< to construct a covere~ ~orch, with an approximately 450 sq. ft. increase in the building foo~-pdnt to this single family roa~dence. In a prior applicatioa, #5086. this applicant was the granted variancas necessary to construct a deck of identical size anc slacement 35.-5-13 at GmenpOr~ relation to the existing building, The addition of a roof (and a possible future screen enclosure) to the previously approved constru~on will not create any detrimental changes to the neighborhood. 2. The bepefit sought .by the applicant cannot be achieved by some other method, feasible for the appiicanl: to pursue, other than an area variance, because in the_prior application #5086, the applicants requested vadancas to build a deck, not a~, porch, withput a full understanding of the code definitions b~,,tw, e. en the two s~:uotures. The applicarlts acknowledged, and are requesting ~llef fTofl3 the condEion <.~ntainea th,the prior approval of the board which stated: That the deck remain open to the sky.~ 3. The. requested rsJief is not sub~stsnfial because the only area affected by the ~[ranti~cj e~:the t~ewv~ria~3ces is t~e same footprint area granted Appi. No. 5086. Total ]~t cave.ge ~ll'~h~ain identical to tl~e prio]: relief approved, which Js 4. The proposed variances will nat have an adverse effect or Jrt .)act on the physical or environmental conditions in the netghborffeed, or district because of the sinai! scale of such p~-opesaL 5. The difficulty for the applicants is se[f-created by a previous misunderstanding of Town Code. 6. The relief offered to this applicant is the minimum determined ~ecessary for this applicant to enjoy the benefit of a covered porch, while at the same time protec[ing and preserving the character of the ne)ghbarhood, as well as the health, safety, and welfare of the sarroueding community. RESOLUTION OF THE BOARD: In considering ail of the above factors and applying the ba[ap, cthg test under New York Town Law 267-B, mot on was offered by Member Odando, seconded by Member Goehringer. and duly carried, to GRANT the Vadance as applied for and shown on the plan as highlighted for the porch ama, with the only intent of this board to remove and withdrew Condition No. 3, and subject to same CondJfions No. '1 and No. 3 rendered in Decision of application ~5086, repeated and rewritten as follows: 1. That the side setbacks shall be no closer than 9'6" on one side and 10 feet on the opposi~:e (northerly) side, at its closest poinPs; and pages --June 5,2003 AppI, No; 5389 - d. and K. Aheam 35.-5-13 at Gree~port 2. That the lot coverage shall not exceed 23.8% after the addition of the porch/deck. This action does not authorize or condone any current or future use. setback or other feature of the subjec[ property that may violate the Zoning Code, other than such uses, setbacks and ether features as are expressly addressed in this action, Vote of th~ Board: Ayes: Members Toriera (Chairwoman), Goehringer, and Orlando. (Absent were: Member Oiiva and Member Homing). Th~s Resolution was duly adopted (3~o), Lydia A~ Toj:~dm, Chairwomen- Approved for Filing APPEALS BO.ARD MEMBERS ~60~% .a Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road P,O. Box 1179 ~.-,, Get atdP. Go ehringer ~----/~11 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 ~ Telepbone (631) 765-1809 Vincent Orlando htrp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Final 615103 2:00 pm AGENDA THURSDAY, JUNE 5, 2003 SPECIAL MEETING 6:00 p.m CaI~ to order by Chairwoman I. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS: Carryovers (headncJs concluded 5/15/03: Appl. No. 5305- Metissa Corwin Clark AppL No. 5359 - John and Kathleen Aheam Appl No. 5314 --Joseph A. and Monique Robin AppI. No. 5310-Anthony Palumbo Appl. No. 5276 - Matthew R. Maum Appl. No. 5304-- Richard W. Corazzini, Jr. AppL No. 5309 - Nick Bruno Appl. No. 5306 - Claire L. Copersino Appl. No, 5202 ~ Duryea Trust Appl. No. 5019 - George Giannaris, John Giannads and Others/Hellenic Cabins Appi.r NO, 5287- Warren Melhado Appl. No, 5313-VI Hold Carp. and J.& C Holdings Hearinos concluded 5/1/03: Appl. No, 5259 - Estate of Murray SchlusseI-Await wdtten comments from A_ Wickham, Esq. for Fleets Neck Association. Appl. No. 5149 - New Suffolk Shipyard Headna concluded 1/16/03: Appl. No. 5051 - Cliff & Ph[Is Lobsterhouse I1. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shaft be limited to zoning issues properly before the Board. 6:30 p.m. Madeline Droeee #5186. (continued from 4/17/03) Request for a Variance under Sections 100-33C, 100-30A.4, 100-31C. based on the Building Department's April 26, 2002 Notice of Disappreval stating that the proposed structure is not a permitted use, and that it does nOt meet the code's height limitation or minimum setback provisions. Applicant proposes an accessory wind turbine structure at less than 50 feet from the front property line and at a height greater than the code limitation of 18 feet, at 885 Perry's Drive, Orient; Parcel 1000-14.-2-24. Resolution to nostpone Anl~l. No. 5186 Droecle to september 1'1 2003 at 6:45 I~,m. Der request of both Daniel C. Rose, Esq. and Patricia Moore, EscI. in letter 6/5/03. Page 2 of 2 Agenda Spe~.,al Meeting June 5, 2003 Southold Zoning Board of Appeals ~ 6:45 p.m. App. No. 5264 - MICHAEL PISACANO. The applicant has filed a requesl for a Lot Waiver under Section 100-24A based on the November 7, 2002 (amended 1 l-8- 02) Building Department's Notice of Disapproval for consU'uction of a single family dwelling; The basis of the Notice of Disapproval is that th~s 73,616 sq. ft. parcel is not penn/tted in the R-80 District because it is not a recognized lot by any of the four code standards, under: 1) The identical lot shall be created by deed recorded in the Suffolk Cotmty Clerk's office on or before 6-30-83, and the lot conformed m the minimum tot reqb~rements set forth in Balk SchedVJe; 2) Lot was approved by the Southold Town i Plalming Board¢. or 3) Lot is shown on a sabdivision map approved by the Sbuthold Term ]3~ard prio~ to 6~30-83, dr 4) Lot is approved/J'ecognized by formal aqfio~ o.ftheBoard of Appe~l~ prior to 6-30-83 Location o£Property 1457 Cox Neck Rd., Mat~tuel?4 Parcel' ~0'0~113:-07-1~9;11. Resolution to. advertise AooL Nob 5361 for J;ulv 10, 2003 and ca~le ~llgt~, A~O~qo.~ 5264 - Mieha~! l'isa~/n0. 7:00 p,m.,~ ~526q - (con~u~ ed from 3/20/03) Applicant requests Variances un,d~r ~edtid, n~ ,106-24B and 100-3~ 13ase~ on the Bmlding Department s October 30 ~ 2002A~6~e,,, ~,,~D~sap~ l~::,toval ,:f°r ~Wactton, o~ a szngle .... family dwelling. The reasons s~ted tg ~¢ N~e¢ of D~s,.approv~l are, 1) ~he constmctaon of a single family dwelbng on '~--- · noqqolff~rm~ 75~687 sq ft, pareeLm the R-80 D~stnct ~s not permatted; 2) the lot ~s rot'. &:0?d~,?d'. ~f'~d !% t.-c i~ a mari,~h ahd 3) tke 6onstmcfion ora s/ngle family dwelling :xould. coc,qlclc ~i. ,cc(u:d use. LocatiOn o~Property: 580 Basin Road, Southold (Pata~e,p,Vlnt); Parcel #~000-81=16.7. 7~10 p,m.. 8. Sachman and A. Ouadrani #5302. (continued from 5/15/03) Based on the B,ui!&,'~ Dep .ardtment's Oetobe, r ~, 2002 Notice of Disapproval, applicants reques, a Variance Under Sections }00-33C anc[ 100-32 to locate an accessory swimming pool as an accessory: s,tructu~e at less than 50 feet from the front lot line, at 4705 Nassau Point ~)adl Oa, tghogge; Parce~ 1000-1~1!-9~9. Resolution to consider ai)i)licant's May 30. 003 i,e(lueSg fbt~ ad|out'merit t0 Jdl¥ 24. 2003 at 1:00 End of heeting$. Public meeting eonOnuos: I11. OTHER RESOI. UTIONS/UPD~T~D REVIEWS/OTHER: ~ Resolution to withdraw!AppL Ne. 5~ 98 - S. LaGuardia as per letter of May 7, 2003. 2. RgsgutontO,withdrawApp ND 53,47-G Bschoff asper etter of May 22, 2003 3. Reso, lut on to withdraw AppL No, 5342 - East Marion F re D strict as per etter of May ~ ~, ~003. 4. RoS4iutjon to consider applicant's May 30. 2003 request for adjournment to duly 24, 2(J0:~ at -h~5 p.m. re: Appl. No. 530~ 3. Seved,ni (adjournment from 5/~5/03). 5. Posgfble Di~ussion/Rcsolutioh 'to mopefi DiBartolo #5254, and advertise for public hohring atthe 8/28/03 RegularMaetin§. IV. POSSIBEE EXECUTIVE SESSION