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HomeMy WebLinkAboutZBA-01/09/2003 SpecialAPPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando 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 http://southoldtown.northfork.net MINUTES SPECIAL MEETING THURSDAY, JANUARY 9, 2003 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, January 9, 2003 commencing at 6:45 A.M. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member Ruth D. Oliva, Member (7:18 p.m. to end) Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary Absent: George Horning, Member 6:45 P.M. Chairwoman Tortora called the meeting to order. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS: (No action was taken, new reviews are pending). PUBLIC HEARING: None were held. DELIBERATIONS/DECISIONS/OTHER ACTIONS: The Board deliberated on the following apphcations. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIED ZBA #5212 - FRANK SCAVONE DENY WITH ALTERNATIVE RELIEF: ZBA # 5199 ADRIANNE GREENBERG and MARY C. GABRIEL Page 2 - Minutes Special Meeting held January 9, 2003 Southold Town Zoning Board of Appeals APPROVED WITH CONDITIONS ZBA #5209 - DIANE DANEK Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Homing and Oliva were absent. Member Oliva arrived at 7:18 p.m. APPROVED AS APPLIED ZBA #5219 - JEREMY and JEAN GOELL ZBA #5226 - KATHY and JOHN CHESKA APPROVED WITH CONDITIONS ZBA #5234 - GUSMAR REALTY DENY WITH GRANT OF ALTERNATIVE RFJ ZBA #5216 - E. SHEEHAN Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. RESOLUTIONS/UPDATED REVIEWS/OTHER. RECORD CONCLUDED/RESOLUTION ADOPTED #5179 - C. SIDOROWICZ: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to confirm the record concluded for the purpose of commencing deliberations for ZBA #5179 - CHARLES and CHARLIE SIDOROWICZ. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carded confirming ZBA g4942 - Breezy Sound Shores carryover hearing to January 16, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. Board Members briefly discussed the Association of Towns Meeting 2/16-2/19/03 - Day and planning of day trips. Board Members briefly discussed new inspections on pending files and work draft on Marinakis for alternative. Board Members briefly discussed a site inspection regarding request right-of-way variance under NYTL Section 280-A for a pending Appeal # 5084 - 640 Church Street. Page 3 - Minutes Special Meeting held January 9, 2003 Southold Town Zoning Board o£Appeals Board Members briefly discussed the recent submission of updated site maps regarding Appeal #5265 - Suffolk County Development Agency and North Fork Bank; also pending submission by applicant of a corrected Notice of Disapproval to reflect correct building width (388+/- feet instead of 360 +/- feet that was noted by Building Department). There being no other business properly coming before the Board at this time, Chairwoman Tortora declared the meeting adjourned. The meeting was adjourned at 8:10 p.m. Respectfully submitted, IXOWalSK1 Included by Reference: Filed ZBA Decisions (7) Approved for Filing RECEIVED Soulhold Town Clerl, APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D, Oliva Vincent O]clando Southold Tc~wn Hail 53095 Main Road P.O. Box 1179 Southold, New Yoxk 11971-0959 ZBA Fax (631~) 765-9064 Telephone' r(631) 765-1809 http: southoldtow~t.nor thfork, net BOARD OF APPEALS T~WN OF SOUTHOLD FINDINGS, DELII~ERATIONS AND DETERMINATION MEETING OF JANUARY 9, 2003 Appl. No. 5219 -JEREMY and JEAN GOELL Pro,perty Loc~ti~n; Main Street (N~w Suffolk Avenue), New Suffolk; 117-9-16.2. SEQRA DETERMINATION: The Z~?hing/,Board of Appeals has visited the property under icor~sideration in this application aOd determines that this review falls under"the Type II ~category of the' State's Li~t of Actions, Without an adverse effect on the environment if the project is implemented as planbed. "PROPERTY' FACTS/DESCR PTION: Applicants' property is a corner lot fronting along 'the' so,uth', side of Main Street (a/~a New Suffolk Avenue) and the west side of Fourth '~street in'New Suffolk. The I°t con~sts of approxlma{ely 12,3200 sq. ft.: of land area and cor~tains an ex~sting two-story fra~ne dwelling and accessory garage, as shown on the ~'O~;tober 261 1999 survey preParec~ by Rampa~t Surveying, P.C. / BASIS CE APPLICATION: Building Department's August 22, 2002 Notice' of tDiSapprovaii concerning proposed additions and alterations to an existing building With setbacks ~cldser than 35 feet from each the front lot line and rear lot line. ~ INDINGS OF FACT The Zoning Board of Appeals helc~ a public headng on this application on December 12, 2002; at Wh~,c~ timewdtten and oral evidence were presented, Based upon all testim0ny, do,cume~at~o~ persona inspectbn of the property and other, evdence the Zonng Board:flnas ~he following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: A Vadance is requested under Section 100- 244B ~f,the Zoning Code for a r~ew addition to the existing dwelling with a 27.5 feet Setback Cro,m the ~frorit property Iline. This new front construction, is shown on the ar~chite~ July 25; 2002 site p ar) (Project No. 0226 Sheet 1); PraParad by Boulevard Pl~nr~ing,l~-ast, P.C. for a 16.5 feet by 7.6 feet porch addition. (~he remaining section to thI~ ,rear.~pf. ~ ~tl~i'n~ew front yard section beyond the 35 ft front yard minimum setbac~k s al~o~shown,19mthe*same site plan with two-story and one-sto~ ,~tadables.) ' REASONS .FOR BOARD ACTION: On the basis of testimony presented materials su, bmitted and personal mspecbo~s, the' Board makes the ,f°ll°wmg findings: · Grant. of the vanance Will not produce an undesirable chahge m the character of the neighborhood or ~a detriment to nearby properties. The neighborhood is primarily developed, wi~ older homes on gmatl nonconforming lots, many with setbacks that do Page 2 - January.' 9, 2003 Appl. No. 5219- J. Goell 117-9-16.2 at New Suffolk not meet today s code requ rements Many Of the lots in the neighborhood are d~veloped with nonconforming setbacks, both in the front and rear yards. 2. The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue ether than a variance. The property is a small 12,196 square foot corner lot. Applicant's single-family dwelling has an existing front yard setback of 27.5 feet instead of the required 35 feet. It will remain at 27.5 feet with the new construction. The applicant has an existing rear yard setback of 33.7 feet instead of the required 35 feet. With the new construction the rear yard setback will remain at 33.7 feet. 3. The variance granted herein is substantial in relation to the code requirement. However, it in not substantial in relation to the existing properties in the immediate neighborhood. Without a variance the applicant would be unable to remodel his home. 4. The alleged difficulty has been self-created because the code required setbacks were in place when the applicant purchased the property. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a remodeled home while preserving and protecting the character of the neighborhood and the health, .safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law Section 267-B, motion was offered by Member Oliva, seconded by Chairwoman Tortora, and duly carried, to: Approve the vadance as applied for, and shown on the Architect's July 25, 2002 site plan (Project No. 0226, Sheet 1), prepared by Boulevard Planning East, P.C Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando and Oliva. (Member Horning of Fishers Island was absent,) This Resolution was duly adopted (4-0). Lydi/a/A. TortOra, 0hairwoman 2-,¢ -03 APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehnnger George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 MMn Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:, southo}dtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AN, D DETERMINATION MEETING OF JANUARY 9, 2003 Appl. No. 5269 - Diane Danek Prope~y Location: 290 Great Pond Way. Southold 1000-59-9-10.3 SEQR32, DETERMINATION: The ~oning Board of~ Appeals has visited the propert~ Under eonsideratio,n in this application and 4etermmes that this review falls under the Type ti category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as-planned. PROPERTY FACTS/DESCRIPTION~: Applicant's property is 31,765 sq. f. in area with 62.03 ff. along Gmat Porid way, Southold. The property is shown as Lot 3 on the Map for "Community Development Agency," and is improved witha 1-1/2 story frame house as shown on the February 13 1990 survey map !0mpared by P ic Surveyors, P C BASIS OF APPLICATION: Buildin~ Department s May 8, 2002 Notice of Disapproval for an 'fas built" nonconforming setback of ~ deck addition to the dwelling located at less than 35 feet from the front lot line as shown on the 5/7/02 plot plan prepared by Boulevard Planning East, P.C F N INDI GS OF FACT The Zoning Board of Appeals held a public heating on this application on December 12, 2002, at which time written and oral evidence we, re presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant: AREA VARIANCE REQUESTED: Applicant requests a Variance under Section 100-244B for an "as built" 6' by 17'3" open deck addition to the front of an existing dwelling. The "as built" deck is noted at 34.75' at it closest point from the front property line, instead of the code-required 40' minimum, as shown on the plot planl-h prepared by Boulevard Planning dated 5-7-02. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board ma~kes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The variance involves a small open deck addition coanceted to the existing front entry and steps. The remainder of the residence will retain the existing 38' front yard setback at it closest point, which is similar to other nearby properties. Page 2 - January 9, 2003 Appl. No. 5209 - Diane Dauek 59-9-10.3 at Southold 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicant wishes to improve the residence ~4th the deck addition connected to the existing front entry step. Without a variance~ no addition to the front of the residence would be possible and the applicant would be unable to gain access to the deck from the front entry. 3. The variance granted herein is not substantial and represents a +- 14 % reduction in the code- required 40' minimum. 4. The alleged difficulty has been self-created and is due to the applicant's reasonable desire to improve the residence. 5. No evidence has been submitted to suggest that this variance will have an adverse impact on physical or enviromnental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the conmamfity. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Tortora, seconded by Member Orlando, and duly carried, to RESOLVED to GRANT the Variance authorizing an "as built" 6' by 17' 3" deck addition (including existing 4 x 6 porch) with a front yard setback of 34.75 at its closest point from the front property line, as shown on the plot plan prepared by Boulevard Planning East, P.C. dated 5-7-02, SUBJECT TO THE FOLLOWING CONDITION: The deck shall remain open to the sky~ Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando and Oliva. (Member Homing of Fishers Island w~ent.)~lution was duly adopted (4-0). L~dia A. Tort6r~'C~-'~vo~n~nc~/ff/2003 APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehr~nger George Horning Ruth D. Oliva Vinceut Orlando Sohthold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631~)'765-1809 http: 'southoldtown.northfork.net BOARD OF APPEALS TO'C~N OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF JANUAaRY 9. 2003 Appl. No. 5199 - ADRIANNE GREEI~BERG and MARY C. GABRIEL Property Location: 1115 Sound Drive, Greenport; 33-4-74. ~SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and de~ermines that this review falls under the Type 1I category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicants' property is located along the west side of Sound Drive, Gi'eenport, .and consists of 10.500 sq. ft., with 100 ff. of road frontage. The property is improved .with a single-~ff~nily dwelling with attached' garage, as, shown on the survey prepared by Anthony W. Lewandowski, L.S. dated December 16, 2000. BASIS OF ~kPPLICATION~ Building Department's July 8, 2002 Notice of Disapproval for a prolapsed deck additiOn t~' the existing dwelling with a setback at less than 35 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a pubhc hearing on this application on December 12, 2002, at which'~time Written and oral evidence ~vere presented. Based upon all testimony,-documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a 12' by 38'7" open deck addition to the existing single-~'~y dwelling, which has a nonconformmg rear yard setback of 3T from the rear property line. The proposed deck addition would result in a 20' setback from the rear property line instead of the code-required 35' minimum. ~_~5AS,?~NS FOR_ BOARD ACTION:. On the basis of testimony presented,'materials submitted a~d Pdt'sonal inspections, the Board makes the following findings: I The property is a small lot consist~,fl of 10,500 sq. ft. and in improved with a single-family dwelling.. Although the applicant testified that the deck will not be visible to the adjoining property owners because a fence separates the two properties, the board concludes that the proposed 20' setback would be too cl,~se to the adjoining, property, and with a greater setback and minimum relief set forth below, the d~k will not produce an undesirable change in the character of the neighborhood or be a detriment t15 nearby properties Page 2 - January 9, 2003 Appl. No~ 5199 - Greenberg and Gabriel 33-4-74 at Greenport 2. The benefit sought by the apphcant can be achieved by some method, feasible for the applicant to pursue, other than the area variance requested. Apphcant can reduce the width of the deck to 10 feet instead of the proposed 12 feet to increase the rear yard setback to 22 ft. instead of the proposed 20 feet 3. The proposed setback of 20 ' is substantial and represents a 43% reduction in the code's 35- foot miffanum. While a 22 f~. setback is substantial, it is the minimum relief feasible to allow the applicant to enjoy the benefits of the proposed deck addition. 4. The alleged difficulty has been self-created because the applicants knew or should have known of the code regulations when then purchased the property' in 2001. 5. No evidence has been submitted to suggest that the alternative relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of alternative relief is the minimum achon necessary and adequate to enable the applicant to enjoy the benefit of an open deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Tox~m Law 267-B, motion was offered by Char-woman Tortora, seconded by Member Goehringer, and duly carried, to DENY the Variance AS APPLIED FOR, and ALTERNATIVELY to GRANT a variance authorizing a 10' by 38' 7" open deck addition no closer than 20 ft. from the rear 5~rd property tine as shown on the December 16, 2000 Anthony Lewandowski, L.S. survey (with deck sketch added by the applicant, SUBJECT TO THE FOLLOWING CONDITION: The deck shall remain open to the sky. THIS ACTION DOES NOT AUTHORIZE OR CONDONE ANY CURRENT OR FUTURE USE. SETBACK OR OTHER FEATURE OF THE SUBJECT PROPERTY THAT MAY VIOLATE THE ZONING CODE, OTHER THAN SUCH USES, SETBACKS AND OTHER FEATURES AS ARE EXPRESSLY ADDRESSED IN THIS ACTION. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goeahringer, Orlando and Oliva. (Member Homing of Fishers Island was abs,e,,nt.) This Resolution was duly adopted (4-0). dia A. Tortora, Chairman 2/0.5/2003 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box t179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631),765-1809 http: 7soatholdtownmorth£ork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUAI~ Y 9, 2003 Appl. No,. 5216 - ROBERT and ELIZABETIt SHEEH/N Property Location: 640 Park Avenue, Mattituck 123-7- 1.1 SEQRA DETERMINATION: The Zoning Board of consideration in this application and determines that tiff of the State's List of Actions, without an adverse implemented as planned. Appeals has visited the property under s review falls under the Type II category ~ct on the environment if the project is PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the southerly end of Park Aveane~ The property is improved with a single-l~qmily, tsvo-story fi.me dwelling, inground swimming pool, and accessory structure, all shown on the survey dated August 17, 1995 prepared by Rampart Surveying. This 3.36-acre lot consists of L[ot 9 and part of Lot 8, shown onthe Map of Marratooka Park filed May 1914 (and 1905) in the 0 ~ice of the Suffolk County Clerk. BASIS OF APPLICATION: Building Department's amended~ November 20, 2002 to reflect the scope of thc prepared by Thomas C. Samuels, Architect. FINDINGS OF F kugust 19, 2002 Notice of Disapproval, work shown on the Site Plan dated 6-3-02 kCT The Zoning Board of Appeals held a public hearing on this application on December 12, 2002, at which time ~vrirten and oral evidence were presented. personal inspection of the property, and other evide~ facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Variant Based upon all testimony, documentation. >e, the Zoning Board finds the following es were requested under Section 100-242A and 100,33~ based on the Building Department's Au! ~st 19, 2002 Notice of Disapproval, with respect to roofing and expansion of the existing a,cce~sory stmctare near the bulkhead and rear proPerty line. After discussions with:the applicant s z~mhitect at the December 12, 2002 heating regarding an alternative setback location, applicant Isubmitted an ,amended plan to move the proposed roof covering with new deck below, back/rom the water s edge, entirely behind the existing deck. This moves the requested roof an ad~fional 19 fL from the bulkhead, leaving a minimum setback from the bulkhead at 28 feet. (Se~ letter dated Ja~. ~u~? 6, 2003 to the ZBA from Thomas C. Samuels Architect, with revised plan attached, as Sheet 1' .) REASONS FOR BOARD ACTION i On the basis !~ testim;ny presented, materials submitted ~ ~akes the follOwing findings: Page 2 - January 9. 2003 Appl. No. 5216-1L and E. Sheel~an 123 -7-11.1 at Matfituck 1_ Grant of the variance will not produce an mac neighborhood or a detriment to nearby properties. The older homes on large lots~ The applicant's lot consist~ Bay, Ail the lots to the East and West are bulkhead~d. 2. The benefit sought by the applicant cannot be aehie' applicant to pursue, other than a vadance~ Thee pr?err situated nine feet ~om' the wood 't3ulkahead. Uhder buildings located on lots which have a bulkhead, lWall, to tidal waters shall'be set back not le~s than 75 fe~t. permitted pursuant to Article 1H,Seetion 1~0-3~, ~hic thou, mci nh~e ~hundred and ninety-nine square f~e~, su~ twehty feet from a~y. yard line." The dxisting nine feet; By enClosing the structure with a~ rOOf~ the al coafomit)-, bymarttta~mng tlio nme-foot setback 3. Thc variance granted4 herein is substantial in relat not'subgmtial as an Cxi~ing deck. Appheant has agn ba~ from the water's edge nineteen ~eet from the bu decE will remain in~plac,~ 4. The alleged diffieuky has been self created becam, since 1989. 5. No evidence has been submitted tq suggest that the on the physical or environmental conditions in the neigt 6. Grant of the requested relief is the minimum ac applicant to enjoy a covered dec~, while preserx neighborhood and the health~ safety, a~d welfare of the RESOLUTION OF THE BOJkRD: In considering balancing test under New York Town Law 267-B seconded by Member Orlando. and duly carried, to Deny the variance as applied for, and to Gr feet from the bulkhead at it4 closest point, a not noted); attached to the Jahuary 6. 2003 let Vote of the Board: Ayes: Members Tortora (Chairwc ;sirable change in the character of the neighborhood is primarily developed with · of 146,36t fL lot bordering on Peconic red by some other method, feasible for the has an existing non-conforming structure ~ticle XXIII, Section 100~239,4B all ?rap or similar structure and are adjacent addition the proposed construction is not a stetes,~"On lots ha excess of seventy-nine ;h buildings Shall be Set back no less then ~rming svmeture has tt rear yard setback of ~heant will be increasing the existing non- ~n ~o the code requirement. However it is fl to move ~e deck and the proposed roof head for a total of 28 feet. The original the code requirements have been in place relief granted will have an adverse impact borhood. ion necessary and adequate m enable the lng and protecting the character of the community dl of the above factors and applying the motion was offered by Member Tortora, ; Attemate Relief for a setback at least 28 shown on the amended plan (rexasion date er to the ZBA by Thomas C. Samuels. man), Goehringer, Orlando and Oliva. Page 3 - JanuaD' 9, 2003 Appl. No. 5216 - R. and E, Sheehan 123~7-11.1 at Mattituck (Member Homing of Fishers Island ~as absent.) Thi~drdy affol~ted (4-'0). L3;d~- Tortor~, C]~xwomm~ 1-,~03 APPEALS BOARD MEMBERS Lydia A. ,Tortora. C~irwoman Gdrard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando B°ARD OF ~APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS ANt ~ DETERMINATION MEETiNG-OF JANUAR f 9, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63!) 765-1809 http:t/rsoutholdtown.northfork.ner AppL No. 5226 -~ JOHN AND KATHY dHESKA Property Location: 1300 Minnehaha BOulevard, 8~uth( SEQRA,, DETERMINATION: .-,The Zoging,;~oard of / conSidera!ion, in this'application and determines that this the State s List of Actions, without a~ adverse effe~ imp!e~ented as planned, ~PROPERTY ~FAcTS/DESCRIPTION: B6ulevatd in'*Southold~ lot depth of f'i along the northerly property line. AppliCant'g pr m lot is concrete slab ~ryl Id 1000-87-2-11 ppeals has; visited the property under review falls~under the Type II category of t on the environment if the project is has~72~-- ff.~along Minnehaba southerly (~rd"perty Ilne and I01.20 fe~et with a bn~LS{ory frame house and confirmed on the survey 2003. t 26, 2002 for the property line. The Zoning Board of Appeals held a public hearing ~)n th which time written and oral evidence were presented. B~ personal inspection of the property, an[cl other evidenc~ facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED¢~ Variances ar, the praposed second-story addition at 20.5 feet from th~ testimony and related information, please refer to the he~ REASONS FOR BOARD ACTION: On the basis of testin persona inspections, the Board makes the fo owing flndl s application on December 12, 2002, at sed upon alt testimony, documentatioh, the Zoning Board finds the following requested under Section 100-244B for front lot line, at its closest point. (For ring record.) ~ony presented, materials submitted and lgs; Grant of the area variance will net produce an un neighborhood or dethment to nearby properties. do not extend beyond the existing footprint. This residential community. The benefit sought by the applicant cannot be act applicant to pursue, other than an 'area varianc, limited side yards, this is a suitable elan for not e~ 3. The requested variance is minimal and the front lesirable change in the character of the The new improvements, as proposed, lesign is simitar to those existing in this ieved by some method, feasible for the Due to the undersized lot size and )anding beyond the odginal footprint. ~rd is preexisting at 20 ft. 5 inches. 4. The difficulty is self-created due ~o existing Iocatio~ns of buildings and utilities. Page 2 - January 9, 2003 Appl. No. 5226 - John and Kathy Cheska There is no evidence to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood or district. With the proposed new construction remaining in the same setback, and there being no new clearing of the site necessary, there will be no impacts created to the surrounding community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carded, to GRANT the vadance as applied for, and shown on the plan prepared by DA Architecture last dated 9/16/02, and survey prepared by Peconic Surveyors, P.C4 October 4, 1095 (also updated January 10, 2003 as requested by the Board at the December 12, 2002 headng for the record). Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Odando. (Member Homing of Fishers Island w~s absent~ This ResolutiOn was duly adopted (4-0). VO APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard E Goehfinger George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD S0athold Town Hall 53095 Main Road EO. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtowm.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUA[ AppLNo. 5212 -. FRANK SCAVONE Property, Location: 1'616 Fleetwood Road. Cutcho~ Parcel No. 1,37~4.35 ~SE~RA DETERMINATION~The Zq~ning Board ~of, · tddn~der~{i0ri; in '.t~,alJpli~on arC, determines t ~ategory 6fthe ~Stat~,'sq.}r~t,'.~f A~cti~'ns, without ar ih~ project is impterm/nted :ds planrCed. ,PROPERTY FACTS/DESCRIPTION: The applica~ he east, s~de of Fteetwood Road ~,n Cutchogue ar frame dwelhng w~th porch;and decks and an acce~ date¢~June 27 i,1.995 prepai-ed by Paul T. Canalizo 50 ft. along Fleetwood Road and 75.14 ff. frontage BASIS OF APPEICATION: Building Departm~ ~Y 9, 2003 ue ~ppeals has visited the property under ~at this review falls under the Type Il adverse effect on the environment if 's 18,324 sq. ft. parcel is located on d is improved with a two-story wood ,sory garage as shown on 'the ~$u~ey ES. The property hasa fronfagBiof along the shoreline of East Creek nt's August 19, 2002 Not~ce of 'Disapcr0va cit ng Code Section 10)0-33 ~,hich denied a building permit applicat[o~ for a new aCcessd~ sto~age building for {he reason thaQt is proposed at [ess than fiveiCS) feet from th~ side p!op~rt~ line; CODE SECTION 1:00-33B: In reviewing the June 127, 1995 survey prepared by,Paul,T. Canali~°, L.S,"submitted With the a~plication, it is nhted that the pr~)perty is, 1,8_=,3;24, sq~ ft. in ama';, rather than, over 20,000 sQ. ft. stated in [he Building Departments. Notice of Disapproval. Code Section 100-33B(1) states th, required on lots containing less than 20,000 sq. ft. FINDINGS OF FA, The Zoning Board of Appeals held a public hearing 2002, at which time wdtten and oral evidence testimony, documentation, personal inspection oft Zoning Board finds the following facts to be true an AREA VARIANCE RELIEF REQUESTED: Applic accessory storage building ar six (6) inches from inches from the southerly side property line. REASONS FOR BOARD ACTION: On the submitted and personal inspections, the Board mak, a minimum three (3)'ft. setback is on this application on December 12, were presented. Based upon all ~e property, and other evidence, the relevant: nt wishes to construct a 16' by 22' ~e westerly property line and six (6) ; of testimony presented, materials ;s the following findings: Page 2 - January 9, 2003 Appt. No. 5212 - Frank Scavone 1374-35 at Cutchqgae 1. Applicant proposed to place the accessory building in the southwest corner notch of his front yard, essentially 6" from the adjoining neighbor's property line, and 11" from the adjoining neighbor's garage located on the property line. The board believes the proposed location would block the neighbor's access to his garage, and would not allow the applicant or the neighbor sufficient space to maintain their respective garages, In addition, a reduction in the minimum side yard setback to the south property line would place the building too close to the property line to provide access for fire and emergency vehicles, which would be forced to access the south and west sides of the building via the neighbor's property. The board concludes that grant of the variance will produce an undesirable change in the character of the neighborhood and be a detriment to nearby properties. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance. The applicant has sufficient area to construct the accessory building with the code-required minimum side yard setback. 3. The variance requested is substantial and represents an 83% reduction in the code minimum setback requirement. 4. The alleged difficulty has been self-created because the applicant could construct the accessory garage in a conforming location. Although the applicant points to the neighbor's garage, which is 6" from the lot line, the board notes that the neighboYs garage was constructed prior to zoning (1957). 5. Evidence suggests that the relief requested will have an adverse impact on physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Tortora, seconded by Member Orlando, and duly carried to DENY 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 may violate the Zoning Code, other than such uses, Page 3 - January 9, 2003 Appl. No. 5212 ~ Frank Sca~cone 137-4-35 at Cutchogae setbacks and other features as are expressly add~ ~ssed in this action. Vote, of the. Board: Ayes: Members Tortora ~(Ch~ lirwoman), Goehdnger, a[~d Orlando. (Member OIh/a ~nd Men'her HorSing Were absent.,~,, TI' s Reso ution was duly adopted (3-0). ora, Chairwoman - Approved for Filing Lycrra)~' T o-r1 3//.,~-~/03