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HomeMy WebLinkAboutZBA-05/01/2003 SPECAPPEALS BOARD MEMBERS ~ Southold Town HM1 Lydia A. Tortora. Chairwoman ~ 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (63 J_) 765-1809 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, MAY 1, 2003 A Special Meeting of the SOUTHOLD TQV'¢N BOARD OF APPEALS was held at the Southold Town HalI, 53095 Main Road, SouthOld, New York 11971, at 6:00 p.m. on Thursday, May 1, 2003. Present were: Lydia A. Tortora. Chairwoman Gerard P. Goehdnger, Member Vincent Orlando, Member Paula Quintieri, Clerk Absent were: George Horning, Member Ruth D. Oliva, Member 6:00 p.m. Mrs. Tortora called the meeting to order. AGENDA ITEM I: SEQRA: The Board proceed with the agenda items, as follo~,s: STATE ENVIRONMENTAL QUALITY REVIEW ACT: None declared at this time: pending inspections and reviews regarding new applications. AGENDA ITEM I: DELIBERATION/DECISION MATTERS: The Board deliberated on the followirjg applications. The or}g~nals 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. 5201 - G. and L. Siani Appl. No. 5320- G. and S. Kalogeras Appl. No. 5277 - North Fork Bank Approved with conditions: AppL No. 5290 - Fishers Island Club Appl. No. 5291 - C. Showalter Appl. No. 5299 - P. Dinizio Appl. No. 5297 - P. and J. Burns Denied/Alternate Relief Granted: Appl. No. 5298- A. Aiello Page 2 -Minutes May 1,2003 - Special Meeting South01d Town Board of Appeals Denied with oreiudice: Appl. No. 5294 - R. Scripps AGENDA ITEM Ilk PUBLIC HEARINGS: The Chairwoman opened each of the following hear ngs go the aud ence for discussion. For full details on discussions, please see written ]'ranscdpt, prepared separately and filed with the Town Clerk for reference. 6:43 p.m. Claire Tassone and Michael Nulty#5272 - (continued from 3/20/03) This is Applicants request Variances under Sections 239.4A.I and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family dwelling at less than 100 feet from the top of the biuff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive, Orient; Parcel 1000-13-I-5.1. Motion was offered, by the Chairwoman, seconded by Member Goehdnger, and duly carried, to with this application. This Resolution was duly adopted (3-0). ~:45 p.rn. Joseph &Therese Ciampa # 5251 - (continued from 3/20/'03) Applicants request Variances under Sections 100-244, 100-239.4B, and 100-33, based on the Building Department's September 16, 2002 Notice of Disapproval, amended December 11, 2002. Applicants propose a~ accessory swimming pool in an area other than the required rear yard, and additions to the ex~sting dwelling: (a) at less than 10 feet on a single side yard, (b) with total lot coverage over .the code's 20% [imitation, (c) at Jess than 75 feet to the concrete retaining wail. Location of Property: 650 Beachwood Lane, Southold; Parcel 1000-70-10-56. Mr. Garrett Strang, architect and agent for the applicant submitted correspondence from Board of Trustees. After discussing lot coverage limitation of r~o more than 22.2%, motion was offered by Chairwoman Tortora, s~econded by Member Goehringer, and duly carried to close the hearing. This F~solution was duly adopted (3-Q). 6:55 p. nl. Estate of Murrav Schlussel - ff~5259. (Continued from Feb. 6th hearing). This is a request for a Variance under Section 100-32, based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its clo,sest point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 100~-136-2-6, 7 ar)d 8 (comb nedas one ot of 62,730+- sq fit total area). David Olsen, Esq,'appeared on~ behalf of the applicant. Also present for the applicant was Robert TaB[ Y,oung & Young, Architects R~present ng F ear's Neck Assoc ation oppos t on was Abigail Wickham Esq. Dimensions of the proposed deck were discussed at a 25' x 60 m, axih~um With a ~13~ Width. AIsodiscussed by the architect was the height of the deck being 30' from g~-a,de with a retaii3ing wall. Ms. W ckham discussed possible landscape plari~ Board suggests oppos tion s~bmit landscape plan in writing with copies to Mr. Page 3 - Minutes May 1,2003-Special Meeting Southold Town Board of Appeals Olsen and Mr. McFadane. After receiving testimony, motion was offered by Chairwoman Tortora. seconded by Member Goehringer to close to oral, accepting written testimony prior to June 5, 2003, and duly carried. This Resolution was duly adopted (3-0). A short recess was taken from 7:50 p.m. - 8:00 p.m 8:00 p.m. New SuffoLk Shipyard #5149 -Applicant requests a Variance under Section 100-121C1, based on the Building Department's March 27, 2002 Notice of Disapproval; Applicant proposes two sets of accessory boat rack structures in this M-II Zone District, in a side yard and at a height over the code's 18 ff. limitation, at 5775 New Suffolk Rca(z, New Suffolk; 1000-117-5-29.1. Patricia C. Moore, Esq. appeared on behalf of the app!!cant. There was discussion about possible reduction of Rack "A" and whether 75-foot bulkhead setback would apply. Edc Bressler, Esq. appeared on behalf of the opposing neighbors. Eric Bressler, is, to st~bmit Case Law regarding,; dollars and cents impact as amended after 1992. no later than May 15, 2003. After receiving testimony, Chairwoman motions t~ close the hearing to oral, seconded by Member Goehdnger, and duly carded~ This Resolution was duly adopted (3~0), End of public hearings. AGENDA IV: RESOLUTIONS/UPDATES/OTHER: A. The Chairwoman motioned to advertise John and Kathleen Aheam #5359 for Public Hearing date for May 15, 2003, seconded by Member Goehringer, and duly carried. This Resolution was duly adopted (3-0). B. The Chairwoman motioned to app~rove Minutes for March 12, 2003 and Apdl 3, 2003 Special Meetings for filing, seconded by Member Goehdnger and duly carded. This Resolution was duly adopted (3-0). AGENDA V: EXECUTIVE SESSION (none held). P~ge 4- Minutes May 1, 2003- Special Meeting Southold Town Board of Appeals There being no other business propedy 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 Quintieri 6-5-03 Enc: Decisions (1¢) ,~proved - Lydia A. Tortora, Chairwoman ~PPEALS BOARD MEMBERS .~.,~ Southold Town Hall Lydia A. Tortora, Chainvoman ~l 53095 Main Road Gerard P. Goehringer P.O. Box t179 George ,Homing ~.I~ Southold, New York 11971-0959 Ruth D. Oliva ~?~'qOtT~'~ ZBA Fax (631) 765-9064 Vincent Orlando ~ Telephone (631) 765-1809 http: 'southotdtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 1, 2003 Appl, No. 5290 - Fishers Island Club. Inc. (FIE)CO) Property Location: East End Road Fishers s and;Parcel 1000-1-1-3.13 SEQRA D.ETERMINATION:.Th~ Zoning, Boated of~ Appeals has visited the property under bonsider~tiori in this application and dete~rnifies~that this review falls under the Type II category of the State's List of Actions, Withobt an adverse effect on the environment if the project isimp emented as planned. . '~PROPERTY. FACTS/DESCRIPTiON: The applicant's 100.79-acre site has a frontage of +- .394~eet a!0ng Oriental Avenue on Fishers Island. The property is,occupied and used as a golf'course facility with an existing maintenance building. 'BASIS'OF APPLtCATION~ Zoniqg Code Sections 100-13 and 100-31B(7) provides as ¥0110ws~ .B. [Amg, nded 12-21-1993 by L.L. No. 27-1993] Uses pernfitted by special exception by the Board of · Appeals, The following uses are 3ermitted as special exception by the Board of Appeals, as '~ereinaffer provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: {7) Amended 12-27-1994 by L.L. No, 30-1994; 12-8-1998 by L.L. No. 26-1998] Beach clubs, tennis clr.[bs country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, ,swimming pools, tennis courts recreational buildings and maintenance buildings catering exclusively "to ~embers and their guests, subject to the following requirements: (a) ~No building or part thereof or any parking or loading area shall be located within 100 feet of any 'street line or within 50 feet o}' any Jot line. (b) The total area covered by principal and accessory buildings shall not exceed 20'/o of the area of ~the tot (c) ~No such use shall occupy a lot with an area of less than three acres, GOLF COURSE, STANDARD REGULATION -- A golfing facility open to the general public for a play greens fee, which is at least 125 contiguous acres ol property and contains a regulation eighteen-hole gall course. The follow ng accessory uses may be included, provided that sufficient land is available: practice tees for instruction purposes, pro shop aha school, driving range, snack bar or restaurant, cat~dng and banquet facilities, club houses, course offibes, vehicle maiaten'ance shed, employee facilities, locker rooms and showers, swimming pool and tennis courts. [Added 4-28-1997 by L.L No. 6~1§97]. o Page 2 - May 1 2003 AppL No. 5290 - Fishers Island Club, Inc. 1-1-3.13 at Fishers Island FINDINGS OF FACT The Zoning Board of Appeals held a public heating'on this application on March 20, 2003, at which tree wrtten and oral evidence were presented. Based upon all testimony, documentation, perSonal inspection ~'~ tile property, a~d Other e~iden~;e, the Zor~!r~g Board finds the foilowing facts to be true and relevant: , APPLICANT'S REQUEST: Applicant requests a SPecial Exception under Section 100- 31B(7) for a 3,200 sq. ft. golf course storage buildir~g, and 800 sq..ft. ,covered area~.~both u~ed in conjunction with the existing g0]f ~7~urs;e~ ~ility. Det~i)S ~ofr 'th~ layout '9~ the bO Idings 'and golf course facilities ar~ more' p~rfit:t~larly shown on S~e, De~elo~.~ehft'~Plan prepared by Chandler, Palmer & King dated 9/18/02. The height Of this new b~idih~ will not exceed 18 ft. to the mid-line and 20 ft. to the top of the ridge..AIIparkir]gand sc, reehing will 5e deter:mined by tee Southold T~W~ Planning B~ard as provid~eC~ under ~he, Z0ning Code site plan regulations. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth in Article XXV1 of the Zoning Code, the Zoning Board of Appeals finds and determines the following: ..1/)' The. site is u, tilized by appiicantJowner of the existing private country club golf course, 16cated 'n anR2120 zone The proposed construction 'of an equipment Storage building accessory to the e~isting golf coume, is provided as an allowed use under Town Code 100-31B-7, by special exception approval, which also must meet the requirements of the Planning Board under (he site plan regulations of theTown Code, and requiresissuance of a building permit before construction. 2) The apl~licant's ~roposee construction is located in a secluded section, surrounded by woods, tucked under a hill side which wraps around the site., and its only exposure is to the existing aCCessdrY s~.brage building of the 154+- acres o~land wh ch comprises the golf c. ourse,_l~ut, ,is also in an area that is very accassibie to.large.vehicles such as fire trucks, in an e~ner~nCy. 3) Toti~l~!~t,'co,'~rag? after construction is noted to be +-1 (one) percent. 4)' The~Pplicadt'$ proposal exceeds the setback requirements of 100 feetto the nearest street, and 50 feet from any lot line. 5) The al~plicant t~as a letter of hon-ju~isdiction from the' NYSDE~3. ' .... Page 3 - May 1,2003 Appl. No. 5290 - Fishers island Club, inc. 1-1-3.13 at Fishers Island 6) The applicant meets every standard of Town Code-263.A-F which requires that such use be reasonable, safe, readily accessible in emergencies, not detrimental to adjacent properties, compatible with its surroundings, and With the character of the neighborhood, and, in harmony with the purpose of the zoning code. 7) The Zoning Board Of Appeals a so notes that the applicant constructed a very similar accessory storage building within 80 feet of the proposed building, during the early 1990s by issuance of a building permit. The new storage building is proposed approximately west of the existing accessory storage building. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing tes!.' un'der New York Town Law 267-B, motion was offered, by Member ~ GOehr nger, seconded by Chairwoman Tortora, and du y cart ed, to -- GRANT the Special Exception, with the conditions that: 1) the building be used only for a proposed maintenance storage building related to the golf course, as applied for, and shown on the site development map prepared by Chandler, Palmer & King dated 9/18/02. 2) the height be limited to 18 ft. to the mid,line and 20 ft. to the top of the ridge. 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 addCessed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger, and Orlando. (Absent were Members Oliva and Uorning.) This Resolution was dul~ado~3-0). Lyoia A. Tortb~hairwoman - Approved for ~-i~ing 5//¢---/03 APPEALS BOARD MEMBERS ~.~ S6uthold Town Hall Lydia A. Tortora, Chairwoman 33095 Main Road Gerard P. Goehringer ~! P.O. Box 1179 George Homing ~ Southold, New York 11971-0959 Ruth D. Oliva '~'] ZBA Fax (631) 765-9064 Vincent Orla~ndo Telephone (631) 765-1809 http://southotdtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 1, 2003 Appl. No. 5294 - Robert K. Scripps Property Location: 2745Pine Tree Road, Cutchogue; Parcel 104-3-6. SEQRA DETERMINATION: The Zoning Beard of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II 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: The applicant's 33,'[84 sq. ft. ~parcel has 108.67 ft. along, the- east:side rOf Pine T, ree Road, 359.21 feet along,the north, side line to a tie line at high water, 116.63 feet along Little Creek, and 373.12 feet along the south side line. The property is improved with a single-family, two-story frame house and detached garage as shown on the:June 26, 2002 survey prepared .by John C.. Ehlers: L.S. BASIS OF APPLICATION: Building Department's December 6, 2002 Notice of Disapproval, amended December 31, 2002, citing Sections 100-30A.4 and 100- 330, in its denial of a building permit to alter and construct additions to an existing Accessory:garage, relocating its yard location to a side'yard instead of the required' rear yard}-and converting its use to allow living area, a non-permitted code use. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, at which time writte~ and oral evidence were presented. Based upon all testimony, documen~ation~ personal inspection of-the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: Applicant wishes to "remove garage to be demolished and build a new 1-1/2 story building with dormers for a bathroom upstairs, raising the ridge of the roof and buildin~ on the same 16' x 23' footprint of the accessory ~iarage, and adding a balcony addition on two sides. The use of the building is proposed for living space rather than a permitted accessory use. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant 6f the relief requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant at the hearing was Page 2 - May 1, 2003 Appl; No. 5294 - R. Scripps 104-3-6 at Cutchogue informed that accessory garages are used for storage and living space is not listed an authorized use. The Zoning Code permits only one dwelling per lot, and the 'use variance~ standards apply. 2. The benefit sought by the applicant can be achieved bysome method, feasible for the applicant to pursue, other than an area variance. 3. The ~relief r~que~tedis Substantial. 4. The difficult7 has been self-created. 5, v In ~addition, t~e. tapplicaut has not demonstrated the proof, .necessary to, ~neet the .~fbll6wi~ us,'-~ ~/a~t~.,dri~i~ria~. for each and every .per~nitted: use under the zof~ing regulations for thfs r~'si~ntial zdne district: , a~) Suff~cler~trpr~pbf has not ~een demonstrated to show that the applicant cannot realize a reason~bJ~Lfor each and every permitted use under the zoning code. The ....... ed' ' '~" "" ':' '"" ope~ .h~ 6e~n, ~s;~Ui bythe~ applicant as a ~n gpra.rage, s gig-family dwelling w~th detach [u~es UCider the zoning code. b)i Suffic 6bt~r.4), e~.has not been demonstrated to show that the hardship relates to th,e ,;¢r,O, Per~ ~,~ ~l;¢es. not' apply to a substantial portion of the district: or ne ghborhood. 6) The relief requested to create a separate living area in the accessory building will .alter the essential character of the residential area which consists mainly of lots with not more than one s!r~gle-fannily dwelling. d), T, he spidf:of ,~he zoning ordinance which limits each Ipt to not more than one dwelling pst' lot will ~o~ be observed if the variances were granted as applied for. e) The public safety and welfare will not be secured and substantial justice done if the variances were, granted as applied for. RESOLUTION OF ~HE 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 © Page 3 - May 1,2003 Appl. No. 5294 - R. Scripps 104-3-6 at Cutchogue Goehringer, seconded by Chairwoman Tortora, and duly carried, to DENY the Variances, without prejud ce, as applied for. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger, and Orlando. (Absent were' Members Oliva and Homing.) Th s Resolution was. duly adopted (3-0). Lydia A. ~/gc[ora, Chairwoman - Approved for Filing 5//2_-/03 -~ AP~L~3OARD MEMBERS Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard E Goehringer EO. Box 1179 George Homing Southold, New York 11971-0959 ~ Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http://southoldtowmnorthfork.net BO,~K.R-~ D OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING O,F MAY 1~ 2003 Appl; No. 5291 - Christopher Showalter Property Location: 1015 Orchard Lane, Southold; Parcel-!~000-90-4-~15. SEQRA DETERMINATION: The Zpning Board of Appeals has visited the property under consideration in this application and determines t,hat this review falls under the Typo 11 category of the 'State's List Of'Actions, without ad adverse- effect on the environment if the project is fmplementecfas planned. PROPERTY .FACTS/DESCRIPTION: The applicant's 19;029.667 sq. ff.- parcel has a fro. ntage~of ~;34.04 feet al~ngr the~east side. of Orchard Lane, a Jot depth of 214.99 feet ~ilong~the north property line to the high water,line, a tot depth of 172 :feet on the south property lin~, and 107.66 feet along a.tie line at the high water tine.' The property is mproved with a one-story~wood frame s ng e:fam ly dwell ng~ W th garage, as shown on theApri120; 2000 sucvey:prepamd by~StanleyiJ. Isaksen, ,Jr., LS.. ~ , BASIS OF APPL[CA-F[ON: ~uilding Department's December 4,, 2002 Notice of D ~apPr0va. . ,,..~;t,~.'~'Sect orr. . ¢1Q0-239;4~,. in ts. d~nia 0fa t~u. dlrlg, p,er,m t to const~ct., an. ~tddjti0n to tffe..~eXis([ng dwel lng.., The reason stated fn the demal is.ti~at the.addition will be ess tban~5'fee~ fi-0m,the buff(head;.. FINDINGS OF FACT The Zoning Board of Appeals held a public hearingi on this application on April 17, 2003, at which time written and'oral evidence were presented. Based upon alt testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the ,following facts to be true and relevant: AREA VARIANCE RELIEFREQ LIESTED: Applicant wishes to construct a covered rear porch addition at +- 48.5 feet from the existing wood bulkhead. REASONS ~,FOR BOARD ACTION: On. the ,basis~ of testimony presented materials submitted and persona[ ~nspecfions, [he Board imakes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the r~eighborhood qr a detriment to nearby properties. Applicant is replacing an existing open deck with a c0~'ered porch, which is about 50% larger than the deck The covered porch as proposed, s asem +crc e 10 ftn w dt, h and about 20 ft. in ength running along ~ the rear o¢ the, ex s~..9,.,n foun'¢at on., At the hear ng no ora test mony. was rece. ved and ,' one letter of opposition was entered nto the rebord. After careful rewews, ~t was found .... 'Page 2 - May I. 2003 Appl. ,No. 5291 - Christopher Showaltef 90-4-15 at Southold that the grant of the setbacks for a covered porch would not create a detriment to the surrounding properties in the immediateneighborhood or district. 2. The benefit sought by the app cant cannot be.ach eved~by some method; feasible for the applicant to pur§ue¢, other than an-area 'vadance, The applicant's home has unde(gone a total renovation which already has a nonconfo~ing rear ya[~d setback, in ~thi~ ~s~ ['here~~s il~a ternative other than a var[ance fo~: a frd~t ~o,vere~! i~Srch addition. 3. ~Th, e, r. elie~ 'gl'~n~[ed-,is. nof:-~,s;,~bstantial and ~is ~related to the Joca!ion of the: existing founda~i°n and the, fact'that,~leck did exist,at the reai'.~0f~,h~ dWe ng~ T,t~e"request is 50% wi~ler bi~t ,the l~ngth; varLes due mainly to the. fact tha~ ~,em -circ ~ construct on has lesS;derise~h~ conVe~t~ ~onstnJct~on. ~ ~, .. 4. ~The.~,alleg~diffi,bu}~y~ha~,been se[f'-¢reated, due~ to th~ applicant's de, re ,to expand th e f~O~tprint i0f the~xi~t~g_ ~cot]formi~ g. build lng, ~ · . : in the neighborhood. 6. and hborhood~ari~c ;and welfare of RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balanbing te~;,,under New' York .Town Law .267,~B, m~otion was offered by Member OrlandO~ se'cor~ded by Member Goehringer and duly carried to GRANT the Variance as applied for and, shown on the plan (Project #0142) prepaCed,by Boulevard Planning East, P-C' dated 10-25-01, updated 11-27-02, with th~CONDI~ION that. the co~,ered porch 'not be~enclosed. This action does not auth0dze or condone any current or future; use, setback or other feature of the!s~ubj,ect property that may violate the Zon ng Code ~ other than such uses setbacks and.b~her featt~res as:are expressly.addressed ~nlth~s acbon. ~ Vote of the BOard: Ayes:.~Membere Tortora (Chairwoman), Goehringer, and Odando. (Absent,were Merrfbers Ot~,¢a and Homing.) This Resoluti~adopted (3-0). ~ ~' "~' ,' 'E,Y .~A,;.~ortora~~¢~-~,"~proved for Filing --- -- ---- ,, .~ 5//:2./03 . ~ '~'~ © Southold Torch Hall Lydia A. Tortora, Chairwoman 53095 Main Road ~ Gerard P. Goehringer ? P.O. Box 1179 George Homing ? Southold, New York 11971-0959 .... Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http:#southoldtown, nor th fork.net BOARD OF APPEAL~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 1, 2003 Appl. NO.5293 - RICHARD BIRD. Property Location: 620 Lake Drive, Southold; Parcel 1000-59-1-22. SEQRA DETERMINATION:iThe Zoning Board of Appeals hasvisitedthe property under consideration in this application and determines that:this r'ev[ew falls under the 'Type: II category of the State's List of Actions, without an adverse effect on the environment if the, project is implemented ks planned. PROPERTY FACTS/DESCRIPTION: The applicant's ,1,170.70 sq. ft. par?l basra ~frontage of 107.24 feet along Lake Drive, a lot depth of '144 83 feet ~a odg th~ west s de line and 158.59 feet along the east side line. The property is imprdved With a one-story frame house with garage as shown on the November 3, 2000 survey prepared by ~Jo~eph A: Ingegno, L.S, '- £ 13ASIS OF,,APPLIGATION. ,Building Departments December 23, 2002 Notme of '-" D sapprogal~ c ting Sect on 100~244B n ts den al of a bu Idmg pe~-m t to ,construct a second-slory addition. The reason stated in the denial is that the dwelling will be less ,than 35 feet:from the,,freiit Iht line. FINDINGS OF FACT The Zoning. ,'. Board. of Appeals he d a pub c hear ng on this application on Apd117 .2003,. at which 't~me written and oral ewdence were presented. Based upon all ~esl~mony, documentation, personal inspection of the property, and other evidence, the iZoning Board finds the following facts to be true and relevant: AREA. VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second story [addition at 27.1 feet ,from ,the front property line at its closest point, maintaining the existing setback of the existing one-story dwelling shown on the survey prepared by Joseph A. Ingegno, US. dated November 3~ 2000. ,REASONS FOR BOARD ACTION: On the basis of testimony presented, materials 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 oftha neighborhood or a detriment,to nearby properties. The applicant's house is one of the. on y ~ ng e-~tory houses among the larger two-story houses in the neighborhood a ohg]'L~l~e Drive. Th'e ~exiSting frbnt yard setback at'27.1 ff. ~ind thi~ side ~,ard setbacks of 11.7 and 15.1 will all remain the same. The front setback to the deck, which was not Page 2 - May 1, 2003 Appl. No. 5293 - Richard Bird 59.1-22 at Southold noted on the Building Department's Notice of Disapproval, will also remain the same at 19.1 feet. 2. The benefit sought by the applicant cannot be achieved' by some method, feasible for the applicant to pumue, other than.an area variance. The applicant, wishes to expand due to growing family needs and due to the established decking, patios and landscaped areas surrounding the house; ,It is not unreasonable for an owner to utilize the existing footprint of the house for a second-story addition. 3. The relief requested is Substantial and represe~nts.a ;15"11" reduction in the current 35 ff. code requirement. She,d ff cu~ttY~w~_as se f~created when the app cant chose to,er~large the ex[sting house for. the f'a~ ys n~eds. - 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. With the proposed,, construct~ .- -,. On stay gn w th n the odg na setbacks; ut I zing the same footpn'nt, :~the ~ew constra,ctlon will not require any further site clearing or excavating. 6. Grant of'the reque§ted variance is the m~nlmum action necessary, and ,adequate to enable th~ applicator to enjoy the benefit of a second-story addition, while preserving and protecting {he~' C~araCter 0f the neighborhood and the h~alth, safety and welfare of ,the community. RESOEUT ON ~)F THE BOARD:, In considering all of the above factors and applying the ba, l~ndii~g:itest~.~;fler New York Town Law 267-B, motion was offered :by Member Or~nd~, ~cond~d by Member Goehr nger, and duy carried, to , GJ~AN.T the Variance as applied for and shown on the plan prepared for applican:~ar~d the November 3, 2000 survey prepared by. Joseph A. Ingegno, L.S. This a, cti0n does not authorize or condone any Current or future use, setback or other featur~ Of !he subject property that may v oiate the Zon ng bode, other than such uses setback~s~and ot~'i~¢4ea[ures as are express y addressed in this act on. Vote of t,he"Bo~d,~ Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Absent were~:M~bers O va and Horn ng) Th s Reso ut on was duy adopted (3-0) -- : .... Eydia A.-'T, or~ora, ChairWoman - ApproVed-for Filing 5/~.~/03 0 0 APPEALS BOAP~D MEMBERS Southold Town Hall Lydia A. Tortora, Chaip,vornan 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Horning Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (63'1) 765-9064 Vincent Orlando Telephone (631) 765-1809 http: southold~own.nor thfork,net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY1. 2003 Appl. No. 5295- PAUL DINIZlO Property Location: 2585 Gillette Drive, East Madon; Marion Manor'Lot #34; CTM Parcel 1000-38-3-I7. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consJ0eration in this application and determines that this review fails under the Type Ii categorY of the State's List of Actions, without an adverse effect on the environment if the prdject iS implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 10,476 sq. ft. parcel is vacant and has 120;ff. frontage along the east side of Gillette Drive and a lot depthof +- 87 feet. BASIS OF APPLICATION: Building Department's December 18, 2002, Notice of Disapproval'. amended January 9, 2003, citing Section 100-244B, in its denial of a bUi ding p,ermit to construct a new dwelling with a setback of less than 35 feet from this fro~)t and 'rear p/-operty nes FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, at which time wdtten and oral evidence were presented. Based upon alt testimony, 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 wishes to construct a new dwelling at 30 feet from the front property line, from the +- 40 sq. ft, front porch, and +- 24 feet from the rear line. at its closest point (excluding a rear step area of less than 30 sq. ft.), as shown on the April 11 2002 survey prepared by Peconic Surveyors, P.C. with applicant's sketched-in steps. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or, a detriment to nearby properties. The proposed new construction measures 60'8'by approximately 27'8' on a lot of 10,476 sq. ft. The new dwelling is of a modest size compa,r, able .to others existing in the neighborhood. The majority o[ the . proposed house w~ll meet the 35 fl:. front yard code requirement, except that a small Page 2 - May 1, 2003 ~ Appl. No. 5299 - Paul Diulzio 38-3-17 at East Marion portion of front 5' x 8' coverea porch will reqmre variance relief. The rear of the house also requires relief for +-11 ft. from the 35 ft. rear yard setback requirement. 2. The benefit sought by the applicant cannot be achieved by some. method, feasible for the.,app~icant to pursue,, other, than. an area variance. The applicant is building a modest house on a small lot, which is typical in the surrounding community. 3, The reques,t, ed, re!lei is not, substantial in relation to the 5' x,St front porch and is Substahtial in re'latibn to the code's 35 ft. rear setback. 4. The difficulty was self-create~ when the appticaL~t;acqqired .the Ip~ and desig~ned' a house. 5, Ne evidence Was submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. As noted it3 Reason 1;. the relief is consistent in the neighborhood which consists of small t0:0004- sq. ft~ lot Size~. 6; Gram of the requested, var Once is the minimum :~action~ necessary and adequate to errable the applicant to enjoy the benefit of a new dwelling, 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 balancin, gI test under New York'Town Law 267-B, motion Was offered by Member Orlando, seconded by Member Goehringer, and duly carried, to GRANT the Variances as applied for and shown on the survey map prepared by Peconic Surveyors~ P.C dated Apr 11, 2002, sUBJECT TO THE FOLLOWING CONDITION That the front covered porch shall not be enclosed. This action does not authorize or condone any current or future use, setback or other feature of the subjelct property that may v o ate 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), Goehringer and Orlando. (Absent Were Members Oliva and Homing.) This Resolution was d~y y ia A, T~'ra, O~ alrwoman ~ Approved for Fi"~r11~g" APPEALS BOARD M]gMBERS .~%~~~. S0nthold Town HalI Lydia A. Tortora, Chairwoman ~ 53095 Main Road Gerard P. Goehringer P.O. Box 1179 /'~' George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631,) 765-9064 Vincent Orlando Telephone (631) 765-1809 http: southoldtowmnorthfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERAT]ONS AND DETERMINATION u~v MEETING OF MAY 1, ~,, 2003 ~, .~ ;~ Appeal No. 5277 - North Fork Bank, . - Property Location: 9025 and 8885 Main Road. Mattituck 1000-122-6-22.? 'SEQRA D,,ETERMINATION: The Zoning Board of Apl~,ea[s&aS,~cisited tb'e prdperty under consid;e~at~?~ io tbs appl cat[on and determines that ~is re,v'~w falls'~ter the ~'ype , ,qategqry;: o£~(he ;S~e~ U;st* of,ACtioas; ~ithout an ~tCl~erse e~esti¢¢~ t~'enwronment ~f ~he'proje~{st?iS impl(~mehted as.pl~nne~t, i~ ~ 3~ PROPEI~ ' FAC,TS[D ESCRtPTIO N: t area ahd , ~d is of sign that it not be litJht~d intbrhally.'f, i~ : ' : '~:' :,.', FINDINGS QF FACT .;The Zonin9 Board of Appeals held~[¢ p.ubllc[ht~idsg(~on this aPplicati0n, on April 17, 2012)3, at which t!me wnttemand oral:eCB~h~M ~4fe,~t~eLfiented;t Based',uisoW'all testimony, documentation, ;persgnal inspection of the prope, rlty, and ofher evidence the Zoning Board fidds the following facts to 8g~tr, ue add~i(elevcnt. ., AREA~VARiA~e "* .]. . REEIEF: REQLI,~TED~ ~ Variance is requested under Sections 100- 205N~5 and~gl0'.-20;6A for.a 9' ~' wal 4s[qn¢ at a max'mum he'ght of seven feet The. ,pt~rnaily,. hgh~d portion 8~the ,sib¢.is.l,the, bank's Ieee, as shown on the cor~Ceptbal' re~defirig dated 9/1/02, revi~e/l:t 0tl 8/02 by American Signcrafters. REASONS. FOR BOARD ACTION: On the basis of testimony presented, materials subrni~d and peBonaHnspect ons, the Board makes the following findings: 1. Grant of the ,varia!a,ce will not produce an undesirable change in the neighborhood or a d,eti-i~ent td nearbY' ~roperties. The sign which was replaced on the btlildi"g was 12'4" x 9. The width of thC existing building is greater than 300 feet The sign will cent hue in the:'sam? i;o',.~tion. Un the building, set ~)ack at least 300 feet from the front lot line facing~he ~a~n'Road. Page 2 - May 1, 2003 Appl. No. 5277 - North Fork Bank 1000-122-6-22.1 at Mattituck 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The relief requested is a replacement of the former sign which was oversized. 3. The requested variance is substantial, however, this is a replacement sign, replacing a larger, oversized illuminated sign. 4. No evidence has been submitted to suggest that this variance will have an adverse impact on physical or environmental conditions in the neighborhood, The property contains extensive landscaping between the sign and areas visible from the street. 5. Grant oflthe requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a replacement sign, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Goehringer, seconded by Member Odando, and duly carried, to ' GRANT the variance as applied for, as shown on the conceptual rendering dated 9/1/02, revised 9/18/02 by Amedcan Signcrafters. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Absent were: Member Oliva and Member Horning.) This Resolution was duly adopted Lydia A./Tortora, Chairwoman 5/~/0,~' APPEALS BOARD MEMBERS ~..%~~ Southold TOwn Hail Lydia A. Tortora, Chairwoman ~ 53095 Maii~ Road Gerard P. Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D~ Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (63!) 765-1809 ht~zp://southoldtown.nortbXork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 1, 2003 Appl. No. 5297 - Philip and Jovce Burns Property Location: 500 Old North Road, Southold: Parcel 1000-55-1-8.1. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails under the Type II 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: The applicant's 80,384.4 sq. ft. parcel has 368.05 ft. frontage along the south/east side of Old North Road in Southold. BASIS OF APPLICATION: Building Department's December 2, 2002 Notice of Disapprov, ai, 6iting Section 100-231 in its denial of a building permit to construct a fence in a front yard exceeding the code's four ft. height limitation. FINDINGS OF FACT TheZoning Board of Appeals he d a public hearing on this application on April 17, 2003: at which time written and oral evidence were presented. Based upon all testimony, 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 wishes to construct a 5' high pasture fence in the fron~ yard area facing Old North Road as shown on the survey map dated,.Apri! 29, 2000 with hand-drawn fence location. At the April 17, 2003 public hear nC,. the appli~:ants confirmed a proposed setback of six feet at its closest points to the~pr°pedy r~es. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials 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. Applicants live ~n an agricultural and residential community and request a 5 ft. high fence to enclose a horse paddock. A four-ft, height would not be feasible for horses due to their size. 2. The benefit sought by the applicants cannot be achieved by some metho(~ feasible for the applicant to pursue, other than an area variance. The housing and breeding of large 2 Page - May 1, 2003 Appl. No. 5297 - Philip and Joyce Burns 55-1-8.1 at Southold animals require a minimum height of five feet to properly exercise them on a daily basis. The code does not address agricultural uses related to this type of fence enclosure. 3. The difficulty is self-created in that applicants fence is restricted by the placement of the paddock, which requires frontage on a public road to maximize the paddock size. 4. No evidence has been submitted to suggest that the proposed fence height will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the vadance relief is the minimum action necessaw and adequate to enable the applicant to enjoy the benefit of fencing for a horse paddock, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering allof the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Member Orlando, and duly carried, to GRANT the Vadance as applied for and shown on the sketched-in copy of a survey, SUBJECT to the condition that the fence not be closer than six (6) feet from the front property line facing the road and the east and south property lines, except in the rear as permitted by code (barn placement will define rear yard line). 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), Goehdnger, and odando. (Absent were Members Oliva and Homing.) Thi. s R~l~ly adOpted (3,0)~ ,~d'i~A. Tortora, ~hairwoman / ,~'7' ~PPEz~',~LS BOARD MEMBERS Southold Town Hall Lydia A. Tortora. Chairwoman 53095 Main Road Gerard E Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 V'mcent Orlando Telephone (63D 765-1809 http://southoldtown.norLhforkmet BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONSAND DETERMINATION~.,~¢,g ; MEETING OF MAY 1, 2003 Appl. No. 5298 - ARTHUR'AIELLO Property kocation: 615 Marlene Lane, Mattituck; Parcel 1000-143-3:26'. SEQRA'DETERMINATION: The Zgning Board of Appeals ha~; visited the,property ulq~ler cons derat on n th s app cat on and determ nes that ~th s reme~ falls unfler-the T e category of the State's L~st of Adbons, without ahq adverse effedt on the enwronmettt ~f the project is implemented as planned. PROPERTY FACTS/DESCRIPTAON: The applicant's 11,275 sq, ft. parcel has '75 ft. fr, ontage along the'~ast side of Marie,ne Lane n Ma~tituck. The IotAs improved with a ~"e's~ '' '?',' "' ' ~ ~:"~' ¢ ' " ~' - '" ~"'-' '-' qn - ory.dwell ng w th sunroorn; shower and deck (port ons to be'rgrno~d, ,as ~hown 6,¢n the s,u~vey, p?epare, d by No~h~;'tar Survey ng P C. re;' sod 718102) ' BASIS OF.APPLICATION¢~ Building Department's September 2,5, 2002 Notice of Disappr0Cal; ~i{ing* Section "~0~):'~;;~ in its denial. Of a building 'pbr~it 'tc~*i'cons~truct an ~ddit!on to the dwe n.g and an accessgry garage Thee reason stated :in ~ denia is that there will be a totaLIot coverage ,e~. ceeding the code limitation of 20%. ~.¢ - · - - :'; ~INDINGSOF FACT The Zoning Beard of Appeal,s held a public hearing on this application on April 17, 2003, at whfch: ti[ne Written~tnd;'drAI evidence wi~re presented Based*Updn"~l testmony documentation, personal ms~pecbon of the property; and other eviden4:e, the Zoning Boar~f fin~s the f~)lldwihg* f&c{~ to be true and'relevar~t: AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the "as built" I~tidn ;6f an additionsto the dwelling and aritaccessory 20' x 20' garage, as. shown on th~' stlrvey prepared b~/-N0rthSfar Survey ng, P.C. revised 7/8/02. The ~etbacks of ,.the sunroom addition are shown at 39 ft. to the rear lot line and +-15 fL from the northerly side line, and the garage at 3 feet fr, om the ,east and south lot lines. The lot coverage ~s · .4;--2355 Cq:,':ft..,(26.88~%) w~th the as-butt addton, and +-2755 sq ft (24%} wth the proposed accessory garage ADDITIONAl' INFORMATION: At the public hearing the applicants confirmed that as an alternative to, the· requested 24Yo lot coverage a reduced lot coverage to 20.887% for the addition was acceptable, without the 20 x 20 garage, although the applicant would like to leave the option open for a future application to ocete a smaller structure (possibly a request for a greenhouse or one-car garage). Page 2 - May 1, 2003 Appl. No. 5298 - Arthur Aiello 143-3-26 at Laurel REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternate relief will not produce an undesirable change in the character of the nelgnborhood or a detriment to nearby properties. This 11,275 sq. ft. loi is small and narrow. The applicants moved the existing house and constructed a new house with a large footprint and left the sunroom on the back. The applicants then proposed to add a garage as well as the sunroom and were notified by the Building Department that the lot coverage exceeded the code limitation of 20%. 2. The benefit sought by the applicants can be achieved by alternative relief, as noted below. 3. The relief requested is not substantial. Applicants agreed to reduce the lot coverage to +- 20.89%, as an alternative to 24% for both the addition and 20' x 20' accessory garage. This alternative represents less than 1% relief from the code limitation of 20%. 4. The difficulty was self-created because the applicants could have included a proposed new garage when the new house was designed. 5. No evidence has been submitted to suggest that a variance for the addition to the dwelling will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of alternative relief, noted below, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, 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 267-B, motion was offered by Chairwoman Tortora, seconded by Member Orlando, and duly carried, to DENY the increased lot coverage at for a proposed 20' x 20' accessory garage relief, as applied for, without prejudice, and GRANT Alternative Relief for the as-built addition to the dwelling shown on the March 26, 2003 survey, revised 7/8/02, by Northstar Surveying, P.C., with the CONDITION that there be no increased lot coverage for addition(s) to the dwelling in the future. This action does not authorize or condone any current or future use, setback or other Page 3- May 1, 2003 Appl No. 5298 - Arthur Aiello 143-3-26 at Laurel feature of the subject property that may v o ate the Zon ng Cede other than such uses, S~backS and other features as are expressly addressed in this action, Vote of the Board: Ayes; Members Tortor9 (Ohairwom,an), Goehringer, and Orlando, (AbSent were Members Oiiva and Horning.) This ReSolution. Was duJy adopted (3-0). Lydia A. T.,6rtora. Chairwoman ~ APproved for Filing APPEALS BOARD MEMBERS Southold Town Hall Lydia A. Tortora, Chainvoman 53095 Main Road ~ Gerard ?. Goehringer P.O. Box 1179 ' George Homing Southold, New York 11971-0959 .... Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http://soatholdtown.northfork.net BOARD O1' APPE~S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 1, 2003 Appl. No. 53131 - Gerard and Lorrv'SianL. '" Location of Property: 1100 Skunk Lane, Cutchogtle 97~3-11.5 REQUEST MADE BY APPLICANTS: This ts a request for a Special Exception under;Anticle III, Section 100~30A.2B and 100-3:1B. sub-sectiot~s. 14a-d of the Southeld Town Zoning Code (,Amende, d 2~7-9). Applicants-ownem requeSt aPNACg!gssory Bed and' 'Breakfast, accessory and i~cidentai t(~'the owner's occ~pancy*ia this singl~-f~mll~ dwelhng, with up to three (3)' bedrooms for lodging and serving of breakfast to not more than six (6)~asuel, transient roomers. P,R~PERTY. DESCRIPTION: This property contains approximately 1.84 acre~ of land located on ~l~emorth side of. the Main Road ~[a/Ida 81a;te~Roat~i25) in Orient. The, property is improved with a sii~gle-famjly, [WoLstory frame d~veiling ~vi~h garage and an accessory shed. The dwelling is %ccup ed a,r~d maintained as a !smgre-fam~ty,dwe ling b~ the owners. FINDLXiGS OF FACT The Zoning ~3oard oLAppeals.he]d, a pUblic, h,e~in9 on this application on April 17 2002, at which timb Writte~ ~nd ot:a e~; ~leric~ ~/as presented l~ed upon a test mony, do~cumentation personal ir~spection of the property and the area. arid other evidence, the Zoning Board finds the following facts to be t~e and relevant; REASONS FOR BOARD,;~AOT ON. DESQRIBED BELOW.: Based on the testimony and record before the B~Jard anJ;I ~er~.onal inspection, {l~e Board makes the fellowin§ findings: I ;'f'his. use~,a~ reque~te, di.i;s reasonable'in relation to the District in which is located, adjacent use dis{tic.,is, an~ xl~rb~ a~d ACj~aceot residential uses. This proposed'Bed: and Breakfast Accessory U~e is inBid,enCa tc;,thiA ap,~l cants-oWners' resid,ence as a singie-fa,rn~ly dwelling. The dwelling is refen'ed~ tb ~o'~the ,BuilCr~g' ]Deeartment~s records as Certifica{e ot~ Occupancy #Z-29097 dated 2. The owner's proposed Bed and Breakfast accessory use will not prevem the orderly and reaso~3able ~se of adj~qeBt properties, or properties in adjacent use districts, or of permitted or legally established use§ in this zone district or adjacent use districts. 3, Tt¥,e safe~y, health~ we[fare, comfort, convenience, order of the town would not be adversely affe~c~d bythe proposed Bed and Breakfast accessory use and its location. 4. The strudture wiil be readi y accessible for fire and polipe protection. 5 The proCpsed usew ,be n harmony wth arid promote, the genera purpose and ntent of the zoning code!~Ohapter I00) and will be compatible! ~ith its' surroundings and with the character of the ne ghborho'b~l'and,,'bf'the comm'dnity in general. ' ...... B. The Spegial Exception is for approval of an accessory use (Bed and Breakfast in an existing 0 0 Page 2 - May 1,2003 B & B Appl, No. 5301 - Gerard and Lo,3y Slant 97-3-1 '1.5 at Cutchogue home) and will not prevent the ordedy and reasonable use of this property or adjacent properties. 7. No evidence has been submitted to suggest that this use will have an adverse impact on physical or environmental conditions in the neighborhood. This is an authorized accessory use in the zoning code which is subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 8; No adverse conditions were found after considering items listed under Sections 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering alt of the above factors, the following action was taken: On motion by Member Goehringer, seconded by Member Orlando, it was RESOLVED, to GRANT the application for an Accas.s-ory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) A minimum of five (5) parking spaces shall be on-site on this property (three for th~ Bed and Breakfast Use and two for the single-family dwelling) required by the zonin~,~ code (Section 100-19'i ). 2) Appficant-Owner shall occupy the dwelling as their principal residence, and shalt obtain a Certificate of Occupancy or Compliance from the Building Department before occupancy of the building as a new Accessory Bed and Breakfast. 3) This Authorization by the Board of Appeals is solely for an Accessory Bed and Breakfast and does not include use of the lot and buildings for any other use or purpose. 4) The owners-applicant shall obtain a Certificate of Compliance or other permit from the Town of Southold Building Department as required by the zoning code [Section 100-31 (B-14)]. 5) There shall be no backing out of cars onto the street. 6) There shall be a flexible chain ladder placed next to each guest bedroom for emergency purposes. 7) The Board of Appeals reserves the right to visit the dwelling regarding compliance with the conditions of this approval: Vote ofthe Board: Ayes: Members Tortora (Chairwoman), Goehfinger and Orlando. This Resolution was duly adopted (3-0). (Members Oliva and Homing were absent.) ~- ~ / ..,,-'~¢" ~ .............. ....... i _ Ly'di,~/A. Tortora, Chairwoman 51/25./03 /. APPEALS BOARD MEMBERS ~ ,~,~ Southold Town Hall Lydia A. Tonora, Chairwoman ~ 53095 Main Road Gerard E Goehringer P.O. Box 1179 Ruth D. Oliva ~Qt~.. ZBA Fax (631) 765-9064 Vincent Orlando ~'"~ Telephone (631) 765-1809 http://southoldtowrt, nor th fork.net BOARD OF APPEALS TOWN' OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING CE M~Y'I, 2003. AppL NO. 5320 -Georqe arid Stelta Kalo(~eras Property Locat on 900 Sound Beach Drive, Mattituc~ Parcel 1000-99-1-8.1. SEQP, A DET~RMINATION: The Zoning, Board of Appeals has visited the property under c~. ns[deration )n this aPplication~and determines that this re~,iew falls unfier the Type II , category of the State's List of Action~, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FAGTS/DESCRII~TION: The applicant's 36,895 sq. fL parcel has 127.69 frontage along the north side ~f Sound Beach Drive, lot depth of ~290.68 ,ft. to a tie line along the mean high water mark along the west side property line, and 125.28 ft. along the Long Island Sound. BASIS OF APPLICATION: Building Department's October 21 2002 Notice of , Disapproval, citing Section 100-30A.4, and 100-33, in its denial of a building permit to construct, an ;n-ground swimming pool for the reason that it is~being located inmn area other than a rear yard (a portion is partly in a side yard). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, persona inspection of the property, and other evidence~ the Zoning Board finds the following facts t6 be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant s constructing 16.' x 32' an in- ground swimming pool, + ' r - 13.6 from the west (s~de) property ne, in the northwest yard behind the house and landward of the Coastal Erosion Hazard Line, as shown on the survey prepared by Joseph A. [ngegno, L.S. dated October 1,2002. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials sUbiTiitted~ and personal' ngpections, the Board makes the following findings: 1. Grant of the re el'requested will not produce an undesirable change in the char&cter of the neighborhood or a detriment to nearby properties. The applicant requests relief l~om Section 100-30A.4 (ref. 100-33) which states that all accessory buildings shall be in the rear y?d. A~the hearir~g, the agent for the applicant indicated that upon construction -of an ope~ roofed porch at the'rear of the enlarged dwelling caused a portion of the new swimming pool t(> be placed in the side yard (in part). For the recoro, no one appeared Page 2 - May 1, 2003 Appl, No. 5320 - George and Stella Kal0geras 99-1-87,1 at Mattituck in opposition to the relief requested and a determination is found that the grant of the relief would not create a detriment to either the neighborhood or surrounding district. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, based upon the fact that the swimmingpool was applied for on the site plan submitted by the applicant's agent at the time of getting Building Permit #28277 for an addition to the house and never reviewed by the building inspector. Removal of any portion of the pool would cause all of the pool to be relocated, which would cost many thousands of dollars. Therefore, the applicant has no alternative but to request a variance. 3. The variance granted herein is not substantial since only a portion of the pool is in a side yard; and the remainder is in a~rear yard. 4. The difficulty is self-created based upon the fact that pools ~ general are one structure and cannot be shortened when constructed 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested vadance's the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considerir~g all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for and shown on the plan prepared by Joseph A. Ingegno, L.S. dated October 1, 2002. 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 IChairwoman), Goehringer, and Odando. (Absent were Members Oliva and Horning.) This Resolution wa_s.dj~dopted~3-0). -Lydia A. To~'ra, Chairwoman -: Approved or i lng 5/~"-¢--'/03//~ APPEALS BOARD MEMBERS Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Homing Southotd, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Oilando Telephone (63~t) 765-1809 http://southoldtown'.northfork.net BOARD OF APPEALS TOV~N OF SOUTHOLD Draft 4/22/03; 4~28/03 AGENDA THURSDAY, MAY 1, 2003 SPECIAL MEETING 6:00 p.m Call to order by Chairwoman I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS SEQRA: (none at this time: pending inspections and reviews) I1. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS: Cam/overs [hearinas concluded 4/17/03): Appl. No. 5290 - Fishers Island Club, Inc. AppL No. 5291 - Christopher Showalter AppL No. 5292 - JaCk Weiskott Appl. N'o. 52~c3 - Richam Bird Appl. No. 5299 - Paul Dfnizio AppL No. 5201 - Gerard and Lorry Siani Appl. No. 5298-Arthur Aiello AppL No. 5297 - Philip and Joyce Burns APpl. No. 5296 - Gerard Schultheis (pending flOG[ plan recd. 4/18) AppL No. 5294 - Robert K. Scripps A~ppl. NO. 5320 - George and Stella Kalogeras A~)p!.!~o. 5277- North Fork Bank Ap~L.I~o. 5247 - Joan Langemyr Appl. I$1o. 5295 - Mary C. Berdinka II1. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requeeted and appreciated. Ali testimony shall be limited to zoning issues properly before the Board. 6:30 p.m, Claire Tassone and Michael Nultv #5272 - (continued from 3/20/03) applicants rec Jest Variances under Sections 239.4A. 1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at [ess than 50 feet, 590 North View Drive, Orient; Parcel 1000-13- t-5.1. 6:40 p.m. Josel~h & Theresa Ciampa #525t - (continued from 3/20/03) Applicants request Variances under Sections 100-244. 100-239.4B and 100.33, based on the Building Department's September 16, 2002 Notice of Disapproval, amended December 11. 2002. Applicants 9ropose an accessory swimming pon] in an are8 other than the required rear yard, and additions to the existing dwelling: (a) at less than 10 feet on a single side yard, (b) with total lot coverage over the code's 20% limitation, (c) at less than 75 feet to the concrete retaining wall. Location of property: 650 Beachwood Lane, Southold; Parcel 1000-70-10~56. Page 2 of 2 Agenda SPecial Meeting May 1, 2003 Southold Zoning Board of Appeals 6:50 p.m. Estate of Murray Schlussel #5259 - (continued from 3/20/03. This is a request for a Variance under Section 100.32, based on the Building Department's September 24, 2002 Notice of Disapprova concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line atits closest point; Location of Property: 3085 Stlllwater Avenue, Cutchogbe; Parcel Nos. t000,136-2-5, 7 and 8 (combined as one lot of 62,730 _+ sq. ft. total erea)~ 7:00 p.m. NeW Suffolk Shil~vard i~5149 - (continued from 3/20/03) Applicant request~S a Vartanc8 Unde~ Secti°n 100,i 2~1 Ci, based oq toe BuiidiBg Department'S March 27, 2002, NOtice of DisapprOval~ Applicant proposes two Sets of accessory boat rack StrUctures in this M~I 1 Zone District, in a s de Yard and at a height over the cade,s i8ft; limitation,I at 5775 NeW Suffolk Road; New Suffolk; 1000~t17;5'-29;:1 End of headng$, Publ/~cmee~ng confinueS: IV. OTHER/RESOLUTIONS/UPDATED REVIES/OTHER: V. POSSIBLE EXECUTIVE SESSION .A/?~,LS BOARD MEMBERS Southold Town Hall Lydia A, Tortora. Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (6311 765-9064 Vincent Orlando Telephone (63 J~) 765-1809 http://southoldtown, nor[hfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Updated 5/1/03 ~ 12:00 noon AGENDA THURSDAY, MAY 1, 2003 SPECIAL MEETING 6:00 ~.m. Call to order by Chairwoman I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS SEQRA: (none at this time: pending inspections and reviews) I1. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS: Cam/overs [hearinos concluded ,I/17/03 }: Appl. No. 5290 - Fishers Island Club, Inc. Appl. No. 5291 - Christopher Showalter AppL No. 5292 - Jack Weiskott Appl. No. 5293 - Richard Bird AppL No. 5299 - Paul Dinizio Appl. No. 5201 - Gerard and Lorry Siani Appl. No. 5298 - Arthur Aiello Appl. No. 5297 - Philip and Joyce Burns Appl. No. 5296 - Gerard Schultheis (pending floor plan recd. 4/18) Appl, No. 5294 - Robert K. Scripps AppL No. 5320 - George and Stella Kalogeras Appl. No. 5277 - North Fork Bank AppL No. 5247 - Joan Langemyr App]. No. 5295 - Mary C. Berdinka III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 6:30 p.m. Claire Tassone and Michael Nultv #5272 - (continued from 3/20/03) applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval, Applicants propose a single family at less than 100 feet from me lop of the bluff or bank of the Long Island Sound, and front yara setback at less than 50 feet 590 North View Drive, Orient; Parcer 1000-13- 1-5.1 Resolution to consider applicant's May 1, 2003 request to withdraw this application. 6:40 p.m, Josel~h & Theresa Ciampa ~g5251 - (continued from 3/20/03) Applicants request Variances under Sections 100-244, 100-239.4B and 100.33, based on the Building Department's September 16, 2002 Notice of Disapproval, amended December 11, 2002. Applicants propose an accessory swimming pool ir an area other than the required rear yard, and additions to the existing dwelling: (al at less than 10 feet on a s~ngle side yard, (b) with total lot coverage over the code's 20% limitation, (c) at less than Page 2 Of 2 Agenda Special Meeting May 1. 2003 Southold Zoning Board of Appeals 75 feet to the concrete retaining wall. Location of properly: 650 Beachwood Lane, Southold; Parcel 1000-70-10-56. 6:50 p.m. Estate of Murrav Schlussel #5259 - (continued from 3/20/03. This is a request for ~ Variance under Section 100-32, ~ased on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closest point. Location of Property:. 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136-2-6, 7 and~ 8 (combined as one lot of 62,730 +_ sq. ff. total area). 7:00 p,m. New Suffolk ShiPvard #5149 - (continue~ from 3/20/03) Applicant requests a Variance under Section 100-121C1, based on the Building Department's March 27, 2002, Notice Of Disapproval, Applicant proposes two sets of accessory boat rack structures in this M-11 Zone= District, in a side yard and at a, height over the code's 18ft. limitation, at 5775 New Suffolk Road, New Suffolk; 1000-117-.~-29.1 End of bearings. Public meeting continues: IV. OTHER/RESOLUTIONS/UPDATED REVIES/OTHER: A. Resolution to advertise John and Kathleen Ahearn #5359 as submitted. B. Possible, Resolutio,n to approve Minutes of March 12, 2003 and April 3. 2003 Special Meetings for filing. V. POSSIBLE EXECUTIVE SESSION