Loading...
HomeMy WebLinkAboutZBA-05/15/2003&~{/ A. Chairwoman 53095 Main Road Lydia Tortora, ~, Gerard P. Goehringer P.O. Box 1179 ( George Horning Southold, New York 11971-0959 ~-' Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http:/southoldtownmorthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY;MAY 15, 2003 A Regular Meeting of the SOUTHOLD TOWN BO,~RD OF .ApP,EALS was held at the Southo d Town Ha , 53095 Main Road, SoUthod~'* New York '11971, on Thursday, May 15, 2003, commencing at 9:35 a;m. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehdnger, Member George Homing, Member (left at 3:18 p.m.) Vincent Orlando, Member Linda F. Kowalski, Secretary of the Board Absent was: Ruth D. Oliva, Member. 9:37 a.m. Chairwoman Tortora called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duty carded, to confirm the following Declarations of No Adverse Effect on the Environment for the projects noted below, if implemented as applied for: Type II Actions (No further steps) Melissa Corwin Clark #5305. John and Kathleen Ahearn ;~L5359 - setbacks. Kenneth Cerreta #5282 - setbacks. Joseph and Monique Robin #5314- setback. Edward and Roberta Trippe #5300 - yard location. Anthony Palumbo #5310 - setback. John Sevedni #5303 - setback. Matthew R. Maure #5276 - setback. S. Sachman and A. Quadrani - yard location D. and V. Sonnenbom #5315-- setbacks. R. W. Corazzini #.5304 - setbacks. Page 2 - Minutes May 15, 2003 Regular Meeting Sou[hold Town Board of Appeals Nick Bruno ~5309 - setbacks. Claire L. Copersino #5306 - se(back. Vihold Corp, and J & C Holdings - setback. G. Giannaris & others - setbacks. Warren Melhado #5287 - yard location. Unlisted Declaration with Neqative Effect on the Environment: John and Kathleen Aheam #5359 - lot coverage for porch. Edward and Roberta Trippe #5308 - dwelling design of building. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Homing, and Orlando. (Absent was Member Oliva.) This Resolution was duly adopted (4-0). The following was also noted as pending lead agency SEQRA reviews and with involved departments/agencies: AT & T Wireless (Planning Board, lead agency). II. PUBLIC HEARINGS: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 9:39 a.m. Melissa Corwin Clark #5305. Based on the Building Department's November 26, 2002 Notice of Disapproval, ~his is a request for a Variance under Section 100-242A for a second-floor addition and alteration to an ex~sting single-family dwelling with a setback on a single side yard at less than 10 feet and less than 25 feet for both side yards, at 375 Brown Street, Greenport; Parcel 1000-48-3-22. Appearing were Melissa Clark with her husband and builder. No opposition was submitted by anyone in the audience during the hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). 9:41 a.m. John and Kathleen Aheam #,5359. Based on the Building Department's April 29, 2003 Notice of Disapproval, applicants request Variances under Sections 100-242A and 100-244B for a proposed porch addition which will not meet the code's required setbacks on one side yard of 10 feet and 15 feet on the other side, and which will exceed the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 1000-35-5-13. Appearing were Mr. and Mrs. Abeam. No opposition was submitted by anyone in the audience dudng the hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, and duly carded, to conclude the hearing. This Resolution was duly adopted (4- Page 3 - Minutes May 15~ 2003 Regular Meeting Seuthold Town Board of Appeals 9:56 a.m. Kenneth Cerreta #5282, Based on the Building Department's October 9, 2002 Notice of Disapproval, this is a request for Variances under Section 100-244B for a garage addition at less than 10 feet for a single side yard, less than 25 feet for total side yards, . and less than 35 feet from the front lot line, at 1655 Bay Shore Road, Greenport; Parcel 1000-53-4-6. Appearing was Mr. Cerreta. No opposition ,/cas offered by anyone in the ~. ~udief~e d~ring the hearing. During;the hearing, Board Members requested alternatives with Mi, Cerreta. BOARD RESOLU,TION: After receiving testimony, motion was offeJ-ed ' by Cbai~oman Terrora, seconded bY Member Goehringer, and duly carried, to ac~jod~n the · ,hearing to' June 19, 2003 at 9:30'a.m. ' The hearing was adjourned to give the app icant ~.' ~me to ~,ork on an alternate plan which '~vopld inc~ase the conformi~ and provide tess t ~adaCice 'relief. 10:12 a.m. Joseph A. and Monique Robin #5314. Based on the Building Department's February 19 2003 amended Not ce of Disapproval, this is a request for a Vadance qnder Section 'i'00~30A,3 to r~ise the roof to second-story he'ght at the ex"sting ~,'ngle-f~mily dwelling, at less' than 35 feet from the front property line. Location of Pr0perb~::. 380 W, ~i:ks Rea(l, New Suffolk; Pan:el 1000~110-8-17. (Applicant(~) were not presen~rdu~ng the hearing.)' N0 opPosition was subrnitted b,y anyone iJ~ the audienc.~) B~ARD RESOLUTION: Motion was offered.' by Chairwoman Tortora~'seconded by. Member Goehring,er and duly carried,' to conclude the hearing. `This Resolutiob wa~.d.~l~'~,d~, ted (4-0). ' (pl~ease no~ that Mrs. Robin apPeared at approximately 10:42 a,,m..a~d]~p~fo~ized for a late arnval. No new mforrnation was necessary from Mrs. Robin at !h~s ~e). 10:16 a,m. Edward and Roberta, T, rippe #5300 and Depar:trnent~s January 21,' 2,003, a~ended .Notic~ of Variances under Sections ~ 00-33;. Section 100-31A pool and was disapproved ~lso as a Central Aver~ue, support of this applicatiOq',~acd sul; Ham duririg tt~ t~earfng ¢~s ,one ~opy of a new ,floor.pla~, his previous floor pla, ns. Opp~fhg the application, was, Helei~ Rosenblurn. Esq.. re~r(~senting tbe:Opal~nskis; BOARD RESOLUTI _O,N: After receiving ~s!imony. motion ~/~-s offered by Chairwoman 'Tortora sec~3~ded by i~lernber Horhing and duly carried io a~jdurn the hearng to, June !9 at 9.¢0 a rn ,Ths Resofuton was,,~d~y,~adop[oc((.~-'9). ~.q'l~.~ieanng was adjourned to g~ve th,e,.appl~ca~t time to workon,a plan for aiternat~ r. eher..~¥n:q'h would increase'the donf~rrnity ~r~d P~ovi~le le.~s varian;ce re§el.''t " 'i0:42 a.m. Informal Update: Earlier 'Public Headnq ~#5314:: Mrs. Joseph Robir~ appeared br'efly~ and ....... apo o~ed for amv)ng' ' ' ate.. r~egarding her pubFchear ng advert sod for 9'50. a.m Page 4 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals today. Board Members confirmed they were fam ar w th her request and that the hearing was concluded without a need for additional information, 10:43 a.m. Anthony Palumbo #5310. Based on the Building Department's January 15, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct a new dwelling at less than 50 feet from the rear lot line, at 3550 Grathwohl Road, New Suffolk; Parcel 1000-110-8-3. Mr. Palumbo spoke in support of his application. After discussions Mr. Palumbo was asked to submit a revised map cutting back on the deck size within two weeks. (No opposition was submitted by anyone in the audience.) After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to close the headng. This Resolution was duly adopted (4-0). 11:05 a.m. John Sevedni #5303. Based on the Building Department's January 10, 2003 Notice of Disapproval, applicant requests a Variance under Section 100~239.4B to construct addition(s) to the dwelling at less than 75 feet from the existing bulkhead, at 565 Gull Pond Lane, Greenport; Parcel 1000-35-46-28.27. Chairwoman Tortora opened the hearing, for which Catherine Mesiano was present. Mrs. Mesiano indicated that it was the applicant's choice for an adjournment. No testimony was offered at this time. BOARD RESOLUTION: On motion by Chairwoman Tortora, seconded by Member Goehringer, and duly carded, it was RESOLVED, to adjourn the hearing without a date, pending written confirmation as to whether representation will be available for the July 24, 2003 Regular Meeting or August 28, 2003 Regular Meeting. This Resolution was duly adopted (4-0). 11:08 a.m. Matthew R. Mauro #5276. Based on the Building Department's November 12, 2002 Notice of Disapproval, applicant requests a Variance under Sections 100-242A and 100-244B for "as built" additions and alterations to an existing dwelling with a single side yard at less than 10 feet. Location of Property: 300 Bartley Road, Mattituck; Parcel 1000- 144-3~29. Appearing was Mr. Mauro, noting the as-built bathroom of 8'6" x 6'6. No opposition was submitted by anyone in the audience during the headng. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, and duly carried, to conclude the hearing. This Re¢olution was duly adopted (4-0). SHORT RECESS. RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Goehdnger, and duly carded, to recess till 11:20 a.m. The Meeting reconvened, and the Board proceeded with Agenda (Item II) as follows: Page 5 - Minutes May 'l 5, 2003 Regular Meeting Southold Towr E~oard of Appeals II. PUBLIC HEARINGS. continued: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) ~11,:22 a.m.S. Sachman'and A. Quadrani #5302. Based on the Building Department's '~October I 2002 Notice of Disapproval applicants request a Variance, under, Sections ~100- 33C and 100~32 td ocate an accessory sw mm ng poe as an accessory structure at ess :,,~han 50 feet from the front.lot line, at 4705 Na?sau Point Road, Cutcbogue; parcel 1.000- ~111-9-9. Catherne Mesiano appeared. The BoaCd discussed possible alterna(ives to relocate the new c0nstruct[onb, etween the two existing buildings. BOARD RESOLUTION: .~fter receiving testimony, motion was offered by'Chairwoman 'Tortora, seconded by Member Homing, and duly carded, to adjourn the hearing to June 5, 2003 at 7:10 p.m. This Resolution was duly adopted(4-0). The headng was adjourned to give the applicant time to work on an alternate p an wh ch wou d increase the conf0rrni~ and provide-tess YaHance ¢eJief. 11:42 a.~'~ D. and V: Sonnenborn ¢53!5..Base~f on the Budding Department ~s~anuary 9, ~7003 Notice of,D'~sappro, val, apphcants request a Yanaace unde~ Secf~pns,;~lO0~24~nd *100-244, td~ construct ad~lltlons/a:lterat,ons to an.;eyasting ,dwelhng at less than 2,0 ¢.e_e_t~;~_ a single sidle yard and less than 45 feet; at 690 Old Woods Path, Southold;-; Parcel' T000~-87- 1- 20, There was no appearance or Ch 58 notices w~th proof of ,'nad,n s com,9,et.d by the ajap i~nts ,or their agent. ~'he Board.cons~der6d apphcant, arcn~l,ecl,s a:7,03 lel,l,er for a~journmf~nE BOARD RESOLUTION:. O~. motion by Chairwoman ror!.o, ra. seconded by ~eml~er ~0~hringCr, 'and d,uly carried, it was RE~0LVED '~ate ~t~e~r~g wnttemconfirmation as t~,wheth~t'; representation '¢4! :b,e ,ava lable,, fo~,~he ' Jal~ Z"4; 2053 R~.~ula~ Meetirig o~i-At~gust 28, 2003 Regular']Vleetiiig." dul~ adopted (4-0). .~orazz. ini, Jr. #5304. Based on the Building Departme .r¢','~ Jangary , applicant requests a Variance under Section .100-244 to at less than 35 feet from the rear lot line, at less than 25 feet for both and with lot coverage over the 20% code limitation. I.~ocation of 2925 C. R. 48, Mattituck; Parcel 1000-141-2-13. Mr. Richard Ceraz~.ini spoke The Board asked the applicant for modifications to conform uirement, and reduce the rear yard to 29 feet as an alternative, coverage. Mr. Corazzini was agreeable and would, submit a Board as soon as possible. (No ol~posit on ~vas submitted from BOARD RESOLUTION:, After,~-ecelving testih'iO~y; ~0li0n,was seconded by Member and duly~carried to Page 6 - Minutes May 15, 2005 Regular Meeting Southold Town Board of Appeals 11:53 a.m. Nick Bruno #5309. Based on the Building Department's November 19, 2002 Notice of Disapproval, applicant requests a Variance under Section 100-242A and 100- 239.4B to construct an addition at less than 75 feet from the bulkhead and less than 35 feet from the front and rear property lines, at 115 Sun Lane, Southold; Parcel 1000-76-1-2. No opposition was submitted from anyone in the audience. BOARD RESOLUTION: After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Goehdnger, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). II. PUBLIC HEARINGS, continued: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 11:59 a.m. Claire L. Copersino #5306. Based on the Building Department's January 2, 2003 Notice of Disapproval, applicant requests a Vadance under Section 100-244 to construct a second-stow addition located with a front yard setback at less than 35 feet, at 580 L'Hommedieu Lane, Southold; Parcel 1000-64-2-53. Ira Haspel, Architect, appeared in behalf of the applicant. No opposition was submitted from anyone in the audience. BOARD RESOLUTION: After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Orlando, and duly carded, to conclude the hearing. This ResoLution was duly adopted (4-0). 12:10 p.m. Board Resolution to break for lunch. Motion was made by Chairwoman Tortora, seconded by Member Homing, and duly carried, to adjourn for lunch. 12:50 p.m. Board Resolution to reconvene. Motion was made by Chairwoman Tortora, seconded by Members Goehringer and Orlando, to reconvene and continue with the Agenda. III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. Following deliberations, Board action was taken on each of the applications noted below, with the original official determinations filed with the Town Clerk, with copies of [he originals attached as part of this set of Minutes): Approved as applied for: J. Langemyr #5247 - lot waiver. M. Berdinka ¢5295 - lot waiver. Approved with Conditions: J. Weiskoff #5292 - two greenhouses. Ciampa #5251 - additions and accessory pool/multiple variances. Denied without Prejudice: G. Schulteis #5296 - rear setback. Page 7 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals No action was taken reqardina the followino carryovers from prior meetinqs: N. and C. DiBartolo #5245 - accessory B & B Spec. F_.xc.. (Written submissions were accepted through May 15, 2003.) Hearing testimony was concluded 4/17/03. New Suffolk Shipyard #5149 -~ Accepted was a written submission furnished to the ZBA office this afternoon by Ericd. Bressler. E~q4 n, opp0s t on to th S appllca on). Hearing testimony was conoluded 4/17/03: PUBLIC HEARINGS. continued from Aaenda Item II. supra:. The fo owing pubJic headngs were held. (Also a~,ailable are written transcripts of the oral testimony and statem~ents offered during the hea~ings at this time.) 1:08 p.m. Duryea. Trust #5202 (hearir~g continued f a Variance under Sections 100-242A~ July 18, 2002 and Augusf, 20~ 2002:,Notices of to demolish the ~ at less than 35 feet', Architect appe, ared in ~behalf of and nearby res[(le~ia~l.-~ yard a{eas. BOARD RES(:;JL~TION After r Tortora,., ed 1:24 p.m...AT '& T Wiretess #5311. This is a request for a Special Exception under Section 100-162 for a~ public utility wireless telecommunir~,ion facility With antennas at the site of Our Lady of Grace Church Oriental Avenue, Fisher~ Is and; Parcel 1¢00-9-7-11.1. Lawrence Re,:.!E?~ appeared in behalf of the applicant With Nell McDonald, Architect, Ginny Wattral,gf Fre~denthal and Elkowicz Consultants, Leu Comacohia Eggineer. (No opposition was~ s:ubmitted! by anyone in [he audience.) .BOARD RESOLUTION: After receiving testi~any, ~otion was offered ,by Chairwoman Tortorla, seconded by Member Orlando, and d~ly ~ar,~ied, to conclude [he,hearing.. Tl~is Resolution was rdUly adopti~d (4-0~. AGENDA ITEM VI-C. BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Homing, and duly carried, to authorize advertisement of the public hearings for June 19, 2003, and the start time of the meetiqg to be, 9:00 a.m. instead of 9:30 a.m. Vote of the, Board: Ayes: Members Tortora (Chakwoman), Homing, and Odando, (Absent was Member Olive;) (Member Goehdr~geF was ~bsent during the Resolution to make a copy outs[de of' the. meeting room~) This ReLsolution was duly Page 8 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals AGENDA ITEM VI-D: Correspondence from Jane Schantz regarding Application of N. DiBartolo for an Accessory Bed and Breakfast. ChairWoman TortOra noted that T°Wn Counsel was being consulted regarding this request. (Member Goehringer returned at 1:49 p.m.) PUBLIC HEARINGS, continued from A(~enda Item Il, supra: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 1:49 p.m. VIHOLD Corp. and J & C Holdinas, Contract Vendee #5313. Based on the Building Department's February 6. 2003 Notice of Disapproval, applicants request a Variance under Section 100-239.4A.I to construct a new dwelling at less than 100 feet from the top of the bank or bluff of the Long Island Sound, after removal of the existing dwelling. Location of Property: 19625 Soundview Avenue, Southold; Parcel 1000-51-1- 22.2. Abigai~ A. Wickham Esq. spoke i~ behalf of J & C Holdings and the applicant. Objections-concerns were raised by Paul Lancey, adjacent ~andowner. it was noted that a ~. ' response from the Suffolk County Soil and Water Conservation District was not yet received. BOARD RESOLUTION: After receiwng testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, and du!~y carried, to conclude as to oral testimony and to extend the written comments by May 29 . This Resolution was duly adopted (4-0). 2:20 p.m. Geor<~e Giannaris. John Giannaris and Others/Hellenic Cabins #5019. Based on the Building Department's March 13, 2003 amended Notice of Disapproval, applicants request Variances under Section 100-244B to construct hotel units in this Limited Business (LB) Zone District, after removal of the existing cabin structures. The new hotel units are proposed to be located at less than 20 feet on a single side yard, less than 45 feet for both side yards (total), and less than 75 ft. rear yard, at 5145 Main Road, East Marion; Parcel 1000-35-2-14. Patdcia C. Moore, Esq. and George Giannaris, the applicant, spoke in support of this application. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carded, to conclude the hearing. This Resolution was duly adopted (4-0). Page 9 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals C IV. PUBLIC HEARINGS. continued from Aaenda Item Il, supra: The following public hearings were held· (Also available are written ~ranscnpts of the oral testimony and statements offered during the hearings at this time.) 2:27 p.m. Warren Melhado ~5287. Based on the Building Department's December 13, 2002 amended Notice of Disapproval, applicant requests a Variance under Section 100- 30A.4 (ref. 100-33) to construct an amateur radio tower in a front yar(~ at a height exceeding the code limitation of 18 feet as an accessory structure. Location of Property: 165 Wood Lane, Southold; 1000-86~6-2.3. Mr. Melhado spoke in support of his application. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Homing, and duly carried, to conclude the hearing. This Resolution was duly'adopted (4-0). SHORT BREAK/RESOLUTION: Motion was offered by Ct~ai.~/oma~i~o~tora~s~econded by Member Or and0 ~hd duly carr ed; to recess for a shod break tm~,~;~.? !~ 2~0'p.m. The Meeting r onvened at 2:50 p.m. :' tV.,,. PUBL~C~, HEARINGS, contlnaed, from Aaenda Item. 11.· supra~. The following pubhc bear rigs were held, (A~so ava a~e are wr tten transcr pts Of ff~e ~a test mony and statements offered, d~nng the heanngs at ~th~s t~me.) , 2~52 p.m, East~Enders/11;'160 Main. Road. In~ (formerly Base~ on the B~ilding 16, 2002 Notice of f 26, and 100-243A: ( at 4.4 feet p~'0posed on, a lot 'I ~',I60 Main Road, support, of this or similar ~ Town interrupted hearing re~arding E~S~.. ~) . Page 10 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals DELIBERATIONS/DECISION (Aqenda Item V~): The Board deliberated on the following application. FolloWing deliberations, Board action was taken, with the Original official determination filed with the Town Clerk, Town of Southold (copy attached) and made an official part of this set of Minutes) Approved as applied foe AT & T Wireless #5311. Member Homing left at 3:18 p.m. PUBLIC HEARING, CONTINUED: The Board resumed the public headn9 of East Enders/11160 Main Road. Inc. fformedv Cifarelli)#5211. Opposition and concerns were offered by nearby landowners Luck Miller, Robert Miller, Frank Milowski. Also speaking was Bruno Semon of the Planning Department regarding parking, most of which was met for retail only, and a possible waiver for a few spaces; sanitary also, and that the Planning Board may be filing an application for an Interpretation (if the Planning Board filed an Appeal for Interpretation with the ZBA Monday, it then could be advertised for a June 19th ZBA public hearing). Board Members also discussed consideration with applicant of an in-out circular access around the building. It was suggested that the applicant and the Planning Board get together and return with plan revisions for consideration. BOARD RESQLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to adjourn the hearing to July 24, 2003 at 1:00 p.m. This Resolution was duly adopted (3-0). (Members Homing and Oliva were absent.) The headng was adjourned to give the applicant time to work on an alternate plan which would increase the conformity and provide less variance relief. E~d of public hearings. AGENDA VI-A Item noted: The next Meeting was confirmed to be a Special Meeting scheduled for 6 p.m. on Thursday, June 5% (Agenda items may include public hearings adjourned from previous new application calendars, and continued work rewews of other new files for future calendars, and possible deliberations/possible decisions on carryover applications. 0 0 Page 11 - Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals There being: no other business properly coming before the Board at this time, the Chairwoman declared the Meeting adjourned. The Meeting was adjourned at 4:20 p.m. RespectfullY submitted, Board SecretaW 6/16/03 Attachments: Case Decisions (6.) ~ ~/~------~ RECEIVED APPEALS BOARD MEMBERS .~f.~%~~% Southold Town Hall Lydia A. Tortora, Chairwoman ~~ 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruttx D. Oliva ZBA Fax (63i) 765-9064 V'meent Orlando Telephone (631) 765-1809 http:/southoldtown.nor thforlcnet TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ,lift1 1 2003 ~' LANGEMYR ' - ?,- - ~outhold ~V~n'elerk Appl. N. 5247 - ,lOAN Street and Location: 770 Oak Drive, Cutohogue 1000-104-6-12.1 PROPERTY FACTSlDESCRIPIION: Applicant's property is located on the south side of Oak Ddve it~ Cutohogue. The property contains a total area of 30,,649.56 sq. ft., identified on the Suffolk County Taxx Maps as 1000404-6-12;1 13 Exist ng S a ~0ne-story ~ood'framb dwe ling. 45 ? feet from the fro~ property lrne fating Oak Drive, as shown on the August 26, 2002 survey prepared by Stanley/& ,Lsaks~n; ~1[:, BASIS,.OE~APPLJGATI©N~, Al~pticant's August 12, 2002 request for a merger determination, by '~ay..of} ~,~ d[Og pecm t~p¢ icat 9n 't,o. ocate a new dweling; was denied by the ~Bu dng Dep~!~n August ~1~! 2002, for the; reason that CTM Lot 12.t!has~merged ,Xqth an adjacent lot ~ thek~as)} (~l'000-194-6z'IB). pursuant to Section 100-25, and the lots have been held in common ~.. 0wn~ar~BiP~d~fing a:~pedod, of:time after July 1, 1983 AP, PhlCANT~S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section .slO0~26,;',t~'iu~nrnerge CTM #13'w~th 1.5,131.09 sq. ft. in area and 112.53 ff. in width along Oak treet, fro~ CTM ~12.1 with 15,518.47 sq. ft. in area and 125.04 ft. in width. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing o~ this matter on Apdl 17, 2003, at which written and oral evidence were presented. Based on all testimony, documentation, personal observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The title search prepared by Chicago Title Insurance Company and Alexandra A. Bossung dated October 10, 2002. indicates that CTM #13 was acquired by Joan Langemyr and her husband, Roy Langemyr, from Emile A. Vibert and Marion S. Vibert, by deed dated 6/15/1970 recorded at Liber 7308 page 592. At the headng it was noted by the applicant's attorney that CTM #12.1 was acquired by Langemyr from Ellis Hyers and Helen K. Hyers by deed dated 6/11/1977, recorded in Liber 8260, page 204 on 6/29/1977. The adjacent iand, The Viberts owned CTM #13 since 1961. The Hyers owned CTM #12.1 since 1963. 2. On 1/2/1973 Roy Langemyr died, and as a result. CTM #13, improved with a dwelling, became merged with vacant CTM #I2.1. 3. Grant of a waiver of merger will not result in a significant increase in the density of the ¢'~'""* neighborhood or district containing single-family dwellings. The grant of this waiver will provide for future construction of not more than one dwelling with single-family occupancy, Page 2 - May 15, 2003 ZBA Appl. No. 5247 - Joan Langemyr 104-6~12.1 at Cutchogue 4. Grant of a waiver of merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single-family residences, and consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this zone district. The 15,518.47 sq. ft. size of the vacant lot (CTM 12.1) in question is equal to some, and smaller than others, but it is clearly consistent with the average size of lots in .the neighborhood and district. 5. The waiver will avoid an economic hardship for the owner. 6. Waiver of merger will allow for construction of one single-family dwelling on original deeded lot, which will not result in a significant increase in the density of the neighborhood. There will be no need for significant change in its contours or slopes, and no evidence was presented to suggest that the lot would require filling affecting nearby environmental or flood areas, or to suggest that its natural details, character, contours or slope would be significantly altered in any manner, 7. The waiver would recognize the odginal lot lines as set forth in the 1963, and earlier deeds, for CTM #12.1. BOARD RESOLUTION: NOW, therefore, on motion by Chairwoman Tortora, seconded by Member Goehringer, it was RESOLVED to GRANT the Waiver of Merger, as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger, Horning, and Orlando. (Absent was:. Member Oliva.) This ResolutiOn wa? d,gJ.y-adopte~4-0). Lydia,,ACTortora, Chairwoman 7/1/03 AI~PEAL~ BOARD MEMBERS ~ Southolc[ Town Hall Lydia A. Tortora. Chairwoman ~%~ 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Hormng Southold. New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 V~ncent Orlando Telephone (631) 765-1809 http: sourholdtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ~-/~-~ FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF MAY 15, 2003 , . . ..~/ MAY Z2 2003 App.I. No: 531'1 ~ AT, &tT 'WIRELESS'. (Gun Lad', of Grace. Church) Ri-opert~Le(~aton' Orenta Avenue4 Fi~rs Sand; ParCe 1000:9,7-11~_., Zbne~Dfstrict: R-80 Residential. ' ~,, ' .t.,._ ; FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 15, 2003, at which, time wri:tten., and: oral evidence were presebted. Based uponi all testimony, docgmer~tion,~pemnaldn~spection of the property, and other'evidence, the Zoning Board finds the follOWing fac~s to be true and relevant: - - PROPERTY FA~S/DES~RIPq'ION. The applicants, property c0,ntams ;2,~.; ~, acres, located along ther north/east.side of Oriental Avenue, distant 225.7~ ft., east of Alpine; Avenue. The prOPerty.is mpr°Ved w th, a Ohurch a two-story;res dence (re~torY), and detached garage. ,APPL CANTS REQUEST/BAS S OF APPL CAT ON ~ T a prospective , , ~enant rega[din~j']ao~ owned and.0ccupied by Our Lady of, a personal communication service (pCS)facility and six panel within the steep e of the church building. There will also be associate~d eq~ within the louvers frequency will be flicant is , 'installation of a Alexander ¢:the Southold ...... '-" ........ - ......... OHa~ler ~.O (Zoqin~)tof .. ~. . . .. .... · : : - .the Town of :', .. ,,;ecti~'~OO:,l Any unstaffed fadlity for the transmission and/or rec~.ption of wireless telaco~mu~icatlons services or other radio transmission an~/or, r~cei~ ng service or use ust]al[~ ,conslsbng,of a wireless commumcatlon fac~ Ry aEay; c~.dec;Qon cables, an equipment fa~ ty arid a:sdpport ~tructure to obta n ~he neces~,e[~v~bn. The support structure is ether a building telecommun cation or radio, antenqa or tower or other apg, rot;'ed s~rUcture; [Added 11-12-1997 by L L No.. 26M997t; amen~ie~l 2-2-1999 by L L No., ~34199~9] ; Page 2 - May 15, 2003 Appl. No. 5311 - AT & T Wireless 9-7-11.1 at Fishers Island CODE ARTICLE XVh Section 100-160 of the Zoning Code allows wireless communication facilities, and particularly telecommunication towers, to be reviewed and approved in keeping with the town's existing zoning and historic development patterns, including the size and spacing of structures and open spaces. Furthermore, the standards herein reflect two preferences: that wireless communication facilities are preferred in industrial areas and that wireless communication facilities be located on existing buildings and towers rather than on newly constructed towers. Any wireless communication facility must take into account the aesthetic aspects of the town, including open vistas, scenic byways and historic districts. In addition, the following provisions apply: § 100-161 . Scope. [Amended 12-8-1998 by L.L. No. 25-1998] The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the Iocation and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit~ regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. § 100-162. Location of use. No wireless communication facility shall be used, erected or altered in the Town of Southold when located in an R-80 Residential Zone District, except by (Planning Board) site plan approval, meeting the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. Wireless communication facilities on buildings shall be no higher than 10 feet above the average height of buildings (excluding signs~ fences and wails) within 300 feet of the proposed facility. The building on which the wireless communication facility is located must be located at least 100 feet from the nearest property line and 300 feet from any landmark property or district listed by federal, state or town agencies. (2) Wireless communication facilities on existing telecommunications towers shall require a special exception approval pursuant to this chapter unless otherwise allowed by the terms of a prior special exception approval. (3) Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the facility or, if there are no buildings within 300 feet, these facilities shall not project page 3 - May 15, 2003 ~ AppL No. 5311 - AT & T Wireless : ~,, 9-7-11,1 at Fishers Island :: ' higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facil!ty site, all t~lecommunicati0n towers shall be s~rreunded by'dense tree growth to screSf~ vf6ws of the facility in all directions The base of the tower shall be located at least 100 feet from ~ the nearest prOperty line and 300 f~(Ct 'frOm a' landmark property or district listed by · '~'federai, state or,town agencies. ~ (4) A wirel~ess ~mmun~.~ion racilitylis a perm,(!ted ,use, not requir, ing site plan a,ppreval, ~f located o~. property o~qed, 'leased Or ,otherwtse, control ed by state, federal~or tov~n gover.nment, prowded that!a hpense or lease authorizing such fac~l~ has;been a~preved by that government. The h~ight of such facility mav be established'by the, public'~gency. (5) A wireless communi~ion facil'ty isa permittect use .riot requ'ring~Site ~lan approval, if located c~ property °Wned,,~ leered ..or otherWiSe centre 'ed by a Special district p ~¥~ded' ~ha['-a license ;o¢.lea-~e authenztng, such -f~et!',~ty has been appreved~by the ~o~ss~on~-s of ~he special d~tn~t~ a~id~ provided that,it~,~oes' no~ e~ce~ the-maximum heights speqifiad above. tai3dards~ I~ addison, to the stai3dards ~n Arttcle XXVI of th~s Code the~Zoni~g Board of Appea~ls finds arid determines the for owing: (1~ The applicant is a public utility. (;~-~Constr,uc~i~i ¢ ~';pr.,oposed ,facility or modification of the existing facility, is a public r~§~ity;-;!;r~)!(~t~i~:!~"re~l'uired; to m~t currebt or' expected demands Of the 'tbl~t,cq.'~mUhic~tiSds j~09 d:e'r ~nd to render adequate serv ce to the pub c · collocate on existing towers or, substantial effort to locate on fedecal, state or Wi,th appliCabie FCC rega ations rw~se, which make it more feasible OTHER CONSIDERATIONS: In addition tO considerations und,er Article XXVI (Special Except~op.,s~) of Chapter, ~0,0 the,-Zomn~f Eioard 'of Appeas. ,has g yen cons deratlon ,to the followinC3~ii ]ssu~g a, speciai except~o~ app~rova fo~ia wireless communication fac ty ' Page 4 - May 15, 2003 AppL No. 5311 - AT & T Wireless 9-7-11.1 at Fishers Island (1) The height of the proposed structure/tower is the minimum necessary to render adequate service, inside the existing steeple of the church building. The antennas and equipment will not be visible from the exterior as proposed. (2) The antenna for the wireless communication facility is situated within a building and is minimized by its proximity and little or no visibility to residential structures, residential district boundaries and landmarks designated by town, federal or state agencies. (3) The wireless communication facility and its antenna(s) are designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts or obtrusiveness, (7) The applicant is a public utility. (8) Construction of the proposed facility, or modification of the existing facility, is a public necessity in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. The applicant has established that the facility is necessary to fill in a gap in service for its established cellular telephone customer base, as well as allow for the overall expansion of the working range for their service in the eastern Long Island region, and, in par[icular, the community of Fishers Island, in the Town of Southold, New York. (9) The applicant has made substantial effort to locate or collocate on existing towers or, failing that, that the applicant has made substantial effort to locate on federal, state, or town land and facilities. This effort is demonstrated by the applicant's Alternate site Analysis of two other possible site locations in the vidnity of Fishers Island~ including a pre-existing microwave facility currently maintained by AT&T Wireless, on the western end of the island, under a long term lease arrangement with the Fishers Island School District. (10) The taci'lity i:onforms with applicable FCC regulations. (1 I) There are compelling reasons, economic or otherwise, which makes it more feasible to construct the proposed facilities, rather than alternatives. The use of an existing church bell steeple is cost effective to pursue, and insures that there will be no visible detrimental Page 5 - May 15~ 2003 Appl. NO. 5311 -AT & T Wireless 9-7-11.1 at Fishers Island environmental impact, since the appearance of the steeple will remain the same, and the antennas w~ll not be seen. RESOLUTION OF THE BOARD: In considering all of the above,factors and applying the balaneihg test under N~w York Town Law 267:B, mOtion waS offered by Member Horning, seconded by ChairWoman Tortora, and dulY carried, to GRC, NT the Special Exception, as applied for and as shown on the site map prepared by No~I Alexander MacDonald, R.A. isSUed 5FI 57051 This acti0r~ does npt authorize or oondone a,ny current or future use, setback or other feature of the subject property that may violate the Zen ng 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, Horning and Orlando. (Absent was Member Oliva.) This, Resolution was duly adopted (4~0), Ly~A. Tortora 03; Ch~irwom ~ / APPEALS BOARD MEMBERS Southold Town Hal~ Lydia A. Tortora, Chairwoman 53095 Main Road Gerard E Goehringer P.O. Box 1179 George Homing Southold, New York 119714)959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (63~1) 765-1809 http//so~[~r thfol~kmet BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERM[NATI MEETING OF MAY 15, 2003 ~'4~' /~ ~Southold ToWn Clerk · Appl. No. 5251 - JOSEPH and THERESE CIAMPA Property LOcation; 650 BeachW°od Lane, Southold; Parcel 1000-70,10-56. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration ih this application and determines that this review falls under the Type categOry.o[ the State's List of Actions, without an adverse effect on the environment if the project iS fmplemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 19,575 sq. ft. parcel has a frontage of 135 feet ~long the soUth side of Beachwood Lane, Southold, and a depth of 16?:77 feet along the west side ne, a depth of 178 80 feet along the east side Iine, and width of 121.0!4 feet: along the rear property (tie lines at mean high water). The property is improved With an existing split-level dwelling with existing open front porch and rear deCk. BASIS OF APPLICATION: Building Department's September 16, 2002 Notice~ of DiSapprOVal, amended December 11, 2002, citing Sections 100,244, t00-239.4B, and 100,33 in its denial of a building permit for an accessory swimming pool in an area other than the required rear yard and deck construction: (a) at less than 10 feet on a single side yard, (b) with total lot coverage over the code's 20% limitation, and (c) at less than 75 fe~t to the concrete retaining wall. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003 and May 1, 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: Applicants wish to construct an 18' x 36' accessory in-ground swimming pool and a stone wall surrounding the pool with fence enclosure at 35 feet from the existing concrete retaining all along the edge of wetlands. Aisc shown on the plan are proposed deck addition and front entry, landward of the established 30 ft. setback from the bulkhead, at its closest point. Together with the pool and the deck additions, and exclusive'of the stone terrace surrounding the pool and steps to grade, the t)verall lot coverage is shown on the site plan (SP-1) revised 5-13-03 will be 21.2%. The westerly side yard setback for the pool with terraca will be 10 feet at its closest point (15, feet to the pool), and the remaining easterly side yard will remaih at its eStabliShed 8,9 feet. Page 2 - May 15, 2003 Appl. No, 5251 - J. Ciampa 70-10-56 at Southold 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 alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Originally, the applicants reouested several raised accessory structures (elevated pool with terrace surrounding the pool, deck additions, and stone walks seaward of the existing home). Budng the hearings, the architect/agent for the applicant was asked to scale back the project from a proposed lot coverage of 22.5% to approximately 21%. By letter dated May 13, 2003, Architect Garrett Strang confirmed that the northeast section of the roofed, open front porch has been deleted in the amount of 152 sq. ft., and the existingopen center section of the re~r deck will remain open, eli~ninatin~ 98 sq. ft. The revised plan dated 5-13-03 conf~rms ~i.2~% ct qO,verage. The r~eigbbor'on th~ west side Of the pQo1 in the area of tbe. p ~..~rop sed~poo s a co, ninon .ty beach wh ch wou d allow emergency access f needed behjr~d th~ house and new constructbn. 2. The b¢nefit sought bythe applicant cannot be achieved by some method, feasible for e I th app [qant.to pursue,, other than .aB area vanance. Applicants have a well-establ~shed higfiqeve! ranch home bui t about 19~0 wh ch, after the poo s terraced areas are added, woud b~ centered .... on the property The property s +-140 ft dee, p on the west sde (to the concrete retaining wall) and has a substandard size of 19,575 sq ft. It s not uncommer~ foi' dr§ of this s ze to requ re a m nor ct coverage var ance and the poo w th terrape r~qu~re an elevation above grade due to the Iow c0nfours and ground water lev~l~. (F~A) 3. 'F, he reJief requested is substantial. However due to the ex st ng ocat on of the house and (1~e CrdpCrty size, the applicants request s not unreasonab e when us ng the sca ed- down plan for a maximum lot coverage ~s not unreasonab e. 4. The alleged difficulty is self-created, based on the location of the house on a waterfror~t lot which dictates the location and size of all accessory structures both at the time 'of construction and in future planning. 5. No evidence has been submitted to suggest that the proposed additions will have an advei'se impact on physical or environmental conditions in the neighborhood. 6. Grant~ of the requested varance s the m n mum acton necessary and adequate to enab e the apphcant to enjoy the beneft of a swimming poo and deck add tons, wh le preserving, and protecting the character of the neighborhood and the health, safety and welfare of the community. ,Page 3 - May 15.2003 AppL No. 5251 - J. Ciampa 70-10-56 at Southold 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 Goehringer~ seconded by Member Homing, and duly carried, to DENY the relief requested for 22% lot coverage, and to GRANT Alternate Relief as show~ on the May 13, 2003 revised site plan prepared by Garrett Strang, Architect, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The stone terrace footpath shall be at ground level for the purpose of gaining clear access in any emergency; 2. The side yards shall be open and unobstructed for a minimum width of 10 feet~between the westerly; property line and the raised terrace/path areas, and a minimum width of 8'9' (existing setback) between the easterly property line and the raised (building) area. 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), Goehringer, and Horning. Nay: Member Orlando, (Absent was Member Oliva.) This Resolution was duly adopted Lydia A ' ilin 6//¢ /~3 3/Ix'ora, - pp g APPEALS BOARD 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://southoldtowmnor tlffork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY1.5, 2003 Appl. No. 5292 -JackWeiskott Property Location: 41000 County Rd. 48, Southold; Parcel 59-10-3.1. SEQRA DETERMINATION: The Zoning Board 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 6.2064 acre parcel has 297.50 ft. froMage along the south side of the North Road or C.R. 48 (a/k/a Middle Road)~ ,n S0bthotdL BA~S',~DF.,,API~LICATION: Building Department's October 25, 2002 Notice of Bisa~w~¥al citing, section 100-83A in its denial of a building permit to construct two grebrthO~uses wth,setbaoks at ess than 100 feet from the r ght-of-way. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, at which time written and 0ral evidence were presented. Based upon all testimony, documentatbn, personal inspection of the property, and. other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting approval of the as- built location of two greenhouses situated in the Limited Business portion of the property at 86'fk and 88.2 feet from the northerly front property lines. The greenhouses are 18 ft. wide and extend between 88 it. and 98.2 feet in ength and centered between the side lines. The height of both greenhouses is at, or less than 10 feet. 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 qeighborhood or a detriment to nearby properties. The property is~used as a commercial-a~Ficultural nursery (Ornamental Plantings). The property to the east is a machine shop. To the south, and west are open agricultural lands or vineyards. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There are substantial, landscaped Page 2 - May 1~, 2003 AppL No. 5292 - J. Weiskott 59-=10-3.1 at Southold berms and gardens containing grasses, shrubs, flowers and trees, screening the greenhouses from view most of the year. 3. The relief requested is not substantial. The relief requested is a 14% reduction of the code requirement, from 100 feet to 86 feet. 4. The difficulty has been self-created. The applicant was aware of the code requirements at the time of building the greenhouses which was a condition of the Building Permit #26021-Z issued October 7, 1999. 5. No evidence has been submitted to suggest that the greenhouses will have an adverse impact on physical or environmental conc tions 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 greenhouses, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering ali 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 Goehringer, and duly carried, to GRANT the Vadance as applied for, as shown on the plan prepared October 8, 2002 by Peconic Surveyors, P.C.. SUBJECT TO THE CONDITION that if the greenhouses are reconstructed, rehabi{itated or rebuilt, that the greenhouses be of permanent construction and meeting the code requirement for a 100 ft. m~nimum setback from the front properly 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, Homing, and Orlando. (Absent was Member Oliva.) This Resolution was duly adopted (4-0). ' Lyd? A. TorPorS, Chairwoman - Approved for Filing 6/,~ /03 / -'"' APPEALS BOARD MEMBERS ~ Southold Town Hall Lydia A. Tortora, Chairwoman ~ 53095 1Vmin 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 (63l) 765-1809 htrp://southoldtown.nor t h fork aiet BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING,OF MAY'~5, 2003 Appl. No. 5296 - GERARD H. and, CAROLYN SCHULTEIS Properly LoCation: 1840 First Street, New Suffolk Parcel ¢Pl 17-5-46.3 SEQRA DETERMINATION: The Zoning Board 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, withoul an adverse effect on the environment if the, project isqmplemented'as planned. PROPERTY FAC:TS/DESCRIPTION: The applicants' 12,017 sq. ft. parcel has:84.39 ft. frontage along ¢?rravel~d Road" at the end of First Street in New Suffolk. The property fronts along Cut,chogue Harbor and s improved with. a one-story residence with elevated WOO~ ~eoks and an accessory two-car garage all as shown on the survey prepared by Stanley ;J; lsaksen Jr. dated October 9, '2001. BASI'S OF APPLICATION: Building Department's January 2, 2003 Notice of Disapproval, amendedeAPril~,16, 2003, citing Sections 100-242A and~ 100-244, ih its denial of a Building permit to construct an additions and alterations to the existing dwellirtg, The [eason~stated in its denial are that the code requires, a rear yard setback Of .35',,'4eet~ and 'a}~'prop~$ed new nonconformance or increased degree 'of nonconformance with!~6gard,l to the regulations pertaining to' such building is not per?itted. The additior~s, are proposed over the existing footprint with a rear yard setb~'E,at'+~12',3 .feet.i::;: 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, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct two-story addition/alteFations to their existing dwelling as shown on the applicant's 10/7/02 construction diagram dated 10/7/02, j:e,vised 12/26/02. Applicants' October 9, 2001 survey prepared by Stanley J, Isaksen,' Jr., L,S, shows the setbacks of the existing one- story dwelling with deck areas, at: (al zero from the northerly bulkhead/property line along Schoolhouse Creek, (b) 18.1 feet'from the westerly bulkhead/property line, (c) 48+- feet from the southerly property line. and (d) +-16 feet from the easterly property line, at its closesl points. The additions include the proposed expanded living area from Page 2 - May 15, 2003 AppL No. 5296 - G. and C. Schultheis 117-5-46.3 at New Suffolk approximately 1,000 sq. ft. to +-1,600 sq. ft. Also proposed is a new roof over the existing deck, replacing the plastic roof with wood construction. CONCERNS RAISED: During the public headng held April 17, 2003, concerns about expansion were raised and noted in the record. 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 produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The expansions are proposed with setbacks too close to the property line and the additions proposed would exacerbate environmental factors of concern at the site. The plan does not provide for suitable access for fire and emergency vehicles. 2. The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the relief requested at +-12.3 feet. 3. The relief requested is substantial. The addition is 22.7 feet closer than the code requirement. 4. The variance requested has been self-created since the applicant purchased the property with knowledge of the restrictions and planned the additions. 5. Information has been submitted to suggest that the proposed additions will have an adverse impact on physica~ or environmental conditions in the neighborhood if the vanance granted as applied is for. RESOLUTION OF THE BOARD: In considering ail of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Homing, and duly carried, to DENY the variance as applied for, WITHOUT PREJUDICE. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member O/ivy.) This Resolution was .~qj~._adopted~(4-0). Lydia A."To~ra, Chairwoman -Approved for Filing 6/,Z// /0/3/ APPEALS BOARD MEMBERS .,o5~BI:[ [~'~- · ? · Lydia A, Tortora, Chairwoman :' 53095 Main Road George Homing Southold, New York 11971-0959 Ruth D. Oliva ~'~.~ _.--- ~ ZBA F~ (631) 765-9064 VMcent Orl~do ~ ~ Teleph~e (63 ~) 765-1809 http://sou~oldtown.no~hforkmet BO~D OF ~PE~S TO~ OF SOU~OLD AGE~A SDAY, MAYtk5, 2003~ $~'~:9:30 a.m. Call to order by Chai~oman. I. STATE ENVIRONMENTAL QUALI~ REVIEW DETERMINATIONS (SEQ.): . ~Twe 11 Actions (No ~er steos~ Mel~sa Co.in ClaCk ¢5305. John and Kathleen Aheam ~5359 - setbacks. Kenneth Cerreta ¢5282 ~ set~acks. Joseph an~ 'Monique ~bin ¢~314- setback. Edward;~d Robeda ~ ppe ~300 and ¢5308 - yard Io~tion. ~nthony'Palumbo ~534:b -~s~tback. John Severini ¢5303 - setback. ~aEhe~ ~ ~auro ¢5~76 % setback. . Sac~n a~ A. Quadr~'n,~ yard ocat on D an~ ~,,~Onnenbom~53ff~5 -setbacks R,. W, ~orazZim;¢5304 ~ s~backs. Claire L, ~pemine ~306 - setback. Viho~d ~rp. and J & C HoMings - setback. G;G an~ris & others - se~acks ~r(ep,~ ~,~[e hade,~287 ..... ~ ya~ ocat on. Unlisted Declamtio~ ~th ,Neaativ6~Effect on the Environment: dbh~ ~nd~Kathleed'Ahehm,~359 - lot coverage for porch. Edward a~d RobeCa Tr!Bpe ¢5300 and ¢5308 - dwe ng des gn of building. ,, r,,.,,ss Plnn:q,7: Board i II, P~LI~:..B~N6S~ Wri~n testimony ~n lieu of extensme oral testimony ;s requested and apprecmteS.' ~ll ~stm~ny shal~he lim/ted to zomng msues properly hefore the Board $9:3~. a.n. ,Mb,~ssa Ccr:,m C:ark ~5~05. Based on the Building Depa~ment's November 26, 2002 Notice of ~Disapp~ow~l this is a re(.mest fo' a Vad~nce 'under Sedt 6n I00-242A f0~ a ~edonSZf 86r ~Sdftion ~n'd'a tsratiofl ' o an existing ,~hgl~il2 dwetliqg with a setback on a single side yard at less than 10 feet and less than 25 ~-*~eet fori~t~ k~¢~ yards, a~ 375Br$~n Street, Greenpod; Parce 1000-48-3-22. Page 2 - Agenda upd. 5/14/03 May 15, 2003 Regular Meeting Southold Town Board of Appeals I!. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony i$ requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:35 a.m. John and Kathleen Ahearn #5359. Based on the Building Department's April 29, 2003 Notice of Disapproval, applicants request Variances under Sections 100-242A and 100-244B, for a proposed porch addition which will not meet the code's required setbacks on one side yard of 10 feet and 15 feet on the other side, and which will exceed the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 1000-35-5-13. 9:40 a.m. Kenneth Cerreta #5282. Based on the Building Department's October 9, 2002 Notice of Disapproval, this is a request for Variances under Section 100-244B for a garage addition at less than 10 feet for a single side yard, less than 25 feet for total side yards, and less than 35 feet4rom the front lot line, at 1655 Bay Shore Road, Greenport; Parcel 1000-53-4~6. 9:50 a.m. Joseph A. and Moniaue Robin #5314. Based on the Building Department's February 19, 2003 amended Notice of Disapproval, this is a request for a Variance under Section 100-30A.3 to raise the roof/to..,, second-story height at [he existing single-family dwelling, at less than 35 feet from the front property lif' ' Location of Property: 380 Wicks Road New Suffolk: Parcel 1000-110-8-17. 10:00 a.m. Edward and Roberta TrieDe #5300 and #5308. Based on the BuiIding Depad. ment's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; Parcel 1000-6-3-6.1. 10:10 a.m. Anthony Palumbo #5310. Based on the Building Department's January 15, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct a new dwelling at less than 50 feet from the rear lot line, at 3550 Grathwohl Rd.. New Suffolk; Parcel 1000-110-8-3. 10:20 a.m. John Severini #5303. Based on the Building Department's January 10, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-239.4B to construct addition(s) to the dwelling at less than 75 feet from the existing bulkhead at 565 Gull Pond Lane, Greenport; Parcel 1000-35-46-28.27. Resolution to consider applicant's 5/7 request for adiournment for architect's representation, 10:30 a.m. Matthew R. Mauro #5276. Based on the Buildin§ Department's NoYember 12, 2002 Notice of DisapproYal, applicant requests a Vadance under Sections 100-242A and 100-244B for "as built" additions and ,' alterations to an existing dwelling with.a single side yard at less than. 10 feet. · Locetionof Property: 300 Bartley Road, Mattituck; Parcel 1000-144-3-29. Page 3 - Agerida upd. 5/14103 May 15, 2003 Regular Meeting Seuthold Town Board ef Appeals II. PUBLIC .HEARINGS, continued: Written testimony in lieu of extensive oral testimony is~requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. ~I0:40 a.m.S. Sachman and A, Quadrata ¢f5302. Based on the Building D,ePartrnen~,sOctober ~ 2002 Notice '~f~,,Diaa· .p~.prova ,~. ap_p~ ..... cants re'quest, a .... '~/~r'aL~'Ce .... Under, Sect OhS 1~O0-33C'~ ain,t 100~32 t~ Idca~e~ an~ accessory ~i~wjmmmg,~r~ R . . pool as. an,. ,access°ry,. , . ·structure. " ~ .. at less than .50 feet from ~he.;f~nt Io~ line,~ a~ 4705 Nassau Point ,.~ oad, Cutchogue; Parcel 1000-111-9-9. ~ ~0:50 a m. D. and V. Sonnenbom #5315. Based on the Building Dep~a~m~ot's JanQarY 9~ .2003 Notice of Disapproval applca[~ts request a Variance under Sections 100-:242A and, 100-24~,: ,to construct additions/alterations to ,an ex~sting' ' dwelling at le,ss than 20, fee,t ,on a single si.d,e yard:andd,ess [~an, 45 feet, at .690 O d Woods Path, Southold; Parce IQ00-87-1,- 20 Res0 ~tion'to cons der applicant s 517 re~ uest for ad'ournment to June t9~ (~lso needs i~ cO~nDIv with Ch, 5~. etc.' Z'~l:00 a.m. Rid~trd W, Corazzini, Jr. #5304. Based on the Buildii3g Dep-ar[m~t's January 23,.20p3 Notice of .D sapprova ,'appl cant requests a Var ance under Section f~00-244, to ocate a [~ew dwe ling at ess than 35 feet from the rear lot line and less than 25 feet for both side yard setbacks, at 2925 C. R. 48, Mattituck: Parcel 1000-141-2-13. ,:.11.10 a.m. 'Nick Bruno #5309 Based on ~heBu Idlng Department's NovembeR'19 2002,Nobce o,f Disapproval appl ~ant requests a '¢anance under SeCtion 100-242A and 1©0-239.4B to conCruct an, addltidn at less than 75 feet {rom the bulkhead and less tha~ 35 feet from the front and rear property lines, at 115 Sun Lane, Southold; Parcel 1000~76-1-2. 11:20 a,m Claire b Coeersino ¢5306. Based on the Building Department's January 2/2003 Notice of DiSapproval, applicant requests a Variance under Sec!ion 100-244 to construct a second-s~ory addition located v~i~h a front yard setback at less than 35 feet, at 580 L Hommedieu Lane, Southold; Parcel 1000:64-2-53, Boa?c¢ R~ol~tidn' t~) ~reak fot lun~h, reconVedinq 'i'2:45 p rn. ' . (Agepda cent hues on next page regarding afternoon session agenda ~tems.) Page 4- Agenda upd. 5/14/03 May 15, 2003 Regular Meeting Southold Town Board of Appeals 12:45 p,m. Resolution to reconvene. Ill. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearinqs concluded 5/1/03: Ciampa #5251 - additions and accessory pool/multiple variances; 22% lot coy. confirmed by Architect. New Suffolk Shipyard #5149 (Written submission for Eric J. Bressler, Esq. for case law extended to 5/15). Resolution to note or accept possible submission. Hearinqs concluded 4/17/03: J. Langemyr #5247 - lot waiver M. Berdinka #5295 - lot waiver. J. Weiskoff #5292 - two greenhouses. N. and C. DiBartolo #5245 - accessory B & B Spec, Exc (written extended to May 15, 2003). O. Schu]teis #5296 - rear setback. IV, PUBLIC HEARINGS, continued from II, supra: Written testimony in lieu of extensive oral testimony-% is requested and appreciated. All testimony shall be limited to Zoning issues properly before ~ Board. 1:00 p.m. Durvea Trust #5202 (hearing continued from 3/20/03) -. Applicant requests a Variance under Sections 100-242A and 100-244B. based on the Building Department's July 18. 2002 and August 20. 2002 Notices of Disapproval. Applicant proposes to demolish the existing dwelling and construct a new dwelling with front and rear setbacks at tess than 35 feet, at Mansion House Drive, Fishers Island; Parcel 6-5-t0. 1:10 p.m. AT & T Wireless #5311. This is a request for a Special Exception under Section 100-162 for a public utility wireless telecommunication 'facility with antennas at the site of Our Lady of Grace Church, Orientat Avenue, Fishers Island; Parcel 1000-9-7-11.1. 1:25 p.m. VIHOLD CORP. and J & C Holdinas. Contract Vendee #5313. Based on the Building Department's February 6, 2003 Notice of Disapproval, applicants request a Variance under Section 100-239.4A.1 to construct a new dwelling at less than 100 feet from the top of the bank or bluff of the Long Island Sound, after removal of the existing dwelling. Location of Property: 19625 Soundview Avenue. Southold; Parcel 1000-51- 1-22.2. 1' 1:40 p.m. Georqe Giannaris, John Giannads and Others/Hellenic Cabins #5019. Based on the Building Department's March 13, 2003 amended Notice of Disapproval, applicants request Variances under Section 100-244B to construct hotel units in this Limited Business (LB) Zone District, after removal of the existing cabin · ' · ' structures: The new hotel units are- proposed' to be ~cated-at less than 20 feet on a single side yard; less th~ 45 feet for both side yards (total), and less than 75 ft. rear yard, at 5145 Main Road, East Marion; Parcel 10f 35-2-14. ~ - P~g~ 5 - Agenda upd. 5/14/03 May 15, 2003 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS. continued from I1~, sul~ra: Writte~testim~y in lieu of extensive o~al,~testimony r Sha~l be 'llm~ted'~O ~zo~lng issues properly before '~h'e ,~00 P,m- Warren Melhado #5287. Based on the Building Department's December 13, 2002 amended Notice ! ~ .D.,i~aPproval, app icant'requests a Variance under Section 100-30A.4 (reft 100-33) to construct an amateur ?adio t~wer in a front yard at a height exceeding the code limitation of 18 feet as an accessory structure. · location of Property 165 Wood Lane, Southold; 1000-86-6-2.3. i .~;15 p.m .East Enders/11160 Main Road In6 ('formerly Cifarelli) #5211. Based on the Building Department's .August 16, 2002 Nobce ~f D~sapproval, amended February 26~ 2003, applicants request Variances under Sections I00-101,, 100-2,~2A. and 100-243A: (1) to add a second use on a nonconiormin9 lot, and (2) to ,construct additions and alterations to an existing building located in the B-General Business Zone District, at "'~4 4, f~et to the front lot ines'at; ts closest point The Second use is proposed on a .lot containing less than ~0,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Mare' Road; Matt tuck; Parce 1000-122-3-9. End of hearings. Public meeting continues: V. DELIBERATIONSIPOSSIBEE DECISIONS (continued): Carried from Agenda Item Itl, supra (to be determined at this time). VI. OTHER/RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting: Jur)e 5th at 6:00 p.m. (Agenda items may include public hearings adjourned from prewous new application calendars, and continued wor, k reviews of other new files for future calendars, and possible deliberations/Possib e decisions on carryover app ications ) Noted carryovers for open hearings: · 6:30 pm M. Droege; 6:~5 pm M. Pisacano; 7 pm: M. Zupa. B. New business. C. Resolution to authorize advertisement of hearings commencing June 19'". start time will be 9 am instead of 9:30 am. D. Discussion: Correspondence from Jane Schantz. E. Discussion: Correspondence from Town Trustees Removed from agenda 5/13. VII. EXECUTIVE SESSION (pending litigation matters).