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HomeMy WebLinkAboutZBA-06/19/2003APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southo[dtown.northfork.net MINUTES REGULAR MEETING THURSDAY, JUNE 19, 2003 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, June 19, 2003 commencing at 9:00 A.M. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member George Horning, Member Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary 9:00 A.M. Chairwoman Tortora called the meeting to order. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member Goehringer, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Leonard and Helen Costa #5337 Robert Reilly #5316 dohn and Martha Tuthill #5328 Debra Victoroff #5334 Lauren Zambrelli #5322 Frederick and Joan Frohne #5317 John Hurtado, Jr. #5319 Bluepoints Co., Inc. #5335 John and Patricia Clark #5336 Donna and Leonard Schlegel #5327 Virginia and Christopher Coyne #5323 David Page and Shinn Vineyard #5339 Gary and Debora Stroud #5326 Page 2 - Minutes Regular Meeting held June 19, 2003 Southold Town Zoning Board of Appeals Towbee, LLC/Sea Tow #5355 Edgewater II, LLC #5330 Tariq Mahmod Baig, And Riffat Minhas #5369-A Ernest Schneider #5343 Peter Boger #5341 Robert Samolewski #5338 Lot Waiver Requests: Helen Theoharis #5331 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTON$/DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIED WITH ALTERNATIVE RELIEF: Anthony Palumbo #5310 Nick Bruno #5309 Duryea Trust #5202 New Suffolk Shipyard #5149 APPROVED WITH CONDITIONS: Warren and Edith Melhado #5287 DENIED GRANT ALTERNATIVE RELIEF WITH CONDITIONS: Vihold Corp. and J & C Holdings #5313 Estate of Mary Schlussel #5259 Vote of the Bqard: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 9:38 a.m. KENNETH CERRETA #5282 (carryover from 5/15/). 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 53-4-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:41 a.m.S. Ham, Esq. for: E. and R. TRIPPE #5300 and #5308 (carryover from 5/15), Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100- 31A, t? construct an accessory swimming pool and garage/accessory structure in Page 3 - Minutes Regular Meeting held dune 19, 2003 Southold Town' Zoning Board of Appeals a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; 6-3-6.1. (Amended Floor Plans may be submitted by attorney 6/19). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Cha/rwoman Tortora, seconded by Member Orlando, to adjourn the hearing to August 21, 2003 at 9:30 a.m. for Building Department review of new plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:11 a.m. LEONARD AND HELEN COSTA #5337 - Request for a Variance under Section 100-244, based on the Building Department's March 6, 2003 Notice of Disapproval. Applicants propose additions and alterations to an existing dwelling with a front yard setback of less than 35 feet, at 900 Gin Lane, Southold; CTM 88-3-I 1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:15 a.m. ROBERT REILLY #5316 - A Variance is requested under Section 100- 244, based on the Building Department's January 24, 2003 Notice of Disapproval. Applicant proposes additions and alterations in a location at less than 35 feet from the front lot line. Location of Property: 470 {new #510) Locust Lane, Southold; CTM 62-3-30.1 {29 and 30 combined as one). BOARD RESOLUTION: {Pleas~ see transcript of written statements prepared under separate cover.) After receivir~g testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: .All. This Resolution was duly adopted {5-0). 10:20 ~a.m. JOHN AND MARTHA TUTHILL #5328 - Request a Variance under Sectian 100- 244B, based on the Building Department's February 5, 2003 Notice of Disapproval. Applicants are proposing to construct a deck addition at less than 35 feeg from the front property line at 1060 Navy Street, Orient; Parcel 1000-25-4- 3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:25 a.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:35~a.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was out of the room. Page 4 - Minutes Regular Meeting held June 19, 2003 Southold Town .Zoning Board of Appeals OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Member Oliva, to modify Regular Meeting in August from the 28th to the 21't. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was out of the room. PUBLIC HEARINGS, (Continued from above): The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 10:36 a.m. DEBRA VICTOROFF #5334 by J. Fitzgerald, Proper-T Permit Service. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwbman Tortora, seconded by Member Goehringer, to adjourn the hearing to August 21, 2003 at 9:40 a.m. for an amended Notice of Disapproval and plan showii~g pool. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ,~ 10:52 a.m. LAUREN ZAMBRELLI #5322. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 21, 2003 Noticelof Disapproval. Applicant proposes additions to the existing dwelling in a nonconforming footprint, resulting in setbacks at less than 10 feet on a single side and less than 25 feet total sides. Location of Property: 4910 Pequash Avenue, Cutchogue; CTM 110-3-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:00 a.m. FREDERICK and JOAN FROHNE #5317 by G. Strang, Architect. P. Moore?iEsq., for neighbor Cooper. Request for a Variance under Section 100- 239.41~, based on the Building Department's February 3, 2003 Notice of Disapproval. Applicant proposes additions and alterations to dwelling in a location at less than 75 feet from the bulkhead. Location of Property: 4700 Paradise Point Road, Southold; CTM #1000-81-3-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to August 7, 2003 at 6:45 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:35 a.m. JOHN HURTADO, JR. #5319 - C. Mesiano; Methias Mone, Esq. Request for Variances under Sections 100-30A.4, 100-33C and 100~239.4A(1), based on the Building Department's January 27, 2003 Notice of Disapproval. Applicant proposes an accessory swimming pool and deck addition to the dwelling, both at less than 100 feet from the top of the bluff along the Long Island Sound.~ The swimming pool also is proposed in a side yard location instead of a Page 5 - Minutes Regular Meeting held June 19, 2003 Southold Town :Zoning Board of Appeals code required rear yard. Location of Property: 2670 Grandview Drive, Orient; CTM 14-2-3.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:05 p.m. BLUEPOINTS CO., INC. #5335. J. Snead, Esq. Request for: (a) an Interpretation under Section 100-242A regarding the nonconforming location of an accessory garage building with like-kind rehabilitation; and (b) if necessary, 100-71C. 1 a Variance under Section 100-7 lC. 1, based on the Building Department's January 21, 2003 Notice of Disapproval, amended March 10, 2003. Applicant proposes a demolition and reconstruction of an accessory garage "as built" llt less than five feet from the rear lot line, at 1240 Love Lane, Mattituck; CTM 1000-140-1-23.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:15 p.m. JOHN AND PATRICIA CLARK #5336. Request for a Variance under Section 100-244B, based on the Building Department's January 9, 2003 Notice of Disapproval, amended January 21, 2003. Applicants propose additions and alterations to the dwelling which results in a lot coverage exceeding the code limitation of 20% for all building area, at 800 Albo Drive, Mattituck; CTM #1000- 126-3-~. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 12:30 p.m. DONNA AND LEONARD SCHLEGEL #5327. Request for a Variance under Section 100-231, based on the Building Department's January 27, 2003 Notice of Disapproval. Applicant proposes to construct a fence exceeding the code limitation of four feet when located in the front yard. Location of Property: 1480 Westphalia Road, Mattituck; CTM #1000-114-7-13.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:33 p.m. RESOLUTION (LUNCH): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0}. 1:05 p~m. RESOLUTION (RECONVENE}: Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was out of the room. Page 6 - Minutes Regular Meeting held June 19, 2003 Southold Town,Zoning Board of Appeals OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER (Continued from above): RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to set Special Meeting for 6:00 p.m. July 10, 2003: Agenda items may include public hearings adjourned from May 15, 2003 new application calendar, continued work reviews of new files for future calendars; possible findings/decisions on carryover applications. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was out of the room. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to authorize advertising of new hearings for the July 24th Regular Meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Horning was out of the room. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to grant applicants D. and V. Sonnebaum #5315 6/4/03 written request for new calendar date after 5/15 hearing was canceled by applic ,ant/agent. Hearing calendar available: 8/21. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was out of the room. REsoLUTION ADOPTED: Motion offered by Chairwoman Tortora, seconded by Membe, r Goehringer to re-schedule N. DiBartolo #5254 from August 28th to Augus~ 21~t new hearing calendar. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was out of the room. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to consider request dated 6/2/03 of W. Goggins to calendar #5382 -W. Goggins for July 24, 2003. (Includes 6/17/03 Amendment with 5/16 Amended N.D.). Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was out of the room. PUBLIC HEARINGS, (Continued from above): The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 1:06 p.m. VIRGINIA and CHRISTOPHER COYNE #5323 by P. Moore, Esq. Reques~t for Variances under Sections 100-3 lA and 100-33, based on the Building Department's February 11, 2003 Notice of Disapproval, for approval of: {a) living space in a non-habitable accessory building, with a proposed addition; {b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. Location of Property: 8310 Soundview Avenue, Southold; CTM 59-7-29.6. BOARD~RESOLUTION: (Please see transcript of written statements prepared under ~eParate cover.} After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reservi.ng decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 7 - Minutes Regular Meeting held June 19, 2003 Southold Town Zoning Board of Appeals 1:34 p.m. DAVID PAGE AND SHINN VINEYARD #5339. Request for a Variance under Section 100-31A(2-c), based on the Building Department's February 28, 2003 Notice of Disapproval, amended March 5, 2003. Applicants propose demolition of an accessory building and to construct an accessory equipment storage building at less than 20 feet from the sideline. Location of Property: 2000 Oregon Road, Mattituck; 100-4-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:43 p.m. GARY AND DEBORA STROUD #5326. Request for a Variance under Section~ 100-244B, based on the Building Department's February 28, 2003 Notice of Disapproval. Applicants propose an addition to the existing dwelling with a single side yard at less than 15 feet, at 480 Soundview Avenue West, Peconic; 74- 2-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reservir~g decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). MILLENIUM HOMES and JOSEPH JOHNS #5333 and 5332 - RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to accept applicant's letter dated 6/12/03 requesting withdrawal of his applications. Vote of the Board: Ayes: AlL This Resolution was duly adopted (5-0). 2:02 p,m. TOWBEE, LLC #5355 by G. Wickham, Esq., Brett Kehl, Architect, Brian Hansen. Request for a Variance under Section 100-142, based on the Building Department's February 19, 2002 Notice of Disapproval, amended April 10, 2003. Applicant proposes two new buildings in this LI Industrial Zone District~with: (a) single side yard setback at less than 20 feet, (b) rear yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building # 1, having a front setback at a average of 90 feet. Location of Property: 700 Hummel Avenue, Southold; 63-2-30.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to August 7th at 7:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:53 P.m. EDGEWATER II, LLC #5330 by P. Moore, Esq., Ira Haspel, Architect. Request for a Variance under Section 100-32, based on the Building Department's March 3, 2003 Notice of Disapproval, amended March 11, 2003. Applicant proposes a new dwelling with a third story, instead of the code limitation of 2-1/2 stories with 35 ft. maximum height. Location of Property: 63735 .C.R. 48, Greenport; CTM 40-1-20.2. BOARD RESOLUTION: (Please see transc~pt of written statements prepared under separate cover.) After receiving testimo.ny, motion was offered by Chairwoman Tortora, seconded by Member Homing, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This REsolution was duly adopted (5-0). Page 8 - Minutes Regular Meeting held June 19, 2003 Southold Town Zoning Board of Appeals VIRGINIA and CHRISTOPHER COYNE #5323 - RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Orlando to rescind previous resolution to close hearing reserving decision, and instead adjourn hearing to July l0th at 7:30 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:09 p.m. HELEN THEOHARIS #5331 by P. Moore, Esq., Jane Ghorrel, Nancy Swastanovicz, Cindy Mysilborski, opposition. Request for a Waiver of Merger under Section 100-26, based on the Building Department's February 18, 2003 Notice Of Disapproval. Applicant proposes to unmerge CTM #1000-22-4-10 (Stars Manor #12} from CTM #1000-22-4-11 (Stars Manor #11), vacant land. Location of Property: 1625 and 1745 Stars Road, East Marion. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Membe? Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:27 p.,rn. TARIQ MAHMOD BAIG, and RIFFAT MINHAS #5369(A & B). Mary Lou Folts, Esq., for H. Goldsmith and T. Bilowsky, opposition. Requests for: (a) VarianCes under Section 100-244, based on the Building Department's April 17, 2003, Notice of Disapproval amended April 28, 2003, for a front yard setback of less than 30 feet, and a two-family dwelling on a less having less than 80,000 sq. ft.; and,~(b) a Special Exception under Section 100-31B for a two-family dwelling. Location of Property: 6125 County Rd. 48, Mattituck; CTM 139-3-49. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 4:08 p.m. ERNEST SCHNEIDER #5343 by G. Wickham, Esq. Request for a Variance under Section 100-30A.3, based on the Building Department's March 11, 2003 Notice of Disapproval. Applicant proposes a lot with an area of less than 40,000 ~sq. ft. and lot width of less than 150 ft. in this R-40 Residential Zone District; Location of Property: 1015 and 915 Lakeside Drive, Southold; CTM 90- 4-5 and 6. BOARD RESOLUTION: (Please see transcript of written statements prepare, d under separate cover.) After receiving testimony, motion was offered by Chairwgman Tortora, seconded by Member Goehringer, to close the hearing, reservilgg decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 4:14 p.m. PETER BOGER #5341 - Request for a Variance under Section 100-33C (ref. 100-244B), based on the Building Department's February 11, 2003 Notice of Disappr.,oval. Apphcant proposes to demolish an existing accessory shed and to construct a new accessory building at less than 35 feet from the front lot line, at 717 Pri~ate Road #12, Southold; CTM 87-4-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0}. 4:15 p.m. Member Horning left. Page 9 - Minutes Regular Meeting held dune 19, 2003 Southold Town Zoning Board of Appeals 4:16 p.m. ROBERT SAMOLEWSKI #5338. Request for a Variance under Section 100-33; based on the Building Department's March 14, 2003 Notice of Disapproval. Applicant proposes an accessory garage in an area other than the code required rear yard, at 7800 Alvah's Lane, Cutchogue; CTM 101-1-19.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserviiag decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTONS/DELIBERATIONS/DECISION (Continued from above): The Board deliberated on'the following applications. The originals of each of the following applications Were decided, with the original determinations filed with the Southold Town Clerk: APPROVED WITH CONDITIONS: LAUREN ZAMBRELLI #5322 Vote of the Bo~,rd: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. There i~eing no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 4:20 P.M. Respectfully submitted, Mnda Kowalski DEC 8 2009 Southolcl Tow~ Cler[ APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (6'31'~ 765-1809 http://sontholdtown.norrhfork, net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 1,9, 2003 FRUST. Mansion House Drive, ,Fishers Island~, ParceM 00'0-6-5-1 Q. [-',The Zoning Board of-Appeals has visited the property under consideration in this determines:~[hat this-review falls under, the Type II category of the State's List of Actions, if the project is imp enhented as planned. :ACTS/DESCRIPTION: The applicant's 15,682 sq. ft..parcel is located along the west side of ouse Drive on Fishers Island, and is improved with a two.story frame dwelling and shed as shown plan updated dated 5/12/03 prepared by SuSan E. Young, Architect. apartment s J~u y 18, 2002 and,..A, ugu~st, 20, 2002 Notice of Disapl~roval, a building permit to demo sh the exstng dwe ngand YJth front and at less than 35 feet. FINDINGS OF FACT Zoning Board ofAppea, ls held a public hearing on th s apP cation on March 20, 2003 and May 15, 2003, at wdtten and oral evidence were presented. Based upon ali testimony, documentation, personal the property,~ and: other evidence, the Zoning' Board finds the following facts to be true and : RELIEF REQUESTED: Applicant wishes to construct a new dwelling with porch and deck after demOliShing and removing the ex st ng building, as shown on Exhibit 5 Site Plan dated 5/12/03 .~(I b~ sUsar~ E, y°Un~, Architect~ iThe va~ia~ce relief requested Ere as follows: (i)front yard Setback ft. instead OCthe ~ode ~:eqUiremeht of 35 feet and (2) rear yard SetbaCk at i5 feet instea(J °fthe code uirement of 35 [eet. ~ ,NS FORBOARD ACT;ION: On the basis of ' testimony presented, materials submitted and personal the Board makes the following findings: The gr. anfing ef these varances wilt not produce an undesirable change in the character of the borhood, or,be a. detrirnent to nearby Properties. The applicant has applied for a building permit to lemoiish the existihg pre-ex st ng building which is in a nonconforming location; The applicant plans to replace existing building with new dwelling construction on the property. In this plan the applicant is increasing the nonconformity fi:om !0 fo,et to 13 feet for the front setback. The applicant also proposes to reduce the westerly rear yard SetbaCk from 35 feet to approximately 15 feet. The applicant's survey shows yard Setbacks at +-40 feet, and a second side yard setback of +45 feet, which serves as the front The location of the re-construction with expansion of the building footprint will not detrimehtal Chahges tothe neighborhood. Page 2- June 19, 2003 AppL No. 5202 - Duryea Trust 6-5-10 at Fishers Island 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance. The applicant states that the existing building has structural and architectural problems with differing roof pitches, which makes it prohibitively expensive to expand the existing building by creating an addition for expansion. The applicant has maintained that renovations are not feasible or cost-effective, and that demolition of the existing structure is necessary for economical reasons. 3. The requested variances are substantial because demolition of the applicant's building is necessary, and because the applicant has proposed a sUbstantial reduction to the rear yard setback, as noted by the Town Building Department's Notice of Disapproval dated July 18, 2002, amended August 20, 2002. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district because the applicant's proposed demolition and new construction will increase the established non-conforming front yard setback, and will maintain significantly larger side yard setbacks than required by Town Code, while reducing the rear yard setback as determined by the Town Building Department. The total lot coverage upon completion of the new construction will be +-19 percent. There are no wetlands or other sensitive environments on the property, and do evidence has been submitted to suggest that the proposed construction will have an adverse impact on physical or environmental cendition~s--%. in the neighborhood. 5. The difficulty was self-created when the applicant planned to expand their living area and demolish the existing nonconforming single-family residenCe, after demolition of the existing residence. 6. The relief offered to this applicant is the minimum determined necessary for this applicant to enjoy the benefit of new construction, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. 7. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new construction, 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 Member Horning, seconded by Member Tortora, and duty carried, to DENY the relief requested, and to GRANT Alternative Relief as amended and shown on the site plan dated 5/12/03 prepared by Susan E. Young, Architect, SUBJECT TO THE FOLLOWING CONDITION: Thai the existing hedge row of arborvitae along Mansion House Drive wilt be maintained in good condition at all times to provide natural screening for the entire length of the building facing the applicant's front yard. This action does not authorize or condone any current or future use, setback or other feature of the subject property that~, ' 9 Page 3 - June19, 2003 AppL No. 5202 - Duryea Trust ' :6~5,10 atF shers Island violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this ~ction. ;~Ote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, Orlando. and Oliva. This '!~Reso]ution was duly adopted (5-0). /~/~,/~~~.¢~ 6L/Y~,~)a/A(i3T..o'CC~or~Ca, Chairwoman - AP p roved for Filing APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone C631) 765-1809 http://southoldtown.aorthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19. 2003 - Nick Bruno / Location: 115 Sun. Lane Southo d; Paine 1000-76-1-2 The Zoning Board of. Appeals has visited the property under consideration in this .review falls under the Type II category of the State's List of Actions, /erse effect On'the environment if the project is implemented as planned. ION: The applicant's 4,520 sq. ft. parcel has 45 ft. frontage along the north ) feet along the west side of Bayberry Road in Southold. The property is waterfront and improved with a one-story frame house 24.7 feet from the southerly front property line facing Sun Lane 11.7 feet from the eastedy front property line facing Bayberry Road, as shown on the June 6, 2003 survey ,' Surveyors, P.C. Building Department's November 19, 2002 Notice of Disapproval, citing Sections , in ts denial of a building permit to construct an addition to the dwelling at less than and ess than 35 feet from both the front and rear property lines. FINDINGS OF FACT ~ ng Board of Appeals held a public hearing on this application on May 1.5, 2003, at which time written o?al evidence were presented. Based upon all testimony, documentation, personal inspection of the and other evidence, the Zoning Board finds the following facts to be true and relevant: 3E RELIEF REQUESTFD: Applicant's original plan proposed a rear deck addition 12 ft. wide 26'9" long with a setback of 25.7 from the bulkhead at its closest POint (northwest corner along the high 'k on face of bulkhead; see 9-19-2001 survey prepared by Thomas Licurse, P.L~S. with builder's and at +-1128 feet at its closest point to the easterly front line facing a 15 ff. wide private right,of- INFORMATION: The agent-contractor for the applicant agreed at the May 15, 2003 public reduce the size of Ithe deck,.increasing the setback from the bulkhead and rear property line. On I, a revised survey prepared June 6, 2003 by Peconic Surveyors, P.C. shows a proposed rear 10 feet by 26 feet long, at 5 ft. from the west side line and 25 feet on a tie line measured to the bulkhead, point (this point i~ measured over the adjacent Lot 2 on an angle). FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal ~Specti0ns, the Board makes the follow ng f nd ngs: Grant of alternat ve relief Will not produce an undesirab e change in the character of the neighborhood or a i~.~etriment to nearby prOPerties. ;The ap¢liC~nt Wants to bud a deck add t on to a nonconformino s no e-famii ~l~dwelling on a Small ~ 229 sq. ff ot Thea cantori, inall ' ~ " Y ~t~L------ ~'" L , .... PP g yplanneda12ff, wlde by 26.9 ft. long deck at the l!!~u~r or[ne house, wire a setback ot +-11.~ feet from the front easterly ot ne and a setback from the wester y Page 2 -June 19, 2003 AppL No. 5309 - Nick Bruno 76~1-2 at Southold lot line at +,5 feet. The setback from the southwest corner of ;[he dwelling is presently nonconforming at 4.8 feet to the westerly lot line, and nonconforming at 11.7 feet tothe easterly lot line. The applicant agreed to reduce the size of the deck to 10 ft. by 26 ft. The June 6, 2003 survey confirmed the setbacks for the smaller deck at 25 feet, measured along an angle over the adjacent westerly tot from the corner of the deck to the adjacent bulkhead, and at +-27.7 feet to the applicant's bulkhead, at its closest point. 2. The benefit sought by the applicant Cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because of the 6,299 sq. ft. nonconforming size and two front yards of the existing residence. 3. The relief requested is not substantial in relation to the 4,520 sq. ft. size of the property and +-624 sq. ft. size of the dwelling. 4. The difficulty was self-created when the applicant decided to add a deck. 5. No evidence has been submitted to suggest that the proposed deck will have an adverse impact on physical or environmental conditions in the neighborhood. ~-~ 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant enjoy the benefit of a deck 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 Member Oliva, seconded by Member Goehdnger, and duly carried, to DENY the variance requested for a 12 ft. x 26'9" deck, and to GRANT ALTERNATIVE RELIEF as shown on the June 6, 2003 survey prepared by Peconic Surveyors, P.C. for a 10 ft. x 26 ft. deck (shown at 25 feet on an angle from the adjacent landowner's bulkhead at its closest point) and approximately 27.7 feet from the applicant's bulkhead). 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, Homing, Orlando, and Oliva. This Resolution was duly adopted (5-0). Note: The above decision does not include lot coverage. Lot coverage was not addressed or referenced in the Building Inspector's November 19, 2002 Notice of Lydia A. ToC0ra, Chairwoman - Approved for Filing 6/J¢ /03 APPEALS-BOARD MEM2BERS Lydia A. Tortora- Chairwoman Gera~d P. Goehringer George I:lorrfing Ruth D. Oliva Vi~ce~r Orlando FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19. 2003 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1t79 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63t) 765-1809 http://southoldtown.northfork.net ~-'Warren Melh~do ..1,65 Wood Lane. Southold; -. 1000-86-6-2.3; Board of Appea s has v sited the property under con$ideratiep,, ,, ,,~ir~this renew falls under the Type II ~tego~ of the State's ~t of'Ad~ons, an adveme e~t-p~ t~ env ronment appli~nt's 71.039 sR. ff. pa~qeJ h~F ~0 ,{t,~ontage ~l~g~th~ ' t along the westerly sidep[~'p¢~a~ r~-~ay, Th~rope~ , dwe, g w th a ched prope~ fine facing indian N~ ~d~ an~ +~3 '-~ .,¢'AStS~OF .APPLICATION: .Building .Department's November 27, 2002; Npt[c¢ of ,DLsapproval .amended l!~ecembe~r ~3;2002 qt ng ~ection 100;-30A 4 (ref 100-33) ~n ts den al e,f a bund ng~p,ermit to constm, ct an !: ~mateur tad o tower n a front yard ocat on, for the reason that the code. requwes a rear yard location. ~FINDINGS OF FACT he Zoning Board of Appeals held a public hearing on this application on May 15~ 200~. at whioti time written ~nd oral evidence were presented. Based upon all testimony, documentation, personal inspection of the ~roperty and other ev dence, the Zen ng Board finds the fo ow ng facts to be t, rue and relevant: · .. ['R~ VARiA~CE'RELIE~ REQUESTED: Applicant wishes to erect an :a~,'ateur radio tower composed of tblescoping Sections in the southerly yard area at 50 feet from indian Neck Road and +-70,feet~from the the 30 ft. ~ 4 easement shown on the June 26~ 1;995.VanTuy[survey: ,~h~,amateur frill be corn ,ctiy to the station equipment in the a~,pli~ant's,h~)me; ,The~):ow~r will be poured concrete base :measuring' 3 ft. by 3 ft. and six feet d~,ep.', The C°ncmte~will e~xtend above ~d level by arpPrbximately fi~e inches. 'A welded rebar cage wil[~e ehclosed in 'the boncrete for retracted he ght s 21 feet, and the fu y extended,he ght, s 54 feet A,n .antenna rotator will Within 'the tbp secffon of the tower, and a two-inch diameter a~l~6~ mast c0nne~ted!io the rotator extend approximately six feet from the top of the tower. The Boa,rd ~¢e$ that the Bdildin.~ Inspector's ~proval ,did not address the question of whether or notl th~e,.proposed ,~Size. ~s customary and access~)ry Structure. FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal Ig-findings: of the variance will not produce an undesirable change in the character of the neighborhood or a to nearby properties. The applicant wishes to erect an amateur radio tower in his front yard on this ft. parcel. The property has two front yards, one along a private right-of-way. The proposed tower Page 2 -dunCe 19, 2003 .-~/-~ ...... . ~ ~ . will be Ioca~ 50 f~t from Indian Neck Lane and 70 feet from the right.f-way. The height of the tower is ~ feet, in its fully ereCed state, and a 6' antenna, for a total of 60 feet. This structure is licensed by the Federal Communi~tions Commission to Chapter 47 ¢ the Code of Federal Regulations. Pa~ 97, to operate amateur radio sta~ons. According to A~icle XXI . Section 100-230D, radio towers are exempt from the height regulations as long as the tower is not located near any overhead electric transmission line ~ing more than 220 volts than a distance equal to the aedal's height above the roof or any o~er permanent structure to which it is attached, 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 applicant is an active amateur radio operator and belongs to the American Radio Relay League, offedng a very valuable organization in time of emergency. Due to the constraints of his property, the only area he can build his radio tower is in the front yard. 3, The relief requested is not substantial. The coverage of the lot after construction would be +~3 percent, 4, The difficulty was self-created when the applicant derided to build a tower structure. 5. There has been no evidence that the grant of this variance will have an adverse impact on pnystca environmental conditions in the neighborhood. There is no visual impact. The property is heavily wooded with 60+- ft. high mature trees that shield the location of the tower from view. 6. Grant of the requested vadance is the minimum action necessary and adequate to enable the applicant to enjoy his hobby as an amateur radio operator, 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 Member Oliva, seconded by Chairwoman Tortora, and duly carded, to GRANT the Variance as applied for, as shown on the specifications of Model #LM-354-E by Tashjian Towers Corporation, and shown on the applicant's sketched-in location of the tower on the June 26, 1995 survey prepared by Roderick VanTuyi, P,C., and SUBJECT TO THE FOLLOWING CONDITION: That the existin~l screeninq of trees which shields the tower from view be maintained at the same heiqht of the tower. 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), Goeh~br. jQ?r. I-J~ming, Orlando, and Oliva. Resolution was duly adopted (5-0). .,~_/~~~ Lydia A~rtora, ChairwoFn~n -Approved for Filing 8/27/03 -- Th'r~, APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva V'mcent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19. 2003 ~ -p NO 5149 ~ Nsw. Suffo k Sh pyard o: . .. , , : ~ perry Locabon: 5775 New Suffolk Road~ New Suffolk; 1000-1T7-5-29.1.. Southold Town Hall 53095 Main Road P.O. Box 1179 Sonthold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone. (631) 765-1809 http://southoldtown.northfork.net RECEiVt~D visit~d~ t~ property under ~nsideration in, this falls under the Type 1t cat(~ory of the State, s List of Actions, the project is implemer~ted as-.planned. parcel is 2.287 acres ~n size with 264.07 feet along the The property is managed, as a boat yard and marina in a ~nt's March 27, 2002 Notic&of, iDisapproval,~ citing, Section l'00- ~pefi stcraCe Cacks ~ithin the area zoned M-II. zopOSed, at a.height over. the code'si ¢. ff..limitation and in an area other than a rear yard. FINDINGS OF FACT ~e Zoning Board of Appeals held a public hearing on this application on March 20, 2003 and May 1, 2003 th ~vritten ektended to May., 15, 2003, at which time written and oral evidence were presented. ,Based upon .test mony, documenfati6t~ ~p~rsona hspect on of the propertY, and other; evidence the Zoning Board finds e ~ollowing facts to be true and relevant: Appl!cant s ong~nal request ~s shown O~r the Pecon~¢ Surveyors, . revised January 9, 2002, for two.0Pen.s~orage'fack$, note~ as follows: ' wfde x 76' ' ~igh ~/ith a location five (5) feet.fi'om thee closest ndi-therly property line, i metal/frame buildihg to the west and the shed tb ~the~i§~; and (2) rack 'B'"of a si~e 14' and will be located inside an open notch 'immediately , as shown on the plan?,prepar&d by Peconic Su~eyors, P.C. revised January 9, 2002. Rack A will have two storacje t~ers, and (ack B will an alternative, the applicants submitted a revised plan dated April 30, 2003, plan shows an increased setback for storage rack "A~ from 5 feet northerly property line; and includes a plan for a landscape buffer of screening between y property line, as described below. The applicants also confirmed thai they wish to 'r~itfa. t request for a height variance with respect to storage rack "A:' .., S tFOF~ BOARD ACTION: On the basis Of testimony presented, materials submitted and personal the Board makes the following findings: ~)age 2.-June 19, 2003 Appl. Ne. 5149 -New Suffolk Shipyard 117-5-29.1 at New Suffolk 1. A) Grant of alternative relief with respect to rack 'W' will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Proposed storage rack "A" will not eXCeed the code's height limitation of 18 feet and will be ten (10) feet from the closest northerly property line. A landscape buffer will be provided and maintained in the northerly yard adjacent to the northerly house near rack "A". The buffer will consist of 12-14 ft. Eastern Cedar Trees and 6' high slated privacy chain-link fence. B) Grant of alternative relief with respect to rack "B' will not produce an undesirable change in the character of the neigt~borhood or a detriment to nearby properties. The maximum height of rack "B" will be 26 feet, and will be shielded in the requested location, within an open notch immediately adjacent and dose to the existing 86.2' metal storage building. 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 waterway and wetlands exist along the shorelines, and the applicant testified that the environmental agencies governing these sensitive environmental areas prefer a location that will not impact the waterways. Storage racks are common to all boat yards/shipyards and marinas in the Town of Southold. The only alternative to store the boats is on this type of open rack. 3. The relief granted is substantial relative to open storage rack "A" because it is a 50% reduction in the 20 ~ minimum setback requirement of the code. The relief granted is substantial relative to storage rack "B" because it is an 8 ft. increase in the 18 ft. maximum height limitation of the code pertaining to accessory structures. 4. The difficulty was self-created when applicant planned to locate the open storage racks. 5. Claims of excessive noise, air pollution, excessive traffic and have been submitted relative to the storage of boats on the proposed open racks. The Board finds no substantial evidence to suggest that the proposed two accessory storage racks will have an adverse impact on physical or environmental conditions in the neighborhood. The storage racks will be placed away from traffic areas and traffic circulation and will be placed where large boats have been stored. 6. Grant of alternative relief is the minimum action necessary and adequate to enable applicants to enjoy tf~ benefit of locating accessory storage racks, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, on motion by Member OrlandO, seconded by Member Oliva, it was RESOLVED, to DENY the variances as applied, and to GRANT ALTERNATIVE RE£1EF as follows: 1. Rack 'A' is limited to 18 feet in height to meet the code requirement and shall be a minimum~.~, distance of ten (10) feet from the northerly property line, as shown on the revised plan prepare ~ April 30, 2003, by Peconic SUrveyors, P.C. :: ~ j 2. Rack 'B' is limited to 26 feet height and shall be positioned in the area as requested and shown on the revised plan prepared April 30, 2003, by Peconic Surveyors, P.C. ¢ ~ag¢ 3 -June 19; 2003 ApPl, No 5149 - NeW Suffolk Sh pyard ; ~ !117-5-29A at New Suffolk A screened, landscape buffer shall be planted and maintained between the northerly property line and proposed rack fA', and a slatted privacy, chain-link fence ~n good condition north of the landscape buffer. ,~ote of the Board: Ayes: Members Tot[ora (Chairwom, an), Homing, Oliva, and Orlando. ~ ~oehringer. This ResolUtion was duly adopted Lydia~Tortora,. C~airwoman 8~27~03 Approved for Fil~ng Nay: Member APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard E Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) '~65-9064 Telephone (631) 765-1809 http://soUtttoldtown.nor thfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19, 2003 Appl, No. 5322 - LAUREN ZAMBRELLI Property Location: 4910 Pequash Avehue, Cutchogue; CTM 1000-110-3-27. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this applic~at on 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 mpiemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 8,750 sq, ft. parcel has 50 ft. frontage along the west side of Pequash Avenue, Cutchogue, and is improved with a one-story dwelling and,detached garage in the rear yard. BASIS OF APPLICATION: Building Department's February 21, 2003 Notice of Disapproval, citing Section~ 100.24ZA and 100-244, in its denial of a building permit to construct,additions to the existing dwelling, in a nonconforming footprint, resulting ih setbacks at less than 10 feet on a single side and less than 25 feet total sides. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time wdttan ano oral evidence were presented. Based upon all testimony, documentation, personal !,nspection 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 two-story ad. dit!on over the existing dwelling footprint as shown on the site drawing revised 4/20/03 prepared .b~, Richard Alexander Daley, Architect. The relief reqt~ested is as follows: (a) zero setback from the roof overhang extending beyond the foundation, presently 1'6" from the northerly side lot line, (b) 11'6" from the foundation to the southerly side property line. 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 reqt~ested will not produce an undesirable change in the character of the neighborhood or a detr ment to nearby properties. The addition ~s over the existing footprint and Che a~pplicants will limit the size of the roof overhang to eight (8") roches, and w nsta ~rywe (s) to catch rainwater from the roof and nearby areas. Page 2 - June 19, 2003 ApPl. No. 5322 -L. Zambrelli Parcel 110-3-27 at Cutchogue 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 addition will not require excavation or changes to the property, and will be built over the existing dwelling footprint. 3. The relief granted is not substantial. The new construction will not extend beyond the existing nonconforming side yards which have existed for over 4-0 years: 4. The difficulty was self-created when the dwelling was built many years ago dose to the property lines. 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 variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of second-story additions, 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 Member Oliva, seconded by Member Orlando, and duly carried, to GRANT the Variance as applied for and shown on the plan prepared 4120103 by Richard Alexander Daley, Architect, SUBJECT TO THE FOLLOWING CONDITIONS: 1) that the maximum overhang on the north side will be e!ght (8'~) inches; 2) that dry wells will be installed properly to retain water from the rOof and gutters. This action does not authorize or condone any current or future use, setback er 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, OrlandO, and Oliva. (Member Homing was absent during this Resolution;) This PC~y adopted (4-0). .~.~¢~¢,~----/k/ . .-x~~,,) Lydia A. To~o¢Chai~oman - APproVed foe Filing 6/~¢/03 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing-/~ qU£P.m. Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road BOARD OF APPEALS TOWN OF SOUTHOLD P.O. Box 1179 Southokt. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 htrp:~/southoldtown.nor thfork.net 6/6; 6/13; 6/16; 6/16; 6/18 AGENDA JUNE 19. 2003 REGULAR MEE'RNG 9:00 a.m. Call to order by C, hairwoman, 1. 3TATE'ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions:(No further steps) Setback/Dimen~bnal Requests: Leonard and Helen Costa #533? Robert Reilly #5316 John and Marth~ Tuth[ll ¢k5328 Debra Victoroff #'5334 Lauren Zambre[IP/~JS22 Frederick and Joan Frohne #5317 John Hurtado J~', ¢t,5319 Bluepoints Co.. [nc. #5336 John and Patdcia Clark #5336 Donne and Leonard~Schleget#5327 Virginia and Christopher Coyne #5323 David Page and Shinn:Vineyard #5339 Gary and Debora S~oad #5326 · M!!!en~.'Jm H~mes an.'~ 2sssph Johns #5332 Towhee. LLC/Sea T'ow~5355 Edgewater II LEC #,5330 Tariq Mahmod Baig, And Riffat Minhas #5369-A Ernest Schneider #5343 Peter Beget f.¢-5341 Robert Samole~/ski ¢k5338 7 Lof Waiver Requests: \ .M!i!sn.~u ,,n Hc,,,n. cs ssd Joseph Jchns #5333 Helen Theohafis #5331 Unlisted. Action: j Tadq Mahmod Ba g, and Riffat Minhas #5369-B (Special Exception) II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearings (oral concluded 5/15103): ApPl. No. 5287 - Warren and Edith Ap~. No:'5313-~hold Corp. and J Page 2 -Agenda upd. 6/18/03 Regular Meeting Of June 19, 2003 Southold Town Board of Appeals II. POSSIBLE DELIBERATIONS/POSSIBLE DEC SIONS on the fo ow ng appt cot ons Hearings (oral concluded 5/1/03): ,. - Appi. NO. 5149 - New Suffo k Sh pyard Appl. No. 5259 - Estate of Murray SchLuss~l (pendi.ng reply from Olsen & Olsen to Abigail Wickham, Esq.'s submission of 6/5103),-~/ IlL 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. 2002 Notice~7-D~appmval, 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 53-4-6. ~ cz~-~¢J--~ o 9'~ a.m..~and~ ~.. 'i~RI'I~E #5300 and #5308 (carryover from 5/15). Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections I00-33, Section 100-31A, [o construct an accessory swimming pool and garage/accessory structure in a front area. The accessory building was disapproved also as a second dwelling construction, by design. Locatio~ P~rop~erty: Cer~tral Avenue, Fishers island; 6-3-6.1. (Amended Floor Plans may be submitted by attorney 6/19). _ ~ a.m. ~J~ND HELEN COSTA #5337 - Request for a Variance under Section 100-244, based on the Building~ent's March 6, 2003 Notice of Disapproval. Applicants propose additions and alterations tc~ an existing dwelling with a front yard setback of less than 3~ feet, at 900 Gin Lane, Southold; CTM 68-3-11. ~ a,m. ~ ~EILLY #5316 - A Variance is requested under Section 100-244, based on the Department~ry 24, 2003 No,rice of Disapproval. App cant proposes addtons and ateratons n a Building location at less than 35 feet from the front lot line. Location of Property: 470 (new #-510) Locust Lane, Southold; CTM 62-3-30.1 (29 and 30 combined as one}. ~ 1~.,7,O-4-.~¢~ a.m. JOHN AND~ ~,~..ITHILL #5328 - Request a Variance under Section 100- 244B. based on the Building Department~s-Feb-Yuary 5. 2003 Notice of Disapproval. Appliconts are proposing to construct a deck addition at tess than 35 feet from the front property line at 1060 Navy Street, Orient; Parcel 1000-25-4-3. 1(?~!8, a.m. DEBRA V1CTOROFF #5334["'-RequPes~o( a variance under Section 100-244, based on the Building Department February 11, 20'03 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). Resolution to consider 6/16 letter, from Thomas Rozakis~ adiacentp,~..:L~.land°wner'~...,,~-,-,,~.--requesting~,,F/~'the hearinq~ ~z.,-,,x.~,,,~4.~ ~remain open.vd, and~. ,~:z~adi°urned'~ ~,~ for~,.~cou~sel./~,4 ~' "~"'/' ~ ~/~1__~;,~ ~/~ a.m. LAUREN ZAMBRELLI #5322. Request for a Vadance under Sections 100-242A and 100-244, based on the Building Department's February 21, 2003 Notice of Disapproval. Applicont proposes additions to the existing dwelling in a nonconforming footprint, resulting in setbacks at less than 10 feet on a single side and less than 25 feet total sides. Location of Property: 4910 Pequash Avenue Cutchogue CTM 11 Page 3 - Agenda Upa. 6/18/03 Regular,Meeting of June 19, 2003 Southotd Town Board of Appeals III. 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. '~ a.m. FREDERICK and JOAN FROHNE #5317. Request for a Vadance bnder Section 100-239.4B, based on the Building Department's February 3, 2003 Notice of Disapproval. Applicant proposes additions and alt, erations~ to dwelling in a location at less than 75 feet from the bulkhead. ' Location of Prope_r~': 4700 P~-ad se P~ nt I~oad, Sou,thold; CTM #1000-81 _3-4 ~ .¢-~¢..~d ;z~.' ' ~..z.~. "7- f¢ ~ Z/C-F ¢9~ a,m, .,JOHN HURTADO, JR. #5319 - Reqyest f0r Variances under Sections 100-30A.4; 100-33C and :1.00-2,39.4A('!), based on the Building Department's January 27, 2003 Notice off DisapProval.~ Applicant proposes an a~c. cessory swimming pool and deck addition to the dwelling, both at'tess than 100 ~feet from the top of thg,blyff along the. Long !sl~nd Sound. The swimming pool also is proposed ia a.side, yar~ location ins.t'e, ad ,of.~'code. requ red rear ya. rd Locatior~ of Property~ 267.0 ¢mqdview Drb~,e Orient; CTM 1 ~.~ a,~,, BLUEPOINTS CO., INC. #533~t ]~eques~fok (a)an interpretation und, e, SeCtion, 100,242A regarding !he nonconforming location cf'an accassbry ,garage building with;like-kind rebabilitati0n~-and (b) if necessary,, 1,00:71C. I a Variance under section 100-~1C.1. based on the Building Departmerff'b:January 21, 2003 N,otice, o,f Disapp,,r_o_vat, amended March 10, 200& AppliCant proposes a demolition and Yec~rlstCucti~n of an ,aCCessory garage as .built" at less than five feet from the rear lot line a( 1240 Love Lane, Mattituck; CTM ~ ,:,~, ,.a.fnc, JQHN AI',ID PATRIOIA. CLARK #53,a6. Re,quest#fqr, a Va~iange:uclderS~. cti,o,n t00¢,4~, B, based on '~he Buildidg,...Delpartmen't's, January,: 9s~,~: 03 Notice of,-D sap~J'Oval,; arnehded. Jar}ua'.~ p/,,¢ 21 ,'2O0~J, ' :APDllcants:.. · p[opose a,dd~t~ans and alterations to th~ dwe[hng which resultsm a Iot,c~verage e.~ce~dlng,the c¢d9 i~m~iation pf 20% f, or'~'ll bui ding.are& akS.00 Albo Driye, Mattituc[g, oq'M #i-000-.1'26~3-9, !i~% ~'~ ~ a~m~ DONNA AND LE©N~RD SCHLEGEL #bW2?. Req~es~ for a Vadanca unde[~Sec~on ~a~ed oral,he Bul~ingDepartments J~nuary-~ 2003~Noti0e of D~sapprO~a. ~P~lical~Q~rci~$e~to:0onstru~ ~' f~nce ~e~oe~d~nglth~,~ode limit~fibn ~0f four~fee~ ~h~-~ ~oca~ed ~'n the f~6nl yard.~ Ebcat 0~ ~f Prdpe~: 1480 ~',,ONestpha, :, a~. Road, . Mattit{~ck~, ,CTM#100O-114:'7L13, ., 1. : ~' ~ ~e.~5_~. .... ¢¢,¢ Ag enda c~ori.fi nue~ (see ,a~'ler r too n sessio f~ i:mge). Resolutionlto adjourn to 1, Page 4 -Agenda upd. 6/18/03 Regular Meeting of June 1'9, 2003 Southold Town Board of Appeals :0~-?'~' Resolution to reconvene. (Agenda items from earlier session, if any) III. 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. l.;]~'p.m. VIRGINIA and CHRISTOPHER COYNE #5323 //Request for Var ances under Sections 100-31A and 100-33, based on the Building Department's February 11, 2003 Notice of Disapproval, for approval of: (a) living space in a non-habitable accessory building, with a proposed addition; [b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yaEd. ,Locatio.n of Property,: 831.0 Soundview Avenue, Southold CTM 59-7-29.6. )~rc,,rJ-,-~ .d~.m. DAVID PAGE AND SHINN VINEYARD #5339. Req[/est for a Variance under Section t00-31A(2-c), based on the Building Department's February 28, 2003 Notice of Disapproval, amended March 5, 2003. ,~j..Applicants propose demolition of an accessory building and to construct an accessory equipment storage building at less than.20 feet from the side line. Location of Property: 2000 Oregon Road, Mattituck; 100--4-3.~..--~ [t ul'-~...~.m. GARY AND DEBORA STROUD #5326. Request for a Variance under Section 100-244B, based[,, the Building Department's February 28, 2003 Notice of Disapproval. Applicants propose an addition to the existine dwelling with a single sid.e, yard at less than 15 feet, at 480 Soundview Avenue West, Pecooic; 74-2-7. Resolution to consider applicant's 6/12~03 letter ~vith~lra~ing #5332 and'/5333. 1:39 p.m. M!LLEN!UM HOMES .~!D JOSEPH JOHNS. , ~,~ c~ D .... ~,,- ~Tn -,~ ~non e ..... *~, ~*~* Grcc,-,port. ~32 Rc~ucct for c Vcr!cncc under ~cct~c~c 100 2d~ end !00_~°..-, k.~_~ .... "" thc ~u~d~n~ _~ ................... ~ _., 1~. TOWBEE, LLO ~5355JRequest for a Varan~ un'er 8action 100-1~2, based on the Building Depadment's Februa~ 19, 2002 Noti~ of Disapproval, amended April' 10, 2003. Appli~nt proposes ~o new buildings in this LI Industrial Zone Distri~ with: (a) single side yard setback at less than 20 feet, (b) r~r yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building ~1, having a front setback at a average of 90 feet. Location of Prope~: 700 Hummel Avenue, Southold; 63-2-30.~ Page 5 -Agenda upd. 6/18/03 Regular Meeting of June 19, 2003 iSouthald Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properlybefore the Board, ~.m. _~,~//3, .2,~¢~. 10 2 EDGEWATER 11~ LLC #5330~r'Request'~'~riance under Section 0 -3 , based on the Building Depa~ment's March 3, 2003 NoQce of Disapproval, amended Mamh 11, 2003. Applicant propo~s a new dwelling with a third sto~, instead of the ~de Ilmi~tion o~ ~-1/2 Stories with 35 ~ ma~mum ~eight Lo~ion of~rop~: 63735 C.R. 48, GreenpO~; CTM40-1-20,2.'~7~r'~~ ~p.m~ HEL~ THEOHARIS ~33~/~u~a Waiver of Merger unde, Section 100;~, base~ on ~e 'BuiM ng:Depa~ment'~ Februa~ 18, 2003 Noti~ of Disapproval. Appli~t proposes to unmerge CTM ~00~ 22~-10 ~Stam Man&r ~12) from ), va~n~l~nd.. Lo.non of Pmpe~: 1625 an ,. an~ RIFFAT MINHAS ff5369(A & B). Requ~s~ for~, (a)'Variances under April 1~, 2003, No~ of D~sapproval ~mehdod Apdi 28, ~ less having less ~han 80,090 based on d and to ¢ 7 ! ~.;P[ Road .-'~1'2{,i,So~. ~holc ,..¢".-"~ ~;/~,~,..ROBERT,,SAM~KI #5338. Request for a Variance~ under Section 100-33, based on the B~t[~Sact':~'ehl['&~;t~. rch '~f~' 2bb3 Not ce of D sapprova~ Applica,ht proposes an accesso~ garage n an are~ o;!hurl[i;an':i3e ~;0~]a :e~Jired r~ar y~rd, a~t 7890 Alvah's Lane, cutChogue CTM 101-1-19.3. ,, _ ,, -. "'t'.. .,". · , ,.. I~: .~ EE~ RESD/~-U'T~S/,IJP DA-FED REVIEWS/OTHER: ~,,~.~/~ ~ ,.Spepi~a~'C4eC4ir~g 6;¢;0 pc;n. July 10, 2003: Agenda items may include public hearings adjourned from May 15, 2003 ~_-I~.~W',._.~p~]ca~1(~r~ ~ai~n~.~ -co~tir~a~l'wbrl( ~e~ie~vs of new files for future calendars; possible findings/decisions on carryover B. New business./~ ~ ~0_.~ -( C. Resolution to authorize advertising of new hearings for the July 24t" Regular Meeting. 7,.,-D Resolution to consider Appl. #5315 - D. and V. Sonnebaum's 6/4/03 written request for new calender date after 5115 hearing was cancofed by applicant/agent. Hearing calendar available: (8/21). Page 6 - Agenda upd. 6/18/03 Regular Meeting of June 19, 2003 Southold Town Board of Appeals V. POSSIBLE EXECUTION SESSION (pending litigation). Resolution to modify Regular Meeting in August from the 28~" to the 21~. Resolution to re-scheudle N. DiBartolo from August 28TM to August 21 ~ new hearing calendar Resolution to consider request dated 6/2/03 of W. Goggins to calendar ¢k5382 - W. Goggins for July 24, 2003. (Includes 6/17/03 Amendment with 5/16 Amended N.D.). o,~ o,,,.-.f, zt.-D