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HomeMy WebLinkAboutZBA-07/24/2003~kPPEA'LS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard R Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.north fork.net MINUTES REGULAR MEETING THURSDAY, JULY 24, 2003 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, July 24, 2003, commencing at 9:30 a.m. Present were: Vincent Orlando, Chairman Pro Tern George Homing, Member Ruth D. Oliva, Member Linda Kowalski, ZBA Secretary Absent were: Lydia A. Tortora, Chairwoman (due to illness) Gerard P. Goehringer, Member (out of the area). 9:33 a.m. Chairman Orlando 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): The Board confirmed and declared the following Type II Actions: Richard and Cheryl Corazzini #5348. Noel Rapisarda #5354. Robert and Patricia Hovey #5318 William and Jane Reed #5356.. Thomas and Arlene Carney #5353. James and Maria McKee #5350. Joseph and Donna St. Pierre #5351. Derrick Cephas #5346. Crystal L. Rock #5352. Joseph Gulmi, Susan Braver Gulmi #5340. Nancy Stein #5260. Jay Kennedy #5358. J. and B. Severini #5303. Zoumas Contracting #5345. Lefkios Antoniou #5344. William Gogoins #5382. Harold Reese Jr. and Schembri Homes #5349. Charlotte Deliteris #5371. Page 2 -'Minutes Meeting held July 24, 2003 Southold Town Board of Appeals Agenda Item II. No deliberations or decisions were held at this time and decisions carried from the previous hearing calendars will be carried to the next meeting, August 7th, for possible decisions. Agenda Item III. PUBLIC HEARINGS: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings prepared separately.) 9:30 a.m. Richard and Cheryl CoraT_zini #5348. Request for a Variance under Section 100-30A.3 (100-244), based on the Building Department's April 4, 2003 Notice of Disapproval. Applicants propose an addition to the existing dwelling with side yards at less than 35 feet combined, at 8500 Nassau Point Road, Cutchogue; Parcel 118-5-4.1. Mrs. Corazzini appeared in behalf of her application, and offered an architectural plan showing the addition, which was not submitted previously. Adjacent landowners, Mr. and Mrs. Sturdy asked to view the new submission. Motion was offered by Member Oliva, seconded by Member Orlando, and duly carried, to postpone the hearing for approximately ten (10) minutes to provide time for the applicant and the adjacent landowners to go over the plan together and return to the Board with their concerns. Vote of the Board: Ayes: Members Orlando (Chairman), Horning, and Oliva.) This Resolution was duly adopted (3-0). (Please also see 9:55 a.m. reconvening of this hearing.) 9:40 a.m. Noel Rapisarda #5354. Request for a Variance under Section 100-244, based on the Building Department's April 17, 2003 Notice of Disapproval. Applicant proposes an addition to the existing dwelling with total side yards at less than 25 feet and front yard at less than 35 feet, at 1095 Shore Drive, Greenport; 47-2-23. Mr. and Mrs. William Rapisarda both spoke in behalf of their application. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Orlando, seconded by Member Horning, and duly carried, to close the hearing, reserving decision until later. Ayes: All. This Resolution was duly adopted (3-0). 9:50 a.m. Robert and Patricia Hovey #5318. Request for a Variance under Sections 100-244, 100-30A.4, 100-33, based on the Building Department's January 22, 2003 Notice of Disapproval. Applicants propose additions and alterations to existing dwelling at less than 35 feet from the front lot line, and accessory carport and "as built" shed in a yard other than the Code required rear yard, at 125 Hilltop Path, Southold; Parcel 54-1-20. Jennifer B. Gould, Esq. appeared with the contractor, Peter Stoutenburgh of Environment East, Inc. Mrs. Gould confirmed that the shed has been removed since the date the Notice of Disapproval was written by the Building Department and therefore a variance is not needed for the shed. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Orlando, seconded by Member Horning, and duly carried, to close the hearing, reserving decision until later. Ayes: All. This Resolution was duly adopted (3-0). 9:55 a.m. Richard and Cheryl Corezzini #5348. The Hearing reconvened, and Mrs. Corazzini requested an add four or five weeks for an adjournment in order to obtain the final construction details. Motion was offered by Member Orlando, seconded by Member Horning, and duly carried, to adjourn the hearing as requested to September 11, 2003 at 7:00 p.m. This Resolution was duly adopted (3-0). 10:00 a.m. William and Jane Reed #5356. Request for a Variance under Section 100-244, based on the Building Department's April 14, 2003 Notice of Disapproval. Applicants propose an addition to the existing dwelling at less than 40 feet from the rear lot line, at 215 Kraus Road, Mattituck; Parcel 122-5-7. Mr. Reed appeared and spoke in behalf of his application. The application was noted as being very minor in nature. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Oliva, seconded by Chairman Orlando, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). DELIBERATIONS/DECISION: William and Jane Reed #5356. The Board deliberated and took action approvin,q the variance, as applied for. (Please see written Findings, Deliberations and Decision attached, the original on file with the Town Clerk's Office.) P~ge 3 -'Minutes Meeting held July 24, 2003 Southold Town Board of Appeals III. PUBLIC HEARINGS~ continued: (The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings prepared separately.) 10:10 a.m. Thomas and Arlene Carney #5353. Request for a Variance under Section 100-30A.4 (ref. 100-33), based on the Building Department's June 18, 2003 Notice of Disapproval. Applicant proposes to locate an accessory garage in a yard area other than a code required rear yard location, at 805 Oak Avenue (and Birch Avenue), Goose Bay Estates, Southold; Parcel 1000-77-1-20.1. Mr. and Mrs. Carney were present and spoke in behalf of their application. The applicants confirmed the garage will be a two-car storage building 3 feet off the south property line, and at least 100 feet from Birch Avenue and Oak Avenue. A photo was furnished for the record, and Members asked questions regarding the proposed location and situation of the existing embankment. Mr. Carney confirmed the nearest house is abou5 25 feet from the proposed garage. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). 10:20 a.m. James and Maria McKee #5350. Request for a Variance under Section 100-33, based on the Building Department's April 1, 2003 Notice of Disapproval. Applicant proposes an accessory swimming pool in a yard other than the code required rear yard, at 1970 Vanston Road, Cutchogue; CTM #111-3-12.2. Peter Cross, co-owner and also an attorney, appeared representing the applicants. Mr. Cress stated that the dwelling is shared, and he and his family are requesting the swimming pool. Mr. Cross indicated there would also be landscaping, and that the pool would be 22 feet to the road, front yard line, and 28 feet from the south end of the house. Mr. Cross agreed to submit an accurate survey with the pool and equipment locations, on or before Friday, August 1st. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to close the hearing, pending receipt of an accurate survey. Ayes: All. This Resolution was duly adopted (3-0). 10:30 a.m. Joseph and Donna St. Pierre #5351. Request for a Variance under Section 100-244B, based on the Building Department's April 4, 2003 Notice of Disapproval. Applicant proposes an addition to the existing dwelling with a single side yard at less than 10 feet and combined side yards at less than 25 feet, at 370 Goose Creek Lane, Southold; CTM #79-1-6. Mr. St. Pierre appeared in behalf of his application. The setback was confirmed to be approximately 97 feet from his own bulkhead, but that it was closer at 84+- feet to the neighbor's bulkhead. It was recommended to Mr. St. Pierre that he contact the Town Trustees office in case the Wetlands Ordinance applies, which might require an application for new construction within 100 feet of the bulkhead. Mr. St. Pierre said he would contact them also but said it was not noted on the Building Depadment's Notice of Disapproval. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). 10:40 a.m. Derrick Cephas #5346. Request for a Variance under Section 100-33C, based on the Building Department's March 11, 2003 Notice of Disapproval. Applicant proposes an accessory (pool house) structure at less than 60 feet from the front lot line, at 1600 King Street, Orient; CTM #26-2-42.2. Abigail A. Wickham, Esq. and Mr. Cephas both appeared in behalf of the application. Mrs. Wickham indicated the applicant's map contained an error that the shed is proposed, when actually the shed is existing with a C.O. Ms. Wickham also confirmed they have a Letter of Non-Jurisdiction from the Town Trustees. The accessory structure is proposed with a half bath (toilet and sink), and hot and cold running water. The Board was assured that the building will not be used for sleeping or habitable quarters, and that the height would not be higher than 18 feet to the ridge. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Odando, seconded by Member Horning, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). Page 4 - Minutes Meeting held July 24, 2003 Southold 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 propedy before the Board. 10:50 a.m. Crystal L. Rock #5352. Request for a Variance under Section 100-30A.4, based on the Building Department's April 10, 2003 Notice of Disapproval. Applicant proposes to locate an accessory shed in an area other than a code required rear yard location, at 10939 Main Road, East Marion; CTM #31-4-28. Mr. Rock spoke in behalf of his application. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Member Oliva, seconded by Chairman Orlando, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). DELIBERATiONS/DECISION: Crystal L. Rock #5352. The Board deliberated and took action approving the variance as applied for. (Please see written Findings, Deliberations and Decision attached, the original on file with the Town Clerk's Office.) 11:00 a.m. Joseph Gulmi and Susan Braver Gulmi #5340. Request for a Variance under Section 100-33, based on the Building Department's March 4, 2003 Notice of Disapproval. Applicants propose a swimming pool, accessory garage and accessory shed in an area other than the required rear yard, at 250 Pine Tree Court, Cutchogue; CTM # 98-1-7.11. Mr. and Mrs. Gulmi both appeared, and submitted a copy of a hand-drawn sketch for a kidney-shaped pool and modifying the location within the front yard area during the hearing. The applicants also indicated a retaining wall may be needed for the final grade. The Board asked the applicants for an accurate survey, prepared by a licensed surveyor, to show the locations and setbacks, for the pool, 25' x 25' garage, and shed locations being requested. The applicants stated that they called the surveyor (Peconic Surveyors) four times since March and were not able to obtain one. When asked about an alternative for the garage, the applicants confirmed that the existing design of the house is cumbersome and is not adaptable as a garage addition to the house. The height of the proposed accessory garage was confirmed by the applicants to be at most, 15 feet. The Board also requested an elevation, or side elevation sketch, of the proposed garage, whether it is a one-car or two-car garage, and other related information. Mr. and Mrs. Gulmi indicated they would need until about October te submit the information requested. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Homing, and duly carried, to adjourn the hearing to 9:30 a.m., October 9, 2003, for the additional information to be submitted by the applicant. Ayes: All. This Resolution was duly adopted (3-0). 11:18 a.m. Nancy Stein #5260. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's April 29, 2003 Notice of Disapproval. Applicant proposes additions and alterations to the existing dwelling with a front yard setback at less than 35 feet and single side yard at less than 10 feet, at 2665 Cedar Lane, East Marion; CTM 37-4-12.1. Meryl Kramer, Architect appeared in behalf of the application. A copy of an 8-1/2 x 11" rendition showing the elevation, and a photo, were submitted by Mrs. Kramer. The Board indicated that it was not included in the submission, and that it is helpful to include rendition sketches. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Members Oliva and Homing, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). Board Resolution: Motion was offered by Chairman Orlando, seconded by Member Horning, to adiourned, reconveninq at 12:45 p.m. P~ge 5 - i~linutes Meeting held July 24, 2003 Southold Town Board of Appeals 12:53 p.m. Motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to reconvene. BOARD RESOLUTION: Motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to authorize advertisement of the August 21, 2003 public hearings. Vote of the Board: Ayes: Orlando, Oliva and Homing. This Resolution was duly adopted (3-0). 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. 1:00 p.m. East Enders/11160 Main Road, Inc. #5211. {Carryover from June 19, 2003 for applicant's coordination with Planning Board regarding site plan). Based on the Building Department's August 16, 2002 Notice of Disapproval, amended February 26, 2003 and June 19, 2003, applicant requests Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main Road, Mattituck; CTM 122-3-9. Patricia C. Moore, Esq. appeared in behalf of the applicant. Ms. Moore confirmed the previous contract vendee is no longer a part of the application and the deli-restaurant use is withdrawn. Ms. Moore confirmed she is amending the request, by separate written submission, for office use in the existing building, with a proposed addition. An amended Notice of Disapproval, Appeal Application, and original maps were not available during this hearing, and Mrs. Moore agreed to submit them as soon as possible for reviews and possible notices under Ch. 58 if required. The new addition was confirmed to be 6'1" from John's Road (a private road). Motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to adjourn the hearing to September 11, 2003 at 6:35 p.m., pending submission of the proposed amended application. Ayes: All. This Resolution was duly adopted (3-0). 1:12 p.m. Jay Kennedy #5358. Request for a Variance under Section 100-33, based on the Building Department's April 23, 2003 Notice of Disapproval. Applicant proposes an accessory swimming pool partly in a side yard location, instead of entirely in a rear yard location, at 330 Maple La., Private Rd. #3, Orient; CTM 17-3-2. Mr. Rob White appeared in behalf of the application. The pool location was necessary for easy access and the chosen location is a natural plateau. The setting is also more suttle and quiet that any other yard location, and is necessary due to health reasons. Mr. William Schriever, adjacent landowner, appeared with full support of the requested location, being surrounded by other neighboring pools. Also speaking in favor of the application was Mr. Fred Sharmin, a close neighbor. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). 1:22 p.m.S. Sachman and A. Quadrani #5302. (Carried over at applicant's request for adjournment at 6/5/03 meeting). Based on the Building Department's October 1, 2002 Notice of Disapproval, applicants request a Variance under Sections 100-33C and 100-32 to locate an accessory swimming pool as an accessory structure at less than 50 feet from the front lot line, at 4705 Nassau Point Road, Cutchogue; CTM #111-9-9. Cathy Mesiano, agent, spoke in support of the application. A copy of an estimate was submitted as prepared by M. Boeckman, Builder, regarding costs amounting to $88,320 involved for an alternative location requested by Members at the previous hearing. Ms. Mesiano also indicated that the garage is not sound enough to be moved. Chairman Orlando indicated that he was aware of a garage recently built at $65 a sq. ft. and the cost estimate provided was questionable. Board Members also asked that the garage be staked since when they checked on different dates, it was not. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to adjourn the hearing to 7:30 p.m. on September 11, 2003. Ayes: All. This Resolution was duly adopted (3-0). Page 6 - Minutes Meeting held July 24, 2003 Southold 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. 1:35 p.m.J, and B. 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; CTM 35-4-28.27. Cathy Mesiano, agent, appeared in behalf of the application with the Architect, Mr. Meyer. The bulkhead was built about 1978, and it was not clear when the canal was dug. The architect confirmed details for the second-floor, covered porch addition, which would be in line with the first floor below it as shown on pages 3 and 4 of the architect's plan. A deck expansion at the water side, plus 56 sq. ft. of gazebo area, is also proposed, and Town Trustees' review is pending without a determination as of today. Prior ZBA setback variances #3527, #3686, #4110, #4728) were noted by Ms. Mesiano in the area, and a lot coverage proposed by applicant at 11.29%. The second-floor addition is proposed at 26 ft. at the highest point, or average 23.5 ft. eave-to-ridge measurement. Mr. Meyer confirmed the addition will not be a true dormer, but rather a partial second-story, cantilevered and containing a 10 ft. fiat roof at center. No opposition was offered from anyone in the audience during this hearing. The Board requested a written engineer's certification and evaluation with respect to the stability of the bulkhead in relation to the proposed construction and related activities. After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to adjourn the hearing to 7:20 p.m. on September 11, 2003, pending receipt of the written engineer's certification for Board consideration. Ayes: All. This Resolution was duly adopted (3-0). 1:58 p.m. Harold Reese Jr./Schembri Homes #5349. Request for a Lot Waiver under Section 100-26, based on the Building Department's March 10, 2003 Notice of Disapproval, to unmerge vacant lands located at 1025 Seawood Drive and 8360 North Bayview Road, Southold. Applicant proposes to build a single-family dwelling on CTM 79-7-63, a described area of 14,379.24 sq. ft., merged pursuant to Section 100-25 with an adjacent area of +-28 acres, CTM 79-7- 55. Cathy Mesiano, agent, appeared in behalf of the applicant. Ms. Mesiano confirmed the 38-acre parcel was acquired in 1966, although there is no deed on the whole parcel of record, and the one-acre acquired by Mr. Reeve in 1969. Ms. Mesiano said the Town Assessment records show a split in 1971, resulting in three lots. Ms. Mesiano stated that the northerly lot, CTM 61, and CTM 62 were sold by Reeve in 1984 and 1985, and building permits were issued in 1985. Opposition was submitted by: (1) Lora Bolliver, resident on the west side of Seawood Drive, and submitted a petition with 76 signatures (74 plus two signed during the hearing) and letter; (2) Mrs. Ketteneil of 1375 Seawood Drive; (3) Carl Delitiris who said he had owned two lots at one time; (4) Barry Klein who is an owner with his wife of CTM Lot 64. Mrs. Mesiano stated that the Town as a subdivisioin moratorium in effect and that the applicant's 38-acre parcel is not in a proposed development plan and therefore not for discussion at this time. After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Horning, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). 2:45 p.m. Zoumas Contracting #5345. Request for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of +-9,100 sq. ft., merged pursuant to Section 100-25 with an adjacent area of +-18,900, CTM 63-1-4. Patricia C. Moore, Esq. spoke in behalf of the applicant, with Mr. Zoumas. Ms. Moore confirmed that a private well is proposed instead of public water, although nearby landowners have dwellings connected to public water (Winterling, Betty Grattan). Mr. Winterling was present and confirmed that he only recently became aware that the property was owned by someone else, after seeing the surveyor's states, and he believed the property was his because he maintained it for 17 years. Also opposing the application were: Betty Grattan (also represented by letter from Harvey A. Arnoff, Esq.), Joseph Radich, Lora Bolliva, Peter Baschnonga. After receiving testimony, motion was offered by Chairman Odando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). Pa~e 7 - Minutes Meeting held July 24, 2003 Southold Town Board of Appeals III. PUBLIC HEARINGS~ continued: (The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings prepared separately.) 3:10 p.m. Lefkios Antoniou #5344. Request for a Variance under Section 100-244,, based on the Building Department's February 4, 2003 Notice of Disapproval, amended June 19, 2003. Applicant has a single-family dwelling under construction (BP #28154-Z) which does not conform to a single side yard requirement of 10 feet and combined sides of 25 feet, and the front setback is less than the minimum 20 ft. requirement and conditions under ZBA #-4160. Location of Property: 59235 County Road 48, Greenport; Parcel 44-2-11. S. Mark, Esq. of Amato Associates, represented Mr. Antoniou, also present. A survey with the average setbacks within 300 feet was also submitted to each of the Members. The setback requested is 15.9 feet to the front steps, and 19.6 feet instead of 20 feet to the building. Mr. Marks explained there was a falling out between the architect and the previous owner, and requirements for pilings and a revetment became necessary after the Northeaster storms in the early 90s. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). Short break: RESOLUTION: Motion was offered by Member Orlando, seconded by Member Horning, and duly carried, to recess for five minutes. Ayes: All. This Resolution was duly adopted (3-0). Reconvened at 3:35 p.m.: RESOLUTION: Motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to reconvene. Ayes: All. This Resolution was duly adopted (3-0). 3:35 p.m. Charlotte Deliteris #5371. Request for a Special Exception under Section 100-31B to establish an Accessory Apartment use in the owner's existing single-family residence, at 455 Summer Lane, Southold; Parcel 78-9-13. Carl and Charlotte Deliteris both appeared in behalf of the application. Mr. Deliteris confirmed the size of the living area of the dwelling, without the garage, at 2200 square feet, and the size of the apartment at 600 sq. ft. The applicants plan to rent on a yearly basis, and have owned the dwelling since 1972. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Oliva, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). 3:43 p.m. William Go,qqins #5382. Request for a Variance under Section 100-30A.3, based on the Building Department's amended May 16, 2003 Notice of Disapproval. Applicant proposes an addition to the existing dwelling with a single side yard at less than 15 feet, and less than 35 ft. combined side yards, at 1780 Jackson Street and 8755 New Suffolk Road, New Suffolk; Parcel 117-10-14.1 (13 and 14 combined). William Goggins spoke in support of his application, with Mrs. Goggins present. Mr. Goggins confirmed the previous Bed and Breakfast was abandoned by the previous owner, Richard Goodale, when the property was sold to him, and that the Bed and Breakfast is not operating. Mr. Goggins said they merged the adjacent lot for the purposes of building the accessory garage building to meet codes. The purpose of the variance was to build a 7'x20' porch, mostly for cosmetic purposes, and to repair retting sills. There are reverse gables planned with a new roof for the house. (No opposition was offered from anyone in the audience during this hearing.) After receiving testimony, motion was offered by Chairman Orlando, seconded by Member Homing, and duly carried, to close the hearing. Ayes: All. This Resolution was duly adopted (3-0). BOARD RESOLUTION: The next hearin,q was calendared for 1:45 p.m. for a continued hearinR on Au,qust 21, 2003, due to the lack of a quorum to conduct toniRht's hearin,q in the matter of Mary Zupa #5266. It was also noted that submissions were received from all attorneys of record before the July 18th, 4:00 p.m. deadline. Property Location: 580 Basin Road, Southold (Paradise Point); CTM #81-1-16.7. End of hearings. XPPEALS BOARD MEMBERS Lydia A. 'Ibrtora, Chairwoman Gerard P. Goehringer George Homing 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 (631) 765-1809 htt p://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 24, 2003 Appl. No. 5352 - Crystal L. Rock Property Location: 10939 Main Road, East Marion; Parcel 1000-31-4-28. 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 20,031 sq. ft. parcel has 81.82 ft. frontage along the east side of a private right-of-way which extends north of the Main Road (S.R. 25) in East Marion. The property is improved with a 1-1/2 story frame house with attached garage. BASIS OF APPLICATION: Building Department's April 10, 2003 Notice of Disapproval, citing Sections 100-30A.4 and 100-33 in its denial of a building permit to locate an accessory shed in an area other than a code required rear yard location. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to located an 8 x 8 ft. shed at the northeast corner of the property behind their dwelling. The shed will be six feet from the east property line and 10 feet from the north 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 requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties since the applicant seeks only to place an 9=8x8 ft. shed in the yard behind the house, and the property has two front yards and no defined rear yard under the code's definitions. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. A private right-of-way traversing Page 2 - July 24, 2003 Appl. No. 5352 - Crystal L. Rock 31-4-29 at East Marion the northerly boundary of this property effectively changes what would be a rear yard into a front yard. 3. The relief requested is not substantial. The new building area is only 64 sq. ft. as a storage shed. 4. The difficulty is not self-created because a pdvate right-of-way eliminates a rear yard area for the applicant. 5. No evidence has been submitted to suggest that the proposed shed location 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 a storage shed, 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 carded, to GRANT the Variance as applied for and shown on the sketched location shown on the survey prepared by F. Michael Hemmer, L.S. This action does not authorize or condone any current or futura 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 Orlando (Chairman Pro Tem), Homing and Oliva. (Absent were Chairwoman Tortora due to illness; and Member Goehringer.) This Resolution was duly adopted (3-0). ~~~ L~f~i~['ortor~, Chairwoman 8/?'j 03 Ag4~'roved for Filing / Page 8 '- Minutes Meeting held July 24, 2003 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned at 3:55 p.m. Respectfully submitted, ~.j~fl ~v~,~¢/[ ved for Fili'ng ~l~l.~'-/b:~ ,,,~-~diaA. Tortora, C halrwo man Attachments: Case Decisions (2) Board Secretary 7/25/03 RECEIVED ,~PEALS BOARD MEMBERS Lydia A~ Tortora, Chairwoman Gerard E Goehringer George Homing Ruth D. Oliva Vincent Orlando FINDINGS, DELIBERATION.S AND DETERMINATION MEETING OF JULY 24, 2003 g~uttlold T;~wn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63~ 765-1809 http:#sc~utholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD AUG 2 7 2003 Applr~No. 5356}- WILLIAM REED pr°p~rty:LoCatioh: 215 Kraus Road, Mattituck: Parcel 122-5-7. SEQRA DETERMINATION: The,Zoning Boar~d.of Appeals has visited;the prope,rty un~r r~o~lS[d,el~:t:tion' ~n thi~ appliCati6n and:determ~es th~ this~review falls .under the iTypelill .category of the State's List Of Actions, withdut an adverse effect on the environ~ if .the-project i~ implemented as planned. - PROPERTY app cant's 20 642 sq ft, parcel is located on The prr~perty is imprqved, with a one-story the southerly front lot line and 21.6 feet from the John C. Ehle[s survey dated 8-10-98. Although :o the 'rear lot line, the applicants, note that will be 30+- feet from the rear line at its closest~ !l~ff.~applicant s measurement of;45+- feet f[om the northeast corner of the BASIS OF ~AP~CATIONi Bu~ldin§ Department's April 14, 2003 Notice of Disapproval, ?iti[o Se~t!~n:~)0?_A4B in its ,,d~nial of a bui]din0 po[mit to conetruot.a deck addition to bxist r qi ! lfa at less hah:40 feet from the rea~ 10~line. FINDINGS OF FACT The Zon ng Board of'Appeals he d a pub c hear ng on th s app cat on on Ju y 24, 2003, at which t~me written and o~al ewdence were presented. Based upon alt testimony, documentation, p~rsonal insp~ection of the property, and other evidence, the Zoning Board finds the following l'acts to be true and relevant: AREA VARIANCE,RELIEF REQUESTED: Applicant wishes to construct a deck addition at the rear of the dwelling with a setback of 30+- feet from the rear property line. The deck will be 16" off the ground, and the backyard will continue to be screened with 5' evergreens. The rear of the property is bordered by 30' high pine trees, and the lot to the north is heavily wooded. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submilted and personal inspections, the Board makes the following findings: Page :2 - July 24, 2003 Appl. No. 5356 - William Reed 122-5-7 at Mattituck 1. Grant of the alterative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant seeks to construct a 30 foot by 12 foot deck attached to the rear of the existing single-family dwelling, located on a nonconforming 20,642 sq. ft. parcel. The new deck is proposed 33+- feet from the north property line and greater than 21 feet to the easterly side line. The proposed setbacks are similar to setbacks of the houses existing in the neighboring area. The property's rear lot line is adjacent to a wooded parcel of approximately 1.8 acre in size, that is now, or was formerly owned by Peters, and accessed from Camp Mineola Road, a nearby private road. 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 location of the deck is reasonably placed, centered behind the dwelling and closely aligned to the rear line at the northwest (rear) section of the house. The dwelling is situated closer to the rear line than the front line, which limits the available rear yard area for a deck or other building purpose. Without a variance, the applicant would be able to build a deck with only 5 foot in depth, which is not large enough for use by the family when entertaining out-of-doors. 3. The relief granted herein is substantial because the requested rear yard setback is a seven (7) ft. reduction of the code-required minimum of 40 feet. All other distances are shown by applicant to be in conformity with the code's minimum requirements. 4. The difficulty for the applicant is self-created, since the applicant acquired the house and property in 1999, when the existing rear yard setback was the same as in the current Town Code, and is now proposing to reduce the conforming setback of the house with a new deck addition. 5. There is no evidence that the grant of the relief requested will have an adVerse effect or impact on physical or environmental conditions in the neighborhood or district. No changes in the existing grading of this property will be needed in the construction of the proposed deck. There are no wetlands, or environmentally sensitive areas, on the properzy. 6. The relief offered to the appiicent is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rear yard deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267LB, mOtion was Offered by Member Oliva, seconded by Member Orlando, and duly carded, to 'Page 3 - July 24, 2003© O Appl. No. 5356 -William Reed 22-5-7 at Mattituck GRANT the variance for a 12' x 30' deck addition, as shown on applicant's sketch noted on the John C. Ehlers survey dated 8-10-98, with the Condition that the deck shall not be enlarged beyond the proposed plan. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoni'ng Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Orlando (Chairman Pro Tern), Homing, and Oliva. (Absent were Chairwoman Torlora and Member Goehringer.) This Resolution was duly adop, .fo ' ' r Fil] Ly(]ia A./or~ora, Chairwoman -/~pprovea ''ng 8/w/ /o3