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HomeMy WebLinkAboutZBA-09/11/2003 SPECAPPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Sou~hold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:/, southoldtown.nor thfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 ~¢;¢~ ~7 ,~ ~ ~f7 ~ Appl. No.'5368- ANDREW NIKOLICH S0Oth0ld Town Clerk Pr~edy Lo~tion: 850 Budds Pond Road, Southold; CTM Parce~ ~56~-15. 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 16,720 sq. ft. parcel, shown as Lot 13 on~ ~he Map of Wiilow Point filed June 16, 1966 in the Office of the Suffolk County Clerk. The property is improved with a two-story frame house with garage and deck areas:as shown on the October 11, 2001 survey prepared by John T. Metzger, L.S. and Peconic Su~:veyors, P.C., updated November 27, 2001. BASIS OF APPLICATION: Building Department's April 25, 2003 Notice of Disapproval, am~ended May 6, 2003, Notice of Disapproval, citing Section 100-24-4-B, in its denial of a bui~ihg .per'it apPlicaiion, for an accessory shed and addition to the existing dwelling at less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003. at which time wdtte~ 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 requests approval to rebuild an existing accessory 8' x 10' shed in its present location, at a height to the top of the ridge %,4 at 10.5 feet and scale down and rebuild an as-built deck addition of 567 sq. ft., with -.~ariable dimensions up to 18 feet deep and 50.5 feet wide. The small shed is located at 'fS~f~et from the existing wood bulkhead and three feet from the side property line at its closest points. The deck addition is open to the sky and is to be 54 feet from the existing bulkhead at its closest point. The applicant's site plan shows a proposed relocation of the existing Jacuzzi to be at a greater distance from the bulkhead than the existing deck, and at the August 21 2003 hearing, the applicant confirmed the Jacuzzi and stockade fence will be removed. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and persofial inspections, the Board makes the following findings: APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Halt 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 htrp://soutlaoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING .OF SEPTEMBER 11. 2003 AppL No. 5368 -ANDREW NIKOEtCH P[operty LocatiOn: ~850 Budds Poi~d Road, Southold; CTM Pamel #56-5-15~ -.SEQRA DETERMINATION: The Z0r!ing Board of Appeals has visited the property under consideration in this application"and determines that this review fall~ uncle/' the Type II category of the State'S List of Act'Ions, without an adve~-~e:effect on'the environment if the project is implementedas ?lanped. PRDPER,TY~FA~CTSTBES.~'RIPTtON: The applicant's 16,720 sq, ft. parcel, shown as Lot 16, 1966 in the Office of the Suffolk County a two-story frame house with garage and deck 2001 survey prepared by, John T Metzger, LS. and updated November 27, 2001. 25, 21}03 Notice o~ Disapproval, pproval, citing Section 100-244B, in its denial of a 3/shed and addition to the existing dwelling at per h'ql~. foo~ rrcm the ,'),.!k~ e-.,d. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003, at which time written and oral evidence were oresented. 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 requests approval to rebuild an existing .accessory 8'-x 10' shed in its present location, at a height to the top of the ddge at 10.5 feet and scale down and rebuild an as-built deck addition of 567 sq. ft., with vanabte dimensions up to 18 feet deep and 50.5 feet wide. The small shed is located at 15 feet from the existing wood bulkhead and three feet from the side property line, at its closest points. The deck addition is open to the sky and is to be 54 feet from the existing bulkhead at its:closest point.. The applicant's site plan shows a proposed relocatior of the existing Jacuzzi, lo be at a greater distance from the bulkhead than the existiflg deck, and at the August 21, 2003 hearing, the applicant confirmed the Jacuzzi and stockade fence will be removed REASONS FOR BOARD ACTION: On the basis of testimony presented, materials subm[tta'd and person.al inspections, the Board makes the following findings: Page 2 - September 11,2003 Appl. Ne. 5368 - Andrew NJkoiich 56-5-15 at Southold 1. Grant of the area variance will nog produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing three-tiered deck ane Jacuzzi W II be removed and replaced with a single !evel'deck of 567 sq. ft. ~he former shed will ,be,replaced With a new 80 sq.,ft,'Shed, The 'propefty,,js 16,727 sq, (t. and the code requl~:ing a minimu~n of' 75 feet ~orn the ~u[khead ~as adopted in 1;985; The, ap¢ca¢ indicatestha, t,,t[~e deck an¢ shed existed f?ovcr:18 yea,rs:~ The propgsed 8e¢k ,wil ,b~,,54' f;ee, t from t~e ,~ulkhead, and ,,the shed witl b& in ki~8; in, plaCe~new ~co,nsttuCtion, as previously e~i~ted. , , 2. The benefit soug~ by the applicant cannot be achieved by some method, feasible'for the applicapt ,tO,, p,ursue~ ~,~her ;;than an area variapce, Th~ iapplicant~s proper~ is rregul, ady ,s~a, ped ~it~ ar! e~x's~g deck that will :be replabM; ~wit§ 'a Scaled down replacement ~eck. , : ;, ~,;,~ , .; ~h~ .?¢?,",,~ she, d. proposed wi be a replacement,, of. a,, shed that, had been o'n the'~ropeC~y for many'years. 3. The relief granted is substantial since the exist ng code requirement~¢o~' buildings upon wh ch.a bull~head exists is required to be not less than 7¢~feet fEofr~ t~e bU khead~ ~e ,amount ,of (91~ef'reqeeste¢ ~s.f~)r a 21, ff. reducbon of the ¢-~de setbac~('t~;~qu~re~e~t 160;ff.:reduci!on i~'t~e setback;requirement for a new-8x~O ~. shed.-. 4. Thedifficulty was self-created when the deck and' shed Were planned with a location that does not conform to the current Town Code requirements. 5, No, evidence has, been submitted to suggest, that a variance in this waterfront commu;)ity-of smalldots:wilt-have an adverse impact on the physical or'environmental conditions in the, ne ghborhood Approvals have been obtained from 'the New York State Department of Environmental Conservation and Southold Town Board of Trustees concerning Wetland codes, 6. Grant of, the alternative relief is the minimum action r~ecessary and adequate to enab]e, the applican~ to,enjoy,the benefit of a new shed and new deck addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESObUTIDN OF,THE~BOARD: ,In considering ali or,the above factors a~d applying the bala~c~g' tes~.under, New York Town Law 267-B motion was offered by Member Oliw, seconc~ed .by Member Odando. and du y carr ed, to GRANT the variances as requested and shown on the site plan map rewsed ,March ,24 2003 prepared by Andrew Nikolich, SUBJEC~T to the CONDITION ;Page 3 - September 11 2003 Agpt- No. 5368 -Andrew Nikolici- 56-5-15 at Southold that the new deck addition not be enclosed. 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), Orlando and Oliva. (Absent were Member Goehdnger and Member Homing.) This Resolution was duly adopted (3-0). Ly~dia A,.'C/c~'rt~ra, CharwOman - Approved for Filing ,¢ APPE~i.S BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard E Goehringer George Homing Ruth D. Oliva V'mcem Orlando BOARD OF APPEALS Ap~pl. No. 5355 - TOWBEE, LLC Property 12ocation: 700 Hummel Avenue, Southold; CTM #1000-63-2-30.1. 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:#southotdtown.northfork, net RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION, II, 2003 ~'~' -~'~ P~J~~ S P · EETING OF SEPTEMBER S0uth01d, 10wn SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration tn this application and determines that this review falls under the Type II ca,gory 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 74,052 sq. ft. parcel has frontage along two s~treets: Hummel Avenue to the north and Boisseau Avenue to the east, in Southold. '~he v~id~st frontage of the property along Boisseau Avenue is 156.10 feet, and 639.17 feet alOpg Hummel Avenue. The westerly lot line runs 105.05 feet deep to the Long IslAnd Ra~road ¥ight-of-way. The property and existing buildings are used for warehousing and Sto~rage. ~The property is zoned L~ght- ndustna (L). BASIS .OF APPLICATION: Building Department's February 19, 2002 Notice of Disapproval, amended March 10,2003, April 10, 2003, June 18, 2003, and June 19, 2003, citing Sections 100-'142~ 100-143A add 100-143C, in its denial of a building permit to construct new bui]diBgs with interconnected hallways/additions. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on June 19, 2003 and August 7, 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/ORIGINAL REQUEST: The applicant's original application requested relief to construct new buildings in this LI Industrial Zone District requesting the following area variance relief: (a) building area (ref. #3) with rear setbacks between five feet arid eight feet, maximum, from the southerly property line and at least 94'9" from the front northerly lot line along Hummel Avenue; (b) building area (ref. #1) with a +-60 feet setback from the front lot line along Hummel Avenue, and 220 ft. of linear frontage on 'Y-q~u~n~gS Avenue, and (c) building area (ref. #1 and #3) with side yard setback at 5 feet. AMENDED ADDITIONAL RELIEF: During the June 19, 2003 public hearing, it was determined that the applicant had not filed an amended Appeal. based upon the June '19, 2003 amended Notice of Disapproval issued by the Building Department relative to the Building Department's review of construction diagrams. On June 23, 2003, the appeal application was amended to reflect the additional reason for disapproval by the Building Department, for add t gna relief with regard to the third floor level with a proposed 2,000 sq. ft. rOf floor area for storage of files anc certain office-related material, accessible by elevator. The third-fh3or attic storage plan was prepared by East End Drafting & Design Page 2 -September 11, 2003 ZBA Appl. No. 5355 - ¥owBee Inc. 1000-63-2-30.1 at Southold and is dated 5~-12-2003. Also. please refer to details shown on the 8-6-2003 site and drainage plan prepared by East End Drafting & Design regarding proposed additions and removat of existing buildings. REASONS FOR.BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grar~t of t~e relief requested will not produce an undesirable Change in the character of the neighborhood or a detriment to nearby propert es A. Setbacks ~for Building (Ref. ffl~ #2~ and #3 and proposed additions to interconnect bdiidings~#t ~and #3ri~i the future: The existing setbacks facing Hummel Avenue are nonconforming: (~l) the existing warehouse building "E" is +-32 feet to the ' tine and +-17 feet to the existing fence, and (2) the existing ~ removed, is closest to Hummel Avenue at +-20 feet. New art.herly property line and at least 5' from !,546 sq. ft. building, to replace The existing building is shown with between 't2'3" anc 9'10"; the new the existing building from the of 94'9" from the and 8', at Es closest Gnly a small change of footprint B. Bai[di~.q Fr~nta.qes: Building widt~'frontagp' facing Boissoau Avenu~ property f'.ac~g .Boissoau Avc~nue is The ~pplicant is proposing th; eliminat to Bb sseau Aven~e will be at least additi~)nal b~.l'ildihg frontages prop s te~ad ~l~a ~j~ plan I~pat:e~d byEaS #1) is proposed with 80 linear feet of bu Id ng · Presently, the entire easterly section of the .fOy outside storage of landscape materials. ~ts~de storage, and the cjosest new building et t~rom the easterly front property line. The ;d in the future, by small additions, Ils? i~clu~ed inLthis variance, as shown on the .-'nd' Drafting 8, Design dated 8-6-2003. posed as an attic with elevator, for 2. The existi~ will Ii.cant cannot be achieved by some method, feasible for an area variance. The property is improved with At least one of the buildings, which is and not be rebuilt. Outside yard areas parking and landscaped buffer areas will be ~oard under the site plan regulations. 3. The relief gra~ted he~'ein is substantial in relation to the code requirements for building frontage, and front, rear ~nd/or Slide yard setbacks. Where the rear yard setback is Page 3 -September 11, 2003 Z,I~A Appl. No. 5355 - TowBee lac. 1000-63-2-30.1 at Southold reduced, a front setback increased. Where the building frontage is greater than 60 feet, existing nonconformities are either removed or reduced. The sizes of the storage buildings are largely necessary ~o accommodate their boats indoors, where they can also :be properly outfitted and supplied for their purposes of rescue and salvage operations. These responses require immediate and easy access despite the time of day or night or weather conditions. 4. The difficulty was self-created when the new building construction was planned with a design that'Uwill not conform to the current Town Code requirements. 5. There is no evidence that the grant of the relief will have an adverse effect or impact on Phys?ai or enyironme.ntal conditions in the neighborhood or district~ affer weighing the facto}s whic~,benefit to the applicant as compared to a detriment to the community. The prolSe~y iS improyed with buildings~ ir~ p0or condition, and foundations of which are not ~sai~rag~ie.. Th~efe* is outside stora§e ~f lat3dScape material in several piles on the ~outl~ sectio~ of:the pro~3erty. ;There ~re ~[qrag;e of ~trailer$ and vehicles, registered and unre;listered, which give an unsightly appoarahre. The applicant has asSured that the new office building will bo stateof the art, with architectural marYel, eyen tho~ugh it is three first two stories. Building~ #Z and ~ are to be These buildings prope~y. A new office coml~l~xi ~ith~pttalche'd storagelbuil~ling.s, and .I staff and cust6me'rs will be=a better utilization of this:Ligl OE:;~HE considering ali of the above factors and applying the York ToWr~ Law 267-B, motion was offered by Member ~ Meraber Orlando, and duly carried, to. GRANT th~ v~r~iances, as requested, shown on the plans prepared by East End Dr~a~ffing&'De~ign dated 5-t2-2g0'3, site plan dated 6-12-2003 prepared by Warren A. S~ba~h, ;J~-~, and ~site-drainage map prepared by East End Drafting & Design d~ted 8-6~-~003, SUBJECT TO THE FOLLOWING CONDITIONS: 1. I','.;'.ior r(:[ro[i[[i~!j a'~d overhauling of boats shall be done inside a building. 2. A'I comnumic~.l'~nn ,%,,~l:ems used by staff~shall be done within the buildings,.~. ,','ii:lent an ouls~d~; Io[,¢1 speaker system. 3. Con,~enl bn ubta:nnd from fl~e owner or authorized authority with regard to (:n'~0en(::~' lire :mc',,'~ on the south side of the property within or along the LIRR n!Jh;-u~'-way r:.*~ n.:;eded. 4. Th,"~ ¢:~;.~k. mal(;d pm~'tg within the site be used for vehicle purposes and ~ot ~(~r an~ty~ of storage. Page 4 -September ~.1, 2003 ZBA Appl. No. 5355 - TowBee Inc, 1000-63-2-30.1 at Southold The three buildings may be connected in the future as shown on the 6-12-2003 site plan prepared by Warren A. Sambach, Sr., P.E., without a supplemental application to the Board of Appeals. 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: ~A~es: Members Tortora~ .(Chairwornan), Goehringer, Orlando, and Oliva. (Absent was Member,Horning.) 'l'his Reso!~tion was duly~ad~ Lydia A.~'~tor-~, Chair~vo~nan - Approved for Filing APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Ooehringer George Homing Ruth D. Oliva V'mcent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Halt 53095 Main Road P.O. Box 1179 Southold. New York t1971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown, no~thfork.net RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION SEP 3 0 200:3 MEETING OF SEPTEMBER 11, 2003 AppL No. 5370- JOSEPH, DOROTHY AND SUS~ ULRICH g51 6 39" $ SoulhoI~ Town Prope~'~mtion: 2345 Mill Creek Drive We~, Southold: ~M - - . 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 25,307 sq. ft. parcel has 100 ft. fronta'gB along the south/east side of Mill Creek Ddve West, Arshamomaque, Southold, and is~improved with a 1-1/2 story frame house with garage. The dwelling is presently 14.5 feet at its closest point to the westedy side line, and 15.1 feet to the opposite site line. The "as built" deck is 19 feet from the rear property line as shown on the survey last dated!APril 1,2003 prepared by John T. Metzger, L.S./Peconic Surveyors, P.C. BASIS O:F APPLICATION: Building Department's March 31, 2003 Notice of Disapprgyal, cilag' Section 130-244B, in its denial of a bu ding permit for an 'as-built' dec-'l~ a&litiion at less than 50 feet from the rear property line. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on August 21, 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 REQUESTFD: Applicant is requesting a variance for the 'as- built' deck addition, open to the sky, in its present location at 19 feet from the rear aroperry line instead of the 50 feet. The deck is 14' x 16', has an 8'x6' landing, 3' x 20' walk, 3'x13' stairs, totaling 371 se ft. RE',~SQNS 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. The 'as-built' deck is a 14'x16' addition that has been in existence for more than 25 years in its rear yarc location facing the water. At the hearing the applicant indicated that he was unaware of the fact APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://somholdtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 ZBA #536§ - PAUL PAWLOWSKI (REFLECTING NATURE 'LANDSCAPING, INC.) Pr0p~rt~ LOcation: 260 Cox Neck Road, Ma~titubk; Heritage Harbor Fi ed Map, Lot #10. CTM #113,14-10. SEQR~ DETERMINATION: T~he Zoning Board of Appeals has visited, the property, under bonsideration in thB applicati~),n and determines that this r~yiew falls ~n~ler the'TYpe II Category of the St~te'~~- List o~,Acf~ons, w thout an ad,~erse effect, oh the e~iroh~nt if the project iS implemented as panned PROPERTY FACTS/DESCRE~TtON: The applicant's property is situated in the .Limited ~ousine~ss.(LB) Zone,District ,~hd contains a total area of 47,760 sq. ff. with 153.51 ft. ntage fii~ong Cox Neck"Ro~ in Mattituck. The property s vacant and adjacent on 'the north by a dwel Zone), on the east by a parcel zoned R-80 ned Limited Business, and to [he south by propegies is also shown as Lot #10 on the'Map of . : /lap #6853. ' Department's April 224 2003;.Notice of Disapproval, ~,. The reasons stated in th~?otice Of Disappr°val a new building on a 47,74t+-§q! ft. lot at less than Cox Neck Road. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, ,2003, at which time wdttert 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 is requesting a Variance a setback Of the~pr0pose new contractp~s business building with a setback.at 60 feet from the front lot line along Cox Ned< Roa~d. ADDITIONAL INFORMATION.-. The applicant also furnished the available computer image :that was discussed and requested dudng the August 2% 2003 public hearing, which has been made a part of the record. ~ REASONS FOR BOARD ACTION: On the basis of testimony presented, materials ..... submitted and persona nspect ons, the Board makes the following findings: Page 2 - September 11,2003 ZBA #5365 - Paul Pawlowski (Vadance)~ 113.-14-10 at Mattituck 1. Grant of the alterative relief noted below will not produce an undesirable change in the character of the n~ighborhood or a detriment to nearby properties. The applicant's property is zoned Limited .Business; The property to the south is also zoned LB and impr°v~dr with businesses; the property t(~ the n~)rth is zoned Residential R-80; and improved With a single-family dwelling. The applicant's ot size does not meet the 80,000 bulk.schedule size in the LB zone, with.the existing 47,760 sq. ft. The setback is also ?qured..by the code to be 100 rff. frok'n COX Neck Road, and the eastedy~vard be[{ nd ~he prOposed bUi ding s,gu te ia~ge a owing for~an 80 ft setback from ~:Co~ ~ck .Road, similar to the setback, of ~3e house on the,northerly adjacent lot. 2, The benefit sgught by the applicant cannot be achieved by some method~ feasible for ~he appJib_~ant to Pu~sue,,ether {hah an,areavari;~nce'for set[jacks and, the bQIl~,schedule req~irements,~n Jhe bB Zone.for..~a new business baiidi~. ~he applica~nt' Pr0P°~s a,60 ff. setback from Cox Neck Road, ~lth0Ugh there s 'a large ~mou~ of I~nd a~ai ~ble n the .rea~ easter y~sect~on of ~e property. . , 3. The vCdanc¢ granted, herein s substantial. The applicant requ~osted a 40% rad~ption fro~ thai p0~e requirement, ,and, the variance granted allows a 20/o reduciion~ ,Also the s zb 0f'tth~ J'~t is Utmost ~0% less t~an the bulk schedulo r~cquiremo ~t o¢ 8,0 0~0 Sg~ ff Th~ variance granted perm ts a 20 fi reduct on p the code (~irad, 100~. m~ln ~um, which bq~pa,,t0'ithe ~etl~ack of'the adjacent r~;orther]y d~ei~[b~. (¢e~;'3-2~-82 up.ted surve, y prepared ~¥ Harold F. Trancbon, Jr.,, P.C.). . - :~ 4. The diffiCulty,was self-created when the new b~lldia, g ~a,? p~anned without conformity to the code s~tback requirement ~om COX~ Ne~l~: Re~di~tl~at'has been in effect ~ince 999. rl' r}~oard members did ,have a concern that the property ,be used a,s a landscaping yard dn0t as ~ recycling Yard for trees and stUmps., The~ ~l~,oiicant a~S~ed, the E~0a~'d'that he parcel woul~ be used only for storage of lands~ping equil~n~nt,and ~°t,as a recycling Yard,i therefore there will not be adverse ~.~-ec{ Or i~p~ct on physical or ,~envimnmen~tal-~ond, itio~s in the neighborhood o~ d stricti~ ,T~h6 prppd~d b~ d ng and s te ~/i!l~ ~lS0 I~e;rsu~ject to the requirements of Pianning B~:a~l:'ir~ i~ r~v~/under the site plan:regulationS of the Zoning Cede. 6. Gran;[ of the alternative relief is the minimum action necessary, and adequate to enable the appj)cant to enjoy the benefit of a landscapin9 business, :while preserving and protecting the ~;haracter of the ne ghborhood and the health, safety and welfare of the commun ty. Page 3 - September 11 2003 ZBA #5365 - Paul Pawlowski (Variance) 113'.-14-10 at Mattituck 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 Tortora, and duty carried, to DENY the setback requested of 60 feet from Cox Neck Road. and to GRANT Alternative Relief for an 80 ft. minimum setback from the property line along Cox Neck Road, and GRANT approval fbr use of this 47,760 sq. fit. lot zoned Limited Business Zone District, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be no outside storage of landscape debris, such as large stumps or trees, or construction debris 2. Any ,temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be permanently maintained. 4. Board reserves the right to review and inspect the property concerning these conditions. 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, Orlando, and Oliva. (Absent was Member Homing.) This Resolution was duly Lydia A~. Tortor~/A~Pl~r(~/~d~or i=ili~- - 10/z4.~ /03 C C APPEALS 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://southoldrown.nor th fork.net FINDINGS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 ZBA 8E#5365 - PAUL PAWLOWSKI (REFLECTING NATURE LANDSCAPING, INC,) Property Location: 260 CoX N:eck Road'-' Maltitud~k:0 'Heritage Harbor Filed Map, Eo~ #10. CTM #113-14-10. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) Zone District and contains a total area of 47,760 sq. fi, with 153.5'1 ft. frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the north by a dwelling (R-80 Residential Zone), on the east by a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Limited Business.; Applicant's property is also shown as Lot #10 on the Map of Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853. APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100- 81B(2) for a landscaping business with storage and office areas: AIl' parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the Limited Business (LB) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing contractor uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board 'finds: 1. A landscape contracting business is permitted in this LB Limited Business Zone District under Section 100-81 B(2) of the Town Zoning Code, subject to special exception authorizationofthe Zoning Board ofAppeals. Inthis reviewthe Boarddeterminesthat a landscape' contractor business use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2, In addition, the Board has reviewed the General Standards governing special Exception uses set forth in Sedtion 100-263 and finds that: A) The.use of the property as a landscape contractor's Office and related activi- lies in the~_proposecJ new building will not prevent the orderly a~d reasonable use in this zone distal,bt and adjacent districts. The adjacent property on the north is improved with a single-.f~mily dwelling, zoned R-80 Residential on the east by a parcel zoned R-80 ReSid~nti~tl a~l another' parce! zoned Limited Business, and to the south by properties zoned L~tedBusiness. Opposite Cox Neck Road is an existing winery business also located in the Limited Business Zone District. Page 2 - September 11. 2003 ZBA SE.#5365 - Paul Pawlowski 113.-1~,-10 at Mattituck B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, we]fare, comfo~; convenience, and the order of the town Will not I~e a~versel~; affected by the proposed use and its location. D) The use will be in harmony with and wilt promote the general purposes and intent of the code. E) The, ,use is compatible with its surroundings and w~h the character of the :neighborh60d and of the community in general, part[culary with ;regarding to visibility, scale andoverall appearance. r ,'~ ,¢~'Fhe~structures, ~equipment and material will be accessible for emergency protectior~',? ';~ .tn~ ~making.i~this¢letermination, the Board has.also reviewedpther matters under Section 100~n- -'264,, ahd,f~hds ithat no adveme cond t Ons w resu t from th s authorizat on A. T;he(e; will, be no adverse change in the character of the existing and probable devalopr~ent Of .u._s. es in the district and the peculiar suitability of such district for the Iocat[o'~ o¢ Such .permitted uses. B. Brop;.e,r~y ~lues will be conserved A andscape bu.siness 'n t.h s. LB Zone's a 'sted authorjz8¢~use in the Zoning Code, allowed by Special Exception approval from the Board!o¢~i3peals and site pl~ approval from the Planning Board. C The: Idp~tioi3 ,of the proposed building will not' cause traffic congestion on public streets~ h~gftwaY, S and s dewa ks. D. There is aYali~b lity of adeq ~ate and proper public or priva!e water supply and facilities ~fer.the ~..e.stment, removal or discharge of sewage, refuse or other effluent (whether llquid~ s~lid, gaseous or otherw Se) as a result of th s use E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or sooL .p.u, tside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. F. The use.will,not cause disturbing emissions of electrical discharges dust light yibration' or pO[Se,r iOu~ide storage of landscaping or .construction debris is not permitted as a condition tO this Special Exception. i I . ~ Page, 3 ~ September 11,2003 ZBA SE#5365 - Pau! Pawlowski : '>~ ¢~'~* ~ 113.-14~10 at Mattituck ~ G. -[he operations as a landscaping business will not cause undue interference with the orderly enjoyment by the public of parking or of: recreational' facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space ~s reasonably ade~quate and apprepdate is subject to review and approval of the Southold 'T°Wr[ Plannin~ Board under the.s te plan regu arians L .Th, er~e is no evidence t~.show that there will be any hazard to life, limb or property beca~s~of!fjre, flob'd; e:rb~sion br paniF~ by,reaSon ~f or as a' result of the use or by the bui di~ng to be,used, or by the access~bi ty of the property or str;Uctures: thereon for the con~enient:~ent~t and. oper~['ion of fire and o. the~' emerge0(~y apparatus. 'There will not be un~e Con~Jen{ratiOo'~or assemblage of persons .~apon such plo[ in the operations as a la~t~bapin{~ businesS: -' j. The use';an,d the bu lding location will not cause an overcrowding of land or undue conceRtrat on of popu ation. K. The~piot area has been deemed sufficient, appropriate and adequate for this use. L; T,hf~ ~s~e, is not unreasonably near a school; theater; recreational ama or'other p~ace of public a~sembly~ M. The site is suitable for a landscaping business office and. related accessory uses consideddg,its size and'the character of the neighborhood. N. Concerns with respect to outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be a~y detrimental impact to adjacent properties and land uses. O. Adequate prowsion has been made for the collection and disposal of storm-water runoff; sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may ~)e introduced without undue disturbance or disruption of important natural features, systems or processes and without dsk of pollution to groundwater and surface waters on and off the site. Page 4 - September 11, 2003 ZBA SE#5365 - Paul Pawlowski 113,-14-'10 at Mattituck 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 byMember Tontora, and duly.carried, to GRANT the Special, Exception for a landscaping business as applied for, SUBJECT TO THE FOLLOWING,I'~' CONDITIONS: 1. There shall be no outside storage of laqdscape debds, such as large stumps or trees, or construction debris 2. Agy ;tempo. rary ~stOrage of stumps or other debris shall be removed from premises; ': ' 3; The evergreens .and cedars along the north side of the property shall be permanen~tiy maintained. 4. The Board' of:,Ap~eals reserves the dght to r~view and inspect the property cOhceming the 0plerations as a landscaping business and the conditions of this Spec a Except on approval. This action does not au, thodze or con. done any current or future use, setback or ether feature of thffs~ject.pfope~t~y~that im~Y ~olate the Zoning Code, other than such uses, setbacks and otl~er fe~ures'~s are exp~:essly addressed in this action. Vote of the. Board: Ayes: Members Tortora (Chairwoman), Goehdnger, Orlando and Oliva. (Absent was Member =Homing.) This Resolution was duly adop~._,. Lydia ~. To~/~' - App~ov~ec'r~[ F~ling- '10//~4'/03 C APPEALS BOARD MEMBERS Lydia A. Torrora, Chairwoman Gerard P. Goehringe~ George Homing Ruth D. Oliva ,Vincem 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 southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 Appl N~o. 6370 -~ JOSE'PH, DOROTHY AND SUSAN ULRICH Pmperty'Location~ 2345 Mill Creek Drive West, Southold; CTM #51-6-39. SEQRA DETERMINATION: -The Zoning Board of Appeals has visited the property under consideration in this application and -d:etermines that this review falls under the Type' Il category ,of the State's List of Actions, without an adverse effect on the environ~er¢~ if the project is implemented as pianne*d. PROPERTY FACTS/DESCRIPTION: The applicant's 25,307 sq. ft. parcel has 100 ft. fronfge,algng the southfekst side of Mill Creek Drive West, Arshamomaque Southel¢ and is. i~pf,,oged; W th ,~ ;M)2 story frame house With garage. The dwel ing,is presently .14.5¢e,bt¢ ~ts ~losest,,p,o~ot tO the westerly s~de t~ne and ri5,1 feet to the opposite site I .frs;' ~he*. ,~- :as,~u~[t~. feok:.l~...-19 feet from the rear property,_ ne as. shown, on the sun/e,/, last dat~ ~pril. 1, 20~03 Frepared. by John T. Metzger, L;S./Pecon~c Surveyors, P.C. BASIS, O1~ ,APPLICATION: Building Department's March 31, 2003' Notice of Disapprova ,citing Se. ction 1,00-244B, in its' denial of a building permit for an 'asfbuilt' deck. addition at less than 50 feet from the rear property line. FINDINGS OF FACT The' Zoning Board of Appeals held a public hearing on this application on August 21, 200~, at which time written and oral evidence were presented. Based upon all tes~t!m0ny, documeritation, personal inspection of the property, and other evidence; the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Appl cant s requesting a variance for the 'as- built~ deck addition, open to the sky, in its present location at 19 feet from the rear PwrOpe~ li~e in,stead Of the 50 feet. The deck is 14' x 16', has an 8'x6' landing, 3' x20' alk 3;k13'ista rs, totaling 371 sq ft 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 inthe character of the neighboFhood or a detriment to nearby properties. The 'as-built' deck is a 14'x16~ addition that has been in existence for more than 25 years in its rear yard Iocatiort: facing the water. At the headng the applicant indicated that he was unaware of the factt Page 2- Sel~tember t I 2003 Appl. No. 5380--J., D. and S. Ulrich Bouthold Town 'Board of Appea s ,that the code requires a decision to have a,certificate of occupancy and that he wanted ire get :his personal matters in,or, der. The deck has ,existed for more than 25years without creating an :undesirable change i~'the neighborhood or detriment to nearby ,properties, Based on the position of the home, skewed toward the rear of the adjacent waterfront property,.the open deck will not' be undesirable if it remaihs 'id its, present ~location~. 2. The benefit sought, by the applicant cannot be achieved by some method,, feasible for ,the applicant to, pursued other than, an area variance because the rear yard setbacks of the hoas~e~ are. nOnconformidg. 3. The,,vrri~ce;rec[ues,ted is 'substantial because the current code reqtt!l~s a 5¢ fL. rear yai-d ,~etbac,lg,~ and tt'i'e deck'tS ,only 19 feet from the:rear lot l~ne at,i,ts-clqsest 'po!hr: Thls arn0tiB,ts ,to a 16 t~t2 reC'ui:tio~,'of the setback of the house, presently r[ondenforming at 35 ~eet fr6m ttleltear i°t IJne:~t i~.closest point. ~ 4,. Th~ :diffiCulty was sel~-created when the applicant failed to apply [or and obtain a certificate of'occupartcy for'the open deck when it was built. 5. There is no evidence that the grant of relief will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. No evidence has ¢been,submitted to suggest that a variance in this small beach community will have an adveBe impact 0n the physical 6r environmental conditions in the neighborhood. 6. Gr~nt of the relief requested' s the minimum action necessary and adequate to enable the applicant to ,continue te eiqjoy the benefit of an existing open deck at the ',rear of tt~e dwellin,g, wllile ,?.re,serving an~l protecting the character of ~he neighborhood and the health, s~fety:,ariiU w61fa~e 0f ~he. COmmunity. :~,~ : RESE)~CJ~I~N ~'~.THB BOARD: In consider ng al of the above factors af~d apply~nq' the alanc~r)g .test under New York Town Law 267-B mot on was ~)ffered: by Charwoman Tortora, seconded by Member O ~va, and duly carned, to GRA~t%',,~he Ya~ance, ~a~ requested and shown on the April 1, 2003 survey Page 3 - Ser)tember 11. 2003 Appl. No. 5380 - J.. D. and S. Ulrich Southold Town Beard of Appeals prepared by John T. Metzger, LS./Peconic Surveyors. P.C.. SUBJECT TO THE FOLLOWING OONDITION: The deck remain open to the sky and never be roofed or enclosed. This action does not authorize or conaone 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), Orlando, and Oliva. (Absent were Members Goehringer and Horning.) This Resolut!on w~a.~ dul~( adopted (3-0). L~C~'"A-.-'l~o~to~a~ Chairv~oman ~ / 5'~/03 ACproved for Filing