HomeMy WebLinkAboutZBA-10/09/2003 SPEC APp~g ~oARD MEMBERS
53095 Main Road
Lydia A. Tortora, Chairwoman
F~'~' Ge rard P. Go ehringer ~ .~~,~ ~ P.O. Box 1179
< k ,~ George Homing ~~N-~~ ~ Southold, New York 11971-0959
--~x Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando ~~0r Telephone (631) 765-1809
http://southoldtown.northfork.net
/ BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
THURSDAY, OCTOBER 9, 2003
A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS Was heJd at the Southoid Town
Hall, 53095 Main Road, Southold. New York 11971-0959, on Thursday, October 9, 2003, commencing at 6:10
p.m.
RECEIVED
Present were:
Lydia A. Tortora, Chairwoman/Member
Gerard P. Goehringer, Member NOV - 3 2003 ]l;t~°l~:~
Ruth D. Oliva, Member
Vincent Odando, Member
Linda Kowalski. Secretary of the ZBA SoufhOllJ '[owll 618~'[{
Absent was: George Homing, Member (of Fishers Island).
Also present at the start of the meeting were approximately 10 persons m the' audience.
6:10 p.m. Chairwoman Tortora celled the meeting to order.
AGENDA ITEM h The Board proceeded with the first item on the Agenda as follows:
I. DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of
the following determinations were filed with the Towr Clerk's Office. and copies are attached to this set of
Minutes:
Continued Deliberations (No action taken at this time on the followinok
Virainia and Christopher Covne/¢5323. (Hearino concluded 7/10103), Site: 8310 Soundview Avenue,
Southold; CTM 59-7-29.6. The Board deliberated and a straw poll of the four members indicated a
possible denial, to be adopted and voted upon at the next meeting (10/23/03 Regular Meeting).
At3erovals with Conditions:
Nicolo and Caroline DiBartolo #5254. Accessory B & B
John Casil]o ~5378, Pool location
Denial without Preiudico:
M. Droege #5186. Accessory windmill use, location, height.
(Deliberations/Decisions. continue after public hearings below.)
Meetm~hetd October 9 2003
Southold Town Board of Appeals
II, PUBLIC HEARINGS: The following public headngs were mconvened, Please see headng record, available
separately:
6:40 p.m, Raymond and Aones Combs ~,L5340. (This headng was a continuation from the 9/25/03
Regu ar Meeting~ Architect Mark Schwartz spoke, and also present were Raymond and Agnes Combs
answering questions frOm the Board Members with regard ,to the floor plan of the existing nonconforming: aide
yard areas. After recaiv~'ng tastimony; motion was offered by Chairwoman Tortora, seconded by' Member Oliva,
and duly carded, to, close (conclude) the headng, reserving decision. This Resolution was duly adopted (4-0),
652 p.m. JoseDh Gulroi and S, Braver-Gulmi #5340 (This hearing was a continuation from the July 24,
2003 headng for sabmiesion of a survey with setback and: location information, and floor layout/design di~agrams
of the proppsed accessory buildings ) Mr. and Mrs. Gulmi both spoke in behalf of their application, After
reviewing the latest survey submitted by the applicants. Board Members noted that the setbacks of the proposed
garage was nat shown, andthe garage design/floor layout was not submitted. Th~ applicants requested an open
recess until, they are able to decide on~ design for the accessory buildings, rather than close the hearing and
render nga dec'is o~ on the peo ocat orr. After rece v ng test mony motion was offered by Charwoman Tortora
seconded b~/Mere§ar Orlando, an;d duly camed, to recess the heanng w~thoz~t a date, Th~s Resolution was duly
adopted (~)~
End of hearings.
DELIBERATIONS/POSSIBLE DECISIONS. continued:
Continued Deliberations (No action taken at this time on the followino):
Jason Taeaart #5389. (Hearing concluded 9/25/03) Lot waiver request. Wabasso Road, Southold;
78-3-29. Board Members decided to hold on deliberations/decision until a written transcript of the
9/25/03 hearing was available next week, and possibly deliberate at the October 23. 2003 meeting.
Approvals with Conditions:
Kenneth and DorothyWoychuk ~5379. Shed location
G. Dieffenbach Jr. and C. Raia- Addition.
F. and A. VonZuben #5399. Arbor locations.
A. and L. McGowan #5384. Garage addition.
Aonrovals as Applied for:
Ellen Zimmerman #5391. ~3reezeway addition.
N. Bischoff and J. Winsch #5398. Addition.
Denial with Grant of Alternative Relief:
Kyle McCaskie ~5385.
Denials without Praiudice:
J, Boomer ;~L5392. Accessory garage height.
SPECIAL EXCEPTION - Notice of Incomplete Application forms were authorized, as prepared, to be used by
staff to streamline reviews regarding Special Exception applications. One form will be used for general Special
Meeting he ~1 O~ber 9, 2003
SouthOld ToWn Board of Appeals
CHAIRPERSON POSITION: Dudng the October 7. 2003 Town Board meeting, the Board of Appeals was asked
to submit a otter regarding the antcpated vacancy n the ZBA Charperson's position. The Board hbld a
teleconference w~th Memb'ar Homing, asktng~whether Board Member(s) ha,d an ~ntemst ~n filhng the Chatrpersons
position, which was expected to become effe(~tive al:iout O~:taber 21. 2003. ZBA Member Orlando and Member
Oliva both conveyed their interest. ZBA Membem unanimously agreed, and.Chairwoman Tortam was directed.to
send a reply to the Town Board indicating that Membem Orlando and Olive were both interested and qualified for
the Chairmanship. It was also requested that the pemon to be appointed as Chairperson remain the saree during
2004, wthout a change after having served for appmyjmately 'i0 weeks in 2003. Any change in 2004 would be
disruptive to the operatione and efficiency of the Department. The Board also requested that a letter be sent to
the Town Board confirming that the Board of Appeals gives full support with resoect th the pusition held by
Member Homing, unanimously recommending Member Horning's reappointmant for a five-year term on the ZBA.
PENDING INSPECTIONS/FILE REVIEWS: Bdef reviews of pending flies and general discussions by Board
Members followed. No action was taken at this time.)
Them being no other business properly coming before the Board at this time, the Chairwoman
declared the meeting adjoumed. The meeting adjourned at 8:12 p.m.
Respectfully submitted.
~ Einda Kowalski 10-14-03
Secretary, Board of Appeals
Approved for Filing
~ A~P~kI~ BOARD MEMBERS
Southold Town Hail
Gerard P. Goehr~ger. 53095 Main Road
~ Lydia A. Tortora P.O. Box 1179,
,~.~. George H~rning Southold, New York 11971-0959
Ruth D. Oliva, Ghairwoman ~tt ZBA Fax (631) 765~9064
Vrmcent Orlancto Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
Appl. No. 5399 - FREDRICK and ANTON IA VONZUBEN
Property Location: 1125 North Sea Ddve, Southold; Parcel 54-4-13
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 11
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 26,503 sq. ft. parcel has 100 ft,
frontage along North Sea Drive and 100.38 feet along the Long Island Sound. The
property is 260.69 feet deep along the east side and 269.36 feet deep along the west
side. The applicant's property contains a dwelling and a detached 23.3' x 25.3' garage
33 feet from the front property line at its closest point.
BASIS' OF APPLICATION: Building Department's June 23, 2003 amended Notice of
Disapproval, citing Sections 100-33C and 100-244 in its denial of a building permit to
construct an accessory arbor structure, as-built with a setback less than 40 feet from the
front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time wdtten and oral evidence were presented Based' upon all
testimony documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants are requesting approval of the as
built front yard location of an 8'3" open arbor structure 3.2' from the front property line
near North Sea Drive and 10.3 feet from the easterly 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 requested relief, without future replacement of the as-built arbor in the same
location, will not produce an undesirable change in the character of the neighborhood or
a detriment to nearby properties. The neighborhood is developed with homes and lots of
similar size which are located along the Long Island Sound, The applicant's 26,503 sq.
ft. lot contains a dwelling and accessory 23.3' x 25.3' garage situated in the front yard at
6 feet from the side line and 33 feet from the front property line, at its closest points. The
Page 2- October 9, 2003
AJ3p[. No. 5399 - F. and A. Von Zuben
54-4~13 at Southold
¥
arbor was planned by applicant only for aesthetics, as part of the landscape design,
without realizing that a permit was required. The pine trees along the street were noted
as in need of replacement. By this action, it shall be understood that this is a granted
with a time limitation for the "as-built" structure, and that when the arbor structure
becomes deteriorated and needs replacement, it shall not be placed in the same location
and shall be moved: at which time this vadance shall expire.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area varianc~e, because the arbor has already
been placed in its present location at 5.5 featr from the front lot line instead of the code
requirement.of 40 feet. ' The arbor is heavily screened on the south side and cannot be
.seen from the mad. App~cant has agreed to maintain er improve the evergreen buffer.
3. The vadance granted herein is substantial in relation to the code requirement. The
arbor is however heaviJy screened on the south side and~ cannot be seen from the road.
The evergreens will be maintained by applicants in good COndition as a landscape buffer
between the road and the garage.
4. The diffic_~.lty was self-created when the arbor was designed and built without a
permit and without conforming to the code setback requirements.
5. There is no evidence to suggest that the relief granted will have an adverse effect or
impact o[~ physical or environmental conditions in the neighborhood or district. It is
noted that the adjacent pr~,operty owner did submit a complaint that the applicants could
have requeSted a vadance first, before placing the arbor structure on the property.
6. Grant of the area variance is the minimum action necessary and adequate to enable
[he applicant to enjoy the benefit of an arbor structure, 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
balanci0g test under New York Town Law 267-B, motion was offered by Member eltra,
seconded by Member Goehringer, and duly carried, to
GRANT the vanance requested as shown on the survey prepared by Peconic
Surveyors, P.C. dated 12/16/98 amended 2/20102, and Plan S-1 prepared by
Condon Engineering, P.C. dated 11-28-2002, SUBJECT TO THE FOLLOWING
CONDITIONS:
(1) that the southeast side of the arbor be buffered by evergreens four feet from
the property line and be maintained at all times in good condition, and
. ,, ~ ;Page 3-octOber 9; 2003
AppL No, 5399 - F: and A. Von Zuben
54-4-13 at Southold
(2) that the arbor be removed after it becomes deteriorated or in poor shape: and
that it not be rebuilt or replaced in the same location.
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 Oliva (Chairwoman eft. 10-21-03), Member Tortora
(Chairwoman to 10-21-03)., Member Goehdnger, and"Member Orlando. (Absent was
Member Homihg.) This Resolution .
/~.~ / ~/03
Approved for Filing
APP~LS BOARD MEMBERS
~- ff__,~ Southold Town Hall
Lydxa A. Tortora~Chai~voman ~ ~ '~t/~) 53095 Main Road
Gerard P. Goehringer [~te~ P.O. Box 1179
v~-~.~ Southold, New York 11971-0959
George
Homing
Ruth D. Oliva~C~o~-~%~,. ,-~ ~o)xdo~,%.,.qOt~_,%,'~S",4~~'~l ZBA Fax (631) 765-9064
Vincent Orlando ~ Telephone (631_) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
Appl. No. 5385 - KYLE and LISA McCASKIE
Property Location: 1925Harbor Lane, Cutchogue; CTM 136-1-12
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 FAOTS/DESCRIPTION: The applicants' 20,299 sq. ft. parcel, shown on the
filed map of Eugene Heights, is a corner lot with two front yards, facing west at Harbor
Lane and south at Pierce Road, in Cutchogue. The property is improved with a 1 ¼
story frame dwelling with garage as shown on the June 15, 1999 survey prepared by
Joseph A. Ingegno, L.S., updated February 28, 2000.
BASIS OF APPLICATION: Building Department's April 17, 2003 Notice of Disapproval,
citing Sectio~ 100-244B. in its denial of an application to erect a fence along the front
yard areas for the reason that the fence exceeds the code's height limitation of four feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time wdtten and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct 6 ft. high solid
cedar fencing, with variables lengths noted as follows: (a) approximately 80 feet along
Pierce Road, (b) extending at the westerly end of the fence north 35+- feet tothe house
and (c) extending at the easterly end of the fence north 35+- feet (to the beginmng of
the side/rear yard). It is noted that the Zoning Code permits a fence height up to 6.5 feet
within side and rear yard areas, and it is only the front yard areas that were noted in the
Building Department's Apd117, 2003 Notice of Disapproval.
ADDITIONAL INFORMATION:AMENDED RELIEF: During the September 25, 2003
public hearing, the applicants were requested to increase the setback of the fence to a
minimum of five feet off the property line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and }ersonal inspections, the Board makes the following findings:
I~age 2 - October 9, 2003
Appl. No. 5385 - Kyle and Lisa McCaskie
'136-1-12 at Cutchogue
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 indicated that he
and his family are in need of a privacy fence at their 3ome in Cutchogue, Which faces a
westerly direction (Harbor Lane) and which is a corner lot facing two streets. After
discussions at the headng, the applicant agreed to locate the fence, with its beginning
point in line with the rear comer of the home and running the remaining distance (depth),
approximatel~ 30 feet to the north, leaving a minimum 5 fi, setback from the property
lin~
2. The benefit sought by the applicant cannot be achieved by some method, feasfble for
the applicant to pursue, other than an area variance. The tot is on a comer with sides
exposed to the streets. The opposite (northerly): side of the home is a side yard facing
the neighboring residence. It is also ,noted that t, here was no concerns or input offered
from any of the neighboring landowners regarding the additional 2' of fence height.
~' 3. The difficulty was self-created when the dwelling was built with two yards facing the
..~ street areas.
4. There is no evidence that the grant of the relief will have an adverse effect or impact
on physical or environmental conditions in the neighborhood or district. The area
consists of cider residential developments and described properties with substandard
lots.
6. Grant of the alternative relief is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a privacy fence, 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
Goehringer, seconded by Chairwoman Tortora and Member Orlando, and duly carried,
to
DENY the location of the 6 ft. high fence along the front property line, as applied
for, and to
GRANT Alternative Relief to locate the 6 ft. high fence at a minimum of five feet
Page 3 - October 9.2003
Appl. No. 5385 - Kyle and LisaMcCaskie
136-1-12 at Cutchogue
Off the front southerly property line (at Pierce Road).
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
(Absent was Member Homing.) is Resolution was duly adopted (4-0).
Approved for Filing
/ ~.'/,~Z /03
~ AP~'EALS BOARD MEMBERS ~ Southold Town Hall
Lydia A. Tortora, Chairwoman ~ 53095 Main Road
~ Gerard P. Goehringer P.O. Box 1179
George Homing Southold, New York 119714)959
..... Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando Telephone (631") 765-1809
http://southold*own.norchfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
ZBA #5398 - NORAH BISCHOFF and JANE WINSCH
Property Location: 425 King Street: Orient; CTM Parcel 1000-26.-1-28.
SEQRArDETERMINATION~ 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 10,890 sq. ft. lot has 65.67..ft.
frohtage alotig thle north side of King Street and 73.83 feet along the south side of Navy
Street, and a lot depth of 208.50 feet along the westerly side property line. The property
is impro, ved with,a, tWo-stQry frame dwelling with existing nonconforming setbacks at: (a)
1~0 f~et from the:S0utherly'front property li~e along King Street, (b) 6 feet at the easteHy
side, and (c) 13 feet atthe westerly side, as shown on the May 28, 1965 survey
prepared by Roderick VanTuyl, L.S.
BASIS OF APPLICATION: Building Department's June 13, 2003 Notice of Disapproval,
citii~g Sections 100-242A and. 100-244B, in its denial of a building permit application for a
pr, og?sed addit o~ ,tO the ~xJstin§ dwelling that will be less than 10 feet from a single side
yar.d.'iand less th~ar~ 25 feet for total side yards. The Buiding Department has also
determ ned the~lo,~covera§e to be conforming at 20 Yo of the tote ot s~ze,
FINDINGS OF FACT
The Zoning Board. of Appeals helda public hearing on this application on September 25,
2003. at Which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct additions with
alterations to the existing dwelling. The applicant's diagram, prepared by mark
Schwartz, Architect, indicates a proposed 5'6" x 15' one-story bedroom addition at the
northwest corner of the house, maintaining the existing/-13 ft. side yard and +/-19 feet.
total side yards.
REASONS FOR, BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
Page 2 - October .9, 2003
ZBA #5398 - N. Bischoffand J. Winscl~
26,-1-28 at Odent
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 proposed new
construction is for a 5'6' addition which will maintain the existing side yard requirements.
There is no encroachment into the side yard setbacks.
2. The benefit sought by the applicant cannot b.e achieved by some method, feasible for
the applican/: to pursue, other than,ar) area variance. The applicants' home~bas existed
in i,ts present loCafior~,for mahy yea~s With the existing Side yard of 6 feet on theeast side
and 13 feet °n the v;e~t side, and a's ,such, almost, any e'xpansJonwould require relief
under the setback requirements.
3. The variance granted herein is not substantial because the amount of square footage
necessary for a bedroom e ~xpansion is minimal at 82.5 s~q,. ft., with little or no effect to
adjacent area~.
4. The~ djff~uJty was ,self-created when the addition was planned and~.designed without
cor~fo~ming to t~e curreht Town Code requirements. ~'~'
5. There is no evidence that the grant of the relief requested will have an adverse effect
or impact on phy.sical,o.r environmental conditions in the neighborhood or district. After
Careful revibw, it'was' determined that many of the homes in the immediate area have
similar side yards, aqd the grant of the variance requested ,w II not alter the essenf~ial
character of the are~ or adversely impact the conditions in the neigh'borho0d. There
also was no obje~;tiiSni~rom nearby andowners w th respect~t(~ the variance relief,
6. Grant of the relief requested is the m~n~mum action necessary and adequate to enable
the applicant to enjoy the benefit of a small addition, while preserving and protecting the
character of the neigt~borhood and the health safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying t~e
balancing Lest under New York Town Law 267-B, motion was offered by Memlder
Goehdnger, seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for and shown on the diagram prepared by Mark
Schwartz, Architect with a ZBA date stamp of August 7, 2003 and hand-drawn
copy of a surv,ey map with a ZBA date stamp of June 26, 2003.
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~;l
Page 3 - October 9, 2003
ZBA #5398 - N. Bischoff and J. Winsch
26.-1-28 at Orient '~ ~
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), G0ehdnger, Orlando, and
Qliva. (Absent was Member Horning.) This Resolution was d?ly_.~ .~4-0).-
ydia ,,~q ormra, ~,ct~g Chairwoman 1
Approved for Filing
APPEALS BOARD MEMBERS Sbuthold Town Hall
Lydia A. Torto~ta, Chairwoman 53095 Main Road
Gerard E Goehringer ~. I P.O. Box 1179
George Homing k~'~.~ Southold, New York 11971-0959
Ruth D. Oliva ZBA Fax (631) 765-9064
x~l Telephone (631~ 765-1809
Vincent
Orlando
http: houtb, oldtown.nor thfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
App[; No. 5392 - JAMES BOOMER
Property-Location: 800 Saltaire Way~ Mattituck; CTM 1000-100-1-33
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the propergt~under
consideration in th ,s application and determines that this review falls under the Type, II
· categorY Of thb:Statefs List of,Ais[ions without an adverse effect on: the env[ronm~ht if
the pi-oj~ct is impiemented as planhed
PROPERTY;FACTS/DESCPdPTION: The applicant's 20,000 sq. ft. parcel, shown on the
~ed rf!~p of Saltaire Estates~ as Lot 31, has 100 ft. frontage along the east s{de of
altaire Way in Maffitbck. The property is improved with a two-storyframe dwelling wi!h
deck,an:d accesso~ garage ,b. uildi~g. The existing dwelling is 65.1 feet from the front !bt
line, a ?1gl Saltaj~:~ 'Wa~; and,has ~ide yard setbacks at 15 feet on the north side and 35
feet oh'~h~ So~th ~ide~ 'a~ i~hown On the survey prepared by Howard Wl Young; L.!S,
dated ~ 97~.
BAS,18 OF APPLICATION: Building Department's March 26, 2003, amended May 16,
!002~ and upda~egi Juice 9 2003: Notice of Disapproval, citing Section 100-33A, in
,erii~l 0f'.a 6dilding;.permit application for a proposed accessory garage exceeding tile
~o~te~iimifation of 18!¥eet in height.
FINDINGS OF FAG7
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003. at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a detached 32'
x 28' garage in the tear yard as shown on the June 1, 2003 and June 2, 2003 floor pla~s
and June 2, 2003site diagram drawn by M. Hand, stamped by James J. Deerkoski, P.E.
The height of the garage is proposed at a mean height of 20'10" and at a total height to
the top of the ridge of 24'9½"
REASONS FOR'BOARD ACTION: On the basis of testimony presented, materials
submitted and pemonal inspections, the Board makes the following findings:
1. The applicant requests a new two-story 28 ft. x 32 ft. garage, with 898 sq. ft. on the
first floor, approximately the size of a small principle structure, and at a mean heigt~t of
Page 2 - October 9, 2003
A,3pl. No. 5396 -J. Boomer (GarageNariance)
- 54.-1-32 at Mattituck
approximately 21 ft. and 24 ft. 9¼ in. to the ddge. The proposed height is three feet
taller than the 18 ft. maximum height allowed by Town Code for an accessory building.
The granting of this variance will produce an undesirable change in the character of the
neighborhood, and will. be a detriment to nearby properties, becatJse the garage
designed by applicant requires a height, variance for'three additional fee~ ~and for~a
second st(~ry, which, if granted, will result n a substantia~l structure that will be
uncharacteristic for the neighborhood.
2..T-be b~nefit soug~ by, the applicant can be achieved by some..other meth(~d, feasib~le
for the~ apl~ cant to ~urs~e, Other than an area vadance A neW-g~ragecan be deSigned
by applicant that ,will provide the necessary space for the customary use of this type of
accession: buildir~g, ~thout a variance, b~/ meeting the ~ ft: ~,~a~.imum, .height
reqa~m~n~: ~'~;n~,C~de; or by adding, the garac~e as. an~diti~r~it0 th/e principal
bu ~l.~g ~the ~ppli6a~ ~welling). ,.
3~ ,~,T~e~[~q~e.d vat, lance, is' substant al The proposed he~g~ of th,,e, gara~g?, if bu
wou d, xceefl t ~18; ,heig~ht m tat on as an accessory, b~ Id ~¢3! (~w,e,d ~Y Town Co~e
Sec[[oi~ 10(~-3~A~' by approximately 17% and will be addigg ~ seco: nd~-story. ['If ..~
conStru~;~ the bud ng Would resemb e another pr ncipal ~rdcture rather than an
accessory.,bad~. ~nc~J.
~ Thee pr(~pos~e~ varianca w have an adverse effect or mp, act, on the physical or
envitonmen~ c~¢ tior)s n the ne ghborhood or d strict because w~th a height of 20 10,
and total hbig~,,~f at .least 24'9W', this garage will cause the a¢l~libant's residen.~,'~al
parcel t(~ apl~ea~,~) contain two principal buildings, rather than only ode pdhcipal bulldihg
~'equired~by4' [he Z*o~ing Code.
5. ~,~.e d~,cu[t~ was self-created when a new accessory garage was planned and
des'gr~ed~,at,~ h¢i~(Jbt that does not conform to the Code requirement.
RESOLUTION. OF THE BOARD: In considering all of the above factors and applying the
balanci~qg test ~.~idder, New York Town Law 267-B, motion was offered by Member
Tor~ora, secon~ ;bY Member Oliva and duly carried to
DE.N,,Y the vanance as applied for.
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,
Page'3 - October 9. 2003
Apph No. 5396 - J. Boomer (GamgeNariance)
- 54.-1~32at Mattituck
setbacks and other features as are expressly addressed in this action.
Vote of the E~oard: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and
Oliva. (Absent was Member Homing.) This Resolution was duly adopted (~-. 0~.
Lydia A..T_,pt[ora 1
Approved for Filing
APPEALS BOARD MEMBERS ~,~,~ Southold Town Hall
Lydia A. Tortora, Chairwoman (~j 53095 Main Road
(~ Gerard P. Goehringer ~ P.O. Box 1179
George Homing Southold, New York 11971-0959
Ruth D. Oliva ~e,~'~ ZBA Fax (63!) 765-9064
Vincent,Orlando '~ Telephone (63t) 765-1809
httpu/somholdtown.nortlffork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
ZBA'#5378 - JOHN CASILLO
Property Location: 360 Wiggins Lane, Greenport
CTM #~000-35-4,28.33.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this '~pplicatioh and determines that this review falls under the Type II
c~tegdry of'the State S List Of Abtions, without an adverse effect on the env ronm~n~ if
the i~roject is implb'mented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's +/- 21,900 sq. ft. parcel, shown as
Lo!, 20. On the Map of, Fordham Acres, Section 2 has 135 ft. frontage along the north si~.e
of Wiggins [:.~ine arid 157 25 frontage along the existing bulkhead (at Fordham canal).
The let is improved with a variable 1¼ story/I-story frame dwelling with garage with the
foll,owiDg setbacks: (a) +[-52 feet from the bulkhead along Fordham Canal, (b) 51 feet
frd~ ~he front: Io[ line~-along W!ggins Lane (c) 26.1 feet on the northerly side line; ~d)
40 feet from the S6~the~ly S~de line, as shown on the DeCember 12, 1999 survey
prepared by Rampart Surveying, P.C.
BASIS, 'OF;APPLICATION Building Department's December 29, 2002 Notice of
Di'sapproval,,'citing Sectibns 100-30A.4 and 100-33C, in its denial of a building permit
applidati0n .t~ Oca~te,a prdposed sw mm ng poe n a yard other than the code requ red
rear'yacd.
FINDINGS OF FACT
The Zoning; Board of Appeals held a public hearing on this application on September 25,
2003, at v~ich ti~e written and oral evidence were presented, Based upon all
testimony, aocumentation, 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 locate an in-ground, 16'
x 32' Vinyl pool in' the westerly side yard next to the dwelling. The swimming pool is
proposed 12 feet and 17 feet at the opposite end, at its closest points to the west side lot
line, and 53 feet from the front lot line along Wiggins Lane.
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. The swimming pool will be
Page 2 - October 9, 2003
ZB #5378 - John Casillo
35.-4-28.33 at Greenport
centered between the side property line and the house, with setback variables from the
westerly side between 12 and 17 feet. The pool will be located at least 64 feet from
Fordham Canal, and a sandy beach area exists in the yard area between Fordham
Canal and the applicantS' house. The house is 53 feet from the town street, which would
not allow enough room for a swimming pool. The location request for the pool will be
fenced and substantially screened 'n accordance with the Wilcenski landscape plan
dated 4-I1-03.
2,. iThe benefit sought by the applicant cannot be ach eved by some method feasible
th~','applicant' to pursue, other than an area variance, The house has a fron;~ ya~
S~tlJa~k of 53 fe~t, and limited yard area at the rear of the house which contai~s,a
bulkhead and sandy beach area. These yards do not provide an available space to fit a
sv~imming pool structure.
3. ~variance requreste,d is substantial because accessory bud ngs are not authorized
u.r~der'~e provisions of~he zoning code n a side yard area.
4. The. difficulty was self-created when the swimm ng pool was planned in a yale
IoCatioh :{hat does not conform to the current Town Code ~'equirements.
5. There ~s no evidence that the grant of the relief requested will have an adverse effect
or impact on physical o[' environmental conditions n the neighborhoo,d or district. The
pool Will be located at least 64.5 feet from Fordham Car~aL The applicants have
obtained, adthorization dated January 22, 2003 from the Southold Town Board of
Trustees (Perm t ;~L5690) ~nd from the NYS Department of Environmental Conservation
dated December 18, 2002 under the Wetland Ordinances pertaining to the proposed
swimming pool (Permit #1-4738-02887/00004).
6. Grant ,of' the relie[ requested is the m~nimum action necessary and adequate to
enabe, . .the appicant toenjoy the. beneft of a swmmng poo_ whe preservng and
pr(Jtecting,the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION OF THE BOARD: In considering all of the above fac[ors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Orlando, seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for, and landscaped in accordance with the 4-11-
2003 Landscape Plan prepared by Susan W. Wilcenski.
Page 3 - October 9, 2003
ZB ¢¢5378 - John Casillo
35.-4-28~33 at Greenport
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 (Charwoman), Orlando and Oliva,
NaY: Member G.Oehrnge~ Statng that in his opinion a bulkhead should be placed
between the pool and the sandy beach area which is south of the existing canal-front
bulkhead). This Resolution was duly adooted ('3-1); (AbSent was Member Horning, of
FiShers island;)
Lydia A.
Approved for Filing
· APPEALS BOARD MEMBERS
Southold Town Hall
Lydia A. Tortora, Chairwoman 53095 Main Road
Gerard P. Goehringer P.O. Box 1179
George Homing ~.~ S outhold, New York 11971-0959
Ruth D. Oliva ~.~/,~. ZBA Fax (631) 765~9064
,,~ Vincent Orlando ~ Telephone (631) 765-i809
http://southoldtown.nor thfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
Appl. No. 5379 - KENNETH andDOROTHY WOYCHUK
P.roperty Location: 5807 Westphalia Avenue. Matti~uck;; Parce~ 1000-113-12-6.
SEQRA DETERMINATION~ The` Zo0ing Beard of Appeals has vis, ired the property under
consideration in this application arid determine~ that, this revieTM falls under the Type II
category of the State's List of Actions', w thout 'an a~lv~se effect on the env ronment f
the ~roj~ct !s implemented as, pla~0ed.
PROPERTY FACTS/DESCRIPTION: The applicants' 87,466 sq. ft. parcel has 272.93 ft.
~[ontage a!0nga priv. ate right~ofTway off Westphalia Road in Mattituck. The property is
i~nproved With a sing!e-family, tWb4toi'y frame dwe lng w th accessory garage n the rear
yard and as-built accessory shed.
( BASIS OF APPLICATION: Building Department's March 25, 2003 Notice of
~ Disapproval. citing.Section 100-33, in its denial of a building permit application for an "as
built" location of an accessory building ~n area other than required rear yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the side yard
location of their as-built, 12' x 16' shed at +/0 115 ft. from the westerly front property line,
11.2 feet from the northerly side line. and 20.9 feet from the easterly lot line, al its
closest points, as shown on the April 21, 2000 survey, revised 7-2-02, by Kenneth M.
Woychuk, L.S.
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 chaCacter
of the neighborhood or a detriment to nearby properties. Applicant indicated that he
was given the present shed as a gift from a friend, unaware that after plating the shed in
its present location that he had a yard violation of the zoning code. At the hearing, the
( applicant was asked if he could move the shed to a conforming location, and he replied
.....¢ he could, but the rear yard was totally landscaped, and it would disrupt much of the rear
Page 2 - October 9, 2003
ZB ~5379 - K, and D. Woychuk
113.-12-6 at Mattituck
yard landscaped if it were to be moved· After inspection and testimony from the
applicant, it was decided that if the applicant installed a landscape buffer on both the
neighbor's side to the north and the side facing the right-of-way, the approval of the as-
~built ocation of the shed would not mpa.ct ether the immed ate ne ghborhood or distr ct
2. The benefit sought by the applicant cannot be 'achieved by some meth~od; feasible for
the applicant to pursue, other than an area variance, -[he shed, was bui t in its. present
Iocat0n~, and-the landscaping cbmpeted, and there are other-.sheds a d garages in
s~m~ ar yard locations m the ~m. m~ed~ate neighborhood.
3. The vadaece granted herein is substantial because the code requires accessory
buildings t~) be located-in a. rear yard, rather than a side yard, as. built.
5. The d ffi'culty was seit'-c,reated when the shed was p armed Ih its present location
W thout conformity torte Current Town Code requirements,
6 There is no e¥idence that the grant of the relief requested will have an adverse effect
0~' mpact on physical o.? e, nvir°nr~enta cond tons in the neighborhood or district. The
applicants' property is ~n a pryate right-of-way which services only a few parcels. Ti~e
landowner closest to th~'shed is to the north, who did not voice an objection or concerns
at the hearing or in the record· The. buffer of evergreen screening will lessen any
possible impact of this 10' x 12' shed at 11.2 feet f~om the closest side lot line.
7. Grant of the relief recuested is the minimum action necessary and adequate to enable
the app cant to enjoy 'the, benefit of a shed wh le preserv ng and protect ng the
character of the ne ghborhood and the hea th, safety and we fare of the community.
RESOLUTION OF THE BOARD: In considedn§ all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Orlando. seconded by Menlber Goehringer, and duly carded, to
GRANT the variance as applied for, as shown on the survey prepared by
Kenneth M W0ychuk, L.S. revised 7-2-02, subject to the condition that the north
and west sides of the shed be landscaped with evergreens.
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 Cede, other than such uses,
Page3 - October 9, 2003
ZB #5379 - K. and D. Woychuk
13.,12-6 at Mattituck
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 adoptS; (4-0).
Lydia A. To, Kbra, Acting Chairwoman
Approved,for Filing
APPEALS BOARD MEMBERS ~~~ Southold Town Hall
Lydia A. Tortora, Chairwoman ~ 53095 Main Road
Gerard P. Goehringer P.O. Box 1179
George Homing Southold, New York 11971-0959
Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando Telephone (631) 765-1809
t~trp:dsoutholdtown,nor th£ork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
Appl. No. 5254 - Nicolo and Caroline DiBartolo
Property Location: 475 Condor Court (extends off the east side of North Oakwood Rd),
Laurel; Parcel 1000-127-3-6.2.
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 as an accessory use.
PROPERTY DESCRIPTION: This applicant's property contains 40,000 sq. ft. of area as
shown on the November 22, 2000 survey, revised January 16. 2001, by Joseph A.
Ingegno, L.S. The property is improved with a 1-1/2 story frame house and recent 2nd-
story addition. The property is accessible from Condor Court over the applicant's
contiguous 17-acre lot.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 17, 2003
and August 21 2003, at which time wdtten and oral evidence was 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:
REQUEST MADE BY ,APPLICANT: Applicants. as the owners and residents of the
existing dwelling, request a Spedal Exception under Article III, Sections 100-30A.2B and
100-31B, sub-sections l~a-d of the Southold Town Zoning Code for an Accessory Bed and
Breakfast, accessory to the owner's occupancy in this single-family dwelling, with up to
three (3) bedrooms for lodging and serving of breakfast to not more than six (6) casual and
transient roomers, incidental and subordinate to the principal use of the dwelling.
REASONS FOR BOARD ACTION. DESCRIBED BELOW: After hearing testimony,
reviewing submitted materials and making personal inspection of the property, the Board
has considered the general standards set fourth in Code Section 100-263, and finds and
determines the following.
1) This use as requested ~s reasonable in relation to the Distdct in which is located,
adjacent use districts and nearby and adjacent residential uses.
Page 2 - October 9, 2003
AppL No. 5254 - N. and C. DiBar[olo
127-3-6.2 at Laurel
(
A-The proposed bed-and-breakfast accessory use will not prevent the orderly and
reasonable use of adjacent properties, or properties in adjacent use districts, or of
permitted or legally established uses in its zoning district or adjacent use districts.
B-The safety, heath, welfare, comfort, convenience and order of the town will not be
adversely affected by the proposed accessory Bed and Breakfast use and its location.
C-The structure will be readily accessible for fire and police protection as evidenced in
a letter addressed to the Board of Appeals from the Mattituck Fire Dlstdct dated October 2,
200&
D-The proposed use will be in harmony with, and promote the general purpose and
intent of, the zoning code and will be compatible with the residential neighboring areas and
with the character of the community fn general.
2) The Special Exception is for approval of the Bed and Breakfast as an accessory use
incidental to the applicent-owner's residence in the single-family dwelling and will not
prevent the orderly and reasonable use of adjacent properties and the use has adequate
parking and available open space.
3) This accessory use will not prevent ordedy and reasonable uses proposed or existing in
adjacent residential or agricultural use districts.
4) No evidence has been submitted to show that the safety, health, welfare, comfort,
convenience, or order of the town would be adversely affected by this accessory bed-and-
breakfast use. The accessory use ~n the dwelling is required to meet New York State
Building Code requirements, before issuance of a Certificate of Compliance for occupancy
will be issued by the Building Inspector.
5) A bed-and-breakfast is an accessory use in conjunction with the owner's residence, and
is authorized under the zoning code (subject to a Special Exception rewew and approval
by the Board of Appeals) and a Certificate for Occupancy from the Building Inspector for
other safety and health regulations.
6) No adverse conditions were found after considering items listed under Section 100-263
and 100-264 of the Zoning Code.
BOARD ACTION/RESOLUTION: In considering ali of the above factors, the following action
was taken:
On motion by Member Tortora, seconded by Member Oliva, it was
'I ~¢ Page 3 - October 9, 2003
I Appl. No. 5254 -N. and C. DiBartolo
I 127'3-6.2 at Laurel
RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as
descnbed above, SUBJECT TO THE FOLLOWING CONDITIONS:
1) A minimum of five (5) parking spaces shall be provided on the applicant's property as
shown on the survey with sketched-in parking area (three for the Bed and Breakfast Use
and two for the single-famiJy dwelling).
2) Applicant-Owner shall occupy the dwelling as his/her principal residence.
3) This Special Exception is authorized by the Beard of Appeals solely for an Accessory
Bed and Breakfast in conjunction with the owner's residence and ownership, and does not
include use of the property and buildings for any other use or purpose.
4) The owner-applicant shall obtain a B&B permit from the Town of Southold Building
Department as required by Code Section 100-31 (b)(14).
5) A flexible chain ladder shall be placed next to each guest bedroom window for
emergency access purposes.
6) The improvements required by the Mattituck Fire Distdct letter dated October 2, 2003
shall be installed.
7) The Board reserves the right to annual inspections to this property for safety and
permanent maintenance of the access requirements, without disrepair or damage.
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. (Nay:
Member Goehringer). (Absent was: Member Homing of Fishers Island.) This Resolution
was duly adopted (3-1).
Lydia A. Tortor~cting Chairwoma~ ~ 0!/~'/03
Approved for Firing
' MATTITUCK FIRE DISTRICT
~.. PO BOX 666, PIKE STREET
MA TTITUCK, NEW YORK I1952~0666
office (63~) 298~8837
mattituckfd~peconic, net fax (63~) 298-884~
commissioners
JAMES D. ROACHE, Chairman John A. Keogh, Secretary
Martin L. Griffin, Vice Chairman Barbara Dickerson. Treasurer
Norman A. Reilly. Jr.
Timothy McGowan '--
Greg N. Tyler
/a
;. ,, .;:
t:':' 8z '"'" ~z.,,
October 2, 2003
Attention Lydia Tr,~ .om. ( ,k,, x, m~.,,,
Town of Southold/,,;fin,., IIo;:rd or.\p?..e:ds ~',
PO Box 1179
Southold, NY 11921-11
._~ Dear Chairwoman I
After making. __ an im.',cc:i,m, '. . o;'~hc uhoxe 'ncm r ,e.i ..pro',.',', ...~ c I, .'".:~'~f~e Eommissioners~ .,~ ;,~ of
the MattttuckFlr~ I )'qm': a'.2r,,e Ih., &'c,,s, i · [ , r._'cnc.~ rc<',,n.<' '~bwithin~?~ason.
Mr. DiBartolo ha< ,L: re,.';.! io ad.lrcs~ iv. o soft ,,'cas o, llx: dm c'.,.dZ, :vld re!u,>,. ,i; of one tree to
further improve the dd', ¢"~,2, lln cmcr',cn¢,. ~ d,,
With these impro', cm,'n:.- tile [IOal'd o['1 ire (i,,:mfis<h,:.,~., dclcr:n:ne l[I.II cm:,rgency response
access is within thc r.,u',,::cte~ > {,1' ,~:~2'~ ibr all
Very truly yours,
Copy: Attorneys Van Nostrand & Martin
Mr. & Mrs Nicolo DiBartolo
APPEALS BOARD MEMBERS ~11~.~¢.~ .~ Southold Town Hall
Lydia A. Tortora~Chairwoman ~ w~]~)~'~/-.~~I - 53095 Main Road
/~"' Gerard P. Goehringer
VincentGeorge HorningRuth D.orlandoOliva~o,d.~,~ ~ ~!W~ P.O. Box 1179
' Southold, New York 11971-0959
~o)~]o~,~ ~_~'~ ZBA Fax (631) 765-9064
~[~r~r Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003'
Appl. No. 5385 - KYLE and LISA McCASKIE
Property Location: 1925 Harbor Lane, Cutchogue; CTM 136-1-12
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review fal!s under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
lhe project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicants' 20~299 sq. ft. parcel, shown on the
filed map of Eugene Heights, is a corner lot with two front yards, facing west at Harbor
Lane and south at Pierce Road, in Cutchogue. The property is improved with a
story ['tame dwelling with garage as shown on the June 15, 1999 survey prepared by
Joseph A. Ingegno, ES., updated February 28.2000.
BASIS OF APPLICATION: Building Department's April 17, 2003 Notice of Disapproval,
citing Section 100-244B, in its denial of an application to erect a fence along the front
yard areas for the reason that the fence exceeds the code's height limitation of four feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct 6 ft. high setid
cedar fencing, with variables lengths noted as follows: (a) approximately 80 feet along
Pierce Road, (b) extending at the westerly end of the fence north 35+- feet to the house
and (c) extending at the easterly end of the fence north 35+- feet (to the beginning of
the side/rear yard). It is noted that the Zoning Code permits a fence height up to 6.5 feet
within, side and rear yard areas, and it is only the front yard areas that were noted in the
Building Department's April 17, 2003 Notice of Disapproval
ADDITIONAL NFORMATION:AMENDED REL EF: During the September 25, 2003
public hearing, the applicants were requested to increase the setback of the fence to a
minimum of five feet off the property line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
Page 2- October 9, 2003
Appl. NO. 5385 -Kyle and Lisa McCaskie
136-1-12 at Cutchogue
I. 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 indicated that he
and his family are in need of a privacy fence at their home in Cutchogue, which faces a
westerly direction (Harbor Lane) and which is a corner lot facing two streets; After
discussions at' the hearing, the applicant agreed to locate the fence, with its beginning
point in line with the rear corner of the home and running the remaining distance (depth),
approximately 30 feet to the north, leaving a minimum 5 ft. setback from the property
line.
2, The benefit sought by the applicant cannot be achieved by some method, feasible for
~e applicant te pursue, other than an area variance. The lot is on a corner with sides
exposed to the streets. The opposite (northerly) side of the home is a side yard facing
the neighboring residence. It is also noted that there was no concerns or input offered
from any of the r~eighbodng landowners regarding the additional 2' of fence height.
3. The difficulty was self-created when the dwelling was built with two yards facing the
street areas.
4. There is no evidence that the grant of the relief will have an adverse effect or impact
on physical or environmental conditions in the neighborhood or district. The area
consists of older residential developments and described properties with substandard
lots.
6. Grant of [he alternative relief is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a pdvacy fence, 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
Goehringer, seconded by Chairwoman Tortora and Member Orlando, and duly carried,
to
DENY the location of the 6 ft. high fence along the front properzy line, as applied
for, and to
GRANT Alternative Relief to locate the 6 ft. high fence at a minimum of five feet
Page 3 -- October 9, 2003
AppL No. 5385- Kyle and Ljsa McCaskie
136-1-12 at CutchOgue
off the front southerly property line (at Pierce Road).
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
Member Horning.) T is Resolution was duly adopted (4-0).
Oliva. (Absent was ~r i~lin,~
~,.. App "g
/ ~/¢'//03
Lydia A. Tortora, Chairwoman 53095 Main Road
,~"' Gerard P. Goehdnger P.O. Box 1179
%_ George Horn/rig Southold, New-York 11971-0959
Ruth D. Oliva ZBA Fax ('631) 765-9064
Vincent Orlando Telephone (631) 765-1809
lattp://southoldtowmrtorthfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD
FINDINGS. DELIBERATIONS AND DETERMINATION 0CT~] 7/_UO,~'~'~i~'~)
MEETING OF OCTOBER 9, 2003
ZBA#5396 - CRAIG RAIA and GERALD J~ DIEFFENBACH. JR. '~nth01~ TOwn (:terk
Property Location: 2175 Hyatt Road~ Southold; Parcel #54-1:32.
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 I1
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 applicants' property is an irregular shaped! lot
of approximately 10,105 sq. ft. in size, located along a private road referred to as Hyatt
Road, in Southold. The property is ~mproved with a one-story frame dwelling with
dormer at approximately 9' feet from the side property line and 25+- feet from the front
porch, to the front lot line along the private road, as shown on the August 31, 1976
survey prepared by R0dedck VanTuyl, P.C.
BASIS OF APPLICATION: Building Department's June 20, 2003 Notice of Disapproval,
citing Sections 100-242A and 100-244 in its denial of s building permit application for
raising, tile roof line of the existing dwelling in areas that presently do not meet the code
required minimum front and rear yard setbacks at 35 feet and a minimum single side
yard at 1Ofeet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a new addition
with alterations to the existing dwelling. After removal of the existing front roof and rear
dormer and other alterations, the new raised roof line will be increased by approximately
four feet, and a new "look-out platform" added, all as shown on the site plan and floor
plans prepared by Regi Weile, Architect with a ZBA date stamp of June 24, 2003.
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. The neighborhood is
Page 2 - October 9, 2003
ZBA5396 - C. Raia and G. Dieffenbach
54.-1-32 at Southotd
developed with similar structures. The applicants' property is nonconforming with a lot
size of only 10,105 sq. ft., and the existing dwelling is one-story height with
nonconforming setbacks. The addition will maintain the same existing setbacks, and the
applicant will be bumping out the dormer and raise the roof an additional four+- feet and
will add a lookout platform at a height no higher than the dage of the new proposed roof.
2. The boner"it sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance~ The existing dwelling has a front
yard se';~back of 25+- feet to the porch, 30 feet to the foundation of the house, a rear yard
of 15+- feet and~ingle ~ide yard of +/-9 feet. The setbacks will remain ~he same after
construction. OnlY, the r~of ~ill be raised by fOUr feet:.
3. The variance granted herein is not substantial i~ relation to the code requirement.
The setbacks ~vill remain the same after construction, and only the volume of the roof will
be raised by an additional four feet.
4. The difficulty was self-created when the addition was planned and designed without
conforming to the current Town Code requirements.
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 distdct.
6. Grant of the relief requested is the minimum action necessary and adequate to
enable the applicant to enjoy more living space aha a lookout 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 267-B, motion was offered by Member Ohva,
seconded by Member Goehringer, and duly carried, to
GRANT the variance as applied for, as shown on the site plan and floor plans
prepared by Regi Weile, Architect with ZBA date stamp of June 24, 2003,
a
WITH THE CONDITION That the maximum height shall be limited to 35 feet to
the top of the ridge with the new observation deck.
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,
Page 3 - October 9~ 2003
ZB¢~5396 - C. Raia :and G. Dieffenbach
54,-1-32 at Southold
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 du~Ly*dnn.~ted (4-0).
I_ydi~ Tortom '1
Approved for Filin~
2 ~PEALS BOARD MEMBERS
Southold Town Hall
Lydia A. Tortora, Chairwoman 53095 Main Road
~ Gerard P. Goehringer P.O. Box 11,79
/ George Homing Southold, New York 11971-0959
"--" Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando Telephone (631) 765-1809
http://southoldtown.nor thfork.net
BOARD OF APPEALS
TOWN OF SOLTTHOLD ~CEIVED
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003 OCT
Appl. No. 5384 - ANDREW and LOIS McGOWAN
Property Location: 13350 New Suffolk Avenue, Cutchogue S0~hold~ ]~0wn Clerk
CTM #116;6-19.2 + 20.1 (combined as one).
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 applicants' 97,378 sq. ft. parcel is located
along the south side of New Suffolk Avenue in Cutchogue and is improved with a two-
storY; single-family dwelling as shown on the survey dated August 26, 2002, prepared by
John C: Ehlers, L.S. and May 9, 2003 site plan prepared by Fairweather-Brown Design
Associates, [nc
BASIS OF APPLICATION: Building Department's May 14, 2003 Notice of Disapproval,
citing Section 100-30A.3, in its denial of a building permit to construct a proposed garage
addition to the existing single family dwelling with a front yard setback at less than 50
feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public headng on this application on September 25,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zen ng Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a 26.2' x 28'
garage addition at the northerly side of the existing dwelling, with a setback at 44'4" from
the 15' wide traveled roadway which bisects the property adjacent to the tidal wetlands
on the northerly portion of applicant's property.
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 wilt not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Applicants will be removing the
existing garage located at 27'9" from the private roadway, and building a new garage as
an addition to the house at 44.4 feet from the private roadway. The dwelling exists at
Page 2 - October 9; 2003
ZBA #5384- A. and L. McGowan
116-6-19.2 and 20.1
90+- feet at its closest point to Peconic Bay (high water mark), at least 70 feet from the
private roadway, and at least 125 feet from the Town Street (New Suffolk Avenue). Tidal
~/e;dands are adjacent to the north of the roadway, and the existence of a ~reveled 15-ft.
wide roadway, through the center of the proper[y, in addition to the Street frontage. The
proposed location of a new garage, after removing the existing detached garage, will
ir~crease the setbacks to the private roadway and will be designed to blend with the
amhiteoture of the house.
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 roadway is used as access
fr'ohl NeW Suffolk Avenue by the adjacent landowner and by the applicants, and not as a
public thb;roaghfare or'street.
3. The'relief requested not substantial. The 4.6 ft. variance is minimal and permits a 5.6
ft. reduction in the Code required 50 ft. minimum.
4. The difficulty was self-created when the garage addition was planned without
conforming to th.e current Town Code front setback requirement.
5. There is no evidence'that the grant of the relief requested will have an adverse effect
or impa~ct on physical or environmental conditions in the neighborhood or districL The
applica.n~ts have obtained Permit #5641 under the Wetlands Ordinance from the
Southold Town Trustees dated October 16, 2002, and Permit #1-4738-00913/00009
from the New York State Department of Environmental Conservation dated February 13,
2003.
6. Grant of the relief requested is the m~n~mum action necessary and adequate to
enable the applicants to enjoy the benefit of a new garage/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
Orlando, seconded by Member Oliva, and duly carded, to
GRANT the variance as applied for and shown on the May 9, 2003 site plan
prepared by Fairweather-Brown Design Associates, Inc., ~Vith the 'CONDITION
that the existing detached garage be removed as plsnned, and that the
landscape around the old garage be graded and replanted prior to
ZBA #5384- A. and L. McGowan
116-6-19.2 and 20.1
issuance of a Certificate of Occupancy by the Building Department.
This a~[o.n does not authorize ar 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 andother features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger, Orlando, and
Oliva.. (AbsentWas Member Horning.) This Resolution was duly ad. opte~L(4-O-)~
Approved for1=iling
APPEALS BOARD MEMBERS Southold Town Hail
Lydia A, Tortora, Chakwoman ~ 53095 Main Road
~ Gerard P. Goehringer ~tQ.I P.O. Box 1179
George Homing ~'~j~l~'~ Southold, New Yorl~ 11971-0959
Ruth D. Oliva ~'~lOt~ ZBA Fax (631) 765-9064
Vincent Orlando ~ Telephone (631't 765-1809
http://southoldtown.nor thfork.net
BOARD OF APPEALS REC~EIVED
TOWN OF SOUTHOLD ~_~. ~
FINDINGS, DELIBERATIONS AND DETERMINATION 0CT--] 7 2003
MEETING OF OCTOBER §, 2003 ~,,~,.
~3OUlhold Town Clerk
Appl. No. 5391'- ELLEN D. ZIMMERMAN
Property Location: 500 South Lane, East Marion; CTM 1000-38-6-11
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 +/-12,000 sq. ft. parcel has 67.34
ft. frontage along the south side of South Lane, in East Marion, and is improved with a
two-story frame dwelling, breezeway and garage as shown on the July 28, 1995 survey
prepar~ed by Peconio Surveyors, ?.C. The property is adjacent to Gardiners Bay and
private beach area owned now or formerly by Old Orchard Association.
BASIS OF APPLICATION: Building Department's July 29, 2003 Notice of Disapproval,
citing Sections 100-33 and 100-242A, in its denial of a building permit application for
construction of a breezeway addition between the existing garage and the applicant's
dwelling. The connection does not qualify as a dwelling addition between an accessory
building and principal building because the Code limits the size to 8' x 10'. The Building
Department determines the garage an accessory building since it is not fully enclosed or
attached as li~ing area, and accessory buildings are required by the Code to be located
in the rear yard.
FINDINGS QF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
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 is requesting approval of a 10' x
9'6" breezeway between the existing detached garage and the applicant's dwelling. The
breezeway is not enclosed as living area. The garage is in a front yard, north of the
house, at 65'7" from the property line along South Lane, 27 feet from the westedy
property line, and 21 feet from the eastedy lot line (10 ft. wide right-of-way).
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
, ~ Page 2 -October 9. 2003
AppL No. 5391 - Ellen Zimmermaa
38,-6~1'i at East Marion
1. Grant of the relief requested will not prod L~Ce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. The neighborhood is pdmadly
developed with homes on nonconforming lots and of equal size. The applicant's home
does not front directly on Orient Harbor, and is divided by a separately owned
Association beach lot. There'.is no change in the yard location, setbacks or size Of the
garage, breezeway, or dwelling that exists. On waterfront parcels~ ~ garage ms¥ be
located in a fronl yard~as an accessory building -without an. 8 x 1(7 bree,zeway ~)r fully
enclosed addition .to the dwelling. Applicant's property is only 12 feet frem a ~yate
beach area and wood bulkhead adjacent to Gardiners Bay (,a/k/a, Orient~Harbor), ,which
technically is a non-waterfront parcel. On non-waterfront Parcels, acc~sory b~uildihgs
are r~qu red to be located in a rear yard, and the garage ~ in a fr°nt yard as an
accessory, rather than as, a fully enclosed addition to. the dwelling.
2. The benefit sought by the ~applicant cannot be achieved by some method, feasible for
the app:licant to Purs.ue, o~er than ah area varance. The house has an existir)g
breeze~vay between, the house, and garage. This bt. eezewa~/do~s not meet the code's
definition of a breezeway which sl~uld be no more than~ 80 ~q. ft. The applicant's
breezeway is less, ~han 100 sq.rt (95 sq. ' ' "'
ftc), and the garage and breezeway have
existed for many years.
3. The variance granted here~n ~s not substantial in relation to the code requirement.
4. The difficulty was self-created when the garage was built without conformity to the
Town Code requirements.
5. There is no evidence that the grant of the relief will have an adverse effect or impact
on physical or environmental conditions in the neighborhood or district.
6. Grant of the relief requested is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of an accessory garage with breezeway, while
preserving and protectihg the character of the neighborhood and the health, safety and
welfare of the community.
RESOLUTION OF THE BOARD: n 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 3/20/2003 plan prepared by
Architechnologies and the 'July 28, 1995 survey prepared by Peconlo Surveyors.
P.C.
Pa§e 3 ~ October g, 2003 0 ~'~
AppL No, 539'1 - Ellen Zimmerman
38.-6-1;1 at EaSt Madon
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
Qliva. (Ab~ent Was M~mber Horning.) This ResolutioD was.~uly a~,dop~-~e.d~--O):~
Approved for Filing
APPE~ BOARD MEMBERS
SoUthold Town Hall
Lydia A. Tortora, Chair,voman 53095 Main Road
Gerard P. Goehringer P.O. Box 1179
George Homing South01d, New York 11971-0959
Ruth D. Oliva ZBA Fax (63 i) 765-9064
Vincent Orlando Telepl~0ne (63t)765-1809
http://south0tdto~,n0r thfork-net
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 17, 2003
Architechnologies
Attn: Agnieszka Drozkowska
13405 Main Road
Mattituck, NY 11952
Re: Appl. No~ 5391, Variance (Zimmerman)
~O
Dear wska:
Enclosed please find a copy of the findings and determination, with
conditions, rendered at Zoning Board of Appeals Meeting held October 9, 2003.
P!ease be sure to follow-up with the Building Department for the next step
in this building-permit application process. When returning to the Building
Department, please provide their office with an extra copy of the enclosed
determination and, if applicable, the amendment to the maps to show conformity
with the Board's decision and conditions, as may be noted (if any).
Thank you.
Very truly yours,
]Jinda Kowalski
Enclosure
Copy of Decision 10/17/03 to:
Building Department
A~AES BOARD MEMBERS , Southold Town Hall
Gerard 1>. Goehr~ngei~ ~'~ 53095 Main Road
Lydia A. Tortora ~.~ P.O. Box 1179
George l!toming ~ t~/~ ' ,, ~, ~,,~ Southold, New York 11971-0959
Ruth D. Oliva, Chairwoman ,iH ~t/0~ ~r0~ '] ZBA Fax (631) 765-9064
V'mcent Orlando ~ Telephone (631) 765-1809,'
ht~pu/southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 9, 2003
ApI~L No. 5399 - FREDRICK and ANTONIA VONZUBEN
Property Location: 1125 North Sea Drive, Southotd; Parcel 54-4-'13
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 A~ions, without an adverse effect on the environment, if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 26,503 sq. ff. parcel has 100 ft.
frontage along North Sea Drive and 100.38 feet along the Long Island Sound. The ~-
prope[ty is 260.69 feet deep along the east side and 269.36 feet deep along [he west
side: The applicant's property contains a dwelling and a detached 23.3' x 25.3' garage
33 feet from the front property line at its closest point.
BASIS OF APPLICATION: Building Department's June 23, 2003 amended Notice of
Disapproval, citing Sections 100-33C and 100-244 in its denial of a building permit ~o
construct an accessory arbor structure, as-built with a setback less than 40 feet from the
front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003, at which time wdtten and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants are requesting approval of the as
built front yard location of an 8'3" open arbor structure 3,2' from the front property ine
near North Sea Drive and 10.3 feet from the easterly 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 ~f requested relief, without future replacement of the as-built arbor in the same
location, will not produce an undesirable change in the character of the neighborhood or
a detrirfient to nearby properties. The neighborhood is developed with homes ano lots of
similar size which are located along the Long Island Sound. The applicant's 26,503 sq.
ft. lot contains a dwelling and accessory 23.3' x 25.3' garage situated in the front yard at
6 feet from the side line and 33 feet from the front property line, at its closest points. The
Page 2 - October 9, 2003
Appl. No. 5399-- F. and A. Yon Zuben ~::
54-4-1.3 at Southold
arbor was planned by applicant only for aesthetics, as part of the landscape design,
without realizing that a permit was required. The pine trees along the street were noted
as in need of replacement. By this action, it shall be understood [hat this is a granted
with a time limitation for the "as-built" structure, and that when the arbor structure
becomes deteriorated and needs replacement, it shall-not be placed in 'the same location
and shall,be moved, at which time this vadance shall expire.
2. The benefit sought by the applicant cannot be achieved by some method, feasible f~or
the applicant to pursue, other than an area variance, because the arbor has already
been plaCed in its present ~)cat on at 5.5 feet from the front lot line instead of the code
requirement of 40 feet. The arbor is heaviiy screened on the south side and cannot be
seen t~rom the road~ Applicant has agreed to maintain or improve the evergreen buffen
3. The variance granted herein is substantial in relation to the code requirement. The
arbo~,.,!s hcwever heavily screened on the south side.and caanot be seen from the roa, d.
The, e~,ergreens w II be ma nra ned by applicators in goocJ' condition as a landscape buffer
between the road and the garage.
4. The difficulty was self-created when the arbor was designed and built without a
permit and without conforming to the code setback requirements.
5. Th~ere is no evidence to suggest that the relief granted will have an adverse effect or
~mpact on physical or environmental conditions in the neighborhood or district. It is
noted that the adjacent property owner did submit a complaint that the applicants could
have requested a variance first, before placing the arbor structure on the property.
6. Grant of the area vadance is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of an arbor structure, while preserving and protecting
the character of the neighborhood and *J~e 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
GRANT the variance requested as shown on the survey prepared by Peconic
Surveyors, P.C. dated 12/16/98 amended 2/20/02, and Plan S-1 prepared by
Condon Engineering, P.C. dated 11;-28-2002, SUBJECT TO THE FOLLOWING
CONDITIONS:
(1) that the southeast side of the arbor be buffered by evergreens four feet from
the property line and be maintained at all times in good condition, and
'~ Page3-Octoberg, 2003
App[. No. 5399 - F. and A, Yon Zuben
54-4.-I 3 at Southold
(2) that the arbor be removed after it becomes deteriorated or in poor shape, and
that it not be rebuilt or replaced in the same location.
This actio~ does act 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 Otiva IChairwoman eft. !0-21-03), Member Tortora
(ChairwOman ~o 10-21-03)~ Member Goehdnger, arid Member Odando. (Absent was
Member Horning.) Th,s Resolutionw~~
?~..~ / ~'~/03
Approved for Filing
APPEALS BOARD MEM~,ERS
'SO%~ho~d Town Hall
~ydia A. Tortora. Chai~oman 53095 Main Road
Gera~d P. Goehringer P.O. Box 1179
~George Hormng ,-,~p Sou~old, New York
Rn~ D. Oliva ZBA Fax
Vincent Orlando 765-1809
httpu/:
~.~ BO~D OF APPEALS
TO~ OF SOU~OLD
Prep. 10-~
/ AGENDA
'~ THURSDAY, OCIOBE~ 9, 2003
SPECIAL MEETING
0
6[00 p.~. Call to order,
I. POSSIBLE DELtBE~TiONS/POSSlBLE DECISIONS:
Pendino Decisions (Hearinos colluded 7/f 0/03h
VIRGI~ A and CHR ST~PHER COYNE~g5323 ' Ref. Request for: '(a) I vng
,~ , , s~ace ma:' ~Omhabitable accessow bb td~ng w~th a proposed addition (b)
proposed addttens/alterat~bns to a non-h~bl~able accessow building and (c) as
bu~It acce~ow shed lo,ted m an area other than ~e code required 'rear yard.
8310 Seundvi~w Avenue. Southold; CTM 59-7-29.
~ .Per, =.~. d,;,, :,.,,~ ~ ..... ;.,,,~.,.,~,~,,,..:~ .,.<, ,,. ,, ~? .'
*¢ ,N~ICOLO AKD ~L'.N~.~II}AR~Oi.~ --~2~4'~;- Reque~ fgr a Special
¢¢ ....
~¢~, ExccF!ion t,r'del Soclicn !00-31B. to ,~stt:l~ ~sh,Acoe~ow Bed and Breakfast Use
for lodging'and se~ing of breakfast to traBsient g~sts, in conjunction with the
~ ~' ~ner's residence at 475 Condor Cou~ I(extends off the ea~ side of No:~h
Oa~ogd Bd)~;~um ~ 1000!}27-3-6 2
Pendine Dectst~ns (~eann¢ concluded 9/11/03~
M. Droege[~ teceive¢t6r2-o3 attorney submlss ons wKh r~uest for 43 height
n~t~d¢~ 6~t he gh¢,for wood turb ne st~cture , ~51,86. Variance - proposed
Wlg'dmlll, )~gBt;¢bas~d on :a~ended Notl~ of D~sapproval ~ssued 9-10-03 by ~e
P~dine DecisTons (Hearings concluded ~25/03}:
~NDR~W }~n8 LOIS McGQWAN ¢5384 ~Possible Resolution to accept su~ey
~'~ the WnE~h record, (if submitted by 10/23): This i~ a request for a Varance
,~k ~nde~: s'ecflo~' 1004bA.3, based' on: Be building Depa~ment's: May 14, 2003
~ ¢~' ~¢ Notibe'0f ~¢proval' con~rning a pro'prsed:garage addition to the existing
~P single family dwelling with a front yard setback at ess than 50 feet, at 13350 New
Suffolk Ave.. Cutchogue; 1.~6-6-19.2.
JOHN CAS[~O'¢5~D78, T~JS 'is ~ reque~; fora Variance under Sections 100-
'30A.4 aBd'~:1'd0-33O;'~a~e8 o~ the Building Depa~ent's December 29 2002
~ z~~ ~ N0ttcb 0f'D~pr~ '~ncern ng ~ proposed sw mm ng poon a ~ard other than
~ the mq~}r~ear yard, at 360 W~ggms L~ne. Greenpo~; Parcel 1000-35-4-28.33.
~age 2 - Agenda
Speoial Meeting October 9, 2003
Southold Zoning Board of Appeals
Pendihq Decisions (Hearinqs concluded 9/25/03t:
KEN,NE.TH and DOROTHY WOYCHUK #5379. This is a request for a Variance
~bP~der-'Section 100-33, based or the Building Department's March 25, 2003
Nobce of Dmapproval. Ap¢cant ~s requesting an as built" ocation of an
a,.c. cessory,.(shed) building in area other than required rear yard, at 5807
~'V~l~li~" Avenue. Mattituck; Parcel 1000-113-12-6.
KYLE and LISA MCCASKIE #5385. This is a request for a Variance under
Section 100-231, based on the Building Department's April 17. 2003 Notice of
Disapproval concermng a proposed fence which wil exceed the code's four ff.
Cutchogue:height limitatiOnparcelWhen1000_136_1_12.1ocated along the front yard, at 1925 Harbor Lane,
ELLEN D. ZlMMERMAN #5391 This is a reouest for a Variance under Sections
100-242A and 100-33, based on the Building Department's July 29, 2003 Notice
of Disapproval concerning a proposed breezeway-type addition to attach the
existing garage to the existing dwelling, at 500 South Lane, East Marion; CTM
1000-38-6-11.
JASON TAGGART #5389. This is a request for Lot Waivers under Section 100-
26 to unmerge a vacant land area of 13,750+- sq. ft., referred to as CTM 1000-
78-3-29 from a area, from an improved lot of 12,650 sq. ft. referred to as 1000-
~'~ 78-3-28. Based on the Building Department's May 23, 2002 Notice of
\~51~,Disapproval, the properties have merged under Section 100-25 due to common
ownership with the first lot at any time after July 1, 1983. Zone District: NC
Agricultural-Conse~ation. Location of Property: 815 Wabasso Road, Southold;
CTM 1000-78-3-29.(.~ 2-~').
JAMES BOOMER #5392. This is a request for a Variance under Section 100-
33A, based on the Building Department's March 26, 2002, Notice of Disapproval,
amended June 9, 2003 concerning the height of a proposed accessory garage
exceeding the code limitation of 18 feet, at 800 Saltaire Way, Mattituck; CTM
1000-100-1-33.
GERALD J. DIEFFENBACH, JR. and CRAIG RAIA #5396. This is a Request for :-
a Variance under Section 100-242A ar)d 100-244, based on the Building '.
Department's June 20, 2003 Notice of Disapproval concerning proposed new
construction with front and rear yard setbacks at less than 35 feet, and side yard
at less than 10 feet, at 2175 Hyatt Road, Southold; Parcel #54-1-32.
:~a~e 3 - a,genaa
Special Meeting October 9 2003
~Southold Zoninc~ E~oard of Appeals
Pendinq Decisions (Heafinqs conc)~d'e~ 9/25/03): o ,
NORAH BISCHOFF and JANE WINSCH #5398 ;' This is a ReqUest for a
Variance under Section 100~242A and 100-244, based on [he Building
Department's June 13, 2003 Notice of Disapproval, concerning a proposed
addition to the existing dwelling with side yard setbacks at less than 10 feet on
one side and less than 15 feet on the other side, and a comb n~d's de yard total
less than 25 feet Location of Property: 425 Kir)g Street, Orent Parde[ 26-¥28,
FREDRICK and ANTONIA VONZUBEN '~5399, (Reply received 10/6 from
Suffolk County Soil & Water District). This is a Request for a 'Variance under
Section 100-33C and 100-244, based on ithe Building Department, s Nautico pf
' ~mt~*" ~- Disapproval amended June 23 2003 'cdr~erni~hg an ~tas~built" arbor,,stru~ture at
tess than 40 feet from the front lot line at, tar attaching, it to the e×lst~ng~ accessory
~- ~c garage, at 1125 North Sea Drive, Southold; Parcel 54-4-13.
II. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony,is
requested and appreciated. Ail testimony shall be limited to zoning issues
properly before the Board.
6:/"~p.m. Raymond and A(]nes Combs #5393, (Carryover from 9/25 for floor plans.
submitted ). This is a request for Variances under Sections 100-242A, 100-244, and
100-33, based on the Building Department's Notice of Disapproval amended July 17,
2003, concernin~ proposed additions/alterations to the dwelling with side yards at less
than 15 on one side and 20 feet on the other sidc, for a total at less than 35 feet when
combined: and existing location of the as-built shed at less than five (5) feet from the
property line. Loca[ion of Prpperty: 6525 Indian Neck Lane, Peconic; Parcel #86-6-24.
Mark Schwartz, Arch tact.k)~_. ~¢,
~p.m. Joseph Gulmi and Susan Braver Gulmi #5340. (Carryover from 7/24 for
survey and; applicants' survey revision), This is a request for a Variance under Section
100-33, based on the Building Department's March 4, 2003 Notice of Disapproval. for 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,
Page 4 ~ Agenda
Special .Meeting October 9, 2003
Southold Zoning Board of Appeals
III, POSSIBLE DECISIONS/DELIBERATIONS (applicable to hearings
tonight, as deemed appropriate at this time by the Board).
IV. OTHE~RESOLUTIONS/U PDATES:
A. New business (~b/d).
B. ,~ ~~~ .
V. POSSIBLE EXECUTIVE SESSION (~b/d),