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HomeMy WebLinkAboutZBA-01/10/2002'APPEALS BOARD MEMBERS Gerard l~ Goehringer, Chairman James Dinizio, Jr. -- t~,A~ *~ Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 1/3; 1/7; upd. 1/8 ~.30.p.m. Call to Order. AGENDA REGULAR MEETING JANUARY 10, 2002 L STATE ENVIRONMENTAL QUALITY (SEORA) REVIEWS/RESOLUTION Type II Declarations: Appl. No. 5031- MARGARET TRAVIS RADACINSK1 Appl. No. 5046 - MARTINE MA1ORANA Appl. No. 5040 - PETER and ELIZABETH ENNERS Appl. No. 5041 - J. & L. BUSCEM1 Appl. No. 5053 - A. & J. ALLESI Appl. No. 5043 - MICHAEL and MARILYN HEALION Appl. No. 5061 - OYSTERPONDS HISTORICAL SOCIETY Appl. No. 5044 - SHAWN & DAWN WILLIAMS Appl. No. 5048 - C. & R. BATUELLO Appl. No. 5042 - WOODS TRUST Appl. No. 5045 - FLOYD KING TRUST Appl. No. 5047 - R. GUEST Appl. No. 5049 - R. VANDENBURG Appl. No. 5052 o N. ARETZ (Owners: THOMAS AND ANNE HIGGINS). Unlisted Actions with Negative (No Environmental Effect) Declaration (none at this time). I1. PUBLIC HEARINGS (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. ~/J~ 6'r30, p.m. Appl. No. 5031- MARGARET TRAVIS RADACINSKL A variance is requested under Zoning Code Section 100-30A.3, based on the Building Department's October 1, 2001 Notice of Disapproval, to approve a front yard location of an "as built" shed rather than the required rear yard at 55 Sound Road, Greenport; Parcel 1000~35-1-8. ~.'t/~/6~&p.m. Appl. No. 5046 - MARTINE MAIORANA. This is a request for a variance, based on the Building Department's October 18, 2001 Notice of Disapproval, under Zoning Code Section 100-30-A.3 for an addition with a front yard setback at less than the code requirement of 40 feet from the property line. Location of Property: 12680 Main Rd., E. Marion, NY; Parcel No. 1000-31-14-13. [~. (~ .'~/~ ~ p.m. Appl. No. 5040 - PETER and ELIZABETH ENNERS - This is a request for a Variance, based on the Building Department's October 18, 2001 Notice of ~Disapproval, under Zoning Code Section 100-30A.3 and Section 100-239.4B. Applicant is proposing to locate a deck addition with a rear yard setback at less than 35 feet from the Page 2 Agenda updated 1/10/02 Regular Meeting of January 10, 2002 Southold Town Board of Appeals 11. PUBLIC HEARINGS (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. (P. Enners, continued:) rear line, and less than 75 feet from the bulkhead. Location of Property: 15 East Mill Rd. Mattituek; Parcel No. 1000-106-4-2. qCp~ (~;~(,~rxp.m. Appl. No. 5041 - J. & L. BUSCEMI - This is a request for a Variance, based on the Building Department's August 22, 2001 Notice of Disapproval, under Zoning Code Section 100-31A.I and Section 100-244B. Applicant is proposing to construct a 14' x 20' accessory building, designed for art studio use, in a front yard location, and with an increase in building area coverage to over 20% of the lot size. Location of Property: 195 Oakwood Rd, Laurel; Parcel No. 1000-145-3-13. P. DeNicola, Builder. 7f0~ ~ p.m. Appl. No 5053 - A & J ALLESI - This is a request for a Variance, based on the Building Department's September 4, 2001 Notice of Disapproval under Zoning Code Section 100-32, disapproving a third story height of the (existing) principal structure (dwelling), located at 620 Rogers Road, Southold; Parcel 1000-66-2-35. Mark Schwartz, Architect. 7. a~"~pm. Appl. No. 5043 - MICHAEL and MARILYN HEALION - This is a request for a Variance, based on the Building Department's September 28, 2001 Notice of Disapproval, under Code Section 100-33 Approval for the location of a swimming pool in an area other than the rear yard is requested at 370 Soundview Dr, Orient; 1000 13 1 9 1 Arthur Edwards Pool Co g'3O '?~lg...p.m. Appl. No. 5061- OYSTERPONDS HISTORICAL SOCIETY - This is a request for a Variance, based on the Building Department's December 13, 2001 Notice of Disapproval, under Zoning Code Section 100-30A.3 to locate an addition to the existing building with a setback at less than 50 feet from the rear property line. Location of Property: 1555 Village Ln. Orient, NY; Parcel No. 1000-25-3-16.1 Q)/~4~'~; ~ '7~0~-p.m. Appl. No. 5044 - SHAWN & DAWN WILLIAMS - This isa request fora Variance, based on the Building Department's October 31, 2001 Notice of Disapproval, under Zoning Code Section 100-239.4B and Section 100-33. Applicants propose to locate an accessory cabana and swimming pool with a setback at less than 75 feet from the bulkhead and with the cabana at less than twenty (20)feet from the side lot line. Location of Property: 405 South Drive, Mattituek, NY; 1000-106-11-20. Page 3 - Agenda updated 1/10/02 Regular Meeting of January 10, 2002 Southold lown Board of Appeals II. PUBLIC HEARINGS (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. 7.'t// ~ p.m. Appl. No. 5048 - C. & R. BATUELLO - This is a request for a Variance, based on the Building Department's November 7, 2001 Notice of Disapproval under Zoning Code Section 100-33, for the locations of five accessory buildings, existing in an area defined as rear yard, which yard is re-defined as a side yard with the construction as proposed of dwelling additions and alterations. Also requested is an addition at less than 75 feet from the rear property line. Location of Property: 1725 AIvah's Lane, Cutchogue; Parcel No. 1000-109-1-24.3. Paul Gugliotta, Architect. '~.' ~"~.~. p.m. Appl. No. 5042,- WOODS TRUST - This is a request for a Variance ed on the Building Department s October 29, 2001 Notice of Disapproval, under Zoning Code Section 100-30A.3, for a proposed dwelling location at less than 50 feet from the front jgropert}~line, at lll5Arrowhead Lane, Peconie; Parcel 1000-98-3-7.1. R. Saetta, Builder. 7.'j-c~ ~ p.m. Appl. No. 5045 - FLOYD KING TRUST - This is a reqnest for a Variance, b~sed on the Building Department's October 26, 2001 Notice of Disapproval under Zonin Code Section 100 30A3 A iicant is ro osing to create a nonconforming g - .. pp P P ~/~lot that measures less than 40,000 sq. ft. of lot area, less than 150 feet of lot width, and less ~han 175 feet of lot depth. Locatmn of Property. 225 Private Rd. #14, Ortent, NY; Parcel 1000-24~2-26.276.3. W. Price, Jr., Es~,. ~ j~/O~_~p.m. Appl. No. 5047 - R. GUEST - This is a request for a Variance based on tli% Building ,Department's November 5, 2001 Amended Notice of Disapproval under Zoning Code Sections 100-32, 100-33 and 100-33C. Applicant is proposing to locate a new dwelling at less than sixty (60) feet from the front property line, and to locate a swimming ~pool in a permitted (front) yard at less than 60 feet from the front property line. Location ~l~L/~jl/-~of Property: Southwest of Crescent Ave., Fishers Island; Parcel 6-1-5.1. S. Ham Ill, Esq. ~'ff. og5"~?:.3~ p.m. Appl. No. 5049- R. VANDENBURG - Th, s is a request for a Variance under Zoning Code Sections 100-242A and Section 100-244, based on the Building g~J/~Department's November 2, 2001 Notice of Disapproval. Applicant proposes to locate 1~.~_ ~additions and alterations to an existing single-family dwelling with setbacks at less thau 35 feet from the front property line, at 1405 Oak Drive, Southold; 1000-80-1-42. .. D c2 7:~5. p.m. Appl. No. 5052 - .N. ARET~Z (Owners: THOMAS AND ANNE HIGGINS). This is a request for a Variance under Zoning Code Section 100-244B, based on the Building Department's November 1, 2001 Notice of Disapproval. Applicant proposes to locate a new dwelling with a setback at less than 50 feet from the rear property line, at 680 Oakwood Court, Southold; 1000-90-4-4. Page 4 - Agenda updated 1/10/02 Regular Meeting of January 10, 2002 Southold Town Board of Appeals II. PUBLIC HEARINGS (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board. ~;~ ~'~92~.5~ p.m. (HEARING REOPENED): Appl. No. 5026 - INLAND HOMES, INC. (KAVANAGH). This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-110-3-31 from 1000-110-3-32. This request is based on the Building Inspector's September 24, 200l Notice of Disapproval which states that Lot 31 has merged with an adjacent lot to the north (1000-110-3-32) ~ ~},¢pursuant to Section 100-25 which lots have been held in common ownership during a period ?~0~' of time after July 1, 1983. Location of Property: 4400 Pequash Avenue and 95 Midwood Road, Cutchogue P Moore, Esq , ? H1. POSSIBLE DELIBERATIONS/DECISIONS on the followin~ applications: ' a. Carryovers from last meeting: 1) Appl. No. 4962 & 5039 - ROGER WALZ. (Hearing concluded 11/29). Appl. No. 5037 - K. and K. LEAVAY (Request neighbor-resident, R. Bishop to table decision.) POSSIBLE RESOLUTION to table decision for February 21~¢ ZBA Meeting. B. Hearings concluded tonight from above at II (to be decided by the Board). Appl. No. 5033 - D. DiMAGGIO. Rear yard variance for addition at 1450 South Harbor Road, Southold. IV. RESOLUTIONS/UPDATES/OTHER: ~ Resolution to authorize advertisement of new applications. February 21~t; also Special Meeting date is 2/28. B. Next Meeting Date: 6:45 p.m., January 24, 2002. C. 'k.~'~'- Inspections/New Reviews regarding new Applications. Resolution to Approve Minutes for November 29, 2001 and Dec. 13, 2001. E. V. EXECUTIVE SESSION (if any regarding proposed or pending Town litigation). APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 (63I) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. NO. 5042- WOODS TRUST CTM Parcel 1000-98-3-7.1 STREET & LOCATION: 115 Arrowhead Lane, Peconic. DATE OF PUBLIC HEARING: January 10, 2002. FINDINGS OF FACT PROPERTY FACTS: The subject property is an unimproved parcel of 46,390 sq. ft. in the R- 40 District, with frontage of 291 feet on Arrowhead Lane in Peconic and depth of 149 feet (north) and 170 feet (south). BASIS OF APPEAL: Building Department Notice of Disapproval dated October 29, 2001 denying a permit to build a new house because the proposed front setback is 35.4 feet whereas 50 feet are required. AREA VARIANCE RELIEF REQUESTED: Applicant originally requested a variance authorizing construction as proposed in the Building Permit application, with a front yard of 35.4 feet. At the hearing on January 10, 2002, the application was verbally amended to request a front yard of 45.4 feet (with a conforming rear yard of 50.5 feet). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Applicant believed the rear yard requirement to be 60 feet, under Code section 100-244 for a nonconforming lot of this size. However, this is a conforming lot in the R-40 Zone, and a 50-foot rear yard is required. In light of this, applicant agreed at the hearing on January 10, 2002, to locate the house 10 feet further from the front lot line than originally proposed, resulting in a front yard of 45.4 feet versus a requirement of 50 feet. 2. The requested front yard variance of 5.4 feet is modest, and the proposed front yard is deeper than others nearby. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 3. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to construct his home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was Page 2- January 10, 2002 ZBA Appl No 5042- Woods Trust Parcel 1000-98-3-7 1 at Peconic RESOLVED, to DENY the original request for a variance authorizing a front setback of 35.4 feet, and ALTERNATIVELY to GRANT a front yard variance at 45.4 feet, subject to the CONDITION that the rear setback shall be at least 50 feet. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins, a~Gd-He~in~r~Dinizio absent.) This Resolution was duly ADOPTED (4-0~.~~ ~ GERARD P. G~)EH~INGF.~, CHAIRMAN Approved for Filing was APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971-0959 ZBA Fax (63l) 765-9064 Telephone (63 l) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5031 - M. T. RADACINSKI 1000-35-1-8 STREET & LOCATION: 55 Sound Road, Greenport DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the westerly side of Sound Road and the northerly side of North Road in Greenport. The property consists of 21,484 sq. ft. of land area with 100 ft. street frontage to the east and 200 ft. street frontage to the south. The property is improved with a single-family two-story dwelling as shown on a survey prepared by Anthony W. Lewandowski, L.S. dated April 10, 2001. BASIS OF APPLICATION: Building Inspector's October 1, 2001 Notice of Disapproval for the reason that applicant's shed is located in a front yard area rather than a rear yard as required under Code Section 100-33. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in her building permit application to the Building Department for the location of the existing shed at a minimum of six (6) feet from the southerly property line facing the North Road. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant proposes to construct a new dwelling with an accessory garage attached to the dwelling by a porte-cochere, or roof-covered portico to be used for vehicles to drive through and park or access the garage. The as built storage shed is one story height and will not be visible. The shed is very small (6' x 10'). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicant has two front yards and has chosen a location of the dwelling centered with equal distance from both front property lines, reducing the size of the remaining yard on her parcel. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a stockade fence makes it almost invisible from the street. No evidence has been presented to suggest there would be an affect or impact on neighboring properties. 4. The action limits the impact of the variance by the shielding of the building with a fence that exists, and additional plantings. Page 2 ]anuarf i0, 2002 ZBA Appl. No. 5031 - ['4. T. Radacinski Parcel 1000-35-].-8 at Greenport 5. The difficulty claimed is self-created. In considering this application, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a small shed, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded Member Collins, it was RESOLVED, to GRANT the variance to locate a shed not larger than 6' x 10' as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins, and Horning. M~mber Dinizio was absent.) This Resolution was duly ADOPTED (4-0).. ....... ~--~' j ~ ~'~ / "' ~.~GERARD P. GOEHRINGER /C/RAIRMAN ~/~' Approved for Filing GG APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lorn S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Soutl~old Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765~9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 AppL No. 5040- PETER AND ROSEMARY ENNERS 1000-106-4-2 STREET & LOCATION: 15 East Mill Road, Mattituck DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located at the end of Mill Road in Mattituck with water fronting on three sides of the property. The lot is 5,600 sq. ft. in area and is improved with a single-family dwelling as shown on the survey prepared by Peconic Surveyors dated October 11, 2001. The dwelling as exists is shown at 16' between the northeast corner of the house and the northerly bulkhead at its closest point. BASIS OF APPLICATION: The basis of this application is the Building Department's October 18, 2001 Notice of Disapproval which states that the open deck construction must conform to the requirements of Section 100-244B and Section 100-239.4B regarding the Code's limited setback required, from the bulkhead, and lot coverage limitation not to exceed twenty {20) percent of the total lot area. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a setback of 13 feet from the bulkhead at its closest point and a lot coverage of 21 percent, for a proposed open deck (5' x 20'). The location of the deck is at the northerwesterly corner of the dwelling, landward of the dwelling's westerly side. AII sides of the dwelling are less than 75 feet from the bulkhead or property fine. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Grant of an area variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties because the addition of the open deck toward the northerly property llne is necessary as an access into the dwelling. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is extremely small in size and the dwelling encompasses a major portion of the upland area of the lot. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The deck is proposed as an open, unroofed deck, within the confines of the upland area of the lot. A stone wall, rip rap, surrounds the upland area. 4. The variance is not self created. The lot is unique in its size, layout and location. 5. In considering this application, the Board deems this action to be the minimum necessary and Page 2 -]anua~ 10, 2002 ZBA Appl. No. 5040 - P. and R. Enners Pa~ell000-106-4-2 at Ha~ituck adequate to enable the applicants to enjoy the benefit of a new location for a dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to GRANT the variance as applied for and SUBJECT TO CONDITION that the deck remain unroofed and open to the sky. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Collins, and Horning. This Resolution was duly adopted (4-0). (Member Dinizio was ~t:,~-~ ~ ~ /~_~ Gerard P. Goehringer, Cha~fan AP~'EALS'BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora /,ora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box I179 Southold, New York l 1971-0959 ZBA Fax (631) 7650064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5044 - SHAWN AND DAWN WILLIAMS STREET & LOCATION: 405 South Drive, Mattltuck DATE OF PUBLIC HEARING: January 10, 2002 1000-106-11-20 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located on the easterly side of South Drive in Mattituck. 1.88'1 acres with 155.89 ft. of street frontage. The property is improved with a single-family two-story dwelling with garage as shown on a survey prepared by Joseph A. Ingegno, L.S. dated November 10, 2001. BASIS OF APPLICATION AND RELIEF REQUESTED: Building Inspector's October 31, 2001 Notice of Disapproval for the reason that the proposed pool and cabana structures will be located less than 75 feet from the bulkhead at its closest points, rather than 75 feet as required under Code Section 100-239.48. REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on the matter on January 10, 2002 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations of members of the Board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Applicants wish to construct an 18' x 36' accessory in-ground swimming pool on the easterly, waterfront part of their property, and to construct a 10' x 12' accessory storage shed adjacent to the pool in a front yard area with insufficient setback instead of the required rear yard location. 2. After the Building Inspector issued the Notice of Disapproval dated October 31, 2001, applicants sought to minimize the variance required. They revised their plans and moved the inground pool further landward of the wooden bulkhead from 54+- feet to 64 feet, and moved the accessory shed further landward of the bulkhead from 57+- feet to 62 feet, increasing the side yard setback of the shed from 5 ft. to 10 feet. 3. Applicants revised plans were incorporated in the survey prepared by Joseph Ingegno dated January 24, 1996, last revised Novel~lber 10, 2001. It was the applicants' revised plans which the Board of Appeals reviewed and discussed during the public hearing. IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW 267-B3 "AREA VARIANCES," THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANTS IF THE VARIANCE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES THAT: Page 2 - 3anuary 10, 2002 ZBA Appl. No. 5044 - S. and D. Williams Parcel 1000-106-11-20 at Hattituck 1. The revised plans with the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large wooded lot with mature trees that provide ample privacy and screening from nearby properties. The proposed location of the in-ground pool and accessory shed will allow applicants to retain the large wooded area of their front yard in its natural state, which will benefit the character of the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. Because of the natural ground contours and spoke of the property, as well as other environmental conservations which limit available construction sites, there are no other reasonable alternatives that would not require a variance. 3. The variances granted herein are not substantial. The proposed 64 ft. setback from the bulkhead for the inground swimming pool represents an 41 ft. reduction in the Code's 75 ft. minimum. The proposed 62 ft. setback from the bulkhead and 10 ft. setback from the side yard for the accessory shed represent a 13 ft. reduction in the Code's 75 ft. minimum, and a 10-ft. reduction in the Code's 20 ft. minimum respectively. 4, The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an inground pool and shed, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded Chairman Goehringer, it was RESOLVED, to GRANT the variances as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins~and Homing. (Member Dinizio was absent.) This Resolution was duly ADOPTED (4-0).~- -~-~ /~/~'-~ ~ / ~/j/~ERARD P. GOEHRINGE/~, CHAIRMAN ~/ Approved for Filing APPk,a~S B(l ~RD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5043 - MICHAEL and MARILYN HEALION 1000-13-1-9.1 STREET 8, LOCATION: 370 Soundview Drive, Orient DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of roughly 45,000 sq. ft. in Orient, with frontages on Southview and Northview Drives and a depth of 347 feet. It is improved with a frame house with decking and an in-ground pool. BASIS OF APPEAL: Building Department Notice of Disapproval, dated September 28, 2001, denying a permit for the as-built pool because it is located in a front yard rather that the rear yard as required under Code Section 100-33. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the pool in the as-built location (described below). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The pool is located on the north side of the house, 70 feet from Northview Drive. Although the location is a front yard under the terms of the Zoning Code, the pool sits at the top of a steep slope, well above Northview Drive and essentially invisible from the street. The front of the house is oriented to Southview Drive, and the northerly yard is functionally the rear yard. The pool contractor and applicant's son stated at the hearing on January 10, 2002, that the as-built location is the only feasible one. 2. The pool contractor testified that the pool was built in 1997 without a permit because of an oversight in his office. 3. The pool location is far enough from the neighbors and the street, and sufficiently out of view, that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There Js no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - January I0, 2002 ZBA Appl. No. 5043 - H. and M. Healion Parcel 1000-13-1-9.! at Orient RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a variance authorizing the location of the as-built pool shown on the survey by JWS Co. dated September 15, 2001, on the CONDITION that there be no fencing in addition to that already erected and that the pool area remain open to the sky (unroofed). This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the I~oard: Ayes: Goehringer, Tortora, Collins,faj~Horning~_.~ember Dinizio was absent.) This Resolution was duly ADOPTED (4-0). "-' ~ ") ? /~ ~ERARD P. GOEHRINGER, ~H,~.IRMAN ~× Approved for FiIng APPE,~I~S B~ARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5031 - M. T. RADACINSKI 1000-35-1-8 STREET & LOCATION: 55 Sound Road, Greenport DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the westerly side of Sound Road and the northerly side of North Road in Greenport. The property consists of 21,484 sq. ft. of land area with 100 ft. street frontage to the east and 200 ft. street frontage to the south. The property is improved with a single-family two-story dwelling as shown on a survey prepared by Anthony W. Lewandowski, L.S. dated April 10, 2001. BASIS OF APPLICATION: Building Inspector's October 1, 2001 Notice of Disapproval for the reason that applicant's shed is located in a front yard area rather than a rear yard as required under Code Section 100-33. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in her building permit application to the Building Department for the location of the existing shed at a minimum of six (6) feet from the southerly property line facing the North Road. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant proposes to construct a new dwelling with an accessory garage attached to the dwelling by a porte-cochere, or roof-covered portico to be used for vehicles to drive through and park or access the garage. The as built storage shed is one story height and will not be visible. The shed is very small (6' x 10'). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicant has two front yards and has chosen a location of the dwelling centered with equal distance from both front property lines, reducing the size of the remaining yard on her parcel. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a stockade fence makes it almost invisible from the street. No evidence has been presented to suggest there would be an affect or impact on neighboring properties. 4. The action limits the impact of the variance by the shielding of the building with a fence that exists, and additional plantings. Page 2 - January 10, 2002 ZI3A Appl. No. 5031 - H. T. Radacinski Parcel 1000-35-3 8 at Greenport 5. The difficulty claimed is self-created. In considering this application, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a small shed, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded Member Collins, it was RESOLVED, to GRANT the variance to locate a shed not larger than 6' x 10' as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins, a~nd Homing. (M__ember Dinizio was absent.) This Resolution was duly ADOPTED (4-0),~..~.-' ~ ,~ / ./' ..-GERARD P. GOEHR[NGER,~RMAN ~ Approved for Filing GG APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5052 - N. ARETZ {T. HIGGINS, Owner) 1000-90-4-4 STREET & LOCATION: 680 Oakwood Court, Southold DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS: The subject property is a triangular undeveloped parcel of 23,594 sq. ft. in Southold, with frontage of 240 feet on Oakwood Drive (east) and 277 feet on Lakeside Drive (west), and a northerly lot line of 171 feet. BASIS OF APPEAL: Building Department Notice of Disapproval, dated November 1, 2001, denying a permit for construction of a new house because the proposed location is 17.9 feet from the rear (northerly) lot line whereas 50 feet are required under Code Section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicant originally requested a variance authorizing construction of the house 17.9 feet from the rear lot line. At the hearing on January 10, 2002, applicant submitted a revised plan that reflected discussion with the owner of the property to the north. The revised plan locates the house further south so that the rear {northerly) setback is 39.2 feet, and applicant requests a variance authorizing that setback. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The triangular shape of the lot, with two front yards under the Zoning Code, constrains the allowable building envelope. If the front yard (40 feet) and rear yard (50 feet) setbacks were fully complied with, only a very small house could be built. Applicant thus needs a variance. 2. Applicant's revised plan places the house well away from the northerly lot line, although less than the required 50 feet. If the subject property did not have two street frontages, the yard in question would be a side yard and could be as narrow as 15 feet. The revised proposed location will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 3. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a new home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - January 10, 2002 ZBA Appl. No. 5052 - N. Aret:z {T. Higgins) Parcel ].000-90-4-4 at Southold RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded Member Collins, it was RESOLVED, to DENY the original request for a variance authorizing a rear setback of 17.9 feet, and ALTERNATIVELY to GRANT a variance authorizing a rear setback of 39.2 feet, as set forth on the revised site plan submitted to the Board at the hearing on January 10, 2002. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins,~an_~_.d Horning. (Member Dinizio was absent.) This Resolution was duly ADOPTED (4-0). ..... /~ ~'~ ~ / /'~(~ERARD P. GOEHRINGER, ~HAIRMAN ,~" Approved for Filing ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 13, 2001 Appl. No. 5046 - MARTINE MAIORANA 1000-31-14-13 STREET & LOCATION: 12680 Main Road, East Marion DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the south side of S.R. 25 in East Marion. The property consists of 22,497 sq. ft. in area and is improved with a two-story, single- family dwelling and accessory shed, all as shown on the survey prepared by S. lsaksen dated October 18, 2001. BASIS OF APPLICATION: The basis of this application is the Building Department's October 18, 2001 Notice of Disapproval which states that new construction must conform to a front yard setback of 40 feet, under Article lllA, Section 100-30A.3. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a setback of 10.8+- feet from the front yard regarding an addition at the east side of the dwelling. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Grant of an area variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties because the premises already has an established nonconforming setback at 10.9 feet. The proposed addition is within an inch of that setback. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed addition is an addition at the main living area of the dwelling, as extended with a further reduction of one inch, and any other location would require extensive alterations to the dwelling and yard areas, and extra expenses. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. No evidence exists that the granting of this variance which does increase the nonconformity of the addition, would have an adverse effect upon surrounding properties. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to GRANT the variance as applied for, Page 2 - January ~-0, 2002 ZBA Appl. No. 5046 - iVlartine Maiorana Parcel 1000-31-14-13 at East i~larion This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Collins, and Horning. This Resolution was duly adopted (4-0). (Member Dinizio was absgJ~,-) .... -'-> , ~ .,' /"Gerard P. Goehrmger, ¢?ha~rma~ APPEAL5 BOARD MEMBERS Gerard P. Goehringcr, Chairman James Dinizio, Jr. Lydia A. Tortora [,ora S. Collins George Homing 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 (63l) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No 5033- D. DIMAGGIO 1000-75-4-22.10 STREET & LOCATION: 1450 South Harbor Road, Southold DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of 48,997 sq. ft. in Southold, with frontage of 269 feet on South Harbor Road (west) and depth of 165 feet (north) and 177 feet (south). It is improved with a frame house, detached garage and in-ground pool. BASIS OF APPEAL: Building Department Notice of Disapproval, dated October 15, 2001, denying a permit for an addition to the house because it will be 20 feet from the easterly lot line, which is treated as the rear line under the Zoning Code. Code section 100-244 requires a 60-foot rear yard, and a Planning Board approval of this lot as part of a 3dot subdivision requires a 50-foot rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction of the house addition as proposed, with a 20-foot setback at the closest point to the easterly lot line and 27 feet at the furthest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The subject property is the westemmost of three created as a subdivision. Access to this parcel is from South Harbor Road (west), and under the Code the westedy yard is the front yard and the easterly yard is the rear yard. However, the house is oriented to face the open farmland to the south, making the easterly yard furmtionally a side yard. The characteristics of this property were previously recognized by this Board in its grant of a variance authorizing the garage in the northerly yard (Appeal No. 4564). 2. There appears to be no way to expand the house, other than that proposed, which requires a variance. 3. The two other lots in the subdivision are reached from Grange Road to the north, and their east and west yards (when developed) will be side yards under the terms of the Code. Applicant in effect argues that his easterly yard should also be treated as a side yard, rather than rear yard. A 20-foot side yard is permitted on this property under Code section 100-244. Although the requested variance is substantial - a 20-foot setback where 60 feet are required - the orientation of the existing house and of future houses on the other two lots supports the argument that the setback in question be treated as a side yard setback. 4. For the reasons set forth above, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 ~ .~anuary 10, 2002 ZBA'AppL No. 5033 - D. Dir4aggio Parcel ~_000- ~3~ 1-9. :!. at Orient 5. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to expand his home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collins, and HcmJno~ (Member'Dfni~o was absent.) This Resolution was duly ADOPTED (4-0) ..... ..... ~ /~,/--~/¢ /' GERAR-D P. GOE~fRINGER, CH~MAN ..//' Approved for Filing APPEALS B'0ARD'MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 10, 2002 Appl. No. 5061 - OYSTERPONDS HISTORICAL SOCIETY 1000-25-3-16.1 STREET & LOCATION: 1555 Village Lane, Orient DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of 57,717 sq. ft. fronting on Village Lane in Orient. It is improved with several historic buildings comprising the museums of the Society. BASIS OF APPEAL: Building Department Notice of Disapproval, dated October 2, 2001, denying a permit to construct a handicap ramp at the rear of the Old Point Schoolhouse because the ramp will be only 5 feet from the rear lot line whereas a 50-foot rear yard is required. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction of the ramp as proposed, with a 5-foot rear setback. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The proposed ramp is an element in the Society's overall plan to improve access to its buildings. The location was chosen to minimize the visual impact on the historic structures. 2. The current rear setback of the Old Point Schoolhouse is 14 feet, and would be reduced to 5 feet by the proposed ramp. A survey of the property shows that the Hallock Building, to the north of the Schoolhouse, has a 5-foot setback from the same rear lot line. Although the requested variance is substantial in terms of current Code ~equirements, these buildings have stood for many years in their nonconforming locations and the ramp will make little change. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 3. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to construct a handicap ramp while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2: ]anuar;/ 10, 2002 ZBA Appl, No. 5061 - Oysterponds Historical Society Parcel 1000-25-3-16.1 at Orient RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Goehringer, Tortora, Collin~?,. ~lt~L.Horning,.~(M.emJ~r Dinizio was absent.) This Resolution was duly ADOPTED (4-0)~ "'- // ~.)'/~ // ~,.,GERARD P. GOEHRINGER, CH/AIRMAN ,/ Approved for Filing