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Home My WebLink AboutZBA-09/19/2002 Agenda~. _,~,~-~**~.~- ~-,~:--APPEALS Ruth Goehringer,BOARD D. Oliva MEMBERS ~ Southold To~vn Hall ,~/'~ Gerard P. Chairman 53095 Main Road ~T~'"~ Lydia A. Tortora P.O. Box 1179 ~)~,~' ~ George Horning Southold, New York 11971-0959 ~'~ ZBA Fax (631 } 765-9064 Vincent Ortando Telephone (631,) 765-1809 http://southoldtow~.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 9/17 AGENDA REGULAR MEETING THURSDAY, SEPTEMBER 19, 2002 6:30 p.m. Call to Order. !'. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA}: Tvoe II DeclaratiOns (No further steps under State Law): Appl. NO. 6160- Miriam Realty. Ap~pi'. No, 5183 ~ HeLen Booth, Appl. No. 5165 -S. Egan. Appl, NO. $166 - C. McEnaney. AAppl. No, $168-- A. and G. Berkoski. ppi. N~0.~ 6164.-V. T0th. APp[. NO. 6170;-F. and F, Kikiras. Appl. ,No. 5169 - Northeast Overseas Trading Co. Ap~)I. No. 5175 ~- T. and K. Uhlinger. Appl. No; 6167- R. and M. Voelkel. Ap~L No. 5158 .- Martem Management/Marinakis. "ApPI~ NP~ 51...7~:~-~A. Mallos iAppl~ Nb:$~71ir S. Sachmanand A Quadrani "AI~P. 1~10.'6156 ,~ R. and B. Tay or. Appl, No; $188 - E, andP. Qu ntier ;Appl. No. 5191 - M, and E. McAIlister. [ UnliSted Declarations with Neclafive Effect on the Environment: ~ppl. No. 4778'- Crazy Chinaman Corp, Others i~endinrl site,t~lan or other artencv lead aqencv coordinations: (none); t~. PUBLIC HEARINGS; Written, t~e,stimony in lieu of extensive oral testimony is requested and appreciated. All ~estim&tiy sh'all b~ lim~ ~ zoning issues properly before the Board. MIRIAM REALTY. This is a request for Variances under the Zoning Code, and 100-30A3, based on the Building Inspector's April 26, 2002 Notice of to construct (~) additions and alterations to an existing dwelling with :1 feet on om ide and less than 25 ft. total side setbacks and (2) an accessory building at I~ess than three feet from the property line, and (3) total lot coverage for all buildings in excess of the code limitation of 20 percent of the lot Location: 425 Miriam Road, Maftituck; Parcel 99~1-31. George Konnaris, Arch. 6:35 p This is a request for a Variance under Section 100-242A, ba~ed 2002 Notice of Disapproval for applicant to construct a new dwelling, after nonconforming location, The new dwelling is proposed with setbacks with a single side yard of less than f0 feet, at 405 Fasbender Avenue, Page 2 - Agenda ~.tpdated 9/19/02 12:36 PM Regular Meeting of September 19, 2002 Sottthold Town Board of Appeals 6:40 pm Appl. No. 5165 - SUZANNE M. EGAN. This is a request for a Special Exception under Article III, Section 100~30A.2B and 100-31B, subsections 14a-d Of the Southold Town Zoning code (amended 2-7-9)~ Applicant-owner is requesting an Accessory Bed and Breakfast use, incidental and accessory to the owner's residence in this single-family dwelling, with up to three (3) B & B bedrooms and serving of breakfast to not more than six (6) casual, transient roomers. Location: 37418 Main Road, Orient; Parcel 20-1-3.2, 3.5. ten Gould, Esq. 6:45 pm Appl. No. 5166 - CHRISTINE McENANEY. This is a request for a Variance under Section 100- 244B, based on the Building Department's May 9, 2002 Notice of Disapproval. Applicant is proposing to construct a front porch addition with a setback at less than 35 feet from the front lot line, at 2205 Gillette Drive, East Marion; Parcel 38-3-t4. 6:50 pm Appl. No. 5168 ~ ANTONE AND GERALDINE BERKOSKI. This is a request for a Variance under Section 100-33 based on the Building Department's April 8, 2002 Notice of Disapproval. Applicants are proposing to locate an accessory barn in a side yard rather than a rear yard, at 8580 Cox Lane, Cutchogue; Parcel 83-3-3.2. 6:55 pm AppI No. 5164 - VICKI TOTH. This is a request for a Variance under Section 't00-31C(8), based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant is proposing to construct an accesso~ horse barn on an as-built foundation, located with a setback at less than 40 feet. (Ref. Bu Iding Permit 28117- % Location: 425 Jacobs Lane, Southold; Parcel 88-1-1.5. Catherine Mesiano, Inc. 7:00 pm Appl. No. 5170 - FOTIOS and FOTINI KIKIRAS. This is a request for a Variance under Section 100-33, based on the Building Department's April 15, 2001 Notice of Disapproval concerning an as-built accessory (auto shelter) structure in a front yard location rather than a rear yard, at 150 Windward Road, Orient; 7:05 pm Appl. No. 5169 - NORTHEAST OVERSEAS TRADING CO. This is a request for a Variance under Section 100-244 based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant is requesting approval of the location of an 'as built" deck addition at less than 35 feet from the rear lot line. Location: 3570 Kenney's Road, Southold; Parcel 54-5-23. 7:10 pm Appl. No. 5175 - THOMAS AND KAREN UHLINGER. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's May 16, 2002 Notice of Disapproval for a new front porch addition at less than 50 feet from the front line. The existing dwelling has an existing location with a nonconforming front yard setback. Location: 13370 Oregon Road, Cutchogue; Parcel 83-3-7.1. 7:20 pm AppI. No. 6167 - ROBERT J. AND MAUREEN C. VOELKEL. This is a request for a Variance under Section 100-244B, based on the Building Department's May 1, 2002 Notice of Disapproval. Applicants propose an addition to the existing dwelling at less than 40 feet from the front lot line, at 95 Pine Tree Road, Cutchogue; Parcel 103.-6-8. 7:30 pm Appl. No. 5158 - MARTEM MANAGEMENT. INC. by Artemios Marinakis. This is a request for a Variance under Sections 100-30A3 and 100-30A4, based on the Building Department's April 2, 2002 Notice o~ Disapproval. Applicant is proposing to construct a tennis court structure: (1) at less than five feet from I~ line(s), (2) in a yard other than a permitted rear yard, and (3) with a lot coverage over the code limitation of 20~,; Location: East Side of Stars Road, East Marion; Parcel Nos. 22-4-28 and 22-2-20 (combined as one ~lot)~ P. Moore, Esq. (Also, please note request by interested neighbor(s) for more time, POSSIBLE RECES6 to another Page 3 - Age~da hpd/~te~l 9/19/02'[2:36PM Regular M~i~g dfSel~te~nber ] 9, 2002 Southold Town Board of Appeals date to allow mom time, information and testimony.) 7:45 pm Appl. No, 5163 - NATHANIEL AND SUSAN KWIT. This is a request for,Variances under Section '~00-23~ based o0 t. he April 1'8, 2002 Notice of Disapproval, for proposed reconstruction of a two-story residence .... :!i~ a nonconforming location at less than 75 feet from the bulkhead structU~ and less than 50 feet from the ~ear ~. ~roperty line. frhe exist ng nonconforming dwelling will be demolished. I~ocation: '1000 Old Harbor Road New ~Uffolk; parcel ~17.-5-12.1. samuels & Ste~lman Architects. 7:55 pm Appl. No. 5174 - ARLENE MANOS. This is a request fqr a Variance under Sectiop ~100-239.4A(~), ~aSed. ,On,the Building Department's April 2, 2002 Notice of Disapproval ~o foqate an ~access~ry 'in-ground SWimming pool at less than 100 feet from the top of the bluff or bar~k of ~he EonO Island~ Sou~,nd; Location of Property: 2000 Sound Drive, Greenport; Parcel 33.-1-18. Cathy Mesiano. 8:10 pm Appl. No. 5171 - STEPHEN SACHMAN AND ALEXIA QUADRANk This;is a request for a Variance ~nder Section: ~00-242A and Section 100-244, based on the Building Depa~ments May 8, 2002 Notice of Disapproval fo"r a ~proposed second-story addition at the~sa~e nonc0nfor~ing southerly sideiyard setback as ~xis~!~t le.~s ~hari the code requirement of 15 feet. Location Of Property: 4705 Nassa= .Polnt R;~ad, Cutchogue; Parcel 111.-9~9. Cathy Mesiano. This 100-33A, ! garage at a '~eight that Parcel · 96-1-18.2. Arct1 tech ~ologies~ 8:20 pm Appl. No. 4778 - CRAZY CHINAMAN CORP. This is a Article.VII Sectic~ 100-71B($) to ~stablish apartment use Sectioo :100-91B(4!. Location: 11776 Mum Road, Mattit[icl.:: Office. William'Goggins, Esq. EDWARD AND PAULA. QUINTIERI'. ur~der based on ~ of ~to locate~ an than a I With a setback at leSs~than 40 f Mattituck; Parcel. 122~3-34 1. MALCOLM and ETHEL McALLISTER. ruder equeat ird. or th~.required slate yard View Ave~lue. Fis End Of.h~ar/ngs. ~: II. POSSIBLE DELIBERATIONS/DECISIONS on the followin(i al3plicatioes: A. Po.~ible straw poll, or possible vote to take action {decisions): Page 4 - Agenda updated 9/19/02 12:36 PM Regular Meeting of September 19, 2002 Southold Town Board of Appeals Re:. carryovers from previous meeting calendars: Eh Appl. NO. 5072 - Dr. J. Callis & Others. (Carryover from July 11 ). Monument or structure height. Appl. No. 5068 - Glenn and Christine Dawson. (Carryover from July 11th)). Accessory building for use as guest quarters for family use. Appl. No. 5162 - David Thompson. Mezzanine level above code story limitation Appl. No. 5148 - Ronald Winkler, Elliott Stone, Gall Doroski. Lot Waiver for vacant lot of 18,895 sq. ft. to be separated from remaining land(s). B. Possible Straw Poll, 'or alternatively formal Vote for action/decision (after completing Deliberations} - from list at tonight's Agenda Item II, supra. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. New Hearings/Regular Meeting Date confirmed: 6:15 p.m. October 17, 2002. B. Special Meeting reminders October 3, 2002, for carryovers/decisions when appropriate, plus carryover hearings for: 7:00 pm Appl. No. 5150 - T. and A. LAOUDIS. Two stone-wall entry gates over 4' in height in a front yard. 7:10 pm Appl. No. 5084 - 640 CHURCH ST. LLC. Multiple variances relative to building andr-e~'~: standards (continuation from 8-22-02). c. V. POSSIBLE EXECUTIVE SESSION (litigation pending - t/b/d). . So /tho d Hah Gerard P. Goehzinger, Chairman 53095 Main Road ~ Lydia A. ~ortora P.O. Box 1179 ~, George Homing Southold, New York 1197143959 Ruth D. OIiYa ZBA Fax (631) 765-9064 V'mcent Orlando Telephone (631) 765-1809 http: southoldtown, northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2002 Appl. No. 5162 - DAVID J, THOMPSON Property Location,: 1'400 Sound View Avenue. Orient; Parcel 15-3-22: 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. PROPER,TCY.-FAC,,TS/DESCRIPTION: The applicant's property is a 13,518:7 sq. ft. parceltocated or~;the'S0uth s[db bf Sound. View Road. Orient. The dimensions of the lot are: 100 ff. along Sound View Read, 125 ft. deep, and:116 ft. along the rear property tine. The properties adjacent are: vacant On. the wes[ sMe, a new dwelling under construction ,on the east side, vacant on the ~¢.,, sOUthweSt ~ar lih~.';and' an existing dwelling to the southeast .... BASIS OF APPLICATION: Building Department's April 4, 2002 Notice of Disapproval, for an area d~rmined+ by;ti3e,' 'B~ I,din'g Department to be greater than the 2 l]2-story code limitation. (This aiwa is a]3o~,e th~e.~se~Idnd,flo.or~aster bedroom and adjacent to a small attic.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22, 2002, at which time written and. ora¢l evidence was presented. Based upon all testimony, documentation, personal inspection of the property ~n¢~the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Variance under Section 100-30A.3 and Bulk Schedule to allow for a mezzanine, adjacent to a small attic, above the second floor. The floor area of the mezzanine is 248 sq. ft. whichis, less than one-third of the (second floor) area below it. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board ~nd personal inspection, the Board makes the following findings: f~- Grant of the' area vadance will not, produce an undesirable ~hange in character of ,r~ghborhood o~:a de;[r~rrtent to nearby properties. The request for a vanance on this apphcatlon s an internal alteration which cannot be wowed from the outside. The house from grade is 35 feet to the mean rfdge. The building will remain as a single-family dwelling without aW-increase in the livable floor area with the additional mezzanine area. Page 2 - September 19. 2002 AppL No. 5162- David Thompson 15-3-22 at Orient 2. The benefit sought by the applicant cannot be a~;hieved by some method, feasible for applicant to pursue, other than an area variance. The purpose of the mezzanine is to allow for more natural lighting to the lower floor areas. The height will not exceed the code requirement of 35 feet. 3, The requested area variance is not substantial. 4. The relief is a self-created because it is within an architectural design planned at the applicant's request. 5. There is no evidence that the grant of the vadance will have an adverse effect or impact on the, physical or environmental conditions in the neighborhood or district. As explained in reason number one above the variance is internal and the house meets all the required setbacks and is less than the 35 ft height limitation of the code. By utilizing a cathedral ceiling, the applicant is able to construct a mezzanine in the half-story area. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-E motion was offered by Chairman Goehdnger, seconded by Member Orlando, and duly carried to: APPROVE the application as applied for and SUBJECT TO THE-FOLLOWING CONDITIONS: 1. The windows in the Mezzanine shall be able to be opened:-, 2. There is to be a chain ladder located in the mezzanine area for e~rgency purposes. 3. The area shall NOT be used as a habitable, living area at any time. This action does not authorize or condone any current or future use, setback or other features 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 Goehrin?g~rJtGhafl'm~n), To~' g, Oliva, and' Orlando. This Resolution was duly adopted (5-0).~ J / GG:VO / ~_~7~./~~~ ~~~/ // /'/~ APPEALS BOARD MEMBERS ~ Southold Town,Hall Gerard P. Goehringer, Chairman ~ 53095 Main Road ?~-" Lydia A. Tortora 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 http://southoldtown.northfork.net BOARD OF AP;PEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS A~D DETERMINATION MEETING OF SEPTEMBER 19, 2002 Appl. No. 6191 - MALCOLM and ETHEL McALLISTER 1000-9-6-8.4 and 8.3 STREET & LOCATION: NW side of Oceanview A~en. ue, Fishers ISland SEQRA DETERMINATION; The Zon ng Board of Appeais has viseed the property under consideration in this application and determines that this review fails under the Type I1 :category of the State's List,of Actions, without an adverse effect onthe environment if the project is implemented as pj~nne~. PROPERTY FACTS/DESCRIPTION: AppliCants' property is located on the northw~est~ side of oceanvie~ Avenue,~Fishers Island. ~he property is a 3.12acre parCel improved witl~ two single-family dwellifigs, all ~as shbwn on the map prepared by Char~dler, Palmer & King, Survey0rs ~mend6d! 6I:~810~[~ ~ BASIS OF APPLICATION:, Building Department's July 8,2002 Notice of Disapprova for the !reason tha~t ~;POrtion ~of a new accessory swimming pool str~cture [as formed) is located ;partly in a front y~d'and side yard, rather than in the required rear yard orin the area 'conditions !under ZBA Approval #5025 rendered 12/13101. FINDINGS OF FACT The Zoning Boardof Appeals held a public hearing on this application on September 19, 2002, at which time written and oral evidence was presented. Based upon ali testimony, documentation, perSonal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA, VARIANCE RELIEF REQUESTED: A variance is requested under Section 100-33 for a swimming pool structure, which location was modified by the owner or his agent, and requested in a ~similgr yard !area, determined by the Building Department to be partly front ,a~d Side yard, as shoWn oni'the amended map prepared by Chandler, Palmer & King dated 6/28/02. The setback is shown at 64 feet from Ocean View Avenue and 106+- feet from the southerly property line~ ~REASONS FOR,BOARD ACTION: On the basis of testimony presented, materials submitted, !and persona inSpec~o.ns; the Board makes the following findings: variance will not produce an undesirable change in the character letriment to nearby properties because the location of the for a 60ft. front yard setback from Ocean View Avenue, from the adjacent parcel. The single family dwelling on this 2. Th~ ~enefit s,ougb~t bY the applicant cannot be achieved by some other method, feasible ?o~ th~ ~pplican~ to i~u~ue~ other than an area variance, because the steep topography in Page 2 - September 19, 2002 ZBA Appl. No. 5191 -McAIlister 9-6-8.4 and 8.3 the rear yard area, and the. location of the applicant's driveway, which is also in the rear yard, leaves the side yard as the only feasible location for a pool on this property. 3. The request variance is not substantial because the pool will have a 60ft. front yard setback, and a 100+ft. setback from the affected side yard. The total lot coverage after this construction will not exceed the allowable coverage for this parcel, which is located on 3.12 acres, in an R-80 zone. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. There are no wetlands that will be impacted, and the pool will be screened along Ocean View Avenue by a preexisting 6-8 ft. tall hedge row. 5. The difficulty has not been self-created, but is due to the steep topography existing in the rear yard. 6. The action of this board, in approving this area variance, is the minimum that is necessary and adequate for the property owner to benefit from the addition of a pool, while at the same time preserves and protects the character of the neighborhood, and the health, safety, and welfare of the community. REASONS FOR BOARD ACTION: In considering al of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Chairman Goehringer, and duly carried, to GRANT the Variance as applied for, in accordance with the survey prepared by Chandler Palmer and King (CPK Design Group) dated 6/28/02, with the same condition(s) as provided under Appl. No. 5025 (regarding a landscape plan). 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 Goehringer ~ortp;~ra, Hornin~]r~li~e~and Orlando. This Resolution was duly adopt~