HomeMy WebLinkAboutZBA-12/12/2002 Agenda APPEALS BOARD M~MBERS ~ .~.~..~ Southold To~:H~
Gcr~d P. Goehr~ger, Ch~m~ ~~ 53095 M~ Road
Lydia A. To.ora ~ EO. Box 1179
George Ho~g ~ ~u~old, New York ~1-0959
R~ D. Oliva ~A F~ (631) 765-90~
Vincent Orlando ~l Telephone (631) 765-1809
http://sou~oldtowmno~rk.net
OF
TO~ OF SOUTHOLD
t2/6; 121101 12/12 11 am AGENDA
~GULAR MEET~G
T~DAY, DE~ER 12, 2002
~p.m. Call to Order,
I. STATE E~RON~NTAL QUAL~ ~W DETE~INA~ONS [SEO~):
Type H Declaraao~ ~No.~rther steps under State ~):
Appl. No. 5199- ~E G~ERG ~D ~RY C. GAB~L. S~b~k.
A~I_ No. 5209 - D~E D~EK
Appl. No. 5212 - F~K SCAVONE
AppL No. 5215 - RON~D CASS~
AppL No. 5216 - E. SHEE~N
Appt. No. 5219 - JE~ ~d JEAN GOELL
AppL No. 5225 -_ ROBERT ~D CEL~ S~G
AppL No. 5226 ~ ~ & lO~ C~S~
Appk No. 5234 - GUS~
App,. N~ 5229 - H~LER ESTA~
App[ No. 5214 - ROBERT ~D LEONA ~TE
AppL No. 5255 - HOMES ~ I. LTD
Unliswd Declarations with Neeative Ef~ct on the Environment: (pen~ng r~s)
Otherspendingleadagen~rewewsonsiteplansorotherre~ews: fnone)
II. PUBLIC ~ARINGS: Wdtten testimony in lieu of ~ensive oral t~ti~ny is reque~ed and apprec~ted All
tes~mony shah be limited to zoning issues primly before the Board
~2/~pm Appl. No. 5199 - AD~E G~BERG ~D ~Y C. G~EL. ~s is a request for a Vari~
under Section 100-244, bas~ on the Buil~ng Dep~t's July 8, 2002 Notice of Disapprove, for a propos~ deck
~difion to the exi~ing dwelling wi~ a s~back at less ~ 35 feet ~om ~e rear lot line, at 1115 Sold Drive, Gre~po~,
~/~arcelNo. 100 -33- -74.
~l.0 9m Appl. No. 5209 - DI~E DANEK. This is a request for a V~ce under S~fion 100-244, based on ~e
Building Dep~ent's May 8, 2002 Notice of Disapprovfl, for approv~ of the n~co~o~i~ setback of ~ "as -bmlt"
deck locamd at less th~ 35 feet from
~ pm Appl. No. J212 - F~NK SCAVONE. ~s is a request for a V~ce ~der Se~on 100-244, b~ed on ~e
B~lding D~em s August /9. 2002 Noti~ of Disapproval, for a propos~ a~so~ b~ld~g at less th~ five fe~
a~om t~e sid~ xard [ine~ at 1615 FI~x~
b pl. 521 - ONALD CAgS . ms ~s a rquest for Vm~ ~der Se~ons 100-33 ~d 100-239.4,
b~ed on ~e Bu~g Dep~menr s Au~st 22, 2002 Not,ce of D~sapprov~, for propos~ ad&~ons
¥,00 t
Page ~. Ag~a ~pdat~ 12/12/02 i i '43 A~I~z ~ ~
Re~ Me'ting 0f Dec~n~r 12, 2~
South0Id Town Bc~ard of Appeals
1I. PUBLIC HEARINGS, continued:
CASSARA. continued:
, )b/~ from the top of thc bluff or bank at its closest points, and a request to demolish and build a garage building at less
than 20 feet from the s~de lot'hnc and tess than 100 feet from the top of the bluff or bank at ats closost point.
Location of Property: 30185 Cabot Woods Road, Peconic; 1000-73.4-1.
7;a /
.6*40'pm AppL No. 5216 - E. SHEEHAN. This is a request fur a Variance under Section 100-242A and 100-33, based on
the August 19; 2002 Building Department's Notice of Disapproval Applicant is proposing an expansion and increased
~.,~!~height of tl~e existing accessory structure located at less than 10 feet from the rear lot line, and at less ~ 75 feet from the
,...?ulkhc.~d. I oc~,im~ ofPrope~. 640ParkAve Mattimck; 1000~123.-7-11.1 ~.O ,o~,/a
,".',,' ,",' '..' ,o 2La --
5219 - J~REMY and JEAN GOELL This is a request fqr a Varia~uee binder Seetioa'100-244B based
2002 Notice of Disapproval, concerning proposed additions and alterations to an
feet from each the front lot line and rear lot t/ne. Location of Property:.
New Suffolk; 117-9-16.2. ~0
5225 -_ ROBERT AND CELIA SWING. This is a request for a Variance under Section 100-244B
Department's August 22, 2002 Notice of Disapproval, concerrdng the nonconforming setback
/[i~/~0 locatio~ additSons and alterations at less than 10 feet on a single side yard and less than the minimum
ide yards. Location of Property: 445 Island View Drive, Greenport; 57~2-27
KATHY & JOHN ~SKA. This is a request for a Variance under Section 100-244B based
August 26, 2002 Notice of Disapproval, concerning proposed second-story additions and
cfl~r..ck at less than 35 feet. Location of Property: 1300 Minnehaha, Southold; 1000-87-2-11.
,"'*':%') VO
p \[,p':. \,. 52~.[ (,I ~,MARREALTY.Th/sis arequest for a Variance under Section 100-244 based on the
Ihfii,:.n.: )elm. m~,":l ', ',,:;~:,. ~c 27, 2002 Notice of Disapproval, concern/ng "as-built foundation (uff~ler BP #28558-Z
.,,~ ~.,x .... ~ .... ~,~ .~ . ,,m yard sethack at less than 40 feet. LocatiunofPropeny:610ChoisLane, East Marion;
~ofcertified mfi/l/ugs 12/12, howe'v-er adjunrmnent was requestedl2/10 by an adjacent owner for
fled ma/ling ~om posz office:
~[~9~ --'"' ' - HILLER ESTATE. A Lot Waiver is requested under Section 100-26 to merge two merged
:herly (vacag. t 1000-123-3-2) portion contal~ng 18 447 sq. ft. of land area proposed for a future
dwelli~g~ an~d mg}o~d¢~-'being the soueherly 31 031 sq. ft. portion (~proYed) (1000-I 23-3~4.1). The Building Department
In ~ts~ J~aly 19~,200t2-~ot~ce ofD~sapp~co~al, detern~ned that both former lots have merged due to common ownership after
~,. July, 3;, i~98i~ 1, 1983) 125 a~ i65 Bungalow Lane, Mattituck (described land)
Regular M¢~tlug 0fDece~nber 12, 2002
~outhold Town Board of Appeals
~;35 pm Appl. No., 52~4 - ROBERT AND LEONA WHITE, A Lot Waiver is requested un. der Se~ion 100-26 to
~- unmergu a parcel conta~ng 14,000 Sq. ft. of land area, from the adjacent land area also with an area .of !4~000
Based On lke Building Department's 'August 22, 2002 Notice of Disapproval, Lot 28 merged with Lot 27 idue to corranon~
ownership f, or aperiodoftimeafterMay 1983. LocationofProperty: 2290 Harbor Lane, Cutchogue, PamelNos. 103~1-
27anc128. VO Ic~ ~
5 - HOMES ANEW L LTD. This is a request for a Rex(ersal of the Building Deparmxent's
certain interior alterations and/or renovations in~ a pre-existing
~ith a nonconforming front yard setback. Under Sections I:00-31A and
permitted use in the R-40 Residential Zone I)/stdc~, and a setback is required
a Variance is requested under Section 100-243 to allow certain interior alterations and/or
the existing residential building ~___its~ presern setback location. Location of Property:. 9625 Main
Southold; Parcel 1000-88-3-23.1'. ~/ (/,/~¢c.~7
CONSIDER A FURTIt]gR POSTPONEMENT RECEIVED FROM
a Resolution at tonight's meeting would be required to further postpone.)
CHARLIE SIDOROWlCZ. (~ais is a continued hearing, Carried from tho
) Proposed is a new accessory garage building m an area other than the reqmh:ed rear yard, at
p;m. AtYPl, No. 5278 - RICHARD AND ANN VANDENBURGH. This is a request for a Variance under Section
baged on the Building Inspector's November 26, 2002 Notice of Disapproval, for new
,f~.er, ~ ~tition): of the e, xistJng dwelling, at less than 35 feet from the front ~roperty line, at
ParCel 1000,80~1-42.
.~0 pm POSSIBLE RESOLUTION FOR OPEN RECESS/TABLED TO FEBRUARY 20, 20~)2 (applicant's
quest). Appl, No. 5t:93 -_ MAINTREE CORPORATION. (Tiffs is in open recess as a continued hearing, carried over
Octobe~ ~7. 2002 p ~e~uding ~eceipt of additional information.) This application involves conSiderati°n for a change of
use (>fthe ~remises from AduiI Home to ~ourist home and/or counuy inn: 25500 Main Road~ East Marion
· End of hearings.
See next page for continued agenda:
Regular M~fing of Decembex 12, 2002
Southol~Town Board of App*~als
III. POSSIBLE RESOLUTIONS/DECISIONS/OTHER ACTIONS on the following:
A. Applications pending action from previous meeting calendars:
eL Resolution to close written portion of records aoted below; also possible Dellberations/Deeisions:
"' Appl. No. 5210 - DaSd and Laurel Smith.
~ Appl. No. 4958 - A. Marinakis. (Plan information submitted
'/Appl. No. 5150- T. Laoudis
~/~Atypl'A~O No. 5051 Cliff and Phil's Lobsterhouse see #2 below.
Appl. No. 5160- Mir/am Realty (written extended to 12/12; verbatim closed 11/14)
2. Resolution to confirm new hearing date as noted below:
Appl. No. 5184 - W. Seifert.' Hearing calendar of January 16, 2003 instead of January 9, 2003.
Appl. No. 4942 - Breezy Shores, "
AppL No. 5i 92 - Bell and Burkh ardt, Hearing calendar of February 20 instead of February 6.
Appl. No. 5193- Maintree Corporation, Resolution from earlier this evening (to Feb. 20th).
.Reminder: AppL No. 5198 - LaGuardia hearhag carryover for February 20, 2003 (Resol. adopted. 11/14).
'~ Appl. No. 5051 -~ Cliff and Philts Lobsterhouse. REOPEN hearing and schedule for January 16, 2003.
0" Appl. No. 5229 -Hiller Estate. Lot waiver (described land'). /-/~
B. Deliberations/Decisions from Public Hearings held earlier this evening (see Agenda Item 1I, supra).
C. Other Resolutions/Reminders:
/
1. Correspondence from Robert Hughes, Esq. reference ZBA File #1129 - Marie Burkhardt rendered July 2-0, 1967.
Board Member Inspection(s). 1000-78-4-39 and 40 at Main Bayview Road, Southoldi
POSSIBLE EXECUTIVE SESSION (litigation pending - t/b/d).
APPEALS BOARD MEMBERS ~~O~O~' 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
V'mcent Orlando Telephone (631) 765~1809
http://southoldtown.northfork, net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 12, 2002
Appl. No. 5255 - HOMES ANEW I
Property Location: 9625 Main Bayview Road, Southold: Parcel 1000-88-3-23.1.
SEORA 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 property is located on the 9625 Ma'm Bayview
Road, Sonthold. The property contains 41,553 sq. ft. of land area with 186.64 ft. along Main B .ayview
Road and lot depth of 233+- feet, and is improved with a two-story frame dwelling structure as shown
on the survey prepared by Pat T. Seccafico. L.S. dated 3/29/01, revised 7/25/02.
BASIS OF APPLICATION: Building Department's November 6, 2002 Notice of Disapproval denying
a permit to construct certain interior alterations and renovations in a pre-existing nonconforming
multi-family dwelling (see Plans 2, 3 and 4 prepared by Frank A. Restituto, Architect, highlighting the
proposed alterations/renovations and existing construction details.). The reason thai a permit was
disapproved is that the existing building has a nonconforming front yard setback at less than 50 feet
and is used as a multi-famil~ dwelling (preexisting nonconforming use).
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 12, 2002, at
which time written and oral evidence was presented. Based upon all 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 REOUESTED: A determination reversing the decision of the building
department, or alternatively for grant of a variance is requested under Section ~00-243 of the zoning
code.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and
personal inspections, the Board makes the following findings:
The Board recognizes that in nonconforming buildings, internal construction, or alterations
and renovations are necessary. There are no changes in the size or layout of the existing
established footprint of the building covered under the Town issued Certificates of Occupancy
and Preexisting Certificate of Occupancy; therefore4 no variance application is needed to
approve these internal structural changes.
BOARD RESOLUTION: On motion by Member Orlando, seconded by Chairman Goehringer, it was
L
Page 2 - ~ ~ I
Parcel 1000~88-3-Z3.:i at Southoid
RESOLVED, to grant applicant's request to REVERSE the decision of the Building Inspector
dated October 23, 2002, and amended November 6, 2002.
Members Goehringer (Chairman), Tortora, ~ !!iva, and Orlando.
Vote of the Board: Ayes: g,
This Resolution was adopted by unanimous vote ~5-0)~ //
// ~,/ Gerard P. Goehr~ ,er, Chdirman
/~///' Approved for filing
~PPEALS 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://southoldt own.northfor k.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS. DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 12, 2002
Applo No. 5150 - Theodore and Angela Laoudis
Property Location: 635 Kimberly Lane, Southold 1000-70-t3-20.4
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the ~[ype II
category of the State's List of Actions, without an adverse effect on the environment if the
project is implemented as planned.
PROPERTY DESCRIPTION: The applicant's property_is located on tl~e easterly side of
Kimberly Lane in Sonthold, and consists of a total land area of 87,938 sq. ft. and width of
227.34 feet. The property is improved with a single-family dwelling.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 22, 2002,
September 5, 2002. October 3, 2002, and November 14, 2002, at which times 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:
BASIS OF APPLICATION: Building Department's April 22, 2002, amended April. 30, 2002,
Notice of Disapproval denying a permit for a stone wall, entry gate, pillars and sculpture with
varying heights that exceed the four-foot height limit set forth in Article XXIII, Section 100-
231.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing a
stone wall, entry gate, pillars and sculpture with varying heights from 5'6" at the lowest point.
to 16'+- at the highest point.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Applicants wish to replace an existing wood fence and gate with a larger and more
decorative entry gate, pillars stone wall, and sculptures near the front property line of the
residence on Kimberly Lane. Applicants request the additional height of the entry gate to
accommodate design features that are unique to the architectural style of the residence. The
added wall height, applicant's attorney testified, would provide privacy for the residence and
would also create a buffer between the residence and neighbors and vehicles that stop to view
the residence. The project would be suitably landscaped, applicant's attorney testified.
Page 2 - December 12, 2002
ZBA AppI. No. 5150- T. and A. Laoudis
70-13-20.4 at Soathold
2. Several neighbors, who live near the property opposed the entry gate because they
maintained that it would be highly visible from their houses, and become a viewing attraction
that would increase traffic and present safety problems.
3, On November 14, 2002, an amended detailed elevation drawing of the project was
submitted to scale down the proposal. A de~ription of the amended plan was articulated in a
November 19, 2002 letter by applicant's attorney.
4~ The board finds that the requested heigh! variances in the amended plan are still quite
substantial, 60% above the maximum permissible (total height of pillars with sculptures),
5. The board is unaware of any other entry gates and pillars with sculptures, or any other
gOte-type structures, in the neighborhood that are 10 feet high. Therefore, the proposed
project would not be in charac(er with the neighborhood, and could have a negative physical
impact on nearby properties by attracting increased traffic.
6. The action set forth below will enable the applicant to construct a wall and entry gates that
Will afford privacy for the residence. The board concludes that this action will not produce an
undesirable change in the character of the neighborhood or be a detriment to nearby
properties.
7. The action set forth below is the minimum necessary to enable the applicant to construct a
wall and entry gate on the SUbject lot while preserving and protecting the character of the
neighborhood and the health, safety o_nd welfare of the community.
BOARD RESOLUTION: NOW, THEREFORE, on motion by Member Tortora, seconded by,
Member Oliva, it was
RESOLVED, to DENY the variance applied for, and alternately to GRANT a variance
authorizing the following height limitations for the plans submitted November 14, 2002 (plans
entitled, "Gate Elevation"):
1. Wall height up to 5 feet 6 inches, not to exceed 25 feet in length.
2. Gate height up to 8 feet -+.
3. Pillar height up to 7 feet, both sides of gate.
4. End Pillar height up to 6 feet 6 inches, and
subject to the following CONDITION:
The board reserves the right to inspect the landscaping and to require additional
Page 3. December 12, 2002
ZBA Appl, No. 5150 - T. and A. Laoudis
70-t3-20.4 at Southold
landscaping if deemed necessary at that time.
This action does not authorize or condone any current or future use, setback or other feature
of the. subject prpperty that may violat~ 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, Horning, Oliva, and
Orlando. This Resolution was duly adopted (5-0).
y Approved for filing
APPEALS BOARD MEMBERS ~
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Lydia A. Tortora f~I P.O. Box 1179
George Horning ~k~t~l~ Southold, New York 11971-0959
Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando ~4r Telephone'(631) 765-1809
http:#southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 12, 2002
Appl. No. 5160 - Miriam Realty
Property Location: 425 Miriam Road, Mattithck; Parcel 99-1-31; Lot 29, CpL Kidd Estates
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
eonsideratian 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.
FINI)INGS O]F FACT
The Zoning Board of Appeals held a public hearing on this application on September 19,
.2002 and November 14. 2002, at which time written and oral evidence were presented. Based
upon all testimony, documentation, personal inspection of the propert3,, and other evidence,
the Zoning Board finds the following facts to be true and relevant:
BASIS OF APPLICATION: Building Department's April 26, 2002. amended September 16,
2002. Notice of Disapproval denying a permit for additions and alterations to a single-family
residence, and construction of an accessory garage on the following grounds: (1) the proposed
accessory garage is shown at 0 feet from the lot line, instead of the required 3 feet minimum
pursuant to Article III, Section 100-33; (2) the proposed constructions will have a single side
yard set back of 7 feet and total side yards of 16.8 feet, instead of the code-required 10 foot
minimum and 25 foot total side yards, pursuant to Article XXIV Section 100-242a, and (3)
total lot coverage is proposed at +/- 37 percent, instead of the code limit of 20 percent,
pursuant toArticle IliA. Section 100-30 A3.
AREA VARIANCE RELIEF REQUESTED: Applicant requests variances authorizing
renovation and extension of 11112 story single-family residence into a two-story residence with
insufficient side yards, insufficient side yard set back for an accessory garage, and lot
coverage in excess of the 20 percent limit.
PROPERTY DESCRIPTION: The property ~s a nonconforming 10.500 square-foot lot
located on the north side of Miriam Road in Mattituck, improved with a single-family
dwelling. The lot has 50 ft. frontage on Miriam Road and is approximately 210 feet deep. The
rear yard contains a steep slope near the rear property line thal drops sharply to the
adjoining property and houses and road below.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
Page 2 - December t2,2002
Appl. No. 5160 - Miriam Realty
Southold Town Board of Appeals
1. The neighborhood consists primarily of modest-sized, older single-family residences,
located on nonconforming lots created by subdivision in 1948, prior to zoning, All of the 10
lots on Miriam R0gd, all are developed with single-family residences. Of the 10 lots, only!four
(4), including, t~he applicant's, have a lot width of 50 feet, the remaini~ng seven lots have lot
widths ranging from 75 feet to 150 feet. None of the lots on Miriam Road have accessory
garages located at a zero setback from the lot line. Of the four 50-foot-wide lots, none exceed
the 20 percent lot coverage limit.
2. The applicant professes a hardship in order to locate the garage at zero lot line setback
because of an 18 foot high concrete wall constructed on the adjoining property. Applicant
maintalns~ that the garagg will block from view the wall, and that the garage will collect
garbage an{animals if located at the code minimum~three-foot setback.
3. The board find~ no basis for this claim because the applicant could place either plant
screening along the wall to block its view. or construct the accessory garage further away
from the retaining wall, or locate it in another area of the rear yard by revising applicant's
plans for construct a new swimming pool, raised deck, and new gazebo.
h
4. T e applicant revised the architectural plans December 2. 2002, to create a grade-level
patio, thereby reducing the lot coverage to 22.7 percent. The new plan reduces the size of the
pool and moves it two feet further, a distance of 51.4 feet from the rear property line. The
plan includes drywells to catch runoff from the patio.
5. The revised plan, dated 12-2-02, submitted 12-5-02, also includes a Technical Report
prepared by applicant's consultant, Joseph Fischetti, P.E., to stabilize the steep slope at the
rear property line by construction of two retaining walls to mitigate detrimental impacts to
neighboring properties. The board accepts this plan.
6. As to the proposed increased lot coverage, the applicant's property is small and has a
narrow width of 50 feet. In addition, applicant is requesting side yard variances to construct
a second-story addition and. extension to the principal residence to create a 35-foot height
residence, and a new accessory garage,, new swimming pool, new raised deck, and a gazebo.
The above-the-limit' request will result in overbuilding on atiny lot that will not be in keeping
with the character of other single-family~residences situated on 50-foot wide lots.
7. The applicant has alternatives other than the variance requested for lot coverage relief.
The applicant can eliminate or reduce the size of the proposed amenities and expansions in
order to comply with the code.
Page 3 - December 12, 2002
Appl. No. 5160 - Miriam Realty
Southold Town Board of Appeals
8. The action set forth below will enable the applicant to construct additions and alterations
to the single-family dwelling that will not produce an undesirable change in the character of
the neighborhood or be a detriment to nearby properties. The conditions set forth below will
· mitigate and/or eliminate potential environmental and physical impacts of applicant's
proposed construction near the steep slope of the property to adjoining properties below.
9. The action set forth below is the minimum necessary to enable the applicant to construct
alterati°~, and additions to a single-family residence, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
BOARD RESOLUTION: NOW. THEREFORE, on motion by Member Tortora, seconded
by Member Oliva, it was
RESOLVED, to DENY the variance requested for lot coverage in excess of 20
percent, and
RESOLVED to DENY the variance requested to locate an accessory garage at zero
lot line setback, and
RESOLVED, to GRANT variances authorizing alterations and additions to a
single-family dwelling with a single side yard set back of not less than seven (7) feet, and total
side yards of 16.8 feet, subject to the following CONDITIONS:
1. The applicant shall implement the recommendations of the Technical Report prepared by
Joseph Fischetti, P.E. with respect to construction of the two retaining walls, prior to the
issuance of a Certillcate of Occupancy being issued for the alteration/additions to the single-
family residence.
2. All runoff from any point source of this project shall be coutalned on the applicant's
property in dry wells. Any runoff or erosion problems to adjoining properties, resulting
from construction on applicant's property, shall be deemed a violation of the conditions of
this variance and corresponding authorization to obtain the requisite Certificate of
Occupancy.
3. The swimming pool shall be no closer than 52 feet from the rear property line.
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
Page4 -December 12, 2002
Appl. No. 5160 - Miriam Realty
Southold Town Board of Appeals
other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horning, Oliva,i and
Orlando. This. Resolution was duly adopted (5-0).
It //~ ....
// ./G~rard P. Goehringer, Chairma~12-21-02
~ Approved for Filing
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehrifiger; CMirrnan 53095 Main Ko,id
Lydia A..Tprtora 'P.O. Bo~: t179
George Herning Southold, New York 11971-0959
Ruth D. Oliva ZBA Fax (631j 765-9064
- V'~mcem Qrtando - · . . ~..~ ~.~ - ..... Telepho,ne (63J~} 765-181)9 '
. . .. ~.t~://sgatfioldtoCVn. nprthfo~k.net~
...... . .... AppEALS ' _ ,:.
....... BOARiYOF ..............
TOWN OF SO/JTHOLD
FINDINGS. DELIBERATIONS AND DETERM~NATION
MEETING OF DECEMBER 1.2. 2002
':~Appl. No: 5210 -. DAVID AND kAUR,EL SMITH -
~.'Loaati0n of P~'0p~rty: IO10 Bay Avenue, Mattituck 143-3-17
SEQRA DETERMI,NATION: The Zoning 'Board of Appeals has visited the property under
~' consideration in th~s ,a_ppl~ca~iqn and determines that this review falls under the Type I1
. ~date'g0ry: of' the State s- List bf;~ction~, without an adverse effect on the environmeht .if
..... ~'~t~i~ prOj~ct'Js~i~ler~en{ed'a~ 15'ian~eB: ............... ' ' ' ' "- '
~ PROPE~RTYi FACTS/DESCRIPTION: The applicant's 1.44-acre parcel is located on the
~;West~side of Bay Avenue (near Ritey Avenue) in Mattituck, and is improved with a one-
sto~' .house as shown on the survey preparea October 23, 1991 by Roderick VanTuyl,
P.C.
BASIS OF APPLICATION: Building Department's July 26, 2002 Notice of Disapproval
denying a permit to construct a additions and alterations to an existing dwelling for the
reason that there is an addition proposed at less than 50 feet from the front property line.
T.be dwelling exists at 41.7 feet as shown on the 1991 Roderick VanTuy[ survey.
FINDINGS OF FACT
' The zoning Board Of Appeals h~ld a public headng on'this application on' November 14,
2002, at which time Written and oral evidence were presented. Based ~pon all
testimony, documentation personal, inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
APPLICANT'S REQU EST: Applicant is requesting a Variance for a second-floor addition
and 7' x 44' covered porch in front of the existing house, I~aving a front yard setback of
approximately 34 feet.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
st~bmitted, and personal inspections, the Board made the following findings:
1. The grantihg of.this vadance will not produce an undesirable change in the character
of the neighborhood, or be a detriment to nearby properties, because the proposed
additions will not alter the character of the neighborhood, nor will they cause any
detrimental effects to nearby properties
2. The benefit sought by the applicant cannot be achieved by some other method.
feasible for the applicant to pursue, other than an area variance; because the applicant's
Page 2 - December 12, 2002
Appl. No. 5~.10 - David and Laurel Smith
' ' 1000-143-3-17 at Mattituck ' - -
single-family dwelling cannot be expanded with a second,story utilizing the existing
setbaCks without the benefit of a variance.
3. The requested vadance is not substantial because the addition of a second floor, with
a cantilevered roof will not significantly alter- the building~s pre-existing footprint, and, is
granted as applied for. Upon further consideration, this board determined that the 7 ft.
front porch shall not be permitted; however, a five-foot front porch will allowed by a grant
of alternate relief, and is a reduction of the seven foot originally requested by the
. .; ....... applicant. The total Io.t coverage after the proposed addition.will be approximately three
...... pe¢cent. ' '" ................... ' .......
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood, or district because of the limited scope of
the project.
5. The difficulty for the applicant is not self-greated, but is due to the pre-existing, non-
conforming location of the structure.
6. The relief offered to this applicant is the minimum determined necessary for this
applicant to enjoy the benefit of a second floor and front porch, while at the same time
protecting and preserving the character of the neighborhood, as well as the health,
safety, and welfare of the surrounding community,
.RESOLUTION OF THE BOARD: fn considedhg all of theabove facl~ors and' app!yingthe
balancing test under New York Town Law 267-B, motion Was offered by Chairman
Goehdnger, seconded by Member Homing, and duly carried, to
GRANT the variance as applied for, EXCEPT that the front porch shall be
reduced to a five-ft, porch (instead of the original request of seven feet), leaving a
front yard setback at 36 feet at its closest point.
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 Goehdnger (Chairman), Homing, and, Orlando.
NAYS: Members Tortora and Oliva. It is noted that all of the Members, including
Members
Page ~ - December 12. 2002
Appl. No, 5210 - David.and Laurel·Smith
1000-143-~,-17 at Mattituck -~" - - '
Tortora and Oliva, agreed to grant the proposed second-s~t~5, ~ddition.
This.~esolutien was duly adopted (3-2).
J/Gerard P. Goehdnger - Appro~,~/d' for Filing