The URL can be used to link to this page

Home My WebLink AboutZBA-11/21/2002 ~"'~-~--"~~''Í'¡'''''~ --'"'·~·~-·-·~''-~~·~··r''~~···="·===--------- ? o o , Southold Tdwn Hall , 53095 Main Road P.O. Boxi1179 . Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63Ü765-1809 http://southoldtowh.northfork.net '. . ... I r"~ APPEALS BOARD MEMBERS ,:!$;; Gerard P. Goehringer, Chairman J Lydia A. Tortora r'\J <George Hornmg ~ Ruth D. Oliva f::."'- Vincent Orlando (I Prep_ 11/20 BOARD OF APPEALS TOWN OF SOUTHOLD AGE~DA' SPECIAL MEETING THURSDAY,NOVIZMBER 21, 2002 l. ,) 6:~0 p.m. Call to Order. . . :. , -.,. 1,'s:tATEENVIRONMENTAL QUALITY REVIEW DETËRMINA TIOO~'fSEQRA}: r,:, Peì1dí.ng f?~Wiè'wsand Site Visits. . . ... {;q , ' " , .~. .- II.. CONTiNUA tIÖNJOF. PUBLIC HEARINGS:. Written testimony i~ lieu of extensive pra/ t~!?til11PnyV~ req¡¿esifJd ~md. appreciated. A/I testimony shall be limite,d to zoning iSS!ies bi3foretMßoàrd:l ' .Oarrvovets fárcontfnued discussions Per Resolution adopted 11-14-02: f",," "r·',"'· t" '4,''-'' ,. "':,: '. '.' ". ,',' ..... '. ::- " \ 7:15pm - MÞ\. No. 5201 - RORY KLINGE and CAROL RAND. This is a request for.fli Var.Iar1~e ynder Sections 10Q"242Aand 100-244; based 9n the Building pEÌ~ttmJ!Qt~:(1Úly~~~, 2002. Noti.ce.Pf PiSappr?vàl, for p~rmissiBn~o. constuct .addltl()ns <!P1~aftE¡r¡;¡tlons to. anexl~tln¡;J dwelling In a nc¡ncqnformmg' set~ack JdCé\tlon, {¡;iQ~J~sS!hän35 feet frOm<fu~front lot line, I~ss than1Q feøt on a single side, amtlø~~ih~n 25feetfór bo~h$ja~ yards. LOCa1iÞÌ1 ofiPrope(Ìy:420 Ste~ing ~Iape:~ G,r~éÌ1qort; Parcel 34-3-17. (Car-ryover frorn 1 M 4-02)" New lv1~ps iSQbmltteß 1'!t¡Jt-9fÔJ2: ., ~. . '.,Cr 7:20' pm , Ä· !Vädðn(:e¡ .' 20\)'2 No¡ I an prea, WaferS t.!~ \ 'l~! '"", t ,: I ,':~;:\, 1 ··i'i$JP'"IP~p7 ~GAR¥ and JOANNA CAMPO. This is a request fÞr a '~~~Ptí~n tOO-30M" b¡;¡¡;edon the BÚjl9ing iDePartMent's JUlyi'¡23, . P¡~pprovéll, for perrnissioö!ò consfrLlctai\1 aècèØsory¡garag~ in ! ,.,.1;:,;', --,:, ,.... . ... "': -.. ..' -, ., '. ..,'.! '!!iéJrr ~tie r-equired rear yard. L,ocaúon of! Prppe(tY: 650 TlJree d~;ParceI15-!;!i21i1:. ..' ,',' " .. .',. I ~ ~...." ~ ' l End 06!ìI:JWing~:. m. A. POSSIBLE.. RESOLUTION TO CLOSE. THE RECORD, ON EACH FOLLOWING.···'AND POSSIBLE DELIBERATIONS/DECISIONS .on' the carryovers fromprevious l11eetinQ calendars: ' OF THE following ! Appl. No. 5223 ~ DANIEL WEST. This is a request for a Variance under Section 100- 244B, :basrd Oil, th~ Building pepattment's July 27, 2002 Notice of DisapprOVal¡l~fOr permission to cdi)strud aqditions/alterations to an existingdw!!lIing, part of whiq is locatedatte$s than 135 fe~ffrom the front property line facing a private rightèof"way. '120 Private Rbad, 665'Goose Creek Lane, Southold; Parcel 77-3-24: II .' 0{~ Page 2 - Agenda upd II t<. ),t. ) November 21, 2002 Special Meeting Southold Town Board of Appeals , ,é ZH-p\., :~ZL~'; ~;_1 L . '-'--, - ~.\ -'. --:-..,-, c-. Appl. No. 5213 - THOMAS VLAHOS. This is a request fora Variance unejer Section 100- ,.244B baseej on the Builejing Department's August 20,2002 Notice of Disapproval, for 'permission toconstracta seconej-floor aejejition to an existing ejwelling over the rear portion which has a nonconforming location at less than 35 fèet from the rear property line. 250 Summit Drive, Cpï. Kidej Estates, Mattituck; Parcel 106-2-9. Appl. No. 5195 - DIANE DUNBAR. This is a request for a Variance unejer Section 100- 2448, based on the Building Department's July 9, 2002 Notice of DisapPïOval, regarejing proposeej aejejitions/alterations to an existing ejwelling in a nonconforming location at less than 35 feet from the front property line. 615 Dogwooej Lane, East Marion; 37-1-11. Appl. No. 5210- DAVID and LAUREL SMITH. This is a request for a Variance under Section 100-30A_3, based on the Building Department's July 26, 2002 Notice of Disapproval, for permission to construct additions/alterations to an existing dwelling in a nonconforming location at less than 50 feet from the front lot line. Location of Property: 1010 Bay Avenue, Mattituck; Parcel 143-3-17. Appl. No_ 5203 - RONALD and DIANE EKSTER. This is a requestfor a Variance under Sections 100-242A and 100-244B, based on the Building Department's March 1, 2002 Notice of Disapproval, for permission to locate a deck adejition at less than 35 feet from the front property line, at 17000 Main Street, New Suffolk; 117-9-23. Appl. No. 5206 - PATRICIA GARABRANT. Proposeej Accessory Bed and Breakfast use incidental to the applicant-owner's residence in the existing ejwelling, locateej at 9625 Main Roaej, east Marion; Parcel 31-3-21. Applicant proposes loejging for up to four (4) guests anej a maximum of two (2) guest B & B rooms, with serving of breakfast to the applicant's guests unejer the Beejand Breakfast. I I l Appl. No. 5205 - FRANK AND CAMILLE PIROZZI. This is a request for a Variance unejer Section 100-244B, based on the Builejing Department's July 23, 2002 Notice of Disapproval, for proposed aejditions/alterations to existing dwelling which will be Jess than 35 feet from the front lot line. Location of Property: 1090 Bayview Drive, East Marion; Parcel 37-5-9. r I ¡ Appl. No. 5150 - T. anej A. LAOUDIS. Height variances are requesteej for proposeej stone wall anej gate structure, all exceeding the coeje's height limitation of four feet in or along a front yarej, at 635 Kimberly Lane, Southolej; 70-13-20.4. (Letter receiveej 11-21- 02 with aejejitionalinformation.) ,. ~- i r . Appl. No. 5160 - MIRIAM REALTY. Proposeej are (1) adejitions anej alterations to an existing dwelling with setbacks at less than 10 feet on one sieje anej less than 25 ft. total sieje setbacks, (2) an accessory building at less than three feet from the property line, (3) total lot coverage for all buildings in excess of the code limitation of 20 percent. Location of Property: 425 Miriam Roaej, Mattituck; Parcel 1000-99-1-31. G' b PageJ - Agendaù¡Jd, 1l121/0,2tf"":1 NQvember 21, 2002 Special M~ Southo1d To~ Board of Appeals d) <,." ,t, ..", III. (continued) ';,8,Delib~~ations/DeCi$iOns from Public Hearinasheldearlierthiseveninf (see Aaenda "ltem,II;'sunra). ',' ~v ' ' ' , .' ". . ", . ...;....; !., \. " .......' ~ .._. - Apþl, Nttp201 c RORYKLlNGE ,and CAROL RAND. AppL No. '5207- GARY and JOANNA CAMPO. -" .v,'fV;;; ROSSIBLE'RESOLUTIONS/UPDAJED REViEWS/OTHER: A_ ~Øsptuti(m: cortfirq1ing new Hearings/Regular Meetihg; of December 12, 2002,6 pm_ . B. l~f()r",aJ W9rk Ses$ion/l'ieview$: FilesNo, 5214 - 5270 (new applicatiQns). C. ~olutiOI:l auihoriijng adver:tising·of nl?W applications by December 16t~ for Regu!ar.M~eting of JanuarY 16,2003 (10 àm in Conference Room; 11 am in lVIeeting ¡-¡all,' (Last official newspaper publication. on Thurs., Dec. 19th. 0, V. POSSIBLE EXECUTIVE SESSION (litigation pending - !IbId), r \.-. __·._.~o~.~_"~~____·."~__.,..""""·.~_,.,",,,,,,,""___'''''' APPEALS BOARD MEMBERS Southold TJ\vn Hall . I 53095 M¡¡jh Road P.O. Bo:><l1179 Southold, New Yqrk 11971-0959 ZBA Fax (63~)765-9064 , Telephone (631-) 765-1809 http://southoldl:üwµ.northforknet Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva V1nce.nt Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIO'N:S AND DETERMINATION MEETING OF NOVEMBER 21, 2002 AppLNo. 5~06 :}ATRICIAGARABRANT Location ofPropeqYi 96,2~. Maln Road, ~st ~~on;parcel 3 F3-21 REOUEST· MADE BY APPLICANT:, T.Ws. is a.request f:or a Special E)(ception IUldeE Artitle III, Se.cþon 100-30Â-2B ancl, 100·'3ÌB,· snb-sections14a-d of the Southold Town Zoningi,iCode (amended 2.7-9)_ Applicant-owner requests an Accessory Bed and Breakfàst, accessOljY and inpideµtalJo the oWt1l:r'sP'c,'Cnpancy infhj,$ singleel:ànûly dwelling, with up to two (2)gµ\Jst~· & B bedrqOl))s for l~ing·~d se1'VÎ11g of breakfast to a Il1a4Ìn1Un1 offour (4) B & B guests. . PROPERTY DESCRIPTIO~: . This property contains approximately .75 ofaX\ acre located i?n the nort)jside qf tbe'¥!l.ìRW(¡ad '(\îÎkla State Rputé 25) in East ¥arion. '):'he property isìmproved ¡with a single-family dweJ;!ÌJ1Wand an <!-Cpessory building. The dwelling 15. occup1ed by the owner:and 15 mali\!alned ~ a5i1gl'ìfamìlYd~é\ling. FINDINGS OF FACT Thl;l Zoning Boarti 9f Appl;la!s ~eld a public hearing on this application. on November 14, 2002, at whiCh time writtel1~d orall;lvidl;lnce was presl;lnted. Based upon all testimony, documentation, personal inspecíiQn 'þf the property and the area, and other evidence, the Zoning Board finps the following facts to be true and relevant REASONS F?R B?ARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1., 'r~is usè as requjJ~ isreasonaþll;l in relation to the District .in which is. located, adjacent use districts, andneàrÞÝ. al1<:! adjacent residential uses. This proposed Bed and Breakfast Accessory Use is incidental to t111;1 applicants-owners residence in this dwelling as a single-family dwelling. 2. The own~r's proposed B~d and ,f3reakfast accessory use will. not prevent the orderly and rl;lasqnable u¡¡e of apjacent propertil;ls, or properties in. adjacent use districts, or of permitted or legaHy established uses in this zone district or adjacent use districts. .' . 3. The safßty, hl;lalth, wèlfare, comfort, convenience, order of the town would not be adversely affected by th¢ prOPOSl;ld Bed and Breakfast accessory use and its location. 4. The. structure wilt be readily accessible for fire and police protection. 5·.1irepfOpq~l;Id·,u.~,~~lbe inl\armony with, and promote, the general purpose and intentofthe zpnil1g cqde (Qljap~r.1op) and will be compatible with its surroundings and with the characterofthe .1··...,..'.... .,C" ' n¢ighborhood and öfthecommunity in general. 6. The Spl;lcial I;xCèption is for approval of an accessory use (Bed and Breakfast in the existing singll;l~family home), wllich will not prevent the orderly and reasonable use of this propßr!y or I .~ _...~ \'d"" Page 2 - November 21, 2002 AppL No. 5206 - P. Garabrant (B&B) 31-3-21 at East Marion adjacent properties. 7. No evidence has been submitted to suggest that this use will have an adverse impact on physical or environmental conditions in the neighborhood_ This accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 8. No adverse conditions were found after considering items listed under Section 100-263 and 100- 264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Tortora, seconded by Member Oliva, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described abç>ve, SUBJECT TO THE FOLLOWING CONDITIONS: 1) A minimum of four (4) parking spaces shall be on-site on this property (two for the Bed and Breakfast Use and two for the single-family dwelling). 2) Applicant-Owner shall occupy the dwelling as their principal residence, and shall obtain Ð a Certificate of Occupancy or Compliance from the Building Department before ... occupancy of the building as a new Accessory Bed and Breakfast. 3) This Authorization by the Board of Appeals is solely for an Accessory Bed and Breakfast and does not include use of the lot and buildings for any other use or purpose. 4) The owners-applicant shall obtain a B & B permit from the Town of Southold Building Department as required by Code Section 100-31(B-14). 5) There shall be no backing out of cars onto Route 25. 6) There shall be a flexible chain ladder placed next to each guest bedroom for emergency purposes. 7) The Board of Appeals reserves the right to visit the dwelling regarding compliance with the conditions of this approvaL Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Oliva, and Orlando. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent) GG:LT ,., .~,~=_,_,_~"."_~.o~~~-,~._~_·..~~."'."'"",,~__~_ . , t ." Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971c0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://sQutholdtow¡{,northfork.net .; AFPEAtS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBËR 21,2002 Appk No. 5207 - G. amj J_ CAMPO location of F>roperty: 650 Three Waters Lane, Orient 1000-15-6-24 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property Under cO(1sideration 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 FACIS/DESCRIF>TION: The applicant's property is located on the east side of Three Waters !..ane in Orient and is improved with a two-story frame dwelling as shoV\(n on the surVey map prepared by Harold F. Tranchon, Jr., P.C. (final dated 6-14-02). BASIS OF APF>LlCATlON: Building Department's July 23,2002 Notice of Disapproval ~. denyihg a permit to construct an accessory garage in a side yard rather than a rear yard , location as ·req\.lired. urlder Section 100-33 of the Zoning Code. ""- FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 14, 2002 and Nov¡;¡mber 21, 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: AREA VARIANCE RELIEF REQUESTED: Applicants are requesting a detached acce$Sory garage of 20' wide by 27' deep, with a minimum setback of 10 feet from the northerly (side) property line and approximately 62.5 feet from the westerly (front) line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal i~spections, the Board made the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of u f '1 ^_...---".-"~","~~~--~-"'_.'- Page,2~ November 21, 2002 Appl. No. 5207 - G.. Campo 15-6-24 at Orient the neighborhood or a detrimer:lt to nearby properties. Applicants' property has a fear yard of 24'1", Which was an area addressed at a hearing. Applicants indicated a need fór this garage structyre. for storage purposes. '. At the hearings, nO objectlon~ or cc>nc~nJs were r~se(:! by any of the. adja~nt or œntiguous neighb()fS regarding ¡this 'próposed constructiOn. ~, .111~ benefit SO\-lgl1t t;¡y the applicant cannot be achieved by sOIT1e method feasibl~ for ,the applicant to. pwrsue,pther than an area variance. The rear yar~ of the premises¡!s $igníficantly~ímiJ"'lished. The only alternative for applicants is an area variåflce application to þlac;e th~. garage in a sitle yard location. 3. The. variønce grante,d hereinisnotsybstantial. APplicants agreed to move the gaJ'age t:1pproximately1.0'ß" farther from Three Waters Lane (front property line). 4. The variance granted will not have. af! atlverse effect or impact on the physical or E¡nvírOf!mental contlitions in the neighborhood .... or district No evidence has qaen s.ub¡ijiìtetl to,thJs boartl to sqggesUhatthis minQr variance will have. any adverse impact. 5. . Grant of tI1e requested variance is the minimum. action necesspry and adequate to enat;¡!e th:eøpPIi!:~nt to ef!joy the benafitof an atlpition, while preserving and proteçting tþe character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the t;lala("iCÎng test under New York Town Law 267·B, motion W¡;¡S offered by Member Oliva, secontledby, Member Orlando, and duly carried, to GRANT the variance. as applied for, at a minimum of 10 feet from the side lot line and ~p feet (62,5) feet from the front lot line, and with the CONDITION that the garage þe qsed for code--permitted accessory purposes and not for habitl:\tion purpOses. This action does not authorize or condone any current or future use, setback or qther feature Qf the subject property that may violate the Zoning Code, other than such u$es, ) oil {\ ~. u '~~'-,~...,~..~,,~.......'=_. I . Page ª - Novemþer 21,2002 Appl. No_ 5207 -G. Campo 15-6~24 at orient setbacks and other features as are expressly açldressed in this action. Vote of the Board: Ayes:MemQen> Goehringer (Chairman}, Tortora, Or!¡mdo, andQliva. (MemoerHoroing of Fishers Island was absent.) (Member Horning concurred when a straw consensus ""as taken at the 11·14-02 meeting. . Res,~ was. du~ adopted (4-0). k//' /~ // / Gerard P. Goehring r - A roved for Filing _ ~_...",,_~~_~~·.·.~__~~·__~"~'·~·.___~'.'.r.."'·~'~_···__.,..=_=~~ , ~AP;~;BOARD MEMBERS '},." ~ Gerard P. Goehringer, Chairman r Lydia A. Tortora ( , George HOr~ing \IF RµthD.Ohva ;, . , Vmcent 01Tlando ! ,~ / . ~--é' J Soµ!hold Town Hall 53095 Main Road P.O. Box: 1179 Soµ!hold, New York 11971-0959 ZBA l2'ax (631D 765-9064 TelephQne (oM) 765-1809 http://soµtho1dtowr·not!hfork.net BOARD OJ!¡' APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATION~ AND DETERMINATION MEETING OF NOVEMBER;2r 2002 'i Arpl;No. 5195,_ DIANE DUNBAR Ptop¢rty LO~lltion;615 Dogw()od Lane, Ea~t M;trion; Parcel~7·I-ll. SEORA DE'fERMINATION: The.Zolling Board of Appelds has visited the property under consid. eration in tÌtisapplication and determines that this review falls IIDdet tÌt&;TYØe II .. .' . '",.:.' ...... .'. "'. -::....... . .. ,..... '." . .'.,:.:.... .":,'. ..,...... .')...._.: ....1 category of t~ Stl¢e's List of Actions, withOlIt an adverse effect on tÌte enviì'onm,ent if the project is implemented as planned. . '. ¡. PltOPE;RTY . FASTSID]J;SC}UPTION: The. applicant's property is, a corner, lot 'rith ft¡¡nta~e of7~.98feet along- feet on the north side and 149.77 feet aI~l1g the east si<\e of D~gwood {,alÍe, T~è.propèrty is 16,423+- sq. ft. of land area IJßd is improved with a pne- story frame ho..~e,. IlS more particnlarly shown on the survey preJared by Pe~onic St/rv¢yors, P.C;datéd September 14, 2001. . , ' BASIS OF APPL,IC~TIONf, BlIilding Department's July 9, 2'1ß2 Notic~ of;'Ji~app#val denying IlPe~/lIÏt' .toc¡¡nstl[l!.ct !ldditions/!llterations to an existing dw¢IIQig it) a , ,..' '..- .';'- -"'~;' '.;<:->,.~. '~" . ",_." ..... .. . : . ,.',' ....... . :' : '1- nQnconfottn¡II~I~~~t~O?'a,~ less than 35 feet from the front property line. iil FINDINGS OF FACT , I The Zon,ing BOJlrd of Appeals held a public hearing on this applicatjon on Novemb~~14, 2002, at.'Yc~¡lJh tiwe written 'and oral evidence were presented. Based upon .all testimpny, docuÌn¢ìit4ïofi, personal inspection of the property, and other evidence, the Zoning BQard finds thefQllowing'facts to be true and relevant: ' AREA VARIANCE RELIEF REOUESTED: A Variance is requested under section 100. 2448 (or Rf!lpose<!l additions at 18.7 feet at its closest point to the northerly front prop~rty line. ,,' '- . '.~.'. .¡ I mateHaIs , REASONS FOR BOARD ACTION: On the basis of testimony presented sn;bUiitteØ Îìnd. ¡>ersonal in~pec,tions, the Board makes the following findIngs: I. Appl1cllotownS a non-conforming 16,655 square foot parcel, with two front yards, in , the resid¢fitiaj It,40District. The parcel is im¡>roved with a one story house and deck. ¡The applicallf$1þat~ appli.ed for ¡µt addition for an expanded kitchen, add a dining room, ¡and convert th~~ra~. tP. a. Ui!ister bedroom and, bath, using the breezeway for a den. ¡The existing fri!nty¡trd setbac¡:on Dogwood Lane is 18.7 feet instead of the required 35ft. ¡The relief applied Ifor is an existing setback and the applicants are not asking to increasei the ; -, Page 2 - November 21,2002 Appl. No, 5195-D. Dunbar 37-1-11 at East Marion degr.ee of non-conformity. Grant of an area variance will npt produce an IIndesiraþle change in the neighborhood or to nearby properties. 2. The benefit sOllght by the applicant cannot be achieved by some method feasible for the applicant to pllrslle other that an area variance. The applicants need additional space for their living enjoyment. 3. The variance granted herein is substantial in relation to the code's 35 ft. front yard setback requirement. However, most of the lots in the neighborhood are under the 20,000 sq. ft. requirement. The applicants are not asking to increase their degree of non- conformity, only to rearrange their living quarters. 4. The alleged difficulty has been self- created and is due to the. applicants desire to Þllild additional living space for themselves. 5. No evidence has been submitted to suggest that tbe proposed alterations will have. an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of tbe requested variance is the minimum necessary and adequate to enable the applicants to enjoy the benefit of additional living space while preserving and protecting the character ofthe neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION: Based on the evidence and testimony submitted, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to: APPROVE the Variance as applied for, and as shown on the applicant's sketcbed map showing the proposed conversion of garage and breezeway to living area (bedroom and den), and proposed 12' addition x 32' replacing the wood deck and small shed at the north/east side. This action does not allthorize or condone any current or future lise, setback or other featllre of the subject property that may violate the Zoning Code, other than such uses, setbacks and other featllres as are expressly addressed in this action. 1 5 ,(;j(' , , APPEALS BOARD MEMBEiRS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBAFax (631) 765-9064 Telephone (631) 765-1809 http://$outholdtówn.northfork.net Gerard P. Goehringer, Chainm¡n Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELlBERATIQNSAJI,ID DETERMINATION MEETING OF NOVeMBER 21, 2002 Appl. No. 5201 . RORY KLINGE and CAROL RAND. Property Location: 420 Steriing Place, Greenport; Parcel 34-3-17. Public ¡"learings held: November 14th and November 21,2002 SEQRA DETERMINATION: The Zoning Board of Appeals hélS visited the property under consideréltiQn in thi~ 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 consists of 11,490 sq. .ft. located on the eélsterly side of S1terling Place, Greenport. The property is ill1próved with. éI one-!òto,.y and two-story frame house, located at 12 ft. at its clo$est po.int to the front lot line, .7 of a ft. at the north sid.e line at its closest point, 17.6 ft.· at .it$ clOse$t point from the south lot line. (Ref. August 22, 2002 survey prepared by Peconic Surveyor$, P.C.). BASIS OF APPLICATION; Building Department's July 24, 2002 Notice. of Disapproval· denyil)g a Permit to construct additions and alterations to an exi$ting dwelling in à nom:onforming setback location, and less than 35 feet from the front lot liné,.,.ess tban 10 feet ølt a single side, and less than 25 feet for both $ide yard$ AMENDED RELIEF: After discussion$ with Board Members during the November 14, 2P02 Public hearing, a revised site plan dated November 19, 2002 wa$ sµbmi~e~ rórBoard .conSideration by applicants' architect. In this amendment, the $econdflopraddition is proposed to remain, as originally $ubmitteej,with a 5.1' side Yard$etl:~élck; however, the side yard setback for a proposed screened porch addition w,s increased to a minimum 6 ft. northerly, sieje setback at its closest p.oint. Applicants' new plan eliminates area on the north side of th:! building, w/'lipti'hédinvOlvèd a. greélter increase in the degree of nonconformity. FINDINGS OF FACT The ZOning Board of Appeals held a public hearing On this applicéltion on November 14, 2002 a.nd November 21, 2002, at which time written and oral evidence were presented. Based upon an testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following factS to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants request Variances under ~ I . '¡' i ~,j , , . Page 2 - Nove1I1ber 21,2002 Appl. No. 5201 - Klinge & Rand 34-3-17 at EaSt Marion Sections 1 00-242A and 244B, regarding a proposed additions and alterations to an existing dwelling. At the November 14, 2002, applicants were asked to consider a revÌ1,òion to the screened porch addition with, a greater side yard setback th'lni,the 3'5"proþosed. On November 19, 2002, a revised plan was sUbmitted bY'"1he 'IpPUc'lnts changing the side yard setback for the additions on the oorthside;::thè Second floor addition remains as origin 'Illy submitted with a 5.1' side yard setback; 'Ilso, the screel'led porch addition was revised for a proposed 6ft. ~ide setback 'It its closest point; and the extension north of the existing footprint isoo longer proposed. REASONS FOR BOARD ACTION: 00 the basis of testimony presented, !11áterials !!l,Iþrpitted, 'Indpersonal inspections, the Board, made the following findings: 1. Grant Ofthè area varial1ces, as shoWI) ()nthe reyi~ed plan of 1,1/19/02 prep~red b~ Jc\rçhi~ect"Meryl,Krárn~r will notproc;luceanuî1desiraþle change in the charapter of then7,ghborhood or a detriment to nearby properties. The revised þlan shows adqjtioni3with v'lriable setbacks greater than t,heexisting dwelling's 9-in. noncQnforming setback, which increases the side yard for the second floor not less than 5 feet from the side line., 'Ind, not less .than 6 ft. from the side line for the rear extensions. 2., Tþ~ Þ7nefit sought b}' the applicant cannot be achieved by some method fe~s,ble :,for ttJe applicant *0 pUr5lJe other than an area, variance. The property is ir1)pro~eq, with a dwelling in an existing nonconforming footprint, and its nOnCPOf~rming lo,ç'ltioo ·on a nonconformh1g sJ~ed lot limits possibilities' for e'xPáj1s\Oj1·Without a: v'lriance. ~. r"e, Y,¡I{I'{¡I'1<;e granted þerein is not substantial. The variance meets or exceeds tþe~ii3tijtgn9nconforming setback and grants a modest second-story addition, as reviseél,wit,hiJil the restricted side yard area. 4',Tl;le Wtriançegrantedwilll'lot h,ave an adverse effect or impact on the physical or enYjrpnmertal conditiom;;, in the neighborhood or district. No evidence has beeit:s~b~¡tte(¡ to this bO'lrd to suggest that this variance will have any adverse impact", Th~ l110dified ,plan and greater setback is less intrusive, and is an altt;!máfiveâvaUable. 5. ~r¡i!!11Ç1(the ~equested yaria!1ceis the minimum action necessary and adeqµate t()enª~'e t~eappli<;ant to enjoy the benefit of an addition, while preserving and prot~ptiqg:the Character of the neighborhood, and the health, safety, and welfare of the cQmrnunity. f ,/ Page 3 - November 21, 2002 Appl. No. 5201-Ktînge&Rand 34-3-17 at East Marion BOARD RESOLUTION: In considering all of the above factors and applying the p¡¡l¡¡nCÎl1g test under !\Iew ¥orls Town Law 261-B, motIon was offered by Me~ber Tortora, seconded by Member Oliva, and duly carried, to APPROVE the ¡¡rea variances as applied for, and shown on the plan sUbmitted by Meryl Kramer, Architect, dated November 19,2002. This. action does not authorize or condon~ any current or future use, setback or pther featu~ o{ ~he suþject property thS!.t may violate. tM Zoning Cod.e, other ~han suchiuses, setbacks and otherfeatures as are expressly addressed in this action. Vo~e .of the ßoard: Ay~s: Members Goehringer (Chairman), Tort:ora, Oliva, and 0r'a~o: (M,ember Horning of Fishers Island was absent.) This Resolution was dOlyadop1eçl (4.0). fi$~~I¿'~ð~ Gerard P .Go~n. ·nger. - Approved wr -Filing . ~;.>:ffi¡: »/:1,£/ r.ij¡1rJ'Z-'- VO:lk 1- (', \"'--~' .~ , , ~- Î ;1 !] I' I , !! if i~ H ;J r II Ii '~/' ,:1 '" ,~' , _ ~_·__=,_"_"",___~_·~,~c~,,,,=-~'__._.~·" ·_·""""··"e~_~.~·" ,_"=.,.=--,."",. Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva VIncent Orlando ~ " Sontl1oldTown flall . 53095 Main Road P.O. Box 1179 Southold, New Yor).< 11971-0959 ZBA Fax (631 }765-9064 Telephone (631) 765-1809 http://sol1tl;oldtown.northfork.net BOARD OF APPEALS TOWN OF 80UTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2002 AppLNO. 5203-RONALDand DIANEEKSTER Location of; Property: 1700 Main Street Naw,Suffolk; Parcel 117-9-23. , SEQRA,DETERMlNATION: TheZo(1i(1QB~røpf Appeals ha$visìted the. ¡property under consiqerationi(1 this application and determine$ thaphis review fall$ under the TyPl' II catl3Qory of the Síate's List of Actions, ~ithout an adverse effect On the environment if the proj¢ct is ilTÌþlemerttedasi plannecÙ .. ,'., -. . "- ...., \ \ . :1?RORËRTYI?ACTSlDESCRlPTION:Applicants' property is a 7,000 +- sq. ft. lot located Oiì thß soutli.side.óf Maii1Streètandilhe west side of Se¢ond'Strèet ih New Suffolk. The '" .::"" :" ,,_'" \ :- "', ' ,," :" :-, ' "'.: _" ": :,.,,:" ,,~ ",,' , ,," ":"",,. , '.', ,'.""",, """ ' , r property isit¡1proved with a tw1:>-stOry frame house wit¡¡ se1backs 32. feet from the north:!9rly (f~ont) lot line, 4 ft. from the easterly (front) lot line¡ and 16,3 feet from the wèstE!rly (si(f¡:¡') 'IInEii BASIS OF AFPEAh:. This.is a request for a Vari,lnce under S~çtions 100-242A and 100- ?44B, b~secl.oÌ1'¡t9Ø'Bl:IHçling. DE!pa¡tment'sM~rch t,. 20P2;~oti~of Disapproval, 'for permií;sion tÒ Idcåtean adçlitíon at less than 35feet:from ttre¡ff,Ohtproperty line FINDINGS OF FACT The Zoning ßparçlofAppealsl;1eld a public hearing on this application 01) November¡~4, 2002, at, w~iç;h tim~ w1;itten and oral evidence were presented.. Based upon all testimOny, documentattp!1, . persq¡,nal inspection of the property, and qther evidence, the ZOning Board fihdst!iefollowlng facts to be true· and relevant: :, . :.! : . AREA YARi~Nct: RELiEFR.EQUESTED: Applicants hav!9,an existing single-st#ry, roofed, :open fmQt-pqrch addition, which is approximately 4'1" deep ¡¡¡nd 7'4" wide. APplica~þ¡vli*ht9Teplacethe porch with.an 8 ft, by 12 fte sin$le"story, roofed, open f~pnt porch a~ditipn to the existing reside¡nce. The existing, open !porch has anonconforT1'1lng front yaçds~~ac~of~pproxiT)lately 28+-feet, and the propo$~d new porch would ha~e a front Yatd~ti>ac~ 01'124 feet instead of the code-required 35,.fóot minimum. '. ,:",', '--,":",,' ' , , ,'-" ¡ R.EASONS FOR,:SQ!4.RD ACTION: On the ba$is of testimony presented, materials sµbmittèd amq~rsdnål. inppections, the Board m~kes the foUowing findings: . '1·:' ! 1_ Gra!1t:C!~I~I:!~r;~¡::e wilkoOt produce an undesirable change in the character of 'the neighbqrh?þp oÇ¡a,getriment to nearby properties. The neighborhood is primarily dev71o. p,Øø..vi~hC!,p~r.'.homes pn srpall.nonconforming lots, mallY with fronfyard setba,tks that, do. nq¡t.i11iîee¡itI Joçl¡ay's code requirements. Both lots to the east and west of ,the 'I , · Page 2 - November 21 , 2002 Appl. No. 5203 - Ronald and Diane Ekster 1000-117-9·23 at New Suffolk applicants' property are developed with principal buildings which have front yard setbacks that are closer to Main Street than the 24-ft setback proposed þy the applicant 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. The property is a small, 10,890 square- foot, corner lot. Applicants' single-family dwelling has an existing front yard setback of 32 feet. Without a variance, applicants would be unable to construct any front porch addition to the existing residence. 3. The variance granted herein is substantial in relation to the code requirement. However, it is not substantial in relation to the existing front yard setbacks of other single-family dwellings in the immediate neighborhood. The proposed front porch addition will not be closer to Main Street than other single-family dwellings in the nearby area. 4. The alleged difficulty has been self-created because the code-required front yard setbacks were in place when the applicant purchased the property_ 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the ,minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open front porch addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applyingíhe balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried, to GRANT the Variance as applied for and shown on the hand-drawn location of the addition on survey prepared by the applicant. 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. r ., . , Gerard P. Goehringer, Chairman Lydia A. Tortora (}eorge Horning Ruth D. Oliva Vmcent Orlando , I-~ ;:: APPEALS BOARD MEMBERS S6ûthold ToWn 'Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631~ 765-1809 http://southoldtowri.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD FINDINGS,. DELIBERATIONS ANI9DETERMINA TION MEETING OF N0\t'fEMBER 21, 2002 p"PPI. No. 5190 - JOEL LAUBER tjocation'ofPropl3rty: 4090 ,orchard Street, Orient, 1000-27-3-3.13 , $EQRA:.:¡)ETERMINATION;,..The Zoning Bòard of Appeals·· has visited..the property .ûl1dercQl1sidEÌtftltlpP in: this~pplication and Qetermines that this. revi.ew falls under the Tyþe¡"II"caJéttqry.Þf the: Sfate'sList O1'A01ions, without ah adverse effect on the environment iHhe project is implemented as planned. "¡-'>;-~: ' PR.ORERTY)¡:'ACTStDESCR.IPTION: The applicant's property is situated along Orch¡:¡rd .Stiõ!l3tii~cjr!ieîi' . 'Property ,is. shown as 11017 on the Map of Beaujolais Acres With arttended~~tt¡~q,;élpproV:EJdÞY the Planning Board; Town of Southold, on November 1·~;1'990_¡¡;he'lé¡t:COnsist$..ofapproximately 1_9 acres and is improved with a two-story, singlecfamily'dwê'llitíg', , " \, ICt. ~\ ~ B.ASIS :OF..1.¡6.!PRldCATION: Building Department's August 14, 2001, renewed '_...." _,_ ....: :,', ',,'.. .... . .. '. . I :S¡;¡þte¡11ber:Ig3, ~002Noticeof Disapproval denying a permit to construct a thirdstòry, which is·nolþem¡JttedunderSection 100-32. I FINDINGS OF FACT TheZofling Boarctof Appeals held a public hearing on this application on October 17, 2002, at Whii:;htime written and oral evidence were presented. Based upon, all testimony, .documl3ntation, personal inspection of the property, and other evidence, ~he Zoning Board finds the following facts to be true and relevant: AREA \/ARIANCERELlEF REQUESTED: Applicants request a variance authorizing a third-storyadòitionto an existing two-story, single-family dwelling_ REASONS FOR BOARD ACTION: On the basis of testimony presented, mate~als submitted and personalinspections, the Board makes the following findings: 1. Applicants testifieò that when they purchased the house in 1980, they had a vie..." of the bay. But during the past 20 years, the trees throughout Orient have grown and applicants state they no longer have a water view. Applicants testified that the priniary purpose of the requested thirÒ floor is to gain a wàter view with additional living spa$. Lr\ '< ./ 2. Applicants' single-family dwelling contains two full floors of living space_ Applicants propose to construct a third floor, 21 ft. by 30 ft. with a master bedroom, bath, dressing ~ I' d i'l i ¥ (' ~ (\. ~_.. I I -1 ~-,-------->- APPEALS BOARD MEMBERS SóûJhold Town Hall 53095 Main Road p.o. Box 1179 Southold, New Yo¡-k 11971-0959 ZBA Fax (631) 765-9064 Telephone (63:1.) 765·1809 http://southoldtow¡¡.northforknet Gerard P. GOßhringer, Chaj.nnan Lydia A. Tortora George Horning Ruth D. Oliva Vinœnt Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2002 I. '., AppL No. 5205 - Frank anµ Cail1Ìlle Pirozzi P~op.erty ~ocati~W 1090 B¡¡yview Drive, East Marion; Parcel 37-5-9. S:ËORA DJ;TERMlNATIÒN; The Z01Ùng Board of Appeals has visited the property under Còt1Side!f1tÌo¡¡ in: 1'hís1ÌþPrlcatìO¡¡ anµ detennì¡¡es that tIùs review faIls under the Type II category of the . State's List of Actìo¡¡s, 'Without an adverse effect on the enyjronment if the project is implen1enttid a~ planne¡L . PROPERT\' FAC'[SlDESCRlPTION: The applicant's property is a 13,014 sq. ft. corner lot with fr¡;mIi¡ge 12&.9~ ft.. <J.\ong the south side of Bayview Drive and 85.78 ft. along the west side of Knoll Cirel~ at Gardiners.Bay Estates (Lots 18 & 19 combined), in East Marion. The property is ìmprp~ed with a o!)e~story frame dwelling and garage, as shown on the 5- ]3-02 snrvey prepared by J. Ehlyrs fur í¥ applicants. BASIS OF APPUCi\TION; Building Department's July 23,2002 Notice ofDisapprova1 denying a Pel'1)1ittp constl1.\ct~dditioÌ1s/alterations to existing dwelling which will be less than 35 feet frØm I:I¢' frontJotline_ '. AREAVA·lUANCEREOUESTED: A Variance is requested under Seçtion 100-244B to locate a propo~~d 12 èŽ ~3' f~ variables) addition at the north side of the existing dwelling proposed at 30 f~ at Jts closest pOint (on an angle), as shown on the survey prepared May 13, 2002 by J. EWers, L:S_ REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board andpersoniû inspection, the Board makes the following findings; I. Grant of the area variance wìll prodnce an undesirable change in character of neighborhood or a detriment to nearby properties. This small-proposed addition is typical for tIùs community and will not alter or change the house. 2_ The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursuef other than an area variance_ Since tIùs is a corner lot and the applicant has very close sideyard setbacks already this is the logical location_ 3. The requested area variance is minimal, a 5 foot reduction of a 35 foot front yard setback. 4. The difficulty was self-created when the house was placed in his present location. Page 2 - November 21, 2002 AppL No. 5205 - F. and C. Pirozzi 37-5-9 at East Marion 5 _ There is no evidence that the grant of the variance will have an adverse effect qr impact on the physical or environmental conditions in the neighborhood or district No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental condition in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to their dwelling, while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the cotnmunity. RESOLUTION/ACTION: On motion by Member Orlando, seconded by Member Tortora, and duly carried, TO GRANT the application as applied for and shown on the 5-13-02 survey prepared by John C. Ehlers, L.S. 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_ . This . . ~- .... . ,,' I Gr APY~LS B~ARD MEMBERS Gerard Y. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincellt Orlartdo Southold Town Hall 53095 Maill Road Y.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (6:n) 765-1809 http://southoldtown.northfork.n~t BOAlW OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21,2002 A¡Jp1. NO.. 5213 - Thomas and Mary Vlahos Pr9P~ I..oyation:. 250 SumJ11Ìt D¡;ive, Mattituck 1000-106..2·9 SEO~:DETERMINATION: The ZOning Board of Appeals has visit\Jd the .property under COJ;lsidera1Ì9n in thi$' ¡¡pp~çatiçm à1ld determines that this review fulls UIlderthe Type II category ofth~ Statr's List of Actions, without an adverse effect on the environment if the project is iIt1þlemented as plaMe¡!. PROPERTy FACTSIDESCRlPTION: The applicant's próperty is locate,d on the south side of Su¡1Jinit Drive, M;atiiW<;k,. and is referred to as lot 79 on the Map of Captain. KidcL Estates filed January I~, 194$. T¡heproperty is improved with a I-1ft story fuUIle dwellÙ1g with deck as shown on the Noyember22, 1983 survey prepared by Roderick VanTuyl, P.C. f"""", BASIS OFAFPBICATION; Building Department's August 20, 2002 Nptice of Disapproval [. deJ;lyÏng a pef!11Í~t9.boµst¡"Uct.¡j. sec.ond-flo.or Ìiddition to an existing dwelling over the rear portion ~. which has a noncohfonining location at less than 35 feet trom the rear property line. FINDINGS OF FACT The Zoning Board,.of Appeals held a public hearing on this application on November 21, 2002, at wl¥ch. time written and oral evidence' were presented_ Based npOn all testimony, documentation, pers.oi1¡1 inspection of tht; property, and other evidence, the Zoning Board finds the following facts to be true and relevà1lt: AREAVARli\NCERELIEF REOUESTED: A Variance is requested under Section 100-244B to allow a second-floor¡¡ddition utilizing the same nonconforming rear yard setback location of the existing dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, artd personal inspections, the Board made the following findings: 1. Applicants own a n.on-conf.oTI1ling 10,890 square foot parcel which is located in an R-40 zone. The parcel is improved with a one artd a half story home and attached garage. The applicants have applied for a full second story addition in order to bring the existing second floor up to New York State Fire and Building Codes, to assist their elderly relatives_ The existing rear yard setback is 11 fèet instead of the required 35 feet. The relief applied for is an existing one and would not adversely effect the neighboring properties. .r". '~...' ~ · . 2_ The benefit sought by the applicants. cannot be achieved by some method feasible for the applicant to pursue other than an area variance. The applicants need additional space in order to properly house their elderly relatives. 3. The variance granted herein is substantial in relation to the code's 35 it rear yard setback requirement. However, all the existing lots in this old subdivision are undersized. The applicants are not asking to increase their non-conformity, only to make a full second story addition to their home. 4. The alleged difficulty has been self-created and is due to the applicants desire to build a second story to their home_ 5. No evidence has been subrrùtted to suggest that the proposed additions will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is. the minimll111 necessary and adequate ·tû enable the applicants to enjoy the benefit of having their relatives comfortably housed while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION_· BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Chainnan Goehringer, and duly.carried to: GRANT the variance as applied for and shown qn the 11-4-97 plan prepared by E. Santora, B.SA, Peímy Lumber for the applicants. 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. RO Vote of the Board: Ayes: Members Goehringer Resolution was duly adopted (4-0)_ - - m., c [, ~. ,j,. ~"I Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631,) 765-1809 http://southoldtown.notthfork.net APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELlBE.RATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2002 AppL No, 5223 ..,DANIEL WEST LocaJion of Property: 120 Private Road #31, Southold 77-3-24 SEQRA DETERMINà TION: The Zoning Board of Appeals has visited the property under consideration, in this applic;ation and determines that this review falls under the Type II category of the State'~ List of Actions, without an adverse effect on the environment if the project is irrjplemeníed as planned. PROPERty,FACTS/DESCRIPTION: This 14,605+- sq. ft. described parcel is situated alQng a private right-of-way extending from North Bayview Road, Southold. The property isimpr9ved. with<!n one-story frame house (built about 1979). The westerly bour]'ctary is 10~,1& ft. alon¡¡¡ a traveled right-of-way, with 139.05 ft. and 105.18 ft. along paperright;.of-waysas. shown on the survey prepared March 21, 1980 by Roderick VanTuyl, P.C. The ßuildin:g Department has determined these boundaries as front lot lines. c FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 14, 2002, at Which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANT'S REQUEST: Applicant is requesting a Variance under Section 100-244B, based on the Building Department's July 27, 2002 Notice of Disapproval, for the proposed addition (approximately 9' x 33' L) at the southwest side of the dwelling within the 35 ft. restricted area, leaving a new setback at roughly 28 feet. (Although there is a porch addition shown on the plan at the opposite (easterly) front yard, this area which conforms to the front yard setback was not issued a disapproval, and there is no objection to the 9 ft. extension at 41+- ft. setback_) REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board made the following findings: 1_ Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties_ The relief is for a small sun room and porch. The proposed additions for a sunroom and porch will not alter the character of the neighborhood, or cause any detrimental effects to nearby properties. j , . /'""\ \ ,~ ~ ..____.__.____.__._.__,..._~_~_..___~"._m_'_~__~~~ r """"--'~~---"" Page 2 - November 21, 2002 AppL No. $22~- Daniel West 77-3-24 at Southold 2_ The benefit sought by the applicant Cannot be achieved by some method feasible for the applicant to pursue other than an area variance due to the pre-existing, non- confprming rear yard setback of the building. The applicant's plan .is constrained b~the factthat this property bounds a right-of-way On three sides, and therefore isconsid~red as ~aving three frOn~yards,. each requiring a minimLJm setb<=lGk of 35 feet_ One of the rights-of-wayis unp<=lyedand grassy. 3. Tt!t~varla(lCecgróiotød herein is . not substantial þecause the. applicant will maintain two front yards at greater th¡ln the required minimum setback of 35 feet. The total lot èQvtlrage will,óilso bE;! copfqrming'to the close at less than 20 percent (15 percent) after the completion of tOe project. 4_ 1hevariance granted will not have an adverse effect or impact on the physical or enVirpOmenwl çonditions in thE;! neighborhood or district. No evidence has been sLJbmittE;!çt tothisboarçt to suggest thatthis minor variance will have any adverse impact. The:sGope oUhe project ¡$Very limited, and the rear yard is already nonconforming at 18 feet. 5. The. difficulty for the applicant has not been self-created because the zoning code defines the property with three front yards when three lines border rights-of-way. 6. The relief offered to this applicant is the minimum determined necessary for this applicóint tp enjoy the benefit of a porch and sunroom, 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: In considering all of the above factors and applying the balancing test under New York Town Law 267-B: motion was offered by Member Orl<=lndo, sE;!cpnded by Member Oliva, and duly carried, to GRANT the variance as. applied for, and shown on the plan prepared by East End Drafting and De$ign dated 11-1-02 and the (undated) shaded site sketch preparedþy the applicant. This acUoO çtoes not authorize or condone any current or future use, setback or other featLJre of the sl!bject property that may violate the Zoning Code, other than such uses, setbacks and. other featurE;!s as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Orlando, and Oliva. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent , , , . .. Page $ - NOVember 21, 20P2 Appl. No. 5223- D.ániel We.5I 77-3'24 at $outhold but çoncurred with the. members' consensus disc meeting.) GH ~ ~_. j