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HomeMy WebLinkAboutZBA-05/06/2004 SpecialAPPEALS BOARD MEMBERS .~.~0~,~-0-~ Southold Town Hall Ruth D, Oli~,a, Chairwoman ~~5~, 53095 Main Road · er Gerard P. Goehr t~=cr P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando TeL (631) 765-1809 James Dinizio, Jr. Fax (631) 765-9064 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, MAY 6, 2004 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 5:~095 Main Road, SouthoId, New York 11971-0959, on Thursday, May 6, 2004 Ruth D. Oliva, Chairwoman/Member Linda Kowalski, ZBA Confidential Secretary Lydia A. Tortora, Member 6:00 p.m. Chairwoman Oliva called the meeting to order· The Board proceeded with the first item on the Agenda as follows: I. SEQRA (none). I1. PUBLIC HEARING: (none) 10. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations with the Southold Town Clerk: APPROVALS, AS APPLIED: VACCARIELLO. LEN/SOUTHOLD FLOOR COVERING #5503. Request for a Variance under Sections 100~152 and 100-103C, based on the Building Department's December 11, 2003 building (retail flooring business) with a rear yard at less than 35 feet, and bulldl~lg length greater than the code limitation of 60 feet (linear frontage facing C.R. 48}. Location: 46025 C.R. 48, Southold; CTM 55-2-18.1. Zone: B Business· SANTACROCE, JOSEPH and MICHELLE #5506. Request for Special Exception under Sec. 100-31B(13) for aM Accessory Apartment in conjunction with the owners' residence, at 695 PAge 2 ~ Minutes Speciai Meeting of MaY 6, 2004 Southold Town Board of Appeals CHRISTOPHER and TRUDI EDWARDS ~L5509. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to dwelling which will be less than 40 feet from the front lot line. Location of Property: South Side of Madeline Avenue and east side of Crescent Avenue, Fishers Island; CTM 6-8-1. LAWRENCE KOTIK ;~5508. Request for a Variance under Sections 100-242A and 100-244, based on the Buildlhg Department's February 23, 2004 Notice of Disapproval concerning proposed additions With a front yard setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12. McLEAN. LOCKE tAS$'i0 (new hearing and rehearing of #5388). This is a request for a Variance under Section 100-244 based on the Building Inspector's March 4, 2004 Notice of Disapproval, and/or rehearing for a change of use of the proposed add t on, wh ch add t on was approved under ZBA #5359 1/8/04. in part as a garage. The proposed construction will be less th~n 55 feet from the front lot line Location of Property: Corner of Oriental Avenue and the Gloaming, Fishers Island; CTM 10-10-8. ANASTASIADIS. GEORGE #551~ Request for a Variance under Section 100.244B, based on the B~ilding Insr~ector~s February 24 2004 Notice of Disapproval a.m. ended March 12 2064, concerning a'proposed de~k which exceeds the code limitation of 20% for building coverage, at 505 Cpf~. Kidd Drive. Mattituck; CTM 106-5-8. ROMANELLI. JOHN and HEATHER #5513. Request for a Variance under Sections 100- 24~A and 100-244B, based oh the Building Inspector's February 5, 2004 Notice of DiSapproyal con~erninlg proposed add t OhS and a terat ons to the ex st ng clwe ng wh ch WllI b.b ]e~s than 20 feet ~)n a s~ngle side yard, at 3535 Cedar Beach Road Southold; CTM 93-1-6 3. CORWIN EVERETT and MARILYN #5504. Request for a Variance under Section 100-242A, ba~sed on the Bud ng Department's February 6 2004 Not ce of D sapprova concern ng a prQpoSed second-story add~bon which will be ess than 35 feet from the front lot ine, less th;{n ~0 feet on one side yard, and less than 25 feet for combined side yards, at 217 Oak Street. Greenport: CTM 42.1.30. BARTENOPE. STEPHEN and THERESA #5517. Request for a Variance under Section 100- 242A, based on the Building Inspector's March 15, 2004 Notice of Disapproval concerning a proposed second-story addition at less than 40 feet from the front lot line, at 1450 Youngs Road, Orient; CTM '18-2-7. APPROVALS V, qTH CONDITION(S): CORNWELL. THOMAS #5473. Request for a Variance under Section 100-80A, based on the Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road, Cutchogue; CTM 111-2-8.1. Page 3 - Minutes Special Meeting of May 6, 2004 SouthoId Town Board of Appeals TOMAN, ROBERT and SUSAN #5507. Request for a Variance under Section 100-244, based on [h~ Building Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at less than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13. BAUER, WILLIAM ~5515. Request for a Special Exception under Section 100-31B(13) to establish an Accessory Apartment in conjunction with the owner's residence, at 380 Skunk Lane, Cutchogue; CTM 97-3-7. MERIAM, TOM and SUSAN #5814. Request for a Variance under Sec. 100-33, based on the Building Inspector's March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building (storage pool house) in a yard other than the required rear yard, at '1335 Marrato0ka Road, MattJtuck; CTM 115-1~ -26. COWAN HOLDING LLC #8505. Requ?st for a Variance under Section 100-244, based on the Building Department's February 25, 2004 Notice:of Disapproval concerning proposed additions and alterations at less than 10 feet from the side lot line, at 290 Smith Drive North, SoUthold; CTM 76-2-18. IV. RESOLUTIONSIOTHER ACTION: A. RESOLUTION ADOPTED: Appl. No. 5450 and 5432 - OSPREY DOMINION and LIPA, and Appl. N0. 5383 - STANLEY MALON. RESOLUTION: Motion was made by Member Goehringer, seconded by chairwom~h Oliva, and duly Carried, to extend the time for deliberations and vote on Applications 5450, 5432 and 5383 to the 6/3/04 Special Meeting, as agreed by applicant's attorney. Vote of the Board: Ayes: Members Oliva, Goehringer and Dinizio. (Absent were: Members Tortora and Orlando:) This Resolution was duly adopted (3-0). B. RESOLUTION ADOPTED: Application #5334 - DEBRA VICTOROFF Motion was made by Chairwoman Oliva, seconded by Member Dlnizio, to adjourn this public hearing, at applicant's 4/22/04 request to 9~30 AM, June 22, 2004 pending submission by applicant to, and receipt of, Trustees review determination regarding the question of wetlands. This resolution was duly adopted. C. New business (none). D. RESOLUTION ADOPTED: Motion was made by, and duly adopted to modify date of June Regular Meeting and Public Hearing calendar to Tuesday, June 22, 2004 Instead of Thursday, June 17, 2004. This Resolution was duly adopted (3-0). V. EXECUTIVE SESSION (none held). Brief reviews of pending files and general discussions by Board Members followed. No other board action was taken. There being no other business properly coming before the Board at this , Page 4 - Minutes Special MI;efing of May 6, 2004 $outhold Town Board of Appeals time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:00 p.m. Respectfully submitted, Secretary  ed by Reference: ZEIA Decisions (14), originals on file with the Town Clerk, proved for Filing R[CE~V[-D ~ i:o0, , APPEALS BOARD MEMBERS Southold Town Hall Ruth D. OHva, Chairwoman 53095 Main Road Gerard I?. Goehfinger P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent OrIando TeL (631) 7~5-1g09 James Din[zio, Jr. Fax (631) 765-9064 http://southotdtown.northfork.net BOARD OF APPEALS TO'k~'N OF SOUTHOLD prep. 5/3 AGENDA SPECIAL MEETING THURSDAY, MAY 6, 2004 6:00 P.M. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION fSEQRA): (none) Il, POSSIBLE DELIBERATIONS/POSSiBLE DECISIONS on the following applications: Pending Deliberations/Possible Decisions (Hearings concluded 3/~ 8/04): OSPREY DOMINION/LIPA/KEYSPAN #5450. Location: 44075 Main Road, Peconic; CTM 75-1-20.1 & 20.2. Applicant requests a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height limitation of 18 feet, and a Special Exception for a public utility use/structure on this 4.4+ acre site. ~'~ STANLEY MALON ¢5383. Applicant requests: (1) Variances under Sections 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a multiple-use , building with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,82l sq. it. parcel Location: 32845 Main Road, Cutchogue; CTM 97-5-4.5. Zone: B-Business. Pending Deliberations/Possible Decisions (Hearings concluded 4/22/04): THOMAS coRNWELL #5473. Request for a Variance under Section 100-30A, based on the Building Depadment"s December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road, Cutchogue; CTM 111-2-8.1. LEN VACCARfELLO/SOUTHOLD FLOOR COVERING #5503. Request for a Variance under Sections 100-102 and 100-103C, based on the Building Department's December 11, 2003 Notice of Disapproval, and amended Notice of Disapproval, concerning a proposed building (retail flooring business) with a rear yard et less than 35 feet, and building Iength greater than the code limitation of 60 feet (linear frontage facing C.R. 48). Location: 46025 C.R. 48, Southold; CTM 55-2-18.1. Zone: B Business. JOSEPH and MtCHELLE SANTACROCE #5506. Request for Special Exception under Sec. 100-31B(13) for an Accessory Apartment in conjunction with the owners' residence, at 695 Kerwin Boulevard, Greenport; CTM 53-3-17.3. CHRISTOPHER and TRUDI EDWARDS #5509. Request for a Variance under Sections 100-242A and 100~244, based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to dwelling which will be less than 40 feet from the front lot line. Location of Proper~y: South Side of Madeline Avenue and east side of Crescent Avenue, Fishers Island; CTM 6-8-1. Page 2 - Agenda upd. 5/3/04 May 8, 2004 Meeting Southo~d Town Board of Appea~s Pending Deliberations/Possible Decisions (Hearings concluded 4/22/04): LAWRENCE KOTIK #5508. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 23, 2004 Notice of Disapproval concerning proposed additions with a front yard setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12. ROBERT and SUSAN TOMAN #5507. Request for a Variance under Section 100-244, based on the Building Department's February 20, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at [ess than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13. WILLIAM BAUER #5515. Request for a Special Exception under Section 100-31B(13) to establish an Accessory Apartment in conjunction with the owner's residence, at 350 Skunk Lane, Cutchogue; CTM 97-3-7. LOCKE McLEAN #5510 rehearing of #5388). This is a request for a Variance under Section 100-244 based on the Building Inspector's March 4, 2004 Notice of Disapproval, and/or rehearing for a change of use of the proposed addition, which addition was approved under ZBA #5388 1/8/04, in part as a garage. The proposed construction will be ]ess than 55 feet from the front lot line. Location of Property: Corner of Oriental Avenue and the Gloaming), Fishers island; CTM 10-10-5. GEORGE ANASTASIADIS #5511. Request for a Variance under Section 100-244B, based on the Building Inspector's February 24, 2004 Notice of Disapproval, a.m. ended March 12, 2004, concerning a proposed deck which exceeds the code limitation of 20% for building coverage, at 505 Cpt. Kidd Drive, Mattituck; CTM 106-5-8. ,JOF, N and HEALTHER ROMANELLI #5513. Request for a Variance under Sections 100-242A and 100-244B, based on the Building inspector's February 5, 2004 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling which will be less than 20 feet on a single side yard, at 3535 Cedar Beach Road, Southold; CTM 93-1-6.3. EVERETT and MARILYN CORWIN #5504. Request for a Variance under Section 100-242A, based on the Building Department's February 6, 2004 Notice of Disapproval, concerning a proposed second-story addition which will be less than 35 feet from the front lot line, ]ess than 10 feet on one side yard, and [ess than 25 feet for combined side yards, at 217 Oak Street, Greenport; CTM 42-1-30. STEPHEN and THERESA BARTENOPE #5517. Request for a Variance under Section 100-242A, based on the Building Inspector's March 15, 2004 Notice of Disapproval concerning a proposed second-story addition at less than 40 feet from the front lot []ne, at 1450 Youngs Road, Orient; CTM 18-2-7. TOM and SUSAN MERIAM #5514. Request for a Variance under Sec. 100-33, based on the Building Inspector's March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building (storage pool house) in e yard other than the required rear yard, at 1335 Marratooka Road, Mattituck; CTM 115- 11-26. COWAN HOLDING LLC #5505. Request for a Variance under Section 100-244, based on the Building Department's February 25, 2004 Notice of Disapproval concerning proposed additions and alterations at less than 10 feet from the side lot line, at 290 Smith Drive North, Southold; CTM 76-2-18. III. PUBLIC HEARING (none): Page 3 -Agenda upd. 513104 May 6, 2004 Meeting Southo]d Town Board of Appeals IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to adjourr~ per applicant's 4/22/04 ~e~ter to 9:30 AM, June 22, 2004 DEBRA VICTOROFF #5334 (pending submission by applicant to, and receipt of, Trustees review determination). This is a request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at [ess than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). B. New business. C. Resolution to modify data of June Regular l~eeting/Pub~ic Hearin[~Calendar to be June 22"'t instead of June 17, 2004. V. POSSIBLE EXECUTIVE SESSION ¢itiqation t/b/d). APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Ol]va, Chairwoman 53095 Main Road Gerard P. Goehrknger P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando TeL (63~) 765-i809 James Dinizio, Jr. Fax (63i) 765-9064 http://southoldtown.northfork.net I~C~I~D d~L~_~ BOARD OF APPEALS TOWN OF SOUTHOLD , ~A¥ ] 3 ~04 MEET NG OF MAY 6 2004 ~ $ou~o~ Tow~ (',%rjr -~ Appeal ¢5510 with Rehearing of Appeal #5388 - LOCKE MCLEAN Property Location: Bounded on the west and south by Odental Avenue, on the north by The Gloaming, Fishers Island; CTM #10-10-5. 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 tJ 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 1.4 +- acre Jot has frontage along three streets: (a) 300.85 feet a~ong the east side of Orienta~ Avenue, (b) 344.15 feet a~ong the south side of The Gloaming, (c) 156.89 feet aionc3 the south/west side of Montauk Avenue, Fishers ~sland. The property is improved with an existir~g singleTfamily dwe~fing with deck and swimmin9 pool, and accessory garage, as shown on the 11/10/2003 survey prepared by Richard H. Strouse, LbS. BASIS OF APPLICATION: (1) Building Department's March 4, 2004 Notice of Disapproval citin9 Section 100-33, in its denia~ of the ~ocation of a proposed accessory garage/greenhouse in a front yard location, end Notice of Disapproval amended November 13, 2003, citing Section 100-244 in its denial of the location of a proposed addition with a front yard setback at less than 55 feet, and (2) in addition, a rehearing was 9ranted concerning Appeal ¢5388, to include and clarify the purpose of the new construction, as shown on the March 9, 2004 revised construction detai~s. Both the previous greenhouse plan and new garage were eliminated, and in its place and stead is an addition to the dwelling for additional living area with basement below and porch. The proposed construction will be Iess than 55 feet from the front lot ~ine at The Gloaming. FINDINGS OF FACT The Zoning Board of Appeals herd a public hearing on this application on April 22, 2004, at which time written and oral evidence were presented. Based upon eli testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the roi)owing facts to be true and relevant: PRIOR REL1EF/ZBA fl5388: About December 17, 2002, the applicant applied for a building permit to construct a detached 24' x 30' garage with an 8' x 24' attached greenhouse, the northeast corner of which will be 15 feet from the northerly front lot line (along The Gloaming), as shown on the 8/16/03 site plan, amended 10/30/02, prepared by CME Associates Engineering & Land Surveying, PLLC. During the September 25, 2003 public hearing, the applicant was requested by the Board to consider an alternative that would be more conforming to the code's minimum front setback Page 2 - May 6, 2004 Apg. No. 5510 - Looke McLean CTM #10-10-5 requirement of 50 feet. On December 17, 2003, the applicant submitted a revised plan to attach the proposed 28' x 30' addition with 8' x 30' porch, at the northeast section of the dweIling, increasing the front yard setback from 15 feet to 27.5 feet from the front lot ~ine a~ong the Gloaming, shown on the 11/10/03 amended site p~an, prepared by Richard N. Strouse, LES. AMENDED REQUEST: ~n this Petition, the applicants request a 28' x 30' 1-1/2 story addition with ~ivin§ area on the second fioor and basement below, and 8'x30' addition for a porch, at the northeast section of their dwelling. The addition is proposed to be 27.5 feet from the front property line, as shown on the February 9, 2004 elevation and floor sketches. AIthough the setbacks conform to the November 10, 2003 map prepared by CME Assoc, Engineering, and Surveying, PLLC, the February 9, 2004 building diagrams were modified by applicant with removal of plans for a new garage area. (See Building Inspector's December 17, 2002 and November 13, 2003 Notices of Disapproval regarding cor~struction of a gate§e/greenhouse addition). The applicants intend to expand the end storage areas of the home, to add a new porch, and to utilize the existing detached garage tocated in the northwesterly yard for parking of their private vehicles. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and persona~ inspections, the Board makes the fo]lowin§ findings: 1. Grant of the relief requested wil~ not produce an undesirable change in the character of the neighborhood ora detriment to nearby properties. During the last 12 months, the Board considered different plans. The February 9, 2004 site plan before the Board was the subjec~ of the Buildin9 ~nspector's March 4, 2004 Notice of Disapproval, and is for a proposed 1-1/2 story addition at the north side, 28' x 30' in size, and e~evated above the existing grade, to be even with the first fioor of the dwelling. The lower pert of the addition is a basement. There wiI~ be no backing out of cars onto the street. After site visits of the area and this site, the Board concluded that the amendments as described will not be undesirable or cause any chan§e in the character of the neighborhood. 2. The property has three front yards and a singe rear yard, a~I of which require greater setbacks than the code requirement on a singe side. The property is extensively landscaped and an ground swimming .pool and sanitary system are established in the westerly yard area, behind the house. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is only 57-60 feet from both The G~oamin9 and Montauk Avenue, with a large landscaped driveway area in front of the house, which limits any conforming area to add onto the dwel]in§. 4. The variance 9ranted herein is substantfal. The required minimum front yard setback is 50 feet, and the retief §ranted is a 22+- ft. reduction. Page 3 - May 6, 2004 Appl. No. 5510 - Locke McLean CTM #10-10-5 5. The difficulty was se[f-created in that this 63,000 sq. ft. lot has three front yards. 6. No evidence has been submitted to suggest that a variance in this residential community wi~ have an adverse impact on the physical or environmental conditions in the neighborhood. 7. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: ~n considering all of the above factors and applying the balancing test under New York Towr~ Law 267-B, motion was offered by Member Goehringer, seconded by Chairwomar: Oliva, and duly carried, to GRANT the application as applied for, as shown on the 11/10/03 site/survey map and 2/9/2004 e~evation/floor sketches, prepared by CME Associates En§ineedn9 & Land Surveying, PLLC. This action does not authorize or condone any current or future use, setback or other feature of the subject properly 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 OIiva (Chairwoman), Goehringer, and Dinizio. (Absent were: Members Tortora and Orlando.) This(R~o~ut?~on was,~u,y,..~::~ted Ruth D. Oliva, Chairwoman 5/12/04 Approved for Fi~in9 APPEALS BOARD MEMBERS Southold Town HalI Ruth D. Oliva, Chair~voman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando TeL (63~) 7~5-1809 James Dinizio, Jr. Fax (~31) 765-9064 http://southotdtown.northfork.net TOWN OF SOUTHOLD F~NDINGS, DELIBE~T~ONS AND DETERMINATION gA~ ] 7 2004 Appe~i No. 5511 - GEORGE ANASTAS]AD~S. Prope~y Loa~t~on: 505 Opt. ~dd Ddve, ~Rituak; SE~ DETERmiNATiON: The Zoning Do,rd of Appeals h~s v~si~ed the prope~ under ~ns~derat~on ~n th~s app~i~t~on and determines that this review falls under the Type ~ ~tegow of the State's L~st of Actions, without an adverse effect on the environment ~f the proje~ is implemented as planned. PROPER~ FACTS/DESCRiPTION: The appl~nt's 12,000 sq. ft. pardi is shown as Lot 190, Block 15 on the Map of Captain K~dd Estates filed Januaw 19, 1949 in the Suffolk Coun~ Cle~'s Off~ce. The prope~ has t00 ft. along the south side of Captain Kidd Ddve and 120 of depth. The prope~ ~s ~mproved with a s~ngle-fam~[y, one-story frame dwelling and detached storage shed, as shown on the Ju~y 30, 2003 su~ey prepared by Pat T. Secca~, L.S. BAS~S OF APPLICATION: Building Depa~ment's Februaw 24, 2004, Not~ce of Disapproval amended March 12, 2004 dt~ng Code Section 100-244B in its denial of a building permit application concerning a deck e~ens~on which w[]! ~ncrease the lot coverage to 21% ~nstead of the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this appli~tion on April 22, 2004, at which time wdtten and oral ev[den~ were presented. Eased upon all testimony, documentation, persona~ inspection of the prope~, and other evidence, the Zoning Board finds the following facts to be tree and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to ~nstru~ a new 10' x 33.I7' deck e~ension off the rear of the ex~stin9 deck, result~n9 in 21% of the lot size, or 2520 sq. ff. of total bu~ld~ng coverage area: The rear deck ~s proposed to meet a~l code setback requirements. REASONS FOR BOARD ACTION: On the bas~s of testimony presented, materials subm~ed and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produ~ an undesirable change in the character of the neighborhood or a detriment to nea~y prope~es. The deck will be open (unenclosed) and is proposed behind the ex~st~ng dwelling and will not easily be seen. An accessow frame storage shed exists ~n the rear yard which a~so creates a v~sua~ buffer from the new deck area. Pag~ 2 - May 6, 2004 ZBA No, 5511 - G~ Anastasiadis CFM t06~5-6 8t Mat~tuck 2. The variance granted herein is not substantial, representing one (1%) percent of additional lot coverage over the code limitation allowance of 20%. 3. The difficulty was self-created when the new construction was planned. 4. No evidence has been submitted to suggest that a variance in this preexisting, residential community wiil have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the lots in (he area have similarities. 5. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 applyin§ the balancing teat under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the 7/30/03 map prepared by Pat T. Seccafico, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other features as are expressIy addressed in this action. Vote of the Board: Ayes: Members Olive (Chairwoman), Goehringer, and Dinizio. (Members Tontora and Orlando were absent.) This Reso, j~on was duly adopted (3-0). Ruth D. Oliva, Chairwoman 5/,'J'/04 Approved for Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman - 53095 Main Road Gerard P. Goehringer EO. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 V~ncent Orlando Tel. (631) 7~5-1809 James Dinizio, Jr. Fax (631) 765-9064 http://southoldtown.northfork.net BO~ OF APPE~S OF SOUTHOLD F~ND~NGS, DEL~BE~T~O'NS AND DETERM~NAT~O MEETING OF MAY ~, 2004 Appea~ No. 5517 - STEPHEN and THERESA BARTENOPE Pmpo~y Location: 1450 Youngs Road, Orient; OTM 18-2-7. SEO~ DETERMINATION: The Zaning 8oard of Appeals has visited the prope~ under consideration ~n th~s 8pplication and determines that this review the State's L~st of A~ans, w~thout an adverse effect on the environment if the project ~s imp~ementod as p~anned. PROPERTY FACTS/DESCRIPTiON: The app~i~nts' 24,000 sq. fl. lot has 120 ff. frontage a~on9 the east s~de of Youngs Avenue and lo[ depth of 200 feet. The propedy is improved w~th a one-stew dwelling w~th a~ached garage, as shown on the rasp of prope~ su~eyed Apri~ 8, 1990 by William R. S~mmons, Jr. BAS~S OF APPLiCATiON: Bui~d~ng DepaAment's March 15, 2004, Notice of D~sapproval, amended March 29, 2004, citing Code Section 100-242A, ~n its den[a~ of a bui~d[n9 permit app~i~t~on concerning ~ proposed second-stow addition to (ove~) the exist~n9 dwelling at ~ess than 40 feet from the fro~t lot ~Re. The resson stated ~s that the addition w~l~ constitute an increase in the degree of no~nform~nce. F~NDBNGS OF FACT The Zoning Board of Appea~s hetd a pubiic hearing on this application on Apdl 22, 2004, at which time written and om~ evidence were presented. Based upon ali testimony, documentation, persona~ inspection of the pmpeAy, and other evidence, the Zoning Board finds the following facts to be true a~d m~ew~t: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct ~ 1624 sq. fi. second4~oor addition over the oRe-stow dwelling, a podion of which wi~ maintain at the existing non~nformin~ setback of 36 feet from fro~t ~ne. The gable eRd of the addition w~ll be sloped back 8~- feet, and the proposed height wi~J be 28 feet to the top of REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submiAed and personal ~spect~ons, the Board makes the fo~low~ng findings: 1. Gra~t of the relief requested wi~ not produce an undesi~b~e change in the characte~ of the neighborhood or a determent to nearby properties. Houses on the surround~n9 Jots are s~tuated s~m~ar~y. Page 2 - May 8, 2004 ZBA No, 5517 - S. and T, Bartenope CTM 18-2-7 at Orient 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house has existed for many years with a 36 front yard setback, and this location does not conform to the 40 ft. minimum setback requirement. 3. The variance granted herein is not substantial The existing front setback is 36 feet and after construction, the setback will continue to be 36 feet. 4. The difficulty was not self-created. 5. No evidence has been submitted to suggest that a variance in this residential community have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the hea~th, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering a~l of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chaip~voman Oliva, and duly carried, to GRANT the vadance as applied for, as shown on the revised site plan, undated elevation and design diagrams (with a ZBA stamped date of March 17, 2004 8nd March 22, 2004), prepared by Mew~ Kramer, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject prope~y that may vioiate the Zoning Code, other then such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva,~Chai~voman), Goehdnger, and Dinizio. (Members To~tora and Or, ando were absent.) This Reso,u(t~o/h~u,~..,~do~ Ruth P. OIiva. Chairwoman 5/13/04 Approved for Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth ©. Oliva, Chairwoman 53095 Main Road Gerard P. Goehr[nger P.O. Box 1179 I~ydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (63i) 765-1809 James D~niz[o, Jr. Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 8, 2004 ZBA #5504. EVERETT and MARILYN CORW~N Property Location: 217 Oak Street, Greenport; CTM 42-1-30. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails under the Type Il categoW of the State's List of Actions, without an adverse effect on the environment if the project is implemented as p~anned. PROPERTY FACTS/DESCRIPTION: The applicant's 6,000 sq. ft. lot has 40 ft. frontage along the south side of Oak Street and lot depth of 150 feet. The property is improved with an existing two- stow house and detached garage, as shown on the December 10, 971 survey prepared by VanTuyi & Son. Also existing is a deck at the rear of the house, shown on applicant's site sketch (with a ZBA date-stamp of March 1,2004). BASIS OF APPLICATION: Building Department's Februaw 6, 2004 Notice of Disapproval, amended ND March 29, 2004, citing Code Sections 100-242A and 100-244, in its denial of a bui~ding permit application concerning a second-stow addition to the existing one-family dwelling, which addition which will be less than 35 feet from the front lot line, less than 10 feet on one side yard, and ~ess than 25 feet for combined side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 22, 2004, 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 tree and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a full second-floor addition over the existing one-stow dwelling shown on the plans prepared by M. Hand dated February 3, 2004. The reJief request is to buiid the second-floor, maintaining the existing side yard setbacks of 4 ft. on the east and 13 feet on the west, for total side yards of 17 feet, and maintaining the existing front yard at 24 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's house is one of only a few single- Page 2 - May 6, 2004 ZIgA No. 5504 - EVER~ ~ ~ and MARILYN CORWIN CTM 42~I-30 at Greenport story houses Ieft in the Oak Street neighborhood, which consists mainly of two-story houses. The setbacks will remain unchanged, the west side yard at 4 feet, the front yard at 24 feet, the east side of 13-~- feet, and 24 ft. front setback, as shown on the December 10, 1971 survey prepared by VanTuyi & Son. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's lot is long and narrow, which leaves the side yards with little or no room for expansion, except as requested by applicant to expand by building within the existing one-story footprint. 3. The variance granted herein is substantial with a 60% reduction of the code required single side yard setback of 10 feet, and 32% reduction of the code required 25 ff. total side yards and code required 35 ft. front yard. 4. The difficulty was self-created when the additions were planned without conformity to the code's setback requirements. 5. No evidence has been submitted to suggest that a variance in this community of second-sto~y homes will have an adverse impact on the physical or environmental conditions in the neighborhood. 8. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: ~n considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plan prepared by M. Hand dated February 3, 2004 and December 10, 1971 survey prepared by VanTuyl & Son. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may viotete the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva._,(Chairwoman), Goehringer, and Dinizio. (Members Tortora and Orlando were absent.) This ResolCti~n W_%as duiy~_~dop/~k-(13.-0)'. Ruth D. Oliva, Chairwoman 5/11/04 Approved for Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard R Goehringer EO. Box 1179~ Lydia A. Tortora SouthoId, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. ' Fax (631) 765-9064 _ ~ECE~VED ~ ~ http://southoldtown.nortflfork.net ~ ~O(.) BOARD OF A~?EALS u ~v '[ ~ ows FiNDiNGS, DEL~BE~T~ONSAND DETERMiNATiON ff MEETING OF MAY 8, 2004 ~o~d ~ow~ Appea~ ¢5509 - CHRISTOPHER and TRUD~ EDWARDS Pro~y Loft]on: S/s Made~ine Avenue and E/s Cres~nt Avenue, F~shers Island; CTM 6-8-1. SEQ~ DETERMiNATiON: ~e Zoning Board of Appea~s has visited the propeAy under consideration ~n th~s application and determines that th~s review fails under the Type H categoW of the State's L~st of Actions, without an adverse effe~ on the environment if the project is implemented as p~anned. PROPER~ FACTS/DESCR,PT]ON: The ap¢cants' 21,686 sq. ff. lot has 100 ff. frontage a~ong the east side of Crescent Avenue and 232 ~. frontage along the south sMe of Madei]~e Avenue. The is improved with sn ex,stUn9 s~ngie-fam~y, one-story dwelling s~tuated with a nonconforming setback of 21.5 feet from the front ~ot ~]ne a~on9 Madefine Avenue and a conform~n9 setback of 97+- feet from the front ~ne a~on9 Crescent Avenue. BASIS OF APPLICATION: BuiMin9 Depadment's Februaw 24, 2004 Noti~ ¢ Disapproval dtin9 Code Sections 100-242A and 100-244 ~ its denial of a building permit appfication concerning proposed add}t~ons to dwet~n9 which wifl be ~ess than 40 feet from the front ~ot line. F~ND~NGS OF FACT The Zoning Board of Appea~s he~d a public headng on this application on Apd] 22, 2004, at which t~me wdtten and ora~ evidence were presented. Based upon a~ testimony, documentation, persona~ inspection of the prope~, and other evidence, the Zoning Board finds the fo~iowin9 facts to be t~e and relevant: AREA VARIANCE RELIEF REQUESTED: Appff~nts wish to construct a 37'1" e~ens~on of 760+- sq. ff. at the east side of the ex~sting dwefl]ng, ma]ntainin9 the ex~st~ng I~ne of the house with a front setback of 21.9' and 22.5' (noAhwest and nohheast corners respectively) at the closest points to the fro~t Iot iine aio~9 Madeiine Avenue. (The deck modification proposed behind the new e~ens~on is not the subject to the front yard vadance reduction or any other code provision as submitted.) REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submf~ed and persona~ inspections, the Board makes the fo~owing findings: 1. Grant of the re~¢ requested wouM not produce an undesirable change in the character of the neighborhood or a detriment to nearby propeAies. The new addition w]fl be for the ape]cants' residential purposes, which is permitted in the area. The setback of the existing house from Madei~ne Avenue is 21.5 feet, and the addition w~l~ be no closer than 21.9 feet at its closest point. Page 2 - May 6, 2004 ZBA No. 5509 - C. and T. Edwards CTM 6-g-~ at Fishars Island 2. The benefit sought by the applicent cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants' lot has two front yards as defined by the Section '~00-232 of the $outhold Town Code. Strict adherence to this par~ of our code wou~d require the applicant to move a driveway and septic system to build the addition within the limits of the code. 3. The variance granted herein is not substantial The setback of the existing house from Madetine Avenue is 2~J.5 feet and the addition wou~d be no closer than 21.9 feet. Lot coverage and other code provisions would not be affected, and a paA of the addition will repIace an existing deck, lessening any lot coverage. 4. The variance wil~ not have an adverse effect or impact on the physical or environmentaI conditions in the neighborhood or district because the dwelling will continue to be one-sto~y in a neighborhood censisting mainly of one-stoG' dwellings. Part of the addition wil~ replace a deck. 5. The difficulty has not been self-created. 6. No evidence has been submitted to suggest that a variance in this community of single-story residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 7. Grant of this reIief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and du~y carried, to GRANT the variance as applied for, as shown on the 2~4~04 survey, updated 2/26104, by CME Engineering, Land Surveying & Architecture, PLLC and elevation diagram dated 1/12/04, prepared by Bruce Kinlin Architects. 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 expressIy Paga 3 - May 6, 2004 ZBA No. 5509 - C. and T. Edwards CTM 6-8-1 at Fishem Island addressed in this action. Vote of the Board: Ayes: Members OIiva~Chairwo~an), Goehdn§er, and Dinizio. (Members Tortora and Odando were absent.) This Reso,~ti~, n was duiy,~,opted~~): Ruth D. Oiiva, Chairwoman 5//~/04 Approved for Filin§ APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer . P.O. Box 1179 Lydia A. Tortpra Southold, NW 11971-0959 Vincent Orlando Tel. (631) 765-18{}9 James Dinizio, Jr. Fax (631) 765-9064 http://southoldtown.northfork.net ~C~?~D ~'~a5 BOARD OF APPEALS ~'-' 5~r9 ,5'//4 TOWN OF SOUTHOLD F[ND"NGS, DELIBERATIONS AND DETERM"NAT"ON 7 3 2004 MEET"NG OF MAY 0, 2004 .~ . ZBA #'$08 ~ LAWRENCE XOTIK '~'~~~~ Property Location: 10 Middleton Road, Greenport; CTM 40-5-12. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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 17,903 sq. ft. has 100 ft. frontage aiong the east side of Middleton Road, lot depth of 146.06 feet on the south side and I51.83 feet on the north side, and width alon9 the rear line of 90.13 feet. The lot is improved with a sinCe-family, 1-1/2 story frame dwelling with a nonconforming front yard setback at 29.9 feet, as shown on 'the June 5, 2003 surveyor prepared by Barrett, Bonacci & VanWeele, P.S. BASIS OF APPLICATION: Building Department's February 23, 2004, Notice of Disapproval, citing Code Sections 100-242A and 100-244 in its denial of a building permit application for the reason that the proposed addition with alterations to the existing dwelling will continue the existing nonconforming setback and, thus, wili constitute an increase in the degree of nonconformance with a front yard setback at Jess than 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this ap¢ication on April 22, 2004, at which time written and oral evidence were presented. Based upon ali testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 4' x 9'6" build-out designed as a two-story, adding a front room flush with existing side and front iines of house. The setback requested wiIf maintain 29'9' from front line, and the foundation would not extend beyond existing front line of the building foundation, as shown on the {}/5/03 survey prepared by Barrett, Bonacci & VanWeele, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the fo~Jowin9 findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's 4' x 9'6" new construction is a minor addition located on the northwest corner of the existing dwelling, which fiils an open notch on Page 2 - May 6, 2004 ZBA No, 5508 - Lawrence Kotik CTM 40-5-12 that corner. The existing height to the ddge is 28+- feet, and the front yard is existing at 29.9 feet. Both will remain unchanged. The new construction wil~ be designed flush within t~e existing setback lines of the house. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. By filling the notch at the corner and squaring the front of the house, the ap¢icant will be a~lowed to utilize dimensional lumber that in turn keeps the construction costs down. 3. The variance granted herein is minimal with a reduction of 5'3" Dom the code requirement of 35 feet for a 29'9" front setback. 4. The difficulty was self-created when the new construction was planned to increase the square footage of the existing dwelling. 5. No evidence has been submitted to suggest that a variance in this residential community witl have an adverse impact on the physical or environmental conditions in the neighborhood. 8. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an 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 appIying the bafancing test under New York Town Law 267-B, motion was offered by Membe~' Goehdnger, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the January 13, 2004 site map prepared by the owner. This action does not authorize or condone any current or future use, setback or other feature of the subiect property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly eddressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehdnger, and Dinizio. (Members To~tora and Orlando were absent.) This Reso('dt~on wa_~s dulY_ra~do,,~d~(3-0). Ruth D. Oliva, Chairwoman 5/12/04 Approved fo~ Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando TeL (631) 765-1889 James Dln~zio, Jr. Fax (631) 765-9064 http://southoldtown.northfork.net ~ECE~V~D BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION App~I Na. 5514 - TO~ ~nd ~U~AN ~EQ~ DETERmiNATiON: Th~ Zoning Do~Fd of App~ls h~s v~si~d ~h~ pFop~y und~F consideration ~n th~s appl~t~on and determines that this review falls under the Type ~] ~tego~ of the S~te's L~st of Actions, without an adverse effect on the environment if the project ~s implemented as planned. PROPERTY FACTS/DESCRiPTiON: The appli~nts' 91,618 sq. ff. lot has 360 fl. frontage a[on9 the east s~de of Marratooka Road, and 215.36 feet along the southerly propeAy I~ne. The eastern section of the prope~ contains tMa~ wetlands ¢djscent to Deep Ho~e Creek, and the lot [s improved with a s[nCe-fam[~y, ~o-stow residence with porches, wood deck, detached ~n-ground swimming poo~, asphalt driveways, and e~ensive ~andscaping, as shown on the 3-21-00 sumey, revised I2-9- 03 by Joseph A. ~ngegno, LS. BAS~S OF APPLiCATiON: Building DepaAment's March 4, 2004, Notice of Dfsapproval, amended March 11,2004 citing Code Section 100-33 ~n its denial of a bu~[d~ng permit application concerning proposed accessoW poo~ house structure. The reason stated is that the proposed detached building is not permitted in a side yard ~ocat~on. F~ND[NGS OF FACT The Zoning Board of Appeals hem a public hearing on this appli~tion on April 22, 2004, at which time wd~en and oral evidence were presented. Based upon a~l testimony, documentation, persona~ inspection of the prope~y, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE REL[EF REQUESTED: Applicants wish to ~nstruct a I2' x 24' accessow bu~idin9 (nonhab~tab~e, with the only ~ndoor p~umb~ng for a to~let and s~nk, and wet bar sink) [n the southerly yard area near the sw[mmin9 pool The distan~ be~een the new poo~ house ~ocation and the front [~ne a~ong Marratooka Road w~ll be 58'6", and 38' to the southerly prope~ i~ne. The height of the proposed bumming w~J~ be 12'7" to the top of the roof ridge, and 18' to the top of the cupola. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submiEed and persona[ ~nspections, the Board makes the fo~]ow~ng findings: PaGe 2 - May 6, 2004 ZBA No. 5514 -T. and S. Medam CTM 1 t 5-11 1. Grant of the retief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to remove the existing 10.4' x I0.4' frame storage shed, replacing it with a new 12' x 24' accessory building near the swimming pooi which exists in a side yard. At the public hearing, the Board considered and discussed Ietters submitted by nearby landowners with conberns about their property values and their enioyment of present water views. Existing trees and plantings have landscaped the applicants' property over the years, providing screening from the street and other nearby areas· The Board at the hearing asked the architect to remove a window in the changing room replacing it with a door that open to the outside, which was agreed. The architect also confirmed that the use will be a permitted accessory use, without a stove or indoor cooking facilities, and no heat or air- conditioning, no indoor shower or tub, no sleeping or bunk-house use. The building wil~ be 123 feet from the edge of wetlands, at its closest point, 58'8" from the front lot ~ine and 38' from the southerly side line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The ~ot is 360 ft. wide with accessory structures a~ready existing in this southerly side yard area. No benefit wou~d be achieved to locate the accessory building on the east side of the house because the building and utility hookups would be closer to the adjacent wet,and area. 3. The variance granted herein is substantial because the location requested is defined by the code as a side yard, a~though the yard gives the appears of a rear yard with the existing the inground swimming pool and other improvements. 4. The di~'iculty was self-created when the new construction was planned with relative code requirements in effect. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable applicants to enioy the benefit of an accessory poo~ house building, whi~e preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the 3/4/04 site pian by Samuels & Pa~;;~ 3 - May 6, 2004 ZBA No. 5514 - T. and S. Medam CTM 115-11 ~26 Steelman, Architects and construction diagrams with a ZBA dated stamp of March 10, 2004, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No kitchen; no indoor cooking. 2. No heat or air-conditioning. 3. No sleeping or similar habitable use. 4. The window shown on the construction plans (in changing area) shall be removed and replaced with a door to the outside (outdoors). 5. Use of this building shall remain accessory, and not be conver~ed to living area. This action does not authorize or condone any current or future use, setback or other feature of the subject propenty that may violete the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva~Chairwoman), Goehdnger, and Dinizio. (Members Tortora and Orlando were absent.) Th s Reso~_~ u~a,d~ Ruth D. OIiva, Chairwoman 5/~/'/04 Approved for Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P,O. Box 1179 Lydia A. Tortora Soutlaold. NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio. Jr. Fax (631) 765-9064 http://southoldtown.northfork.net ~ECE~VED BOARD OF APPEALS ~;~t9,2//4 TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERM~NATiO~'?~¢, MEETING OF MAY 6, 2004 ~~ ~, /~ Appeal No. 5513 - JOHN and HEATHER ROMANELL~ So¢~ Tcw~ Prope~y Lo~tion: 3535 Cedar Beach Road. Southold; CTM 93-1-6.3. SEQ~ DETERMINATION: The Zoning Board of Appeals has visited the prope~ under consideration in this ap¢~tion and determines that this review fails under the Type Il ~tegow of the State's L~st of Actions. without an adverse effect on the environment if the proje~ is implemented as planned. PROPER~ FACTS/DESCRIPTION: The appti~nts' 55,604 sq. ff. lot has 476.97 ff. of frontage along the nodh side of Cedar Beach Road, is 135 feet deep along the westerly lot line, and 102.89 feet along the east ]ot line at high water of the Shelter island Sound, Southold. The lot is improved with a s~ngle-family, ~o-stow wood-frame residence and detached garage, shown on the 3-17-99 su~ey, updated 4-19-00, by Stanley J. Isaksen, Jr. To the west of appli~nts' lot is a 30' LiPA easement. BASIS OF APPLiCATiON: Building Depa~ment's Februaw 5, 2004 Noti~ of Disapproval concermng proposed additions and alterations to the existing dwelling which will be less than 20 feet on a singie s~de yard. FiNDiNGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 22, 2004, at which time wri~en and ora~ eviden~ were presented. Based upon all testimony, documentation, personal inspection of the prope~, and other evidence, the Zoning Boa¢ finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Appli~nts p~an are to remove the existing scree~ porch and 700 sq. ~. of the existing second floor, and to build a new 1658 sq. fi. second floor area (with increase of 958 sq. ff.). The requested setbacks yaw as shown on the site map prepared by Thomas Samuels, Architect, with 14'9" and 15'8" from the side lot I~ne, and with a 10' side yard setba~ for the new basement ac~ss door. The existing wood-frame shower enclosure wi[l remain at the existing 6'9" setback from the no~h prope~ line. R~SONS FOR BOARD ACTION: On the basis of testimony presented, materials submiEed and personal ~nspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character ¢ the neighborhood or a detriment to nearby propedies. The increase of nonconfo~ity is relatively minor: Page 2 - May 6, 2004 ZBA No, 5513 - John and Heather Romanelli CTM 95-1-6,3 consisting of the existing footprint which encroaches within the setback. The proposed encroachment will not be dearly visible from the street. 2. The benefit sought by the applicant cannol be achieved by some method, feasible for the applicant to pursue, other than an area variance. The essential feature of the proiect is replacing the existing second floor, which is located in a preexisting setback. 3. The variance granted herein is not substantial. 4. The difficulty was self~created when the new cor~struction was planned. 5. No evidence has been submitted to suggest that a variance in this established community of single-family homes will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of additions, while preserving and protecting [he 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 balandng test under New York Town Law 267-8, motion was offered by Member Dinizio, seconded by Member Goehringer, and duJy carried, to GRANT the variances as applied for, as shown on the site plan dated 1/20/04 and elevation diagrams with a ZBA date stamp of March 16. 2004, prepared by Thomas Samuels, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code. other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, and Dinizio. (Members Tortora and Or~ando were absent,) This RescE~on was duly adopted (3-0). Ruth D. Oiiva, Chairwoman 5/13/04 Approvee for Filing APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva. Chairwoman 53095 Ma/n Road Gerard E Goehringer P.O. Box 1179 Lydia A, Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Diuizio, Jn Fax (631) 765-9064 http: /southoldtown.northfork.net RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD DETERMINATJ, ',J 1 3 2004 FiNDiNGS. DELIBERAMEETiNGTIONSoF MAyAND6, 2004 Appeal #5507 - ROBERT and SUSAN TOMAN Property Location: 3480 Main Bayview Road Southold; CTM 78-2-13. SEQRA DETERMINATION: The Zoning Board o.f 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 35,914 sq. ft. lot has frontage atong lhe north and east sides of Main Bayview Road, a Iot depth of 228.63 feet along ~:he northerly property line, and 207.01 feet along the easterly lot line. The lot is ~mproved with a concrete foundation for the new dwelling, constructed under Building Permit #29036-Z dated 12/24/02. BASIS OF APPLICATION: Building Department's February 26, 2004 Notice of Disapproval, citing Code Section 100-244 in its denial of a building permit application concerning a proposed deck addition with a front yard setback at less than 40 feet FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 22, 2004. at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a wrap around, one-story deck at the front of the new dwelling. The relief requested is for an eight (8) feet open deck at the front of the house for a 32 i~t. setback from the southerly front lot line, at its closest point. ADDITIONAL INFORMATION: During the April 22, 2004 hearing, the Board asked the applicants to include the front step area within the design of the addition at the front the house, at 32 feet from the front lot line, instead of placing the access steps in front of the deck. The applicants agreed to revise the plan, and the Board conditioned the grant of this variance upon a copy of the final, up-to- date survey confirming the setbacks to the front property line discussed at the hearing. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa~e 2- May 6. 2004 ZBA No. 5507 - Robert and Susan Toman CTM 78-2-13 at Sout~old 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The deck is an open structure extending up to 8 feet at the front of the new dwelling, leaving a setback of 32 feet from the southerly front lot line at its point. Sections of the road are unpaved, beyond the applicant's property front ~ot line lines, and contains at Ieast one utility pole and overhead wires, shown on the September 21, 2000 survey, amended January 21, 2004, prepared by John T, Metzger, L.S. Board Members have viewed the area. The house to the east is situated with a similar nonconforming setback from the front property line facing Main Bayview Road. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The location of building construction on this lot is restricted by a northerly 50 ft. (10,250+- sq. ft.) buffer established to encourage wetlands growth adjacent to West Creek, and by two street frontages and two front yards 3. The variance granted herein is substantial The requested 32 ft. setback for an open deck structure is an 8 ft. reduction of the code-required 40 ft. minimum front yard. 4. The difficulty was self-created when the new construction was planned. 5. No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physicai or environmental conditions in the neighborhood Determinations have been obtained from the NYS Department of Environmental Conservation dated 8/12/92 and from the Town Board of Trustees under the wetland ordinances. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was-offered by Member Goehringer, seconded by Chairwoman Oliva. and duly cackled, to DENY the relief requested for a 30 ft. front yard setback to the proposed entry steps for the proposed deck; and to GRANT alternative relief, as shown on the decking plan (with a ZBA date stamp of April 20, 2004) for an 8' x 67' open deck addition and step area. ali at a minimum of 32 feet from the southerly front properly line, at its closest point, SUBJECT to applicant submitting a print of the final, up-to-date survey confirming the final construction with setbacks to the front Page 3. May 6, 2004 ZBA No. 5507 - Rober[ and Susan Toman CTM 78-2-t3 a[ Southold property fine, prior to issuance of a Certificate of Occupancy. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva [Chairwoman), Goehdnger, and Dinizio. (Members Tortora and Orlando were absent.) This Reso~on was duly adopted (3-0). Ruth D. O~iva. Chairwoman 5/12/04 Approved for Filing