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Home My WebLink AboutZBA-05/20/2004APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.eet BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 20, 2004 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, May 20, 2004 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Lydia A. Tortora, Member Vincent Orlando, Member James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Gerard P. Goehringer, Member 9:34 a.m. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEORA: RESOLUTION declaring the following Negative Declaration with no adverse effect for the following projects as applied: Type II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast applications for public hearings held this date (see II, below.) Vote of the Board: Ayes: Member Oliva (Chairwoman), Tortora, Orlando and Dinizio. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS: The following public hearings were held. Please see verbatim transcript of public hearings for details of statements offered during the hearings: 9:40 AM ALAN BRAVERMAN #5518. Request for Variances under Sections 100-242A, 100-244, 100-33, based on the Building Department's March 5, 2004 Notice of Disapproval, concerning proposed additions to the dwelling with setbacks less than 35 feet from the front lot line, and proposed swimming pool and new addition to garage, both of which will be in partly in a front yard, rather than a rear yard. Location: 2700 Page 2 - Minutes Meeting held May 20, 2004 Southold Town Board of Appeals Vanston Road, Cutchogue; CTM 1 1 1-5-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 9:50 AM 'PAUL ORLICK, Contract Vendee (Owner: Estate of A. Orr) #5519. Request for a Variance under Section 100-244, based on the Building Department's March 3, 2004 Notice of Disapproval concerning a proposed new dwelling at less than 35 feet from the front lot line, at 1300 Leeton Drive, Southold; CTM 58-2-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving)~estimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:00 AM THOMAS ROSICKI/SPARKLING POINTE, LLC #5520. Request for a Variance under SeCtion 100-31A.4 based on the Building Department's March 17, 2004 Notice of Disapproval, for the reason that the existing building is less than 100 feet from the front lot l~ne at County Road 48. Applicant proposes to convert the ex/sting building use from agricultural-nursery to agricultural-winery. Location: 39750 C.R. 48, Southold; CTM 59-10-1. (Please see transcript of written statements pr~epared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairv~oman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:14 AM, ROBERT VITELLI #5521. Request for a Variance under Section 100-33, based on.the Building Department's February 19, 2004 Notice of Disapproval. Applicantrproposes a swimming pool in a yard defined as a front yard, rather than the code required rear yard, at 1045 Gillette Drive, East Marion; CTM 38-3-3. (Please see transcrip~ of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:24 AM, EFSTATHIOS and MARYANN KATSOULAS #5522. Request for a Variance under Section 100-242A$ and 100-244, based on the Building Department's March 12, 2004 Notice of Disapproval, amended March 22, 2004 Notice of Disapproval. Applicants propose a second story additions for additional living area and upper deck, over the ~xisting dwelling construction, and adding a roofed entry over. the existing concrete patio, portions of which are less than 35 feet from the front lot line, and with a proposed hew garage, the lot coverage will be in excess of the 20% code limitation. Location:~ 1175 First Street, New Suffolk; CTM 117-7-27. {Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, ~o close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:39 AM, PETER and ARLENE MANOS #5523. Request for a Variance under Section 100-33C,~,based on the Building Department's April 1, 2004 Notice of Disapproval. Applicani~ propose a swimming pool in a yard defined as a side yard, rather than the code-required rear yard, at 2000 Sound Drive, Greenport; CTM 33-1-18. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, Page 3 - Minutes Meeting held May 20 2004 Southold Town Board of Appeals seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:47AM ROBERT and JOANN HEGERMILLER #5525. Request for a Variance under Section 100-244 based on the Building Inspector's February 9,2004, Notice of DisapproVal concerning an addition to a new dwelling under construction (BP #29615- Z), which addition will be less than 35 feet from the front lot line, at 825 Green Hill Lane, Greenport; CTM 33-2-44. (Please see transcript of written statement prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:52 AM ANCHOR LANE LLC #5526. Request for a Variance under Section 100- 239.4B b~sed on the Building Department's April 8, 2004 Notice of Disapproval to reconstru'ct first floor in place and second story over existing foundation, and new foundati6h for addition, within 75 feet from the closest bulkhead, at 1615 Anchor Lane, Southold; CTM 79-4-6.1. (Please see transcript of written statement prepared under separate.cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chair~Yoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. ~ The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:55 AW MARK and CARLA HAYNES #5527. Request for a Variance under Section 100-33 b~sed on the Building Department's September 12, 2003 Notice of Disapproval concerning an accessory garage proposed in a yard defined as a front yard, rather than the code,required rear yard at 4270 The Long Way, East Marion; CTM 30-2-95. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded.by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 11:02 AM LEONA WHITE #5524. Request for a Variance under Section 100-244, based onthe Building Department's March 25, 2004 Notice of Disapproval, amended March 29, 2004. Applicant is proposing a new dwelling which will exceed the code limitation of 20% of the total lot size for building areas, at 2290 Harbor Lane, Cutchogue; CTM 103-1-28. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehring~r was absent. 11:20 AlV[~ STEVE VESEY and CHERYL SCHLITT #5529. Nancy Steelman, Architect. Request for an Interpretation of Sections 100-242A and 100-244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side ~,ards at less than 35 feet, amd a single side yard at less than the code required 20 feet. Location: 370 Dogwood Lane, East Marion; CTM 38-5-3. (Please see transcript of written statements prepared 'under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Tortora, seconded by Chairwoman Oliva, to recess the hearing t5 12:45 p.m. today for Permit Examiner appearance. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. RESOLUTION ADOPTED: Motion was offered by Member Tortora, seconded by Chairwort/an Oliva to take a 5-minute recess. Vote of the Board: All. The Resolution Page4 - Minutes ~ Meeting held May 20; 2004 Southold Town Board of Appeals was duly'~dopted (4-0). Member Goehringer was absent. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Tortora, to reconvene the hearing. Vote of the Board: All. The Resolution was duty adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS [continued): The following public hearings were held. Please see verbatim transcript of public hearings for details of statements offered during the hearings: 11:33 AM' MARIO RIVELLI #5532. Request for a Variance under Section 100-242A and 100-244,'based on the Building Department's April 8, 2004 Notice of Disapproval concerning an as-built addition (foundation under construction, BP #30138Z), a portion of which 'is less than 10 feet from the side property line, at 1435 Hobart Road, Southold; CTM 64-2-11. (Please see transcript of written statements prepared under separate 9over.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chair~voman Oliva, seconded by Member Tortora, to close the hearing reserving decision. ~ Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 11:38 AM DAVID C. and MARIA W. PATTERSON #5530. S. Ham, Esq. Request for a Variance iunder Section 100-33C, based on the Building Department's March 9, 2004 Notice ofi, Disapproval, concerning the proposed side yard location of a new non- habitabl~.>accessory building (playhouse/garage), after removing the existing accessory garage, al Central Avenue, Fishers Island; CTM 6-4-4. (Please see transcript of written statemer~{s prepared under separate cover.) BOARD RESOLUTION: After receiving testimony~) motion was offered by Member Dinizio, seconded by Chairwoman Oliva, to adjourn until 12:50 PM for Building Inspector appearance. Vote of the Board: All. The ResolutioN was duly adopted (4-0). Member Goehringer was absent. 11:50 AM LAUREL LINKS COUNTRY CLUB #5528. Request for a Variance under Section 100-231, based on the Building Department's March 31,: 2004 Notice of Disapproval, concerning a tennis court with fencing which will exceed the code height limitation~ of six feet when located in a front yard of a nonresidential zone, at 4715 Great Peconic l~ay Boulevard, Laurel; CTM 125-4-24.23. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony; motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 12:45 PM RESOLUTION ADOPTED: Motion was offered by Member Tortora, seconded by ChairWoman Oliva to take a short recess. Vote of the Board: All. The Resolution was duly ~dopted (4-0). Member Goehringer was absent. 12:51 PMRESOLUTION ADOPTED: Motion was offered by Chairwomafl Oliva, seconded by Memb~r Tortora, to reconvene the hearing. Vote of the Board: All. The Resolution was duty'~dopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 12:52 PM STEVE VESEY and CHERYL SCHLITT #5529. ADJOURNED FROM 11:20 AM. Naflcy Steelman, Architect; M. Verity and Damon Rallis, Building Inspector. P. age 5 - Minutes . Meeting held May 20,¢ 2004 Southold Town Board of Appeals Request for an Interpretation of Sections 100-242A and 100-244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet. Location: 370 Dogwood'Lane, East Marion; CTM 38-5-3. (Please see transcript of written statements prepared~under separate cover.) BOARD RESOLUTION: After receiving testimony, motion w.as offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 1:28 PM DAVID C. and MARIA W. PATTERSON #5530. ADJOURNED FROM 11:38 AM. S. Ham, Esq. Request for a Variance under Section 100-33C, based on the Building Department's March 9, 2004 Notice of Disapproval, concerning the proposed side yard location of a new non-habitable accessory building (playhouse/garage), after removing the existi~ng accessory garage, at Central Avenue, Fishers Island; CTM 6-4-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 1:38 PM BRIARCLIFF SOD, INC. #4985. Request for Variances under Section 100-32 (Bulk Scti~dule) based on the Building Department's May 2, 2001 Notice of Disapproval, amended April 26, 2004 concerning two lots (out of three in this proposed division) with less than 80,000 sq. ft. of land area. Location: North Side of New Suffolk Avenue and the SoutH' Side of Main Road, Peconic; CTM 85-3-12.1 and 12.2 and 97-10-1, consisting of a total"area of 24.97 acres). (Please see transcript of written statements prepared under sel~arate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving!decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Ooehringer was absent. 1:48 PM I~REMER'S MARKET AND DELI d/b/a NORTH FORK MARKET & DELI #5531. John Cofl~don, PE. Request for a Variance under Sections 100-33B and 100-103A based on.;.the Building Department's April 15, 2004 Notice of Disapproval, amended April 20, '~004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of property: 11155 Main Rod~l, Mattituck; CTM 142-2-22. (Please see transcript of written statements prepared ~mder separate cover.) BOARD RESOLUTION: After receiving testimony, motion wa~ offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 22,~2004. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 2:09 PM DEBRA VICTOROFF #5334. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 22, 2004. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 2:11 PM MATT-A-MAR MARINA, LLC. #5494. P. Moore, Esq. Request for a Variance under Section 100-239.4B, based on the Building Department's December 18, 2003 Notice of bisapproval. Applicant proposes an addition to the existing storage building which wili be less than 75 feet from the closest measurements to the bulkhead, at 2255 Wickham ~venue, Mattituck; CTM 114-3-1. (Please see transcript of written statements prepared t~nder separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlai;ldo, to close the Rage 6 -Minutes : Meeting held May 20i; 2004 Southold Town Board of Appeals hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. S. Axelrod' #5502 - BOARD RESOLUTION: from 4/22 PH; After opening the hearing for comments, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to extend submission deadline to 6/17 and adjourn to Tuesday, June 22nd 9:35 AM, per 5/14 attorney letter; Deborah Doty, Esq. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIED: OSPREY DOMINION/LIPA/KEYSPAN #54508E OSPREY ~OMINION/LIPA/KEYSPAN #5432 DENIED, GRANT ALTERNATIVE RELIEF WITH CONDITIONS i Stanley M~tlon #5383 OTHER RESOLU~'IONS / UPDATED REVIEWS [ OTHER: A. The Chairwoman confirmed the scheduled Special Meeting to be held 6:00 PM on B. RESOI;UTION ADOPTED: Motion was offered by Chairwoman Olive, seconded by Member Orlando and duly carried to authorize advertising of hearings for Regular Meeting to be held Tuesday June 22, 2004 commencing at 9:30 A.M., and tq advertise hearing for Schultheis #5296 for July 15, 2004, 2:35 - 2:40 p.m., Town Meeting Hall, Main Road, Southold. Vote of the Board: Ayes: All. This Reaol..u.,tion was duly adopted (4-0). Member Ooehringer was absent. EXECUTIVE SESSION Motion was offered by Chairwoman Oliva, seconded by Member Orlando to enter into Executive Session to discuss adding Schulhteis to July 22, 2004 Public Hearings and Zupa (neW:owner w/corrections of J. Miller.) Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Goehringer was absent Brief reviews of P~nding files and general discussions by Board Members followed. Page 7 - Minutes Meeting held May 20, 2004 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 2:45 p.m. Respectfully submitted, G ar . Goe~ringer yci for Filing DEC 8 2009 Southold Town Clef[ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr http: 'southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOLITH@LD Southold Town Hall 53095 Main Road P.O. Box i179 Southold, NY 11971-0959 Tel. (63][) 765-1809 Fax (631) 765-9064 2 4 DELIBERATIONS AND DETERM~NAT~O~.~. FINDINGS, MAY 20, 2004 AppL No. 5432-V - Lon,q ~s~and Power Authorit¥~ Lessee~ by Kevspan, as A~qent Property Owner: Osprey Dominion Ltd. by Frederick Keeh~er, President Property Lecalion: 44075 Main Road, Peconic; CTM ~1000-75-1-20.1; 20.2 PROPERTY FACTS/DESCRiPTiON: The applicant's perce~ consists of 50+- acres Iocated on the north side of the Main Rod (NYS Route 25) in Peconic, including 4.6+- acres for existing winery agricultura~ building and processing building, and the remaining farm ~and {vineyards} of 45.4+- acres. The property is located in the Agricultural-Conservation (MC) Zone ~[str[ct. BASIS OF APPLICATION: Variance from Section 10g-33A concerning the applicant's proposed wind turbine structure which wi[~ exceed the cede's height [imitation of 18 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 18, 2003 and February 26, 2004, at which time written and ora[ evidence were presented. ~n addition, ~egat replies were permitted to be submitted not ~ater than April 2, 2004. Based upon $~a testimony, documentation, persona~ inspection of the property, and other evidence, the Zoning Board finds the fo~Iowing facts to be true and re~evant: VARIANCE RELIEF REQUESTED: A Variance is requested under Section i00-33A to insta~[ $ wind turbine facility containing the wind turbine on top of a support tower and control equipment. This structure includes a width of 50 feet for the turbine blades. The structure wi[[ be located on a section of fend 875 sq. ~. in size (25' x 35'), after dedicating two acres to the proposed turbine use. The owner (Osprey Dominion Ltd.) owns both th~s 4.6+- acre s~e w~th a w~ne~ and the adjacent 45.4+- acres with v~neyards, restricted [o non-development. A~so submitted are a 12117/03 Landscape Plan and t~i7/03 s~1e map, rev~s~ 3/i5/04 by J. Grammes Consu~n~, and construction deta~[s for the proposed i25' h~gh w~nd turbine (100' p~us 25' blade span}. The proposed turbine structure wl[~ be at ~east S00' from road no~h of the ex~st~ng agr[cu~ture~ buS,dings. ADD[TaONAL ~NFORMAT~ON: The applicant, L~PA/Keyspan, indicates a 20-yr. ~easa, with a 25' x 35' section of ~snd for construction and operation of a turbine structure. The purpose of the wind turbine structure is as an experimental purpose related to generating c~ean energy, in a joint i0- year program with the L~ Farm Bureau for demonstration purposes. The production module is i5/50 Drive Train assembly manufactured by Aec. The applicant proposes $ gO-year time frame. DUring the hearings, nearby ~andowners and homeowners expressed concerns regarding noise drone levels at certain times of operation. The applicant confirms increased noise Page 2 - [~ay 20, 2004 App]. No. 5432v - UPA/Keyspan/Osp~ey 75-~-20.% 20.2 at Peco~ic and vibration ~eve~s for a ~imited time period, and proposes ~ow-noiee emission leve~ equipment and operationa~ procedures during construction activities. Max~ sound power ~evel ia 10'~ dB (p. 2-37 of ~eighbors a~so expressed concern over the visue~ impacts in this rura~ neighborhood. Once the structure is built, it wiI~ be visible from locations within 'J-mile. The structure wou~d be easily viewed from the Scenic By~¥ays Corridor designed by New York (~oute 25 and Rou~e 48) and within ~740 feet, or more, over open spaces and fie~s. The proper~y is et ~eaet 600 feet w~de, and c~ear~y visib~e from adjacent areas, including open fie~ds, residences, pedestrians, end whi~e driving a~ong the E{ain Road and s~ong We~s Road ~o the southwest. The proposed facility wi~ a~so be visible across the fields be~veen the Peconic Recreation Center, from approximately seven homes on ~he wes~ s~de of Pecon~c Lane, and adjacent areas on the ess~ and no~h of th~s s~e. A structure ~25 feet ~n height ~s no~ cons~sten~ w~th ~he surrounding rurs~ cha~cter of th~s area and w~ ~e v~s~b~e from various segments of ~he roadways and from nearby parks, ~andscspes, fa~s and o~her open spaces, and residentially used prope~y. The ~ns~s~a~on of s~ruc~ure w~ crea~e a d~s~nc~y commerc~e~ view ~nte~edng ~th ~he h~s~or~ca~ and rura~ v~stas on ~he New York State designed Scenic B~ay, snd ~he Town of Southo~d's rosier ease-west ~horoughfare~ The ps~cu~ar s~te chosen by app~csn~ ~s a we~-es~ab~shed v~neyard w~th a~ ~east 4~ acres of open space and agr~cu[turs~ w~ne~. A~so, res~dent~a~ and sgr~cu~turs~y zoned uses (~andscepe nurse~, fsrm~and, dwellings) sro expand~ng. ~n addressing visuaI concerns, the app~icant has offered: a) monthly sits visits, b) a nautra~ co,or arid ~ design with ~a~ice built into the structure, and c} to ~ecate the structure north of the ~o w~ ~u~d~ngs o~ ~hs s~e, w~hin the agr~cu~tura~ ~scape a~d Grape v~neyards~ These measures do not satisfy the concerns ~bou~ v~s~b[~, s~nce monthly s~e v~s~ts w~ o~y co~f~rm and no~ remedy th~s concer~, and de how add~ona~ construction ma~er~a~ (~a~ce) makes the tower and b~ades ~ess paA~cu~ar~y a~ ~hs top half poA~o~ of ~he Cower where the b~ades are v~s~b~e over ~he The applicant owns other parcels within Suffolk County either being used or available for an e×perimenta~ energy gsnereting purposes, including some that are atreedy improved wlth public uti~i~ structure uses. ~t is net disputed that other areas within the Town or County are available for purchase er ~eese to house such an experimenta~ project. REASONS FOR BOARD ACTION: On the basis of testimony prese~ed, materials submitted and persona~ i~spections, the Board makes the following findings: ~. Grant of the variance wi~ produce an undesirable change in the character of the neighbor~ood or a detriment to nearby properties. The particular site chosen by applicant is an established vineyard with at least 49 acres of open space and existing agricu~tura~ activities, A Town Recreation Center, Jean W. Cechran Park, and Rober~ W. Tusker Park are ~ ~ocated on Peconic Lane near the proposed faci~ity. The proposed facitity wi~ be Page 3 - I~a¥ 20, 2004 App,. ~o. ~432v- LIPA/Keyspan/Ospray 75-'~-20.~, 20.2 at Peco~ic visible across the fields bot~vean the Peconic Recreation Center and the ~lain Road and give an "industrial" appearance. The proposed 125 ft. high wind turbine structure is not consistent with the surrounding rura~ character of ~his ~re~, and ~he proposed ~25 ~. h~gh s~r=c[ure w~ crea~e a d~s~nc~y commsrc~a~ v~ew over ~h~ surrounding farm ~ands and open spaces, ~mpac~ng and ~n~e~er~ng w~h ~he h~s~orica~ and r~ra~ v~s~as on ~he N~w York S~a~e designed Scenic B~ey, and ~he Town of Sou~ho~d's major ease-west ~horoughfare. ~[ ~s conceded [ha~ ~he proposed ~e wi~ ~ncrease no,se and vibration ~eve~s in ~hs neighborhood. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, o~her than an area variance. The applicant is proposing a wind turbine structure at a height of 425 feet, instead of the code's height ~imitation of ~8 fee~, as ~ e~p~r~me~ over a 20-y~ar ~me per~od. A~ ~h~ p~b~c hearing, ~he ~o~rd asked app~can~ whether ~he ~rb~ne co~d be red,ced ~n height, a~d ~o proof was offered show whether a tower s~ruc~ure (w~nd ~urbine) was ~ good faith planned a~d consCruc[ed at shy o~her ~oca~[ons, for a~y periods of ~mes, w~th a~temst~ve designs or a~er~a~vs, ~ower height. A~so, the app~can~ has no~ demonstrated e carren~ public need for ~he height of ~h~s s~r~c~ure at ~25 fee~ to se~e areas w~h[n ~he ~own. The spp~ca~ ~o~ prese~ de~a~ed evidence as ~o which s~es could be or may have been considered ~s ana~ys~s. ~t was ~o~ adequsteay ~emons~rs[ed ~ha~ ~h~s pa~cu~ar agricu~ura~ o~y p~ace ~ can pu~ a w~d ~urb~ne, and wh~ a fu~ ~25 f~. he~gh~ ~s~ead of sn ~ower he~h~ ~s necessa~. 3. The variance requested is substantia~ in re~ation 4o the code requiremenL The height requested is 107 feet greater than the code ~imitation of 18 feet, resulting in a variance greater than 500%. 4. The a~Ioged difficulty has been so,f-created. The code provisions were in effec~ prior to applicant's ptan to purchase and build this structure, knowing that the proposed structure is not a public necessity serving the town, and knowing that the structure is experimental, and that the height exceeds the code at 125 fast ~n height. 5. ~nformation has been submitted to suggest that grant of the relief requested wi[~ have an adverse impact on physica~ and en¥ironmenta~ conditions in the neighborhood. This particular site chosen by applicant is a we~-estab~ished vineyard with at least 49 acres of open space and agricu~t[~ra~ winery. A~so, ~he adjoining res~d~nfia~ and egHcu~ura~ zoned ~ses (~andscape nurse~, farm~and, si~g~e-f~m~y dwellings) are exp~nd~ng. The proposed ~25 f~. h~gh w~nd ~urb~e s~ruc~ure ~s ne~ cons~s~en~ w~th ~he surrounding e~d res~de~a~ character of ~h~s area. A Tow~ Recreation Cen~er, Jean W. Cochran Park, e~d Ro~e~ W. TasEer Par~ are a~ ~ocated on Pecon[c La~e near ~he proposed fac~y. The proposed fac~y w~ be v~s~b~e across ~he fie~ds be~een ~he Pecon~c Recrea~o~ Ce~er and ~he ~e~ Road and g~ve a~ "~ndus~r~a~" appearance. The proposed 325 ~. h~gh s~ruc~ure w~ crosse a d~s~c~y commem~a~ view, v~s~b~e from Che nearby hemes and over ~he s~rrou~d~ng open farm ~ands and o~her open spaces, ~mpac~ng and in~e~er~ng ~he h~s~or]ca~ end rur=~ v~s~as on Che New York S~a~e designed Scenic ~ay, and Town o~ So~tho~d's major eas~-wes~ ~horoughfare. ' Page 4- May 20, 2004 AppL No..~32v- L~PA/~(eyspan/Osprey 7§-'~-20.% 20.2 at Peconic 6. The proposed wind turbine would increase noise levels at the nearby residence by '~,3 dBA to a background noise ~eve~ of appro×ima[e[y 49.7 dBA (ref. 2-38 of EA). Maximum noise ~eve~s from ~he b~a~es of [he proposed w~nd ~urb~ne occur d~r~ng periods w~n~s occur, The app~can~ s~a~ed ~ha~ ~he m~mum so,nd po~er ~eve~ ~s ~0~ ~ec~be~s of ~end ~o 5s h~ghsr. (P~s. 2-37, 2-38 RESOLUTION OF THE BOARD: ~n considering al) of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chair~voman seconded by Member Orlando, and du~y carried, to DENY the variance, as applied for. Vote of the Board: Ayes: Members O[iva (Chairwoman), Tortora, and Orlando. Nay: Member Dinizio. (Absent was Member C--~e~hringer.) This Resolution was du~y adopted RUTH D, OL~VA, CHAiRWOmAN Approved for F[~n~ 5/~04 APPEALS BOARD MEMBERS Ruth D. OIiva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio. Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel, I631) 765-1809 Fax (63D 765-9064 http:~/southoldtown.northfork, net BOARD OF APPEALS /. '/~- Z~A ~5450-SE - Lon~ Es~and Power Authority, Lessee, by Keyspan, as Apent PropeAy Owner: Osprey Dominion Ltd. by Frederick Koch]er, Prasident PropeAy Locat~om 44075 ~a~n Road, Pecon[c; CT~ ~75-1-20.~; 20.2 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTiON: The applicant's psrcei is ~ocatsd in the Agricultural- Conservation (A/C) Zone District, and consists of 50+- acres, 4.5+- acres for the existing winery/agricu~tura~ use and 45.4+- acres, ~ocated on tbs north side of the ~ain Road (NYS Route 25) in Peconic. A 4.6+- acre sect[on of the entire 50 acres is improved with two agricultural buildings and on-site processing of grapes from owner's vineyards. APPLICANT'S REQtJESTIBASIS OF APPLICATION: The applicant is requesting a Bpecia~ Exception under ~ 00-31B(6) for a proposed experimental public utility wind turbine. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 't00 governing a public utility right-of-way, structure and use, as provided under Section ~00-3'1B(6) in this Special Exception app~ication, and on the basis of testimony presented, materials submitted~ and peraona~ ~nspect~on, the Board The applicant (L~PA) is a public utility ~easing 875 sq. ft. of land, with dedication of a two- acre area for the proposed turbine. The ~2/17/03 site map, revised 31'~5/04 by J. Grammas Consultants, shows a~ areas of the agdcultura~ site, existing and proposed, with the wind turbine use. The owner's 4.6+- acre site {CT~ 75-'~-20.'~) is occupied by the owner's agr~cu~ura~ w~ne~. The ~wner's contiguous v~neyard properly, restricted to proh[blt development, ~s 45.4+- acres. Combined the tota~ prope~y consists of 50.84 acres. Also submitted are $ ~2/~7/03 Landscape Plan and construe[on deta~s for the proposed ~25' high wind ~urb~ne (~00' p~us 25~ 5~ade span). The wind turbine ~s shown ~n ~ts proposed ~ocatio~ 600 gee~ no~h of ~he ~ain Road. ADDiTiONAL ~NFOR~AT~ON: The applicant, L~PA/Keyspan, indicates a 20-yr. ~ease, with a 25' x 35' section of land for construction and operation of a turbine structure. The purpose of the wind turbine structure is as an experimenta~ purpose related to generating c~ean energy, in a joint lO- year program with the L~ Farm Bureau for demonstration purposes. The production module is '~5/50 Drive Train assembly manufactured by Aec. The applicant proposes a 20-year time frame. During the hearln[ts, nearby landowners and homeowners expressed concerns regarding noise drone ~eve~s at certain times of operation. The applicant confirms increased noise PaGe 2 - ,~a~, 20, 2004 AppL Ne. 5450.$E - Osprey 75-'~-20.'1, 20.2 at Pecenic end vibration leve~s for a limited time period, and proposes ~ow-noise emission ~eve~ equipment and operetiona~ procedures during construction activities. Max. sound power ~eve~ is 10~ dB [p. 2-37 of Neighbors ease expressed concern over the visual impacts in this rural neighborhood. Once the structure is built, i~ wi~ be visible from locations within 'l-mile. The structure would be easily viewed from the Scenic ~ays Corridor designed by New York (Ro~e 25 a~d Rou~e 48) a~d w~hi~ ~740 fee~, or more, over ope~ spaces a~d ~n addrsssing visua~ concerns, the applicant has offered: a) monthly site visits, neutral co,or and e design with lattice ~ui~t into the structure, and c) to ~ocate the a~ grape vineyards. These measures do ~ct sa~s~ ~he concer~s abou~ v~sibi[i~y, since how additional construction material (~$~lce) makes ~he ~ower pa~cu~ar~y a~ ~he ~op half po~lo~ of ~he ~owe~ where ~he b~ades sro v~slb~e over ~he exis~ ~u~d~ngs an~ [~ee l~nes, ~n~ ~o~ screened from The applicant owns other parcels within Suffolk County either ~3eing used or available for an experimental energy generating purposes, including some that are a~ready improved with public ufi~i[7 structure or uses. It is not disputed ~ha~ o~her areas w~h~n ~he Tow~ or County are ~va~ab~ for purchase or ~ase ~o he,se such ~ exper~men~a~ project. Zoning Code Section ?O0-3~B(~) provides thef: § '~00-3~. Use regulations. [Amended 3-t4-f98~ by L.L. No. 3-'~89~ ~ A-C, R-80, R-'t20, R-200 and R-400 Districts, no bui~din~ or premises shat~ be used and ~e bui~ding or pa~ of a building sha~ be erected or altered which is arranged, intended or designed ~e be used, i~ ~vho~e or in par~ for any uses except the following: ~. Uses permitted by special exception by the Board of Appeals. (Amended ~2-2~- ~993 by L.L. No. 27-t 993J. The fel~owin§ uses are permit~ed by spec[al exception from the Board of Appeals, as hereina~er provided, aRd, excep~ for ~e-faml~y ~e~ngs a~d ~he uses se~ fo~h [~ Subsection ~(~4) hereof, ar~ subject to sl~e p~a~ approva~ by ~he Pla~l~g ~oard: (6) Public utility Hghts-of-way as wel~ as structures and o~Eer ~ece~a~ ~ se~ areas wi~hi~ [~e ~ow~, excep~ ~ha~ w~re~ess ~c~es mus~ ob~a~ approw~ pu~uan~ to A~[cle ~, subject ~o such co~d~o~s as the ~oard of ~pes~s may impose in o~der ~o pro~e~ and promote ~he hea~h, safe~, appearance a~d genera~ we~re of the commun[~ end the character of ~e~ghborhood ~n wh~cE ~hs proposed s~ructu~e ~s ~o ~e constructed. [Amended ~-~2- ~7 ~y L.L. No. First, the Board determfnes that the proposed 425 ft. high wind turbine structure does not qualify as a specia~ e~cception use under Section ~0g-3'~B(6}. The proposed wind ~ur~3ine is neither a "public u~i~i~y right-of-way" nor a structure or other i~s~a~ation that is "necessary Page 3 - A{ay 20, 2004 AppL No. 5450~E - Osprey Dominion/LIPA 75-'~20.1, ;20.2 at Peconic to serve" any area within the town. By definition, the conceded "experimentaF' wind turbine cannot be construed as necessary. Moreover, the proposed harmony with the zoning ordinance and wi~I adYerse~y affec~ the neighborhood ~or reasons no,ed 2. The Board has reviewed the Genera~ Standards governing Speciat Exception uses set forth in Section '~00-2(~3 and finds that: A) The use of a portion of this prope~y for installation of a wind turbine structure wi~ prevent the ordeHy and reasonable use of adjacent properties and uses in th~s zone district and properties and uses in adjacent districts. The adjacent properties are in the A~ricu~tu~'a~-Conaervation and Residen~ia~ Zone D~s~ric~s. The safe~y, hea~h, welfare, comfoA, convenience, and the order of ~hs ~own w~ ~s affect~ by ~he proposed use And ~ts ~ocat~on. The proposed w~nd turb~ne ~s ~25 fee~ ~n height to be hosted on an open farm. The s~ructure ~s not cons~sten~ w~h ~he surrounding rura~ character of ~h~s area and w~l preven~ the orderly and reasonable use of prope~es adjacent ~o th~s prope~ and adjacen~ d~s[r~c~s. The structure ss proposed has no~ been a necess~y fo~ the operation of ~he farm or as a public necess~y to se~e ~he ~own. The proposed 125 ft. h~gh structure w~ crea~e ~ d~sfinct~y commerc[a~ v~ew over the surround~n~ farm ~ands snd open spaces, ~mpsct~ng and ~nte~eHn~ w~[h ~he h~stoHca] and rura~ farms and open v~s~as a~ong the New YorA Sta~e designed Scenic ~ay, and ~he Town of Southo~d's major east-west ~horoughfare. B) The use'wi~I not be in harmony with and wi~ not promote the genera~ purposes and intent of the code. Zoning Code Section 100~31B($) c~eaHy states that the on~y potentially pertinent use to be authorized by Specia~ Exception is, "a ~ub~[c utiliW r~.qht-of- way as we~ as structures and other ~ns~a~at~ons necessa~ to se~e ~reas w~th~n the town." The app~can~ ~s proposing a w~nd ~urb~ne w~h b~ades ~ ~25 fee~ ~n height as an e~per~men~s~ facility hosted on an open farm. The proposed structure and use ~s not a public ufi~ Hght~f-way. ~ addition, no~hsta~d~ng the experimental nature of th~s structure, ~he turbine could easily be ~ocated o~ other ~ands, ~nc~ud[ng on other aw~abie ~a~ds ~ the area, or o~ other ~a~ds owneA, ~eased or o~he~se available ~o L~PA or Keyspa~. As sta~ed, ~ is neither a public u~[~y r~ht-of-way necessa~ to se~e areas within the Tow~. ~t ~s no~ a pe~ted use a~d therefore con~ra~ to the purposes of ~he code. C) The wind turbine is not compatible with its surroundings or with the character of the neighborhood and o~ the community in general, particularly with regarding to visibility, scaie and everal~ appearance. The particular si~e chosen by applicant is and has bean a we~-established vineyard with at ~east 49 acres dedicated ~o agHcu[~ura~ open space, v~n~yards, and an ~gricu~ura~ w~ne~ use. Also, ~he adjoining res~den~ and s~r~cu~tura~y zoned uses are expanding and consist of a ~andscape nursery use, fsrm uses, s~ng~e-fam~y dwellings. A Town Recreation Cen~er, Jean W. Cochrsn Perk, and .'.. Ro~eA W. Tssker Psrk are a~a ~ocated on Pecon~c Lane near ~he proposed w~nd ~urb~ne tower. Th~ proposed ~ower w~h ~urb~ne b~ades w~ ~e v~sfb~e across ~he fie~ds be~sen PaGe 4 - May 20~ 2004 AppL No. E450-$E - Oeprey Dominion/LIPA 75-'J-20.'~, 2G.2 et Peconic the Paconic Recreation Center, from the Main Road, and will give an "~ndustriaF' appearance. The proposed 125 feet in height wi~ create a distinctly cornmercial view, visib;e from the nearby homes and viewed over the surrounding rural, open farm ~ands and other open spaces, impacting and interfering with the historica~ and rura~ v~s~as on the New York S~a~e designed Scenic B~ay, and ~he Town of Sou~ho~d's major eas~-wes~ ~horoughfars. 3. ~n making this determination, the E~oard has a~eo reviewed other matters under Section 100-254, and finds that adverse conditions wil~ result from an approva~ of a specia~ e×ception in this matter: A. There will be changes adverae~y affecting the character of the existing and probable development of uses in the district end the peculiar suitabili~ of such district for the ~ocation of such permitted uses. The proposed 125 ft. high wind turbine structure wi~ adversely affect the rura~ character of the surrounding area and the probably expansion of agricu~tura~ and residentia~ uses. The proper~y is Zoned Agricu~tura~-Conservation and R- 40 Low-Density Residential The proposed 125 ft. high s~ructurs w~ create ~ d~s~nc~y commerc~$~ v~ew over the surround~n~ farm ~ands snd open spaces, ~mpsc~ng and ~e~sr~n~ w~h ~he h~s~oHca~ and rura~ v~s~as on the New York Sta~e designed Scenic ~ay, and ~he Town of Sou~ho~d's major ease-west ~horoughfars. The paA~cu~ar s~e chosen by app~csn~ ~s a we~-estab~shed vineyard w~th aC le=s~ 49 acres of aGr~cu~ura~ and res~den~a~ open spsce and agr~cu~ura~ w~ne~. A~so, ~he adjoining res~den~a~ and agriculturally zoned uses (~andscape nurse~, farm~and, s~ng~e-fam~y dwellings) are proba~e ~xpand~n~ permuted uses. The ~ocat~on of a commsrc~a~ wind ~urb~ne ~s peculiar EL Proper~y values wi~ not be conserved, No evidence has been submitted to show that the proposed exper~menta~ wind turbine in this area of surrounding agricu~tura~ and residentia~ uses wi~ conserve proper~y values. The proposed turbine tower is not a public uti~i~ necessary to serve the Town, and as such is not an authorized use in this Agricultural-Conservation Zone District. The structure is not a farm structure, and no wind turbines have h~s~or~ca~y existed w~h~ area farms ~ ~ha town for ~he purpose proposed by app~[ca~t. The app~ca~ a~so has no~ provided proof tha~ ~he struc~urs ~s accesso~ or ~c~den~s~y ~ecessa~ ~o ~he agHcu~ura~ uses a~ the s~e. The app~cs~ a~so has ~o~ prove~ ~hs~ ~ns~a~a~o~ of ~h~s struc~urs ~s a public necessity to se~e the ~ow~. C. The operation of a wind turbine at e height of t25 feet wi~ cause undue interference with the orderly enjoyment by the public, and by recreational fac~Iitias, e×isting or proposed by the town or by ether competent governmenta~ agencies. The wing span of the b~ades wi~ be 50 feet wide, and viewed above the tops of mature trees, visible from the Main Road and areas to the south/west, over and above the roof of the existing agricu~tura~ building(s). The area has historically existed as ~rs~ w~th open v~stas, f=rm~and and s~ng~e-fam~y residences. The ~nte~erence w~[ be caused by v~sua~ effects as an "~ndustHaF' s~ruc~ure from many s~tes, snd w~h vexing no,se effec~ up to ~0~ d~A {maximum} from severa~ d~rsc~[ons. Page 5 - ~ay 2(~, 2004 AppL Ho. 5450-SE - Osprey Dominion/UPA 75-'~-20.~, 20.2 a~ Pscenic D. The site is not particulaHy suitable for a wind turbine operation considering its siae and character of the neighborhood. The wind turbine is proposed at a height of '[25 ft. from ground ~eve~, which is '[07 feet higher than the zoning code permits. A structure of this height is no[ co~s~sten~ w~h the surrounding r~ra~ character of ~h~s area, snd proposed ~25 ft. h~gh s~ruc~ure w~ be v~s[b~e from vado~s segments of ~he roadways and from ne=rby psrks, ~andscapss, and s~rro~ndin~ farms, open spaces, and res~den~s~y used prope~y. The ~ns~$~a~on of ~h~s s~ruc~=re w~ crea~s e d~s~nct~y commerc~a~ v~sw ~ay, and ~he Town of So~ho~d's ma~or eas~-wes~ ~horo~hfare. The ps~cu~ar s~e chossn by app~can~ ~s a we~-es~ab~shed v~neyard w~h a~ ~eas~ 49 acres of ope~ space and ~dcu~ura~ w~ne~. A~so, the adjo~n~n~ ms~Gent~a~ and agriculturally zoned uses (landscape n~rse~, fsrm~and, s~ng~e-fam~y dwellings) are expanding. An existing Town Recreation Center, Jean W. Cochran Park, and Robe~ W. Tusker Park ere a]~ ~ocated Pecon~c Lane n~ar the proposed facility. The proposed facility w~] ~e v~s~e across the fie~ds baleen t~e Pecon~c Recreation Center and the ~a~n Road. There ars approximately seven homes on the west s~ds of Pecon~c Lane that wo~d have v~ews the proposed facility. The c~ossst mature tr~ss adjacent to the proposed facility are at abo~t 60 feet ~n height, which does not screen the ve~ visible ~25 ft. height at the top half section of the proposed fac~. Add~n~ ~att[ce work t~ the str~cture as offered by spp~cant wouJd ~ncrease ~ts visibility rather than reduce ~t. E. Evidence and concerns with respect to visua~ im~ac~ and noise impact have been presented to show that there wiJ~ be detrirnenta~ impacts to adiacent properties and land uses, Noise impacts: The proposed wind turbine would increase noise levets at the nearby residence by '[.3 dBA to a background noise ~evs~ of approximately 49.7 dBA (ref. 2-38 of EA). l~a×imurn noise Ieve~s from the b~ades of the proposed wind turbine occur during periods when high winds occur. The applicant stated that the maximum sound power ~eve] is 101 dscibe~s of noise from the proposed wind turbine. Duri~ periods of high w~nds, ambient no,se ~ev~ls tend to (p~s. 2-37, 2-38 Visual impacts: The property is at least 600 feet wide, and c~sariy visible from adjacent areas, including open fie~ds, residences, pedestrians, and white driving a~ong the ~ain Road and along WeJ~s Road to the southwest. The proposed facility wi~ a~so be visible across the fis~ds between the Peconic Recreation Center, from appro×irnate~y seven homes on the west side of Peconic Lane, and adjacent areas on the east and north of this site. A structure at this proposed '[25 fast in height is not consistent with the surrounding rura~ character of this area and wil~ be visible from various seGm~n~ 0f the roadways and from near~y parks, ~sndscapes, farms end other open spaces, and residentially ~sed prope~y. The ~nstaHat~on of th~s structure w~ create a d~st[nct[y commercial v~ew inte~er~ng with the h~stor~cs~ and ~ra~ v~stas on the New York Sta~s designed Scenic B~sy, end Page 0 - E{ay 20, 2004 AppL No. 5450.SE - Osprey DominienlL~PA 75-'~-20.1, 20.2 at Peco~ie the Town ef $outho~d's major east-west thoroughfare. The par[icu~ar site chosen by applicant is e wel~-estabiished vineyard with at ~east 49 acres of open apace and agricu~tura~ winery. A~so, ~he adjo~n~n~ res~den~a~ and ~gHc~ura[~y zoned uses (landscape nursery, farm~nd, s~ng~e-fam~y dwellings) ~re expand~n~ 4. The Board further concludes that without meeting the requirements of Section as a pub~[c utility riGht-of-way, or structure, or installation, necessary to serve areas within the Town, rather then as an experimental wind turbine, the Spec~a~ ~cept~on may not granted. The ~oerd conc~ades tha~ ~he w~nd turb~ne, as applied for, ~oes not mee~ t~e RESOLUTION OF THE BOARD: In considering al~ of the abovs factors and applying the balancing fast under New YorkTown Law 2(~7=B, motion was offered by Chairwoman secer~ded by Member Orlando, and du~y carried, to DENY the varianca~ as applied for. VOTE OF THE BOARD: Ayes: Members O~ivs (Chairwoman}, Tor~ora, and OHando. Nay: [~ember D,n,zio. (Absent was ~ember,G~ehHnger.) This ~eso,~,on was du~y a~op~ed RUTH D, OL~VA, CHAirWOmAN Approved for F~ APPEALS BOARD MEMBERS Ruth D. Olive, Chairwoman Gerard P. Goehfinger Lydia A. Tortora V'mcent OrIando James Din~zio, Jr http: southoldtowmnorlhfork.aet BOARD OF APPEALS TOWN OF SOU~OLD F~ND~NGS, DELinEaTiONS ~D DECiSiON ~AY 20, 20~4 ~EET~NG Southold Towm Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel, (631) 7~5-~-809 Fax (631) 765-9064 Appeal No. 5383 - STANLEY ~.,~LON Property Location: 32845 Main Road, Cutchegue; CT~ 97-5-4.5. Zone: E~-EZusiness. SEQRA DETER~INAT1ON: The Zoning E~oard of Appea~s has vis[ted the prope~y under cons~derat~o~ ~n th~s application and de~e~nes ~ha~ ~h~s review fa~ls under ~he T~o ~ c~ego~ of the S~ate's L~s~ of Actions, w~hou~ an adverse effect on th~ env[ronmen~ ~f the proje~ Js ~mp~emon~ed as p~a~ned~ PROPERTY FACTS/DESCRIPTION: The applicant's 53,82'~ sq~ ft. parce~ has ~50 ft. frontage along the Main Road (aJkJa NYS Rt. 25), depth of 3~2.92 ~. a{ong the west side, 349.58 ~. a{ong the east s~de, and t54.16 ~n, ~. along the rear (no~hedy) ~ot ~J~e. The prope~ ~s ~mproved w~h an unoccupied single-family, ~o-sto~ residence and accesso~ frame structure, show~ on ~ho November 7, 200~ su~ey prepared ~y Stanley J. [saksen, Jr. The prope~ ~s ~ocated ~n the B-Genera~ Bus,ness Zone D~stdct. BASIS OF APPUCATJON_: The basis of this Appeat is the Bu[ld~ng Department's b~ay 20, 2003 Not~ce of Disapproval, citing Code Sections ~80-~02 and '~O0-'J03C, in J~s don~a~ of a building permit application concerning new construction for a multiple-use bu~d[ng on a 53,82~ sq. ~. ~o~. Th~ reasons c~ed ~n the ~u~d~n~ Depa~me~t's den[aL states ~hat the construction ~s not permuted because: (5) tho bu}k schedule requkes a minimum Jot s~ze of 30,000 square fee~ per use, and ~here ere up ~o e~ght d~fferent proposed uses, and [n addition, (2) the new construction not~s 8~ feet of ~near footage instead of the code Jim{tat[on of 60 linear feat. APPLiCAbLE CODE PROVIS~ONS: The sections of the Zoning Code, Chapter ~00 noted in the Building Depa~men~'s Not,ce of O[sapprovs~ rea~ as fellows: { 500-10Z BuJk, area and parking requkements. ~q bu~d~n~ or prem~.es sha~ be used and no building or pa~ thereof sha~ be erected or al~ere~ ~n theB D~s~Hct unless the same conf, rms¢o the Bqlk Schedule and pa~n~ and Loading Schedules incorporated into th~s c~apter by reference, with the same force and effect aS. ~f such re~u~at~on, were set fo~h here~n ~n fu~L § '~OO'~ 03. Front yard SetbackS. [Added 8-22-'~995 by L.L; No. '~8-'~985~ C. A. pr0i~ct sha~J be d~y~ded [n~o separat~ structures so that no s~n~[e strU~ur~ sha~ have mor~. ~han s~ (60) ~near feet of ffqn~a~e on o~ (~) street. The so,backs of mu}t~p~e s~ructures on a parce~ mag va~, provided that the average setback of th~ Page 2 - May 20, 2004 ZBA No. 5383 -Stanley Mulch CTM 97-5-4.5 at Cutchogue F~NDINGS OF FACT be tr~e and ~e~ev~nt: AREA VARIANOE RELIEF REQUESTED: The applicant is desirous of bum c commercial building, and requests a variance to a~ow f~o 88' x ~08' build]n9 areas Variances u~de~ Sections I00-102 and 100=I 03C, based on the Building Deps~Z~e~t"s per per~ed use ~n the B=Geners~ Bus,ness Zone D~st~ct. The sp~]~cs~f: ~s ~ropos~ build,n9 ares o~ a 53,821 sq. f~. ADDITIONAL INFOR~AT~ON:A~C~ENDED RELIEF: On December 4, 2003, the appEica~,~ submitted reesoss end c[a¢~n~ tbs ~eques~ for $~ ~nte~p~ets~o~ of Section 100=102~ The occupancies dc nat ~equ~re an add~t~o~s~ 30,000 sq. ¢% of ~and are~ pe~ permitted use ~ ~e up to three d~ffe~e~t ~er~ed uses w~th e~ght tenants/occupancies on th~s 53,82I sq. *h. ~arce4 ss shown on the 12=1I=03 $~te P~n prepared by Harold E. Gabbled A~c~tect shows a proposed buildin9 area 9,498 sq. ¢~,, includin~ 8,818 sq. f~. o~ ~he f~st f~oo~ ~d 888 o~ other uses as may be authorized by codes.) ~ecesse~¢, ~d that there ~s s~ $~ter~t~ve available tc ~educe the over~ ~e~9~h of tbs Page 3 - May 20, 2004 ZBA No. 5383 -Stanley Malo~ CTM 97-5-4.5 at Cutchogue by 12 feet from the odgina~ 38 ff. as requested, resulting in a total linear footage of 78, reduced from the applicant's request of 89 feet. This reduction provides greater setbacks and greater areas for parking, fire lanes, landscaping and buffer areas. P~E[ASONS FOR BOARD ACTION: On the basis of testimony presented, mataria~s submitted and persona~ inspections, the E~oard makes the fo~owing findings: Area Variance for AIternafe Re#el I. Grant of alternate relief wil~ not produce an undesirable change tn the character of the neighborhood or a detriment to nearby properties. The proposed design and alternate relief reduces the ~angth of the building ~ength, and the reduced size w~ blend in~o ~he ~e~ghbor~ood. The ~e~ghborhood consists of o~her similar businesses of off~ces a~ re~a~ areas, and surrounding bus,ness zone districts w/~h s~mi~ar permuted uses. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. W~thout a variance, the necessary f~oor area to accommodate the prospective tenants and future occupants would not be possible. The f~oor areas for each use and tenant requires a minimum size and openness required for ADA access. 3. The alternate relief granted is somewhat substantial The linear footage of the request for 89 feet would result in 48% over the 60 f~. code iimitation. The a~ternate relief for mo 32 ~. sections, tota[~ng 78 ~near feet w~h the open ~4' ~ the cen~er for ~he second-f~oor me~an~ne, amounts ~o a ~esser variance, or 30% of ~he code ~m~at[on of 60 ~. fron~ag~ (w~d~h). ~ ~s a~so c~ear ~ha~ ~he fron~ sid~ of ~he proposed b~Id~ng fac~ ~s 64 ~eng~ show~ng ~he ~o 32 ~. w~de ful~ wa~ sections facing ~he s~ree~. 4. The difficulty was se~f-created when the new construction was p~anned without conforming to the curren~ Town Code requirements. 5. During the hearings, concerns were r~ised about f~ooding due to poor drainage or conditions, and traffic. As to f~ooding and drainage, the applicants are submitting p~ans mitigate potentia~ adverse ~mpacts to mitigate these concerns, which engineering information and p~ans wi~ be reviewed d~r~ ~he f~na~ s~e p~an process w~h var~o~s agencies. conditions ~n ~h~s determination w~ ensure ~ha~ ~e app~ca~ s~a~ prepare a ~na~ design w[~ property contain ~a~er and r=noff o~ ~h~s s~e w~hou[ adverse ~mpac~s ~o surrounding areas, some of w~ch are criteria ~is~ed ~n ~s S~ptember 5, 2003 ~e[~er from James A. ~.A. ~n ~he Town's ~ng~neer~ng Depa~men~ for proper con~ours of ~he ~and, add~ona~ con~a~nmen~, san~a~ sys~m design requirements, and ~e ~s. ~o evidence has ~een su~m~ed ~o su~ges~ ~ha~ ~hs a~erna~ve relief granted hsre~n w~ c~ea~e any ~ore ~ra~c Page 4. - May 20. 2004 ZBA No. 5383 - Sf~n[ey Melon CTM 97-54.5 at Cutchogua of dCt without a Yadance~ enjoy the benef~ of ~ new buS,ding, w~][e prese~n9 ~nd protect~n~ the cbsrscter for an ~NTERPRETAT1ON of the Zonin~ Cede, A~cb X, Se~[on 1O0-102 "B~[k Are~ ~d 38,000 st ~. 00 ~and ~res ~er per~ed use ~ t~e B~eners~ ~us[ness Zo~e D~st¢ct; ~d WHEREAS, a~er due notice public hearings were bold by the Board of Appea~s on December 18, 2003, February 28, 2004, and ~srcb 58, 2004 ~n t~e Assembly Roo~, 7ow~ H~, 53095 Dep~me~t's May 20, 2003 Not]ce of Disapproval; 8nd recorded, and go,Iowa: 100-102. Bulk, ~ree end psrk[n~, requirements. altered [n the B D~stdct u~[ess the same conforms such regulations were set fo~h here~n ~ fu~L E~ BOARD RESOLUTION: In cons~dedn8 ail of the above factors and app[yi ~9 the bsl[nci=9 test under New York Town Law 287-8, ~otion was offered by ~ember To,ors, seconded by Cbs~oms~ O~v~, ~d du~y carded, follows: NO, that Section 100-102 does net require sn sdditbna~ 30,000 sq. ~. o¢ I~nd ara~ Page 5 - May 20, 2004 ZBA No. 5383 - Stanley Melon CTM 97-5-4,5 at Cutchogue per pertained use in the B-Genera~ Business Zone Districf., because Section ~00-t02 c~ear~y states tha~ "...no building or pan thereof sha~l be erected . .Jn the ~ Dis~r~ un,ess ~he same conforms ~o ~he ~u~ Schedule and Par~ng and Loading Schedules ~ncorporeted ~nto t~is chapter by reference, w~th the same force and effe~ as af such regulations wore sst fo~h here~n ~n f=~L" S~nce the ~u~k Schedule end Parking a~d Load~n~ Scheduaes for the Genera~ ~s~ness 'B' Zone D~str~ct provide for $ m~n~m~m requirement of 30,000 sq. ff. of ~a~d ares, th~s requirement ~s ~nterpreted to apply to ssch bu#di~g, rather than to each use or occupancy within building areas that wes noted ~n the Building Dspa~ment's ~ay 20, 2003 Notice of Dfsspprova~; end B~ ~T FURTHER R~SOLVED, TO DENY the area variance appEcation, as applied for, and to GRANT ALTERNATE REL1EF for two combined 32' linear footages, plus 44 f~. open connection by an upper mezzanine, for an oYera~l linear footage not exceeding 78 feet for the new building construction, SUBJECT TO THE FOLLOWING CONDiTiONS: Drywei~s and other basins shana be proper~y designed by an engineer and installed contain rainwater and o~her water runoff within ~he ~ou~da~ of ~h~s s~e, ~o m~n~m~ze ~ny f~ture ~mpac~ o~ r~n-o~ on~o ad~acen~ 2. Tho minimum side yard setbacks sha~ be 32 feet on the west side, and 28 feet on 3. There sha~ be an unobstructed f~re access for a minimum 20 f~. clearance on west side and minimum '~8 f~, c~earance on the east side. 4. Building height sha~ be ~imited as requested to one-story plus a single mezzanine centered between the two building sections. Building width sha~ be limited to 32 feet on each of the two sides and open center foot wide for a center (upper, one-story) mezzanine {resulting in a total maximum ~ength of 78 feet). This action does not authorize or condone any current or future use, setback or other feature of the subjec~ proper~y that may violate the Zoning Code, ether than such uses, setbacks end Page 6 - May 20, 2004 ZBA No, 5383 - Sta~[ay Malon CTM 97-5-4.5 at Gutcho~ue features ae are e×press¥ addressed in this action. Approved for F~9