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HomeMy WebLinkAboutZBA-06/07/2001APPE~OARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948- George L. Penny, Inc. Approved as applied for: AppL 4924- John M. John Brief Discussion: Appl. 4837- Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not addressed tonight. Appl. No. 4909 - McNamara/Mueller. No decision at this time. (Possible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 2 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals AGENDA ITEM V: Resolution: Motion was offered by Chairman Goehringer, seconded by Lydia Totora, and duly carried, to authorize advertise new applications for public hearings to be held July 12, 2001, as follows: 6:30 p.m. Appl. No. 4960- MICHAEL REDDINGTON. Tennis court structure in a front yard at 5700 Nassau Point Road (and Wunneweta Road), Cutchogue; Parcel 111-12- 2.1. 6:30 p.m. Appl. No. 4970 - JOEL REITMAN. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a deck addition with a rear yard setback at less than 50 feet. Location of Property: 325 Indian Neck Lane, Peconic; County Tax Map Parcel 1000-86-1-4.22. 6:35 p.m. Appl. No. 4963 - JANET ODDEN-LAMPAS. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2001 Notice of Disapproval. Applicant is proposing 60 sq. ft. of step area for a porch addition, which will have a front yard setback at less than 35 feet. Location of Property: 315 Rachel's Road, Mattituck; County Tax Map Parcel 1000-108-4-7.44. 6:40 p.m. Appl. No. 4966 - LEONARDO TIRADO. This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's May 21, 2001 Notice of Disapproval. Applicant is proposing an amendment in the location of an accessory swimming pool closer than 32 feet decided April 19, 2001 by the Board of Appeals under Appl. #4913. Location of Property: 3850 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel 1000-111-8-1 6:45 p.m. Appl. No. 4967-THOMAS JEROME. This is a request for a Variance under Article III, Section 100-32, and Bulk Schedule of the Zoning Code, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a division into two lots, one with a two-family dwelling on less than 160,000 sq. ft. of land area, and the other lot for a proposed single-family dwelling on less than 80,000 sq. ft. of land area, in this R-80 Residential Zone District. Total land area existing: 192,666 sq. ft. Location of Property: 48220 Main Road, Southold; County Tax Map Parcel 1000-69-6-7. P. Moore, Esq. 6:55 p.m. Appl. No. 4973 - DONALD and LOUISE MOYLE. This is a request for a Variance under Article XXIII, Section 100-239.4, based on the Building Inspector's May 30, 2001 Notice of Disapproval for a proposed addition at less than 75 feet from the Page 3 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals bulkhead. Property Location: 1920 Minnehaha Boulevard, Southold; County Tax Map Parcel 1000-87-3-63.1 (or 63). 7:10 p.m. Appl. No. 4968 - EDGEWATER II, LLC. This is a request for a Variance under Article III, Section 100-32, based on the Building Inspector's May 1, 2001 Notice of Disapproval for the reason that third stow of the proposed dwelling is indicated as habitable area. Location of Property: 63735 C.R. 48, Greenport; County Tax Map Parcel 1000-40-1-20.2. P. Moore, Esq. 7:20 p.m. Appl. No. 4971 - DOUGLAS BRADFORD. This is a request for Variances based on the Building Inspector's May 1, 2001 Notice of Disapproval for additions to dwelling: (1) under Article XXIV, Section 100-244B, based with a lot coverage over 20% of the code limitation, (2) under Article XXIV, Section 100-244B for side yards at less than 25 feet, and less than 10 feet on either side; and (3) under Article XXIII, Section 100-239.4B for a setback at less than 75 feet from the bulkhead. Property Location: 3705 Bayshore Road, Greenport; County Tax Parcel 1000-53-4-21. 7:25 p.m. Appl. No. 4964 - TIM AND LINDA McWILLIAMS. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 2, 2001 Notice of Disapproval for a new dwelling with a rear yard setback at less than 50 feet. Location of Property: 345 Wabasso Street, Southold; County Parcel 1000-78-3- 36.1. 7:30 p.m. Appl. No. 4975 - JAMES BALDRIDGE. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's May 29, 2001 Notice of Disapproval. Applicant is proposing a new dwelling with a setback of less than 50 feet from the front property line facing Private Road at 6155 Horton's Lane, Southold; County Tax Parcel 1000-54-7-18.6. Archnitechnologies, Inc. 7:50 p.m. Appl. No. 4974 - RICHARD HAMMEL (Owner, JOHN DEMPSEY). This is request for Variances based on the Building Inspector's March 18, 2001 Notice of Disapproval: (1) under Article XXIV, Section 100-244B for a new dwelling at less than 35 feet from the front property line facing Birch Avenue, and (2) under Article XXIII, Section 100-232A for a new dwelling on a lot with three front yards, with a rear yard setback at less than 35 feet from the remaining property line. Location of Property: 2155 Cedar Avenue, Southold; Parcel 1000-77-1-25. Catherine Mesiano, Inc. 7:55 p.m. Appl. No. 4944 - HENRY SMITH and KEYSPAN GAS CORP. This is a request for a Special Exception under Article III, Section 100-31B(6) to establish use of property as a Gas Compressor Facility, and a Variance under Article III, Section 100- 231, based on the Building Inspector's February 13, 2001 Notice of Disapproval for fencing at a height above six feet along front yard(s) in this nonresidential zone district. Page 4- - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals Location of Property: 49400 Main Road and Bayview Road, Southold; Parcel 1000-70- 8-5. Zone District: "B Business." P. Moore, Esq. 8:10 p.m. Appl. No. 4972 - LISTA CANNON. This is a request for Variances for proposed additions to dwelling based on the Building Inspector's March 9, 2001 Notice of Disapproval which states that under Article XXIV, Section 100-244B the proposed construction will have setbacks at less than 35 feet from the front property line, less than 10 feet from the side property line, less than 35 feet from the rear property line, and lot coverage for total building area in excess of the 20% code limitation. Location of Property: 1050 Arshamomaque Avenue, Southold; Parcel 1000-66-2-27. C. Cuddy, Esq. 8:20 p.m. Appl. No. 4976 - MICHAEL McALLISTER. This is a request for Variances (1) under Article XXIII, Section 100-239.4A.1, based on the Building Inspector's May 31, 2001 Notice of Disapproval for new dwelling at less than 100 feet from the top of the bluff, (2) under Article XXIII, Section 100-239.4A.1 based on the Building Inspector's May 31, 2001 Notice of Disapproval for an in-ground swimming pool at less than 100 feet from the top of the bluff, and (3) under Article III, Section 100-33B.4 to locate a proposed garage at less than 20 feet from the side lot line. Location of Property: 17665 Soundview Avenue, Southold; Parcel 1000-51-1-3. 8:35 p.m. Appl. No. 4969 - N.Y.S. FEDERATION OF PROCESSORS AND GROWERS (Owner: N. Aliano). This is a request for a Special Exception under Article III, Section 100-31B(4), to establish use of property as a proposed Nursery School (Grace's Place). Location of Property: 31800 and 31040 C.R. 48 (a/k/a Middle Road or North Road), Peconic; County Tax Map Parcel Nos. 1000-74-4-4.7 and 4.8, also referred to Lots 7 and 8 on the Subdivision Map of Nicholas Aliano. Matthews & Matthews, Esqs. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Resolution was duly adopted (5-0). Horning. This AGENDA ITEM I1: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Lora Collins, and duly carried to confirm the following Declarations: A. Type I1: Appl. No. 4965 - R. and K. Lawrence Appl. No. 4957 - D. McNeill Appl. No. 4954- G. Walker Appl. No. 4959 - D. and D. O'Clair Page 5 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals Appl. Appl. Appl. Appl. Appl. Appl. Appl. No. 4866 - N. Miller No. 4962 - R. and L. Walz No. 4953 - H. Ferguson No. 4955- A. and C. Mitarotondo No. 4844 - D. Buskard (amendment) No. 4960 - M. Reddington No. 4961 - R. and P. Winchester B. Other SEQRA Projects reviewed by Board Members (no objection was noted at this time.) 1. LIPA-Keyspan Gas Compressor Station at Bayview Road G. 2. LIPA-Keyspan lot line change, S.R. 25, Greenport 3. Schlafer- 1670 Furniture House. C.R. 48, Southold Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). AGENDA ITEM II1: PUBLIC HEARINGS: The Chairman opened each of the following hearings to the audience for discussion. Following the close of the hearing, the Board deliberated and rendered a determination; copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. (For full details on discussions, please see written Transcript, prepared separately and filed with the Town Clerk for reference.) 6:38 p.m. Appl. No. 4950 - GEORGE KOUGENTAKIS. (Hearing continuation, carryover from May 3, 2001.) Motion was offered by Chairman Goehringer, seconded by Lora Collins, and duly carried, to open and recess the hearing to August 16, 2001; as requested by the agent for the applicant. This Resolution was duly adopted (5-0). 6:39 - 6:44 p.m. Appl. No. 4956 - ROBERT AND KATHLEEN LAWRENCE. This is a request under Article II, Section 100-26 for a Lot Waiver to unmerge two parcels which have been deemed merged as a single 40,500+- sq. ft. lot due to common ownership as confirmed by the Building Inspector's March 13, 2001 Notice of Disapproval under Article II, Section 100-25A. Location: 465 and 605 Eastwood Drive, Cutchogue, NY; Parcel 110-3-20 and 21. Deborah Doty, Esq. appeared in behalf of the applicants, Robert and Kathleen Lawrence, who were not present. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by the Chairman, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0).. RESOLUTION: HEARING OPENED AND RECESSED TO AUGUST 16, 2001 (or JULY 12, 2001), Page 6 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals 6:44- 6:45 p.m. Appl. No. 4957- DONALD McNEILL. This is a request for a Variance under Article IliA, Section 100-30A.3, Bulk Schedule of the Zoning Code, based on the Building Inspector's April 30, 2001 Notice of Disapproval concerning a proposed lot line change. Applicant proposes to reduce the road frontage of one lot from 122 feet to 102+- feet and lot area from 19,534+- sq. ft. to 14,512 sq. ft., and increase the road frontage and lot size for the remaining lot. Both lots are improved. Location: 1380 Village Lane, Orient; Parcel No. 1000-25-1-27.1. The Chairman opened the hearing, and motioned to recess until August 16, 2001, seconded by Member Collins, and duly carried. This Resolution was duly adopted (5-0). 6:45 - 6:55 p.m. Appl. No. 4954 - GENE WALKER. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's April 4, 2001 Notice of Disapproval which states that the proposed deck addition will be less than 35 feet from the rear property line and will exceed the maximum-permitted lot coverage of 20%. Location: 2530 Gillette Drive, East Marion; Parcel 38-2-26. The lot size is approximately 10,500 sq. ft. Mr. Walker gave testimony and information. No one spoke opposing this application. After receiving testimony, the Chairman motioned to grant this application with the condition that maximum lot coverage not exceeds 24% and to reduce 12 feet from the rear property, seconded by Member Dinizio, and duly carried. This Resolution was duly adopted (3-2). 6:55- 7:10 p.m. Appl. No. 4959- DENNIS and DESIREE O'CLAIR. This is a request for a Variance, based on the Building Inspector's April 30, 2001 Notice of Disapproval regarding applicant's new dwelling construction, and a request to amend Building Permit #26098 issued October 28, 1999 for a two-stow one-family dwelling, full cellar, 2nd floor mezzanine, screened porch with trellis, attached three-car garage as applied for. The Notice of Disapproval states that under Article III, Section 100-32, Bulk Schedule, the height of one-family dwellings are restricted to 2-1/2 stories and proposed construction shows 3rd story habitable space. Location: 1492 Skunk Lane, Cutchogue; Parcel 1000- 97-3-11.8. Mr. and Mrs. O'Clair both were present at the hearing. Mr. O'Clair made testimony and also submitted documentation for fire escape ladder and alarm system. Mr. Dave McClure, builder, also spoke in favor of the applicant. No one spoke opposing this application. The Chairman motioned to close the hearing, seconded by Member Horning, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 7:10 - 7:20 p.m. Appl. No. 4866- NORMA MILLER. Applicant-Owner is requesting a Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a- d of the Southold Town Zoning Code for approval of an Accessory Use as a Bed and Breakfast for transient use of two bedrooms for lodging and serving of breakfast to not Page 7 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals more than four (4) casual, transient roomers, in conjunction with owner-applicant's residence. Location of Property: 12920 Main Road, East Marion; Parcel 1000-31-14-14. Mrs. Miller was present and gave testimony for this application. Costs of improvements to Bed and Breakfast were submitted. Mrs. Pat Coons and Mrs. Marie Benenatti, both Bed & Breakfast owners, spoke in favor of this application. No one spoke in opposition of application. The Chairman motioned to close the hearing, seconded by Member Collins, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 7:20 - 7:50 p.m. Appl. No. 4962 - ROGER J. and LESLIE WALZ. This is a request for a Variance under Article XXIV, Section 100-242A, based on the Building Inspector's May 2, 2001 Notice of Disapproval regarding application's proposed second stow addition to existing dwelling. The Notice of Disapproval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 9.9 feet from the west side line, and as a result, the addition of the second-stow represents an increase in the degree of nonconformity. Location: 2505 Old Orchard Road, East Marion, NY; Parcel 37-6-5. Fairweather-Brown Architects. Mr. Brown of Fairweather-Brown, Architect, appeared on behalf of the applicants, who were not present for the hearing. Mr. Brown will prepare a rendering of this proposed addition to be submitted prior to the August 16, 2001 hearing. Appearing in opposition of this application was Mrs. Norma Martin neighbor to West of applicant. Member Tortora left the hearing at 7:40 p.m. Mr. Ralph Martin and Ms. Joan Egan, neighbors, also appeared in opposition. Member Tortora returned to the hearing at 7:45 p.m. Mr. Frank Thorpe, easterly neighbor and also representing Edward and Virginia Thorpe, next-door neighbors both were in favor of this application. The Chairman motioned to RECESS until August 16, 2001, seconded by Member Horning, and duly carried (5-0). A short recess was taken from 7:50 p.m. - 8:00 p.m. 8:00 - 8:20 p.m. Appl. No. 4953 - HENRY L. FERGUSON MUSEUM, INC. This is a request for Variances, based on the Building Inspector's April 11, 2001 Notice of Disapproval which states that a permit for an addition to the existing museum building is denied for the following reasons: (a) Article III, Section 100-32 requires a minimum front yard setback of 60 feet; and (b) Article XXIV, Section 100-243A.1.a for the reason that the proposed addition will increase the size of this nonconforming nonresidential building, resulting in an increase in the overall building footprint of more than 15 percent. Location: Equestrian Avenue, Fishers Island, NY; Parcel 9-4-11.1. Stephen L. Ham III, Esq. Appearing on behalf of this applicant was Mrs. Ham of Stephen L. Ham III, Esq. Also appearing in favor of this application Ally Reardon, designer of Bird Sanctuary, and Baglike Reed, Board Member of the Museum. After testimony and documentation was Page 8 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals submitted (see transcript of public hearing submitted under separate cover) the Chairman motioned to close the hearing, seconded by Member Tortora, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:20 - p.m. Appl. No. 4955 - ANTHONY and CAROL MITAROTONDO. This is a request for a Variance, based on the Building Inspector's March 23, 2001 Notice of Disapproval. Applicant is requesting a side yard location of an accessory structure instead of the required rear yard. 950 Little Peconic Bay Road, Cutchogue; Parcel 111- 14-15. Proper-T Services. Mr. James Fitzgerald appeared on behalf of the applicant. The applicant, Mr. Anthony Mitarotondo also gave testimony for this application. No one spoke in opposition of this application. Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:25 p.m. APPLICATION WITHDRAWN/HEARING CANCELED: Resolution to accept applicant's request to confirm application withdrawn (no further steps). Appl. No. 4844 (Amended) - DONALD BUSKARD by Fairweather-Brown, Architects. Member Tortora motioned to accept applicant's request to withdraw this application, seconded by Chairman Goehringer. This Resolution was duly adopted (5-0). 8:26 p.m. Appl. No. 4939 - JANET WOCKENFUSS. HEARING NOT HELD BY APPLICANT TONIGHT; REQUEST BY APPLICANT'S ATTORNEY 8:26 - 8:35 p.m. Appl. No. 4906 - V. and R. LYNCH. This is a request for Variances under Article III, Section 100-33 and Article XXIV, Section 100-244B, based on the Building Department's May 10, 2000 for a swimming pool in a side yard location and February 12, 2001 Amended Notice of Disapproval for a deck addition and step area at less than 20 feet from the side property line. Location of Property: Crescent Avenue and Avenue B, Fishers Island; 1000-6-2-9 and 6-1-15, combined as one lot. Stephen L. Ham III, Esq. Mrs. Ham of Stephen L. Ham III, Esq. appeared on behalf of the applicant. No one spoke in opposition of this application. Upon hearing testimony, the Chairman motioned to close the hearing, seconded by Member Tortora, and duly carried (5-0). Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:35 p.m. - 8:48 p.m. Appl. No. 4960- MICHAEL REDDINGTON. This is a request for a Variance, based on the Building Inspector's March 26, 2001 Notice of Disapproval Page 9 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals under Article iii, Section 100-33, for permission to locate a tennis court structure in a front yard area at 5700 Nassau Point Road (and Wunneweta Road), Cutchogue; Parcel 1000-111-12-2.1. Fairweather-Brown Architects. Richard Vandenberg appeared and offered testimony for the applicant who was absence from the public hearing. The Board requested documentation be furnished by June 20, 2001. Motion to close this hearing, pending receipt of requested documentation was made by the Chairman, seconded by Member Horning, and duly carried (5-0). 8:48 p.m. - 8:58 p.m. Appl. No. 4961 - ROBERT AND PATRICIA WINCHESTER. This is a request for a Variance, based on the Building Inspector's May 14, 2001 Notice of Disapproval under Article XXIV, Section 100-242A, which states that the existing structure has a nonconforming setback from the front lot line on East Club Road, and second stow addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of nonconformance. Applicant proposes to add a second-stow addition at less than 50 feet from the front property line. Location: 6675 Nassau Point Road, Cutchogue; Parcel 1000-111-15-7. Fairweather-Brown Architects. Ms. Amy Martin of Fairweather-Brown Architects appeared for the applicant. Mr. and Mrs. Winchester were not present at the public hearing. No one spoke opposing this application. Following the close of the hearing, the Board deliberated and rendered a determination; a copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:58 p.m. - 9:45p.m. Appl. No. 4921 - DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request variances under Article XXIII, Section 100-239.4A.1, based on the Building Department's December 20, 2000 Notice of Disapproval, for a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet for combined side yard setbacks, and less than 40 feet from the front property line. Location of Property: 3400 Lighthouse Road, Southold; 1000-50-2-2. Mr. Hurtado, applicant. Gail Wickham, Esq. appeared representing the applicant. Mr. Hurtado was present for the public hearing. Also appearing in favor and giving testimony for this application was Mr. Fischetti. Anthony Tohill, Esq. representing neighbor Mr. Preall spoke in opposition of the application. Also appearing and opposing the applicant were neighbors Mr. Reinacker and Mildred Boyce. Documentation was submitted by Ms. Wickham (see transcript of public hearing submitted separately). The Chairman motioned to close the hearing and reserve decision pending receipt of further information from applicant by June 20, 2001, seconded by Member Tortora. This Resolution was duly adopted (5-0). End of public hearings. AGENDA ITEM IV: DELIBERATIONS/DECISIONS (above hearings): Page 10 - Minutes Meeting held June 7, 2001 Southold Town Board of Appeals Conditional Approval: Appl. No. 4954 - Gene Walker Appl. No. 4959 - Dennis and Desiree O'Clair Appl. No. 4866 - Norma Miller Appl. No. 4906- V. and R. Lynch Approved as Appl. Appl. Appl. Appl. Appl. applied for: No. 4956 - Robert and Kathleen Lawrence No. 4953 - Henry L. Ferguson Museum, Inc. No. 4955 - Anthony and Carol Mitarotondo No. 4961 - Robert and Patricia Winchester No. 4909 - McNamara/Mueller- Reversed B.P. Denied: Appl. No. 4837 - Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939 - Janet Wockenfuss 2. Appl. No. 4958- A. Marinakis 3. Appl. No. 4927 - Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. AGENDA ITEM VI: EXECUTIVE SESSION (none held). Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board, at this Pag~ ~.]. - Minutes Meeting held 3une 7, 2001 Southold Town Board of Appeals time, the Chairman declared the Meeting adjourned The Meeting was adjourned at approximately 10:00 p.m. for Filing 7- ;.4, Goehringer, Chairm~ Case Decisions (12) Respectfully submitted, Paula Ouinti~j/ Secretary APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4948- GEORGE L; PENNY, INC. PARCEL 1000-53-2-27.1, 25.1, 21, 22 STREET & LOCALITY: Comer of Main Road and Kerwin Boulevard, Greenport. DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property consists of 80,000+- sq. ft. in area; located on the south side of the Main Road (a/Ida S.R. 25) and the west side of ~Kerwin Boulevard in Greenport, Town of Southold. The map prepared February 5, 2001 shows that the property has 300 ft. frontage along the Main Road and 307+- feet along Kerwin Boulevard. The overall acreage is a minimum of 2.67 acres with an existing building material/retail lumber yard with existing buildings. The property is located in the Light Industdal Zone District. BASIS OF APPEAL: Building Inspector's March 20, 2001 Disapproval which reads that Section 100-243 provides that an action not create any new nonconformance or increase in the degree of nonconformance with regard to the regulations pertaining to such buildings. The proposed new commercial building will be less than 20 feet from the side property line, and a new storage building will be less than 100 feet from the front property line. AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to build a 50 x 102 ft. storage building with a 15 ft. side yard setback instead of 20 feet, and to replace an existing foundation with a 54 x 100 ft. metal storage building maintaining the existing front and side yard setbacks. The .locations are more particularly shown on the map prepared by Anthony W. Lewandowski, L.S. dated February 5, 2001. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD:, The applicant proposes to demolish a preexisting storage building that has a nonconforming front yard setback of 36 feet from Kerwin Boulevard and a nonconforming side yard setback of 6'3" which southerly property line adjoins property owned by the Long Island Railroad. The existing structure would be replaced by a 54 ft. by 100 ft. metal storage building that would maintain the existing front and side yard setbacks. 1. The applicant testified that it would be expense to construct the new metal storage building in a conforming location because he would like to retain part of the existing foundation, the raised concrete portion, and use it as a platform to unload and load tractor trailers as part of his business operations. 2. At the board's request at the May 3, 2001 hearing, the applicant submitted a cost estimate to remove the .building and to construct a new elevated platform. The estimated costs, prepared by K.L, Dickerson Excavating Inc., and submitted by letter May 8, 2001 was $42,500. Page 2.- June.7, 2001 A~opl. No. 4948 - George L. Penny, Inc. 1000-53-3-27.1 at Green port 3. The applicant also proposes to construct a new 50 ft. by 102 ft. storage building and requests a 15 ft. side yard setback instead of the code-required 20 ft. setback. The applicant testified that the 5 ft. variance is required to ensure that the new building will not interfere with an existing drainage field. 4. Several neighbors in the area expressed concerns about the need for a buffedng area along Kerwin Boulevard to mitigate the impact of a conforming light-industrial operation near a residential community. 5. The applicant agreed to provide maximum screening as a condition of this approval. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the .Board makes the following findings: 1. Grant of the area vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The proposed use iS consistentwith the Light Industrial Zone District. The applicant proposes to replace, improve and expandr an existing structure. The new storage structure will not change the preexisting front and side yard setbacks to Kerwin Boulevard. The applicant has agreed to provide extensive buffedng that,will be an improvement for the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The applicant has submitted dollars and cents proof that to use all'new construction for the 54 x 100 ft. metal storage building at another site On the property, without use of the existing concrete foundation, would cost an additional $42,500. The 5 ft. side yard variance requested for the 50x102 ft. storage building is reasonable because to move the structure to the COde required 20 ft. setback would damage existing drainage fields. 3. The front yard setback vadance is substantial in relation to the code requirement. However, the property contains two front yards 'and the relief granted herein will not further increase the nonconforming front and side yard setbacks. 4. The hardship has been self-created because the applicant knew when he purchased the property that the side yard setback of the existing structure was nonconforming. The. hardship of the front yard setback has not been self-created because the Southold Town Code Was modified subsequent to the date applicant purchased the property (1989). 5. 3'he proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distdct No evidence has been submitted to suggest that the proposed variances will impact environmental conditions, and the applicant has agreed, to provide screening to mitigate visual and phys ca condit ons Page c3 - June 7.2001 -'A~p~pl. i~o. 4948 - George L. Penny, Inc. 1000-53-3-27.1 at Greenport In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of additional indoor storage, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant shall provide and maintain adequate screening along the front yard facing Kerwin Boulevard. 2. Planning Board approval of adequate screening in issuance of the s_i.te plan review. VOTE OF THE BOARD: AYES:. Memb~h~man), Din~l~/ora, Collins, and Homing. This Resolution was duly a~ted (5-0)~///~Jj ,~RARD P. GOEHRINGEI{, CHAIRM,,~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Jmes Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS., DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4955 - Anthony Mitarotondo PARCEL 1000-111-14-15 STREET & LOCALITY: 950 Little Peconic Bay Road, Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the south side of Little Peconic Bay Road in Cutchogue. The survey map (updated 3/16/01) shows this lot as 46,622 sq. ft. in size, with 198+- feet along Little Peconic Bay Road (along a tie line) and 178.25 feet along a private 15' wide path. This tot is referred to #239, 240, and part of 241 on the Map of Nassau Point, Amended Map A and is improved with a one and two story frame house with garage under, roofed porch, and accessory patio, all as shown on the survey last dated March 16, 2001, prepared by Joseph.A. Ingegno, L.S. BASIS OF APPEAL: Building InsPector's March 23, 2001 Disapproval which reads that the building permit to move an existing accessory playhouse structure is disapproved under Article III, Section 100-33 for the reason that it is proposed within the side yard, rather than the required rear yard. AREA VARIANCE RELIEF REQUESTED: The applican{ requests an area variance to locate an accessory 210 sq. ft. playhouse structure With attached deck in the side yard area as shown 'on the survey updated March 16, 2001, with setbacks proposed at 49 feet from the easterly property line and 34+- feet from the area labeled "footpath." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The applicant wishes to relocate a small 210 sq. ft. playhouse with attached deck from the rear yard to the northeast side on this large waterfront property consisting of 1.07 acre. The new location will provide ample screening for the playhouse from view from Little Peconic Bay Road and would be 34 feet at its closest point from a 'footpath' and 49 feet from the east property line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible fOr applicant to pursue, other than an area vadance because of enwronmental constraints and because the proposed location is the most beneficial to the applicants and the neighborhood. .... 3. The area variance is not substantial. ~Oage 2 - June 7, 2001 AppL No. 4955 - Anthony Mitarotondo 1000-111:14-15 at Nassau Point 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest the new location of the playhouse will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new accessory playhouse structure with deck, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehd_..dQ.g, er (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was dulY adopted~/~ ~.~~ .~R'ARD P. GOE~Rf'NGEF~','"CHAI~,~VI''AN own o[ Southolfi FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 200'1 Appl. No. 4959. DENIalS and DESIREE O'CLAIRE PARCEL 1000-97-3-11.8 STREET & LOCALITY: ;1492 Skunk La~e Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS: Applicants' property consists of 2.445 acres reached by a right-of- way off Skunk Lane in Cutchogue. Construction of a single-family dwelling is nearing completion under Building Permit #26098. BASIS OF APPEAL: Building InspeCtor's Notice of Disapproval dated Apdl 30, 2001, denying an amendment to Building Permit #26098 because the proposed construction shows a third-story habitable space in violation of the 2-1/2 story limit set forth in the Code. AREA VARIANCE RELIEF REQUESTED Appl cants request a vadance authorizing the configuration of the house, as built, with a 3rd floor "mezzanine" giving access to the attic and enabling roof sky ghts to give light down the stairwell to the first floor. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants state that the house has been built in accordance with the plans submitted with the application for Building Permit #26098. The Building Permit authorizes a ,,2.d floor mezzanine," but at the time of the framing inspection the Building Inspector objected to the mezzanine. Applicants state that the Building Inspector considers the mezzanine to be 3r~ story habitable space in violation of the Code. (2) The house has two full floors of living space and an attic-under the peaked roof. At the center of the house, a staircase runs to the second floor and then to a landing at the attic level. This landing, containing 166 sq. ff., is the "mezzanine" at issue. Access to the attic is through a door on the mezzanine. The staircase and mezzanine are centered under the peak of the roof. Skylights in the roof provide light down the stairs to the first floor. (3) The Code authorizes 2-112 stories in residences. A half story is defined as a space within the roof framing, no more than 50% of which has a ceiling height of more than 7'6"; the minimum ceiling height is 5 feet. Page 2 - June 7, 2001 Appl. No. 4959 - D. O'Clair 1000-97-3-11.8 at Cutchogue (4) The mezzanine has a maximum ceiling height of 11 feet under the peak of the roof. The ceiling height declines in both directions from the peak, to a minimum of 4'8" at the eastedy wall of the mezzanine and 8'5" at the westerly wall. The average ceiling height is 7'10". It appears from the plans that approximately 59% of the mezzanine -space has a ceiling height of more than 7'6" whereas the Code allows no more than 50%. (5) The mezzanine could be brought largely into compliance with the Code by construction of a ceiling to reduce the percentage of the space having a ceiling height over 7'6'. This would be purely technical compliance that would not change the nature of the mezzanine but would seriously compromise the architectural plan. The minimum height at the easterly wall, at 4'8", would still be less than the required 5 feet. The deviation of the mezzanine from the Code's parameters for a half story are not substantial. (6) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because it will have no effect on the appearance or use of the dwelling and will authorize only a small'landing that is not suited to habitation. (7) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (8) The action set forth below is the minimum necessary and adequate to enable applicants to complete their house as planned while preserving and protecting the character of the neighborhood and the health, safety and welfare of~the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance app ied for, .subiect to the CONDITION that the mezzanine space shall, under no circumstanCes be used. for sleeping. VOTE OF'THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, Tortora, Collins, and Homing. This :Reso ut on was duly adopted ,(5-0). Chairman Boar'd of Town FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4866 - NORMA MILLER PARCEL 1000-31-14-14 STREET & LOCALITY: 12910 Main Road, East Madon DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS: Applicant's property is on the south side of Main Road in East Marion, with 37 feet of road frontage, an averagedepth of about 233 feet, and frontage on Orient Harbor of about 70 feet. It is improved with a frame house, shed and garage. APPLICANT'S REQUEST: Applicant requests a Special Exception under Code Section 100-3 l(b)(14) [ref. 100-30A.2(B)(1) to operate a bed-and-breakfaSt accessory use in her home. Floor plans submitted with the application show two B & B guest bedrooms, and the application proposes a maximum of four guests. REASONS FOR BOARD ACTION.. DESCRIBED BELOW: (1) After hearing testimony, reviewing submitted materials and making personal inspection of the property, the Board has considered the General Standards set forth in Code Section 100-263, and finds and determines the following: (A) The proposed bed-and-breakfast accessory use will not prevent the orderly and reasonable use of adjacent properties, or of properties in adjacent use districts, or'of permitted or legally established uses in its zoning district or adjacent use districts. (B) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location. (C) The proposed use will be in harmony with, and promote the general purposes and intent of, the Zoning Code and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. (D) The structure will be readily accessible for fire and police protection. Page 2 - June 7, 2001 Appl. No. 4866 - N. Miller {B&B) 1000-31-14-14 at East Marion (2) No adverse findings result from a review of the matters to be considered under Code section 100-264. RESOLUTION/ACTION: on motion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the application for a Special Exception for an accessory bed-and-breakfast use, subject to the following CONDITIONS: (1) Owner-applicant shall obtain a bed-and-breakfast permit from. the Building Department as required by Code section 100-3 l(B)(14). (2) At lease four off-street parking spaces shall be provided (on the property). (3) There shall be no backing out of cars onto Main Road. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio} Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAI,S TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax 11631) 765-9064 Telephone (631)765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 7, 2001 Appl. No. 4924: - JOHN M. JOHN 1000-106-5-20 (and 22.2) STREET & LOCALITY: Rhoda Roa(z Mattituck DATE OF PUB LIC HEARING: April 5, 2001; April.19, 2001 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of two undeveloped lots on Rhoda Road in Mattituck, identified as SCTM 1000-106-5-20 and 22.2. On the map of Captain Kidd Estates filed with the Suffolk County Clerk on January 19, 1949, these two lots are shown as Lots 177 and 178, respectively. Lot 20 measures 90 x 125 feet or 11,250 sq. ft.; Lot 22.2 is smaller because of its comer location, and measures 11,115 sq. ft. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated November 30, 2000, stating that the two lots, both of which are nonconforming, have merged pursuant to Code section 100-25A because they were held in common ownership after July 1 1983. RELIEF REQUESTED: Applicant requests a waiver of merger pursuant to Code Section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) According to a title seamh submitted by applicant, Mike John purchased Lot 22.2 in September 1963. and Lot 20 in January 1968, and held both in his name alone. Under the provisions of Code section 100-25A, added in November 1995, the lots have merged on account of Mike John's ownership of both after July 1. 1983. In February 1985, Mike John transferred to two lots to Mary Mavrostomos and John M. John. In December 1993, Lot 20 was transferred to John M. John and Lot 22.2 to John M. John and his wife, Maureen. (2) The lots have been held as investments, and the current owners wish to sell them separately. (3) Waiver of the merger will recognize the original lot lines as mapped in 1949 and'maintained in the transfers since then. Each'of the two unmerged lots will be consistent with the size of other lots in the neighborhood, all of which were laid out in the Page 2 - June 7, 2001 Appl. No. 4924 - J. M. John (Mattituck) 1000-106-5-20 (and 22.2) Lot Waiver 1949 subdivision. The neighborhood is. generally developed with single family homes on lots similar in size to each of the two lots in question. (4) Waiver of the merger will allow for the ultimate construction of a single-family residence on each lot, which will not result in a significant increase in the density of the neighborhood. (5) The topography of the lots is such that construction on them should not significantly change the natural details and contours of the land, There is no evidence that construction would entail any substantial filling of land having an adverse environmental effect. (6) If the merger is not waived, applicants' expected retirement income from the sale of the lots will be diminished. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to .qrant the waiver of merger as applied for. VOTE C F THE BOARD: AYES: Members Dinizio, Collins, and Horning. (Nays: Chairman Goehringer and Member Tortora). This Resolution was duly adopted (3-2). APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4956 - ROBERT R. and KATHLEEN B. LAWRENCF PARCEL 1000-110-3- 20 and 21 STREET & LOCALITY: ,465 and 605 Eastwood Ddve, Cutchogue DATE OF PUBLIC HEARING: June 7, 200t. FINDING8 OF FACT PROPERTY FACTS: The subject property consists of two lots on Eastwood Drive in Cutchogue, identified as SCTM 1000-110-3-20 and 21'. According to deeds filed with the appeal, the map of Eastwood Estates filed with the Suffolk County Clerk in November 1962 shows these two lots as Lots 11 and 12, respectively. Each lot measures 135 x 150 feet or 20,250 sq. ft. Lot 20 is improved with a single family dwelling which is applicants' home. Lot 21 is vacant. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated March 13, 2001, stating that the two lots, both of which are nonconforming, have merged pursuant to Code section 100-25A because they were held in common ownership after July 1, 1983. RELIEF REQUESTED: Applicants request a waiver of merger pursuant to Code section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants purchased Lot 20 in 1969, and soon thereafter, built their home on it. They hold Lot 20 as tenants by the entirety. (2) In 2000, the owner Of Lot 21 was trying to sell it, and in consultation with their son, applicants decided to buy Lot 21 with the hope that their son could in the future build a home on it. Applicants' purchase of Lot 21 in May 2000 was carded out without an attorney. Applicants took Lot 21 as tenants by the entirety, unaware of the provisions of Code section 100-25A. Under that law, Lots 20 and 21 merged because of the common ownership. (3) Waiver of the merger will recognize the odginal lot lines as mapped in 1962. Each of the two unmerged lots will be consistent with the size of other lots in the neighborhood, all of which were laid out in the 1962 subdivision. The neighborhood is generally developed with single family homes on lots similar in size to each of the two Page 2 - June 7, 2001 Appl. No. 4956 - R. and K. Lawrence 1000-110-3-20 and 21 (Cutchogue) lots in question. Applicants state that of the 32 lots bounded by Pequash Avenue and Midwood, Pinewood and Southern Cross Roads, only 10 are larger than Lots 20 and 21 if unmerged. (4) Waiver of the merger will allow for the ultimate construction of a single family residence on Lot'21, which will not result in a significant increase in the density of the neighborhood. (5) The topography of Lot 21 is such that construction on it should not significantly change the natural details and contours of the land. There is no evidence that construction would entail any substantial filling of land having an adverse environmental effect. (6) If the merger is not waived, applicants will be left with an unbuildable, unwanted piece of land. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED~ to grant the waiver of merger as applied for. VOTE OF THE BOARD: AYES: Member (Chair. ma'h'T,,"Din. Jz~roTortora, Collins, and Homing. This Resoluti~as duly a~d (5-'0)/~/~J/ ,~'~ERAR~D P. GOE~INGER, CHAIRMAN FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 200'1 Appl. No. 4909 - Patricia and JamesMcNamara STREET & LOCATION: 3705 Alvah's Lane Cutchogue 1000-101-2-24:5 and 24.6 DATE OF PUBLIC HEARING: February 27, 2001; March 15, 2001 I. NATURE OF APPEAL: 'Appellants, Patdcia and James McNamara, request that the Zoning Board of Appeals reverses a Building Permit (No. 2682~1-Z) dated October 4, 2000 issued to Eberhard: Mueller and Paulette Satur Mueller to construct two greenhouses. East greenhouse measures 30 by 96 feet. II. RELIEF REQUESTED: Appellants maintain that the Building Inspector erred in issuing the building permit, because, pursuant to Southold Town Code Section 100-250, site plan approval by the Town Planning Board was required for this project pdor to a building permit being issued. Site plan approval was not obtained. III. PROPERTY FACTS/DESCRIPTION: The property consists of approximately 18 acres situate along the west side of AlYah's Lane in Cutchogue and is improved with a newly. constructed house, a cottage converted to a storage, building, and a barn. The greenhouses were' constructed about 70 feet from the front property line. Of the 18 acres, the development rights on approximately 16 acres were sold to the County of Suffolk. The property is imore specifically described as SCTM Parcel #1000-101-2-24.5 which covers that portion of the lot on which the development dghts have not been solcl, and SCTM Parcel. #1000-101~2-24.6 which covers that portion of the lot on which the development rights have been sold:. IV. MATTERS CONSIDERED: 1) Eberhard Mueller and Paulette Satur Mueller own the parcel for which this building permit was applied. 2) The McNamara's own a parcel of property and live directly across the street from the property for which the Building Permit in question was issued. 3) Construction of the greenhouses was originally begun without building permits. The Building Department stopped the work and subsequently the property owners applied for and received building permit No. 26821-Z. 4) The greenhouses each measure 30 x 96 feet, The square footage of the greenhouses totals approximately 6000 square feet, The greenhouses have no heat. The floors are the Page 2 June 7, 2001 Appl. No. 4909 - P. and J. McNamara 1000-101-2-24.5 and 24.6 5) The Building Inspector testified that there was no distinction between a temporary or permanent building under the Town Code. The Building Inspector further testified that the greenhouses met the definition of building under the Town Code and therefore a building permit was required.. 6) Pursuant to the Southold Town Code the property owned by the Muellers is a single lot, despite the fact that the lot has two Suffolk County Tax Map Numbers. There was no subdivision involved, just the sale of the development fights on the majodty of the parcel. Two SCTM numbers were issued for ease of taxing purposes, not to 'indicate two legal, separate and distinct lots as defined by the Town Code. V. APPLICABLE CODE PROVISIONS: Chapter 100 "Zoning" under Article XXV, Section 100-250 entitled "Site Plan Approval," which reads as follows: § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 100-31A(1), and customary nonagricultural accessory uses to a single- family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on February , 2001 and March 15, 2001, at which time written and oral evidence was presented. Based on all testimony, documentation, personal observations of members of the Board and other evidence, the Zoning Board finds the following facts to be true and relevant: Issue before the Board The crucial issue before the Board is whether or not these two greenhouses required site plan approval pursuant to Town Code Section 100~250. Page 3 - June 7, 2001 Appl. No. 4909 - P. and J. McNamara 1000-101-2-24.5 and 24,6 The use in question is farming. This is undisputed. Section 100-250 states that Article XXV of the Town .Code shall apply to every land use that is permitted in the Town of Southold except that: 1) the single-family home use on a single and separate lot as set forth in Article III, § 100-31A(1); and 2) customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code Farming is a land use and neither of the exceptions are applicable. Therefore Article XXV of the Town Code applies to farming. (It is important to note that the question before this Board is not whether or not the two buildings are permitted but rather, whether site plan approval is required.) Section 100-250 further states that site plan approval is not required unless there is: 1) a change in use, or 2) a change in intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. In this case there is no change in use. The pdor use of the property was farming or accessory farming and the greenhouses will be used for the same use. The key question is whether the construction of the two greenhouses constitute a change in intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. The greenhouses in question together total approximately 6000 square feet. By sheer size alone these cannot be considered minor accessory structures. The footprint created by such substantial greenhouses as well as their placement on the property constitute a change in intensity of use which will affect, at a minimum, open space. Thus. pursuant to Town Code section 100-250 site plan approval was required as a condition precedent to the issuance of a building permit. The Board notes that in totaling approximately 6000 square feet these structures are larger than the majodty of the structures in the Town. The Muellers raise the questions of standing, notice and mootness. The Board finds these claims to be without merit. BOARD RESOLUTION/ACTION: Now, therefore, on motion by Member Tortora, seconded by Member Homing, it is Page 4 - June 7, 2001 Appl. No. 4909 - P. and J. McNamara 1000-101-2-24.5 and 24.6 Resolved, that the Zoning Board of Appeals, based .on the record, the public hearings, the oral testimony and the wdtten submissions, for the reasons set forth above, hereby finds that Muellei~s application required site plan approval pursuant to section 100- 250 of the Town Code prior to a building permit being issued; and be it further Resolved, that the Building Inspector's decision to grant Building Permit No, 26821-Z dated October 4, 2000 is hereby reversed and annulled. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Tortora, and Homing. NAYS: Members Dinizio and Collins. This Resolution was duly adopted. (3-2). APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lord S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4961 - ROBERT AND PATRICIA WINCHESTER PARCEL 1000-111-15-7 STREET & LOCALITY: 6675 Nassau Point Road, Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the east side of Nassau Point Road in Cutchogue. The survey map (updated 1/23/96) shows this lot as 41,500 sq. ft. in size, with 104.16 ft. along Nassau Point Road and 296.98 feet (along a tie line) at East Club Road. This lot is referred to as Lot 48 on the Amended Map A, Nassau Point Club Properties, Inc. and is improved with a 1-1/2 story frame house with wood deck and in-ground swimming pool, and two accessory storage buildings. BASIS OF APPEAL: Building InspectoCs May 2, 2001 Disapproval which reads that the building permit for a second story addition to dwelling is disapproved under Article XXIV, Section 100-242A for the following reason: "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to regulations pertaining to such buildings. The existing structure has a nonconforming setback front lot line on East Club Road. Second story addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of nonconformance. Fifty (50) ft. front yard setback required." AREA VARIANCE RELIEF REQUESTED: The applicant a 5' x 8' addition to the existing dwelling as shown on sketch prepared by Fairweather-Brown Architects with a proposed setback of 36+- feet from a tie line near the East Club Road property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The property is a large (41,500 sq. ft.) waterfront, corner lot with two front yards on Nassau Point Road and East Club Road (an unimproved paper road). The proposed 5' x 8' two-story addition follows the exterior footprint of the front of the house and will not increase the existing 128-ft. setback to Nassau Point Road. The proposed addition is set back more, with a setback proposed at 36 feet from the northerly tie line, or a total of 55 feet from East Club Road than the existing house, which exists at 19 feet to the tie line at its closest point. The small addition appears to be part of the house and will be a detriment to neighboring properties. _,Page~2 - June 7, 2001 Appl No. 4961'- Robert and'Patricia Winchester 1000-111-15-7 at Nassau Point 2. The benefit sought by the app icant cannot be achieved by some method, feasible I=or applicant to pursue, other than an area variance because the existing front yard setback to the tie line is nonconforming, and the applicant wishes to fill in part of the L-shaped front.line of the house with ' the small addition. 3. The area variance is not substantial and represents a variance for 40 square feet. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or. district. No evidence has been submitted to suggest that grant of the relief requested will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of expanding the existing dwelling, and that the grant of this vadance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dij;dzic~,Tortor~, Collins, and Homing. This Resolution was duly adopted ~~______~__~~~/~_ j, ,~GERARD P. GOEHRINGEF~, CHAIP,xI~1~N APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 AppL No. 4953 - HENRY L. FERGUSON MUSEUM PARCEL 1000-9-4-11.1 STREET & LOCALITY: Comer of Equestrian Avenue, West St. and Bell Hill Ave, Fishers Island DATE OF PUBLIC HEARING: June 7 2001. FINDINGS OF FACT PROPERTY, FACTS/DESCRIPTION: The above identified property is preexisting and contains a nonconforming use in this R-80 Residential Zone Distdct on Fishers Island, and consists of an of 3.2t+- acres with ~1.86+- ft. frontage along Equestrian Avenue. This property adjoins properties in a qua!ntly developed Hamlet Business (HB) Zone District occupied by the commercial, buildings of the village center. The parcel is improved with one museum building which is owned and occupied by the H. Lee Ferguson Museum, Inc., a not-for profit pdvate foundation. The odginal one-story building was constructed in 1972, with an additional expansion in 1990. The remaining portion of the property is occupied by a rustic wetlands-wildlife sanctuary which is freely open for public access from anY of theithree public roads around the property. BASIS OF APPEAL: Building Inspector's April 11, 2001 Notice of Disapproval for the reasons that (a) under Article III, Section 100-32, the proposed addition to the existing museum building is proposed with a front yard setback o,f 41.5 feet instead of the required 60 feet on this Iotl and (b) under Article XX V, Section ! ~0-243A. la for the reason that the proposed addition will increase the size of this nonconforming n6nreSidential build ng, resulting in an overall bu Id ng footprint of more than 15 percent. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for proposed additions as shown on the March 6, 2001 site plan prepared by Chandler, Palmer & King. The front yard setback for a porch at its closest point is proposed at 29 feet. All other areas of the proposed addition are proposed at 40 feet. REASONS FOR BOARD ACTION BELOW: (1) Granting of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the presence of the Museum and its adjacent wetlands wildlife sanctuary, situate upon a 3.21+- acre parcel, actually enhances the character of the neighborhood, and also the value of surrounding and nearby properties. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because-the overall topography of the parcel, which contains a small museum building and a scenic wetlands wildlife sanctuary, places severe limitations upon the location and direction suitable for what the applicant presents as a desired as well as necessary, expansion of this building. P~i~e 2 - June 7, 2001 Appl. No. 4953 - Ferguson.Museum 1000-9-4-11.1 at Fishers Island (3) The requested area vadance is substantial, but only in the respect of the front yard setback from Equestrian Avenue. This setback distance for the porch is proposed at 29 feet, and as.noted on the Building Department Notice of Disapproval dated April 11, 2001, as 41.5 +- feet from the road for the building addition, is actually slightly more of a. setback than the 38. ft. that was approved in former ZBA Appl. No. 4671 dated March 25, 1999. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood .or district, and the adjoining Hamlet Business zoned neighborhood contains commercial buildings that are set much closer to the street. (5) The difficulty has not been self-created and relates to the topography of the parcel. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition, and that the grant of. this vadance will preserve the character of the. neighborhoo(~ and the health~ safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Chairman Goehringer, it ~ · was . /, RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members G~ai~-~-e~ra Collins, J~hD P. GOEHRI~R, C~IRMA~ ' and APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4956 - ROBERT R. and KATHLEEN B. LAWRENCE PARCEL 1000-110-3- 20 and 21 STREET & LOCALITY: 465 and 605 Eastwood Drive, Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS: The subject property consists of two lots on Eastwood Drive in Cutchogue, identified as SCTM 1000-110-3-20 and 21. According to deeds filed with the appeal, the map of Eastwood Estates filed with the Suffolk County Clerk in November 1962 shows these two lots as Lots 11 and 12, respectively. Each lot measures 135 x 150 feet or 20,250 sq. ft. Lot 20 is improved with a single family dwelling which is applicants' home. Lot 21 is vacant. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated March 13, 2001, stating that the two lots, both of which are nonconforming, have merged pursuant to Code section 100-25A because they were held in common ownership after July 1, 1983. RELIEF REQUESTED: Applicants request a waiver of merger pursuant to Code section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants purchased Lot 20 in 1969, and soon thereafter built their home on it. They hold Lot 20 as tenants by the entirety. (2) In 2000, the owner of Lot 21 was trying to sell it, and in consultation with their son, applicants decided to buy Lot 21 with the hope that their son could in the future build a home on it. Applicants' purchase of Lot 21 in May 2000 was carried out without an attorney. Applicants took Lot 21 as tenants by the entirety, unaware of the provisions of Code section 100-25A. Under that law, Lots 20 and 21 merged because of the common ownership. (3) Waiver of the merger will recognize the original lot lines as mapped in 1962. Each of the two unmerged lots will be consistent with the size of other lots in the neighborhood, all of which were laid out in the 1962 subdivision. The neighborhood is generally developed with single family homes on lots similar in size to each of the two Page 2 - June 7, 2001 Appl. No. 4956 - R. and K. Lawrence 1000-110-3-20 and 21 (Cutchogue) lots in question. Applicants state that of the 32 lots bounded by Pequash Avenue and Midwood, Pinewood and Southern Cross Roads, only 10 are larger than Lots 20 and 21 if unmerged. (4) Waiver of the merger will allow for the ultimate construction of a single family residence on Lot'21, which will not result in a significant increase' in the density of the. neighborhood. (5) The topography of Lot 21 is such that construction on it should not significantly change the natural details and contOurs of the land. There is no evidence that construction would entail any substantial filling of land :having an adverse environmental effect. (6) If the merger is not waived, applicants will be left with an unbuildable, unwanted piece of land. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to grant the waiver of merger as applied for. VOTE OF THE BOARD: AYES: Member (Cha~i..0J~io-~T?tora, Collins, and Homing. This Resoluti~0~as duly a~pt~d (5-% ~JJ' ERARD P. GOEH'RINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman - James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4953-.HENRY L FERGUSON MUSEUM PARCEL 1000-9-4-11.1 STREET & LOCALITY: Comer of Equestrian Avenue, West St. and Bell Hill Ave, Fishers Island DATE OF PUBLIC HEARING: June 7 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above identified property is preexisting and contains a nonconforming use in this R-80 Residential Zone Distdct on Fishers Island, and consists of an aCe~ of 3.21+- acres with '186+- ft. frontage along Equestrian Avenue. This property adjoins properties in a quaintly developed Hamlet Business (HB) Zone District occupied by the commercial buildings of the village center. The parcel is improved with one museum building which is owned and occupied by the H. Lee Ferguson Museum, Inc., a not-for profit private foundation. The original one-story building was constructed in 1972, with an additional expansion in 1990. The remaining portion of the property is occupied by a rustic wetlands-wildlife sanctuary which is freely open for public access from any of the three public roads around the prope~. BASIS OF APPEAL: Building InspectoCs April 11, 2001 Notice of Disapproval for the reasons that (a) under Article III, Section 100-32, the proposed addition to the existing museum building is proposed with a front yard setback of 41.5 feet instead of the required 60 feet on this lot, and (b) under Article XXIV, section 100-243A. la for the reason that the proposed addition will increase the size of this nonconforming nonresidential building, resulting in an overall building footprint of more than 15 percent. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for proposed additions as shown on the March 6 2001 site plan prepared by Chandler, Palmer & King. The front yard setback for a porch at its closest point is proposed at 29 feet. All other areas of the proposed addition are proposed at 40 feet. REASONS FOR BOARD ACTION BELOW: (1) Granting of an area vanance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the presence of the Museum and its adjacent wetlands wildlife sanctuary, situate upon a 3.21+- acre parcel, actually enhances the character of the neighborhood, and also the value of surroUnding and nearby properties. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because-the overall topography of the parcel, which contains a small museum building and a scenic wetlands wildlife sanctuary, places severe limitations upon the location and direction suitable for what the applicant presents as a desired, as well as necessary, expansion of this building. P~i~le 2 - June 7, 2001 Appl. No. 4953 - Ferguson Museum 1000-9-4-11.1 at Fishers Island (3) The requested area variance is substantial, but only in the respect of the front yard setback from Equestrian Avenue. This setback distance for the porch is proposed at 29 feet, and as.noted on the Building Department Notice of Disapproval dated Apdl 11, 2001, as 41.5 +- feet from the road for the building addition, is actually slightly more of a setback than the 38 ft. that was approved in former ZBA Appl. No. 4671 dated March 25, 1999. (4) There is no evidence that the grant of the vadance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and the adjoining Hamlet Business zoned neighborhood contains commercial buildings that are set much closer to the street. (5) The difficulty has not been self-created and relates to the topography of the parcel. In considering this application, the Board deems this action to be the m~nimum necessary and adequate for the applicants to enjoy the benefit of an addition, and that the grant ofthis variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTiON: On motion by Member Homing, seconded by Chairman Goehringer, it ~ was ,~ RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARDi AYES: Members ~air~a Collins, and Homing. This Resolution was duly ad~r5-O).~/j ,.~~~ ~ ~'D.P. GOEHRI~'~"~, ~AIRMA,~?'' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF~uv~¢ '7~ 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4954- GENE WALKER PARCEL 1000-38-2-26 STREET & LOCALITY: 2530 Gillette Drive, East Madon DATE OF PUBLIC HEARING: June 7, 2001 FINDINGS OF FAOT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the west side of Gillette Ddve and is improved with a 1-1/2 story frame house. The lot is 10,500 sq. ft. in area with 105 ft. frontage along Gillette Drive and a depth of 100 feet. The existing lot coverage is conforming at 18.6% and the rear yard setback is conforming at 35 feet. BASIS OF APPEAL: Building Inspector's. Apdl 4, 2001 Notice of Disapproval regarding a request for a deck addition, for two reasons: (1) lot coverage of 27% and (2) rear yard setback at 10.2 feet. Article XXIV, Section 100-244B requires a maximum lot coverage of 20% and a rear yard at not less than 35 feet from the rear property line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a proposed open deck addition at the rear of the dwelling at 10.2 feet from the rear line and a lot coverage of 27%, as more particularly shown on the survey prepared by Anthony W. Lewandowski, ES. dated February 1,2001. REASONS FOR BOARD ACTION: 1. With the grant of alternative relief noted below, an undesirable change will not be produced in character of neighborhood or a detriment to nearby properties because the applicant is proposing to build a raised deck in the rear of his property, which is a common practice to many homeowners in the area. 2. The benefit sought by the applicant can be achieved by another method feasible for applicant to pursue, other than as app ed for, or other than an area vadance because the applicant could build a ground level patio which would not require a variance. 3. The requested area variance is substantial at 27%, which would create a nonconformance greater than 35% over the zoning code allowance. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. There is no evidence that the grant of a vadance with alternative relief Will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has been self-created. A-ppi. No. 4~ne Walker 1000-38-2.26 at East Marion In considering this application, the Board deems this action to deny the relief as requested, and to grant alternative relief, to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new deck at the rear of the dwelling, and that the grant of this alternative relief will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the vadance as applied for, and be it further RESOLVED, to GRANT the ALTERNATIVE RELIEF with the following conditions: 1. That the total lot coverage shall not exceed 24% of the total lot area. 2. That the rear yard setback shall not be closer than 12 feet to the rear property line. VMOeTrr~erOsFTToHrtoEraBaOnAdR~<~llinAsY, ETSh:is ~~/~~g. Nays: RD P. GOEHRINGER, C"RAIRM..~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ION FINDINGS, DELIBERATIONS AND DETERMINAT MEETING OF JUNE 7, 2001 Appl. No. 4906 - R. Vincent Lynch, Jr. and Rebecca H. Lynch 1000-6-2-9 and 15 STREET & LOCALITY: Crescent Avenue and Avenue B, Fishers Island DATE OF PUBLIC HEARING: February 27, 2001; Apdl 5, 2001; June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above referenced property contains 1.4 acres and is improved with an existing wood frame house with deck area. The property fronts on two streets, 179.92 along Avenue B to the south and 200 feet along Crescent Avenue to the north. BASIS OF APPEAL: Building InspectoCs February 12, 2001 Notice of Disapproval for the reasons that under Article III, Section 100-33, proposed swimming pool construction in an area other than a rear yard is not permitted, and under Article XXIV, Section 100-244B, proposed construction at the west side of the dwelling with a side yard setback of less than 20 feet is not permitted. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to: (a) locate a new swimming pool odented in an east-west yard direction, shown on the landscape Plan prepared by Cummin Associates dated December 30, 1999 and stamped by the ZBA Office May 3, 2001, and (b) to locate a dwelling addition at 12.8 feet (and 9.5 feet from the bottom of the stairs) at the west side yard, as shown on the survey map prepared by Chandler, Palmer & King revised February 12, 2001. REASONS FOR BOARD ACTION BELOW: (1) Granting of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the addition of an in-ground pool, and the deck addition referred to in the amended building department's Notice of Disapproval dated February 12, 2001, will not change or disturb the quiet residential, sound-side community in which the applicant's single-family dwelling is located. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because in the case of the location of a pool, the applicant is constrained by zoning of having two front yards, and also by further consideration for placement of applicant's septic system. The additional deck area requested, which requires a side yard setback variance, is requested by the applicant to achieve the overall architectural design layout of this large, and distinctive home overlooking Fishers island Sound. (3) The requested area vanance is not substantial, given that the property has two front yards, and given the fact that the deck addition and steps are still over 100 ft. from the existing dwelling of the next door neighbors' home. Appl. No. 4906 - V. and R. Lynch 1000-6-2-9 and 15 at Fishers Island (4) The proposed variance will not have an adverse effect or impact on the physical or environ mental conditions in the neighborhood or distdct because the applicant has been very considerate in the placement of pool equipment where it will not affect any neighbors, and in relation to the kind and quantity of landscape plants selected by the applicant to enhance the immediate environment. (5) The situation has been self -created. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition and swimming pool, and that the grant of this vadance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. All rainwater collection and containment systems included in applicant's building plans, such as gutters, downspouts, and drywells, will be completely installed and function to the satisfaction of the ZBA before a Certificate of Occupancy shall be granted. 2. All pool water collection and containment systems included in the applicant's building plans, such as maintenance and emergency drainage systems, will be completely installed and functional to the satisfaction of the ZBA before a certificate of occupancy shall be granted. 3. All soil retaining walls, and in particular all such walls included in the applicant's building plans, designed to be built to stabilize the soil and prevent erosion, will be completely installed and functional to the satisfaction of the ZBA before a certificate of occupancy shall be granted. 4. All landscape plant material listed in the applicant's building landscape plan prepared by Cummin Associates will be completely installed to the satisfaction of the ZBA before a certificate of occupancy shall be granted. VOTE OF THE BOARD: AYES: Members....Go-ehdn'ge-~(Cha/k. man-)~Din~.ni.~'o, Tortora, Collins, and Horning. This Resolution was dul~.. (....5-~____~_..¢