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HomeMy WebLinkAboutZBA-12/10/1998APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James 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 (516) 765-9064 Telephone (516) 765-1809 MINUTES DECEMBER 10, 1998 REGULAR MEETING 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, December 10, 1998 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (until 8:05 p.m.) Lora S. Collins, Member Linda Kowalski, Board Secretary 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded as follows: PUBLIC HEARINGS, as follow. Please also see written transcript of verbatim statements, prepared under separate cover, the original of which has been filed with the Town Clerk for permanent record-keeping. 6:30 p.m. Appl. No. 3426 - ALEX AND STEPHANIE VILLANI, Contract Vendees (Owner: GERALD DOROSKI). This is an application for a Variance under New York Town Law, Section 280-A to establish minimum specifications and improvements for safe, adequate access by emergency and other vehicles, over a private right-of-way located along the north side of County Road 48 (approximately 1800 feet east of Mill Road), Peconic, NY, extending north 1500+- feet, thence extending easterly 2924-- feet, to applicant's 10.9+- acre parcel identified on the County Tax Maps as 1000-68-4-10.1 (formerly6 and 10). The subject right-of-way area is located on Lots 1000-68-4-19, 1000-68-4-20, and 1000-69-1-001.3. Mr. ]on Wiggins submitted a letter from Mrs. Lola Gould, and remained for the hearing. Mr. Villani was present and agreed to a postponement. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Homing, and duly carried, the hearing was RECESSED for a continuation to be held JANUARY 21, 1999. All: Ayes (5-0). This Resolution was duly ADOPTED. 6:43 p.m. Appl. No. 4604 - ARTHUR TORELL. (Continued from 9/24/98). Variance under Article XXlV, Section 100-244b, based upon the Building Inspector's August 4, 1997 Notice of Disapproval regarding a building permit application to construct dwelling with an insufficient side yard setback for property identified as 365 Westwood Lane, Greenport, NY, Parcel 1000-33- 2-11, or in the alternative, approval of reduction in lot area for Parcel 1000-33-2-10, with a lot- Page 2 - Agenda December 10, ~99g Regular Meeting Southold Town Board of Appeals line change to widen Parcel 1000-33-2-:[1 by five feet, which alternative would eliminate the need for a side yard variance at 465 Westwood Lane, Greenport; 1000-33-2-:[:[. Mr. Toreil was spoke in behalf of his application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Collins, to close the 'hearing. Vote: All Members (S-O). 6:48 p.m. Appl. No. 4640 - KlM CAMPBELL. This is a request for a Variance under Article III, Section :L00-32, based upon the Building Inspector's August 27, :[998 Notice of Disapproval of building permit application dated .July 7, :[998, to construct addition to dwelling with an insufficient front yard. Property: :[000-4-4-:[6, East Harbor, Private right-of-way extending off East End Road, Fishers Island. Zone: R-120 Residential. Stephen L. Ham :[II, Esq. appeared and spoke in behalf of the application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation on .lanuary 2:[, :[999. Vote of the Board: All Members (5-0). 7:14 p.m. Appl. No. 4639 -.]OHN AND GA:[L MEYER. This is a request for a Variance under Article I:[:[-A, Section :[00-30A.4, based upon the Building inspector's October 30, :[998 Notice of Disapproval regarding a building permit application for "as built" accessory storage shed as located in the front yard, at 2645 Reeve Road, Mattituck; :L000-:[00-:L-44. Mr. Meyer appeared and spoke briefly in behalf of his application. RESOLUTION: After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carried, to CLOSE the hearing. Vote of the Board: All Members (5-0). 7:17 p.m. Appl. No. 463:[ - LYDIA LAYDA. This is a request for Lot Waivers under Article II, Section 100-26 for Lots referred to as 1000-103-14-10 (vacant) and (dwelling); 460 and 600 Eastwood Drive, Cutchogue. A Lot Waiver is also requested for 103-14-1.2, which adjoins 1000-103-14-11 (also the subject of ZBA Action #1810 rendered 3uly :[9, 1973). The Building :[nspector's September 2, :L998 Notice of Disapproval states that the lots are merged pursuant to Article II, Section 100-25A. Gary Flanner Olsen, Esq. appeared and spoke in behalf of the application. Mr. Roy (skip) Schonehaar also appeared and spoke in favor of the application. RESOLUTION: After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to CLOSE the hearing. Vote of the Board: All (5-0). 7:39 p.m. Appl. No. 4638 .JUDITH FALBO, Owner, requesting approval of a proposed Bed and Breakfast in accordance with Article II:[, Section 100-31B(14) of the Zoning Code, for the renting of not more than three rooms for lodging, and serving of breakfast to not more than six casual and transient roomers, subordinate and incidental to the principal single-family dwelling use of the owner as resident, of premises known as 2320 New Suffolk Ave., Mattituck; 1000-115- 9-1. Mrs..ludy Falbo appeared and spoke in behalf of her application. RESOLUTION: After Page 3 - Agenda December 10, I999 Regular Meeting Southold Town Board of Appeals receiving testimony, motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to CLOSE the hearing. Vote of the Board: Ayes: All (5-0). 7:43 p.m. Appl. No. 4581 -.1OSEPH LEBKUECHER. Variance is requested, based upon the Building Inspector's March 4, 1998 Notice of Disapproval, to allow placement of fences which exceed the height limitations of Zoning Code Article XXIII, Section 100-31A. Location of Property: 935 Franklinville Road, Laurel, NY; Parcel 1000-125-2-2.2. (Note: This application was amended by applicant eliminating the variance request for a retaining wall structure which would have eXCeeded height limitations of Section 100-31A.) Mr. Lebkuecher appeared and spoke in behalf of his application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to CLOSE the headng. Vote of the Board: Ayes: All. This Resolution. was duly adopted (5-0). 7:49 p.m. Appl. No. 4633 - WILLIAM AND ROSE MAURY. This is a request for a Variance under Article IIIA, Section 100-30A.3 and Article XXlV, Section 100-244B, based upon the Building Inspector's September 18, 1998 Notice of Disapproval, for a Building Permit to construct additions and accessory shed, all of which will exceed the allowable lot coverage of 20%, and addition which will reduce the required total side yard setbacks from 25 feet to approximately 20.9 feet at 3145 Minnehaha Blvd., Southold; Parcel 1000-87-3-35. Mr. and Mrs. Maury appeared and spoke in behalf of their application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning returned to Fishers Island and was absent during this Resolution.) (Member Horning left the meeting room at 8:05 p.m.) 8:19 p.m. Appl. No. 4642 - SCHEMBRI HOMES. This is a request for a Variance based upon the Building Inspector's November 13, 1998 Notice of Disapproval, Article XXtV, Section 100-244B for "as built" construction with an insufficient front yard setback (ref. Building Permit #25090Z for a new dwelling issued 8/7/98). 645 August Lane, Greenport, NY; Parcel ID 1000-53-4-44.017. Anthony Schembd appeared in behalf of the application. Mrs. Gonzales, contract vendee with Schembri Hoomes, also appeared and spoke briefly. RESOLUTION: After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Dinizio, and duly carded, to CLOSE the hearing. Vote of the Board: Ayes: All (4-0). (Member Horning of Fishers Island was absent during this hearing.) 8:30 p.m. Appl. No. 4624SE AND 4625 - LAUREL LINKS (Continuation from 10/15/98). Special Exception for Golf Course and Related ActiviUes, and Variance for ground sign. S/s Main Road, Laurel; 1000-126-7-1, 125-3-13, 15 and 17; 125-4-21 and 24.1; 126-7-1. Charles R. Cuddy, Attorney for the applicant, appeared and spoke in behalf of the application. Also appearing in support of the application were: Howard Young, (surveyor), Kelly Moran (golf course architect), Dr. Abrams, Page 4 - Agenda December 10, 1999 Regular Meeting Southold Town Board of Appeals (enviromental consultant), Mr. Fischel, Mr. Hansen, Mr. David Saland (part owner), Mr. Frank Carlin (neighbor). RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Dinizio, to CLOSE the headng. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent during this hearing.) 8:55 - 9:05 .m. A short break was taken. 9:05 p.m. RESOLUTION TO RECONVENE: Motion was offered seconded by Member Tortora, and duly carried, to reconvene at this time. adopted (4-0). (Member Homing was absent at this time.) by Chairman Goehringer, This resolution was duly PUBLIC HEARINGS, continued: 9:05 p.m. Appl. No. 4635 - DR. CYNTHIA H. ICKES and COLLE-n-E CLAYTON. This is a request for a Variance under Article IIIA, Section 100-30A.3 based upon the Building Inspector's August 28, 1998 Notice of Disapproval for a Building Permit, to place an accessory storage shed in an area other than the rear yard at 160 West Street and 531 Madison Avenue, Greenport; 1000-42- 1-3.3. Dr. Ickes appeared and spoke in behalf of her application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent during this Resolution.) 9:09 p.m. Appl. No. 4637 - .1AMES AND LAUI~E CARNEY. Variance is requested under Article III, Section 100-33, based upon the Building Inspector's September 17, 1998 Notice of Disapproval of a building permit application, to construct accessory garage in an area other than the rear yard, at Heathulie Avenue, Fishers Island; Parcel 1000-9-6-2. Mary Lou Folts, Esq. appeared in behalf of the applicants. RESOLUTTON: Alter receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0) (Member Homing of Fishers Island was absent.) 9:18 p.m. Appl. No. 4593 - ZARKO SLAVOTIC. (Continued from 10/15/98). Variance under Article XXIV, Section 100-244B (ref. 100-232A/corner lots) as to insufficient rear yard for proposed dwelling at 12355 New Suffolk Avenue, Cutchogue; 1000-116-2-5. Mr. Slavotic appeared and spoke in behalf of his application. Speaking in opposition were Mr. and Mrs. Dunewood Truglia. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Tortora, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 9:29 p.m. Appl. No. 4641 - MARY LOU WICKHAM, Owner, requesting approval of a proposed Bed and Breakfast in accordance with Article :[TI, Section 100-31B(14) of the Zoning Page 5 - Agenda Dece. mber 10, 1999 Regular Meeting Southold Town Board of Appeals Code, for the renting of not more than three rooms for lodging, and serving of breakfast to not more than six casual and transient roomers, subordinate and incidental to the principal single- family dwelling use of the owner as resident of 1535 New Suffolk Rd., Cutchogue; 1000-109-7- 10.3. Mrs. Mary Lou Wickham spoke in support of her application. Also speaking in support was neighbor, Tim Kelly. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) 9:34 p.m. End of Public Hearings. RESOLUTION to reopen the Application of Barry Charles. After reviewing and discussing a recent letter from Mr. Barry Charles and his clarification of statements made at the November 19, 1999, motion was offered by Chairman Goehringer, seconded by Member Collins, to REOPEN the hearing on Appl. No. 4627 with a headng date of JANUARY 21, 1999. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was adopted by 'unanimous vote (4-0) of the members present. (Member Horning was absent.) OTHER DELIBERATIONS/DECISIONS. The Board deliberated on the following nine (9) applications. The originals were filed with the Town Clerk's Office, and copies are attachedto this set of Minutes as though fully set forth herein in its entirety: Building Inspector (Board Interpretation) Carney Torrell Meyer Lajda Falbo (B & B) Lebkuecker Laurel Unks (Sign Variance) Laurel Links (Golf Course Sp. Exc.)' Ickes Slatovic Wickham (B & B). Page 6 - Agenda December :LO, :L999 Regular IVleeting Southold, Town Board of Appeals RESOLUTION to close written record Re: Appl. No. 4605. Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the remaining (written) record regarding the aPplication of Lieb Cellars/Palmer Vineyards. (Verbatim was concluded on 11/19/98). PENDING SEQRA AND REVIEW: Appl. No. 4582 - Yuzbasioglu/Schroeder at East Marion. The Chairman asked that Board Members review the updates regarding this application before proceeding. This file will be discussed at the next meeting for updates. REVIEW OF PLANNING BOARD REQUEST: Board Members requested that the ZBA Form used for Generic Interpretation applications be forwarded to the Planning Board Chairman (who appears to be requesting an Interpretation) regarding the Costas Restaurant Project, Main Road, Southold. It was noted that the specific question should also be written in applicant's request in order that notice provisions may be followed. No action was taken at this time until the application is deemed complete. AGENDA ITEM ITI-A. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to CONFIRM the following public hearings to be held January 21, 1999, pending inspections and Member reviews: Appl. No. 4616.1t - C. MAGGIO. Deck add/Bailie Beach Road, Appl. No. 4643.1c - .1. & L. Mesloh. Frontyard setback, 2"d story deck.add/Arrowhead Lane, Peconic. Appl. No. 4644.jd - Marie Trupia. Over-sized entry/side yard setback 1395 Sleepy Hollow Lane, Southold. Appl. No. 4645.1t- Diane Trentacoste. Add/alt. combined sideyards. 180 Strohson Road, Cutchogue. Appl. No. 4646.1c - Diane Pessinis. Shed in frontyard. 520 Oak Dr, Southold. Appl. No. 4647.jd - Thomas Brennan. Rear Yard/Add. 235 Carole Road, Southold. Appl. No. 4649.1c - Planning Board. Await specific question for Town-Wide Interpretation before advertising (presently request is unclear/incomplete). Appl. No. 4650.jd - (if filed in complete form by 12/16). De~ember 10~ 1999 Regular Meeting Town Board of Appeals . VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly adopted (4-0): (Member Homing was absent.) RESOLUTION to Affirm appointment of Chairperson for :[999. Motion was offered by Member Tortora, seconded by Member Dinizio, and duly carried, to request and affirm full support for reappointment of Gerard P. Goehringer as Chairman for the Year :[999. vOTE OF THE BOARD: AYES: Dinizio, Tortora, Collins, Goehringer. This Resolution was duly adopted (Member Homing indicated full support of Mr. Goehringer earlier and was absent during this Resolution.) RESOLUTION to Affirm appointment of George Homing as ZBA Member for his first 5-year term. Notion was offered by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to request and affirm full support for appointment of Member Homing for his first five-year term. VOTE OF THE BOARD: AYES: All. This Resolution was duly adopted (4-0). (Member HOming of Fishers Island was absent during this Resolution.) REMINDER for next meeting: Board Members indicated they would read the Minutes submitted for a Resolution at the next meeting. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at :[:[:20 p.m. erard P. Goehringe~, Chairman R~espectfully submitted, · · ' / / RECEZV _:D A TD FZLED 'B ~own Ctezk, ~ ~ c~ o .... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold "[bwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (51,5) 765-9064 Telephone (516) 765-1809 TOWN-WIDE ZONING CODE INTERPRETATION REGULAR MEETING OF DECEMBER 10, 1998 Appl. No. 4617 - BUILDING DEPARTMENT by John Boufisw Building Inspector LOCATION OF PROPERTY: Town-Wide, Town of Southold DATE OF PUBLIC HEARING: November 19, 1998 SECTION OF CODE INTERPRETED: :I. O0-3:L-A Re: Building Design and Uses WHEREAS, Application No. 4617 is a written request for an INTERPRETATION of the Zoning Code, Article III, Section 100-31-A "Permitted Uses" to determine whether or not "Section 100-3 iA of the Zoning Code can be used as the basis to disapprove a buildin,g permit application based on the design or arrangement of a proposed building"; and WHEREAS, after due notice a public hearing was held by the Board of Appeals on November 19, 1998 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York to consider the Building Inspector's question; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded, and WHEREAS, all testimony has been carefully considered; and WHEREAS, Section 100-31-A "Permitted Uses" of the Zoning Code reads as follows: ...§ 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other-odor- or dust-producing substance or use, except spraying P~ige 2 - December :[0, :[998 Appl. No. 4617 - Building Department ZBA Tnterpretation (Building Design) and dusting to protect vegetation, within 150 feet of any lot line... C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter .... Section 100-13 of the Zoning Code provides the following definitions relevant to this application: A. Word usage ... the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended~ arranged., or designed to be occupied or used." USE - The purpose for which land or a structure is arranged, designed or intended or for which either land or a structure is or may be used, occupied or maintained. PRINCIPAL USE - The main or primary purpose for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. ACCESSORY USE - A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. Also, Section 100-281 of the Zoning Code provides the following: No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations Section 100-281-G. The Building Inspector shall within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. (Underline denotes emphasis added.) Page ~3 - December 10, 1998 Ap. pL, No. 4617 - Building Department ZBA Interpretation (Building Design) On motion offered by Member Tortora, seconded by Chairman Goehringer, ~T IS RESOLVED, that the question of the Southold Town Building Department is hereby ANSWERED as follows: The Building Inspector may issue (or deny) a building permit application when the proposed construction or use is (or is not) in conformance with Section 100-31A, which states that "...no building or. premises shall be used and no building or part of a buildinq shall be erected or altered which is arranged,; intended or designed to be used, in whole or in part, for..any uses except the uses permitted by this chapter .... " VOTE OF THE BOARD: AYES: Members This Resolution was duly adopted (~-0). 100-31-A Goehringer, Dinizio, Tortora, /.....--"GERARD P. GOEHRINGER, CHAIRMAN Adopted I2/10/98 For Fling 12/11/98 and Collins. 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 REGULAR MEETING OF DECEMBER 10, 1998 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. 4637 - JAMES & LAURIE CARNEY PARCEL :1.000-9-6-2 STREET & LOCALITY: Heathulie Avenue, 'Fishers Island. DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRZPTION: The property consists of 1.09+- acres with 216.24 ft. along the westerly side of Heathulie Avenue at Fishers Island. The October 8, 1998 survey, prepared by Chandler, Palmer & King, shows an existing residence, which is set back approximately 32 feet from the front property line, measured from the front porch. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request rnade by applicant is to locate a proposed 22 ft. by 26 ft. wide accessory garage in the side yard at 15 feet from the southerly property line. The 22 ft. height must meet the 18 ft. mean- height limitation of the zoning code. The setbacks are proposed at 40 feet from the front (easterly) property line and 15 feet from the side (southerly) property line. REASONS FOR BOARD ACTZON: On the basis of testimony and the record presented, and personal inspection, the Board makes the following findings: 1) The subject property, which measures just over an acre, slopes down quite sharlply from the street - from an elevation of about 65 feet at the front properb/line to 40 feet or less at the rear southwest corner. The existing drive and parking area are located on relatively fiat land close to the street. The tOl:~graphy makes it impractical to ~ocate the garage in the rear yard, as that would put it sharply downhill from the street and the house. Applicants require a variance if they are to build in a practical location. 2) Applicants propose to place the garage close to the existing driveway and parking area. The setback from the southerly property line is greater than 10 feet (Sec. 100-33B) for an accessory building on this parcel. The 40-ft. setback from the street (front line) is ,ess than the front yard setback required for a principal building on this parcel, but it is the same as the setback of the house (exclusive of the porch). 3) Grant of the requested variance will not prodUce an undesirable change in the character of the neighborhood or detriment to nearby properties because the garage will be architecturally consistent with the house, will be set back from the front line the same distance as the house at 40 feet, and will be of modest size relative to the property frontage of approximately 216 feet. 4) There are no factors present to suggest that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a garage in a practical location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, subject to the CONDITIONS thaT the building shall not exceed :18 feet in height measured at the point half way between the lower edge of the roof and the peak. VOTE OF COLLINS. duly adopted (4-0). THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and (Member Hornifig of F.I. was absent during this action.) This Resolution was December 16, 1998 Approved for 12/17/98 Filing ZBactions\9-6-2.doc APPEl' ~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF DECEMBER 10, 1998 Appl. No. 4638 - JUDITH FALBO PARCEL 1000-115-9-1 STREET & LOCALITY: 2320 New Suffolk Avenue, Mattituck DATE OF PUBLIC HEARING: December 10, 1998 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the. Southold Town Zoning Code (amended 2-7-9). Applicant-owner is requesting an Accessory Bed and Breakfast, in her residence, with up to three bedrooms for lodging and serving of breakfast to not more than six (6) casual, transient roomers. PROPERTY DESCRIPTION: This property is 40,000+- sq. ft. in size and is situated along the southerly side of New Suffolk Avenue, Mattituck, with 222.65 ft. lot width (frontage). The property is improved with a single-family dwelling, detached two-car garage and a small shed, as shown on the survey prepared June 13, 1997 by Joseph A. Ingegno. REASONS FOR BOARD ACI-ION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and availlable open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 5) This zoning use is authorized by the Zoning Code subject to a Special Exception review and approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector. - ~ ~?age 2- Appl. No. 4638 .P,e:~ 1000-1:15-9-1 (Falbo) Decision Rendered December 10, 1998 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACE[ON/RESOLU'I1ON: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUB3ECT TO THE FOLLOWTNG CONDiTiONS: 1) Three parking spaces, for this bed and breakfast use, shall be on-site (on applicant's property). 2) There shall be no backing out of vehicles onto New Suffolk Avenue. 3) Applicant-Owner shall obtain a Certificate from the Building Department for occupancy as a new Accessory Bed and Breakfast in an existing dwelling, as her residence. 4) A 2 ft. by 2 ft. sign stating that there shall be "no backing onto the road" and located at the foot of the driveway. VOTE OF THE BOARD: Ayes: Members Gerard P. Goehringer (Chairman), ]ames Dinizio, Ir., Lydia A. Tortora, and Lora Collins. This Resolution was duly adopted_(4-0)~ (Member Horning of Fishers Island was absent during this~i~sio~ /~~// ~RARD P. ~;~OEHRINGER, JCHAIRIV~ ~ Approved for Filing 12/15/98 " 1000-115-9-1 ~PPE~.LS BOARD MEMBERS Gerard P. Goehringer, Chairman James 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 10, 1998 Appl** No. 4631 - LYDIA LAJDA PARCEL 1000-103-4-11; 103-4-10; 103-4-1.1. STREET & LOCALITY: 460 and 600 Eastwood Drive, Cutchogue, NY DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject properties are shown on the Hap of Eastwood Estates, Section 2 as Lot 21 (1000-103-14-10) and Lot 22 (1000-103-14-11). Each parcel fronts along the easterly side of Eastwood Drive and each contains 20,250 sq. ft. in lot area. County Tax Map Lot 1000-103-14-1.2 abuts 1000-103-14-11 along the easterly property line and was the subject of ZBA Approval under Appl. No. 1810, rendered July 19, 1973 as a "building lot." BASIS OF APPLICATION: Building Inspector's September 2, 1998 Notice of Disapproval which states that County Tax Map Numbered Lots 103-1+10 and 11, both being nonconforming lots of 15,000 sq. ft. in an R-40 Zone, have been held in common ownership since July 1, 1983, and have merged under Section 100-25A. RELIEF REI~,UESTED: Applicant requests the following Lot Waivers under Section 100- 26 for County Tax Map Parcels: (al 1000-103-14-11. (b) 1000-103-14-10. (c) 1000-103~14-1.1 (which was later withdrawn as noted below). INFORMATION AND CONSIDERATIONS BY THE BOARD: 1. Merger of Lots #10 and #11 occurred in 1985 upon the death of Ronald Lajda at which time his entire estate passed to his widow, Lydia Lajda. Prior to 1985 the improved House Lot #11 was held by Ronald and Lydia Lajda since it was purchased in 1968, and the adjoining vacant lot #10 was held by Ronald Lajda since it was purchased Page 2 - D~cember 10, 1998 MeeUng Appl. No. q631:1000-103-1q-10 & 11 (Lajda) in 1979. 2. Lot 1.2 was created by Variance Approval 3uly 19, 1973 in Board of Appeals #1810. Lydia Lajda purchased Lot #1.2 on July 27, 1973. ]:n 1977 the Lajdas obtained building permit #8624Z to construct a "private accessory storage building' on the lot and were issued a Certificate of Occupancy #Z-7735. 3. Lot #1.2 is a recognized lot pursuant to Section 100-24 because it was approved by formal action of the Board of Appeals prior to .lune 30, 1983/' (100-24.4). Lot #1.2 is excepted from the Merger provisions of Section 100-25 because "The nonconforming lot obtained a lot size variance from the Zoning Board" (100-25C-2). 4. Although the applicant has applied for a Waiver for Lot #1.2, the Building Inspector's Notice of Disapproval states: "Lot #2 is not buildable because of a condition put on a variance granted by the ZBA Appeal No. 1810 dated 6/26/73." Since the Board's jurisdiction is appellate, the Board would be without authority to act on this request under this waiver application. 5. At the December 10, 1998 hearing, the Applicant's Attorney withdrew the request for Waiver of Merger CFM Lot 1.2 (Lot 1.2 . is not merged under Article IT). REASONS FOR BOARD ACTTON: Most of the Eastwood Estates Subdivision is developed with single-family residences on lots similar in size to Lots #10 and #11 that would be recognized by waiver of merger. The two lots were created by subdivision. The Lajdas purchased the lots in single and separate ownership and held them as such until Ronald Lajda's death on 1985, when merger occurred automatically as Mr. Lajda's Estate passed to his wife, Lydia Lajda. 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No environmental conditions on the lot or nearby area have been identified that would be negatively impacted by grant of this waiver. RESOLUTION/ACTION: Accordingly, motion was made by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT Waiver of Merger for Lots #10 and #11 in accordance with the application. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Homing of F.I. was absent during this action.) This Resolution was duly adopted (4-0). ~~ ..... APPEALS BOARD MEMBERS Gerard P. 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 REGULAR MEETING OF DECEMBER 10, 1998 Appl, No, 4624 - LAUREL LINKS PARCEL NOS. 1000--126-7-1~ 1000-125-3-13, 15, 17; 1000-125-4-21, 24.1 STREET tA LOCALITY: Main Road (S.R. 25), Laurel DATE OF PUBLIC HEARING: October 15, 1998 and December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lands comprise an area of 222.85 acres with frontage and access from the southerly side of Main Road (a/k/a NYS Route 25), Laurel. The entire property is zoned "AC" Agricultural-Conservation. BASIS OF APPLICATION: Southold Town Zoning Code Article III, Section 100-31B-7 for golf course, golf club-house and related golf facilities and amenities, including but not limited to tennis courts and a swimming pool on a site of approximately 160.29 acres. The remaining acreage (62 acres, more or less) is pending subdivision approval at this time with the Town Planning Board. Article III, Section 100-31B(7) and Section 100-33C read as follows: Section 100-3 lB(7): "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (al No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any tot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-13 (Definition): Page'2 - December 10, 1998 ZBA Appl. No. 4624 - Laurel Links Special Exception Determination MEMBERSHIP CLUB, COUNTRY or GOLF. An entity established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. Section 100-31C, Article III: "... Accessory uses, limited to the following uses and subject to the conditions listed at 100-33 herein: ...(1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter .... " FINDINGS OF FACT: The following Findings of Fact have been made based upon information and testimony offered to the Board: Applicant is proposing a 6100 sq. ft. Golf Club-House (principal building). The setbacks of all new buildings meet the required setbacks and locations of the Zoning Code, as shown on the amended Plan dated December 3, 1998, prepared by Young &. Young, L.S. The Golf Club-House and related buildings will be in conformance with all New York State Fire Prevention and Building Codes and rules as to handicap, fire and safety issues. The use as a golf course and related facilities is reasonable in relation to the District in which it is located, the adjacent use district, and nearby and adjacent residential uses. The Special Exception use will be in harmony with the intent and purpose of the Zoning Code. This zoning use is authorized by the Southold Town Zoning Code subject to Special Exception review and approval by the Board of Appeals. This use will conform to the standards prescribed in the ordinance and in fact is a less intensive use for the property when compared to other allowable uses such as subdMding the entire parcel. This project is pending reviews with the Town Planning Board (and other appliicable agencies) under the site plan regulations as to parking, landscaping buffers, drainage, curb cuts, etc. All parking is on this site (not along any side streets or other off-site areas). This Board has considered the General Standards set forth under Section 100-263 and finds that: Page'3 ~ December 10, 1998 ZB,~ Appl. No. 4624 - Laurel Links Special Exception Determination A) Grant of this application will not affect the safety, health, comfort, convenience, or order of the Town. B) The use will not prevent the orderly and reasonable use of properties in adjacent R-80, R-40, "A-C" Residential and "B-Business" Zone Districts. C) The use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; D) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; E) The proposed use is in harmony with and will promote the general purposes and intent of the code; F) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. G) The structures, equipment and material will be accessible for emercjency protection. The Board has also reviewed and considered those matters listed at Section 100-264A through P of the Zoning Code, and finds that no adverse conditions will result from the grant of this Special Exception. OTHER REVIEWS: A separate Special Exception application (for future changes) will not be necessary for accessory buildings or accessory uses. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT Application No. 4624 for a Special Exception, as applied for, and subject to the following CONDITIONS: 1) The Board of Appeals reserves the right to reopen the public hearing on this Application in the event that Lead Agency issues a Positive Declaration under SEQRA. 2) A steel gate shall be located across the proposed emergency access and shall not extend :LO0 ft. past the proposed Superintendent's driveway area. Pag~ 4 - December :LO, :L998 ZBA Appl. No. 4624 - Laurel Links Special Exception DeterminaUon 3) No construction or work vehicles shall use the proposed emergency access, and the emergency access shall only be used for fire and other emergency purposes (not for general public or private use). Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of F.I. was absent at the time of this Resolution.) ~RD P. GOEHRINGER, CHAiRMA~"2//d98 For Filing on 12/ /98 ~APPEALS BOARD MEMBERS Gerard P. 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 REGULAR MEETING OF DECEMBER 10, 1998 Appl. NO. 4625- LAUREL LINKS PARCEL NOS. 1000--126-7-1; 1000"125-3'13~ 15~ 17~ 1000'125-4-21~ 24.1 STREET & LOCALITY: Main Road (a/k/a NYS Route 25), Laurel DATE OF PUBLIC HEARING: October 15, 1998 and December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject land comprises a total area of 222.85 acres, with frontage and access from the southerly side of Hain Road (a/Iqa NYS Route 25), Laurel. The property is zoned "AC" Agricultural-Conservation. BASIS OF APPLICATION: Notice of Disapproval issued by the Building Inspector dated July 30, 1998 denying an application to erect a free-standing 'sign because such signs are permitted in the A-C Zone only with Board of Appeals authorization pursuant to Section 100-205.1. RELIEF REOUESTED BY APPLICANT: Applicant requests authorization to erect a 4 ft. x 6 ft. freestanding sign announcing the proposed Laurel Links Golf Course and homes. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of the record, the testimony presented and personal inspection, the Board makes the following findings: (1) The subject sign is 4 ft. x 6 ft. in size, mounted on two posts and having a total height above ground oof eight (8) feet. It has a dark green background and ivory lettering. (2) The sign's specifications are consistent with the provisions of Code Section 100.-205D governing free-standing signs allowed and with the general design principles set forth in Section 100-202. RESOLUTION/ACTION: 'On motion by Member Collins, seconded by IVlember Dinizio, it was P~ge 2 - December 10, 1998 ZBA Appl. No. 4625 - Laurel Links Freestanding Ground Sign RESOLVED, to GRANT the sign authorization as applied for, in its present location, subject to the following CONDITIONS: 1) The sign shall be set back at least 15 feet from the highway pavement or five feet from the sidewalk, whichever is greater. 2) If illuminated, the sign shall comply with Section 100-206. VOTE OF THE BOARD: AYES: GERARD P. GOEHRINGER (Chairman), JAMES DINIZIO, JR., LYDIA A. TORTORA, AND LORA S. COLLINS. This Resol~ was duly adopted (4-0). (Member Horning of F.I. was absent at th_.emame~his,~e~~// ///G~ERARD P. GOEHRINGE(~, CHAI~AN / FOR FILING ON 12/16/98 / ,APPEALS BOARD 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 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 10, 1998 Appl. No. 4581 -JOSEPH LEBKUECHER PROPERTY: 935 Franklinville Road, Laurel; 1000-125-2-2.2 DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the northerly side of Franklinville Road, Laurel, and contains a total area of approximately 33 acres, as more particularly shown on the May 28, 1997 survey prepared by Kenneth F. Abruzzo, L.S. Also shown on the 1997 survey map are: (a) building labeled "one-story frame house" which is unhabitable in its present condition and unoccupied, (b) two-story frame house at 64.5 feet from the front property line, (c) accessory frame barn, (d) fences. A wholesale nursery exists at the property, which is zoned A-C Agricultural Conservation. BASIS OF APPEAL: Building Inspector's March 4, 1998 Notices of Disapproval regarding applications for permit to construct a retaining wall 20' in height and fence 6' in height. The Notices of Disapproval state that such structures located in the front yard in the A-C District are not permitted to be higher than 4' in height. Pursuant to Article XXIII, 100-231A. Note: The retaining wall variance was withdrawn by applicant's letter dated September 10, 1998. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of 6 ft. high fences within the front yard area close to Franklinville Road. The most recent sketch dated 7/98 prepared by Plantings by the Sea, Inc. shows the fence distances as follows: 108.11 ft. in an east-west direction, 129.11 ft. in a north-south direction along business land of Cliff's Elbow Room Restaurant, and 350 ft. in an east-west direction along the rear parcels (business properties). At this point of the property extending along the most westerly side property line, a fence height variance is not necessary. l~age 2 - December 10, 1998 ZBA Appl/ 4581:1000-125-2-2.2 3. Lebkuecker- Fence Height REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to .nearby properties because the fences are close to, and in part actually abut, the rear line of business properties. (2) The benefit sought by the al feasible for applicant to pursue, otP (3) The requested area variance areas of abutting properties (which )plicant cannot be achieved by some method, er than a variance. is not substantial in considering the rear yard are allowed six ft. high fences). (4) There are no factors present to suggest that the grant of the fence height variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created and is related to the layout of the subject property and surrounding properties. Tn considering this application, the Board deems this action to be the minimum necessary and adequate to enable applicant to enjoy the benefit of security of a six ft. high fence within front yard areas, while at the same time preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESO LUTIO N/ACT~O N: Tortora, it was On motion by Member Dinizio, seconded by Member RESOLVED, to GRANT the relief, as requested, with the CONDITION that the shrubs proposed for the front yard areas shall be continuously maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. This Resolution was duly adopted (4:~). (Mem~er-Jqo[ning of Fishers Island was absent during this determinate// // ~/~ / 1000-125-2-2.2 ,APPEALS BOARD 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 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGSf DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 1Of 1998 Appl. No. 4635 - C. ICKES and C. CLAYTON PARCEL 1000-42-1-3.3 STREk-F & LOCALITY: Corner of Madison Avenues and West Street, Greenport DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is approximately .0136 an acre in size, improved with a single-family dwelling and accessory building, as shown on the September 27, 1982 survey prepared by Roderick VanTuyl, L.S. The lot fronts along three streets and is centrally divided by the village/town boundary line and is shown as Lot 99 on the Map of Tom Price Estate filed as Suffolk County Map No. 851. BASIS OF APPLICATION: Building Inspector's August 28, 1998 Notice of Disapproval which states that under Section 100-30A.4, accessory structures or buildings in an R-40 Zone shall be located in the rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a front yard location of an accessory storage (utility) shed at three feet from the westerly front property line along Madison Avenue and 15 feet from the southerly front property line along West Street. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony and record presented, and personal inspection, the Board makes the following findings: 1) The lot is small. The house was built (over 100 years ago) close to Madison Avenue on the north and close to the easterly property line. The street configuration results in there being two front yards on the north, west and south sides (ref. Section 100- 232A). Because there is no room to build anything to the east of the house, there is no place where the Shed could be built without the grant of a variance. 2) The shed location is in an area behind the house that is functionally the rear yard. The location would be appropriate and the setbacks permissible but for the fact that the location is technically a front yard. 3) Madison Avenue to the west of the lot, and West Street to the south, are very lightly traveled and end at the school fields a short distance to the west. Page 2 - December 10, 1998 ZBA Appl. 4639 - John and Gall Meyer 2) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the property is large and surrounded by dense brush/trees/shrubbery, and the shed measures only 10 x 12 ft. Consequently, the shed is virtually invisible from the roads and nearby properties. 3) Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a storage shed in a convenient location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. This Resolution was duly adopted (4-0). (Member Homing of F.I. was absent during this resolution.) // G E RA.R~._GOE.H_ _RIN GEI~CH AIRM~ ~" For Filing 12/18/98 APPEALS BOARD 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 'fork 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS~ DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 10, 1998 Appl. NO. 4639- JOHN AND GAIL MEYER PARCEL 1000-100-1-44 STREET & LOCALITY: 2645 Reeve Road, Mattituck DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's lot is 2.263 acres, identified as Lot 6 on the Hap of Oregon Heights at Mattituck filed May 27, 1988 with the Suffolk County Clerk. This lot is improved with a single-family, two-story frame dwelling, accessory in- ground swimming pool and "as-built" accessory storage shed, as shown on the Hay 27, 1988 survey prepared by Stanley .l. Isaksen, Jr. BASIS OF APPLICATION: Building Inspector's , 1998 Notice of Disapproval which states that under Section 100-30A.4 (100-33), accessory shed "as built" must be located in a rear yard area in this A-C Zone District. AREA VARIANCE RELIEF REQUESTED: Applicant requests approval of the location of an "as-built" accessory storage shed in a front yard area. The shed is 10 ft. by 12 ft. in size and approximately 12 ft. high. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1) Location of the property on two streets (corner lot) results in it having two front yards under Section 100-232-A. The house faces the road to the east (Reeve Awmue). Applicant would need a variance to build a shed in any location north of the house because that side of the property faces Bailie Beach Road. A large swimming pool and patio are located in the prime rear yard area behind the house to the west. Consequently, the shed could be built as of right only in the area south of the pool or in the small area north of the pool and south of the house line. Pacje 2 - December 10, 1998 ZBA Appl. 4639 - John and Gall Meyer Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the property is large and surrounded by dense brush/trees/shrubbery, and the shed measures only 10 x 12 ft. Consequently, the shed is virtually invisible from the roads and nearby properties. 3) Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a storage shed in a convenient location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Tn considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. This Resolution was duly adopted (4-0). (Member Homing of F.I. was absent during this resolution.) NGEt~'CHAIRM~ ,~" For Filing ~2/18/98 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold ~Ibwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (51,6) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS FINDINGS, D EL~~~~O~ERMI NATION REGULAR MEET/NG OF DECEMBER 10, 1998 Appl. No. 4593 -ZARKO SVATOVIC PARCEL 1000- 116-2-5 STREET & LOCALITY: 12355 New Suffolk Avenue, CutchOgue DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is 15,000 sq. ft. in area and is a corner lot with frontage along New Suffolk Avenue and Short Road, Cutchogue. The premises is vacant land in an R-40 Low-Density Residential Zone District. BASIS OF APPLICATION: Building Inspector's June 24, 1998 Notice of Disapproval which states that under Section 100-244B, for nonconforming lots, the rear yard setback must have a minimum of 35 feet. Under Article XXlII, Section 100-232A, a corner lot has two front yards, and both front yard setbacks are required to have a minimum of 35 feet. Also, one yard other than a front shall be deemed a rear yard and the other a side yard. AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a new single-family dwelling and requests a reduction in the rear yard setback from 35 feet to 27 feet. All other setbacks are proposed to meet the minimum requirements of the Zoning Code, Section 100-244B. REASONS FOR BOARD ACT/ON~ DESCRIBED BELOW: Based on testimony and record presented and personal inspection, the Board makes the following findings: 1) Grant of alternative relief will not produce an undesirable change in the character of neighborhood or a detriment to nearby properties because the floor area of the principal building will not exceed 200 sq. ft. (a size smaller than an accessory two-car garage if it were located in the rear yard of a corner lot). Also the driveway and other access to the dwelling is proposed from the opposite (south) end of the dwelling. (2) The relief as alternatively granted is not substantial, representing approximately 15% of a variance. Fage 2 - December 10, 1998 Re: 1000_116_2-5 (Svatovic) (3 The relief as alternatively granted will not have an adverse effect or impact on thc physical or environmental conditions in the neighborhood or district because the area is a private residential community, and the dwelling is proposed greater than a side yard of 15 feet (which would be the alternative yard allowed for a corner lot), and it is 45 feet or greater from any other neighborhood dwelling structures. (4) The variance is related to the difficulties created by the layout of the property, with two front yard setback requirements rather than requirements for other lots in close vicinity to this property. two side yard (5) In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to DENY the 27 ft. rear yard setback as requested, and BE IT FURTHER RESOLVED, to GRANT ALTERNAT:]I:VE REL]:EF for a 30 ft. rear yard setback in this proposal for a new principal dwelling. VOTE OF THE BOARD: AYES: MEMBERS GERARD P. GOEHRINGER (Chairman), jAMES DINIZIO, LYDIA TORTORA, LORA S. COLLINS. This Resolution was duly adopted (4-0). (Member George Horning of Fishers Island was absent at this time of this determination.) 1000-116-2-5 //~?~ G~.E..I~.3.D..P.: GOEHRINGER //../'? CHAIRMAN  Approved for Filing 12//~'/98 BOARD MEMBERS Gerard P. 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 FINDINGSt DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 10t :!.998 Appl. No. 4604 - ARTHUR TORELL PARCELS 1000-33-2-10 & 11 STREET & LOCALITY: 365 and 465 Westwood Lane, Greenport DATE OF PUBLIC HEARING: September 24, 1998 and December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the westerly side of Westwood Lane, Greenport. The property is shown as Lot No 67 arid No. 68 on the 1965 Map of Eastern Shores (duplicate submitted) at Greenport, Section Two. The property was acquired by Arthur R. Torell, Jr. by deed .dated April 24, 1971, which deeds refers to Subdivision Map Lots 67 and 68 (not by metes-and-bounds). The Map of Eastern Shores was filed with the Suffolk County Clerk's Office August 10, 1965 as File No. 4426 Abstract No. 5155. The subject property is vacant land and consists as a total land area of 46,214 sq. ft. The original sizes of the lots in question shown on the Map of Eastern Shores are 24,756 sq. ft. for Lot 67, and Lot 68 at 21,458 sq. ft. BASIS OF APPLICATION: Building Inspector's August 4, 1997 Notice of Disapproval with regard to inadequate setbacks under Article XXIV. AREA VARIANCE RELIEF REQ~UESTED: Applicant is requesting either: a) reduction of the 15 ft. required side yard setback to 10 ft. for the proposed location of a dwelling with garage; or b) reduction of lot size of the northerly lot (68) from 21,458 sq. ft. to 20,403 sq. ft. tc allow for a 15 ft. side yard setback on Lot 67, which would result in an increase of lo area for the southerly lot (67) from 24,756 sq. ft. to 25,811 sq. ft. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of testimony and record presented and personal inspection, the Board ma the following findings: The subject lot slopes downward to the south, and a substantial part of the sour portion of the lot is wetland. These topographical facts significantly con applicant's ability to build on the lot, and the proposed house is consequently ~Page 2- Appl. No. 4604 R¢~: 1000-33-2-11 (Torell) December 10, 1998 ZBA Decision narrow and close to the northerly property line. The adjoining lot (SCTM 10) owned by applicant is significantly smaller than the subject lot and would be reduced a further 1055 sq. ft. if the proposed change in lot line were made. The Board believes that grant of a setback variance is preferable to creation of greater nonconformity in the adjoining lot. Grant of the requested setback variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed house will cover only a small part of the lot and will be set well back from the street, so that the small side yard setback will not create a sense of crowding. The requested setback variance is not expected to have an adverse effect or impact on physical or environmental conditions because this application is subject to 'Town Trustees' approval. Grant of the setback variance is the minimum necessary and adequate to enable applicant to erect a house while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the community. RE$OLUTI:ON/ACTTON: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the setback variance, as applied for, subject to the CONDI:TTON that Town Trustees approval be obtained. VOTE OF THE BOARD: AYES: MEMBERS GERARD P. GOEHRINGER (Chairman), JAMES DINIZIO, JR., LYDIA A. TORTORA, LORA S. COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island w~w~$s~bsent d~_ur~~~n of this determination. C~MAN 12/15/98 -- Approved for Filing ~2/16/98 1000-33-2-11 APP,.ALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold To~vn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF DECEMBER 10, 1998 Appl. No. 4641 - MARY LOU WICKHAM 1000-109-7-10.3 STREET & LOCALITY: 1535 New Suffolk Avenue, Cutchogue DATE OF PUBLIC HEARING: December 10, 1998 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-3lB, subsections 14a-d of the Southold Town Zoning Code (amended 2-7-95). Applicant-owner is requesting an Accessory Bed and Breakfast, in her residence, with up to two (2) bedrooms for lodging and serving of breakfast to not more than four (4) casual, transient roomers. PROPERTY DESCRIPTION: This property is 39,600 sq. ft. in size, and is situated along the westerly side of New Suffolk Road, Cutchogue with 180 ft. lot width and lot depth of 222 ft. The property is improved with a single-family dwelling, two small sheds, a barn, and a garage as shown on the survey prepared July 28, 1976 by Roderick VanTuyl, P.C. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. Pa'Q~"2,~ -Appl. No. 4641 (Wickham) Re:' B & B/1000-109-7-10.3 ZBA Meeting of December 10, 1998 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 5) this zoning use is authorized by the Zoning Code subject to a Special Exception review and approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector; 6) no adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: Goehringer, it was On motion by Member Dinizio, seconded by Chairman RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Two (2) parking spaces, for this bed and breakfast use, shall be on-site (on applicant's property). 2) There shall be no backing out of vehicles onto New Suffolk Road. 3) There shall be compliance at all times with the zoning code, and other laws and regulations applicable to this use. 4) Applicant-Owner shall obtain a Certificate from the Building Department for occupancy as a new Accessory Bed and Breakfast in her residence. VOTE OF THE BOARD: Ayes: Members Gerard P. Goehringer (Chairman), James Dinizio, Jr., Lydia A. Tortora, and Lora Collins. This resolution was duly adop~ted (4-0). (Member Horning of Fishers Island wa sabsent during t~on.).. /~...-~ ~' -/'"G~ERARD p.-GO E H Ri N G E~, C~Ai RM:~ /.~. ~../ Approved for Filing 12/15/98 ~ 1000-109-7-10.3 ~ ' '