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HomeMy WebLinkAboutZBA-10/04/2001 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, OCTOBER 4, 2001 SPECIAL MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New ~brk 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53098 Main Road, Southold, New York 11971, on Thumday, October 4, 2001 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia Tortora, Member Lora S. Collins, Member Also present was Linda Kowalski, Secretary to ZBA. Absent was: Member George Horning (excused). 6:33 p.m. The Chairman called the meeting to order, and proceed with the following: AGENDA ITEM Ill-A: DELIBERATIONS/DECISION: Appl. No. 4987 - ELLSWORTH BAYLIS. JR. (The hearing on this application was held and concluded on 9120). The Board Members deliberated and Action was taken approving the application with Conditions. Please see official Findings, Deliberation and Decision filed with the Office of the Town Clerk, and a copy of which is attached to this set of Minutes as though fully written and set forth herein. AGENDA ITEM III-B. RESOLUTION: Motion was offered by Member Tortora, seconded by Member Collins, and duly carried, to approve the Minutes of the July 19, 2001 Meeting. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent.) This Resolution was duly adopted (4-0). AGENDA ITEM III-C. The Chairman removed this item from the agenda for the reason that there is no application before the Board at this time. AGENDA ITEM II - DELIBERATIONS/DECISION: AppI. No. 4989 - RICHARD GLUCKMAN. The Board Members reviewed the two letters from Mr. Gluckman and the landscape plan with trees buffering the property from Mr. Trent's land. Board Members also discussed the lowest floor as a story, with non- habitable space in this Flood Zone, and finalized deliberations. After deliberations, Action was taken approving the application with Conditions. Please see official Findings, Deliberation and Decision filed Page 2 - Minutes Meeting of October 4. 2001 Southold Town Board of Appeals with the Office of the Town Clerk, and a copy of which is attached to this set of Minutes as though fully written and set forth herein. 7:00 p.m. PUBLIC HEARINGS and UPDATES: RESOLUTION: A;)ol. No. 4990 - NORTH BAY PROPERTIES. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to reopen the hearing for the purposes of receiving testimony from the environmental consultant for the applicant, which information was requested at the close of the September 20, 2001 public hearing for Board consideration. PUBLIC HEARING: 7:00-7:15 p.m. Appl. No. 4990 - NORTH BAY PROPERTIES. Testimony was offered by James Fitzgerald of Proper-T Services, Inc. and Charles Bowman of Land Use Co. in behalf of the applicant. Please see written Transcript of Hearing prepared under separate cover for statements submitted at this time. RESOLUTION: Following the hearing, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing record. This Resolution was duly adopted (4-0). PUBLIC HEARING - opened and recessed: Appl. No. 5003 - KACE LI. INC. - The Chairman opened the hearing and asked if anyone was present regarding this application. No one present in the audience offered testimony on this application. The Chairman confirmed receipt of letters from the attorneys for the applicant, and attorney for immediate neighbors, requesting additional time and a hearing at another meeting. RESOLUTION: Motion was offered by the Chairman, seconded by Member Tortora, and. duly carried, to RECESS the hearing for a continuation to be held at 5:15 p.m. on Thursday, November 15, 2001. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Homing was absent.) This Resolution was duly adopted (4-0). RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to authorize advertisement of the following applications for public hearings to be held on December 13, 2001, which applications were removed from the October 18, 2001 hearing calendar by applicant's attorney: Appl. No. 4958 - A. Marinaskis Appl. No. 4999 - L. Adjemian Appl. No. 5004 - J. Potoreki. This Resolution was duly adopted (4-0). AGENDA ITEM II. Appl. No. 4994 - ED MAHER. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to reopen the hearing for the purposes of receiving clarification of project details for Board consideration from the Architect, Meryl Kramer, who was present in behalf of the applicant. Page 3 - Minutes Meeting of October 4. 2001 Southold Town Board of Appeals PUBLIC HEARING: 7:30-7:40 p.m. Am)l. No. 4994 - ED MAHER. Testimony was offered by Meryl Kramer, Architect, in behalf of the applicant to clarify project details and testimony previously offered on September 20, 2001 by Mrs. Kramer. Please see written Transcript of Hearing praparad under separate cover for statements submitted at this time. RESOLUTION: Following the testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing record. This Resolution was duly adopted (4-0). AGENDA ITEM III. DELIBERATIONS/DECISIONS: The Board Members deliberated and Action was taken as noted below on each of the following applications. Please see official Findings, Deliberation and Decision filed with the Office of the Town Clerk, copies of which is attached to this set of Minutes as though fully written and set forth herein. Appl. No. 4994 - ED MAHER. Approved applicant's amended plan with conditions. Appl. No. 4990 - NORTH BAY PROPERTIES. Possible approval with conditions at the next meeting to be held October 18, 2001, pending review a draft wording (to be prepared). Appl. No. 4999 - PETER AND VALERIE LEONIAK. The Board Members agreed and extended the written oortion of the record only for responses from either the attorney for the applicant or attorney for the neighbors. WORK SESSION: The Members reviewed and discussed pending files. No action was taken. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 8:30 p.m. Respectfully submitted, Kowalski Deci~]j~Nl~d: (3) ~-~/' Board Secretary Approved -Gerard P. Oo~hringe.R'~hairman · APPF~X~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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER ,42001 Appl. No. 4987 - ELLSWORTI-I BAYLIS, JR. Location of Property: 6425 Indian Neck Lane, Peconic Date of Public Hearing: September 20, 2001 1000-86-6-21 FINDINGS OF FACT .PROPERTY FACTS: The subject property (hereinafter called Lot 21) is an unimproved lot in Peconic, 50 feet wide and with average depth of 224 feet, for a total area of 11,214.24 sq. ft. There are two metal sheds and a frame shed at the north end of the lot. A dirt lane crosses Lot 21 giving access to two interior lots: SCTM 1000-86-6-22, immediately to the north (Lot 22) and SCTM 1000-85-6-23, further north (Lot 23). BASIS OF APPEAL: Building Department Notice of Disapproval, dated October 31, 2000, denying a permit to build a garage/storage building on Lot 21 because such a structure is not a permitted primary use under Code section 100-31A. RELIEF REQUESTED: Applicant requests Board action regarding a new garage/storage building on Lot 21 accessory and incidental to the applicant's residence on Lot 23, Block 6. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Applicant also owns Lot 23, which is separated from his Lot 21, by Lot 22. His house is on Lot 23, but applicant states that there is insufficient room there for a needed garage/storage building. Therefore, he wishes to erect the building on Lot 21. 2. If applicant were to build a dwelling on Lot 21, the garage/storage building would be a permitted accessory use. However, applicant has no need for such a dwelling and no desire to build one. Applicant wants to treat Lot 21 effectively as part of Lot 23 and build on it a structure accessory to his dwelling on Lot 23. 3. A dirt lane from Indian Neck Lane runs across Lot 21 to give access to Lots 22 and 23. Although this lane connects Lots 21 and 23, they are not contiguous. 4. Applicant's situation is very unusual. Without relief, he will have a vacant parcel (Lot 21) serving no purpose, and he will remain without a garage. The Board desires to enable him to construct the garage/storage building as, in effect, an accessory to his dwelling on Lot 23. Such construction on Lot 21, subject to the conditions set forth below, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was Page 2 - October 4, 2001 Appl. No. 4987 - E. Baylis 866-21 Southold Town Board of Appeals RESOLVED, that this Board approves the application as applied for, for a garage/storage building on Lot 21, subject to the following CONDITIONS: 1. The garage/storage building shall be a one-story structure, measuring no more than 2,?. x 38 feet, supplied with electricity but no other utility, and set back at least 50 feet from Indian Neck Lane and at least 5 feet from the easterly lot line. Drywells shall be adequate to contain runoff from the building. 2. Prior to the issuance of a building permit for the proposed structure, applicant shall submit to this Board for its review, a copy of covenants to the deeds to Lots 21 and 23, duly executed and filed with the Suffolk County Clerk, imposing the following constraints on Lot 21 and Lot 23 and providing that such covenants are enforceable by the Town of Southold: A. No structure may be erected at any time on Lot 21 other than this one-story garage/storage building no greater than 22 x 38 feet in size. B. Lot 21 may be transferred only in a transaction in which Lot 23 is transferred, and only to the transferees of Lot 23 in such transaction. C. Lot 23 may be transferred only in a transaction in which Lot 21 is transferred, and only to the transferees of Lot 21 in such transaction. The intent of this Condition 2 is to prohibit construction of a dwelling on Lot 21, to allow the construction on it of a building that will effectively be an accessory to the residential use on Lot 23, and to permanently link Lots 21 and 23 (which are not contiguous). 3. That when a Certificate of Occupancy is issued for this garage building, that the Building Department include in writing all of the above conditions. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Boa~~l~ers Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Hor..~_n~g~of~FiT~sh~l~3c~as~lbsent.) This Reso~tieflwvas duly~d~.~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPE~kLS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 4, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4989 - RICHARD GLUCKMAN STREET & LOCALITY: 4630 Orchard Street, Orient. DATE OF PUBLIC HEARING: September 20, 2001 1000-27-3-7.8 PROPERTY FACTS/DESCRIPTION: The applicant's property is a 1.5+- acre parcel of land situated along the west side of Orchard Street in Odent. Construction for a new single-family dwelling has been commenced and inspected, based on a Building Permit issued March 3, 1999 under Permit No. 25575-Z. BASIS OF APPEAL: Building Inspector's June 1, 2001 Notice of Disapproval denying building permit #25575Z issued March 3, 1999 to construct a one-family house on the grounds that the height of the as-built dwelling exceeds the Code's 2-1/2 story height limitation under Section 100- 32. AREA VARIANCE RELIEF REQUESTED: Applicant asks the Board to either reverse the Building Inspector's determination that the single-family dwelling is three stories in height, or to grant an area variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Zoning Board of Appeals held public headngs on the matter of September 20, 2001, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observation of members of the board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The subject of the vadance request concerns a 3,500 sq. ft. single family dwelling that contains two full stodes above grade, and a non-habitable area beneath approximately one-half of the upper area of the house set on grade level. The lowest "first" story in question is a utility area that contains three storage areas, and access doors to the utility area, and to the upper levels of the house. There is no living space in the first floor utility area, and it has been determined "non- habitable" by the State. 2. The height of the structure is 32 feet above grade, within the Town Code's 35 ft. maximum height limit. 3. By way of background, the applicant applied for and was granted a building permit No. 25575, dated Mamh 3, 1999, to construct a single-family dwelling, all in accordance with the survey and plot plan prepared by Gluckman Mayner Associates dated October 1998, and stamped "received May 7, 1999" by the Southold Town Building Department. Page 2 - October 4, 2001 ZBA Appl. No. 4989 - R. Gluckman Parcel 1000-27-3-7.8 at Orient 4. Applicant's attomey testified that based upon the building permit, construction commenced during which period the Building Department conducted several inspections of the premises and made no mention of a problem with the number of stories. Building Department records substantiate that it was not until March 16, 2000 that an Inspector noted "state vadance required to classify basement 'NOT' a story - non-habitable." The Board concurs with the State that the first floor utility area is non-habitable and conditions its approval with this provision. 5. On July 27, 2000, the applicant applied to the State for a variance to the New York State Uniform Prevention & Building Code. The State granted a vadance dated Apdl 24, 2001 conditioned upon the installation of fire and smoke detection devices and other fire safety measures. The Board notes that in its decision the State described the first floor area in question as a "basement with no habitable spaces within in." The Board further notes that in rendering its determination, the State consulted with the local Town Code Enforcement Official, who had no objection to the granting of a routine variance. 6. While the character of the neighborhood is primarily large lot zoning, the Board received testimony from the adjacent property owner to the north that excavation work by the applicant to raise the grade at the site has impeded the natural flow of runoff, creating flooding on the neighbors' property. The neighbor, Mr. Martin Trent, also testified that because fill was used to raise the grade of the applicant's property, the visual impact on his property resembles and three- story structure. 7. The Board agrees with Mr. Trent that drainage problems have resulted from construction of the applicant's house and that there is a need to mitigate the visual impacts of the house. The applicant has submitted a landscaping and drainage plan dated 22 Sep. 01, and two letters dated September 28, 2001 to the Board. IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW 2167-B-3 'AREA VARIANCES,' THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANT iF THE VARIANCE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES THAT: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The height of the house is 32 feet, below the maximum 35-foot height limit of the Town Code. The house is located on a large 1.44 acre lot and well-screened from view of most neighbors, except for the adjacent property owners to the northwest. The Board believes that with the landscaping and drainage plans set forth as condition of this approval, the variance will not negatively impact the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursuant, other than an area variance. The nature of the applicant's problem is somewhat unusual because the house was constructed under a valid building permit and it was not until the house was almost completed that the building department advised him that a state Page 3 - October 4, 2001 ZBA Appl. No. 4989 - R. Gluckman Parcel ~000-27-3-7.8 at Orient variance would be required to either classify the lower level as a basement or grant a variance for a three-story structure, the existing drainage problems for the neighbor to the northwest would be exacerbated. 3. The requested vadance is not substantial. The height of the structure is 32 feet, three feet below the Town Code's 35-ft. height limit. The variance granted herein, is for a non-habitable utility and storage area only, as further noted below. 4. The difficulty has been in part created by the applicant, who is an architect and shown have known that the lower storage area may not be conforming to the local code, and in part by the building inspector who initially approved the permit and plans. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood because of the condition set forth below. RESOLUTION/ACTiON: On motion by Member Tortore, seconded by Member Collins, it was RESOLVED, to GRANT a vadance for the existing grade level non-habitable storage and utility area, also referred to as the first floor, subject to the following CONDITIONS: 1. The utility/storage area shall not be habitable, and shall not contain a kitchen or sleeping quarters. 2. No further additions in height to the house shall be permitted without the review and approval of the Zoning Board of Appeals. 3. All stormwater run-off emanating from the applicant's property must be contained on the applicant's property. 4. By May 15, 2002, the applicant shall install and complete the landscaping and drainage areas as shown on applicant's September 22, 2001 plans and two letters dated September 28, 2001, and made a part of thi<J record. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: GOEHRINGER, DII',JJZI~ORTORA, and COLLINS. (Member H orning of Fishers Island wa sabsent.) T~on w~,a~duly~~~ ~"' ~ G'rER, CH~MAN  I~F~ARD P. GOE~'RIN 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 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 4, 2001 Appl. No. 4994 - ED AND EILEEN MAHER Street & Location: 3655 Bayshore Road, Greenport 1000-53-06-15 Date of Public Hearing: September 20, 2001; October 4, 2001 Findings of Fact PROPERTY FACTS: The subject parcel contains 6,696 sq. ft. of land area and is improved with a frame single-family dwelling and frame garage, as detailed on the February 13, 2001 survey prepared by John T. Metzger, L.S. BASIS OF APPLICATION: Article XXIli, Section 100-242A and Section 100-244B, based on the Building Department's July 27, 2001 Notice of Disapproval for the reason the structural alterations and additions to existing dwelling with an increase in the degree of nonconformance with regard to the nonconforming side yards and lot coverage exceeding the 20% code limitation. RELIEF REQUESTED: Applicant requests variances authorizing alterations and addition to the existing dwelling. The dwelling as exists contains nonconforming side yards at 7.1 feet on the south side and variables of 3.87 ft. and 6.4 feet on the north side. The original request was based on a site plan dated 4-18-01, prepared by Meryl Kramer, Architect, for a covered porch, two-story addition, and a two-story addition over the existing nonconforming dwelling location. The lot coverage requested on the 4-18-01 plan was 27.32% of the total lot area. ADDITIONAL INFORMATION: At the hearing on September 20, 2001, the applicant discussed lesser variances with Board Members, and an alternative plan was prepared for Board consideration. At the Board's request, the site plan was revised (September 24, 2001). The September 24, 2001 revised plan shows a smaller two-story addition, after removal of the existing stoop and porch areas at the west and east ends of the house, and a lot coverage reduced from 27.32% to 24.8%. Board Members explained their concerns with the northwest corner of the house, and confirmed that the northerly 3.87 ft. nonconforming setback shall not be two-story, and that the roof line shall be at one-story with a general higher slope. The architect for the applicant acquiesced and agreed to design a roof line that will not have a two-story effect into the side yard. BOARD REASONS: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: Page 3 - October 4, 2001 AppI. No. 4994 - E. Maher Southold Town Board of Appeals 1) The area of the building at the northwest corner which exists at less than 10 ft. from the side property line shall not be at a he .qht greater than one-story height, and the second-story addition for this existing protrusion of the house is denied. 2) The lot coverage shall not exceed 24.8%, as requested. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Goehdnge~ra,/~d Co~. ,This Resolution was duly adopted (4-0). ~j-'J j// ~/ / .//~ERARD P. GOEHRINGER ~,' CHAIRMAN 10/11/01 Page 2 - October 4, 2001 Appl. No. 4994 - E Maher Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The garage and house have been in place for 40 years, and are an established part of the neighborhood. There will be no intrusion into either side yard with a lesser setback. The lot is very small leaving no other area for expansion. The site plan was revised to reduce the lot coverage to 24.8%, which is more in keeping with the general area and small lots of this size. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than area variances due to the size of the property and established building locations. 3. The requested area variances are not substantial. 4. Grant of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. There was no evidence presented to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted. 5. The action set forth below is the minimum necessary and adequate to enable applicant to enlarge the dwelling and replace existing step and porch areas, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion offered by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the vadance as requested and more particularly shown on the September 24, 2001 amended site plan prepared by Meryl Kramer, R.A., SUBJECT TO THE FOLLOWING CONDITIONS: