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HomeMy WebLinkAboutZBA-03/18/2004 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlimdo James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD EECEIVE cj' 1:31 . fm. MA 292007 . ~tl~ Sou ,fold Town (Jer. MINUTES REGULAR MEETING THURSDAY, MARCH 18,2004 A Regular Meellng of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, March 18,2004 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member James Dlnizio, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Lydia A. Tortora, Member 9:30 a.m. Chairwoman Oliva called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA1: BOARD RESOLUTION: Motion was made by Chairwoman Oliva, and seconded by Member Goehringer to declare the following Negative Declarations without further steps as submitted: Type II Actions (Setback/dimensional, lot waiver/, accessory apartment, bed and breakfast requests): Joseph Trencheny #5435 Martin J. Bancroft, Jr. #5484 Joseph and Frances Setaro #5496 Frederick and Dorothy Charnews #5469 Steven Szczeniak #5497 Richard and Nancy Willott #5491 Robert and Kelly L. Krudop #5487 & #5486 Jonathan Gilson and Regina Ebel #5498 George and Donna Diakoumakos #5501 Page 2 - Minutes Regular Meeting of March 18, 2004 Southold Town Board of Appeals Resolution (continued): Tvpe Ii Actions (Setback/dimensional, lot waiver/, accessory apartment, bed and breakfast requests): George Penny IV #5493 Donald and Irene Suter #5489 Arthur and Ruther Ventura #5495 Merlon and Isabela Wiggin Osprey Dominion/L1PAlKeyspan #5450 Stanley Malon #5383 Resolution was duly adopted (4-0). ** * RESOLUTION GRANTING EXTENSION OF TIME: GEORGEA KAPASSAKIS #5440. Motion was made by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to grant the applicant's 2/26/04 letter requesting additional time, extending the time for submission to April 22, 2004. This Resolution was duly adopted (4-0). * * * DELIBERATIONS/DECISiONS/OTHER: The Board deliberated on the following applications, and rendered decisions: included by reference and incorporated herein are the originals of the following determinations filed with the Southold Town Clerk: Reversal of B.1. Decision: Merlon and Isabelle Wiggin #5499 Approved with Conditions or As Applied DONALD GRIM #5441 MARK STUFANO #5461 Denied as Applied GARY MANGUS and MIRIAM MEYERS #5475. * * * The followinq PUBLIC HEARINGS were held: 9:35 a.m. JOSEPH TRENCHENY #5453. (Carrvover from 2/26/04 PH: 3/16 architect submitted desiqh to lessen deqree of anqle from 10' to 12'). Request for a Variance under Section 100- 244B, based on the Building Department's August 25, 2003, amended 2/23/04 Notice of Disapproval, concerning additions and alterations proposed with a totai side yard area at less than 25 feet, at 120 South Lane, East Marion; CTM 37-6-3.2. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 9:51 a.m. MARTIN J. BANCROFT, JR. #5484. This is a request for a Variance under Section 100-33, based on the Building Department's December 22, 2003 Notice of Disapproval, concerning the location of a proposed lap pool in an area other than the code required rear yard, at 38099 Main Road, Orient; CTM 15-2-16. (Please see transcript of written statements prepared Page 3 - Minutes Regular Meeting "fMarch 18, 2004 Southold Town Board of Appeals under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). PUBLIC HEARINGS, (continued): 9:55 a.m. JOSEPH and FRANCES SETARO #5496. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's January 22, 2004 Notice of Disapproval, last amended January 27, 2004, concerning proposed second-story additions and alterations to the existing dwelling with combined total side yard at less than 25 feet, at 3680 Stillwater Avenue, Cutchogue; CTM 137-1-13. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:00 a.m. FREDERICK and DOROTHY CHARNEWS #5469. This is a request for a Variance under Section 100-30A.3 (ref. Bulk schedule) based on the Building Department's November 3, 2003 Notice of Disapproval concerning a proposed addition with a setback at less than 40 feet from the rear property line, at 11675 Pequash Avenue, Cutchogue; CTM 103-7-16. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:03 a.m. STEVEN SZCZENIAK #5497. This is a request for a Variance under Sections 100-33 and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval, amended February 12, 2004, concerning the proposed additions to the existing dwelling with lot coverage exceeding the code limitation of 20% of the lot area, and after this new construction, the existing garage will be at the side yard of the new addition instead of a code-required rear yard, at 1400 Marlene Lane, Mattituck; CTM 133-2-36. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:10 a.m. RICHARD and NANCY WILLOTT #5491. This is a request for a Variance under Section 100-242A and 100-244, based on the Building Department's October 17, 2003 Notice of Disapproval concerning a proposed addition with a rear setback at less than 35 feet, at 560 Private Road #31, Southold; CTM 77-3-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:12 a.m. ROBERT and KELLY L. KRUDOP. R. Lark, Esq. Requests for the following Lot Waivers under Section 100-26. Based on the Building Department's November 17, 2003 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 2, 2983: #5487. To unmerge CTM 1000-96-1-9 of 12,254 sq. ft., from CTM 1000-96-1-8 of 14,787 sq. ft. Location of Property: 170 and 250 Tuthill Lane, Cutchogue. #5486. To unmerge CTM 1000-96-1-6 9,334, sq. ft. from CTM 1000-96-1-8 of 14,787, sq. ft. Location of Property: 50 and 170 Tuthill Lane, Cutchogue. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded Page 4 - Minutes Regular Meeting of March 18, 2004 Southold Town Board of Appeals by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). PUBLIC HEARINGS. (continued): 10:55 a.m. JONATHAN GILSON and REGINA EBEL #5498. D. Doty Esq. This is a request for a Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5. 2004 Notice of Disapproval, concerning an accessory garage, which wiil become more nonconforming in its existing side yard location, after construction of proposed additions to the dweiling. The code requires accessory building to be in a rear yard. Location of Property: 1185 Mill Road, Mattituck; CTM 106-9-8.4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :09 a.m. GEORGE And DONNA DIAKOUMAKOS #5501. D. Doty Esq. This is a request for a Lot Waiver under Section 100-26 to unmerge Lot 40, Map of Orient by the Sea, Section one, shown as CTM 15-7-11 of 12,500 +/- sq. ft., from an adjacent land area of 13,765 +/- sq. ft., shown as CTM 15-7-10, improved with a dwelling. Location: 455 and 555 Three Waters Lane, Orient. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :22 a.m. GEORGE PENNY IV #5493. This is a request for a Variance under Section 100-31C, based on the Building Department's January 23, 2004 amended Notice of Disapproval concerning a proposed horse barn and corral on a lot which contains less than ten (10) acres of land, the minimum size required for keeping, breeding, raising and training of horses. Location of Property: 1150 Kenny's Road, Southold; CTM 59-3-17.3 (containing 6.967 acres). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :50 a.m. DONALD and IRENE SUTER #5489. This is a request for Variances under Sections 100-33C, 100-242A, and 100-244B, based on the building Department's July 23, 2003 Notice of Disapproval, last amended February 3, 2004, concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. Location of Property: 1150 Dean Drive, Cutchogue; CTM 16-5-14. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. The Resolution was duly adopted (4-0). LUNCH BREAK 12:15 p.m. to 1 :07 p.m. Motion was made by Chairwoman Oliva, seconded by Member Goehringer, to reconvene the meeting, continuing with public hearings as follows: Page 5 - Minutes Regular Meeting of March 18, 2004 Southold Town Board of Appeals PUBLIC HEARINGS. (continued): 1:08 p.m. OSPREY DOMINION/LlPAlKEYSPAN #5440. (PH carried from 2/26 at applicant's request for review of Amended Environmental Assessment (Coordinated by Lead Agency 3/8/04). Location of Property: 44075 Main Road, Peconic; Parcel 1000-75-1-20.1 and 20.2. Applicants request a Variance under Section 100-33A concerning the proposed height of new public utility wind turbinelantenna structure exceeding the code's height limitation of 18 feet; and a Special Exception for a public utility uselstructure on this 4.4+ acre site. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). PUBLIC HEARINGS. (continued): 1:58 p.m. STANLEY MALON #5383. P. Moore, Esq. (PH carried from 2/26 for environmental consultant review report regarding possible safety concerns and drainage). Applicant requests: (1) Variances under Section 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a multiple-use building with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do dot require an additional 30,000 sq. ft. of land per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenantsloccupancies on this 53,821 sq. ft. parcel. Location of Property: 32845 Main Road, Cutchogue; Parcel 1000-97-5"4.5. Zone: District: B-Business. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). * ** OTHER: Chairwoman Oliva_confirmed its scheduled Special Meeting to be held 6:00 p.m. April 8, 2004 (agenda items may include work session; continued work reviews of new fiies for future calendars; possible findingsldecisions on carryovers. * * * Brief reviews of pending files and generai discussions by Board Members followed. (No action was taken.) * * * There being no other busineSS properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:25 p.m. Respectfully submitted, ~~a~l2if~ - Secretary Decisions Incorporated by Reference: 4 ~ f) cllie A~U' / .?/~V =7 . J APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva. Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 e Lydia A. Tortora Southold, NY 11971-0959 Vincenl Orlando Tel. (631) 765-1809 James DinLzLo. Jr. Fax (631) 765-9064 http:........souttIoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 18, 2004 ZBA No. 5441 - DONALD GRIM Property Location: 22745 C.R. 48, Cutchogue; Parcel 1000-84-1-25.2. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this appiication and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 7.458 acre parcel has frontage along two streets: (a) 685 ft. along the north side of Middle Road, C/R. 48, and (b) 358.06 ft. along the east side of Cox Lane, in Cutchogue. The property is improved with a farm stand and storage structures as shown on the March 3, 2000 survey prepared by Peconic Surveyors, P.C., revised March 11,2004. BASIS OF APPLICATION: Building Department's January 23. 2003 Notice of Disapproval, citing Code Section 100-31A.2, in its denial of a building permit application concerning a proposed horse barn on a 7.467- e acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use. FINDINGS OF FACT The Zoning Board of Appeals held a pubiic hearing on this application on December 18, 2003 and January 22, 2004, at which time written and orai evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 30' x 60' horse barn with fenced horse corral for family use in conjunction with five (5) tillable acres and the existing farm stand structure. The proposed 30' x 60' horse barn will be 20 feet from the easterly property line, and approximately 220 feet from the front southerly lot iine. The applicants confirmed there will be no riding academy or training involved with the keeping of their horses. ADDITiONAL INFORMATION:AMENDED RELIEF: During the January 22, 2004 public hearing, the appiicant was requested to furnish a map prepared by a licensed surveyor labeiing all areas, including tillable areas, area for horse use, and labeling the use or purpose of other existing structures on the property that were not shown on the architectural site map. On March 12, 2004, the applicant furnished a survey amended March 11, 2004, prepared by John Metzger, Peconic Surveyors, P.C. confirming all uses and labeiing the activities, existing structures, and proposed areas on the site. The enclosed fence for the horse corral is proposed at four feet in height, with 5' high posts, shown on the construction sketch with the ZBA date stamp of March 12, 2004. The e proposed horse barn will be 28 ft. to the top of the ridge from the natural grade as shown on the construction sketch with the ZBA date stamp of March 12, 2004. . -, I Page 2 - March 18, 2004 ZBA No. 5441 - Donald Grim CTM 1000.84.1-25.2 at Cutchogue e REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is proposed a 30' x 60' horse barn and fenced corral for personal family use on their 7.46-acre parcel, with is improved with a farm, farm stand and storage structures. By a strict reading of the code, a horse farm for the purpose of keeping, breeding, raising and training of horses, is required on a lot with a minimum of 10 acres, with or without a principal building. Under Code Section 1 00-30A 1 & 2, a principal building or primary use may be a dwelling or agricultural operations. Under Section 100-31C (8), horses and domestic animals other than household pets, are permitted as an Accessory use, provided that such animals shall not be housed within forty (40) feet of any lot line. Therefore, the keeping of horses for personal use when dedicated to a principal or primary use, such as the applicant's agricultural operations on five (5) tillable acres, is permitted. e 2. The benefit sought by the applicant, as applied for, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance from the code requirement pertaining to the keeping of horses on ten (10) acres. 3. The variance granted herein is not substantial. The applicant has shown the required five (5) acres of tillable land for agricultural operations as a primary use. 4. The difficulty was self-created because when the application was submitted to the Town, the application did not confirm the areas for agricultural operations, and did not show conformity to the code's minimum land area for the keeping of horses for personal use, as applied for. 5. No evidence has been submitted to suggest that a variance in this community of mixed uses (business, industrial, agricultural, and residential uses) will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this reiief is the minimum action necessary and adequate to enabie the applicant to enjoy the benefit of a horse barn with corral, while preserving and protecting the character of the neighborhood and the health, safety and weifare of the community. e ... , Page 3 - March 18, 2004 ZBA No. 5441 - Donald Grim CTM 1000.84-1-25.2 at Cutchogue e RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the March 3, 2000 survey prepared by Peconic Surveyors, P.C., revised March 11, 2004, and shown on the two construction sketches, stamped received by the ZBA March 12, 2004, SUBJECT to the following CONDITIONS: 1. There shall be staggered (double row) line of evergreens, 4 to 6 ft. in height, for at least 200 linear feet along the south side of the corral area, facing CR. 48 and at least 60 linear feet along the east side extending from CR. 48. 2. That the screening buffer of evergreens shall be continuously maintained in good e condition by the owner. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressiy addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution k adopted (4-0).. _ UD l 0 . C\L9Aur< Ruth D. Oliva, Chairwoman 3/19/04 Approved for Filing e . ~ - APPEALS BOARD MEMBERS Southold Town Hall Rulh D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 e Lydia A. Tortora SouthoId, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax (631) 765-9064 h ttp://southoldtown.northf(lrk.ne[ BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 18,2004 ZBA No. 5461 - MARK STUFANO Property Location: 3505 Camp Mineola Road, Mattituck; Parcel 123-6-12.5. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is irnpiemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,113 sq. ft. lot is vacant. and is referred to as Lot #2 on the June 11, 1969 Minor Subdivision Map for Lena F. Howell, with a Planning Board signature date of September 15, 1969. The property is located in the R-40 Low-Density Residential Zone District. BASIS OF APPLICATION: Building Department's October 14, 2003 Notice of Disapproval, amended November 5, 2003, citing Code Section 100-244, in its denial of a building permit appiication to locate a new single-family dwelling with a setback at less than 35 feet from the rear property line. The Building Inspector e notes that a rear yard setback will be +/-26 feet from the proposed deck. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 22, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Appiicant wishes to construct a new 58' x 28' dwelling with attached garage at 30 feet from the rear lot line, and at 26 feet from a proposed deck, as shown on the October 26,2000 map, revised October 22,2003, by Stanley J. Isaksen, Jr., L.S. ADDITIONAL INFORMATION:AMENDED RELIEF: During the January 22, 2004 public hearing. applicant was requested to increase the setbacks to conform to the conditions under Appeal No. 4505. On March 10,2004, the applicant submitted a revised map, amended March 8, 2004, for a 27 ft. front yard setback and 30.9 ft. rear yard setback, at the closest points to the respective property lines. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board confirms acceptance of the March 8, 2004 amended map. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to ACCEPT and APPROVE the March 8, 2004 amended map prepared by Staniey J. Isaksen, Jr., Land Surveyor. e - ~ Page 2 - March 18, 2004 ZBA No. 5461 - Mark Stufano CTM 100().123-6-12.5 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, olher than such uses. setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution was duly adM . \) 11/ fJ (\jJJ..l)...<:!L Ruth D. Oliva, Chairwoman 3/19/04 Approved for Filing ~.:-.. '. . - , APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 e Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax (631) 765-9064 http;,//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 18,2004 ZBA No. 5475 - GARY MANGUS and MIRIAM MEYERS Property Location: 1295 Island View Lane, Greenport; Parcel 57-2-16. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 10,848 sq. ft. parcel has 35.75 ft. frontage along a private right-of-way which extends south from Island View Lane near Peconic Bay Estates, Greenport. The property is improved with a one-story frame house with shed, shown on the September 20. 1996 survey prepared by Roderick VanTuyl, P.C. e BASIS OF APPLICATION: Building Department's December 29,2003 Notice of Disapproval, citing Code Sections 100-239.4 and 100-244, in its denial of a building permit application concerning proposed additions and alterations to the existing dwelling at less than 75 feet from the bulkhead. less than 10 feet on a single side, and less than 25 ft. total side yards. The Notice of Disapproval also states that the side yards will be +/-3 feet, and total side yards of +/-13 feet for the new additions and alterations, and +/-54 feet from the bulkhead following the replacement of the existing foundation. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 26, 2004. at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct additions to the existing one-family dwelling for expanded floor area and plan to reconstruct the foundation under the existing house. The closest setback on the west side is proposed at 3+- feet from the step area of proposed new porch, for a combined side yard area of 13+- feet. The setback from the bulkhead is proposed at 38+- feet to the new porch/step area, and 51 +- feet to the corner of the proposed second-story addition. Also proposed are setbacks at 10+- feet and 8+- feet for a new foundation under the existing dwelling, aiterations of the first story, the addition of a second story, the addition of a bulkhead-styie roof above the second floor with new room to store mechanical equipment, and two- story extension for additional bedroom area, as shown on the 12/4/03 plans prepared by Gary e Mangus. Architect. On February 9, 2004, the applicants submitted Sheet A-1 a dated 2/8104 - ~ Page 2 - March 18, 2004 ZBA No. 5475 - Gary Mangus and M. Meyers \ CTM 1000-57-2-16 showing the design proposed for the roof, midpoint, ridge and eave heights, proposed for the new second-story addition and third-level bulkhead area with mechanical storage room, at 30'8" to the top of the ridge. (Note: The proposed garage which is not part of the appeal request based on the 12/29/03 Notice of Disapproval was also shown on the height diagram Sheet A-1 a.). ADDITIONAL INFORMATION:AMENDED RELIEF: During the February 26, 2004 public hearing, the applicants were requested to remove the mechanical room and any use of the roof above the second story, into a lower area, and to increase the setbacks for a possible alternative plan that would be more conforming to the code requirements of side yards at 15 feet and 10 feet. On March 4, 2004 the applicant submitted revised diagrams (new sketch diagram, Sheets A-1, Table 1, A-2 thru A-12) which reduced the square footage of the floor area of the proposed room above the proposed second story addition (from 267 sq. ft. to 98 sq. ft.), lowering the third level construction area 2 ft. below the surface with lowered ceilings. After reviewing the detailed revisions, the Board noted that the mechanical area is still planned with railings on the flat roof area, for use of the third level and without increasing the setbacks to property lines which could be more conforming with the Code requirements. The Board also received testimony from the attorney representing the landowner to the west with concerns regarding the height of the new construction, and requesting a limitation on the new area above the second story. Other nearby properties are also narrow in width and less than 15,000 sq. ft. in size, limiting the enjoyment of their property as well. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing alterations to the existing first floor area to accommodate a new second story, new construction on part of the third story for an enclosed mechanical area, and access to a flat roof to be utilized as an open viewing area for applicants and their guests, and extension for additional living and porch areas. The width of the lot varies between 35.75 feet along the road to 59' along the bulkhead and high water line. The house is one-story in height and is skewed facing west and overlooking the adjacent property, which also contains a one-story dwelling approximately 39 feet away. The proposed new construction over the existing first story of the house does not meet the side yard setbacks of the code, and adds more building where none existed before. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue. other than an area variance. The applicants have indicated intentions to submit alternative plans, however, the alternatives discussed at the February 26, 2004 were not available in prepared diagrams to be considered by adjacent landowners or others. or further discussed as part of the hearing process. Therefore, the application is denied without prejudice to the filing of a new appeal application for review of other alternatives. - . Page 3 - March 18,2004 ZBA No. 5475 - Gary Mangus and M. Meyers CTM 1000-57-2.16 e 3. The variance requested is substantial. The requested combined side yards at +/-13 feet, with 3 feet on the westerly side as applied for are substantial reductions of the code requirements for minimum side yards at 10 feet and 15 feet, for a minimum combined total of 35 feet. 4. The difficulty was self-created when a new foundation, alterations to the existing dwelling, and extensions and additions were planned with knowledge of current Zoning Code requirements. 5. Information has been submitted to suggest that a variance in this community of small lots, improved with one-story and 1-1/2 story dwellings, will have an adverse impact on the physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B. motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to e DENY the application as applied for, without prejudice. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution III(P)i duly adopted (4-0). ,~~~'). Cl~ Ruth D. Oliva, Chairwoman 3/24/04 Approved for Filing e ~ "- , APFEALS BOARD MEMBERS Southold Town Hall Rlth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 e Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio. Jr. Fax (631) 765-9064 http:..,""southoldtown.northfork.nct BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 18,2004 ZBA No. 5499 - Merion and Isabelle Wiqqin Property Location: 10950 Main Road, East Marion; CTM 31-11-13. ,3EQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: FROPERTY FACTS/DESCRIPTiON: The applicant's parcel consists of 29,200 sq. ft., with 9B.50 feet along the south side of the Main Road (SR. 25) and 221.90 feet along a private right-of-way along the easterly lot line. The property is improved with a one-story frame house with detached garage as shown on the May 2B, e 1963 survey prepared by Otto VanTuyl, L.S., amended November 21, 1995. FINDINGS OF THE BOARD BASIS OF APPLICATION: Building Department's February 12, 2004, Notice of Disapproval, citing Code Section 100-33, in its denial of a building permit application concerning accessory swimming pool in a yard other than the required rear yard. Section 100-33 states: "In the Agricultural-Conservation District and the Low Density Residential R-BO, R-120, R-200 and R-400 Districts, accessory bUildings and structures or other accessory uses shall be located in the required rear yard. The Building Inspector further states that the accessory structure is located in the side yard. RELIEF REQUESTED: The applicant maintains that proposed structure is part of the prinCipal structure, and requests approval of a 12' x 24' semi in-ground swimming pool. The pool is proposed along the deck existing behind the dwelling with a minimum 61 ft. setback from the southerly lot line and about 50 feet from the westerly lot line. The applicants maintain that the building inspector erred in citing Article III, Section 100-33 to deny them a building permit for an accessory in-ground swimming pool. REASONS FOR BOARD ACTION: Based upon an examination the Southold Town Code and a review of the Building Inspector's February 12, 2004 Notice of Disapproval the Board finds the following to be evident. 1. Article I (Definitions) Section 100-13B, Page 10013 of the Code of Southold Town, states: Definitions and usaqes. Unless otherwise expressly states, the following terms shall, for the purpose of this chapter, have the e meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). , j '. . .. Jage 2 ~ March 18. 2004 <~BA No. 5499 - M. and I. Wiggin ~TM 1000-31-11.13 at East Marion e 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. ,:. In order to have an accessory structure under the above definition, the structure must be detached. 2.. Upon examination of the site plan dated January 21, 2004, prepared by Robert I. Brown. R.A., it is obvious that the applicant proposes to attach the pool to an existing deck, which is attached to the house, thereby making the pool part of the principal building. 4. It should be further noted that in the act of attaching the pool to the principal building, the house will continue to comply with all of the parameters set forth in the bulk schedule of the zoning code. 5. A close examination of the Building Inspector's Notice of Disapproval offers no basis within the code to deny a permit to the applicant. ~OARD RESOLUTION: Based on the above reasons, the Board finds that the Building Inspector offered no e basis in the Notice of Disapproval to deny this application for a building permit. On motion by Member Dinizio, seconded by Member Goehringer, it was RESOLVED, to REVERSE the determination of the Building Inspector and finding that the applicant is entitled to a building permit. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resoiution was duly a~1d (4-0). C) ~!1L ~, 0l~d... Ruth D. Oliva, Chairwoman 3/19/04 Approved for Filing e