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HomeMy WebLinkAboutZBA-04/07/1998 SPECAPPEALS 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 1197~ ZBA Fax (516) 765-906/ Telephone (516) 765-18(~_ MINUTES SPECIAL MEETING TUESDAY, APRIL 7~ 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, Board Conference Room, 53095 Main Road, Southold, New York 11971, on THURSDAY~ APRIL 7~ 1998 commencing at 7: 05 p.m. Present were: 7:05 p.m. to order. Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowalski, Zoning Board Secretary The Chairman, Gerard P. Goehringer, called the meeting AGENDA ITEM I: Consultations with the Town Attorney (open session). (No deliberations or action taken. ) AGENDA ITEM II: continued from 3 / 23 / 98 deliberated. DELIBERATIONS[ RESOLUTIONS/DECISIONS, agenda items: The Board Members CAROL AND ANTHONY LOSQUADRO, JR. The Chairman asked that the draft be prepared at this time with the suggested conditions: No boarding of horses; only owner's horses - maximum of three; temporary storage; no stockpiling; removal of manure, etc. HAY HARBOR CLUB. P. Moore, Esq. was present during part of the deliberations and stated her objection to Board Member discussions regarding proposed parking conditions. (No action or poll. ) To be continued. Page 2 - April 7, 1998 Minutes Southold Town Board of Appeals After deliberations on the following, the Board adopted Findings and Determinations. Attached at the end of this set of Minutes are copies of the official decisions adopted and filed with the Town Clerk's Office in accordance with New York Town Law: George Livanos Kayle B. Stotsky Jeffrey Worthington. AGENDA ITEM III: A. Receipt of correspondence from applicant's Attorney rega.rding May hearing/Bell-Atlantic Mobile, Mattituck site. B. Receipt of survey Re: R. Miller from J. Odell. Also receipt of letter with photos from Peter Stoutenburgh, contractor, regarding Miller application. Carryover to next meeting. C. Pending Application Update: Variance of E. Sievernich. The requested information was not submitted as of today from Attorney A. Salvatore. (Carryover to next meeting). Work session - review and discussions regarding pending applications. No action was taken during this time. 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 10:55 p.m. Respectfully submitted, ~' _~inda~ K_°Wals. kA ~"// Board SecreIar-y //.,/Approved for Fi lng qlesol. ~g[ ,/" Gerard P. Goehringer, Chair' man 6/13/98 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 APRIL 7, 1998 Appl. No. 4552 - G. LIVANOS PARCEL 1000-99-1-23 STREET & LOCALITY: 555 Sound Beach Drive, Mattituck. DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the south side of Sound Beach Drive, Mattituck, and is sjown as Lot #17 on the Map of Cpt. I~Jdd Estates. Thl.q property contains a total area of 7500 sq. ft. This area is zoned R-40 Low-Density Residential. The survey map submitted under this application shows that the subject premises is improved with a single-family dwelling set back approximately 27 feet from the front property llne along Sound Beach Drive and with side yards-a 8 ft. and 10.5+- ft. Located in the rear yard area is a concrete block retaining wall and small accessory shed (to be removed in thia project). For the record, there is an open building permit issued August 4, 1997 for a second-story addition to the dwelling. The lot coverage limitation at 20% per code is 1500 sq. ft. with the applicant's plan. The applicant has confirmed that the building area will not exceed the 20% limitation after removal of the accessory tool' shed structure presently located in the rear yard. BASIS OF APPEAL: Building Inspector's February 11, 1998 Notice of Disapproval, Article HI_A, Section 100-30A.4, for a reduction in a side yard setback from 3 ft. to one foot for a proposed accessory building (garage) located on a nonconforming lot of 7500+- sq. ft. in size. Zone: R-40 Zone District. The garage size is proposed at 14' by 17' and would be at a maximum height of 14 feet. Section 100-30A.4 requires a setback at least 3 feet from the subject side property line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate portion of proposed garage with an insufficient setback at one foot from the side property line instead of the required three feet. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: The granting of the 'area variance will not produce an undesirable change in character of neighborhood or a detriment to Page 2 - April 7, 1998 Appl. No. 4552:1000-99-1-23 (Livanos) Southold Town Board of Appeals nearby properties because garages are a customary use in residential (2) The benefit sought bY the applicant c~nnot be achieved by some method, feasible for applicant to pursue, other tbsn nn area variance due to the topography of the lot in question. This lot contains a ret~inl.ng wall .along its en~dre length with a steep hill beblnd it. (3) The requested area variance is substantial representing a reduction of approximately 66% of the required three ft. setback from the side yard. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be built on an area that has already been made level and in front of the retsining wall there by requiring minimum new excavation. (5) The situation has been self-created and is uniquely related to the characteristics of the layout of the land in that the it is narrow with a steep hill restricting the placement of any structure on the property. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and .the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Ooehringer, it was RESOLVED, to GRANT the relief as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The side yard setback shall be no closer than one foot to the easterly property line. 2. The small shed located on the southwest portion of the rear yard must be removed before a CO is issued for the new garage. in order that lot coverage is under the 20% code limitation. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This resolution was duiy adopted (5-0). ·,~~ ~ ~~//~~, CHAIRMAN / Approved for Filing 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 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 7, 1998 Appl. No. 4548 - JEFFREY WORTHINGTON PARCEL 1000-55-3-28 STREET & LOCALITY: 1025 Long Creek Drive, Southold. DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the northerly side of Long Creek Drive, Southold. Thi.~ property contains a total area of 32,446.41 sq. ft. and is shown on the Map of Yennecott Park as Lot #12. The promises is located in the R-40 Residential Zone District. The survey map updated November 6, 1997 shows two e~i.~ting foundations, one for a new dwelling and the other for the subject accessory garage building. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 20, 1998, which reads as follows: "...Please take notice that your application dated December 12, 1997 ...is returned and disapproved on the following grounds: The proposed-accessory garage being in an R-40 District shall be located in the required rear yard pursuant to Article III-A, 100-30 A.4 which refers you to Article III, 100-33 .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of a 15' x 22' accessory garage in the "as built" side yard location. The "as built" setbacks of the foundation for the garage are confirmed on the November 1997 survey to be 22 feet from the westerly side llne, 50 feet from the front (southerly) property llne, and greater than 105+- feet from the mean highwater mark along Long Creek. The dwelling location is not the subject of the building inspector's disappreval or this variance application. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: The Town Trustees' authorization for construction in thi.~ lot precludes any con.~truction more than 105 back from the street. The house already erected on the lot leaves no room to b,,ild a garage in the rear yard in a location complying with the Trustees' authorization, and applicant therefore wishes to place the garage in the side yard with a setback of over 50 feet from the street and 22 feet from the nearest property line. Page 2 - April 7, 1998 Appl. ~4548:1000-55-3-28 (Worthington) SouthoId Town Board of Appeals Because this is waterfront property, Section 100-33(C] of the Zoning Code permits the garage to be located in the front .yard provided that the front yard setback requirement is met - in this case, 40 feet from the street line. However, there is not enough room in the front yard for a garage complying with this setback requirement. The Board finds that, in light of the location of the house within the lot's buildable area as authorized by the Trustees, the benefit of a garage can be achieved only if it is located in the side yard. The garage setback from the .street complies with the applicable front-yard setback requirement, ~nd the Board finds that .the variance applied for is not substantial because a front-yard location with the same setback would be permitted (if it were feasible). Because of the substantial setbacks of the garage, and because it will be architecturally consistent with the house, the Board finds that the variance will not produce an undesirable change in the character of the neighborhood or detr.hnent to nearby properties. The fact that the garage will be located within the ~,~ authorized by~ the-~Town Trustees provid_~.s, assurance tbat it ~ not ~ ~- adverse imnact on environmental .condiUon · have a~ ~ ~ ~ The Board deems that granting the variance app~lied for is the minimum relie~ necessary-and adequate to achieve the benefit sought while at the S~me ~me preserving and protecting the character of the neighborhood ~nd the health, safety and welfare of the eommlmity. I~ESOLUT~ON/ACTION: On motion by Member Collins~ seconded by Member T°rtora, it was I~ESOLVED~ to~ GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER~ DINIZIO~ TORTORA, HORNING, and COLLIN~~ RE~I~ /w~ duly adopted (5-0) ? *********************************** AS400! txtlk/aetions.all~/55-8-38 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 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 7, 1998 Appl. No. 4551 - KAYLA B. STOTSKY. PARCEL 1000-35-6-33 STREET & LOCALITY: 335 Osprey Nest Road, Greenport, NY DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in a Residential Zone District, being situate on the south side of the Main Road, Cutchogue. The subject land is improved with a one-story frame residence as shown on the October 17, 1973 survey submitted under this application. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated February 9, 1998 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the following grounds: "...When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII 100-231 .... " , AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a six ft. high fence along or within the southerly front yard portion of the subject property. This property line does not extend along a Town Street, however, there is a private "right-of-way" 15 feet in width on the survey map. The length of the applicant-owner's fence is proposed at approximately 93 feet extending directly to the rear (easterly) property line. BOARD REASONS FOR ACTION, DESCRIBED BELOW: A 15-foot right-of-way to a community beach abuts the applicant's property to the South. For privacy, applicant wishes to erect a 6-foot fence along the Easterly two-thirds of the Southerly lot line. Because the right-of-way constitutes a street, the proposed fence is subject to the 4-foot height limit on front-yard fences. The Board accepts applicant's contention that adequate privacy on the south and east sides of the house requires a fence of more Page 2 - APRIL 7, 1998 Appl. #4551 - 1000-35-6-33 (Stotsky) Southold Town Board of Appeals than the allowable four feet; thus, an area variance is necessary if the applicant is to achieve the desired privacy. Because the fence will be erected along what is in fact the side of the property, it will have no significant visual impact on the neighborhood's appearance nor on the character of the neighborhood, and there is no evidence of any detriment to nearby properties. There is no evidence that the proposed fence will have any adverse effect on physical or environmental conditions in the area. The Board concludes that a variance allowing erection of the fence essentially as proposed by applicant is the minimum relief necessary and adequate to achieve the benefil sought while, at the same time ' preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied for, with the following CONDITION: ~he first eight feet of the fence closest to Osprey Nest Road shall be no more than four feet high. VOTE OF THE BOARD: TORTORA, HORNING, adopted (5-0). AYES: MEMBERS GOEHRINGER, DINIZIO, and 'COLLINS. This ~/4vjas~.duly ~ ? GERAR~ P. GOEHRINGER, C~AIRMAN ./.~ Approved for Filing ********************************* as400 / txtlk / Actions. all / 35 - 6 - 33