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HomeMy WebLinkAboutZBA-09/30/1998APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEA!,S TOWN OF SOUTHOLD MINUTES WEDNESDAY, SEPTEMBER 30, 1998 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 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~ 53095 Main Road, Southold New York 11971, on Wednesday, September 30, 1998 commencing at 6:30 p.m. Present were: Gerard P. Goehdnger, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Chairman proceeded with the first item on the Agenda as follows: I. SEQRA - Motion Tortora, and duly carded, List of Actions: was offered by Chairman Goehringer, seconded by Member to declare the following applications as Type II under the State's Appl. No. 4597 - Building Department Interpretation request. Appl. No. 4592 - K. Zachadadis. Setback variances. Appl. No. 4599 - Patdck Mortimer. Shed and decl~ setback variances. Appl. No. 4600 - Ellen Zimmerman. Deck setback. Appl. No. 4601 - R. Smith & ano. Addition and alteration/existing nonconforming cot.tage use. Appl. No. 4602 - C. Comell. Garage setback. Appl. No. 4603 - Arthur Torell. Lot Waiver. Appl. No. 4607 - J. Schdber & J. Ross. Raised brick terrace addition location. Appl. No. 4598- J. Goubeaud. Lot size variances Appl. No. 4611 - Building Inspector's Interpretation Request. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). Page 2 - Minutes Meeting held September 30, 1998 Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS: The Board deliberated on each of the following applications, and rendered determinations at this time. Copies of the original determinations adopted, and filed with the Office of the Town Clerk for permanent record-keeping purposes, . are also attached hereto as though fully written and set forth herein: Conditional approvals: Appl. No. 4592 - K. Zachariadis. Setback variances. Appl. No. 4600 - Ellen Zimmerman. Deck setback. Appl. No. 4601 '- R. Smith & ano. Addition and alteration/existing nonconforming cottage use. Appl. No. 4602 - C. Comell. Garage setback. Appl. No. 4598 - J. Goubeaud. Lot size variances. Interpretation: Appl. No. 4597 -'Building Department Interpretation request. Approval as applied: Appl. No. 4607 - J. Schriber & J. Ross. Raised brick terrace addition location. Appl. No. 4603 - Arthur Torell. Lot Waiver Denial without preiudice: Appl. No. 4599 - Patrick Mortimer. Shed and deck setback variances. III. PUBLIC HEARING: The Chairman proceeded to open the public hearing for Appl. 4611 - Building Inspector's Interpretation Request for a Town-Wide Interpretation, submitted by the Building Inspector for a Determination answering the question: "Does a radio tower and antenna fall under the Provisions of "Wireless Communications" Article XVI of the Southold Town Zoning Code, when it is intended for the pdvate use of an owner who operates a VHF Radio under a License issued to him/her by the FCC for the purpose of communicating, all as part of his/her business, when located in a U,qht Industrial (LI) Zone District." Please see wdtten transcript of discussions during headng from: Charles R. Cuddy, Attorney with Martin Rosen, owner of a newly erected Tower on Sound Avenue, Mattituck. Also present were: Times-Review reporter, Councilwoman Alice Hussie, immediate property owners-neighbors Mrs. Simms and Mrs. Funn, Gwynne representing the N.F. Environmental Council, and nearby property owner, Mr. Fred Bouffard. After receiving testimony, the Chairman offered a motion to RECESS the hearing to October 15, 1998 for a continuation, at 6:15 p.m. in order that a Building Department representative could be present, if possible. The motion was seconded by Member Collins, and duly carried by all the members. This Resolution was duly adopted, and the hearing was recessed. Page 3 - Minutes Meeting held September 30, 1998 Southold Town Board of Appeals IV. RESOLUTIONS/OTHER ACTION! RESOLUTION: motion was offered by Chairman Goehdnger, seconded by Member Homing, and duly carried; to accept advertisement of the following hearings: Confirmed to be held October 15, 1998: Appi. No. 4606 - T. Mastro (carryover) Appl. No. 4608 - B. Caffrey Appl. No. 4610 - D. Garofalo Appl. No. 4612 - D. Burham AppL No. 4613 - H. Rieger Appl. No. 4614- R. Boardman Appl. No. 4615 - P. Chazan and B. Boyd Appl. No. 4616 - C. Maggio Appl. No. 4618 - V. Manago Appl. No. 4620.- G. Starkie Appl. No. 4622 - E. Dart Appl. No. 4623- Laurel Links Sign Appl. No. 4624 - Laurel Links S.E. Appl. No. 4625 - D. Jerome Confirmed to be held November 19"~: Appl. No. 4626 - Faith Reform Baptist Church Appl. No. 4627 - B. Chades Appl. No. 4628 -~ Mr. Woodcock Appl. No. 4629 - Mr. Aksten Appl. No. 4630- J. Holzapfel Appl. No. 4631 - L. Lajda. Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio. Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). OTHER REVIEWS: Appl. No. 4619- A. LETTIERI and GAZZA. Incomplete. Application awaits further information for review and possible recommendation or other data from Engineer on the Page 4 - Minutes Meeting held September 30, 1998 Southold Town Board of Appeals right-of-way construction diagram, and await map from attorney for application showing subdivision info for four lots and/or fire access to each driveway on each lot if lots are single and separate. Also await coordination reply from Planning Board, and Soil and Water Conservation Distdct before advertising. Map submitted with .application does not show wetland areas near right-of-way. Appl. No. 4621 - PONCET (Dee.qan &'Others). Incomplete. Await additional information on lot creation, flood elevations in this flood zone with boundaries, setbacks, and. disclosure of app cant's interest. Appl. No. 4709 - MARY MURPHY. Incomplete pending staking and bluff information. Pending site visits, after staking of proposed dwelling, for Board viewing and possible need for report from Soil & Water Conservation District of Suffolk County, before advertising. OTHER RESOLUTIONS: Motion was made by Chairman Goehdnger, seconded by Member Dinizio, and duly carded, to approve the Min utes of the following Meetings: June 23, 1998 Special Meeting July 23, 1998 Regular Meeting August 13, 1998 Regular Meeting. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). OTHER REVIEWS: >, Correspondence to the Board regarding I. EREY, requesting a rehearing of prior decision. No motion was offered by any Board Member for a rehearing. Appl. No. 4582 - ALI YUKBASIOGLU (R. SCHROEDER), property at East Marion. Pending Board Member reviews and additional information before advertising this application for a headng. ), RESOLUTION: Chairman Goehdnger offered a motion, seconded by Member Dinizio, and duly carded, to calendar the carryover Hearing in the Matter of the Tower Interpretation Request filed by the Building Inspector for 6:15 p.m. on October 15, 200t Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held September 30, 1998 Southold Town Board of Appeals At 8:38 p.m. the chairman called Executive Session to discuss the following pending Litigation: Mattituck Products, Inc. v. Town of Southold Petikas v. Town of Southold Hay Harbor v. Town of Southold Executive Session ended at approximately 9:05 p.m. Brief reviews of pending files and general discussions by Board Members followed. No Board action was taken at 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 9:30 Respectfully submitted Attachments: Case Decisions (lO) Linda Kowalski Board Secretary Approved Gerard P. Goehringer, Chairman ~APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora I_Ora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main~oad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERA'r~ONS AND DETERMINA'I~ON REGULAR MEETING OF SEPTEMBER 30, 1998 Appl. No. 4601 - ROBERTSMITH & ANO, PARCEL 1000-113-9-11 STREET & LOCALD'Y: 505 Pt. Pleasant Road (a/k/a 4328 Westphalia Road as shown on Pre-C.O dated 3/18/87), Mattituck. DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROP~ERTY FACTS/DESCR]:PTZON: The above-referenced property is located on a private mad known as Pt. Pleasant Road, Mattituck. The most recent survey map dated April 13, 1998 shows that the subject premises is improved with the following buildings: (a) single-family dwelling, accessory tennis court structure, accessory in-ground swimming pool structure, and two accessory buildings. The building which is the subject of this variance is the accessory garage building located in the easterly yard area between the house and the small shed. A Pre-Certificate of Occupancy describing this structure as a "cottage and garage" was issued by the Building Inspector March 19, 1987 #Z15385 based upon an Affidavit and survey prepared by Young & Young of July 31, 1972, revised December 8, 1986. The 1972 survey indicated the one-story garage to be 22.4 ft. by 24.4 ft., or 547 sq. ft. BASIS OF APPEAL: Building Inspector's May 28, 1998 Action of Disapproval which reads as follows: "Under Article XXIV, Section 100-241A, the non-conforming use of the accessory garage with cottage cannot be altered, enlarged or reconstructed." VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for alterations to the fagade of the accessory building, in order to make it consistent with the appearance of the house which has bccn remodeled under Building Permit Z24708 issued February 23, 1998. The interior of the accessory building is not to be changed. REASONS FOR BOARD ACTION: 1. Grant of the variance applied for will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the Page 2 - Appl. No. 4601 k Smith & ano.) Re: 1000-113-9-11 ZBA September 30, 1998 DeterminaUon alterations are cosmetic only, and have no effect on the size, layout or use of the accessory garage/cottage structure. There will be no increase in the intensity of the nonconforming use. Moreover, the subject property is quite large and the accessory structure is well screened from the neighbors. The benefit sought by the applicant of architectural harmony surrounding the renovated house (main building) cannot be achieved by any means other than the requested variance allowing fac;ade alterations to the accessory building (garage- cottage). 3. The requested vadance is. not substantial and will not have an adverse effect or impact on physical or environmental conditions. The grant of the requested variance is the mini mu m necessary and adequate to enable the applicant to establish the desired harmony of architectural style on his property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was ~ RESOLVED, to GRANT the variance as applied for, SUB3ECT to the CONDITIONS that: (1) the building remain accessory and incidental to the main building and (2) there shall be no kitchen faciliUes installed in the subject accessory structure. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TO~TORA, co , ~'GE~RD ~. GOEH~NGER, ~HAI~AN / Ol71 Approv~ for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEF~f DATE/o./~,/,¢ ~ Town Clerk, Town of ;fcu~kd.9 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI.S TOWN OF SOUTHOLD Southold Towrt Hall 53095 Main l~oad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30, 1998 Appl. No. 4600- ELLEN ZIMMERMAN PARCEL 1000-38-6-11 STREET & LOCALITY: 500 South Lane, East Madon DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is 67.34 feet wide (along . South Lane) and 178.94 feet decp, for a total area of approximately consists of 12,050 sq. ft. The July 28, 1995 survey prepared by Peconic Surveyors, P.C. shows that the subject premises is improved with a two-story, single-family dwelling and garage. Also shown on the survey along the easterly property line are: (a) a 10' wide right-of-way to the beach, and (b) beyond the southerly property line of the applicant's property are wood bulkheads extending to the high water mark of Gardiners Bay. BASIS OF APPEAL: Building Inspector's July 16, 1998 Notice of DisapProval under Section 100-244B and Section 100-239.4B with respect to the proposed setbacks of the deck addition to dwelling. AREA VARIANCE RELIEF REQUESTED BY APPI.~CANT: Applicant is requesting a variance to locate a proposed 12' by 22' wide unroofed deck addition with a setback at approximately 28 feet from the rear property line, instead of the code required 35 feet, and at approximately 40 feet from the bulkhead, instead of the code required 75 feet; (Note: The bulkhead is shown to be beyond the rear property line towards Gardiners Bay). REASONS/FINDINGS'FOR Ac'r~ON DESCRIBED BELOW: Grant of the two area variances will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the deck addiUon is modest in size and similar in IocaUon in proximity to the rear yard property lines, bulkhead and beach as other decks in the neighborhood. The benefit sought by the applicant cannot be achieved by some methold, feasible for applicant to pursue, other 'than an area variance. The lot is narrow and if the deck were located in a side yard, it would be nonconforming with respect'to setback Page 2 - Appl. No. 4600 Re: 1000-38-6-11 (Zimerman) September 30, 1998 ZBA Decision to the right-of-way and/or side yard Setback requirements. The rear yard variance is not substantial and represents a decrease of seven feet from the code required 35 ft. setback. The variance frOm the bulkhead is substantial. However, the applicant's residence is currently setback 52 fcct from the bulkhead, and the variance would decrease the setback by 12 feet, leaving a distance of 40 feet to the bulkhead and approximately 90 feet to the mean high water mark. The proposed variances will not have an adverse effect or im pact on the phYsical or environmental conditions in the neighborhood or distdct because the deck is located at a sufficient distance from the rear yard property line and bulkhead to protect the integrity of the bay and adjacent beach area. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE CONDITION that the deck remain open and unroofed. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, HORNING. This Resolution was du~ Approved for Filing 1000-38-6-11 RECEIVED AND Town Clerk, Town APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEA~ TOWN OF SOUTHOLD Southold Town Hall 53095 Main~oad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS~ DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30 ~ 1998 Appl, No, 4603 -- ARTHUR TORELL PARCEL 1000-33-2-10 (& 11) STREET & LOCALITY: 365 and 465 Westwood Lane, Greenport DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTTON: The subject property is located on the westerly side of Westwood Lane, Greenport. The property is shown as Lot No 67 and 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 Nap 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. ~.~.26 Absl~act No. 5155. BASIS OF APPEAL: Building Inspector's August 4, 1997 (re-written September 21, 1998) Notice of Disapproval which indicated that under Section 100-25, the. two properties were merged as one in this R40 Residential Zone District. RELIEF REQUESTED ;BY APPLICANT: The request made by applicant is to re- separate (unmerge) Lots 67 and 68 shown on the Map of Eastern Shores, Section Two by E~ard of Appeals approval for a Waiver under Section 100-26 of the Zoning Code. REASONS FOR BOARD ACT[ON: 1. Merger of Lots #67 and #68 occurred with the Town Board's adopUon (11/28/95) of Local Law No. 23, which became effective 3anuary 1, 1996. Prior to January 1, 1996, all lots in the Eastern Shores Subdivision, including the applicant's Lots #67 and #68, were excepted from the lot ama and lot width requirements of the Zoning Chapter. The exemption existed for 24 years, since 1973. The applicant submitted plans in 1993'to the Town .Trustees and the New York State DEC to consbuct a single-family residence on Lot #67, indicating lot #68 as a vacant and single and separate lot. Page 2- Appl. No. 461]'~[.Torell) Re: 1000-33-2-10 (& [J.) ZBA September 30, 1998 Determination 3. The' applicant has testified that he only became aware that the two lots had merged this year when he sought to reactivate his building permit. RESOLUTION/ACTION: Accordingly, on motion by Member _Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the Waiver of merger in accordance with the application for the following reasons: 1. Most of the Eastern Shores Subdivision is developed with single-family residences on lots similar in size to each of the two lots that would be recognized by this waiver of merger. 2. The two lots were created by subdivision and protected on the Town's Exception List from 1993 until 1997. 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No adverse environmental conditions are antidpated that would not otherwise be ~ addressed by the Town Trustces Or the State DEC. ~._ VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, COLLINS. (Member Homing was absent during this action.) adopted (4-0). DINIZIO, TORTORA, AND This Resolution was duly //.. ""GERARD P. GOEHRINGER ~" CHAIRMAN 10/7/98 Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/o/?,/~' HOUR ~ Town ~ezk, Town of Southck{ 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 RBad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30,, 1998 Appl. No. 4592A & B - KOSTAS ZACHARIADIS PARCEL ID: 1000-103-5-2.2 STREET & LOCALITY: 1697 Little Neck Road (on private ROW), Cutchogue DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property consists of a total area of .815+- acre, with 170.79 ft. frontage along the southerly side of a private (unnamed) right-of-way and with 231.29 ft. frontage along the westerly side of an unused right-of- way. The April 6, 1998 survey shows an existing two-story, single-family dwelling with wood deck and porch areas, an existing accessory garage, and sketched:in proiSosed swimming pool on the easterly side of the house, set back ten (10) feet from the up. used fight-of-way. BASIS OF APPEAL:. Two Building Inspector Notices of Disapproval dated June 12, 1998 stating that: (1) under Section 100-33, the proposed swimming pool must be located in the rear yard; (2) under section 100-244B, the "as built" deck is in violation of the required minimum setback of 50 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant is requesting: (a) a location of a swimming pool at the easterly side of the property, with a setback at 10 feet from the easterly property line; (b) approval of the location of the "as built" deck addition to dwelling, which is approximately 31 feet from the easterly property line. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: 1. Location of the swimming pool only ten (10)feet from the easterly property line Page 2 - September 30, Re: 1000-103-5-2.2 (Zachariadis) ZBA Decision with Conditions would constitute a detriment to nearby properties in the event that the right-of-way is opened. 2. Applicant's difficulty with respect to the pool location is self-created, and his property is large enough to afford alternative locations for the pool. The "as built" deck poses no threat to neighborhood character nor detriment to nearby properties so long as such deck remains open to'. the sky and unsided (except for a railing). 4. There is no evidence to indicate that either the pool or the deck will have an adverse impact on physical or environmental conditions. The Board finds that the determinations set forth below are the minimum necessary and adequate to enable applicant to enjoy the benefit of a pool and deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUT[ON/AC1-J:ON: Collins, it was On motion by Chairman Goehringer, seconded by Member RESOLVED, to grant a Variance: (1) approving the "as built" deck and (2) authorizing a location of a swimming pool, as noted below and subject to the following conditions: 1) Such deck shall remain open to the sky and unsided, except for a railing; 2) Such pool shall be located so that its edge is no less than twenty (20) feet from the eastedy property line at its closest point, and shall otherwise comply with applicable requirements for the setback of accessory structures. Such pool shall be unattached to the dwelling structure. The fence enclosure and any proposed patios shall be located to allow a full 16-ft. wide clearance, open and unobstructed, from the easterly property line. 3) The right-of-way access to applicant's driveway shall be updated with the following minimum improvements pursuant to New York Town Law, Section 280-a, and be continuously maintained at all times: a) minimum width of 15 feet, open and unobstructed within the right-of- way; and bank run or equivalent material shall be placed with a minimum of two inches (2'7 of stone blend to a width of 10 ft. to 12 ft. Page 3 - September 30, lb~a Re: 1000-103-5-2.2 (Zachariadis) ZBA Decision with Conditions from applicant's driveway to the town street (Little Neck Road). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, D!NIZIO, TORTORA, HORNING, AND COLLINS. This Reso~uly a.d~/~?),]f / GERARD p: GOEHRINGER, CI~IRMAN Approved for Filing 10/?/9~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD South°ld Town Hall 53095 Main R%ad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS~ DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30~ 1998 Appl. NO. 4602 - CLIFFORD AND RUTH CORNELL 1000'56-6'26 STREET & LOCALITY: LOt #24 at Willow Point~ 325 Willow Point Road~ Southold DATE OF PUBLIC HEARING: September 24~ 1998 biNDINGS O? FACT PROPERTY FACTS/DESCRIPT~ON: The above-referenced property is located along Willow Point Road with frontage along an underwater canal (Budd's Pond), Southold. The June 5, 1998 survey map prepared by Joseph A. [ngegno, L.S. shows that the property size is 18,216.04 sq. ft., or .418 of an acre in size (to the filed map line). The property is improved with a one-story frame house with attached garage, sunroom and wood deck areas. Accessory in-ground swimming pool and gazebo structures exist in the rear yard (north of the dwelling). The property has 110.04 ft. of bulkhead, and a wood retaining wall near the northerly edge of the in-ground pool/deck areas. BASIS OF APPEAL: Building Inspector's September 4, 1998 Notice of Disapproval with respect to the "as built" 2.8 ft. setback, and two other NoUces of Disapproval dated July 28, 1998 with respect to lot coverage and Section 100-33. (Note: Section 100-244B for nonconforming lots). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant has applied for a building permit for the "as built" 78 sq. ft. accessory gazebo structure which is located in the northeasterly yard area, at a set back of 2'9" from the side property line, instead of the minimum 3 ft. required by Code. Also requested is a total lot coverage of 4,289+- sq. ft. calculated for ali building area, which is confirmed by the Building Inspector to be 646 sq. ft. over the allowable 20% (3,643 sq. ft. + 646 sq. ft. = 4,289 sq. ft.). The total lot size is 18,216 sq. ft. Page 2 - ~eptember 30, :L998 Appl. No. ~602:1000-§6-6-26 (¢ornell) $outhold Town Board of Appeals REASONS FOR BOARD ACTIONf DESCRTBED 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 gazebo is a small decorative structure with open sides located in the rear yard. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the swimming pool was built in 1977 and the decks were built in 1983, all in accordance with permits issue by the Town Building Inspector. Requiring the removing of enough of the existing structures to bring the total lot coverage down to 20% is not feasible. In addition, requiring the applicant to move the gazebo three inches to meet the side yard setback is not necessary because the structure is located in the rear yard where three inches will not be noticed. (3) The requested area variance is not substantial. The gazebo will add 78 square feet, less than two (2%) percent, to the total lot coverage. 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 EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINA'I'[ON REGULAR MEETZNG OF SEPTEMBER 30, 1998 ApPl. NO. 4598 - ESTATE OF WILLIAM F. GOUBEAUD PARCEL :1000-70-10-37 STREET IA LOCALITY: 2950 Pine Neck Road, Southold. DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property consists of a total area of 63,638.03 sq. ft., with 111.47 ft. frontage along the south side of Pine Neck Road and 110 feet along the easterly side of Gagen's Landing ROad, Southold. The July 23, 1998 survey map prepared by Joseph A. Ingegno, L.S. confirms that the properly is improved with one single-family, one-story frame dwelling situate approximately 74 feet from the northerly front property line along Pine Neck Road AND AN ADJACENT FRAME GARAGE. The property is in the R-40 Residential Zone District. BASIS OF APPEAL: Building Inspector's July 23, 1998 Notice of Disapproval of application to subdivide the property. The reason for disapproval is that the proposed subdivision would create a nonconforming lot of 23,638 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of a division of the property into Parcel I of 23,638 sq. ft. fronting Pine Neck Road, and Parcel 2 of 40,000 sq. ft. with 110 ft. frontage along Gagen's Landing Road. The existing single-family dwelling would be situated on proposed Parcel i with a rear yard setback of more than 90 feet. The building area (envelope) is not shown on proposed Parcel 2 at this time. REASONS FOR BOARD Ac'rzON: Page2 - Appl. No. 4598 Re: 1000-70-10-37 (Goubeaud) ZBA September 30, 1998 Determination The property was acquired by Mr. and Mrs. William Goubeaud in 1951, and the family home was built in the northern section at about that time. The Goubeauds' son _left Goubeaud has lived in that home all his life. Testimony was given that the family believed that the property had been divided into two lots in about 1966. William Goubeaud, believing there to be two lots, bequeathed one to his son Jeff and the other to the daughter of his deceased son. But this testamentary intent cannot be-carried out because the property in fact comprises only one lot. Because neither legatee is in a position to purchase the other's nonconforming lot containing the home, to be transferred to .left Goubeaud, and an unimproved 40,000 sq. ft. conforming lot to be transferred to the other legatee. Testimony was heard to the effect that the need for County health approvals for future construction on the unimproved lot dictated that such lot be sized at no less than 40,000 sq. ft. On the basis of testimony presented and personal inspection, the Board made the following findings: Grant of the requested variance is the only means by which the Estate of William Goubeaud can accomplish his testamentary intent of leaving the family home to .leff Goubeaud and a buildable lot to the other legatee. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting Pine Neck Road will not change, and a conforming lot, larger than most in the area, will be created fronting on Gagens Landing Road. 3. The requested variance is not substantial because the improved lot will be approximately the same size as surrounding lots and the unimproved lot Will be substantially larger. 4. There are no factors present to indicate that the requested area variance will have any adverse impact on physical or environmental conditions. The requested variance is the minimum necessary and adequate to enable the applicant Estate to carry out decedent's wishes, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance as applied for, SUB-lECT TO THE COND]:T]:ON that Parcel 2 (the 40,000 sq. ft. parcel) shall be subject to a covenant, to be filed with the Suffolk County Clerk, that will prohibit future subdivision. Grant of this Variance for Parcel 1 is in consideration of and conditioned upon the imposition of such covenant. (A copy of Page 3 - Appl. No. 4598 Re: :1000-70-10-37 (Goubeaud) ZBA September 30, :1998 Determination the filed Covenant(s) shall be furnished for the permanent records of the Board of Appeals.) VOTE OF THE BOARD: AYES: MEMBERS GOE~INGER, DINIZIO, TORTORA, COLLINS, HORNING. This Resolution was duly ad~pte~ ~0). ~....~~ / ,,.-' //~- ~ ./ f .... //..,".'~E~RD P. ~OEHR~NGER, C~A~R~AN "Approved for Filing 1000-70-10-37 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Math 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 BOARD MEETING OF SEPTEMBER 30~ 1998 Appl. NO. 4594 - MARK AND NANCY FERRARIS PARCEL 1000-27-2'2.10 STREET & LOCALITY: 3585 Orchard Street~ Orient DATE OF PUBLTC HEARING: August :L3~ 1998 and Sept. 24~ 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This five-acre parcel is known as Lot #10 on the Map of Settlers at Oysterponds, Orient, and fronts along two streets: Orchard Street and Platt Road (a/k/a Halyoake Road). The July 17, 1997 survey map shows the existing two-story frame house with roofed porches and second-story deck, the existing accessory garage, and the existing accessory tennis court structure. BASIS OF APPEAL: Building Inspector's June 15, 1998 Notice of Disapproval which reads as follows: "Under Article XXIII, Section 100-231B, fences located in side or rear yards shall not exceed 6-1/2 ft. in height .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant requests a variance to construct an 8 ft. high black chain link fence to enclose both 60 ft. ends of an existing 120 ft. by 60 ft. asphalt tennis court structure and to extend the 8 ft. fence a distance of 30 feet from the end corners leaving the remaining 60 ft. open between both ends. (Note: Building Permit No. 24817 for the existing tennis court and posts was issued 4/7/98.) Applicant confirmed the setback at 50 ft. from the southeast property line. No lighting is proposed. REASONS FOR BOARD ACTION: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the existing tennis court is located in the rear yard of applicant's five-acre property. The potential visual impacts of the requested 18-inch high variance will be obscured by the use of black chain-link fencing. Page 2 - September 30, 1998 Decision: 1000-27-2-2.1 (Ferraris) Southold Town Board of Appeals The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the town code's 6 ft. 6 in. height limit is not sufficient to prevent tennis balls from straying outside the court. The fence height requested is commonly used for tennis courts to facilitate play, and is ne±thez' unusual or excessive. 3. The requested area variance is not substantial. The applicant is requesting an 8 ft. high fence, an increase of 18 inches over the code-permitted 6 ft. 6 in. limit. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the tennis court is located on a large five-acre parcel, and the use of the black chain-link fencing will help screen it from view. 5. The difficulty has been self-created. In considering this application, the Board deems the relief requested is 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. RESO LUTIO N/AC-I-~O N: Homing, it was On motion by Member Tortora, seconded by Member RESOLVED, to GRANT the variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITION: The tennis court shall contain no lighting nor be lighted from an external source. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, HORNING. This Resolution was duly adopted /~GERAI:L~ P. GOEHRINGER,' CHAIRMA~I Approved for Filing 10/~z98 16/g'/~ ~ 27-2-2.10 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 BOARD OF APPEALS DETERMINATION TOWN-WIDE INTERPRETATION MEETING OF SEPTEMBER 30, 1998 Appl. No. 4597 - BUILDING DEPARTMENT by Edward Forrester, Director of Code Enforcement LOCATION OF PROPERTY: Town-Wide, Town of Southold DATE OF PUBLIC HEARING: September 24, 1998 SECTION OF CODE INTERPRETED: 100-259 Land Clearing WHEREAS, Application No. 4597 is a written request for an INTERPRETATION of the Zoning Code, Article XXV, Section 100-259 "Land Clearing to determine whether or not "This Section applies to vacant land in all zoning districts"; and WHEREAS, after due notice a public hearing was held by the Board of Appeals on September 24, 1998 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York to consider the Building Department'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 100-259 "Land Clearing" of the Zoning Code reads as follows: § 100-259. Land clearing. [Added 8-8-1995 by L.L. No. 17-1995 EN] No person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained site plan approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any landowner found guilty of violating this section shall be fined up to five thousand dollars ($5,000.). Site plan approval shall be withheld until and unless a plant restoration plan for that site is approved by the Planning Board. On motion offered by Member Horning, seconded by Member Collins, 1T IS RESOLVED, that the question of the Southold Town Building Department is hereby ANSWERED as follows: Yes, Section 100-259 Land Clearinq does apply to vacant land in all APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main l~oad 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 BOARD MEETING OF SEPTEMBER 30, 1998 Appl. No. 4599 - PATRICK MORTIMER PARCEL 1000-81-1-8 STREET & LOCALITY: 3895 Paradise Point Road, Southold. DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the northerly side of Paradise Point Road, Southold. The May 22, 1998 survey map shows that the subject premises contains a total area of approximately 25,000 sq. ft. and is improved with the following buildings: (1) one-story single-family dwelling 37.5 feet from Robinson Road, at its closest point; (2) 16' by 32' in-ground swimming pool with wood deck, all shown at 20 feet from the westerly side property line; (3) 10' by 12' (approx.) accessory shed "as built" north of the existing swimming pool, and (4) to the north of all buildings, a brick patio and wooden bulkhead. BASIS OF APPEAL: Building Inspector's July 23, 1998 Action of Disapproval with respect to Section 100-239.4B and the required 75 ft. setback from bulkheads adjacent to tidal water bodies. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for (1) approval of the "as built" shed as located in the rear yard at approximately 48 feet from the bulkhead; and for (2) permission to locate a proposed raised deck addition at the rear of the dwelling at approximately 48 feet from the bulkhead, at the closest points. REASONS: (1) An undesirable change will not be produced in the character of neighborhood or a detriment to nearby properties because the new deck and shed will be located in the rear of the house not visible from the street. (2) The benefit sought by the applicant cannot be achieved some method, feasible for applicant to pursue, other, than an area variance, because this lot is small. Applicant has declined any suggestion of alternate relief and therefore alternative Page 2- September 30, 1998 Appl. No. 4599 Mortimer (:[000-81-:t-8) Southold Town Board of Appeals relief was not adopted at this time. (Agent for the applicant chooses to apply for different relief in a new application for alternative relief if the present application was not granted.) (3) l'he relief as requested in this application is substantial. The deck requested is 14 feet (wide) deep at its largest point causing the need for a 36%.variation from the 75 ft. rear yard setback. The relief requested is not the minimum necessary and adequate. ]In light of the fact that the agent for the applicant has declined any suggestion or ruling for an alternative, the Board decided not to offer alternative relief in its denial at this time. The Board's denial of the present application includes, however, the right for applicant to apply, without prejudice, for alternative(s). RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, that the relief as aPplied, is hereby DENIED WITHOUT PREJUD]ICE. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was d~ly~ a~5-0). ~ ~ ,,~E"RARD P. GOEHRINGER, C~A]IRMAr~/ / 10/~'/98 Approved for Filing 1000-81-1-8 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town. Hall 53095 Main l~oad 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 SEPTEMBER 30, 1998 Appl. No. 4607 - JON SCHRIBER AND JANE ROSS PARCEL ID #: 1000-117-3-10 STREET & LOCALITY: 1295 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: September 24f 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the northerly side of Old Harbor Road, Suffolk. The August 19, I997 survey shows a lot size of 19,476 sq. ft. (including land underwater) and the following buildings: 2-1/2 story frame single- family dwelling and accessory storage shed. Also shown is the subject raised brick patio with timber border. BASIS OF APPEAL: Building Inspector's July 15, 1998 Notice of Disapproval with respect to section 100-244B and a setback of less than the required 35 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of the "as built" raised, unroofed patio (addition) at 14.5+- feet from the southerly front property line, along Old Harbor Road, as more particularly shown on the August 19, 1997 survey prepared by Stanley J. Isaksen, Jr. 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 "as built" patio is not more than seven (7) inches above grade at any point. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The patio is raised to insure water drainage is away from the house and for aesthetic reasons. (3) The requested area variance is not substantial. (4) The variance will not have an adverse effect or impact on the physical or Page 2 - September 30, 1998 Appl. No. q607 - 1000-117-3-10 (Schriber) Southold Town Board of Appeals environmental conditions in the neighborhood or district. (5) The alleged difficulty has been self-created. (6) Tn 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. RE$OLUT:[ON/ACTTON: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for. o/y'/98 ,../~ Approved for Filing 1000-117-3-10