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HomeMy WebLinkAboutZBA-05/20/1999 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 j ,> APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, MAY 20, 1999 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 20, 1999 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora,' Member George Horning, Member Linda Kowalski, ZBA Secretary Absent was: Member Lora S. Collins. 6:30 p.m. Chairman Goehringer called the meeting to order. 6:32 p.m. DELIBERATIONS/DECISION: Appl. No. 4677 - STEPHEN SCACE. The Board deliberated and rendered its approval with a 4-0 vote. (Copy of the original determination is attached and incorporated herein.) AGENDA ITEM I: SEQRA Determinations, as follow: RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to ADOPT the following declarations under SEQRA: A. Unlisted Actions and Declarations of No Adverse Effect for the following: V. Torre Variance applicç¡tion. A. Paliouras Variance application. "Page 2 - Minutes Regular Meeting of May 20, 1999 Southold Town Board of Appeals B. Type II Actions (no further steps under SEQRA): P. Steele M. Grumet M. Wiggin L. Richards C. Theophilos L. Trapido B. Shapiro L. Sanders/M. Zuhoski) W. Price. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). * * * AGENDA ITEM II. PUBLIC HEARINGS: Each individual· Legal Notice was read, introducing of each of the following hearings: PUBLIC HEARINGS 6:34 p.m. Appl. No. 4669 - GERALDINE FEREND. This is a request for a Lot Waiver under Article II, Section 100-26, regarding Lot #249, Amended Map A of Nassau Point Club Properties. This lot is substandard in size, and the merger determination was issued in a / June 22, 1998 Notice of Disapproval under Article II, Section 100':25 for the reason that the lot has been merged with Nassau Point Club Lot #250 on or after June 1, 1983. Location of Property: 5125 and 5345 Vanston Road, Cutchogue, NY; County Tax Map Parcels 1000-111- 14-1 and 2. Gary Flanner Olsen, Esq. and Mrs. Ferend, the applicant, appeared. Also appearing was Mr. Peter Kreh, an appraiser with Coldwell-Celie Realty in Mattituck, sworn in by the Chairman. Mr. Kreh offered financial information about the property, showing values with and without the variance. Thomas and Ann Higgins also appeared in support of the application as immediate neighbors. (There were no objections raised during the public hearing.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close/conclude the hearing. This Resolution was duly ADOPTED. The Chairman indicated that a determination was expected to be rendered after deliberations on June 7, 1999, the date of the Board's next open meeting (Special Meeting.). 6:40 p.m. Appl. No.4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, . disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. Mr. J. Fitzgerald of Proper-T Services and Mr. Torre Page 3 - Minutes Regular Meeting of May 20, 1999 Southold Town Board of Appeals both spoke in behalf of the application. Board Members asked the applicant to address the "use variance" standards which have not as yet been submitted. The applicant and his agent chose to postpone the hearing in order to consult further about the "use variance" standard of law. At the end of tonight's testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess the hearing, with a continuation on THURSDAY, JUNE 24, 1999 at approximately 6:30 p.m. for the additional information requested. This RESOLUTION was duly ADOPTED (4-0). 7:23 p.m. Appl. No. 4686 - ANDREA AND STACEY PALIOURAS. This is a request for a Variance under Article X, Section 100-102 based upon the October 20, 1998 Notice of Disapproval for a permit to use part of an existing dwelling, disapproved in this B Business Zone District for a Gift Shop for the reason that an additional use (for a gift Shop) is proposed on an insufficient lot area of 51,400 sq. ft. (in conjunction with a principal dwelling use). Location of Property: 32570 C.R. 48, Peconic, NY; 1000-74-4-9. Gary Flanner Olsen, Esq. appeared with the applicants, Mr. and Mrs. Paliouras. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close/conclude the hearing. This Resolution was duly adopted (4-0). 7:40 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Article II, Section 100-26, regarding a substandard lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road. The March 22, 1999 Notice of Disapproval states that the Zoning Code Article II, Section 100-25 merges this lot with an adjacent lot to the west (which fronts along the Main Road), identified as 1000-114-06-03. The lot which is the subject of this Waiverrequest is identified on the County Tax Maps as 1000-114-6-5. After reading the Legal Notice, the Chairman asked if there was anyone who wished to be heard regarding this application, and there was no reply. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and du~y carried, to accept Mrs. Steele's request for a postponement until June 24, 1999. This Resolution was duly adopted (4-0). 7:42 p.m. Appl. No. 4688 - MARILYN GRUMET. This is a request for a Variance under Article XXIV, Section 100-244, based upon the March 12, 1999 Notice of Disapproval for a permit to construct two decks with insufficient front and rear yard setbacks. Location of Property: This is a corner lot located on the east side of Beebe Drive and the south side of Wilson Road, Cutchogue, NY; Parcel 1000-103-9-4. Mrs. Adelaide Amend appeared for the applicant. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED to close/conclude the hearing. This Resolution was duly adopted (4-0). 7:46 p.m. Appl. No. 4689 - MERLON AND ISABELLE WIGGIN. This is a request for a Variance under Article XXIII, Section 100-232B, based upon the January 21, 1999 Notice of Disapproval, for approval of total height of "as built" berm along/within front yards at 10940 Main Road, East Marion, NY; 1000-31-11-13. Mr. Wiggin appeared and spoke in behalf of his application. Speaking against the application was Bob O'Brien regarding visibility and other concerns with the Route 25 turn and exiting Truman's Path. After receiving testimony, motion was made by Member Horning, seconded by Chairman Goehringer, to close the 'Page 4 - Minutes Regular Meeting of May 20, f999 Southold Town Board of Appeals hearing at the Board's Special Meeting to be held JUNE 7, 1999. This Resolution was duly adopted (4-0). 8:08 p.m. Motion was made by Member Dinizio, seconded by Chairman Goehringer, to take a short break at this time. 8: 15 p.m. Motion was made by Member Horning, seconded by Chairman Goehringer, to reconvene the meeting and continue public hearings at this time. 8: 15 p.m. Appl. No. 4690 - LOUISE RICHARDS. This is a request for a Variance Article XXIV, Section 100-244 based upon the March 18, 1999 Notice of Disapproval, for permission to construct an addition which will have an insufficient front yard setback, in part, at 400 Marlene Lane, Mattituck, NY; 1000-143-2-24. After receiving testimony, motion was made by Member Horning, seconded by Chairman Goehringer, and duly carried, to close/conclude the hearing. This Resolution was duly adopted (4-0). 8:18 p.m. Appl. No. 4691 - CELESTE THEOPHILOS. This is a request for a Variance under Article XXIII, Section 100-239AA(1), based upon the April 1, 1999 Notice of Disapproval, for a permit to construct second-story addition with 4 ft. balcony and "as built" first floor deck (most of existing deck replaced a former porch), all located within 100 feet from the top of the L.I. Sound bluff at 20365 Soundview Avenue, Southold, NY; 1000-51-4-9. Joe Diaz, Builder, appeared and spoke in behalf of the application. 8:24 p.m. The Chairman indicated that the next hearing was canceled for the reason that Chapter 58 was still outstanding, and confirmed that the hearing will be held on June ih. subject to Notice as required by Chapter 58 by applicants or their attorney: Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. This is a request for a Variance under Article IlIA, Section 100-30AA based upon the March 24, 1999 Notice of Disapproval, for a permit to construct accessory swimming pool in a front yard area, rather than the required rear yard, at 6305 Horton's Lane, Southold, NY; Parcel 1000-54-7-18.8. (It was noted that the hearing was advertised by the Town, but the certified mailings were not completed by applicant.) 8:25 p.m. Appl. No. 4693 - L. TRAPIDO. This is a request for a Variance based upon the December 1, 1998 Notice of Disapproval, Article XXIV, Section 100-244B for a permit to construct an addition (deck and existing storage building) which will have a cumulative side yard total of less than 35 feet, at 205 Carrington Road, Cutchogue, NY; Parcel 1000-111-11- 27. Mr. and Mrs. Trapido both appeared in behalf of their application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close/conclude the hearing. This Resolution was duly adopted (4-0). 8:28 p.m. Appl. No. 4694 - BARRY SHAPIRO. This is a request for a Variance under Article XXIII, Section 100-239AB, based upon the March 17, 1999 Notice of Disapproval, for permission to construct deck which is proposed within 75 feet of existing bulkhead, at 625 Wood Lane, Peconic, NY; Parcel 1000-86-6-7. Mr. Shapiro appeared in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded 'Page 5 - Minutes Regular Meeting of May 20, 1999 Southold Town Board of Appeals by Member Dinizio, and duly carried¡ to close/cónclude the hearing. This Resolution was duly adopted (4-0). 8:30 p.m. Appl. No. 4672 - DOUGLAS AND AMY ROSE. A Variance is requested under Article XXIV, Section 100-244¡ based upon the December 3¡ 1998 Notice of Disapproval which states that the proposed addition at less than the required 15 ft. side yard setback at 500 Maple Lane¡ Southold; 1000-64-01-20. Mr. Bruce Anderson (Suffo~k Environmental Consulting) appeared in behalf of the applicants. Having concerns and objections was Mrs. Maureen O'Donnell¡ the closest property owner to the project. Also with concerns and objections were neighbors¡ Mr. and Mrs. W. Smith and Mr. Bob Gammon. After receiving testimony and information¡ motion was made by Chairman Goehringer¡ seconded by Member Dinizio¡ and duly carried¡ to close/conclude the hearing. This Resolution was duly adopted (4-0). 8:58 p.m. App!. No. 4673 - JOHN (HANS) LANG. A Variance is requested for a shed location in a front yard¡ under Article IIIA¡ Section 100-30A.4¡ based upon a January 28¡ 1999 Notice of Disapproval. Location of Property: 190 Osseo Avenue¡ Southold; 1000-87-3-20. Mr. Lang appeared in behalf of his application for a shed¡ which replaces a former shed. Also appearing and speaking in support of the application were: Mr. John Boyle¡ Mrs. West Washor¡ Edna Sheraton¡ Mr. and Mrs. Ultmann¡ Mr. Steve Glasser. After receiving testimony and other information¡ motion was made by Chairman Goehringer¡ seconded by Member Dinizio¡ and duly carried¡ to close the hearing. This Resolution was duly adopted (4-0). * * * RESOLUTION: Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. Motion was offered by Chairman Goehringer¡ seconded by Member Horning, and duly carried, to CALENDAR and ADVERTISE App!. No. 4692 for an second public hearing to be held June 7¡ r 1999 (at approximately 7:00 p.m.), subject to conformance by applicant of Chapter 59 - Public Notices by Certified Mail and Posting of Sign. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA¡ HORNING. This Resolution was duly adopted (4-0). (Member Collins was absent - out of the Country.) (Also Agenda Item III-D). * * * II. PUBLIC HEARINGS, continued: 9:00 p.m. App!. No. 4674 - STEPHEN FRIEDMAN. (Continuation from April 22¡ 1999 hearing). Variance for cumulative side yards for dwelling addition at 2140 Deep Hole Drive¡ Mattituck; 1000-123-04-4.1. Thomas Ludlow, Builder, appeared and spoke in behalf of the applicants. Mrs. Elaine Villano appeared in opposition to the proposed variance. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried¡ to close/conclude the hearing. This Resolution was duly adopted ( 4-0). 'Page 6 - Minutes Regular Meeting of May 20, 1999 Southold Town Board of Appeals 9: 11 p.m. Appl. No. 4700 - LAURIE SANDERS/MICHAEL AND GERALDINE ZUHOSKI. This is a request for a Variance under Article III-A, Section 100-30AA for a permit to locate dwelling, placing the preexisting barn building in a side yard at 26481 Main Road, Cutchogue, NY; Parcel 1000-109-2-13.6. Mrs. Laurie Sanders appeared and spoke in behalf of the application (as contract vendee). Also speaking was Cathy Sepko, an immediate neighbor with concerns about use of the private right-of-way and another parcel nearby. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close/conclude the hearing. This Resolution was duly adopted ( 4-0). 9:19 p.m. Appl. No. 4695 - WILLIAM J. PRICE, JR. This is a request for a Variance under Article XXIV, Section 100-244, based on the February 1, 1999 Notice of Disapproval, for a permit to locate new dwelling, a portion of which is proposed at less than 40 feet from the front property line at 100 Bay Road, Greenport, NY; Parcel 1000-43-5-10. Mr. Dick Roman spoke in favor of the application. After receiving testimony! motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: AYES: All (4-0). End of Hearings. * * * AGENDA ITEM III. DELIBERATIONS/DECISIONS: Approvals with Conditions (copies attached): Appl. of S. Scace (Fishers Island), by S. Ham. Appl. of M. Grumet Appl. of C. Theophilos Denial with Grant of Alternate Relief: Appl. of A. Palumbo Approvals: M. Zuhoski/L. Sanders W. Price J. Lang * * * AGENDA ITEM IV. RESOLUTIONS/CORRESPONDENCE/OTHER: A. Code Committee on Zoning Matters (none scheduled). B. RESOLUTION: Hearings for June 24, 1999: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to CONFIRM the following applications for public hearings to be held on June 24, 1999, and to AUTHORIZE advertising of the Legal Notice as prepared in the official newspaper of the Town (Suffolk Times): #4696 - George and Eileen McGough by E. Thompson, Architect. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 ,/œ~¡':ALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING MAY 20, 1999 Appl. No. 4688 - MARILYN GRUMET Parcel: 1000-103-9-4 STREET & LOCALITY: 3245 Beebe Drive (and Wilson Road), Cutchogue DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 21,636 sq. ft. with triple road frontages: along Wilson Road (north) and Beebe Drive (west and south) in Cutchogue. The dwelling is approximately 38.4 feet to the stoop at the west side of the dwelling, and 37.2 feet to the northerly front property line, at its closest points. The easterly rear yard setback is 39'41/ from an existing deck, which deck would be replaced by a new deck, noted below. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated March 12, 1999 citing Article XXIV, Section 100-244.B for the reason that the Code requires a minimum front yard at 40 feet and minimum rear yard of 50 feet. The applicant's front yard is proposed to be 38'4" for a front porch (deck with overhang), and the rear yard is proposed at 38'4" for a new deck. No other variance has been requested through this building permit/appeal process. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a proposed 16' by 20' ft. deck addition at the easterly rear side of the dwelling, with a setback at 38'4" from the easterly property line, and a front deck with overhang at 38'4" from the westerly front property line at its closest points. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1) Grant of the area variances will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the variances are minor, relating to reductions of approximately 12 inches from the existing setbacks. The remaining (nonconforming) setbacks of the dwelling are unchanged and will remain as exist, without reduction. 2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than area variances. 3) The requested area variances are not substantial, representing a reduction of approximately one foot in the existing setback for each the front yard and the rear yard. 4) There is no evidence that the grant of the variances will have an adverse effect or impact on '~-------" ",._.,-..~--_.__.~_"'. Page 2 - May 20, 1999 ·ZBA Appl. No. 4668 - Marilyn Grumet Parcel ID 1000-103-9-4 the physical or environmental conditions in the neighborhood or district because the setbacks of the dwelling in all other respects will remain with its present setbacks, without reduction. (5) The alleged difficulty has not been self-created. In considering this application, the Board finds that a variance for construction of the proposed decks is the minimum necessary and adequate, and at the same time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION! ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT to the CONDITION that the deck remain open to the sky. VOTE OF THE BOARD: (Member Collins was absent.) (4-0). Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS¡ DELIBERATIONS AND DETERMINATION MEETING OF MAY 20¡ 1999 App!. No. 4673 - JOHN (HANS) LANG PARCEL: 1000-87-3-20 STREET & LOCALITY: 190 Osseo Avenue¡ Southold DATE OF PUBLIC HEARING: May 20¡ 1999 FINDINGS OF FACf PROPERTY FACfS/DESCRIPTION: The applicanes property fronts along two streets¡ Osseo Avenue and Minnehaha Blvd, Southold. The property contains a total lot area of 11,671 sq. ft., 87.20 ft. along Osseo Avenue, 70 ft. along Minnehaha Boulevard, and variables in depth at 135.87 ft. along the northerly property line and 194.20 ft. along the southerly property line. The property is improved with a one-story frame dwelling with screened porch, and the "as built" shed located in a front yard area at the northwesterly corner of the property. BASIS OF APPLICATION: Building Inspector's January 28¡ 1999 Notice of Disapproval citing Section 100- 30AA for an accessory shed located in a front yard area rather than a rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for approval of the location of the "as built" shed in the westerly front yard because there is no yard on this lot which is defined to be a rear yard under the current definitions of the zoning code. The survey prepared by Peconic Surveyors updated December 7¡ 1998 shows the shed at 3.8 feet from the northerly side property line and 504 feet from the westerly property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection¡ the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the small shed has existed in its current location with no impact to the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the applicants' property contains two front yards, and no rear yard as defined by the Southold Town Code. No other location on the property would be Page 2 - May 20, 1999 Appl. No. 4673 - J. Lang Parcel: 1000-87-3-20 conforming. 3. The requested area variance is not substantial. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has not been self-created and has been created by the fact that the property contáins two front yards (and two side yards). In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a storage shed, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTIONI ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). (Member Collins was absent (out of the Country). * * * /~GERARD P. GOEHRINGE. For Filing on 5/26/99 h ,... ., ...··,·..',·'·¡.~·d . . Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 20, 1999 Appl. No. 4676 - ALBERT PALUMBO 1000-21-2-14 STREET & LOCALITY: 1095 Aquaview Avenue, East Marion DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located along the north side of Aquaview Avenue, East Marion, with frontage along the Long Island Sound. A site plan map prepa¡'ed by Zivkovic Associates, Architects, P.c. dated 11-3-98 shows an existing one-story frame dwelling, a separate stairway leading from the top of the bluff to the beach and accessory shed at the beach a rea. BASIS OF APPLICATION: Two Building Inspector's January 12, 1999 Notices of Disapproval citing Section 100-239AA(1) for a proposed deck 10 feet from the bluff and citing Section 100-244 for a proposed deck with side yards at less than the required 10 ft. and 15 ft. (25 ft. combined). AREA VARIANCE RELIEF REQUESTED: Applicant requests a new deck 28.2 feet wide at the north end of the dwelling, with a setback from the top of the bluff at 10 feet and side yards at lOA feet and 11 feet (combined sides 21.4 feet), at the closest points as shown on the site plan dated 11-3- 98 prepared by Zivkovic Associates Architects, P.c. OTHER INFORMATION AND EVIDENCE: The Board held a public hearing on this matter, noticed pursuant to Chapter 58, and at written and oral testimony were presented. Based on the testimony and documentation presented to the Board and other evidence, the Board of Appeals finds the following findings of facts to be true and relevant: 1. Applicant initially sought permission to construct a 15 ft. by 28.2 ft. deck addition 10 feet at the closest point from the top of the bluff, with proposed side yards of lOA feet and 11 ft. instead of the required 10 ft. and 15 ft., or 25 feet combined. 2. The Suffolk County Soil and Water Conservation District conducted a site inspection of the property, and in an April 30, 1999 letter to the Board of Appeals noted that: "." ';'-,:- . " " t.-" Page 2 - May 20, 1999 Appl. No. 4676 - A. Palumbo (1000-21-2-14) a. The bluff lot appears to be in a somewhat protected cove. _ b. The deck addition will slightly increase the amount of runoff that flows over the bluff face. c. The ground below the deck should be protected from runoff, by for example, a gravel base. 3. After review of the Soil and Water Conservation District report, the applicant offered to reduce the size of the deck addition from 28.2' wide to 17'6/1 wide, and from 15' depth to 12'6/1 in depth, all in accordance with a drawing submitted May 20, 1999 by Brian Connolly, Architect. The deck addition to be located on the northwest corner of the house will eliminate the need for a side yard variance. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of alternative relief described herein will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicant's deck will not extend beyond the existing nonconforming side yard setback. There was no evidence presented to suggest that the deck addition, as amended, would have any adverse effect on nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursuant, other than a variance, because the setback to the top of the bluff are nonconforming with respect to the existing single-family dwelling, and no addition is possible without a variance. 3. The variance is substantial in relation to the code requirements. 4. The alleged difficulty has not been self-created and is due to the preexisting nonconforming location of the single-family dwelling on this lot. 5. The variance as proposed will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood because the deck addition is modest in size, and the conditions hereby attached to this approval will mitigate potential runoff from the deck as noted by the Soil and Water Conservation report. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new deck addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION I ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT relief as alternatively agreed and applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the ground below the deck be protected with a gravel base. 2. That any service runoff shall be redirected away from the bluff, toward Page 3 - May 20, 1999 Appl. No. 4676 - A. Palumbo (1000-21-2-14) the road. 3. That the deck shall be set back at a minimum of 12'6" to the top of the bluff at its closest point. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZI ORTORA HORNING (MEMBER COLLINS WÞS ABSENT.) THIS RESOLlJTlON WÞS D DOP ¿9 /'7 / / /GÉRA;D p, GOEHR;;;E~HAZ- Y For Filing on 5/24/99 I APPEALS' BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 . Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 20, 1999 Appl. No. 4695 - WILLIAM J. PRICE, JR. PARCEL: 1000-43-5-10 STREET N& LOCALITY: 100 Bay Road, Greenport DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 38,800 sq. with 100 ft. frontage along the easterly side of Bay Road and an average lot depth of 388+- feet. The property fronts along the Bay and is vacant. BASIS OF APPLICATION: Building Inspector's February 1, 1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with respect to a front yard setback at less than 40 feet, at its closest point. (The original plan of January 13, 1999 submitted to the Building Department did not meet the minimum side yard requirement of 15 feet. Applicant has submitted a revised plan dated March 17, 1999 which meets the minimum and total side yard requirements, proposed 19 feet on the east side and at 18 feet on the west side.) AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance to locate a new single-family dwelling, a small corner of which will be located at 35 feet from the front property line at its closest point. The side yard setbacks shown on the revised plan dated April 17, 1999 are proposed at 18 feet and 19 feet, for a combined side yard total of 37 feet. (No side yard variance is required.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the front yard setback requested is minimal and similar to the setbacks of other single-family residences in the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the property is a waterfront lot, and in order for the applicant to comply with the Environmental Conservation Law's required setbacks from the wetlands. a front yard variance is necessary. 3. The requested area variance is not substantial and represents a 12.5 percent reduction from the 40 ft. front yard requirement. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-crèated. In considering this application, the Board deems this action to be the minimum necessary and adequate to Page 2 - May 20, 1999 ZBA Appl. No. 4695 - W. Price Parcel 1000-43-5-10 at Greenport enable the applicants to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: DULY ADOPTED (4-0). _'___·~"_'___M.__ ," -_.--->.-~---..._.---._- __ '__,_..'______________..__ ___.·_..'___m'_______·____~_~_~~~~ c ¡W' ~PEA~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning 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 MEETING OF MAY 20, 1999 Appl. No. 4677 - STEPHEN SCACE PARCEL 1000-4-5-18 STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACfS/DESCRIPTION: The subject land is vacant and comprises approximately 1.67 acres of total lot area. The property has two front yard areas and a large portion of the property contains freshwater wetland areas which may not be disturbed. This property officially has two road frontages. It is bordered to the south by a well-traveled, paved East End Road, which is a privately owned extension of the Town Road named Oriental Avenue. The property is bordered on the east by another well-traveled but unnamed hard scrabble, dirt private road. The applicant's property is bordered on the west by CTM Lot 1000-4- 5-17.2 (Dietrick & ano), whose northerly property line also abuts the right-of-way mentioned below and is the road cited by the Notice of Disapproval. In addition, the subject lot is bordered on the north by a gravel and dirt dead-end right-of-way which serves as a private driveway for both the immediate northerly neighbor on the developed 2.5+- acre parcel (CfM 1000-4-5-19.5) and for the adjacent developed 1.7+ acre parcel (CfM 1000-4-5-10). The driveway for Parcel 1000-4-5-19.5 begins 150+- feet from the easterly beginning point of the right-of-way, and this neighbor's house is located 150+- feet south of said right-of-way. The other neighbor's driveway on Parcel 1000-4-5-10 begins 500+- feet from the aforementioned beginning point of this right-of-way, at what is now the westerly end of the right-of-way. BASIS OF APPEAL: The Building Inspector's February 9, 1999 Notice of Disapproval (updated February 25, 1999), which states that under Article XXIV, Section 100-244, nonconforming lots with areas between 60,000 and 79,999 sq. ft. shall have a minimum front yard setback of fifty- five (55) feet. Zone: R-120 Residential. AREA VARIANCE RELIEF REOUESTED: Applicant is requesting a variance from the Zoning Code to reduce the setback of a proposed dwelling from 55 feet to 32 feet, as a minimum, from one of the private roads on which this property abuts. REASONS FOR BOARD ACfION, DESCRIBED BELOW: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: The uneven topography of the applicant's parcel greatly restricts the ability to properly site a building because the property contains a large pocket of low elevation and wetlands, particularly Page 2 - May 20, 1999 Re: 1000-4-5-18 at F.I. ZSA Appl. No. 4677 - S. Scace along south and east boundaries. These constraints have become the basis for the applicant's request for a variance since the three front yards and substantial wetland areas create two separate hardships which impact development of this property. This situation, however, does not make this parcel unusable for a single-family residence, as is reflected by the applicant's successful acquisition of a valid D.E.C. permit and the Town Trustees' approval of this project. 1) The granting of the setback variance will not produce an undesirable change in character of neighborhood or detriment to nearby properties because this is a preexisting parcel of 1.67+- acres in an R-120 Residential Zone District, and the construction of a single-family dwelling on this site will not change the nature of the sparsely developed, privately owned exclusive neighborhood located on eastern Fishers Island. 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 topography of the parcel includes a large wetland area and does not allow for much flexibility in selecting a building site. 3) The requested area variance is not substantial because the variance is necessary because of the third front yard. The applicant conforms to the zoning requirements for the other two front yards, which are more consequential. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The grant of the variance will allow for the least possible environmental impact to this property and to neighboring properties. 5) The alleged difficulty has not been self-created because it is related directly to the existing wetland areas, and the uneven topography and related characteristics of the land. In considering this application, the Board deems the grant of the setback variance to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION I ACTION: On motion by Member Horning, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS HORNING. Member Collins was absent ( NIZIO, TORTORA, 1000-4-5-18 ", .... 0 APþEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning 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 MAY 20, 1999 Appl. No. 4691 - CELESTE THEOPHILOS PARCEL: 1000-51-4-9 STREET & LOCALITY: 20465 Sound View Avenue, Southold DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACf PROPERTY FACfS/DESCRIPTION: The applicant's property consists of a total lot area of 19,276 sq. ft. (to a tie line) with 75.51 ft. frontage along Sound View Avenue, and a lot depth of 257.47+- feet, Southold. The March 31, 1999 survey shows an existing one-story dwelling with the "as built" deck and stairway to a concrete deck at the beach. The dwelling with the "as built" deck is 21+- feet from the top of the bank at its closest point. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated April 1, 1999 citing Article XXIII, Section 100-239.4A(1) for the reason that the Code requires a minimum setback of 100 feet from the top of a bluff or bank of the Long Island Sound. No other variance has been requested through this building permit/appeal process. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a portion of the "as built" deck at 21+- feet from the top of the Sound bank, and for a proposed second-story balcony addition over the deck, a small portion of which will be 27+- feet from the top of the Sound bank. REASONS FOR BOARD ACfION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1) Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the variance is minor, relating to only a small portion of the "as built" deck and proposed balcony addition, which replaced a former porch (existing in May 1976). 2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 3) The requested area variance is not substantial, representing a very small section of the proposed balcony addition over the "as built" deck area. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a porch existed for many years prior to its replacement in the late 1970s by the "as built" deck, and there are no visible changes that show a setback closer than the preexisting nonconformity (porch and "as ,-' ,'ni;r.;",,,r.-~'·~··"·" ERARD P. GOEHRINGER' CHAIRMAN For Filing about 5¡-2/f /99 HORNING. VOTE OF THE BOARD: AYES: (Member Collins was absent.) This Resolution was d ( 4-0). 2. The both the first-story and second-story decks shall remain open, except for the requested balcony areas. 1. Applicant to follow the guidelines and recommendations of the Suffolk County Soil and Water Conservation District noted in its letter to the ZBA dated April 30, 1999 for storm drain(s) and downspouts to direct rainwater runoff towards the road (instead of the bluff); and RESOLVED, to GRANT the variance, as applied for, SUBJECf TO THE FOLLOWING CONDITIONS: RESOLUTION! ACfION: On motion by Member Dinizio, seconded by Member Tortora, it was In considering this application, the Board finds that a variance to allow construction of the proposed balcony addition over the deck, "as built" is the minimum necessary and adequate, and at the same time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. 5) The alleged difficulty has not been self-created because the 100 ft. setback requirement was not a Code provision in the late 1970s. built" deck which existed for 20 years or more). Page 2 - May 20, 1999 ZBA Appl. No. 4691 - C. Theophilos Parcel ID 1000-51-4-9 ~'~ ---...",... APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 . Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 20, 1999 Appl. No. 4700 - MICHAEL ZUHOSKI (and L. SAUNDERS) 1000-109-2-13.6 STREET & LOCALITY: 26481 Main Road, Cutchogue DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FAa PROPERTY FACTS/DESCRIPTION: The applicant's property is known as Lot #4 and #5 (combined as one lot) on the Minor Subdivision Map of Joseph M. and Theresa Y. Asselta, approved by the Planning Board October 5, 1971. The property is accessed by a private right-of-way extending from the north side of the Main Road, Cutchogue. The lot consists of 50,107 sq. ft. and is improved with a 400 sq. ft. barn building situated at 60+- feet at its closest point to the front property line and 19.3 feet from its closest side line. BASIS OF APPLICATION: Building Inspector's May 6, 1999 Notice of Disapproval citing Section 100-33 for a one-family dwelling on a lot with a preexisting barn (designed as a side yard). AREA VARIANCE RELIEF REOUESTED: Applicant requests a variance for approval of the location of the preexisting barn location, which will be located to the side of a proposed one-family dwelling as shown on the survey prepared March 2, 1999 by Harold F. Tranchon, Jr., P.c. The dwelling is proposed to be located with the required 50 ft. principal front yard setback and meeting all other code setback requirements. Applicant has also submitted approval issued by the Suffolk County Health Department dated March 29, 1999. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board¡ and personal inspection, the Board makes the following findings: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the barn has existed for more than 50 years in its present location. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue¡ other than moving the barn, which would be costly. r',,<:';':,>;"'-"'-'_. Page 2 - May 20,1999 Appl. No. 4700 - M. Zuhoski 1000-109-2-13.6 Moving the barn is not reasonable because it has existed for 50+ years. (3) The requested area variance is not substantial. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to continue to enjoy the benefit of the barn in its present location, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTIONI ACTION: On motion by Member Dinizio, seconded by Member Horning and Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. Page 7 - Minutes Regular Meeting of May 20, 1999 Southold Town Board of Appeals #4697 - Fred and Mary Milner. "As built" deck and deck extension. Lot coverage and setbacks. #4698 - William Lieblein. Area variances by G. Strang, Architect. #4699 - Lisa Jerome. P. Moore, Esq. #4702 - Dan and Madeline Abbott (Lot Waiver), Gardiners Bay Estates, East Marion. #4703 - Mike Morrison. Setback var. #4704 - James Hunter. Setback var. #4705 - Raymond Mitchell. #4706 - Richard Briggman. #4707 - Nancy Wellin (Lot Waiver) D. Mooney, Esq. Grand Ave, Mattituck. #4708 - Mark Lieb. Building length over 60 ft. Winery use. CR 48/Cox Lane, Mattituck. A. Wickham, Esq. #4709 - T. Losee by C. Mesiano, agent. #4710 - J. Frazzitta. P. Moore, Esq. Await setback from closest point of prop. accessory building to bulkhead. (New application for different relief.) #4711 - C. Davids (if submitted in complete form 5/25). #4662 - P. Rushin & Motley. P. Moore, Esq. (See set of landscape plans.) VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, and HORNING. This Resolution was duly adopted (4-0). * * * SPECIAL MEETING SCHEDULED: The Chairman set Monday, June 7, 1999 at approximately 6:45 p.m. at the date of the next Special Meeting, for the purpose of continuing business matters carried over from tonight's agenda, and matters propedy coming before the Board at that time (if any). * * * Review - Application of Giannaris/Hellenic. The Chairman and Board Member(s) would meet with the Town AttQrney to discuss the recent map submitteå--è-nd prepare- a letter to applicant's attorney. The Chairman declared the meeting adjourned at approximately 8: 12 p.m. Respectfully submitted, ~~~/~'~~. 1i~~=ki 6/15/99 Boa rd SeGretêt .",.·~,'''''''''~·.~"''!''t''C'''''''~_'''''.''''~''''f'''''''?·~'''·__'~' ¡ RECEIVED AND FILED BY THÊ SO'OTHOLD TOWN CLERK DATE 7{~r¿ff1 HOUR t'.ð67t!l ~Jdlt2 ~ Town Clerk, Town of Southold .1 [ ! ""~J:,~,:'~'!\',,"i1 ----'-.,.·..--¡··.."''''''"'''l;1~''l::í~!''\'~__:.::....~~___~;W~M.".__:- ,;