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HomeMy WebLinkAboutZBA-06/07/1999APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ~?-~-3( James Dinizio, Jr. Lydia A. Tortora .y¢Lora S. Collins George' Homing RECEIVED J BOARD OF APPEA~S THE TOWN OF SOUTHOIiDDg~TE ~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 765-9064 BY TOVVN CLEP~ 3 :SI MINUTES MONDAY, JUNE 7, SPECIAL MEETING -~ zown of Soutkold A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at SouUlold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, JUNE ~7, 1999 .commencing at 6:35 p.m. Present were: Gerard P. Goehdnger, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member George Homing, Member Linda Kowalski, ZBA Secretary. Absent was: Lora S. Collins, Member (out of the Country). 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA REVIEWS: Pending reviews and inspections regarding new applications. II. PUBLIC HEARINGS: 6:42 p.m. (Continuation from last meeting 5/20) Appl. No. 4689 - MERLON AND ISABEl I F WIGGIN. This is a request for a Vadance under Article XXITI, Section. 100-232B, based upon the January 21, 1999 Notice of Disapproval, for approval of height of "as built" berm (within first 30 ft. along property lines of both roadways). Comer lot at 10940 Main Road and Truman's Path, East Marion; 1000-31-11-13. Mr. Merlon Wiggin spoke in behalf of his application. Following testimony, motion was made by Chairman Goehdnger, seconded by Member Horning, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). DELIBERATIONS/DECISION: Appl. No. 4698 - Merlon and Isabelle Wiggin. Approved with condition(s). Please see attached copy (original was filed with the Town Clerk's Office). Page 2 - Minutes Special Meeting of June 7, 1999 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: The following headng was not held on May 20, 1999 due to lack of Notice Requirements by the applicant under Southold Town Code, Chapter 58, and therefore was calendared for tonight: 6:52 p.m. Appl. No. 4692 - CHRISTOPHER AND HF-[DEMARIE GRATTAN. This is a request for a Variance under Article iIIA, Section 100-30A.4 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-i8.8. Patricia Moore, Esq. appeared and spoke in behalf of the applicants. Mr. Grattan was also present. Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). III. DELIBERATIONS/DECISiON~: Copies of each of the following determinations are attached, as though fully set forth and incorporated into this set of Minutes. (The originals were filed with the Town Clerk's Office;) Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. Approved. Appl. No, 4669 - GERALDINE FEREND. Lot waiver approved. Appl. No. 4686 - ANDREA AND STACEY PALIOURA,q. conditions. (Decision not issued due to moratorium). Appl. No. 4690 - ALLEN AND LOUISE RICHARDS. Approved. Appl. No. 4693 - L. TRAPIDQ. Approved. Appl. No. 4694 -.BARRY SHAPIRO. Approved. Appl. No. 4672 - .DOUGLAS AND AMY. Approved with conditions. IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATFS: Variance approved with A. RESOLUTION TO REOPEN AppL No. 4674 - STEPHEN FRIEDMAN. The Board discussed the letter submitted by Thomas Palmer, property owner to the east (who was present), requesting the Board reopen the Friedman headng to receive testimony regarding the most recent construction plans. (Mr. Palmer has concems about the newest plan submitted 5/12.) Mr. Friedman is requesting Variances regarding cumulative side yard setback (total reduction) for dwelling additions at 2140 Deep Hole Drive, Mattituck; 1000- 123-04-4.1. T. Ludlow, Builder, filed the application. Motion was made by Member Horning, seconded by Chairman Goehringer, and duly carried, to reopen the hearing for the reasons given, and to calendar the hearing for .luly 22, 1999. VOTE OF THE BOARD: AYES: Page 3 - Minutes Special Meeting of.1une 7, 1999 Southold Town Board of Appeals Goehringer, Dinizio, Tortora and Horning. This Resolution was duly adopted (4-0). (Member Collins was absent.) B. Code Committee Meeting: (none scheduled as of today). , C. RESOLUTTON: .lune 24, 1999 public hearings confirmed. Motion was made by Chairman Goehringer, seconded by Member Dinizio, to add Appl. No. 4712 - Henry and Linda Kozen, to the 3une 24, 1999 Hearing Calendar and determine the same to be a Type TT Action. Vote of the Board: AYES: Goehdnger, Dinizio, Tortora, and Homing. This Resolution was duly adopted (4-0). The other hearings confirmed for .1une 24, :[999 (from the May 20, :[999 Minutes) are: #4696 - George and Eileen McGough by E. Thompson, Architect. #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 .lerome. P. Moore, Esq. #4702 - Dan and Madeline Abbott (Lot Waiver), Gardiners Bay Estates, East Marion. #4703 - Mike Morrison. Setback var. #4704 - .lames 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. Abigail Wickham, Esq. #4709 - T. Losee by C. Mesiano, agent. #4710 - .1. 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.) Page 4 - Minutes Special Meeting of.lune 7, 1999 Southold Town Board of Appeals V. EXECUTIVE SESSION (not held). VI. MISCELLANEOUS: The Board Members rewewed the draft letter to Patricia Moore, attorney for the Giannaris-Hellenic Project at East Marion, and authorized the Chairman to sign the letter (as prepared). There being no other business at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 7:50 p.m. /_.Al:f~oved - 7/22/9¢~esolutioja/ Respectfully submitted, alski '7/19/99 Board Secretary API~EALS 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 MEETING OF JUNE 7, 1999 Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRA1-FAN. STREET & LOCAHTY: 6305 Horton's La, Southold 1000-54-7-18.8 DATE OF PUBI TC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a 51,603 sq. lc. parcel improved with a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane (b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and 315.87 ft. 159.12 ft. along the remaining two front property lines. The existing dwelling is shown to be 82.1 ft. at its closest point from the front property line along Horton's Lane, 67.8 ft. from the southerly front property line (private ROW), and 213.7 ft. from the westedy front property line (private ROW). BAS~S OF APPHCAT~ON; Building Inspector's March 24, 1999 Notice of Disapproval citing Section 100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area. AREA VARIANCE REHEF REQUESTED: Applicants request a Variance to.locate an accessory 16 ft. by 36 ft. in-ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- lc. from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of the New York State Building Code and the Building Department. REASONS FOR BOARD ACT/ON, 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. The property is a large rectangular parcel improved with a single-family residence that contains three front yards as defined in the SoUthold Town Code. The dwelling fronts on HOrton's Lane to the north; the southerly side yard fronts on a private right-of-way, and the westerly rear yard fronts on a private right-of-way. Although the proposed location of the pool does not conform to the letter of the Town Code, the Board of Appeals finds that the location meets and/or exceeds the required rear yard provisions regulating accessory structures. Therefore, grant of this variance will have no adverse Page 2 - June 7, 1999 Appl. No. 4692 - C. & H. Grattan 1000-54-7-18.8 at Southold impacts on 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 provisions of the Town Code, which were applied to determine that applicants' property has three front yards, automatically eliminated applicants' rear yard area which is the only conforming area in which the accessory pool could have located without a variance. 3. The requested area variance is not substantial. 4. The difficulty is not self-created and is due to cont]~ctdng p~ovi.~ /n the Town Code. 5. The proposed variance will' not have an adverse effect or impact on the physical or environmental conditions i.n the neighborhood or~ district because the swimming pool location conforms to the code-required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. Tn 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 in-ground swimming pool, while preserv ng and protecting the character of the neighborhood and the health,, safety, welfare of the community. RESOLUTiON/ACTiON: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDiTiON that there be no roof. Vote of the Board: Ayes: Goehringer~ Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.).. ~ CHAIRMAN For filing 6/:1.:[/99 June 7. 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 MEETING OF JUNE 7, 1999 Appl. No. 4669 - GERALDINE FEREND PROPERTY LOCATION: 5345 Vanston Road, Cutchogue; 1000-111-14-1 (& 2 adj.) DATE OF PUBLIC HEARING: Nay 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot known as Lot 250 on the Amended Map A of'Nassau Point, located on the easterly side of Vanston Road at Nassau Point, Cutchogue, NY. A survey has been submitted for both the subject lot and the adjoining lot, Lot 249, which is also vacant; A June 14, 1965 survey shows a combined area for these two lots at approximately 56,000 sq. It., with 199.20 lt. along a tie line at Vanston Road, 257 ft. along the southerly line, 201.37 ft. along a tie line at Wunneweta Pond, and 302.50 ft. along the northerly property line. The subject Lot (#250) has an area of approximately 27,000 sq. ft., and the adjoining lot (#249) an area of approximately 29,000 sq. ft. BASIS OF APPEAL: Building Inspector's June 22, 1999 Notice of Disapproval which reads as follows: "Both non-conforming lots being located in an R-40 Zone have been held in the same name of Geraldine Ferend. Both deeds recorded in the County on 8/4/65. Pursuant to Article II, Section 100-25A, the 'lots are merged." RELIEF REOUE~;'rED BY APPLICANT: The request made by applicant is for a' Lot Waiver with respect to 5345 Vanston Road, Cutchogue, County Tax Map Lot 1000-111-14-1, as confirmed for Lot 250 on the Amended Nap A of Nassau Point and current deed dated August 4, 1965 recorded at Liber 5793 page 531. With respect to Section 100-25C(4) of the Zoning Code, this subdivision was listed on the Code's Exceptions Ust at former Section 100-12, however the lots were not placed in single and separate ownership by Janu- ary 1, 1997 to avoid a merger. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: Merger of Lots #1 and #2 occurred January 1, 1997 when the Town Board removed the list of excepted subdivisions from the Zoning Code. Prior to that time the applicant's two lots were excepted from the Town Code's lot area requirements because they were part of the Nassau Point Subdivision, one of many exempted from the code's lot area and width requirements Page 2 - Jullc 7. t999 Appl. No 4669 -Geraldinc Fcrend 1000-111-14-1 (& 2) al Nassau Point excepted from the Town Code's lot area requirements because they were part of the Nassau Point Subdivision, one of many exempted from the code's lot area and width requirements (former Code Section 100-12). 2. The applicant purchased the two tots by two separate deeds in 1965. Applicant's attorney submitted a list of the lot sizes in the neighborhood. The Zoning Board of Appeals has carefully reviewed the survey a nd finds that most of the lots are smaller in size than the applicant's combined Lots 1 and 2 (.59 acre and .62 acre = 1.21 acres). 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. The waiver will allow for construction of an additional single-family residence, which will not result in a significant increase in the density of the:neighborhood. 2. The two lots were created by subdivision. The waiver will recognize 'a lot that is consistent with the size of lots in the Nassau Point subdivision neighborhood. Most of the subdivision is developed with single-family residences on tots similar in size to Lots #1 and #2 that would be recognized by this waiver of merger. 3. No environmental conditions on the lot or'nearby area have been identified that'would be negatively impacted by grant of this waiver. The natural details and character of the lots will not be substantially altered nor will there be significant filling of ~the land affecting nearby environmental areas'or flood prone land~. RESOLUTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the Waiver as applied for. VOTE OF THE BOARD: Ayes; Goehfin§er,, Dinizio~ Tortora, ADOPTED (4-0). (Member Collins was absent.) Homing; This Resolution. was duly. For filing about 6/10199 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 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 MEETING OF JUNE 7, 1999 Appl. No. 4690 - ALAN AND LOUISE RICHARDS STREET & LOCALITY: 400 Marlene La, Mattituck DATE OF PUBLIC HEARING: May 20, 1999 1000-143-2-24 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 10,875 sq. ft. parcel with 75 ft. lot width and lot depth of 145 ft. The parcel is located along the westerly side of Madene Lane and is approximately 353.36 ft. from its intersection with the Main Road in Mattituck. A survey prepared by Joseph A. Ingegn0 November 13, 1998 shows an existing one-story frame house with wood deck areas and concrete block private garage. BASIS OF APPLICATION: Building Inspector's March 18, 1999 Notice of Disapproval citing Section 100-244 for permission to construct an addition which will have a setback at less than the code requirement of 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance with respect to a proposed 10 fr. by 31.3 ft. addition at the front of the existing dwelling, with a setback of 30 feet. (No other variances are the subject of this applicaUon and the side setbacks are proposed to conform per code subject to review by the Building Inspector.) 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 applicant's proposed addition deck is at a setback similar to an existing neighbor's front yard setback (to the south). (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because other possible locations for the proposed addiUon are already occupied by a garage, driveway and septic system. (3) The requested area variance is not. substantial, representing a variance of five feet, or 14.2% of the code requirement. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on Page 2 - ~lune 7, 1999 Appl. No. 4690 - A. & L Richards :[000-:[43-2-24 the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the m~nimum necessary and adequate to enable the applicants to enjoy the benefit of a new addition, While preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTiON/ACTION: On motion by Member Horning, seConded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied for SUB3ECT TO THE FOLLOWING CONDITION: There shall be no other encroachment permitted into the front yard except for the proposed addition as shown on the Ingegno survey dated. November 13, 1998 and a 30 sq. ft. stoop (per Code). VOTE OF THE BOARD: Ayes: Goehfinger, Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.) / 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 SPECIAL MEETING ]UNE 7, 1999 Appl. No. 4672 - DOUGLAS and AMY ROSE STREET & LOCALITY: 500 Maple Lane, Southold DATE OF PUBLIC HEARING: May 20, 1999 1000-6q-1-20 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property consists of a total lot area of 31,486 sq. ft. with 120 ft. frontage along Maple Laneand an average lot depth of 262+- feet, Southold. The survey updated December 22, 1998 shows an existing one-story, single-family dwelling. The dwelling is shown at 88.6 feet at its closest point to the front property line and a non~:onforming side yard setback at 13.8 feet. The remaining side and rear yard setbacks are conforming per code. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated December 3, 1998 citing Article XXlV, Section 100-244. B for the reason that the Code requires a minimum side yard at 15 feet on nonconforming lots having more than 20,000 sq. ft. and less than 39,999 sq. ft. of land area. The existing 3.8 ft. side yard is proposed to be reduced to 11'8" at its closest point. No other variance has been requested through this building permit/appeal process. AREA VARIANCE RELIEF REQUESTED: Applicant requesLs a Variance for a proposed addition, a small portion of which will be extending into a nonconforming side yard area. REASONS FOR BOARD ACT[ON: After consideration of the entire record, testimony at the public headng 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 32 sq. ft. portion of the proposed addition, allowing the remaining side yard of the dwelling to remain at 13.8 feet. 2) The benefrt sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area var'~nce. 3) The requested area variance is not substanUal, representing 32 sq. ft. of building area. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental condiUons in the neighborhood or district because the remaining side yard setback of 13.8 feet will be maintained without further reduction. Page 2 - .lu~e 7, 1999 ZBA Appl. No, 4672 - D. and A. Rose Parcel ID 1000-64-1-20 (5) The alleged difficulty has not been self-created. In considering this application, the Boaro finds that a variance to allow construction of the proposed addition 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 Member Tortora, it was RESOLVED, to GRANT the variance, as applied for, and SUB.1ECT TO THE FOLLOWING CONDIT]:ON$: 1. The proposed addition shall be limited to one-story height (same height of existing dwelling/roof line). The buffer Of trees and shrubs shall remain and be continuously maintained in good condition at all times along the proposed addition and extending 40 fL west of the addition. VOTE OF THE BOARD: AYES: MEMBERS_.A..~-~--,GOEHRINGER' DINIZIO, TORTORA, HORNING. GE~a, RD Pm GOI~HRIN / For Filing about 6/10/99 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAI,S 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 MEETING OF JUNE 7, 1999 Appl. No. 4694 - BARRY SHAPIRO STREET & LOCALITY: 625 Wood Lane, Peconic 1000-86-6-7 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the north side of a private road known as Wood Lane, in Southold. The property is nonconforming with a total area of 22,738.32 sq. ft. and lot width (frontage) along the roadway of 76.86 feet. The parcel is improved with a single-family dwelling with an existing setback 21 feet from the northwesterly comer of the dwelling to the bulkhead and- 37+- feet from the northeasterly corner of the dwelling, at the closest points. BASIS OF APPLICATION: Building Inspector's March 17, 1999 Notice of Disapproval citing Section 100-239.4B with respect to a setback reduction at the northwesterly comer from 2].'7' (existing) to 14+- feet, at its closest point from the bulkhead, and at 11+- feet at the northeasterly corner, of the proposed deck addition. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the north end of the dwelling, having dimensions of: 11 ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6'. The proposed setbacks are: (a) 11 lt. from the bulkhead to the deck steps at the northeasterly corner; (b) 21~"+- from the bulkhead to the deck steps at the northwesterly comer. No encroachment into the side yards is proposed for the deck addition. 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 applicant's proposed deck will be open and unroofed and will not be enclosed, (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 dwelling has been in its nonconforming IocaUon for more than 40 years. Page 2 - 3une 7, 1999 AppL No. 4694 - Barry Shapiro 1000-86-6-7 at Peconic (3) The requested area variance is Substantial, representing a reduction of 11 feet at the northwest corner and 21 feet at the northeast corner. (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 the variance is for an open, unroofed deck with easy access from the dwelling, for enjoyment of the out-of-doors without leaving the house. (5) The alleged difficulty has not been self-created. 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, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for, SUB.1ECT TO THE FOLLOWING CONDZTIONS: 1. That there be no further reduction in the northerly yard setbacks noted above; 2. That the deck remain "open to the sky" and unroofed, as proposed. Vote of the Board: Ayes:. Goehringer, Dinizio, Tortora, Horning. (Member Collins was absent.) This Resolution was duly ADOPTED by u~animot~4-0) vote of the Board., /./,/GERARD P. GOEHRINGEI~ CHAI,~AN FOR FILING about 6/:t0/99 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 MEETING OF JUNE 7, 1999 Appl. No. 4693 - LEONARD TRAPIDO STREET & LOCALITY: 205 Cardngton Road, Cutchogue 1000-111-1-27 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the south side of Cardngton RQad, Cutchogue, and is referred to as Lot 395 on the Map of Nassau Point Properties, Section D. The property is approximately 25,250 sq. ft. in area with 120.88 ft. along Carrington Road, with a lot depth of 240+- feet. The parcel is improved with a single-family dwelling located 78 feet from the front property line. A previous determination was rendered by the Board of Appeals on May 23, 1974 under Appl. #1900 granting a vadance with side yards at 15 feet and 10 feet, with the exception of a "false wall area which shall be no thicker than one foot." The present setbacks of the dwelling with side yards of 7.5 feet and 15 feet do not conform to the previous setbacks. BASIS OF APPLICATION: Building Inspector's December 1, 1998 Notice of Disapproval citing Section 100-244B with respect to an "as built" deck located on a nonconfom-~ing lot of 25,352 sq. lt. wiU~ less than the required cumulative side yard setbacks of 35 feet (total). The setbacks are requested at 7.5 feet and;15 feet for an "as built"storage building and wood deck. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the north end of the dwelling, having dimensions of: 11 ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6". The proposed setbacks are: (a) 11 ft. from the bulkhead to the deck steps at the northeasterly corner; (b) 21'7"+- from the bulkhead to the deck steps at the northwesterly comer. No encroachment into the side yards is proposed for the deck addition. 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 vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the shed is for storage purposes and is at one-story height, and the "as built" deck is not a fully enclosed building, and will remain open Page 2 - 3une 7, 1999 Appl. No. 4693 - L. Trapido 1000-111-11-27 at Cutchogue and unroofed as a deck. (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 dwelling has been in its nonconforming location for more than 40 years. (3) The requested area variance is not substantial, representing a reduction of 2.5 feet at the westerly side yard setback, and 2.5 ft. reduction in the cumulative side yard total. (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 the variance is for an open, unroofed deck with easy access fro~ the d,w,,elling, for enjoyment Of the out-o[-doors without leaving the house~ and an as built shed for storage purposes. (5) The alleged difficulty has not been self-created. 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 and Open deck addition, while, preserving and prote~ing the character of the neighborhood and the health, safety; welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, secOnded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, SUB3ECT TO THE FOLLOWING CONDITIONS: 1. That there be no further redUctions in either side yard; 2. That the deck remain "open to the sky" and unroofed, as applied. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing. This Resolution was duly · ADOPTED by unanimous (4-0)vote of the Board. GERARD P. CHAIRMAN For Filing about 6/:L0/99 P~PPEALS 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 ] 179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS~ DELIBERATIONS AND DETERMINATION MEETING OF 3UNE 7, 1999 Appl. No. 4689 - MERLON and ISABELLE WIGGIN STREET & LOCALITY: 10940 Main Road, East Marion 1000~31-11 DATE OF PUBLIC HEARING: May 20, 1999 and 3une 7, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRiPTION: The applicant's property is a corner lot located on the southerly side of the Main Road (State Route 25) and the westerly side of Truman's Path, in East Marion. The property consists of a to~al lot area of approximately one-half acre with 98.50+- ft. frontage along the Main Road, and 221.90 ft. along Truman's Path (a private, traveled right-of-way). BASIS OF APPLICATION: Building Inspector's 3anuary 21, 1999 Notice of Disapproval citing Article XXIII, Section 100-232B of the Zoning Code with respect to a berm constructed under Building Permit #24893Z, for the reason that the berm exceeds the maximum height requirement for a front yard and for a corner lot of two intersecting roadways. Article XXIII, Section 100-232B states: B. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of two and one-half (2 1/2) feet above the average street level within an isosceles triangle having thirb/-foot sides along each street to preserve sight lines for traffic. AREA VARZANCE RELIEF REOUESTED~ Applicant requests a Variance for the berm at approximately 36' from ground, in the area restricted at 30 ft. from the intersecting comer of the property, in both directions. Applicant stated that the remaining portions of the berm will meet the code's height limitation of 48" (maximum) within front yard areas on this corner INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: Applicant has testified that although he originally constructed the berm in accordance with the Town Code requirement, the Suffolk County Water Authority rebuilt the berm as part of a water main installation project. The rebuilt berm altered its original dimensions and height; which exceed the height limit and are the subject of this variance request. The Zoning Board Chairman met at the site with the applicant to reach a compromise that would t~ke into consideration visual and safety factors, The applicant has agrccd to reduce/amend his request, and the Zoning Board of Appeals finds that the amended request is acceptable and reasonable. REASONS FOR BOARD ACT[ON, 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, as amended, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the revised/reduced berm will not have a negative visual impact on the neighborhood or create unsafe traffic conditions. Page 2 - June 7, 1999 ZBA Appl. No: 4689 - M. 8, I. Wiggin Parcel 1000-31-11-13 at East Harion 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because after the berm was reconstructed by the Suffolk County Water Authority, it exceeded the Town Code's height requirement. 3. The requested area variance is not substantial and exceeds the height limit by not more than 12 inches. 4. No evidence has been submitted or presented to indicate that the grant of an area variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created and is due to improper reconstruction of the berm by the Suffolk County Water Authority. tn 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 berm, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION:' On motion by Nember Tortora, seconded by, it was RESOLVED, to GRANT the variance, as amended by applicant and described below: 1. The berm shall be reduced to a maximum height of 30 inches for the first 16 feet of distance (commencing from the no~heest corner of the property at the intersection) in both directions; and 2. The berm shall be limited to its existing height for next 12 ft. of length (within the 30 ft. long restricted area) at a maximum of 42 inches. 3. The remaining portions of the berm shall not exceed the code requireme6t at 48 inches along or within front property lines. 4. Railroad tiesshall be placed at a setback of 10 fL from the property line with reflectors (on posts). 5. The land monument will remain in its correct place (verified by a surveyor). 6. The existing tree limbs shall be trimmed to improve visibility. 7. The Board reserves the right to inspect and ask for additional maintenance (for compliance with the above conditions). Vote of the Board:- Ayes: Goehdnger, Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (4-0). (Member Collins wasabsent.) CHAIRMAN 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 MEETING OF ]UNE 7, 1999 Appl. NO. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. S-I-REET & LOCALITY: 6305 HOrton's La, Southold 1000-54-7-18.8 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a 51,603 sq. it. parcel im proved with a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane (b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and 315.87 it. 159.12 it. along the remaining two front property lines. The existing dwelling is shown to be 82.1 it. at its closest point from the front property line along Horton's Lane, 67.8 it. from the southerly front property line (private ROW), and 213.7 it. from the westerly front property line (pdvate ROW). BASIS OF APPLICATION: Building Inspector's March 24, 1999 Notice of Disapproval citing Section 100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate an accessory 16 ft. by 36 ft. in-ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- ft. from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of the New York State Building Code and the Building Department. 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. The property is a large rectangular parcel im proved with a single-family residence that contains three front yards as defined in the Southold Town Code. The dwelling fronts on Horton's Lane to the north; the southerly side yard fronts on a private right-of-way, and the westerly rear yard fronts on a private right-of-way. Although the proposed location of the pool does not conform to the letter of the Town Code, the Board of Appeals finds that the location meets and/or exceeds the required rear yard provisions regulating accessory structures. Therefore, grant of this variance will have no adverse Page 2, June 7, :!.999 Appl. No. 4692 - C. & H. Grattan 1000-5~t-7-18.8 at Southold impacts on 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 provisions of the Town Code, which were applied to determine that applicants' property has three front yards, automatically eliminated applicants' rear yard area which is the only conforming area in which the accessory pool could have located without a variance. 3. The requested area variance is not substantial. 4. The difficulty is not self-created and is clue to o:~-]_t~ng p~o~ ~n t~e Town Co~. 5. The proposed variance will not have an adVerse effect or impact on the physical or environmental conditions in the neighborhood-or district because the swimming pool location conforms to the code-required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. 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 in-ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety~ welfare of the community. RESOL~ON/ACTION: On motion by Chairman Goehdnger, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDiTiON that there be no roof. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (zt-0). (Member Collins was absent.) //GERARD P. GOEHRiNGEf~ /~ CHAIRMAN For filing 6/11/99 June 7. 1999 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 MEETING OF JUNE 7, 1999 Appl. No. 4669 - GERALDINE FEREND PROPERTY LOCATION: 5345 Vanston Road, Cutchogue; 1000-111-14-1 (& 2 adj.) DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot known as Lot 250 on the Amended Map A of Nassau Point, located on the easterly side of Vanston Road at Nassau Point, Cutchogue, NY. A survey has been submitted for both the subject lot and the adjoining lot, Lot 249, which is also vacant. A June 14, 1965 survey shows a combined area for these two lots at approximately 56,000 sq. ft., with 199.20 ft. along a tie line at Vanston Road, 257 ft. along the southerly line, 201.37 ft. along a tie line at Wunneweta Pond, and 302.50 it. along the. northerly property line. The subject Lot (#250) has an area of approximately 27,000 sq. ft., and the adjoining lot (#249) an area of approximately 29,000 sq. fc BASIS OF APPEAL: Building Inspector's June 22, 1999 Notice of Disapproval which reads as follows: "Both non-conforming lots being located in an R-40 Zone have been held in the same name of Geraldine Ferend. Both deeds recorded in the County on 8/4/65. Pursuant to Article II, Section 100-25A, the lots are merged." RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a Lot Waiver with respect to 5345 Vanston Road, Cutchogue, County Tax Map Lot 1000-111-14-1, as confirmed for Lot 250 on the Amended Map A of Nassau Point and current dccd dated August 4, 1965 recorded at Liber 5793 page 531. With respect to Section 100-25C(4) of the Zoning Code, this subdivision was listed on the Code's Exceptions Ust at former Section 100-12, however the lots were not placed in single and separate ownership by 3anu- ary :L, 1997 to avoid a merger. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: Merger of Lots #i and #2 occurred 3anuary 1, 1997 when the Town Board removed the list of excepted subdivisions from the Zoning Code. Prior to that time the applicant's two lots were excepted from the Town Code's lot area requirements because they were part of the Nassau Point Subdivision, one of many exempted from the code's lot area and width requirements Page 2 - June 7. 1999 Appl. No. 4669 - Geraldine Fcrcnd 1000:111-14-1 (& 2) al Nassau Point excepted from the TOwn Code's lot area requirements because they were part of the Nassau Point Subdivision, one of many exempted from the code's lot area and width requirements (former Code Section 100-12). The applicant purchased the two lots by two separate deeds in 1965. Applicant's attorney submitted a list of the lot sizes in the neighborhood. The Zoning Board of Appeals has carefully reviewed the survey and finds that most of the lots are smaller in size than the applicant's combined Lots 1 and 2 (.59 acre and .62 acre = 1.2I acres). 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. The waiver will allow for construction of an additional single-family residence, which will not result, in a significant increase in the density of the neighborhood. 2. The two lots were created by subdivision. The waiver will recognize a lot that is consistent with the size of lots in the Nassau Point subdivision neighborhood. Most of the subdivision is developed with single-family residences on lots similar in 'size to Lots #1 and #2 that would be recognized by this waiver of merger. 3. No environmental conditiOns on the lot or nearby area have been identified that would be negatively impacted by grant of this waiver: The natural details and character of the lots will not be substantially altered nor will there be significant filling of the land affecting nearby environmental/~"~ areas or flood prone lands. RESOLUTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to GRANT the Waiver as applied for. VOTE OF THE BOARD: Ayes: Goehfinger, Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (4-0). (Member Collins was absenL) ,/ For filing about 6110/99 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 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 MEETING OF JUNE 7, 1999 Appl. No. 4690 - ALAN AND LOUISE RICHARDS STREET & LOCALITY: 400 Marlene La, Mattituck DATE OF PUBLIC HEARING: May 20, 1999 1000-143-2-24 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 10,875 sq. ft. parcel with 75 ft. lot width and lot depth of 145 ft. The parcel is located along the westedy side of Maflene Lane and is approximately 353.36 ft. from its intersection with the Main Road in Mattituclc A survey prepared by 3oseph A. Ingegno November 13, 1998 shows an existing one-story frame house with wood deck areas and concrete block private garage. BASIS OF APPLICATION: Building Inspector's March 18, 1999 Notice of Disapproval citing Section 100-244 for permission to construct an addition which will have a setback at less than the code requirement of 35 fcct. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance with respect to a proposed 10 ft. by 31.3 ft. addition at the front of the existing dwelling, with a setback of 30 feet. (No other variances are the subject of this application and the side setbacks are proposed to conform per code subject to review by the Building Inspector.) 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 applicant's proposed addition deck is at a setback similar to an existing neighbor's front yard setback (to the south). (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because other possible locations for the proposed addiUon are already occupied by a garage, driveway and septic system. (3) The requested area variance is not. substantial, representing a variance of five feet, or 14.2% of the code requirement. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on Page 2 - June 7, 1999 Appl. No. 4690 - A. & L. Richards 1000-143-2-24. the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. [n 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 addition, While preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for SUBJECT TO THE FOLLOWING CONDTTION: There shall be no other encroachment permitted into the front yard except for the proposed addition as shown on the Ingegno survey dated November ~13, 1998 and a 30 sq. ft. stoop (per Code). VOTE OF THE BOARD: Ayes: Goehdnger, Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.) 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 South01d, New York 11971 ZBA.Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DE-FERMINATION SPECIAL MEETING JUNE 7, 1999 ' Appl. No. 4672 - DOUGLAS a nd AMY ROSE STREET & LOCALITY: 500 Maple Lane, Southold DATE OF PUBLIC HEARING: May 20, 1999 1000-64-1-20 FINDINGS OF FACT PROPERTY FACTS/DESCR/PT[ON: The subject property consists of a total lot area of 31,486 sq. lt. with 120 lt. frontage along Maple Lane and an average lot depth of 262+- feet, Southold. The survey updated December 22, 1998 shows an existing one-story, single-family dwe!ling. The dwelling is shown at 88.6 feet at its closest point to the front property line and a nonconforming side yard setback at 13.8 feet. The remaining side and rear yard setbacks are conforming per code. BASIS OF APPLiCA-F[ON: Building Inspector Notice of Disapproval dated December 3, 1998 citing Article XXIV, Section 100-244.B for the reason that the Code requires a minimum side yard at 15 feet on nonconforming lots having more than 20,000 sq. ft. and less than 39,999 sq. ft. of land area. The existing 3.8 ft. side yard is proposed to be reduced to 11'8" at its dose, st point. No other variance has bccn requested through this building permit/appeal process. AREA VAP,[ANCE RELIEF REOUESTED: Applicant requests a Variance for a proposed addition, a small portion of which will be extending into a nonconforming side yard area. REASONS FOR BOARD ACT[ON: Alter consideration of the entire recorc~, 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, relatiog to only a 32 sq. lt. portion of the proposed addition, allowing the remaining side yard of the dwelling to remain at 13.8 feet. 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 32 sq. ft. of building 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 disbict because the remaining side yard setback of 13.8 feet will be maintained without further reduction. Page 2 - .lune 7, 1999 ZBA Appl. No. 4672 - D. and A. Rose Parcel ID :[000-64-1-20 (5) The alleged difficulty has not been self-created. In considering this application, the Board finds that a variance to allow construction of the proposed addition 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 Member Tortora, it was RESOLVED, to (;RANT the variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: ' 1. The proposed addition shall be limited to one-story height (same height of existing dwelling/roof line). The buffer of trees and shrubs shall remain and be continuously maintained in good condition at all times along the proposed addition and extending 40 ft. west of the addition. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING. (Member Collins was absent.)This Resolutio~pte~/~/~ / (4-0). ' ///~.~ ~/~/.~~ - j : GErhARD P. GOEHRIN For Filing about 6/10/99 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 MEETING OF JUNE 7, 1999 Appl. No. 4694- BARRY SHAPIRO STREET & LOCALITY: 625 Wood Lane, Peconic 1000-86-6-7 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the north side of a private road known as Wood Lane, in Southold. The property is nonconforming with a total area of 22,738.32 sq. ft. and lot width (frontage) along the roadway of 76.86 feet. The parcel is improved with a single-family dwelling with an existing setback 21 feet from the northwesterly comer of the dwelling to the bulkhead and' 37+- feet from the northeasterly corner of the dwelling, at the closest points. BASIS OF APPLICATION: Building Inspector's March 17, 1999 Notice of Disapproval citing Section 100-239.4B with respect to a setback reduction at the northwesterly corner from 21'7" (existing) to 14+- feet, at its closest point from the bulkhead, and at 11+- feet at the northeasterly corner, of the proposed deck addition. AREA VARIANCE RELIEF REQUESTED: Applicant is-requesting an open, unroofed deck at the north end of the dwelling, having dimensions of: 1! ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6". The proposed setbacks are: (a) 11 ft. from the bulkhead to the deck steps at the northeasterly corner; (b) 217"+- from the bulkhead to the deck steps at the northwesterly corner. No encroachment into the side yards is proposed for the deck addition. 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 applicant's proposed deck will be open and unroofed and will not be endosed. (2) The benefit sought by. the appliqant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the dwelling has bccn in its nonconforming IocaUon for more than 40 years. Page 2 - .lune 7, 1999 Appl. No. 4694 - Barry Shapiro 1000~86-6-7 at Peconic (3) The requested area variance is SL~bstantial, representing a reduction of 11 feet at 'the northwest corner and 21 feet at the northeast corner. (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 the variance is for an open, unroofed deck with easy access from the dwelling, for enjoyment of the out-of-doors without leaving the house. (5) The alleged difficulty has nOt bccn self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit ora new deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for, SUB.1ECT TO THE FOLLOWING CONDTF[ONS: 1. That there be no further reduction in the northerly yard setbacks noted above; 2. That the deck remain "open to the sky" and unroofed, as proposed. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing. (Member Collins was absent.) 'This Resolution was duly ADOPTED by ~4-0) vote of the Board. i //GERARD P. GOEHR[NGER, CHA[JT~IAN /~' FOR FILING abo~Jt 6/10/9~ ~' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OFSOUTHOLD 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 MEETING OF JUNE 7, 1999 Appl. No. 4693 - LEONARD TRAPIDO STREET & LOCALITY: 205 Carrington Road, Cutchogue 1000-11i-1-27 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the south side of Carfington Road, Cutchogue, and is referred to as Lot 395 on the Map of Nassau Point Properties, Section D. The property is approximately 25,250 sq. ft. in area with 120.88 ft. along Carrington Road, with a lot depth of 240+- feet. The parcel is improved with a single-family dwelling located 78 feet from the front property line. A previous determination was rendered by the Board of Appeals on May 23, 1974 under Appl. #1900 granting a variance with side yards at 15 feet and 10 feet, with the exception of a "false wall area which shall be no thicker than one foot." The present setbacks of the dwelling with side yards of 7.5 feet and 15 feet do not conform to the previous setbacks. BASIS OF APPLICATION: Building Inspector's December 1, 1998 Notice of Disapproval citing Section 100-244B with respect to an "as built" deck located on a nonconforming lot of 25,352 sq. ft. with less than the required cumulative side yard setbacks of 35 feet (total). The setbacks are requested at 7.5 feet and:15 feet for an "as built" storage building and wood deck. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the north end of the dwelling, having dimensions of: 11 ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6". The proposed setbacks are: (a) 11 ft. from the bulkhead to the deck steps at the northeasterly comer; (b) 217"+- from the bulkhead to the deck steps at the northwesterly comer. No encroachment into the side yards is proposed for the deck addiUon. REASONS FOR BOARD ACT[ON, 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 shed is for storage purposes and is at one-story height, and the "as built" deck is not a fully enclosed building, and will remain open Page 2 - _lune 7, 1999 Appl. No. 4693 - L. Trapido 1000-111-11-27 at Cutchogue and unroofed as a deck. (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 dwelling has been in its nonconforming location .for more than 40 years. (3) The requested area variance is not substantial, representing a reduction of 2.5 feet at the westerly side yard setback, and 2.5 ft. reduction in the cumulative side yard total. (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 the variance is for an open, unroofed deck with easy access from the dwelling, for enjoyment of the out-of-doors without leaving the hoUse, and an '~as buil~ shed for storage purposes. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the app icants to enjoy the benefit of a storage shed_and open deck addition, 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 Member Dinizio, it was RESOLVED, to. GRANT the variance, as applied for, SUB3ECT TO THE FOLLOWING CONDITIONS: 1. That there be no further reductions in either side yard; 2. That the deck _remain "open to the sky" and unroofed, as applied. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing. This Resolution WaS r duly ADOPTED by unanimous. (4-0) vote of the Board. //GERARD P. GOEHRIKfGER,/ For Filing about 6/10/99 -/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 IqEETING OF JUNE 7, 1999 Appl. No. 4689 - MERLON and ISABELLE WIGGIN STREET & LOCALtq~: 10940 Main Road, East Marion 1000~31 ~21-13 DATE OF PUBLIC HEARING: May 20, 1999 and June 7, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a corner lot located on the southerly side of the Main Road (State Route 25) and the westerly side of Truman's Path, in East Marion. The property consists of a total lot area of approximately one-half acre with 98.50+- It. frontage along the Main Road, and 221.90 ft. along Truman's Path (a private, traveled fight-of-way). BASIS OF APPLICATION: Building Inspector's January 21, 1999 Notice of Disapproval citing Article XXIII, Section 100-232B of the Zoning Code with respect to a berm constructed under Building Permit #24893Z, for the reason that the berm exceeds the maximum height requirement for a front yard and 'for a comer lot of two intersecting roadways. Article XXIII, Section 100-232B states: B. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of tw~ and one-half (2 1/2) feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic. AREA VARIANCE RELIEF REOUESTED: Applicant requesls a Variance for the berm at approximately 36" from grOund, in the area restricted at 30 ft. from the intersecting comer of the property, in both directions. Applicant stated that the remaining portions of the berm will meet the code's height limitatioi~ of 48" (maximum) within front yard areas on this comer lot. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. Applicant has testified that although he originally constructed the berm in accordance with the Town Code requirement, the Suffolk County. Water Authority rebuilt the berm as part of a water main installation project. The rebuilt berm altered its odginal dimensions and height, which exceed the height limit and are the subject of this variance request. 2. The Zoning Board Chairman met at the site with the applicant to reach a compromise that would take into consideration visual and safety.factors. The applicant has agreed to reduce/amend his requests, · and the Zoning Board of Appeals finds that the amended request is acceptable and reasonable. 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~ as amended~ will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the revised/reduced berm will not have a negative visual impact on the neighborhood or create unsafe traffic conditions. Page 2 - June 7, 1999 ZBA Appl. No. 4689 - M. & I. Wiggin Parcel 1000-31-11-13 at East Marion 2. The benefit sought by applicant cannot be achieved by some method, feasible for ~ ppellant to pursue, other than an area variance because after the berm was reconstructed by the Suffolk County Water Authority, it exceeded the Town Code's height requirement. 3. The requested area variance is not substantial and exceeds the height limit by not more than 12 inches. 4. No evidence has been submitted or presented to indicate that the grant of an area variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created and is due to improper reconstruction of the berm by the Suffolk County Water Authority. 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 berm, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLtlTIONIACTION: On motion by Member Tor~ora, seconded by., it was RESOLVED, to GRANT the variance, as amended by applicant and described below: 1. The berm shall be reduced to a maximum height of 30 inches for the .first 16 feet of distance (commencing from the northeast corner of the property at the intersection) in both directions; and 2. The berm shall be limited to its existing height for next 12 It. of length (within the 30 ft. long restricted area) at a maximum of 42 inches. 3. The remaining portions of the berm shall not exceed the code requirement at 48 inches along or within front property lines. 4. Railroad ties shall be placed at a setback of 10 ft. from the property line with reflectors (on posts). 5. The land monument will remain in its correct place (verified by a surveyor). 6. The existing tree limbs shall be trimmed to improve vLsibility. 7. The Board reserves the right to inspect and ask for additional maintenance (for .compliance with the above conditions). Vote of the Board: Ayes: Goehdngerf Dinizio, Tortora, Homing. This Resolution was duly ADOPTED (4~0). (Hember Collins was absent.-)