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HomeMy WebLinkAboutZBA-03/02/2000APPEALS 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 MINUTES THURSDAY, MARCH 2, 2000 SOUTHOLD TOWN BOARD OF APPEALS 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, March 2, 2000 commencing at 6:30 p.m. Present were: Gerard P. Goehdnger, Chairman James Dinizio, Jr;., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowalski, Board Secretary-Clerk 6:33 p.m. Chairman Gerard P. Goehdnger called the meeting to order. The Board proceeded with the first item on the Agenda as follows: I. RESOLUTIONS: A. SEQRA DETERMINATIONS: Motion was offered by Member Tortora, seconded by Chairman Goehringer, to declare the following SEQRA determinations: Type I1 Actions: Appl. No. 4784 - Jeffrey Kaytis. Accessory building. Appl. No. 4785 -Anthony Pin"era. Lot Waiver to Unmerge. Appl. No. 4786 - Dr. Vailo Benjamin. Deck addition. Appl. No. 4787 - John McCoppen. Accessory building. Appl. No. 4789 - Perry Angelson. Lot Waiver to Unmerge. AppL No. 4790 - Perry Angelson. Dwelling side yards. AppI. No. 4791 - Mark and Helen Levine. Setback/location house and pool. Appl. No. 4792 - Kathleen Tole and Mary Ann Durkin. Garage/front yard setback. Unlisted Action with Declaration of No Adverse Effect on the Environment as applied: AppI. No. 4788 - L.I. Vineyards. Tennis Court Fence Height. Page 2 - Minutes Regular Meeting - March 2, 2000 Southoid Town Board of Appeals Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). B. HEARING CALENDAR. Motion was offered by Chairman Goehringer, seconded by Member Collins, to confirm the March 2, 2000 Hearings as advertised in the February 17, 2000 edition of the official newspaper. Vote of the Board Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: The following public heatings were held. Please see wdtten transcripts of statements during the hearings prepared separately and filed with the ZBA Office and Town Clerk's Office for permanent record-keeping. 6:34 p.m. Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Vadance under Article II1~ Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the rear yard: Location of Property: 2225 North Sea Ddve, Southold; Parcel 1000-54-4-23. Mr. and Mrs. Peadstein were both present and spoke regarding their application. Opposing the application was the neighbor across the street, by his daughter V Lampeas. The Chairman asked the applicants to see what is involved with locating the shed in an area fUrther north, and offered a motion to recess the Apdl 6, 2000. The motion was seconded by Member Homing, and duly carded. adopted (5-0). 6:48 p:m. Appl. No. 4784 - JEFFREY KAYTIS. This is a request for a Vadance under Article .111, Section 100-33-based upon the Building Inspector's December 21, 1999 Notice of Disapproval for the location of an accessory garage in an area other than the rear yard at 2600 Paradise Point Road, Southold; Parcel No. 1000-81-3-15.4. William Goggins, Esq. appeared in behalf of the applicant. After receiving testimony, motion was made Chairman'Goehringer, seconded by Member Tortora, and duly carded, to close the hearing. This ReSolution was duly adopted (5-0). 6:58 p.m. Appl. NO. 4787 - JOHN McCORPEN. This is a request for a Vadance under'Article III, Section 100-33 based upOn the Building Department's October 21, 1999 Notice of Disapproval to locate an accessory garage in an area other than the rear Yard at 870 Oak Drive, South01d NY; County Parcel 1000-80-2-9 at Reydon Shores. Jason Leonard, Builder, appeared in behalf of the applicant. After receiving testimony, motion was offered by Chairman Goehdnger, seconded, by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5~0). 7:00 p.m. Appl. No. 4786 - DR. VALLO BENJAMIN. This i~ a request- for a Variance-under Article III, Section 100-32 based upon the Building Department's February 2, 2000 Notice of Disapproval to locate a proposed deck addition with a side Yard at !ess.than 20 feet. Location of Proper[Y: 29315 Main Road, Odent; Parcel No.-1000-13-2-4. Dr. Benjamin apPea~ in behalf of his appliCation. After receiving testimony, motion was offered by Chairmah:G0ehd0ger;' secOnded bY Member Collins, and duly carded, to c ose the hearing. This Resolution ~S dUly ad0pted'(5~0). '. ~. 7:05 p.m. - PERRY AND MELINA ANGELSON. Marion; NY; County Property: 350 Stratmors Road,.~.~,F~ -" Page 3 - Minutes Regular Meeting - March 2, 2000 Southold Town Board of Appeals (1) APpL No. 4789 - Lot Waiver under Section 100-26; based upon th9 Building: Department's January 21, 2000 Notice of Disapproval which states that "the subject parcel is on List at former Section 100-12 and that the subject parcel' is/was held in common ownership with adjoining lot SCTM #1000-21.1-1Oat some time after July 1, 1997. Lots have merged." (2] Appl. No. 4790 - Vadance under Section 100-244B to locate a proposed dwelling with combined side yards at less than 35 feet. Perry Angelson appeared .in behalf of his application. After receiving test mony, motion was offered by Chairman' GOeh~ger, seconded by Member' Homing, and duly carded, to close the hearing. This Resolution was duly adopted (5-0). 7:15 p.m. AppL NO. 4788 - LONG ISLAND VINEYARDS, INC. (CaStello di B0rghese LLC Owner). Applicant is requesting a Variance under Article XXIII, Section 100.231A .based: .upon the Building Inspector's December 6, 1999 Notice of Disapproval for fence height. Applicant is requesting an "as-built" fence above four feet in height as an enclosure of an existing tennis court structure~ built under Bud ng Permit No. 18977-Z. LOcatiOn of Property: 4780 Alvah's Lane, CutCl~°gue; County Parcel No. 1000-102: 1-3.4. Abigail A. Wickham, ESq appeared n behalf of the application. After receiving, testimony, motion was offered by' Chairman Goehdnger, seconded by Member Homing, and duly carded, to close the hearing. This 15,esolution was du y adopted (5-0). 7:30 p.m. Appl. No. 4779; DAVID AND ANN CORIERI, Continuation from last meeting? Proposed pool in side yard at 412 Park Avenue, Mattituck; 1000-123-7~9.2. Mr. Coded was Pmsentregarding his application. After a brief discussion, the Chairman offered a motion to. close the hearing, seconded by Member Tortora, and duly carried. This Resolution was duly adopted (5-0). 7:35 p.m. APpl. No. 4785 ~ ANTHONY PIRRERA. Th'S Is a request for a Lot Wa'ver under Section 100-26 of the Zoning Code based on the Build ng Departments January 18, 2000 Notice of Disapprova which states that a~piicant has applied for a det~rminat on of merger a~d is disapproved for. the reason that "the subject par~l~: has merged with an adjoining parcel SCTM #1000.15-3-16 pursuant toArticle II, Section 100-25A." Lo~ation of P~oPertY: 1525 $oundview Road, Odent NY; CoUnty Tax Map Parce No 1000-15-3-17. Also referred to aS Lot 18, and part of Lot No. 19; shown on the Map ofrOdent By The Sea, Section 2, filed November 21, 1957. patdcia C. MOore, Esq. appe~ared,with Mr Pirrera. After receiving testimony, mOtion was Offered bY Chairman Goehdnger, seconded bY Member Collins, and du y carded to close the headng. Thi~ ~Resoluti~n:was duly adopted (5-0) DELIBERATtONS/DECISIONS~' Agenda Item II1: 7:45 p.m. Appl. :No. 4782 - DANIEL AND MAUREEN MOONEY The Board approved the amended plan with c~nditions. A COpy of 'die Board's'decisiOn is. attachedi and incorPorated herein as though ful y set forth in its entirety. The odginal is! on file with the ToWn Clerk. Page 4 - A/d~utes Regular Meeting - March 2, 2000 Southold Town Board of Appeals DELIBERATIONS~DECISIONS, continued: 7:48.p.m. Appl. No. 4784 - JEFFREY KAYTIS. The Board approved the application: A copy of the Board's decision is attached andincorporated herein as though fully set forth in its entirety. The original is on file with the Town Clerk.. PUBLIC HEARINGS, CONTINUED: 7:55 p.m. AppL No. 4791 - MARK and HELEN LEVINE. This is a request for. Variances under Article XXIli,,SectiOn ~100-239i4 and Article III, Section 100-33, based upon the Building Department's November 26; 1999 Notice of Disapproval and February 9, 2000 Amended Notice of Disapproval. Applicants are propos nga new dwelling and accessory swimming pool, both proposed with a setback closer than: 1.00 feet from the top o[ the L.l:'s°und bluff~' and the swimming pool is also proposed in a side yard rather than a front or rear yard'. 0cation: .'LoCatiOn: 2510 Grand V ew Drive, odent; 10O0L14-2-3.7; also referred to as Lot 3 on the. Map of ,Grandview Estates at Odent:" 8:07 p.m. Appl. No. 4792 - KATHLEEN TOLE and MARY ANN DURKIN. This is a request for a Vadance under.Artic~!e: XXIV,. Section ~00-242A and Article III, Section 100-31 Bulk Schedule based upon the Building InspectOr's February 9 2000 Notice. of Disapproval. Applican:ts are propoSing'to constr~! addition to an existing dwelling for garage purPoSeS with an nsuff cient frOnt yard setback. Locatioi~. !~} Pipes Neck Road, Greenport; 1000-53-1-i6. ' Kathleen Tole apPeared and spoke in behalf of' 'her application. After discussions motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried t~ close the headng This Res01ut on was'du!y adopted (5-0). End of hearings. DEUBERATIONS/DECISIONS, Agenda item III; continUed. Copies are attached. The originals are on file with the Town Clerk: Approved with Conditions:. AppI. No. 4787 - John McCoppen. Appl. No. 47~0- Perryr Angelson AppL No. 4779 :- David C°ried (3.2). Approved as applied: Appl. No. 4789 - Perry Angelson Lot Waiver. Appl. No. 4785 - Anthony Pirrera Lot Waiver. Reversed Dec sion of Build ng nspector. Appl. No. 4~88 - L I. V neYards, ~. Denied: Appl. No. 4786 - Dr. Vallo Benjamin. Minutes Regular Meeting - March 2, 2000 Southold Town Board of Appeals DELIBERATIONS/DECISIONS, continued: Denied with Grant of Alternative Relief: Appl. No. 4791 - Mark Levine. Appl. No. 4791 - Kathleen Tole. (4-1) RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to approve Minutes of the following Meetings: Jan. 13, 2000; Jan. 19, 2000; and Feb. 3, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, to authorize advertising of the public hearings for the Apdl 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business proper y coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 9:20 p.m. Respectfully submitted, da Kowalski '~//~// rd Secretary-Clerk or Filing Case Decisions Attached: 11. _ ~;~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall ' 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4789-V - PERRY ANGELSON 1000-21-1-12 STREET & LOCALITY: 350 Stratmors Road, East Marion DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Map of Stratmors Estates as Lot 6, with a total lot area of 20,063 sq. ft. The lot has 104.03 ft. frontage along StratmOrs Road, East Marion. BASIS OF APPLICATIONS: Building Inspector's January 21, 2000 NOtice of Disapproval which states that under Section 100~244B combined side yards at 3$.feet is required for t,h,e p~°poSed dWelling. (With'regard to thb lot merger determination,' please' see the Board s': separate determination under Application No. 4790 rendered.simultaneously with this Setback determination.) RELIEF REQUESTED: Applicant requests a variance for combined side yards at 30 feet, and minimum 15 ft. at each side instead of the code requirement of 15 and 20 feet (total 35 feet combined). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: Grant of the area variance will not produce an undesirable change in the character of the neighborhoOd or a detriment to nearby properties. AppliCant's property size is 20,063 sq; ft., slightly 63 sq; ft. over the code's total side yard setbacks of 25 feet for lot sizes of- up 19,000 sq. ft. The five-foot variance'requested from the code requirement of 35.ft. combined side yards for lots 20,000 sq. ft. to 39,999 sq. ft. is reasonably appropriate for the minimal lot size difference, and is in keeping the side yard setbacks of other houses- in the area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance is not substantial and represents a five-foot reduction in the 3S-ft. combined side yard total. 4; The prOposed variance will not have an adverse 'effect or impact on the physical .or: environmental conditions in the neighborhood 'or d'istrict.. No evidence-as been. presented to suggest that the variance granted.herein Would have a negative impact on phYsical or environmental conditions in' the a~ea. ' Page 2 - March 3, 2000 ZBA Appl. No. 4789-V Re: 1000-21-1-12 (Angelson) Grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a dwelling in a practical ~location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING-- CONDITIONS: 1. The combined setbacks shall be no closer than 15 feet on the west side and no closer than !5 feet On the east side, at its closest points. 2. No further reduction in the side Yard setbacks in the future. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. ion~~/~~~ This Resolution was' duly adopt -0). · J~.~RD P. GOEHRINGER CH,~n~RMAN ,-~ ~proved for Filing . ~PEA~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4790: PERRY ANGELSON 1000-21-1-12 STREET & LOCALITY: 350 Stratmors Road, East Marion DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot (referred to herein as Lot_ 12) shown on the Map of Stratmors Estates as Lot 6, with a total lot area of 20,063 sq. ft. The lot has 104.03 ft. frontage along Stratmors Road, East Marion. BASIS OF APPLICATION:. Building Inspector's January 21, 2000 Notice of Disapproval which States that: (1) under Section 100-25A the'sUbject parCel is on List at SectiOn 100-12, and that the Subject parCel was held in common ownership with adjoining lot SCTM #1000-2%1-10 at some time after July 11 1997'and that thelots have merged; (-2) un(~erseCtion 100-24dB Combined side yards at 35 feet is required for the proposed dwelling. LOT WAIVER REQUESTED: Applicant requests:. (1) a Vadance for combined side' yards at 30 feet, and minimum 15 ft. at each side instead of the code requirement of 15 and 20 feet (total 35 feet combined); and (2) alot waiver to unmerge SCTM Lot 10 and 12. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Sub~livision LOt 6 (CTM Lot 12)was purchased in 19791by Daphnides. The Daphnides alsol . purchased an adjoining parcel (Subdivision Lot 5) CTM Lot 10 in 1970. These lots were shown on the Zoning Exceptions List of Subdivisions at Section 100,12;. whiCh exempted lots from mergers until January 1, 1997 (Ref. Section 100-25). 2. The Daphnides continued ownership of both lots, in separate deeds, until September 1997, at which time both lots merged under Section 100-25. The Applicants purchased Subdivision Lot #6'. in September 1997 and now wishes to build a dwelling. This cannot be done because of the eight- month 10t merger. 3.. The two Lots have been treatedl physically as separate properties. Lot 12, the unimproved~f property, has been left entirely in its natural state and is in no way related visually to =Lot 10. .: ~.:- ~ ' ~ ?.,. er' re ulti gn 4. Waiver of the merg will not s n a si ificant increase in the density.of the neighborhood .- . becauseit allows the potential for the;construction of. only one single4amily.home. .. -. --- Pa~'e 2 -. March 3, 2000 · ZBA Appl. No. 4790-W Re: 1000-2.1-1-12 (Angelson) 5. Waiver of the merger will recognize lots that are consistent with the s~ze of lots in the neighborhood. The unimproved Lot is similar in size to other lots on this Subdivision Map: 6. Waiver of the merger will recognize the odginal lot lines set forth on the copy of the Stratmors Estates subdivision map submitted by app icant's attOmey. ' 7. The vacant CTM Lot 12 comprises 20,063 sq. ft. in area with 104.03 ft. frontage along Stratmors Road. The Board understands that any future construction will be subject to reviews by-: other appropriate agencies. 8. If the merger lS not Waived, the applicants will not be able to use their land for a single-family dwelling. RESOLUTION/ACTION: On motion by Member Dinizio RESOLVED, to GRANT the Lot waiver; to unmerge Lots 12 and10, as applied for: VOTE OF THE BOARD: AYES: Members Homing. This ResOlUtior p.l APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4786 - DR. VALLO BENJAMIN 1000-13-2-4 STREET & LOCALITY: 29315 Main Road, Orient DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situate On a private right-of-way which extends off the north side of State Route 25 (Main Road) in Orient_ The lot is 3.036 acres and is improved with a single-family dwelling as shown on the survey updated October 16, 1999 prepared by Joseph A. Ingegno, L;S. The dwelling is situated 43.5 feet from the top of the bluff 43 feet from the west (side) property line, 118.5 feet from the east side line, and at least 300 feet from the front property line (driveway entrance area). BASIS OF APPLICATION: Building Inspector's February 2, 2000 Notice of Disapproval which states that under Section 100-32 of the Zoning Code, a minimum side yard is required at 20 feet, and applicant is prOposing a side setback at 15+- feet at one comer of the deck addition, as applied. AREA VARIANCE RELIEF REQUESTED: Appli~,ant proposes to attach a 20 x 40 ft. swimming pool to the west side of the house, surrounded by decking and forming an integral part of the house. To accommodate the project, the applicant requests a variance authorizing a side yard setback of less than 20 feet. The Notice of Disapproval states that the proposed side yard is +/- 15 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: The Code's setback requirements are intended to protect neighbors from encroachments. The setback requirements remain relevant in all cases, even though in this case the land west of applicant's property is vacant since it may be developed in the future. Section 267-b(3) of New York Town Law directs this Board (a) to consider whether the benefit sought by the applicant can be achieved by some feasible method not requiring an area- variance, and (b) if it grants a variance, to grant the minimum vadance necessary and adequate. Applicant plans to attach to his house a relatively large swimming pool with ample decks. In testimony, applicant stated that he had rejected the alternative of narrowing the pool and/or the decks, and that he had preferred to seek the variance he is requesting_ here. For this reason, the Board finds that applicant's difficulty is self-created. 3. This Board finds that applicant can achieve the benefit sought, that is, a substantial=sized pool attached to the hOuse, by making modest changes in the design. Thus, there-is available a Page ~ - March 2, 2000 ZEIA Appl. No. 4786 - Vallo Benjamin Re: 1000-13-2-4 feasible method not requiring an area variance. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to DENY the vadance as applied for. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora, Collins, and Homing. NAY: Chairman Goehdnger (suggesting an 18 ft. setback as an alternative). This Resolution was duly adopted (4-1). Approved for Filing --.R ,APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southoid Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION .' REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4779 - David and Ann Corieri 1000-123-7-9.2 STREET & LOCALITY: 412 Park Avenue, Mattituck DATE OF PUBLIC HEARING: JanuarY 13, 2000; FebruarY 3, 2000; March 2, 2000 FINDIN(3S OF FACT PRO~TS/DESCRIPTI.ON:. The sUbject Property comprises 57,115 sq..ff, in--th~'-R:40 Residential Zone District with 17i feet 'on Peconic Bay on the south and depths of apprOximately: 325 feet on the. west.and 348 [pet.on the east.. The property consists of part of Lot Nos. 7, 6 and 8' · on the-Map Of Ma~atookfi' ~ark. fil~'~ Rovemb~t 1,: lgo5 as M.~p ff~5~l; itis mfidned'by a:right-. :.of, waYlfrOrti Part Avenue,· ~?nich right-of-way ..continues 0~/ebthe*easted~; 25"feet'0f'th~ ~5/'~i~_e. rty all ~ ."'~! · ... the way to PecOnic Bay,'. An :updhteld .S~pt~mb~r- 13 'i999 isU~e:y'by ijo~eph '!-'. h~se ~th"'the f6!loWi~'?~.i'~a{~ly' setb~i~: at' 'the clo~e~: ~ints; "84:-feet fmrn" the [ower : (outer) bUlkhead, 36 feet from th~'~steflY'Property line; 32 feet· from the'tight:O[-way along the' east side, and 180 feet from thenortheriy property line. Two' accessorY"buildings, am located in the :" 'frOntyardal0ngtheweStlSideof.theproperty.-~"... -, .':..-:... .':~-. . :'BAsIs. OF ApPLICATi0Ni. BLdfii[i~g l~s~Ctor;s November s; 1999 Notice' Of Oi~ppro~aii 'denying· '.-..-a building permit.apPlicafl0i~ for. a 2~/fL bY 40 fL. in-ground swimming po01, for the reasons that utider :SeCti0rl .,100-33 ..(ref:; ~!0..0~/0AAfor R-40 Zone) requires that aCCessory buildings and '-' Structures. or other accessorY'~ses;~.il0cated in the rear yard. - .. ' AREA'VARIANCE RELIEF .REQUESTED: .Applicants originally requested, auth°rization to locate :..'.the pool'in the side yard~-12 feet'f/om the.westerly property line. FollOwing the first hearing, :.:..: .. app!i .cants sUbmitted, a 'FebruarY.3, ¢~;revised plan for a nan'owe[ poo!, with construction at 16" './' feeta[its:dl0sestis0mtfr°mthewe~tefi~'Pr°Pertyiine:~ ' :-..'i '.,. ::' " .-.' ..... '" REASONS FOR BOARD ACTION', ,DESCRIBED BELOW: On the basis Of testimony Presented,. - materials submitted and personal inspection, the Board makes the following findings: (1) Applicants State that it is imPractical to locate the pool in either the rear yard or front, yard. The . newly built deck facing the rear yard and'Peconic Bay measures, at the closest points, 84' feet. from- ''' the lower, bulkhead ~ the top of the blUff. This istoo shallow toac~_~' mm0date :. '.'. Code Section 109-259.4B. Page 2 - March 2, 2000 Appl. No. 4779 - D and A. C0deri Southold Town Board of ApPealS:~ house, in which case the principal structure side yard setback could be satisfied without the need for a variance. (3) There is no e~/idence that the action set forth below will have an adverse effect or impact on physical or-environmental conditions. The pool is proposed more than 75 feet from bUlkhead. (4) Grant of the requested variance is' the minimum necessary and adequateto enable applicants to enjoy the benefit of a swimming pool located in the west side yard, while preserving and protecting the character of the- neighb0~ood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio~ it was · at the'. (as · times. -VOTE OF THE :BOARD: AYES: Members Members Collins and Homing. ~ [ ' '~ ",, 'Oinizib;~:'Tort°ra., NAYS.~ ~, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4784 - JEFFREY KAYTIS 1000-81-3-15.4 STREET & LOCALITY: 2600 Paradise Point Road, Southold DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the easterly side of Paradise' Point Road, opposite North Bayview Road, in Southold. The lot consists of 2.88 acres with 294.34 ff. frontage along Paradise Point Road and 50:03 feet along Robinson ROad. The lot is improved with new construction as a one-story frame dwelling (BP ft25975). BASIS OF APPLICATION: Building Inspector's December 21, 1999 Notice of Disapproval which states that under Section 100-33of the zoning Code that an accessory garage must be located in a required rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance for an accessory three car garage proposed at 117+ feet from the front property line facing Paradise Point Road. The side yard setback is shown on the survey amended May 20, 1999 at 65 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area vadance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, the proposed three-car garage will be set back approximately 117 feet from Paradise Point Road and 93 feet from the closest (southwest) property line. The property is large (2.88 acres) and the location of the proposed garage provides more than ample space and pdvacy for this and surrounding properties in the area. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance. The applicant wishes to access the garage and new single- family dwelling from a private right-of-way off Paradise Point Road. In reviewing alternate sites to locate the accessory garage on the property, the board determined that there are nO perceivable benefits either to the adjoining neighbors or to the applicant to relocate the garage to a conforming area of the property. . 3. The requested area variance is not substantial because the front and side yard setbacks of the proposed accessory garage exceed the code requirements for principal dwellings. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The requested vadance merely -allows the applicant to centrally locate an accessory garage on a large piece of property with no hint or Page 2 - March 2, 2000 ZBA Appl. No. 4775 - J. Kaytis Re: 1000-81-3-15.4 AT Southold evidence of any adverse environmental impacts to the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied for and subject to the following CONDITIONS: (1) The setbacks from Paradise Point Road shall be 117+- feet and 93+- feet from the southwest propertY line, as requested; and (2) The use of the proposed garage shall be limited to accessory uses'related to the main building, shall not be converted to sleeping quarters, and shall not be rented for gainful purposes. (3) The utility of electdc shall be permitted. Vote of the Board: was duly ADOPTED (5-0). Ayes: Goehringer, DiniZio, Tortora, Homing, Collins. This Resolution /~oEr FP~iliRn gD ;1~ oGu?3E/6HJ0 0 ~ APPEA~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4791 - MARK and HELEN LEVINE 1000-14-2-3.7 STREET & LOCALITY: 2510 Grand View Drive, Mattituck DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is a 62,638 sq. ft. parcel known as Lot No. 3 on the Map of Grand View Estates at Orient. The lot is vacant and has a frontage along Grand View Drive of 43.96 ft. (radius), lot depth of 355.87 ft. on the west side, 397.48 feet on the east side, and 266.59 feet along the Long Island Sound. The January 27, 1999 survey prepared by John C. Ehlers, L.S. shows the crest of the bluff at about 110 feet from the northerly property line, with contours north to south, from 46 ft. at the crest to 28 feet (above mean sea level) at the southerly property line. BASIS OF APPLICATION: Building Inspector Notices of Disapproval dated November 26, 1999 and Amendment dated February 9, 2000. The reasons for the Disapproval are that the applicants' proposed dwelling and pool are both located less than 100 ft. from the top of the bluff, and the swimming pool is proposed in the west side yard. The Sections of the Zoning Code under which this application is filed are Article XXIII, Section 100-239.4 and Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED: Appl cants request variances to locate a proposed house and accessory swimming pool closer than 100 feet from the top of the bluff, and to locate the swimming pool in a side yard rather than the required rear or front yard area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The lot is wedge-shaped, with width declining significantly toward its south end. The shape and grade of the lot make it impractical to locate a swimming pool in the front yard. To place the pool in the rear yard would put it on the bluff overlooking Long Island Sound. The Board believes a side yard location for the pool is environmentally preferable. (2) Applicants wish to build less than 100 feet from the crest of the bluff in order to have a lot width that will accommodate the planned house and side yard pool. The proposal satisfies the Code's side yard setback requirements for the R-40 zone. (3) 'The relief set forth below constitutes a vadance for the bluff Setback of 20%, and is appropriate in light of other bluff setbacks in the area and the relatively stable condition of the bluff. For this reason, and because the house and pool will be located well away from the side property lines, the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - March 2, 2000 ZBA Appl. No. 4791 - Mark and Helen Levine Re: 1000-14-2-3.7 at Mattituck (4) There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the relief set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a dwelling and swimming pool, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Collins, it was RESOLVED, to DENY the variance applied for, and to ALTERNATIVELY GRANT variances authorizing; (1) construction of the proposed house and pool at a setback of no less than 80 feet from the crest of the bluff and (2) construction of the pool in the westerly side yard, provided that the side yard setbacks required in th~ R-40 zOning schedule are satisifed. VOTE OF THE BOARD: AYES:~~Members Goehdnoer ('Chaiq¥~an), Dinizio, Tortora, Collins, and Homing. This///'~~~i · _' ~RD. _P. G_.O..EHRIN~ER CHA~I~IAN Approved for Filing / · i~tPPEleel~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4788 - L.I. Vineyards, Inc./Castello di Bor.qhese, LLC STREET & LOCALITY: 4780 Alvah's Lane, Cutchogue DATE OF PUBLIC HEARING: March 2, 2000 1000-102-1-3.4 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 5.159 acre parcel that includes a 20' pdvate right-of-way giving access from the east side of Alvah's Lane, Cutchogue. The lot is improved with a one-story frame house and several accessory structures (see portion of survey prepared with respect to the conveyance of Development Rights to Suffolk County). BASIS OF APPLICATION: Building Inspecto¢s December 6, 1999 Notice of Disapproval which states that under Section 100-231-A of the Zoning Code, Permit to construct a tennis court fence enclosure is denied for the reason that the proposed fence is greater than four feet in height in a front yard. AREA VARIANCE. RELIEF REQUESTED: Applicant requests a vadance authorizing the existing tennis court fence at nine feet at its highest point above grade. The location of the fence 'ts shown at 45 feet from the east Property line and 75+- feet from the north property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection the Board makes the following findings: 1. In Apdl 1990, the former owner of the parcel obtained Building Permit No. 18977-Z for construction of a tennis court. The Permit application cleady showed that fencing 8 to 10 feet high would go around two~thirds of the court, and the Building Permit authorized the construction "as applied for.". 2. The fence is of the sort customarily found at tennis courts. A four-ff, high fence would be inadequate for a tennis court, and applicant therefore needs a taller fence to have a workable tennis court. 3. There is no evidence that the fence will have an adverse effect or impact on physical or environmental conditions. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Goehringer, itwas RESOLVED, that this Board finds that the fence in question was propedy built pursuant to Building Permit No. 18977-Z, and that this Board, pursuant to its authority under Section 267-b(1) of New York Town Law, hereby reverses the Building Inspector's December 8, 1999-Notice of P~ge 2 - March 2, 2000 ZBA Appl. No. 4788 - Lt Vineyards Re: 1000-102-1-3.4 at Cutchogue Disapproval. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, Tortora, Member Homing. This Resolution was d~ /~"-~~ ~'~ For Filing about 3/7/00 CH/(%/IP, MAN Collins. APPE '-ALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4782 -JOHN McCOPPEN 1000-80-2-9 STREET & LOCALITY: 870 Oak Drive, Southold DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located at Reydon Shores, Southold with 90 ft. frontage along Oak Ddve to the west and along a pdvate roadway to the east. The property consists of 14,850+- sq. ft. in lot area and is improved with a dwelling as shown on the Apdl 9, 1983 survey prepared by Young & Young, ES. for the applicant. The existing side yards of the dwelling are 22.9 feet at the south side and 21.9 feet at the north side. The setback from the front line facing Oak Ddve is at least 50 feet. BASIS OF APPLICATION: Building Inspector's October 21, 1999 Notice of Disapproval which states that under Section 100-33 of the Zoning Code, an accessory building is required to be located in a rear yard, rather than a side yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for to locate a 24 x 26 ft. accessory garage with a setback at 20 feet from the easterly front line (facing "Roadway") and three feet from the southerly side property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1) The lot size and shape are typical of the neighborhood. All of the lots on the easterly side of Oak Ddve and on the westedy side of Reydon Ddve back-up on the 25-ft. unnamed pdvate road (of which the paved width is about 10 feet). That road is used as a sort of alley for vehicular access to the houses abutting it, and many of those houses have garages facing on the pdvate road. 2) Applicant's difficulty adses because the unnamed road behind the house creates two front yards as determined by the Building Inspectors Notice of Disapproval, leaving the property with two front yards, two side yards, and no conforming rear yard area to locate the proposed shed. Therefore, a variance is required to locate the garage, and no other altemative sites would either be conforming or reasonable since the proposed location is in practica, treated as the rear yard of this and similar properties on the west side of Oak Ddve. 3) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the propOsed shed is consistent with neighborhood structures in the yards abutting the pdvate road, and is small relative to many such structures. 4) There are no factors present to suggest that grant of the requested vadance will have an adverse effect or impact on the physical or environmental conditions. Page 2 - March 2, 2000 ZBA Appl. No. 4787 - J. McCoppen Re: 1000-80-2-9 5) The grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a garage 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 Collins, it was RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITIONS: (1) The setback shall be no closer than 20 feet to the eastedy front property line and three feet to the southerly side property line. (2) The garage shall remain as an accessory use related tothe main structure and sh~all not be Converted to sleeping quarters - the building shall be used for garage and related accessory storage purposes. VOTE OF THE BOARD: AYES: Members Goehdng~an), D'/l~-io~ Tortora, Collins and Homing.;.: This Resolution was duly adopted (5-0). . ; /~- . ,~' For F'ding about 316/00 ~/ rkPI~EA~S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins GeOrge Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4782 - DANIEL AND MAUREEN MOONEY STREET & LOCALITY: 575 Pine Place, East Marion DATE OF PUBLIC HEARING: February 3, 2000 1000-37-4-16 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 145 and part of 146 on the Map of GardinerS Bay Estates, Section 2, Filed Map No. 275. The property has a frontage of_ 112.93 ff. along Pine Place and Beach Court, lot depth at 78.12 ft. on the east side and 102.40 ft.?, on the west side. The property consists of 10;298.47 square feet and is improved with a single- family dwelling. BASIS OF APPLICATION: Building Inspector's January 5, 2000 Notice of Disapproval which states that under Section 100-244B of the Zoning Code, the proposed deck construction will be less than the required 75 ft. from the existing bulkhead, and will exceed the 20% lot coverage limitation of Section 100-244B. AREA VARIANCE .RELIEF REQUESTED: Applicants originally prOposed decks 10 feet deep' along the front of the house and 18.25 feet deep along the north side, totaling 1144 sq. ft. according to the Notice of DisapprOVal and resulting in 26% lot coverage. Proposed setbacks from bulkheads were 13 feet at the northwest corner of the house, 19 feet at the north side, 14 feet at the northeast comer, and 47 feet at the east side. At the February 3, 2000 hearing, applicants submitted a revised plan for deck construction of 5 x 12 feet and 10 x 43 ff. (with roof) along the front of the house, and 16 x 24 feet along the north side. These all total 874 sq. ff., resulting in lot coverage of 23~4%. The amended setbacks are 20 feet on the north and 16 feet to the tie line at the Closest point on the northeast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants' lot is only slightly more than 1/4 acre, and is bounded on the north and east by bulkheaded waters. Although the existing house is relatively of modest size, there is little or no room for any sort of expansion without setback and lot coverage variances. The proposed addition of decks to take advantage of the views is impossible without vadance relief. (2) The deeper of the proposed decks is located on the north side of the house where it is visible only from the water. The covered deck along the front Of the house will extend the front modestly. The neighborhood is made up of generally small lots with generally faidy denser! coverage, and the proposed construction will not add to density in a way that would produce an undesirable change in the character of the neighborhood or detriment to nearby properties. ' Page 2 - March 2, 2000 Appl. No. 4782 - D. and M. Mooney Southold Town Board of Appeals (3) There is .no evidence that grant of the requested variance will have an adverse effect or 'rnpact on physical or environmental conditions. The Town Trustees have authorized the proposed construction. (4) Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of deck additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT a variance authorizing construction of deck additions as set forth in the revised plan submitted by. applicants following the February 3, 2000 hearing. VOTE OF THE BOARD: AYES: Members ( Tortora, Col ns, and '- Homing. For Filing about 316/00 ~PPEA'LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. T0rtora Lora S. Collins George Homing Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4785 -ANTHONY PIRRERA 1000-15-3-17 STREET & EOCALiTY: 1525 Soundview Road, Odent DATE OF PUBLIC HEARING~ March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property (referred to herein as Lot 17) is a vacant waterfront parcel on the north side of Soundv ew Road in Orient. A survey.by Roderick VanTuyl P.C. dated March 4; 1985 shows an area of 24,216 sq ft. The dimensions of the property are 100 feet wide by 246 feet deep on the west and 239 feet on the east. The lot adjoining, immediately to the west referred to as Lot 16, has approximately the same measurements and is.improved with a single-family dwelling. BASIS OF APPLICATION: Building Ins.p, ectoFs January 18, 2000 Notice of D sappreval which states only that under Section 100-25A the subject parcel has merged with an adjoining parcel SCTM # 1000- 15-3; 16." RELIEF REQUESTED: Applicant requests a Waiver of Merger pursuant to Article II, Section 100- 26 for Lot 17. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Julius and Rose Giarraputo, husband and wife, purchased Lot 17 in 1967, and held it as tenants by the entirety. Upon the husband's death in 1973, Rose Giarraputo became the sole owner of Lot 17; she Sold it to-the applicant in May 1985. Rose Giarraputo had purchased Lot 16 in 1960 and held it Solely in her name until 1987, when part ownership was transferred to family members.' Both nonconforming lots merged pursuant to Code Section 100-25A as the result of sole ownership by Rose GiarraputO from July 1,983 to May 1985. 2. Applicant purchased Lot 17 in May 1985 in the belief that it was separate and buildable. It appears that at the time of purchase, no thought was given to the possibility of merger of Lots 17 and 16. 3. Lot 17 is visually a separate property and not an integral part of Lot 18. 4. Waiver of the merger Will not result in a significant increase in the density of the neighborhood because it will result St ~m6St in the conStructio~ of only one single-family home. 5. Lot !7 and the nea~y lots on:bOth sides of Soundview Road were all created in the same subdivision. (Orient-By-Th~ Sea; Section I filed 1957). The lots 0n the north side of the road are all Page 2 - March 2, 2000 ZBA Appl. No. 4785 - A. Pin'era Re: 1000-15-3-17 substantially the same size as Lot 17, while the lots on the south side are smaller. Waiver will recognize a lot that is consistent with properties in the neighborhood and will recognize the established lines of Lot 17. 6. if merger is not waived, applicant will own an unbuildable soundfront property of no use to him for which he paid $135,000 in 1985. Waiver will avoid this economic hardship. 7. Lot 17 is generally flat, and construction on it should require no significant change in the natural details, character, and contours of the land. The Board notes that the lot is located on the Long Island Sound bluff, and that construction will be subject to applicable setback requirements. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the waiver applied for. VOTE OF THE BOARD: AYES: Members Goehdnge~.r.~an), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adop~ ~,.~~ )~PPE'A~'LS B'bARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 47.92- KATHLEEN TOLE and MARY ANN DURKIN STREET & LOCALITY: 750 Pipes Neck Road, Greenport DATE OF PUBLIC HEARING: March 2, 2000 1000-53-1-16 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located at the. end of a private 50-wide right-of-way off Pipes Neck Road at Pipes Cove in Greenport. This 21,447.92 sq. ft lot isshown on the Map of "Arshamomoque Villa Sites" filed September 31,1911, as Lots 33-A, 35 and 36. This lot is improved with a dwelling situated 13.7 feet from the side line and 18.1 feet from the front line at its closest points. BASIS OF APPLICATION:. Building Inspector's February 9, 2000 Notice of Disapproval which states that under Section 100-242A the applicants are increasing the degree of non-conformance at the existing front yard setback of 18.2 feet by reducing same to a setback of 3.7+- ff. AREA VARIANCE RELIEF REQUESTED: Applicants request a vadance for a 3.7 ft. setback from the front property line facing the right-of-way for a proposed 20 ft by 20 ff. garage addition. REASONS FOR BOARD ACTION, DESCRIBED BELOW: BaSed on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of an alternative area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' property is somewhat triangular, not square or rectangular, growing narrower at the comer where the dwelling is located. The yard areas opposite the front yard is adjacent to the tidal wetlands and Pipes Cove. The areas adjacent to the dwelling are open and no buildings are close. The right-of-way is privately used by the applicants for access to their dwelling and does not appear to be shared by any other residents. 2. The setback relief sought by applicant can be achieved by increasing the setback to five feet. The only available yard area faces the side and applicants may not locate a garage here because another area vadance would be necessary. ~ 3. No evidence has been presented to suggest that grant of a vadance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The Iocaflo@ of the garage is the farthest distance to the tidal wetland area. ~ 4. The alleged difficulty has not been self-created. RESOLUTION/ACTION: On 'motion by Chairman Goehringer, seconded by Member Dinizio, it was Page 2 - March 2, 2000 ZBA ¢,-4792 - K. Tole & ano. Re: 1000-53-1-16 at Greenport RESOLVED, to DENY the 3.7' requested setback, and to GRANT ALTERNATIVE RELIEF for a 5' setback. VOTE OF THE BOARD: AYES: Members Goeh~irman), Dinizio, Collins, and Homing. NAY: ,ose.o ~/~RD ~ G~EH~ING~ CHAIRMAN ~ F~ili~t3/6/00 --