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HomeMy WebLinkAboutZBA-04/19/2000 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES WEDNESDAY, APRIL 19, 2000 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall (Conference Room), 53095 Main Road, Southold, New York 11971, on Wednesday, Apdl 19, 2000, commencing at 6:30 p.m Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Linda Kowalski, Secretary to ZBA Absent were: George Homing, Member Lora S. Collins, Member. 6:30 p.m. Chairman Gerard P. Goehdnger called the meeting to order. RESOLUTION: The Board proceeded with Agenda Item I1: Motion was made by Chairman Goehdnger, seconded by Member Dinizio, to A. Add two new applications to the May 4, 2000 Hearings Calendar, for D. McGahan, Builder, and Robins Island Holdings new building setback; and B. Re-Open Headng in the Matter of Appl. No. 4780 - Lawrence and Joseph Pearlstein for May 4, 2000. "As Built" Shed location at 2225 North Sea Dr, Southold; 1000-54-4-23. (Ref. Letter received from owners explaining difficulties in locating shed under picture window, next to deck.); and C. Determine SEQRA - Type II Declaration in the Application of R. and S. Melamud, Appl. No. 4796 for a pool yard location in a side yard at East Marion. VOTE OF THE BOARD: AYES: Members Goehdnger, Dinizio, Tortora. (Members Homing and Collins were absent.) This Resolution was duly adopted (3-0). je 2 - Minutes ~eting held April 19, 2000 .~outhold Town Board of Appeals DELIBERATIONS/DECISIONS (Agenda Item 1). The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are .attached to this set of Minutes: Approvals with Conditions: Appl. No. 4793 - Thomas Taylor. Appl. No. 4795 - Charles Brienza. Appl. No 4797 - John Xikis. Appl. No. 4800 ~ Jeffrey Green Appl. No. 4803 - J. Meskouds. Appl. No. 4807 - C. Meskouds. Appl. No. 4799 - RuthAnn Bramson. Appl. No. 4808 - Peter and Maureen Moore. Appl. No. 4798 - John and Linda Kowalski. Denial with Grant of Alternative Relief: Appl. No. 4794 - Mark Lampl. Note: Carryover(s) to Next Meeting: Appl. No. 4796 - Ron and Susan Melamud. Appl. No. 4780 - Lawrence and J. Peadstein. There being no other business propedy coming .before the Board at this time, the Chairman declared the meeting adjourned. The meeting concluded at 7:48 p.m. Respectfully submitted, / ~ . / - f_indaKowals ',C ~~-'~/ Board of Appeals 4/26100 aFd P. C_~ehri~g~rECEIVED AND Ftl.zD T~ SOUT~IOLD DATE ~/z/~o '~-'~ ~ Tov'nn~. :'r!:. Town o~ APPEALS BOARD MEMBERS Gerard E 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 MEETING OF APRIL 19, 2000 Appl. No. 4795 - CHARLES BRIENZA 1000-15-9-1.5 Location of Property: 12~fO IL~ham Lane, Odent Date of Public Hearing: Apdl 6, 2000 FINDINGS OF FACT -PROP~~'TS/DESCRIPT!ON: is~a-41~ff~sq, ft. wateffTont=parcet- located on the Long Island Sound.: The lot has 135 ft. frontage along the north side of Latham Lane and lot depth along the east/southeast side of 193.38 fL The property is unimproved and a rock Wall exists at the northeast comer (along the stone beach) as shown on the February 10,. 2000 site plan prepared by Fairweather-Brown Design Associates. BASISOF APPEAL ~ Building InsP. ector's Notice of Di~approva dated January 20, 20130_; denying '.'' an application for a permit to builda dwelling because it will be setback less than 100 feet of the bluff (rock wall) as required by Code.Section 100-239 4A(1). RELIEF REQUESTED: ,~PPlicant [equests a vadance authorizing a dwelling with deck areas in a location 1:02 fee[from the mean' high water ne and 60+- feet from the bank (near rock wal) REASONS FOR BOARD. ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted ahd p~r~ona! inspect on, the Board makes the following findings: An undesirable Change w!ll, not be produced in the character of the neighborhood or a detriment to nearby p'roperties because building envelope as proposed iS. in keeping with the neighboring hoffie I(~cafi0ns inreference to the distance from the mean high'vat-er line as aDpr0ved bY the Town Trustees · (2) The benefit saught cannot be achieved by some method, feasib, l,e for the applicant to pursue other than a ~riarme~ .because compliance with the' code ~/ou d render the ot un~.~:~ble and mo~,ihg theenvelope would require further variances. (3) The amount of:relief requested is not substantial. (4) The v,adance Will not~ave an adverse effect or impact on the physical or environmental conditions in the neighborhOOd or district time preserves and heal~th~ safety and Welfare of the Page 2 - Apdl 19, 2000 ZBA Appl. No. 4795- C. Brienza 'Re: 1000-15-9-1.5 RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance requested. VOTE OF THE BOARD: AYES: (Members Homing and Collins were absent.) ' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. ,Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FIND NGS, DELIBERAT ONS AND DETERMINATION MEETING OF APRIL 19, 2000 Appt. No. 4799- RUTH ANN B~MSON 1000-31-14-4.5 STREET & LOCALITY: 12402 Main Road, East Madon DATE OF PUBLIC HEARING: Apdl 6, 2000 . F ND NGS OF FACT ~ROPERTY F~CTS7DESCR]PTIONF/ne applicant~-prope-rty~,onslst~.~Jg~'q:-F~irrarea with ~30 ft. fm~tage al0ng :a pdvate right-of-way leading to the 'Main Road (State Route 25), in East Madon. The lOt is improved wi~ a twO-stor~ frame _cottage and accessory garage aS shown on the November 3, 1999. survey prepared by Joseph A. Ingegno. Theexist ng cottag~/ff~hbwnat 63 feetat [ts closest poin[ to the wood;bulkhead. lg sic (100-239.4B)' o[ the Zon ng 56.5_(~) ft..setback,from.the bulkhead for a new addition. Article XXIII, Section 100-239.4B requires a minimum oL75 feet for hew building area'when a degree ct~ nonconformity iS-increaSed or expanded. ' ': ' :' ' AREA VARI/~i~CE RELIEF REQUESTED: Applicant requests a Vadance for an expansion 0fthe existing cotta0e fora Porch ~dditi0n at amininium of 56 feet to the bu khead (at its closest point) The setback from the bulkhead increases in a westedy direction along the proposed angle of the addition. REASONS FO.RBOARD 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 produce an undesirable change in character of neighborhood or a detriment to nearby properties. The proposed porch addition would extend approximately eight (8) feet seaward from a small cottage located on a well-vegetated blu~f} which is landward of the bulkhead. The porch would not be visible to nearby residences, nor was any evidence presented to suggest that it would adversely impact nearby properties. 2. The-benefit soughf:by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an. area variance because the applicant wishes to .enjoy the waterfront vista of this property and no othereltemative location provides a reasOnable opportunity for this benefit. Page 2 - April 19, 2000 ZBA Appl. No. 4799 - R, Bramson Parcel :[L000-3:1.-14-4-.5 physical or environment[ conditions, in th~ .neighborhood or district. The applicant has agreed to accept the folloWing conditions to mitigate any potential .adverse environmental impacts In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RE$OLYEJ3,~to GRANT theCvariance requested~SUBJECT-TO THEFOLL~WI~~-T:IGAIS~ 1. I[ be guttered on the cottage's southSide toa dry well,located northwest Of 2. ns were ., Tortora. .April 20, 2000 MEMBERS Gerard E 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 MEETING OF APRIL 19, 2000 Appl. No. 4800 - JEFF GREEN 1000-78-5-10 Location of Property: 480 Williamstsurg Dr., Southold. Date of Public Headng: Apdl 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION.'- The' -subject property is a 23,396 sq. ff. waterfront parcel located on Williamsburg Drive (a pdvate Road) off Bayview Road, Southold. The lot is improved with a 1-1/2 story frame house with existing open deck. BASIS OF APPEAL - Building Inspector's Notice of Disapproval dated March 2, 2000, denying an application for a permit to expand an existing deck on the grounds that a comer of the expanded deck would be less than 75 feet from a bulkhead. VARIANCE RELIEF REQUESTED~ Applicant seeks a variance authorizing the proposed expansion of the existing deck, with addition of a hot tub, resulting in a setback of 67.5 feet from the southwest corner of the expanded deck to the southerly bulkhead. (The deck will be closer to the westerly bulkhead, but well within the established setback of the house.) REASONS FOR BOARD ACTION: (1) (2) Applicant's house has a small deck centered on the south factade, which applicant wishes to expand so that it runs along the entire south fae~ade. The existing setbacks are such that such expansion is impossible without a variance allowing the southwest corner of the expanded deck to be less than 75 feet -from the southerly bulkhead. The Town Trustees have issued a waiver relating to the proposed expansion and the New York State DEC has issued a letter of-non-jurisdiction. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (3) The variance requeste~ is not substantial, and the proposed addition is not of a type that would produce an undesirable change in the character of the neighborhood or detriment to nearby properties. However, testimony was heard regarding the negative effect that plantings on applicant's property have had, and that future plantings may have, on sight lines in the adjacent canal, to the detriment of boating safety. (4) The' action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of an expanded deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 15age'2'- ~,pril 19, 2000 ZBA Appl. No. 4800 - J. Green Re: 1000-78-5-10 RESOLUTION: On motion by Cha rman Goehdnger, seconded by Member Tortora, it was RESOLVED, to GRANT the variance subject to the following CONDITIONS: 1. Applicant shall (as agreed) remove two (2) existing evergreen p ant rigs, one at the 19 ft. setback from the bulkhead and the other one at the 24 ft. setback from bulkhead; 2. App cant shall replant the above two evergreen plantings in a perpendicular line with other existing plantings and parallel to the deck/house, as agreed. The trees shall be continuously - '- trimmed'andmaintainedto keep clear visibility; . _ - - _- - 3. No other plantings shall obstruct access or interfere with navigability between these plantings and the house. VOTE OF THE BOARD: AYES: Members Goehdnger_E..(.Chairman), Dinizio, Tortora. (Members Collins and Homing were absent.)ThisResOl~ly, rad,,0pte~;0.)~ ~ GERARD P. GOEHRIN'~ER CH/~MAN ~ Apd121, 2000 APPEALS 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 (5t6) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 19, 2000 Appl. No. 4798 - JOHN and LINDA KOWALSKI. Location of Property: 930 Ole Jule Lane, Mattituck, NY Date of Public Headng: April 6, 2000 1000-114-12-13.7. REQUEST MADE BY APPLICANTS: This is a request for an Accessory Bed and Breakfast for up to three bedrooms in the applicant's residence for lodging and serving of breakfast in accordance with Article III, Section 100-31B, subsection 14(a-d) of the Southold Town Zoning Code. Applicants are the owners and residents of this dwelling. PROPER-D( DESCRIPTION:. The applicants' property consists of 2.49 acre_s-of larJd located along the attitucl~ The iotis improved with a single-family dwelling situated o~ vlattituck, with 200 ft. frontage and average depth of 680+- ft. An updated Certificate Of Occupancy No. Z-14730 was issued July 31, 1986 by the Town Building Department for this dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) ThisBed and Breakfast as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the ordedy and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, oCder of the town would be adversely affected. 5) This zoning use is authorized in the Zoning Code subject to a Special Exception review and approval by the Board of Appeals under Article III, Section 100-31B(14), and Certificate of Occupancy or Certificate of Compliance regarding the proposed Bed and Breakfast use and occupancy. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Dinizio, seconded by Member Tortora, it was Page 2 - April 19, 2000 Appl. No. 4798 - Accessory B & B 1000-11~,-12-13.7 IKowalski) RESOLVED~ to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Three (3) parking spaces, for this Bed and Breakfast Use, shall be located on-site (within the confines of the property lines). 2) There shall be no backing out of vehicles onto Ole Jule Lane. 3) Applicant-Owner shall obtain a certificate of occupancy of the new Accessory Bed and Breakfast in their residence ................... VOTE OF THE BOARD: AYES: Members~Chairman), Dinizio, Tortora. Collins and Homing were absent.) This Re~s dul~opted4~ .~ (Members ER/ y CHAIRMAN Apd121, 2000 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 FtNDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2000 Appl. No. 4794 - MARK LAMPL 1000-30-2-81 Location of Property: 910 The Strand, Pebble Beach Lot 127, East Marion Date of Public Headng: April 6, 2000 FINDINGS OF FACT :pROPER-T¥-FACTS/DESCR~PTION:-- The ;subject-grop-erty isa 23;375 sq~ R. ~wateffront parcel located on The Strand way in East Madon. The property is improved with a 1 and 2-story frame house with side yards at' 1~.9 feet on each side, existing front yard at 68.2 feet, and setback from the rear deck to the top of bluff at 75+- feet (66+- feet at the closest point to the west over the adjoining parcel). BASIS OF APPEAL - Building Inspector's Notice of Disapproval dated January25, 2000, denying an application for a permit to build an inground swimming pool because it will be setback less than 100 feet of the bluff as required by Code Section 100-239.4A(1). RELIEF ;REQUESTED: Applicant requests a vadance authorizing a 20 x 40 swimming pool in a location 42feet:from the top of the bluff, measured on a line drawn perpendicular from the center of the existing house and deck. At the headng on Apdl 6th, applicant indicated that alternative relief would be acceptable. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the follOwing findings: (1) The center of the existing deck on the rear of the house is 75 feet from the top of the bluff. The slope of the land and the existing setback from the street make a pool in the front yard impractical. Consequently, installation of a pool requires a setback variance. (2) Swimming .pools in rear yards are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) A report from the Suffolk County Soil and Water Conservation District states that vegetation. on the bluff is dense, and finds no problem with a pool located near the house as proposed. Although the Board heard testimony from an area resident to the effect that pools on the Sound bluff are a threat to the community wellbeing, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. Page 2 - Apdl 19, 2000 ZBA App No. 4794 - M. Lampl Re: 1000-30-2-81 (4) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief as applied for, and ALTERNATIVELY to GRANT vadance relief authorizing construction of a pool whose seaward edge shall be no closer than 50 feet from the top of the Sound bluff, measured on a line drawn perpendicular from the center of the existing house and-de-ck;:'-subject~to~the~ollowing CONDITIONS: ............ _..__._ :- .. = 1. Any decking around the pool that is above grade shall count as part of the pool for purposes of measuring the setback; No physical',connection to the house; 2. Drywell(s) shall be installed and no drainage of any sort shall be directed over the bluff. VOTE OF THE BOARD: AYES: (Members Homing and Collins were abse~:}~This Po CHAIRMAN 4/20/00 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ME~-ING OF APRIL 19, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4807 - JAMES MESKOURIS &.ORS. 1000-106-1-36 STREET & LOCATION: 1350 Sound Beach Drive, Mat'dtuck DATE OF PUBLIC' HEARING: Apdl 6, 2000 FINDINGS OF FAC'[_ PROPERTY ~=ACTCJ/DES£1~PT~ON:--The:-~pplicant'$ propeKYis::a 1-27t00 +--sq. -it~ar~-el:im~i~ved~fl'i-a ..... single-family one-story dwelling with existing decks. The lot is a waterfront lot with 50.75 It. frontage along Sound Beach Drive and 245.26 It. lot depth along the east property line. BASIS OF APPLICA'I'~ON: Building Inspector's 3anuary 25, 2000 Notice of Disapproval disapproving applicants request for a building permit for the reason that the root addrdon to existing deck was not rmitted ursua~t to Conditon #2of ZBA AppeaINo, 3951. Condition #2 of ZBA Appl. No. 395! dated October 17, 199Ostates "the deck shall remair~ ~pen, unroofed and unenclosed at all braes (as proposed). AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance for a roof addition over the ex~sting deck as shown on the March 8, 2000 construction plan. 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. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because similar decks with roofs exist on several houses in this neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than.an area variance because various awning devices have been erected to no avail as these temporary structures have not been able to withstand the severe weather conditions on the area. 3. The amount of relief request~ is not substantial because the proposed, roof structure will only cover the existing deck. 4. The vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a roof over the existing-deck, while preserving and protecting the character of the neighborhood and the health, safe[y, welfare of the communi[y. RESOLUTION/ACTION:. On motion by Mem .ber Dinizio, seconded by Member Tortora, it was Page 2 - April 19, 2000 ZBA Appl. No. 't807 - C. Meskouds & Ors. ParCel 1000~106-1-36 at Mattituck RESOLVED, to GRANT the vadance as applied for, SUB3EL-F to the following CONDI'F[ONS: 1. All construction including deck and roof overhang must remain landward (south) of the Coastal Erosion ~Hazard line. 2. The structure may not be pe~ rmanently enclosed (e~cept for screens). VOTE OF THE BOARD: AYES: M. embers Goehdnger April 20, 2000 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN'OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4803 - JAMES MESKOURIS & ORS. 1000-106-1-37 STREET & LOCATION: 1300 Sound Beach Ddve, Mattituck DATE OF PUBLIC HEARING: Apdl 6, 2000 FINDINGS OF FACT pR-(SPER~'~ FXCTSi~E~CRI[5~-I~)~i--'~h~-- _.-:--:_ ~.---~_~-- --::::~ _ .+__ s~-~{.- _~_._ applicant's property a 18,700 parcel improved with a single-family one:story dwelling with existing decks. The lot is a waterfront lot with 75.23 foot frontage along Sound Beach Drive and 254.46 foot lot depth along the easterly property line. BASIS OF APPLICATION: Building Inspector's January 25, 2000 Notice of Disapproval, amended March 8, 2000. Th~ reason stated in the Disapproval is that the roof addition to existing deck was not permitted pursuant to Condition #2 of ZBA Appeal No. 3951. Condition#2 of ZBA AppL No. 3951 dated October 17,-.199Q states "the deck shall remain open, unroofed and unenclosed at all times (as proposed)." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance for a roof addition over theexisting deck as shown on the March 8, 2000 construction plan. 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. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because similar decks with roofs exist on several houses in this neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance because various awning devices have been erected to no avail as these temporary structures have not been able to withstand the severe weather conditions on the area. 3. The amount of relief requested is not substantial because the proposed roof structure will only cover the existing deck. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2 - Apd119, 2000 Appl. No. 4803 - J. Meskouds & Ors. 1000-106-1-37 at Mattituck 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 roof over the existing 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 Tortora, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDIT~IONS: 1. All construction including deCk and roof overhang must remain landward (south) of tlte Coastal ErOsion'Hazard line. 2. The structure shall not be permanent y enclosed (except for screens). VOTE OF THE BOARD: AYES: (Members Homing and Co ns were April 2~1,2000 ~, Tortom. APPEALS BOARD MEMBERS Gerard E 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, DELIBERAT ONS AND DETERMINATION MEETING!OF APRIL 19, 2000 Appl. No. 4808 - PETER AND MAUREEN MOORE.; 1000-79-4-37 Location of property~ 2155 Anchor Lane'at Harbor Lights .Estates; Southold DATE OF PUBLIc HEARING: APdl 6, 2000 FINDINGS OF FACT pR--~O-i~ERTY~FACTSTDES~ION: Yne subject-property-is~a~t;000~'qrfftwParcel identifiedas ot ..... 26 on the Map of HarbOr, Lights Estates in Southold. The lot has 105 ft. frontage,along Anchor Lane and a lot depth of 200 feetL The lot is improved with a foundation which was constructed under Building permit No. 26382-Z issued Mamh 9, 2000 The poured-concrete foundation is shown at 12.3 fL (southeast~ comer)and 13.9 feet (northeast comer) fmrn the side line bordering Lot 25 to the east, and 30 ft. (garage comer) and 40.1+- ft. (northwest comer) from the side line bordedng Lot:27to the West. BASIS OF APPLICATION: Building Inspector's March 29 2000 .Notice. of Disapproval which states that proposed, one family~ dwelling on non,conforming 21,000 sq ft lot, not permitted pursuant t~/ArtiCle 'XXIv; Se~n'100-2~4~tB which requires: · a minimum front Yard setback of forty (4~1) feet, proposed projeb, t set at 3~;8+: feet · a minimum side yard-setback of fifteen (15) feet, proposed project set at 12.3+-'feet." AREA:VARIANCE RELIEF REQUESTED: Applicants are requesting Variances under Article Ill-A, Section 100-30A.3 for approval'of the front and side yard setbacks, "as built" for a new foundation (B.P. # 26382 issued 3/9/00), INFORMATION AND EVIDENCE: The applicant was issued a building permit on March 9, 2000 to construct a one-family dwelling based upon plans submitted that indica.te.d the dwelling conformed to the code-required front yard and side yard setbacks. The actual placement and shape of the house foundation were altered in construction which began shortly after the building permit was issued. Applicant has testified that the error was unintentional and that the cost of removing the foundation would be excessive compared to the degree of the variances requested. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on. the testimony presented, ma[edals submittedarid perSonal.inspection, the Board makes the following findings: l'.- Grant-&f'~ are~:-gadah-ces--w~-'ri6t-~r-oduce an undesirable change in the character of' the-' --- - neighborhood or~l~e~adetrimentf_o:nearbyprope~e~ Page 2 - April 19, 2000 ZBA Appi. No. 4808- Pete~ Moore Re: ~10-00-79-4-37 ..... The benefit sought by the app icant cannot be ach eyed .by some method, feasible for the applicant to pursue, other than an area vadance because the foundation was not constructed in conformance with the building permit. 3. The area variances are not substantial and represent a 3 (+-) ft. reduction in the 15-foot minimum eastedy side yard and 5 (+-) ft reduction in the 40 foot minimum front yard setback. 4. The proposed Variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distdct because dwellings to the west have the same~r-similarsetbacks ........... RESOLUTION/ACTION: :was ; RESQi~VEDi-to GRANT the'variance, sUBjECT TO THE FOLLOWING CONoi~i~Ni In aCCOrdance wi~ applicant's agreement, for a minimum distance starting at the front property line of 100 '-line ff. in hei . .-and subsequent owners. VOTE QF THE BOARD: AYES: Collins and Homing were absent,) Th APPEALS 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 (5!6) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2000 Appl. No.. 4793 - THOMAS TAYLOR. Location of Property: 2755 Westphalia Road, Mattituck Date of Public Headng: April 6, 2000 1000-114-10-20.. FINDINGS OF FACT -PROPER~ FACTStD .E'SCRtPTI~N-~-~t'he subj~-ctpr'olse'~ht i{'a~-iz-~800*:~.~[t"~Sarce I ~l°cated'a'c ...... '- Mattituck. The lot has 75 ft. frontage along the south side of Westphalia Road and ¢ lot is improved withe one-story frame dwelling and accessory ; . The dwelling has nonconforming side yards of 5+- ft. at :the at the east side, total nonconf0rm ng sides at 29'9~' (+:) feet, BASIS' OF AF~PLiCA~I~N;: :Buiiding Inspector's February 7, 2000 Notice of Disapproval (corrected Apdl 19 2000) for ~e reasons thaI~ (a) proposed deck addition at rear of dwelling Section XXIV, ,'3~ion'i]00-244 of ~ Zoning Code requires total side yards of not less than 25 feet; and (b) a side yard. Applicant is proposing total side yards of 24:5+, and 19 6 on the'east side')and accessory garage, part, the eastedy side yard. AR Applicant requests Variances under Article XXIV, Section 100-30A.4, based upon the Bui ding Department's February 7, 2000, Notice of Disapproval, and the building perm t application to locate (a) in the existing nonconform ~g Side ~/~rds fromthe required ); :northerly portion of garage partly in a side yard. INFORMATION AND E~tlDENCE: In reviewing the original Notice of Disapproval issued February 7, ,3nnn ~,,, *he ~uildin,, 'Dehartment the Board determined that the inspector's estimated lot size of 21,780 sq; ff. was incorrect,. !hereby a so nvahdating the correspondence code reqmrement f.o.r ~.mb[ne.d s}.d yards of 35 feet. A revised N~tice df Disapproved was issued oh April 19 2000 indicating me actua~ ~ot size to be 19,800 sq. ff. and the Code's combined side yard requirement of 25 feet. REASONS FOR BOARD. ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and~: personaiinspection, the Board makes the following findings: 1. Grant of the area variances will not product an undesirable change in character of ineighborhood °r detriment tO nearby properties. The proposed side yard vadance required is three iin~es (24 9 ff. - 25ff.)i The; pr°,p(~s~d construction ~3f a small addition to the front of the house fOllows the existing~ S~ack an~l footprint of fha westedy side of. the house The proposed w[apar_O?d covere~ PO~Ch will' reduce ~e easterly side yard setback by approximately five (~)feet b~ will. leave an amD[e minimum setback of 19 ft 6 inches. The propos(~ci additions will enhance Page 2 - April 19, 2000 ZBA App No 4793 - T. Taylor Re: 1000-114-10-20 the appearance of the dwelling and have'a positive effect on the neighborhood. Although the proposed deck on the rear of the house is in a conforming area, by extending the rear line of the house the existing accessory garage would become partially Iocat.ed in a side yard. This technical vadance will have no effect on the neighborhoOd as the garage has been in its present location for many years. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than area variances. The total side yards are three inches shy of the Code 3..' The area variances are not substantial and represent a three-inch redUction in 25-ft. total 4. The proposed variances will not have an. adverse effect or impact: on the physical or environmental conditions in the neighborhood or district. The requeste~i variances r~e-r~ly.=alloW the applicant to COnstruct modest additions to their dwelling. In considering this application, the Board deem,s this action 'to be and adequate to ~3reServ~-and Protect the character of the neighborhOod Welfare of the community. _ . RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehdnger, it was · ' RESOLVED, to GRANT the variances as apPlied for. VOTE OF THE BOARD: AYES: Members Goehdnger~(.C~,b~irman.)~o, Tortora. (Members Collins and Homing were absent.)This~d ~O~ ~,/~.~~ ' .~;'~ ~ERARD~=r'. ~,=~E'-HRiNG~R cHAi~Nr.: i . ~ Apd121, 2000 / APPEALS 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 APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2000 Appl. No. 4797 - JOHN XIKIS 1000-44-1-13 Location of Property: 5585 C.R. 48, Greenport. Date of Public Hearing: April 6, 2000 FINDINGS OF FACT PROPERTY~'A~3TS/DESCRIPTION:' -~l'he-'~ab]ect~ PropertTi~g 14T7~4-s~.'-ff.~watgffron-t- parcel - - located on the North Road (a/k/a County Road 48) in Southold. The 10t is wide along the Sound and road, but verY ShallOW at 63.28 feet along the east side. The property iS improved with a 2- storY frame house with open wooden decks as shown on the January 3, 2000 survey and bulkheading, returns and wood retaining wallsin several areas. BASIS OF.APPEAL- BUilding Inspecto(s Notices of Disapproval dated-January 24, 2000, denying an app ication for a permit: .... to locate a six-foot deep ex-tens on of the existing. ~.. deck., for.the: entireo t length of the deck. :~The app!~cati0n wa~s d!sapprovedfor the reasons.that jtWfl!~exceed the 20 Yo Io coverage limitation of the Code and that it iS located at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Code Sections: Article XXII1, Section 100-239A(2) and Article I IA, SeCtion 100-30A(13). ' ' RELIEF REQUESTED: Variance for a 6' x 67' deck addition at 8+- ff. from the bulkhead at mean highwater of the L.I. Sound. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1~ The property is very shallow, and the house is very close to the bulkhead. No deck addition of any sort can be constructed without a variance for lot line or bulkhead setback. 2. The proposed deck addition is modest in scale. Accordin~ ~o the Building nspector's calCulations, the addition adds 402 sq; ft., of which 255 sq. ff. are in excess of the allowable 20% lot coverage, bringing total coverage to 21.6%. The addition will not add massively to the appearance of the.house and wil n any event be located' on the water side whe-re itis not visible f~om the road. The deck addition will not add inany significant way to the Visual ctOwdedness'-of the neighborhood, and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 3. On JUly 2!, 1999the Town Trustees issued approvaJ_for ~n Amended~Permit~t° extend ' the existing deck Ou,~ approximately.six feet - 4, Thedeck~appears;~to raise no issues of runoff, erosion, etc; No;eviden~wa~ Page 2 - Apdl 19, 2000 ZBA Appl No. 4797 - J. Xikis Re: ;1000-44-1-13 introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions, 5. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of an open deck addition while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. .RESOLUT ON: On motion by Chairman Goehdnger, seconded by Member Dinizio, it was ............... ~P, E$OLVEDrtogrant the-vadance-asmqueSted~SUBJECT~o~the_followingCON DLT~iE)NS:~ ___ ~ _- 1. That there be no further vadance reductions in this area between the bulkhead and the house; and 2. That the deck remain open to the sky as appl ed for. VOTE OF THE BOARD: AYES: Members Goehdnger ( Homing and Collins were absent,) '] April 21, 2000