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HomeMy WebLinkAboutZBA-06/08/2000APPEALS 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 (631) 765-9064 Telephone (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, JUNE 8, 2000 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, June 2000 commencing at 6:38 p.m. Present were: 6:38 p.m. Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Chairman Gerard P. Goehdnger called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA REVIEWS/DETERMINATIONS: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to ADOPT the following RESOLUTION: BE IT RESOLVED to declare the following designations of Type II and Unlisted projects, and to declare No Adverse Effect on the Environment for the following: Unlisted Action Category: Appl. No. 4823 - L. and M. Beninati. Accessory B & B. Type Il Category: Appl. No. 4820 - D. Pdncipi (setback). Appll No. 4821 - E. Romagnoli (lot coverage and setback) Appl. No. 4825 - S. Testa (setbacks). Appl. No. 4826 - W. Penny III (building width) Appl..No. 4827 - V. Mangiamele (waiver to unmerge lot) Appl. No. 4828 - R. D'Urso & ors. (waiver to unmerge lot) Appl. No. 4829 - Dr. A. and W. Peluso. Garage Addition (Setback). Appl. No. 4830 - B. Hess (setback) (continued on next page) Page 2 - Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals Appl. No. 4831 - D. and J. Dey (yard location) Appl. No. 4832 - J. Sleckman (setback). Vote of the Board: Ayes: Goehdnger, Dinizio, Tortora, Homing, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. I. PUBLIC HEARINGS:. The Chairman introduced each application and proceeded with public hearings. Transcripts of the statements and discussions for the following hearings have been prepared by Lucia Farrell under separate cover. 6:39 p.m. Appl. No. 4820 - DOLORES PRINCIPI. This is an application under Article XXIX, Section 100-239.4A and submitted pursuant to Conditions set forth under ZBA Appeal No. 4225. Appeal No. 4225 was denied on May 4, 1994, with an exception for temporary placement of the existing cottage without expansion or enlargement for a limited pedod of up to five years in a location less than 100 feet from the Long Island Sound bluff. Applicant is requesting approval by the Board of Appeals for issuance of a Certificate of Occupancy as exists in its presen~-,~ location. Location of Property: Lot No. 2, Map of Blue Horizons, 4660 Blue Horizons Bluff~ Peconic; Parcel 1000-74-01-35.52. Mrs. Dolores Principal and her son, Richard Joseph Pdncipi,' Jr. both spoke in behalf of their application. Board Members asked for up-to-date information, an updated survey and other information that would show the condition of the bluff and changes dudng the past 6+- years. The Chairman indicated he is waiting for recommendations from the Suffolk County Soil and Water Conservation Distdct Office. The applicants asked for a postponement to the September meeting in order to provide the requested updates. (Please see written transcript of headng prepared separately.) RESOLUTION: Motion was offered by Chairm'an G6ehringe~ seconded by Member Horning, and duly carried, to RECESS the hearinff for a continuation at the Board's September (14th) Regular Meeting. This Resolution was duly adopted (5-0). 7:10 p.m. Appl. No. 4823 - LEE AND MARIE BENINATI. This is a request for a Special Exception under Article Iit, Section 100-31B(14) for renting of rooms in the owner-occupied dwelling for lodging and serving of breakfast to casual and transient roomers. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owner- residents of the dwelling. Location of Property: 3070 Peconic Lane, Peconic, NY; Parcel 1000- 74-3-15. Mr..and Mrs. Beninati spoke in behalf of their application. (There were no objections offered by anyone in the audience. Please refer to verbatim transcript prepared separately.) RESOLUTION: After receiving testimony, the Chairman offered a motion to close /he hearinq, seconded by Member Homing, and carded unanimously. This Resolution was duly adopted (5-0). 7:13 p.m. Appl. No. 4829 - DR. ANTHONY and WILHELM NA PELUSO. This is a request for a Vadance under Article XXIV, Section 100-244B based on the Building Inspector's April 21, Page 3 - Minutes .lune 8, 2000 Regular f4eeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 2000 Notice of Disapproval for the reason that the proposed garage addition will not meet the code requirement for a ten (10) ft. side yard setback. Location of Property: 185 Inlet Ddve, Greenport; Parcel 1000-43-4-37. Dr. Anthony Peluso spoke in behalf of this application. After discussions, Board Members asked Dr. Peluso if he would accept alternative relief in the event that a vote would not pass for approval, and Dr. Peluso wanted time to consider before answering the question. RESOLUTION: Motion was offered by Chairman Goehdnger, seconded by Mefnber Collins, to RECESS the headn,q as requested by Dr. Peluso for a continuation on July 6, 2000. Vote of the Board: Ayes: Goehdnger, Dinizio, Tortora, Homing, Collins. This Resolution was duly ADOPTED (5-0). 7:34 p.m. Chairman Jerry Goehringer recused himself and left the room while the headng was held. Chairman Pro Tern Jim Dinizio chaired the meeting at this time. 7:34 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee): This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. appeared for the applicants and requested a recess for the reason that the owner of the lot merged with his clienfs property was not given notice by their office. RESOLUTION: Motion was offered by Chairman Pro Tern Dinizio, seconded by Member Homing, and duly carded, to RECESS the headn.q for a continuation on JULY 6, 2000 as requested by applicants' attorney. This Resolution was duly adopted (4-0). Chairman Goehdnger was absent. 7:40 p.m. Chairman Goehdnger returned to the meeting at this time, and Chairman the remainder of the meeting. 7:40 p.m.. Appl. No. 4825 - STEPHEN TESTA. This is a .request for a Vadance under Article XXIV, Section 100-242A based on the Building Inspector's May 2, 2000 Notice of Disapproval for the reason that the proposed addition to dwelling will increase the degree of side yard nonconformance. The existing side yard is nonconforming at 13.7 feet on one side, and the code requ foment s 20 ft m nimum. Theexist ng side yards combined are nonconforming at 21.3 feet, and the code requirement for both sides combined is 35 t~et. Location of Property: 545 Reeve Avenue~ MattitL~¢k: Parcel 1000-1i4-9-9. Catherine Mesiaho spoke ir behalf of the Testa application. (Please see verbatim transcript for discussions.) (There were no objections offered by anyone in the.audience.) RESOLUTION: After receiving ~.e~timony motion was offered by Chairr:nan Goehdng~r, seconded by Member Tortora, tO close tl~e hear ng. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes 3une 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:45 p.m. Appl. No. 4827 - VINCENT MANGIAMELE. This is a request for a Lot Waiver under Section 100-26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31. Applicant's request to build on Lot 3 was disapproved on January 25, 2000 under Section 100- 25A for the reason that Lots 3 and 31 have been held in common ownership. Location of Property: Bray Avenue and Sixth Street, Mattituck. Gary Flanner Olsen, Esq. spoke in'behalf of the applicant. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carded, to close the hearing. This Resolution was duly adopted (5-0). 7:54 p.m. Appl. No. 4831 - DOUGLAS AND JANE DRY. This is a request for a Variance under Article III, Section 100-33 based on the Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the proposed accessory in-ground pool and pool house are located within front yard on Ship's Drive frontage instead of the required rear yard. Location of Property: 4745 North Bayview Road, Southold, NY; Parcel 1000-79-3-24.1. Mr. and Mrs. Dey~ spoke regarding their application. (There were no objections offered by anyone in the audience. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to dose the headng. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:56 p.m. Appl. No. 4826 - WILLIAM A. PENNY II1. This is a request for a Variance under Article X, Section 100-103C based on the Building Inspector's January 6, 2000 Notice of Disapproval for the reason that the proposed new storage building in this B-General Business Zone Distdct will have more than sixty (60) linear ft. of frontage on one street. Location of Property: 45450 C.R. 48, Southold; Parcel 1000-55-5-2.2. Mr. Penny spoke in behalf of his application and submitted an elevation map for the record. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Collins, to RECESS the headn,q for a continuation on JULY 6, 2000. Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). 8:16 p.m. AppL No. 4832 - JAMES SLECKMAN. This is a request for a Vadance under Article XXIV, Section 100-244B based on the Building InspectoFs May 11, 2000 Notice of Disapproval which states that the as-built deck addition does not conform to the required front yard setback of 35 ff. minimum. Location of P~bperty: 375 Oak Ddve SOuthold Parcel 1000-77- 2-12. J. Kevin McLaughlin~, Esq. spoke in behalf of the applicant. (There were no objections offered by Persons in the audience.) At this time the Board d~liberatio~s and granted the applied as applied for. (See attached official findings and determination/resolution, the original of which was filed with the Office of the Town Clerk.) Page 5 - Minutes 3une 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:25 p.m. Continued hearing: A & S SOUTHOLD OIL CORP. (with E.M. & T. Inc.). Property Location: 49670 Main Road, Southold; 1000-70-7-4. Architect Garrett Strang spoke in behalf of the applicant. After further discussions, the Boardindicated that it is requesting Planning Board comments since their department's reviews of Mr. Strang's June 6, 2000 letter and map information prior to the next ZBA public headng (July 6, 2000):' Opposing the code-authorized convenience store use, lighting and increased hours of business operations was Victor Trunce, immediate neighbor in the residence across Bayview Road. RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehdnger, seconded by Member Collins, to RECESS the headn,q for a continuation to be held JULY 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:00 p.m. Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Vadance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing nonconforming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Property: 1230 First Street, New Suffolk; Parcel 1000-117-7-29. Patricia Moore, attorney, appeared in behalf of Mrs. Romagnoli. (There were no objections offered by persons in the audience.) RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:22 p.m. Appl. No. 4830 - BENNETT HESS. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 9~ 2000 Notice of Disapproval which states that the proposed dwelling construction will not have a front yard setback of 35 feet on North Oakwood frontage. Location of Property: Comer of Peconic Bay Boulevard and North Oakwood Road, LaUrel; Parcel 1000-145-1-5 Denis Dugan, A.I.A. spoke in behalf of the applicant. (There were no objections offered by persons in the audience.) After receiving testimony, a motion was offered by Chairman Goehdnger, seconded by Member Collins, to CLOSE the headng. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:28 p.m. (Continued headng from May 4, 2000): Appl. No. 4818 - CHRIS MESKOURIS & ORS. Property Location: 675 Summit Ddve, Mattituck, NY; Parcel 1000-106-1-47. Chds Rivera spoke: in behalf of the applicants. 'Opposing the application were Viviafi Koch by Patficia Moore, who indicated an Interpretation Appeal will be forthcoming with respect to definitions (setbacks from a right-of-way). Chairman Goehdnger offered a motion, seconded by Member Dinizio, to POLL the Board about closing the headng based on the owner's application requesting variance relief. Members Dinizio, Tortora, Collins and Horning chose not to close the headng. Page 6 - Minutes .lune 8, 2000 Regular Meeting Southold Town Board of Appeals RESOLUTION: A motion was then offerecJ by Chairman Goehdnger, seconded by Member Dinizio, and duly carded, to RECESS the hearing to July 6, 2000. Vote of the Board: Ayes: All (5). End of hearings. III. DELIBERATIONS/DECISIONS: A. Carryover from previous meeting: Denial with Alternative Relief: Appl. No. 4804 - A. Gaddis Approval with Conditions: Appl. No. 4816 - V. Daley B. Carryovers from tonight's hearing calendar. Approvals: Appl. No. 4830 - B. Hess Appl. No. 4827 - V. Mangiamele Appl. No. 4831 - D. and J. Dey Appl. No. 4825 - S. Testa Appl. No. 4821 - E. Romagnoli Approval with Conditions: Appl. No. 4823 - L. and M. Beninati IV. RESOLUTIONS/UPDATES/OTHER: A~ RESOLUTION: Motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carried, to authorize advertising of the following new applications to be held Thurs., July 6, 2000: 6:30 p.m. Appl. No. 4829 - Dr. ANTHONY PELUSO. Proposed garage addition with insufficient side yard setback at 185 Inlet Ddve, Greenport. 6:35 p.m. Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI, Contract Vendees (Limpet~ Corp.). This is a request for a Vadance under Article XXIV, Section 100-244B, based on the Building Department's May 12, 2000 Notice of Disapproval. The reason that the application for a building permit for a one-family dwelling was disapproved is that the proposed structure is located at 20 feet with a cantilever and 18 feet in the rear, and the Code requires a minimum rear yard of 35 feet on this 11,107+- sq. ff. lot. Location of Property: 1510 East Gillette Ddve, East Marion; Parcel 1000-38-3-25. Page 7 - Minutes 3une 8, 2000 Regular Meeting Southold Town Board of Appeals IV. RESOLUTIONS/UPDATES/OTHER, CONTINUED: 6:40 p.m. Appl. No. 4838 - EDWARD SIDOR. This is a request for a Vadance under Article t11, Section 100-33 based on the Building Department's June 9, 2000 Notice of Disapproval. The reason that applicant's request for a building permit was disapproved is that the subject lot has two front yards, and the proposed accessory structure is located within the front yard on the eastern side of the lot. Location of Property: 200 Conklin Road, Mattituck, NY; Parcel 1000-139-4-12.2. 6:50 p.m. Appl. No. 4837 - HARRY CASHY and MARIA MISTHOS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. Charles Cuddy, Esq. 7:00 p;m. Appl. No. 4833 - JOHN AND HELEN BERDINKA. This is a request for a Vadance based on the Building Department's March 28, 2000 Notice of Disapproval. The reason stated fOr the disapproval is that under Article Ill-A, Section 100-30A.4, the Bulk Schedule requires a minimum lot size of 40,000 sq. ft. in this R-40 Residential Zone District and that the proposed lot line change creates a lot with a greater degree of non-conformity. Location of Property: 1260 and 1330 Factory Avenue, Mattituck; Parcel Nos. 1000-142-1-7 & 8. Daniel C. Ross, Esq. 7:10 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. 7:30 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued from June 8, 2000 hearing calendar). Proposed building greater than 60 ft. wide along C.R. 48, Southold; 1000-55-5-2.2. T. McCarthy. 7:35 p.m. Appl. No. 4813 - A & :S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from pdor headng calendars). Proposed canopy with request for variance on front Page 8 -~Minutes 3une 8~ 2000 Regular Meeting $outhold Town Board of Appeals (Resolution to Calendar July 6, 200 Hearings, continued:) yard setback and addition to building with insufficient rear yard setback at 49610 Main Rd. (and Bayview Rd.), Southold; 1000-70-7-4. Garrett Strang, R.A. 7:40 p.m. Appl. No. 4836 - VlVlAN KOCH. This is a request for an Interpretation of the Zoning Code, Section 100-13. regarding the setback(s) referred to in the~ Building Department's May 9, 2000 Notice of Disapproval, amended June 9, 2000. The June 9, 2000 Amended Notice of Disapproval reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across properly on eastedy boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right- of-way, 20 feet from property line. Location of Property: 675 Summit Ddve, Mattituck; Parcel 1000-106-1-47. Patricia C. Moore, Esq. Vote 7:50 p.m. Appl. No. 4818 - C. MESKOURIS. This is a request for a Variance based on a June 9, 2000 Amended Notice of Disapproval which reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Ddve, Mattituck; Parcel 1000-106-1-47. C. Rivera, CDR Consultants. of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business propedy coming before the Board at this time, the Chairman declared the meeting adjourned at 10:50 p.m ,~pproved - Gerard 15. Goefl'~nger, C~'~rman Respectfully submitted, Town Clerk, Town ci fcu~.kctd 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 (631) 765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4816 - VEDA M. DALEY 1000-31-8-1.1. Location of Property: 8900 Main Road, East Marion Date of Public Hearing: May 4, 2000; May 10, 2000 REQUEST MADE BY APPLICANTS: This is a request for an Accessory Bed and Breakfast for up to five (5) bedrooms n the applicant's residence for lodging and serving of breakfast in accordance with Article I11, Section 100-31B, subsection 14(a-d) of the Southold Town Zoning Code. The Applicant, Veda M. Daley, is the owner, and resides in the dwelling with her husband William Joseph. PROPERTY DESCRIPTION: The applicant's property consists of 39,926 sq. ft. of land located on the south side of the Main Road (State Route 25), in East Marion. The lot is improved with a single-family, two-story dwelling situated 24.5 feet from the front property line facing the Main Road and 12.7 feet from the east side line. Also existing on the property is a two-story frame barn and one-story garage building. Certificate of Occupancy No. Z-10460 was issued June 30, 1981 for the dwelling (updated pursuant to a Minor Subdivision Approval dated December 15, 1980 for a prior owner, Ernest G. Radford). The Applicant, Veda M. Daley, acquired the property on August 30, 1999. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence considered in this application, the Board determined the following Findings of Fact: 1) This Accessory Bed and Breakfast as requested is reasonable in relation to the Distdct in which is located and adjacent residential uses. 2) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts or nearby properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 4) 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 100-31 B(14), and Certificate of Occupancy or Certificate of Compliance regarding the proposed Bed and Breakfast use and occupancy. 5) 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 Chairman Goehdnger, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use SUBJECT TO THE FOLLOWING CONDITIONS: Page 2 - June 8, 2000 Re: 1000-31-8-1.1 (V. Daley B & B) Southold Town Board 8f ~l~Peals (1) A minimum of five (5) spaces shall be re-located closer toward center of existing driveway (within confines of applicant's property) and shall be screened by a row of 4 - 6 ft. high evergreens starting from barn and extending to driveway, approximately three feet inside property line and extend 40+- ft. in length from south/west comer of applicant's property north to existing evergreens; (b) stacked in front of barn and three (3) remaining spaces starting parallel from evergreens toward Route 25. (2) The southwest end of driveway past evergreens shall be chained off and a small sign which states "private" shall be installed. (3) There shall be no backing out of vehicles onto the state highway. (4) Applicant-Owner(s) shall obtain a Certificate of Occupancy of the new Accessory Bed and Breakfast in their residence. (5) The Board reserves the dght to inspect the Bed and Breakfast parking area and uses related thereto after reasonable notice to the owner of the property or by prearranged appointment. Vote of the Board: Ayes: Members Goehdnger (Chairman)~, Tortor_~_Co~i0s, and Horning. This Resolution was duly adopted (5-0). /~.~../~ / GERARD P. GC~EHRIr~GER, C~IRMAN ~ to: ~y cdr Ne~ Y,m'k P. 1/1 .[ ~OC APP~_,ALS BOARD MEMBERS Gerard P. G0ehringer, 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 (631) 765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4823 - LEE AND MARIE BENINATI. Street & Locality: 3070 Peconic Lane, Peccnic, NY Date of Public Hearing: June 8, 2000. Pamel 1000-74-3-15. REQUEST MADE BY APPLICANT: The basis of this request is Zoning Provision Article Ill, Section 100-30A.2B (R-40) and 100-31B(14-d). Applicant-owner is requesting a Special Exception for an Accessory Bed. and Breakfast for a maximum of three (3) bedrooms to be used. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owners, as their residence, for renting of three bedrooms by casual transient roomers. PROPERTY DESCRIPTION: The property contains a total lot area of 80,000+- sq. ft. with 120 fi. frontage along the east side of Peconic Lane and 155.20 ft. frontage along C.R. 48 (North Road), in Peccnic. The property is improved with a single-family dwelling for which a Certificate of Occupancy has been issued. A more detail description of the property and building is shown on the August 26, 1999 survey prepared for the prior owner (Dart). ADDITIONAL INFORMATION: Applicant has submitted a parking plan which indicates a parking area on the northeast, rear side of the house with access to Peconic Lane via a driveway. The plan indicates a total of six parking spaces, two for the existing residence and three/four spaces for the three-bedroom Bed and Breakfast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use distdcts, 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, order of the town would be adversely affected. 5) This zoning use is authorized by the Zoning Code subject to a Special Exception review and Page 2 - Appl. No. 4823 1000-74-3-15: Beninati B & B Southold Town Board of Appeals approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector. 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 Tortora, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) The parking area shall be located only in the area outlined on the map prepared for the pdor owners (Dart) dated August 26, 1999. A minimum of five (5) parking spaces, for this bed and breakfast use, shall be provided in accordance with the parking plan submitted with this application. 2) 3) To shield the parking area from view, the applicant shall maintain in good conditiop~ the existing fencing from the northeast side of the house to the southeast side of th~ driveway, and from the northeast side of the driveway to the northeast property line. The applicant shall maintain in good condition the existing shrubbery along the north and south property lines as indicated on the August 26, 1999 survey. 4) There shall be no backing out of vehicles onto the street(s). 5) Applicant-Owner shall obtain a Certificate from the Building Department for occupancy as a new Accessory Bed and Breakfast in an existing dwelling, as the owner's residence. 6) The Board reserves the dght to inspect the premises after notice to the applicant, or by prearranged appointment. VOTE OF THE BOARD: Ayes: Members Goehr'mg~), D',mi-zio~-T~Aora, Collins, and CHAIRMAN APPEALS <BOARD MEMBERS Gera?dtP2 G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 M~iin Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appi. No. 4831 - DOUGLAS AND JANE DEY. STREET & LOCALITY: 4745 North Bayview Road, Southold PARCEL ID: 1000-79-3-24A.(combined CTM Nos. 17 & 24) DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 44,321.96 sq. ft. and is improved with a two-story frame house. The lot has 125 ft. frontage along Ships Ddve and 130 ft. frontage along North Road to Bayview in Southold. The property is also referred to as Lot 3 in Bayview Woods Estates filed in the Suffolk County Clerk's Office in September 1970. BASIS OF APPLICATION: This is a request for a Vadance under Article III, Section 100-33 based on the Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the proposed accessory ~n-ground pool and pool house are located within front yard on Ship's Ddve frontage instead of a required rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance to locate a proposed accessory swimming pool and cabana structures approximately 150 feet from the property line along Ships Ddve and 25+- feet from the southerly side property line facing Lot 2. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed site of the swimming pool and cabana visually appears to be a true rear yard behind applicant's existing dwelling. The tocation is similar to other rear yard setbacks in the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area vadance because the lot is double in lot size (merged lots) and under the technical definitions of the zoning code has two front yards rather than a front and a rear yard. 3. The requested area variance is not substantial and exceeds the setbacks required for either a principal building or accessory building. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created, Page 2 - June 8, 2000 ZBA Appl..No. 4831 - D. Dey Pa~rcel 1000-79-3-24.1 at Southold 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 pool accessory structures, 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 Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehdn~' n)an')T~izio~_.~ortora, Collins and Homing. This Resolution was duly adopted (5-0.~/////,./// J~/~ ~ /~ERARD P. GOEHF~'N(JER, CI-~IRMAN APBE.&LS '~3OARD 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 (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 AppL No. 4804- ASTRID GADDIS 1000-126-1%6 STREET & LOCALITY: 7020 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: Apdl 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 19,227 sq. ft., lot depth of approx. 340 feet, width of 62 feet on Peconic Bay Boulevard and 66.56 feet on Peconic Bay. Applicant demolished a 1-1/2 story house under B.P. #26308-Z, in order to rebuild on its foundation with an expansion. According to the survey of John Ferrantello dated 6/28/93 and updated 8/31/99, the foundation of the former house was set at a 45 degree angle to the east and west lot lines. Because of its orientation, the closest points to the lot lines were at comers, 14.9 feet on the west and 4 feet on the east. The foundation setback from the bulkhead as 70.2 feet. An open patio extended about 18 feetfrom the house toward the Bay, to a setback of 52.5 feet from the bulkhead. At the time the property was first viewed by Board members, the former house had been demolished and the existing foundation had been expanded by new foundation work. BASIS OF APPLICATION: This is a request for a Vadance under Article XXIV, Section 100-242A based on the Building InspectoCs February 14, 2000 Notice of Disapproval which states that: (1) the proposed covered deck 10 feet deep, to replace the open patio on the Bay side, would have a setback of 61 feet from the bulkhead, and its construction would violate the 75-foot setback requirement of Code Section 100- 239.4B; (2) the corner of an addition at the northwest corner of the house would be 10 feet from the westedy property line, less than the existing 14'9" nonconforming setback of 14.9 feet and thus in violation of Code Section 100.242A. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance authorizing covered porches on the Bay side and northwest comer of the house. The revised site plan submitted Apdl 27, 2000, date stamped by the Board on May 1, shows the waterside porch to be 61.2 feet from the outer edge of the bulkhead, and the northwest comer porch to be 13.1 feet from the property line at the closest point. The latter porch has been reduced from the odginal proposal, which entailed a 10-foot setback. REASONS:FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and r~ersonal inspection, the Board makes the following findings: (1) The house is less than 75 feet from the bulkhead. Therefore, any construction above grade on the Bay side requires a variance. The former patio was at grade level at a setback of 52.5 feet from the bulkhead. The proposed porch would be on piles up to 18 inches above grade, and covered. (2) The proposed covered porch facing the Bay, although less deep than the former open patio, would be a much more massive structure and would add significantly to the bulk of the house. The Pa~e 2 - June 8, 2000 ZBA Appl. No. 4804- Astrid Gaddis Parcel 1000-126~11-6 at Laurel Code requirement for a setback from a bulkhead serves not only to protect the shoreline physically but also to prevent the intrusion of building mass into open shore areas. The size and bulk of the proposed covered porch facing the Bay would produce an undesirable change in the character of the neighborhood and detriment to nearby properties. (3). The pre-existing northwest comer setback of 14.9 feet is nonconforming and thus sets the limit for westerly setbacks under Code section 100-242A; anything less requires a variance. Applicant's original plan called for an addition to the house footprint with a comer only 10 feet from the westedy line. The revised site plan received on May 1, 2000, shows a covered porch at this corner with a setback of 13.1 feet. This is not a substantial reduction from the pre-existing setback, and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) Applicant purchased an older house, demolished it, and is building a much larger, more massive structure. Applicant was able to plan the new structure starting from 'the pre-existing foundation, and the difficulties applicant has encountered in complying with the Zoning Code are essentially self created. (5) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefits cfa new house of the sort he has planned while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the requested variance for a covered porch set back 61.2 feet from the bulkhead, and further RESOLVED, to GRANT the requested variance for a covered porch at the northwesterly corner with a setback of 13.1 feet as set forth in the revised site plan received by the Board on May 1, 2000. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Col~[i~m~YS: Tort~ra and Horning (suggesting denial as alternative). , , /~/ ', / For filing about 6/1///'/GERARD P. GOEH5/R0101~ER, 0HA'I'RMAN 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 (631) 765-9064 Telephone (631) 765-1809 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4830 - BENNETT HESS. This is a request for a Vadance under Article XXIV, Section 100- 244B based on the Building InspectoFs May 9, 2000 Notice of Disapproval which states that the proposed dwelling construction will not have a front yard setback of 35 feet on North Oakwood frontage. Date of Public Hearing: June 8, 2000 LoCation: Comer of Peconic Bay Boulevard and North Oakwood Road, Laurel. Parcel No. 1000-145-1-5. FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated May 9, 2000, denying a permit to construct a house on the property, for the reason that the proposed easterly front yard setback is 20.3 feet whereas Code section 100-244 requires 35 feet. RELIEF REQUESTED: Applicant requests a variance authorizing the loCation of a new house as proposed with an easterly front yard of 20.3 feet on North Oakwood Road; the southerly front yard of 60 feet on Peconic Bay Boulevard complies with the Code. 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 a comer lot with front yards on both the south (Peconic Bay Boulevard) and east (North Oakwood Road). The lot is long, measuring 200 feet deep from Peconic Bay Boulevard, but narrow, measuring only 66.67 feet from North Oakwood Road to the westedy property line. If the setbacks prescribed under Code section 100-244 were satisfied, a house on the lot could measure only about 21 feet on its east-west axis. Applicant needs a vadance in order to build a house of reasonable proportions. (2) A setback of only 20.3 feet is substantially less than the required 35 feet, However. it is reasonable in view of the shape of the lot. (3) Grant of the requested vanance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The proposed setbacks are reasonably consistent with those in the neighborhood, and the plan preserves vegetation between Peconic Bay Boulevard and the house. Without a variance, a house on the property would have to be very shallow from east to west, and long from north to south, which woUld be inconsistent with neighborhood appearance. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - Appl. No. 4830 1000-145-1-5 (Hess) June 8, 2000 ZBA Decision (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a reasonably proportioned house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the vadance as applied for. VOTE OF THE BOARD: Ayes: was duly ADOPTED (5-0). Goehringer, Dinizio, T~ing, Collins. This Resolution ,~ERARD P. GOEHRIN~ER, / CHAIRMAN APPE~ BOARD MEMBERS Gerard P. G0elitinger, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Roa~ P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No, 4827 - VINCENT MANGIAMELE. This is a reauest for a Lot Waiver under Section 100- 26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31. STREET & LOCALITY: Bray Avenue and Sixth Street, Mattituck. DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants Vincent and Barbara Mangiamele own SCTM lot 1000-126-7-3 ("Lot 3"), measuring 100 feet along Sixth Street in Mattituck and 150 feet deep (15,000 sq. ft.). Their home stands on that lot. Applicants also own the adjacent lot SCTM 1000- 126-7-31 ("Lot 31"), which is undeveloped and measures 150 feet along Sixth Street and 200 feet along Bray Avenue (30,000 sq. ft.). The area is zoned R-40. BASIS OF APPEAL: Building Inspector's January 25, 2000 Notice of Disapproval stating that Lots 3 and 31 have merged pursuant to Code section 100-25A. RELIEF REQUESTED: Applicants asked the Building Department for a determination as to the merger status of their property at Bray Avenue and Sixth Street. They stated that they wish to divide the vacant Lot 31 into two lots. However, the Notice of Disapproval simply states that Lots 3 and 31 have merged, and this appeal requests only the waiver of that merger, pursuant to Code section 100-26. Diwsion of Lot 31 would require separate consideration. 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 Vincent and Barbara Mangiamele purchased Lot 3 in June 1959. Rocco and Carmela Mangiamele purchased the adjacent vacant land (Lot 31) as a single parcel in 1964. Lot 31 was subsequently inherited by Vincent Mangiamele, and in Apdl 1979 was placed in joint ownership of the applicants. As a consequence of being nonconforming in size and in common ownership after July 1, 1983, Lots 3 and 31 have merged pursuant to Code section 100-25. (2) Lots 3 and 31 have been treated as physically separate properties. Lot 31 is vacant, wooded and not related visually to Lot 3. (3) Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential construction of only one single-family home. (4) Nearby tots on Bray Avenue seem generally to be somewhat smaller than Lot 31 and roughly equal to Lot 3. Waiver will recognize lots that are consistent with properties in the :i~age 2 -.]une 8, 2000 Lot Waiver ZBA Appl. No. 4827 - V. Mangiamele Parcel .D000-127-7-3 (and 31) neighborhood, and will recognize the lines of Lot 31 set forth in the deed conveying it to R & C Mangiamele. (5) Applicants have considered Lot 31, which they inherited more than 20 years ago, as an investment. If merger is not waived, applicants will own an unbuildable property of presumably little economic value. Waiver will avoid this economic hardship. (6) Construction on Lot 31 should require no significant change in the natural details, character and contours of the land. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the waiver of merger of Lots 3 and 31. VOTE OF THE BOARD: AYES: Members G~.~rm~zio, Tortora, Collins, and Homing. This Resolution was duly adoP ). APP~LS :~OARD MEMBERS Gerard P. G0ehringer, 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector'slMay 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing noncenfo{ming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Applicant's Property: 1230 First Slreet, New Suffolk; 1000-117-7-29. Date and Place of Public Hearing: June 8, 2000; Southold Town Hall, Main Road, Southold FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's amended Notice of Disapproval, dated May 9, 2000, denying a permit to construct a 5 x 12 foot addition to the house for the reason that this would '~ncrease lot coverage from 24.67% to 26.67%. The allowable coverage under Code section 100- 244 is 20%. RELIEF REQUESTED: Applicant requests a variance authorizing a 5 x 12 foot addition at the southwest front corner of the house, bringing lot coverage to 26.67%. 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 lot measures only 3000 sq. ft., and the existing house is very small, shown on a survey dated January 18, 2000 at 705 sq. ft. Testimony at the headng on June 8 indicated that the south-side "pop-out" is 7.5 sq. ft. larger than shown on the survey, making the house 712.5 sq. ft. (2) The Building Inspector's Notice of Disapproval states that current lot coverage is 24.67%; however, a house measurement of 712.5 sq. ft. results in coverage of 23.75%. In either case, coverage exceeds the allowable 20% and any expansion therefore requires a variance. (3) The proposed expansion is only 60 sq. ft. but according to applicant will significantly improve living conditions. Because the IoI~ is only 3000 sq. ft., the expansion adds 2% to lot coverage. (4) This Board is generally reluctant to permit lot coverage on the scale proposed by applicant. However, the proposed addition [nerely fills in the southwest front corner of the house a~d will not substantially increase its bulk. Because the property is bounded by water on the north and east, it does not appear seriously crowded despite the high degree of lot coverage. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - Appl. No. 4821 1000-I 17-7-20 (Romagnoli) June 8, 2000 ZBA Decision (5) Thera is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. (6) Grant of the requested vadance is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a more livable house while preserving and-protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the vadance as applied for. !aC,sTdE. ulOy~TD~)EpTBEC~A(I~_I~)' Ayes: Goehringer,/~.. ~-----~~~Difflzi~°rning' Collins. This Resoluiion ,~--G'ERARD P. GOEHRING~R CHAIR"MAN AJ-PEAI~ 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FI NDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl No. 4832 - JAMES and CATHY SLECKMAN STREET & LOCALITY: 375 Oak Ave, Southold DATE OF PUBLIC HEARING: June 8, 2000 1000-77-2-12 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property contains 7,200 sq. ft. in area, lot width along Oak Avenue of 60 ft, and lot depth of 120 feet. The lot is improved with a one-story, single-family dwelling as shown on the May 11,200 survey prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Building Inspector's May 11, 2000 Notice of Disapproval regarding applic.~nt's request for a building permit. The reasons for the disapproval is that the "as built" deck of 8' x 14.3 is less than the code requirement of 35 feet (or the average established in the area which has not been provided). The deck is 30.3 feet from the front property line. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for an 8' x 14.3' deck as built at the front of their dwelling. 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 ~n the character of the neighborhood or a detriment to nearby properties. The property is part of the old filed subdivision map of Goose Bay Estate. The house was built prior to zoning with a nonconforming front yard setback of 30.3 feet and the as-built deck addition replaced ste ps and landing which were also nonconforming. The deck addition and setback requested is not unusual for this old subdivision and will be in keeping with other 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 because the nonconforming front yard setback of the applicant's house was established prior to zoning, and any addition would require a variance. 3. The requested area variance is not substantial and represents a reduction of approximately eight (8) feet from the existing 30.3 ft. setback of the house. 4. The proposed vadance will not have an adverse effect or ~mpact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed construction wilt have an adverse impact on physical or environmental conditions. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was API;EALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing FINDINGS BOARD OF APPEALS TOWN OF SOUTHOLD DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone~ (631) 765-1809 Appl. No. 4825 - STEPHEN and DONNA TESTA. STREET & LOCALITY: 545 Reeve Avenue, Mattituck, NY DATE OF PUBLIC HEARING: June 8, 2000 1000-114-9-9 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 1.45 acres and is improved with a one-story frame house with attached garage and in-ground swimming pool. The lot has 25.76 ft. frontage (west line) along the Reeve Avenue, 658 ff. along the south line, and 126.97 ff. (east line) along Marratooka Lake, in Mattituck. BASIS OF APPLICATION: This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspectoes May 2, 2000 Notice of Disapproval for the reason that the proposed addition to dwelling will increase the degree of side yard nonconformance. The existing side'yard is nonconforming at 13.7 feet on one side, and the code requirement is 20 ft. minimum. The existing side yards combined are nonconforming at 21.3 feet, and the code requirement for both sides combined is 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance to locate a proposed addition extending 3.4 feet into the existing nonconforming side yard at the northwest comer of the existing dwelling. The setback reduction ~s proposed from 11.7 ff. to 10.3 ff. at its closest point. The total side yards are proposed at a total of 21.5 ff. (11.2 ff. and 10.3 ff.). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback is similar to others in the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the dwelling as exists not parallel with the north property line. 3. The requested area variance is not substantial and represents a 3.4 ft. reduction from the existing side yard setback.' 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. Page 2 - June 8, 2000 ZBA Appl. No. 4825 - S. Testa Pamel 1000-114-9-9 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 new addition, 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 Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehr'~, Din/iz-io--,-,-,-,-,-.T~rtora, Homing and I~RD P. GOEHRINGER~ CHAIRMAn'