Loading...
HomeMy WebLinkAboutZBA-07/06/2000Gerard 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JULY 6, 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, July 6, 2000 commencing at 6:35 p.m. Present were: Gerard P. Goehdnger, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Homing, Member (until 8:55 as agreed) Lora S. Collins. Member Linda Kowalski, Secretary to ZBA 6:35 p.m. Chairman Gerard P. Goehdnger called the meeting to order. I. SEQRA REVIEW DETERMINATIONS: Motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carried, to confirm the following actions: Unlisted Action Category with Negative Declaration (No Effect): None. Type II (No Further Review): Appl. No. 4835 - W. and G. Bertodatti. Addition - setback location. AppI. No. 4837 - H. Cashy and M. Misthos - Accessory structures/setback locations. Appl. No. 4838 - E. Sidor. Accessory building/yard location. Appl. No. 4833 - J. and H. Berdinka. Lot area in lot-line change request. Appl. No. 4836 - V. Koch. Interpretation of definitions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS: The following headngs were held, and except as may otherwise be noted below, the headng were concluded (closed): 6:37 p.m. Appl. No. 4829 - Dr. ANTHONY PELUSO. Proposed garage addition with insufficient side yard setback at 185 inlet Ddve, Greenport.~ Dr.-andMrs. Peluso both appeared and submitted an amended plan for a garage addition at 7'2" at its closest point to the north side property line. Also submitted were letters in support of the variance from neighbors. RESOLUTION[ After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Homing and duly carded, to close (conclude) the hearing. This Resolution was duly adopted (5-0). (Please see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Fan"ell, and filed with the Town Clerk for permanent record-keeping-) 6:41 p.m. Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI, Contract Vendees (Owner: Limpet Corp.). This is a request for a Vadance under Article X,XIV, Section 100-244B, based o~ 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. ft. lot. Location of Property: 1510 East Gillette Ddve, East Marion; Parcel 1000-38-3-25. (There was no appearance and the E~oard held off opening the hearing until the end of the remaining hearings, for a possible late appearance.) 6:43 p.m. AppL No. 4838 - EDWARD SIDOR This is a request for a Variance under Article III, 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 eastem side of the lot. Location of Property: 200 Conklin Road, Mattituck, NY; Parcel 1000-139-4-12.2. Mr. Edward Sidor spoke in support of his application. (There was no opposition submitted for the record at this time.) RESOLUTION: After receiving testimony, motion wa~ offered by Chairman Goehringer, seconded by .Member Tortora, and duly carded, to c~ose (cOnclude) the headng. This Resolution was duly adopted (5-0). (Please see the offce file as well as the transcript of verbatim statements prepared under separate cover by Lucia Fan"ell, and filed with the Town Clerk for permanent record-keeping.) DELIBERATIONS/DECISION: 6:46 p.m. Appl. No. 4839 - DR. A. PELUSO. Please see attached Findings and Determination as adopted, attached as though fully set forth herein. Page 3 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals IV. RESOLUTIONS/UPDATES/OTHER: Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to authorize advertising of the following new applications foe public hearings at the August 10, 2000 Regular Meeting: 6:15 p:m. A & S GULF. (Continued hearing) Vadance for canopy and addition due to setbacks and lot Coverage. Gasoline station located at the intersection of Main Road and Bayview Road, Southold. 6:20 p.m. Appl. No. 4835- WILLIAM F. and GLORIA BERTODATTI. 6:25 p,m. App No. 4826 - WILLIAM PENNY III. (Continued from eadier hearing calendars). Vadance requested based on a Notice of Disapproval which states that the proposed building is greater than 60 ft. wide; C.R. 48, Southold; 1000-55-5-2.2. 6:30 p.m. Appl. No. 4839 - WATER WENCHELL. 6:35 p.m. Appl. No. 4848 - SUSAN LOMANGINO. Vadance for accessory buildings, after moving principal 'dwelling location to the south of existing accessory buildings placing them in a new yard (front yard). 1150 Old Main Road and N/s Peconic Bay Boulevard, Laurel. 1000-122-7-8,6 containing 60+- acres. 6:40 p:m. Appl, No. 4840 '- MARGARET: AND EDWIN PISANI. Variance for deck addition to dwelling at less than required 75 feet from bulkhead at 7t80 Peconic Bay Boulevard, Laurel. 1000-126-11-9.1. 6:50 p.m; Appl. No, 4842 - JOHN AND LISA MOLNAR. 1000-86-1-4.24. 6:55 p.m. Appl. No. 4843 - M. COGEN and M. HOWARD. 7:05 p.m. Appl. No. 4844 -DONALD BUSKARD. 7:15 p.m. Appl. No. 4845 - ROBERT FRENTZEL_ 7:20 p,m. Appl. No. 4847 - ROGER YOUNG & ors. 7:30 p.m. Appl. No 4837- CASHY & MISTHOS. 7:35 p.m. Appl. No. 4846-W. and K. KNOERSCHILD. 7:40 p.m. Appl No. 4841 - E. AND I. SCHACHTER. Page 4 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals VOTE OF THE BOARD: AYES: All. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISION: Appl. No. 4838 - EDWARD SIDOR. Approved with conditions. See official Findings and Determinations as adopted, attached and incorporated as though fully wdtten and set forth herein. II. PUBLIC HEARINGS, continued: 6:50 p.m. Appl. No. 4837 - HARRY CASHY and MARIA MISTHOS. This is a request for a Vadance Article XXIII, Section 1.00-239.4(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. spoke in behalf of the owners-applicants, who were also present. Also speaking in support of the application was Joseph Ingegno, Land Surveyor. Opposing the application were owners of the westerly adjoining lot, Mary Butz'and Diane Ravitch. Also opposing the application were nearby landowners Diane Judd, John Mullady, Mrs. Toedter, Melanie Mitzner. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carded, ~to recess the headng until August 10, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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 Distdct 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. spoke in behalf of the applicants. (No one appeared in objection to the headng at this time.) (See decision later in meeting.) 7:44 p.m. RESOLUTION: Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI. Motion was made by Chairman Goehdnger, seconded by Member Homing, to RECESS this headng until August 10, 2000 unless Mr. DiNicole appears before the end of the meeting. VOTE OF THE BOARD: AYES: All. This Resolution was duly adopted (5-0). (Please note that Mr. Bertodatti did not appear before the end of the hearing.) v/ Page 5 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: CHAIRMAN GOEHRINGER RECUSED HIMSELF AND LEFT THE MEETING WHILE THE NEXT HEARING WAS CONDUCTED: 7:45 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. David Worthington Olsen, Esq. spoke in behalf of the applicants. Opposing the application were the owners of the adjoining lot (Lot 35), Cathy Williams and her husband Mr. Williams, neighbor Howard Wells, resident of Bay View Road, Steve Sweeney. After heating testimony, motion was made by Member Dinizio, seconded by Member Collins, and duly carried, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:27 p.m. CHAIRMAN GOEHRINGER RETURNED AND PARTICIPATED WITH THE REMAINDER OF THE MEETING: 8:28 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued from June 8, 2000 hearing calendar). Proposed building greater than 60 ff. wide along C.R. 48, Southold; 1000-55-5.2.2. The Chairman opened the headng and asked if anyone was present to speak for the applicant, and there was no response. Motion was offered by Member Collins, seconded by Chairman Goehdnger, to recess the headng to AUGUST 10, 2000 for an appearance and further information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:29 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from pd'Or hearing calendars) Proposed canopy with request for vadance on front yard setback and addition to building with insufficient rear yard setback at 49610 Mai n Rd. (and Bayview Rd.), Southold; 1000-70-7-4. Garrett Strang, R.A. spoke in behalf of the applicant, who (Sukru Ilgin) was also present. Opposing the application were Victor Trunce in behalf of his mother, an adjacent landowner. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carried, to RECESS the headng until AUGUST 10, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:53 - 9:30 p.m. Appl. No. 4836 - VIVIAN KOCH. This is a request for an Interpretation of the Zoning Code, Section 100-13, regarding the setback(s) referred to in the Building Departments 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 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 Drive, Mattituck; Parcel 1000-106-1-47. Patdcia C. Moore, Esq. spoke in behalf of Mr. and Mrs. Koch, who were also present. Speaking in behalf of the Building Department was its .Department Head, Edward Forrester. CDR Consultants (Chris Rivera) was present during the hearing.. After hearing testimony, motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carried, to close theheadng. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Homing left at approximately 8:55 p.m. and therefore was absent dudng the resolution) 9:30 p.m. - Appl. No. 4818 - C. MESKOURIS. This is a request for a Vadance 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 YvXIV, Section 100-2'!,'!,B which requires a minimum front yard setback of 40 feet; subject lot has right-of-way across property 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. C. R vera, CDR Consu tants Was present with Mr. Meskouds and spoke in behalf of the application. Opposing the application was Patdcia Moore, attorney for the adjoining landowner to the west, Mr. and Mrs. Koch~ who were also present. After headng testimony, motion was made by Member Dinizio, seconded by Member Collins, and duly carried, to dose the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Homing was absent atthis time.) End of headngs. Iii. DELIBERATIONS/DECISIONS: The Board deliberated on the following matters. The determinations were adopted as noted on the attached official findings and determination, Page 7 - Minutes Regular Meeting - July 6, 2000 Southold Town Board of Appeals the originals of which were filed with the Office of the Town Clerk pursuant to New York Town Law: Appl. No. 4833 - John and Helen Berdinka - (Approval). (No other decisions were rendered at this time, and matters pending deliberations and decisions were carded over to another meeting.) The Chairman called a Special Meeting for Tuesday, July 25, 2000 at 6:30 p.m. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 10:10 p.m. A p rp~o~d-'-f~( F~ilin g Respectfully submitted, Lin d~a~Kow/~/alski Decisions Attached: (3) APPE~ALS BOARD MEMBERS Gerard P. Goehfinger, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 2000 Appl. No. 4833 - JOHN AND HELEN BERDINKA 1000-142-1-7 and 8 STREET & LOCALITY: 1260 and 1330 Factory Avenue, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 PROPERTY FACTS: The parcels which are the subject of this lot-line change request are located on the easterly side of Factory Avenue in Mattituck and are each improved with a dwelling and accessory garage. The northerly lot (-I'ax Map Parcel 7) contains 9325 sq. ft. with 66 ff. frontage along Factory Avenue and the southerly lot (Tax Map Parcel 8) contains 9950 sq. ft. with 66 ft. of road frontage. The existing buildings are as shown on the July 8, 1994 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated March 28, 2000 denying a request for a lot-line change for the reason that the subject lots are non-cenforming in size and proposed lot line change creates a lot with a greater degree of non-conformity. The Bulk Schedule of the Zoning Code requires a minimum lot size of 40,000 sq. ft., except those lots in existence as provided under Article II (Non-Conforming Lots) of the Zoning Code. RELIEF REQUESTED: The applicants request an Area Variance to change the line dividing Tax Map Parcels 7 and 8 as follows: (a) Parcel 7 would be expanded by adding 2260 sq. ft. (16 ft. wide x 141.25+- ft. deep) resulting in a total area of 11,585 sq. ft. and lot width of 82 ft.; (b) Parcel 8 would be reduced by 2260 sq. ft., resulting in a total lot area of 7690 sq. ft. and lot width of 50 feet. 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 have owned Tax Parcels 7 and 8 for some years. Their home is on Parcel 7, which is currently the smaller of the two. Applicants state that they wish to move the lot line so that their garden, now located on Parcel 8, will be on Parcel 7. This goal cannot be achieved without a vadance authorizing creation of smaller dimensions for Parcel 7. (2) The proposed lot line change will increase one~:lot to 82 ft. wide. The change results in a lot reduction from 60 ff. to 50 feet wide, but will not affect the structures already on the two lots and will not change the appearance of the properties. Lots 50 feet wide are common in the neighborhood. For these reasons, grant of the requested vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - July 6, 2000 Appl. No. 4833 - John and Helen Berdinka Parcel~No. 1000-142-1-7 and 8 at Mattituck (4) There will be no increase in density and the lots are limited to not more than one principal residential building. (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to make the desired realignment of the two lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by C.~airman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the vadance as applied for. Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio, and Tortora. Nay: Member Collins because this is an unwarranted increase in nonconformity. (Member Homing of Fishers Island was absent during this vote.) ThisAResolutioFl~as duly ADOPTED (3-1). J,~vl~S DINIZIO, CI~IRMAN PRO TEM APPEALS iJOARD MEMBERS Gerard P. G0ehringer, 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TO~,VN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 2000 APPL. NO. 4829 DR. AND MRS. ANTHONY PELUSO STREET & LOCALITY: 185 Inlet Ddve (Lane), Greenport 1000-43-4-37 DATE OF PUBLIC HEARING: June 8 2000; July 6, 2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property contains approximately 12,800 sq. ft. with 125.71 ft frontage along Inlet Lane in Greenport and lot depth of 100 feet. The lot is ~mproved with a two-story, single-family dwelling, which covers at least 16% (2079 sq. ft.) of the lot. BASIS OF APPLICATION: Building Inspector's Apdl 21, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reasons for the disapproval is that the proposed garage addition will not meet the code requirement of a 10 ft. m~nimum side yard. AREA VARIANCE RELIEF REQUESTED: Applicant's original application was to locate a proposed one-story garage addition at 4.2 feet. On July 3, 2000, the applicant submitted an amended plan for an increased setback from 4.2 feet to 7.2 feet to the northerly side line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is somewhat small although similar in size to most lots on this block. The proposed accessory garage will be designed to blend' with the dwelling as an addition, rather than as a separate accessory building. The garage ~s proposed with a greater front yard set back than exists, and a large portion of this garage is actually located in the "rear" yard. 2. The requested area vadance is not substantial, resulting in a variance of 2'10" from the side yard requirement. 3. No evidence has been submitted to show that grant of the vadance will have an adverse effect or im pact on the physical or environmental conditions in the neighborhood or district. 4. The alleged difficulty has not been self-created. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a garage in a location feasible to the resident/property owners, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - .luly 6, 2000 ZBA Appk No. 4829 - Dr. and Hrs. A. Peluso Parcel 1000~4'3-4-37 at Greenport RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance for a proposed garage addition at 7'2" from the side property line, as applied for. VOTE OF THE BOARD: AYES: MEMBERS..... ~.~..GOEFJR1N"'~ [CH~DINIZIO, TORTORA, COLLINS, AND HORN lNG. This Re soluti //(~ERARD P. GOENf:RINGER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio. Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 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. 4838 - EDWARD SIDOR 1000-139-4-12.2 STREET & LOCALITY: 200 Conklin Road, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property comprises 37,102 sq. ft. with 150 ft. frontage along Conklin Road, lot depth of 237.21 ft. (north line) and 249.43 ft. (south line), and 150 ft. frontage along Mary's Drive (east line) in Garden Heights, in Mattituck. The westedy portion near Conklin Road is reproved with a house. A small shed is located on the property to the east facing Mary's Ddve. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 6, 2000 denying an application for a building permit for an accessory garage for the reason that the subject lot has two front yards, and the proposed building is located within the front yard on the eastern side of the lot. RELIEF REQUESTED: Applicant requests a variance under the zoning code to locate a 20' by 24' accessory garage located on the eastern portion of the property, with setbacks at 47 feet from the front property line and 15 feet from the north (side) property line. The height of the building is shown at less than 18 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1 Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large, deep, wooded lot and the proposed accessory building will be designed in the same style as other houses in the neighborhood, and finished with wood shingles to blend into the neighborhood. The accessory building is set back 47 feet from Mary's Road and is well-screened from view of most neighbors with mature trees. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area vadance because the applicant's property has two front yards and does not contain a rear yard, which is the only location that is conforming and would not reqmre a variance. 3. The requested area vadance is not substantial because the accessory structure meets the required front yard setbacks for principal structures from Mary's Road and Conklin Road. 4. The proposed variance wil not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to Page 2 - July 6, 2000 Appl. No. 4838 - Edward Sidor Parcel No. 1000-139-4-12.2 at Mattituck suggest that the proposed construction will have an adverse 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 a private storage building 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 Member Horning, it was RESOLVED, to GRANT the variance as applieC for and SUBJECT TO the following CONDITION: The accessory structure may contain provisions for electric but in no case shall it contain sleeping quarters or be used as a habitable structure. Vote of the Board: Ayes: Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. Resolution was duly ADOPTED (5-0). J,)~VI-ES DINIZIO, JR.,/CHAIRMAN PRO TEM This APPEALS BOARD MEMBERS 'Ge~,ai:d P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 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. 4833 - JOHN AND HELEN BERDINKA 1000-142-1-7 and8 STREET & LOCALITY: 1260 and 1330 Factory Avenue, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 FINDINGS OF FACT PROPERTY FACTS: The parcels which are the subject of this lot-line change request are located on the easterly side of Factory Avenue in Mattituck and are each improved with a dwelling and accessory garage. The northerly lot (Tax Map Parcel 7) contains 9325 sq. ft. with 66 ff. frontage along Factory Avenue and the southerly lot (Tax Map Parcel 8) contains 9950 sq. ft with 66 ff. of road frontage. The existing buildings are as shown on the July 8, 1994 survey prepared by Rodedck VanTuyl, P.C. BASIS OF APPEAL: Building Ir~spectoCs Notice of Disapproval dated March 28, 2000 denying a request for a lot-line change for the reason that the subject lots are non-conforming in size and proposed lot line change creates a lot with a greater degree of non-conformity. The Bulk Schedule of the Zoning Code requires a minimum lot size of 40,000 sq. ft., except those lots in existence as provided under Article Il (Non-Conforming Lots) of the Zoning Code. RELIEF REQUESTED: The applicants request an Area Vadance to change the line dividing Tax Map Parcels 7 and 8 as follows: (a) Parcel 7 would be expanded by adding 2260 sq. ft. (16 ft. wide x 141.25+- ff. deep) resulting in a total area of 11,585 sq. ff. and lot width of 82 ft.; (b) Parcel 8 would be reduced by 2260 sq. ft., resulting '~n a total lot area of 7690 sq. ft. and lot width of 50 feet. 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 have owned Tax Parcels 7 and 8 for some years. Their home is on Parcel 7, which is currently the smaller of the two. Applicants state that they wish to move the lot line so that their garden, now located on Parcel 8, will be on Parcel 7. This goal cannot be achieved without a variance authorizing creation of smaller dimensions for Parcel 7. '(2) The proposed lot line change will. increase one lot to 82 ft. wide. The change results in a lot reduction from 60 ft. to 50 feet wide, but will not affect the structures already on the two lots and will not change the appearance of the properties. Lots 50 feet wide are common in the neighborhood. For these reasons, grant of the requested vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - July 6, 2000 Appl. No. 4833 - John and Helen Berdinka Parcels No. 1000-142-1-7 and 8 at Mattituck (4) There will be no increase in density and the lots are limited to not more than one principal residential building. (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to make the desired realignment of the two lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, and Tortora. Nay: Member Collins because this is an unwarranted increase in nonconformity. (Member Horning of Fishers Island was absent during this vote.) This/~esolutio?~s duly ADOPTED (3-1). D N[Z O, C RMAN PRO TEM 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 2000 APPL NO. 4829 DR. AND MRS. ANTHONY PELUSO STREET & LOCALITY: 185 Inlet Drive (Lane), Greenport 1000-43-4-37 DATE OF PUBLIC HEARING: June 8, 2000; July 6, 2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property contains approximately 12,800 sq. ft. with 125.71 ft. frontage along Inlet Lane in Greenport and lot depth of 100 feet. The lot is improved with a two-story, single-family dwelling, which covers at least 16% (2079 sq. ft.) of the lot. BASIS OF APPLICATION: Building Inspector's Apdl 21, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reasons for the disapproval is that the proposed garage addition will not meet the code requirement of a 10 ft. minimum side yard. AREA VARIANCE RELIEF REQUESTED: Applicant's odginal application was to locate a proposed one-story garage addition at 4.2 feet. On July 3, 2000, the applicant submitted an amended plan for an increased setback from 4.2 feet to 7.2 feet to the northerly side line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area vadance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The property is somewhat small although similar in size to most lots on this block, The proposed accessory garage will be designed to blend with the dwelling as an addition, rather than as a separate accessory building. The garage is proposed with a greater front yard set back than exists, and a large portion of this garage is actually located in the "rear" yard. 2. The requested area variance is not substantial, resulting in a vadance of 2'10" from the side yard requirement, 3. No evidence has been submitted to show that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 4. The alleged difficulty has not been self-created. 5. Grant of the requested vadance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a garage in a location feasible to the resident/property owners, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - .luly 6, 2000 ZBA Appl. No. 4829 - Dr. and Mrs. A. Peluso Parcel 1000-43-4-37 at Greenport RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, it was RESOLVED, to GRANT the vadance for a proposed garage addition at 7'2" from the side property line, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEtJRIN'~ (CH~q~,~DINIZIO, TORTORA, COLLINS, AND HORNING. This Resoluti0~lY A~ .PT~,~--~/,,,~. 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 JULY 6, 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. 4838- EDWARD SIDOR 1000-139-4-12.2 STREET & LOCALITY: 200 Conklin Road, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 FINDINGS O F FACT PROPERTY FACTS: The subject property comprises 37,102 sq. ff. with 150 ft. frontage along Conklin Road, lot depth of 237.21 ft. (north line) and 249.43 ft. (south line), and 150 ft. frontage along Mary's Ddve (east line) in Garden Heights, in Mattituck. The westedy portion near Conklin Road is improved with a house. A small shed is located on the property to the east facing Mary's Ddve. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 6, 2000 denying an application for a building permit for an accessory garage for the reason that the subject lot has two front yards, and the proposed building is located within the front yard on the eastern side of the lot. RELIEF REQUESTED: Applicant requests a variance under the zoning code to locate a 20' by 24' accessory garage located on the eastern portion of the property, with setbacks at 47 feet from the front property line and 15 feet from the north (side) property line. The height of the building is shown at less than 18 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large, deep, wooded lot and the proposed accessory building will be designed in the same style as other houses in the neighborhood, and finished with wood shingles to blend into the neighborhood. The accessory building is set back 47 feet from Mary's Road and is well-screened from view of most neighbors with mature trees. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the applicant's property has two front yards and does not contain a rear yard, which is the only location that is conforming and would not require a variance. 3. The requested area vadance is not substantial because the accessory structure meets the required front yard setbacks for principal structures from Mary's Road and Conklin Road. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to Page 2 - July 6, 2000 Appl. No. 4838 - Edward Sidor Parcel No. 1000-139-4-12.2 at Mattituck suggest that the proposed construction will have an adverse 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 a pdvate storage building 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 Member Homing, it was RESOLVED, to GRANT the variance as applied for and SUBJECT TO the following CONDITION: The accessory structure may contain provisions for electric but in no case shall it contain sleeping quarters or be used as a habitable structure Vote of the Board: Ayes: Goehdnger (Chairman), Dinizio, Tortora, Collins, and Homing. Resolution was duly ADOPTED (5-0). J~vl-ES DINIZIO, JR.j~HAIRMAN F~RO TEM This