The URL can be used to link to this page

Home My WebLink AboutZBA-08/10/2000 APPE~ BOARD MEMBERS %~ Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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 MINUTES REGULAR MEETING TH URSDAY, AUGUST 10, 2000 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 1197t, on Thursday, August 10, 2000 commencing at 6:20 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora Member George Homing, Member (until 8:55 as agreed) Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was: James Dinizio, Jr., Member (illness). 6:20 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. SEQRA REVIEW DETERMINATION,g: Motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carded, to confirm the following actions: Unlisted Action Category with Negative Declaration (No Effect): None. Type II (No Further Review Steps Necessary under SEQRA): #4840 - Pisani_,_~E and M. Deck addn/bulkhead. Peconic Bay Blvd., Laurel #4843 - ~. Addn./Side yard. Fleetwood Rd, Cutch. #4846 - Knoerschild, W. & K. Garage/side yard. Fairway Farms, Cases La Ext. #4841 - Schachter, E. Waiverto unmerge lot. Smith Dr. N., Southold #4844 - Buskard, C. Addn & Pool. Lot coy. and side yard loc. E. Gillette Dr. #4847 - Youn,q, RoRer. Lot Waiver. #4818 - C. Meskouds - Front yard setback/principal building. Mattituck. ~4839 - Wenchell, W. & L Rear yard for addn. at Hiawathas Path. #4842 - Molnar, J. As built deck/rear yard at Indian Neck La., Peconic g4845 - Frentzel, R. AddnJrear yard. Old Orchard La, East Marion. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 2 - Minutes Regular Meeting - August z0, 2000 Southold Town Board of Appeals II. DELIBERATIONS/RESOLUTIONS: The Chairman proceeded with the following agenda items: A. Appl. No. 4828 - ROBERT D'URSO. Letter from the applicant's attorney, Gary Flanner Olsen, Esq. with request to Reopen the Headng on this matter for clarification of testimony offered. RESOLUTION: Motion was offered by Member Tortora, seconded by Member Collins, and duly carried, to schedule the REHEARING for September 14, 2000 as requested under Appl. No. 4828. Vote of the Board: AYES: All. This Resolution was duly adopted (4-0). B. Appl. No. 4836- VIVIAN KOCH, adjoining landowner appealing Notice of Disapproval of CHRIS MESKOURIS & OTHERS. RESOLUTION: Motion was offered by Member Tortora, seconded by Member Collins, to schedulethe request for an Interpretation for a public headng to be held September 14, 2000. Vote of the Board: AYES: Dinizio, Tortora and Collins. NAY: Chairman Goehringer (for the reason there was an application pending by the landownerwhich may involve a Board Interpretation ruling). This Resolution was duly adopted (3-1). C. Appl. No. 4818- C. MESKOURIS. Appeal application. RESOLUTION: Motion was offered by Member Tortora, seconded by Member Collins, to schedule the request for an Interpretation for a public hearing to be held September 14, 2000. Vote of the Board: AYES: Goehdnger, Dinizio, Tortora and Collins. This Resolution was duly adopted (4-0). III. PUBLIC HEARINGS: The following headngs were held, and except as noted below, a Resolution was adopted after receiving testimony to conclude (close) the hearing record. Please also see written Transcripts of Hearings prepared separately and filed with the Town Clerk's Office for permanent record-keeping: 6:35 p.m. Appl. No. 4813 - A & S GULF. Variance for canopy and addition due to setbacks and lot coverage. Existing gasoline station located at the intersection of Main Road and Bayview Road, Southold. Architect G. Strang requested a postponement to September 14, 2000 for possible legal representation. RESOLUTION: Motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to RECESS the headng to the September 14, 2000 Headngs calendar. This Resolution was duly adopted (4-0). 6:40 p.m. AppL No. 4835-WILLIAM F. and GLORIA BERTODA'i-I'I. Peter DeNicola, Builder, appeared in behalf of the applicants: No concerns or= objections were received from person(s) in the audience. Page 3 - Minutes ,~,egular IVleeting - August 10, 2000 Southold Town Board of Appeals RESOLUTION: After receiving testimony, motion was offered by Chairman Goehdnger seconded by Member Collins, and duly carded, to close (conclude) the headng. This Resolution was duly adopted (4-0). (Please see the office file as well as thetranscript of verbatim statements prepared Under separate coverby Lucia Farrell, and filed with the Town Clerk for permanent recerdkeeping.) 6:45 - 6:46 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued. from eadier headng calendars). VariancereqUeste~ based on a Notice of Disapproval which states that the Proposed bUilding is greater than 60~ff Wide; C.R. 48, Southold; 1000-55-5-2.2. There wasno appearance by the agent for the applicant, McCarthy Management. The Board held the headng open until 8:38 p.m. in the event the applicant's agent was running late. (See 8:28 p.m. when no appearance was noted, and the hearing time further extended to allow for an appearance at another meeting date.) 6:46-7:05p.m: Appl. No. 4839~WATER WENCHELL. Mr Wenchell Spoke in behalf of his appliCation. ~peadn~ w th concems and oppositioh to. th S application Was Mr. Edward J. Firikii'an adjoining landowner. RESOLUTION: After receivingtestimony, motiOn was offered by Chairman Goehringer seconded by Members Collins and Tortora, and duly carded to c ose (conclude) the hear ng. This Resolution was duly adopted (4-0). (Please see offida file as well as'th:e transcriPt of v~rbatim statements prepared un~ler sepa~at~ cover by Luc a Farre , and filed with the 7:bwn Clerk for permanent record-keeping.) 7:05- 7:15 p.m. SUSAN LOMANGINO. Appeal based on the Notice of Disapprova dated July 6, 2000 for movement and :cohstructio~,of a Pr ncipal dwe lng to the so~Jth of existing accessory structures placing them n the southerly front yard. The property contains more than one front yard with fr°ntage,a ong Old Main R0ad arid Peconic B~y B~utevard, Laurel. 1000-122-7-8 6 containing 60++ acres. Mr. Torkelson, Builder appeared in behalf of the applicant. No one spoke in Ol~ositi0n atthe hearing. After receiving testimony, motion was offered by Member Collins, secon,ded by Member Homing, and duly carded, to close (conclude) the hearing. This Resolutioh was ~luly adopted (4-~). Also see the office, file as well as fha transcript of verbatim statements prepared under separate cover by Luria Farrell, for statements an(~ other'infOrmation of~ rec(~rd' 7:15 p.m. Appl.'No. 4840- MARG..ARETAND EDVVIN PISANI. This is a request fora Vadance Under A~ticle XXVII1 section ')00-239 4 of the ZOning Ordnance based on the Building Department s May31 2000 NOt ce of D sapprova Applicants are reouestinn ~ ~1¢,~1~ addition at less than 75 feet from the bulkhead at 7180 Peconic Bay Boulevard, Laurel; 1000- 126-11-9.1. Mrs. Pisani appeared in behalf of herlappl cation. No one spoke in oppos tion at the hearing. After ~eCeiving testimon~y,i= motiOn~ was offered by Cha n-nan Gbehdnger, seconded by Member TOrtor~ and Mem~e~ COllinS, and dul~ carded, to close (conclude) the headng. This Resolution was duly adoPted (4-0). A so see the ZBA office file as well as the Page 4 - Minutes Regular Meeting - August 10, 2000 Southold Town Board of Appeals transcript of verbatim statements prepared under separate cover by Lucia Fan'ell, for statements and other information of record. 7:19 p.m. Appl. No. 4842 - JOHN and LISA MOLNAR. Request for a Variance under Article XXIII, Section 100-244, and the June 16, 2000 Notice of Disapproval issued by the Building Department; fora proposed deck addition at less than 50 feet from the rear property line at625 Indian Neck Lane, Peconic; 1000-86;1-4.24. No one spoke in opposition atthe hearing. After receiving testimony; motion was offered by Member Collins, seconded by Member Horning, and duly carried, to close (conclude) the hearing. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate COver by Lucia Farreil for statements .and other infOrmation of record. 7:23 p.m. Appl. No. 4843- M. COGEN and M. HOWARD. Request forVadance under Article XXIV, Section 100-244B, based on the Building Department's May 30, 2000 Notice of Disapproval for an addition to dwell ng with a n0rthedy side yard sefl3ack at less than 15 feet. 1395 Fleetwood Road, Cutc~ogue; ~'1000-137~4-31. 'Architect T. Heine spoke in behalf of the appliCants. No one spoke n opPositiron at the:hearing After receiVing testimony, motion was offered by Cha rrnan Goehdnger,.seconded by Member.Collins, and duly carded, to close(cOnclude) the hearing.i This Resolution'was ~July adopted (4-0)..AlsO see the office file as well as the transcr pt Of verbatim.statements p~epared under sel~arate cover by Lucia Farrell, for statements and other information of record. 7:27 p.m. The next hearing was canceled by Fairweather-Brown, Architects for the applicants for the reason that an amendment Would be filed modifying the project Fairweather- Brown requested a cance ation of this heariri~ and ind cated they would submit amendments and Provide new notices. Tonight's advertised public headng was not held for: App No. 4844 - DONALD BUSKARD 2705 Gillette Ddve East Marion; 38-3-18. 7:28 p.m. App. No. 4~45 - ROBERT FRENTZEL Request for a Vadance under Section 100-244B based onthe June 22 2000 N0tic~ 6,f Disapproval for a proposed addition that does not meetthe required minimum rear yard )f 50 feet. 1900 Old Omhard Lane, East Marion; 37-2-9.1. DebOrah Doty appeared in i3eh~ if of the applicants, Robert and Melanie irweather. Mrs. Frentzel and Mr. ,n.. Opposing the application were also submitted. ~fter receiving seConded by MemberHoming and ,lution was duly adopted (4-0). Also :atements prepared under,separate atioh of record. A short break was taken from, 8:00 - 8::06 p,m. Page 5 - Nih utes Regular Meeting - August 10, 2000 Southold Town Board of Appeals Pub ic Hear ngs, continued 8:06 p.m. Appl. No. 4847 - ROGER YOUNG & ORS. Request for Lot Waiver under Section 100-26 to unmerge Lot 1000-128-3-12.4 from 128-3-12:5, based on the June 22, 2000 Notice of Disapproval issued by the Building Department stating the Lot 12.4 merged with adjacent lot 12.5 under Section 100-25A of the Zoning Code.: 3495 and 3585 Peconic Bay Boulevard, Laurel; 1969 Minor Subdivision Map for CecilYoung. Gary Flanner Olsen, Esq. spoke in behalf of the applicants. Mr. Myron Young also spoke about the family history to the best of his knowledge. No one spoke in opposition at the headng. After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Tortora, and dulycarded, to close (conclude) the headng. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell, for statements and other information of record. 8:27 p.m. Appl. No. 4837- HARRY CASHY AND MARIA MISTHOR. A postponement was requested by A. Tohill, Esq. and acceptable to the applicants. RESOLUTION: Motion was madebYChairman Goehdnger, seconded by Member Collins, and duly carded, to postpone the headng to the September 14. 2000 headng calendar. Vote of the Board: Ayes: All (4-0). 8:28 p.m. Appl. No. 4846- W. and K. KNOERSCHILD. Request for a Variance under Section 100-33, based on the Building Department's Apdl 21, 2000 for a garage proposed in a side yard location. 985 Case's Lane Extension, Cutchogue; 109-5-14.43. Mr. and Mrs. Knoerschild were both present and submitted a letter from the immediate neighbors, K. and W. Ketcham. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carded, to close (conclude) the headng. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell, for statements and other information of record. 8:38 p.m. Appt. No. 4826 - WILLIAM PENNY. Thomas McCarthy spoke in behalf of the applicant. Mr. McCarthy was asked to reduce his statements in wdting to the Board as to why he felt the vadance was not necessary. No one spoke in opposition at the headng. After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Homing, and duly carded, to RECESS the headng to the SEPTEMBER 14, 2000 Headng Calendar. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Luria Farrel[, for statements and other information of record. Page 6 - Hinutes Regular Meeting - August 10, 2000 Southold Town Board of Appeals Public Headn.qs, continued 8:48 p.m. Appl. No. 4841 - EMILYand IRA SCHACHTER. Request fora LotWaiver under Section 100-26 to unmerge Lot 10000-76-2-37.2 from 1000-76-2-37.3, based on the May 10, 2000 Notice of Disapproval issued by the Building Department This lot.waiver would void the 1979 area variance under Appl. No. 2614, which contained a condition requiring subdivision approval from the Planning Board. 1700 Smith Drive North, Southold; Goose Neck Estates. Patricia Moore, Esq. spoke in behalf of the applicants. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carded, to close (conCludel the headng. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell, for statements and other information of record. End of Public Hearings. 9:08 p.m. - Member Homing left to return via Ferry to Fishers Island. INFORMAL DISCUSSION WITH CHAIRMAN: Mrs. Carmen Sweeney spoke bdefly to the Chairman about an Accessory Apartment decision for Frank Raynor, while Board Members prepared for the next agenda item (deliberations). II. DELIBERATIONSIDECISIONS: The following actions were taken; attached are copies of the odginal official Findings and Determination on file with the Town Clerk's Office: Approvals with or without Conditions: Appl. No. 4835 - W. and G. Bertodatti Appl. No. 4840 - M. and E. Pisani. (with conditions). Appl. No. 4843 - M. Cogen and M Howard. Appl. No. 4846- W. and K. Knoerschdd. Appl. No. 4841 - E. and I. Schachter. Appl. No. 4847 - R. Young & others. Appl. No. 4818 - C. Meskoufis. Alternate Relief/with conditions Appl. No. 4848 - S. Lomangino.. Interpretation Action: Appl. No. 4836 - V. Koch. Page 7 Minutes Regular Meeting - August 10, 2000 SoUthold Town Board of Appeals 8:55 p.m. Member.Homing left for the return Ferry back to Connecticut, as agreed. IV. RESOLUTIONS/UPDATES/OTHER: Resolution: Motion was offered by Chairman GOehdnger, seconded by Member Collins, and duly carded, to authorize advertisement of the following new applications for public headngs to be held September 14, 2000: 6:15 p:m~ Appl. No. 4849 - TANAS TSATSOS. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot 1000-38-3~9.2 (formerly CTM Lot 9) from 1000-38-3-9.3 (forrnedy CTM Lot 8). On July 12, 2000 a Notice of Disapproval was issued stating that Lot 9.2 merged with adjacent lot 9.3 pursuant to Section i00-25A of the Zoning Code. Location of Property: 850 East Gillette Drive, East Madon; Madon Manor Filed Map No. 2038, Lots 49 and 50. 6:20 P.m. Appl. No. 4850 - ALLAN AND HELEN TUTHILL. This is a request for a Yadance under Article XXIV, Section 100-2448, based on the Building Department's July 21,2000 Notice of Disapproval to locate a proposed addition with a reduced front yard setback, at 28+- feet The existing front setback is shown at 31+- feet from the cantilevered roof and 33+- feet from the dwelling. Location of Property: 295 Albo Drive, Laurel, NY; County Tax Map No. 1000-126-2-9. 6:25 p.m. Appl. No. 4852 - HELEN GARV_E__Y. This Is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot 1000-115-12-7 from 1000-11,%12-8. On May 30, 2000 a Notice of Disapproval was issued stating that CTM Lot 7 merged with adjacent lot 8 pursuant to Section 100-25A ofthe Zoning Code for the reason that the lots were held in common ownership. Location of Property: 550 Deep Hole Drive, Mattituck, NY. 6:30 p.m. AppL No. 4851 -WILLtAMS. RYALL, JR. This is a request for a Variance under Article XXtV, Section 100-2448, based on the Building Department's July 24, 2000 Notice of Disapproval to locate a new dwelling with a setback at 25 feet from the front property tine. Location of Property: 915 Soundvlew DYNe, Orient, NY; County Tax Map No. 1000-13-3-5.2. 6:40 p.m. AppL No. 4856 -JOHN WOLLEBEN. This is a request for a Variance under Ar tide Itl, Section 100-33C based on the Building Department's July 14, 2000 Notice of Disapproval to locate an accessory in-ground swimming pool at less than fifty (50) feet from the front property line, required in the case of a waterfront parcel when it is located in a front yard. Location of Property: 750 Bridge Lane, Cutchogue, NY; Parcel 1000-118-2-8. 6:50 p.m. App] No. 4858 - ARTHUR AND FRANCES LEUDESDORFNV. MANDEL. This is a request for a Variance under Article XXIII, Section 100-239.4A. 1 based on the Building Department's AugLlst 18, 2000 Notice of Disapproval to loCate a new dwelling at less than I00 feet from the bluff. Location of Property: 1700 Hyatt Road, Southold, NY; County TaX Map Parcel 1000-50-01-005. 6:55 p.m. Appl. No. 4857 ? ROBERT GAZZO!_A/JOHN ZOUMAS. This is a request for a Variance Article XXIII, Section 100-239.4(1) bas~ on the Building,Department's August 16, 2000 Notice of Disapproval to locate a dwelling at less than forty (40) feet from the front property!l{ne and less than fifty (50) feet from the rear properbj line, at 750 Cedar Drive, Southotd, NY; Parcel 1000-78-9-5.1 7:05 p.m. Appl. No. 4859 - ROBERT INGRAM. This is a request for a Vadance Article III, Section 100-33 based on the Building Department's August 1, 2000 Notice,of Disapproval to locate a proposed accessory garage in the front yard, at 600 Shipyard Lane, East Marion, NY; Parcel 1000-35-8-5~8. Page 8 - Minutes Regular Meeting - August 10, 2000 Southold Town Board of Appeals 7:10 p.m. Appl. No. 4826 - WILLIAM PENNY 111. (Continued hearinq). Variance for proposed building width greater than 60 ft. wide. This is a corner lot located at the south side of C.R. 48 and west side of Youngs Avenue, Soutbold; Parcel 1000-55-5-2.2. 7:15 p.m. Appl. No. 4861 - LESLIE GAZZOLA. This is a request for a Variance under Article XXlV, Section 100- 239.4B, based on the Building Department's August 29, 2000 Notice of Disapproval for a proposed two-story deck addition within 75 feet of the bulkhead. Location of Property:. 495 Elizabeth Lane, Southold; County Parcel No. 1000-48-5-2. 7:20 p.m. REHEARING: Appl. No. 4828- ROBERT D'URSO and R. OVERHULS/M. DELUCA, Contract Vendee. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to u n merge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 200(3 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 BayviewAvenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY 7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior heating calendars). Proposed canopy with request forvariance on front yard setback and addition to building with insufficient rear yard setback at 49610 Main Road (and Bayview Rd_), Southold; 1000-70-7-4. 7:45 p.m. AppL No. 4839 - HARRY CASHY and MARIA MiSTHOS. This is a request for a Variance under Article XXII~, 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 thetop ofthe bluff or bank ofthe Long Island Sound. Location of Property: 1900 Hyatt Road, Southotd: Parcel 1000-50-1-3 8:00 ~).m.E.L.I. CANCER RESOURCE CENTER (Landowners: Mr. and Mrs. Mark Levey) regarding premises known as 895 Highland Road, Cutchogue, identified as CTM Parcel No. 1000-102-8-2, Highland Estates Subdivision Lot No. 5, requesting: Appl. No. 4855 - Variances under Article Iit, Section 100-31B-5a and 5e(4) for reduced: (a) setbacks and/or parking or loading area at less than 100 feet of any street line and less than fifty (50) feet of any lot line. Applicant is proposing to convert and use an existing principal building (dwelling)in its building present location and proposed Parking area to meet the site plan regulations; and (b) for a total land area of less than 56,000 sq. ff., the size provided in the zoning code for use of seven (7) health care patient beds on this 40, 011 Sf. parcel; and AppI. No 4854 - Special Except on under Article t11, Section 100-31 i3-5 to convert and existing dwelling to a Health Care Fac lity. The Zoning Code defines a Health Care Facility as: "A structure and premises regulated by the State of New York and used to provide an integ rated range of medical and/or surgical services, primarily for in-patients, onla~twenty-four hour basis. Health services may require surgical fac t es; therapeutic and diagnes~t c 'equipment rooms, counseling facilities, convalescent care equ pment, and trauma care services. C~ut-@~at~ent cl ni~s and other forms of ~mbuiatory health care facilities may exist as accessory and integral ser~ideS to the in-;patient services. Supporting or accessory uses may include a kitchen for p, reparetion of patient me~als, C~feteria or snack/coffee.shop for employees and vis tots, gift shop, laundry, pharmacy, and staff offices (for., b~)okkeeping, administmtion, medical reco!',ds, et(~.) Shall otherwise be Known as a "gederal or SP, edialized hospital", a "rehabilitation center," rest home or "adult home." · ~Regular Meeting - August 10, 2000 $outhold TOwn Board of Appeals 9:00 p.m. Appl. No. 4860 - OLD HARBOR ASSOCIATES. Request fora Variance underArticle III, Section 100~33 based on the Building Department's July 28, 2000 Not ce of Disapproval. Proposed accessory three-car garage will encroach partly in the side yard. 1195 Old Harbor Road, New Suffolk; 1000-117-3-8.6. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Homing was absent dudng this Resolution.) This Resolution was duly adopted (3-o). V. EXECUTIVE SESSION - None held. Bdef reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meetingwas adjourned at approximately 9:58 p.m. Ge'r~rd P. Goehrin~g~r, Ch~f'rman / Respectfully submitted, Y ND FILED T?~ SOUTHOLD TO%VN CL~K DATE/~/~0 HOUR I.'30~ Town Cie:lc, To~ ' A-PPEALS BOARD MEMBERS Gerard E 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 APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEET[NG OF AUGUST 10, 2000 Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATi'[ STREET &LOCAT[ON: 1510 East Gillette Drive, East Marion DATE OF PUBliC HEARING: August 10, 2000 1000-79-5-20.8 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located at the Wesl~ side of East Gillette Drive in East Marion. The property is vacant and referred to as Lot #42 on the Map of "Marion Manor" filed in the Office of the Suffolk County Clerk on March 18, 1953. This parcel contains a lot area of 11,007+- sq. ft. and lot width (frontage) of 135.05 feet as shown on the survey prepared for the applicants by Lisa McQuilkin, I~S. dated March 23, 2000. BASIS OF APPLICATION: Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the dwelling will be located with a rear yard setback at 18 feet (from canUlever). AREA VARIANCE RELIEF REOUESTED: Applicants are proposing a 24x60 tr. single-family dwelling with a rear yard setback at 18 feet from a cantilevered extension (20 ft. from the foundation), All other setbacks in this request are proposed to meet the code requirements, REASONS FOR BOARD ACT[ON: Based on the testimony and record before the Board and personal inspection, the Board make 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. Applicant proposes t~ construct a new dwelling at 18 feet from the rear line while meeting all other code requirements. The proposed 18 ft. rear yard setback is consistent with those existing generally in the area and is for a house only 24 feet in depth. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is only 24 ft. deep and substantially fits the lot. 3. The area variance is not substantial. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Applicants' proposed construction is similar to other dwellings existing in the area on parcels of the same or similar substandard size. Page 2 - August 10, 2000 ZBA Appl. No. 4835 - Berdodatti/Limpet Corp. Parcel :[000-38-3-35 at East Marion In considering this application, the Board deems this aCtion to be the minimum aCtion necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling, while preserving and protecting the charaCter of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for. vote of the Board: Ayes: Goehringer, Tortora and Collins. (MemJ~fj~ wa~nt during the resolution. Member Dinizio was absent due to illn~0 ~e olut~~ ~u~P~/~'3~0). .~ Approved for Filing 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 (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEA!.S TOWN OF SOUTHOLD FINDINGS, DEL]BERATIONS AND DETERMINATZON MEETING Of AUGUST 10, 2000 Appl. No. 4843, MORTON COGEN and MARTHA HOWARD STREET & LOCA'I1ON: 1395 Fleetwood Road, Cutchogue DATE OF PUBLIC HEARING: August 10, 2000 1000-137-4-31 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located on the east side of Fleetwood Road and frontages along East (Eugene's Creek), Cutchogue. The lot is improved with a single-family dwelling and contains a lot area of 23,891 sq. ft. with 50 ft. frontage along Case's Lane Extension and 120.70 ft. along a Ue line of East Creek, as shown on the survey updated November 18, 1999, prepared by Stanley 3. Isaksen, .lr. BASIS OF APPLICATION: Building Inspector's May 30, 2000 Notice of Disapproval for the reason that Article XXIV, Section 100-244B requires a minimum side yard of fifteen (15) and twenty (20) feet with a combined thirty-five (35). The proposed construction indicates a side yard on north of 12.4 feet (the remaining side is greater than the twenty feet required.) AREA VARIANCE RELIEF REQUESTED: Applicants are proposing an addition to dwelling with a side yard at 12.4 feet at its closest point. The addition extends about 19 ft. in front of the dwelling, and is for a front porch, foyer, guest bedroom, and sitting room area. The overall width is shown at 46'9" as shown on the plan prepared by Thomas Heine, Architect, dated 5/1/00. REASONS FOR BOARD ACTION: 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 lot is shallow, applicant requires a setback variance in order to make any meaningful addition to the house. Even after the expansion, the house will be small in size and consistent with nearby dwellings. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There are only two very small sections of the proposed addition that necessitates the variance request, and the relief requested involves an area of less than 50 SCl. ft. 3. The area variance is not substantial. The northeast comer section of the proposed addition which extends beyond the long-established house setback of 17+- feet are two small triangular sections totaling less than 50 square feet. The addition will maintain the overall appearance of a single-family dwelling. Page 2 - August 10, 2000 ZBA Appl. No. q843 - M. Cogen and M. Howard Parcel 1000-137-4-31 at Cul'chogue 4. Them am no factors present to suggest that grant of the requested setback variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this applica~on, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to expand the house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLU~_ ON: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. Vote of the Board: Ayes: Goehringer, Tortora and Collins. (Mem~..r~T~was absent dunging the resolution. Member Dinizio was absent dUe to !~~~~)' APproved for Filing APPEA[~q 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 FiNDINGS, DELIBERATIONS AND DETERMINATION MEET/NG OF AUGUST 10, 2000 Appl. No. 4846 - WILUAM and KATHLEEN KNOERSCHILD STREET& LOCATION: 985 Case's Lane Ext., Cutchogue DATE OF PUBLIC HEARING: August 10, 2000 1000-109-5-14.43 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is vacant land Iocat~ east side of Case's Lane :F_~ension~ Cutchogue. This property is shown on the. Map of "Frank H. Case" as Lot No. 3. A survey dated November 24, 1999, prepared by _lohn Schnurr, ES. shows the lot dimensions as follows: 3:[2.25 ft. along Cases Lane Extension; lot depth of 302+- feet (average); acreage of 2.46 acres (to center line of creek). BASIS OF APPLICATION: Building Inspector's April 21, 2000 Notice of Disapproval for the reason that the accessory garage will be located in the side yard. Article III, Section 100-33 requires that accessory buildings be located in a rear yard (or in the case of a waterfront parcel, in a front or rear yard as provided under. Section 100-33C.) AREA VARIANCE RELIEF REQUESTED: Applicants are proposing a 30x25x6x15.2x31 ft. accessory two-car garage in the yard area north of the dwelling location, also proposed. This yard is a side REASONS FOR BOARD ACTION: 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. Applicant proposes to consb,ct a new dwelling with an accessory garage attached to the dwelling by a porte-cochere, or roof-covered portico, to be used for vehicles to drive through and park or access the garage. The proposed side yard location is 62 feet to the nearest property line and the variance will have no impact on nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Normally, accessory garages are permitted to be aU. ached to the principal dwelling and would be conforming in this side yard location if the connected sbucture is a breezeway (8' x 10' or smaller), or a full enclosure. The porte-cochere, however, does not conform to the code definition of a breezeway, and the applicant has no other relief except a variance for this side yard location. 3. The area variance is not substantial. The new dwelling and accessory garage will maintain the overall appearance of a single-family dwelling and attached garage. Page 2 - August 10, 2000 ZBA Appl. No. 4836- W. and K. Knoerschild Parcel 1000-109-5-14.3 at Cutchogue 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the property is large, 2.14 acres (tie line measurement), and the proposed side yard IocaUon of the accessory garage conforms to the 60 ft. front yard set back requirement for a principal structure. In considering this application, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a porte-cochere, while preserving and protecting the character of the neighborh .ogd and the health, safety and welfare of the community. RESOLUTION: On motion by IVlember Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. Vote of the Board: Ayes: Goehringer, Tortora and Collins. (M~g was absent during the ~ resolution. Member Dinizio was absent due to illness,)~eSolu_.tier~.was dul~-O)/ ) ~" Approved for Filing ~s~PEAI~S BOARD MEMBERS Gerard E 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 AUGUST 10, 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. 4836 - VlVIAN KOCH STREET & LOCATION: 675 Summit Drive, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 1000-106-1-47 Findin.qs of Fact PROPERTY FACTS: Appellants Karl and Vivian Koch own the property immediately to the west of the subject property, which is owned by C. & J. Meskouris ("Meskouris"). The Meskouris property is a vacant parcel of 24,808.8 sq. fL, measuring 102 feet on Summit Drive on the south, 100 feet along the northerly property line, 236.7 feet on the west side and 252 feet on the east. The eastedy property line lies on the midline of a 15-foot fight-of- way, and a 25-foot fight-of-way lies across the northerly part of the property, entirely within the northerly property line. BASIS OF APPEAL: Appellants are appealing a Notice of Disapproval, dated June 9, 2000, issued by the Building Inspector to Meskouris, denying a building permit for a proposed house on the subject property as follows: "Proposed construction on nonconforming lot not permitted pursuant to Article XXIV Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has a right of way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at +1- 12 ~ (twelve and one half) feet from boundary of fight of way, 20 (twenty) feet from property line." REUEF REQUESTED: The appeal claims that the Building Inspector failed to fully identify the proposed project's noncompliance with the Code's setback requirements. The appeal: (1) Claims that the northerly yard is not a front yard, and asks this Board to interpret the Code section 100-13 definition of "Yard, Front." (2) Claims that the Building Inspector incorrectly applied Code section 100-230A to authorize the proposed northerly setback, and asks this Board to interpret Code section 100-230A. (3) Claims that the northerly setback should be measured from the right-of-way line, and asks this Board to interpret the Code section 10043 definition of "Right-of-Way Lines." MATTERS NOT ADDRESSED (1) The appeal asks that the Building Inspector require elevations of the proposed project, in order to determine compliance with Code restrictions on building height, and asks this Board to interpret the Code section 100-13 definition of "Height of Building." The ,Pa~e 2 - August 10, 2000 ZBA Appl. No. ~36 - V. Koch Parcel 1000-106-1-47 Meskouris Meskouris' building pe,¥~it application specified only a building footprint, and the Building Inspector was willing to act on that application. The question of building height cannot be addressed until full plans are submitted to the Building Department. (2} The appeal suggests that the Building Inspector, in reviewing the proposed project, relied on an exception recently added to the Code definition of "Yard, Front" and asks this Board to interpret that exception. No evidence of such reliance was introduced and there is no need for this Board to interpret the exception. (3) The appealr claims that a reasonable house can be built on the subject property without the need for variances. This claim is not a proper one for this appeal. It was properly made by appellants at the hearings before this Board on the easterly setback variance requested by Meskouris (Appeal No. 4818). RELEVANT PROVISIONS OF THE CODE The provisions of the Zoning Code relevant to this appeal are set forth below. Definitions found in Section 100-13: "Ri.qht-of-Way Lines" - The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. "Yard~ Front" - An unoccupied ground area open to the sky between the street line, or between the strcct line established by the Official' Map of the town or an approve~l subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, i..dght-of-way or street line, the side of the lot bordering that particular street, right-of-way or street line shall not be considered to be a front yard, and any accessory stru=cture placed in such yard shall comply with the applicable side yard setbacks for the zoning district within which it is located. "Street" - A street, improved to the satisfaction of the Planning Board, which is one of the following: 1. An existing town, county or state highway or street. 2. A street shown on an approved subdivision final plat, 3. A street shown on a map filed with the County Clerk (in accordance with section 280-a of the Town Law) prior to Planning Board authorization to review subdivisions. 4. A stmct shown on the Town Official Map. "Street Line" - The dividing line between a lot and a street. , ', Pa,~e 3 - August 10, 2000 ZBA Appl. No. 4836 - V. Koch Parcel Z000-106-1-47 Meskouris Section 100.230. Exceptions and Modifications. A. Established front yard setback. Where property in the vicin'K7 is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use distdcf. REASONS FOR BOARD RESOLUTION SET FORTH BELOW: On the basis of testimony presented and materials submitted, the Board makes the following findings: (1) The Notice of Disapproval, and the testimony of the Head of the Building Department at the hearing on July 6, 2000, indicate that the Building Department considers the easterly and northerly yards on the subject property to be front yards because each faces a right-of-way. The Board disagrees. The Code definition of "Yard, Front," set forth above, makes no reference to a right-of-way. It defines a front yard in terms of a "street," and the Code definition of "Street," set forth above, makes no reference to a right-of-way. The rights-of-way on the subject property do not meet the Code definition of "Street." Thus, the easteHy and northerly yards are not front yards. (2) The Head of the Building Department testified at the headng on July 6, 2000 that the northerly setback of the house immediately west of the subject property is 51.2 feet from the property line and 26.2 feet from a right-of-way across that property shown on a survey by Young & Young dated October 7, 1983. The Building Inspector concluded that under Code Section 100-230A, the setback of that house could b~ used to determine the required northerly setback on the subject property, with the result that the proposed setback was found in compliance with the Code. The Board disagrees. The setback exception in-Code section 100.230A, set forth above, requires more than one neighboring building: it refers to the presence of "principal buildings with front yards of less than that required" by the Code. Section 100-230A cannot be applied to dete~;-~ine the setback of a proposed building when there is only one improved property "within 300 feet ... on the same side of the street." Moreover, as stated above, this Board has detef~i~ined that the northerly yard of the subject property is not a front yard. Therefore, Code Section 100-230A would not apply in any event, because it is expressly limited to front yard setbacks. (3) The Head of the Building Department stated in a memo of June 9, 2000 to this Board that "the Department has, as past practice, been measuring the yard requirements from right of ways by Using the property boundary as a point of reference. It has been determined that pursuant to the definition of "right-of-way lines" in Section 100-13 of Southold Town [Code], that this measurement must be taken from the boundary of the right of way." The Board agrees with this conclusion. The definition of "Right-of-Way Lines," set forth above, clearly requires that yards be measured from rights-of-way, where they exist. . ~--' ~ ,' ~Page 4 - August 10, 2000 ZBA Appl. No. 4836 - V. Koch Parcel 1000-106-1~7 Meskouris RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED: (1) That the presence.of a right-of-way across or bordering a property does not result in the facing yard being a front yard unless the right-of-way satisfies the Code definition of "Street." (2) That Code Section 100-230A may not be applied to determine the required front yard setback of a proposed structure when there is only one principal building within 300 feet on the same side of the street in the same use district. (3] That in accordance with the Code definition of "Right-of-Way Lines," a setback is to be measured from a right-of-way, where one exists. VOTE OF THE BOARD: AYES: MEMBERS TORTORA, COLLINS AND HORNING. (Member Dinizio was absent due to illness.) NAY: __EMBER GOEHRINGER (CHAIRMAN). THIS RESOLUTION WAS DULY ADOPTED~)~. / )roved for Filing RECEIVED AND FILED BY THE SOU%HOLD TOWN CLEBK DATE ~'/l&[Oo. HOUR Town Clerk, Town o{ outhol:t AP-PEA, LS BOARD 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 APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 10, 2000 AppL No. 4848 - SUSAN LOMANGINO STREET & LOCATION: 1150 Old Main Road, Mattituck DATE OF PUBLIC HEARING: August 10, 2000 1000-122-7-8.6 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a parcel of approximately 54 acres in Mattituck, lying between Old Main Road on the north and Peconic Bay Boulevard on the south. A survey by John Metzger, dated July 5, 2000, shows a garage and a barn located about 225 feet from Old Main Road. A house formedy located between those two buildings and Old Main Road was burned down by the Mattituck Fire Department in a training exercise. The property is otherwise unimproved. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated July 6, 2000, denying a permit to build a new house to the south of the two existing accessory buildings because such location would result in the accessory buildings being in the front yard. Code section 100-33 requires accessory buildings to be in the rear yard. REL1EF REQUESTED: Applicant requests authorization to locate a new house in an area proposed 275 feet south of Old Main Road. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) In order for the existing accessory buildings to be located in the rear yard, the new principal dwelling would have to be located between them and Old Main Road. Given the large size and character of the property, that would be an illogical and unnatural location. Thus, applicant needs a variance in order to build in a reasonable location. (2) The proposed house is located 275 feet from Old Main Road. Given the size and character of the property, this location - which results in the accessory buildings being in the front yard - 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 - August 10, 2000 Appl: No. 4848 - Susan Lomang~no 1000-122-7-8.6 at Mat~ituck (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a house in a reasonable location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/BOARD ACTION: On motion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the vadance as requested. VOTE OF THE COLLINS, and HORNING. was duly adopted (4-0). BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, (Member Dinizio was absent due to illness.) This Resolution IX, APPEALS BOARD MEMBERS Y~I.~0~ Gerard P. Ooehringer, Chairman ~ ~' ~ James Dinizio. Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 10, 2000 Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 1197 ZBA Fax (631) 765-906~ Telephone (631) 765-180 AppL No. 4818 - CHRIS AND JAMES MESKOURIS STREET & LOCATION: 675 Summit Drive, Mattituck 1000-106-1-47 DATE OF'PUBUC HEARING: May 4, 2000; May 10, 2000; June 8, 2000; July 6, 2000 FINDINGS OF FACT PROPERTY FACTS' The sub'ect ro erty is a vacant parcel of 24,808 8 sq fL, measuring 102 feet on Summit Drive on the south, 100 feet along the northerly property line, 236.7 feet on the west side and 252 feet on the east. The easterly property line lies on the midline of a 1 S-foot right-of-way, anda 2S-foot right-of-way lies along the northerly edge of the property, entirely within the property line. BASIS OF APPEAL: Building Inspector's Amended Notice of Disapproval, dated June 9, 2000, which denies a building permit for a proposed house because the easterly setback would be 12.5 feet from 'the fight-of-way. The Notice states that the easterly right-of-way creates a front yard,:and Code section 100-2~A requires a front yard of 40 feet. RELIEF REQUESTED: Applicants request a variance authorizing the placement of a house in the position set forth in their'building permit application, with an easterly setback of 12.5 feet from the right-of-way. REASONS .FOR BOARD ACTION, DESCRIBED BELOW: On the basis of "teStimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) In its interpretation of the Code under Appl. No. 4836 (Koch), this Board dete[mined that the presence of a right-of-way across or bordering a lot does not result in the facing yard being a front yard unless the right-of-way satisfies the Code definition of "Street." The right-of-way that lies partly on the easterly side of the subject property does not. satisfy that definition. We conclude that the easterly yard is a side yard. (2) The proposed house is large, consisting basically of two segments that measure 26x36 feet and 32x40 fcct, and is set at a 45 degree angle to the property lines. The house itself is approximately 27.6 feet from the easterly right-of-way at the closest points (two comers) but a large deck on the east side adds another 15 fcct, leaving the 12.5-foot setback mentioned in the Notice of Disapproval. (3) Code section 100-244 requires that the side yards on this property be a minimum of 15 feet, and have a combined total of at least 35 feet. The house footprint proposed in the building permit application has a westerly side yard of 15 feet, so compliance with the Code would require an easteHy side yard of 20 feet; applicants propose a yard of only 12.5 feet. Because the easterly right-of-way is in active use, a setback of only 12.5 feet is Pa~e 2 -August 10, 2000 ZBA Appl. No. 4818 - C. and J. Meskouds Parcel 1000-106-1-47 at Mattituck inadequate; also, authorization of such a setback would constitute a very substantial variance in te~ii~s of percentage deviation from the Code requirements. The Board concludes that the greater setback authorized by the Board action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no 'evidence that the Board action 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 build a house on the desired scale 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 Tortora, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing an eastedy setback of 17.5 feet from the right-of-way. VOTE OF THE BOARD: 'AYES: MEMBERS GOEHRINGER (Chairman), TORTOP~. COLLINS, and HORNING. (Member Dinizio was absent due to illness.) This Resolution was duly ADOPTED (4-0). TI-IE SOUTI4OLD TOM~i~ C,L~__. ,/- Approved:fOr Filing ' . .~ :. ;-.~' -: .c~t'~- '~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 10, 2000 Appl. No. 4840 - EDWIN AND MARGARET PISANI STREET & LOCATION: 7180 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 10, 2000 CTM #1000-126-11-9.1 FINDINGS OF FACT PROPERTY FACTS: Applicants' property is a parcel of 37,576 sq. ft. lying between the south side of Peconic Bay Boulevard and Peconic Bay in Laurel. A survey by Rodedck Van Tuyl, dated Apdl 11, 1995, shows a bulkhead along Peconic Bay and two inner bulkheads, and a house located at an angle of about 45 degrees to the bulkheads. At the closest point (the southeast comer) the house appears to be about 57 feet from the outer bulkhead. BASIS FOR APPEAL: Building Inspector's Notice of Disappr.0val, dated May 31, 2000, denying a permit to build a deck 40 feet wide and 12 feet deep along the south side of the house facing the water, because it would be within 75 feet of the bulkhead in violation of Code section 100-239.4. RELIEF REQUESTED: Applicants request authorization of the location of a 40 x 12 ft. deck requested in the building permit application. 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 location of the existing house is such that nothing can be added on the south side, facing the water, without a variance authorizing a structure within 75 feet of the bulkhead on the Bay. (2) Applicants have no deck of any sort on the waterfront side of the house. The proposed deck is modest in scale and will not interfere with any neighbors enjoyment of the view. 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 vadance will have an adverse effect or impact on physical or environmental conditions. Page 2 -August 10, 2000 Appl. No. 4840 - E. and M. Pisani 1000-126-11-9.1 at Laurel (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a deck facing the water while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT a vadance authorizing construction of a deck 40 feet wide, attached to the south side of applicant's house and extending no more than 12 feet from the wall of the house, subject to the following CONDITIONS: (1) Any steps from the deck to the ground shall be within the. 12-foot limit setforth above. (2) The deck shall be atall times open to the sky. (3) As a condition for issuance of a Certificate of Occupancy for the completed deck, applicant shall fumish to the Board, in writing, a survey map or surveyor's measurement of the distance between the deck and the outer bulkhead at the closest point, measured along a line drawn perpendicular to the bulkhead. Such measurement shall be made a permanent part of the record of this variance. VOTE OF THE BOARD: AYES: Goehdnger, Tortora, Homing, Collins. (Member Dinizio was absent due to illness.) This Resolution was duly ADOPTED (4-0). Gerald P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 10, 2000 Lot Waiver Appl. No. 4841 - EMILY SCHACHTER CTM #1000-76-2-37.2 STREET & LOCALITY: 1700 Smith Ddve North, Southold DATE OF PUBLIC HEARING: August 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown as combined Goose Neck Estates lot numbers 108 and 109 (combined for the purpose of this lot waiver as a single lot identified as CTM #37.2, formedy in 1980 shown as CTM Nos. 6 and 7), Map of Goose Neck Estates, Southold. The lot waiver request is for a lot of 16,500+- sq. ft. This lot is situated on the south side of Smith Ddve North, Southold, with a frontage of 157.05 on an arc along Smith Ddve North and lot depth of 100 feet. The adjoining lot (currently CTM #37.3 and formedy in 1980 shown as Nos. 36 and 37) is situated on the north side of Smith Ddve South, Southold, with a frontage of 157.08 feet on an arc and lot depth of 100 feet, and is also shown onthe Map of Goose Neck Estates - combined subdivision lot numbers 110 and 111). BASIS OF APPLICATIONS: Building Inspector's May 10, 2000 Notice of Disapproval stating that pursuant .to Article II, Section 100-25A of the Zoning Code, a nonconforming lot shall merge with an adjacent conforming or,nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. (This lot waiver voids the 1979 area vadance under ZBA Appl. No. 2614 which contained a condition requiring subdivision approval from the Planning Board.) RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 37.2 from CTM Lot NO. 37.3. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials subm tted and personal nspect on, the Board makes the following findings: 1. County Tax Map Parcel 37.2 was purchased in 1967 by Hart. The Hart's also owned an adjoining lot, CTM Lot 37.3, purchased in 1966. 2. During 1979, the Harts applied for and received an area vadance for each Lot 37.2 (then referred to as CTM #6 and 7) and Lot 37.3 (then referred to as CTM #36 and 37), with the condition that a subdivision application be filed with the Planning Board. However, there is no record of an application to the Planning Board. 3. The Harts (and their Estate) continued ownership of both lots, by separate deeds, until 1992. In 1992, both CTM Lots 37.2 and 37.3 were conveyed to Baumgratz, and later conveyed to Schachter. The lots continued in the same ownership, thus the merger continued. Page 2- August 10, 2000 ZBA Appl. No, 4841 - Lot Waiver Re: 1000-76-2-37.2 (Schachter) at Southold 3. Both lots have been treated physically as separate properties and CTM Lot 37.2 was left entirely in its natural state. 4. Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential for the construction of only one single-family home. 5. Waiver of the merger will recognize lots that are consistent with the size of lots in the neighborhood. The unimproved Lot is similar in size to other lots in this neighborhood and consists of two Jots shown on the former Subdivision Map. 6. Waiver of the merger will recognize the odginal lot lines (outer perimeter) set forth on the Goose Neck Estates subdivision map. 7. The vacant CTM Lot 37.2 comprises 16,500+- sq. ff. in area with 157.05 frontage along an arc of Smith Drive North. The Board and applicants understand that any future construction will be isubject to reviews by other appropriate agencies. 8. If the merger is not waived, the applicants will not be able to use their land for a single-famil~ dwelling. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the Lot Waiver, to unmerge County Tax Map Lots 37.2 and 37.3, as applied for. VOTE OF THE BOARD: was~absent due to illness. was duly ADOPTED (3-0). AYES: Members Goehringer, Tortora, and Collins. (Member Dinizio Member Homing w~~-) Th_b~ Re_solution //~A~~fp(~ rGF iOi nEgH RI N G E R CHAII~MAN 'APPE~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 10, 2000 AppI. No. 4847- ROGER H. YOUNG 1000-128-3-12.4 STREET & LOCALITY: 3495 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 10, 2000 FINDINGS OF-FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Minor Subdivision Map of Cecil T. Young signed by the Chairman of the Southold Town Planning Board on September 15, 1969. The lot waiver request is for a lot of 21,536 sq. ft. This lot has a 200 ft. frontage along the northwest side of Peconic Bay Boulevard, Laurel. The adjoining lot (currently CTM #12.5; Lot #2 on the Cecil Young Minor Subdivision Map is 20,920+- sq. ft. with 153 ft. of lot frontage. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's June 22, 2000 Notice of Disapproval stating that lot 12.4 and 12.5 merged underArticle II, Section 100-25A. RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 12.4 from CTM No. 12.5. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. CTM Lot No. 12.4 was part of a large farm owned by the Young Family for many years. 2. In 1969, an application was filed and approval received for a Minor Subdivision referred to as the "Map of Cecil T. Young" consisting of three lots. Two of the lots (Subdivision Lots 1 and 2) are identified on the County Tax Maps (CTM) as 12.4 and 12.5. At this time, the minimum zoning requirements was 12,500 sq. ft. for new lot creations. CTM Lots 12.4 and 12.5 each exceeded the minimum lot size requirements. 3. Dudng 1988, Roger Young acquired Lot 12.4, and Susan Pauley acquired Lot 12.5 and continue separate ownership today. 4. Both lots have been treated physically as separate properties and separate ownership prior to 1988. 5. About 1995, the Town enacted Article Ii, Section 100-24, Lot Creation, and Section 100-25, with regard to nonconforming lots. A Lot Waiver procedure was also enacted for lots which receive a merger determination for any time period after 1983. 6. Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential for the construction of only one single-family home. Page 2- August 10, 2000 Appl. No. 4847 - R. Young (128-3-12.4) Southold Town Board of Appeals 7. Waiver of the merger will recognize lots that are consistent with the size of lots in the neighborhood. The lots are similar in size to other lots in this neighborhood and conformed to the code requirement at the time of their creation. 8. Waiver of the merger will recognize the odginal lot lines (outer perimeter) set forth on the Minor Subdivision Map of Cecil T. Young (1969). 9. The Board and applicants understand that any future construction will be subject to reviews by other appropriate agencies. 10. If the merger is not waived, the applicants will not be able to use their lands for a single-family dwelling. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was VOTE OF THE BOARD: was absent due to illness. was duly ADOPTED (3-0). RESOLVED, to GRANT the Lot Waiver, to unmerge County Tax Map Lots 12.4 and 12.5 as applied for. AYES: Members Goehdnger, Tortora, and Collins. (Member Dinizio Member Homing was absent dudng this resolution.) This Resolution