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HomeMy WebLinkAboutZBA-12/07/2000/~iPPEALS 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 MINUTES SPECIAL MEETING THURSDAY, DECEMBER 7, 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, December 7, 2000 commencing at 6:00 p.m. Present were: Gerard P. Goehdnger. Chairman (left 7:55 p.m.) Lydia A. Tortora, Mere r)er George Homing, Member Lora S. Collins, Member Linda Kowalski, Board Secretary-Clerk Absent was: James Dinizio, Jr., Member. 6:05 p.m. Chairman Gerard P. Goehringer called the meeting to order. The Board proceeded with the first item on the Agenda: I. RESOLUTIONS: Chairman Goehringer. and duly carried, to Approve the folio'wing: SEQRA: (None at this time). RESOLUTION Adopted: Motion was made by Member Collins, seconded by Minutes of July 6, 2000 Meeting; Minutes of August 10, 2000 Meeting. Vote of the Board: Ayes: Goehringer, Tortora, Collins, and Horning. Dinizio was absent.) This Resolution was duly adopted (4-0). (Member II. DEUBER,~TIONSIDECISIONS: The Board deliberated and the following determinations were rendered, the origi hals of which were filed with the Office of the Town Clerk. Copies D. Confirmation by Chairman of Meetings for January 4th and tentatively for February 1st, 2001. C. RESOLUTION Adopted: Motion was made by Member Collins, seconded by Chairman Goehringer, and duly carried, to authorize advertisement of the following applications for public hearings to be held January 4, 2001: Page 2 - Minutes Meeting of December 7. 2000 Southold Town Board of Appeals of the following are attached and incorporated into th ~s set of Minutes as though fully wdtten herein: Approvals with Conditions: Appl. No. 4885 - F. B. Harvey II1 Denial of Request and Grant of Alternative Relief: Appl. No. 4873 - Peter Rugg Appl. No. 4883 - M. Shea Appl. No. 4890- J. and H. Lechmanski Denial Without Preiudice: Appl. No. 4871 - J. Zoumas Other Approvals: Appl. No. 4886 - G. and Y. McNab/Elaine Abelson Appl. No. 4862- W. BaxtedSprint Tower Appl. No. 4882 - Lav-Cor Agricultural Interpretations: Appl. No. 4884 - Building Department Ill. PUBLIC HEARINGS: The Chairman opened the following continued hearings, held in the order noted below. Please also refer to written Transcript prepared or the available cassette recording of the meeting: 7:18 - 7:30 p.m. Appl. No. 4836 - William Penney Addition (Amendment) Mr. Penney explained his project in detail: also attending was Thomas McCarthy in support of Mr. Penney. The Chairman indicated that a site plan (7 prints) should be prepared for the permanent ZBA file at this time, with specific details about the fence areas, building size and location, site and setback information, parking areas, etc. Once submitted, the Board would be in a position to take the next step in the decision process - tentatively for consideration January 4, 2001 if the maps are submitted within reasonable time for reviews. Resolution Adopted: After additional discussion and testimony, motion was made Member Tortora, seconded by Member Collins, and duly carried to close the headng. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). 7:30 - 7:32 p.m. Appl. No. 4889 - Ralph and Catherine Caselnova. The Chairman confirmed receipt of a leffer from Chades Cuddy, attorney for the applicants, requesting that the headng be closed. No objection was received from the State of New York, which agency owns the adjoining lot to the south (drainage sump area). Resolution Adopted: Motion was made by Member Collins, seconded by Chairman Goehdnger, and duly carded to close the headng. (Member Dinizio was absent.) This Resolution was duly adopted. Resolution Adopted: See attached Findings and Determination, the original of which was filed with the Office of the Town Clerk. This Resolution was duly adopted (4-0). 7:32 - 7:35 p.m. Appl. No. 4888 - Richard Goodale. The Chairman confirmed that an interior viewing of the building occurred. The Chairman asked if there was anyone present who wished to speak. There Was no reply; the applicant, Mr. Goodale, was present in the Page ~ - Minutes Meeting of December 7, 2000 Southold Town Board of Appeals audience. Resolution Adopted: See attached Findings and Determination, the odginal of which was filed with the Office of the Town Clerk. This Resolution was duly adopted (4-0). 7:35 - 7:45 p.m. Appl. No. 4881 - Gina Maxwell. The Chairman opened the hearing. Ms. Maxwell and Robert Saetta were present. Resolution Adopted: After discussion, motion was made by Chairman Goehdnger, seconded by Member Homing, and duly carded, to close the hearing and reserve decision until later. Vote of the Board: Ayes: All (4-0). (Member Dinizio was absent.) This Resolution was duly adopted (4-0). 7:45 p.m. Appl. No. 4876 - 1670 House/Schlaefer. Architect Strang and Attorney Moore appeared. After discussion, the Board recommended that the applicant proceed in obtaining a review from the Planning Board regarding the interior flow of loading, unloading, parking and circulation which appeared to be difficult with the present layout. The agents for the applicant were advised that the Planning Board did not receive an application with the filing fee and other documentation necessary for a thorough review at the preliminary stage of the project. Resolution Adopted: Motion was made by Chairman Goehdnger, seconded by Member Tortora, to RECESS the hearing until the February meeting (expected dudng the first week in February). Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. Chairman Goehringer was excused and left the meeting at approximately 7:50 p.m. 7:51 p.m. Appl. No. 4837 - Harry Cashy and H Misthos. Charles Cuddy, attorney for the applicants, forwarded a letter yesterday requesting additional time for further discussions with concemed neighbors. Resolution Adopted: Motion was offered by Member Tortora, seconded by Member Collins, and duly carded, to recess the headng for a continuation, to be held at the Board's February 1, 2001 calendar. Vote of the Board: Ayes: All (3-0). Absent were Chairman Goehringer and Member Dinizio. IV. DELIBERATIONS/DECISION: (regarding tonight's headng closures): See attached Findings and Determination for the following, the original of which was filed with the Office of the Town Clerk. A copy of same is attached as though fully written and set forth into this set of Minutes: Approved with Conditions. Appl. No. 4881 - Gina Maxwell. V. EXECUTIVE SESSION (none held). The Meeting was adjourned at 8:10 p.m. Respectfully submitted, ~ ../4_inda Ko~al~-~ ~- ~erard P. Goehrin~er, Ch&i~ ~ . D~_TE APPEALS BOARD MEMBERS Gerard E 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 TOWN-WIDE ZONING CODE INTERPRETATION MEETING OF DECEMBER 7, 2000 Appl. No. 4884 - BUILDING DEPARTMENT by Edward J. Forrester LOCATION OF PROPERTY: Town-Wide, Town of Southold DATE OF PUBLIC HEARING: November 16, 2000 SECTION OF CODE INTERPRETED: 100-13 Re: Definition of Swimming Pool and Fencing Requirement WHEREAS, pursuant to Section 267-a.4 of Town Law, and pursuant to Section 100-271 of the Southold Town Code, an application was made by Edward Forrester of the Southold Town Building Department for an Interpretation of the Zoning Code, Article III, Section 100-13 for a determination of whether or not hot-tubs, Jacuzzis, on decks or as freestanding units in yards, shall be considered swimming pools; and WHEREAS, after due notice a public hearing was held by the Board of Appeals on November 16, 2000 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York to consider the Building Inspector's question; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded, and WHEREAS, the Board has carefully considered all testimony and evidence; and WHEREAS, Section 100-13 "Definitions - Swimming Pools" of the Zoning Code reads as follows: ...§100-13 DEFINITIONS: SWIMMING POOL--A structure containing an artificial body of water which is greater than six (6) feet long or wide and greater than eighteen (18) inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than forty-five degrees (45°) shall not be included in this definition. On motion offered by Member Tortora, seconded by Member Homing, it is RESOLVED0, that the Request for Interpretation by the Southold Town Building Department is hereby ANSWERED as follows: If the hot-tub or JacuTzi, on a deck or as a freestanding unit in a yard, contains an artificial body of water which is greater than six (6) feet long or wide and greater than eighteen (18) feet inches in P-.~ 2 ,'- December 7, 2000 Appl. No. 4884 - Building Department ZBA Interpretation (Swimming Pools) depth at any point, then the structure shall be considered a swimming pool. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Horning, ancl Collins. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). .,//;~ERARD p. GOEHRINGER, CH~I'RMAN APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4889 ~' RALPH AND CATHERINE CASELNOVA STREET & LOCATION: Main Road (S.R. 25), Odent 1000-18-3-9.8 (formerly 9.7) DATE OF PUBLIC HEARING: November 16, 2000; December 7, 2000 FindJnqs of Fact PROPERTY FACTS: The applicants' property compnses 15.7 acres north of the Main Road in Odent An easement over the east side of the property provides right-of-way access to several houses to the north. A prior owner transferred development rights on 11.3 acres to Suffolk County in 1997, leaving 4.35 acres available for development. Applicant wishes to set off 80,000 sq. ff. for development purposes (future dwelling)'at the southeast comer of the property. BASIS OF APPEAL: Building Department's Notice of Disapproval, dated September 11, 2000, denying applicants' request for a building permit for a dwelling in this setoff because the proposed totof 87,268 sq. ff. would include 26,100+- sq. ff. of the right-of-way and only 61,158 sq. ft. of lot area as defined in the Zoning Code. The area is zoned R-80 and 80,000 sq. ft. are required. AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the proposed setoff of a lot containing less than 80,000 sq. ft. after deduction of the area covered by the right-of-way as shown on the Minor Subdivision Map prepared by Anthony Lewandowski, L.S. submitted with this 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) When the pdor owner transferred development rights to Suffolk County, he intended to reserve two buildable lots meeting the 80,000 sq. ff. requirement of the R-80 zone. However, the reservation was made without allowance for the fact that the right-of-way over the property would not count as lot area. The Board believes it would be futile for applicants to seek to repurchase any of the development rights. Without the requested variance, they hold unusable land. (2) The Notice of Disapproval describes the right-of-way over the proposed lot as 522 feet long and 50 feet wide. Applicants' attorney submitted calculations reflecting the fact that part of the right-of-way is less than 50 feet wide, so that it measures 24,431 sq. ft. rather than 26,100 sq. ft. Thus, the proposed lot is 62,837 sq. ft. (3) A house can be built on the proposed lot with setbacks that satisfy Code requirements without variances. Such house will be surrounded on three sides by a State-owned recharge basin and applicants' undevelopable land. The fact that the lot area is less than required in the R-80 zone will make no difference visually and will have no impact on neighbors. For these reasons, Page 2 - December 7, 2000 ZSA Appl. No. 4889 - R. and C. Caselnova Parcel 1000-18-3-9.8 at Orient grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the requested vadanCe is the minimum action necessary and adequate to enable applicants to have the use of the intended buildable lot 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 the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehdnger (Cha?~n), Tortora, Collins and .;2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Jam6s 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 Faa (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF DECEMBER 7, 2000 Appl. No. 4888 - RICHARD GOODALE, Applicant-Owner Parcel Nos. 1000-117-10- 13 with 14 combined STREET & LOCALITY: 8755 Fifth Street, New Suffolk DATE OF PUBLIC HEARING: November 16, 2000; December 7, 2000 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). Applicant- owner is requesting an Accessory Bed and Breakfast, accessory to the owner's (Richard Goodale's) residence in this single-family dwelling, with up to four (4) bedrooms (maximum) for lodging and serving of breakfast to not more than eight (8) casual, transient roomers. PROPERTY DESCRIPTION: This property contains approximately 40,000 sq. ft. in total land area and fronts along two streets: 100+- ft. along the south side of Jackson Street and 470+- ft. along the east side of Fifth Street, in New Suffolk. The property is improved with dwelling which is maintained and used as a single-family dwelling. The former use of the building areas as a two- family dwelling has been abandoned, as confirmed by the owner in this application for an Accessory Bed and Breakfast in a One-Family dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the Distdct in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-owner's residence m this dwelling and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected by this accessory use. This accessory use is subject to further review by the Building Department under the New York State Fire and Building Codes (which is not in the jurisdiction of the Board of Appeals). 5) This accessory use is an authorized zoning use subject to a Special Exception review and Page 2 - B & B Appl. No. 4888 (Goodale) Re: 1000-117-10-13with 14 (single lot) Decision Rendered December 7, 2000 approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Sect~ign 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) A minimum of six (6) parking spaces (four for the Bed and Breakfast Use and two for the single-family dwelling) shall be on-site (on applicant's property). 2) There shall be no entry or ddveway to the dwelling from Jackson Street. 3) Applicant-Owner shall occupy the dwelling as his principal residence, and shall obtain aK Certificate (of Occupancy or Compliance) from the Building Department for occupancy for the new Accessory Bed and Breakfast. 4) The subject property contains lot numbers 13 and 14 which are merged as one lot, and in no event shall be considered as two separate lots. 5) This Authorization by the Board of Appeals is solely for an Accessory Bed and Breakfast a nd does not include use of the property and buildings for any other use or purpose. VOTE OF THE BOARD: Collins, and George Horning. adopted (4-0). Ayes: Members Gerard P. Goehringer (Chairman), Lydia A. Tortora, Lora (Member Jame~~~n was duly /i~RAR-D P. GOEHRII~GER. C_.FI'~,IRMAN~"-'"--'-"'"~ APPEALs BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southotd 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, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 AppL No. 4885- F.B. HARVEY III Parcel 1000-7-6-10 STREET & LOCALITY: Pdvate Road off East End Road, Fishers Island DATE OF PUBLIC HEARI'NG: November 16, 2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the north side of a private Road, Fishers Island and is improved with a single-family dwelling, all as shown on a February 24, 2000 survey map prepared by Chandler, Palmer & King. BASIS OF APPEAL: Building Inspector's September 19, 2000 Action of Disapproval for the reason that an addition is proposed with a rear yard setback at 25.94 feet instead of the required 50 feet on this lot consisting of .58+- acre. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a proposed addition 37.35 ff. x 25 ft. at the north side of the existing dwelling, and new one-story kitchen addition 11.29 ft. x 13.39 ft. proposed to be added at the northwest corner of the dwelling. The rear yard setback for the new construction is proposed at 25.94 feet at its closest point. REASONS FOR BOARD ACTION: (1) Granting of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The proposed addition to this preexisting, nonconforming single-family residence: a) will not exceed code requirement for total lot coverage (allowable coverage of 5,000+- square feet. and proposed coverage including new addition of 2,000+- square feet. b) will be a single-story addition and as such will be unobtrusive to the existing neighborhood and c) will be constructed in an otherwise fully developed neighborhood with no vacant building lots within the immediate area. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because any significant alteration or addition tc this nonconforming building with nonconforming lot size requires a variance. The reasons for the variance are related to the unique size and shape of the parcel. pl. No. 4885 - F.B. Harvey III ;I 000-7-6-10 at Fishers Island (3) The requested area variance is substantial and if granted represents a 50% reduction in the code requirement for the rear yard setback. (4) The proposed variance will not have an adverse effect, alter or impact on the physical or environmental conditions in the neighborhood or district, because the proposed single-story addition to this particular single-family residence is situated on .58 acre within an R-120 Residential Zone District. with nonconforming setbacks as exists (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new addition to the dwelling, and that the grant of this vadance will preserve the character of the neighborhoOd, and the health, safety, welfare Of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITION: Appropriate measures shall be taken to prevent soil erosion and runoff from occurring on the construction site. VOTE OF THE BOARD: AYES: Members Goehrin~q~(.~;hairman_.~Tortora, Collins and Homing. (Member Dinizio was absent.) This Resolut~3~ul~dopte~l-(4~).~.~-~ . ~?~.-RARD P. GOEHRINGEI~, CHAIR~VIAN APPEALS BOARD MEMBERS Gerard E G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4882 - LAV-COR AGRICULTURAL, INC. STREET & LOCALITY: 31320 Main Road, Cutchogue 1000-103-1-19.1 and 19.2 DATE OF PUBUC HEARING: December 7, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicant's property compnses 27 acres on the south side of Main Road in Cutchogue with 565 feet of road frontage. It is largely planted in grapes. Existing buildings, all near Main Road, are a farmstand, farmhouse, garages and several barns including one used for wine making and one used as a tasting room. The property is zoned Business for a depth of 300 feet from Main Road, and otherwise R-8Q BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 20, 2000, denying a permit to construct a new tasting-storage-office building because the building would be 203 feet wide. Code section 100-103C provides that in the Business zone, "no single structure shall have more than sixty linear feet of frontage on one street." AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance authorizing the dimensions of a 203-foot-wide building as proposed in the construction plans submitted with 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 proposed building will replace the existing tasting barn and will add storage and shipping areas that applicant states are very badly needed. The proposed fagade has several visually distinct segments, reflecting the different activities within. The architect's stated intent is to create the impression of a cluster of different buildings. Applicant states that having a single building for the different activities will enhance efficiency and reduce lot coverage and the amount of roadway needed on the property. Altemate sitings for the building, to obviate the need for a variance, would require destruction of significant amounts of mature grapevines. (2) The proposed building will be more than 200 feet from the road and will be screened by trees. The addition of the building should upgrade the visual environment of the neighborhood, which is dominated by substantial commercial uses on the south Page 2 - December 7, 2000 Appl. No. 4882 - Lav-Cor Agricultural, Inc. Southold Town Board of Appeals side of Main Road. The building, while large, is not monolithic. Its size is consistent with other winedes in Southold Town, and reflects the nature of the winery use. The proposed traffic plan should reduce road congestion by moving the w~nery entrance, now located directly across from a shopping center entrance, well to the east. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (4) Grant of the requested vanance is the minimum action necessary and adequate to enable applicant to implement its expansion plan while preserving and protecting the character of the neighborhood and the health, safety and welfare of th ~ community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance, authorizing construction of the proposed building as described in the application made to this Board, including screening as recommended by the Planning Board, subject to the CONDITION that there no De obstruction to wsion at the entrance and exits to the property, and screening shall not exceed a height of 2-1/2 feet above the average street level within an isosceles triangle having three-foot sides along each street to preserve sight lines for traffic. VOTE OF THE BOARD: AYES: Members (Chairman) Goehringer, Tortora, Collins. and Homing (Member Dinizio was absent.) This Resolution was duly adopted (4-0). 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 APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4890 - JAMES AND HELEN LECHMANSKI STREET & LOCATION: 2495 King Street, Odent 1000-26-2-45 DATE OF PUBLIC HEARING: November 16, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicant's property comprises 11,812 sq. ft. on King St. Orient, with road frontage of 63 feet and depth of approximately 187 feet. It is improved with a frame house and a garage, having footprints of 642.75 sq. ft. and 254 sq. ft., respectively. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 11, 2000, denying a permit to expand the house and the garage because the proposed construction would bdng lot coverage to 22% whereas Code section 100-244B limits coverage to 20% AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing expansion of the house and garage as proposed with lot coverage of 22.3%. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented. materials submitted and personal inspection, the Board makes the following findings: (1) Data noted on a survey by Anthony W. Lewandowski, dated July 24, 2000, indicate that the expanded house would cover 1757 sq. ft., or14.9% of the lot, and the expanded garage would cover 880 sq. ft., or 7.4%. Total lot coverage would be 22.3%. (2) Although applicants propose to expand the house substantially, its width viewed from King St. would not increase. The expanded garage, however, would be wider than the existing garage. Small lots are common in the area, as are accessory garages and barns. For these reasons, the increase in lot coverage authorized by the action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) The Board concludes that allowing applicants some relief from the 20% lot coverage limit, to give them somewhat greater flexibility, is not a substantial variance. (4) There is no evidence that the 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 action necessary and adequate to enable applicants to implement their expansion plan while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Collins, it was Page 2 - December 7, 2000 ZBA Appl. No. 4890 - J. and H. Lechmanski Parcel :L000-26-2-45 at Orient RESOLVED, to DENY the requested variance and ALTERNATIVELY to GRANT a vadance authorizing a maximum lot coverage of 21%. VOTE OF THE BOARD: Members Goehringer (Chairman), Tortora, Collins, and Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). APPEALS BOARD MEMBERS Gerard P. G0ehringer, 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 DECEMBER 7, 2000 Appl. No. 4881 - GINA MAXWELL STREET & LOCATION: 170 Orchard Street, Orient DATE OF PUBLIC HEARING: November 16, 2000 1000-25-3-3.1 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a roughly rectangular lot on Orchard Street in Orient, with 89 feet of road frontage, depth of 94 feet, and a total area of 8460 sq. ft. It is improved with a two-story frame building that was formedy the Orient firehouse and is now applicant's home, and a small shed. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 11, 2000~ denying a permit to add a deck and fencing because (1) lot coverage already exceeds the 20% allowed under Code section 100-244B (2) the fence would be higher than the 6-1/2 feet allowed under Code section 100-231B. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance authorizing construction of the deck as proposed, bringing lot coverage to 34.4%, and the fence as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant's lot is small, as is common in Orient. The principal structure covers 31.02% of the lot and the shed covers 1.13%, for a total of 32.15%. The limit set by Code Section 400- 244B is 20%, so any addition requires a variance. (2) The new deck on the east side of the principal structure extends only six feet from the building wall and is 32 feet long. It adds 2.27% to lot coverage, for a total of 34.4%. Applicant proposes to erect wooden columns along the edge of the deck, each connected to the house by a horizontal beam at the top of the column to create a pergola on which vines will be grown. (3) Applicant proposes to erect wooden columns 8-1/2 feet high along the eastedy property line. These columns would be connected to each other at the top, and the space between the columns would be filled with wood lattice fencing measuring six feet from the ground. The Board considers this structure, taken as a whole, to be a fence 8-1/2 feet high. Code section 100-231B sets a limit of 6-1/2 feet. (4) Several columns of the sort described in paragraph (3) already exist on a neighbor's land close to the property line at the southeast comer of applicant's property. Applicant proposes to erect lattice fencing to a height of six feet above the ground along her property line close to such columns. Because the fencing and the columns would be physically separate, on separate lots in Page 2 - December 7, 2000 ZBA Appl. No. ~881 - G. Maxwell Parcel :t000-25-3-3. ! at Orient separate ownersh p, applicant's six-foot fencing would comply with Code section 100-231B and not require a variance. (5) Even in the context of Orient village, where lot coverage tends to be dense, the proposed coverage on applicant's lot is very substantial. However, the pnncipal structure is not a house but rather an institutional building converted to dwelling use, and its bulky physical presence has been part of the neighborhood for a very long time. Applicant's project is intended to improve the property's appearance, and the addition to lot coverage due to the deck is not great. The proposed pergola over the deck will not create the visual density that would result from a full additiOn of the same square footage as the deck. For these reasons, the increase in lot coverage requested by applicant will not produce an undesirable change in the character of the neighborhood or detriment, to nearby propert es (6) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (7) The action set forth, below is the minimum necessary and adequate to enable applicant to implement her plan 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 Collins, it was RESOLVED, to GRANT. the requested vadance authorizing construction of the deck as proposed, resulting in lot coverage of 34.4%, and authorizing erection of columns 8-1/2 feet high on the easterly side of the property with wood lattice fencing between the columns to a height of six feet above the ground, as proposed, subject to the following CONDITIONS: (1) The horizontal beams extending from the building wall to the tops of the columns along the deck shall go no further, and the remaining easterly side yard shall remain entirely open to the sky; (2) No further increase in lot coverage shall be authorized on this property. VOTE OF THE BOARD: duly adopted (3-0). Dinizio.) AYES: Members Tortora, Collins, and Homing. This Resolution was (Absent during this proceeding w_.er-e~Dtlai~nan Go.o_.pJ~inger and Member ,~~'ard P. Goehdnger, Chairman APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4886 - GLENN MCNAB STREET & LOCATION: 665 Arrowhead Lane, Peconic DATE OF PUBLIC HEARING: November 16, 2000 1000-98-3-4.1 (4 and 3 combined) FINDINGS OF FACT PROPERTY FACTS: Applicants are contract vendees of Lots 3 and 4 on the Map of Arrowhead Cove, Peconic, filed June 20, 1963, and will take the two lots as a single parcel measuring 365 feet on Arrowhead Lane, 136 feet deep on the southerly boundary and 118 feet deep on the northerly boundary, with an area of 45,201 sq. fi. The land is undeveloped. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated October 2, 2000, denying a building permit because (1) the front and rear setbacks of the proposed house are both 36 feet whereas Code section 100-30A.3 requires 50 feet, and (2) the proposed garage and pool are located in the side yard, not in the rear yard as required by Code section 100-30A.4. AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing the location of the proposed construction of the house and accessory garage and pool as described above and shown on the Map prepared by Peconic Surveyors, ES. dated September 25, 2000. REASONS FOR BOARD ACTION, DESCRI BED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The shape of the subject lot is such that observance of the 50-foot front and rear setback requirements would leave room only for an awkwardly shaped house, wide but shallow in depth. Applicants have developed a plan that takes account of the lot's shape; it includes placing the accessory structures next to the house, rather than in the rear yard, to take advantage of the lot's width. (2) Neighbors to the rear expressed concern over the proposal to build the garage only 30 feet from the property line. The Board understands the neighbors' concerns, but notes that under Code section 100- 33(B)(3), the garage could be built as close as 10 feet from the property line. (3) Because Arrowhead Lane is paved for less than its mapped width, the setback of the proposed house from the pavement will be about 50 feet. The sentiment of neighbors expressed at the hearing leads the Board to believe that it is unlikely that Arrowhead Lane will ever be widened. (4) The action set forth below will enable applicants to build a home that is not inconsistent with the neighborhood, with reasonable setbacks, and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicants to construct a home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - December 7, 2000 ZBA Appl. No. 4886- G. McNab Parcel 1000-98-3-4.1 at Peconic RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Homing, it was RESOLVED to GRANT a variance for the house as applied for, with setbacks of 36 feet from the front and rear property lines; and further RESOLVED, to GRANT a variance authorizing location of the swimming pool in the side yard as applied for; and further RESOLVED, to DENY the requested variance to locate the garage in the side yard and ALTERNATIVELY to GRANT a variance authorizing location of the garage in the side yard no less than 40 feet from the rear property line and no less than 48 feet from the front property line; Subject to the following CONDITIONS: (1) The pool shall be located between the house and garage as proposed, and shall not extend eastward of the rear wall of the house; (2) Applicant shall plant evergreen screening behind the house and garage, on or near the rear property line, such evergreens to be 3 to 4 feet high, planted approximately 6 feet apart, and continuously maintained; (3) No utilities other than electricity and running water may be installed in the garage, and any shower in the garage shall be designed and located for use as part of a pool changing room; (4) No sleeping shall be permitted at any time in the garage and the Certificate of Occupancy covering the garage shall state that the garage is not habitable space. VOTE OF THE BOARD: AYES: Members Goehdnger (Ch~a, C-~l]~nd-t-I~rniRg. (Member D,n,z,o was bsent. Tb,s Reso, ut,on du,y dopt . RD P. 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 DECEMBER 7, 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. 4873 - PETER and MEREDITH P. RUGG PARCEL: 6-3-8.2 STREET & LOCALITY: Munnatawket Avenue, Fishers Island DATE OF PUBLIC HEARING: November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant parcel of 85,640+- sq. ft. , measuring 312.91 feet along Munnatawket Avenue on the southwest, as shown on the survey map prepared by Chandler, Palmer & King dated May 12, 2000, revised 11/6t00. A right-of-way exists over the northerly property line, extending from Munnatawket Avenue to Lot #lA on the "Minor Subdivision Plan - Property of Edith Dil Ion Edson, Central Avenue, Fishers Island, New York" dated December 11, 1992, additions and revisions to July 26, 1995." The applicant's parcel is referred to as Lot #2 on this Edson Minor Subdivision Plan. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on September 13, 2000, stating that the application for a building permit is disapproved on the following grounds: (a) an accessory building is pmpesed in a front yard location, and (b) a garage addition is proposed with a front yard setback at less than 60 feet from the edge of right-of-way. RELIEF REQUESTED BY APPLICANT: By a preliminary site plan map dated May 12, 2000, updated 1116/00, received 11/14/00, applicant proposes to locate: (1) an accessory boat storage building at 50 feet from Munnatawket Avenue (southwest property line), 45 feet from the northerly (Cakes) property line, and 20 feet from the inside edge of the northerly right-of-way, and: (2) a garage addition at 105+- feet from the north property line (along Cakes to the north) and 44 feet from an existing right-of-way line is also proposed at the north end of a proposed three-bedroom residence. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. (a) The granting of the area variance to locate an accessory building in a front yard area will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. This accessory building will be a minimum of 50 feet from the edge of the street (Munnatawket Avenue). An evergreen hedgerow will be planted along this side of the building to screen it from the street view. (b) The granting of the area variance to locate a garage addition with a reduced distance to the edge of the private right-of-way, will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. This building will have one front yard setback of 155+- feet from Munnatawket Avenue, and the other yard setback will be 44+- feet the eclge of the unpaved portion of a dead-end private road as the proposed access to the applicants' driveway. The applicant will share the right-of-way with two (2) immediate residences. The ZBA finds that the proposed setbacks from this right-of-way are the minimum necessary and adequate, given the dead end nature and private status of the right-of-way, after considering the Interpretation under a similar Appl. No. 4836 (Koch) concerning front yard setbacks from streets. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than area variances. The topography of the property contains a very steep Page 2 - December 7, 2000 Appl. No. 4873 - P. and M. Rugg 1000-6-3-8.2 (Fishers Island) southern slope, preventing placement of the garage addition (principal building) any farther from the right- of-way. Also, the sloping terrain of the property also prevents the placement of the proposed accessory building in a required rear yard area 3. The requested area variances are substantial. The proposed placement of the accessory building is within a front yard area, rather than a code-required rear yard location. With regard to the garage addition to the dwelling (principal building), the closest setback to the private right-of-way is only 44 feet at its closest point. 4. The proposed variances will not have an adverse effecl or impact on the physical or environmental conditions in the neighborhood or district. The addition to the dwelling and one accessory building in this residential district will not alter the character of the residential neighborhood. 5. The situation has not been self-created. RESOLUTION: On motion by Member Homing, seconded by Member Tortora, it was RESOLVED, to GRANT alternative relief for an accessory storage building in a front yard location, and to GRANT the location of the proposed addition to the existing dwelling, subject to the following Conditions: The proposed accessory building will be located at a minimum distance from Munnatawket Avenue of 50 feet and at a minimum of 15 feet from the private right-of-way to the north at its closes! point. Proposed accessory building will be shielded from direct view of Munnatawket Avenue by the planting of an evergreen hedgerow adjacent to, and the full length of that side of the building facing the street. 3. Proposed accessory building shall conform to all other provisions of the Town of Southold relating to accessory buildings and accessory uses. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Tortora, Collins, and Homing. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). GERARD P. GOEHRINGER, CHAIRMA~ 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 APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 -Appl. No. 4883 - MARl SHEA STREET & LOCATION: 1350 Smith Road, Peconic DATE OF PUBLIC HEARING: November 16, 2000 1000-98-3-25 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the west side of a Smith Road (a private road) in Peconic. The property contains a lot area of 36,000+- sq. ft. with 200 ft. road frontage. Existing is a one-story frame dwelling, accessory garage and swimming pool located in the rear yard. The front wall of the house is 38 feet from the property line; a stoop, about six ft. wide, extends out 5-1/2 feet from the front wall. BASIS OF APPLICATION: Building Inspector's September 11, 2000 (corrected November 13, 2000) Notice of Disapproval, denying a permit to expand the house because the proposed addition would be less than the Code requirement at Section 100-244B) for a minimum 40 ft. setback from the front property line. AREA VARIANCE RELIEF REQUESTED: Applicant's original application for a building permit proposed a five-foot front porch, eight feet deep and running the entire width of the house, with a second-story deck. Applicant requests a vadance authorizing a front yard setback of 30 feet to accommodate an eight-ft, porch as amended. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: (1) Because the existing house 'is less than 40 feet from the front property line, any addition at the front requires a variance. Applicant's plan for expansion of the house includes a front porch as an integral element. (2) Applicant proposes a major expansion of the house, adding a second story and a full-width front porch with deck above. The change from a one-stow house set back 38 feet from the front property line, to a two-story house set back 30 feet, would be substantial. Concern for the visual impact on the street and neighborhood leads the Board to conclude that a greater setback is need in order to avoid an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) Them is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - December 7, 2000 ZBA Appl. No. 4883 - Nad Shea Parcel ~[000-98~3-25 at Peconic (4) The action set forth below is the minimum necessary and adequate to enable applicant to implement her expansion plan while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnger= seconded by Member Tortora, it was RESOLVED, to DENY the requested vadance and ALTERNATIVELY GRANT a variance authorizing a front yard setback of no less than 32 feet from the property line. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Horning. This Resolution was duly adopted (4-0). Member Dinizio was absent. GERARD P. GOEHRINGER, CHAIRMAN 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 APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 App[-No.; 4862 - SPRINT SPECTR'UM, LP. ' 000-108-4-11.3 STREET & LOCATION: 415 Elijah's Lane, Mattituck DATE OF PUBLIC HEARING: November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the west side of Elijah's Lane, Mattituck. The property contains approximately 95,000 sq. ft. with 197.50 ft. frontage along the west side of Elijah's Lane, Mattituck. The property is improved with a one-stow warehouse building and rear yard structures as shown on the Map dated August 13, 199, prepared by Carman-Dunne, P.C. The property is zoned Light-Business (LB). BASIS OF APPLICATION: Building Inspector's May 31, 2000 Notice of Disapproval for the reason that applicant's proposed wireless telecommunication tower exceeds the height limited under Section 100- 162B.3 within 300 feet, at a total height of 110 feet (overall). RELIEF REQUESTED: Applicant is requesting a height 10 ft. greater than its existing tower and which has an overall height 20 feet greater than other structures within 300 feet. The existing telecommunications tower is 100 ft. tall. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) The proposed monopole tower will replace the existing tower ap,,d will add co-location facilities, which is encouraged by the Southold Town Code. Co-location of telecommunication antennas are needed and will enhance efficiency with expanded coverage. Alternate sites for the tower, to obviate the need for a variance, is not available on this property without a variance. (2) No evidence has been submitted to show that the additional 10 ft. will 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. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to co-locate with others for communications purposes, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (5) The use will not prevent the orderly and reasonable use of properties in adjacent Zone Districts. The property contains a 100 ft. tall wireless telecommunications tower, and the new tower is a Pag~"_~ - December 7, 2000 App;. No. 4~862:1000-108-4-11.3 (Sprint) Southold Town Board of Appeals replacement, with an additional 10 feet in height. (6) The variance requested is not substantial. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the application, as applied for, subject to the following CONDITIONS: 1. That a fully operational light be placed at the top, and continuously used and maintained (for aircraft visibility purposes (to and from the Mattituck Air Base); 2. That only one monopole structure or tower may exist on the property. VOTE OF THE BOARD: AYES: MEMBERS GO~HI~ER, TO~,JT..~RA,~LI_INS, and HORNING This Resolution was duly adopted (4~0).,'/'"~_~ Jy.,,~/.,/. / GERARD P. GOEHRtN~'ER / ./ CHAIRMAN 12/z-100 / APPE~ 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 DE LIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4871: VERA DOROSKI/JOHN ZOUMAS 1000-97-7-14 Street & Locality: 455 Beebe Ddve, Cutchogue Date of Complete Application: September 18, 2000 Date of Public Headng: October 19, 2000; November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot (referred to herein as Lot 15) shown on the Map of Moose Cove, Cutchogue, with a total lot area of 21 580+- sq. ft. The lot has frontage along Beebe Ddve of 227.05 feet, 33.21 feet along an arc of the curve, and 1843.83 feet along Deerfoot Path. A revised survey prepared by Harold F. Tranchon, Jr. shows a proposed dwelling with garage at the center of the property. BASIS OF APPLICATION: Building Inspector's September 11, 2000 Notice of Disapproval of an application for a building permit. The Disapproval states that under Code Section 100-244B, a minimum 40 ff. front yard setback and minimum 50 feet rear yard setback are required. LOT WAIVER REQUESTED: Applicant requests a variance to locate a new dwelling with a setback from the front street line at Deerfoot Path of 31.3 feet instead of 40 feet, and a setback from rear property line (facing Lot No. 16) at 45 feet instead of the required 50 feet. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: The applicant proposes to construct a 45-ft. wide by 33 deep, two-story single-family dwelling on a triangular substandard lot containing a total of 21,560 sq. ft. The lot and immediate area have drainage problems due to several Iow spots that collect water, and from road run-off on Beebe Drive, as documented by neighbor's testimony, the October 25, 2000 Town Engineer's Report, and the November 6, 2000 Engineer's Report and Grading and Drainage Plan prepared by applicant's consultant, Robert Marsteller, Jr., P.E. The applicant's grading and drainage plan would allow the southwest portion of the property, front yard and ddveway in front of the proposed home to "run off to the street" (Beebe Ddve), which would increase runoff to properties on the opposite side of Beebe Drive. IN CONSIDERING THIS APPLICATION, THE BOARD FINDS THAT: 1. Grant of the area variances will produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. The proposed drainage and grading Page 2 - December 7, 2000 ZBA Appl. No. 4871 - John Zoumas Re: 1000-97-7-14 at Cutchogue plan is inadequate to prevent additional runoff that would be created by grant of this variance application. The benefit sought by the applicant may be achieved by some method, feasible for the applicant to pursue other than area variances. The applicant proposes to construct a 45 ft. by 33 ft., two-story house. The applicant has failed to show that he could not build a smaller house, which would eliminate and/or reduCe the degree of the setback variances requested for the front yard and the rear yard. The front yard setback vadance is substantial and represents a 22 percent reduction in the code required 40 ft. setback to 31.5 feet. The rear yard setback variance for a 45 setback from the code requirement of 50 feet, is not substantial in itself, but in combination with the front yard variance, represents a total of 34 percent reduction in the code requirements. The hardship has been self-created because the applicant knew when he purchased the property that the lot was nonconforming, and that proposed construction would be required to meet the setbacks of the Southold Town Code. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Evidence has been submitted to suggest that the proposed variances will increase road runoff to neighboring properties and an adequate plan to mitigate runoff from the proposed construction has not been presented to the Board. BOARD RESOLUTION: Now, therefore, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to DENY, without prejudice, the relief as applied for. VOTE OF THE BOARD: AYES: Members Goehringer (Chai?.~..~3~ Torto~,~__C_~ns, and Horning. (Member Dinizio was absent.) This Resolution was-dL~l~ted~4_0)./~ ///'"GERARD P. GOEHRING~R .~/ ,,'" CHAIRMAN J