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HomeMy WebLinkAboutZBA-03/01/1995APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia ^. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING WEDNESDAY~ MARCH 17 1995 A Regular Meeting of the Southold Town Board of Appeals was held on WEDNESDAY, MARCH 1, 1995 commencing at 7:15 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goohringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member k~ndic~aA~ T.~rtora,.Memher . · kowa±SKX, u±erK, Board of Appeals 7:15 p.m. Work Session - Reviews and discussions generally. No action was taken. 7:30 p.m. Call to Order. Regular Meeting and start of public hearings. I. The Chairman read the legal notice and accepted testimony in each of the following matters. Each hearing started at the times shown below, the written testimony has been prepared under separate cover and fried this date with the Town Clerk,s Office for references purposes. The w~itten transcript of the hearings was prepared by Lucy Farrell (part-time clerk-typist) from audio tape recordings, recorded during the hearings by the Board Clerk, Linda KowaLski. 7:30 p.m. Appl. No. 4298-SE - PETROL STATIONS LTD. Request for Special Exception under Article VII, Section 100-71B for appreval of office use(s) in thi.q Residential-Office (RO) Zone District, in conjunction with the existing single-family dwelling unit, at premises, known as 25235 ~ Road, Cutchogue,. NY; County Tax Map Parcel No. 1000-109-1-23. Subject premises con.~ists of-a total of six acres, which is located partly in the' Residential-Office (RO) Zone District and partly in the R-40 Low-Density Residential Zone District. Mr. Ural Talgat of SamueLs & Steelman Architects spoke for and appeared with Michael Gorman, the applicant.. See statements Page ~ - Minutes Regular Meeting - March 1, 1995 Southold Town Board of Appeals in written transcript of hearing. Following testimony, the hearing ended and a determination for conditional approval was rendered later during the meeting. See separate resolution, infra. 7:40 p.m. Appl. No. 4299 - ROBERT S. HUGHES. Applieation based upon the January 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordlnance, Article III, Section 100-33 for permission to relocate existing garage as an accessory building in an area other than the required rear yard. Property ID: 1025 Private Read #6, Orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. Robert S. Hughes, Esq. appeared and spoke in beholf of his application. See verbatim transcript for statements made. The hearing ended, ~nd a determination was rendered later during the meeting. See separate resolUtion, infra. 7:50 p.m. Appl. No. 4297 - CLAIRE CHAMBRUN. Application based upon the January 9, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to construct an addition to existing dwelling with a side yard setback at less than the required 15 feet. Property ID: 840 Pinewood Road, Cutchogue, NY; County Tax Map parcel No. 1000-110-5-25. Mrs. Chambrun appeared and spoke 'in betlaW of her application. At the end of the hearing a motion was offered by Member Doyen for approval, adopted as follows: Page 3 - Minutes Regular~eeting - March I 1995 Southold~Town Board of Appeals . ACTION OF THE BOARD OF APPEALS DATE OF ACTION: March 1~ 1995 APPL. #4297. APPLICANT: CLAIRE' CHAMBRUN LOCATION OF PROPERTY: 840 PinewOod Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 110, BLOCK 5, LOT 25. BASIS OF APPEAL: Notice of Disapproval issued by the Buildin~ Inspector dated January 9, 1995. "Proposed construction will hav~ in.~ufficient side yard setback." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3. RELIEF REQUESTED: Part of a corner of the' proposed addition of protrudes five feet into the restricted side yard area. The corner point will be 10 feet from the northerly side property llne at its closest point. The reil~ining m~jor portion of the addition will meet the side yard setback requirement of 15 feet. MOTION MADE BY: Serge Doyen, Jr., Member SECONDED BY: James Dinlzio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: 1. Due to the angle of the existing single-family house which was built moro than 30 years ago, 2. due to the substandard size of the land which is 100 feet deep by 140 ft. wide. 3. The relief requested is very mlnlm.~r[ and affects a very sm~ll amount of land area. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page~- Minutes Regular Meeting - March 1,-1995 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 7:53 p.m. Appl. No. 4300 - GLENN SMITH Application based upon the December 19, 1994 Notice of Disapproval issued by the Building Inspector, requesting a Variance under Article III, Section 100-33 for approval of the location of existing accessory buildings and structures which will be in a front yard location, if and when the existing dwelling is re-located. Location of Property: 2850 Bayview Road, SoUthold, NY; County Tax Map. NO. 1000-75~{~22-3- Architect Diane HerrOld :aPpeared together With ~.the applicationi Gle,m smith, and Tim Caufield of the Peconic land Trust and Michael Croto. Following testimony, a motion was made by Member Villa for a determination of conditional approval, rendered as follows: Page 5 - Minutes RegulacMeeting - March 1, 1995 Southol(~ Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE'OF ACTION: March 1~ 1.995 APPL. ~4295. APPLICANT: GLENN -SMITH and ELLEN ROSENBUSH LOCATION OF PROPERTY: 2850 Bayview Road, Southold~ NY COUNTY TAX MAP DISTRICT 1000, SECTION 75, BLOCK 4, LOT 22.3 referred to as Lot: il on the Minor Subdivision Map filed 8/3/92. (This-lot is also a portion of former CTM Lot 22.1;) BASIS OF APPEAL: Notice of Disapprova~ issued by the Building Inspector dated December' 19~ 1994.'"/ "In' an, R-80 District acceSsorY buildings & structures Shall !be. located in the required rear yard. Relocating the dwelling will create a .nonconforming." PROVISIONS APPEALED FROM: Article II.I, Sections 100~33. RELIEF ;REQUESTED: Approval of front yard location of existL--z~ barnS, which 'yard location results from the proposed ~relOcation of an existing dwelling, all ~as shown on survey prepared by Kenneth F. Abruzzo dated September 21, 1994. MOTION MADE BY: Robert A. Villa, Member SECONDED BY: James Dinlzio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted as applied~ with location of dwelling shown on ~the survey dated September '21~ 1994 on lhi.~ 5.0001-aci~ parcel:. REASONS/FINDINGS: Single-family dwelling as exists is nonconforming with a ~23~6 ft. setback from Main Bayview Road and 13.4 ft. nonconforming side yard setback from the northerly property line. Accessory barn bUildln~ will remain located greater than 75 feet from the front yard principal setback llne. Dwelling will be placed feet from the northerly Hne and 245+- feet from M~in Bayview Road which also eliminates the present nonconforming setbacks. The "con- servation easement area" on a large portion of tbi.~ tract has also been m~de available for access and use incidental to the px*ineipal dwelling. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member' James' Dini~.io, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehvinger~ Cl~al ~rr~n-Member This resolution was una~im0usly adopted. Page ..:~- ~/Iinutes Regular Meeting - March 1, 1995 Southold Town Board of Appeals I. PUBLIC HEARINGS, continued: 8:05 p.m. Appl. No. 4301 - EDWARD AND VIRGINIA THORP. Application based upon the January 3, 1995 Notice of Disapproval issued by the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to reduce lot area and width (frontage) of two existing nonconforming lots, each with an improved dwelling, due to a proposed: lot line change. .Location Of property: 80 South Lane and 120 South ]~ne (a/k/a Oak Ct.), East Marion, NY; Gardiners Bay Estates' Map, Lots 3 and 4; County Tax Map Parcels No. 1000~37-6~3.1 and 2.1. William D. Moore, at~torney, appeared and spoke in behalf of the appHca~t~ EdWard.~ Thorp, Who also was present. After tesilmony,' the hearing'ended, and a deter~ mlnation of conditionaI approval was rendered .later during the meeting. (See separate resolution, infra.) 8:12 p.m. Appl. No. 4202 ~ BARBARA DOW. Application based upon the January 10, 1995 Notice of Disapproval ~ issued by the Building Inspector under 'Atticle XXVIII, Section 100-280B and ~New York Town Law, Section 280-A for approval of access to premises known as 725 Private. Read '#4, shown as County Tax Map ParCel No. 1000'17-3:11, Orient, NY, Tax,Map Parcel No. 1000-I7-2-6, and over a off the ~orth ~side o~f State Route 25 .(Main ~Richavd. DePetris~ attorney,~ appeared and spoke in behalf of the application'. Also appearing and.' ~pe~kihg :was Roderick VanTuyl, Licensed Land Surveyor. After tesilmony the hearing ended, and a con~tisnal rendered later during the mee~g Page 6,~..Minutes Regular Meeting - March 1, 1995 Southold Town Board of Appeals II. RESOLUTIONS: A. Pending Application of Mr. and Mrs. James O'Keefe for a Bed and Breakfast permit. The Board awaits: a clear parking plan (to be submitted soon). B. SEQRA RESOLUTIONS: Applicat on of Petrol Stations Ltd. and Application of Barbara Dow: MOTION was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to' declare Lead Agency status, designate the following projects to be "Unlisted Actions" under SEQRA, and issue Negative Declarations. this Resolution was duly adopted (5-0). c. DELIBERATIONS/DECISIONS: The Board Members deliberated, andthe following actions were taken (please see originals filed with the Town Clerk's Office and copies attached as though fully set forth below): III. Appl. No. 4302 - Barbara Dow. - Approval with Conditions. Appl. No. 4301 - E. and V. Thorp. Approval with Conditions. AppI. No. 4299 - Robert S.. Hughes - Approval with Conditions. AppI. No. 4298 - Petrol Stations Ltd. - Approval with Condition. MISCELLANEOUS: A. The next Regular Meeting of the Board and public hearings were confirmed by the Board Members for Wednesday, April 5, 1995. B. The next Code Review Committee session of the Town Board will meet on 2/28/95 at 7:30 p.m. to discussed Authority of Special Exception and Site Plan reviews. C. TDR Committee of the Town Board will meet on March 8, 1995 at 8 p.m. D. Memo from Supervisor Thomas Wickham regarding "buildable lots." Supervisor VVickham asked for comments on vacant land C.O.s and possible recommendations on the present proceed to confirm lots through ZBA. The Board Members indicated that such a process should be simple and be submitted with a $150 filing fee for the extensive work involved in these type of reviews. ' IV. PENDING LITIGATION: A. Goodale v. ZBA - Used-Car Dealership at Mattituck. Member Villa asked for the status of this litigated matter from the Town Attorney's Office. B. Zahra v. Town of Southold The Board members briefly discussed the 35-page Court determination (in favor of the Town and ZBA). Page 7 -.~Minutes Regular Meeting - March 1, 1995 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Cases Attached: (4). Linda Kowalski Clerk, Board of Appeals Attachment to Minutes Regular,.Meeting - March 1, 1995 Southold~Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: March 1, 1995 APPL. #4301. APPLICANT: EDWARD A. and VIRGINIA THORP LOCATION OF PROPERTY: 80 South Lane, East Marion, NY COUNTY TAX DISTRICT 1000, SECT. 37, BLOCK 6, LOTS 3.1 & 2.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on January 3~ 1995. "Proposed alterations of p~emises (lot llne change) lots will not COnform to requiremenis of Bulk & Parking Schedule." PROVISIONS APPEALED FROM: Article IIIA~ Section 100-30A,3. RELIEF REQUESTED: 1. Reduction of lot width for westerly parcel (now 3.1) from 47.44 feet to 17.44 feet; 2. Reduction in are~ by 2625 sq. ft., which total reduction is from approximately 16,650' sq. ft. to 14,025 sq. ft. of lot 3.1 (westerly parcel-also referred to as Lot 4 on. the Map of Gardlnere Bay Estates). MOTION MADE BY: James Dinizio, Jr., Member SECONDED BY: Robert A. Villa, Member ACTION/RESOLUTION ADOPTED: Granted 1. Lot width reduction for westerly parcel~ now 3.1~ to 17.44 wide for a depth of approximately 80 feet~ increasing lot width of easterly parcel~ now 2.1~ from. 28.46 to 58+- feet; and 2. Lot area-size reduction Of ~,ot n{ore than 2625 sq. ft. from the westerly lot 3.1, to increase the lot area-size of the easterly lot, 2.1, with the following CONDITION; There be no reduction of b,~i}ding setback or future adct~;tions on .the easterly lot B~ now 2.1, that wouid 'restrict access tO .the back yard~ and maintaining sUfficient 10 .ft. wide: opening in.yard area at .the southwest corner of the house to the closest property' llne for access, by eme]~geney-fire truCkS. REASONS/FINDINGS: Smaller lot to the east (2.1 or "B") will be increased in size which lessens the nonconforming lot area. Substantially increases westerly side yard of existing house on I, ot B, {also referred to as Lot 3 on the Map of Gardiners Bay Estates.) Owner has confirmed there will not be a relocation of the house on Lot B near ithe' top of bank at Gardlners Bay. No adverse affect will be created on the westerly lot and remaining yard areas are sufficient to allow for future con.~truction. ~ VOTE OF THE BOARD.: This resolution AYes: S~rge g. Doyen, Member james' Dinizi0, Jr., Member Villa, Member Member Chmi~man-Member Attachment to Minutes Regular Meeting- March 1, 1995 Southold,.'rown Board of Appeals ACTION OF TIlE BOARD OF APPEALS 1. This is An Application for to the provisions of New York allows variance relief from the improvements' over a private right-of-way. Appl. No. 4302. Upon Application of BARBARA DOW. Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII, SectiOn 100-280B .and New York Town Law, Section 28Q-~ ~or approval of access to prerni.~es known as 725 Private Road' #4, show~ as County Tax Map Parcel No. 1000'17-3-11, Orient, NY, County Tax MaP Parcel .No. 1000-17-2-6, and , over a private right~of-way extending off the ~north side of 's~ate RoUte 25' '(M~in ROad.) . WHEREAS, a public .hearing` was~held on March ~1, 1995, at which time Al! who desired to be heard were'~heard and their testimony recorded; WHEREAS, the Board has carefully considered aH testimony And doc,,mentation submitted concerolng this application; WHEREAS, the Board Membersi! have pe~onally vi.eWe~ni~d. are familiar with the premises in question, its present zo o, and the surrounding areas; and WHEREAS, the Board' made the following findings of fact: pUl~u~nt .Section 280A, which for road' Others. The .' r in question is located at~ Orient and is on ~ by Roderick barbara Dow snd is .The Of Silverstone, ~and westeriy right-of-way 150 .~ Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 right-of-way which i.~ over land owned by George Rowsom (17-9.-7.1) and presently traveled, in.~tead of the 50-ft. ROW show on the October 18, 1994 survey map. 3. The lot to which access is requested is presently improved with a single-family dwelling built in 1972 under Building Permit No. 5705. This application, however, does not reflect a formal request for access to any other lots in thi.~ vicinity, and *thi.~ determination is limited to approved access for this lot and not.. to other lots claiming access over any portion of the right-of.way. Further application for a variance from the improvement standards as provided by .Town Law, Section 280-A, nmy also be required for the remaining lots along this right-of-way - by separate application and ff necessary further improvements and upgrading as may be appropriate at that future date. 3. The condition of the right-of-way base for the first 437+- feet is excellent (blacktop macadam). The remaining portions of the right-of-way need some improvement, including the filling of potholes with 3]4n stone blend, re. grading and leveling, and clearance 15-ft. wide and .14 ft. minimum height for fire trucks. It is alsO necessax~r to add 3/4-inch blue stone to a depth ot~ not less than two inches to a width of 12 feet within the right~of~-way easement area up. to the parcel owned by Rowsom (7.1). The alternative easement area, presently traveled, and owned by Rowsom as well as the remaining ri~...ht-of-way area over land owned by! Dow, shall be improved w~th 2" of stone blend, regraded, to a 10 ft. width, and clear,ute of overgrowth to 15 feet in width. 4. It is noted for the record that the applicant has furni.~hed proof of an easement and right-of-way by deed from Stern to Dow recorded st Liber 730 page 234 dated April I0, 1970. ne___~_ _giant ~r ~ne ..v.ar2auce, with eonditions, is the minimum heist to ~e gene~ pop~Uon of ~e to~, o~ ~te~aUve w~eh my OUtwe~ the benefit ~ the appH~t; (c) the grant of the varlauce, with undesirable change in the (d) the civcum.~tanees sl~ow ~ not have di~-ect frontage however, the private Road maintained by the State of (e) in : issuance of per, nitS and will not create an or nearby properties; preperty does Or h~hway, access frem the Main ; the of. occupancy to .~ Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 assure safe and sufficient access by trucks and other fire vehicles as well as access by other vehicles; (f) the variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district. Accordingly, on motion by Chalrnmn Goehringer, seconded by Member"Dinizio, it was RESOLVED, to GRANT the Variance requested under New York Town Law, Section 280-A, pertaining'to improvements upon the above-described private right,of-way, which provides unobstructed access to the premises identified as 1000-17-2-6 owned by the applicant Barbara Dow, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire length of the right-of-way be m~intalned at a cleared width ~of 15 feet and cleared height of at least 14 feet; 2. That the entire length of the right-of-way be continu- ously maintained in good condition at aH times; 3. That areas of the right-Of~-way which are not blacktopped/macadam be improved with. the placement of two inches of 3/4-inch stone, blendf-and regraded to a width of 12 feet, except that the right-of-way over land now or Rowsom (1000-17-2-7.1) may be reduced to. a width of 10 feet with two inches of: 3/4 .inch stone blend, regraded,~nd 1cycled; 4. That all potholes be filled with 3/4 inch stone ble~d, and continuous maintenance should there be ROW depressions that occur in the future. 5. That within 90 days hereof, the owner shall confirm a written easement between the applicant, and aH subsequent owners, to a right over an alternative right-of-way over and upon lands identified as 1000-17-2-.7.1,. now of Rowsom, and a copy of said executed easement agreement shall be furni.ghed to the Board of Appeals for pertinent recordkeeping purposes; 6. That ~ the event the written easement over that Rowsom as agreed, to the Bear~ of relevant to the easement agreement of record; and is not able to obtain a owned by George will be required to reapply review and conditions Rowsom, or other 7. That aH ROW i shaH be located as distant as possible, and not be t° th~ Wold cemetery ~rounds" Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 (Lot 4) which is west of the Rowsom (7.1) parcel. Vote of the Beard: Ayes: Messrs. Doyen, Goehringer, DJni~.io, Villn, and Tortora. Thi.~ resolution was duly adopted. Attachment to Minutes Regul~Meeting -March 1, 1995 Southol~l Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4299: Matter of the Application of ROBERT S. HUGHES. This application is based upon the J~nuary 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinanee~ Article III, Section 100-33 for permission to relocate existing garage as an accessory bui]dlng in an area other than the req,,ired rear yard. Property ID: 1025 Private Road #6, Orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. WHEREAS, after due notice, a public hearing was held on March 1, 1995, and at said hearing all those who desired to be heard were hoard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony find documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is sn appeal of the January 23, 1995 Notice of Disappreval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the relocation of an existing garage, which is presently attached to the dwelling, and place the same in the southeriy front yard area at 35 feet from the westerly property llne and more than 200 feet from the southerly most (front) property llne. 2. The premises in question is located in the R-80 Residential Zone District and contains a total area of 2.588 acres. The survey map amended Jnnuary 31, 1995 by Roderick VanTuyl, P.C. and submitted with thi-g application shows this parcel to be improved with an one-story, single-fAmily dwelling structure built .about 1962, attached garage and two porches. The garage area attached to the dWe1Hn~ is shown to be presently set back 32'4" from the westerly side property llne. Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 3. The subject garage is 24 ft. by 24 ft. in size and does not exceed the 18 ft. height limitations. The garage will continue to be used for garage and storage purposes accessory and incidental to the owner's residence. The zoning code does not permit accessory buildings to be used or operated for business or similar gainful purposes, such as rental for non-owner storage, habitable area, or as a separate principal use. 4. It is the position of the Board in considering this application that: (a) the circumgtances are uniquely related to the property -- the property technically has two front yard areas: to the south and cast of the dwelling due to the location of a right-of-way which is used for access to properties located further north of the applicant's property. (b) the relief requested is not unoeason~ble when considering the character of the neighborhood and the location of other buildings. (c) it is not uncommon for an owner to request a garage to be located accessory to the residence and at a reasonable distance from a driveway area or right-of-way; (d) the relief requested is not substantial in relation to the requirements the garage is located at grcater setback.~ than is normally required for accessory buildings on thi.~ size of property; (e) the variance requested does not involve any increase of dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other itemg; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or 'order of the town, or be adverse to neighboring properties, and the benefit to the applicant is greater when weighed againgt the health, safety, and welfare of the comnlunity; (h) in con.~idering all the above factors, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Member Tortora, seconded by Appeal No. 4299 Ap-plication of ROBERT W. }IUGliES Decision Rendered March 1, I995 Chairman Goehringer, it was RESOLVED, to GRANT a Variance for the location of. the exis*ing accessory~ garage, when detached, in the requested front yard area as described in the above findings, SUBJECT TO THE FOLLOWING CONDI:TIONS: 1. That the subject garage shall be subject to the current and future laws pert~inin.g to limitations on the use thereof as an accessory building; there be not be a conversion or modification from storage/garage use to sleeping or living quarters (or other prohibited use as governed by the provisions of the' zoning code.) 2. Plumbing utilities shall be permitted for outside shower facility ( facih~ties); 3. There be no inside bathroom,-shower or bath; 4. Electric utilities shall be permitted; Vote of the Beard: Ayes: Messrs. Tortora, Goehringer, Villa, Dinizio and Doyen. This resolution was unanimously adopted. Attachment to Minutes Regulal~Meeting- March 1, 1995 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4298-SE. Application of PETROL STATIONS LTD. Request for Special Exception under Article'"' VII, Section 100-7lB for approval of office use(s) in thl.q Residential_Office (RO) Zone District, in conjunction with the existing single-family dwelling lulit, at premises known as 25235 Main Road, Cut~hOgUe, NY; coUn{~ Ta~ Map Parcel No. 1000-109-1-23. Subject premises consists of a total of six acres, which is located partly in the Residential-Office (RO) Zone District and partly in 'the R-40 LoW-Den.qity Residential Zone District. WHEREAS, a public hearing was held on March 1, ]995, at which time person.q who desired to be heard were heard and their testimony recorded; and WHEREAS, the Beard has carefully considered ail testimony and documentation submitted concerning thi.~ application.; and WHEREAS, the Board members have personally viewed and are famili~,~ with the premi.~es in question, its present zoning, and the surrounding areas; and WHEREAS, the Beard made the following findings of fact: 1. By this application, applicant is requesting a Special Exception for use of 780 sq. ft. floor area on the first floor of the existing principal building for a real estate management office ~ conjunction with the existing single-family residential use which occupies 993+- sq. ft. of the entire building: 510 sq. ft. on the first floor ineiuding the kitchen area and 483 sq. ft. on the second floor. No other project for expansion or additional floor area h~s been filed with the Town at thi.~ time. The two-story bnildii~g which exists was built prior to 1957 and was used continuously as a single-fam,qy dwelling since prior to 1957 and up until about 1989 while it was in different owners over these years. Later, in January of 1989 the zoning of thin "B-1 Bus-'' " " -- - ~' l~_.rcel was changed from mess to RO Re -dential- - - . ~ , Office. T~e sub ect real es management' office was add~ ........... - ] tate ~, ~x~unu this ume without the required Special Exc~eption approval.. Home office use is normally a permitted accessory tise by the resident of a single-family dwelling, however, a Appeal No. 4298 AppliCation of PETROL STATIONS, LTD. Decision Rendered March 1, 1995 real estate office has not been designated as a permitted accessory use as provided by the Code (p. 10028-10029). 2. The setbacks of this principal building are shown on the site plan map prepared by Samuels & Steels~n, Architects, dated February 8, 1995, to be as follows: (a) front yard at variables of 23 feet and 32 feet; (b) easterly side yard at nine feet, (c) westerly side yard at 92 feet. Also existing at the premises is shown is a building located in the rear yard which is occupied as a professional architect's office (converted from an antique-storage building). AIsc exis~g is a one-ear garage of 285 sq. ft. along the northerly zone district line and a 120 sq. ft. storage shed, all in the rear yard area. 3. The subject site plan ~map (revised' 2/8[95) has been submitted showing a treed landscape at a pOint 35+- feet from the front property line, as well as a 23 or .24 ft area along property line, which shields the from the west. Also on the designated to be in an area garage, in the rear yard area, from view area is one-car ~hen applicant first applied to the Board under a su - 'cant has ' ed, as part of this ap~pncauon~, Appli agre '- - ..... ~[~nc~e~ with office use by the owner and remdent, ana arcmme~s · other use is added, the office in the rear (per Principal code requires au s~ acres ~vln'ch is use). At the present ' . ending at this time which more than adequate,· how~ev~r, a; P must provide sufficient land:area 4. Additionally, (a) in the event of a finnHzation of the pending, or other type of subdivision of this property, there shall be a minimum land area applied for the requested real estate management office in conjunction with the residence, by the owner without or separate tenancy or use occupancy, shall be 40,000 sq. sq. ft. for the use and occupancy of the rear buBding as office, for a total of 80,000 sq. ft. (b) this Board finds that the r~quest for Office use in conjunction with the residence of ~(he iowner is When Sufficient laud area~ is eonHnued~; and .~ (c) the master Changed the zoning of the - Resi~ential~Office ( RO)"; on from ,,~ Appeal No. 4298 Application of PETROL STATIONS~ LTD. Decision Rendered March 1, 1995 (d) there has been no substantial change in the dimensions of the property or size of the buildings since immediately prior to January 1989 which may have effected the circumstances of the present lot area or this application; (e) the surrounding area consists of the following: (1) to the west, residences; (2) to the south is the Main State Highway; (3) to the cast, now or formerly residential; (4) to the north, vacant land located in the R-40 Low-Density Zone District. 5. In considering this application, the Board also ffmds and determines: A. That the use is appropriate for thi.~ zone district and will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use dl.gtricts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses m adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use is listed as an authorized Special Exception under Chapter 100 (Zoning) of the Town of Southold as enacted in January 1989 and this use as a real estate management office will be in harmony with and promote the general purposes and intent thereof; E. That the use will be compatible with its surroundings, with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the access to the building in which the office use is hereby authorized is accessible for fire and police protection. G. The Board has also considered subsections A through P of Article XII, Section 100-264 of the Zoning Code. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, that perml.gsion is hereby GRANTED for the addition of a real estate manngement office for use by the resident of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITION: .,~ Appeal No. 4298 Application of PETROL STATIONS ~ LTD. Decision Rendered March 1, 1995 Any expan.~ion, now. or in the future, witl require compliance with the land area minimum requirements designated by the Zoning Code (Bulk Schedule), i.e. 40,000 square ft. of land area per use occupancy or tenancy. Vote of the Board: Ayes: Messrs. Diuizio, Villa, Doyen, Tortora, and Goehringe~?. This resolution was duly adopted.