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Home My WebLink AboutZBA-09/19/1996APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. 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~:t8D9 MINUTES REGULAR MEETING THURSDAY~ SEPTEMBER 19, 1996 I.- 7:15 p.m. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town liatl, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 19~ 1996: Present were Gerard P. Goehringer, Chairman Serge J. Doyen, Jr., Member James Dinizio, Jr.., Member Robert A. Villa, Member Lydia A. Tortora, Member Linde Kowalski, Secretary to ZBA Also present were approximately 65 persons in the audience at the start of the meeting. Il. RESOLUTION TO REOPEN. Appl. No. 4401 - DAVID DeFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval un'er Article VIII, Section 100-81A, issued on the [ollowing grounds: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY; County Parcel #1000-45-3-2. Size: 5+- acres. Motion was made by Gerard P. Goehringer, seconded by L. Tortora. 'and duly carried, to reopen the hearing under Appl. #4401 of DAVID DeFRIEST for the purpose of receiving additional information regarding the occupancy and use o£ the site for all time periods, and 'other information relative to this application. Vote of the Board: Ayes: All. This resolution was unanimously adopted (5-(3). iii. ENVIRONMENTAL DECLARATIONS: Type II Actions: all of the hearings tonight which are directly related to residential use. accessory usa.q, accessory structures, setbacks, lot coverage, and similar regulations pertaining to buildings, structures, and use of residential Page 2 - Minutes & Resolutions Reg~tlar Meeting of September 19, 1996 Southold Town Board of Appeals propertieS. No further procedures are required under the State Environmental Quality Review Act for Type II Projects. Motion was made by L. Tortora, seconded by S. Doyen, the Board confirmed Type II Actions on each of the new applications advertised and held to~fight for public hearings. Ayes: All (5-0). This resolution was unanimously adopted. IV. DELIBERATIONS/DECISION/OTHER (holdovers from August 21, 1996): A~peal #4406 ACTION OF THE BOARD OF APPEALS APPLICANT: BARBARA ADAMS SUBJECT PROPERTY: 8100 Indian Neck Lane, Peconic. 1000-86-7-9. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated July 18, 1996: "...Accessory buildings and uses shall be located in the required rear yard; Article III, Section 100-33 .... " RELIEF REQUESTED: To locate an existing "as built" accessory shed of a size approximately 10 ft. by 14 ft. in a side area (instead of the required rear yard or required front yard on this waterfront parcel. ) The setbacks as exist are approximately 24 feet from the northerly property line and approximately 30 feet from the closest front property line (along Indian Neck Road). MOTION MADE BY: J. Dinizio, Jr. SECONDED BY: S. Doyen. ACTION/RESOLUTION ADOPTED: Granted "as built", with electric utilities. (Note: Applicant will be returning for final reviews and obtain other required approvals (i.e. Building Permit and Certificate of Occupancy) from the Building Inspector's Office.) REASONS/FINDINGS: This is an area variance request base~ upon the dimensional configuration of the property. The Board finds that location of tiffs shed is not unreasonable for the following reasons: a) the front yard area is limited in size and although the code may provide for location of a shed in a front yard area for waterfront parcels, it must also meet a principal setback; b) when locating the shed at a required front yard principal setback, the shed is placed on this site in the "side yard", necessitating this application; c) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - there is suitable screening, the building is not substantial in size, and its purpose is to store items in an enclosed building area, which in itself is desirable ~nd necessary as an accessory to the applicant's residence on this site; d) to locate the shed in any other area would not be more beneficial; e) although the difficulty was self-cre~ted, it does not preclude the gTanting of the area variance; f) this is the minimum variance necessary under the circumstances, and the health, safety and welfare of the community will Page 3 - Minutes & Resolutious Regular Meeting of September t9, 1996 Sonthold Town Board of Appeals not be adversely affected by its location near the required distance for if allowed in the established front setback; g) due to the angle of ~he site and the easterly area, the yard areas are shifted from what may be rear yard for other parcels similar in size and shape throughout the towTl. VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Vill~, Tortora, Goehringer. This resointion was unanimously adopted 5-0. PUBLIC HEARINGS commenced~ as follow: 7;.20 p.m. Appt. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Tiffs hearing was continued, and after further testimony and discussion (see transcript of hearing prepared under separate cover for actual verbatim statements). At the end of discussions, motion was made by Member Tortora, seconded by the Chairman, to declare the hearing closed /concluded), pending deliberations at a later time (when time permits either tonight or at the next public meeting). Vote of the Board: Ayes: All. PUBLIC HEARINGS, continued: 7:32 - 7:52 p.m. Appi. No. 4407 HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal #4370 rendered 4/3/96 which was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to' be rebuilt maintaining, the same nonconforming front, side and rear yard setbacks. Location of'Property: 3105 Oaklawn Avenue, Sou/hold, NY; County Parcel iD #1000-70-6-8. A public hearing was held (tape recorded; see written transcript of ail statements and discussions during the hearing prepared separately from the Minntes of Actions, or tape recordings are available to listen to, alternatively). At the end. motion was made by G. Goehringer, seconded by R.. V[lta, to recess and continue the hearing on Octo- bec i7, 1996, the next Regular Meeting of the board. Ayes: Alt. 7:52 - 8:10 p.m. Appl. No. 4402 - BARBARA p. KELLY. Continuation of hearing ['rom last meeting regarding applicant's request for a Waiver under Sect/on ]00-26, based upon the Building Inspector's July 8, ~996 Notice of Disapproval which action indicates that according to Article II, Section I00-25A, that Lot #1000-104-2-28 and Lot ~1000-~04-4-29, have been held in common ownership since July i, 1983, and were created between April 9. 1957 and December !. !971. Street Address: Bay Avenue (Skunk P~ge 4 - Minnies & Resolutions Regular Meeting of September 19, 1996 Soutbold Town Board of Appeals Lane), Cutchogue, NY. At the end of the hearing, motion was made by G. Goehmnger, seconded by J. Di~zio, and duly carried (5-0~. to close the hearing Pending deliberations and oecis±on at a later time. This resolution was adopted. III. PUBLIC HEARINGS continued, as follow-: ,S:10 8:25 p.m. Appl. No. 4415 THOMAS BALL. Based upon an Augus~ 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIII, Section 100-239.:4B ~o loca~e a deck addition within 75 feet of bulkhead, at 1890 (w/s) A~shamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred, to as Lot 4 on the "Map of Beixedon Estates," Block 7, filed 1946 with the Suffolk County Clerk. This parcel contains a nonconforufing lot area of 21,071 sci. ft. and has a nonconforming setback from the new bulkhead, as exists. During the hearing, the following action was taken: Appl. #4415 ACTION OF THE BOARD OF APPEALS APPLICANT: THOMAS BALL LOCATION OF PROPERTY: 1890 Arshamomaque Avenue, Southold. COUNTY TAX MAP DIS~fRICT 1000, SECTION 66, BLOCK 2, LOT 46. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 21~ 1996; proposed open deck construction will ~ave insufficient bulkhead setback-" pFiOVISIONS APPEALED FROM: Article XXIII,. Section 100-239.4B. RELI]]F REQUESTED: Open deck addition of approximately 1200 sr. extending 15 feet from the rear of existing dwelling, with a proposed setback of 45 feet between the actual bulkhead and the closest point of the deck (plus 30 sq. ft. of step area additiOl~lly if needed}. Both sides of the deck are proposed to remain in line with the ~stahlished setback lines of the dwelling at the west and easterly points. MOTION MADE BY: J- Dinizio SECONDED BY: S. Doyen ACTION/RESOLUTION ADOPTED: Granted as applied and with the condition that: (1) there b~ no enclosure or roof; (2) the deck not extend beyond the establish~lines, of the dwellin~ at the west and easl yards, as proposed. REASONS/FINDINGS: 1. Due to the dimensions and unusual configuration of the property, the difficulties are directly related to the land; 2. the lot size of 21,07~ sr. is substandard, and applicant has confirmed lot coverage is not over the maximum 20% allowed by code; 3. applicant confirms no other bui]dings or structures are proposed, and applicant does not intend to enclose or roof the deck addition. Page 5 - Minutes & Resolutions R.e~oalla. r Meeting of September 19, 1996 Southold Town Board of Appeals VOTE OF THE BOARD: Ayes: Doyen, Dinizio, Goehringer. Nay: R. Villa, who feels the relief is not the minimum. (L. Tortora abstained - needed more time to discuss and evaluate.) This resolution was duly adopted (3-1). 8:25 p.m. Appl. No. 4411 Swim-King Pools, Inc. for JONATHAN and MARGARET STERN. Based upon a June 19, 1996 Notice of Disapproval, applicant is requesting a variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner tot. Setbacks are eqtabl.ished in a front yard area on non-waterfront parcels only by the Boe~rd of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private road off the north side of the Main Road, and situate along the southerly side of another private right-of-way, Orient, NY; County Tax Map Parcel ~1000-17-2-t.13 (known as Lot 2 and part of 5, Stern's Subdivision Map (10/1/93). APPLI CANT: JONATHAN STERN SUBJECT PROPERTY: 700 Birds Eye Road (private), Orient. 1000-17-2-1.13 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated June 19, 1996: "...Accessory buildings and uses shall be located in the required rear yard; Article III, Section 100-33." R-40 Zone. RELIEF REQUESTED: To locate a proposed accessory swimmingpool structure in a front yard area (two front yards along a private road and another right-of-way to the south) instead of the required rear yard which is east of the existing dwelling. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Lydia Tortora ACT[ON/RESOLUTION ADOPTED: Granted as applied without a deck and located in a requested location 90 feet from the front line (=Birds Eye Road) and at 200-218 ft. from the southerly right-of-way/property line. (Note: Applicant will be returning for final reviews and obtain other required approvals (i.e. Building Permit and Certificate of Occupancy) from the Building Inspector's Office.) REASONS/FINDINGS: This is an area variance request based upon the unusual dimensional configuration of the property. The Board finds that location of this swimmingpool is not unreasonable for the following reasons: a) the front yard area is enormous in relation to the easterly rear yard; b) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - the pool is located 90 feet at its closest point to either front property Hne and 80 feet (or more at the option of the applicant) from the northerly property line, which is no closer than that required for a principal building; c) there will be a fence enclosure and other screening; d) the pool is no~ substantial in size, and its purpose is for use by Page 6 - Minutes & Resolutions R. egula, r Meeting of September 19, 1996 Southold Town Board of Appeals residents and their guests accessory to the main residence; e) to locate the swimmingpool in any other area would not be more beneficial to either the applicants or the surrounding neighbors; f) there is no area available in the rear yard for placement of any buildings or usable structures of this nature because it is so small and almost nonexistent; g) this is the minimum variance necessary' under the circumstances, and the health, safety and welfare of the community will not be adversely affected bY its location; h) due to the location, of the principal building,: the yard areas are unusually established and the required buildable yard areas need to be varied, from what may be rear yard for other-parcels throughout the town similar in size and shape. VpTE OF THE BOARD: Ayes: Doyen, Dinizio, Villa, Tortora, Goehringer- This resolution was unanimously adopted 5-0.. PUBLIC HEARINGS, continued: 8:29 p.m. Appl. No. 4414 DONNA IGLESIAS WEXLER. Based upon an August 21, 1996 Notice of Disapproval issued bv the Building. Inspector, applicant ts requesting variances under the Bulk Area Schedule, Article IliA, Section 100-30A.3 for approval of Lots I and 2, as proposed, each with insufficient lot width to the new division line and in$officient side yard setbacks from existing dwellings. Each lot is propesed to contain a mihimum of 40,000 sq. ft. as required in this 1{-40 Residential Zone District. Location of Property: 8335 Main Road ('Route 25), East Marion, NY; County Parcel ID #1000-31-2-32.1. 8:35 p.m. Apr1. No. 4413 - J. Kevin McLaughlin, Esq. for EVA MULLINS. Based upon the Aug~ast 13, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a waiver under Article It, Section 100-26 for a single parcel with a combined lot area of 31.250+- sr. The basis of the Disapproval is that this land area, identified as 1000-77-3-5, 6 & 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, tn common ownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-15. Location of Subject Property: East Side of Pine Avenue and Westerly side of private right-of-way at Goose Bay Estates, Southold, NY: Zone District: R-40 Residential. At the end of the hearing, the Board took. the following action.: Apl)l. No. 4413 ACTION OF THE BOARD OF APPEALS APPLICANT: EVA MULLINS & ano. LOCATION OF PROPERTY: 380 Pine Ave, Southold. 1000-77-3-5,6,7 (as one, combined)- DATE OF DISAPPROVAL FROM BUILDING INSPECTOR: 8/13/96 per Article ii. Sectiens t00-25, 100-26 ~ + II;\SIS OF MERGER: This lot. contains 31,z50- sq. ft. created under date,q -of ~,23/1949 ~Goose Bay Estates Lots 30-33), of 5/27/47 notarized Page 7 - Minutes & Resolutions Regular Meeting of September 19, 1996 Southold Town Board of Appeals 6/13/49 (Goose Bay Lots 34-37), of 9/7/1946 (Goose Bay Lot 38 and one-half of lot 42). The adjoining lot (1000-77-3-15) is not shown on the Map of Goose Bay Estates as a lot~ however, it was created by deed 11/2/1949 and is still conforming with today's minimum lot area of 40,000 sq. ft. The merger provision in the zoning code as written does not provide for an exception to the law when a rmnconforming lot is held in common ownership with an adjoining tot as of:May 1983, REASONS FOR GRANT OF WAIVER (ref: ZBA hearing and file): 1. Original outside perimeter of combined area was created before 1957 and consists of more than two-thirds of this R-40 zoning requirement. 2. The Tow~ issued separate tax bills for since, and before, 1949, which is prior to the enactment of (11/23/1971) of one-acre zoning. Zoning adopted by Town between the period from 4/23/57 to 11/12/71 permitted lot sizes of 12,500 sq. fi. or larger, and prior to 1957, any size was permitted provided all other agency permits were obtained as deemed appropriate at that time. 4. The lot merger rule was not applied in the Town of Southold until about 1983 (when N~S Court Zoning Rulings and other precedents of New York Law applied to the Southold Town Zoning Code). 5. In 1976 - County established County Parcel numbers from separate deeds - which in turn is shown on the Suffolk County Tax Maps as established prior to. 1981. 6. The subject parcel is ,.more particularly described on the survey map Prepar~cl by Roderiek VanTuyl, P.C.~ dated July 24, 1996. 7. This neighborhood c~nsists of lots similar in size and character. 8. The natural details a:ud character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting any environmental or ~l~d, areas. 9. The grant o~ t~his :~aiver will avoid economic hardship to the owner. 10. This property is sh0~n on the Map of Goose Bay Estates. MOTION MADE BY: L. Tortora SECONDED BY: R. villa ACTION/RESOLUTION ADOPTED: Waiver granted for this 31,250 sq. ft. lot with one the following two options to be firmiized: OPTION 11: Accessory garage shall be relocated and shall not overlap the outside boundary, of this e~tire 31 ~ 250 sq. ft. lot, or OPTION #2: Applicant/owner shah obtain a lot-tine change approval from the Southold Town Planning Board, as discussed and agreed by the appiicant's attorney at the ZBA 9/19/96 hearing. VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio Jr., G. Goehringer, R. Villa, L. Tortora. This resolution was duly adopted. PUBLIC HEARINGS, continued: Page 8 - Minutes & Resolutions R. eg~flar Meeting of September 19, 1996 Southold Town Board of Appeals 8:55 - 9:03 p.m. Appl. No. 4416 - A. Reilly & Sons, Inc. for NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III. Section ]00-33 ~o locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 MiLl Lane near Wolf Pit Lake, Mattituck, NY; Coun~ Parcel ID #1000-.107-4~3. Mr. ReiHy appeared and spoke in behalf of the applicant. ~Please see. written v.r~n.scrip~ of hearing prepared under separate cover, the original of which is filed with the Office of the Town Clerk for reference. ) At the end of the hearing, the following action was taken: ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 19~ 1996 APPL. #4416. APPLICANT: NANCY BUTKUS. LOCATION OF PROPERTY: 3855 Mill Road, Mattituck. COUNTY TAX MAP DISTRICT t000, SECTION 107, BLOCK 4, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 28, 1996. ~-)ROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Proposed swimmingpool in a yard tecl~nicatly defined by the zoning code set back, from the fence enclosure 30 feet, and the pool 35+- feet from the front line along Mill Lane, and not closer than 80+- feet to the' northerly property line (n/f Wolf Pit Associates), Mattituck. The proposed fence enclosed shall be at four ft. height per codes. The size of the requested pool .is 16 ft. by 32 ft. and is to be situated close to the northeasterly corner of the existing dwelling. MOTION MADE BY: G. Goehringer, SEcoNDED BY L. Tortora. ACTION/RESOLUTION ADOPTED: Location of proposed fence enclosure, shown at 30 ft. from Mill Lane, and accessory pool location as show~ on sketch submitted with the application, GRANTED as applied. REASONS/FINDINGS: Requested location is not ~onable since it will be placed in the yard area which would be for many parcels fronting only on one street to be a rear yard. This property has a very small area permitted, and is virtually unusable for accessory buildings or uses of this nature, therefore is not available as an alternative. Any location would require a variance. VOTE OF TIlE BOARD: Ayes: Serge J. Doyen, Member Robert A. ViLla, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. Page 9 - Minutes & Resolutions R. eg~lar Meeting of September 19, 1996 Sonthold Town Board of Appeals PUBLIC HEARINGS, continued: 9:03 9:38 p.m. Appl. No. 4418 - Gary Flanner Olsen, Esq. for FLORENCE PAVLAK. Based upon the August 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July t, 1983 and April 14, 1985, this lot~ identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY. Testimony was received between 9:03 to 9:30 p.m'., and at 9:30 a five minute recess (for a break) was taken after motion was made by-Member Tortora, seconded by Chairman Goehringer, and duly carried. At 9:35, the hearing reconvened, on motion by Member Tortora, s~conded by Ch~airman Goehringer, ahd duly carried, and further discussions continued in the public hearing record. At the end of the hearing, motion was made by 'Chairman Goeh~inger, seconded ~by Member Villa~ to confirm the heaping c0nclu~ted (ended), pending deliberations and a decision a.t a later time. (Please see written transcript' of statements made during the hearing wkich have been prepared under separate cover, the origflml of which has been filed with the Town Clerk for reference. ) PUBLIC ttEARINGS, continued: 9:38 p.m. Appl. No. 4418 - Michael Milligi and North Shore Neon Sign Co. for RAYMOND REALTY CORP. and MICHAEL'S PONTIAC-CADILLAC OLDS. Based upon the June t6, 1996 Notice of Disapproval issued by the Building Inspector, applicant is proposing ~o remove the existing ground sign and in lieu thereof, is requesting a variance under Ar:ticle XX, Sections 100-205D(7) and 100-206-B for the placement .of a new ground sign which will exceed 24 sq. ft. in area, and be internally illuminated. Location of Property: 42155 Route 25 (Main Road). Peconic, NY: County Tax Map Parcel tD =1000-75-1-14. Mr. Milligi and representative from North Shore Neon Sigu Co. appeared in behalf of the application. At the end of the hearing, the following action was taken: Appl. =,14.18 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 9/19/96 APPLICANT: MICHAEL'S PONTIAC-CAD-OLDS (Raymond Realty Corp.) LOCATION OF PROPERTY: 42155 Main Road, Peconic. COUNTY TAX MAP DISTRICT t000, SECTION 75, BLOCK 1, LOT 14 BASIS Ot,' ACTION: June !6. 1996 (Updated 8/28~ Action of Disapproval isstmd by the Building hmpeetor - Article XX. Section 100-205D(7) and Page 10 - Minutes & Resolutions Regular Meeting of September 19, 1996 Southold Town Board of Appeals 100-206B of the Zoning Code as to size in excess of 24 sq. ft. and ilh~mination of new ground sign. MOTION MADE BY: L. Tortora SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: GRANTED limited size, as requested of 48 sq. ft. total, at a height of not more than 20 feet, and the bottom edge to be 13'7" from ground, all as shown on the sketches submitted under' th~s variance application: (a) present oversized ground Sign be removed before placement of this new sign for the reason that only one ground sign is permitted facing the Main Road; (b) hours of illumination shall not be after 9 p.m.; (c) requested wattage is 490 watts; (d) 150 mph: wind load, as confirmed by applicant; (e) setback at approximately 50 feet from the existing showroom building and five feet from the front property tine along Main Road and as accepted by the Building Inspector under the new sign ordinance rule on setbacks. REASONS/FINDINGS: Due to aesthetics of new sign, and similarity in size as ~he existing ground sign, which existing ground sign will be removed entirely. Relief requested is minimal in relation to the requirements and in relation to the size of the subject property, its road frontage, and its open yard areas. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Jnmes Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. PUBLIC HEARINGS, continued: 9:48 - 10:00 p.m. Appl. No. 4412 - Bruce Anderson for ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued bv the Building Inspector, applicant is requesting a variance u'nder Article IIIA, Section ]00-30A.3 (100-244B~ to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport. NY; County Parcel ID #1000-53-3-13. The~ hearing was held, and at the end of the hearing, the following action was takeu. (Please see written transcrip~ of hearing record, the original of which has been filed with the Town Clerk for reference.) APPL. #4412 ACTION OF THE BOARD OF APPEALS APPLICANTS:ROBERT & BARBARA HOLLEY LOCATION OF PROPERTY: 1085 Bay Shore Road, Greenport. COUNTY TAX MAP DISTRICT 1000, SECT%ON 53, BLOCK 3, LOT 13. BASIS ()F APPEAL: Notice of Disapproval issued by the Building tnspector dated 7/24/96. Insufficient front yard as per Article iliA, Page 11 - Minutes & Resolutions Regular Meeting of September 19, 1996 Southold Town Board of Appeals Section 100-30A.3 (also ref. Nonconforming setbacks provision of code at 100-244). This lot contains two front yards, and is considered a corner substandard lot in this R-40 Residential Zone. PROVISIONS APPEALED FROM: Article XXIV, Sections 100-244. RELIEF REQUESTED: Twenty-seven (27) ft. setback at its closest point and 29 ft. setback at the opposite corner of a proposed 8' x 22' addition and 8' x 12' deck extension, all as shown on Map amended Jan. 17, 1996 prepared by Roderick ~VanTuyl, P.C. (Note: No other grounds for disapproval by the Building Inspector were noted and therefore no other areas of construction or provisions of law are considered by this application as written and' submitted. ) REAsoNS/FINDINGS: Official Town records show that a front yard interpretation Of yards ~ronting private rights-of-way have continued with this in[erpretati0~i for 'mOre than 25 years, which designates some lots to be corner lots, and others W~th one front yard (when they are fronting along a private righi-bf:way With or Without frontage along another road). The Board of Appeals has recognized the need for relief when a private right-of-way is shown on a map, having considered, many different scenarios - depending on the neighborhood and configuration of 'the lots. This Parce! is improved With a one-story frame .houSe and is presently set back 35 feet from the most e~isteriy right-of-Way frontage: (The subject right-o.f,~way: is not open or improvbd, j Due to the sh,4pe of this lot ~nd frontages ai0ng Pipes Cre6k, ]~y Shore Road and a pri~ate right-of-way, the building area is limited on thi.~ 11,200+- sq. ft. parcel. 'Motion was offered by Membet~ DiniziO as follows. MOTION MADE BY: J. Dinizio Jr. SECONDED BY: G. P. Goehringer ACTiON/RESOLUTION ADOPTED: Approved front yard setback from the private right-of-way, as applied and described above (also shov,~n on the survey amended Jan. 17~ 1996 by Roderick VanTuyl, P.C.). VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio 3r, Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was nnanimonsly adopted (5-0). PUBLIC HEARINGS, continued: 10:00 - 10:t3 p.m. Appl. No. 4419- WILLIAM A. HANDS, JR. Based upon a Notice of Disapproval issued by the Building lnspeczor dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXItI, Section 100-239.4B, variances fop reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver under Article II, Section 100-26 for this lot consisting of 22.500+- s£. as created by deeds subdivision and 1983 deed. Location o£ t)p~per~y: .9f;0 Willow- Terrace Lane, Orient. NY, also known as Lot *2 on Page 12 - Minutes & Resolutions Regular Meeting of September 19, 1996 Southold Town Board of Appeals the Map of Willow Terrace, Section I; CTM #1000-28-2-21. Following the hearing, board action was taken as fotlows: (Please see verbatim tpanscrip~ of hearing record, the original of which has been filed with the Town Clerk for reference.) APPL. #4419 ACTION OF THE BOARD OF APPEALS APPLICANT: WILLIAM HANDS JR. DATE OF ACTION: SePt. I9,.1996 LOCATION OF PROPERTY: 960 Willow Terrace Lane, Orient. COUNTY TAX RIAP DISTRICT 1000, SECTION 26, BLOCK 2, LOT 21. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 8/29/96. Setback from bulkhead, Section 100-244B~ front yard and total side yards- The lot lines, for this lot require a waiver or other at)proval since the deed creating lot 8/12/83 does not conform to minimum lot requirements in BUlk Schedule AA (different than that shown on "Map of Willow Terrace, Section One'' filed in the Suffolk County Clerk's Office as Map ~5407; ref: Nonconforming size setback provisions at 100-244). RELIEF PROVISIONS: Sections 100-239.4B., 100-24A, 100-267 100-244B. RELIEF REQUESTED: Fifteen ft. from southerly (side) prOperty ]]ne, 15 ft. at northerly (side), 35~ feet from .the fron~, property lin~,i and 75 feet to the highwater mark (closer at apprOx. 57 feet When measured from the bulkhead con,strutted after 1983). Als0 requested is recognition of the lot as deeded of a similar configuration as that shown On Willow Terrace, Section One, Lot #2 which had received a vacant land certificate of occupancy iZ11710 on June 3, 1983. REASONS/FINDINGS: Town subdivision records show that this is known as Lot #2 on the Map of Willow Terrace, except that the deed conveying the premises in August 1983 shows 96.5 ft. frontage and a slight deviation from the angle of the subdivision lot lines. The lot as deeded consists of the same lot area (22,500 sf) as that shown on the filed map. The dimensional configuration of the parcel lends to the difficulties requesied by the variance. The bnlkhead setback will be similar to other dwellings fronting along Orient Harbor in this immediate area, as Will the front yard setbacks for other buildings. The total side yard reduction requested is from 35 feet to 30 feet, for a variance of five feet. Applican[ agrees that there will not be a raised deck between the dwelling and the bulkhead, particularly since alternatively, a ground level patio-deck structure may be authorized by the Trustees (without a further variance). MOTION MADE BY: G. Goehringer SECONDED BY: L. Tortora ACTION/RESOLUTION ADOPTED: Approved with conditions: 1) that only a .ground level patio/deck shall be built instead of raised construction, and 2) one side yard shall remain open and unobstructed at all times for fire and emergency access (no trees, bushes, or permanent construction). Page 13 -Minntes & Resolutions Regular Meeting of September 19, 1996 Southold Town Board of Appeals VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio Jr., R. Villa, L. Tortora, G. Goehringer. This resolution was unanimously adopted (5-0). PUBLIC HEARINGS, continued: p.m. Appl. No. 4420 Philip J. Cardinale, Esq. for LINDA FESSl~N as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver under Article II, Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM #1000-t15-6-1, which has been held in common ownership with another lot, CTM #1000-115-6-2, after Julv 1, 1983. This property is located al_ the corner of the Main Road (~18400) and Cardinal Drive, Mattituck Estates Filed Map, Lot #5, at Mattituck, Town of Southold, CTM ~1000-115-6-1. The next hearing was not held. Attorney Richard J. Cron requested that the APPLICATION BE WITHDRAWN WITHOUT PREJUDICE. Appl. No. 4397 - ALLEN W. OVSIANIK. End of Hearings Calendar. O2 HER, MISCELLANEOUS items listed on Agenda as reminders: A. Committee Sessions for Board Members: 1. Planning & Zoning Committee (none set as of 9/6) 2. Code Review Committee- Sept. 25, 1996 aI 8 p.m. ZBA REGULAR MEETINGS: Request by ZBA Office to change All members from Wednesday each month, to the following day: Thursday. agreed. C. 1996 Meeting Dates confirmed: October 17, 1996 November 14, 1996 December 12, 1996. D. New Appt. #4410 fited 8/31796 - GARY SACKS and ALAN SCItLES[NGER. Request by C. Borelli, Esq. re hold hearing October 17, .1996 instead of Sept. igth. (This matter was no~ advertised for tonight, as requested by applicant, and is carried over until October ~7, 1996). E. Other New Applications filed for October t? calendar, requiring insl)eetiens, and posting of signs. Other newapplications' *' added as ~]lec] in eomptete form on or before September 24th: Page. I,t -Minnte. s & R(~,soh~tioim Regular Meeting of September 19, 1996 Southold Town Board of Appeals 1. Henry Traendly, fence on berm is above 4' height reqnirement in a front yard area at 13220 Main Rd, East Marion. 000-3 1-14-12. 2. Pudge Corp. (Owner), by William Droskoski as Tenant (D & D Cyles). Special Exception application filed requesting approval of marine item display and sales (in conjunction with existing non-marine item repairs as established under C.O. issued 1992). Resolution requesting and awaiting sketch of a map showing display area as per site plea regulations without interference with parking area. or access areas to I)e received by 9/28 for. October 17th hearing, or alternatively by 10/18 ['or Nov. 14th hearing. 3. Others filed on or before 9/24 which are deemed complete. F, MERGER LAW snggestions ~o be discussed for possible fast-tracking. Informal discussions expected for October between staff m~mfi)e, rs for possible changes and/or fast-tracking. This subject was not discussed and was carried over to the October 1, 1996 agenda. G. EXECUTIVE SESSION to be held at the October 1, 1996 meeting due ~.o the lateness of tonight's hearings. To discuss pending Litigation and status update: Mattituek Auto Center v. Town of Southold. Doe. to the lateness of the meeting, the meeting was adjourned and a Special Meeting was scheduled by the Chairman tentatively for Tuesday, (see ()ctober 1, 1996 Minums), at 7:15 p.m. I)ue to the lateness of the meeting, the meeting adjourned at approximately 10:46 p.m. and other business transactions scheduled following the above items, as listed on the agenda, were carried over to a Sp(;cial Mooting (October 1, 1996). Respectfully submitted, As Prepared 10/9/96