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HomeMy WebLinkAboutZBA-11/19/1996 SPECAPPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES SPECIAL MEETING TUESDAY, NOVEMBER 19, ~t996 A Special Meeting of the Southold Town Board of Appeals was held on TUESDAY, NOVEMBER 19, 1996 at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman and Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortom, Member Linda Kowalaki, Board Assistant Absent, as agreed-due to travel: S. Doyen of Fishers Island. I. 6:45 p.m. WORK SESSION. One or more Board Members reviewed and briefly noted documentation in the pending files. No action was taken du~ing thf.q review period. Member Tortom discussed different standards and asked the board get together with the Town Attorney to discuss use variance issues generally and plx)jects involved wet]ands, and if time permits outstanding matters. The Chaqvman determined that he w]ql set 7 p.m. every Tuesday evening duz~ug the week of a calendared ZBA Regular Meeting for Board Members as a g~oup to eousult with the Town Attorney under the attorney-client privileges, and eonfiz~ned the first meeting will be on December 3rd, 1996. The only exception would be the Tuesday that the Town Board meets since the Town Attorney is not avmqable on .that day, The Chairman believed it would be ~bout six times a year (notek it turns out to be ouce for the whole 12-month period based upon the two boards' calendars for 1997, the next TA session to be 1/14/97. Next, Chairman Goehringer asked Board Members for their support in his interest for reappointment, as Chairman for 1997, and hl.q appointment as alternate Chairman (Pro Tem) Member J. Dinlzio. Member I)ini~.io accepted, however, Members Villa and Tortora asked for suggestlon.q for more member discussions and communications involvin~ decision-making, legal and other issues, as a group. The Chairman i~dicated he will keep the present system, which doesn't prevent any member from preparing on his/her own time conveniently, sand to keep it on a case-by-ease basis, except under unusual circum.qtances. Other general di.qcussions coniinued without a specific agreement for any board changes at ~hi~q lime. II. 7:00 p.m. REGULAR SESSION. The Chairman called the meeting order and proceeded with the first item on the agenda, as follow. Page 2 - l~inutes Special MeeHng of November 19, 1996 Southold Town Board of Appeals III. RESOLUTIONS A) Motion was made by Chm~mnan Goehringer, seconded by Member Din~zio, and duly carried, adop~ng a RESOLUTION confi~n{ng the following hearings for December 12, 1996, snd advertising in the local offinla] newspaper Of the Town as designated by the Town Board for 1996: 1. 7:15 p.m. Appl. No. 4438 - GIUSEPPE & LAURIE COMO. This is an application for .a Variance based upon the November 1996 Action of Disapproval by the Building Inspector under Article III, Section 100-33C, in which applicant applied for a buiIdlng permit to locate accessory building, and that yard area has been designated a second front yard. Location of Property: 265 Youngs Avenue, Southold, NY: Parcel ID 91000-61-4-38-2. 2. 7:20 p.m. Appl. ~4439 - l~l~) N' ROUND by THERESA WALKER. (Owner of Property: Anthony Pirrera). This is an application for a Special Exception for occupancy/use of a'rental unit in an exis~ng business center located at 46455 County Road 48, Southold, NY; Parcel 91000-55-2-21, for use as a commercial recreation facility, and uses normally accessory mhd incidental to commercial recreation, as provided by Article X, Section 100-101B(6) of the Zoning Code. B-General Business. 3. 7:25 p.m. Appl. No. 4429 Special Exception application by LILCO. Carryover from 11/14/96. Proposed gas compressor station. 4. 7:25 p.m. Appl. No. 4430 - Variance application by LILCO. Carryover from 11/14/96. Proposed fence height up to 8 ft. from lowest finished ground level. 5. 7:$5 p.m. Appl. No. 4437 - DAVID AND BONNIE PASCO. Special Ezception request to estab]i.~h off, ce use as principal use on first floor of building located in *hi.~ Residential-Office (RO) Zone District. Location of Property: 51100 Main Road, Southold, NY; Parcel ~1000-70-2-7. Certlf' icate of Occupancies confirm exis*ing use of building to be single-fatally with accessory professional office. 6. 7:40 p.m. Appi. No. {4~0 - ADLYN SYVERSON. Vari-nee to build ex~ension to dwelling at 420 Private Road #17, off Camp l~lineola Road, Mattituck, NY; Parcel #1000- 7. 7:45 p.m. Appl. No. 4{~1 - FRED AND RUTH ROSSI. Vari-nce for shed at 165 Brig~/l~ne Drive, Southold, Parce] 91000-79-4-45. 8. 7:50 p.m. Appl. No. ~{{2 - COSTAS and MARY CAVIRIS. Request for waiver under Article II, Section 100-26 concerning a vacant lot identified as 1000-106-2-34, which has been deemed merged in the October 11, 1996 Action of Disapproval by the inspector. The adjoining parcel which is included in the merger Page 3 - Minutes Special Mee~ng of November 19, 1996 Southold Town Board of Appeals determination is identified as a house lot, Parcel #1000-106-2-40. These lots are shown on ~che Map of Captain Kidd F,~tates approved in 1948 by the Southold Town Board. Present Zone District: R-40 Residential. 9. 8: 00 p.m. Appl. No. 44~4 - ROSWITHA AICIIINGER. Variance for gazebo, "as built" in its present location, based upon the November 13, 1996 Action of Disapproval by the Building Inspector, and Article XXIII, Section 100-239.4A(1). Location of Property: 29827 Private Road off the northeriy side of Main Road, Orient, NY; Parcel #1000-14-2-p/o 1.1 (now 1.8). 10. 8:10 p.m. Appl. #4401 - DAVID DEFRIEST, Tenant. (and Mr. and Mrs. Joseph Gnozzo, as Owners. ) The applicant is reques~ng a Variance regarding thelJune 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance, based upon tenant's application to the Building Inspector for a car rental business. The Variance shall atto address the proposed outdoor yard area for showing of vehicles far rent in an area to be designated ,ruder thi.~ use variance, if allowed. The grounds for which the June 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in thin Limited Business (LB) Zone District. 73625 t~ain Road, Greenport, NY; County Parcel No. 1000-45-3-2. 11. 8:30 p.m. Appl. No. 4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of b~lkhead, at 125 Mesrebian Drive, Laurel; 1000-145-4-7. B) Motion was made by Chairman Goehringer, seconded by Member Dini~.io, mhd duly carried, adopting a RESOLUTION confirming 1997 Schedule of Hearings and Reg~la~ Meetings as prepared by T.inda Kowalski. Note: First Regular Meeting and hearings to be January 16th (in.~tead of janttary 9, 1997) commencing at 7:00 p.m., or earlier as may be modified at a later date. At~o, work sessions by individual board members commencing at 6:30 p.m., or as soon thereafter as may be possible for file updates of hearing matters. C) Motion made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, confirming a RESOLUTION under SEQRA, all new application.~ advertised for the November 14, 1996 hearings and the Dedcember 12, 1996 hearings, as relate to a residential use, waiver requests under merger law (100-26), tot size and building setbacks from property lines, building coverage (% of lot), all accessory uses, fence height variance, and similar reg~alations_ D) On motion by Chairman Goehringer, seconded by Member D~ni~o, it was RESOLVED, to confirm LILCO application I{~29 as an Unli.~ted Action Page 4 - l~l{nutes Special Mee~ng of November 19, 1996 Southold Town Board of Appeals and Negative Declaration under SEQRA in its application is for use of a proposed facility-type building (public u*{lity use), and E) IT WAS FURTHER RESOLVED, to eonf'~rm KID N' ROUND application as an Unlisted Action and determ{n~ng Negative Declaration under SE RA, in its application is for a Special Exception for proposed children's Q ........ mn~ in a~ exis*ing Building ~]nlt. Vote of the recreational use Dy new L~I, Board: Ayes: All. Th~s resolution was ummn~mously adopted (4-0). IV. DELIBERATIONS/DETERMINATIONS. as listed belew are continued on the next page: WAIVER: RUTH W. BO~LING and R. WRIGHT. WAIVER: Vineent mhd ~dna Quatroche. WAIVER: Marie Tober. WAIVER: Francis and Christina Doyen. B & B: Norman Whitehead~ BERM: ~. Henry Traendly. DECK: Robert Turner, Page 5 - Minutes and Resolutions Special Meeting of November 19, 1996 Southold Town Board of Appeals Appl. #4435 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 11/14/96 APPLICANTS: RUTH BOEHLING/R. WRIGHT LOCATION OF PROPERTY: 290 Custer Avenue, Southotd COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 8, LOT 31. BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 16, 1996 by the Building Inspector under Section 100-25A for this undersized parcel. FINDINGS OF FACT: Lot size is approximately one-haif acre and was created by Planning Board approval on August 1, 1961, ~eferred to as Lot #8 on the Map of Section One, Fairview Park. The dimensions are 115.94 ft. by 175.0 ft. deep. The adjoining lot (Subdivision Lot #9 is improved with a single-family dwelling, built in 1976 during one-acre zoning.) This lot became merged in 1992 due to a Life Estate. Prior to the Life Estate, the lots were recognized as separate lots in different ownership for 23+ years, and met the zoning requirements at the time of creation (1961 by subdivision approval). REASONS: The neighborhood consists of improved lots similar in size;, the grant of this waiver will not substantially increase the density of the neighborhood (for this particular single lot); a denial of the waiver will cause economic hardship to the owners; the county and town parcel assessment records show this as a separate parcel on a 1961 town-approved Map (Fairview Park); the natural details and character of the contours will not be significantly changed or altered, and there is no need to fill or subslantially alter the laird. MOTION MADE BY: R. Villa SECONDED BY: J. Goehringer ACTION/RESOLUTION ADOPTED: Granted, as applied. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was ~manimously adopted, 4-0. (Member Doyen of Fishers Island was absent, as agreed due to the traveling time and expenses involved. ) Page 6 - Minutes and Resolutions Special Mee~ng of November 19, 1996 Southold Town Board of Appeals Appl. No. 4428 ACTION OF THE BOARD OF APPEALS APPLICANTS: VINCENT AND EDNA QUATROCHE. DATE OF ACTION: 11/19/96 FINDINGS OF FACT: LOCATION OF SUBJECT PARCEL: 1000-33-4-69; 130 Sunse~ Lane, Greenport. ADJOINING PARCEL: 1000-33-4-70 known as 160 Sutton Place and (#) Sunset Lane, Greenpor~, improved with a single-family dwelling and permitted accessory uses. CHARACTER OF IMMEDIATE AREA: Lots which are substandard in size, some larger than the subject parcel and others similar in size. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. PARCEL CREATION DATES: Deeded by Quatroche Family on two different dates, in separate deeds: 1957 and 1968. PARCEL SIZES: 7400+- sf. each and 75 ft. road frontage., 100 ft. lot depth. BASIS OF REQUEST: Action of Disapproval issued by the Building Inspector on a request for a merger determination (application for building permit for a future dwelling) dated SepTember 23, 1996. REASONS FOR DENIAL OF WAIVER: 1- Adequate proof was not submitted to show intent to build a single-family dwelling prior to the enactment of merger law which has been enforced since 1983. 2. Separate assessments and separate tax bill~ for 27+- years, and separate purchase dates (two deeds) are not attributable to zoning laws (instead are for building and land assessment ~nd taxes). 3. Lots are significnntly smaller than the zoning size of 40,000 required in this R-40 Residential area. 4. Nonconforming setbacks would be further reduced if the waiver v~ere granted. Variances would be required to build on the requested lot due to its substantial nonconformities- 5. Common ownership of both lots has existed for 27+- years. MOTION MADE BY R'. Villa SECONDED BY L. Tortora ACTION/RESOLUTION ADOPTED: Denied~ as applied. VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Robert A. Villa Gerard P- Goehringer- (Nay: James Dinizio, Jr. (felt application should be approved)- This resolution was duly adopted (3-1). Member Serge Doyen of Fishers Island was absent, as agreed due to the travel and expenses involved from Fishers Island to Southold. Page 7 - Minutes and Resolutions Special Meeting of November 19, 1996 Southold Town Board of Appeals Appl. No. 4432 ACTION OF THE BOARD OF APPEALS 11/19/96 APPLICANT: MARIE TOBER SUBJECT PARCEL: 100 Wood Lane, Greenport. 1000-43-04-33. ADJOINING PARCEL: 55 Inlet Lane, Greenpor~; 1000-43-4-38. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued October 9, 1996 stating "...Under Article II, Section 100-25A(1) Merger, proposed construction for a dwelling on a non-conforming lot created prior to 1957 that has been held in common ownership with adjaeent non-conforming lots sometime after July 1, 1983 .... " TYPE OF REQUEST: Waiver under Article II, Section 100-26. OTHER INFORMATION: 1. This vacant lot #33 was conveyed with a lot area of 10,500+- sr. to Mr. and Mrs. Kenneth C. Rogers 6/17/64 during 12,500 sf. zoning size requirements. No dwelling was ever constructed and no permits were obtained for this vaeant tot: 2. The adjoining lot #38 consists of a lot area of 14,500+- sf., which in 1967 was conforming under 12,500 sf. minim~lm zoning requirements. A dwell- lng was built in 1968 upon thi.~ lot. 3. Deeds have been furni.~hed~ to show the lots were single and separate up until the date of death of Mr. Tober (see 'reference on Assessor's Property Card of 2/96). REASONS FOR GRANT OF WAIVER: 1. The above facts are hereby reiterated and included. 2. Each has always had single tax bills since lot creation dates. 3. The 12,500 sq. ft. zoning was adopted by Town on 4/23/57 (lot merger theory was not strictly enforced since about 1981/1983 for local zoning matters). 1 4. This neighborhood consists of many lots similar in size. 5. The land wi]l not require a change or alteration in contours or slopes, or substantial filling of land. 6. The increase iu density by this lot waiver is for "one house~ since one of the properties has already been improved with single-family dwelling construction. 7. Most lots in this development have been built upon. 8. The grant of this waiver does not set a precedent for other vacant lots due the unique circumstances of this particular case hi.~tory. MOTION MADE BY G. Goehringer SECONDED BY J. Dini~.io. ACTION/RESOLUTION ADOPTED: Waiver .g-ranted as applied (each for County Tax Lots 33 and 38 pursuant to deeds creating the same). VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Gerard P. Goehringer, Page 8- Appl. No. 4432 Waiver Request - Marie Tober Decision Rendered November 19, 1996 James Dinizio, Jr. Nay: Member Villa {due to the small size of the lots (under 20,000 sf.) and that it is his opinion it is not in character with all of the tots in the area.) This resolution was duly adopted (3-1). Appl. #4433 ACTION OF THE BOARD OF APPEALS Nov. 19, 1996 APPLICANTS: FRANCIS & CHRISTINA DOYEN LOCATION OF PROPERTY: Hedge St. Fishers Island COUNTY TAX MAP DISTRICT 1000, SECTION 10, BLOCK 7, LOT 26, referred to as New York State land, which adjoins the Doyens' Lot 17 (now merged as one forming a new lot number 26.1). BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 9, 1996 by the Building Inspector under Section 100-25A for. this undersized sTate-owned parcel of land. FINDINGS OF FACT: This tract of land is improved with a single-family dwelling and has been owned for many years by the State of New York. There is public water available to both lots This .land, many years prior to 1957, was filled by the State. T~e appliCant's la'ad, along wtzich the State lot adjoins, is also improved with a single-family dwelling. Both dwellings are evidenced by a written Pre-Certificate of Occupancy issued by the Building Department under No. Zl1240Z dated October 6, 1982. The merger of the ~wo lots was formed when the State of New York conveyed by Letters Patent ownership to the immediately adjoining landowners, Francis and Christina Doyen, the applicants herein. The State would not convey in any- other names and therefore a merger could not be avoided~ The lots were always held in separate ownership continuously prior to the Letters Patent dated April 2, 1996. The owners have offered written easements, in perpetuity, to the waterfront lot over the landward lot (formerly 17, now 26.1) owned at this time by the applicants herein, for sufficient fire access, arid for maintenance and use of the sanitary system. REASONS: The dwelling which exists on the existing waterfront parcel cannot continue to be landlocked, and as part of this Waiver, approval is conditioned u~pon writien easements in perpetuity, recordable in the County Clerk's Office, for proper fire access and maintenance of the sanitary system. The neighborhood to the north consists of improved lots similar in size; the grant of this waiver will not increase the density of the neighborhood since each is already improved with s single-family dwelling; a denial of this waiver would cause economic hardship to the owners; the county and town records show these two tracts in existence and in separate ownership prior to 1996; the natural details, character, and contours will not be significantly changed or altered, and there is no need to fill or substantially alter the land. The Town has issued Certificate of Occupancy No. Z-t1240 confirming occupancy of each of the two subject dwe]Hngs. Page 9 - Appl. No. 4433 Waiver Request: Francis & Christina Doyen Decision Reudered November 19, ]996 MOTION MADE BY: J. Goehringer SECONDED BY: J. Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Granted, with the following CONDITIONS: (1) that the subject lot must have a written easement, in perpetuity, over the front, landward Doyen lot, for proper fire access along the southerly yard portio~l of the in.~ide (Doyen) lot, referred to as Lot 17; (2) that the subject lot must have a written easement, in perpetuity, over the front, landward Doyen lot, for eoniinued maintenance and use of the sanitary system; (3) said easements shall be reviewed and approved by.the Southold ToWn Attorney, and recorded with the Suffolk County Clerk's Office. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 4-0. (Member Doyen abstained from participation and was absent. ) Page 10 - Minutes aud Resolutions Special Meethag of November 19, 1996 Southold ToM Board of Aploeals F321VDINGS OF FACTANDD~'mMJwirR~TION Appl. ~4431SE November 19, 1996 Applicant: NORMAN WHITEHEAD Findings of Fact Parcel ID: 1000-23-1-2.3 Parcel Location: 14909 ROW OFF N/S Main Road, East Marion Size of Parcel: 1.56+- acres/Nonconforming/R-80 Zone; created by Planning Board subdivision approval November 1980. Applicable Code Provisions Herein: Art. III, Sec. 100-30A.2Band 100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law ~3-1995 which provides for an allowance of not more than three bedrooms for rental as an Accessory Bed and Breakfast, subordinate and incidental to the residence of the applicant in a principal single- family dwelling, for lodging with serving of breakfast to not more than six (6) casual, transient roomers in accordance with conditions (a), (b), (c) and (d) of 100-31B(14). Request Herein Special Exception for Accessory Bed and Breafast Use, as provided above. Applicant has submitted a plan labeling each room, for a total of three bedrooms, to be used for lodging as an accessory transient B & B use. Applicant submits that he is the owner and residence of this single-f~mily dwelling and understands that he must continue to do so while operating this accessory residential use. BOARD ACTION: Motion by M~mber Tortora, seconded by Member Goehringer, it Was RESOLVED, to CONDITIONALLY GRANT the request for accessory residential bed-and-breakfast use based upon the specific information confirmed by applicant and his intentions to comply with zoning code conditions and other applicable codes, and further to comply with the following additional conditions: (1) As required by New York Town Law, Section 280-A, the subject right-of- way to the dwelling must be continuously maintained in good condition at a clearance of twelve feet wide, and ieee!ed with crush concrete, bank run or stone blend mixture for future use; (2) all pot holes within the right-of-way from the Main State Road to the dwelling shall be filled and conti~uously maintained (filled); (3) this B & B approval is limited to the three bedrooms l~heled by applicant in this request and inspected by board members; (4) owner must reside at this dwelling and must be the Page ] 1 - 1M~nutes and Resolutions Special Meeting of November 19, 1996 Southold Town Board of Appeals (Decision continued, Appl. #4431SE - N. Whitehead:) operator of the accessory residential B & B use; the B & B use shall cease and discontinue upon transfer of the property to different owners, other than the applicant, or upon differentresidenc~ of the applicant herein. REASONS: The subject dwelling is a single-family dwelling (ref: PreC.O. April 17, 1996 %24292). Residency has been confirmed by the owner-applicantherein. 'Also see full testimony received and discussed at the hearing held on 11/14/96 for this application. Before operation by owner of this use, inspections under the pending building permit and~inspections for the proposed new B & B use must be obtained, and further permit issued by the Southold Town Building Inspector. VOTE OF TEEBOARD: Ayes: Members Dinizio, Villa, Tortora and Goehringer. (Member Doyen of Fishers Island was absent, as agreed, due ~.dis~ance of travel and expenses involved.) This resolution was uly adopted, 4'0. Page 1 2- Minutes and Resolutions Special Meeting of November 19, 1996 Southold Town Board of Appeals Appl. #4421 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 11/19/96 APPLICANT: tY~NRY TRAENDLY LOCATION OF PROPERTY: 13220 1V~in Road, East Marion COUNTY TAX MAP~DISTRICT 1000, SECTION-31, BLOCK 14, LOT 12. BASIS OF ACTION: July 12, 1996 Notice of Disapproval by the B,,ilding Inspector; Article XXIII, Section 100-231 of the Zoning Code for' approval of four ft; high fence on top of a four ft. high berm, as exists, located in the front yard of this residential zone. FINDINGS: Berm and fence height visibly appears to be up to ~lmost 12 ft. height, rather than the 8 ft. total height requested in the application. (Agent for representation has not confirmed exact height for the record, by t_~anSit or other to~{s~.. The.. applicant .has~ a~__.~ialn or circular type driveway and this combination su~ucture ex~enc~ w~ the lgndseaped area along Route 25, from the edges of the existing driveway (within. temporary easement areas shown on the sketched portion of survey.) For further information, please see hearing transcript for all statements made. MOTION MADE BY: L. Tortora, SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: DENIED height total at 8 ft., and ALTERNATIVELY GRANTED Approval of total height at up to six feet for combination berm and fence, from natural ground measured at the same ground height of center line of Route 25, and not extending past oval curve of existing driveway, shown on map submitted with thi.~ application. REASONS: The Code provides for a maximum height of four feet in or along a front yard. The relief requested is substantial at 100 percent, being four feet or more greater than the code requirement. The relief recluested has been se]f-created by property owner(s) over the past few years. VOTE OF TtlE BOARD: Ayes: J~mes Dini~.io, Jr., Robert-A. Villa, Lydia A. Tortora, Gerard P. Goehringer. Tiffs resolution was unani- mously adopted, 4-0. Member Doyen of Fishers Island was absent, as agreed due to the distance involved. Page 13 - Minutes and Resolutions Special Meeting of November 19, 1996 Southold Town Board of Appeml-~ Appl. $4434 Applicant: FINDINGS OF FACT AND 13E~T!ON ROBERT J. TURNER November 19, 1996 Findings of Fact Parcel ID: 1000-88-6-17 Parcel Location: 1200 West Lane, Peconic Size of Parcel: 21,000+- sf./Nonconfo .... ~ng/R-40 Zone Applicable Code Provisions: Art. XXIII, Sec. t00-239.4B Article III, Section 100-33C. and Request Herein Variance based upon October t0, 1996 Action of Disapproval of the Building Inspector. Applicant wishes to proceed in obtaining a new building pe~-,~t for deck ad~tion within 75 feet. of existing bulkhead, and for accessory shed location with an insufficient front yard setback (as tocated/built),at 7+- feet fro the side line at its closest point and 4+- feet from the northerly front property line. BOARD ACTION: Motion by M~her Dinizio, seconded by ChsirmsnGoehringer, it was RESOLVED, to CONDITIONALL~ GRANT the relief requested at this t~me based upn the cir=~ms=ances existing at this t~me, subject to the following condition: Should the accessory storage shed be proposed to be enlarged or reconstructed, it must be relocated and moved to a conforming yard location under either today's code requirement (40 ft. from the front property line) or the ~ode in effect at the time it may need reconstruction. {Note: The zoning code allows. painting, and hyperhit m~nor repairs of portions of a building. Minor repairs may not include an~ portion-of reconstruction.) REASONS: When building permit %!5772 was issued in March 1987, it appeared that.the setback approved was measured from the highwater mark at the re-az line, rath~ than the bulkhead line. There are lots with s~mi!ar setbacks in the i ...... ediate neighbor (ref: 1000-90- 1-25, and others). Also see full test4mony received and discussed at the hearing held on 11/14/96 for this application. VOTE OF THE BOARD: Ayes: M~hers Dinizio, Villa, Tortora and Goehringer. {M~mher Do~en of Fishers Island was absent, as agreed, due to distance of urave! and ~p_enses involved.) This resolution was duly adopted, 4-0. ZBA:ik Page 14- Ninutes and Resolutions Special Meeting of November 19, 1996 Sauthold Town Board of Appeals V. OTIIER RESOLUTIONS/REMINDERS. The following matters were listed as agenda reminder items for Board Members: 1. SCOPING SESSION for involved agencies 12/4/96 by Planning Board, as Lead Agency, ref: Cross Sound Ferry Services. 2. COMMITTEE MEETINGS: None calendared as yet for planning or zoning regulation reviews. The following matters were listed as resolutions, and the following action was taken on each: 3. The calendar was agreed, as modified, for the first hearings calendar to be Thursday, January 16, 1997 (instead of 1/9), with the following hearings: 3A. 7:00 p.m. Appl. No. 4443 - ROBERT COLLINS. Shed "as built" in its present location, based upon the ] /96 Action of Disapproval by the Building Inspector, Article III, Section 100-33. 7925 North Bayview Road, Southold, NY; Parcel #1000-79-4-65. TANGNE¥. NY. 3B. 7:05 p.m. Appl. No. Area variance/two lots proposed. 4444 - CHARLES & MARY Little Neck Road, Cutehogue, 3C. 7:10 p.m. Application of BELL-ATLANTIC/NYNEX, as Lessee (submission incomplete as of 11/18). Requests are: 1) Variance under Article III, Section 100-31 Bulk Schedule as to height of proposed tower aa principal use, and 2) Special Exception under Article III, Section 100-31B for proposed public utility use. Owners are: Philip and MaryBess Philips at 24850 Main Road, Orient, NY; Parcel #1000-18-6-5. R-80. There being no other business matters properly coming before the beard at tlHs time, the meeting was declared closed at 9:40 p.m. Member Tortora and Board Assistant Linda Kowalski departed the Town Hall, while Members Villa, Dinizio and Goehringer stayed for a while for reviews only. Respectfully submitted, ~ECEIVED .AND FILED BY THE SOUTHOLD TOWN CLERK DATE Clerk, Town of Sout~olcl