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HomeMy WebLinkAboutZBA-01/18/2001 SPEC i ~ ~ ~J APP,t¡ALS BO~D ~MBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, JANUARY 18, 2001 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 18,2001 commencing at 5:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinìzío, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent as agreed was: George Horning, Member. 5:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. RESOLUTIONSlOTHER: A. STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION. ·-Motion was offered by Chairman Goehringer, seconded by Member Tortora, to confirm the following project under SEQRA as Unlisted with Negative Declaration (No Adverse Effect on the Environment) as applied for: Appl. No. 4919 - ALEXANDRA JONES. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). * * * I-B. DELIBERATIONS/DECISIONS (Carryovers from last meeting): Copies of the original official decisions filed with the Office of the Town Clerk are attached and incorporated into Page 2 - Minùtes . Meeting held January 18, 2001 Southold Town Board of Appeals this set of Minutes as though written in their entirety: Approvals with Conditions: Appl. No. 4826 - WILLIAM PENNEY. Appl. No. 4877 - KENNETH ROBINS. Appl. No. 4905 - ORIENT BY THE SEA MARINA/MGH ENTERPRISES/R. HAAS. Appl. No. 4894 - REV. RONALD WICKEY. Approved as Applied For: Appl. No. 4893 - LEONARD BECKENSTEIN. Appl. No. 4898 - PETER PSYLLOS. Appl. No. 4899 - M. and J. POLLOCK. Appl. No. 4902 - ROSE DIACHUN. See more deliberationsldecisions after public hearings. * * * (Agenda Item IV-C). RESOLUTION TO CALENDAR HEARINGS: Chairman Goehringer offered a motion, seconded by Member Dinizio, calendaring Appl. No. 4844 filed for Donald Buskard for a public hearing to be held March 15,2001 instead of February 27,2001, the date noted on the agenda, and authorizing advertisement and calendaring of complete applications for public hearings to be held Tuesday, February 27, 2001, including applications scheduled for February 7,2001 from prior calendar, and canceling the March 8, 2001 Meeting Date. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent.) Agenda Item IV-A. RESOLUTION: Motion was offered by Member Collins, seconded by Chairman Goehringer, reaffirming advertisement of public hearing regarding Appl. No. 4919 filed in behalf of Alexandra Jones for Reversal of Stop Work Order, or Variance under the Flood Law. Location of Property: Skunk Lane (a/kla Bay Avenue), Cutchogue. * * * '--'-~~~""""--'~.-.~~--'--~~~-'----'-----~'-"-----'--"---'~"-'--"'"-'-~~~~-'--~~~~~~- .'page ~ - Minùtes ..- - I\?eeting held January 18, 2001 Southold Town Board of Appeals II. PUBLIC HEARINGS: The Chairman opened each of the following hearings to the audience for discussion. (For full details on discussions, please see written Transcript, prepared separately.) 7:16 - 7:27 p.m. Appl. No. 4904 - CRISTINE HESSEL. (Recessed from previous meeting for continuation). This is a request for a Variance under Art. XXIV, Sec. 100-244B, based on the Building Department's November 21, 2000 Notice of Disapproval regarding a building permit application for a new single-family dwelling, a portion of which will be located at less than 60 ft. from the rear property line; 40300 Main Road, Peconic; Peconic Bay Cove Lot 2; ParceI1000-86-4-1.4. Mr. Joseph Como appeared in behalf of Mrs. Hessel, who was also present. Opposing the application was Mrs. Palma, immediate property owner to the south. After receiving additional testimony and information, Chairman Goehringer moved to close (conclude) the hearing, seconded by Member Tortora, and duly carried by unanimous vote. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) 7:27 - 7:57 p.m. Appl. No. 4869 - WILLIAM MERCURIO. This is a request for a Variance under Article XXIV, Section 100-241A, based on the Building Department's November 8, 2000 Notice of Disapproval regarding a building permit application to construct a dormer addition .and alter a nonconforming cottage. Location of Property: 2305 Bay Avenue, Mattituck; Parcel 1000-144-4-4. P. Moore, Esq. and Donald Feiler, Architect both appeared in behalf of the applicants, Mr. and Mrs. Mercurio, who were also present. After receiving testimony and information, Chairman Goehringer offered a motion to close the hearing, seconded by Members Tortora and Dinizio. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) 7:57- 9:00 p.m. App1. No. 4919 - ALEXANDRA JONES. Request to Reverse Stop Work Order dated December 6, 2000 regarding Building Permit No. 26724-Z issued August '17, 2000, and in the Alternative for a Variance from Town Code Ch. 46, Sections 46-16 and 46- 17 (Flood Damage Prevention Law). Building Permit No. 26724Z was issued August '18, 2000 for construction of a new dwelling with two-car garage and covered porch. Location of Property: 5055 Skunk La. (a/kla Bay Ave.), Cutchogue; Parcel No. 1000-138-2-3.4 Eric J. Bressler, Esq. appeared with the applicant, Ms. Jones and Surveyor, Joseph Ingegno, all submitting testimony and information for the record. Also attending in behalf of the Building Department was Edward Forrester. After receiving testimony and information, Chairman Goehringer offered a motion, seconded by Member Tortora, to close (conclude) the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) Following the close of the hearing, the Board deliberated and rendered a determination Reversing the Action of the Building Inspector. A copy of the original, Official Decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. End of public hearings. * * * i . \, \ \\~ , ~.. 111\ .~ 1Þ "\( . ~ V l~ i 1- \J I I I I .~Page·i¡:- MilÌutes Meetir¡.g held January 18, 2001 Southold Town Board of Appeals III. DELlBERATIONSIDECISIONS: The Board deliberated and rendered the following determination. A copy of the original, official decision, filed with the Office of the Town Clerk, is attached and incorporated into this set of Minutes as though fully written in their entirety: Appl. No. 4904 - Cristina Hessel - Denied. IV. RESOLUTIONS/UPDATES/OTHER. A. RESOLUTION: Motion was offered by Member Collins, seconded by Chairman Goehringer, reaffirming and authorizing advertisement of public hearing regarding Appl. No. 4919 filed in behalf of Alexandra Jones for Reversal of Stop Work Order, or Variance under the Flood Law, Town of Southold. Location of Property: Skunk Lane (a/kla Bay Avenue), Cutchogue. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent.) B. Brief Discussion: Board Member preparation at time of voting. * * * V. EXECUTIVE SESSION (!Y(;tÝe'). * * * There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at approximately 9:22 p.m. Respectfully submitted, ~1dv~- Lmda Kowalski ~/10/ Secretary RECEIVED oJ ~ ~ ,'/8rt?l MAR 1 2001 ~. ~/) 7},u/Þ;æ '(Á. ~ Sou old Town Clerk ~ ',~ ~, AP~EALS OO~ÌJ MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning South old Town Hall 53095 Main Road P.O. Box 1179 Southold, New Yark 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERA TIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4919 -ALEXANDRA JONES Street & Locality: 5055 Skunk Lane (a/kIa Bay Avenue), Cutchogue Date of Public Hearing: January 18, 2001. PARCEL 1000-138-2-3.4 FINDINGS OF FACT Property Facts: The subject property is a lot on the east side of Skunk Lane (Bay Avenue) in Cutchogue, containing 17,562 sq. ft. according to a survey by Joseph Ingegno, L.S. dated March 1, 2000. It is improved with a single-family home in the final stages of construction. Basis of Appeal: Building Inspector's Stop Work Order, dated December 6, 2000, stopping work on the home because of nonconformance with Chapter 46 of the Southold Town Code, entitled "Flood Damage Prevention." Applicant's Request: Applicant asks the Board to reverse the Building Inspector's determination that the house under construction is subject to Chapter 46 of the Town Code, and to reverse the Stop Work Order that was issued based on that determination. Alternatively, if the Board agrees that the project is subject to Chapter 46, applicant requests a variance pursuant to Section 46-22A of the Town Code. Reasons for Board Action, Described Below: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) On August 18, 2000, Building Permit 26724Z was issued for construction of a single- family home on the subject property. A survey by Joseph Ingegno, dated March 1, 2000, was submitted with the permit application and shows the westerly section of the property to be in Flood Zone AE 8 but the house location to be in Zone X, that is, not in a special flood hazard area ("SFHA"). Chapter 46 of the Town Code applies to structures in "SFHAs." Zone AE 8 is a "SFHA." (2) Construction commenced in September 2000, and the foundation was inspected and approved by the Building Department on September 15th and September 23fd. The foundation survey by Joseph Ingegno, dated September 23, 2000, shows the foundation to be in Zone X, that is, not in a "SFHA." (3) On November 21, 2000, Joseph Ingegno prepared an Elevation Certificate on the form prescribed by the National Flood Insurance Program. The Certificate states that the house under construction is in Zone X, based on Flood Insurance Rate Map ("FIRM") panel 164G. Building Department records indicate that this Certificate was requested by the Building Department on November 20, and applicant testified that it was submitted to the Building Department on .... .. ' Page 2 - January 18, 2001 Appl. No. 4919 - Alexandra Jones 1000-138-2-3.4 at Cutchogue ~..~ r November 28th. It was at approximately this time that Building Department records first indicate concern over the possible applicability of Chapter 46 to the project. (4) On December 6,2000, the Building Department issued a Stop Work Order because of "nonconformance with Chapter 46 of the Town Code." Applicant testified that the house is complete except for interior finish work. (5) At the hearing on January 18, 2001, Joseph Ingegno testified that the line between Flood Zone AE 8 and Zone X, shown on his surveys of the subject property and used in preparing the Elevation Certificate, was determined by the standard practice of scaling from the applicable "FIRM." (6) At the hearing on January 18, 2001, Edward Forrester, head of the Building Department, testified that the Department agrees that Mr. Ingegno's surveys were accurately prepared according to the standard practice of scaling from the "FIRM." However, Mr. Forrester further testified that in recent discussions and meetings, officials of the New York State Department of Environmental Conservation (which administers the National Flood Insurance Program in New York) stated that if actual land contours do not exactly match the applicable "FIRM," flood zone borders should be determined by the actual contours. The actual 8-foot contour on the subject property passes through the house whereas the "FIRM" line delineating Zone AE 8 lies to the west of the house. On the basis of this actual contour and the DEC's stated position regarding determining "SFHA" borders, the Building Department determined that the house is in Zone AE 8 and subject to Chapter 46 of the Town Code. (7) Mr. Forrester submitted materials including E-mail exchanges among DEC personnel in November and December, 2000, relating to how "SFHA" borders should be determined, and a memo, dated December 5, 2000, from the New York State coordinator of the National Flood Insurance Program proposing that communities determine such borders by actual elevation rather than by scaling from the "FIRM." The author of the memo stated his view that a community has authority to do this if its local law provides that "SF HAs" are to be determined both from the applicable "FIRMs" and from the applicable "Flood Insurance Study," but that he had not obtained legal support for this position. Section 46-6 of the Town Code refers to both documents, and the Building Department apparently believed for this reason that our Code justifies the Stop Work Order issued December 6, 2000. (8) The Board concludes that Building Permit 26724Z was issued correctly on August 18, 2000, based on Chapter 46 of the Town Code. There is no evidence that the Building Department erred in issuing the permit. (9) The Board concludes that applicant's surveyor correctly interpreted existing Southold Town law as to the borders of "SFHAs." Testimony indicated that the Building Department intended to change the way such borders are determined, but even if our local law were changed in this manner, the Board believes that such a change should not apply retroactively to a project such as this one that was properly issued a building permit under existing law. ...þ , ;page 3;::- Jan!J.sry" 18, 2001 AppL No. ~919 - Alexandra Jones 1000-138-2-3.4 at Cutchogue ResolutionlAction: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, that this Board finds that the Stop Work Order of December 6, 2000, was issued in error because the house under construction is not in a "SFHA" as determined under existing South old Town law, and, in accordance with this Board's authority under Sections 46-22B and 100-271A of the Town Code, the Stop Work Order is REVERSED. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resoluti as duly a ed (40). APPEAL,S m5ARD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Gerard P. Goehringer, Chairman James Dinìzio, Jr. Lydia A. Tortora Lara S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4902 - ROSE DIACHUN 1000-127-3-8 and 10; 3-9.1, 9.2; 78-17.3 and 17.4. STREET & LOCATION: Diachun Road {a private right-of-way} extending off the northerly side of Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: January 4, 2001 FINDINGS OF FACT Property FactsIDescription: The Applicant, Rose Diachun, is the owner of lands identified on the County Tax Maps as 1000-127-3-9.1 and 10, located approximately 1680 feet north from Peconic Bay Boulevard. The aplPlicant is requesting a determination by the Board of Appeals to establish by variance, minimum construction standards for safe and sufficient access for emergency and other vehicles to travel over the above-identified land, as required by New York Town Law, Section 280-A. New York Town Law, Section 280-A states that no building permit may be issued until minimum standards have been determined. Applicant is proposing a single- family dwelling use at an undetermined future date on Lot 10 with access over lands of Eleanor Diachun from Peconic Bay Boulevard. The remaining lands, are identified as Block/Lots, part of 08-17.3, 08-17.4, 03-10, 03-9.1, 03-9.2, and 03-8, all as shown on a December 7, 1999 survey map, amended January 24,2000, prepared by John C. Ehlers, L.S. Basis of Application: The Building Inspector's Notice of Disapproval dated October 26, 2000 in the filing of a building permit application for review, Southold Town Zoning Code Article XXIII, Section 100-235-A, and New York Town Law, Section 280-A. Relief Reauested: Applicant requests a Variance under New York Town Law, Section 280-A establishing the minimum improvements and standards necessary for access by fire and other emergency vehicles to a future single-family dwelling and possible accessory buildings. Applicant does nlOt meet the minimum access requirements of Section 100-235A of the Southold Town Zoning Code. Board !Resolution: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT approval under New York Town Law, Section 280-A for access over a private-of-way, subject to the following CONDITIONS and IMPROVEMENTS: Page 2 - January 18, 2001 ZBA Appi. No. 4902 - Rose Diachun 1000-127-3-8,10,9.1 and 9.2; 08-17.3 and 17.4 1) the applicant's right-of-way must remain open and unobstructed for a minimum width of 15 feet for its entire length; 2) Improvements, with continuous maintenance in good condition at all times: a) from Town road (Peconic Bay Boulevard) to E. Diachun house on Lot 17.4; b) from E. Diachun house on Lot 17.4 to beginning of wooded vacant Lot #17.3, the right-of-way must be widened to a minimum width of 15 feet and be unobstructed to a minimum height clearance of 15 feet. c) from start of wooded area, part of Lot 17.3, straighten right-of-way as much as possible by removing trees that impede travel. Straighten right-of-way as much as possible by removing trees that impede travel on right-of-way. d) for Lots 03-8 and 10, 03-9.1 and 9.2: remove approximately 4 to six inches of loam, pack base and replace with four inches of crushed concrete as needed. Some areas may need six inches. Compact or roll material into base, and finish top coat with two inches of % in. stone blend. 3) Applicant shall send a letter to this Department confirming when the above have been completed, for inspection and acceptance. No certificate of occupancy shall be issued until the right-of-way has been inspected and accepted in writing by the Chairman (and one member of the Board of Appeals) as to meeting the above construction standards. 4) Additional improvements may be made at the owner's discretion. 5) Town Trustees' review approval for activities related to right-of-way improvement and construction. Horning of Fishers Island was absent.) , '" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPÈALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4893 - LEONARD BECKENSTEIN Street and Locality: 830 Jackson Landing Road, Mattituck Date of Public Hearing: January 4, 2001 FINDINGS OF FACT PARCEL 1000-113-6-4 PROPERTY FACTS: A survey by John Ehlers, dated October 26, 2000, shows the subject property as a lot comprising 31,184 sq. ft., bordered on the south by Mattituck Creek, on the east by county property, and on the north by "parkland/recharge area." On the west, the property is bordered by a strip of land running from Jackson's Landing to the creek that is described as providing access to the subject property and possibly to be dedicated as a street in the future. The subject property is improved with a house with attached garage, and an in-ground pool. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 20, 2000, denying a permit to build an addition to the east side of the house because it would be 35 feet from the rear property line whereas Code section 100-244B requires 50 feet. RELIEF REQUESTED: Applicant requests a variance authorizing the location of an easterly addition as proposed. According to the drawing submitted by applicant's architect, the addition will be 32 feet from the easterly property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The Building Department has treated the westerly side of the subject property as the front yard, because it is bordered by the undeveloped strip of land described as giving access to the subject property. Consequently, the easterly side of the property is treated as the rear yard, subject to the Code's rear yard setback requirements. (2) All of the land bordering the subject property is undeveloped, and actual access is via a driveway from Jackson's Landing that crosses a corner of the undeveloped parkland to the north. The house is oriented to face the water to the south and the easterly and westerly yards function in actual use as side yards. (3) The land to the east of the subject property is owned by Suffolk County and is almost certainly not going to be developed. A setback of 32 feet from the easterly property line will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - January 18, 2001 Appl. No. 4893 - L. Beckenstein 1000-113-6-4 at Mattituck (5) The action set forth below is the minimum necessary and adequate to enable applicant to expand his house in a reasonable manner while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance, authorizing an addition to the easterly side of applicant's house at a setback of 32 feet from the property line. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), (Member Horning of Fishers Island was absent. es tion wa Collins. I!':~ .,.< .,. " .¡t Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4904 - Cristina Hessel. Contract Vendee Street and Locality: 40300 Main Road, Peconic 1000-86-4-1.4 Date of Public Hearing: January 4, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of fronts 196.15 ft. along the south side of the Main Road (State Route 25) in Peconic. The lot is vacant and is shown as Lot #2 on the Map of Peconic Bay Cove filed in the Office of the County Clerk on March 4, 1983 as File No. 7159. The survey prepared by Peconic Surveyors, P.C. shows an easement on the west side of the .property labeled "common driveway" and a row of evergreens. Along the southerly property line is a split rail fence near a footpath on the lot to the south. The fence also runs along the easterly property line to the northerly corner of this lot. BASIS OF APPLICATION: Building Inspector's November 21, 2000 Notice of Disapproval for the reason that applicant's proposed house does not meet the rear yard setback requirement of 60 feet. AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a new two-story dwelling with a setback from the southerly property line at 40 feet. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. The benefit to the applicant is to save a large evergreen, verses the benefit to the neighboring community which is to preserve privacy in their rear yard and to continue their right to enjoy the private yard area. 2. The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance. The options could be to re-design a house to better fit the lot, to build a smaller house or to re-Iocate the house on the lot. 3. The requested area variance is substantial. There is another location on this lot to place the dwelling without the need for a variance. 4. The Board has received testimony and evidence from the neighbor(s) to show that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district by moving the house closer to the rear line. 5. The alleged difficulty has been self-created and relates to the applicant's desire to place the " .. Page 2 - January 18, 2001 ZBA Appr. No. 4904 - C. Hessel (Konarski) 1000-86-4-1.4 at Peconic dwelling in a nonconforming location rather than meeting the code requirement. RESOLUTIONlACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to DENY the requested variance. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). « .><; 'Þ ~ , APPEALS' BoARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4899 - The Pollock Familv Trust Street & Locality: 2600 and 2700 West Creek Avenue, Cutchogue 110~9-9, 10 Date of Public Hearing: January 4, 2001. FINDINGS OF FACT PARCEL 1000- PROPERTY FACTS: The subject lots are identified on the Suffolk County Tax Map as 1000- 110-1-9 ("Lot 9") and 1000-110-1-10 ("Lot 10"). They have narrow frontages on West Creek Avenue, Cutchogue, and share a common boundary of more than 300 feet from the street to Wickham Creek. The application states that each lot is 0.75 acre. Lot 9 is improved with a small house. Lot 10 is vacant. BASIS OF APPLICANT'S REQUEST: Building Inspector's Notice of Disapproval dated September 22, 2000 denying a permit to build a house on Lot 10 for the reason that it has merged with Lot 9 pursuant to Code section 100-25A. REQUEST BY APPLICANT: Applicant requests waiver of merger of Lot 10 with lot 9 pursuant to Code Section 100-26. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Lots 9 and 10, and other properties, were acquired by John Pollock in 1926. In 1952, he conveyed Lots 9 and 10 to his wife, Eleanor. In 1962, Eleanor conveyed Lot 9 to her stepson, Millard Pollock, and his wife, Jean. Eleanor died in 1991 and her will left Lot 10 to Millard and Jean. As a result of this bequest, Lots 9 and 10, both of which are nonconforming, came into common ownership and merged in accordance with Code section 100-25A. The two lots are now held by a Pollock family trust. (2) Applicant's representative testified that Millard and Jean Pollock have never been other than summer residents of Southold Town and that Eleanor Pollock's estate was handled by an attorney unfamiliar with the Town Code's merger provisions. Applicant has received separate tax bills for Lots 9 and 10 and was unaware of the merger. Applicant now wishes to convey Lots 9 and 10 to separate family members, and wishes to ensure that Lot 10 will be legally buildable in the future. (3) Lots 9 and 10 are among the larger lots on the nearby portion of West Creek Avenue, and waiver of merger will recognize lots that are consistent in size with properties in the neighborhood. .' '" "'P'ßge 2 - January 18, 2001 Appl. No. 4889 - Pollock Family Truck 1000-110-9-9. 10 at Cutchogue (4) Waiver of merger will not result in a significant increase in the density of the neighborhood because it will, at most, allow the construction of one additional house. Construction on Lot 10 would not require significant change in the natural details of the land. (5) Waiver of merger will allow applicant to carry out an agreed family plan of asset distribution, including transfer of Lots 9 and 10 to separate family members. Inability to make these transfers would constitute an economic hardship for the parties involved. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested waiver of merger of Lot 10 with Lot 9. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). ~-~c~~_...,,~ ---~~~~-'------'---"-"-'----"-'---_--C---C-__:C'."__~---'-__"---'-'-"--~_-""-'___'.____~__-,-.----,-.~-,-._~---,-<_..m_____.__.---,_~_...,.,,,,,,. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765~1809 . ¢ APPÉÀLS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTH OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4894 - REV. RONALD WICKEY 1000-78-1-31 Street and Location: 2305 Glenn Road, Southold Date of Public Hearing: January 4,2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the north side of Glenn Road in South old and is referred to as Lot 29 on the Map of West Creek Estates filed on August 19, 1963 in the Suffolk County Clerk's Office. This lot is improved with a two- story frame house with attached garage, and a raised deck attached to the rear of the house and including a hot tub and swimming pool, all as shown on the March 14, 2000 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Inspector's October 24, 2000 Notice of Disapproval denying a permit for the deck addition be'cause it has a side yard setback of less than 15 feet and a rear yard setback of less than 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the deck with hot tub and pool, as built, but after removal of a 152-square-foot segment from the west side of the deck, as shown on the plan of Mark Schwartz dated October 27, 2000. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Based on Tax Assessor records and testimony of applicant's agent, the Board understands that the pool was built several years ago pursuant to a building permit, and was placed in a permitted location for an accessory structure. The pool is 35 feet from the rear lot line and 14 feet from the westerly line; the surrounding deck is 25 feet from the rear line and 9 feet from the westerly line. Code section 100- 33B requires that accessory structures on a lot this size be at least 5 feet from any lot line. (2) The Board understands that the deck was subsequently expanded and attached to the house. Consequently, the entire deck/hot tub/pool structurre is treated as part of the house and subject to the setbacks for principal structures. On this lot, Code section 100-244B requires a rear yard of 50 feet and a minimum side yard of 15 feet. Page 2 - January 18, 2001 ZBA Appl. No. 4894 - R. Wickey Parcel 1000-78-1-31 at Southold ,..~,,-~'" (3) Applicant could break the deck at some point, disconnecting it from the house and making it an accessory structure with conforming setbacks. This would technically satisfy the letter of the law, but would be awkward and impractical and would have no effect on the overall appearance of the deck/hot tub/pool structure as it stands on the property. The Board believes such a solution is not appropriate. (4) Except for the fact of being connected to the house, the deck/hot tub/pool structure would be a conforming accessory structure. No objections to the structure were heard from neighbors. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of his deck and pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the requested variance, authorizing the deck, hot tub and pool addition to the house at the setbacks shown on the plan by Mark Schwartz, dated October 27, 2000, subject to the CONDITION that the 152-square-foot deck segment indicated on that plan is removed as proposed by applicant. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent.) This Resolution was duly ADOPTED (4-0). __~_'c'_'_~~'_'_""'C-~___~__'_______· ~,__~_~~-c··_,··_··---~·~-----~-~-~··-·-·,- ) Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning South old Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 ,..,' , ~ ~PEALS BÓARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4905 - ORIENT BY THE SEA MARINAlMGH ENTERPRISES (HAAS) Parcel Location: South Side of Main Road (S.R. 25), Orient PARCEL 1000-15-9-8.1 Date of Public Hearing: January 4, 2001. FINDINGS OF FACT PROPERTY FACTS: A site plan prepared by Architechnologies, dated October 19, 2000, shows the subject property to be a parcel of 4.55 acres lying between Main Road and Gardiner's Bay in Orient. It is improved with a restaurant and a marina for commercial and recreational fishing boats. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated November 21, 2000, denying a permit to construct an accessory building because it would be 3 feet from the property line whereas Code section 121 C(1) requires a minimum setback of 20 feet. RELIEF REQUESTED: Applicant requests a variance authorizing the location of the accessory building as proposed, with a 3-foot setback from the westerly lot line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wants to provide adequate restrooms for marina patrons, as well as some cold storage for patrons' fish and ordinary storage space for his business. He proposes to build a 20 x 40-foot structure containing these facilities. (2) The property is deep from Main Road to the Bay, but narrow, and the entire center is a boat basin. The relatively narrow strip of land between the westerly lot line and the boat basin is paved and provides vehicular access with parking spaces abutting the westerly lot line. The rational location for the proposed building is on this paved strip. Although there is open land near Gardiner's Bay, that would be a very inconvenient location for the proposed building. (3) In order to minimize interference with vehicular traffic moving through the property and using the parking spots on the westerly edge of the property, applicant wants to place the proposed building only 3 feet from the westerly lot line. The Board believes this location is desirable for vehicular and pedestrian safety. Since the land to the west is open parkland owned by New York State, construction in the proposed location will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. l> Page 2 - January 18, 2001 Appl. No. 4905 - Orient by the Sea Marina 1000-15-9-8.1 at Orient (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicant to. provide adequate restroom and storage facilities in a rational location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested variance subject to the CONDITION that the accessory structure shall at no time be used as sleeping or living quarters. Vote of the Board: AYES: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). \\. Gerard~ P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPEALS HCÚ\RD tVŒMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINÁTION MEETING OF JANUARY 18,2001 AppL No. 4826 - WILLIAM PENNEY III. Variance for proposed building width greater than 60 ft. wide. STREET & LOCALITY: Corner of C.R. 48 and Youngs Avenue, Southold; Parcel 1000-55-5- 2.2. DATE OF PUBLIC HEARING: June 8, 2000; July 6, 2000; August 10, 2000; September 14, 2000, October 19,2000; December 7,2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of a total area of '1.4963 acres located on the corner of Youngs Avenue and the south side of County Road 48 in Southold. The updated January 3, 2001 site map shows an existing one-story building (Tidy Car), detached frame building, parking areas, and the owners' proposed 80x100 ft. storage building. The property is zoned B General Business. BASIS OF APPEAL: Building Inspector's November 27, 2000 Notice of Disapproval concerning an application for a building permit to construct a proposed storage building. The reasons stated in the Notice disapproving the project reads that a "project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street" ref. Zoning Code Chapter 100, Article X, Section 100-103C. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Proposed 80x100 ft. storage area with a 24.2 ft. fully enclosed addition attached at the southwest end of the main building. The setbacks for the proposed storage areas are shown 50 feet from C.R. 48, 25 ft. setback from the west property line, and 55+- from the southerly property line, at its closest points. The addition gives the appearance of two separate buildings, with 80 ft. in width facing C.R. 48 and 30.1 ft. facing C.R. 48. The existing width is 78+- feet facing east towards Youngs Avenue. ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. Applicant wishes to construct an 80 ft. wide by 100 ft. deep storage building to house and display new inventory, including campers and truck cabs, which are currently stored outside. 2. Applicant has testified that the additional 20-ft. width in the structure is requïred to handle and maneuver large vehicles involved in the sale and rental of said business. Applicant further testified that the new structure would eliminate the need for outside storage of these vehicles and help improve the appearance of the property. Page 2 - January 18, 2001 Appl. No. 4826 - William Penney 1000-55-5-2 at Southold 3. This is a single occupancy business use with all operations under one roof (rather than as a strip mall with multiple uses, which is not permitted under Code Section 100-1 03C, added by Local Law on 8-22-1995). REASONS FOR BOARD ACTION: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The new storage building should improve the appearance of the applicant's property by providing an indoor place to display and store truck cabs and campers, which are currently stored outside. The additional 20-ft. width of the structure, which is the subject of this variance, will be offset in appearance by appropriate screening set forth, and subject to this approval. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the Town Code limits the width of structures to 60 feet, and the large size of the applicant's inventory require a width of 80 feet for storage, display and maneuvering. 3. The variance is substantial and represents a 30 percent increase over the code required 60-foot width limit. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been presented to suggest that the variance granted herein would have a negative impact on physical or environmental conditions in the area. RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDITIONS: 1. This approval is subject to site plan approval by the Town Planning Board and further subject to approval by the Town Planning Board of a landscaping plan for the area between the front of the new building and County Route 48 to minimize the visual impact of the new storage building. 2. There shall be no outdoor storage of vehicles for display, storage or sale in the area between the front of the new building and County Route 48. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of indoor storage of oversized vehicles, and that the grant of this variance will preserve the character of the neighborhood, and '--~'c-'---'-',,------^___'_'_~'~~___~_-'--'-----'-'--~----'-'--'-'---'________'_'~'-""""'~_'ë_~"'--"'~'~'""___~__~--'-'~""""""!~_"""__-'-'_~-:-'_~~~_ P.age 3 -dJàI'!Uar~' 18, 2001 . Appl;. Nú.~4826 -'WilliarB Penney 1000-55-5-2 at Southold the health, safety, welfare of the community. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was dul adopted (4-0). ./ .;/ ~-~ 4 , APPEAL£ÉOARD MEMBERS '" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4898 - PETER PSYLLOS STREET & LOCALITY: 2867 Ruth Road, Mattituck 1000-106-1-1.11 DATE OF PUBLIC HEARING: January 4, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 1.3846 acres and fronts along a private right-of-way along the east and south property lines, extending westerly from Ruth Road, in Mattituck. A survey dated August 25, 1999 shows an existing 1-112 story frame house and garage, wood deck, swimming pool, brick patio, stone retaining wall, and accessory tennis court located În the southerly side yard area. The ZBA records show a variance (Appl. No. 4199) was granted with conditions on December 8, 1993 for the tennis fence and court. BASIS OF APPEAL: Building Inspector's August 21, 2000 Notice of Disapproval disapproving the fence height of the tennis court and lot coverage at 21.41%. The Notice of Disapproval was amended October 2,2000 to show a proposed lot coverage of 22.9%, and eliminating the need for a further variance regarding the tennis court fence height. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for an in-ground swimming pool and raised patio which adds 3600 sq. ft. of additional lot coverage. The lot coverage relief requested is 2.9% over the allowable 20%, or 1760 sq. ft. for the as-built structures. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. The variance requested is to increase the lot coverage 2.9 percent over the permissible 20 percent limit, to provide for an as-built in-ground swimming pool and raised patio. The pool and patio are located in the required rear yard area and are over 98 feet from an existing right-of-way on the east, and are buffered from view by the adjoining property owner to the west with a stockade fence. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance because the as-built pool and raised patio exceed the 20 percent allowable by 2.9 percent, and without the variance the applicant would be required to removal all, or part, of the structures. 3. The area variance is not substantial. The variance is for a 2.9 percent increase in lot coverage. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions ,in the neighborhood or district. No evidence has been submitted to ,Pt~ge 2 -:.,Janua& 18, 2001 AppL No,'4898 - Peter Þsyllos' ." 100())'106-1-1.11 at Mattituck suggest that the proposed construction will have an adverse impact on physical or environmental conditions. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new in-ground swimming pool and raised patio, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTIONlACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. Vote of the Board: Ayes: Members Goehringer (Ch . Horning of Fishers Island was absent.) This Re ion wa (Member ·. ,,- ,"'" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 . APPEALS BOARD MEMBÉRS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4877 - KENNETH ROBINS. STREET & LOCALITY: 365 pequash Ave, Cutchogue; 1000-103-7-29. DATE OF PUBLIC HEARING: January 4, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the west side Pequash Avenue (a/k/a Fleet Neck Road) in Cutchogue. The June 5, 2000 survey shows that this lot is 16,295.15 sq. ft. in area with 81.29 ft. along Pequash Avenue. The premises is improved with a single-family frame dwelling and detached 22.1 x 26.2 frame garage located in the rear yard. BASIS OF APPEAL: Article III, Section 100-33A, based on the Building Department's August 21, 2000 Notice of Disapproval of an application for a second floor addition to an existing accessory garage with a median height to collar ties above the code limitation of 18 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to raise the roof and add storage area above the existing first floor of the garage. The height from ground to the ridge is 22'10". The first floor will continue to be used for storage or for parking purposes. REASONS FOR BOARD ACTION: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the garage exists and an increased median height of one foot over the code limitation for a storage area will not be visibly noticeable. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance except to building an addition to the dwelling which is not economically feasible or practical under the circumstances. 3. The requested area variance is not substantial, representing a variance of one foot. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has been self-created, in part, and relates to the applicant's desire to enjoy additional storage area. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of additional storage area above an existing garage, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: Page 2 - January 18, 2001 Appl. No. 4877 - Kenneth Robins 1000-103-7-29 at Cutchogue 1. That the accessory building not be converted into habitable area as an accessory structure. 2. That the height of this accessory garage not be further increased. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent was: Member Horning of Fishers Island.) This Resolution was duly adopted * * * .; ~'-'---~-~--~~~"""~--'--"-'-~""-----'---~-~~--_~-~~'7_~'_'__-'-"------'---"_'___~~_"_,._ é 1J; '" J. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18,2001 Appl. No. 4899 - The Pollock Family Trust Street & Locality: 2600 and 2700 West Creek Avenue, Cutchogue 110-9-9, 10 Date of Public Hearing: January 4, 2001. FINDINGS OF FACT PARCEL 1000- PROPERTY FACTS: The subject lots are identified on the Suffolk County Tax Map as 1000- 110-1-9 ("Lot 9") and 1000-110-1-10 ("Lot 10"). They have narrow frontages on West Creek Avenue, Cutchogue, and share a common boundary of more than 300 feet from the street to Wickham Creek. The application states that each lot is 0.75 acre. Lot 9 is improved with a small house. Lot 10 is vacant. BASIS OF APPLICANT'S REQUEST: Building Inspector's Notice of Disapproval dated September 22, 2000 denying a permit to build a house on Lot 10 for the reason that it has merged with Lot 9 pursuant to Code section 100-25A. REQUEST BY APPLICANT: Applicant requests waiver of merger of Lot 10 with Lot 9 pursuant to Code Section 100-26. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Lots 9 and 10, and other properties, were acquired by John Pollock in 1926. In 1952, he conveyed Lots 9 and 10 to his wife, Eleanor. In 1962, Eleanor conveyed Lot 9 to her stepson, Millard Pollock, and his wife, Jean. Eleanor died in 1991 and her will left Lot 10 to Millard and Jean. As a result of this bequest, Lots 9 and 10, both of which are nonconforming, came into common ownership and merged in accordance with Code section 100-25A. The two lots are now held by a Pollock family trust. (2) Applicant's representative testified that Millard and Jean Pollock have never been other than summer residents of Southold Town and that Eleanor Pollock's estate was handled by an attorney unfamiliar with the Town Code's merger provisions. Applicant has received separate tax bills for Lots 9 and 10 and was unaware of the merger. Applicant now wishes to convey Lots 9 and 10 to separate family members, and wishes to ensure that Lot 10 will be legally buildable in the future. (3) Lots 9 and 10 are among the larger lots on the nearby portion of West Creek Avenue, and waiver of merger will recognize lots that are consistent in size with properties in the neighborhood. .... "-P€lge 2 - January 18, 2001 Appl. No. 4889 - Pollock Family Truck 1000-110-9-9.10 at Cutchogue (4) Waiver of merger will not result in a significant increase in the density of the neighborhood because it will, at most, allow the construction of one additional house. Construction on Lot 10 would not require significant change in the natural details of the land. (5) Waiver of merger will allow applicant to carry out an agreed family plan of asset distribution, including transfer of Lots 9 and 10 to separate family members. Inability to make these transfers would constitute an economic hardship for the parties involved. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested waiver of merger of Lot 10 with Lot 9. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 ..,..,~ ...., APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4894 - REV. RONALD WICKEY 1000-78-1-31 Street and Location: 2305 Glenn Road, Southold Date of Public Hearing: January 4, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the north side of Glenn Road in Southold and is referred to as Lot 29 on the Map of West Creek Estates filed on August 19, 1963 in the Suffolk County Clerk's Office. This lot is improved with a two- story frame house with attached garage, and a raised deck attached to the rear of the house and including a hot tub and swimming pool, all as shown on the March 14, 2000 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Inspector's October 24, 2000 Notice of Disapproval denying a permit for the deck addition because it has a side yard setback of less than 15 feet and a rear yard setback of less than 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the deck with hot tub and pool, as built, but after removal of a 152-square-foot segment from the west side of the deck, as shown on the plan of Mark Schwartz dated October 27, 2000. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Based on Tax Assessor records and testimony of applicant's agent, the Board understands that the pool was built several years ago pursuant to a building permit, and was placed in a permitted location for an accessory structure. The pool is 35 feet from the rear lot line and 14 feet from the westerly line; the surrounding deck is 25 feet from the rear line and 9 feet from the westerly line. Code section 100- 33B requires that accessory structures on a lot this size be at least 5 feet from any lot line. (2) The Board understands that the deck was subsequently expanded and attached to the house. Consequently, the entire deck/hot tub/pool structure is treated as part of the house and subject to the setbacks for principal structures. On this lot, Code section 100-2448 requires a rear yard of 50 feet and a minimum side yard of 15 feet. Page 2 - January 18, 2001 ZBA Appl. No. 4894 - R. Wickey Parcel 1000-78-1-31 at Southold (3) Applicant could break the deck at some point, disconnecting it from the house and making it an accessory structure with conforming setbacks. This would technically satisfy the letter of the law, but would be awkward and impractical and would have no effect on the overall appearance of the deck/hot tub/pool structure as it stands on the property. The Board believes such a solution is not appropriate. (4) Except for the fact of being connected to the house, the deck/hot tub/pool structure would be a conforming accessory structure. No objections to the structure were heard from neighbors. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of his deck and pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the requested variance, authorizing the deck, hot tub and pool addition to the house at the setbacks shown on the plan by Mark Schwartz, dated October 27, 2000, subject to the CONDITION that the 152-square-foot deck segment indicated on that plan is removed as proposed by applicant. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent.) This Resolution was duly ADOPTED (4-0). _ ".________~__._~,___._..~___._____ __.. ____.______.._____________.._~__....____._______._''"._____._._____~---~~___..________.__,___~-~--'--__c_-..,,____,_--.-.-.- ;1 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 . APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18,2001 Appl. No. 4905 - ORIENT BY THE SEA MARINAlMGH ENTERPRISES (HAAS) Parcel Location: South Side of Main Road (S.R. 25), Orient PARCEL 1000-15-9-8.1 Date of Public Hearing: January 4, 2001. FINDINGS OF FACT PROPERTY FACTS: A site plan prepared by Architechnologies, dated October 19, 2000, shows the subject property to be a parcel of 4.55 acres lying between Main Road and Gardiner's Bay in Orient. It is improved with a restaurant and a marina for commercial and recreational fishing boats. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated November 21, 2000, denying a permit to construct an accessory building because it would be 3 feet from the property line whereas Code section 121 C(1) requires a minimum setback of 20 feet. RELIEF REQUESTED: Applicant requests a variance authorizing the location of the accessory building as proposed, with a 3-foot setback from the westerly lot line. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wants to provide adequate restrooms for marina patrons, as well as some cold storage for patrons' fish and ordinary storage space for his business. He proposes to build a 20 x 40-foot structure containing these facilities. (2) The property is deep from Main Road to the Bay, but narrow, and the entire center is a boat basin. The relatively narrow strip of land between the westerly lot line and the boat basin is paved and provides vehicular access with parking spaces abutting the westerly lot line. The rational location for the proposed building is on this paved strip. Although there is open land near Gardiner's Bay, that would be a very inconvenient location for the proposed building. (3) In order to minimize interference with vehicular traffic moving through the property and using the parking spots on the westerly edge of the property, applicant wants to place the proposed building only 3 feet from the westerly lot line. The Board believes this location is desirable for vehicular and pedestrian safety. Since the land to the west is open parkland owned by New York State, construction in the proposed location will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. {" '" Page 2 - January 18, 2001 AppL No. 4905 - Orient by the Sea Marina 1000-15-9-8.1 at Orient (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicant to provide adequate restroom and storage facilities in a rational location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested variance subject to the CONDITION that the accessory structure shall at no time be used as sleeping or living quarters. Vote of the Board: AYES: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). Gerard 1'. Gochringer, Chairman James Dinizio, Jr. Lydia A Tortora Lara S. Collins George Horning Southold Town Hall . _ <.53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPEALS BOßPD ME\1BERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4826 - WILLIAM PENNEY III. Variance for proposed building width greater than 60 ft. wide. STREET & LOCALITY: Corner of C.R. 48 and Youngs Avenue, Southold; Parcel 1000-55-5- 2.2. DATE OF PUBLIC HEARING: June 8, 2000; July 6, 2000; August 10, 2000; September 14, 2000, October 19,2000; December 7,2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of a total area of 1.4963 acres located on the corner of Youngs Avenue and the south side of County Road 48 in Southold. The updated January 3, 2001 site map shows an existing one-story building (Tidy Car), detached frame building, parking areas, and the owners' proposed 80x100 ft. storage building. The property is zoned B General Business. BASIS OF APPEAL: Building Inspector's November 27, 2000 Notice of Disapproval concerning an application for a building permit to construct a proposed storage building. The reasons stated in the Notice disapproving the project reads that a "project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street" ref. Zoning Code Chapter 100, Article X, Section 100-103C. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Proposed 80x100 ft. storage area with a 24.2 ft. fully enclosed addition attached at the southwest end of the main building. The setbacks for the proposed storage areas are shown 50 feet from C.R. 48, 25 ft. setback from the west property line, and 55+- from the southerly property line, at its closest points. The addition gives the appearance of two separate buildings, with 80 ft. in width facing C.R. 48 and 30.1 ft. facing C.R. 48. The existing width is 78+- feet facing east towards Youngs Avenue. ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. Applicant wishes to construct an 80 ft. wide by 100 ft. deep storage building to house and display new inventory, including campers and truck cabs, which are currently stored outside. 2. Applicant has testified that the additional 20-ft. width in the structure is required to handle and maneuver large vehicles involved in the sale and rental of said business. Applicant further testified that the new structure would eliminate the need for outside storage of these vehicles and help improve the appearance of the property. Page 2 - January 18, 2001 Appl. No. 4826- Wmiam Penney 1000-55-5-2 at Southcld ,~~~ 3. This is a single occupancy business use with all operations under one roof (rather than as a strip mall with multiple uses, which is not permitted under Code Section 100-1 03C, added by local Law on 8-22-1995). REASONS FOR BOARD ACTION: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The new storage building should improve the appearance of the applicant's property by providing an indoor place to display and store truck cabs and campers, which are currently stored outside. The additional 20-ft. width of the structure, which is the subject of this variance, will be offset in appearance by appropriate screening set forth, and subject to this approval. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the Town Code limits the width of structures to 60 feet, and the large size of the applicant's inventory require a width of 80 feet for storage, display and maneuvering. 3. The variance is substantial and represents a 30 percent increase over the code required 60-foot width limit. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been presented to suggest that the variance granted herein would have a negative impact on physical or environmental conditions in the area. RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDITIONS: 1. This approval is subject to site plan approval by the Town Planning Board and further subject to approval by the Town Planning Board of a landscaping plan for the area between the front of the new building and County Route 48 to minimize the visual impact of the new storage building. 2. There shall be no outdoor storage of vehicles for display, storage or sale in the area between the front of the new building and County Route 48. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of indoor storage of oversized vehicles, and that the grant of this variance will preserve the character of the neighborhood, and ------ -'- -~--"--'-----'----""'-"--~~-'--"'~-'--'~'-----'---' ,------'---' ~age 3 - January 18, 2001 Appl"No. 4~26 - W.,mam Penney ' QOO-55-5-2 at Southold the health, safety, welfare of the community. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was dul adopted (4-0). /'~---~" // ,/ , " " ~," '/ ..." .,/ / ,r"" ",-'- "., // ~ . ,GÉRARD P. GOEHRIN '11". .,_ ,'" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTH OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4877 - KENNETH ROBINS. STREET & LOCALITY: 365 Pequash Ave, Cutchogue; 1000-103-7-29. DATE OF PUBLIC HEARING: January 4,2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the west side Pequash Avenue (a/kIa Fleet Neck Road) in Cutchogue. The June 5, 2000 survey shows that this lot is 16,295.15 sq. ft. in area with 81.29 ft. along Pequash Avenue. The premises is improved with a single-family frame dwelling and detached 22.1 x 26.2 frame garage located in the rear yard. BASIS OF APPEAL: Article III, Section 100-33A, based on the Building Department's August 21, 2000 Notice of Disapproval of an application for a second floor addition to an existing accessory garage with a median height to collar ties above the code limitation of 18 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to raise the roof and add storage area above the existing first floor of the garage. The height from ground to the ridge is 22'10". The first floor will continue to be used for storage or for parking purposes. REASONS FOR BOARD ACTION: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the garage exists and an increased median height of one foot over the code limitation for a storage area will not be visibly noticeable. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance except to building an addition to the dwelling which is not economically feasible or practical under the circumstances. 3. The requested area variance is not substantial, representing a variance of one foot. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has been self-created, in part, and relates to the applicant's desire to enjoy additional storage area. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of additional storage area above an existing garage, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: Page 2 - January 18, 2001 Appl. No. 4877 - Kenneth Robins 1000-103-7-29 at Cutchogue 1. That the accessory building not be converted into habitable area as an accessory structure. 2. That the height of this accessory garage not be further increased. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent was: Member Horning of Fishers Island.) This Resolution was duly adopted * * *