Loading...
HomeMy WebLinkAboutZBA-01/04/2001 i I \~~ . ~? P,¿ .<\PPEAlS BOARD MEMBERS /"(Y 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 4, 2001 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 4,2001 commencing at 6:15 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Lauren Standish (Temporary Secretary arrived 6:55+- p.m.) Absent due to illness was Linda Kowalski, Secretary. 6:15 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. RESOLUTIONS/OTHER: STATE ENVIRONMENTAL QUAUIY (SEQRAJ-RE\LIEWSlRESOLUTION, Motion was offered by Chairman Goehringer, seconded by Member Tortora, to confirm the following declarations/actions under SEQRA: Type II Actions for: Appl. No. 4901 '- Peter M. Clark Appl. No. 4907 - Ann Hurwitz Appl. No. 4904 - Cristina Hessel Appl. No. 4893 - Leonard Beckenstein Appl. NG. 4898 - Peter Psyllos Appl. No. 4905 - Haas/Orient by the Sea Marina Appl. No. 4892 - Tad Sperry Appl. No. 4895 - Charles Brienza (Project Amended) Appl. No. 4894 - Ronald Wickey Appl. No 4896 - S. Schott Appl. No. 4897 - J. Slotkin P¡age 2 "Minutes 'Meeting held January 4, 2001 Southold Town Board of Appeals SEQRA, continued: Type II Actions for: Appl. No. 4899 - M. Pollock Appl. No. 4869 - W. Mercurio (regarding Area Variance criteria addressed for Alterations/Addition) . Unlisted Actions with Negative (No Environmental Effect) Declaration Appl. No. 4902 - Rose Diachun (Fire Access) Appl. No. 4903 - L.I. Head Start - Special Exception Appl. No. 4869 - W. Mercurio - (regarding Use Variance Criteria addressed for Dormer) Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). * * * II. PUBLIC HEARINGS: The Chairman opened each of the fOllowing hearings for discussion. (For full details on discussions, please see written Transcript, prepared separately.) 6:15 p.m. Appl. No. 4877 - KENNETH ROBINS. This is a request for a Variance under Article III, Section 100-33A, based on the Building Department's August 21, 2000 \1'~_~oliCeQtDis_ap-pr{tVal of _an appticatlon for_~secQnd floOL addLtiQntQ _existjog_acces£Qry_ ,,~\, garage with a median height to collar ties above the code limitation of 18 feet. A median ~ ~ height is requested at 19 feet. Location of Property: 365 Pequash Ave, Cutchogue; Parcel ~ No. 1000-103-7-29. Architect Robert Lehnert appeared and offered information for the \' record in behalf of the applicant. RESOLUTION: After receiving testimony and information, Chairman Goehringer offered a motion, seconded by Member Tortora, to close (conclude) the hearing, reserving decision until later. This Resolution was duly adopted (5-0). CANCELED HEARING: The next hearing, Appl. No. 4896 - Schott, was canceled; Chapter 58 Notices were not able to be sent by applicants, and a new hearing date was requested by applicants, and confirmed by the Chairman, for a new hearing to be held at the February hearing calendar. Appl. No. 4896 - STEPHEN SCHOTT. This is a request for a Variance under Article III, Section 100-33, and Article XXIV, Section 100-244B, based on the Building Department's October 30, 2000 Notice of Disapproval for a deck addition to existing one-family dwelling with a rear yard setback at less than fifty feet, and an accessory building in a side yard location with the new deck addition. Location of Property: 1235 Cedar Drive, East Marion; Aquaview Park Lot 11; 1000-22-2-44. ~'~.'_~-~~."--'--"""-'-~~----~'--~~-""7~"'~~"'___' ----.-~_.___~._.,_..,..,______~__,-.~-""-__-.___~.~_._.~~-'C-","'''' Pflge 3 ') Minutes 'Meeting held January 4, 2001 Southold Town Board of Appeals II. PUBLIC HEARINGS. continued: 6:25 p.m. Appl. No. 4901 - PETER M. CLARK. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's November 15, 2000 Notice of Disapproval for a new single-family dwelling with: (1) a proposed front yatrd setback is less than 35 feet and less than the average established setbacks within 300 feet of 14 feet; and (2) total side yards at less than 25 feet. Location of Property: 455 Flint Street, Greenport, NY; Parcel No. 1000-48-2-10. Mr. Clark appeared and offered information regarding his application. RESOLUTION: After receiving testimony and information, Member Dinizio offered a motion, seconded by Member Collins, to approve the application as applied for. 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. --~-- 6:45 p.m. Appl. No. 4907 - ANN HURWITZ. This is a request for a Variance under Article III, Section 100-33, and Article XXIV, Section 100-244B, based on the Building Department's November 30, 2000 Notice of Disapproval regarding an addition to existing one-family dwelling with a side yard setback at less than 10 feet. Location of Property: ,60 Rambler Court, Southold; Terry Waters Lot 16; Parcel 1000-88-5-36. Mr. Albert Fickiessen, Builder, appeared and offered information for the applicant. RESOLUTION: After receiving testimony and information, Member Dinizio offered a motion, seconded by Chairman Goehringer, to approve the application as applied for. 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 thougb__fufut written in its entirety. _ ___~~~~m_ ________ u___~______..__~_ u__~_~__~ -.-....--..-.----..------ 6:50 p.m. Appl. No. 4904 - CRISTINE HESSEL. This is a request for a Variance under Article XXIV, Section 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 feet from the rear property line at 40300 Main Road, Peconic; Peconic Bay Cove Lot No.2; Parcel No. 1000-86-4-1.4. Mr. Joe Como and Cristine Hessel appeared and offered information for the record. Opposing the application were Mr. and Mrs. Eric Parma, and Monica Newer, adjacent property owners. Board members requested copies of the deed and covenants and restrictions, if any, regarding the common driveway. Also speaking with concern was Mr. Gossner. RESOLUTION: After receiving testimony and information, a motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing for a continuation on January 18, 2001. This Resolution was duly adopted (5-0). 6:55 p.m. Appl. No. 4903 - L.I. HEAD START as Tenant (formerly occupied by the Church of the Open Door). This is a request for a Special Exception under Article III, Section 100-31 B( 4) of the Zoning Code, and as required by ZBA Decision dated October 19, 2000, Pflge 4 -; Minutes , Meeting held January 4, 2001 Southold Town Board of Appeals PUBLIC HEARINGS, continued: File No. 4880. Applicant is requesting an expansion of a Nursery School to the upper level. Location of Property: Lot No.3, Map of Salvatore Catapano; 1850 Main Bayview Road, Southold, NY; Parcel 1000-75-4-28. J. P. Lardoux, Architect, appeared in behalf of the applicant and offered information for the record. RESOLUTION: After receiving testimony and information, a determination was rendered approving the amendment. 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. 7:00 p.m. Appl. No. 4893 - LEONARD BECKENSTEIN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's September 13, 2000 Notice of Disapproval for a building permit to construct an addition to an existing dwelling. The addition is proposed with a rear yard setback at less than 50 feet. Location of Property: 830 Jackson Landing, Mattituck; Parcel 1000-113-6-4. Architect Mark Schwartz, of Congdon and Cronin, appeared and offered information for the record. RESOLUTION: After receiving testimony and information, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, reserving decision until the next meeting, January 18, 2001. This Resolution was duly adopted (5-0). 7:10 p.m. Appl. No. 4898 - PETER PSYLLOS. This is a request for a Variance under Article III, Section 100-32 based on the Building Department's September 13,2000 Notice of Disapproval regarding a building permit for an as built in-ground pool and raised patio. The .... n n. _n___.~,ªª§ºOJ~[O_vjc: ~g_irrlheºj-ª-ª-RRro'{ª,n§tat~~tl1nªJ the__p[º-ººse_~Lpioj~Çt acl<:lª_~§OO.¡..-:_sgua@JE!~t of additional lot coverage, which will exceed the code limitation of 20 percent. Location of Property: 2867 Ruth Road Extension, Mattituck; 106-1-1.11. Engineer Joseph Fischetti appeared and offered information for the record in behalf of the applicant. The Board Members asked for a correction or confirmation of the actual lot coverage percentage and calculations before January 18, 2001 from Mr. Fischetti. Opposing the application was Mr. Warren Brady, adjacent property owner. RESOLUTION: After receiving testimony and information, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close (conclude) the hearing, reserving decision until the next meeting, January 18, 2001. This Resolution was duly adopted (5-0). 7:10 p.m. Appl. No. 4905 - ORIENT BY THE SEA MARINA/MGH ENTERPRISES/ROBERT HAAS. This is a request for a Variance under Article XII, Section 100-121C.1 based on the Building Department's November 21, 2000 Notice of Disapproval regarding a building permit to locate an accessory rest-room/storage facility at less than twenty (20) feet from a lot line. Location of Property: Main Road, Orient; Parcel 15-9-8.1. Mr. Robert Haas and Architect Frank Notaro both appeared and offered information for the record regarding this application. RESOLUTION: After receiving testimony and information, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly ---'->'~--~""'~'""'-------'----'~~----~"-----~'~----'--'~"_,--._--.----.~_~-._..~_,,......,..---.,~,.-_,----___o__-~-.._.,.~__~____~._~,~_-,____~~__ ~. ~} Page 5 - Minutes Meeting held January 4, 2001 South old Town Board of Appeals PUBLIC HEARINGS, CONTINUED: carried, to close (conclude) the hearing, reserving decision until the next meeting, January 18, 2001. This Resolution was duly adopted (5-0). 7:20 p.m. Appl. No. 4892 - TAD SPERRY. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Department's July 3, 2000 Notice of Disapproval regarding a building permit for a proposed renovation and addition to one-family dwelling, disapproved on the following grounds: Proposed dwelling on 8712 sq. ft. Lot to be located 1-112 ft.+- from front yard lot line at several points on Midlothian Avenue on south side. Existing nonconforming setback five feet on that frontage. Construction not permitted when such action creates any new nonconformance or increases the degree or nonconformance with regarding to regulations pertaining to such buildings. Location of Property: Equestrian and Midlothian Avenues, Fishers Island; 1000-9-4-14.1. There was no one present to speak at this time regarding this application, but the Board reviewed the application in detail prepared by Susan Young, Architect, and heard comments from Member Horning of Fishers Island. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISION: Following the close of the hearing, a determination was rendered by the Board to approve Appl. No. 4892 as applied for, in the Matter of Tad Sperry. 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. PUBLIC HEARINGS, continued: 7:35 p.m. Appl. No. 4895 - CHARLES BRIENZA. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's October 26, 2000 Notice of Disapproval regarding building permit (#266782) for a portion of dwelling at less than 50 feet from the front property line. Location of Property: 1240 Latham Lane, Orient; Parcel 1000-15-9-1.5. Mr. Robert Brown, of Fairweather Brown Architects, Inc. appeared and offered information for the record in behalf of the applicant. RESOLUTION: Following receipt of testimony and information, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the hearing and approve the variance as applied for. 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. Page 6 - Minutes Meeting held January 4, 2001 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 7:45 p.m. Appl. No. 4894 - REV. RONALD WICKEY. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's October 24,2000 Notice of Disapproval regarding building permit request for a deck addition to dwelling which will have a side yard at less than 15 feet and a rear yard setback at less than 50 feet. 2305 Glenn Road, Southold; Parcel 1000-78-1-31. Architect Mark Schwartz of Congdon and Cronin, Engineers appeared and offered information in behalf of the applicant. RESOLUTION: After receiving testimony and information, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until the January 18, 2001 calendar. This Resolution was duly adopted (5-0). 7:55 p.m. Appl. No. 4897 - JAY P. and JOANNE DAVIS SLOTKIN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's October 30, 2000 Notice of Disapproval regarding a building permit for a proposed addition at less than 40 feet from the front property line at its closest point. Location of Property: 50 Ackerly Pond Road and north side of State Route 25, Southold, NY; Parcel 1000-70-5-4. Architect Garrett Strang appeared and offered information for the record in behalf of the applicants. RESOLUTION: After receiving testimony and information, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISION: Following the close of the hearing, a determination was rendered by the Board to approve Appl. No. 4897 as applied for, in the Matter of Jay P. and Joanne Davis Slotkin. 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. 8:05 p.m. A short break was taken at this time. 8:10 p.m. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to reconvene the meeting and to proceed with the next agenda item, as follows: PUBLIC HEARINGS, CONTINUED: 8:10 p.m. Appl. No. 4844 as Amended - DONALD BUSKARD. This is a request for the following Variances based on the Building Department's June 14, 2000 and November 8, 2000 Notices of Disapproval: (1) Proposed construction will exceed the code limitation of 20% lot coverage, Article XXIV, Section 100-244B; (2) the swimming pool is proposed partly in a side yard instead of entirely in the rear yard, Article III, Section 100-33 (3) a rear addition to dwelling is proposed with a rear yard setback at less than the existing 25 ft. setback, or the code requirement of 35 feet, Article XXIV, Section 100-2448. Location of Page 7 - Minutes Meeting held January 4, 2001 Southold Town Board of Appeals PUBLIC HEARINGS, continued: Property: 2705 Gillette Drive, East Marion; Parcel 1000-38-3-18. Fairweather Brown Architects, Inc. appeared and offered information for the record in behalf of the applicant. Board Member(s) requested information regarding proper drainage, pump location, and other information. RESOLUTION: After receiving testimony and information, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to RECESS the hearing without a date. This Resolution was duly adopted (5-0). 8:15 p.m. Appl. No. 4899 - M. and J. POLLOCK. This is a request under Article II, Section 100-26, for a Lot Waiver of property referred to as District 1000, Section 110, Block 1, Lot 10, which property is merged with an adjacent parcel known as 1000-110-1-9. A Notice of Disapproval (merger determination) was issued September 22, 2000 by the Building Department for the reason that the lots have been held in common ownership after July 1, 1983. Location of Property: 2700 and 2600 West Creek Avenue, Cutchogue. Each lot contains less than 40,000 sq. ft. of land area. Attorney Deborah Doty appeared and offered information for the record in behalf of the applicants. RESOLUTION: After receiving testimony and information, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until the January 18, 2001 meeting. This Resolution was duly adopted (5-0). 8:30 p.m. Appl. No. 4902 - ROSE DIACHUN. This is a request for a Variance under New York Town Law, Section 280-A and Section 100-235A of the Zoning Code, and the Building Inspector's Notice of Disapproval, and for minimum construction standards for safe and sufficient access for emergency and other vehicles to travel over designated rights-of- way, extending in a northerly direction off the north side of Peconic Bay Boulevard, Laurel, v( over lands identified as District 1000, Section 127, Block 8, Lot 17.3 and 17.4, and District (jJv 1000, Section 127, Block 3, Lot 8 and 9.2. The applicant's property is known as 430 Diachun Road, Laurel, NY; District 1000, Section 127, Block 3 Lot 10 and 9.1. Attorney Richard Lark appeared in behalf of the applicant and offered information for the record. RESOLUTION: After receiving testimony and information, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until the January 18, 2001 meeting. This Resolution was duly adopted (5-0). 8:45 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. Patricia Moore, Esq. appeared with the applicants and ~ offered information concerning this request. RESOLUTION: After receiving testimony and \r information, a motion was offered by Chairman Goehringer, seconded by Member Tortora, Page 8 - Minutes . Meeting held January 4, 2001 Southold Town Board of Appeals and duly carried, to RECESS the hearing for a continuation about 7:25 p.m. on January 18, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0) III. DELIBERATIONS: W. Penny Application carryover from last meeting. The Board decided not to make a determination until they have had a chance to review the latest map received January 4, 2001 (today). IV. RESOLUTIONS/UPDATES/OTHER: Agenda Items A & C. RESOLUTION: Chairman Goehringer offered a motion, seconded by Member Tortora, and duly carried, to confirm the hearing calendar for February, and to authorize advertisement in the time periods required by New York Town Law: Appl. No. 4908 - C. CIAGLO, JR. Appl. No. 4911 - MANOR GROVE CORP.,and W. MOTT. Appl. No. 4896 - S. SCHOTT. Appl. No. 4917 - R. H. CHILTON. Appl. No. 4900 - M. and J. TAESCHER. Appl. No. 4913 - L. TIRADO. Appl. No. 4914 - O. MORREL. Appl. No. 4915 - MANOR GROVE CORP. and P. DENICOLA. Appl. No. 4916 - C. MILLMAN. Appl. No. 4910 - N. BUBANY. Appl. No. 4837 - H. CASHY. ~-----Appl.~Nö. 4~r18=~W~-anâT. ·ACKERMANN. Appl. No. 4876 - G. and M. SCHLAEFER (1670 House). . Appl. No. 4909 - J. and P. McNAMARA. Appl. No. 4906 - V. and R. LYNCH. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). * * * Agenda Item B. SPECIAL MEETING CONFIRMED: The Chairman confirmed that the Special Meeting, scheduled for January 18, 2001, will start at 6:30 p.m. instead of 6:45 p.m., and a reminder that the following two hearings are carryovers for continuation: Appl. No. 4904 - CRISTINE HESSEL, and Appl. No. 4869 - WILLIAM MERCURIO. Agenda Item D. RESOLUTION: Motion was offered by Chairman Goehringer, \ \~ 2\\\ ., Page 9 - Minutes ¡- Meeting held January 4, 2001 Southold Town Board of Appeals \\ 1J~\ .~'¿ , ~ ,,)/\ ..t-f ?~ --0 seconded by Member Tortora, and duly carried, to approve the Minutes for the December 7, 2000; September 14, 2000; September 6, 2000; April 6, 2000; May 4th; Aug. 1, 2000 Meetings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). * * * V. EXECUTIVE SESSION (none held). * * * There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at approximately 10:50 p.m. Respectfully submitted, ~dtL ~/l-Wh - Linda Kowalski ~/;¡, 0 Secretary /~ ( RECEIVED c/~ ~-,/?¡Off) MAR 1 2001 ~~~~.;;L../O< 9d4 - Š~¡;;;ídT;~~ Clerk 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 è APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 4, 2001 Appl. No. 4'g95 - CHARLES BRIENZA 1000-15-9-1.5 Location of Property: 1240 Latham Lane, Orient Date of Public Hearing: January 4,2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 41,346 sq. ft. waterfront parcel located on the Long Island Sound. The lot has 135 ft. frontage along the north side of Latham Lane and lot depth along the east/southeast side of 193.38 ft. BASIS OF APPEAL - Building Inspector's Notice of Disapproval dated October 26,2000, denying an application for a permit to build a dwelling because it the front of the dwelling will be less than 50 feet from the front property line as required by Code Section 100-244B. RELIEF REQUESTED: Applicant requests a variance authorizing the front porch of the dwelling at 56 feet, with an encroachment of four feet as shown on the sketch of plan dated October 30,2000 prepared by Fairweather-Brown, Architects. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties. The variance requested is for a small corner section of the front porch column and roof which encroaches into the' 50 ft. front yard approximately 3'6". The remainder of the porch conforms to the required front yard and the area involved in the variance request is small. (2) The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than a variance because the applicant's initial survey failed to identify a 13-ft. contour, which places the corner section of the porch in the required front yard, but which was not discovered until the residence and porch were under construction. The applicant would not be permitted to complete the porch without a variance. (3) The amount of relief requested is not substantial. The variance is for a small corner section of the front porch. (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 suggest that the proposed construction will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2 - January 4, 2001 ZBA Appl. No. 4895 - C. Brienza Re: 1000-15-9-1.5 (5) The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goe . ger (Chairma , InIZI, ra, Horning, and Collins. This Resolution / ~d (5- .. ~ ,,¡/'/ GERARD P. GOEHRINGER CHAIRMAN -------.._----- 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 4, 2001 Appl. No. 4901 - PETER M. CLARK STREET & LOCALITY: 455 Flint Street,Greenport DATE OF PUBLIC HEARING: January 4,2001. 1000-48-2-10 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the north side of Flint Street, Greenport and is referred to as Lot 86 on the Map of Greenport Driving Park, Filed Map No. 369, filed December 1, 1909. The property is presently vacant and has a frontage of 50 feet on Flint Street, and lot depth of 84.17 ft. on the west side and lot depth of 95.72 feet on the east side to the Long Island Railroad. The total lot size is 4,497 sq. ft. BASIS OF APPEAL: Building Inspector's November 15, 2000 Action of Disapproval for the reason that a new single-family dwelling is proposed with a front yard setback at 6 feet, when the average setback within 300 feet is 14 feet, and (2) with a combined side yard area of 22.1 feet, when the code requirement is 25 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a front yard setback at six (6) feet and combined sides of 22.1 feet for a new single-family dwelling. REASONS FOR BOARD ACTION: (1) Granting of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed dwelling will match the established setback of the neighboring dwelling, and the side yard setback appears to be close in conformity with other similar side yard setbacks in the area. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot is small (4,497 sq. ft.) as is the size of the proposed dwelling, moving the house back to meet the code required minimum would cause it to be built closer to the railroad tracks near the rear property line. (3) The amount of relief requested is not substantial. (4) The proposed variance will not have an adverse effect, alter or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new dwelling, and that the grant of this Page 2 - January 4, 2001 Appl. No. 4901 - Peter M. Clark 1000-48-2-10 at Greenport 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. VOTE OF THE BOARD: AYES: Members Goehrin Horning. This Resolution was duly adopted (5- . 'GERARD P. GOEHRINGER, CHAIRMA ¿- Gerard P. Goehringer, Chairman James Dinìzio, 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 4, 2001 Appl. No. 4907 - ANN HURWITZ STREET & LOCATION: 60 Rambler Court, South old 1000-88-5-36 DATE OF PUBLIC HEARING: January 4,2001 FINDINGS OF FACT PROPERTY FACTSIDESCRIPTION: The applicant's property contains 13,090 sq. ft. of land area and fronts along the south side of Rambler Road Extension, Southold. The lot is improved with a single-family 1-1/2 story dwelling situated at 39+- feet from the front property line, 75 feet from the rear property line. The rear screen porch at the southeast comer of the house has combined side yards at 18 feet from the west side line and 9.3+- feet from the east side line. BASIS OF APPLICATION: Building Department's November 30, 2000 Notice of DisaplProval for the reason that the permit application for an addition to one-family dwelling does not meet the minimum side yard of ten (10) feet, pursuant to Article XXIV, Section 100-244B. AREA VARIANCE RELIEF REQUESTED: A 9.5 x 11+- screened porch at the rear of the dwelling, having a setback of 9.3 feet from the east side property line at its closest point. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) The grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. This 8" reduction will not be visually noticeable, and the new construction will replace an existing structure within the same footprint. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. A structure existed in this same location for approximately 10 years, and the applicant only wants to reconstruct a new porch in the same footprint. (3) The requested area variance is not substantial, representing less than nine inches. (4) The screened porch will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems the grant of an increased lot coverage for a screened porch, as the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the Page 2 - January 4, 2001 ZBA Appl. No. 4907 - A. Hurwitz Parcel 1000-88-5-36 at Southold community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, provided the easterly side yard setback not be reduced to less than the requested 9.3 ft. AND HORNING. -'''--'~-~-~~''_~~--'"'~'~-~-'--''--,,-_.__.,--.,.----,.---._..-'---"'--'--~-'-'--"-'------ 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 SOUTH OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 4, 2001 Appl. No. 4903 - L.I. HEAD START CHILD DEVELOPMENT SERVICES. INC. STREET & LOCATION: 1850 Main Bayview Road, Southold 1000-75-4-28 DATE OF PUBLIC HEARING: January 4,2001 FINDINGS OF FACT PROPERTY FACTS: The subject property comprises 5.0 acres off the west side of Main Bayview Road in Southold. It is improved with a building formerly used as a church, which includes several classrooms. Applicant occupies the property as tenant. APPLICANT'S REQUEST: On October 19, 2000, under Application No. 4880, this Board granted applicant a Special Exception pursuant to Code section 100-31(B)(4) authorizing operation of a nursery school on the lower level of the building. Applicant stated at that time that a request would be made for authorization of additional nursery school space on the upper floor, and it is that request which is being made in the current Application. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) Applicant presented materials showing that the upper floor of the building will be used for one classroom for up to 18 children, plus office and meeting space. Each of the three classrooms on the lower level accommodates up to 18 children. The Board understands that applicant has authorization from relevant authorities to operate a nursery school for 72 children. The three existing classrooms plus the proposed additional one would accommodate this number. (2) Applicant stated that all information presented in Appl. No. 4880 remains correct. No objections to, or comments about, applicant's operation was submitted to the Board. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, that the findings set forth in the Board's grant of a Special Exception under Appl. No. 4880 are deemed restated in their entirety, and that such Special Exception is AMENDED to authorize applicant to conduct a nursery school on the subject for up to 72 children. VOTE OF THE BOARD: AYES: Members and Horning. This Resolution was duly adopted -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 4, 2001 Appl. No. 4892 - TAD SPERRY 1000-9-4-14.1 STREET & LOCATION: Equestrian and Midlothian Avenues, Fishers Island DATE OF PUBLIC HEARING: January 4, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's lot is .16+- of an acre with frontage along Equestrian Avenue and Midlothian Avenue (unimproved). The lot is improved with a dwelling situate as shown on the March 10, 1999 survey prepared by Chandler, Palmer & King, with a dwelling and two accessory buildings. BASIS OF APPLICATION: Applicant applied on March 8, 2000 to the Building Department for a permit "for renovation and addition to one family dwelling." After review the application, the Building Department issued a July 3, 2000 Notice of Disapproval for a dwelling at 1-1/2 feet from the front property line at several points on Midlothian Avenue, for the reason that such construction is not permitted under Article XXIV, Section 100- 242A if the project will create "any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a new deck and entrance stair and deck, and renovations to the existing dwelling as shown in Exhibit on the Floor Plans (Exhibit 14) and Site Plan (Exhibit 5) prepared by Susan E. Young, Architect. The southerly setback from the proposed addition to the property line will be reduced from 5'7" to 1'3" at its closest points. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Granting of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck addition will have a front yard setback of no less than 80+- feet from the improved Town road, also known as Equestrian Avenue. There will be a setback of 1.5+- feet on the unimproved Town right-of-way called Midlothian Avenue. However, Midlothian Avenue is a "paper road" only and is an un-used right-of-way that is very unlikely to ever be developed or improved. All of the adjacent properties bordering upon Midlothian Avenue are accessed by way of other improved Town roads, and none of these properties utilize Midlothian Avenue for access of any kind. 2. The benefit sought. by applicant cannot be achieved by some method, feasible for Page 2 - January 4, 2001 Z8A Appl. No. 4892 - Tad Sperry Parcel 1000-9-4-14.1 at Fishers Island appellant to pursue other than an area variance because this modest-sized nonconforming, preexisting single-family residence is situated upon a very small and irregularly shaped parcel. Within its front yard area, it borders the improved road, Equestrian Avenue, and also a private right-of-way that this parcel shares with one neighbor. Furthermore, this property also borders the unimproved and vacant "paper street" named Midlothian Avenue in what the Zoning Code defines as a "street" side or front yard, that would otherwise be considered to be a side yard of the property. Therefore, the applicant requires an area variance in order to make the improvements that they seek in this application. 3. The requested area variance is substantial. The variance as approved allows for an increase in the nonconformity of the building by reducing an already nonconforming setback from 5'7" to 1 '3" from the edge of Midlothian Avenue. However, the determining factor in approving this particularly variance is the fact that this "paper street" is unimproved, un-used, and inaccessible to any traffic, including pedestrians. This status is extremely unlikely to change within the foreseeable future. 4. The variance has not been self-created. This small parcel with its preexisting nonconformity has a further hardship since interpretation of the code shows that this property has three front yards. 5. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck addition will not create any change to the existing conditions in the neighborhood. 6. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of renovations and an addition to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, ~IZ. Di iZ..:iO, I o~.'. Tort W"~~ns~or.ning. This Resolution was duly adopted (5-0). /~~r/~~ / ~r'7~ OKr/!7)r GERARD P. GOEHRINGER CHAIRMAN Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning SoutholdTown 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 4, 2001 Appl. No. 4897 - DR. and MRS. JAY P. SLOTKIN 1000-70-5-4 STREET & LOCATION: 49725 Main Road, and 50 Ackerly Pond Lane, Southold DATE OF PUBLIC HEARING: January 4, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is improved with a 1-1/2 story wood frame professional office building and accessory frame garage. The property contains 26,797 sq. ft. in area. BASIS OF APPLICATION: Building Inspector's October 30, 2000 denial of applicants' request for a building permit to construct addition to an existing professional office building, for the reason that the addition is less than 40 feet from the front property line along Ackerly Pond Lane. RELIEF REQUESTED: Applicants request a setback of 20 feet from the westerly front property line along Ackerly Pond Lane for a proposed 1,375 sq. ft. addition. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties. The variance requested is due to a small jog created by the New York State Department of Transportation for drainage purposes. A major portion of the front yard on the west of this building conforms to the minimum 40 ft. front yard requirement of the Code. (2) The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than a variance. (3) The amount of relief requested is not substantial. The variance is for a very small section of the property. (4) No evidence has been submitted to suggest that the proposed construction will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The action set forth below is the minimum necessary to enable applicant to build an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Member Collins, it was Ý, on. Page 2 - January 4, 2001 Z8A Appl. No. 4897 - Dr. and Mrs. J. Slotkin Parcel 1 000-70-5-4 at Southold RESOLVED, to GRANT the variance, as applied for. / ¿:;/ VOTE OF THE BOARD: AYES: Members Goe~fjAg'er (Chair Collins ~ This Resolution was dylv"adopted -). / ~ GERARD P. GOEHRINGER CHAIRMAN