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HomeMy WebLinkAboutZBA-09/01/2005 SPECAPPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 1,2005 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED DEC I 9 2005 Southold Town Clerk A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, First-Floor Conference Room, 54375 Main Road, Southold, New York 11971-0959, on Thursday, September 1, 2005 commencing at 6 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Vincent Odando, Member James Dinizio, Member Michael A. Simon, Member Linda Kowalski, Secretary Absent was: Gerard P. Goehringer, Member 6 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/DECISIONS. The Board delibereted on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: Aoorovals with Conditions: ZBA File 5738 - Charles and Kathleen Watson ZBA File 5729 - Peter Sherwin ZBA File 5745 - Lawrence and Sherri Kelly Denials with Grant of Alternate Relief with Conditions: ZBA File 5733 - Shoreline Development Corp. ZBA File 5754 - Andrew and Dawn Duerwald ZBA File 5757 - Richard and Eleanor Coffey Aoorova/s as Aol~/ied: ZBA File 5739 - BCB Realty Holding Corp. ZBA File 5744 - Otto and June Schoenstein (lot waiver) ZBA File 5747 - Rose Hajek ZBA File 5743 -William and Barbara Clayton Page 2 - Minutes Meeting held September 1,2005 Southold Town ZonLng Board of AppeaLs A~l~rovals as A~Dlied, continued: ZBA FiLe 5752 -Anton Bettler and Maria Milne ZBA File 5741 - Jane Cockerill ZBA File 5756 - Mark Palladini ZBA File 5755 - Lois Amend ZBA File 5751 - Edward A. Linker, Jr. Denial: ZBA File #5740 - Joyce Orrigo (lot waiver) RESOLUTIONS/OTHER: (Agenda Item IV): A. SETTING OF 9/29/05 PUBLIC HEARINGS: Motion was offered by Member OrLando, seconded by Chairwoman Oliva, and duly carried, to authorize advertising of new applications in complete form for public hearings to be held on Thursday, September 29, 2005 commencing at 9:00 a.m.: 9:00 a.m. JOHN and ANTOINETTE ROBERTSON #5776. Request for a Variance under Section 100-33, based on the Building inspector's August 11, 2005 Notice of Disapproval and August 23, 2005 updated review determination. The reason stated for disapproving the building permit application is, that after construction of the proposed additions, a nonconformance will be created for the side yard placement of the existing accessory garage (presently in the code- defined rear yard). Location: 1350 Madene Lane, Mattituck; CTM 144-2-37. 9:05 a.m. THOMAS ANDERSON #5782. Request for a Variance.under Sections 100-242A and 100-244, based on the Building Inspector's August 25, 2005 Notice of Disapproval for proposed addition with alterations to the existing dwelling which is less than 50 feet from the rear lot line. The proposed addition to add a partial story will constitute an increase in the degree of nonconformance. Location: 1240 Love Lane, Mattituck; CTM 140-1-23.1. Zone District: Marine II. 9:10 a.m. ROMAN WATROBA #5774. Request for a Vadanca under Section 100-244, based on the Building Inspector's August 9, 2005 Notice of Disapproval, for a proposed addition et less than 35 feet from the front lot line, at 775 Midwood Road (a/k/a 70 Pinewood Road), Cutchogue; CTM 110-2-17. 9:15 a.m. RICHARD and MARIE SCHULKEN 5771. Request for a Variance under Sections 100-242A and 100-244, concaming proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yard total, end lot coverage in excess of the code's 20% limitation on this 4,158 sq. ff. lot. The new construction will constitute a new nonconformance and increase the degree of existing nonconforrnanca. Location: 10435 Peconic Bay Boulevard, Mattituck; CTM 144-1-24. 9:20 arm, TERRI ANN DiVELLO (and FRANK L. RAYNOR and BERTHA RAYNOR with Life Estate/Tenancy) #5777. Request under Zoning Code Section 100-31 B, for a Special Exception concerning an Accessory Apartment, proposed to be modified after alterations and additions to the existing dwelling. (Special Exception No. 4665 was issued with conditions on April 22, 1999 for the existing dwelling.) Location: 3376 Wickham Avenue, Mattituck; CTM 107-9-15. 9:30 a.m, BENEDICT POLLIO #5753. (As of 9/27 await current survey with setbacks of all homes and wetland boundary areas requested by Board Member(s); carryover from 8/18 PH). Request for a Variance, based on the Building Department's March 22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is that Section t00-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except ,.. (1) One-family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling. Location: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1. 9:35 a.m. MARY R. RAYNOR #5711. (As of 9/26 await amended survey, FEMA letter regarding 2005 requirements for elevation of first flcor and necessary foundation changes (if any); also possible attendance by attorney for adjacent landowners; carryover from 8/18 PH.) Request for Variances under 100-242A and 100-244, based on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning new first floor foundation construction, new second-story addition, and new deck increasing the degree of nonconformance as proposed with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with lot coverage exceeding the code limitation of 20%, at 575 Beachwood Road, Cutchogue; CTM 116-4-21. (After receiving testimony, Resolution to continue headng process at request of Olsen & OIsen, LLP to 9:30 am Sept. 29, 2005.) 9:40 a.m. PAUL MALONEY #5748. (9/27 received corrected maps from Peter Heard contirming increased setbacks as amended for garage.) Request for a Variance under Section 100-33, based on the Building Department's June 6, 2005 Page 3 - Minutes Meeting held September 1,2005 Southold Town Zoning Board of Appeals Notice of Disapproval conceming a new accessory garage proposed in a front yard at less than 40 feet from the code- required front lot line, at 1020 Goose Creek Lane, Southold; CTM 78-8-3. 10:00 a,m. THOMAS DeMAGGIO #5758. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 30, 2005 Notice of Disapproval concerning a new addition which will create a new nonconformance and/or increase the degree of nonconformance when located at less than 10 feet on a single side yard, at 735 Smith Road, Peconic; CTM 98-4-8. 10:05 a.m. ANTHONY and JOANNE KROPP #5760. Request for Variances under Sections 100-33 and 100-244, based on the Building Inspector's July 12, 2005 amended Notice of Disapproval concerning: (a) proposed additions and alterations at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a location at less than the code-required five (5) feet. Location of Property: 360 Riley Avenue, Mattituck; CTM 143-5-8. 10:1,5 a.m. PAUL and LINDA ZENESKI #5767. Request for a Variance under Section 100-33, based on the Building Inspector's July 13, 2005 Notice of Disapproval, concerning construction of an accessory garage, proposed partially in the side yard instead of the rear yard at 365 Jasmine Lane, Southold; CTM 70-1-6.3. 10:20 a.m. ALFRED and MARY KNAPP #5761. Request for a Variance under Section 100-33, based on the Building Inspector's May 13, 2005 Notice of Disapproval, for an accessory carport proposed in a front yard instead of the code- required rear yard, at 3120 Soundview Avenue, Peconic; CTM 68-4-9. 10:25 a.m. ANDREW and ANN MONACO ¢h5769. Request for a Variance under Section 100-239.4A based on the July 11, 2005 Building inspector's Notice of Disapproval, concerning a proposed deck addition at less than 100 feet from the top of the bank or blL~ft of the Long Island Sound. Location: 65 Aquaview Avenue, East Marion; CTM 21~2-1. (Prior conditions are also noted under ZBA No. 4085 for limitations on the bluff setback for construction.) 10:35 a.m. MARGARET TRAVIS RADACINSKI #5770. Request for a Variance under Section 100-244, based on the Building Inspector's August 11, 2005 Notice of Disapproval, concerning deck additions to the existing dwelling st less than 40 feet from the front lot line and less than 50 feet from the rear lot line, on this 21,484 sq. ft. corner ~ot. Location of Property: West Side of Sound Road and 69435 C.R. 48 at intersection with NYS Route 25, Greenport; CTM 35-1-8. 10:45 a.m. THEODORE HARRIS #5773. Request for Variances under Sections 100-32 and 100-242A, based on the Building inspector's April 27, 2005 Notice of Disapproval, concerning proposed additions and alterations with an increase in the degree of nonconformance when located less than 60 feet from the front lot line, at 3805 Alvahs Lane, Cutchogue; CTM 101-2-24.4. 10:55 a.m. ALBERT and BARBARA REIBLING #5775. Request for Vadancas under Sections 100-30A.3 and 100-244, based on the Building Inspector's August 3, 2005 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling on this 8,712 sq. fi, lot, which will increase the degree of setback nonconformance when located less than 35 feet from the rear property line, and under Section 100-239,4B for new construction at less than 75 feet from the bulkhead. Location: 75 island View Drive, Greenport; CTM 57-2-32. 1:00 p.m. MARIA TRUPIA #5768. Requests for: (a) Special Exception for a two-family dwelling under Section 100-31B, and (b) Lot Size Variance under Section 100-32, Bulk Schedule, for a two-family dwelling on a lot containing less than 80,000 square feet. In the event a vadance and special exception is not granted, authorization is requested for occupancy in a unit of the existing dwelling to care for family member(s) altered and enlarged for separate living floor area accessory to the single-family dwelling. Location: 105 Brewer Road, Maftituck; CTM 107-8-34. Zone: R-40 Residential. 1:10 p.m. PETER IZZO #5765. Request for Variances under Section 100-244, based on the Building Inspector's June 9, 2005 Notice of Disapproval concerning deck construction, open to the sky, and outside additions with shower stall, as-built at less than 15 feet on a single side yard and less than 35 feet for combined side yards, at 1435 Vanston Road, Cutchogue; CTM 111-4-13. 1:20 p.m. MARY BUTZ #5772. Request for a Vadance under Section 100-33, based on the Building Inspector's July 29, 2005 Notice of Disapproval concerning a proposed accessory swimming (lap) pool at less than the code-required 40 feet from the front lot line, at 2022 Hyatt Rd., Southold; CTM 50-1-21. 1:30 p.m. PETER SABAT #5763. Request for a Vadance under Section 100-244, based on the June 24, 2005 Notice of Disapproval concerning a deck, open to the sky, with gazebo addition to the existing single-family dwelling, as-built in a location less than the code-required 35 feet from the rear lot line, at 4895 Peconic Bay Boulevard, Laurel; CTM 128-1-17. 1:40 p.m. JAMES and DENISE MARTIN #5742. Request for Variances under Sections 100-33 and 100-231, based on the Building Inspector's August 3, 2005 amended Notice of Disapproval, concerning: (1) the proposed ~ocation of a tennis court and an as-built accessory shed, both less than 60 feet from the front lot line, and (2) proposed fencing which will exceed the code's 4 ft. height limitation when located in a front yard and will exceed 6.5 ft. height limitation when located in a side yard. Location: 1695 Meadow Beach Lane, Mattituck; CTM 116-4-31. Page 4 - Minutes Meeting held September 1,2005 Southold Town Zoning Board of Appeals 1:50 PM RE-HEARiNG (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680. Request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location: 1755 Truman's Path, EastMarion;CTM31-13~-. 2:15 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location: 1755 Trumans Path, East Marion; CTM 31-13-4. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Resolution was duly adopted (4-0-1). IV. RESOLUTION/UPDATED REVIEWS/OTHER, continued: B. RESOLUTION: After considering new information and recent ZBA Restraining Order signed by Chairwoman Oliva, and new ZBA Appeal documentation filed by Jennifer B. Gould, resident and owner of 1820 Truman's Path, East Marion (immediately adjacent to land of the W. and M. Bollman, the following resolution was adopted: On motion offered by Member Simon, seconded by Member Dinizio, IT WAS RESOLVED, to advertise Appeal No. 5680 in the Matter of W. and M. BOLLMAN, for a rehearing, to be held at the Southold Town Hall, Meeting Room, 53095 Main Road, Southold, New York, on Thursday, September 29, 2005. This Resolution was adopted by unanimous vote of the Members present (4-0), with Member Goehringer absent. C. NEW BUSINESS: Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:05 p.m. Also included by Reference: ZBA Decisions (17) filed with the Town Clerk. Respectfully submitted, Approved for Filing - Ruth D. Oliva, Chairwoman APPEALS BOARD MEMBERS Ruth D, Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5755 - LOIS AMEND Property Location: 265 Highwood Road, Southoid CTM 78-9-52 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,750+- sq. ft. parcel has 170 feet along Highwood Road in Southold. The property is improved with a 1-1/2 story frame, single-family dwelling shown on the December 26, 1978 land survey prepared by Frank J. Barylski, Jr. BASIS OF APPLICATION: Building Depadment's June 3, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit concerning a porch addition proposed at less than 40 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a 15' extension at the back of their home, 19 feet wide, and resulting in a setback of 35'1" from the rear property line at its closest point. The purpose of the addition is for use as a single-story porch, REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties since the property is wooded, and the additional 4.5 feet is extra room for a table and chairs on the new porch addition and hardly visible. Page 2 - September 1, 2005 ZB File P, ef. 5755 - Lois Amend (::;TM 78-9-52 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 dwelling has existed for many years in the existing, code-required 40 feet from the rear property line. 3. The variance granted herein is not substantial, representing a reduction of 4.6 feet from the existing conforming setback. 4. The difficulty has been self-created in that the dwelling has existed in this location for many years with a definitive setback of 47 feet as shown on the December 26, 1978 survey prepared by Frank J. Barylski. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a porch addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the 6-30-2005 plan prepared by Condon Engineering, P.C. and construction diagram received July 13, 2005, and certified by John J. Condon, P.E. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action,. Vote of the Board: Ayes: Members Olive (C/~airw~m~, ~d~o/inizio, and Simon. (Member Goehringer wa~ absent.)This Resolution ~,~<5~e~~'~ Vinc~'nt Ol'la nd 6~, Vi(~e -Chai r-man 9/d'~/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando .lames Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTYIOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZBA Ref. 5739 - BCB REALTY HOLDING CORP. Property Location: 74825 Main Road, Greenport Zone District: B General Business CTM 45-4-8.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 61,264 sq. ft. parcel has 254.65 feet along the Main Road (a/k/a Front Street or NYS Route 25) in Greenport, as shown on the January 3, 2005 land survey prepared by Joseph A. Ingegno and May 10, 2005 site plan (SP-2), amended 8-2-05 by East End Design Associates, LLC. BASIS OF APPLICATION: Building Department's April 22, 2005 Notice of Disapproval, citing Section 100-103-C in its denial of an application for a building permit to construct a proposed new building. The reason stated for disapproving the application is that the building is proposed with a frontage greater than the code limitation of 60 feet on one street. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a new office building with canopy over two drive-up lane stations, for a total width of 71.5 feet at the front section facing the Main Road, as shown on Plan A-3 revised 8/2/05 prepared by East End Drafting LLC, certified by James Deerkoski, P.E. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: · Page 2.- September 1, 2005 ZB File Ref. 5739 - BCB Realty Holding Corp. CTM 45-4-8.3 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood has similar buildings in close vicinity with dimensions equal to, or larger than the requested 71.5 ft. width. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The reason for the additional width of the building is for a proposed permanent canopy over the drive-in banking lanes. The canopy is needed for operational purposes, as well as weather and security reasons. 3. The variance granted herein is substantial. The code limits the width of buildings on one street to 60 feet, and the relief requested increases the width by 19%, for a total width of 71.5 feet. 4. The difficulty has been self-created and is related to the needs of the bank and its customers. 5. No evidence has been submitted to suggest that a variance in this business community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of increased building width for a permanent canopy over drive-up lanes, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the plans dated 4/4/05, revised 8/2/05 by East End Drafting LLC, certified by James Deerkoski, P.E. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Ayes: Members Oliva (CCr~,.oman).~ Goehringer, Orlando, and Dinizio. Vote of the Board: (Member Simon was absent.)This Resolutio~//~'~,~,, Vincent E)rlahdo, 'v'TSe Chairman 9/a'~05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road o P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold4 NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5752 - Anton Bettler and Maria Milne Property Location: 185 Osprey Nest Road, Greenport CTM 35-6-36 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's12,750 sq. ft. parcel has 65 feet along the south and 150 feet along the west sides of Osprey Nest Road and is improved with a two-story frame house with deck as shown on the April 21, 1987 survey, amended March 27, 1989 by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's June 20, 2005 and July 18, 2005 Notices of Disapproval, citing Section 100-244 in its denial of an application for a building permit for reconstruction of an as-built set of decks at the existing dwelling. The reason stated for disapproving the application is the new construction does not meet the code-required minimum setback requirement of 35 ft. from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to reconstruct the existing entrance deck with stairs that has existed for many years (since about 1988) at the west side of their home. The new entry will consist of a landing deck and stairway, the bottom of which will be 25 feet from the westerly front lot line at its closest point. Also requested is a proposed deck which will wrap around a new swimming pool at the south side of the dwelling, after removal of the existing deck construction, which deck is angled toward the westerly front lot line, with a 30.2 ft. setback, at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 'Page 2 - September 1, 2005 ZB File Reft 5752 -Anton Bettler and Maria Milne CTM 35-6-36 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' as-built front entryway will be re- constructed with the existing nonconforming setback of 25 feet one inch, and the proposed new rear deck will have a small angled section of the deck of approximately 36 square feet located within the restricted 35 ft. front yard area, replacing the existing first and second floor deck construction, and shown on the plan prepared by Timothy Coffey Nursery/Landscape Inc. received July 28, 2005. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property has two front yards that lends to the difficulties in placing an addition without some type of relief. The applicants also have safety concerns and wish to construct any many steps as possible into the grade with stone or pavers to create as gentle a slope as possible, based on the height of the door saddle at 58" from grade and an 18" exposed foundation. 3. The variance granted herein is minimal and represents a 10.9 ft. reduction in the code required 35 ft. front yard setback. The purpose of the new construction is to build with more gradual risers and a gentle curve, using high quality wood and stone. 4. The difficulty was self-created when the applicants acquired the house with a nonconforming front entry without a certificate of occupancy 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the requested additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Vice Chairman Orlando, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, amended as shown on the plan prepared by Timothy Coffey Nursery/Landscape Inc. received July 28, 2005. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. / Vote of the Board: Ayes: Members Oliva (C~h/airy~oman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) '¥his .esolution ~v/a~ .d~l~'~ted~O ~ Vin 9/~/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio~ Jr. Michael A. Simon http://southotdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, No~h Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1,2005 ZB Ref. 5743- WILLIAM and BARBARA CLAYTON Property Location: 12832 Route 25, East Marion CTM 31-14-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 18,843 square foot parcel is improved with a single-family dwelling (one-stow with loft) and detached frame shed, shown on the October 20, 2001 land survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's amended June 27, 2005 Notice of Disapproval citing Sections 100-33 and 100-244 in its denial of an application for a building permit to construct proposed additions and alterations to the existing single-family dwelling and an accessory garage. The reasons stated in the Building Inspector's Notice of Disapproval are that the new additions and alterations to the dwelling will increase the degree of nonconformance when located at less than 35 feet from the rear lot line, and the accessory garage is not proposed in the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wish to construct additions for proposed alterations on the existing first and second floors of the dwelling, and to construct new second-floor extensions, as shown on the October 20, 2001 survey prepared by Stanley J. Isaksen, Jr., with notations added by Mark Kevin Schwartz, Architect. Also proposed is a two-car garage, replacing the 10.6 x 16.2 ft. frame shed building. The new garage is proposed with five ft. (minimum) setbacks from the north and west property lines. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 1, 2005 ZB File No. 5743- William and Barbara Clayton CTM 31-14-15 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original house dates back about 75 years and was expanded over the years by previous owners in its existing nonconforming location. The extension of the second floor "loft" style with roof lines 23'6", increasing to a maximum of 27'8" to the peak, will not change the building footprint of the Iow, gray-shingle bungalow that has existed and its purpose is for adequate closet space, a larger bathroom, and home office. The number of bedrooms, bathrooms and all other rooms remain unchanged. The new construction also includes repairs and recent replacement of the foundation for the dwelling, in place. The garage is a shelter for the owners' two cars and will be 'salt box design', measured 15.5 feet to the top of the ridge, that will replace a nonconforming shed at the property. The applicant has balanced his need for the new construction weighing the interest of the neighbors, continuing enjoyment of the same or similar vistas that exist. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dimensions of the proposed design does not increase the existing footprint of the house, as well as planning more efficiency and utilization of interior space. The design is also sensitive to the existing westerly nonconforming setback by recessing half of the second-floor extension four feet to the east. 3. The variances granted are not substantial. The location as requested is mainly to replace the existing accessory shed and to allow storage and shelter for two vehicles. 4. The difficulty has been self-created since the lot is 18,843 sq. ft. and results in a building envelope that is irregular and limited to the center of the property. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum, action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the existing dwelling, and new accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Vice- Chairman/Member Orlando, and duly carried, to GRANT the variances as applied for, as shown on the October 20, 2001 survey prepared by Stanley J. Isaksen, Jr., with notations added by Mark Kevin Schwartz, Architect, with the understanding that the new garage not be used for sleeping or living areas and remain as an accessory use for the owners. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other Page 3 - September 1, 2005 ZB File No. 5743- William and Barbara Clayton CTM 31-14-15 features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Ch/rwornan), Orlando, Dinizio, and Simon. Goehringer was absent.) This Resolution was~,~l_.~.. ',J~'ul'l~d~ (4- . os Vince.~ ~.=.do, Vice Chairman 9/~ Approved for Filing (Member APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 l FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5741 -JANE COCKERILL Property Location: 700 Birdseye Road, Orient CTM 17-2-1.14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 2.74-acre parcel has frontage along two private rights-of-way, Birds Eye Road to the west and along the southerly edge of her property in Orient. The property is improved with a two-story frame house, and two accessory structures (barn and pool) as shown on the 12-29-2004 survey prepared by John C. Ehlers. BASIS OF APPLICATION: Building Department's May 18, 2005 Notice of Disapproval, citing Section 100-30A.3 and 100-242A in its denial of an application for a building permit concerning an addition with alterations to the existing dwelling. The reasons stated in the Notice of Disapproval are that the "as built" construction does not meet the code required single side yard of 15 feet, and is an increase of the existing nonconformance (2+- ft. setback of the existing home). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting approval of the location of as-built construction for an enclosed porch with open deck above at zero setback from the easterly lot line, shown on the 12-29-2004 survey adjacent to a historical burial ground. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The nonconforming setback is located on the side of the property that is adjacent to an old burial ground. Page 2 - September 1, 2005 ZBA Ref. 5741 - Jane Cockerill CTM 17-2-1.14 2. The .benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The deck is an existing structure and to comply. with the law the structure would have to be either moved to conform or to be removed, rebuilding a new structure with conforming setbacks. This would not be feasible in relation to the angles of the dwelling and minor portion of the one-story enclosed porch requested by applicant in this variance. 3. The variance granted herein is substantial. The code requires a 15 ft. (minimum) side yard setback for this lot in an R-40 Low-Density Residential Zone District, and the applicant is requesting a zero setback at the closest point from the existing deck. 4. The difficulty has been self-created. The enclosed one-story porch with upper deck was constructed without the benefit of a building permit. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-story addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, Vice- Chairman/Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the 12-29-2004 survey prepared by John C. Ehlers, and 4-25-05 drawings prepared by Eileen Santora/certified by Joseph Fischetti, Jr., P.E., subject to the following CONDITION: That the second-floor deck over the single-story porch shall remain open to the sky. This action does not authorize or condone any current or future use, setback or other feature of the subject p~operty that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. / Vote of the Board: Ayes: Members Oliva (Cha~-woman.~.~Orlando, Dinizio, and Simon. Goehringer was absent.)This Resolution wa/.~u.~.~/~ ~,~,,~0~ Vince~qt O'dand'&, Vice Chairman 9/Z ;3/05 Approved for Filing (Member APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZBA Ref. 5757 - RICHARD AND ELEANOR COFFEY Location of Property: 5705 Main Road, Orient CTM 35-2-16.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY DESCRIPTION: This property contains 87,210+- sq. feet with 383.37 feet along the north side of Main Road (S.R. 25) in East Marion. The property is improved with a single-family dwelling and accessory (detached) shed, as shown on the January 12, 2002 survey prepared by Rampart Surveying P.C. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. BASIS OF APPLICATION: Building Department's July 15, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed to construct proposed additions at less than 60 feet from the front lot line. AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an addition, with variables 4' to 15.6' deep, by 75.6 feet, along the front of their home, resulting in a 37.3 ft. front setback instead of the code required 60 feet, as shown on the 10/1/04 diagrams and site diagram (Page 13) revised 7/18/05, by Penny Lumber. Page 2 - September 1, 2005 ZBA File 5757 - R. and E. Coffey CTM 35-2-16 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing dwelling is in a nonconforming setback location at 42 feet at its closest point measured from the front property line. The new addition will be a roofed-over, open, single-story porch, designed to mirror the existing style of the applicants' home. The code requires a 60 ft. front yard setback, and the applicants request a 37.3 ft. setback at its closest point for a 1512+- sq. ft. addition along the front of the dwelling, 71.2 ft. wide plus an additional 5.5 ft. wide section for a side step at the southwest corner. The Board finds that the setback, as requested, is not the minimum necessary and after discussions during the hearing, the applicants agreed to accept alternative relief from the code requirement. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling has existed in a nonconforming location for many years. No addition would be permitted without some sort of relief at the front of the home, facing the Main Road, and a design allowing an open sitting/viewing porch would be beneficial for the applicants' enjoyment as a proposed new Bed and Breakfast, accessory to their home. 3. The variance granted herein is substantial. The code requires a minimum of 60 feet from the front property line. The alternative relief is a reduction for a 42 ft. front yard setback, and the maximum amount of relief that the Board will approve at 30% less than the code requirement. 4. The difficulty has been self-created based on knowledge of the existing code and plans to expand a dwelling in a nonconforming location. 5. No evidence has been submitted to suggest that a front yard setback variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood, 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Vice Chairman Orlando, seconded by Member Simon, and duly carried, to Page 3 - September 1, 2005 ZBA File 5757 - R. and E. Coffey CTM 35-2-16 DENY the original request for a variance, as applied for, and to GRANT alternative relief for a minimum setback at 42 feet from the southerly front property line, at its closest point, for a proposed roofed-over, one-story porch addition (and the new addition section as indicated on the applicants' site diagram with a 50 ft. setback from the southerly front lot line). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features a~are expressly addressed in this action. Vote of the Board: Ayes: Members OIj~a/(Ct)airw~an~Orlando and Simon. Nay: Member Dinizio. (Member Goehrij~er.~j3~/~s~j/n~Th, j~ Resolution was duly Vince~/~~'C~;ir~m~an 9/,.,~¢.2/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P, Goehringer Vincent Orlando James Dinizio. Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5754 - ANDREW and DAWN DUERWALD Property Location: 95 Clearview Avenue West, Southold; CTM 70-8-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 21,202 sq. ft. parcel has 117.92 feet along Main Bayview Road and 190.19 feet along Clearview Avenue West and is improved with a single-story frame dwelling with attached deck and separate frame shed in the northeast rear yard area. BASIS OF APPLICATION: Building Department's June 22, 2005 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of an application for a building permit concerning proposed additions. The reasons stated in the Building Inspector's Disapproval are that the new construction will be an increase in the degree of nonconformance and is less than the code-required minimum 40 feet from the front yard lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time ,vritten and oral evidence were presented. Based upon aH testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants submitted a rough, hand-drawn sketch of the proposed location of their proposed new construction in the original application for a building permit (to the Building Department) on a 1977 land survey, with setbacks were estimated at 32.8 feet. SURVEY SUBMISSION TO ZBA: At the time of filing the variance, a July 11, 2005 survey prepared by John C. Ehlers was submitted by the applicants, confirming a proposed second-story addition over the existing first floor area of the dwelling, and proposing a covered 8 ft. by 36 ft. porch at a minimum of 26.5 feet from the southerly front lot line, and 21.5 feet to the bottom of the 8 ft. wide by 5 ft. step entry. The existing setback of the dwelling was also confirmed by the surveyor at 34.5 feet from Clearview Avenue West and 33 feet from the westerly front line adjacent to Main Bayview Road. Pag6 2 - September 1, 2005 ZB File No. 5754 - A. and D. Duerwald CTM 70-8-4 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of thc neighborhood or a detriment to nearby properties. The applicants wish to build a second-story above the first floor area of the home which is presently 34.5 feet from the southerly front property line adjacent to Clearview Avenue West, without the existing wood stoop. The applicants at the hearing confirmed they will accept alternative relief for a 28.5 ft. setback, instead of 26.5 feet, resulting in a reduction of the size of the porch from 8 ft. x 36 ft. to 6 ft. x 36 ft. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The opposite (westerly) front yard has a restricted setback to meet the ZBA variance 33 feet distant from the dwelling, issued in 1977 under ZB File No. 2306. 3. The variance granted herein is substantial. The code requires a minimum of 40 feet from the southerly front yard lot line, and the alternative relief is a further reduction of six feet, allowing the existing nonconforming setback to be reduced to 28.5 feet. This is the maximum reduction that the Board will approve. 4. The difficulty was self-created since the home was built in 1977 and has existed in its present location for at least 28 years. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reducing the front yard setback for additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to DENY the variance, as originally applied for, and to GRANT alternative relief for a 28.5 ft. minimum front yard setback from the southerly lot line adjacent to Clearview Avenue West, and allowing a single-story, 6 ft. by 36 ft. unenclosed porch with 8. ft. by 5 ft. step area. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote o.f the Board: Ayes: .Members Oliva (Chairw~a~,_~la~do, ~nizio, and Simon. (Member Goehr~nger was absent.) This Resolution was duly~doi~P~l~)~.~ .~ Vincent Ofland'o, V~e Chairman 9/Z3/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5747 - ROSE HAJEK Property Location: 15305 New Suffolk Avenue, Cutchogue CTM 117-6-15 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,122 sq. fl. parcel has 100 feet along Grathwohl Road and 172.98 feet along New Suffolk Avenue in Cutchogue. The lot is improved with a single-family, one-story dwelling and small metal shed, as shown on the 6-6-05 site map prepared by Architecnologies (using data from a 10-27-04 survey prepared by John C. Ehlers). BASIS OF APPLICATION: Building Department's June 11, 2005 Notice of Disapproval, citing Section 100-242A and 100-244, in its denial of an application for a building permit to construct additions and alterations to an existing dwelling. The reason stated for disapproving the application is the new construction will increase the degree of nonconformance when located at less than 40 feet from the front lot line and less than 50 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REOUESTED: The applicants wish to construct: (1) a proposed second story addition over the existing first floor at 36+- feet from the southerly lot line and 43'3" from the northerly lot line, (2) a new sunroom 37'9" from the northerly property line, (3) a new two-story extension and trellis, both located at the south side of the dwelling 31'7" (minimum) from the front lot line adjacent to New Suffolk Avenue, ali as shown on the 6-6-05 site map and Plans A.1, A.2, A.3, A.3-1, prepared by Architecnologies. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 1, 2005 ZB File Ref. 5747 - Rose Hajek CTM 117-6-15 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's house is one-story ranch and is the smallest house in the area. The houses on both sides and to the rear are all 2-1/2 story homes. 2. The benefit sought by the applicant for enlargement of living space utilizes most of the existing first floor area of the home and cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variances granted are not substantial. The increase in the degree of the existing nonconforming setback for the front setback is less than one foot. The addition to the rear will not extend beyond the requested setback of 37'9", which location is presently occupied as a ground-level concrete patio. 4. The difficulty has been self-created since portions of the additions will extend within the nonconforming setback area of the existing dwelling. 5. No evidence has been submitted to suggest that the requested variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, as shown on the 6-6-05 site map and Plans A.1, A.2, A.3, A.3-1, prepared by Architecnologies. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chait~voman), Orlando, Dinizio, and Simon. Goehringer was absent.) This Resolution was ~.a~~. /~ f (Member Vincefft Orlando, Vice Chairman 9/~T/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5751 - Edward A. Linker Jr. Property Location: 285 Oyster Ponds Lane, Orient CTM 25-1-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,298 sq. ft. parcel has 121.68 feet along Oyster Ponds Lane and is improved with a one-story frame house and detached garage, as shown on the May 25, 2005 land survey prepared by John C. Ehters. BASIS OF APPLICATION: Building Department's June 8, 2005 Notice of Disapproval, citing Sections 100-33 and 100-244 in its denial of an application for a building permit to construct a proposed addition for the reason that the rear yard setback is proposed at less than 35 feet and the new construction will create a new nonconformity with respect to the accessory garage, partly in a side yard instead of the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 12' by 16'3" wide one-story addition at the rear of his home, resulting in a rear yard setback of 24 feet (minimum). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new porch is proposed behind the existing dwelling and will be only single-story height and enclosed with screens. Page 2 - September 1, 2005 ZB File No. 5751 - Edward A, Linker Jr. CTM 25-1-7 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, except to substantially change at a great expense the basement entrance or any other yard location of the home that has existed for many years. 3. The variance granted herein is not substantial, owing the location of the detached 22' by 15' garage also in an existing rear yard and closeness of the garage to the applicant's home as well as the distance to neighboring homes. 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 5/19/05 plan prepared by Penny Lumber and copy of the 5/25/2005 land survey with applicant's location noted and received July 5. 2005. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Cl-)~rwgman~ Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Resolution wa~'du,l~/~)Cl~91d (~,)0)./' in cent '~.~.a[~uu, wee ~.,~ai rman 9/',05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5745 - LAWRENCE and SHERRI KELLY Property Location: 25270 Main Road, Cutchogue CTM 109-3-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 26,884 sq. ft. parcel has 75 feet along the Main Road (S.R. 25) and is 360 feet deep along the easterly property lip, e. The lot is improved with a one-story frame, single-family dwelling and detached metal shed, as shown on the November 4, 2004 land survey prepared by John C. Ehlers. BASIS OF APPLICATION: Building Department's May 25, 2005 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of an application for a building permit to construct a proposed additions and alterations to the existing dwelling. The reason stated for disapproving the application is that the new construction will increase the degree of nonconformance with a single side yard of less than 15 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to alter portions of the existing first floor along with a new front 6 ft. covered porch, and to add a second-floor addition above the existing first floor footprint of the home as shown on the 6-17-05 A-1 and A-2 Diagrams prepared by Architecnologies. The side yard setbacks of the existing first floor are 4 feet and 6 feet at its closest points, as shown on Architecnologies 6-17-05 A.SITE Diagram. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa*ge 2 - September 1, 2005 ZB File Ref. 5745 - Lawrence and Sherri Kelly CTM 109-3-3 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The structure already exists. The proposed interior additions and alterations will not increase the nonconforming setback of the home that has existed for many years. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house is an existing structure, and to conform with the requirement of the code, the applicant would either move the structure to conform or remove portions of it and rebuild new with a conforming side yard setback. This would be unfeasible in relation to the minor variance the applicant is requesting. 3. The variance granted herein is not substantial. The code requires a minimum of 15 feet from the side yard lot line. The applicant is not proposing to increase the setback of the house that has existed for years. 4. The difficulty has been self-created. While the proposed additions and alterations will increase efficiency and interior space for the residents, the new construction is within an area that does not meet conforming setbacks. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling with additions and alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the 6-17-05 A-SITE, A-1 and A-2 Diagrams prepared by Architecnologies, and the November 4, 2004 land survey prepared by John C. Ehlers. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. / Vote of the Board: Ayes: Members Oliva (Ch~--woj~an), ,,Ql~a~o, Dj,qizio, and Simon. (Member Goehringer was absent.) This Resolution was ~ulv,.i~op~ (~--0,~ Vince Oii,~,,u,~, v,ce Chairman 9/ 2',,1/05 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehfinger Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 763-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZBA Ref. No. 5740 - JOYCE ORRIGO Street & Locality: 66425 C.R. 48, Greenport County Tax Map ID: 40-2-12 and 11 (combined/merged as one lot) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 44,000 square feet, identified as 11 and 12 on the Suffolk County Tax Maps, District 1000, Section 40, B~ock 02. The land is vacant with a depth of 200 feet, and 220 feet along the north side by a town street (Homestead Way) and 200 feet along the south side by County Highway 48 (a/k/a North Road). The property is located in the R-40 Low-Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's June 9, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 11 and 12 merged pursuant to Section 100-25, which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge land merged as a single lot of 44,000 square feet, into two lots. The easterly portion, referred to herein as 'CTM 12' is proposed to be separated from the westerly portion referred to as 'CTM 11.' Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 22,000 square feet each. ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. Page 2 - September 1,2005 Appl. No. 5740 - Joyce Ordgo CTM 40-2-11 and 12 (combined as one lot) (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The lot consists of a total land area of 44,000 square feet. A waiver to re-create two nonconforming lots would result in two lots that would meet only 55% of the 40,000 square ft. zoning lot size requirement in this neighborhood. 2. A single and separate search was issued March 30, 2005 by Peconic Abstract, Inc. The search shows that the premises (CTM 11 and 12) were in the same ownership (Joyce Orrigo), since 4/17/1995 when Ms. Orrigo purchased from her brother his interest in the property for $20,000 and became the sole owner, without any further transfer. 3. The property has been in common ownership with a merged land area of 44,000 sq. ft. since 1/1/1997 and continuously to the present date. Information was not submitted to show intentions to avoid the merger, or to make application to any agency for construction. The merger was intentional based on the real estate records since the ownership was held for at least ten years with both lots held in the same ownership since 1995. 4. On January 1, 1997 the status of the property as two lots on the Eastern Shores Development subdivision expired, when the Town removed the former List of Excepted Subdivisions from the Zoning Code. 5. Proof was not submitted to show that a waiver will avoid an economic hardship if the property remained as a 44,000 square foot parcel. The only information submitted was for the estimated value if two nonconforming lots were re-created. The value of the property with, or without the grant of the waiver, would be at least $265,000 when an offer was made in February 2005. No loss of return was found to maintain the properties as they existed with a land area of 44,000 square feet. 6. The record does not demonstrate proof that there were good faith intentions at any time to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build any dwellings on the vacant land, until 2005 when the property was listed on the market for sale. 7. There also was no proof demonstrated to show the value of the property, as a 44,000 parcel, to support applicant's claim of economic hardship, except for the 2005 real estate offer to acquire half of the property, if this lot waiver were granted for the nonconforming lot re-creation. 8. There is no proof demonstrated in the record to show that the westerly and easterly portions of the applicant's property were maintained separately for purposes of building two new single-family dwellings. Page 3 - September 1,2005 Appl. No. 5740 - Joyce Orrigo CTM 40-2-11 and 12 (combined as one lot) 9. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to acquire only half of the merged property. 11. To create additional lots that do not conform to the zoning requirements and that have been merged with adjacent properties for a continuous period of time will result in increased number of dwellings, increased traffic, increased water and sanitary demands, and other related environmental effects. RESOLUTION/ACTION: On motion by Chairwoman Oliva, seconded by Member Simon, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 40-2-12 from CTM 40-2-11. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nay: Member Dinizio. Absent was: Member Goehringer. This Resek~fl~.n was duly adopted (.3-'1). RUTH D. OLIVA, CHAIRWOMAN '10/~.~'/2005 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5756 - MARK PALLADINI Property Location: 585 Donna Drive, Mattituck CTM 115-16-5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,020 sq. ft. parcel has 110 feet along the east side of Donna Drive and is improved with a single-story residence, as shown on the September 8, 2005 land survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's June 20, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct proposed additions 32 feet in front of the dwelling, for the reason that the new construction area is less than the code required 40 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon ali testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REOUESTED: In the applicants original request, plans were submitted to demolish portions of the existing construction, to add a new second floor frame addition, and to add six feet in front of the dwelling for a new single-story roofed-over porch, as shown on the 6/23/2005 architectural drawings A-4 and A-5 prepared by AFT Architect International, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The front step area of the existing dwelling is 32+- feet at its closest point to the front lot line as surveyed September 8, 2000 instead of the code required 40 feet. After Page 2 - September 1, 2005 ZB Fil~ Ref. 5756 ~ Mark Palladini CTM 115-16-5 removal of the front step area, the applicant wishes to construct a new single-story, roofed-over front porch six feet in front of the dweliing. During the August 18, 2005 hearing, the applicant stated he wili accept alternative relief, reducing the depth of the front porch from 6 feet to 4 feet Coy 27.6+- feet in length), thereby increasing the front yard setback to 34 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The front step area of the existing dwelling is already nonconforming at 32+- feet, and the dwelling is 36.2 feet from the front lot line measured from the existing 2 ft. overhang. 3. The variance granted herein is substantial. The code requires a minimum of 40 ft. from the front lot line, and the reduction allows a four ft. front porch addition, which is the maximum the Board will approve under the circumstances and considering the existing nonconforming front setback. 4. The difficulty has been self-created, since it has been knowledge that the front setback been nonconforming for many years. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried, to DENY applicant's original request for porch six feet in front of the existing dwelling, and to GRANT alternative relief for a front porch at 34 feet from the front property line (allowing an alternative porch, extending four feet in front of the dwelling which is presently 38 feet from the front property line). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva,_7~__~__7, ~____,~(Ch~irw~6nank~]Orlando~ Dinizio, and Simon. (Member Goehringer was absent.)This Resolution w~s/d/Idy a o~/~/ Vince~ando,~/dd~airman 9/~05 Approved for Filing Al?PEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS nlCEl~ED TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 0~' FINDINGS, DELIBERATIONS AND DETERMINA'I~OthOId TOWn Clem MEETING Of SEPTEMBER 1, 2005 ZBA File No. 5744 - OTTO and JUNE SCHOENSTEIN CTM 57-2-6 Location of Property: 500 Island View Lane, Greenport, with unimproved right-of-way from Conklin Lane. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is located along the west side of Conklin Lane in Greenport. Conklin Lane is a right-of-way to be improved for proper and sufficient access from Island View Lane to the applicants' vacant property, at the time of obtaining a building permit for construction activities related to the proposed future dwelling. This vacant land area, referred to as CTM 57-2-6 (or CTM 6), consists of 22,100+- square feet, with 13,100 sq. ft. described in the December 14, 19~,8 deed transferring the property from Westphalia Corporation to Edith Goelz (Liber 2910 page 589). The remaining 9,000 square feet of land area, referred to as CTM 57-2-2.1 (or CTM 2.1) is shown as Lot 639 on the subdivision map of Peconic Bay Estates and is improved with a single-family dwelling that was constructed more than 45 years ago. FINDINGS OF FACT The Zoning Board of Appeals held a publi~; hearing on this application on August 18, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: BASIS OF APPLICATION: Building Department's November 22, 2004 Notice of Disapproval, amended June 13, 2005 Notice of Disapproval, citing Section 100-26 in its denial of an application for a building permit for a merger determination. The reason stated in the Building Inspector's disapproval is that the land has merged with the adjacent lot (CTM 2.1, formerly CTM 2) due to common ownership for a period of time after July 1, 1983. APPLICANT'S REQUEST: Applicants request a Waiver of Merger under zoning Code Article II, Section 100-26, to unmerge CTM 6 from CTM 2.1. Page 2 - September 1, 2005 Appl. No. 5744 - O. and J. Schoenstein CTM 57-2-6 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The applicants' seamh dated June 13, 2005 was prepared by Commonwealth Land Title Insurance Company. This search, indicates that CTM 6 and 2.1 were transferred to June Schoenstein reserving a Life Estate of Edith Goelz on 12/30/1996, and CTM 6 was on the same date of 12/30/1996 June Schoenstein transferred her interest to Otto Schoenstein. (CTM 2.1 remains in the name of June Schoenstein.) 2. CTM 2.1 is improved with a dwelling and is shown as Lot 639 on the Map of Peconic Bay Estates, adjacent to CTM 6. Certificate of occupancy No. Z-10052 dated July 29, 1980 is noted of record for an addition to the existing dwelling. Many of the lots in this development are improved with single-family residences on lots similar in size, or smaller than the 13,100 sq. ft. lot in this waiver request. 3. In considering this application, the Board finds that the waiver wilt recognize the original lot lines, as created and described in deed dated 12/14/1948. 4. Information was submitted into the record to show that the waiver will avoid an economic hardship. It is also known that attempts were made by the owners and previous owners to maintain the properties with single and separate ownership, and data was furnished from personal records kept by the owners over the years. 5. No evidence was introduced to indicate the grant of a lot waiver for CTM 6 would have a detrimental effect on nearby environmental or flood areas. The topography of the land is mainly flat, which does not require filling or contour changes when a home is planned. RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Member Orlando, seconded by Member Simon, it was RESOLVED, to GRANT a Waiver to unmerge CTM 6 from CTM 2.1, as applied for and shown on the September 20, 2004 land survey prepared by John C. Ehlers, L.S. This ~Ction does not authorize or condon~ any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Simon, and Dinizio. Member Goehringer was absent. Th~es~tio~was~.ad.opted (4-0). Ruth D. Oliva, Chairwoman 10/~o/2005 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehfinger Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5729 - PETER SHERWlN Property Location: Fox Avenue, Fishers Island CTM 6-2-23 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 52,370 square foot parcel has frontage along three streets and is improved with a dwelling as shown on the October 21, 1988 survey prepared by Chandler Palmer & King. BASIS OF APPLICATION: Building Department's May 4, 2005 Notice of Disapproval, citing Zoning Code Section 100-30A.3, in its denial of an application for a building permit concerning a proposed observatory room above the Zoning Code limitation of 2-1/2 stories of building area. The reason for the Building Inspector's disapproval is that the new construction constitutes a third story. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to add an observatory tower/room at the west side of the existing dwelling with a setback at least 40 feet from the westerly property line. The height from ground to the top of the observatory addition is proposed at a maximum of 35 feet, and the floor of the tower room and stairway area will be 8' by 11' in size, and located above the 24 ft. existing height of the dwelling's roof, to the top of the ridge. No other rooms are designed within the proposed observatory tower room since the structure is designed mainly with access landing and stairway areas to reach the upper tower room. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 1,2005 ZB File No. 5729 - Peter Sherwin CTM 6-2-23 at Fishers Island 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is proposing to construct an attached observation tower room to his home. Although the new construction will not be habitable area, it will exceed the code limitation of 2-1/2 stories in height. The maximum height allowable is 2- 1/2 stories, and 35 feet in height measured from the natural ground. No testimony was received during the hearing to indicate the observatory would be an undesirable change in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is willing to install a comprehensive fire suppression system in the observatory addition, and with this proposal, the application is not detrimental to the immediate neighborhood. 3. The variance granted herein is not substantial. The new construction will contain a 8' x 11' room for observation purposes and will be less than 35 feet in height measured from the ground to the top of the new ridge construction. 4. The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an observatory tower/room, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied and shown on the February 1, 2005 drawings 1, 2, 3, 4, prepared by Nick Kuhn, Architect and the applicant's sketched location shown on the October 21, 1988 received May 19, 2005 by the Zoning Board of Appeals, subject to the following conditions: 1. Installation and proper maintenance of a comprehensive fire sprinkler system in the observatory tower structure, in operation 24 hours a day, seven days a week once the construction is completed and a Certificate of Occupancy has been granted by the Building Inspector. 2. The observatory area shall not be used for cooking, kitchen, or sleeping purposes. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other Page 3 - September 1,2005 ZB File No. 5729 - Peter Sherwin CTM 6-2-23 at Fishers Island features as are expressly addressed in this action. VM(~f em bOef ~ ~eoeB ~r~. rna.'e rA. ~'e~.~ iMs ~r~bse° iruSt iOo ~Vwaay. a~l !~ )n. d o, Dini zio, and Simon. Approved for Filing (Absent was APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehfinger Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5733 - SHORELINE DEVELOPMENT CORPORATION (and A. ROJAS) Property Location: 55 Brown Street, Greenport CTM 48-3-29 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 6,062 sq. ft. vacant land has frontage along two streets, 56.46 feet along 9th Street and 110.74 feet along Brown Street. BASIS OF APPLICATION: Building Department's April 27, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed dwelling at less than the code-required 35 ft. front yard (minimum) setback. The reason stated in the Building Inspector's Notice of Disapproval is that a 12 ft. setback from the front lot line at Brown Street is not permitted. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 and August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: In applicant's original application, a setback of 12 feet was requested from the front lot line along Brown Street, for a new dwelling, as shown on the April 19, 2005 and May 21, 2005 surveys prepared by Nathan Taft Corwin III. The new dwelling was originally proposed with a size 30 ft. by 34 ft., with a 35 ft. setback (minimum) from the westerly front line at 9th Street, and 41 feet from the easterly (rear) yard line. AMENDED REQUEST: During the July 7, 2005 hearing, the applicant was requested to increase the nonconforming setback for a possible alternative plan that would be more conforming to the code's front setback requirement of 35 feet. Page 2 - September 1, 2005 ZB File Ref. 5733 -.Shoreline Development (Rojas) CTM 48-3-29 At the August 18, 2005 public hearing, the applicant described the two revised plans replacing the original request. One of the alternatives proposed a front yard setback at 19 feet, increased from the original request of 12 feet (related to a Coventry style with a size 27 ft, by 45 ft.). The second alternative proposed a 21 ft. (minimum) setback from the front lot line at Brown Street (related to a Lindell Cottage style with a size 25 ft. by 40 ft.). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of an alternative variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot is only 56 feet in width and is on a corner with two street frontages and two front yards, instead of two side yards. A sanitary system is proposed at the westerly section of the property to meet the setback requirements of the Suffolk County Department of Health Services. The northerly yard is restricted to the only side yard at a minimum of 10 feet, and the remaining easterly yard is restricted to a rear yard at a minimum of 35 feet. A minimum size house would be allowed with the grant of the alternative at 20 feet (minimum) from the southerly front yard at Brown Street, while maintaining minimum code-required setbacks for the remaining three yards. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The 20 ft. minimum setback from the southerly front lot line is the maximum reduction that the Board would approve. 3. The variance granted herein is substantial, representing a 42% reduction of the code required 35 ft. setback from the southerly front yard at 20 feet (minimum). 4. The difficulty has been self-created in that the code-required zoning setbacks for this nonconforming lot are difficult to obtain. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to DENY the original variance, as applied for, and to GRANT alternative relief in a location at a minimum of 20 feet from the southerly front Page 3 - September 1, 2005 ZB File Ref. 5733 - Shoreline Development (Rejas) CTM 48-3-29 property line at Brown Street, with the following CONDITIONS: 1) The height to the top of the ridge shall not be greater than 26 feet. 2) All water runoff from roof areas shall be collected by gutters and placed in proper and adequate-sized under-ground catch basins to capture this water. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairv~rnarj,), Orlando, Dinizio, and Simon. (Member Goehringer was absent.)This Resolution was ~/~.ad~~,~ .~ Vincent ~~n/Member 9/;~,,,,~0 5 Approved for Filing APpEALs BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5738 - CHARLES and KATHLEEN WATSON Property Location: 5270 Nassau Point Road, Cutchogue CTM 111-8-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 29,600 sq. ft. parcel has 101.09 feet along the west side of Nassau Point Road, 283.29 feet along the southerly property line, and 100.46 feet along the rear lot line, as shown on the November 10, 1999 survey prepared by Joseph A. Ingegno and April 27, 2005 site map, amended May 9, 2005 by Boulevard Planning East, P.C. BASIS OF APPLICATION: Building Department's May 12, 2005 Notice of Disapproval, citing Section 100-33, in its denial of a building permit concerning new plumbing in an accessory building proposed as a pool cabana, instead of an accessory storage shed without plumbing requested under Appeal No. 5640, and in a location at less than five feet from the rear lot line. Under Appeal No. 5640 the location of the as-built accessory storage shed on the plans as submitted without plumbing, was approved at 4.4 feet from the rear lot line instead of the code-required five feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to add a small wet sink and an outdoor shower 1o an existing accessory building, proposed to be altered for use as a cabana next to the existing in-ground swimming pool, instead of a shed shown on applicant's Project Plan #0414 dated 8-12-04 prepared by Boulevard Planning East, (which plan was approved under Appeal No. 5640 with the CONDITION that use of the shed shall remain accessory and non-habitable). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 1, 2005 ZB File Ref. 5738 - C. Watson CTM 111-8-18 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built storage is one-story, 10 feet in height, and measures 11 ft. 4 in. by 22 ft. 3 in. The applicant proposes to alter the shed for an accessory cabana, related to use of the existing swimming pool The building is designed with one garage door and will not be used for sleeping or living areas. Except for a small wet sink and outdoor shower, the building will not contain major plumbing. Although the northwest corner of the shed is conforming at 7.7 feet from the closest lot line, the southwest corner of the shed requires a variance of 7.2 inches for a 4.4 ft. setback. The applicant confirms that the use of the building will remain as an accessory, separate and incidental to the dwelling, and that it will not be used for sleeping or living, and will not be rented in any manner. There are other similar accessory structures in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The building is existing at 4.4 feet from the property line at its closest point. 3. The variance granted herein is not substantial. There is no substantial change from the original request flied,, under Appeal No. 5640 (Grayson), which granted relief at 7.2 inches less than the code-required five (5) feet from the property line 4. The difficulty has been self-created in that it is the applicant's desire to alter the original request to add a wet sink and outdoor shower to this building, and 6' x 6' addition at the opposite end for storage of pool equipment which will conform at greater than the code setback requirement of five feet. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The relief requested is minor and does not change the use of the building, proposed as an accessory. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and small storage area for pool equipment, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 4-27-05 plans Al, A2, A3, amended 5-9-05 by Boulevard Planning East, P.C. subject to the following CONDITION: That use of the accessory building shall remain accessory and non-habitable. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly ~age 3 - September 1, 2005 ZB File Ref. 5738 - C. Watson CTM 111-8-18 Goehringer was absent.)This Resolution Vincent'~ria-ndo, Vice Chairman 9/2'.~/05 Approved for Filing (Member APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 2005 ZB File No. 5746 - ARNOLD and MICHELLE WlDMAN Property Location: 2155 Cedar Avenue, Sonthoid CTM 77-1-25 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 12,639 sq. ft. parcel has three front yards adjacent to Birch Avenue on the north side and Cedar Avenue on the south. Birth and Cedar Avenues intersect on the easterly side of applicants' property. The lot is improved with a one-story frame house, as shown on the December 6, 2000 survey, amended August 22, 2003 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's April 27, 2005 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of an application for a building permit to construct a proposed upper deck addition, with an increase in the degree of nonconformance when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REOUESTED: The applicants wish to construct a 12'6" by 12'9" open deck extension at the existing first floor level, at 32+- feet from the front line adjacent to Birch Avenue, and to add a roof and screen enclosure over the elevated existing 12' by 17'+- open deck, at a minimum of 25 feet from the northerly front yard adjacent to Birch Avenue (to conform to the conditions of the prior Variance under Appeal No. 4974 - Matter of Hammel/Dempsey 9/20/01). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa'ge 2 - September 1, 2005 ZB File Ref. 5746 - A. and M. Widman CTM 77-1-25 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The elevated open deck extension will be placed farther from the front Itt line than the existing elevated deck, and the roof ~vith screen enclosure will maintain the same setback required under Appeal No. 4974 at a minimum of 25 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance since the property is triangular with three front yards. The applicant's only alternative is to extend the existing construction while complying with the setback restrictions set forth in the conditions of the prior variance approval. 3. The variance granted herein is substantial and is the maximum relief the Board would approve under the circumstances related to the property and surrounding area. 4. The difficulty has been self-created and is related to applicant's need to modify the existing construction. 5. No evidence has been submitted to suggest that the requested variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, as shown on the May 23, 2005 project plan and conceptual construction sketch (hand drawn in red ink onto a photograph), prepared by Proper-T Permit Services, with information shown on the December 6, 2000 land survey, amended August 22, 2003 by Peconic Surveyors, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That roof water created by the new porch roof shall be properly placed with roof gutters, draining into an adequate-size catch basin 2. The new deck shall remain open to the sky. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members. Oliva (Chai~ol~n), Orlando, Dinizio, and Simon. (Member Goehringer was absent.)This Resolution was~, ~d~/~~ Vincent Orlando, Vice Chairman 9/i~.~/05 Approved for Filing