The URL can be used to link to this page

Home My WebLink AboutZBA-01/19/2000 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hill 53095 Main Road P.O. Box 1179~ ' Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765'11809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING WEDNESDAY, JANUARY 19, 2000 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 19, 2000, commencing at 6:45 p.m. in the Town Hall Meeting Room Annex (Small Conference Room). Present were: GERARD P. GOEHRINGER, CHAIRMAN-MEMBER JAMES DINIZIO, JR., MEMBER LYDIA A. TORTORA, MEMBER LORA S. COLLINS, MEMBER LINDA KOWALSKI, ZBA SECRETARY Absent was: GEORGE HORNING, MEMBER 6:45 p.m. There were approximately eight persons in the audience at the start of the meeting. The Chairman called the meeting to order and proceeded as follows: DELIBERATIONS/DECISIONS: The Board took action on the following applications. Please see copies of official findings and determination attached as rendered and filed with the Town Clerk: Approval with Conditions: Appl. No. 4776 - David Cichanowicz. Appl. No. 4775 - Derith Suterland. Denial with Grant of Alternative Relief: Appl. No. 4766 - James Wheeler PUBLIC HEARING: 7:07 - 7:55 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Vadance under Article XXlV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999 for renovations to accessory building containing nonconforming "sleeping Page 2 - Minutes Special Meeting of January 19, 2000 Southold Town Board of Appeals quarters use." The reason stated in the Building InspectoCs Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXlV, Section 100- 243A. Proposed'construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel No. 1000-126-11-15. Patricia Moore, Esq. appeared with Mr. Bloom, Architect lan Fairweather, and the Contractor, Frank Palestina. Also appearing at the request of the Board was Edward Forrester, Director of Code Enforcement speaking in behalf of the Building Department. After receiving testimony, the Chairman moved to close the hearing, seconded by Member Tortora, and duly carried. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent-excused.) End of Hearing Calendar. 8:02 p.m. Discussion Southampton Lumber Co. Board Members deliberated and discussed possible action. A full Board was not present and the Members decided not to offer a motion at this time. The Board would continue discussions for a possible action to be taken on February 3, 2000 when a full Board was expected to be present. Brief reviews of pending files and general discussions by Board Members followed. No action was taken regarding these informal reviews. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at approximately 8:45 p.m. Respectfully submitted, Lin'da Kowaiski ..~.---~--~ Board Attac~me.~.~~~S.~:::3~ .,~ Secretary 2/3/00 /~pproved - Gerard PTGoehril~r, Chairman APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY I9,2000 Appl. No. 4776 - David Cichanowicz 1000-85-3-10.2 and 97-10-2 STREET & LOCALITY: North Side of Leslie Road, Pecenic. DATE OF PUBLIC HEARING: January 13, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIFFION: The Subject property is located along the north side of Leslie Road, Peconic. BASIS OF APPLICATION: BUilding Inspector's October 19, 1999 Notice of Disapproval which states that Under Article HI, Section 100~32~ the prOPosed sUbdivision crates two lot sizes of 73,332 sq. ff. and the bu~ Schedule requires a conforming lot to be a minimum of 80~000 sq ft AREA VARIANCE Rg.l.ml~ REQUESTED: Applicant requests approval of the size of two proposed lots in this subdivision project col:~inlng al1 area of 73~332. sq. ft. as shown on thc minor subdivision mp prepared Les e Koaa aun an average lot depth of 500 feet. The property is located in an Agricultural-Conservation Zone District REASONS FOR BOARD ACTION, DEScI~mg.n BELOW: Based on the testimony and record before thc' Board, a~ personal inspection, the Board makes tho following findings: 1. Grant of the area variance to create two lots of 73,332.50 sq. i~. each, herein described as lot No. 1 and lot -No. 2, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby. propeffies~ Most of the proPerties in the surrounding area are devoted to agricultural produetion and the size of the proposed lots (1.8 acres each) arc larger than tho nearest improved property which is 1. l acres. 2. TI~ benefit sought by applicant 'cannot be achieved by some method, feasible for appellant to pursue, other th~ an area variance beeause the development rights to tho adjacent lands comprised of 19.1 acres,~ were so!d to the County of Suffolk. Applicant testified that he requesteit Sttffolk( ': t ofthosold develoPmoatfights parcel (lot No: 3) in order t~ 2'to meet the 80,000 sq. R. minimum lot ~..: 49, 2000 /,/ e: 1000-85-3-10.2; 1000-97-10-2 / 5. Thc applicant's difficulty has been serf-created and is due to inaccuracies in the original survey which were used to calculate the sizes of lots No. 1, No. 2 and No. 3. In considering this application, the Board deems this action to be the lmmmum necessary and adequate to preserve and protect thc character of the neighborhood, and the health, safety, welfare of thc community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance subject to the following CONDITIONS: I. Tha~_ this project receive approval under the applieable subdivision reg~da_tions of Town Code. 2. That th~ro bo nO furthcr ~0tal lot area reductions. . VOTE OF THE BOARD: AYES: MEMBERS GOHHR]NGF. R (Ch~irm~), DINIZIO, TORTO~,~"'i~.;i' COLLINS (Member Homing of Fishers Island was ' /~';' For filing on or about Janumy 24, 2000 : ~PPEALS BO.a~RD MEMBERS ~ Southold Town Hall Gerard P. Goehringer, Chairman ~ 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11.971 Lora S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TO'tN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 19, 2000 AppI. No. 4775 - DERITH SUTHERLAND 100088-3-19 STREET & LOCALITY: 1230 Waters Edge Way, Southold DATE OF PUBLIC HEARING: January 13, 2000 .FINDINGS OF FACT P.R_OPE~TY FACTS/~r=SCR!PTiQN: ~he subject property is shown as the "Myles Lot' on the Map of Bay' Haven at South01d filed JanuarY 22,' 1959 as Map No. 2910 in the Office of the Suffolk Coun{y Clerk. The lot consistS'of 17,156 sq. fL with 107.61 ff. frontage along Gin Lane and 160.07 ft. along Watersedge Way.. The lot is improved with a one-story frame dwelling with attached garage. The dwelling w~s built many years ago (40 years plus) and is set back approximately-- - 37.5 feet from the front property line and the 10' front deck reduces the front setback to .approximately 27.5 feet ..BASIS OF APPLICATION: Building Inspector's November 5, 1999 Notice of Disapproval which states thatunder Section 100-244 of the Zoning Code, a minimum front yard setback is required at 35 feet and the applicant's deck creates a setback of 27'7". AREA VARIANCE RI=! ~EF REQUESTEr): Applicant requests a vadance for ~ 10' deck at the.. front of the dwelling, leaving a front yard setback of 27.5 feet facing Watersedge Way. REASONS FOR BOARD ACTION, DESCRIBED BI=Lc)W: Based on the testimony presentedi' n~a;.erials submittedand perSOnaI inspeCtiOn,, the Board makes the following findings: (1) Applicant purchased the property in 1996. The 10 ft. by 24 ft. deck was added in 1998, without a building permit. Applicant noW seeks a building permit and certificate of occupancy for the deck. Because the house is 37.5 feef~ from 'the front property line, and the Code requires a 35-ft. setback, appliCant needs a variance in order to have any sort of deck on the front of the house, which is the side with the Sunny southem exPosUre and water view. (2) -r~..~,e deck is modest in design and does not stand out noticeably from the house The house is the lan One on the n0rlhefl~.sid~ of Watersedge WaY, and has no immediate' neighbor to either the _east ~r West. ~ For these ~sons, g~ant of th~ requested variance will not produce an undesirable cl~ange .in the character of ~'neighborhood or detriment to nearby properties. (3) on and the Safety, -January 19, 2000 ZBA Appl. No. 4775- D. Sutherland Re: 1000-88-3-19 community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Go~(Chairman), Dinizio, Tortora, Collins. 'Member Homing of Fishers isl -0).. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-~.064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2000 Appl. No. 4766 - JAMES WHEELER 1000-59-3-7 STREET & LOCATION: 540 Chestnut Road, Southold DATE OF PUBLIC HEARING: December 14, 1999 and January 13, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 27,100+- sq. f. with 221.58 ft. frontage along the south side of Chestnut Road, Southold. The property is vacant land, 104.53 ft. deep at the easterly side and 118.70 ft. deep at the westerly side. BASIS OF APPLICATION: Building Inspector's October 18, 1999 regarding Section 100-244B because the new dwelling is proposed with a front yard'at less than 40 feet and rear yard at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 16, 1999, applicant proposes a new dwelling at 35 feet fi.om the front property line and deck addition at 28 feet from the rear property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and ~eord before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance, as altematively approved, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot is very wide with a shallow depth. The alternative relief denied the rear yard variance for a deck, leaving only a minimum reduction in the front yard and minimum reduction in the rear yard at 44+- feet. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because of the topography with multiple contours on the lot which lends itself to construction on the highest possible grade of the parcel in the proposed location. 3. The alternative relief granted is not substantial based on the setbacks from the road of existing houses in the neighborhood. 4. There is no evidence that grant of altemative variance relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. Page 2 - January 19, 2000 Appl. No. 4766 - J. Wheeler (1000-59-3-7) SOuthold Town Board of Appeals In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to DENY the 28 ft. rear yard variance for a 16' deck; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF approving the front yard setback at 35 feet and the rear yard setback at 44 feet at its closest points, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with recommendations of Robert M. Marsteller, Jr., P.E. Option 1 (A) dated January 17, 2000 applicant shall provide drainage on applicant's site (see drainage plan dated january 17 2000 prepared by Robert M. Marsteller, Jr. P.E.). 2. Applicant must place all downspouts from roof gutters into storm drains. 3. Hay bales must be placed dudng construction activities at rear of dwelling approximately 25feetfrom foundation and extending 20 ft. in an east-west direction. VOTE OF THE BOARD: AYES: Goehringer, Dinizio~-G-ofl~, and Tortora.- (Member Homing was absent/excused earlier.)T~~~~ // --- ~'~ For Filing ~1100 Attachment (1) CHESTN JT ROAD