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Home My WebLink AboutZBA-03/09/2006 SpecialAPPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES SPECIAL MEETING THURSDAY, MARCH 9, 2006 Mailing Address: 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 ! 1971 RECEIV;~D ,.d ;30 .~'-r~. MAR ; 3 ~fl~_ . '$outhofcl Tc,¥:n Clerk A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, March 9, 2006 commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent was: James Dinizio, Jr./Member 6:00 p.m. Chairwoman @liva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: Approvals with Conditions: ZBA File 5832 - Robed and Donna Haase ZBA File 5841 - Paul Long ZBA File 5834 - Carol Festa and Thomas Geppel, Jr. ZBA File 5827 - Jonathan Zang ZBA File 5836 - Shinn Vineyards, Inc. and Barbara Shinn ZBA File 5835 - Anthony and Susan Napolitano Denials with Grant of Alternate Relief' ZBA File 5618 - Timothy Steele ZBA File 5823 - Charles and Lynn Hill ZBA File 5843 - Edward and Ann O'Connel[ Approvals as Applied: ZBA File 5818 -Jim and Karen Speyer ZBA File 5838 - George and Mary Sioras ZBA File 5840 - Angelo and Susan Renna Page 2 - Minutes Meeting held Mamh 9, 2006 Southold Town Board of Appeals ZBA File 5686 - Anthony and Danielle Cacioppo ZBA File 5837 -Terry McLaughlin Deniak ZBA File 5828 - Olvasid Realty LLC RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to authorize advertisincl of al~l)lications in coml~lete form for public hearincls to be held on Thursday, March 30, 2006, commencincl at 9:30 AM. 9:30 A.M. ERIC ROULEAU and JAMES CARDWELL #5852. Request for a Variance under Section 100- 30A.3, based on the Building Inspector's January 27, 2006 Notice of Disapproval, amended February 6, 2006, concerning an application for alterations to a non-habitable attic. The reason stated in denying the building permit application is the proposed construction converts the attic to a third story, instead of the allowable 2-1/2 story code limitation. Location of Property: 3105 Peconic Lane, Peconic; CTM 1000-74-4- 16.1. 9:35 A.M. JULIE ANNE HAERR #5845. Request for a Variance under Sections 100-242 and 100-244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concerning a request to build additions. The reasons stated for denying the application is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line, at 305 Mill Creek Drive, Southold; CTM 135-3-28.2. 9:40 A.M. RICHARD and KATHERINE LOCKE #5856. Request for a Variance under Section 100-33, concerning a request to locate a swimming pool in a front yard instead of the code-required rear yard, at 1145 Hillcrest Drive, Orient; CTM 1000-13-2-8.9. 9:45 A,M. IRMA VOIGT #5844. Location of Property: 1025 and 1125 West Cove Road, Cutchogue. Request for a Lot Waiver under Code Section 100-26, based on the Building Department's March 8, 2006 Notice of Disapproval stating that County Tax Map Parcel Numbers 15 and 14, District 1000, Section 111, Block 3, pursuant to Section 100-25, because a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the adjacent lot at any time after July 1, 1983 shall merge. 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." 9:55 A.M. JOHN and MARION BRANDVOLD #5851. Request for Variances under Sections 100-242A, 100-244, and 100-239.4B, based on the Building Inspector's January 30, 2006 Notice of Disapproval concerning an application to change the scope of work granted under ZBA #5516 relative to a proposed new single-family dwelling, after removal of the existing dwelling. The reasons stated denying the building permit application are that the new construction will be less than 75 feet from the existing wood bulkhead, less than 10 feet in a single side yard, less than 15 feet on the opposite side, and for a total side yard area at less than 25 feet. Location of Property: 1955 Bay Shore Road, Greenport; CTM 1000-53-4~10 10:05 A.M. ELENA KARACOSTAS #5850. Request for Variance under Sections 100-33C and 100-244B, based on applicant's request for an amended Building Permit and the Building Inspector's January 19, 2006 Notice of Disapproval concerning construction of a foundation for an accessory garage in a front yard at less than the code-required 40 feet from the front property line. Location of Property: 21275 Soundview Avenue, Southold; CTM 1000-135-1-2. 10:15 A.M. BIEL ASSOCIATES, LLC c/o GASTON CRIBLEZ #5855. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval concerning a proposed dwelling at less than 35 feet from the front yard lot line and less than 75 feet from the bulkhead, at 1315 Water's Edge Way, Southold; CTM 1000-88-5-68. Page 3 - Minutes Meeting held March 9, 2006 Southold Town Board of Appeals 10:25 A.M. JOHN MILAZZO #5859. Request for Variances under Sections 100-239.4B, 100-242A and 100-244, concerning proposed additions and alterations to the existing dwelling, which constitute an increase in the degree of nonconformance when located at less than 10 feet on a single side yard. In addition, the new construction will be less than 75 feet from the wood bulkhead. Location of Properly: 1165 Island View Lane, Greenport; CTM 1000-57-2-20. 10:50 A.M. GERI ARMINE KLEIN #5853. Request, after withdrawing Appeal No. 5793, for a variance under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of fence structures that will exceed the code limitation of four feet when located in or along a front yard, at 160 Sound Avenue and Sound Road, Greenport; CTM 33-4-35.2. 1:00 P.M. ORIENT FIRE DISTRICT and CINGULAR/NEXTELJVERIZON WIRELESS. Location of Property: Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. #5863 ORIENT FIRE DISTRICT. Requests for Special Exception and Height Vadance based on the Building Inspector's March 8, 2006 Notice of Disapproval, amended March 8, 2006, concerning the revised location of the telecommunications tower. (Please note approvals under ZBA #5408 dated 3/31/05 and Building Permit #31215-Z.) The reason stated by the Building Inspector for denying the new location is that Section 100-162A(3) states that a wireless communications facility is subject to site plan approval and must meet the following requirements: Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings within 300 feet of the facility. #5805 CINGULAPJNEXTELNERIZON WIRELESS #5805 (adioumed as re~luested bv afomev's letter 2/23 from March 2~d for OFD amended tower location). Request for Special Exception under Section 100-162A for public utility use (telecommunications antennas) on a new tower proposed to be constructed with an amended co-location on the new Orient Fire Department's telecommunications (flagpole) tower, as amended March 8, 2006, and with related accessory equipment shelter structure(s). 2:30 P.M. NICHOLAS ALIANO #5846 (Continued from March 2, 2006). Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, conceming a building permit (#31581Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon and Weisman. This Resolution was duly adopted (4-0). RESOLUTIONS/OTHER ACTION, Continued B. Discussion and Resolution to consider request of Eleanor and Richard Coffey, requesting an extension of time beyond 12 months for their Special Exception B&B permit to 2008 (see Code ref. 100- 262C, 12 month code limitation). Building Permit needs to remain in effect till CO issued (or re-apply if Building Permit expires). C. Brief reviews of pending files and general discussions by Board Members followed. Page 4 - Minutes Meeting held March 9, 2006 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:55 p.m. Respectfully submitted, Included by Reference: Filed ZBA Decisions (15) Ruth D. Oliva, Chairwoman Approved for Filing RECEIV;-D w~ Sou~i~olcl Tc,~:. Llerk RECEIVED MAR ~? 2006 " APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 /'I Mailin~ Address: Southold Town Hall 53095 Main Road. PO. 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 MARCH 9, 2006 ZB File No. 5828 - OVLASID REALTY LLC Property Location: 1275 Cedar Beach Road and Orchard Lane, Southold CTM 89-3-1.1 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 FACTS/DESCRIPTION: The applicant's 144,712 square foot parcel is improved with a small accessory building, and the land includes approximately 10,336 square feet of restricted right-of-way easement area, leaving 134,376 square feet for planning of a subdivision into two or more lots. The property is shown on OS/2005 and 11/2005 survey maps prepared by Destin G. Graf, Land Surveyor; the property is zoned at the westerly portion with approximately 64,723 square feet in the Hamlet Business (HB) District, and the remainder (71,933 square feet) zoned Agricultural-Conservation (AC) Zone District (excluding the 8,055 square foot restricted 50 ft. wide easement area of Clearview Road. BASIS OF APPLICATION: Zoning Code Chapter 100, Section 100-32, based on the Building Inspector's December 9, 2005 Notice of Disapproval concerning the applicant's proposed division of land into four (4) lots. The reasons stated for the denial are that proposed Lots 3 and 4 will not meet the required 80,000 square feet of land area as proposed with a total land area of 35,940 square feet and 35,993 square feet, Lots 3 and 4 respectively in the Agricultural-Conservation Zone District. It is further noted that Lots 1 and 2 as proposed will not be less than the code required 20,000 square foot minimum in the Hamlet Business District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, 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 area variances for lots which do not meet the minimum size requirement of 80,000 square feet in area for the Agricultural-Conservation Zone District. The proposed sizes of future lots 3 and 4 will not meet the required 80,000 square feet of land area in the Agricultural-Conservation Zone District with 35,940 square feet for Lot 3 and 35,993 square feet for Lot 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 the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood consists mainly of single-family dwellings on lots with one acre or greater in size, and in the Agricultural-Conservation Zone District. The variance between .. Page 2 - March 9, 2006 ZB File No. 5828 - Ovlasid Realty LLC CTM No. 89-3-1.1 the size of the proposed 35,940 square feet and the code required size of 80,000 square feet, would produce an undesirable change in the neighborhood and cause detriment to properties that are nearby. The applicant owns a lot that is 134,376 square feet of usable land, and may be used for single-family dwellings in the A-C District portion, or uses allowable in the Hamlet Business portion, or both if planned to conform to the Zoning Code requirements. It is this Board's determination that it is not sufficient for an applicant to submit that a variance should be granted because of applicant's need for a fourth lot, instead of three lots as an alterative in meeting the code lot size requirements. It appears that the applicant's plan is for a greater economic return of his property, rather than a plan that is reasonably related to the codes and character of the neighborhood. The property has remained as a single 3.08 +/- acre lot, shown on the former Subdivision Map of Cedar Beach Park. In this instance, applicant has not offered any showing of economic loss or practical difficulty other than that found by this Board and the New York courts to be insufficient for a grant of area variances. 2. 1'l1e benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance because the property is at least three acres in size as exists and the zoning would allow one lot of 80,000 square feet in the Agricultural-Conservation Zone District, and at least one lot of 20,000 square feet in the Hamlet-Business District. 3. The variances requested are substantial, representing a reduction of 44,000-/+ square feet for each of the two proposed lots, instead of the 80,000 square foot requirement for each in the Agricultural-Conservation Zone District. 4. The claimed difficulty has been self-created since the applicant is able to obtain a division of land to create two or more lots while meeting the lot size requirements of the Zoning Code, without variances. 5. Testimony was received by area landowners with concerns and reasons why variances should not be granted. The Board finds that the requested variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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 Goehringer, seconded by Chairwoman Oliva, and duly carried, to DENY the variances as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authortzed under this application when involving nonconformities under the zoning code. This action does not authortze 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 (Chairwoman), Goehringer, Simon and Weisman. (Member Dinizio was absent.) This Resolution was duly ~ ISJ. cQ~ Ruth D. Oliva 6/ iY' /06 Approved for Filing