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HomeMy WebLinkAboutZBA-04/08/1999 SPECAPPEALS BOARD MEMBERS Gerard P. 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 (5!6) 765-1809 MINUTES THURSDAY, APRIL 8, 1999 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, April 8, 1999 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman ]ames Dinizio, .]r., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was: George Horning (excused). 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I-A - (See page 3, infra). AGENDA ITEM I-B: The Board proceeded with Appl. No. 4643 - .lohn Mesloh, by his agent-builder, Bay Creek Builders, Inc. confirmed that his application is withdrawn. RESOLUTION: Motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carried, to accept the applicant's request WITHDRAWING Appl. No. 4643. Vote of the Board: AYES: Members Goehringer, Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent). AGENDA ITEM I-C. RESOLUTION: Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to approve the Minutes for March 25, 1999 Meeting for filing. II. DELIBERATIONS/POSSIBLE DECISIONS: Approved as applied: Appl. No. 4663 - FRANK MIRCHEL. Southold. Rear yard setback. Addition at Yennecott Drive, Page 2 - Minutes April 8, 1999 Special Meeting Southold Town Board of Appeals Appl. No. 4667 - JOHN AND LUCIA SICA. Front yard setback for new dwelling from ROW. Main Road, East Marion. Denial and Grant of Alternative Relief as a Minimum: Appl. No. 4666 - MR. AND MRS. BARRY. Garage location with insufficient front yard setback on a corner lot at West Cove Road, Cutchogue. Appl. No. 4670 - MR. AND MRS. SICA. Bulkhead setback. ROW off s/s Main Road, East Marion. (Decision combined with Decision of Appl. No. 4667, supra). III. SEQ)RA DETERMINATIONS. A. RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded by Member Dinizio, confirming the following applications to be Unlisted Actions with NEGATIVE DECLARATIONS under the New York State Environmental Quality Review Act (SEQRA): Appl. No. 4669 - Southampton Lumber Corp. Appl. No. 4681 - Michael K. Hughes/North Shore Yacht Sales. The Chairman explained details to his knowledge about the site and proposed use. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). B. RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded by Member Tortora, confirming the following applications to be Type II (exempt from further SEQRA review), being dimensional-setback adjustments, nonconforming lot line or lot area adjustments, accessory buildings and/or Accessory Apartment uses: Appl. No. 4677 - S. Scace Appl. No. 4672 - D. Rose Appl. No. 4673 -]. Lang Appl. No. 4674 - S. Friedman Appl. No. 4678- V. Basilice Appl. No. 4680 - R. Terry Appl. No. 4665 - F. Raynor Appl. No. 4676- A. Palumbo Appl. No. 4679- ]. Rogers Appl. No. 4684 - S. Tully Appl. No. 4682 - P. Winters Appl. No. 4683 -V. Campbell Appl. No. 4675 -A. Hughes Appl. No. 4636 - P. Mortimer (project amendment). Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). C. UPDATES: Other applications pending with other agencies or incomplete pending additional information: Robert Schroeder project (await additional documentation); Hellenic page 3 - Minutes April 8, :~999 Special Meeting Southold Town Board of Appeals Cabins/Giannaris project to expand existing buildings (await additional documentation, setbacks, etc); Lettieri and Gazza project (incomplete- await additional documentation); Lustgarten-Tavano project. (the applicant postponed pending possible new setback information and new design); Empire Gas Project (await additional agency reviews and possible new setbacks). No change in status as of 4/8/99. IV. CODE COMMI-I-I-EE. (Last meeting was April 5, 1999.) I-A: Appl. No. 4668 - Southampton Lumber Corp. Appl. No.4668 - Board Members discussed the letters from Donielle Cardinale requesting that Board reopen hearing record in the Matter of Appl. No. 4668 - Southampton Lumber property at Hain Road, Hattituck. HB Zone. The Board Members also confirmed reading Stephen Ham, Esq.'s letter in opposition to Ms. Cardinale's request. Board Hember(s) asked the Board Secretary if there was time to advertise for April 22, :[999, and it was agreed there is sufficient time. RESOLUTION: Notion was made by Member Dinizio, seconded by Member Collins, and duly carried, to REOPEN the hearing in the Matter of Southampton Lumber Corp., Appl. No. 4668, with a date of April 22, 1999. Vote of the Board: AYES: Members Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent-excused.) This Resolution was duly adopted (4-0). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 7:20 p.m. A~ac~ase ~D/er~sieF~ (3~)~ 'APproved for Filing 5/;)'/99 Gerard P. Goehringer, Chairm~tfl Respectfully submitted, Kowalski Confidential ZBA Secretary ~/~ c~/~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI,S 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 MEETING OF APRIL 8, 1999 Appl. No. 4666 - ROBERT AND 3OYCE BARRY 1000-111-3-18 STREET & LOCALITY: 875 West Cove Road, Cutchogue DATE OF PUBLIC HEARING: March 25, 1999 FINDINGS OF ?ACT PROPERTY FACTS/DESCRIPTZON: The applicant's property fronts a distance of 210+- feet on an undefined curve along the north and east sides of West Cove Road (a/k/a West Loop), Cutchogue, with 191.85 Fo. at the northerly property line and 114.75 feet at the easterly property line. This lot Is shown as Lot #20 on the Revised Subdivision Hap of "Alonzo .Jersey, Peconic." The lot consists of a total area of approximately 20,100 square feet and is a corner lot as defined by Section 100-13 of the Zoning Code. The 3uly 9, 1998 survey prepared by Destin G. Graf shows a new dwelling under construction, a proposed swimmingpool, and a proposed garage, at 10 feet from the easterly property line, and partly in the rear yard (approximately half of the garage), and the remaining portion encroaching into the front yard area. The Board is also in receipt of a construction diagram dated _lanuary 19, 1999 prepared by .leffrey T. Butler, P.E. BASIS OF APPEAL: The Building Inspector's 3anuary 22, 1999 Notice of Disapproval, under Article III-A, Section 100-30A.4 which ~i~tes that a new detached two-car garage with second floor attic shall not be located in a yard other than the rear yard. AREA VARIANCE RELIEF REOUESTED: Applicants' request is to locate a proposed garage partly in the front yard area at an angle, with its closest point (southeast corner) at 22 feet from the front property line. Applicants at the public hearing agreed to alternative relief for a greater setback. (No other variances are being requested.) INFORMA'I~ON AND EVIDENCE: The'Zoning Board held a public headng on this matter on March 25, 1999 at which time testimony was presented. In response to board members' concems over the proposed 22-foot front yard setback, the applicants agreed to accept an increased front yard setback in order to locate the proposed garage fu~[herfTom~west Cove Road. Page 2 - ~:000-111-3-18 AppL No~ 4666 - Robert & ]o/ce Barry Decision Rendered April 8, 1999 REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on testimony, the record presented, and personal inspection, the Board makes the following findings: ~[n considering this application, the Board finds that a variance to allow construction of the proposed garage with a minimum front yard setback from West Cove Road of 30 feet is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety and welfare of the community. 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because several other properties in the area contain garages which are located in the front yard. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an' area variance because the property is a small pie-shaped parcel with little room to locate a garage in the required rear yard. 3. The variance granted is not substantial and substantially conforms to the code requirements for setback of a principal structure. 4. The difficulty has been in part self-created and relates to the applicants' desire to build a garage, and is in part due to the small size and irregular:shape of the lot. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district .because the properties are wooded and the applicants have agreed to increase the setback to protect the privacy of the neighborhood. RESOLUT]:ON/ACTJ:ON: NOW,-THEREFORE, on motion by Member Tortora, seconded by Chairman Goehdnger, it was RESOLVED, to DENY applicant's request to locate an accessory garage at 22-foot from the front property line; and BE IT 'FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF with respect to the front yard setback for a proposed accessory garage, at not closer than 30 feet, at its closest point. VOTE OF THE BOARD: AYES: MEMBERS GOEHR[NGER, DIN[Z_IO, TORTORA, and COLLINS. (Member Homing of Fishers Island was absent, as agreed.) _...T~!~.:~esolution was duly adopted (4- GE~ P..~NGER CHA~RIVlAN Fer Filings4/.[4/99 APPEALS BOARD MEMBERS Gerard P. 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 MEETING OF APRIL 8, 1999 Appl. No. 4667 and 4670 - JOHN AND LUCIA SICA PARCEL 1000-31-14-9 STREET & LOCALITY: 12860 Main Road, East Marion DATE OF PUBLIC HEARING: March 25, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This 23,689 sq. ft. parcel is located along the southerly side of the Main Road (S.R. 25) in East Marion with dimensions of 100 ft. along the Main Road, 280 feet at the westerly property line, 235 feet at the easterly property line, and 94.02 (tie line) along average high water line of Odent Harbor. The property is bounded on the south side by an existing bulkhead along Orient Harbor, to the east by a lot improved with a single-family dwelling, and the Main Road to the north. A survey prepared July 23, 1973 for Peter Pizzarelli shows a former easement to the water over the westerly abutting property. This easement has not been used as a vehicular right-of-way. BASIS OF APPEAL: Two Notices of Disapproval dated February 5, 1999 in applicants' request to place a new single-family dwelling with attached garage and deck. The building permit application was disapproved for two reasons: (a) construction is proposed closer than 40 feet to the westerly front property line and (b) closer than 75 feet to the existing bulkhead. Southold Town Zoning Code, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4B. AREA VARIANCE RELIEF REQUESTED: Applicant has submitted a survey revised February 21, 1999 showing a proposed dwelling location with the following setbacks: (a) 20+- feet from the westerly (front) property line, 36+- feet from the southeasterly section of the bulkhead (50+- ft. from the 9/19/97 high water line). The location of the septic system at the northwest area of the proposed dwelling, as approved 7/22/98 by the County Health Department, is approximately I20 feet from the high water line, 10 lt. from the westerly property line, and 100 feet from the proposed well near the northedy front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: 1. Given the width of the property, applicant needs a variance from the front yard setback requirement on the westerly side in order to build a house of reasonable width. Page 2 - Appl. No. 4667 and 4670 .1. and L. Sica: 1000-31-14-9 ZBA Decision Rendered April 8, 1999 2. The sole purpose of the right-of-way abutting the property to the west is to give access to the waterfront lot immediately to the west. The right-of-way is not improved, and as a practical matter does not constitute a road. Thus, the westerly yard of applicant's proposed house is a front yard only in a technical sense. Because this yard will have the character of a side yard, grant of a variance allowing a setback of only 20 feet from the property line will not create an appearance that would produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Together with the 15-foot easterly side yard setback, the two yards will satisfy the Code requirement that Side yards be at least 15 feet deep and total at least 35 feet. 3. Given the shape of the property and the County Health Department requirements for siting the septic system, in order to build a house on their property, applicants need a variance from the requirement of a 75-foot bulkhead setback. 4. Applicant proposes to locate the house so that its southerly deck will be 36 feet from the bulkhead at its closest point. At the hearing on March 25, 1999, applicants indicated a willingness to locate the house further back from the bulkhead, to the extent feasible in light of the required location of the septic system. 5. Construction of the house five feet further back than proposed - i.e., a setback of 41 feet at the closest point to the bulkhead - will mitigate any potential undesirable effects on neighboring properties and will give maximum feasible effect to the Code's bulkhead setback requirement. 6. There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 7. Grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct a house on his property while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins,.seconded by. Member Tortora, it was RESOLVED, to DENY the bulkhead setback applied for, and BE IT FURTHER RESOLVED, TO GRANT ALTERNATIVE RELIEF with a 41 ft. setback from the bulkhead at its closest point; and BE ~ FURTHER RESOLVED, to GRANT the setback from the westerly property line as applied for at 20 feet at its closest point. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Morning of Fishers Island was absent as agreed). This Resolution was duly adopted (4- / ////" GERARD P. GOEHR~NGER CHAIRIVlAN For Filing 4/14/99 ~:~x.(z.. APPEALS BOARD MEMBERS Gerard P. 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 EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DE1-ERMINATION MEE-FING OF APRIL 8, 1999 Appl. No. 4663 - FRANK MIRCHEL PARCEL 1000-55-4-16 STREET & LOCALITY: 2485 Yennecott Drive, Southold DATE OF PUBLIC HEARING: March 25, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 36 on the Map of Yennecott Park located along the northerly side of Yennecott Drive, Southold. Existing is an one- story, single-family frame dwelling with the "as built" addition. The dimensions of the property are 183.14 ft. along Yennecott Drive and 131 feet deep at the east side. The lot is 22,200+- sq. ft. in total area and is referred to as Lot 36 on the Map of Yennecott Park, Filed Hap No. 5187, filed October 9, 1968 in the Office of the Suffolk County Clerk. BASIS OF APPEAL: The Building Inspector's January 27, 1999 Notice of Disapproval, under Article XXIV, Section 100-244B for the reason that the setback of the "as built" addition is required to have a rear yard setback of 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting approval of an "as built" 11'6" by 11'4" addition located at the rear of the dwelling at 35 feet from the rear property line, as shown on the Plan No. 6098 prepared by Warren A. Sambach, Sr., P.E. dated ]uly 22, 1998, and shown on survey dated October 6, 1990, prepared by Stanley 3. Isaksen, _lr. (No other variances are requested.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the addition is small and has existed for more than 20 years with no harm to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the nonconforming setback was created by the prior owners, who constructed the addition. 3. The requested area variance is not substantial in relation to the code required 50-foot setback. Page 2 - Appl. No, 4663 1000-55-4-16 (Mirchel) ZBA April 8, 1999 Meeting 4. The difficulty has not been self-created because the addition was constructed by the prior owners without a permit more than 20 years ago and the current owner/applicants wish to legalize the addition. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is located in the rear yard, which is well landscaped with trees and shrubbery. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variance as applied for (as built). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent as agreed.) This Resolution was duly adopted (4- ./~ 'GERARD P. GOEHRINGER / // CHAIRMAN , For Filing q/14/99 0).