HomeMy WebLinkAboutZBA-08/18/1999
APPEALS BOARD MEMBERS j ..~ <i,UHOLk
lll~ Southold Town Hall
Gerard P. Goehringer, Chairman <<i ~~ 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
CI:) 02:'
Lydia A. Tortora ~ ~' Southold, New York 11971
Lara S. Collins ~.. ~ ZBA Fax (516) 765-9064
George Horning ~Q" + -+.~<:s Telephone (516) 765-1809
~esJ. BOARD OF APPEALS
q-/(P-qq. TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, AUGUST' 18, 1999
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, August 18,
1999 commencing at 6:35 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member
Lora S. Collins, Member
Linda Kowalski, ZBA Confidential Secretary
Chairman Gerard P. Goehringer called the meeting to order at 6:45 p.m.
* * *
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
1. SEQRA updates/pending receipt of additional information:
A. Schroeder Property - Main Road, East Marion. LEAF review.
Gazza-Letteri - new private road for five future dwellings extending from Main
Road.
Mattituck Library expansion - PB Site plan, ZBA Special Exception & side yard
variance.
Hellenic-Giannaris for multiple habitable buildings, restaurant, etc. on 2.5+-
acres with variance(s). (Also await additional documentation from agencies
before advertising variance.)
B. New and complete applications (hearings listed below):
SEQRA determinations rendered by Town Planning Board (lead agency):
Appl. No. 4725 - Mattituck Ubrary.
Position Resolution determining Type II Actions (no further steps) for:
PaCle 2 - Minutes .
Meeting held August 18, 1999
Southold Town Board of Appeals
App!. No. 4734 - R. Minor
App!. No. 4730 - e. Donlin
App!. No. 4732 - R. O'Toole
App!. No. 4733 - V. Carnevale.
App!. No. 4735 - M. Fedele.
App!. No. 4737 - E. Borak
App!. No. 4738 - R. Tapp and N. Ellis
App!. No. 4729 - Mattituck Library variance.
App!. No. 4731 - B. Zorn.
e. Lead Agency determination and Negative Declaration confirmed:
App!. No. 4699 - L. Jerome plan, as amended (Hardware Store).
II. PUBLIC HEARINGS, Aqenda Item II: Unless otherwise noted, each hearing was
closed after receiving testimony. The first hearing in the Matter of Ronald Burk, App!. No.
4726,wascancelled'at request~ofapplicant~ The Chairman confirmed that theC!PpHcationis
noted "withdrawn."
6:45 p.m. App!. No. 4734 - REGINALD MINOR. This is a request for a Variance
under Article III-A, Section 100-30A.4 (and Section 100-33) based upon the Building
Department's July 15, 1999 Notice of Disapproval regarding a double accessory shed
structure in the side yard, (and partly in the front yard) at 360 Stephenson Road (Private
Road #1, Orient; 1000-17-1-12. Charles R. Cuddy, Esq. spoke in behalf of the application.
Also present was the owner, Mr. Minor. After receiving testimony, the hearing was declared
closed. Please see written trCinscript of hearing record, prepared under separate cover by
Lucy Farrell.
6:55 p~m. Appl. No. 4730 - CAROLE DONLIN. This is a request for a Variance under
Article III-A, Section 100-30A.3 and Section 100-244B based upon the Building Department's
May 6, 1999 Notice of Disapproval regarding a carport addition with total combined side
yards at less than Code requirement at 910 New Suffolk Avenue, Mattituck; 1000-114-12-8.
The applicant-owner Ms. Donlin spoke in behalf of her application. After receiving testimony,
the hearing was declared closed. Please see written transcript of hearing record, prepared
under separate cover by LUcy Farrell.
6:58 p.m. Appl. No. 4732 - RICHARD O'TOOLE. This is a reque~t for a Variance
under Article XXIII, Section 100-239.4B based upon the Building Department's July 1, 1999
Notice of Disapproval regarding a pool in a rear yard location, at less than 75 feet from the
existing bulkhead. Location of Property: 2280 Ole Jule Lane, Mattituck, NY; 1000-122-4-
10. Cathy Mesiano, agent, appeared in behalf of the property owner. After receiving
testimony, the hearing was declared closed. Please see written transcript of hearing record,
prepared under separate cover by Lucy Farrell.
7:11 p.m. App!. No. 4733 - VITO CARNEVALE. This is a request for a Variance under
Article XXIII, Section 100-239.4A based upon the Building Department's July 7, 1999 Notice
of Disapproval regarding a porch addition at less than 100 feet from top of bluff or bank of
Long Island Sound. Location of Property: 1500 Hyatt Road, Southold, NY; 1000-50-1-7.
Mr. Carnavale spoke in behalf of his application. After receiving testimony, the hearing was
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Meeting held August 18, 1999
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5outhold Town Board of Appeals
declared closed. Please see written transcript of hearing record, prepared under separate
cover by Lucy Farrell from tape recording.
7:19 p.m. Appl. No. 4735 - MICHAEL FEDELE. This is a request for a Lot Waiver
under Article II, Section 100-26, based upon the Building Department's May 26, 1999 Notice
of Disapproval regarding lot referred to as 705 Fanning Road, New Suffolk, County Tax Map
Parcel # 1000-117-4-24, merged pursuant to Section 100-25A with an adjoining parcel
referred to as 625 Fanning Road, New Suffolk, NY; Parcel # 1000-117-4-23. Abigail
Wickham, Esq. appeared in behalf of the applicant. After receiving testimony, the hearing
was declared closed. Please see written transcript of hearing record, prepared under
separate cover by Lucy Farrell.
7:27 p.m. Appl. No. 4737 - ELYSE BORAK. This is a request for a Variance under
Article XXIV, Section 100-244 based upon the July 21, 1999 Notice of Disapproval regarding
a proposed addition with a combined side yard setbacks of less than 35 feet. 8045 Peconic
Bay Boulevard, Laurel; 1000-126-9-14.1. Mr. Fred Milner and Mrs. Borak spoke in behalf of
the application. Speaking against was Abigail Wickham, attorney for Mr. and Mrs. Wallace
Smith, landowners to the east. After receiving testimony, the hearing was declared closed.
Please see written transcript of hearing record, prepared under separate cover by Lucy
Farrell.
7:45 - 7:52 p.m. Appl. No. 4738 - ROBERT TAPP and NICHOLAS ELLIS. This is a
request for a Variance under Article XXIV, Section 100-244 based upon the July 20, 1999
Notice of Disapproval regarding location of a proposed garage in a front yard at less than 40
feet at 275 West Road, Cutchogue; 1000-110-7-11.1. Mark Schwartz, Architect, appeared
and spoke with Bob Tapp, an applicant. After receiving testimony, the hearing was declared
closed. Please see written transcript of hearing record, prepared under separate cover by
Lucy Farrell.
7:52 - 7:58 p.m. Resolution: Motion was made by Member Tortora, seconded by
Chairman Goehringer, and duly carried, to recess for a break.
7:58 p.m. Resolution to Reconvene. Motion was made by Member Tortora,
seconded by Chairman Goehringer, and duly cararied, to reconvene.
II. PUBLIC HEARINGS continued:
7:58 p.m. MATTITUCK LIBRARY. Requests regarding property located at 13900
Main Road (S.R. 25), Mattituck, NY; Parcel No. 1000-114-11-2 for the following:
Appl. No. 4725 - Special Exception under Article VII, Section 100-71b(4) to
expand library use (addition);
Appl. No. 4729 - Variance under Article VII, Section 100-72 regarding portion
of addition which will be less than 15 feet from the easterly property line.
Mr. Tortorice, Architect with Beatty and Harvey Associates appeared with Mrs. Kay
Segal of the Mattituck Library. After receiving testimony, the hearing was declared closed.
Page 4 - Minutes
Meeting held August 18, 1999
Southotd Town Board of Appeals
Please see written transcript of hearing record, prepared under separate cover by Lucy
Farrell.
8:10 - 8:27 p.m. Appl. No. 4731 - BOBBIE ZORN. This is a request for a Variance
under Article VII, Section 100-82, based upon the June 24, 1999 Notice of Disapproval
regarding an application for a building permit to move and attach the main building to an
accessory building (barn); under Article VIII, Section 100-82, new construction will create a
single structure with a single-family as a principal use and building, at a setback less than 20
ft. from the southerly property line. Location of Property: 475 Main Road (S.R. 25),
Green port; County Tax Map Parcel #1000-35-1-22. Zone: Limited Business (LB). Patricia
Moore, Esq. appeared with the applicant's architect, Robert Brown of Fairweather-Brown,
and the applicants, Bobbie and Carol Zorn, her sister. After receiving testimonYI the hearing
was declared closed. Please see written transcript of hearing record, prepared under
separate cover by Lucy Farrell.
.~8.:27- 8:42p.m. Appl. No. 4699 - LISA JEROME (HARDWARE STORE}".. Variances
are requested under Article XI Section 100-102 to locate a proposed addition with reduced
rear and front yard setbacks I and under Article X, Section 100-103C for a proposed addition
with extended frontagel in this General "B" Business Zone District. This request is based
upon an application for a building permit and Building Inspector's April 51 1999 Notice of
Disapproval. Location: Hart's Hardware Storel 50000 Main Road and Jockey Creek Drive,
Southold; 1000-70-5-6.2. Patricia Moore, Esq. appeared with Mr. Bob Goodale, owner-
operator of the Hardware Store. After receiving testimony, motion was made by Chairman
Goehringerl seconded by Member Tortoral and duly carriedl to RECESS the hearing for a
continuaticinl pending the submission of an application by applicant's attorney with the
Planning Board. Mrs. Moore indicated that it was her understanding the Planning Board
would not entertain a site plan application while the va ria rice was pending. Mrs. Moore was
advised by ZBA staff that the Planning Offices would accept a site-plan application with a
$160 filing fee if it were submitted, for SEQRA and preliminary review purposes - but not
issue a site plan determination until all agencies acted. Mrs. Moore agreed to file the
amended map with the site plan application as soon as possible.
8:42 - 8:52 p.m. A break was taken.
8:52 p.m. Meeting reconvened. Motion was made by Chairman Goehringer,
seconded by Member Tortora, and duly carriedl to reconvene.
"
II. PUBLIC HEARINGS continued:
8:52 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. Continuation from July 22,
1999 hearing calendar.) This is a request for Variances based on the June 14, 1999 Notice of
Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback
from the top of the L. 1. Sound bluff at less than 100 feet at its closest point; (b)
insufficient side vard at less than 20 feet on one side; (c) insufficient total combined sides
at iess than 45 feet; (d) building heiaht up to 45 ft. instead of the code limitation of 35
feet. Location of Property: North Side of Private Right-of-Way (Private Road #11) extending
off the North side of Sound Avenue, Mattituck, NY; Parcel 1000-112-1-12. The Board
Secretary asked Mrs. Moore for the last three green-signature cards (Mrs. Moore agreed to
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Page 5 - Minutes
Meeting held August 18, 1999
Southold Town Board of Appeals
send them if they weren't already forwarded.) Patricia Moore, Esq. appeared and spoke
together with the contract vendee, Dr. Hirsch, Design Architect Charles Rich, Contractor Bob
Schroeder, Jr., and Dick Schiveno, attorney for the seller. Speaking against the application
was Anthony Tohill, Esq., representing Dr. R. Rothberg, the Cannon, Graff and Gurney
Families (representative family members also present). Please see written transcript of
hearing record, prepared under separate cover by Lucy Farrell.
RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer,
seconded by Member Horning, and duly carried, to RECESS the hearing to a date of
September 16, 1999. This Resolution was duly ADOPTED (5-0).
End of Hearings.
* * *
The Chairman proceeded to Agenda Item IV-C.
RESOLUTION: APPROVAL OF MINUTES. Motion was made by Member Dinizio, seconded by
Member Tortora, and duly carried, to Approve the Minutes of the following Meetings:
July 28, 1999 Special Meeting
July 22, 1999 Regular Meetng.
This Resolution was duly adopted (5-0).
* * *
The Chairman proceeded to Agenda Item IV-D. RESOLUTION: APPROVAL OF SEPTEMBER
16.. 1999 CALENDAR OF HEARINGS. Motion was made by Chairman Goehringer, seconded
by Member Dinizio, and duly carried, to CALENDAR the following applications for inspections,
and advertise same for publiC hearings to be held on THURSDAY, SEPTEMBER 16, 1999:
6:30 p.m. Appl. No. 4702 - DAN AND MADEUNE ABBOTT. (Continuation from July
22, 1999). This is a request for a Lot Waiver under Article II, Section 100-26 fur a
substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay
Estates, NY, identified on the Suffolk County Tax Maps as District 1000, S~<:tion 37, Block 4,
Lot 14. This request is based on an application for a building permit and the Building
Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in
District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to
common ownership at any time since July 1, 1983. The adjoining lot 1000-37-4-15 is
improved with a dwelling and is referred to as 435 Pine Place, East Marion, NY.
6:35 p.m. Appl. No. 4739 - WILUAM RICH III. This is a request for a Variance
under Article III, Section 100-31C.4 for the use and location of an accessory swimming pool,
constructed under Building Permit No. 18782, at 1105 Orchard Street, Orient; Parcel Nos.
1000-25-2-20.17 and 19.1. This appeal Is based upon the July 28, 1999 Notice issued by the
Building Department, disapproving an application for a Certificate of Occupancy, for the
following reasons:
Page 6 - Minutes
Meeting held August 18, 1999
Southold Town Board of Appeals
"Swimming pool or tennis court incidental to the residential use of the premises and
not operated for gain...subject parcel does not contain a principal residential use.
Original permit for pool (#18782) was issued based upon a survey indicating that this
lot had been merged with the neighboring residential lot, these lots were separated
by ZBA in Appeal #2104 dated March 26, 1976 and have not merged."
6:45 p.m. Appl. No. 4740 - GEORGE and JEAN BRAUN. This is a request, based
upon the July 22, 1999 Building Inspector's Notice of Disapproval, for a Variance under
Article III -A, Section 100- 30A.4 for approval of a side yard location of the existing accessory
garage due to the proposed construction of an addition to dwelling. Existing garage is
currently in the rear yard, located at 2005 Bay Shore Road, Greenport, NY; Parcel No. 1000-
53-4-11.
6:50 p.m. Appl. No. 4741 - CHRISTOPHER EMERY. Applicant's request for a
Variance is based upon the August 13, 1999 Notice of Disapproval, and Article XXIII, Section
100-239.4A.1, for a proposed location of an accessory swimming poOl 'in the rear yard!(with a
setback of less than 100 feet from the top of the bluff or bank of the Long Island Sound. .
Location of Property: 2735 Soundview Avenue, Mattituck, NY; Parcel No. 1000-94-1-13.
6:55 p.m. Appl. No. 4742-SE - MARY ELLEN WHITTET THOMSON. Applicant
requests a Special Exception under Article III, Section 100-31B(13) for approval of "as built"
Accessory Apartment use, used in conjunction with applicant-owners occupancy of the
dwelling located at 6230 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-2-3.
7:05 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Applicant requests a
Variance under Article IX, Section 100-92, based upon the Building Department's August 17,
1999 Notice of Disapproval, for a proposed alteration of second floor for use (as a Personal
Service StudiO) at 320 Love Lane, Mattituck, NY; Parcel 1000-140-3-3.4. The reason stated
in the Notice of Disapproval is:
"Proposed alteration of second story of existing hardware store for Personal Service
Studio constitutes a second use on the parcel. Structure is located in the HB Zone on
a lot containing approximately 8/100 sq. ft. Pursuant to Article IX, Section 100-92,
no fbuilding or premises shall be used and no building or part thereof shall be erected
or altered in the HB Zone District unless the same conforms to the Bulk SChedule and
Parking and Loading SChedules incorporated into this chapter by reference. Bulk
Schedule requires 20,000 sq. ft. per business use." .....
7:10 p.m. Appl. No. 4744 - EDWARD and JUDY DART. This is a request for
Variances under Article II, Section 100-23-C pursuant to a Notice of Disapproval issued
September 1, 1998, and applicant's request for a change in lot dimensions with respect to
lot(s) A and B with insufficient lot area, depth and width (area less than 40,000 sq. ft., lot
depth at less than 250 feet, and lot width at less tban 175 feet in this R-40 Zone District).
Location of Property: East Side of Peconic Lane and the South Side of North Road (C.R. 48),
Peconic, NY; Parcel No. 1000-74-3-15.
7:20 p.m. Appl. No. 4745 - MARY JOPETERS. This is a request for a Variance under
Article III-A, Section 100-30A.3, based upon the June 24, 1999 Building Department's Notice
of Disapproval, for approval of the location of an "as built" addition with lot coverage in
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Page 7 - Minutes
Meeting held August 18, 1999
Southold Town Board of Appeals
excess of the 20% code limitation and with a rear yard at less than the code requirement of
50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-1-
15.
7:30 p.m. Appl. No. 4746 - ALBERT J. KRUPSKI. This is a request for a Variance
under Article III, Section 100-33B based upon the August 24, 1999 Building Department's
Notice of Disapproval, for approval of the location of an "as built" accessory building with a
rear yard setback at less than the code requirement of three (3) feet. Location of Propelty:
36050 C.R. 48 (North Road), Southold, NY; Parcel 1000-69-4-6.
7:35 p.m. (Continuation from prior Meetings):
Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under
Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998
Notice of Disapproval (updated January 27, 1999) regarding a building permit application to
convert ~ccessory barn for retail sales in conjunction with applicant's Art Studio and Gallery,
disapproved for the reason that retail sales and a gallery for public viewing in the accessory
building is not a permitted use in this A-C Zone. .Location of Property: 100 Sound Avenue,
Mattituck; Parcel No. 1000-120-3-1.
This Resolution was duly AOOPTED (5-0).
* * *
III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The
originals of each of the following determinations were filed with the Town Clerk's Office, and
copies are attached to this set of Minutes:
Approvals:
Appl. No. 4725-SE - Mattituck Library.
Appl. No. 4729 - Mattituck Library.
Appl. No. 4734 - Reginald Minor.
Appl. No. 4733 - Vito Carnavale.
Appl. No. 4735 - Michael Fedele Lot Waiver.
Appl. No. 4737 - Elyse Borak.
Appl. No. 4738 - R. Tapp and Nicholas Ellis.
Appl. No. 4731 - Bobbie Zorn.
The Board also deliberated on each of the following matters, and would take action at the
next meeting:
C. Donlin - poSSible alternative relief for three ft. setback instead of one foot.
R. O'Toole - poSSible anterative relief for greater setback from bulkhead.
Southampton Lumber - no action was taken.
IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES:
Code Committee Meeting (none scheduled on Calendar of Meetings),
Inspections at building sites (flagging or staking to be completed by 8{11).
IX '1 i Page 8 - Minutes
.t,."j~,..J { R Meeting held August 18, 1999
I\r d Southold Town Board of Appeals
I
A Special Meeting was scheduled by Chairman Goehringer for September 1, 1999 (for
agenda carryovers and other new business properly coming before the Board at that time).
V. EXECUTIVE SESSION - none held.
* * *
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,
the Chairman declared the Meeting adjourned. The Meeting was adjourned at 11:05
p.m.
Respectfully submitted,
rtA;n/l-dv~-
~hd~~alski 9/8/99
Board Secretary
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,~PEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lara S. Collins ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
REGULAR MEETING OF AUGUST 18, 1999
Appl. No. 4725 - Mattituck Library
Parcel: 13900 Main Road, Mattituck 1000-114-11-2
Zone District: RO Residential Office and R-40 Residential
Date of Public Hearing: August 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's 1.5-acre parcel is located in Mattituck with 135.35
ft. frontage along the south side of Main Road (NYS Route 25) and lot depth of 505.10 feet
(along easterly side property line). The property is improved with a one-story frame and brick
Library building located in the Residential Office (RO) Zone District, and the rear portion of the lot
is located in the R-40 Low-Density Residential Zone District.
APPLICANT'S REQUEST/BASIS OF APPLICATION: Applicant is requesting a Special Exception
pursuant to Chapter 100, Article VII, Section 100-71, subsection B(4) of the Southold Town
Zoning Code for an expansion of an existing library use. The proposed 8,665+- s.f. expansion is
planned with a minimum easterly side yard setback at 8.52fT' Details are more particularly
shown on the Plan L1-02 dated April 19, 1999 prepared by Beatty, Harvey & Associates
Architects. All parking and screening will be determined by the Southold Town Planning Board
as provided under the Zoning Code site plan regulations.
STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth
pursuant to Chapter 100, Article VII, Section 100-71-B, governing uses permitted by Special
Exception, and on the basis of testimony presented and personal inspection, the Board finds:
1. Libraries are permitted in this RIO Residential-Office District under Section 100:"71B(4) of the
Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals,
and subject to the requirements imposed by such zoning ordinance to assure that the
proposed use is in harmony with the zoning ordinance and will not adversely affect the
neighborhood if such requirements are met.
2. Section 100-71B provides that not more than one use shall be allowed for each forty
thousand e40,OOO) square feet of lot area. This existing building and proposed expansion of
the Library use is the only use of the lot. The proposed use and lot size comply with the
provisions of Section 100-71B.
In addition, the Board has reviewed. the General Standards governing Special Exception uses
set forth in Section 100-263 and finds that:
A) This Library expansion will not prevent the orderly and reasonable in this Residential
Page 2 - Appl. No. SE-4725
Mattituck Library Expansion
Decision Rendered 8/18/99
Office Zone District and adjacent districts. The adjacent property to the east is a churchl to the
west an abandoned lumber yard. Properties opposite the Library on the north side of Main Road
consist of a mixture of single-family residences and residential offices.
B) This Library expansion will not prevent orderly and reasonable use of permitted or
legally established uses in the district wherein the proposed use is to be located or of permitted
or legally established uses in adjacent use districts.
C) The safety, health, welfare, comfort, convenience, and the order of the town will not be
adversely affected by the proposed use and its location. The proposed expansion will allow the
Library to provide enhanced services that will benefit all of the Community.
D) The use will be in harmony with and will promote the general purposes and intent of
the code. The Library use is in keeping with the intent of the Residential Office Zone District.
E) The use is compatible with its surroundings and with the character of the neighborhood
and of the community in general, particularly with regarding to visibility, scale and overall
appearance. The proposed expansion will be designed to maintain the Library's New-England
style residential appearance, which is in keeping with the character of the neighborhood.
F) The structures, equipment and material will be accessible for emergency protection.
In making this determination, the Board has also reviewed other Matters under Section 100-264,
and finds that no adverse conditions will result from this authorization:
A. There will be no adverse change in the character of the existing and probable development of
uses in the district and the peculiar suitability of such district for the location of such permitted
uses.
B. Property values will be conserved. Library uses are encouraged and allowed by Special
Exception approval from the Board of Appeals.
C. The location of the proposed library expansion and additional parking area will be a benefit
and help prevent traffic congestion on public streets, highways and sidewalks.
D. There is availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid,
gaseous or otherwise) as a result of this office use.
E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or
soot.
.
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Page 3 - Appl. No. SE-4725
Mattituck Library Expansion
Decision Rendered 8/18/99
F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or
noise.
G. The operation of professional offices will not cause undue interference with the orderly
enjoyment by the public of parking or of recreational facilities, existing or proposed by the town
or by other competent governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the
use shall be located, and by approval of the Southold Town Planning Board under the site plan
regulations.
I. There is no evidence to show that there will be any hazard to life, limb or property because of
fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or
by the accessibility of the property or structures thereon for the convenient entry and operation
of fire and other emergency apparatus. There will not be undue concentration or assemblage of
persons upon such plot in the normal activities of a library.
J. The use and the building location will not cause an overcrowding of land or undue
concentration of population.
K. The plot area is sufficient, appropriate and adequate for this library use.
L. The use to be operated is not unreasonably near to a church, school, theater, recreational area
or other place of public assembly.
M. The site is particularly suitable for a library, which is an existing use.
N. No evidence has been presented to show that there would be any detrimental impact to
adjacent properties and land uses.
O. Adequate provision has been made for the collection and disposal of storm-water runoff,
sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this
project.
P. The natural characteristics of the site are such that the proposed use may be introduced
without undue disturbance or disruption of important natural features, systems or processes and
without risk of pollution to groundwater and surface waters on and off the site.
RESOLUTION/ ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it
was
APPEALS BOARD MEMBERS i/~ Southold Town Hall
j'W'
Gerard P. Goehringer, Chairman (y~ ~. 53095 Main Road
James Dinizio, Jr. 5 ~~, P.O. Box 1179
en ~
Lydia A. Tortora ~ rl"r Southold, New York 11971
Lora S. Collins o~. ~ ZBA Fax (516) 765-9064
George Horning ~Q.L + ~~t::;S ~, Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF AUGUST18, 1999
Appl. No. 4734 - REGINALD AND SHEILA MINOR 1000-17-1-12
STREET ADDRESS: 360 Stephenson Road (Private Road #1), Orient
DATE OF PUBLIC HEARING: August 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,000+- sq. ft. with
350+- ft. frontage along the east side of Stephenson Road (Private Road #1), 449 ft. along the
west side of a Private Road located at the easterly side of applicants' property, and 130 ft. lot
depth, at Orient. This lot is located in an R-40 Low-Density Residential Zone District and is
improved with a single-family dwelling, swimming pool and accessory storage building.
BASIS OF APPEAL: The Building Inspector's July 15, 1999 Notice of Disapproval, under Article
III-A, Section 100-30A.4 (and Section 100-33) for a double shed structure in a side yard (and
front yard). The shed which exists is 12 ft. wide by 10 ft. and is situate 20 feet from the west
properly line at its closest point and at least 100 feet from the southerly property line. This shed
is proposed to be doubled in size, for a 24'6" wide by 10' deep shed and would be located at the
edge of the driveway.
AREA VARIANCE RELIEF REOUESTED: Location of storage shed in an area other than a rear
yard. The location is mostly side yard area.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and
personal inspection, the Board made the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The property contains two front yards as
defined in the Southold Town Code because it is situated between two private rights-of-way.
The proposed storage shed will, be located in approximately the same area as the existing 12 ft.
by 10 ft. shed and setback a minimum of 20 feet at its closest point from Stephenson Road. A
large tree will help to provide natural screening for the shed.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance because the provisions of the Town Code which were
applied to determine that applicants' property has two front yards, have left the applicants'
property with no discernible rear yard area, which is the only conforming area in which an
accessory structure could be located without a variance.
3. The requested area variance is not substantial.
.t;.age 2 - Appl. No. 4734 - R. and <; Minor
Regular Meeting - August 18, 19
Southold Town Board of Appeals
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because the accessory shed location
conforms to the code-required setbacks for accessory structures in what would typically be
considered a large conforming rear yard area.
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 Member Horning, it was
RESOLVED, to GRANT the variance, as applied.
Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was
duly ADOPTED by unanimous (5-0) vote of the
GERARD P. GOEHRI GER
CHAIRMAN
Filing about 8/25/99
.'e._'_"'_.....--.--,-~,,___":~_~___.__..,-.~~,-"_'_._~___.___.c-_c-__~~ ,'.,..._.k',.~.
>~
; APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18, 1999
Appl. No. 4731 - BOBBIE ZORN 1000-35- .1-22
STREET & LOCATION: 475 Main Road, Greenport
DATE OF PUBLIC HEARING: August 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 1.7+- acres with a 16. ft.
strip of land fronting along the north side of North Road and 15+- ft. strip of land fronting along
the east side of Sound Road, Greenport. The building area of the property is located in the
Limited Business (LB) Zone District. A 15+- ft. strip of land extending from the North Road was
acquired from an abutting landowner about 1998.
BASIS OF APPLICATION: Building Inspector's June 24, 1999 Notice of Disapproval citing Article
VII, Section 100-82 of the Zoning Code with respect to a proposed 12 ft. setback from the
southerly property line instead of the code requirement of 20 feet for a proposed Single-family
dwelling structure.
AREA VARIANCE RELIEF REQUESTED: Applicant is proposing to relocate and connect two
accessory buildings to the existing one-story building while adding a 20.5 x 22.5 addition. The use
of the principal building is proposed to be a single-family dwelling. The variance requested is a
southerly (side) setback at 12 feet instead of 20 feet.
(No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.)
.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The barn has been in its present location with
a side yard setback of 12 feet for more than 30 years with no adverse impacts on the
neighborhood. The proposed addition of the Single-family residence to the barn in order to create
one Single-family dwelling structure will not alter or increase the existing side yard setback.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance. The barn, as it exists, is an accessory structure. However,
when the single-family residence is relocated and attached to the barn, it would become, by code
definition a principal structure. The newly classified principal structure would require a 20-foot
side yard setback, even though the existing footprint and 12-foot setback of the barn would not
change. No other alternative is economically feasible since relocation of the barn would be too
costly, as would a lot line change that would require demolition of an existing garage.
Page 2 - August 18, 1999
ZBA Appl. No. 4731 - B. Zorn
Parcell000-35l1-22 at Greenport
3. The requested area variance is not substantial because the existing setback of the barn will not
change after it has been combined with and converted into a principal Single-family residence.
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The proposed improvements and
renovation of the combined structures will be an attractive benefit to the neighborhood.
5. The difficulty has not been self-created.
In considering this application, the Board finds that the relief requested is the minimum necessary
and adequate for the applicants to enjoy the benefit of a principal single-family dwelling structure!
and that grant of such relief will 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 GRANT the variance as applied for.
VOTE OF THE BOARD: Ayes: Members Goehringer, Dinizio, Tortora, Horning, Collins. This
Resolution was duly ADOPTED (5-0).
ERARD P. GOEHRINGER
CHAIRMAN
For Filing apout 8/30/99
. .
. 'Ii .
APPEALS BOARD MEMBERS
. Southold Town Hall
.'~ ~'K 53095 Main Road
Gerard P. Goehringer, Chairman ,VI-.;: ~t
l~ ~ ;..c:. ~, P,O. Box 1179
James Dinizio, 1L :,;, C) ~ ::.
, cI> ~ "
Lydia A Tortora ~~,~.. ~/: Southold, New York 11971
Lora S. Collins \;~OJ + ~~~>y ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
~'"'-:'~".:;x::-,..:-,,--:oI'-
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DEUBERATIONS AND DETERMINATION
REGULAR MEETING OF AUGUST 18, 1999
Appl. No. 4737 - ELYSE BORAK 1000-126-9-14.1
STREET ADDRESS: 8045 Peconic Bay Boulevard, Laurel
DATE OF PUBLIC HEARING: August 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The subject property consists of 21,220+- sq. ft. with 90 ft.
frontage along the north side of Peconic Bay Boulevard in laurel (near Mattituck). The lot is
locatw in an R-40 Low-Density Residential Zone District and consists of land formerly deeded at
two lots (the lots were merged and combined according to the tax assessment records on May
29, 1985).
The subject lot extends a depth of 263+- feet north to a private right-of-way. This lot is
improved with two buildings: (a) an one-story, Single-family dwelling situate at 42 feet from the
southerly (front) property line and side yards at 8 ft. from the westerly line and 35 feet from the
easterly line, and (b) accessory garage located 3+- feet from the easterly property line behind
the dwelling.
BASIS OF APPEAL: The Building Inspector's July 21, 1999 Notice of Disapproval, under Article
XXIV, Section 100-244 for a proposed addition which will encroach into the combined side yard
setback at less than the required 35 ft. minimum. Applicant proposes total side yards of 28+- ft.
total for a 15-ft. wide addition at the east side of the dwelling, leaving a setback of 20 feet.
AREA VARIANCE RELIEF REOUESTED: Side yard total of 28+- feet (8+- feet exists at the west
side and an east side of 20 feet) for a proposed 15-ft. one-story addition to applicant's dwelling.
REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and
personal inspection, the Board made the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The proposed addition will be partially
screened from view of the adjoining property owner by a four-ft. high wooden fence that extends
the full length of the applicant's property on the west side. The size of the addition is modest
and will enhance the appearance of the house and be a benefit to the surrounding neighborhood.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance because the lot size is nonconforming and there are no other
exterior areas of the house on which an addition could be constructed without the applicant
incurring major renovation costs to existing rooms.
.
Page 2 - Appl. No. 4737 - Elyse Borak
Regular Meeting - August 18, 1999
Southold Town Board of Appeals
3. The requested area variance is not substantial and represents a seven (7) foot reduction in
the code-required 35 ft. combined side yard setback.
4. 1 he 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 most and will be
an improvement to the house and the community.
5. The alleged difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to presetVe and protect the character of the neighborhood, and the health, safety,
welfare of the community, while enabling applicant the benefit of an addition.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was
RESOLVED, to GRANT the variance, as applied for.
Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was
duly ADOPTED (5-0).
A~f2:tJ~~~-
GERARD P. GOEHRINGER, CRA~AN
Filing.on or about 8/25/99
"._._r__."_._~___'__~""_"_______'_______'___'_"_______ ------- ______....._~____ __c__________....____ -- ___ _ __________ _._...____._.'m_____._____.___.__.._.___._.~.__..._.___----- .~-.---.--.---_.-------.-
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, J r. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lara S. Collins ZBA Fax (516) 765-9064
George Homing Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGSI DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF AUGUST 18,1999
App!. No. 4733 - VITO & JULIE CARNAVALE 1000-50-1-7
STREET & LOCATION: 1500 Hyatt (Private) Road, Southold
DATE OF PUBLIC HEARING: August 181 1999
FINDINGS OF FAGr
PROPERTY FAGrS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area
with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a
single-family, two-story frame house and wood platform-stairs leading to the L.I. Sound as shown
on the, survey updated by Joseph A Ingegno on May 11/1999.
BASIS OF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing Article
XXIIII Section 100-239.4Aof the Zoning Code with respect to a proposed six ft. extension for a
porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a
minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its
closest feet and a setback of 25 feet is proposed for the six-ft. porch extension.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the
top of the bluff (15 ft. from the Coastal Zone Hazard Line)1 for construction of a six (6) ft.
extension for one-story height reconstruction (to allow a new enclosed porch at the west side of
the dwelling).
(No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.)
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be
constructed over an existing concrete area, and limited to one-story height.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance because a major part of the dwelling already exists within the
100 ft. setback range.
3. The requested area variance is not substantial.
4. No evidence has been submitted to show that the proposed deck extension would have an
adverse effect or impact on the physical or environmental conditions in the neighborhood or
Page 2 - August 18, 1999
ZBA Appl. No. 4733 - Vito and Julie Carnavale
Parcell000-S0-1-7 at Southold
district (see recommendations of the Suffolk County Soil & Water Conservation District).
5. The difficulty has not been self-created.
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 one-story porch, while preserving
and protecting the character of the neighborhood and the health, safety, welfare of the
community.
RESOLUTION/ArnON: On motion by Member Dinizio, seconded by Chairman Goehringer, it was
RESOLVED, to GRANT the variance, as applied for.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRI LLINS AND
HORNING. This Resolution was duly adopted (5-0
GERARD P. GOEHRI
CHAIRMAN
For Filing about 8/24/99
,
----. -~~~~........,..,-~~_.,-.----,----
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lara S. Collins ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DEUBERATIONS AND DETERMINATION
REGULAR MEETING OF AUGUST 18, 1999
Appl. No. 4735 - MARIA FEDELE 1000-117-4-24 (adjoining Lot 23)
STREET & LOCALITY: 705 Fanning Road, New Suffolk.
DATE OF PUBUC HEARING: August 18,1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The subject property (referred here as Lot 24) is a vacant parcel on
the north side of Fanning Road in New Suffolk. The February 9, 1999 survey prepared by Harold F.
Tranchon, Jr., P.c. shows its measurements at 126.52 feet along the north side of Fanning Road and
194.48 feet in depth, for a total area of 22,000+- sq. ft. The land is vacant. The lot which adjoins this
property is approximately one-half acre, improved with a Single-family dwelling, and is identified as
County Tax Map Parcel 1000-117-4-23.
BASIS OF APPEAL: Building Inspector's May 26, 1999 Notice of Disapproval which reads as follows:
"Under Article II, Section 100-25A: Merger. A non-conforming lot shall merge with an adjacent
conforming or non-conforming lot which has been held in common ownership at any time since 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. "
REUEF REOUESTED BY APPUCANT: The request made by applicant is for a Lot Waiver with respect to
705 Fanning Road, New Suffolk, County Tax Map Lot 1000-117-4-24, as provided under Article II,
Section 100-26 of the Town Zoning Code.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspection, the Board makes the following findings:
,
1. Applicant wishes to construct a single-family dwelling home on lot 24, which she acquired from
Frank Caruso in January 1999. Lot 24 had passed into the ownership of Frank Caruso in June 1995
under the terms of the Will of his late wife, Josephine Assenza Caruso. Frank Caruso had owned Lot 23
since January 1968. Thus lots 23 and 24, both of which are nonconforming in size, merged as a result
of Mrs. Caruso's death.
2. Lot 24 is visually a separate property and not an integral part of 23.
3. Waiver of the merger will not result in a significant increase in the density of the neighborhood
because it will result in the construction of pnly one single-family home.
4. Nearby lots on Fanning Road and Fred Street are similar in size to Lot 24, so that waiver will
recognize a lot that is consistent with properties' in the neighborhood. Waiver will recognize the
Page 2 - August l8. 1999
Lot Waiver: 1000-117-4-24 (adj. 23) (Fedele)
Southold Town Board of Appeals
established lines of Lot 24.
5,. If merger is not waived, applicant will own an unbuildable parcel of no use to her.
6. Lot 24 is generally flat, and construction on it should require no significant change in the natural
details, character and contours of the land.
BOARD ACTION/RESOLUTION: Accordingly, on motion by Member Collins! seconded by Member
Tortora, itwas
RESOLVED, to GRANT the Waiver requested.
VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortoral Horning, Collins. This Resolution was duly
ADOPTED (5-0).
//
GERARD P. GOEHRING
CHAIRMAN
Approved 8/20/99 for filing
-,-.----------------------------- ------- - -- -------.. - ---------------- -_._--------~._--
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lara S. Collins ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
REGULAR MEETING OF AUGUST 18{ 1999
Appl. No. 4729 - Mattituck Librarv
Parcel: 13900 Main Road{ Mattituck 1000-114-11-2
Zone District: RO Residential Office and R-40
Date of Public Hearing: August 18, 1999
FINDINGS OF FACT
PROPERTY FACfS/DESCRIPTION: Applicant's 1.5-acre parcel is located in Mattituck with 135.35
ft. frontage along the south side of Main Road (NYS Route 25) and lot depth of 505.10 feet
(along easterly side property line). The property is improved with a one-story frame and brick
Library building located in the Residential Office (RO) Zone District{ and the rear portion of the lot
is located in the R-40 Low-Density Residential Zone District.
BASIS OF APPLICATION: Southold Town Zoning Code{ Chapter 100{ Article VII{ Section 100-72
for a library addition at 8.52 feet from the easterly side property line. The Code requirement is
15 feet in this RO Zone District.
APPLICANT'S REOUEST: Applicant requests a variance in a proposed library expansion with a
minimum 8.5 feet setback at the southeast corner of a bowed wall on the east side of the
building. Details are more particularly shown on the Plan Ll-02 dated April 19{ 1999 prepared by
Beatty{ Harvey & Associates Architects. All parking and screening will be determined by the
Southold Town Planning Board as provided.under the Zoning Code site plan regulations.
REASONS FOR BOARD ACTION: On the basis of testimony presented{ materials submitted and
personal inspection{ the Board makes the following findings:
1) The east wall of the proposed addition extends only 10 feet beyond the'eXisting east waU{
but the resulting reduction in side yard setback is greater (from about 25 feet to 8.5 feet)
because the building wall is not parallel to the property line.
2) The size and shape of the lot dictate that any expansion be in the form of an addition at the
rear of the building. Because the easterly wall of the building is not parallel to the property
line{ any reasonable sized addition at the rear requires an easterly side yard setback
variance. Room on the west side is severely limited by the need to maintain the driveway
giving access to parking behind the building.
3) There is a stand of woods and brush along the easterly property line that extends a
considerable distance into the neighboring property. East of the woods and brush on that
neighboring property there is a large{ black-topped church parking lot; the church building
itself is located east of the property line by more than 100 feet.
Page 2 - Appl. No. 4729
Mattituck Library Side Yard Variance
Decision Rendered 8/18/99
4) Grant of the requested side yard setback variance, for 8.5 feet at the closest point to the
easterly lot line, will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties because the addition will not substantially
change the nature of the building, will be screened from the neighboring property, and will
be a substantial distance from the neighboring church building.
S) There are no factors present to suggest that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
6) The grant of the requested variance is the minimum action necessary and adequate to
enable applicant to carry out a needed expansion while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
BOARD ACTION/RESOLUTION: On motion by Member Collins, seconded by Member Horning
and Chairman Goehringer, it was
RESOLVED, to GRANT the valiance as applied for.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and
HORNING. This Resolution was duly ado/% 024-
./ GERARD P. GOEHRINGER I' -
CHAIRMAN
For filing about 8/23/99
--~----_._.."~ --- ""--~----,,,"-'~---"-""'-'------'--- - -------..-'----- -- ___ _.______.__._~_.__,..____.___ ___ ___m____... _~___
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins ZBA Fax (516) 765-9064
George Horning Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18,1999
Appl. No. 4738 - ROBERT TAPP and NICHOLAS ELLIS 1000-11 0-7 -11.1
STREET & LOCATION: 275 West Road, Cutchogue
DATE OF PUBLIC HEARING: August 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 20,925 sq. ft, with an
average depth of about 230 feet, measured to the high water mark, and of about 75 ft. frontage
along West Road. This waterfront lot is improved with a one-story frame house _ (the principal
dwelling) that is set back 55 feet from West Road and accessory 1-1/2 story seasonal cottage that
is set back approximately 180 feet from West Road and 30 feet from the bulkhead.
BASIS OF APPLICATION: Building Inspector's July 20, 1999 Notice of Disapproval denying an
application for a building permit to add a garage to the front of the principal dwelling, with a
setback from West Road of 32 feet. The Notice states that the disapproval is because "under
Article XXIV, Section 100-244... lots with areas between 20,000 and 39,999 sq. ft. shall have a
minimu,m front yard of forty (40) feet."
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for _ a 24 x 22 ft. garage
addition at the north side of the (principal) one-story dwelling with a minimum front yard setback
of 32 feet.
(No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.)
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
1. The neighborhood is densely developed and has many structures, both garages and dwellings
quite close to West Road. Applicants seek to locate a garage eight feet closer to the road than the
Code allows (32 ft. v. 40 ft.). Grant of the requested variance will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties because the
addition will be consistent with neighborhood character and will be set back further from the road
tha many nearby structures.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance. Applicant's architect testified that all alternatives had been
considered. This was the most effective location, and although the garage could be built
elsewhere that would add another building and increase the crowdedness of the area. (Another
building location also would require an area variance.)
Page 2 - August 18, 1999 '.
ZBA Appl. No. 4738 - Tapp & Ellis
Parcel 1000-110-7-11.1 at Cutchogue
3. There are no factors to suggest that grant of this variance will have an adverse effect or impact
on physical or environmental conditions.
4. The grant of the requested variance is the minimum action necessary and adequate to enable
the applicants to enjoy the benefit of a garage, while preserving and protecting the character of
the neighborhood and the health, safety, welfare of the community.
RESOLUTIONI ACTION: On motion by Member Collins, seconded by Member Dinizio and Chairman
Goehringer, it was
RESOLVED/ to GRANT the variance, as applied for.
VOTE OF THE BOARD: AYES: Members Goehringe This
Resolution was duly adopted (5-0).
GERARD P. GOEH
CHAIRMAN
Approved 8/20/99 for Filing