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Home My WebLink AboutZBA-01/27/1999 SPEC . " 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 rS?rNWPl~OLD WEDNESDAY, JANUARY 27,1999 SPECIAL MEETING 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 Wednesday. January 27. 1999 commencing at 7:12 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was Member George Horning, Fishers Island. 7:12 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEMS II: 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the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Withdrawn: Appl. No. 4605 - PALMER-LIEB VARIANCE. The Board this afternoon received a letter from Abigail A. Wickham, Esq. confirming that this application is withdrawn. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried (4-0) to accept applicant's letter, declaring the application WITHDRAWN AS REQUESTED. Resolution adopted. Approvals with or without Conditions: Appl. No. 4627 - BARRY AND BARBARA CHARLES. Appl. No. 4616 - CAROL MAGGIO. Appl. No. 4621 - RENEE PONCET FITZPATRICK (J. DEEGAN). Appl. No. 4645 - DIANE TRENTACOSTE Appl. No. 4646 - STEPHEN PESSIN IS. Appl. No. 4650 - NORTHEAST OVERSEAS TRADING CO. Denial with Alternative Relief: Appl. No. 4633 - WILLIAM AND ROSE MAURY. PCjge 2 .-: Minutes January 27, 1999 Special Meetirl\:j Southold Town Board of Appeals * * * AGENDA ITEM III: UPCOMING MEETING CALENDARS: FEBRUARY 23, 1999 HEARINGS CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, to AUTHORIZE advertisement of the following applications for publiC hearings to be held Tuesdav, February 23,1999 commencing at 6:30 p.m: 6:30 p.m. Appl. No. 4658 - MICHAEL AND JEANNE SWEET BARTOS. Variance regarding lot coverage and bulkhead setback in a building permit application for a proposed addition and prior owner's as-built deck. 1820 Mill Road, Peconic. 6:40 p.m. POSSIBLE RESOLUTION TO CLOSE (extended time period) WRITTEN PORTION OF RECORD (or pOSSible Alternative Resolution). Appl. No. 4609 - MARY MURPHY. LI Sound Bluff setback variance. Private right-of-way/ north of Bridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue; 1000-73-2-3.3. (Verbal portion of record was concluded 1/21/99). 6:40 p.m. Appl. No. 4653 - WILLIAM AND CATHERINE (SMITH) MULRAIN. 8' x 12' shed location. 6:50 p.m. Appl. No. 4654 - DR. M. GORENKOFF. RO Zone/Spec. Exc. for Professional Office. Main Road, Mattituck. 7:00 p.m. Appl. No. 4656 - JOSEPH KOLLEN. Deck/rear yard. Southold. 7:05 p.m. Appl. No. 3426. G. DOROSKI and ALEX and S. VILLANI. Request for Variance in establishing minimum construction standards under Section 280-A, New York Town Law/ over private rights-of-way extending from the north side of C.R. 48/ Peconic; Parcel 1000-68-4-10.1. 7:10 p.m. Appl. No. 4651- WILLIAM HANDS, JR. Patio above average grade/bulkhead setback less than 75 feet. 960 Willow Terrace Lane, Orient. 7:15 p.m. Appl. No. 4655 - J. BOYLE AND HANDS FUEL CO.. Main Road/ Orient. Variance to allow use and pOSSible merger of a strip of Boyle land for Hands Service Station parking or storage area (existing). 7:30 p.m. Appl. No. 4659 - WILLIAM GREMLER. Kraus Rd, Mattituck. Addition to dwelling. portion of addition over 20% lot coverage limitation of the zoning code. 7:35 p.m. Appl. No. 4657 - R. HEFFERNAN. Deck/bulkhead setback. Southold. 7:40 p.m. Appl. No. 4661- ELLEN VIOLEIT. POOl/bulkhead setback. Cedar Beach Drive East, Southold. P~ge 3 ..:: Minutes January 27, 1999 Special Meeth,~ Southold Town Board of Appeals 7:45 p.m. Appl. No. 4648 - ROSE DIACHUN. Variance under Town Law, Sec. 280-A and Section 10-235A of the Zoning Code, for a determination establishing minimum construction standards over private right-of-way over land 1000-127-8-17.3, extending from the N/s Peconic Bay Boulevard, Laurel, to Parcel 1000-127-3-10. (Continuation from 1/21.) 7:50 p.m. Carryover Resolution adopted January 21, 1999: PLANNING BOARD REOUEST FOR INTERPRETATION (Drossos site and possible Town-Wide Interpretation). (Possible new info by 2/23). 8:05 p.m. AppI. No. 4643 - JOHN MESLOH. This is a request for a Variance, based upon the Building Inspector's October 14, 1998 Notice of Disapproval (for a building permit), Article IlIA, Section 100-30A.3, to construct a deck addition with a front yard setback at less than 50 feet, at 2150 Arrowhead Lane, Peconic, NY; Parcel 1000-98-2-16.2. (Carryover by agent for applicantfrom the 1/21 Hearing.) 8:10 p.m. Appl. No. 4644 - MARIA TRUPIA. This is a request for a Variance based upon the Building Inspector's Notice of Disapproval dated November 20, 1998 (for a building permit), Article IlIA, Section 100- 30A.3, for approval of an "as built" entry stoop addition with a side yard setback at less than the required 15 feet, at 1395 Sleepy Hollow Lane, Southold; 1000-78-1-10.20; also known as Lot 14 on the Map of Sleepy Hollow. (Carryover by applicant from the 1/21/99 Hearing for attendance by current builder or other repr.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA and COLLINS. (Member Horning of Fishers Island was absent-excused.) This Resolution was duly adopted (4-0). NOTE: Re: Appl. No. 4652 - BUILDING DEPARTMENT. The Board's Secretary was advised not to advertise the request for an Interpretation for Accessory Structures because the Building Department is consulting with the Town Attorney, and the application may be withdrawn by the Building Department. AGENDA ITEMS, III CONTINUED: B. ASSOCIATION OF TOWNS: Registration was confirmed for Members Horningr Dinizio and Collins. C. WORK GROUP: Erosion mitigation 7 p.m. 2/4/99. D. CODE COMMITTEE: No dates scheduled as of today. AGENDA ITEM IV: RESOLUTION: Motion was made by Member Tortora, seconded by Chairman Goehringer, to request additional assistance via a floater position being considered by the Town Board for Departments in need. AYES: All. (4-0). Resolution adopted. AGENDA ITEM V. POSSIBLE EXECUTIVE SESSION: Pending Litigation Matters. * * * Page 4 -" Minutes January 27, 1999 Special Meetil.... Southold Town Board of Appeals 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 8:05 p.m. ~~' - PW~' I a Kowalski 3/11/99 / Board Secretary por/Filing on 3/29/99 I RECEI~'~~ ---- THE , 1 DATE3/2YJ.9 HeUR p:3oMt{1 . CZjatd4t2 ~4~ j l'o~ Cl()rk, Town of SoutbA)ld I I J I -~.............~, ~:Y' APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Diniiio, Jr. P.O. Box 1179 Lydia A. Tortora Southpld, New york 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Honling Telephontl (516) 765-1809 BOARD OF APPEALS TOWN OF SOtITHOLD FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF JANUARY 27,1999 Appl. No. 4627. - BARRY CHARLES PARCEL 1000-63-7-14 STREET & LOCALITY: 365 Peck Place, Southold DATE OF PUBLIC HEARING: November 19, 1998; January 21, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located along the northerly side of Peck Place, Southold. The property consists of a total area of 23,625 sq. ft., with 175 ft. frontage along Peck Lane. The lot is referred to as Lot No. 14 on the Map of Harbor Homes Estates, Sec. One filed July 18, 1969 with the Suffolk County Clerk. The March 8, 1998 survey prepared by Harold F. Tranchon, Jr., P.c. shows a single-family under construction, with setbacks approved at 40.2 ft. from the southerly front property line, 35 ft. from the westerly side property line, is in excess of 35 feet from the easterly side property line, and 50.3 feet from the rear property line (at its closest points). BASIS OF APPLICATION: Building Inspector's September 10, 1998 Notice of Disapproval, which reads as follows: "the proposed addition being located on a non- conforming lot of approXimately 23,625 sq. ft. in an R-40 District is required to have a rear yard setback of 50 feet, Article XXIV, 100-244B. AREA VARIANCE RELIEF REOUESTED: Applicant is requesting a 44.3 ft. rear yard setback for a proposed 20 ft. by 16 ft. open, unroofed deck ("open to the sky") six feet past the 50.3 ft. setback of the house. No other reasons for disapproval of a building permit for the deck addition were noted. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck addition would extend only 5.7 feet beyond the existing 50.3 feet of the dwelling. Page 2 - Appl. No. 4627 Re: 1000-63,7-24 (Charles) Decisil)n ~endered 1127/99 (2) The'benefrt sought by the applicantcannotbeachieved by some method, feasible .for applicant to pursue,. other than an area variance because the deck replaces steps, and will also be utilized as an .exit from sliding glass doors. (3) The requested area variance is not substantial because the amount of relief requested is 5.7 feet (5 ft. 9+- inches). (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 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 Chairman-Member Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT the proposed deck, open to the sky, as applied. VOTE OF THE BOARD: MEMBERS GOEHRINGER, TORTORA, AND COLUNS. (Member Horning of Fishers Island was absent as previously agreed. Member Dinizio was absent during the adoption of this determination. IS SOL a ul adopted (3-0). 63-7-14BChar 0 , . ~"~ . APPEALS BOARD MEMBERS Southold Town Hall . Gerard P. Goehringer,. ~hairman 53095 Main Road James Dinizio,Jr; P.O. Box 1179 Lydia ATortora Southold, New York 11971 Lora S.COllins ZBA. Fax:(516)?65-9064 George Horning Telephone (5~6) 79S-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDING9rDEU~ERATIONS AND DETERMINATION SPEQIAL'MEETINGOF JANUARY 2'7, 1999 Appl. No. 4621--RENEEPON'CETFI17ZPATRICK (Judith Deegan, Owner) PARCEL 1000-35-4-20 STREET &lOCALIt'f:'702Wiggii'ls Lane, Greenport DATE OF PUBUCHEARING: January 21,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRiPTION:.. The appliamt's property is a vacant lot bounded on the north and east by an unpaved, traveled road off Wiggins Lane, Greenport, and bounded on the west bya dredged canal (without bulkheading or other type of seawall). The lot is 13,'789 sq. ft. in area. BASIS OF APPEAL: Building Inspector's. August 26, 1998 Notice of Disapproval citing Section 100-244B. . Applicant applied for a building permit to construct a single-family dwelling with a front yard setback at less than the required 35 feet. REUEF REOUESTED BY APPUCANT: Applicant requests a reduction in the northerly front yard setback from 35 feet to 24.4 feet at its closest point. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Applicant proposes to build a house which front will face east. The northerly side of the house will be 24.4 feet from the front property line abutting the private roadway. Because the northerly yard abuts the private road and is treated as a front yard, a setback of 35 feet is required. The setback requirements are satisfied on the easterly (35.5 feet) yard and southerly (10 feet) side. Given the size and shape of the lot, and applicant's desire to place the house above the 10-foot contour line, a variiilOce. for the northern . setback is needed in order for applicant to build a house of rea~onable size. (2) . Although the private road is shown on the survey as 50 feet wide, the lane actually traveled is about 10 feet wide. Consequently, the distance from the northerly side: of the proposed house to the traveled lane is more than 45 feet. The roadway serves two properties to the south of applicant's lot, and then ends. Traffic is therefore very light. ,>-- Page 2 - January 27, 1999 AppL N0.4621- ReneePoncet 100Q-3S'-4-20 at G~eenport (3) ,Grantofthe requested area varianG.e,willn~tproduce an undesirablechange in.char~cte~ofneighborhood or a detrifl1e9tto nearby properties because the private rOCld 15 very Hghtly used and the actual.setQa~kfromthe traveled lane will be well over 35 feet. The construction as proposed Will not the effect of placing the house undesirably close to a street in regular use. (4) There are no factors present to suggest that grant of the requested variance will have an adverse effector impact on physical or environmental conditions. (5) The grant of the requested variance is the minilllumnecessaryand adequate to enable applicant to erect a home on the property while preserving and protecting the character of the neighbqrhooo, and the health, safetyfw~lfareqfth~~Ql1lmulility. RESOLUTION I ACTION: On motion by.. Member Dinizior seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance! as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEH~NGER, DINIZIO',TORTORA! and COLUNS. (Member Horning was absent as agreed previously.) This Resolution was duly ADOPTED (4-0)~ Duplicate of Original Filed with Town Clerk on 2/5/99 t.'>-' 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.Ctillms ZBAF~(516) 765-9064 George Horning Telephone (516) 765-1809 BOARlJ OF.ipPEALS TOWN'OF$OUTHOLD FINDINGS,DEUBERATIONS AND DETERMINATION SPECIAL MEEnNG OF JANUARY 27, 1999 Appl. No. 4616 - CAROL MAGGIO 1000-99-3-11.9 STREET &. LOCALITY: 1350 Bailie Beach Road, Mattituck DATE OF PUBUC HEARING: January 21, 1999 FINDINGSOF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the northerly side of Bailie Beach Road, Mattituck and is situated on substandclrC:llot (referred to as Lot 3) of approximately 5400 sq. ft. in area, lot width of 60 ft., and lot depth of 90+- feet. The lot is improved with a cottage structure presently situated 21 feet at its dosestpoint to the front property line along Bailie Beach Road. The lot is referred to, as Lot 3 and was formed from part ofa former common area in about 1970. BASIS OF ,APPEAL: The Building Inspector's August 7, 1998 Notice of Disapproval which was amended-updated October 6, 1998, which reads: "Under Article XXIV, Section 100-244B, the nonconforming lot with <'In existing 21 It. frontyardsetback would now have a 12 It. setback with the proposed construction. Note: Article XXIII, Section 100-230 does not grant relief since it states the "average" setbackS of buildings within 300 ft." Also, ZBA Determination rendered October 27, 1998. AREA VARIANCE:REUEFREQUESTED: ,. Applicant is requesting permisSion to reduce the front yard for a pro~sed deck addition to a nonconforming setback of 12 feet, with consideration of apossible..alternative type of deck . <:onstruction which was offered by the Chairman for discussion on October 15, 1998 with the applicant, but not detailed. Page 2 - Appl.No. 4616 ' Re:1QOO-99-3-1,1.09 (Mag~.",,) lBA Action Rendered 1/27/99 On January20, 1999, applicant revised the (:)I(tn to show an 8 ft. open, . unroofed deck additior;t (0~11 to the sky) with aSE!tba(':k ofl~+~ feet from the front property line at the dosestP9int(southeast c::orner), meq~yrecl byJl1e applicant or her agent-builder. REASONS FOR BOARD ACTION. DESCRIBED BELOW: 1) The granting of alternative relief as described herein will not produ(':e an undesirable (':hange in (':haracter of neighborhood or a detriment to nearby properties because only a P9rtion of applicant's deck will extend beyond the existing nonc::onforming setba(':k (at 2Lfeet). The largest part of the deck will remain within the established 21 ft. nonconformity of the dwelling. 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 applicant's property is narrow and the applicant wishes to enjoy an easy access from the house and views in this waterfront community. 3) The alternative relief is not substantial in relation to the setbacks existing in ,- " ", -" the neighborhood. 4) There is no evidence the grant of the varianCe will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5) The alleged difficulty has not been self-created and is directly related to the characteristics of the land and its size. In considering this application, the Board deems this action to be.the minimum. necessary and adequate to preserve and protect the character of theneighborhoocl,and the health, safety, welfare of the (':ommunity. RESOLUTION/ACTION: On motion by Member. Tortora, seconded by Chairman- Member Goehringer, it was RESOLVED, to GRANT the vc;lriance, a~ applied. The de(':kshallbe "open to the sky." VOTE OF THE BOARD: MEMBERS GOEHRINGER, TORTORA, AND COLUNS. (Member Horning of Fishers Island was. absent, ex(':u bsent during the 1-;;. f _..__voteOn.-tbis.Resolut~is Resolu . w j ~... . . .. ".- .. I GEM DP.GOEHR1N '.l.L~"",iJc.,-,~~.~~~~ '~"". "-<'-'-~>. CHAIRMAN Pl'TI; 1.-r4tf6f HOUn/c>~J'o~ For Filing on 1/29199 1000-99-3-11.9 : _ __ u._u._. _ ___._ __ _..__,.._._ .___~" _q,-M~aZ/et(~t'- , I I ,,:-'<'- APPEALS BOARD MEMBERS Southold Town. Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southol4,New York 11971 Lara S.Collins ZBA Fax (516)765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDI~GS,DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF JANUARY 27,1999 Appl.No. 4650-NORTHEAST OVERSEAS TRADING CO. PARCEL 1000-54-5-23 STREET~LOCALlTY:3570 Kenney's Road, Southold. DATE OF PUBLIC HEARING: January 21,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPnON: The applicant's property is located on the easterly side of Kenney's Road, Southold. The property consists of a total area of 12,482 sq. ft. with 100. ft. frontage along Kenney's Road. The parcel is improved with a concrete foundation, recently constructed under Building Permit #24521 dated September 3, 1998. The setbacks are shown onthe survey updated December 10, 1998, prepared by Peconic Surveyors, P.C. to be 50.2 feet from the front property line and 32.1 feet from a corner of the rear of the dwelling, at its closest point to the rear property line. BASIS OF APPLICATION: Building Inspector's December 22, 1998 Notice of Disapproval for a rear yard setback at less than 35 feet, Article XXIV, Section100-244B. AREA VARIANCE RELIEF REOUESTED: Applicant is requesting a rear yard setback from a corner of the dwelling at 32.1 feet, at its closest point to the rear property line. The remaining corners of the dwelling are shown to be a minimum of 35 feet from the rear property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the amount of relief requested is due to construction under a building permit. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. Page 2 -January 27,1999 Re: 1000'54-5-23 at 5outhold ZBA Appl. No. 4650 Northem;t Overseas Co. (3) The requested area variance is 11()~5!e'.bS~l1tiaiQE;:cause it meets 90%. o~ tne rear yard setback requirement, and the variance ampunts to a land area of approximately seven (J) square feet. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 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 I ACTION: On motion. by Member Dini,ziQ, second~by Member Tod;ora, it was RESOLVED, to GRANT the variance, as applied fur. VOTE OF THE BOARD: MEMBERS GOEljRINGER,.!)lNlZIO,J-OIUORA,andq)UlNS. fThis Resolution was duly adopted (4-0). of Fishers Island was absent, as previously agreed. ~~' GERARD P. GOEHRINGE CHAIRMAN For Filing 1/29/99 1000-54-4-23NE _"'C " ~ l;:-'., 'yo ,'1..:7:,'" i l' -x.' "'" " .,c~ ,;0, ,~ c.,.", ',' '., .,-". , .- .~ """"''''''''''''., ' y:-:>-' AP"EALS BOARD MEMBERS SoutholdTown 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 ($16) 765-9064 George Hornirig Telephone (516)765-1809 BOARD OF APPEALS TOWN OFSQUTHOLD FINDINGS, DEliBERATIONS AND DETERMINATION SPECIAL MEETING OF JANUARY 27,1999 Appl. No. 4646- STEPHEN PESSINIS. PARCEL 1000- 80-2-13 STREET & LOCALITY: 520 Oak Drive, Southold DATE OF PUBliC HEARING: January 21, 1999. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is 90. ft. by 165 ft., or a total of 14,850 sq. ft. in area. The property is improved with a single-family frame dwelling located 47+- feet from the westerly front property line. Since the March 31, 1992 survey, repair/renovation work was completed on the dwelling as noted on the Certificate of Occupancy No. Z-21183. BASIS OF APPLICATION: Building Inspector's October 8, 1998 Notice of Disapproval, regarding ArtideIIIA, Section l00-30AA for the reason that this accessory (shed) building is proposed to be located in an area other than the required rear yard. (No other areas of the zoning code were addressed.) AREA VARIANCE RELIEF REOUESTED: To locate an 18 ft. wide by 12 ft. deep accessory shed at five (5) feet from the easterly front property line, at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The lot size and shape are typical of the neighborhood. All of the lots on the easterly side of Oak Drive and on the westerly side of Reydon Drive back up on the 25-foot unnamed private road (of which the paved width is about 10 feet). That road is used as a sort of alley for vehicular access to the houses abutting it, and many of those houses have garages facing on the private road. (2) The presence of the private. road behind applicant's house results in what is in practice the rear yard being treated as technically a front yard, where the Code does not permit a shed. Although the shed could be located at the north or south side of the Page 2 - Janiuary 27, 1999 Re: 1000"87-3-35 (Pessinis) ZBA Appl. No. 4646 house, such a location would result in an unsightly, crowded appearance when viewed from Oak Drive. In order to place the shecFina reasonable location, applicant needs a variance. (3) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed shed is consistent with neighborhood structures in the yards abutting the private road, and is small relative to many such structures. (4) There are no factors present to suggest that grant of the requested variance will have an adverse effect or impact on the physical or. environment conditions. (5)., The grant of the requested variance is the. minimum necessary and adequate to enable applicant to enjoy the benefit of a storage. shed while preserving and protecting the .., .'.. . . . I character of the neighborhood, and the health, safety, welfare. of the community. i RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER; DINInO; TORTORA AND COLLINS. This Resolution was duly adopted (4-0). Member Horning of Fishers Island was absent as previously agreed. ~ .... /' / >7 ./ -L ,/ /. . ," ,,-d .;"'. / ..~^' . . .-re ... /~ /GERAR'6 P. GOEHRINGE~ /' CHAIRMAN For Filing 2/1/99 1000-87 - 3- 35 -C"/ APPEALS BOARD MEMBERS Southold Town Hall . Gerard P. Goe111'inger, Chairman 53095 Main Road James Dinizio, Jr. p.O~BOjf'1179 Lydia A. Tortora Southbld.NewYork 11971 Lora S. CQlli~ ZBAFax (516) 765-9064 George Hqrning TelepJ1one,(516) 765-1809 BOAIID OF APPEALS TOWN OF SOUTHOLD FINDINGS,DEUBERATIONS A~D DETERMINATION SPECIAL MEETING OF JANUARY 27, 1999 Appl. No.4645.-t)~ANETRENTACOSTE. PA.RCEL 1()QO-l0:'-lQ-17 STREET & LOCAUTY: 180 Strohson Road, Cutchogue DATE OF PUBUCHEARING: January 21, 1999 ANDINGS OF FACT PROPERTY FACTS/DESCRIPTION: . The applicant's property is .Iocated . along the southerly side of Strohson Road, Cutchogue. The property consists of a total area of 30,054 sq. ft. and 80 ft. frontag~along Strohson Road. The September 9, 1998 survey prepared by StanleyJ. Isaksen, Jr. shqws a single-family, two-story frameres~dence with porch with a nonconforming easterly side yard at 13.~ feet, as exists, and tnewesterly side yard at 32.7 feet. The front yard setback is shown at 51.1 feet to the front of the dwelling. BASIS OF APPUCATlON: Building Inspector's November 17, 1998 Notice of Disapproval for combined side yards at less than 35 feet, Article XXIV, Section 100-244B. AREA VARIANCE REUEF REOUESTED: Applicant is requesting a combined side yard area at 28.1 feet instead of the required 35 feet. While the westerly side yard is a minimum of 15 feet, the total with the westerly nonconforming side yard. at 13.1 feet is under 35 feet. During the hearing, applicants revised the plan to increase the total setbacks from 28.1 feet to 30.1 feet, and the westerly side setback from 15 feet to 17 feet. 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 Page 2 - January 27, 1999 Re: .10()0-10t1o-17<Trentamste) ZBA APPt~o, 4645 addition/alteration is modest in size andt;he.property is well landscaped to afford privacy for.adjolniI1Q.neighbors. (2) The benefit sought by the applicantcanhot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is a long, narrow, V-shaped watetfrontlot. (3) The requested area variance is not substantial and represents a decrease of five feet from the code required 35 ft. total side yard setback. (4) There is no evidence that the grant of the variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The proposed variances will not have an adverse effect or impact on the physical or e,nvironl11en~t conditions in the neighborhood or district because the addition is located at a suffj<;ientdiStancefromthe side yard property line. .. .... - ,,-............ "," :' " In consideringtl1isappliC(l~?n,the Board deems this action to be the minimum. necessary and adequate to preselV~~nd protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION I ACTION: On motion by Member Tortora, seconded by Chairman Goehringer,it was RESOLVED, to GRANT the variance as applied for. VOTE()F. T1iEBOAR[): . AYES: MEMBERS GOEHRINGER; DINIZIO; TORTORA; and\ ~OLLIN~. .. .1l1iS. Resolution wasdlJly adopted (4-0). . (Member HorningofFishersJsland was absent as previously agreed.) _ ..::7/ 7;// ?~ . ./~-'. /~ . p" '- / GERARD P. GOEHRINGER CHAIRMAN For. Filing 2/1/99 I ! I 1000-103-10-17