Loading...
HomeMy WebLinkAboutZBA-07/28/1999 SPEC . APPEALS BOARD MEMBERS ~~ "Gerard p" Goehringer, Chairman Southold Town Hall 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 MINUTES THURSDAY, JULY 28, 1999 SPECIAL MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall in the Town Board Conference Room, 53095 Main Road, Southold, New York 11971, on Wednesday, July 28, 1999 commencing at 6:35 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: George Horning (Fishers Island). 6:36 p.m. Chairman Gerard P. Goehringer called the meeting to order. Board file updates and reviews commenced. * * * (6:42 p.m. Member Tortora arrived; the Chairman proceeded with the Agenda Items.) AGENDA ITEM I: The Board proceeded as follows: 1. SEORA status was confirmed regarding the following applications, which are pending receipt of additional information: A. Schroeder property - application filed by Ali Yuzbasioglu regarding gasoline sales use at Sjs Main Road, East Marion. Pending review of LEAF as to completeness and Part III by environmental consultatnt to be requested. 8. Gazza-Lettieri properties - application filed for construction of road for five future dwellings. Application incomplete, pending additional information regarding setbacks from edge of ""'~ and construction diagram of proposed bridge or similar road structure, etc. (Dam Pond, East Marion.). C. Mattituck Library expansion project - application filed for August 18, 1999 public hearing regarding side yard setback and special exception. Coordination letters were forwarded by lead agency (PB). D. Hellenic Restaurant and Giannaris - proposed multiple dwellings with continued restaurant Page 2 - Minutes July 28, 1999 Special Meeting Southold Town Board of Appeals use at N/s Main Road, East Marion (near Greenport). Application incomplete, pending additional documentation before advertising multiple variances. * * * II. PUBUC HEARINGS (none). III. DEUBERATIONS/DECISIONS. The Board deliberated on the following applications. Actions were taken as confirmed in the originals of each of the following determinations, filed with the Town Clerk's Office, of which copies are attached as though fully incorporated and written in its entirety within the body of this set of Minutes: Denial: Appl. No. 4674 - S. Friedmann. Side yards for additions. Interpretation: App!. No. 4708 - Lieb Cellars/Cardinale. 60 ft. building width on one street when a corner lot. Conditional Approvals: Appl. No. 4727 - Stanley Pawlowski - storage building. Appl. No. 4715 - Gregory Michelis - pool with deck. App!. No. 4717 - A. and C. Sclafani. . Habitable quarters in garage. App!. No. 4726 - T. Angell. Deck addition. App!. No. 4662 - P. Rushin & ano. Area variances. Approvals: App!. No. 4698 - W. Lieblein and Budd's Pond Realty. M-II Marine Zone. Lot size, setbacks and building height. Appl. No. 4714 - R. and J. Barry. Garage location (rehearing resolution granted at 7/22 meeting). Appl. No. 4713 - F. and L. Markham. Setbacks of addition. App!. No. 4716 - S. Rutkowski. Shed location in a front yard. Appl. No. 4720 - W. and K. Von Eiff. Special Exception (dwelling). App!. No. 4721 - W. and K. Von Eiff. Variance. Lot Size/UNO uses. App!. No. 4719 - J. and G. Yaccarino. Shed location. App!. No. 4722 - C. and D. Hatton. Accessory Apartment SE. * * * IV. OTHER/RESOLUTION(S): A. Hearing for August 18, 1999 calendar: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to ADVERTISE the following additional new application for public hearing to be held on Wednesday, August 18, 1999: App!. of Ellis and Tapp. Vote of the Board: Ayes: All. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). B. SEQRA LEAF. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to: Page 3 - Minutes , July 28, 1999 Special Meetil"~ '.. ~ SoutholdTown Board of Appeals 1)~~ -~ ~ ,I : - t Collect the appropriate fee for review by the Town's Environmental Consultant of the ~ ~I Long Environmental Assessment Form regarding the pending application of Ali Yuzbasioglu, and upon receipt of payment from the applicant or his agent, forward the LEAF and appropriate documentation from the pending file to the Town's Environmental Consultant. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). * * * V. EXECUTION SESSION (none held). Work session reviews and discussions followed regarding recent updates to other pending applications. (No resolutions, or other actions are taken during work sessions.) * * * 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 9:35 p.m. Respectfully submitted, ~~~' i CIa KowalsKi 8/6/99 Board Secretary ."-,.,.",,,.,,-,-,,",-,--- - RECEIVED AND FILED BY TF..E SOUTHOLD TO\VN CLERK DATE 1~c17 9 HOUR /J..- (. :l 0 ~() l)-i.IJ Town Clerk, Town of Southold. , . ...,,-:-/'" A"l: . 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. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765.1809 . BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28,1999 App!. No. 4722 - CHRIS & DENISE HATTON 1000-70-3-8 STRE:ET & LOCALITY: 430 Grig6nis Path, Southold DATE OF PUBUC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 19,300+- sq. ft. of land area with 143 ft. frontage along the easterly side of Grigonis Path. The property is improved with a single-family dwelling with an. existing Accessory Apartment from the former owner-resident's use (Martin Bussanich Appl. No. 4149 issued by the ZBA 2/23/1993). BASIS OF APPUCATION: Special Exception in accordance with provisions of Article IIIA, Section 100-31B(13). REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the Board has reviewed the Conditions set forth pursuant to Article III-A, Section 100-31, Subsection B-13 to establish an Accessory Apartment-and-finds that applicants comply with the requirements for the reasons noted. below: 1. The accessory apartment would be located in the principal building. 2. Reverend and Mrs. Hatton, the applicants herein, have submitted a copy of their current deed indicating that they are the owners ofthe subject property. The deed was recorded June 15, 1998 in the Office of the Suffolk County Clerk. The owners of the existing dwelling plan to occupy one of the dwelling units as their principal dwelling. 3. The existing dwelling contains a total of 2800 sq. ft. of livable floor area and meets the code requirement for 1600 sq. ft. of livable floor area. 4. The accessory apartment meets thecoderequireAient of 450 sq. ft. minimum livable floor area and would contain 1064 sq. ft. of livable floor area. 5. The 1064 sq. ft. accessory apartment compriseS 38 percent of the total 2800 sq. ft. livable floor area of the existing dwelling and would not exceed the code required 40 percent maximum allowable for an accessory apartment. Page 2 " July 28, 1999 ~ t''''~ ZBA Api'll. NQ.4722 - C. and D. Hatton Parcell000-70"J"8 at Southold 6. The applicants' plans comply with the on"site parking .-equirements and provide for a total of four (4) parking spaces,two for the principal use and two for the accessory apartment. 7. The applicant complies with the requirements of a dwelling unit as .defined in 100-13 ofthe zoning code. 8. The plans indicate that the exterior entry to the accessory apartment of the existing one-family dwelling will retain the existing appearance ofa one-family dwelling. 9. The existing building has a valid Certificate of Occupancy issued . prior to January 1984. 10. Certificate of Occupancy No. Z-22214 was issued March 24,1993 for a one-family dwelling with accessory apartment as per Zoning Boa.-dofAppeals Decision No. 4149. 11. In addition, the Board has review~ the General Standards goveming Special Bq:eption uses set forth in Section 100-263 and finds that: A. The use will not preventthe orderly and reasonable use 9f adjacent properties in the .-esidential district; B. The use will not prevent the orderly and reasonable use of permitted or legi3l1y established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adji3cent 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; D. The proposed use is in harmony with and wiU. promote the general purposes and intent of the code; E.The use is compatible with itssurr~noings i3nd .with the characterpf the.neighborhood and of the community in gene.-al, particularly with. regarding to visibility, scale and overall appearance. F. The structu.-es, ~uipmentandmaterialwill be accessible for emf!.-gencyprotectiOn. The Board has also reviewed other matters to be considered under Section 100-264 and finds that no adverse conditions.. will result;from>tllisautho.-iiation.. , RESOLUTIONI ArnON: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the Special Exception, as applied for, subjecttQ the prQviSiOl1sof the . 4 ~ Page 3 - July 28, 1999 - ZBA Appl. No. 4722 ~ C. and D. Hatton Parcel 1000-70-3-8 at Southold SoutholdTown Zoning Code pertaining to Accessory Apartments with Owner-Occupancy. VOTE OF THE BOARD:.AYES: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) * * * JAMES DINIZIO, JR. CHAIRMAN PRO TEM For Filing about 8/6/99 hnl III III !II :11 ;i' , APPEALS 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 LaraS. Collins ZBA Fax(516)765~9064 George. Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIQNSAND DEfERMINATION MEETING OF JULY 28,1999 Appl. No.4726 - T. ANGELL 1000-35-4-28.25 STREEf& LOCAliTY: 305 Gull Pond Lane, Greenport; Lot 10 Map of Fordham Acres DATE OF PUBliC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 19,955 sq. ft. in area with 100 ft. frontage along the easterly side of Gull Pond Lane, Gr~enport. The lot is also shown as Lot 10 on the Map of Fordham Acres and is improved with a single-family dwelling situate approximately 60 feet from the bulkhead along the dredged canal. and 100 feet from the front property line. The side yards of the. existing dwelling are shown at 15 feet and 14.5 feet, confirmed by a survey prepared August 18, 1976 by Roderick Van Tuyl, P.c. BASIS OF APPLICATION: Building Department's June 9, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4B of the Zoning Code with respect to the proposed 44 ft. setback from the bulkhead. The 1985 Code requirements provide for a 75 ft. setback, or the preexisting (60 ft.) setback from the bulkhead. (No other areas are noted in the June 9, 1999 Notice of Disapproval.) AREA VARIANCE REliEF REOUESTED: Applicant requests a variance authorizing placement of.a 16 ft. by 16 ft. open deck at the rear of his house, the outer edge of which will be 44 feet from the bulkhead. 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. A survey of the subject property by R. Van Tuyl, dated August 18, 1976, shows the house set back 60 feet from the bulkhead. Because section 100-239.4B requires a 75-foot setback from bulkheads on tidal water, applicant requires a variance in order to have any sort of deck (or other structure) at the rear of his house. 2. Applicant proposes a 16x16-foot unenclosed deck, 30 inches above grade. This is a modest size, reasonable in the context of the property. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the size and style of the proposed deck are unobtrusive and consistent with the neighborhood. 3. 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. 4. The grant of the relief set forth belqw is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a deck while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. page 2 - July 28, 1999 ZBAAppLN0.4726 - T. ANGELL ParcellOOQc35-4-28 at Greenport In considering this application, the BOard deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit ora . n~,^, open deck addition, while preserving. and prot~cting the character of the neig~borhood .and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by ME;!mber Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied Jor, and subjE:!d: to the CONDITION that the deck remain "open to. the sky". It is furthercOf:lfin:nedtha~~BAdetermination .dated 6/4/92 under Appl. No. 4110 filed by a prior owner (Coffjn) is tlerebyextinguished (for a similar deck at this property which was not constructed.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOR.TORA,COLLINS. (Member Horning of Fishers Island was absent.) ThisRe ~lutiOn wa~y a~oPted (4-0)l JAM S DINIZIO, JR. CH . . RMAN. PRO TEM For Filing about 816/99 " 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.Cbllins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELI&ERATIONS AND DETERMINATION MEETING OF JULY 28,1999 Appl. No. 4714 (Rehearing of Appl. #4666) - ROBERT and JOYCE BARRY 1000-111-3-18 STREET & LOCALITY: .875 West Cove Road/ Cutchogue DATE OF PUBLIC HEARING: . July 22/1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The south and west sid~ of applicant's property front a distance of 278 feet +- on an undefined curve along We~ Cove Road/ Cutchogue/withthe result that both the southerly and westerly yards are front yards under the Zoning Code. The northerly property line is 191.85 feet and the easterly property line is 114.75 feet, and the total lot area is approximately 20/;1.00 square feet. A survey dated May 24, 1999/ prepared by Destin G~Graf, shows a new dwelling/ proposed swimming paol/ and a proposed garage measuring 22 x 22 feet and located 10. feet from the easterly property line and 22 feet from the southerly property line at the closest points. The Board has also received garage construction diagrams prepared by Jeffrey T. Butler/ PE. I I BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated June 7,1999 denying a I permit to build the proposed garage on the grounds that it would not conform to the requirement I I of Section 100-30A.4/ that accessory structures be located in the rear yard. ! i AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization to locate the . proposed I I 22x22-foot dne-story garage in the southerly front yard with a setback from the property line of 22 I I I feet at the closest point. I I I REASONS FORBOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, ! material submitted and personal inspection, the Board makes the following findings: I I I (1) In Application # 4666/ applicant requested a variance authorizing construction of a garage measuring 27 x 24.5 feet in the same location proposed in the current appeal. On April 8, I 1999/ the Board denied that request but granted alternative relief authorizing a location 30 feet I from the southerly property line at the closest: point. At the hearing on July 22, 1999/ the Board I voted unanimously to rehear applicant's request as Application # 4714. I (2) Applicant testified that becauSE! of the steep slope on the westerly side of the property/ I the house had to. be placed more than 25 feet eastward of the originally intended location/ causing the rear (easterly) yard to. be much shallower than contemplated when plans for the house and j garage weredevel~ped. Thus, in order to have any sort of conventional rear yard for family activities/ applicant requires aVC'ltiance to locate the garage in other than the rear yard. Page 2 - July 28, 1999 ZBA Appl. No. 4714 - R. and J. Bany Parce"1000-111- 3-18 at Cutchogue (3) The northerly side yard isnotajpr9cl:i~llocation because it is not wide enough (22.S feet) and because the topography makes it difficult to reach other than by going through the rear (easterly) yard. (4) The garage proposed in this application is smaller than the one previously proposed (22x22 feet vs: 27x24.5Jeet) and lower in height at one-story (less than 16 to ridge). Grant of the requested variance will n?tproduce an undesirable changeinthecharacter of the neighborhood or detriment to nearby. properties because the structure' is relatively modest, in sCqleand is architecturally consistent with the house, whichwillformthebackground when the garage is seen from the road. (5) There are no factors presentto suggest thatgrar\t ofth~ requested variance will have an adverse effect or impact on physical or environmentalcon9itions. . (6) The grant of the relief set forth below is theminimum action necessary and adequate to enable applicant to have the benefits of both'.a garage and a conyentionaLrear YClrdareawhile preserving and protecting the character- oftheneighborhooclandthe health, safety' and welfare of the community'. RESOtl:JTION/ACTION:Onmotion by Member Collins, secbndedbyChairman Goehringer,itwas RESOL VEDi tb, grant a. variance authorizing constructibnof anaccesory garage, subject to the following CONDmONS: (1) The building shall measure not more than 22 x 22 feet; (2) The building shall be no m()rethanl~1/2 stories in height (nottoexceed 17+ft.as shown on the modified garage plan prepared by JeffreyT. Butler); . (3) The building shall be located no less than22 feet and 28 ft. ptits two closest corners ofthegarage, set back from the southerly property line, and a minimum oflO feet from the easterly property line; (4) The structure shall have no utilities other thclnelectricity' ,as proposec!. Vote of the Board: Ayes: Goe!1ringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Tslandwasabsent.) ------------- " ~ 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 SOl.YI;JIOLD FINDINGS AND DETERMINATION July 28, 1999 Meeting App!. No. 4674 - STEPHEN FRIEDMANN 1000-123-4-4.1 STREET & LOCALITY: 2140 Deep Hole Drive, Mattituck. DATE OF PUBLIC HEARING: April 22, 1999; May 20, 1999; July 22, 1999 FINDINGS OF FACf PROPERTY FACfS/DESCRIPTION: The subject property consists of a total lot area of 12,200+- sq. ft. with 41 ft. frontage along Deep Hole Drive and average depth of 213 feet. Existing is a one-story, one-family frame house. The applicant's sketch shows the dwelling at 4.5+- feet at its closest point to the north property line, 21 feet to the south property line. The applicant notes a 63+- ft. setback to a tie line along the high water mark. For informational purposes, prior ZBA determinations were rendered regarding this property under App!. No. 4232 for lot width and area in a lot-line char)Qe application for Thomas Palmer and J. Gibbs, App!. No. 4232, and App!. No. 3871 for the location of an accessory building by J. Gibbs. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated January 8, 1999 citing Article XXIV, Section 100-244.B for the reason that the Code requires "a combined side yard area of twenty-five.(25) feet" on nonconforming lots having less than 20,000 sq. ft. of land area. The . northwest side yard is proposed to remain at 4.5 feet, and the south side yard is proposed to be 15 feet. The combined side yard total is 19.~ feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a proposed addition/alteration to an existing one-family dwelling which will have a combined side yard total at 19.5+- feet at its closest points (comers). Applicant proposes an extension at the north side of the dwelling, the corner of which will.be within the existing 4'6" setback and an addition, reducing the south side yard setback to 15 feet at its closest point. No other variance has been requested through this building permit/appeal process. REASONS FOR BOARD ACfION: After consideration of theentire record, testimony at the public hearing and other evidence, the Board finds the followiflg faets\!to be true and relevant: , 1. The lot is Very nal1"ow but fairly deep. The north setback of 4.5 feet is far less than the required minimum of 10 feet. Any expansion of the house on that side, even maintaining the current setback, would. decrease the volume of the house that is undesirably close to the property line,adding to the appearance of crowdedness and infringing privacy. 2. BecaU!ie t~el1orthi .setbac,k is .so small,any reductipn of the south setba<::k would I.ead to an . undesirable. increase in the appearance ofovercrowdedness. f>age r- July 28, 1999 ZBA Appl. No. 4674 - S. Friedman Parcel IDl00Q-123-4-4.1 3. B~cause applicant proposes to increa~th~hei9ht and bulk of the house, there are substantial issLJe$of,increased crowdedness~mdencrqachment on neighbors. The Board therefore concludes that grant of the requested variance would produce an undesirable change in the character of the neighborhood,or detriment to nearby properties. 4. It is possible to expand the house within thepresentfootprint or to expand the footprint tQ the north, and. these .alternatives enable applicant to expand his house without the variance requested in this application. RESOLUTION/ACTION: On motion by Member>Collins, seconded by Member Dinizio, it was RESOLVED, to DENY the variance as applied for. '. Vote of the Board: Ayes: Dinizio, Tortora, ~qmns; Nay: Cl;Jairman Goehringer. This.Resolution was duly ADOPTED (3-1). (Member Homing qf Fishers Island was absent.) JAM DINIZIO, JR. ' CHA RMAN PRO TEM For Filing about 8/5/99 , ,-' APPEALS BOARD MEMBERS Southold Town Hall - 53095 Main Road Gerard P. Goehringer, Chairman James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 LaraS. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND. DETERMINATION MEEfING OF JULY 28,1999 App!. No. 4708 - LIEB CELLARS 1000-121-6-1 STREET & . LOCALITY: 35 Cox Neck Lane and Middle Road (C.R. 48, a/k/a North Road)/ Mattituck DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: TheClPplitant's property is located in the Limited Business (LB) Zone District and consistsof3.,S63 acres(155/204.28 sq. ft. in area) with 337.83 ft. frontage along the north side of Middle Road (a/k/a Middle Road and C.R. 48)/ and 428.85 ft. frontage along the west side of Cox Neck Road, Mattituck. The property is vacant land. BASIS OF APPLICATION: Building Department's May 7, 1999 Notice of Disapproval citing Article VIII, Section tOO-83C.of the Zoning Code, stating that: "...the prOpOsed construction on comer lot has two road frontages, two (2) structures on proposed project Will exceed sixty (60) foot linear frontage on one of those road frontages while maintaining the required frontage on the other frontage." INTERPRETATION REOUESTED: Applicant's attorney asked the Board to rule that Section 100- 83C applies tofrontage on'\one (1) street"; in that ease, since the building sides fronting Route 48 are within the 60-foot limit of Section 100-83C, the buildings would be in compliance. The Board agreed to hear this interpretation questionand,after giving public notice, did so on July 22, 1999. Specifically, the Boprd addressed the question ''whether the proposed winery building is required to have sixty (60) linear feet offrontage on one (1) street or on two road frontages." The legal notice read for the hearing held on July 22, 1999 was advertised as follows: "This is a request for an Interpretation under Article VIII, Section 100-83C which states: A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. Applicant proposes to construct a winery on this corner lot with two road frontages (at intersection with Middle Road a/k/a C.R.48) and requestS the Board to interpret whether or not the proposed winery building is required to have sixty (60) linear feet of frontage on one (1) street or on two road frontages, as determined by the Building Department's May 7,1999 Notice of Disapproval. Site Address: 35 COx Neck Lane, Mattituck; Parcel 1000-121" 6-1." Page 2 - July ~999 ZBAA/JpLNQ.4708 - Lieb Cellars ParceI1QOQ,-121-'6-1. BoARD ACTION/RESOLUTION: The Board HeqrHtestimOny on the question to be addressed. The Board is cognizant of the legal principle that since zoning ordinances are in derogation of common . law property rights, they must be construed strictly. On motion by Member Collins, seconded -by Member Dinitio, it was RESOLVED, that the Board interprets the meaning of Section 100-83C to be that a structure shall have no more than Sixty linear feet of frontage on ohestreet, so that a structure with two street frontages satisfies Section 100-83Cwhen it measures no more than 60 linear feet on one of those frontages; and further RESOLVED,that the Building Inspector's Notice of Disapproval dated May 7,1999 is hereby reversedpursuantto this Board's authority under section26Z~bl of New '(ork Town Law. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGi;:R,DINIZIO, TORTORA,ANDCQLLINS. (Absent was Member-Horning.of Fishers Island.) Mion I opt~(4-0). . (; GERARD P. GO CHAIRMAN For FiUng iaboPt8/2/99 RECEIVED AND, FILED BY 1'HE SOUTEiYLI?TOym CLERK DATi: $'fz.~.6'f~~f'$:O~ ~....."'..~ ~fy . "AP~ALS BOARD MEMBERS d;-~hoL.t .' ~ ~.~ ' Southold Town Hall Gerard P. Goehringer, Chairman . 53095 Main Road N ::::. . :...::. ~ James Dinizio, Jr. ~ c - \, P.O. Box 1179 en .., :i!:: 1:1 Lydia A. Tortora " r>'1N Southold, New York 11971 .'0 ' ~ ' Lara S. Collins ~. ~ ZBAFax(516) 765"9064 George Horning ~t).l.. -+.~c:s T~lephoIle (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 App!. No. 4698 - WlLUAMLIEBLEINand BUDD'S POND REALTY. COMBINED AS SINGLE LOT: nlOO-'56!.:4-11 and 132 . PROPERTYLOCATIQN: 62845 and 62945 Main Road, Southold DATE OF PUBUC HEARING: June 24, 1999 and July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant land ,and consists of a total lot area of 35,000 Sq. ft. with a.sombined frontage along the north side of the Main Road of 350 feet and lot depth of 100 feet. The property is shown as former Lots 19, 20, 21, 22, 23, 24, and 25 on the Map of C.L. Sanford Brick Co., Inc. filed in the Suffolk County derk's Office as Map No. 539. BASIS OF APPUCAtION: Building Inspector's March 23, 1999 Notice of Disapproval citing Article XII, Sections 100-121. and 100-122 of the Zoning Code, with respect to: a proposed rear yard setback at less than 25 feet, average building height proposed at36.5 ft., lot size at 35,000 sq. ft., lot depth of 100 feet., The property is located in an M-II Marine'District. AREA VARIANCE REUEF REqUESTED: Applicant requests Variances to locate a proposed 10,000 sq. ft. boat storag~ building, 250 ft. wide by 40 ft. deep on a 35,000 sq. ft. parcel{ with the following reduce<isetbacks: 1). atlO ft. from the rear property line, as shown on the March 1, 1999 site map prepared byG. Strang, Architeq. 2) averagebuilding height at 36.5. feet (with true distances between 32 ft. from ground to the top, at the rear.to a total of 38 feet from ground to the top at the front portion of the, building). Natural landscaping is also proposed at 20% when induding natural vegetation (see Planning Board memorandum to the Zoning Board of Appeals dated June 10, 1999. INFORMATION AND EVIDENCE: 1.,ARPlicant'S P~Pertv . C()n1:ains3~dJt.ofwidth (roctc:ffrontag~)()g$$te.~oute2~['(\1ain Road and Is bounded on the north (n()rth~st) by the U~>~~ht-o~Jwayi;: '~~etI~ndi;lrea~djOinS the property line to the east, and a commercial martne business adjoins theiproperty on theWest. - " Page 2- July 28, 1999 " ,0 ZBA Appl. No. 4698 - Ueblein and Budd's Pond Realty Partel100l).56-4-11 and 13.2 '2., Applicahtwishes to merge two existing nork()nformi ng lots to create one 35,000 sq. ft. lot and seeKs an anoia variance from the COde required 80,000 sq. ft. minimum lot size in this Marine II Zoning District. 3. The purpose of the variances requ~stediS to permit the applicant to construct a large boat storage building to meet theincreqsing demands of qJstomers who purchase boats and would like them to bestotedand<serviced inside a secure weather-proof facility. Applicant's existing storage fadlities are filled up, 4. A number of people testified at the public hearillg that by placing boats now storage outside in a new boat storage building, the Sit~ would. be imProvedandm(ldemor~attractive, which would be a benefit t to the neighl;>orhoQdaswell as v~hicl~ pas$ingby 08 RquteLp. 5. Th~ neighboring properties ,north, of ROl,Jte 25. tOtheL!R5andsoutll ofR()~te25: to Budd.'s Pond (Peconic Bay) are zoned Marine II. The proPOsed;use is consist with this and surrounding properties,.as well as the stqted goalp of the ,fv1prine II Zooing District. 6. TheSouthol<lTo'lm:~lpnl1in~ ~oard has recommende9 approval9fthereql,Jested v(lri(lnces. 7. The Sol,Jthqld TOJNnTrust~ have issued a wetlandpellllit for constrllc:tlop of theprogosed boat ~()@QE!/;ll,lUding. . . .' .' REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board,and~f"Sonalif1spection, the BO(lrd .makes th~ follo\^iing.findings: L . GrantoftiIeareavcll"ianc~willl-l()tprodUce(lnunde::;inabl~ch?Ingeinthe ~pr~~r ~fthe neighborhood or a'qebji.Il1~'lt,t() nearbyprR~rties~ The prRpos~~t,~orq.~~Q~raingiS consistent with the commerci~lmatine business uses on this arid surrounding properties. The indoor bQat.Sto@geQuilding will be a benefit to the neighborhqod by helping toeUminate the need fQr,QUt:d9Prbqa~..~o@gE;!fthl;l~crEWnga m9re attractive site,that wjll e(1hanceth~a~~@nce of the area. . . ' , ,,' " ..' .,. .' :.: '. ....i" 2. The. benefit sol,Jght Qythe applicant cannot be achieved by sdrnerneth6cl,<teasjl:)l~ fOr the 9Ppli~nt~0 PYl"?uei()~rthi:ln an areavari(lnce ~Hse tll~ Ip~si~ei~ :noOCOof€)rming,andthe requested rear yard: variance is required to properlylbc:at~.:th~ stofpg.e tluiIdi~g.()nthe:non- conforming lot. The requeSted height variance .of Seven (7")i$c1eminimGs. . , " 3., The. lot $i~e'area.Y(lrian~.is. sl,Jb?tantial. The.~~k,varianc~ is.notsubstal1tial .in relation to thenonconfor/:nih9 si;ze of the lot and reasonable placei'rientoftl1eprbpo5edbdatstoragebuilding. Thel;1eight .vpri(ltl~'isd~ n)j(,imus. 4. The prdposed\'Clti~I'l~' willhdt have an adverse effector impactcinthep~ysical or environmental condip.onsin the neighborhood or.districtbecpP~~~~~RI<iI.(J1~~f1J~~nave reviT~~the poten~i:ll enyironm~fltqlimpad .pfthis proposaUwlthre$~totll~~joiAia@J'Wetl~n~ a~~i:l~,p~Y~ii~M~'!~d~Rlj~n~i;~, ~eg.~Q~ :~rmi~ .f]J9~er~Viiden~!~$Pf~nt~to su'.'estfl'la'ftfi " ...l.,;.. , i.> . I. "",. ',"." ,"""d "'''(''', .. ,,,. di"'" "... ,., ." ..""',.," f'"p '. .., . ""~",;i"'f'jj~'~~r~~+l"..~PJ({lm~i'~~J<il.j.~i:l~~,i3I'lYi:l~x(~~ eff~iol'!~e~.,S1cat On ertVtronmenta'~ J ODS m>; ,i' ".. . ;'RiI~~rn<-e'i'cillsttlreti . " ',.".' .. " .:",>. c ":':-':'>"-''1''' '_..:', .":'~:<"'.~..::." ;:_0 "'" :..--,',";t,\""""c,,,,'_"Y'.""';-""I..{.,.t-.lt'XIr'"Y''''' '.'~.',.,-~. _, ",.",J'I'T,'"'',\''' ">_.."_'.",-~;:<"."",, 1.,. ":.~,,".,,,t.;._,__, _"."., _.,:.~ '- _ , I :' .' . . 'J ~---; ". .C.,,, ,'," "'_';"''''~''~''-'-:''.;,:.'f':, __c. --')".:,.,';..';"'! ,.','-:"-".: ':'-:--'~.:.""1'~'" '."'~''"''-<''''--. .:.." :_':. -::....\"'''.'-' ": "',,:"'.;"'T,.I .:. ,,'" . :.'" '~<' .;/ ,,J} .~ r, ) Page 3 - July 28, 1999 ZBA Appl. No. 4698 ' Lieblein and Budd's Pond Realty Parcell00Q-S6-4-11 and 13_2 In.considering this application, the Board. deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of an enclosed storage facility, while preselVing and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was . RESOLVED, to GRANT the variances, as applied for. VOTEOFTHE BOARD: AYES: MEMBERS GOEHRINGER, D (Absent was: Member Horning:) This Resolution was dul pt RECEIVED AND FILED BY j . THE SOUTHOLD TOWN CLERK DATE 8'/2/ ?:7Ht}; ~N)6 ~<ltd! .l}w$ , . Town Clerk, Town of SOUthOl~_.1 l . r .~.--._- .. - APPEALS BOARD MEMBERS SoutholdTown Hall Gerard P. Goehringer, €hairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 LydiaA. 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, DEUBERATIONSAND DETERMINATION MEETING OF JULY 28,1999 Appl. No. 4713 -F. and L.MARKHAM 1000-104-5-37 STREET & LOCAUTY:875 Mason Drive, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY,FACTS/DESCRIPTION: The applicant's property consists of 16,517 sq. ft. in area with 90.43 It. frontage along thenortherty side of Mason Drive, Cutchogue. . The lot is improv~ with a single-family, one-story house shown on the March 12, 1999 plan prepared by John E. Stumpf, R.A. P.c. with a. front yard setback at 39.6 It. at its closest pOint, side yards at 8 ft. and 17 feet, and rear yard at 96.8 feet. BASIS OF APPLICATION: Building Department's April 5, 1999 Notice of Disapproval citing Article XXIV, Section 100'-244 of the Zoning Code with respect to a proposed reduction in the side yard from .8 ft. to 7.25 feet, and sombined side yards at 24.25 ft. reduced from 25 feet. The Code requirement is 10ft.' for one side and a combined total of 25 feet. AREAVARIANCERELIEF REQUESTED: Applicants request a Variance of nine inches (.75 ft.) from the present 8 ft. setback of the dwelling, for a proposed addition at the southeast comer of the dwelling. (No other areas are noted in the April 5, 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: The Zoning Board held a public hearing on this matter on July 22, 1999, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Zoning Board of Appeals determines the following findings of fact to be true and relevant: 1<.1IGrant of a 9-inch setback variance to allow for construction of a 15 ft. 3 inch by, 8 ft.,3!i\ inch addition will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will square off the southeast front comer of the house, improve its appearance, and enhance the prqperty. 2. The benefit sought by applkant cannot be achieved by some method, feasible for appellant,to PIJl'Sue, other than. an area variance because the addition adheres to the . existing footprint of the house and only a small section of the addition ~~ nine inches ~- Page 2 - July 28, 1999 . . ZBA AppL No, 4713 - F, and L Markham ParceI1000-104-S-37 at Cutchogue will encroach into the conforming setback. 3. The requested area variance is not substantial and represents a 9-inch decrease in the code-required setbacks. 4. The difficulty has not been self created and is due to an approximately one-foot differential between the front yard setback of the southeast line of the house where the addition is proposed and to the remainder of the house. 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 will improved the appearance of the house with no ill effects on the environment. 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 addition, while preserving and protecting 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: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) y- '---' JAM DINIZIO, JR. CH RMAN PRO TEM For Filing about 8/5/99 . 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.F~ (516)765-9064 George Horning Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FII"jDINGS, DEUBERATIONS AND DETERMINATION MEETING OF JYLY 28,1999 Appl. No. 4715 - GREGORY MICHAELIS 1000~8-3-13 STREET & LOCAliTY: 430 Salt Marsh Lane, Peconic DATE OF PUBUCHEARING: July 22,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 15,795 sq. ft. in area with 150 .ft. frontage along the northerly side of Salt Marsh Lane (a/k/a Lake View Avenue), Peconic. The lot is improved . with a single-family dwelling situated close to the Coastal Erosion Hazard Line and top of the bank of the Long Island Sound. BASIS OF APPLICATION: Building. Department's two Notices of Disapproval dated June 8,1999 citing Article III, Section 100.33 and Article XXIII, Section 100-231 of the Zoning Code with respect to the proposed side yard location of an in-ground pool (16' by 30') with upper and lower decks, and the proposed 10 ft. high fence around a new tennis court structure. AREA VARIANCE REliEF REOUESTED: Applicant requests Variances for a proposed in-ground pool with deck 10 ft. extension with an easterly sideyard setback at 15 feet from the top of wall and deck area. The pool arid deck areas are proposed at the same nonconforming setback of the dwelling from the L.I. Sound (not closer). The accessory tennis court structure is proposed in the required front yard of this waterfront parcel, however, the height of the fencing for the tennis court is proposed at 10 feet. (No other areas are noted in the June 8, 1999 Notices of Disapproval.) 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 beca.use the minimum 15 ft. side yard setback of the pool would meet the requirement for a dwelling addition. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance due to the variable elevations of the land. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that either the proposed pool with cleek or the tennis court fencing would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5. The difficulty has not been Self-created.and is related to the topography of the land and the pa~ 2.~ July28, 1999 ZBAAppI.NO..4715 - G.Michelis Parcel1000-6B-3-13 at Southold layouLClf the building areas. In considering this application, the. Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy tt}e benefit of a new in-ground pool with deck and 10 ft. high fencing for a tennis court structure, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION! ACfI()N: Oh motion by Member Dinizio, secOhdecl by Member Tortora, it was RESOLVED, to GRANT the variances, as applied for, SUBJECT. TO THE FOLLOWING CONDITION: Six to8 ft. high screening, arborvitae or similar evergreen, shall. be pl~nted3 ft. to.5 ft. apalt,and continuously maintained for the entire length of the tennis court on the west side. VOTE OF THE BOARD: AYES: Members <;ioehringer, Dinizio, Tortora, Collins. This Resolution waSdulyADOPTEO(4"O). (Member Homing of Fishers Islandwps. ab$eht.). JA E? DINIZI(), J~. C AIRMAN PROTEM For filing a bout 8/6/99 ---~_.._.__._- v APPEALS BOARD MEMBERS Southold. Town Hall Gerard R Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBAFax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUmOLD FINDIN<;S, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4727 - STANLEY PAWLOWSKI 1000-102-7-4 STREET & LOCALITY: 1785Crownl"and Lane, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPeRTY FACTS/DESCRIPTION: The applicant's property consists of 41,580 sq. ft. in area with 257.55 ft, frontage along Crown Land Lane and 175.35 ft. along Spur Road, Cutchogue. The lot is known as Lot 8 on the "Map of Crown .l"and"andisimproved with a Single-family dwelling situated at 65 feet from both front property lines, and an existing tennis court structure with fendng. BASIS OF APPLICATION:. Building Department's May 10, 1999 Notice of Disapproval citing Article Itl, Section 100c30A.3 of the. Zoning COde with respect to a proposed 12 ft. by 30 ft. storage shed which will exceed lot coverage limitations. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 12 ft. by 30 ft. accessory storage building whiCh will exceed lot coverage by 360 sq. ft. The lot coverage recluestedoverallis 22.35% of the total lot area, or 9,147.60 sq. ft. (No other areas are noted in the Notice of Disapproval, which is the basis of this appeal application.) - 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 building is proposed in the yard area next to the tennis court which is heavily screened, and which screening will be continuously maintained to shield the building from neighboring properties . 2. The benefit sought by applicant cannot be achieved by some method, feasible for Cilppellant to pursue, other than an area variance because the property is improved with a tennis court structure which utilizes 6,785 sq. ft. of the lot coverage calculations for buildings, although it is not a "building." 3. The requested area variance is not Substanti~1 and represents 360 sq. ft. relief from the lot coverage limitation. .....>."...-_._--~ Pag~ 2 - July 28, 1999 . ZBA 'Appl. No.4127 - Stanley Pawlowski ParcettOOO-lIil2-7~at Cutchogue 4. No evidence has been submitted ... thatthe proposed storage building would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. In considering this application, the Board deer;ns this action to be. the minimum necessary and adequate to enable the applicanti;toenjoythebenefit.of an .accessory storage building, while preserving and protecting the character of the neighborhQbcland the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer,itwas RESOLVED, to GRANT the variaflce, as applied for, subject to the following CONDITIONS: 1. The screening along the westerly property line shall be continuously maintained at all times. 2. The building shall not be utiHzedfor sleeping or Iivingpi.lrpo~. 3. The interior of the building may have electriCal utilities. 4. Thebulldingsh~lIbe utilized for storage, as requested. 5. Access to the building shall beonapplicant'"s property and hot over other lands. VOTE OF tHE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS; This Resolution was duly adopted (4-0). (Member Horning of Fishers. Island: was absent.) . ~,~ " \P~EALS BOf.,RD MEMBERS. .-("<':'.'~.;;:?:=~.;.. . )L Li~~\\ fFDl,t";;~,;- . 'JI<" Southold Town Hall ,"~ ~;, 53095 Main Road Gerard p, Goehringer, Chairman \ i 10..;;: ~, N~ ~~ James Dinizio, 1L N~ ~K P.O. Box 1179 Lydia A. Tortora " ' Southold. New York 11971 '~ ~'; . " Lara S. Collins ~Q./ + i-~~-:// ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 -Qo...~f,~iL- BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28,1999 Appl. No. 4662 - Patricia Rushin and Pamela Motlev PARCEL 1000-86-7-5 STREET & LOCALllY: 6850 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: March 25, 1999 and June 24, 1999 FINDINGS OF FACT PROPERlY FACTS/DESCRIPTION: The applicant's property is located along the south side of Indian Neck Road, Peconic and consists of approximately 3.4 acres. A site plan map was submitted to the Building Inspector dated August 1998, prepared by Brennan and Brennan, Architects (Project #9707001) showing an existing two-story single-family dwelling, an accessory single-family one-story house, accessory barn and two small accessory structures (gazebo and wood deck) located near the bulkheads. Later, on May 6, 1999, a July 1998 plan was also submitted for consideration which shows landscaping elements for both proposed Parcels A and B. Proposed by applicants is a division of the entire 3.4+- acres into two substandard parcels: (a) Parcel A proposed at 67,451 sq. ft. in area inclusive of the 1,732 sq. ft. beach area, 82 feet in nonconforming lot width, nonconforming side yards of the principal dwelling at 1.2 feet and 11.9 feet, and nonconforming rear yard at 13.10 feet; (b) Parcel B proposed at 81,771 sq. ft. including the 851 sq. ft. of beach area, 77 ft. lot width, proposed nonconforming side yards at 10 feet and 16.9 feet, and nonconforming rear yard at 26.9 feet. For the record it is noted that a Certificate of Occupancy for the Nonconforming Premises (as exists on this 3.43+- acre parcel was issued February 6, 1986 for: a one-story one-family wood framed dwelling, a guest cottage, accessory building containing a work shop, two-car garage and a carport, wood-framed shed, a bath house and metal building. (NO building permits have been found of record since prior to 1961.) BASIS OF APPEAL: The Building Inspector's December 10, 1998 Notice of Disapproval in this pending subdivision project with respect to: (a) Insufficient lot width for each proposed Parcel A and B, for one Single-family dwelling use on each Parcel; (b) Insufficient lot area of proposed Parcel A; (c) Insufficient side yards for each proposed Parcel A and B; (d) Insufficient total side yards for each proposed Parcel A and B. (e) Proposed Parcel B - with "no safe and convenient access". (f) Bathhouse structure on Parcel A. Page 2 - July 28, 1999 ZBA AppL No, 4662: Motley & Rushin 1000-86-7-S No other relief is being requested and this determination is limited as written herein, and based upon the October 26, 1998 application for a Building Permit and the December 10, 1998 Notice of Disapproval issued by the Building Department AREA VARIANCE RELIEF REOUESTED: Applicants are requesting variances for the fOllowing regarding the proposed subdivision of their 3.43+- acre parcel: (a) Parcel A proposed at 67,451 sq. ft. in area inclusive of the 1,732 sq. ft. beach area and 82 feet in nonconforming lot width; (b) Parcel A with proposed nonconforming side yards from the new division line, leaving setbacks from the principal dwelling at 1.2 feet and 11.9 feet, and nonconforming rear yard at 13.10 feet; (c) Parcel B proposed at 81,771 sq. ft. including 851 sq, ft. of beach area, 77 ft. lot width, (d) Parcel B proposed nonconforming side yards from the new division line, leaving setbacks from the main building at 10 feet and 16.9 feet, and nonconforming rear yard at 26.9 feet. (e) Parcel A location of an existing accessory building, located 1+- ft. from the new division line. This building is noted on the August 1998 site plan as a "gazebo" located with insufficient setbacks from the new side property line and from the bulkhead. The building does not contain sleeping or living quarters, and its use will remain the same. OTHER INFORMATION: The Board notes that with respect to both lots, both lots have direct frontage on a publiC road. REASONS FOR BOARD ACTION. DESCRIBED BELOW; (1) The granting of the alternative area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because there will no longer be more than one dwelling on each lot, thereby eliminating a nonconformity use. Each of the two parcels as proposed will not contain more than one single-family 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 there is no other land area available and it would be costly to relocate the buildings and access drive. (3) The requested area variances are substantial in relation to the code requirement (4) No evidence has been submitted to show that the grant of the requested variances will 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 because it is related directly to the layout of the land and location of the buildings. ~.__ d___~" __._._ __._. _ _____~__,__,,___. __..~. "~______". _,_" _.___.,_ ___'..~...__.. .,,~-~~~--~-- "'~-.'~"~ . c" ~ ~ page1 - July 28, 1999 . ZBA Appl. No. 4662: Motley & Rushin 1000-86-7-5 l' In considering thls application, the Board deems this action to be the. minimum necessary to enable the family members (applicants) to enjoy the benefit of separate ownership of land, while adequately preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the area variances with respect to lot linesr lot size and setbacks of existing buildings, as requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the door and steps on the west side (shown on the plan) would be removed from the design; 2. That the screening be consistent with the recommendations of the architect for a distance of 100 feet, extending northerly from a point commencing at the front of new construction on Parcel B. 3. That the screening be continuously maintained in good condition at all times. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island.was absent.) This Resolution was duly adopted (4-0). Q, JAME DINIZIO, JR. CHAl MAN PRO TEM For Filing about 8/5/99 ! \ APPEALS BOARD MEMBERS it Southold Town Hall .~ ~. 53095 Main Roau Gerard p, Goehringer, Chairman ,"" ~ "; ,':,::) ~. James Dinizio, Jr. ~ (:) ~ P,O, Box 117<) :: en :;0: Lydia A Tortora ' "'" r>r ' Southold, New York 11971 ':, c::> " Lora S, Collins '':~. ~i ZBA Fax (516) 765-9064 George Homing \~OJ + ~~~-, Telephone (516) 765-1809 -_' "__ _,.iT BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No, 4716 - STANLEY RUTKOWSKI 1000-35-2-16.1 STREET & LOCAUTY: 5705 Main Road, East Marion DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 87,1120 sq, It in area with 354+- ft. frontage along the Main Road, The depth of the property is 233.41 feet along the westerly line and 220.24 feet along the easterly line. The premises is improved with a single- family dwelling situate approximately 40 feet from the Main Road (front property line). BASIS OF APPUCATION: Building Department's June 8, 1999 Notice of Disapproval citing Article III, Section 100-33 of the Zoning Code with respect to location of an accessory building in a front yard rather than the required rear yard, (Note the westerly property line separates applicant's property from a 25' right-of-way used privately by the its owner for access to their pumping station for public water. The right-of-way is now owned and accessed privately by the Suffolk County Water Authority and was privately owned and accessed by the Village of Greenport. AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance to locate a 12' X 24' accessory storage building in a front yard area at a height of 10 feet The accessory building will replace another 6 x 10 ft. shed in this area, and will be approximately 72 feet from the westerly property line and approximately 66 feet from the southerly property. (No other areas are noted in the Notice of Disapproval.) OTHER INFORMATION AND EVIDENCE: Applicant's property contains 385.63 ft. of road frontage on the Main Road, and to the east, 223.41 feet along a 25-foot private right-of-way which is heavily overgrown with trees and bushes, Applicant wishes to replace a 10 ft. by 6 ft. storage shed with a 24 ft. by 12 ft, shed for the purpose of storing garden tools and equipment 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 property is a large rectangular-shaped parcel that contains two front yards as determined by the Building Department The proposed --~".> - ---.-.-- ,-_.. - . P'"._--'-- >..--..-.....-.------..- ._. --_."- ...."...,.-.~- Page 2 - July 28, 1999 . . ZBA AppL No. 4716 - S, Rutkowski ParceI1000-3S-2-16.1 at East Marion storage shed will be located approximately 72 feet from the right-of-way, approximately 66 feet from the rear of the principal dwelling, and be set back approximately 160.41 feet from the Main Road. 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 applicant's property has two front yards, automatically limit the size of appliCant's rear yard area, which is the only conforming area in which the accessory structure could be located without a variance. 3. The requested area variance is not substantial. 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 determines that the grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a storage building in a practical location while preserving and protecting the character of the neighborhood and the health, safety and 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, subject to the following CONDITIONS: 1. That the proposed storage building remain accessory to the dwelling and not be converted in the future for living or habitable quarters. 2. That the building remain at one-story height, as proposed. 3. That electric shall be permitted as an interior utility for the building. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COWNS. This ResoI~on was duly adopted (4-0). (Member Ho ing of FiS[ I~la~: was absent.) DINIZIO, JR. RMAN PRO TEM " 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 GeQrge Horning Telephone (516) 765-1809 BOAiRDOF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION JULY 28,1999 MEETING App!. No. 4717 ~ ANTHONY and CHERYL SCLAFANI 1000-52-2-29 STREET & LOC:A~ITY: 790 Ruch Lane, Southold DAlE OF PUB1l1 HEARING: July <2, 1999 FINDINGS.oF FAG PROPERTY FA S DESCRIPTION: The applicants' property consists of 12,145+- sq. ft. in area with 75 ft. fron age along the easterly side of Ruch Lane (a private road), in Southold. The property is impr ved with a single-family dwelling, occupied by the applicants as their residence. Also existing is . n accessory concrete- block garage building shown on the July 10, 1998 survey map prepared b Anthony W. Lewandowski, L.S. situated approximately 11 feet from the dwelling (at its dosestptt) and 3.4 ft. from the northerly side property line. The existing garage has a bathroom, hot ater heater and electric service (Certificate of Occupancy No. Z6764 dated November 3, 1965). BASIS OF APPUI ATION: Building Department's April 29, 1999 Notice of Disapproval citing Article Ill, Section lrIA(1) ~ 1~;ZOOng Code, _ing - inappli~nfs ~_ ro add famHy quarters, "the pI' posed renovation in accessory garage would be a second dwelling on same lot. Pursuantt to Article III, Section 100-31A(I), use regulations, one family detached dwellings honoeiceed one dwelling oneach lot." .. VARIANCE REUEF RE UESTED: Applicants request permission to extend family living quarters into the a~cess ry building for applicant's elder parent (mother) during her remaining years. The renovations pr posed.~re interior changes only, such as adding carpets, cabinets, furniture, and extendiomlighti g and other facilities for habitable quarters. There is Mull bathroom as evidenced by Certifiqate o~ Occupancy NO.. Z6764. and Building Permit No. 7932Z. No. changes are proposed in the overhead doors or other exterior character ofthis accessory garage building. REASONS F()R BOARDAGION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection; the Board makes the following findings: 1. Applicant purchased this property in 1998 and intends shortly to make it his full-time residence. His 87-year ~Idailing mother lives with hiql and his wife at his current full-time residence. The dwelling on the subject PClrcelis small, and applicant contends that without extensive structural changes, it is unsuitable for housing his mother along with himself and his wife. Pcge 2 - July 28, 1999 ZBAAppl. No.A717 - A. and C. Sclafani Parce'.WDOc52-2-29 at Arshamomaque 2. Applicant states that he has looked widely for suitable living accommodations in Southold for his mother. Because he has been unsuccessfLJI, he proposes to renovate the garage into living quarters, and contends that this is less intrusive and less permanent than a structural addition to his house. 3. At the hearing on July 22, applicant stated that he is willing to accept restrictions that will allow no one other thanhismothert6occupy the rehovatedgari;lge at any time. 4. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the appearance of the garage will not change and the use of the garage as living quarters will be limitecltd applicant's elderly mother. 5. There are no factors present to suggest that grant of the requested variance will have an adverse effector impact on physical or enVironmental cOfTlditions. 6. The grant of the relief set forth . below isthe minimUm actionne<:essary and.adeqU<lte to enable applicant to provide suitable living quartersf~. hiS. mother while preserving and protecting the character of the neighborhOod and the health, safety! and welfare .of the community. In considering this application, the Board deems this action to be the miOimumnecessary and adequate to enable the applicantsto enjoy the benefit of temporary living quarters for applicants' parent, while preserving and protecting the character of the! neighborhood and the health, safety, welfare of the community. RESOLUTIONIACTION: On motion by Member Collins, seconded by Member Tortora, it wi;ls RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: L .. .-. - - - , I 1. The. exterior structural appearance of the garage shall not be altered. 2. At no time shall any person other than applicants' rnoth €l"OccupytheHving. quarters in the garage, and this authorization shall termin'ate upon termination of her occupan<:y. 3. Upon term illation of the elder Mrs. Sclafani's .qcqupan(:}', thekitchen,fasilitje? shal.1 be removedintheirentirety. . ... . O. ..' 4. If not earlier terminated in accordance with Condition 2 above, this author~ation will . terminate on the fifth anniversary of the date of th!~Re$oltltiq;1provided,ho\('Je\(er, that if applicarts' mother is still in oc<:upi;lncy aHhat timeVAPplicant shana.Gvise the Board each year thereafter, in writing, of the status of the ocC\i.lpi;lncy for a pqssibleextension of time for such occupancy by applicants' mother. VOTE OF THEBOARp: AYES: MEMBERS GOEHRINGER, DINiZIO, TORTORA,COLL1NS.{Men,ber Horning ofF:ishers Island was absent.) ThiS R ution wag:ulyadopted( 4-0). JAM DINIZIO, GHA MAN PRO TEM Fili gabout 8/4/99 . APPEALS 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 Lara S. Collins ZBAFax (516) 765-9064 George' Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl,No. 4719 - JOSEPH YACCARINO 1000-108-3-11 STREET & LOCALITY: 21605 Main Road, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 15tOOO sq. ft. in area with 100 ft, frontage along the north side of Main Road and 150 ft, along Wagon Wheel Lane (to the east), . atCutchogue; .. Ttle prQpertyis improved with a dwelling and accessory frame garage, located partly in the easterly front yard. BASIS OF APPLICATION: Building Department's May 24t 1999 Notice of Disapproval citing Article !IIt Section 100-33 of the Zoning Code with respect to location of a proposed 10ft. by 14 ft. accessory shed in the easterly yard area at approximately 11 feet from the easterly property line (23 ft. from Wagon Wheel Lane) AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance to locate a 10 ft. by 14 ft. accessory storage shed in the front yard area at a minimum of 11 feet from the easterly property line and at least 70 feet from the southerly front property line (along the Main Road). An irregular line of hedges and shrubs Sl:para.te Wagon Wheel Lane from the applicanrs property. The accessory "chicken coop" structure will be demolished or removed from the front yard area. (No other areas are noted in the May 24t 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspectiont 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 property contains two front yards as determined by the Bqilding Department. The proposed storage shed will be located 23 feet from Wagon Wh@el Lanet of which approximately 12 feet consists of hedges and shrubs that j will buffer from view the shed from Wagon Wheel Lane. Although the proposed location of the storage shed would not be in conformity with the letter of the Town Codet' the Zoning Board of Appeals finds that the location will meet and/or exceed the required rear yard.. ProvisionS regulating accessory structures. Therefore, grant of this variancl;! will have no adverse impacts on the neighborhood, -----< --"~---.._-- - -,,----~_._._._-_..- Pag~ 2 -July 29, 1999 ZBA I\ppl. No. 4719 - Joseph Yaccarino parcell000,-lOS- 3-11 at Cutchogue 2~ ,The benefit sought by applicant cannotbe'Cl'chieved by some method, feasible for appellant to pursue, other than an area variance,beCausetheprovisions the provisions ,of the Town Code which were applied to determine that applicant's property hastw? front yards, automatically limit the size of applicant's rear yard area, which is theonlycorifohning area in which the accessory structure could be located without a variance. 3. The requested are~,varianc~is not substantial. 4. The proposed variance Will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district,. ~qausethe accessory shed location conforms to the code required setbacks for accessory"Strutturesin what would typically be considered a large conforming rear yard area. ' ' In considering thisapplicatiOrl, the Board deems this, action to bethe minimum necessary and adequate to enable~he applicants to enjoy the benefit of a new accessory storage building, while preserving and protecting the character of the neighborhood al1dthe health, safety, welfare of the community. RESOLUTION! ACTION: On motiOO by MemberTortora, secpndec\byChairmi3nGoehringer,it was RESOLVED, to GRANT, the v(iriance, as applied for. , VOTE OFTHEBOARcD: AYES: MEMBERS GOEHRINGER, OINIZIO,~ORTORA,COLLINS. (Member Homing of Fishers ISland was absent.) This Resolution was duly adopted (4"0). . . Q(7~ 9:~;.-. .Ir- .... JA, ESDINIZIO,Jlj?-i,i CHAIRMAN (PROT6M) For Filing about 8/5/99 - " ~ ~PEALS 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 Lara S. Collins ZBA F~(516)765"9064 George Horning Telephone (516}765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF JULY 28,1999 App/. No. 4721-V and 4720-SE - WIWAM and KRISTIN VONEIFF PARCEL: 1000-45;-4-5.1 (Current Owner: Franken) STREET & LOCAUTY: 74605 Main Road, Greenport DATE OF PUBUC HEARING: July22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The. property is located in the B General Business Zone District and is. a 23,396.09 sq. ft. lot with 100 ft. frontage along the northerly side of Main Road (S.R. 25) Greenport. The May 19, 1970 survey prepared by R. VanTuyl, L.S. for former owners, George H. and Madeline L. Huber,.shows a 1-1/2 story and one-story block dwelling with attached one-story shop, accessory garagenearthe center ofthe property and a small accessory structure in the rear yard. BASIS OF APPUCATION5: A. Special Ex~eption under Article X, Section 100-101B(5) for a single-familv dwellina use in an existing building; and B. Variance from Zoning .Cocfe Section 100-102, Bulk Schedule, to allow single-family dwelling use in conjunction with a permitted business use on this 23,396+- sq. ft. parcel, based upon aNQtice of Disapproval dated June 14, 1999 which states: "ProPOSed. prQject is in a.B Zone, one-family dwelling uSe requested was pre-existing nonconfonnin~ that has. lost its status pursuant to Article XXIV, Section 100-241G which states: ...whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed. to a higher classification or to a conforming. use, ~nything .in this Article to the contrary. notwithstanding, . the nonconforming use of such :'building or premises shall no longer be. permitted unless a variance therefor shall have been granted by the Board of Appeals. One family dwelling use is currently a Special Exception use in the B Zone (Section 100-101B~lS).Pursuant to Article X, ?ection 100~1O2, Bulk; Schedule requires 30,000 sq.. ft. per business use, one- family dwelling' use listed as N/A." I, (No other C1reas are qotedin.the June 14,1999 Notice of Disapproval) . - '-- ~ Page 2.- July 28,1999 ZBA AppI.No.4720cSE and 4721 - W. VonEiff ~ Parcel 1000-45-4-5.1 at Greenport REASONS'PORBOARD ACTION: After hearing testimony and making personal inspection of the property, the Board has considered the General Standards set forth in Code Section 100-263, and finds and determines that: Special Exceotion Reasons. described below: A) The use will not prever)t the orderly and reasonable use of properties in adjacent Zone Districts. In connection with tris consideratiorl,the Board satisfied itself that applicants understand that the surrounding properties are zoned Business and will continue to be used accordingly. B) The. use will not prevent orderly and. reasOFlable~Sei)fpermitted or legally establIshed uses in the Business District wherein the proposed use isto be located, or of permitted or legally established uses in the adjacent use districts. C) The safety, health, welfare, comforticonvenience,and the order of the town will not be adversely affected by the proposed use and its location. D). The proposed us~iS in h;3rmony with and will promote the genefalpl.Irposes .andintent of the z:oning Code; . 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. F) The proposed dwelling will be readily accessible for fire and police protection. The Boarcl has also reviewed other matters to be considered relating to Special Exteptions set forth yoder Code SectionlOO-264 and finds that f1C) adverse consequences will result from the proposed I.Ise. Area Variance Reasons for Board Action. described below: 1. Gtcmtof. the area varia~ce will not prOduce an. undesirable change in the character of the neighborhood ora dep-irnent to nearby properties because the buildings had previously been used .for tWo separate uses.. 2.theb~nefit sought by applicant cannotbe achieved by somefTlethod, feasible for appellant to.pl.lrsue, other than an area variance ~cause the land size is preexisting- r)qnconformif'l9. 3. The requested area varianceisnClt substantiaL 4. No evidence has~en submitted to show that theproposeO deck extension woyld have an adverse effect or impact. on the physical or envir6nmentalconditionsinthe:neighbOrhood or .cr ... j Page 3 - July 28, 1999 ZBA; Appl. No. 472o-SE and 4721 - W. VonEiff ~ ParceI1000'4S+S.1 atGreenport .~.... - "'. district. 5. The difficulty has not been self-created. In considering this. applic;ation, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a sign business in conjunction with owner's' residency. in thee~istingprincipaI building, while. preserving. and protecting the character of the neighborhoOd andthe health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRAm the. variance and special exception, as applied for. VOTE OF THE BOARD: . AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was. duly adopted. (4-0). (Member Horning of Fishers Island was absent.) JAMES DINIZIO, JR. CHAIRMAN PRO TEM For Filing on or about 8/6/99 ----.~-~_.,~_."