Loading...
HomeMy WebLinkAboutZBA-03/04/1999 SPEC fir " I ~LS BOARD MEMBERS ) Southold Town Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD I MINUTES THURSDAY, MARCH 4, 1999 SPECIAL MEETING A Regular Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday. March 4. 1999 commencing at 7:00 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. 7:03 p.m. Chairm~n Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: SEQRA Determinations. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to DECLARE the following SEQRA status on the following applications: Appl. No. 4653 - W. Mulrain. Setback. Appl. No. 4656 - J. Kollen. Setback. Appl. No. 4657 - D. Heffernan. Setback. Appl. No. 4661 - E. Violett. Setback. Appl. No. 4643 - J. Mesloh. Setback. 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). ~ * * * ,II AGENDA ITEM II: DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. II , 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: 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. ~ II II II II III II, Page 2 - Minutes March 4, 1999 Special Meeting Southold Town Board of Appeals 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. 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). Appl. No. 4654 - DR. M. GORENKOFF. RO Zone/Spec. Exc. for Professional Office. Main Road, Mattituck. Appl. No. 4656 - JOSEPH KOLLEN. Deck/Rear yard. Southold. Appl. No. 4659 - WILLIAM GREMLER. Kraus Rd, Mattituck. Addition to dwelling. portion of addition over 20% lot coverage limitation of the zoning code. Appl. No. 4657 - R. HEFFERNAN. Deck/bulkhead setback. Southold. Appl. No. 4661 - ELLEN VIOLETT. Pool/bulkhead setback. Cedar Beach Drive East, Southold. Aool. No. 4649 - APPEAL OF B.1. DECISION bv PLANNING BOARD. (Drossos site and pOSSible Town-Wide Interpretation). 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. AGENDA ITEM III: UPCOMING MEETING CALENDARS: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize advertisement of the following applications for public hearings to be held THURSDAY, MARCH 25, 1999 commencing at 6:30 pm: Appl. No. 4660.lt - EMPIRE GAS AND CONVENIENCE SALES STATION. Main Road, Greenport. "B General Business" Zone. Special Exception (pending receipt of map and wetlands information). Appl. No. 4662.jd - MOTLEY and RUSHIN. Possible subdivision. Lot size variances, each with an existing dwelling building; also request for access over proposed Lot #2 instead of access from town street. (Await PB review/input regarding new project.) Appl. No. 4663.lt - FRANK MIRCHEL. Rear yard setback. Addition at Yennecott Dr, Southold. Page 3 - Minutes March 4, 1999 Special Meeting Southold Town Board of Appeals Appl. No. 4664.lc - LUSTGARDEN/TAVANO. Lot coverage and frontyard variances. Old Orchard Lane, East Marion. New dwelling. Appl. No. 4666.lt - JOYCE BARRY. Garage location front yard at West Cove Road, Cutchogue. Appl. No. 4667 and 4670.lc - J. SICA. Front yard variance. Bulkhead setback variance. ROW off s/s Main Road, East Marion. Appl. No. 4668.jd - SOUTHAMPTON LUMBER. Pending reviews. Main Road, Mattituck. Appl. No. 4669.lt - GERALDINE FEREND. Lot Waiver, Cutchogue. Appl. No. 4671 - HENRY L. FERGUSON MUSEUM. Nonconforming use. Proposed extension of building. Fishers Island. Carryover from 2/23. 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). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). AGENDA ITEM III, continued: The Board members discussed the following new reviews briefly tentatively set for the HEARINGS CALENDAR OF THURSDAY, APRIL 22, 1999: Appl. No. 4665 - FRANK RAYNOR. Accessory Apt. Spec. Exception. 3370 Wickham Avenue, Mattituck. Appl. No. 4672.jd - DOUGLASS AND DOROTHY ROSE. Side yard setback. 500 Maple La, Southold. Appl. No. 4673.lt - HANS LANG. Shed location. Laughing Waters, Southold. Appl. No. 4674.lc - STEPHEN FRIEDMANN. Combined side yards for proposed addition. 2140 Deep Hole Drive, Mattituck. Appl. No. 4675.jd - HUGHES AND HULME. Relocate existing dwelling with greater (insufficient) setbacks from bluff and maintaining side yards at 1330 Salt Marsh Lane, Peconic. Appl. No. 4676.lt - ALBERT PALUMBO. Side and bluff setbacks for proposed deck at 1095 Aquaview Avenue, East Marion. Appl. No. 4677.gh - JENNIFER SCACE. New dwelling at 32 feet from easterly property line (part front and part side yard) at N/s East End Road, Fishers Island. * * * Page 4 - Minutes March 4, 1999 Special Meeting 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 8:35 p.m. Respectfully submitted, ~~~. L nda Kowalski 3/9/99 Confidential Secretary / I , I I M I R ~; {j r:' !.; \'/ - Town Cl"""'k T .. . .....~, CVlln of "~outL. ]1 I _~.Lt~_.,?_._~ -'-.. ~,...._- f:'l -_ ~ 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 Lpr~ S..Collins ZBA Fax (516) 765-9064 George Horning TelephOne (516)765-1809 BOi\RD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 4, 1999 Appl. No.. 4659 - WILLIAM AND MARYANN GREMLER. STREET & LOCALITY: 375 Kraus Road, Mattituck. 1000-122-5-6 DATE QF PUBLIC HEARING: February 23, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the northerly side of Kraus Road, Mattituck and consists of 15,500+- sq. ft. of land area. The applicant's sketch (site plan) shows an existing single-family dwelling and accessory swimmingpool located in the rear yard. The footprint of the dwelling is shown at 2,159 sq. ft. and the existing pool at 880 sq. ft. BASIS OF APPEAL: The Building Inspector's January 20, 1999 Notice of Disapproval, under Article III, Section 100-30A.4 for the reason that addition would exceed the 20% lot coverage limitation under the Bulk Schedule of the Zoning Code. - AREA VARIANCE RELIEF REQUESTED: The applicants are proposing an 8 ft. by 56 ft. addition at the rear of the dwelling. The addition would not extend past the existing 10.5 ft. side yard and will add 460 square feet of newlot coverage, for a total of 3,499 sq. ft. The 20% code limitation is 3,116 sq. ft. The overage is 383 square feet, or 22.5%. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Grant of the area variance will not produce an undesirable change in the character of neighborhood or a detriment to nearby properties because this will only result in an increase of 2.5 percent over the code limitation of 20% for lot coverage. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the land is limited in size at 15,500 square feet. The requested area variance is not substantial in relation to the code requirement representing approximately two percent. No evidence has been submitted to show that the requested addition will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The alleged difficulty has not been self-created and is related to the preexisting size of the property and the limitations of the code. In considering this application, the Board deems that the grant of approximately two-percent Page 2 - March 4, 1999 +iooo.122-5-6 (Grem1er) Southqld TOWI'lBo~rd of Appeals variance o~383 sq. ft. of added building area to be the minimum necessary and adequate to preserve and protect the character of the neighbQrhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On rnotionby Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the ".ariance .asaDDlied fur. Vme OF THE BOARl):WS'R1NGER, DINlZ!... ..... TORA~Member H~;ng of Fishers Island was absent-excused.) ,/ . '----V ... . ~ . ~ /' GERARD P.GOEHRINGER CHAIRMAN For Filing 3/8/99 - " -{I f ..; APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SPECIAL MEETING OF MARCH 4,1999 Appl. No. 4654 - MILES D. GORENKOFF. D.M.D. Parcel: 14216 Main Road, Mattituck 1000-140-3-26.2 Zone District: RO Residential Office Date of Public Hearing: February 23, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located along the north side of the Main Road (a/k/a NYS Route 25), .in Mattituck and is zoned Residential-Office. The lot is vacant with a total lot area of 401000.83 sq. ft. and lot width (road frontage) of 100.12 feet. BASIS OF APPLICATION: Southold Town Zoning Code, Chapter 100, Article VII, Section 100- 71B(2) for permission to establish Professional Office Use as the prindpal use. APPLICANT'S REQUEST: The proposed 1600 s.f. principal building is planned with a front yard setback at 52 feet from the front property line (bordering existing concrete side walk). The easterly side yard setback is proposed at 15 feet. Site elements such as parking will be determined by the Southold Town Planning Board as provided under the site plan regulations of the Zoning Code. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: - A) This Professional Office Use will not prevent the orderly and reasonable in this Residential Office Zone District and adjacent districts. B) This Professional Office Use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The proposed ProfesSional Office Use is in harmony with and will promote the general purposes and intent of the code; -~ , ~ , Pag~ 2 - Appl. No. 4654 tJ ~"' Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting E) The use is compatible with its surroundings and with the chpracter of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In makingthisdeterrnination, the Board has also reviewed the following considerations and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Professional Office use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. There is no evidence to show that the I.ocation of the proposed use and entrances and exits would create vehicular traffic congestion on public streets, highways or sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this office use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. - F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of professional offices will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. 1. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the.property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a professional office business. J. The use and the building to be used therefor will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate arid adequate for this professional office use. ~ ,. Page 3 - Appl. No. 4654 " ",. Dr. M.D. Gorenkoff : March 4, 1999ZBAMeeting L. The use is l'1otul'1reasonablynear to a church, school, theater, recreational area or other place of public assembly. M. The site Of the proposed use is particularly suitable for professional offices. N, .Noeyidence has .beenpresented to show that there would. be any detrimental impact to adjacent properties and land uses. O. Adequate provision . has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and . liqUid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the. application as applied for, SUBJECf TO THE FOLLOWING CONDmON: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the - . rear yard property line. The evergreen plantings shall be permanently maintained. 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). //~~ // . GERARD P. GOEHRINGER v CHAIRMAN For Filing 3/8/99 ----.---- .. ~. ,....., AP.PEALS BOARD MEMBERS ~.i V. -.. - . So\1th(\td.lOwrLHall Gerard P. Goehringer, Chainnan 53095Malll Road James Dinizio, Jr. P.O. Box 1179 Lydia A Tortora Southold, New York 11971 Lora S; Collins ZBA F%W~}65-9064 '<Jeorge Honiing Telephone(5~P)'765-1809 BOARD OF APPEALS TOWN OF SOurnOLD FINbINGS, Df;UsERATfOIt; AND QETERMtNATION MEEfING oF'MAR0I4i'1999 Allpl. Nq.~fi57 -.. RICHARJ) AND DEBRA HEFFERNAN. PARCEL 1.0110" $0..;1-:411;'1.'" f:;.J'~I!t~O<:ALtIY: ,.5.!l(j \Nest sl)ore Drive, Southold DATE OF 'PUBt.IC.HI:AR.rNG: Febru~ry 23, 1999 . FINDiNGS OF FACT PR~PERTVFAgrS(I)ESCRIPnON: The st,lbject (JIWerty is located along theOOrtherly side of west Shore.DriWl, SoUlIOOld. The~urveysubmitted with this appliCation ~hol"lS an existing single- family dwelling and slTlall~isijngde!:k (3'by 6' pillS steps) on the east side of the dwelling. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval, under Article XXIll, Section 100-239.48 ,for therea5l:ln that the propqsed deck addition is. less than 75 feet frolTl existing bt,llkhead. AjiEAVARlANCERElIEF REOU~STED: Proposed is a new deck 15' by 33' long with a setback ,at 40 feet (from the bbttom st:ep)from the limber bulkhead at its closest point. ~~NS FoR~ARD ,l\CT!oN. DESCRIBED Bl'loW: ,'(3rant pft~area variancei.willnot llroduce an undesirable change in character of neighborhood or a ~~flttQ..~arPX p~9JlE!rties because the deck additiOn is similar in size and location to other decks eiijbyed~ypidp~Ity'owners in the area. Thebenefttsought )byth~appllcant cannot be achieved by some method, feasible for applicant to pursue, other than.an area varianCe because the property is small (12,486 sq. ft.) and narrow (65 ft.) waterfront lot. The requested . area variance is subst.antial in relation to the code required 75 ft, setback from bUlkheads.. 'HOWl!V~r. the existing footprint of the house is 55 feet from the bulkhead and the deck addition would increase the degree of nonconformity by only 15 feet, which is not substantial, The difficulty has been ~-created and is due to the applicant's desire to enjoy a waterview, Page 2 . March 4, 1999 Appl. No. 4657: 1000-80+48.1 (Heffernan) Southold Towneoard of Appeals TheproposEfd variances will not have an>aq'JerSe effect or impact on the physical or. enVironmental conditions in the neighborhood or district because the addition is located at a sllffident distance from the bulkhead and is further protected by. the presence of a beach area seaward of the bulkhead. In conSidering this application, the Boardfincl?thatthe relief requested is the minimum necessary and adequate to preserve and pr9tec1: theCl1qracter of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by r:i1ember Di[\iziO, it was RE:'SOLVED, to GRANT the variance as applied for, SUBJECTtothef9!lovyin9CPNDITIONS; 1. The deck shall remain unroofed and \\opento the sky." 2. Tbere shall be no further extension ofthestructlJre toward the bulkhead. GERARD P..GOEHRINGER CHAIRMAN For Filing 3/1W99 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 Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBS~tIbNSAND DETERMiNATION MEETING OF MARCH 4, .1999 AppLNo. 4656 - JOSEPH H.KOUEN. Parcell000-78-3-S0.2 STREET & LOCALITY: .1010 Hiawathas Path, Southold DATE OF PUBLIC HEARING: February 23,1999 RNDINGS OF FACT PROPERTY. FACTS/DESCRIPTION: The subject property. is a corner lot with. frontage along the northerly and easterly property lines with Hiawathas Path, Southold. The property is improved with a single-family dwelling and small metal shed, shown on the October 23, 1998 sUlVey prepared by Young & Young, L.S. BASIS OF APPEAL: October 27, 1998 Building Permit application, and Notice of Disapproval issued by the Building Department December 16, 1998, for the reason that the proposed deck does not meet the 35 ft.. minimum setback from the rear property line as provided by Article XXIV, Section 100-244B. (No other reasons were noted in the Notice of Disapproval.) - AREA VARIANCE REUEF REOUESTED: To construct a 12 ft. by 14 ft. open deck addition 20.4+- feet from the westerly (rear) property line and 21+- feet from the southerly (side) property line. REASONS FOR BOARD ACTION. DESCRIBED BELOW: After considering the testimony and record presented and personal inspection, the Board makes the following determination: 1. Grant of an area variance will not produce an undesirable change in character of neighborhood ora detriment to nearby properties because the lot has two front yards, each larger than the remaining rear yard on a lot with 15,000+- sq. ft. in size. 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 westerly (rear) yard setback for the dwelling is nonconforming at 27+- feet and there is no other land area available. 3. The requested area variance is not substantial being an open deck extension proposed in the westerly (rear) yard approximately six (6) feet. 4. No evidence has been submitted.to show that the grant of the variance 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 the dwelling and lot have existed with setback nonconformities. Page 2 - March 4, 19999 Southold Town Board of Appeals Appl.No. 4656: 1000-78-3-50.2 (Kollen) In considering this applicatiOn, the Board deems a~ix-foot extension past the westerly side of the dwelling for an open deck is the minimurTI necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTIONlACTION: On motion by Member Dinizio,seconded by MemperTortora, it was RESOLVED, to GRANT the variance as applied, with the CONDITION that the deck rernain open to the sky, unroofed and unenclosed as applied. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, TO ,Fishers ISland was absent.) This resolution uly . , , J 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 Lora S. Collins ZBAFax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 4,1999 Appl. No. 4609 - MARY MURPHY PARCEL 1000-73-2-3.3 STREET & LOCALITY: 9206 (ROW off) Bridge Lane( Cutchogue DATE OF PUBLIC HEARING: January 21, 1999 FINDINGS OF FACT PROPERTY FACTSlDESCRIPTION: The. subject property is a vacant 41,419 sq. ft. parcel fronting along the Long Island Sound in CUtchogue. the setback from the front property line to the top of the bluff is shown by the surveyoI:' to be approximately 127 feet. Access to the subject parcel is over a private right-of-way which extends from the northerly end of Oregon Road. // BASIS OF APPEAL: The Building Inspector's August 14, 1998 Notice of Disapproval( under Article XXIIl( Section 100-239.4 due to the setback at less than 100 feet from the top of the bluff on LOng Island Sound. (No other reasons for variances are noted in the Notice of Disapprova1.) AREA VARIANCE. RELIEF. REOUESTED: Applicant is requesting permission to. locate a proposed dwelling with a setback at 42 feet at its closest point to the top of the bluff. determined by John Co Ehlers( Land Surveyor on a survey map Iast-dated 4-27-98. The footprint of the proposed dwelling is shown to be 60 ft. wide by 40 ft. deep with a setback from the front property line at 50 feet. INFORMATION AND EVIDENCE: The Zoning Board held a public hearing on this matter on January 21, 1999 at which time written and oral testimony was presented. Based upon all the testimony( documentation and other evidence, the Zoning Board finds the following findings of facts to be true and relevant: 1. Applicant seeks permission to construct a house 42 feet at the closest point from the top of the bluff( with a 50-root front yard setback from a private right-of-way known as Bridge Lane Extension. 2. Suffolk County Soil and Water Conservation conducted a site inspection of the property( and in an October 16( 1998 letter to the Board of Appeals stated: "the edge of the bluff top is unstable." . , ''it-,- Page 2 - March 4. 1999 Appl. No. 4609:1000-73-2-3.3 (Murphy) SouthOld Town Board of Appeals ''there' is no Toe Stabilization qr IipstabiHzation presento('l thislot..The bluff face is mostly bare...and rills or small gullies are on the bluff face, most likely due to the loamier soils sloughing Off from above, eroded by each rainfall...." 3. The Soil and Water Conservation District recommended that the toe of the bluff be stabilized and suggested that ''the size of the house be decreasedandlor plac:;edcloser to theright~of-way road." 4. Steve Maresca of Maresca Associates, an engineer and coastalexpert,subrnitted photos of the bluff area and testified that the slope of the bluff. is steep, 77 feet high and subject to "active erosion"Which would "spread to thewest and to the east affecting the neighbor" unless vegetation was installed on the slope C!nd bluff and a bul.khead installed. He also testified that heavy machinery andequipmentcould further undermine the bluff area. ~. By way of attorney, applicant agreed to reduce the front yard setback from 50 feet to 36 feet in order to locate the proposed house .further \Jack from the bluff. 6. In considering this application, the Board finds thatthe relief requested in NOT the minimum - necessary and adequate to preserve the protect the character of the neighborhood, and the health, safety and welfare of the community. REASONS FOR BOARD ACTION. DESCRIBED BELOW: 1. Gralltofalternativesetbackvariances will not produce an undesirable change in character of neighbQrhoodor a detriment to nearby properties because the reduction in front yard setback will increase the setback from. sensitive bluff area from 42 feet to 61 feet. No evidence was presented to suggest that it would affedthe private right-of-way. 2. The benefit sought. by the applicant can not be achieved by sqme method, feasible for appellant to pursue, other than variances, because the Town Code reqUires a 50.foot front yard setback, and a 100-foot setback from the top of a bluff, which leaves a small building envelope to construct a dwelling on this property. 3. The variances are substantial in relation to the code requirement. 4. Theallegeq difficulty has been self-created in part due to the large ~ize of house the applicant originally proPOsed, but the difficulty is also related to nature of the property, its slope and contours, and the limited building envelope on which to build a house. 5. The. proposed variC!nces will . not have. an adverse effect Or impact on the physical or environmentfl ,conditions in the neighborhood or district because the proposed dwelling will be set ------_.,,- - ~- . , "iJ Page 3 -March 4,1999 . Appl. No. 4609: 1000-73-2-3.3 (Murphy) Southold Town Board of Appeals Qack rnychft.J1therfrqmthe topofthe Qluff from houses to the east and west of this property which will help prevent erosion of the entire bluff area. RESOLUTION/ACTION: . Therefore,. on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the followioa minimum Alternative Relief: A. The proposed dwelling shall be set Qack 61 feet at its closest point from the top of the bluff; and B. The proposed dwelling shall be set back 35 feet from the front yard property line, SUBJECT TO THE FOLLOWING CONDmONS: 1. The Applicant shall comply with the recommendations of the Soil and Water ,. Conservation District with respect to the stabilization of the toe and the face of the bluff, as outlined in its October 16, 1998 letter to the Board of Appeals. 2. There shall be a Restrictive Buffer placed on the entire 61 ft. seaward side of the dwelling to prevent. disturbance of the land between the top of the bluff and the house. The "RESTRICTIVE BUFFER" shall begin .at the house location and towards the bluff and: a. No trees or Qrush shall be removed, except that dead or fully rotted trees or stumps maybe removed if necessary by hand. No heavy machinery or equipment shall be used. Applicant shall obtain approval of other agencies having jurisdiction of these areas before removal of any trees, stumps, etc. b. Ground cover brush may be removed between the house and half-pOint mark of rear yard, or a rear Yi.'lrd setback of 30 feet from the top of the bluff towards house, whichever is more restrictive. c. Grass or ground cover can replace brush to an extent of no more than 30 feet seaward of the house,. or hi.'llf of the rear yard area of the house, whichever is more restrictive. Replacement of ground cover may not be altered with anything more than a hand-held self-propelled Rototiller. This machine may not penetrate the surface of existing grade any more than six (6") inches. Replacement of soil by heavy machinery is prohibited. Existing grade must be maintained. d. At no time may owner-applicant-contract vendee or others alter or remove existing ground cover. seaward of dwelling within 30 ft. buffer. (This is the area that is adjacent or contiguous to lip of bluff.) This area must be maintained at all times. ._-.._------~-,-". ,. -----._~- . ~ . Page 4 - March 4, 1999 , Appl. No. 4609: 1000-73-2-3.3 (Murphy) Southold Town Board of Appeals e. At no time are any buildings or structure? permitted within the 61 ft. rear yard (land between the house and the bluff). VOTE OF THE BOARD: GOEHRINGER, PINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island wasabsent~excusecl.) This Resolution was duly adopted (4-0). /GERARD P. GOEHRIN CHAIRMAN For Filing 3/10/99 -- . ~~.,-_._.-. "_.._.~~ -'----- ('W.-r. ~ APPEALS BOARD MEMBERS Southold Town Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. To~ora Southold, New York 11971 Ura S. Collins ZBA F~ (516) 765-9064 Georg~'l!orning Telephone (5.16)765-1809 BOARDO:F APPEALS TOWN OFSOUTHOLD FINDINGS, DEliBERATIONS AND DETERMINATION MEETING OF MARCH 4,1999 App!. No. 4649 - PLANNING BOARD OWNER:TFG ACQUISmONCORP. PARCEL 1000-45-1-12 STREET & LOCAliTY: 60465 Main Road, Greenport DATE OF PUBUCHEARING: January 21,1999; February 23, 1999 FINDlNGSOF FACT PR.OPERTY FACTS/DESCRIPTION: / The subject property is located in the Limited Business Zone District containing approximately .32 ofcu'lacre.. The property is improved with a brick-faced frame building, with storage and refrigerator space attached at rear, and a connecting seasonal snack bar and game room, making a total structure of about 6900 sq. ft. At present, the area formerly used as a restaurantisbeihg used as a gift shop, and the area formerly used as a bar and cocktail lounge iSt:Jhused. In the past,.. the following' Certificates of Occupancy have. been issued of record: (a) #Z624 dated June 14, 1960 for anamusemententerprises,tardleryrange; (b) #3239 dated August 28, 1968 for a restaurant business building; (c) #1236 dated January 23, 1962 for "business property with accessory building"; (d) temporary #3055 dated April 22, 1968 for a restaurant business building; (e) Certificate of Compliance No. 1977-2 dated July 18, 1977 ifor Drossos Lounge for an.occupancy of 252, persons (232 auditorium and 20 Standees); (f) Pl,ace of Assembly Certificate (temporary) for a Lounge Establishment dated July 6,. 1990 for an occupancyof49 persons. BASIS OF APPEAL: The .ownersof tile subject property, applied to the Planning Board in May 1998 for a waiver of site plan approval for renovations to the property. . The owners stated that a "bar" was part of the renovations,.and were told by the PlanningBoardth~.c:I~ris nota permitted use .in the LB zone.0Ylners subsequently applied f?r site plan, approval. On NQvember 4, 1998, t,he head of the Building Departmeptsenta memo to the Planning . Board stating that: (1) the Building Department considered the project tobea renovation that would, among other things, add alcohol serviCe accesssory to food service; (2) alcohol service is a ~-"'_._-_.>, Page 2 - Appl. NO. 4649 ...""-t R~: plannillg Board Appeal (Drossos) ZI3A.p<<isionRendered March 4, 1999 . perl1'littedacceSsolY use at restaurants; anq (3)tl1eBuilding Department awaitedactiqn on the site plan before moving ahead on a building permit. In a memo from the Planning Board Chairman to the Zoning Board Chairman, dated December 16, 1998, the Planning Board asked this Board for an interpretation of the Building Departrnentdecision set forth in the November 4 memo, and stated the Planning Board'sViE;!w. that the renovations would result in a "drinking establishment" which is not permitted in the LB zone. In testimony before this Board on January 21, 1999, the Site Plan Reviewer, speaking for the Planning Board, stated that the Planning Board is appealing the Building Department decision that the proposed alcoholic beverage service is a permitted accessory use. This Board is treating this proceeding as .an appeal of the. Building Department decision regarding alcohol beverage service as a permitted accessory use. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) This Board received testimony from: (a) the Planning Board, in the form of the. December 16 memo referred to above and testimony. at the Janljary 21 hearing; (b) the BUilding Department, in the formofa January 20 memo froltltt1eheqdoft/1e[)epartrrl~n~and/1iS personal testimony at the January 21 hearing; (c) the owners of the subject property; and (d) the owners' architect. Board rtlembers 'also visited the property. (2) According to testimony received, the PlanningBoarci determinationthat.the proposed renovations will result in a non-permitted use rests on the use of the terms "bar" and "tavern" - in communications by the propertyownersrtheir advertisement of an upcoming "lounge," and - . the allocation in the renovation . plans ofsubstantialspa~etoabar; danceflooranc;l Small tables. (3) The CocIein section 100-13 defines "restaurant" asa placeV\lhere fopclisCOmmer~ial'y sold for on"'premises consumption, and ~'accessory use" as a usecl.l~rnarilyincidental and subordinate to the main use on a lot. This .Board agrees with the Building [)ePClrtment that "accessory. service ofalcQl1olic beverages is common to restaurants .in town" (memo of N~verTlber4, 1998).. The Board. notes that the owner!) of thE;! subject property, iq a I~tter to the Planning Board received December 2,1998, stated their intentionto'~ndthe food service to a. full-service restaurant. .. (4) The proposed ..renovationsat the subject propertYE;!xi$1: only on paper, and . there is insuffiCient con~rete evidence to determine how therenovi3t!;<:lestPblishmE;!ntwill ap:ually be operated. The Board concludes that it does not have an a(jequate baSisloovem.ilethe c;lecision of the Building Department set forth in the memo of November 4. Theaoardi!19te$that if in actual operation the renovated establishment appears to., beservingalcoholicbeveragE;!s as a primary use, the normal p~of Code enforcementWOl,l'dbeexpeP:~to!stol;><sl.lcl1."'se. i:/;ir :.. " Ol'lh1iOtibn by'Member <EbllinS,5eCOndedby'MemherQinizilDj'itwas . .;/< .p.# Page.t -<Appr. No. 4649 . Re: Planning Board Appeal (Drossos) ." ZBA Decision Rendered March 4, 1999 RE$OLV6DtoDENYthePlanning Board's appeal ofthe Building Departmentdecision that theservi.ce of alcoholic beverages contemplated in the renovated est.ablishmentis a permitted. accessory use. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLUNS. (Member Homing of Fishers Island wasabsent-excu~d.) This Resolution was duly adopted (4- 0). ~ . v/;r- GERARD P. GOEHRINGER / · . CHAIRMAN For Filing 3/8/99 ,-_____"liL-,--_' ,~ . CD (') , .. APPEALS BOARD MEMBERS """,/ Southold Town Hall . Gerard P. Goe1uinger, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A Tortora Southold, New York 11971 Lor. S. Collins ZBAFax (516)765-9064 George,Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATlONS AND DETERMINATION SPECIAL MEETING OF MARa-t 4, 1999 App!. No..46'i4 -cMAruA TRUPIA PARCEL 1000-78-1-10.20 STREET & LClCALrtY:. 1395 Sleepy HOnow Lane, SoUtholtl Lot #14, MilP. of Sleepy Hollow, Filed Map No. 6351 DATE OF PUBliC HEARING: January 21,1999; February 23, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's 34,531 SQ. ft. lot Is located along Sleepy Hollow Lape with fi>li:itagealong Goose Creek, Southold. The February 10, 1998 survey prepared by Peconic; surveyors, ~.c. s)1ows an existing slngle-famlly dwelling with a northerly side yard at 15 feet from.lhe dwefting, and .'the "as built" porth and step area which is the subject of this variance requeSt. The size of the porch and step area Is shown on the building permit application !Xl be 6 ft. by 11 ft., leaving a. setback distance of 9+- feet from the northerly side property line. A survey prepared by Pecomc ,surveyors revised 2./20/99 confirms the exact size of the raised stoop to be 5.5 ft. by 12.3 ft, plus the 30 Sq. ft. (eastertislde) step area. BASIS OF APPLI~TlciN:: Building Inspector's November 20, 1998 Notice of Disapproval, Article IlIA, Section 1Q().'3oitla. The "as built" entry stoop addition does not meet the 15 ft. setback for an R-40 Zone DJ5i:nct arid'ericroa<:hes. six (6). feet in!Xl the side yard. , , ' ",," CODE EXCepHPN: Sectiop 10ll-230C(2) provides an exemptiQll for a roofed over b\lt unenclosed project In the !/IatYrei ~f an eiitry Of portico, not more than six feet wlde and extending not more than five feet out ff-Oin thtj front wall of the buUding. . r',RE~,VA{lIIliI;J~E $i~:U;F ~l;OI,lEsn;Q: Applicant requests a reduction in the required side yard setbad<;'from 15 reetto 9 feet.fot a 5.5'ft. x '12.3 ft. "as built" entty stoop addition (plus the 30 sq. ft. easterly step area which is exempt from !he setback requirements). OPPOSITION, It is' noted that the attorney for the neighbor of land to the north of the stoop area submitted objections, all Of which have been fully considered by the Board. REASONS F(}R ~~ t\CTION. DESCRIBED ~~PJty~. )?~~.,O(l',~~~~~C:lnY and record beforetj1eiBoard, and personal Inspection, the Board makeS h'efi:1lloWlng findmgs: -'-'---'"_.~,.." --'--'- Page2- Appt No. 4644 100098"1--1Q;20 (Trupia) March 4, 1!}99 Determination 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 98 (total) sq. ft. stoop area meets the same setback which is allowed under sect.ion .100~230D. 2. The ben~fit sought byapplicCiht cannot be achieved by some method, feasible for appellant to pursue, other than an area vCiria~cebiecalJse there is a ramp constructed for handicap access and the stoop allows safe turning area at th~,tbp oftherCimp before yntering/exiting the dwell~ng. 3. THe requested area variance is hot sUbstantial.represeh~ingapproximately 98 sq. ft. of additional access area. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physi~lqr environmental. conditions in the. neighborhood or c\istrict. In considering this application, the Bbard deems thegrallt of ti1is variance to .l:le theffiinimum necessaryiflndadeqlJateto~nabl~ ~pplicaJlt to enjoy the penefit of a newhandicap~try, while preservil)g and prot~ngthechar!3cterof the neighbQrhClodand. thehralth, safety, welfare of thn community. . . . \ y ~ . - . R.ESOI..UnONl ACTION: onmotibnbyMemberDinizio, seconded by Member CqUins, itwas That a row.of3 ft.t05 ft. hiah trees be planted ~19nqth~ ~o~erlvside orooertv .line for a lenath of 24 feet. to wit: 6 ft. before step area. plus 12ft. for steo Ienath. olus6ft. after. vOTiE:..9fTHi:BQAR.i): . AYES: . MEMBERS GOE (Member HOrning of Fishers Island was absent- ERAR[)P .G()EI-I~NG. Filing on311P/9~ I . L,,_---'-'--",'_C.___-'-----"---_,CC__.,---'- ---.....-.....----. , ~.. t APPEALS BOARD MEMBERS Southold Town Hall . Gerard P. Goehrirtger, 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 Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION SPECIALMEETlNG OF MARCH 4,1999 Appl. No. 3426- ALEX AND STEPHANIE VILLANI 1000-68-4-10.1 STREET & LOCAUTY: Private Right-of-Way over lands identified on the County Tax Maps as #1000-68-4~19 and 201 and 1000-69-1-1.3. North Side County Road 48, Peconic. DATE OFPUBUC HEARING: December 10, 1998, January 21,1999, Febru- ary 23, 1999. FINDINGS OF FACT PROPERTYFACTSfDESCRIPTION: The applicants, Alex and Stephanie Villani, are Contract Vendees of property owned by Gerald Doroski and are proposing to build a single-family dwelling on a parcel identified on the County Tax Maps as 1000-68-4-10.1 (approx. 11 acres). New York Town Law section 280-A provides minimum access standards be determined by the Town Board of Appeals before a building permit is issued for a single-family dwelling on a lot which does not front on a Town Street or Town Road. The applicants have submitted a map prepared April 18, 1985 by Roderick VanTuyl, P.c. for the Owner, Gerald Doroski, showing the location of rights-Of-way to the subject property . The beginning point of the right-of-way is shown on the 1985 survey commencing at a point approximately 1800 feet east of Mill Road, along the north side of County Road 48, in Peconic. The right-of-way extends north a length of 1500+- feet and then turns; easterly, for a distance of 202+- feet to the applicant's 10.9-acre parcel. The width of the right-of-way is not determined by surveyor deed to the best of the applicants' knowledge and information furnished. The right-of-way traverses land identified as 1000-68-4-20 now or formerly of Noncarrow; land identified as 1000-69-1- 1.3 formerly of Gould, now. of the Suffolk Courity Water Authority; and land identified as 1000-68-4-19 now or formerly of Guild. For record purposes references on the April 18, 1985 survey for separate Parcels "One" and "Two" were for a subdivision in 1985 proposed by the owner-Doroski. The -....-. -~--~~-~. ._.~--- " l . ij>ii>age 2 - March 4, 1999 ZBA Appl. No. 3426 - 280A (ROW) Re: A Villani 1000-68-4-10.1; 1000-69-1-1.3; 1000-69-4-19 applicants-Villani are proposing a single-family dwelling and related building(s) rather than a subdivision.at this time. (Any subdivision .application would be reviewed at a future time with all jurisdictional agencies.) BASIS OF APPLICATION: New York Town Law, Section 280-A and Building Inspector's Notice of Disapproval dated October 8, 1985. AREA VARIANCE RELI-=F REQUESTED: Applicants request a Variance under New YorkTown Law, Section 280-Aestablishing the minimum construction standards necessary for vehicular access to a future single-family dwelling and accessory buildings. REASONS FOR BOARD ACTION: After consideratIon of the entire record and testimony at the public hearing, the Board finds that traveled portions of the right-of-way are "non-existent" in the area required, and therefore extensive improvements are necessary to construct the same for vehicular access. RESOLUTION I ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOl.VED, to GRANT a variance, as requested, under New York Town Law, Section 280- A for access to a new Single-family dwelling at premises identified as District 1000, Section - 68 Block 4 Lot 10.1, SUBJECT TO THE FOLLOWING CONDITIONS AND CONSTRUCTION SPECIFICATIONS: 1) Before issuance of any building permit and before issuance of a Certificate of Occupancy fOr a single-family dwelling, the following specifications and improvements shall be complied with as a minimum for the following three right-of-way areas (Areas defined as A, Band C below), shown on the April 18, 1985 survey prepared by Roderick VanTuyl, P.C: Area A is defined as the beginning section which is the most stable excluding the deep cut and is the narrowest portion of the right-Of-way; Area B is defined as the excavated area, including the ramp on hill that leads to the depression or greenhouses, and the open, un-vegetated area. This area needs the greatest amount of stability. Area C is defined as the vegetated or grass part of the right-of-way. The area needs much improvement. A. All Right...of-WayAreas (A, B & C): Establish a clear, unobstructed width of 15 feet for the entire length of the right-of-way areas, and a clear overhead height at least 13 feet from ground. ~-.,~~_.~..,~ O~_'<'.~_.__.'_._~-C-C__. ;:--~~-'''";~_'=" -'~'-"_'~"O'~._'~m"""'___r'''_'_"'~_'_''''_______~_~_,._-o....-.-__~,.....-,.:,.,.._.._._.._'c=.__._ "'___.__..._..._~_ < !ilage 3 - March 4, 1999 . . ' .cijZBAAppl. No. 3426 - 280A (ROW) Re: A. Villani 1000-68-4-10.1; 1000-69-1-1.3; 1000-69-4-19 B. Area A: Improve first 150+- feet in length to a width of 15 feet,by. scraping existing grass and reshape. Also apply. 2 inches of 3f4" stone blend, compacted, to a 15 ft. width, with a minimum height clearance overhead at 13.feet. c. Area B: Stabilize ramp by. constructing a 3 ft. high retaining wall at base on East Side with 6' x 6" railroad-lal'1dscape ties (CCA quality), and stabilize remaining ramp with plantings or appropriate ground cover on slope. Run singlerow of railroad ties a distance of open area to north on to the . extent of greenhouse area along East Side of applicant's right-of-way. (purPOse~. separateright-of~wayfrom greenhouse parkinglat and stabilize improvements). Ties should create a 15ft. width in this area, fora distance of 200 to 250 feet. Excavate 15 ft. wide, to a depth 6" at base, and replace with 6" of bank run containing 10 to 20% stone content and 20 to 30% loam. TOp With 4 inches of 3f4" stone blend. Right-of-way.. and. greenhouse parking area shall not co..mingle. D. Area C: At a point where ties end and grass right-of-way. begins (past open greenhouse area), clean, remove grass and excavate virgin soil 15 ft. in width to a depth of 6 inches, and replace. with 6 inches of bank run containing 10 to 20% stone content and 20 to 30% loam content. Then top with 4 inches of compacted stone blend for entire remaining distance to applicant's proposed driveway. Right-of-way. area shall be cleared a full 15 ft. in width. E. Applicant shall send a letter to this Department indicating that all of - the above has been completed, at which time all sections of right'of-way.are subject to inspection and acceptance. No building permit or certificate of occupancy shall be issued until the right-of-way. has been inspected and accepted in writing by the Chairman (and one member of the Board of Appeals) as to meeting the above construction standards. F. The right-of-way. must be maintained in good condition: at all times. 2) That in the event the right-of-way. description as shown on the 1985 map is not proper, for legal or other purposes outside the jurisdiction of this Board, then this variance will have no effect. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COlliNS. (Member Horning of Fishers Island wasabsent-exOJ~ Resolution was duly. adopted (4-0). -0 //' 4---- ~ GE RD P. GOEHRINGER / CHAIRMAN /. For Filing 3/8/99 --~.,' -'-T'^_ --,- --=~-=-=-~""':C'"'-:'=~'~=,:--:'=c--~:~_"_:."..,:~~_ :,' ._~_ ----~._.~._--~-- --~_.~- -..--.---- APPEALS BOARD MEMBERS So:utholdTown Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold. New York 11971 Lora S.Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,. DELIBERATIONS ANODI:II:RMINATION MEETING OF MARCH 4,t999 Appl. No. 4661 - ELLEN VIOLE"lT. ,. .. PARCEL 1000-90-2-17 STREET & LOCAUTY: 650 Cedqr Point Drive East, Southoldl NY; DATE OF PUBUC HEARING: February 23, 1999 FINDINGS OF FACT PROPERTY,FACTS([)ESCRlPTION.: .... The applicant's property is. known as Lot. #105 on the Map .of CedarBeClchParkat?Oufrjold with a total area 9fapproximately 27,000 sq. ft. . The pr9pertyhasalqtwid~ of.l00.45 feet along the southerly Side ofCeclar Point Drive East and average depth ofapprojdmately 270 feet. The. survey sUbmitted with the application shows an existing single-family dwelling located 130+- feet from the frol'\tProperty line, a \Alooden'5l:airway located at the top of the southerly bank, and wood bulkhead along the bottom of the bank long the beach area. - . BASIS OF APPEAL: The Building Inspector's February 2, 1999 Notice of DisapproVal, under ArticleXXI~IfSe.ctipnl00-239.~~ for the reason that the proposed ingrollnd swirnrningpool with fence enclosure as located in the rear yard would be lessti1an 75 feet from the existing bulkhead. AREA VARlANCE RElIEFREOUESTED: . Applicant request$. a.varianceautilOrizil19 placement !-.' ,"..,..'-;., ,;:..:. ,. ..;" .,,', . ,. --,:.-"'1",,' ""'''>"1'''''' 'C"--,' .- Y..';"; .j...:- .:- '.c:......,...' ....., .. .' " -. ,--,' ,.' ; .' ~ ofa16x34 ft.poQlinthe' rear yard, With the closest edge of the pool located 35 feet from the bulkhead, 12 feet from the house, and 15 feet from the side property line. Atthe hearing on February 23, 1999r applisant's~presentative stated that applicant would agree to placing the pool doserto the houSe. . Applicant has stated thatthe.4-footwide deck around the pool will be builtat grade; it will therefore notfigure in the setback calculations. Fencing .Will$urrol.lnd tl1e pool area as required by New York state Building Code. Decking is prqposed ar()und ti1ePp9l,at g~d~or flush with the ground (s~definitions: Patio in the Zoning Code for exemption frofn ~ck requirements). REASONS FOR BOARD ACTION. DESCRIBED BELOW: REAS()NS .~~i~~1~9~,P~~~ BELOW: On the basis of testimony presented and personal inspection, the B(>c!rd mClkes.the following findings: (l).Applic;antp~nf.edEWideticethat she has a medical need to swim regularly, and she statect ti1at~wimP1ing.in : the baY below the. house has become Impractical. Applicant's lot is narrow and the front portIOn. -frontthehouse to the road -Iswooclecl and sloping. Thus, the _.~_._~,.."."..~~~"..~..-.,,, -----'--'--. .----_.--~-- ---<".----~~-~~-~r -------." _'__"T.~~"'_____T ~---- ' , Pag~ 2- Mardl 4,1999 ApPI.#4661:1OQO-9Q-2-17 (VIOlett) - Sol@OIclIownBoardofAppeaIs only practical location for~.con"entionally-shaped pool is, inth~rear yard, where it will necessarily be less than 75 feet from the bulkhead. . (2) No evidence was presented to suggest that grantoftherequ~ed variance wilL have an adverse effector impact on physical or environmental. conditions. (3) In terms of section 100-239.46, the requested variance is substantial~ as it would allow a setback of 35 feetfrom thebulkheadratl'lerthan the required 75 feet. However, the Board notes that the house itself is only about 58 feet from the bulkhead. (4) Applicant's rear y~r~ is ~II screened from then,eighboi"iQ9pr9pertieS,and no obj~OI'lS to mepoolhave..~nheardfromneigh!Jors.secauseof the privateness Of the location,a pool located in the rear yard will not procluce~nundesiral:ll~9l'lange inth~<;tl~r~cter of the neighborhood or detriment to nearby properties. However, the Board concludes that it is desifCIbletoplacethepool~sfarfrom the bul~l'1eCId as poS?ible. j -:. , / / (5) The action of the ~rdsetf()rth belpytis therrtinifl1Ufl1nece~aiy an,d.aejequ(ite to enable applicant to construct a pool while preserving and protecting the' character of the - - . . n~igl'lbomCJ9Cla!'1dtt)~rea\tq,. safety and we,lfare ()fmecoll'lmunity, ;im:$QLQ1jONIA~IJ.ON:> 9rl~otion byM~mbe~ Collins,second~byMernberTprtora, it .was RESOLVED,. to, DE,NY the variance as applied fotand to GRANT . ALTERNAT1\fELV a ,vaQan~ilutbori;zingCOllstrUQ:ion of a,PQolasdescribed,1Q,the appli~tion,: th~s~~~r~edge ; .. )",,"_,_~: " .... ": ,_:.. .. i.. ; I. ....",:,', .. .' .. .. .. .,.. ',',:.>J ;.,., .. .. ..' : ': .. : ::". .." .... .." .... .. j; -. -'.' "," _I":' ", ,'" ..: .... .. ."...... .'- '," .. :: e. ," -, ',-'...... ..... .:"" . '.: .... :" . >"':' ....... ".: of whicll~\1aII~. :~PCil~il' :~east 39!f~~tfrornth~."U~~~cf' .. Stjbjectto:tl'l~f,()119wing CONDmONS: . . . . . ..... ..... . .. (1) ~nYHcI~~~g ~.round the (X>OI shall~built[atgrad~ andb~nor110~ethan fou~ (4)Jeetin widF/1;and . . ,. . . (2) the pool's <;!rainage shall be led toward the road and nQt towatd the saY. ," "'.' . " ...... . .:."', ..': !; VOTE OF THE BOARD: GoEHRINGER., DINIZIO, TORTQRA, and CQLLINS. (Me~ber Harring. of Fishers Island wasabsent-excused.) GERA!ROP;'GOefiFUN . . cHAIRMAN f;il~ on 3110/99 ~"" .l,'>~l;;h '..:;) :-::;::" _ _ ~MU__;"~___'-----'-' f,/J(~p~ 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 TOWNOFSOUTHOLD FINDINGSt.[)EUBERATIOtllSAND.DETERMINATION SPECIALMEr:nNGQFMAR-CI;i 4,1999 Appl. No. 4658 - JEANNE SWEET BARTOS 1000-67-7-14 STREET & LOCALITY: 18Z0MiII. Road, geconic DATE OF PUBUC HEARING: February 23, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property contains a total area of 9,357 sq. ft., with 100 ft. frontage along the north side of Mill Road, Peconic. The property is improved with a single~family dwelling and accessQIY shed storage building as shown on the September 22, 1998 survey prepared by John C. Ehlers, L.? BASIS OF APPEAL: The Building Inspectpr's two January 7, 1999 Notices of Disapproval, under Article XXIII, Section 100-239.48 and Article XXIV, Section 100-2446 for the reason that total lot coverage limitation and setbacks from bulkhead will not be in conformity with the Zoning -- .' Code, for a proposed addition to dwelling and "as built" 10' x 14' deck. AREA VARIANCE RELIEF REOUESTED: Applicant proposes to expand an existing house. Initially, applicant also requested approval of an "as built" deck measuring 10 ft. by 14 ft. At the February 23, 1999 hearing, and in correspondence from the applicant's architect dated February 25th and March 1, 1999, applicant indicated that the deck will be removed and thus should not be counted in the lot coverage calculation. According to the figures submitted by applicant's architect, lot coverage including the proposed house expansion but without the 10x14 deck is 19.8%. Consequently, no variance is needed with respect to Code. Section 100-244B, and applicant's request is solely for a variance allowing the house addition to be set back 23 feet from the bulkhead at the closest point (the northeast corner). The northeast corner ofthe existing house is 27.6 feet from the bulkhead. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Because the lot is shallow, applicant requires a setback variance in order to make any meaningful addition to the house. Even after the expansion, the house will be small in size and consistent with nearby dwellings. Grant of the setback variance will not change the appearance of the property In a way. that would produce an undesirable change in the. character of the neighbortloodor detriment to nearby properties. (2) The requested variance Is not substantial because the part of the proposed addition that extends beyond the long-establlshed house setback of 27.6 feet Is a triangular segment of only about 30 sq. ft. ---~"------""."-_.._., .,.~------~...._".-.-._,--' - ---' --~~--. ",---_._~~--~--~ "---'._..-..."._--'. -- ~_..,-~..- Page 2 - Mard14, 1999 Appl. No. 4658: 1000-67-7-14 (Bartos) Southold Town Board of Appeaf$ (3) There are no factors presentto5uggestthat grant of the requested variance will have an adverse effect or impact on phySical or environmental conditions; (4) The grant of the requested. setback variance is the minimum action necessary and adequate to enable applicant to expand the existing house while preserving and protecting the character of the neighborhoocl<;lndthe health, safety and welfare of the community. RESOLUTION I ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance.. authorizihg..construction of an <;ldditionas described, with a minimum setback of 23 feet at the doseStpointtothebulkhead. VOTE OF THE BOARD: GOEHRlNGER, DINIZIO Fishersls.land was absent and excused). T . esoluti c RARD P. GQEHRINGER / CHAIRMAN For Filing 3/10/99 / . -- .'