HomeMy WebLinkAboutZBA-11/18/1999APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 18~ 1999
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (5.16) 765-9064
Telephone (516) 765-1809
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,
NOVEMBER 18, 1999, commencing at 6:30 p.m. in the Town Meeting Hall.
Present were:
GERARD P. GOEHRINGER, CHAIRMAN-MEMBER
JAMES DINIZIO, JR., MEMBER
LYDIA A. TORTORA, MEMBER
GEORGE HORNING, MEMBER
LORA S. COLLINS, MEMBER
LINDA KOWALSKI, ZBA SECRETARY
6:30 p.m. The Chairman called the meeting to order and proceeded with the first order of
business, as follows:
I. PUBLIC HEARINGS: Legal notices were read for each of the following hearings. A written
transcript of the hearings has been prepared under separate cover (also filed with the Town
Clerk's Office for reference purposes):
6:33 p.m. Appl. No. 4755 - EDWARD V. WETZEL. This is an application (1) requesting relief from
ZBA Condition #1 under Vadance Determination rendered July 27, 1972, Action No. 1597
(Grathwohl and Pugsley) which states that there shall be seasonal occupancy only in cottages on
th th
Lots #lA, #-5 and #8; the season to run from March 15 through November 15 (eight months); and
(2) requesting a Variance under Article XXIV, Section 100-244 for total lot coverage over the code
limitation of 20% for a proposed addition to existing dwelling without approval of the Board of
Appeals under the provisions of the Ordinance to allow an additional 21 to 31 sq. ft. Property
location: 35 Second Street, New Suffolk; 1000-117-10-20.4. Mr. Wetzel appeared and spoke in
behalf of his application. Speaking in favor of the application was Mr. Frank Brophy. Also speaking
at the hearing was Fred Hulse (former ZBA member regarding the prior variance of record). At the
end of the headng and after receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Tortora, to close (conclude) the hearing. Vote of the Board: Ayes: All (5-0).
This Resolution was duly adopted. (Please see written transcript of hearing prepared separately.)
6:57 P.m. CANCELLED HEARING ANNOUNCEMENT: The Chairman announced that the
public headng with regard to the application of Southampton Lumber Co. will not be held due
to lack of Notice for mailings and posting of a sign by applicant under Southold Town Code,
Chapter 58.
Page 2 - November 18, 1999 Minutes
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
6:58 p.m. Appl. No. 4750 - R. RIBAUDO. Variance for bluff setback for proposed pool. Location
of Property: 1920 The Strand Way, East Marion; 1000-30-2-56. Resolution from 10/14 calendared
this hearing session. R. Schaeffer, Builder and Mr. and Mrs. Ribaudo appeared and spoke in
behalf of their application. At the end of the hearing and after receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Tortora, to close (conclude) the hearing.
Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. (Please see written
transcript of hearing prepared separately.)
7:01 p.m. Appl. No. 4759 - MARYANN SEWELL. This is a request for approval of Waiver of Lot
Merger under Article II, Section 100-26 of the Zoning Code. The December 20, 1996 Building
Department Notice of Disapproval states that: "under Section 100-24A(1) the lots in question SCTM
#1000-51-6-36 and 38.1 were created by deed prior to 6/30/1983 and conform to the minimum lot
requirements set forth in Bulk Schedule AA as of the date of lot creation. The lots in question are
located in an R-40 Zone. Under Section 100-25A, Lot 1000-51-6-38, area of 29,661 sq. ft., has
merged with adjacent lot 1000-51-6-36, area of 1.6 acres as they have been held in common
ownership at some time since July 1, 1983. Street Locations: 1935 and 2255 Mill Creek Drive,
Southold, NY. D. Doty, attorney for the applicant, spoke in support of the application. At the end of
the hearing and after receiving testimony, motion was offered by Chairman Goehringer, seconded
by Member Horning, to close (conclude) the hearing. Vote of the Board: Ayes: All (5-0). This
Resolution was duly adopted. (Please see written transcript of hearing prepared separately.)
7:11 p.m. CANCELLED HEARING ANNOUNCEMENT for SOUTHAMPTON LUMBER CO.
application: The Chairman announced that the public hearing with regard to the application of
Southampton Lumber Co. will not be held due to lack of Notice for mailings and posting of
a sign by applicant under Southold Town Code, Chapter 58.
7:12 p.m. APPLICATION WITHDRAWN: Appl. No. 4685 - VINCENT TORRE for a Variance
under Article III, Section 100-31C(2) to convert use of accessory barn to retail sales of owner's
art and a gallery for public viewing in this Agricultural-Conservation (A-C) Zone District, at 100
Sound Ave, Mattituck; Parcel 1000-120-3-1. Motion was made by Chairman Goehringer,
seconded by Member Dinizio, to grant applicant's request to WITHDRAW his application.
Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted.
7:13 p.m. Appl. No. 4760 - S. and S. VITOLANO. This is a request for a Variance under Article III,
Section 100-33 based upon the September 7, 1999 Building Department Notice of Disapproval, for
the location of a proposed accessory two-car garage in the southerly side yard area (instead of the
required rear yard). Location: 435 Meadow Beach Lane, Mattituck; Parcel 1000-115-17-17.23. Mr.
Vitolano spoke in behalf of his application and confirmed only electric is proposed as a utility. At
the end of the hearing and after receiving testimony, motion was offered by Chairman Goehringer,
Page 3 - November 18, 1999 Minutes
Southold Town Board of Appeals
seconded by Member Tortora, to close (conclude) the hearing. Vote of the Board: Ayes: All (5-0).
This Resolution was duly adopted. (Please see written transcript of hearing prepared separately.)
(The Board Clerk changed tape to side l-B)
7:20 p.m. RESOLUTION (CANCELED OF PUBLIC HEARING): SOUTHAMPTON LUMBER
CO., Appl. No. 4723. On Motion offered by Chairman Goehringer, seconded by Member
Homing, the following was adopted:
RESOLUTION
WHEREAS, in reviewing the record at the commencement of deliberations under Appl.
No. 4723, Members of the Zoning Board of Appeals raised questions and found that
answers were not in the hearing transcript or written record;
WHEREAS, it is the position of Board Members that the applicant should be given an
opportunity to provide and to clarify information with regard to questions under Appl.
No. 4723,
WHEREAS, action to move forward with a Decision was not attainable;
WHEREAS, on October 14, 1999, a Resolution was adopted to reopen the hearing of
Appl. No. 4723 and calendar same for a public hearing to be held November 18, 1999
for the purpose of giving applicant an opportunity to provide sufficient information
needed to clarify the record;
WHEREAS, said hearing was advertised as required by New York Town Law and
Chapter 58 of the Code of the Town of Southold, with the date, time, place of the
hearing, and description of the project; and proof of said newspaper publication has
been received;
WHEREAS, the Applicant was given notice of the hearing and was requested to
comply with Chapter 58 of the Code of the Town of Southold;
WHEREAS, Applicant by its Attorney has confirmed that they "will not participate" in a
hearing process scheduled for November 18, 1999 and that Notice was not completed
by Applicant (for certified mailings or posting of a sign at the subject property) as
required under Chapter 58;
NOW, THEREFORE, BE IT RESOLVED, that the November 18, 1999 hearing is re-
calendared to the January Regular Meeting of the Board, January 13, 2000, and after
applicant has furnished Proof of Notice as required by Chapter 58 of the Town Code of
the Town of Southold for the January Hearing, publication of the Legal Notice shall
Page 4 - November 18, 1999 Minutes
Southold Town Board of Appeals
follow as required by law; and if Notice is not complied with, the Board on its own
motion, may render a Decision.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS, and
HORNING. This Resolution was duly adopted (5-0) and shall be filed with the Office of
the Town Clerk.
PUBLIC HEARING, continued:
7:21 p.m. Appl. No. 4761 - RICHARD POGGI. This is an application requesting Variances
based upon the Building Department's September 23, 1999 Notice of Disapproval, under
Article XXIV, Sections 100-242A and 100-244B, Article III, Sec. 100-33A.4 and 100-33B.1; for
the reason that "... Existing structures are nonconforming on this lot in an R-40 Zone by virtue
of the existing setbacks and present lot coverage." The lot coverage is proposed to exceed
the present lot coverage nonconformity (increase from 25% to 29.9%); the setback for the
proposed addition to the principal building is one foot, more or less (instead of the code
requirement of ten (10) feet); the setback proposed for the addition to the accessory structure
is two feet (instead of the code requirement of three (3) feet). Location: 1740 Village Lane,
Orient; 1000-24-2-18. P. Moore, Esq., R. Brown, Architect and Mr. Mudd, carpenter, spoke in
behalf of the applicant. Board Member(s) questioned application document which referred to
bedroom and sleeping quarters, and asked the applicant to return to the Building Department
after making the same request and obtaining a Notice of Disapproval for the "use" issues in an
accessory building. The Notice of Disapproval and building permit application to the Building
Department did not include a request for bedroom and sleeping quarter's use for the
accessory garage building. (Please see written transcript of hearing prepared separately.).
At the end of testimony, motion was made by Chairman Goehringer, seconded by Member
Collins, to continue the hearing on Tuesday, December 14, 1999. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
PUBLIC HEARING, continued:
7:50 p.m. Appl. No. 4749 - L. WINDISCH. (Continuation of hearing). Variance regarding
proposed arrangement of building and change of use from non-habitable to habitable/sleeping
quarters in an existing accessory building.) Location: 1375 Pine Neck Road, Southold; Parcel
No. 1000-70-5-39. P. Moore, Esq. and Mr. and Mrs. Windisch appeared in behalf of the
application. (Please see written transcript of hearing prepared separately.). At the end of
testimony, motion was made by Chairman Goehringer, seconded by Member Horning, to
confirm the hearing closed and concluded. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
APPLICATION WITHDRAWN: (Note: Resolution from 10/14 meeting had calendared this
hearing session.) Motion was offered by Chairman Goehringer, seconded by Member
Page 5 - November 18, 1999 Minutes
Southold Town Board of Appeals
Horning, to grant applicants' request to WITHDRAW Appl. No. 4724 - JOEL AND MAXlNE
HIRSCH for Variances based on the June 14, 1999 Notice of Disapproval: (a) insufficient
setback from top of the L.I. Sound bluff; (b) insufficient side yard at one side yard; (c)
insufficient total combined side yards; (d) building height.) Location of Property: North Side
of Private Road #11 extending off the North Side of Sound Avenue, Mattituck, NY; Parcel No.
1000-112-1-12. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARING, continued:
8:20 p.m. Appl. No. 4767 - WILLIAM KELLER, SR. This is a request for Variances under Article
III, Section 100-239. B and Article XXIV, Section 100-244B, for approval of existing rear yard deck
addition located at less than 75 feet from a bulkhead, and with total side yards at less than 25 feet.
Location: 1550 Sound Beach Drive, Mattituck; Parcel No. 1000-106-01-32. Mr. Keller appeared
with neighbor, Dr. Stanley Schindler in support of the application. Mr. Keller explained that the
bulkhead was built after the deck construction, and both were built in the 1960s, and decks exist at
the north side of both neighboring lots. At the end of testimony, motion was made by Chairman
Goehringer, seconded by Member Horning, to confirm the hearing closed and concluded. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
End of Hearings.
RESOLUTION: Motion was made by Chairman Goehringer, seconded by All of the Members,
Dinizio, Horning and Collins, recommending re-appointment of Lydia Tortora for a new five
year ZBA member term, with full support. Vote of the Board: Ayes: Goehringer, Dinizio,
Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the
Board.
RECOMMENDATION FOR CHAIRMAN'S RE-APPOINTMENT FOR 2000: All of the
Members offered full support for re-appointment of the Chairman, Gerard P. Goehringer, for
2000, and asked that a letter be sent to the Town Board recommending re-appointment as
ZBA Chairman.
III. DELIBERATIONS/DECISIONS: The Board deliberated on each of the following, and
rendered its Determinations as written in the attached copies, the originals of which are on file
with the Town Clerk for permanent record-keeping:
A. Appl. No. 4752 - K. Russo. Approved with condition.
B. Appl. No. 4759 - M. Sewell. Lot waiver granted.
Page 6 - November 18, 1999 Minutes
Southold Town Board of Appeals
C. Appl. No. 4767 - W. Keller, Sr. Approved with condition "open to sky."
IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES:
A. Code Committee Meeting: (none calendared on Town Clerk Bulletin Board).
B. RESOLUTION: Motion was offered by Member Tortora, seconded by Chairman
Goehringer, authorizing advertisement of the following Applications for Public Hearings
scheduled for Tuesday, December 14th, 1999:
6:30 p.m. Appl. No. 4766 - JAMES WHEELER. This is a request for a Variance under
Article XXIV, Section 100-244B, based upon the Building Department's October 18, 1999
Notice of Disapproval of a building permit application to construct a one-family dwelling with a
front yard setback at less than 40 feet and rear yard at less than 50 feet. This lot contains an
area of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road,
Southold, NY; Parcel No. 1000-59-3-7.
6:35 p.m. Appl. No. 4768 - GEORGE KALOGERAS. This is a request for a Variance
under Article XXIV, Section 100-244B, based upon the Building Department's October
26, 1999 Notice of Disapproval of a building permit application to construct addition to
enclose existing breezeway and attach existing garage as addition to dwelling. The
existing side setback of the garage is less than the code requirement of 15 feet, and
total side yards at less than 35 feet. Location of Property: Captain Kidd Estates Lots 48,
47 and p/o 46 (consisting of 36,911 sq. ft. in area), 900 Sound Beach Drive, Mattituck,
NY; County Parcel No. 1000-99-1-8.1.
6:45 p.m. Appl. No. 4770 - JAMES RILEY. This is a request for a Variance under
Article III, Section 100-33C, based upon the Building Department's updated September
7, 1999 Notice of Disapproval of a building permit application to construct a tennis court
with a front yard setback at less than 50 feet from the front property line. Fencing for the
tennis court is proposed at a height of 12 ft. Location of Property: 3600 Vanston Road
at Nassau Point, Cutchogue, NY; Parcel No. 1000-111-5-12.
6:55 p.m. Appl. No. 4773 - MARGUERITE AND JAMES SCHONDEBARE. A Special
Exception is requested for a Bed and Breakfast accessory use as provided under Article
Ill-A, Section 100-30A.2(B) (ref. 100-31B) for rental of not more than three bedrooms,
subordinate and incidental to the residency of the owners in this dwelling at 14580
Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-50-6-2.
7:05 p.m. Appl. No. 4769 - DOUGLAS MORRIS. This is a request for a Variance
under Article XXIII, Section 100-231, based upon the Building Department's October
21, 1999 Notice of Disapproval for fencing at a height of 10 feet, as an enclosure of
Page 7 - November 18, 1999 Minutes
Southold Town Board of Appeals
owner's tennis court structure, instead of the Code height limitation of 6.5 feet.
Location of Property: Private Right-of-way (Private Road #15), extending from State
Route 25 (Main Road), Orient, NY; County Parcel No. 1000-15-9-3.4.
7:15 p.m. Appl. No. 4765 - FRANK FIELD REALTY. In this proposal to locate a new
dwelling in addition to other dwellings on this 22,526+- sq. ft. lot, applicant requests
Variances from the Zoning Ordinance: (1) under Article Ill-A, Section 100-30A, to add
another dwelling on this 22,526+- sq. ft. parcel; (2) under Article Ill-A, Section 100-
30A, to remove prior ZBA Conditions set forth in Appeal No. 3303 issued February 14,
1985 which restricts the property from adding another dwelling; and (3) under Article
IliA, Section 100-30A.2(1), based upon the Building Department's August 27, 1999
Notice of Disapproval which reads as follows:
"Proposed construction of single-family dwelling not permitted pursuant to Article IliA,
Section 100-30A(1) which allows one-family detached dwellings, not to exceed one
dwelling on each lot. Proposed project is located on a lot that has an existing one-
family dwelling and a separate two-family dwelling (per ZBA #3303). In addition,
proposed structure has front yard setback of 22 feet and a side yard of 13 feet, lot is
nonconforming (22,524+- sq. ft.). Article XXIV, Section 100-244B requires a 40 feet
minimum front yard setback and a fifteen ft. minimum side yard setback."
The setbacks proposed for an additional dwelling on this 22,524 sq. ft. lot are less than
25 feet for both sides, and one side yard at less than 15 feet. (This notice is based on
the original application filed with the Building Department and Disapproved August 27,
1999 and does not include a request for a future minor subdivision or set-off division.)
Location of Property: Linnet Street and Brown Street, Greenport Driveway Park Lots 26
and 28, 59, and 60; County Parcel No. 1000-48-3-20.1.
7:30 p.m. Appl. No. 4761 - RICHARD POGGI. Hearing recessed to November 18,
1999 from tonight, regarding lot coverage and setback variances and possible
amendment to application in writing, before advertising deadline, to confirm written
request for sleeping quarters use in an accessory building (after filing accessory "use
request" with Building Department for issuance of appropriate Notice of Disapproval for
sleeping quarters).
7:40 p.m. Appl. No. 4771 - LEWIS EDSON (MARY KIRSCH, Contract Vendee). This
is a request for a Variance under Article XXIV, Section 100-244B, based upon the
Building Department's November 8, 1999 Notice of Disapproval for a permit to locate
dwelling with a setback at less than 50 feet from a private right-of-way shown along the
east side of the property. Location of Property: 9720 Main Bayview Road, Southold,
NY; Parcel No. 1000-87-5-24.
Page 8 - November 18, 1999 Minutes
Southold Town Board of Appeals
7:50 p.m. Appl. No. 4763 - JOHN AND MARY ANNE LUCEY (Mary Santacroce,
Contract Vendee). This is a request for a Waiver of Lot Merger under Section 100-26,
based upon issuance of a Notice of Disapproval by the Building Department in
applicant's request to build a dwelling on a substandard lot, for the following reasons:
A nonconforming lot shall merge with an adjacent conforming or nonconforming
lot which has been held in common ownership with the first lot at any time after
July 1, 1983... Subject lot is nonconforming and held in common ownership
with adjacent lot SCTM #1000-139-3-4.1 and 3.1.
Location of Property: 2850 Wickham Avenue, Mattituck, NY; County Parcel 1000-139-
3-6.1 consisting of 30,000+- sq. ft.; Mattituck Heights Lot Ref. No. 17, 18 and 19.
8:00 p.m. Appl. No. 4626 and 4662 - FAITH REFORM BAPTIST CHURCH (Peter
Jacques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of
persons for worship in meeting hall and office" and has applied for:
(A)
A Special Exception under Article IX, Section 100-91B(6) and/or
Interpretation under Article IX, Section 100-91A(12) Permitted Uses with
regard to use as an "Auditorium or Meeting Hall", and
(B)
Variances based on the October 14, 1998 Building Department's Notice of
Disapproval which states that the application for permit to occupy part of
an existing building as a house or ship is disapproved on the following
grounds: "(1) House of Worship is not permitted in an HB District pursuant
to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In
the HB District 20,000 sq. ft. is required for each use, Article IX, Section
100-92. This lot is approximately 21,500 sq. ft. and is occupied by one
tenant at this time, see attached site plan." Location of Property: 13000
Main Road, Mattituck, NY; County Parcel No. 1000-114-11-12.
8:25 p.m. Appl. No. 4764 - LOCKE McLEAN. This is a request for a Variance under
Article XXIV, Section 100-244, based upon the Building Department's March 24, 1999
Notice of Disapproval, and applicant's proposal to relocate and alter single-family
dwelling with a front yard variance rear yard setback at less than forty-five feet.
Location of Property: Oriental Avenue, Fishers Island, NY; County Parcel No. 1000-
10-10-5. (Please note: Map was amended about 9/99 eliminating need for front yard
variance and removing front patio.)
8:45 p.m. Appl. No. 4774 - D. CLAEYS BAHRENBURG. Applicant is requesting a
Variance under Article III, Section 100-30A.3, based upon the Building Department's
November 16, 1999 Notice of Disapproval for an as-built raised patio around swimming
pool, and with new construction reduces the existing lot coverage from 5,173 sq. ft. to
Page 9 - November 18, 1999 Minutes
Southold Town Board of Appeals
5,116 sq. ft. (23.6%, or 780 sf. over the allowable). Location of Property: 300 Private
Road #14, Orient, NY; County Parcel No. 1000-24-2-20.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS, and
HORNING. This Resolution was duly adopted (5-0).
C. RESOLUTION: Motion was offered by Member Tortora, seconded by Chairman
Goehringer, approving Minutes of September 30, 1999 and October 14, 1999 Meetings.
Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted.
D. The Chairman confirmed a preference for December 2, 1999 at 6:45 p.m. for a
Special Meeting for carryovers from tonight's agenda and other matters properly coming
before the Board at that time. Members Collins and Horning indicated they would not be
attending and were excused.
E. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member
Tortora, to authorize return of Lot Waiver application and refund of $150 filing fee, for the
reason that the lot was approved and grandfathered by lot size variances under ZBA No. 1485
(Szala) and #1486 (Peters) rendered January 1972. Vote of the Board: Ayes: All (5-0). This
Resolution was duly adopted. (The application was submitted with the Notice of Disapproval
by applicant's attorney, and then researched by ZBA Office.)
ASSOCIATION OF TOWNS MEETING RESERVATIONS: Member Dinizio asked for
day-time reservation for his attendance at Town Meetings, without charge to the Town for
overnight stay. The Chairman confirmed Member Horning would be attending two nights and
reservation had been arranged by the Town Clerk directly by Member Horning earlier (before
the meeting).
V. EXECUTIVE SESSION (none).
Pa'ge 10 - November la 1999 Minutes
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 9:15 p.m.
.//~R'~ s,~luti~n Adopted'~l 2/1/99
Approved for Filing
Decisions Attached (3)
Respectfully submitted,
/Linda Kowalski
~._~~~jj Clerk,~- Board of Appeals
aED BY
THE S ..... '~ ~,~
Town of $outholcl
;~d~PEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Jam~§ Dinizio, Jr.
.... Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEAI,S
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER/~. 1999
Appl. No. 4752 - MICHAEL and KATHRYN RUSSO
STREET & LOCATION: 775 OakwOod Road, Southold
DATE OF PUBLIC HEARING: November 3, 1999
FINDINGS OF FACT
1000-90-4-22
PROPERTY FACTS/DESCRiPTION: The applicants' property consists of 13,782 sq. ft. with 90 ft.
frontage along the east side of Oakwood Road, in Southold. The lot is improved with a 1-1/2 story
frame dwelling located 35+- feet from the front property line, confirmed by survey dated
December 18, 1978 prepared by Roderick Van Tuyl, P.C.
BASIS OF APPLICA-I~ON: Building Inspector's August 16, 1999 den al of app cants' request to
build an L-shaped addition in the front and at the side of the existing dwelling. The reason for the
denial was that Article XXIV, Section 100-244B which states that the front yard setback would not
have a minimum of 35 feet.
REI_IEF REOUESTED: Applicants request a Variance for a proposed front yard setback at 27 feet to
the edge of overhang, or 28.5 feet less the :18" exemption for overhangs by the Zoning Code. The
proposed deck addition is an extension of 5 ft. into the front yard, for a 30 ft. front yard setback.
The portion of the overhang which requires a variance is 18".
The applicant states that a 25 ft. front yard setback for a 10 ft. deck was never proposed.
REASONS FOR BOARD AC-~ON, DESCRIBED RELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
1. Grant of the alternative relief at 30 feet (for a five-ft, deck plus overhang allowance per Code)
will not produce an undesirable change in the character of the neighborhood or a detriment to
nearby properties. The deck is one-story in height, and a large portion of the section will extend
at the side rather than forward of the dwelling.
2. The benefit sought by applicant can be achieved with the alternative relief granted herein.
3. The grant of the alternative variance is nor substantial and represents 14.3% reduction from
the code's 35 ft. setback requirement (for a reduction from 35 feet to 30 feet) for a five-ft, deck
with roof.
4. No evidence has been submitted to show that the alternative grant of the location for an one- -
story deck would have an adverse effect or impact on the physical or enwronmental conditions in
the neighborhood or district.
Page2 - November~999
ZBAAp~.No. 4752 o RusSo
Parcel'S000-90-4-22
5. The difficulty is related to the layout of the buildings and land and is not self-created.
in considering this application, the Board deems this action to .be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a five ft. deck with roof, while preserving
and protecting the character of the neighborhood and the health, safety, and welfare of the
community.
RESOLUTiON/ACT[ON: On motion by Chairman Goehringer, seconded by Member O°~lins'it was
RESOLVED, to DENY the vadance as applied for, and BE IT FURTHER
RESOLVED, to GRANT alternative RELIEF for a five ft. deck with roof, subject to the roof overhang---
allowance {limitation) of the Zoning Code.
VOTE OF THE BOARD: AYES: GOEHRJ:NGER, DINIZIO, TORTORA, COLL/NS. (Member Homing of
Fishers Islancl ; .ao~tained. ) This Reso~uly adopt~--d (4-0_).
//- ·
." -GERARD P. GOEHR/NGE~, CHAI~VlAN
./' For filing 11/:L9/99
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Jame~s Dinizio, Jr.
~ -Lydia A. Tortora
Lora S. Collins
George Homing
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
BOARD OF APPEA!,S
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 18, 1999
Appl, No, 4767 - WILLIAM KELLER, SR, 1000-106-1-32
STREET & LOCATION: 1550 Sound Beach Drive, Mattituck
DATE OF PUBLIC HEARING: November 18, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION. The applicant's prope~y is a 11,342 sq. ft. parcel improved with a sinqle-
family one-story dwelling with the existing deck and accessory shed structure. The lot is a waterfront' lot
and has a road frontage of 50.23 ft. along the north side of Sound Beach Drive and 229.52 ft. depth along .~.
the east side and 224.16 ft. along the west side.
BASIS OF APPLICATION: Building Inspector's October 22, 1999 Notice of Disapproval disapproving
applic, ant's request for a building permit for the reason that the deck is 34.8 feet from the bulkhead at its
closest ix)int. Article XXIII, Section 100-239.4B (eft. 5/1985) requires a 75 ft. setback.
AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance for an "as built" open deck addition at
the rear of existing dwelling wh ch has existed for at least 30 years.
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 "as built deck addition" has existed in its present location for at
least 30 years with no adverse impact on the neighborhood.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an rea variance, because the house and deck were constructed prior to the Town Code's
requ rement that a structure be set back a minimum of 75 feet from a bulkhead.
3. The vadance is not substantial and represents a 11.8 ft. reduction in the existing nonconforming
bulkhead setback of the dwelling, which is 46.6 feet.
4. The proposed variance will not have an adverse effect or impact on the physical or enwronmental
conditions in the neighborhood or district because during the past 20 years the beach area between the
bulkhead and the high water mark has accreated at an annual rate of more than one foot per year,
according to U.S.G.S. Studies. According to the ]uly 12, 1999 survey submitted with this application, the
distance of beach area between the bulkhead and the high water mark is at least 95 feet. This 95-foot
buffer zone is more than sufficient to preserve the intent of the code regulation, and to protect the
environmental conditions of the area.
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 the existing deck, while preserving and protecting the character
of the neighborhood and the health, safety, welfare of the community.
Page 2 -November 18, 1999
ZBA Appl. No. 4767 (Keller)
Parcel !000-106-1-32 at Mattituck
~: On motion by Member Tortora, seconded by Chairman Goehringer, it was
RESOLVED, to GRANT the variance as applied for, SUB.1ECT to the CONDITION that the aeck remain
"open to the sky" (as built).
VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins72Horning, .ThisL, l?,esolution was duly
adopted (5-0) and approved for filing. '/ -) ~ '
GERARD P. GOEHRINGER, CHAIRMAI~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
~' Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
REGULAR MEETING
THURSDAY, NOVEMBER i8, 1999
Appl. No. 4759 - MARYANN SEWELL 1000-51-6-38.2 (ad/. 36)
STREET & LOCALITY: 1935 and 2255 Mill Creek Drive, Southold
DATE OF PUBLIC HEARING: November 18, 1999
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
FINDINGS OF FACT
PROPERTY FACTS: The subject prope¢o/(referred to here as Lot 38.1) is identified as county
Tax Map No. 1000-51-6-38.1. Lot 38.1 is substandard in size in the R-40 Zone, and the Town
Building Department has determined that it has merged with the adjacent lot identified as County
Tax Map No. 1000-51-6-36 (referred to here as Lot 36), which comprises approximately 65,688
square feet in area and 100 ft. frontage along Mill Creek Drive, Southold.
BASIS OF APPEAl: Notice of Disapprova dated December 20, 1996 for a determination of
merger, which reads:
Under Article II, Section 100-24A(1). The lots in question SCTM #'s 1000-51-6-36 and
38.1 were created by deed prior to 6/30/1983 and conform to the minimum lot
requirements set forth in Bulk Schedule AA as of the date of lot creation. The lots in
question area located in an R-40 Zone under section 100-25A. Lot 1000-51-6-38 area of
29,661 sq. ft. has merged with adjacent lot 1000-51-6-36, area of 1.6 acres as they have
been held in common ownership since July 1, 1983.
EI~J=~~.~: Applicant requests a Waiver, pursuant to Section 100-26 of the Zoning
Code, of Merger of nonconforming Lot 38.1 with conforming Lot 36.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
(1) Lot 38.1 was purchased in 1968 by Applicant's parents, Hans and Elizabeth Strauss,
who purchased an additional stdp at the east side in 1970 and merged same into Lot
38.1. Lot 36 was purchased by Mr. and Mrs. Strauss in 1971. Each Lot was held in
common ownership by husband and wife.
(2)
(3)
(4)
Mr. Strauss died in 1977 and Mrs. Strauss in 1996. Applicant has inherited both Lots
and now wishes to dispose of them separately in her own will. This cannot be done
because the Lots have merged.
The two Lots have been treated physically as separate properties. Lot 36, the large,
unimproved properly, has been left entirely in its natural state and is in no way
related visually to Lot 38.1.
Waiver of the merger will not result in a significant increase in the density of the
neighborhood because it allows the potential for the construction of only one single-
family home.
Page 2 - November 18, 1999
Appl. No. 4759 - Mar/ann Sewell
1000-51-6-36 & 38,1
was
(5) Waiver of the merger will recognize lots that are consistent with the size of lots in
the neighborhood. The unimproved Lot 36 is the second largest on Mill Creek Drive,
and the improved Lot 38.1 is among the largest.
(6) Waiver of the merger will recognize the original lot lines set forth in the oeeds
conveying the properties to Mr. and Mrs. Strauss.
(7) The vacant Lot 36 comprises 1.6 acres of rough woods abutting Arshamomaque
Pond. The Board understands that any future construction will be subject to
environmental review by appropriate authority.
(8) If the merger is not waived, the testamentary intentions of Applicant's parents, and
Applicant's own estate planning, will be frustrated.
RESOLUTION/ACTION: On motion by Member Collins~ seconded by Member Tortora, it
RESOLVED, to GRANT the lot waiver as applied for.
VOTE OF THE BOARD: AYES: GOEHRtNGER, DINIZIO, TORTORA, COLLINS, and HORNING.
This Resolution ~vas duly adopted (5-0) and approved for fl lng with-tCte-~own Glerk~
' GERARD P. GOEHRI~IGER ~.I
CHAIRMAN