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HomeMy WebLinkAboutZBA-11/03/1999 SPEC ¡ iii' .'j! ,¡ Iii II Ii :11 II. Iii , ·.R< ¡!J: ;~',--ðf¡ì APPEALS BOARD MEMBERS \?(.~. Gerard P. Goehringer, Chairman JamesDinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town HalF' .. 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTH OLD MINUTES SPECIAL MEETING WEDNESDAY, NOVEMBER 3, 1999 A Special Public Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Wednesday, November 3, 1999 commencing ~t 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora Collins, Member Linda Kowalski, Board Secretary Absent was: George Horning, Member (out of state) 6:30 p.m. Chairman Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: 1. SEQRAreviews: Possible Unlisted Action: Appl. No. 4582 - A. Yuzbasioglu (Owner R. Schroeder). The Members discussed steps involved for the pending application and confirmed review of consultant's response, Parts I and II of LEAF and a possible designation of Unlisted Action status was discussed. The Members agreed that no further SEQRA steps would be taken at this time for the pending request to "Reverse Decision of the Building Inspector." However, it was noted that SEQRA reviews and steps will commence in the event a Use Variance application is submitted. Motion was made by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED to adopt the following SEQRA determinations: Type II Actions (setbacks, lot-line variances, accessory uses) VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning , ~ Page 2 - Minutes Meeting held November 3, 1999 Southold Town Board of Appeals was absent.) This Resolution was duly adopted (4-0). Motion was made by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED to confirm the following: SEQRA Type II Actions: Appl. No. 4759 - MaryAnn Sewell. Lot Waiver requested, 51-6-36 (adj. 38,1). 1935 and 2255 Mill Creek Drive, Southold. Appl. No. 4760 - S. and S. Vitolano. Garage proposed in side yard either at location shown, or possibly 12 ft. back maintaining same side yard shown. 435 Meadow Beach Lane, Mattituck. Appl. No. 4761 - Richard Poggi. Lot coverage and setbacks at 1740 Village Lane, Orient. Appl. No. 4762 - Chris Hattan and Faith Reform Baptist Church (Landowner: P. Jacques). Variance requested as to insufficient lot area for second principal use at 13000 Main Road, Mattituck. 1000-114-11-12. Appl. No. 4763 - John and MaryAnne Lucey. Lot Waiver requested. 113-3-6.1 (adj. 3.1), Mattituck Heights, 2850 Wickham Ave, Mattituck. Appl. No. 4767 - William I. Keller, Sr. Setbacks of "as built" deck (20-30 yrs. éxisting). 1550 Sound Beach Drive, Mattituck. II. PUBUC HEARING: The following public hearing was held, at· which time testimony was taken. (Please see transcript of hearing filed separately.) 6:56 - 7:03 p.m. Appl. No. 4752 - KATHRYN and MICHAEL RUSSO. Based upon a Notice of Disapproval dated August 16, 1999, a Variance under Artide XXIV, Section 100-244 is requested for a proposed location of an addition with a reduced front yard setback at 775 Oakwood Road, Southold, NY; County Parcel No. 1000-90-4-22. Mrs. Russo appeared and spoke in behalf of her application. Mrs. Russo also agreed to accept "alternate relief' for a, 'esser$etl)ack; After receiving testimony, motion was made, by Chairman Goehringer, ~n~èdibyMemberCöllins, and<duly'œrrietl,.tocloSe:the hearing. Note of the BOard: AY~;';(~U <4'-0). (Member Homing was a~~nt.) J:." Page r3 - Minutes , Meeting held November 3,1999 Southold Town Board of Appeals III. DELIBERATIONS/DECISIONS OR OTHER ACTION: Approved with Conditions: Appl. No. 4758.lt - R. and V. Johnson. Appl. No. 4751.jd - W. B. Howell and B. Patton. Appl. No. 4743.lt - Raynor-Suter Hardware¡ Inc. Denial and Grant of Alternate Relief: Appl. No. 4748.jd - Erna Lang. Appl. No. 4757.jd - Schembri Homes. Withdrawn (without a refund): Appl. No. 4747.1c - D. Pfening. Update, if any, before deliberations. Straw Poll: Appl. No. 4752 - K. Russo. Alternate Relief for a 5' deck and overhang as may be permitted by code provisions. IV. RESOLUTIONS/CORRESPONDENCE/OTHER ACTION: A. Code Committee Meeting (await new calendar). B. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly eanied, toealendar the following hearings and advertise same for the November 18, 1999 Regular Meeting of tI1eBoard of Appeals: 6:20 p.m. Appl. No. 4755 - EDWARD V. WETZEL. This is an application (1) requesting relief from ZBA Condition #1 under Variance Determination rendered July 27, 1972, Action No. 1597 (Grathwohl and Pugsley) which states that there shall be seasonal occupancy only in cottages on Lots #1A, ~ and #6; the season to run from March 15th through November 15th (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. 6:30 p.m. Appl. NO.. <4750 ":,R.·RIBAUDO. Variance for bluff setback for proposed pool. Locati0rofproperty: ..1.9201"he Strand Way, East Marion; 1000-30-2-56. Resolution /T()m J.Olll,Ir\q¡,!tp7darllr1l:b.&'I!e{J/¡I1{}~lfJn., Page 4 - Minutes Meeting held November 3,1999 Southold Town Board of Appeals RESOLUTION to advertise, continued: 6:35 p.m. App!. 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 Location: 1935 and 2255 Mill Creek Drive, Southold, NY. 6:40 p.m. App\. No. 4685 - VINCENT TORRE. This is a continued hearing, regarding Applicant's request for a Variance under Article III, Section loo-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. 6:45 p.m. App!. No. 4760 - S. and S. vrrOLANO. 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. 6:50 p.m.. App!. No. 4723 - SOUTHAMPTON LUMBER. This is a request for an Use Variance under Article XXIV, Section loo-242G, to establish lumberyard" use in a Hamlet Business (HB) Zone District, based upon the Building Department's January 12, 1999 Notice of Disapproval for the following reason: "Whenever a nonmnformlng use of a building or premiseS has been disoontinued for a period of more than two (2) years·or has been changed to a higher classification or to a conformif1guse, nothlng!n this Article to the oontrary notwithstanding, the nonconforming use of such bundlng or premises shall no longer be permlttècl unless a variance therefor shall have been granted· by the Board of Appeals." Location: 13650 Main Road, MattlbJck; ParœI100IH14-11-24.3. 7:20 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 100-2448, Article III, Sec. lüO-33A.4 and 100- 338.1; 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 th~a,$~ry.struc:ture. is two feet (!nsteaq .01 the code requirement of three (3) feet). ~tiÖJ1:.~740 Villâget..êlne, Orient; l'Ol)0"2~-2-18. . 7:3'0 p.m. Appl. No. 4749 - I..:'WINOtsèft"{Coritinúédhearing) Variance regarding page.5 - Minutes , Meeting held November 3,1999 Southold Town Board of Appeals RESOLUTION to advertise, continued: 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. 7:40 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. 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. Resolution from 10/14 calendared this hearing session. 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 Drivel Mattituck; Parcel No. 1000-106-01-32. Vote of the Board: AYES: Goehringer, Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member Horning was absent.) * * * C. RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to approve the Minutes of the following Meetings: September 30, 1999 and Oct. 14, 1999. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. (Member Horning was absent.) This Resolution was duly adopted (4-0). * * * D. DEUBERATIONS/DECISION-REAFFIRMED for APPROVAL: Appl. No. 4686 - A. Paliouras. Lot area variance for ownersl proposed gift: shop within part of existing principal building/dwelling. The update regarding this application is that about 10/25/99 the southerly portion of this 1.19-acre parcel was re-zoned to Residential-Office (RO) with the northerly portion remaining B-General Business. Location of Property: 1000-74-4-9 at S/s C.R. 48, Peconic. The Board Members discussed all record material and proceeded to reaffirm its / if ! (¡) !Q./ # ì ~, ~/~ t,ti fl" ,~ Page 6 - Minutes Meeting held November 3, 1999 South old Town Board of Appeals intent of approval, formally deliberated and rendering its decision of approval (copy attached with the original filed with the Town Clerk for permanent record-keeping). V. EXECUTIVE SESSION - None held. * * * Brief reviews of pending files and general discussions by Board Members followed. * * * There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at 8:05 p.m. Respectfully submitted, 0';ÇdLdJ~/!/?~ - 'tfflda Kowalski Board Secretary 11/29/99 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBAFax (516) 765-9064 Telephone (516) 765-1809 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora . Lora S.Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERlmONS'AND.DEfERMINATION MEETING OF NOVEMBER 3,1999 Appl. . No. 4686 - ANDREAS and. STACEY PALIOURAS ZONE DISTRICf.: B General Business STREET &L0CALITY: 32570 County. Road 48, Peconic 1000 -7l.[. -l.[.-9 DATE OF PUBLIC HEARING: May 20/1999 FINDINGS OF FACT PROPERTYPACfS/DESCRIÞTION: The applicant's property is a 1.196-acre parcel located on the south side of the North Road (a/k/a County Road 48), in Peconic. The property is identified on the CountVTax Map as District 1000, Section 74, Block 4, Lot 9, and is improved with a single-family residence and tw~acc~ssory storage buildings. A copy of a survey dated November 10, 1982, prepared by Roderick VanTuyl, P.c. shows the general layout of the building? and property. The dwelling is located in the. 'B' General Business Zone District. (On October 19, 1999, the southerly portion of the property waS re-zoned from 'B' to 'LB' Limited Business by the Town Board.) BASISOF~PPLICATIbN; . Building Inspector's October 20,1998 Notice of Disapproval citing Article X, Section 10Q-102,and $tating that "The proposed gift shop being located on a lot in an existing . non-conforming single-family dwelling in a B District has insufficient lot area. !tis required to have a total lot area of 60,000 sq. ft. The existing lot is approximately 51,400 sq. ft. AREAV~¡:UANCE REµE~ REQUESTED: Applicant has applied for a building permit dated August 31, 1998 for permissiodtq use part of an exi$ting one-family dwellingasa gift shop. The gift shop is proposed for retan~I,e$ to the general public and is Ii$ted as a permitted use under Section 100- 101A(2), Which irich~de? 'by refer~nce Retail Stores as a permitted use [by reference with, the HamletBu~iness ~orir1gl.lsesat ~ction 100-91A(6)]. The ret¡:¡i' gift shoþiSiprqÞosed in the main building (dwelling). The floor area attributed to the gift shop activity i~pr9PQsed at approximately 4QO square feet. No additions or other buildings are requested in this ¡var\anceapplication. The remaining buildings would remain accessory to the applicant's single-f¡:¡rmOydwelling or storage areas related to the gift shop. j " ' . , REASONS FOR BÖÄRJD A(:lfION. DESCRIBED BELOW: Based on the testimony and record before the Board>and per$onal inspection, the Board makesthe following findings: , ' :' 1. TheWòl1ting 8f tf[I~ ~r~ varië!nc;e will not produce an undesir¡:¡ble change in character of neighborhood Qr ·ë\çetrim¡ent to nE;íarby properties because: ;.;' ',. . ' . ' . I' \: ;:;,;':"! a) theaddi~iqnQf9?01¡¡¡U~00 sq. ft. gift shop is a conforming use in this General Business Zone District:. Pag~ 2 - November 3, 1999 AþþL No. 4686 - A. and S. Paliouras 1000·74-4-9 at Peconic b) the immediate neighborhood is a mixture of residential and commercial uses. Properties to the west consist of a ç¡asoline station and woodworking business, to the east a gravel business, to the south the Long Island Rail Road, and to the north residential and agriculturaL c) traffic impacts will be mitigated because applicants have agreed that egress and ingress to the gift shop will be from the "private road".adjacent to th~we~~rly property boundary, and that in no event shall ingress or egress be from Route 48. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicant to pursu~,other than an area variance because the lot size is nönc9nforming (preexisting at 51,400 sq. ft.) and6Q,000 sq.. ft. is required for the. General Busin.ess Distr'ictwith single~family residential and retail gift shop uses. 3. The areavariëlnçeìs not substantial because the lot area meets 84010: of thèçode required minimum forthis district. 4. The proposedvarianceswill not have an adverse effect or impact on the physical or environ- mental cor1ditions.ir the neighborhood or district because thepdditior 0fa s~allgift shop located in the applicants'resiçlence will be in keeping with th~. comm~rcial zoriQg designation of this and surroundingproperti~sto the east and w.est. ...,. In. considering this ~pplication, the Board deems this action to be the minimum necessary and adeql,late tq enable the applicants: to enjOy the benefit of.a r~Hgift shoP''Nhile preserving and protectin!!lthechç¡rager of the. neighborhood and the health,sWetY, w.~lfar~ of.the community. RESOLUTION/ActION: On,rnotion þyMr. goehring~rsecon~dbY lY1e~b~;.fØ¡ti~?~w.as RESOLVED, to GRANT the variance, as applied for and subjectto the followingCONDITrONS: 1. The size ·of the gift shop within the residence shall be limi~ to an;a~a. no greater than~~O sf.orone-half Of the, first floor, whichever is larger. ' i . 2. Ingress and egress (access) to the gift shop shall be fronT the "private road" which abuts the applicants' westerly property line. In no event shall·ingriess and. egress (access) to the gift shop be from County Rd>ad 48. APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765·1809 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,DEUBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3,1999 App!. No. 4748 - ERNA LANG 1000-126-1-51 STREET & LOCATION: 220 Oak Street, Cutchogue DATEOFPUBLICHEARING: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 19,441 trapezoidal-shaped lot with 83.11 ft. front..agealong Oak Street and 143.87 ft. frontage along Eugene's Creek, in Cutchogue. The lot is improved only with a one-story frame house set back 83+- ft. from the front property line. BASIS OF APPLICATION: Building Inspector's June 17, 1999 Notice of Disapproval which states that Article III, Section 100·33C: "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard setback requirement as set forth by this Code. Proposed accessory garage is located in front yard five (5) feet frornlot line." The June 17, 1999 Notice of Disapproval, corrected on October 14, 1999, shows that the front yard setback requirement for a lot of 19,441 sq. ft. in an R-40 Zone is required to be thirty-five feet (rather than 50 feet}. 11 AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance for a locationofa 24 ft. by 24 ft. accessory garage in a front yard area.. The setbacks are proposed at five feet from the front øroperty line é;lnd five feet. from the northerly side line. . The garage is proposed to be unheated and for storage and parking of vehicle(s) as an accessory to the owner's residence. REASONS FOR BOARD AcnON,DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, tneBoard makes the following findings: f 1. Grant of the alternative variance at 30 feet will not produce anundesir:able change in the character of the neighborhood or a detriment to nearby properties. The garage is one-story in height and the distance remaining between the garage and the front of the house is approximately 27 feet. 2. The benefit sought by applicant can be feasibly achieved by the alternative 30 ft. setback. There is no other alternative feasible for appellant to pursue other than a variance, due to the size and shape of the lot and limited available area. 3.. The grant of the alternative variance is not substantial and represents 14.3% reduction from the code's 35 ft. setback requirement for a principal structure. 4. NO evidence has been submitted to show that the alternative grant of the location for an one- -"---,---'-------.-.. Page 2 - November 3, 1999 ZBAApþLNQA748 - Ema Lang Parcel 1000-126-1-51 at Southold story garage would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty is related to the land and is not ~If-created. In conSidering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new accessory garage, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Mem~rTotora,it was RESOLVED, to DENY the variance as applied for, and BE IT FURTHER RESOLVED, to. GRANT alternative RELlEFto locate the g( rage in the front yard,wìtha minimum 30 ft.~tback .from the front property line ( nd minimum. seven (7'). from. the side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1) That the building ootbe used for sleeping or habitation and remain as an accessory use incidental to the owner'sresidencerðsrequired by Code; 2) That the building is limited to electrical utilities (and outside faucets on the exterior of building),ifproposed. VOTE OF THE BOARD: of Fishers Island was.absent,out-of-state.) This " .~><.".,.,,, m~'!' ·,"f "'f"." ~ Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516)765-9064 Telephone (516) 765-1809 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELI~ERATlONS.~"'D DETERMINATION NOVEMBER 3, 1999 Appl. No. 4757 ~SCHEMI3RIHOMES. INc. 1000-86-1"4.24 STREff N& LOCAlITY: 625 Indian Neck Lane, Peconic . DATE OF PUBliC HEARING: October 14, 1999 FINDINGSOF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 21;750 sq. ft. lot with 150 ft. frontage along Indian Neck Lane, in Peconic. The lot is known as Lot 24 on the Map of Richmond Shores and is improved with a concrete foundation for a single-family dwelling. BASIS OF APPLICATION: Building Inspector's September 20, 1999 Notice of Disapproval. Article III, Section 100-32 (and ref. Article XXN, Section 100-2'14B which requires a 50 ft. rear yard setback for a principal building on a size of 21,750 sq. ft. The "as built" foundation is 49.0 ft. from the rear property line. AREA VARIANCE RELlEFREOUESTED: The request made by applicant is for approval of the setback of an "as built" foundation at 49.0 feet from the easterly rear property line, confirmed by August 31, 1999 foundation survey prepared by Joseph A. Ingegno, L.S. The remaining setbacks are not the subject of this application. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based cn the testimony and record before the Board, and personal inspectiôn, the Board makes the following findings: (1) The granting of the area variance will not produce an undesirable change n character of neighborhood or a detriment to nearby properties because the property adjacent to the easterly yard area is vacant land reserved for open space in this subdivision. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area våriance because the house (foundation) is presently located with an insufficient rear yard and the degree of the variance is minimal, with a 1 ft. by 37 ft. section extending beyond the required· 50 ft. setback in the rear yard. (3) The requested area variance is not substantial. (4) The hardship is self-created. (5) There are no factors present to indicate that the requested area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was 1_ Page 2 - November 3, 1999 Appl. No. 4757 - Schembri Homes Re: ·1000,:'86-14.24 RESOLVED, to GRANT the variance, as appliedfor. VOTE OF THE BOARD: Ayes: Goehringer,Dinizio, Tortora, and Colli (+). (Member Horning of Fishers Island was absent,out-of * * * . APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,. DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3¡ 1999 App!. No. 4751- W.B. HOWELL and R.D. PA1TON STREET & LOCATION: . 25825 Main Road,Oriênt DATE OF PUBLIC HEARING: October 14, 1999 1000-18-3-15 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516)765-9064 Telephone (516) 765-1809 PROPER1Y FACTS/DESCRIPTION: The applicants' property consists of approximately 20,000 sq. ft. in area with 105 ft. frontage along the north side of the Main Road, in Orient. The lot is . improved with a 1-1/2 story framedwelUng,.accessorypool,accessorybarn building and accessory garage. BASIS OF APPLICATION: Building Inspector's September 10,1999 denial of applicants' request to amend their building permit to include 1-112 baths states that Articlel00-3lA.l does not permit more thana single-family dwelling on each. lot. "Proposed amendmentto building permit #25406Z for an accessory building indicates 1-1/2 baths and design and arrangement as a dwelling, a principal dwelling already exists on this lot." I , RELIEF REOUESTED:. Applicamt:s request:. (a) an Intêrpretation that the. Building Inspector is in error by stating that the>desig~ and arrangement with bathroom facilities in the existing accessory building would create a dwelling use. on the property, or (b) a Variance approving the two bathroom areas for useinconjunctionwiththe owner-artist's workshop in the accêssory building. REASONS FORBOARDACTIO~. DESCRIBED BELOW: Based on tpetrstimony and record before the BOard arid personaLins~ion, the Board makes the following findings: (1) Applicants are renoVQting an ~stingbarn for use as a studio by one of the applicants, an artist. , They proposed placing a 3/4 bath. (sink, toilet, shower) on the ground floor and a half- bath (sink-toilet) On the$êcond floor. Applicants state that the two bathroom facilities are essential. for the artist 1co-ownerbecause he is blind and consequently has some difficulty moving from the barn tethe house and from floor to floor. They also state that they do not intend to use the barn for dwelling purposes. (2) Inclusion of the bathrooms in the renovated barn will not affect its appearance and will not produce an undesirable change in the character of the neighborhood or detriment to nearby Propertiês provided that the barn is not used for dwelling purposes. (3) This application isçharaçterizecl by the special circumstances that the artist co-owner is blind. The benefit sought by the applicants cannot be achieved by some other method, feasible for them to pursue, because the bathrooms are intended for the comfort and convenience of the blind artist co-owner. . Page 2 - November 3, 1999 ZBAAppl. Nö.4751 - W. Howell and B. Patton ParceI100o~18-3-15 at Orient (4) No evidence has been submitted.tO show that the proposed bathrooms would have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable the applicants to enjoy the benefit of bathroom facilities in their artist studio, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOL\!ED, that taking into account the specialcircumstancespre5ented in this application, this Board, pursuantto'>itsaothörityunder Section 267--b(1) 'of New York Town Law, hereby reverses the Building Inspector's September 10, 1999 denial of the applicants' requested building permit amendment, subject to the following CONDITIONS: (1) Thebathfodrn facilities irr the renovated bamshall be limited to one half-bath comprising a.töiletandsink, and one 3/4bathcompHsinga toilet, sink and shower. (2) No later than twelve (12) months after the' date of this determination,>applicants shall deliver t? this Board a, copy of a Certificate çf Occupancy for the subject structure, dUlY, isst;leq,bythe'T()wn:Of Southold, whic~shalldescHbe the ~c;µpanCY as an accessorystrllcture inwnich no personsrp¡:¡ysleepandwhich may not at any time be used' for< ,dwelling. Pwpose~.!The twelve~month !d~dline :maY! be extended. ,by this Boa(dut>pl11!a~!apprp~riat~ showingofneFes~jty. IfaCertifìca~·of 9ccupancy with the requirE¥!. qrovisiQn~çle$Cribed above isnçt ,delivered by the appliFë!ble deadline, this '~~!!S~ptl!v,¡it~dl1a"Yand " cal1<;el.tljiiS.i: reversal, of the! :Builqipg ~nspeCt,or's Septemben~9;]1~99Idenial!of1qpplicants' ~!J~to'amendtheir BµildiOg Permit. Homing of Fishers lslanç:l' was absél1t, out~of-state.) """"""~~''''' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBAFax (516)765-9064 Telephone (516) 765-1809 APPÈALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEliBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3, 1999 App\. No. 4758 - RONALD AND VICTORIA JOHNSON STREET ADDRESS: 510 TallwoodLane, Mattituck 1000-113-7-19.27 DATE OF PUBLIC HEARING: October 14,1999 FINDINGS OF FACT PROPERTY. FACTS/DESCRIPTION: The applicants' property is 80,000 sq. ft. in area and fronts along a privat.e right~of-way extending from the west side of Cox Neck.Road (C.R. 84) in Mattituck. the premises is improved with a principal building (one-story frame dwelling with attached garage) set back 54.3 feet from the rear (north) property line and 100+~ feet to the south property line. Located at the southerly. 50 ft. of the property is· an extension of the right-of-way (running· in an east-west direction). BASIS OF APPLICATION:. . Building Inspector's September 22, 1999 Notice of Disapproval which states that Article III, Section 100-33. of the Zoning Code requires that accessory buildings and uses shall be located in a rear yard. AREA VARIANCE RELIEF. REOUESTED: Applicant requests a Variance to locate a 12' x 30' accessory horse barn in the easterly side yard area, 54.8' from the rear property line and 86.4' to the easterly property line. 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large wooded lot, and the proposed 12 ft. by 30 ft. horse barn shed would be set back approximately 100 feet from the front yard property line, 86.4 feet from the easterly side yard, and 54.8 feet from the northerly rear yard property line. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the required rear yard slopes to the north and does not provide a level area suitable for grazing or keeping of horses. 3. The requested area variance is not substantia\. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions. in the neighborhood or district because the accessory horse barn-shed location exceeds the required front yard setback for principal structures, and no adverse environmental effect has been identified that would impact the neighborhood. Page 2 - November 3, 1999 Z6AAppI.<No.4748 - R. and V. Johnson ,Parc~II000T113--7-19.27 at Mattituck 5. The alleged difficulty has not been self-created and is due to the topogrë¡phy ofthe land. BOARD RESOLUTION: Based on the testimony and record, tþe followingactionwas taken: On motion by Member Tortora, seconded by Chairman Goehringer, it was RE$OLVED, to grant the variance asappli ;!d for, subject to the CONDITION that the building be used önlyfor storage or as a horse barn. Voteoft\1e Board: Ayes: Goehtinger, Dinizio, Tortora, and Collins. This Resolutíonwas duly adopted {+O}. (Mem ber Horning ofFíshers Island was absent,out~of-state,) r·"-, , APPEALS Bo.ARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, .DELIBERATIo.NS AND DETERMINATIo.N MEETING OF No.VEMBER 3,1999 AppI.N(). 4743 -RAYNOR-SlJTERHARDWME,INC. 1000-140-3-3.4 S'[RI;ET&LOCATION: 320Love Land at Intersectîon with Pike Street, Mattituck DATE OF PUBLIC HEARING: October 14,' 1999 FINDINGS OF FACT Southold Town Hall 53095 Maih Road P.o.. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: Theapplitant's, property consists of approximately 8500 sq. ft. wìtP77+-ft. frontage along Love Lane and 119+- ft. frontage along Pike Street. The property is substantially improved with a Hardware Store and is located in the Hamlet area ofMattituck. BA$[S OF APPLICATIGN: Building Inspector's August 17, 1999 Notice of Disapproval which states thëJt: "Proposed alteration of. second story of existing hardware store of Personal Service' Studio constitutes a second use on the parcel. Structure is located in the HB Zone on a lot containing approximately 8100 sq. ft. "Pursuant to Article IX, Section 100-92,00 building or premises shall be used and no bOildingor' part thereof shall be erected or altered, in the HB District unless the same ,q;mforms to the Bulk Sch~ule and Parking and, Loading Schedules. incorporat~ into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Bulk Schedule requires 20,000 sq. ft. per business use." .. AREA Vþ.RIANCERELI~FRE<¡)UESfED: Applicant requests a Vëlrian~,toallow secQnd business use on this substandard 8500+-- sq. ft. parcel in conjunction with the existing retail hardware store. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or deÞiment to nearby properties. Applicant proposes to alter the second story of an existing hardware store for use as a personal service studio. The existing building containing the hardware store was constructed prior to zoning in the heart of the Mattituck business district. The 8500+- sq. ft. nonconforming lot is similar or larger in size to most of the, ?ther business, properties on Love Lane. There are ·two municipal parking lots; one approximately 40fe,et from the applicant's property on Pike Street, and another within 150 feet of the applicant's property behind the North Fork Bank on Love Lane. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, . other than an area variance, because the lot size is nonconfonning, 8500+- sq. ft., and the Town Code requires 20,000 sq. ft. per business use. Page 2 - November 3, 199~ ZBAAppl. No, 4743 - Raynor-Suter Hardware. Parcel.l0QO-140-3-3.4 at Mattituck 3. The area variance is substantial. However, the proposed alt~ration of the second story for use as a personal service studio is consistent with the HamletBusiness District. It was also noted that: a number of businesses in the immediate area have multiple uses and that pattern is consistent with the nature ofthe area andsmallsiz~ofoldernonconfonning lots on LQve'-Pne. 4. The proposed variance will not have an adverse effegorimpact. on the physicaL or environmental conditions in the neighborhood or district because there is ample parking' at the nearby munidpal parking lot on Pike Street asw~n as the municipal parking lot behind the North Fork Bank on Love Lane. Since this is the heart of the business district¡ the added businessshoulçl ~abene1'itto the n~ighqorho()(:L . 5. In order to address ë;madjoining property owner'scqncern about unauthorized. use of his private right-of-way by customers of the personal service studio, applicant has agreed to post no-parking:signs,to:det~r: suçh.activity and to Post ¡;ignsdirecting patrQnstojtbemµni:c:ipal parking lot approximately 40 feet to the east. . . , .. . BOARD RESOLUTION: Onmotion by MeinberTortora, seconded by Chairman Goehringer, it was RESOLVED, to approve the application, SUBJECT TO THE FOLLOWING CONDITION: i· i , ...'\ . ~t n~ëw~nqsiqrs peplaced,asëlgreed by ëI pplica nt, directing patrons to. the municipal parkinglcit approximately 40 feet east.· . Page 1 - November 3, 1999 Board of Appeals Hearing TRANSCRIPT OF PUBLIC HEARING November 3, 1999 SOUTHOLD TOWN BOARD OF APPEALS lIViD (Prepared by Lucy Farrell) 6:45P.M. -Appl. NO.752 - KATHRYN & MICHAEL RUSSO Based upon a Notice of Disapproval dated August 16, 1999, a Variance under Article XXIV, Section 100-244 is requested for a proposed location of an addition with a reduced front yard setback at 775 Oakwood Road, Southold, N.Y.; County Parcel NO.1 000-90-4-22 CHAIRMAN GOEHRINGER: We see that Mrs. Russo is in the audience. We ask her if she'll come up and if you want to give us something first we'd be very happy to take it from you. MRS. RUSSO: I received these back. The one letter was returned to me. It looks like the person moved but, they couldn't find that person at the moved address. CHAIRMAN GOEHRINGER: OK. What would you like to tell us Mrs. Russo? MRS. RUSSO: I'm just looking to get a variance, to bring around the deck to the half way around really because the front of the house is 5 foot out. (coughing) small amount over the allowed footage which is only a bit a couple of feet over. CHAIRMAN GOEHRINGER: In studying your original plan, the one that I have dated September 23, 1999, it indicated to me that the original addition was 5 feet. I know that you were disapproved for 10 feet from a setback of 35 or 25. MRS. RUSSO: Right. So we're just going to make it a small distance. CHAIRMAN GOEHRINGER: Yes, but it indicates to me that the addition is really only 8 feet in depth. The question I have to you is, is it 8 feet or is it 10 feet? And, does it include the overhang which is the issue which may extend it over to that 10 foot area? MRS. RUSSO: Well, it's really a 5 foot deck. The deck is only 5 foot and I guess the overhang I guess is just out over to the top of the house which I don't know, would extend a little further out from the deck. I'm not architecturally - CHAIRMAN GOEHRINGER: Right. Let me just say this to you that a, and I'm not speaking specifically for this Board because everybody on this Board is very Page 2 - November 3, 1999 Board of Appeals Hearing vocal. I don't mean that sarcastically. But, it is critical to us, if the variance is 25 feet or is it 27 feet because really, quite honestly, I'm always in the 30 foot range on a lot this size. I'm not really, I'm not big on creating precedent on anything you know, so once you start encroaching into that 20, into the high twenties, you know, I have less interest in the application into granting it, so it's important to me and this is not a statement you have to give us tonight, but, you know, if you review it with your architect or whomever drew the plans, it could be yourself too, I don't have a particular problem with 30 feet. It's a private road, but as I said, as we start to get into the high twenties, that's a concern to me. So, I'll just leave it at that. I've been to your house, it's an adorable spot. It's a very cute house and we'll start with Mr. Dinizio. Mr. Dinizio, any question of Mrs. Russo? MEMBER DINIZIO: No, I have no questions. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Well, yeah, just to follow up on this issue of exactly what the widths are because I agree with the Chairman that it is important that we pin down exactly what it is that you're asking for. And, I know I'm repeating but, I want to make sure that we're all on the same page. The Building Department denial said, that what you were proposing was a deck that would bring your setback to only 25 feet and 35 is what was required. So, they were talking about a 10 foot deck and your drawing to which the Chairman referred which is received by us on September 23rd, shows 5 foot deck on the street side with a 8 foot roof. So, the roof comes out 3 feet more. The latter is what you're actually proposing now? MRS. RUSSO: Yes. We decided when we were turned down we figured we don't need a large deck. But, we want to do is for the esthetics of the house - MEMBER COLLINS: For the esthetics. I understand. MRS. RUSSO: Because there is no front door really if you've seen the house. MEMBER COLLINS: Oh, yeah, I was down there. MRS. RUSSO: So we want to bring it around just so it looks like the side of the house to the front of the house. MEMBER COLLINS: OK, because the existing deck, I didn't have a tape measure with me, but I would say, that the existing deck around on the side of the house has to be at least 8 feet. MRS. RUSSO: Right, it probably is. "'-.' ......,." 1+>'>·;---"'" ··""-';·""";-";r;·;;:\f''"!'''-'''>¡;;¡;"I¡"\,,~'t·,,,·~",f"[¡:'.'f""¡'1'''''':·'': Page 3 - November 3, 1999 Board of Appeals Hearing MEMBER COLLINS: Maybe even a little bit more. MRS. RUSSO: I mean, that would make it more comfortable because we you know, we sit out there. But, the front is just like I said, for esthetics, we want to make it look uniform. MEMBER COLLINS: OK, so that's fine. I just wanted to make sure that - CHAIRMAN GOEHRINGER So we are talking a 3 foot overhang then? MRS. RUSSO: Like I said, I'm not an architect so I don't, when you build a deck you bring an overhang, but, I don't know how - CHAIRMAN GOEHRINGER: Depends upon which way the roof line runs. MRS. RUSSO: Oh, OK. CHAIRMAN GOEHRINGER: If the roof line runs like this, OK, which is the gable end toward the street, then you can have a very small overhang. If the roof line runs like a shed, like this, meaning this is the street out here, usually those overhangs tend to be between 16, 18 and sometimes 24 inches. So, I think maybe it would behoove you, to check with whomever was going to buiid this for you, and then get back to us, prior to us making a decision, because I said, the high twenties start, I get concerned in the high twenties only because of a precedent situation in that area. MRS. RUSSO: So, if the overhang let's say 5 foot, that would be a - CHAIRMAN GOEHRINGER: If the deck was 5 feet right now, it's fine with me. You know, I'm sure that - BOARD SECRETARY KOWALSKI: Can I say something? CHAIRMAN GOEHRINGER: Yes. BOARD SECRETARY KOWALSKI: By the Code you're allowed 18 inches overhang. MRS. RUSSO: OK. BOARD SECRETARY KOWALSKI: Without a problem, but, whèn you go with the 18 inches it adds the extra variance. MRS. RUSSO: OK. Page 4 - November 3, 1999 Board of Appeals Hearing CHAIRMAN GOEHRINGER: So, if you want to make a call tonight to your husband or to somebody, it's entirely up to you, prior to us - MRS. RUSSO: My husband is away on business trips. CHAIRMAN GOEHRINGER: OK. MEMBER COLLINS: Mr. Chairman, it seemed to me, as I said, I didn't have a tape measure with me, but studying the house when I was there, that I estimated the existing deck on the side as about 8 feet deep and the existing roof as 9 feet or maybe 9 feet and a couple of inches. But, it didn't overhang more than about a foot beyond the edge of the deck which I think is quite normal. So, if you're thinking of consistency, then, I think it will be very useful to you to keep the overhang from getting too big. MRS. RUSSO: Well we were just looking at it really for protection of the deck. That's what we're doing it for. MEMBER TORTORA: Why don't you, we could just approve a 5 foot deck period. CHAIRMAN GOEHRINGER: Yeah and then a - MRS. RUSSO: And I have to put another variance in for the a - MEMBER TORTORA: No. BOARD SECRETARY KOWALSKI: No. MEMBER TORTORA: In other words, we could approve the 5 foot deck and you can work it out so that you can come under that 18 inches. Would that be workable? MRS. RUSSO: That's fine. CHAIRMAN GOEHRINGER: Oh, good, that takes care of the whole problem then, alright. MRS. RUSSO: And willi get something in the mail? CHAIRMAN GOEHRINGER: Yeah, sure, in writing in a couple of days. MRS. RUSSO: OK, fine, I thank you very much. CHAIRMAN GOEHRINGER: Don't leave yet in case - ,. .,'" ,', ,',,", .. '·""i:"'·"'·""':'!'"'·"¡'·'·;'·;""":"''''''''f'·;1'¡;:':"~~''''';<",j'~+;>I","!",'f';j¡':''!"."""""",·,,, .,'''";j, ''''~"'';·'W't¡" I t. ";"H',·" Page 5 - November 3, 1999 Board of Appeals Hearing MEMBER TORTORA: All these other people. CHAIRMAN GOEHRINGER: Arthur and Lilly do you want to object or voice your opinion? _ MS. LILLY: No, no questions. CHAIRMAN GOEHRINGER: No questions, OK. Hearing no statements, I'~I make a motion closing the hearing reserving decision until later. MEMBER TORTORA: Second. CHAIRMAN GOEHRINGER: All in favor. Motion carried. See Minutes for Resolution. Prepared by Lucia Farrell from tapes. ¡ -/ RECEIVED AND FILED BY' TEY1'j' 80U'''''''''-OL l~ 1.1.'1 ) D TOViTN CLEHK DATE (p(<c(OO HOUR \O~?o~ ~~a '4lk!t¿ Town Clerk!. 'l'ow'n of Southold