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HomeMy WebLinkAboutZBA-10/14/1999 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 MINUTES REGULAR MEETING THURSDAY, OCTOBER 14,1999 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, October 14, 1999, commencing at 6:12 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member arr. 6:27 p.m. Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:12 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/RESOLUTION/DETERMINATIONS: Appl. No. 4723 - Southampton Lumber Co. Use Variance. RESOLUTION ADOPTED: The Chairman asked if any Board Member wished to vote on the application before the next meeting, and there was no response. The Chairman moved to reopen the Hearing to obtain further information and to ask questions. The Motion was seconded by Member Tortora, to REOPEN the hearing regarding Appl. No. 4723 - Southampton Lumber Corp. and calendar same for a public hearing to be held Thursday, November 18, 1999. Vote of the Board: Ayes: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent during this Resolution.) This Resolution was duly adopted (4-0). Appl. No. 4702 - Dan and Madeline Abbott. See attached determination and official Resolution (denial), the original of which will be filed with the Town Clerk after it is signed by the Chairman. (6:27 p.m. Member Dinizio arrived.) , Påge 2 - Minutes Regùlar Meeting held OctolJcr 14, 1999 South old Town Board of Appeals Appl. No. 4739 - J. and W. Rich III. See attached determination and official Resolution¡ (denial)¡ the original of which will be filed with the Town Clerk after it is signed by the Chairman. Appl. No. 4745 - Mary Jo Peters Orr. See attached determination and official Resolution (approval with conditions), the original of which will be filed with the Town Clerk after it is signed by the Chairman. II. SEORA Reviews: On motion by Chairman Goehringer¡ seconded by Member Collins¡ it was RESOLVED¡ to declare the following SEQRA actions or other update: Unlisted Action Pending: Review pending regarding SEQRA¡ Part III: Appl. No. 4582 - A. Yuzbasioglu. (R. Schroeder Property at East Marion.) No action was taken. Type II Actions (setbacks, lot-line variances, accessory uses): Appl. 4748 - E. Lang. Garage location. Appl. 4750 - R. Ribaudo. Setback from bluff. Appl. 4752 - M. Russo. Front yard setback. Appl. 4753 - P. Corazzini. Side yard. Appl. 4754 - R. and E. Badenhop. Accessory Apartment. Appl. 4755 - E. Wetzel. Front yard setback and lot coverage. Appl. 4756 - Brian Warren. Garage location. Appl. 4757 - Schembri Homes. Rear yard setback. Appl. 4749 - L. Windisch (building interior.) Appl. 4751 - W. Howell and R. Patton (building interior). Appl. 4758 - R. and V. Johnson (horse shed location). III. PUBLIC HEARINGS: Please see written transcript of statements made during the hearings¡ prepared separately and filed with the Town Clerk's Office for permanent safekeepi ng: 6:33 - 6:44 p.m. Appl. No. 4747 - PAMELA and DAREN PFENING. This is a request for a Variance under Article III¡ Sections 100-31C and 100-33¡ based upon the revised Building Inspector's September 8¡ 1999 Disapproval for a proposed storage barn/building to be located on a vacant lot without a principal use. 2905 Arbor Lane¡ Mattituck; 1000-113-7- 25. Mr. Pfening appeared and spoke in behalf of his application. At the end of the hearing¡ motion by Chairman Goehringer¡ seconded by Member Tortora¡ it was RESOLVED¡ to close the hearing. Vote of the Board: Goehringer, Dinizio, Tortora, Collins¡ and Horning. 6:45 - 7: 13 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Based upon a Notice of Disapproval dated August 17, 1999, a Variance under Article IX¡ Section 100-92, is Påge 3 - Minutes RegCllar Meèting held Octö.....:r 14, 1999 South old Town Board of Appeals requested with respect to a proposed second principal (permitted) use on a substandard lot size. Location of Property: Corner of Pike Street and 320 Love Lane, Mattituck, NY; County Parcel No. 1000-140-3-3.4. Mr. Henry Raynor appeared in behalf of the application and answered questions of the Members. Mr. Richard Block spoke and had questions about parking and the rights-of-way to adjoining properties. At the end of the hearing, the following action was taken: Motion by Chairman Goehringer, seconded by Member Tortora, to CLOSE the hearing. Vote of the Board: Goehringer, Dinizio, Tortora, Collins, and Horning. 7: 13 - 7:40 p.m. App!. No. 4750 - R. RIBAUDO. Based upon a Notice of Disapproval dated September 13, 1999, a Variance under Article XXIII, Section 100-239.4A.l is requested for a proposed location of a swimming pool at less than 100 feet from the top of the L.I. Sound bluff at 1920 The Strand, East Mar.ion, NY; County Parcel No. 1000-30-2-56. Mr. Richard Schaefer, builder, spoke in behalf of the application. The Board asked Mr. Schaefer to obtain a clarification from the design professional about the "average line of bluff" shown on the map. Mr. and Mrs. Robert Klotz, property owners to the west, spoke in opposition to the pool location. After receiving testimony and questions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing to November 18, 1999. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * AGENDA ITEM V-D. RESOLUTION/DATE OF SPECIAL MEETING: Motion was made by Member Dinizio, seconded by Member Tortora, and duly carried, to confirm Wednesday, November 3, 1999 at 6:45 p.m. for a Special Meeting for the purpose of continuing agenda items from tonight's calendar and other business properly coming before the Board at that time. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * AGENDA ITEM III - PUBLIC HEARINGS, continued: 7:48 p.m. App!. No. 4748 - ERNA LANG. Based upon a Notice of Disapproval dated June 17, 1999, a Var.iance under Article III, Section 100-33C is requested for a proposed location of an accessory garage in a front yard area at 220 Oak Street, Cutchogue, NY; County Parcel No. 1000-126-1-51. Mrs. Erna Lang and son, Hans, both spoke in behalf of the application. Board Members discussed the question of alternative relief instead of the setback from the front property line, as requested. The applicant did not feel there was any location other than the location they have shown, but if the Board was able to locate it in an area that was feasible, they would accept alternative setback relief. After testimony, motion Pâge 4 - Minutes Regular Meèting held Octòuér 14, 1999 Southold Town Board of Appeals was made by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. 7:46 p.m. - 7:47 p.m. The Russo hearing #4752 was not held - the Board awaits Ch. 58 Notifications by applicant. 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; Parcel No. 1000-90-4-22. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to calendar and authorize publication of the Legal Notice for App!. No. 4752 - KATHRYN and MICHAEL RUSSO for a public hearing to be held 6:45 p.m. by the Board on November3,1999. Vote of the Board: Ayes: All (5-0). * * * III. PUBUC HEARING and DECISION: 7:48 - 7:52 p.m. App!. No. 4753 - PAUL and RUTHANNE CORAZZINI. Based upon a Notice of Disapproval dated September 10, 1999, a Variance under Article III, Section 100- 33 is requested for the location of an existing garage and pool-l both in a side yard area (yard designation modified due to the proposed location of a dwelling addition), at 3120 Albertson Lane, Greenport, NY; Parcel No. 1000-52-4-1.2. Paul Corazzini spoke in behalf of his application. After testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. See decision rendered at the end of the hearing (attached and incorporated into this set of Minutes). III. PUBUC HEARINGS, CONTINUED: 7:52 - 7:55 p.m. App!. No. 4754 - ROBERT AND ESTHER BADENHOP. A Special Exception is requested under Article III, Section 100-31B for approval of an Accessory Apartment in conjunction with owner's residence at 1100 South Drive, Mattituck, NY; County Parcel No. 1000- 106-12-4. Mr. Badenhop spoke in behalf of the application. After testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. 7:55 - 8:07 p.m. App!. No. 4755 - EDWARD AND AUDREY WETZEL. Based upon a Notice of Disapproval dated August 25, 1999, a Variance under Article XXIV, Section 100-244 is requested for the location of a proposed addition to dwelling with a front yard setback at less Pâge 5 - Minutes Regular Meéting held Octovèr 14, 1999 Southold Town Board of Appeals than the established 30 feet and less than 35 feet provided by the Bulk Schedule of the Zoning Code. Location of Property: 35 Second St., New Suffolkr NY; County Parcel No. 1000-117-10- 20.4. Mr. Wetzel (son) and Mr. Toronto (son-in-law) both appeared in behalf of the appHcation and submitted applicant's letter requesting relief from prior the prior 1972 ZBA conditions. Mr. and Mrs. Wetzel were away this week and agreed to a continuation at the Board's November 18r 1999 Regular Meeting. After testimony, motion was made by Chairman Goehringerr seconded by Member Totorar it was RESOLVED, to recess the hearing to Thursday! November 18r 1999. Vote of the Board: Ayes: All (5-0). 8:07 - 8: 11 p.m. Resolution. Motion was made by Member Tortorar seconded by Chairman Goehringerr and duly carriedr to take a short break. Vote: Ayes: All (5-0). 8: 11 p.m. Resolution. Motion was made by Member Tortorar seconded by Chairman Goehringer, and duly carried, to take a short break. Vote: Ayes: All (5-0). Member Horning left to return to Fishers Island by ferry. III. PUBLIC HEARINGr and DECISION: 8:11 - 8:13 p.m. Appl. No. 4756 - BRIAN WARREN. Based upon a Notice of Disapproval dated July 28, 1999r a Variance is requested under Article HIr Section 100-33 for an as-built accessory garage located in a side yard at 500 Deep Hole Driver Mattituckr NY; County Parcel No. 1000-115-12-6. Mr. Warren appeared and spoke in behalf of his application. After receiving testimonYr the Board deliberated and took action approving the application. Please see attached findings and determination. III. PUBLIC HEARINGSr continued: 8:13 - 8:20 p.m. Appl. No. 4757 - SCHEMBRI HOMES. Based upon a Notice of Disapproval dated September 20r 1999r a Variance is requested under Article IIIr Section 100-32, for a dwelling foundationr constructed under Building Permit No. 25863-Zr located at less than 50 feet from the rear property line. Location of Property: 625 Indian Neck Laner Peconicr NY; also known as Lot 24 on the Map of Richmond Shores; County Parcel No. 1000-86-1-4.24. Mrs. Joyce Barryr Assistant for Schembri Homes, spoke in behalf of the application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. Vote of the Board: Ayes: Goehringer, Dinizior Tortora, Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent during this hearing.) 8:20 - 9:20 p.m. Appl. No. 4749 - LESLIE WINDISCH. Based upon a Notice of Disapproval dated August 12, 1999r a Variance is requested under Article III, Section 100-31A.1 Påge 6 - Minutes Regular Meèting held Octo..~r 14, 1999 SouthoJd Town Board of Appeals for permission to alter accessory building from non-habitable to sleeping quarters (without cooking or kitchen facilities but with bathroom facilities) at 1375 Pine Neck Road, Southold, NY; Parcel No. 1000-70~5-39. Patricia C. Moore, Esq. appeared with Mr. Windisch. Opposing the application were: Mr. Lawrence Sidaris. Mrs. Christina Rivera had questions about sleeping facilities in accessory buildings in general. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing until November 18, 1999 for a continuation. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent during this hearing.) This Resolution was duly adopted (4-0). 9:20 - 9:40 p.m. Appl. No. 4751 - W. HOWELL AND R. PATTON. Based upon a Notice of Disapproval dated September 10, 1999 and Article III, Section 100-31A.l: (a) an Interpretation is requested to determine whether or not bathroom facilities in an accessory building creates a second dwelling, and (b) a Variance, if necessary for approval of bathroom facilities in accessory building (without sleeping or habitable quarters). Location of Property: 15825 Main Road, Orient, NY; County Parcel No. 1000-18-3-15. J. Kevin McLaughlin, Esq. appeared with Mr. and Mrs. Robert Sorenson, builder, for the applicants. Mr. David Saland was present and spoke briefly. (No opposition was submitted.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly adopted (4-0). 9:40 p.m. Appl. No. 4758 - RONALD AND VICTORIA JOHNSON. Based upon a Notice of Disapproval dated September 22, 1999, a Variance is requested under Article III, Section 100-33 for a proposed location of an accessory horse shed in a side yard at 510 Tallwood Lane (ROW off wls Cox Neck Lane), Mattituck, NY; County Parcel No. 1000-113-07-19.27 (p/o 19.14). Mrs. Victoria Johnson appeared and spoke in behalf of her application. (No opposition was submitted.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent during this hearing.) End of Public Hearings. * * * II. DELIBERATIONS/DECISIONS. Approval with Conditions: Appl. No. 4754 - R. AND E. BADENHOP. (Please see attached findings and determination, the original of which is to be filed with the Town Clerk's Office pursuant to New York Town Law.) Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara 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, DELIBERATIONS, DETERMINATION OCTOBER 14, 1999 Appl. No. 4702 - DAN AND MADELINE ABBOTT 1000-37-4-14 & 15 Location of Property: 355 and 435 Pine Place, East Marion Date of Hearing: June 24, 1999; July 22, 1999; September 30, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property (referred to here as Lot 14) is a vacant parcel on the north side of Pine Place in East Marion. It contains 9216.5 sq. ft. according to a survey dated March 18, 1999 by Joseph Ingegno, L.S. The property with which Lot 14 is deemed merged is SCTM1000-37-4-15 (Lot 15), which is located immediately east of Lot 14, contains 9170.2 sq. ft. and is improved with a single-family house. BASIS FOR APPEAL: The Building Inspector's February 11, 1999 Notice of Disapproval states that "Pursuant to Article II, Section 100-25A, parcels have merged being held in common ownership at any time since July 1, 1983." RELIEF REQUESTED: Applicant requests a waiver of merger for Lot 14, pursuant to section 100-26 of the Code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant and his late wife purchased Lot 15 in 1953 and Lot 14 in 1958. The tax stamps on the deeds indicate the purchase prices were $3850 and $4400 respectively. (2) From the time of purchase, each lot was held in the names, each lot was held in the names of both husband and wife, and there was no attempt to establish separate ownership. Because Lots 14 and 15 are both nonconforming in size, they merged pursuant to Section 100-25 of the Code. Applicant now wishes to sell the property on the basis that Lots 14 and 15 are separate parcels and that Lot 14 is legally buildable (assuming applicable setback and other requirements can be met). (3) Applicant presented testimony from a real estate broker that the property was to have been offered at about $495,000 on the basis that Lot 14 is buildable, but that if the Lots remain merged thê market price could be on the order of $100,000 less. However, this testimony must be judged in light of the total original purchase price of Page 2 - October 14, 1999 Appl. No. 4702 - D. and M. Abbott (1000-37-4-14 + 15) Southold Town Board of Appeals $8250 for the two lots¡ which means that applicant has a capital gain of near $400¡000 even if the Lots remain merged. (4) Lots 14 and 15 give the appearance of being a single property of nearly a half acre in size. Waiver of the merger would allow the construction of a home on Lot 14, adding to the crowdedness of an already crowded neighborhood. (5) Although there are lots in Gardiners Bay Estates that are of similar size to Lot 14, many lots in the neighborhood are larger. The requested Waiver would recognize a lot that, on balance, is small relative to properties in the neighborhood. (6) The surface contours of Lot 14 are significantly irregular, with a substantial slope toward the west, and it appears that construction on it would require significant change in the natural details¡ character and contours of the land. RESOLUTION/ACTION: On motion by Member Collins¡ seconded by Member Tortora¡ it was RESOLVED¡ to DENY the requested waiver. VOTE OF THE BOARD: AYES: Members Goehringer¡ (Member Dinizio was absent during this resolution.) This (4-0). /- GERARD P. GOEHRI GER CHAIRMAN For Filing about 10/20/99 /" //. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A.. Tortora Lara 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 SOUTH OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 14, 1999 Appl. No. 4754-SE: ROBERT AND ESTHER BADEN HOP 1000-106-12-4 STREET & LOCATION: 1100 South Drive, Mattituck DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is known as Lot Nos. 5,6, 7 and 8 on the 1910 Map entitled, "Bay View Park owned by Clara B. Miller." The parcel consists of approximately 32,900 sq. ft. in area with 140 ft. frontage along an private right-of-way extending from South Drive known as 'Bell Þath' and 230 or more feet along 'Canoe Path,' in Mattituck. The property is improved with a one-story/two-story wood frame residence and accessory garage. BASIS OF APPLICATION: Applicants are requesting a Special Exception pursuant to Article III, Section 100-31, subsection B-13 for approval of an" Accessory Apartment" use within the footprint of applicant's existing principal residence. BOARD FINDINGS: In considering this application, the Board has reviewed the requirements set forth pursuant to Article III, Section 100-31B-13 for the Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment is located within the footprint of applicants' dwelling. 2. The Accessory Apartment is subject to a Certificate of Compliance issued by the Town Building Inspector with respect to all other rules and regulations pertaining to occupancy, as well as the N.Y.S. and local Building and Fire Codes. . 3. Mr. andf Mrs. Badenhop, the applicants herein, have through their attorney submitted a copy of their current deed indicating that they are owners of this property. The deed was recorded April 1, 1980 in the Office of the Suffolk County Clerk. The owners of the dwelling plan to continue occupancy of one of the dwelling units as their principal residence. 4. Applicants have submitted the following information with regard to floor area: (a) the existing principal building contains a total of 2,414 sq. ft. (b) the Accessory Apartment will be 814 sq. ft. of floor area; (c) the remaining floor area for the owners residence is 1,438 sq. ft. with 1,600 square feet on the first floor. 5. The Accessory Apartment meets the' code required 450 minimum livable area and contains 814 sq. ft. of livable floor area. Page 2 - October 14, 1999 ZBA Appl. No. 4754 (Baden hop) Parcel 1000-106-12-4 at Mattituck 6. The 814 sq. ft. Accessory Apartment comprises 33.7% of the total 2,414 sq. ft. area of the existing building and therefore does not exceed the code limitation of 40 percent for an Accessory Apartment. 7. The applicant's plans comply with the on-site parking requirements and provide for a total of three parking spaces as a minimum: two for the principal use and one for the Accessory Apartment. 8. The applicants show conformity in meeting the requirements for a dwelling unit as defined in 100-13 of the Zoning Code. 9. The plans indicate that exterior entry to the Accessory Apartment of the existing building will retain the appearance of a one-family dwelling. 10. The existing building has a valid Certificate of Occupancy issued prior to January 1984 as required. Certificate of Occupancy No. Z-3462 was issued April 18, 969 for a private one-family dwelling. 11. In addition, the applicants have agreed to comply with Section 100-31B g, j, k, I, n, 0, p, and q. 12. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the Accessory Apartment use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and Page 3 - October 14, 1999 ZBA Appl. No. 4754 (Badenhop) Parcel 1000-106-12-4 at Mattituck overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the Special Exception for an Accessory Apartment as applied for, and pursuant to the Conditions of the Code listed at Section 100-31B(13). VOTE OF THE BOARD: AYES: MEMBERS Goehrin of Fishers Island was absent during this resolu' . mber Horning opted (4-0). ./ /GERARD P. GOEH For Filing 10/19/99 y Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning ~ f~'\;JI~ ::::I ;..t. Q . en ë: 'ð ~ +. .. ~ ~O./ . i-~~/ ~~7-' BOARD OF APPEALS . TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION OCTOBER 14, 1999 MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southaid, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 , APPEALS BOARD MEMBER~ Appl. No. 4753 - PAUL AND RlITHANNE CORAZZINI STREET & LOCALITY: 3120 Albertson Lane, Greenport 1000-52-4-1.2 DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 3.025 acres 200 ft. frontage along the Albertson Lane in Greenport. The property is improved with a two-story frame dwelling with attached garage, and accessory frame garage and accessory swimming pool with deck structure located in the required current rear yard location. BASIS OF APPLICATION: Building Department's September 10, 1999 Notice of Disapproval denying a permit to locate an addition onto the rear of applicants' house, for the reason that the addition "places the existing pool and garage into newly created side yards/, contrary to the requirement of Code Section 100-33 that accessory structures be in a rear yard. VARIANCE RELIEF REQUESTED: Applicants are requesting a variance which would allow issuance of a building permit for construction of the house addition, as proposed. 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) The locations of applicants' existing house, garage and pool are such that the only reasonable way to expand the house is by adding to the rear. Because such an addition will lengthen the side yards and shorten the rear yard, applicants cannot expand their house without a variance allowing the existing accessory structures to be in the side yards. 2) Applicants' garage and pool were built in 1995 and 1991, respectively, and are eStablished elements of the site. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the location, appearance and use of these structures will not change, although they will technically be in the side yards, not the rear yard. 3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4) Grant of the requested variance is the minimum action necessary and adequate to enable Applicant to expand his house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - October 14, 1999 ZBA Apþl. No. 4753 - P. and R. LOrazzini Parcel 1000-52-4-1.2 at Arshamomaque In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of an addition to their dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. BOARD ACTION/RESOLUTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara 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 "0- APPEALS BOARD MEMBEr~· Appl. No. 4745 - MARY JO PETERS (ORR) 1000-128-1-15 STREET & LOCATION: 5035 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 6)75 sq. ft, with 65 ft. frontage éllong Peconic Bay Boulevard and depth of 95 feet. The November 18, 1970 Young & Young survey shows an existing one-family, 1-1/2 story frame house and "as builtlf open deck addition. The dwelling has a preexisting 36 ft. rear yard setback which is nonconforming in this R- 40 Zone District. BASIS OF APPLICATION: Building Inspector's June 24, 1999 Notice of Disapproval disapproving an application for a building permit for an "as built" open deck at the rear of the existing dwelling. The reason stated for the Disapproval is because under Article III-A, Section 100-30A.3 the proposed deck will exceed lot coverage 'of 1235 sq. ft. (20%) by 281 sq. ft. and the rear yard requirement is 50 feet. The applicant shows that the "as built" deck addition reduces the dwelling's 36 ft. rear setback to 18 feet. AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance for the "as built" 18 ft. by 22 ft. open deck at the rear of the dwelling with a rear yard setback at 18 feet and total lot coverage of 1516 sq. ft., or .2455%. (No other areas are noted in the Notice of Disapproval for Board jurisdiction.) 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. There are at least eight lots of similar size located in the immediate area on the north side of Peconic Bay Boulevard which lend to the difficulties in meeting the code requirements for setbacks and lot coverage. For this reason, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Open decks are enjoyed by others in the area. 2. The benefit sought by Applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance. Alternatives have been considered. Any alternative would require a variance because the lot is preexisting (prior to 1957) with a substandard lot area of 6,125 sq. ft. (15.3% of 40,000 sq. ft. lot area for an R-40 Zone). 3. There are no factors to suggest that grant of this variance will have an adverse effect or ¡ " Page 2 - October 14, 1999 ZBA Appl. No. 4745- Mary Jo Peters Parcel 1000-128-1-15 at Laurel impact on physiæ/ or environmental conditions. 4. The difficulties have been self created beæuse applicant did not obtain a building permit. 5. The grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the existing open deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/AmON: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for SUBJECT TO THE FOLLOWING CONDITIONS: 1) As agreed, Owner shall plant a hedge row of Niger Aborvitae along the rear property line at a minimum height of seven to eight feet; 2) As agreed, Owner shall continuously maintain hedgerow of aborvitae in good condition. VOTE C?F THE BOARD: AYES: Members Goehringer'"DiniZ¡¿::f,' , HO~in, anz. This ResoIullon was duly adopted (5-0). . . ../ ð /. ~ / ~I /~RARD P. GOEHRMG~, CHAIRMAN ' For Filing 10/19/99 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning \\ ~~fFal.t ~ 'WII~ &f§ ~ ;::) ;..c:. Q . en :e 'ð. ~ ~..~~ '-?ò~J.' BOARD OF APPEALS 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 APPEALS BOARD MEMBERS FINDINGS AND DETERMINATION REGULAR MEETING THURSDAY, OCTOBER 14,1999 Appl. No. 4739 - JOAN AND WILUAM RICH III 1000-25-2-20.17 (and ref 19.1) STREET & LOCAUTY: 1105 Orchard Street, Orient DATE OF PUBUC HEARING: September 30, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property is a corner lot with 253.24 feet tfontage along the west side of Tabor Road and 113.93 feet tfontage along the north side of Orchard Street, Orient. The parcel is improved with a swimming pool and a storage building. A survey dated February 2, 1990, submitted by applicant, shows a combined area of 48,408 sq. ft. which includes the subject lot and the adjacent lot to the west (1000- 25-2-19.1, which measures 80 feet along Orchard Street and 251.28 feet deep and is improved with a dwelling). The 1990 survey indicates that the line between the two lots is the "former property line." (Applicant in this application to the Board of Appeals states that the two lots are separate and not merged as one.) BASIS OF APPEAL: Notice of Disapproval dated July 28, 1999, denying a Certificate of Occupancy for the pool because it is not a permitted structure "pursuant to Article III Section 100-31 C.4 which states ... Garden house, tool house, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain ... subject parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal #2104 dated March 26, 1976 and have not merged." RELIEF REQUESTED: Although the Notice of Disapproval refers to a CO only for the swimming pool, the Board understands that applicant seeks COs for both the pool and the storage building, and that both are denied for the reason that such structures are pennitted only as accessories to a principal use, and there is no principal use on the subject property. Applicant states that he does not wish to merge the lots. The appeal presented to this Board does not expressly request a variance, but simply asks for issuance of the COs, presumably pursuant to this. Board's authority under Section 267 of New York '"'\ Page 2 - October 14, 1/::J9 ZBA Appl. No. 4739 - W. Rich 1000-25-2-20.17 Town Law to reverse decisions ofthe administrative official charged with enforcement of zoning laws. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant purchased lot 1000-25-2-19.1, improved with a dwelling and garage, in 1976, and lot 1000-25-2-20.17, which was then unimproved, in 1981. The two lots have been held in different names and have not merged. (2) In February 1990, applicant obtained Building Permit No. 18782 to construct a swimming pool and storage building on the easterly part of the property. Under Code section 100-31, such structures are permitted only as accessories to a principal residential use on a parcel. The building permit application appeared to request authorization to build the two structures on a single parcel that also contained the existing dwelling, making the two structures accessories: (A) the building permit application gave the lot size as 193.93 feet (tront), 191.74 feet (rear) and 250 feet +- (depth), which are the dimensions of lots 19.1 and 20.17 combined for a total area of 48,408 sq. ft.; (B) the building permit application gave the existing and intended uses of the premises as, respectively, "private one-family dwelling wi detached garage apart- ment" and "private one-family dwelling wi detached garage apartment, detached barn and swimming pool"; (C) the building permit application included a survey on which a line is shown between lots 19.1 and 20.17 and is denoted "former property line." (3) Certificates of Occupancy were not issued for the pool and storage building at the time the projects were completed. When applicant applied for the COs, the Building Inspector issued the Notice of Disapproval cited above, dated July 28, 1999. (4) Applicant states that the Building Department made a mistake in issuing Building Permit No. 18782 and that he relied on that Permit to build the pool and storage building, and he asks this Board to direct the Building Department to issue COs for the two structures. Applicant contends that unless the COs are issued, he will be harmed by his reliance on the Building Permit. However, the Board concludes that the Building Department issued Permit No. 18782 not in error but in the belief that the two lots had merged, and that this belief was reasonably based on the information submitted in the Building Permit application. Because that permit record showed the lots as merged, the Permit properly authorized construction of two accessory strqctures on the property with the existing dwelling as the principal residential under Section 100-31 C( 4). It would be .Page 2. - October 1 L,.. )99 ZBA Appl. No. 4739 - W. Rich 1000-25-2-20.17 inappropriate for this Board now to direct issuance of COs for those structures as located on the unmerged lot 1000-25-2-20.17 without a principal residential use. ADDITIONAL INFORMATION: (1) The swimming pool structure is not a permitted accessory use on a lot which does not contain a dwelling. Section 100-31C(4) of the Zoning Code states that Accessory Uses are permitted limited to the following: "Garden house, tool-house, storage building, playhouse, wading pool, swimmina Dool. or tennis court incidental to the residential use of the Dremises ..." (Emphasis added) (2) Swimming pools under Section 100-31C( 4) of the Zoning Code are permitted accessory to a principal residential use. (3) Applicant created his own difficulty by providing the "information" to the Building Department, for reliance in issuing a building permit, constructing a swimming pool 'and now, nine (9) years later, states that the building permit was not issued properly. The 1990 Building Permit record does confirm that the survey amended February 2, 1980 indicates a single lot area of 48,408 sq. ft., and the Applicant relied upon the same Building permit to construct the pool. (4) More than nine (9) years has passed since the Building Permit was issued (February 16, 1990). (5) Alternatives are available for applicant to pursue by: (a) Joining the two tracts of land, as submitted at the time of issuance of the building permit; or (b) make application for a Use Variance; or (c) remove the pool; or (d) build a principal dwelling use (after obtaining all permits). RESOLUTION! ACllON: On motion by Members Dinizio and Collins, seconded by it was RESOLVED, to DENY the request that this Board direct the issuance of Certificates of Occupancy for the swimming pool and storage barn located on lot 1000- 25-2-20.17. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent during this Resolution.) This Resolution was duly adopted (4-0). GERARD P. GOEHRINGER, For Filing October 28, 1999 .¡,. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara 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 MEMBE BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS and DETERMINATION REGULAR MEEITNG OF OCTOBER 14, 1999 Appl. No. 4756 - BRIAN WARREN Location of Property: 500 Deep Hole Drive, Mattituck Date of Hearing: October 14, 1999 1000-115-12-6 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's waterfront property consists of 23,030 sq. ft. in area with 100 ft. frontage along the west side of Deep Hole Drive, in Mattituck. The lot is improved with a one-story framer single-family dwelling situated 65. 3' from the front property line, and side yards of 33.2 feet at the south side and 15.6 feet from the existing garage. BASIS OF APPUCATION: Building Inspector's July 28r 1999 Notice of Disapproval denying a permit authorization for an existing accessory garage because it is in the side yardr contrary to Zoning Code Article IIIr Section 100-33 that accessory structures be in a rear yard area. AREA VARIANCE REUEF REOUESTED: Applicant requests a Variance for the 12'3" by 12r2r, accessory garager located to the north of the existing dwelling with a setback of 15.6 feet at its closest point~ The garage has existed for about 30 years in its present location but a review of building department records found no building permit application. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 28r 1999 denying authorization for an existing accessory garage because it is in the side yardr in violation of the requirement of Code section 100-33 that accessory structures be in the rear yard. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presentedr materials submitted and personal inspectionr the Board makes the following findings: (1) The garage was built about 1960 but a Certificate of Occupancy was never obtained. Applicant now seeks a CO in order to sell the propertyr which belonged to his late mother. Page 2 - October 14, 1" Appl. No. 4756 - B. Vvl1.1UŒN (1000-115-12-6) Southold Town Board of Appeals. (2) Because the garage already exists, applicant must either obtain a variance authorizing its location or suffer the trouble and expense of demolishing it. (3) The garage is an accessory because it is separated from the house by a patio. If instead it were structurally attached to, and part of, the house, the house-with- garage would satisfy the side yard setback requirement. For this reason, and because the garage has long existed in its present location{ grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the requested variance is the minimum action necessary and adequate to enable Applicant to market his property with the garage intact while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD ACTION/RESOLUTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent during this resolution.) This Resolution was duly adopted (4-0). ERARD P. GOEHRINGER, For Filing 10/19/99 Páge 7 - Minutes Regt!1lar Meeting held Oct(,~ j 14, 1999 Southold Town Board of Appeals (Other applications were carried over to the next meeting scheduled for November 3, 1999. W. Howell and R. Patton Variance was discussed by Board Members for possible approval with Condition(s) under draft form by the Assigned Member. Member Collins offered to draft wording of a condition for the November 3, 1999 meeting with regard to a prohibition of sleeping or habitable quarters, for the present and future owners.) * * * V. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES: A. Code Committee Meeting (none calendared) B. Inspections and reviews by Members regarding new applications. C. Minutes (none) D. Next Meeting: Wednesday, November 3, 1999 at 6:45 p.m. E. Discussion: Hearing Rules of Conduct. The Board Members discussed Hearing Rules of Conduct for future use briefly. VI. 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 10:20 p.m. Respectfully submitted, A,tta, chm" e~Zse De . i~ ~ . ¡!---/: /~~A.6r Filing 11/5/99 ~-p~ '-1/ _/J_/ . ~dAJ ~JþU~ Unda Kowalski 10/26/99 oard Secretary i RECEIVED AND FILED BY I i ¡ DATElrlS/99 H01JRd/S 1>"11 -I Î Town Clerk, r~,v{JJ. .........~_~~_..~....,. __"n>