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Home My WebLink AboutZBA-09/01/1999 SPEC "; {yt 8DbK ~ APPEALS BOARD MEMBERS v;.. ~UHOl.t ~ . ~I1~ ~~~ SoutholdT~wnHall Gerard P. Goehnnger, Chairman ((f. ~~~ '. . 53095 Mam Road James Dinizio, Jr. ~ ~ ~ P.O. Box 1179 Lydia A. Tortora . ~ ~ ~ Southold, New York 11971 Lora S. Collins ~Q~~~"" ~r; ZBA Fax (516) 765-9064 George Horning ~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING WEDNESDAY, SEPTEMBER 1, 1999 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, Septem- ber 1, 1999 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent was: George Horning, Fishers Island Resident (as agreed). 6:38 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: 1. SEQRA (no action was taken). The Chairman discussed updates at the Planning Board regarding the recent submission for site plan approval in the Matter of Lisa Jerome/Hart's Hardware at Southold. II. PUBLIC HEARINGS: (none). III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The Chairman indicated that Southampton Lumber will be held over a few minutes, following shortly after the following two pending decisions. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Denials with Conditional Grant of Alternative Relief: Appl. No. 4732 - Richard O'Toole. Pool location, Mattituck. Appl. No. 4730 - Carole Donlin. Carport location, Mattituck. , Page 2 - Minutes , Meeting held September 1, 1999 Southold Town Board of Appeals IV. RESOLUTIONS/OTHER ACTION: A. Code Committee sessions (none scheduled). B. Inspection appointment confirmed: September 4 at 9:30 a.m. - Thomson (advertised for 9/16 public hearing). C. RESOLUTION ADOPTED. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CANCEL the hearing previously calendared for September 16, 1999, in the Matten of the Application of Hirsch, and BE IT FURTHER RESOLVED, to re-calendar and authorize advertising of the following applications for Public Hearings to be held on SEPTEMBER 30, 1999, with appropriate Ch. 58 notices to be completed by applicants: 6:45 p.m. Appl. No. 4699 - Lisa Jerome (Hart's Hardware). 7:00 p.m. Appl. No. 4724 - Hirsch This Resolution was duly adopted (4-0). D. and E. RESOLUTION ADOPTED. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CANCEL the variance hearing previously calendared for September 16, 1999 in the Matter of Lieb Cellars former request for a variance. This Resolution was duly adopted (4-0). (This project recently obtained a formal Interpretation by the ZBA.) F. RESOLUTION ADOPTED. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to calendar and authorize advertising for public hearing new Appl. No. 4747 - D. Pfening for location of a storage building on a five- acre lot in Mattituck. This Resolution was adopted (4-0). Board Members asked that the building be staked or flagged where it is proposed. G. RESOLUTION ADOPTED - SEQRA: Appl. No. 4723 - SOUTHAMPTON LUMBER. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to re-CONFIRM for the record this variance project is determined "Unlisted" under the list of actions established in the New York State Environmental Quality Review Act, and to further determine a Neqative Declaration (No Known Adverse Effects on the Environment). Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) * * * Page 3 - Minutes Meeting held September lf 1999 southold Town Board of Appeals III. DELIBERATIONS, continued from page 1: Appl. No. 4723 - SOUTHAMPTON LUMBER. The Chairman asked whether any member wished to discuss Appl. No. 4723 - Southampton Lumber use variance project. Member Collins briefly stated the reasons why she favors granting a use variance. Member Dinizio made some additional comments in support of granting the variance, and asked if there were reasons for a possible denial so that they could also be considered. The Chairman indicated that reasons for a denial should be ready on or about 9/14 for deliberations on 9/16. Member Collins moved to grant the use variance, but the motion was not seconded. Two Board Members indicated a preference for a full board when deliberating, possibly discussing reasons for either action (approval and denial) before the end of the 62-day time limit (ending 9/22). The Chairman and Member Collins agreed to consult with the Town Attorney regarding a possible 10-day extension (for September 30th meeting) when a full Board was expected. No action was taken. * * * V. EXECUTIVE SESSION (none held). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 7:25 p.m. Respectfully submitted, ~ _. .4 AF~~" ~r&'~ki 9/7/99 Board Secreta ry RECEIVED AND FILED BY 1 THE SOUTHOLD TO'ViTN CLERK r I DATE;o /7 /77HOUR 9,'OO/fA: I c:Jl AfdJ-t2 ~udJ. : ./ $.. ~ _. - ' /f,.. ;: , ,.~ ,~.",".. . . / ~ t 1 ' ,- ~ I Town Clerk. Town of ~ ; , ... _.... J.j "'{ , APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD SEPTEMBER 1, 1999 Appl. No. 4730 - CAROLE DONLIN 1000-114-12-8 STREET & LOCATION: 910 New Suffolk Ave, Mattituck DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 20,587 sq. ft. in area with 60 ft. frontageaJong the southerly side of New Suffolk Avenue, Mattituck. The lot is improved with a single-family dwelling situated 38 feet from the front property line and 12 ft. setbacks on each side, for an existing total (combined sides) at 24 feet. . BASIS OF APPLICATION: Building Inspector's May 6, 1999 Notice of Disapproval citing Article IlI- A, Section 100-30A.3 and 100-244B of the Zoning Code with respect to a proposed 12 ft. by 20 ft. carport at the west side of the existing dwelling with a setback of one foot instead of the Code- required 15 feet, and total combined sides at 13 feet instead of 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 12 ft. carport at the west side of the existing dwelling with a setback of one foot and a combined setback of 13 feet. (No other areas are noted in the Notice of Disapproval, which is the basis of applicant's request.) 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 alternative relief in this area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties the setbacks at the very least would be three ft. from any property line when locating a detached structure for parking or storing of owner's vehicle. A setback of one ft. is virtually at the property line and would not be in keeping with other buildings located in the immediately vicinity. 2. The benefit sought by applicant can be achieved by some method, feasible for appellant to pursue, other than the setback of one ft. An alternative minimum setback of three feet may be achieved for a carport for owner's vehicle. 3. The requested area variance at a one-ft. setback from property line is substantial and represents a 93 percent reduction from the code requirement from 15 feet. The combined total is substantial with a 37% reduction from the code requirement. 4. No evidence has been submitted to show that the proposed carport would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The Page 2 - September 1, 1999 ZBA AppL No. 4730 - Carole Donlin Parcel 1000-114-12-8 at Mattituck owner's driveway and parking of her vehicle exists at the location of the proposed carport. 5. The difficulty has not been self-created. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to DENY applicant's request for a one-ft. setback, and BE IT FURTHER RESOLVED~ to GRANT Alternative Relief for a minimum three-ft. setback from the side property line, SUBJECT TO THE CONDITION that the carport remain open on three sides. VOTE OF THE BOARD: AYES: duly adopted (4-0). ____,_._________.__~__..~_...__._._,.._.~_____".."_~n._._.,_,----...----._--------.-....-...-~'--___,_,__,_-.--_-...--...--..--~--.- .-----....-----..------,-----...------.-- - -----..------.----,---.-------... --- ----- '-,------" -- AfPEtALS BOARD MEMBERS . J-;y-~_.::22:Z2::G;~, . ,Iii 'l.\}fFOL,f ~~S V~.' Southold Town Hall ,j~ <::;: ~ Gerard P. Goehringer, Chairman 'I" ~\;\ 53095 Main Road James Dinizio, Jr. ~i5 "'t P.O. Box 1179 ~ en ,.. ~. Lydia A. Tortora l\Jo':: ~, Southold, New York 11971 \, i::>. ~ ,\' Lora S. Collins " ~ ~ ~. ZBA Fax (516) 765-9064 ~ ~ !is p George Horning ~ ~ + ~.:s 1'/ Telephone (516) 765-1809 ~.~;c~"'~ BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1,1999 Appl. No. 4732 - RICHARD O'TOOLE 1000-122-4-10 STREET & LOCATION: 2280 Ole Jule Lane, Mattituck DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT .- .- PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 17,500+- sq. ft. in area with 125 ft. frontage along the westerly side of Olejule Lane and a depth of 210 feet along the northerly side property line and 200 feet along the southerly side property line, in Mattituck. The lot is improved with a single-family dwelling situated 44.4 feet from the front line along Olejule Lane, 12.8 feet from the southerly property line and 78+- feet from the bulkhead at its closest point. BASIS OF APPLICATION: Building Inspector's July 1, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4B of the Zoning Code for an application to build a 20 ft. by 40 ft. in- ground swimming pool within 75 feet of the bulkhead. AREA VARIANCE RELIEF REOUESTED: Applicant requests a Variance for a 20' x 40' in-ground swimming pool in a location shown on the Ehlers survey of August 17, 1999, as follows: East side parallel to easterly property line at a distance of 21 feet. South side parallel to the rear wall of the house at a distance of 34 feet; closest point to the bulkhead at southwest corner of the pool at a distance of 22 feet measured on a line perpendicular to the bulkhead. (No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) 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 shape of applicant's yard and location of the house result in there being no room for a pool that satisfies the requirement for a 75-ft. setback from the bulkhead. Thus, applicant needs a variance in order to construct a pool of any sort. 2. The requested variance, for a setback of only 22 feet at the closest point to the bulkhead, is substantial. However, at the hearing of August 18, 1999, applicant indicated a willingness to consider alternative locations. 3. Grant of the relief set forth below will not produce an undesirable change in the Page 2 - September 1, 1999 ZBA Appl. No. 4732 - R. OToole Parcel 1000-122-4-10 at Mattituck character of the neighborhood or detriment to nearby properties because any pool constructed will have to be in a location that is fairly close to the house, not prominently visible to the neighbors and not visible from the street. 4. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental considerations. 5. ~he grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to have the benefit of a pool 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 Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and to GRANT ALTERNATIVELY a variance authorizing construction of an in-ground pool located no less than 40 feet from the bulkhead at the closest point, such measurement to be taken on a line perpendicular to the bulkhead and running to the edge of the pool, or, if there is any raised border around the pool, to the edge of such raised border. ADOPTED (4-0). -- "------ --- - - ---- _.______...._____n_._ ----