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HomeMy WebLinkAboutZBA-05/10/2000 SPECAPPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall - 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES SPECIAL MEETING WEDNESDAY, MAY 10, 2000 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 Wednesday, May 10, 2000 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, Board Clerk Absent was: George Homing, Member. 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded as follows. I. DELIBERATIONS/DECISIONS (carryovers from previous meeting): Approvals with Conditions: Appl. No. 4796 - PON and SUSAN MELAMUD. Pool location in a yard other than rear yard. Location of Property: ROW extending off the North side of Main Road, East Marion. Appl. No. 4801 - NANCY WEBER. Proposed pool at less than 100 feet from the average top of the bluff at 160 The Strand, East Marion; 1000-21-5-7. Approvals: Appl. No. 4814 - RONALD, AND ANNE WILSON. Applicants are requesting a Variance under Article XXIV, Section 100-244, based upon an application for a building permit to construct additions which will exceed the :~20% lot coverage limitation. A January 20, 2000 Notice of Disapproval was issued by the Building Department which indicates that the combined lot coverage is 23.80+- percent. 'Location: 1330 Gillette Drive, East Marion; 1000-48-2-14. Page 2 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals Appl. No. 4815- GEORGE GARBE. This is a request fora Variance based upon the Building Inspector's March 12, 2000 Notice of Disapproval in applicant's request for a building permit for an "as built" accessory shed. The reasons noted are that the shed is located in a side yard with a setback at less than three feet on this 15,240+- sq. ft. lot. Location: 685 Osprey Nest Road, East Marion; 1000-35-6-27. Approvals, continued: Appl. No. 4810 - JOEL BRAVERMAN. Applicant is requesting a Special Exception to establish an Accessory Apartment use in conjunction with owner's residence as provided by Article III, Section 100-31B(13). Location of Property: 5700 Alvah's Lane, Cutchogue; Parcel No. 1000-101-2-18.4. Appl. No. 4817 - JESSICA BOGER, requesting an Accessory Apartment in owner's existing single-family residence as provided under Article Ill-A, Sections 100-30A.2 (B-l) and 100-31B-13. 270 Gagen's Landing Road, Southold; 1000-70-10-18. Appl. No. 4811 - CLIFFORD CORNELL. A Variance is requested under Article IliA, Section 100-30A.4, and Article XXIII, Section 100-230F, based upon the February 3, 2000 Notice of Disapproval regarding a building permit application to locate a proposed garage as an accessory in the side yard. Location: Right-of-way north of North Bayview Road (to the east of Reydon Drive), Southold, NY; Parcel 1000-79-5- 20.8. Appl. No. 4812 - DIANE SMITH and GEORGE ALEC requesting a Variance under Article XXIII, Section 100-239 based upon the Building Inspector's March 22, 2000 Notice of Disapproval which states that the lots proposed in this two-lot subdivision are less than 80,000 sq. ft. when the land under water is subtracted. The lots proposed are 73,677 sq. ft. and 79,302+- sq. ft. each when the land underwater is subtracted. Location: 22445 Main Road, Cutchogue; Parcel 1000-109-1-7. Denials with Grant of Alternate Relief: Appl. No. 4806 - THOMAS GURNEY. Applicant is requesting a Variance under Article XXIII, Section 100-239.4A.1 based upon an application for a building permit to construct a swimming pool and as-built hot tub/spa, as stated in the Building Department's March 9, 2000 Notice of Disapproval. Both structures are proposed at Page 3 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals less than 100 feet from the bluff or bank of the L.I. Sound, and the spa structure is in a side yard location with less than 20 feet from the property line. Location: 4055 Aldrich Lane Extension, Mattituck; Parcel No. 1000-112-1-10. II. PUBLIC HEARINGS continued from May 4, 2000 hearings: 7:03 - 7:24 p.m. BELVEDERE PROPERTY MANAGEMENT LLC (Owner: Robins Island Holdings, LLC.), located at 380 First Street, New Suffolk, NY; Parcel 1000-117-8-19. Zone District: Marine-II. Applicant is requesting: (1) Appl. No. 4809 - a Special Exception under Article XII, Section 100- 121B(2) to construct new building and establish uses incidental to a private ferry terminal use (existing) for transportation to and from Robins Island from this 21,407 sq. ft. parcel; and/or an Interpretation that a Special Exception is not necessary; and (2) Appl. No. 4822 - Variance based upon the Building Inspector's March 28, 2000 Notice of Disapproval, for the reason that the new building, to be used for offices incidental to a private ferry terminal, is shown at less than 15 feet from the side property line, which is not permitted under Article XXIV, Section 100-244B. Kevin Law, Esq. and Daryl Volinski both spoke in behalf of the application. During this hearing, a new construction diagram was submitted for a building smaller in size and height than the original building design. After receiving testimony, the chairman offered a motion to close the hearing, seconded by Member Dinizio, and duly carried (4-0). (Please see written transcript of verbatim testimony prepared under separate cover and written information submitted into the record for updates since the filing of the application.) 7:24 - 8:18 p.m. Appl. No. 4818 - CHRIS AND JAMES MESKOURIS by Christina Rivera, as agent. Applicants request a Variance as stated in the Building Inspector's Notice of Disapproval (as Amended) which states that proposed construction on non-conforming lot is not permitted under Article XXIV, Section 100-244B due to the minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary, creating front yard on that frontage. Setback on that frontage proposed at 20 feet." 675 Summit Drive, Mattituck; 1000-106-1-47. Christine Rivera spoke in behalf of the applicants. Opposing the application was Mr. and Mrs. Koch, abutting property owners, with their attorney, Patricia Moore. Speaking in behalf of the abutting property owners (Koch) was Joseph Fischetti, P.E. (Please see written transcript of verbatim testimony prepared under separate cover and written information submitted into the record since the filing of the application for updates.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Page 4 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals Member Tortora, and duly carried, to RECESS the hearing for a continuation on June 8, 2000. This Resolution was duly adopted (4-0). SHORT BREAK. A breakwas taken from 8:18- 8:28 p.m. 8:28 p.m. MEETING RECONVENED. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to reconvene the meeting. 8:29 p.m. Appl. No. 4816 - VEDA DALEY. This is a request for a Special Exception to establish Accessory Bed and Breakfast use in conjunction with owner's residence, as provided under Article III, Section 100-30B(14) of the Zoning Code. Location: 8900 Main Road, East Marion; 1000-31-8-1.1. Mrs. Veda Daley appeared with her husband, William Joseph and testified in behalf of their application. Opposing the application were an abutting neighbor, Michael Catrone, and neighbors Louise Krendell and Barbara Marie Smith. After receiving testimony, the Chairman offered a motion to close the hearing, seconded by Member Collins, and duly carried (4-0). (Please see written transcript of verbatim testimony prepared separately and written information submitted into the record for updates since the filing of the application.) This Resolution was duly adopted. III. OTHER DELIBERATIONS/DECISIONS: Approvals: Appl. No. 4819 - J. WOLF. This is a request for a Variance under Article III, Section 100-32 (100-30A.3) for the rear yard setback of an "as built" foundation on Lot 11 at Sunny Shores, East Cutchogue at less than 50 ft. on this 20,100 sq. ft. parcel. Corner of Wilson Road and Beebe Drive, Cutchogue; 1000-103-4-46. Appl. No. 4805 - WILLIAM MOLLER. Applicant is requesting a Variance under Article Ill-A, Section 100-30A.3 based upon an application for a building permit to construct an addition as stated in the Building Department's February 11, 2000 Notice of Disapproval. The proposed addition is less than 50 feet from a front property line near Old Cove Road. 2530 Vanston Road, Cutchogue; 1000-111-5-3. Approvals with Conditions: BELVEDERE PROPERTY MANAGEMENT LLC (Owner: Robins Island Holdings, LLC.), located at 380 First Street, New Suffolk, NY; Parcel 1000-117-8-19. Zone District: Marine-II. Applicant is requesting: (a) Appl. No. 4809 - a Special Exception under Article XII, Section 100-121B(2) to construct new building and establish uses incidental to a private ferry terminal use (existing) for transportation to and from Page 5 - Minutes Hay 10, 2000 Special Meeting Southold Town Board of Appeals I~ECE!VED ~ ~ ?~ ED BY THE SOb'i ~.. Town Clerk. Robins Island from this 21,407 sq. ft. parcel; and/or an Interpretation that a Special Exception is not necessary; and (b) Appl. No. 4822 - Vadance based upon the Building InspectoCs March 28, 2000 Notice of Disapproval, for the reason that the new building, to be used for offices incidental to a private ferry terminal, is shown at less than 15 feet from the side property line, which is not permitted under Article XXIV, Section 100-244B. Denial with Grant of Alternative Location: Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Vadance u~nder Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the rear yard. 2225 North Sea Drive, Southold, NY; Parcel 1000-54-4-23. IV. OTHER RESOLUTIONS/MISCELLANEOUS: A. New Applications pending reviews were furnished to Board Members. B. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, to calendar new applications filed in complete form for Thurs., June 8, 2000 and cancel the meeting previously scheduled for June 1, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). C. RESOLUTION: Motion was offered by Chairman Goehdnger, seconded by Member Dinizio, to approve the Minutes of April 19, 2000 Special Meeting.. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). D. Code Committee Review Session(s) (none). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:05 p.m. yApproved - Gerard P. Goel~ringer, Cyman Respectfully submitted, Linda Kowalski 6/1/00 :3:~'' Gera~ Goehringer, Chairman -James Diniz~, Jr. Lydia A. Tortora Lora S. Collins George H~rning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 10, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~BA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4817 - JESSICA BOGER Street & Localit% 270 Gagens Landing Road Southold 1000-70-10-18 Date of Public Hearing: May 4, 2000 REQUEST MADE BY .APPLICANT; Applicant-owner is requesting a Special Exception pursuant to Article Ill, Section 100-31B, sub-section 13 of the Zoning Code, to establish an Accessory Apartment within the existing prind~pal building (dwelling as applicant's residence) as indicated on the sketched plans submitted with this application. PROPERTY DESCRIPTION.: This property is 15,500+- sq. ft. in total area with 100 ft. frontage along Gagen's Landing Road with a lot depth of 125.47 ft. (along the south side line). The property is improved with .a one-story, single-family dwelling, owned and occupied by the applicant, Jessica Boger as her residence. The September 15, 1980 survey shows the dwelling at 39.5 feet from the front property line, 13 feet from the north side line, 17.5 feet from the south side line. FINDINGS: In considering this application, the Board has reviewed the code. requirements set forth pursuant to Article III, Section 100-31 B(13) to establish an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment would be located in the principal building. 2. Jessica Boger, the applicant herein, has submitted a copy of her current deed indicating that she is the owner of the subject property. The deed was recorded July 8, 1997 in the Office of the Suffolk County Clerk. The owner of the existing dwelling plans to occupy one of the dwelling units as her pdncipat dwelling, 3. The existing dwelling contains a total of 1780+- sq. ft. of livable floor area and meets the code required minimum 1600 sq. fL of livable floor area. 4. The Accessory Apartment meets the code required 450 sq. ft. minimum livable floor area and would contain 480 sq. ft. of livable floor area. 5. The 480 sq. ft. Accessory Apartment does not exceed 40% of the existing dwelling livable floor area. 6. The applicant's plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces,, two for the principal use and one for the Accessory Apartment, and a proposed circular driveway. APPEALS BO~,-~RD MEMBERS ~?Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEACS TOVqN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 10, 2000 Southold Town Hall ~: ~095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4810 - JOEL BRAVERMAN STREET & LOCALITY: 5700 AIvah's Lane, Cutchogue DATE OF PUBLIC HEARING: May 4, 2000 1000-101-2-18.4 FINDINGS OF FACT REQUEST MADE BY APPLICANT: This is a request for a Special Exception to establish a propoSed Accessory Apartment in applicant-owner's principal residence as provided by Article III, Section 100-31B, subsection 13 of the Southold Town Zoning Code. PROPERTY DESCRIPTION: This property is 49,087.628 sq. ft. in total area with 241.52 ft. frontage along Alvah's Lane. The property is improved with a one and one-half story, single- family dwelling, owned and occupied by the applicant, Joel Braverman, as his residence. The January 2; 1998 survey shows the dwelling almost at center between the side property lines, and at 47.5 feet from the front property line. A garage exists partly in the side yard and rear yard, and two accessory buildings are located in the rear yard. ADDITIONAL INFORMATION: On March 9, 1998 a Pre=Existing Use Certificate of Occupancy No. Z25580 was issued for a pdvate one-family dwelling with three accessory structures. The applicant has provided a parking area for three. (3) cam, on site (within the property lines). FINDINGS: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-31B(13) to establish an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted belo~ 1. The Accessory Apartment would be located in the principal building. 2. Joel Braverman, the applicant herein, has submitted a copy of his current deed indicating that he is the owner of the subject property. The deed is dated Apdl 17, 1998 and was recorded at Liber 11890 page 700 in the Office of the Suffolk County Clerk. The owner of the existing dwelling plans occupy one of the dwelling units as his principal dwelling. 3. The existing dwelling contains a floor area minimum of 1600 sq. ft. as required. 4. The Accessory Apartment meets the code required 450 sq. ft. minimum livable floor area and would contain 480 sq. ff. of livable floor area. Page 2 - May 10, 2000 Re: SE #4810 - Accessory Apartment Joel Braverman 1000-101-2-18.4 (Cutchogue) 5. The 480 sq. ft. Accessory Apartment does not exceed 40% of the existing dwelling livable floor area. 6. The applicant's plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, and a proposed circular driveway. 7. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 8. The plans indicate that extedor entry to the Accessory Apartment of the existing one-family dwelling will retain the existing appearance of a one-family dwelling. 9. The existing building has a valid Certificate of Occupancy issued pdor to January 1984 as required. 10. Certificate of Occupancy No. Z-25580 was issued Mamh 9, 1998 for a pdvate one-family dwelling with three accessory structures. 11. In addition, the applicant has agreed to comply with Subsection 100-31B(13), subsections g, j, k, I, n, o, p, and q of the Zoning Code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following Findings of Fact to be true and relevant: 1) This use as requested is reasonable in relation to the Distdct in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use, incidental to the residence of the owner in this dwelling, and will not prevent the ordedyand reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent ordedy and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 5) This'zoning use is authorized by the Zoning. Code through the Board of Appeals, as noted herein, and a Certificate for Occupancy from the Building Inspector will be a requirement before an Accessory Apartment may be occupied. Page 3 - May 10, 2000 Re: SE ¢.~,810 - Accessory Apartment Joel Braverman 1000-101-2-18.4 (Cutchogue) 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the application for an Accessory Apartment in conjunction with applicant- owner's residence as applied for. VOTE OF THE BOARD: Ayes: Members~-~r~oehri. pge,r.~Chairman), James Dinizio, Jr., Lydia A. Tortora, and Lora S. Collins. ~.(l~embe.~Rorni.,r~g/bf Fi~s~l~d was absent.) This GERARD P. GOEHRING'-ER, CHAirMAN ,~./For Filing about May 17, 2000 / APPEAI_~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 South01d, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEmliNG OF MAY 10, 2000 Appl. No. 4811 - Mr. and Mrs. Clifford Cornell STREET & LOCATION: 10946 North Bayview Road, Southold DATE OF PUBLIC HEARING: May 4, 2000 1000-79-5-20.8 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' properly is located at the north end of a pdvate fight-of- way which extends from North Bawiew Road in Southold. The property is vacant and is shown as Lot #1 on the Map of"Plock Shellf~her Preserve" with a lot size of 2.17 acres. BASIS OF APPLICATION: Building Inspector's February 3, 2000 Notice of Disapproval for the reason that the garage will be located as an accessory building in a side yard when attached to the dwelling with a 14' x 22'7" portico. (Attachments of garages are permitted by an 8' x 10' breezeway in this location.) AREA VARIANCE RELIEF REOUESTED: Applicants are proposing a 24'5" x 26'5" garage in a side yard attached by a 14' x 22'7" portico. The use of the garage will be as an accessory use for storage and parking purposes incidental to the residential zoning of the property. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: 1. Grant of the area vadance will not produce an undesirable change in the character of the neighborhood or a detdrnent to nearby properties. Applicant proposes to construct a new dwelling with an accessory garage attached to the dwelling by a porte-cochere, or roof-covered portico to be used for vehicles to drive through and park or access the garage. The proposed side yard location is 70 feet to the nearest property line and the vadance will have no impact on nearby properties. 2. The benefit sought by the applicant cannot be achieved by some. method, feasible for the applicant to pursue, other than an area variance. Normally, accessory garages are permitted to be attached to the principal dwelling and would be conforming in this side yard location if the connected structure is a breezeway. The porte-corchere, however, does not conform to the code definition of a breezeway and the applicant has no other relief except a variance for this side yard location. 3. The area-variance is not substantial. The new dwelling and accessory garage will maintain the overall appearance of a single-family dwelling and attached garage. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the property is large, 2.17 acres, and the proposed side yard location of the accessory garage conforms to the set back requirements for principal structures. In considering this application, the Board deems this action to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a porte-con:here, while preserving and prot~lJng the character of the neighborl3, ood and the health, safety and welfare of the community. APPEALS BOARD MEMBERS ~erard E 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 MAY 1,0, 2000 Appl. No. 4815 - GEORGE GARBE 1000-35-6-27 STREET & LOCALITY: 685 Osprey Nest Road, East Madon DATE OF PUBLIC HEARING: May 4, 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P/O: Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 PROPERTY FACTS: Applicant's property contains an area of approximately 17,500 feet situated along the south side of Osprey Nest Road and along Gull Pond Inlet in East Madon. It has a frontage along the read of 66+- ft. and its average depth is 176+- feet. The property is improved with an existing house with attached carport and deck with a setback of 31+- feet from the front line along Osprey Nest Road. Located in the north/west side yard is an accessory shed which is the nature of this variance. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated March 2, 2000 denying a permit for an 'as-built' accessory shed on the grounds that: (1) it is in the side rather than rear yard in violation of Code section 100-33, and (2) it is two feet from the lot line in violation of the three- foot setback requirement of Zoning Code Section 100-33B.1. RELIEF REQUESTED: Applicant requests a vadance authorizing location of the 7' x 8' (+-) shed as-built. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The rear of applicant's property faces Gull Pond. Applicant testified that he and his neighbors all make a point of not placing structures in their rear yards, in order to preserve the views. There is no reom for the shed in the front yard. The practical location is the side yard, requiring a variance. (2) The shed has been in its current location for about 25 years. It is unobtrusive, and it backs up on the abutting neighbor's shed; for these reasons the nonconforming location is not objectionable, and the nonconforming setback is not significant. (3) There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. (4) Grant of the requested vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2- May 10, 2000 Appl No. 4815 - George Cvarbe Parcel 1000-35-6-27 at Ehst Marion (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a storage shed in a practical location 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 Tortora, it was RESOLVED, to GRANT the vadance as applied for. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers / ,,'~/'"" CHAIRMAN ' For Filing about May 17, 2000 APPEALS BOAR.D MEMBERS Gerard P. G0ehringer, Chairman i James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 APPL. NO. 4806 - THOMAS GURNEY 1000-112-1-10 STREET & LOCALITY: 4055 Aldrich Lane Ext., Mattituck DATE OF PUBLIC HEARING: May 4, 2000 ~INDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property consists of 2.0973 acres (91,358 sq. ft.) with 105 ft. frontage along a private right-of-way which extends north of Sound Avenue, in Mattituck. The property is improved with a two-story frame house with deck additiOn(s) set back at 100 feet from the top of the bluff. BASIS OF APPEAL: Building Inspector's March 9, 2000 Notice of Disapproval denying: (1) an application for a building permit to build an in-ground swimming pool because it will be within 100 feet of the top of the Sound bluff, in violation of Section 100-239.4, and (2) stating that an as built hot tub is located in the side rather than rear yard and is set back 18.8 feet from the lot line rather than the required20 feet, in violation of Section 100-33B.4. RELIEF REQUESTED: Applicant originally sought a vadance authorizing an 18 x 36 ft. in-ground swimming pool with a minimum setback of 54 feet from the top of the bluff. At the headng on May 4, 2000, applicant indicated that the proposed pool had been rotated 90 degrees, resulting in a setback of 71.3 feet from the top of the bluff and 46.3 feet from the Coastal Erosion Hazard Line. Applicant also seeks a vadance authorizing the location of the hot tub as built. GENERAL TERMS & CONDITIONS (BLUFF AREAS): ConStruction activity of pool and deck: (1) shall be limited to the use of one tractor with attached backhoe, and (2) excess fill shall be trucked to an area off site or to a location south of the dwelling, and (3) no re-grading within 60 ft. of bluff that would change the topography. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Although the property contains over two acres, it is narrow, measuring approximately 100 feet in width. The slope of the land and the presence of a ddveway make location' Of a pool in a permitted front yard area impractical. The house is approximately 100 feet from the top of the bluff. (2) Statements were received from applicant's architect and engineer to the effect that a pool in the proposed location will not threaten the bluff. An inspection by the Suffolk County Soil and Water Conservation Distdct resulted in no adverse comment. Although a neighbor testified as to concerns over the stability of the bluff, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical Or environmental conditions. ~Page 2 - Appl. No. 4806 P,e: 1000-112-1-10 (Gurney) ZBA May 10, 2000 Determination (3) The proposed pool location close to the house does not intrude on neighbors. Construction of the proposed pool, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) The hot tub is almost entirely behind the rear line of the house proper, but a small deck off the rear of the house has the effect of placing the tub in the side yard. The location is unobtrusive. The Code requires a 20 ft. setback from the lot line for accessory structures because the property is large in overall size, but in the context of the narrow property width, the tub's setback of neady 19 feet is substantial. For these reasons, grant of the requested variance for the hot-tub Iocaton will not produce an undesirable change in the character of the neighborhood or.detriment to nearby properties. (5) The.actions set forth below are the minimum necessary and adequate to enable applicant to enjoy the benefits of a swimming pool and a hot tub while preserving, and protect ng the character of the neighborhoOd and the health, safety and welfare of the commun ty RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to DENY the relief requested at 71.3 feet, and BE IT FURTHER RESOLVED, to GRANT altemative relief for a vadance placing the proposed pool in the revised location with a minimum setback from the bluff of seventy-five (75) feet, subject to the following CONDITIONS: (1) any decking or paving around the poo! that is to any extent above grade shall be included in measuring setbacks; (2) any poo! drainage shall be led away from the bluff and into dry wells; (3) hay bales at 10 ft. from over-cut for Pool at the noah side, approx. 55 - 60 ff. parallel to the pool; (4) owner shall submit final plan indicating final location of dry well(s) to be used in connection with pumping of pool water. VOTE OF THE BOARD: AYES: Members G~io, T~o~.~.o.r~3~ollins. (Member Homing was absent.)This Resolution was~T~ ~,/~~..........__~_ ~"'~~~' . . /~r Filing about May i7, 2000 APPEALS BOARD MEMBERS Gerard P? Go~hringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4796 - RONALD AND SUSAN MELAMUD 1000-17-5-3.2 STREET & LOCATION: 18603 Main Road, East Madon DATE OF PUBLIC HEARING: April 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located at the northerly end of a private fight- of-way which extends off the Main Road in East Madon. The lot consists of- approximately 3.8 acres (inclusive of the beach and wetland areas), improved with a one-story dwelling, and referred to as Lot 3 on the Minor SubdMsion Map of Stephenson Beach, Inc. To the north is the L.I. Sound, to the south and west are lands of the Orient-East Marion Park District, to the east is land of now or formedy Stepbenson. BASIS OF APPLICATION: Building Department's February 11, 2000 Notice of Disapproval regarding applicants' request to build an above-ground swimming pool with a deck area. The reason stated in the disapproval is that proposed accessory swimming pool and deck is not permitted pursuant to Article III, Section 100-33 as located within the side yard of the subject lot. The Code requires accessory buildings and structures or other accessory uses shall be located in the required rear yard. AREA VARIANCE RELZEF REOUESTED: Applicants have submitted a map dated 3anuary 2000 showing a proposed pool and deck at the northeast comer of the existing dwelling at a distance 30+- ft. north of the seawall, and 90 feet from the edge of the southerly property line. The pool is also proposed at 210+-' from the easterly property line and a minimum of 150 feet from the ordinary highwater mark. The pool and deck areas are "open to the sky." ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED: The Board has reviewed the existing and proposed lot coverage estimates, calculated by the Building Deparb~ient and those provided by the applicants' survey prepared by 3oseph A. Ingegno dated February 18, 2000. The Board finds that the existing dwelling and lot coverage is 21.3% (2,133 sq. ft.) and that the proposed 22 x 15 ft. dwelling addition would add 330 sq. ff., and the 10 x 10 ft. deck addition would add 100 sq. ft. for a total of 430 sq. ff. or proposed lot coverage of 23.92% (2,392 sq. ft.). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based~on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance well not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is large, 3.8 acres and isolated because it is situated next to the East Marion Park District on the south and on the west, and approximately 1000 feet from the nearest improved property on the east. The pool will be integrated into the existing dwelling and will be shielded from view from the Main Road to the south, and will be set back approximately 159 feet from the easterly side yard property line. Page 2 - ~a¥ 10, 2000 ZBA Appl. No. 47~$ o R. Helamud Parcel 1000-17-5-3.2 at East Marion 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue other than an area variance because the side yard location provides the lowest floor plain elevation, minimizing the distances to the Udal wetlands, and cannot be placed on the east side of the property because of an existing sanitary system. 3. The requested area variance is not substantial because placement of the above-ground pool inthe side yard location is the most environmentally sound location on a large 3.8 acre tract that contains no reasonable alternatives. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental condiUons in the neighborhood or district because of the factors s~ated above as well' as the conditions contained hereto. 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 pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLLIT]:ON/AC-T/ON: On motion by Member Tortora, seconded by IVlember Dinizio, it was RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITIONS: 1. The lowest part of the pool shall extend no deeper than two (2) feet below grade, and there shall be no sub-grade structures or piping (except as required by the State D.F_.C. permit). 2. The pool shall not be filled or water replaced from well water on the property. The pool shall be filled from water drawn from outside of the property and empUed into the existing dry wells located on the west side of the property. 3. No Prickly Pear Cactus shall be disturbed from this project and any other vegetaUon which is disturbed shall be carefully replanted in an undisturbed area. 4. The Board reserves the right to review appropriate screening before a certificate of occupancy is issued, with adequate notice to the Board (by applicant and/or by the building department). VOTE OF THE BOARD: AYES: MEHBERS GOEHRINGER (Chai~, To~llins. (Member Horning of Fishers Island was absent.)This Resoluti~..~.a~--~//~/ CHA~RNAN For Filing about Nay 16, 2000 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lorn S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Southold Town Hall 53095 Main,Road P.O. Bdx ~I79 S0uthold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4805- VVILLIAM MOLLER 1000-111-5-3 STREET & LOCALITY: 2530 Vanston Road and Old Cove Road, Cutchogue DATE OF PUBLIC HEARING: May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 1.287 acres 249.71 ft. frontage along Old Cove Road at Nassau Point, in Cutchogue. The lot is improved with a single- family dwelling situated at approximately 43 feet from the most southerly line and 20 ft. setback at the north line. BASIS OF APPLICATION: Building Inspector's February 11, 2000 Notice of Disapproval which states'that under Article IliA, Section 100-30A.3 of the Zoning Code, front yard setbacks shall be no less than 50 feet. The proposed setback is 30 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance with respect to the westerly front yard setback at 30 feet, which reduces the existing nonconforming setback of 43+- feet. The reduction is 12.8+- feet for an addition to the dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large irregular- shaped waterfront parcel with minimum frontage on Vanston Road and almost 600 feet on Old Cove 'Road, a 24-foot right-of-way which provides access to the applicant's property and one other lot southwest of Old Cove Road. The proposed 12.8 ft. by 32 ft. addition is set back more than 300 feet from Vanston Road and is well-screened from view of nearby properties. 2. The benefit sought by applicant cannot be achieved by some method, .feasible for appellant to pursue, other than an area vadance because the applicant's property is considered to have two front yards: on Old Cove Road and on Vanston Road. The front yard setback of the existing dwelling on Old Cove Road is nonconforming at 43 feet, and the applicant would not be permitted to construct an addition without a variance. 3. The requested area variance is not substantial and represents a reduction of approximately 13 feet from the existing 43 ft. setback to a set back of 30 ft. in an area that would otherwise be considered a side yard. Page 2 - May 10, 2000 ZBA ~A~,,F~I:t. No. 4805 - W. Moiler Parc~,~:L~-:L11-5-3 at Cu~J~ogue 4. The proposed variance will not have an adverse effect or impact on'the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed construction will have an adverse impact on physical or environmental conditions. in considering this application, the Board deems this actiOn to be the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an addition to the existing dwelling, while preserving an~ protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance, as applied for. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent.) This Resolution was duly ADOPTED. //'/.--'~GERARD P. GOEHRIN"GER J' FCHAIRMAN For Filing about May 16, 2000 APPEALS BOAR;. MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4780 - LAWRENCE PEARLSTEIN 1000-54-4-23 STREET & LOCALITY: 2225 North Sea Ddve, Southold DATE OF PUBLIC HEARING: MarCh 2, 2000; April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a waterfront lot known as 2225 North Sea Ddve, Southold, with 100. ft. sound frontage, and lot depth of 210 feet. The lot is improved with a single-family dwelling situated 20 feet from the westedy side line and 41 feet from the front property line along North Sea Drive, as shown on the February 15, 1996 amended survey prepared by Roderick VanTuyl, L.S. BASIS OF APPEAL: Article Ill, Section 100-33 and the Building Inspector's Notice of Disapproval dated November 26, 1999 regarding applicant's request for a building permit for an "as built" accessory storage shed in a side yard rather than a rear or front yard of this waterfront lot. RELIEF REQUESTED: Applicants are requesting approval of the existing side yard location for an accessory storage shed 8' x 12' in size with a 9 ft. side setback and 63+- feet from the front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant stated that the shed was placed after consulting with the Building Department about code requirements, and that it was the owners' understanding from an eady conversation that a shed under 100 sq. ft. could be placed any where on his property without a building permit. (2) The benefit sought by the applicant cannot be achieved by locating the shed in a different location. The shed exists in a location 63 feet from the front property line, which is a greater setback from the front property line than the dwelling (which is 40 feet from the front property line). To relocate the shed in any other location would require additional reviews and possible variances from the State and local environmental agencies, or disturbance to dune areas of this waterfront community. (3) The requested area vadance is not substantial. (4) In considering this application, the Board deems the grant of the vadance for a small accessory shed in its present location to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. Page, 2 - May 10, 2000 Re: 1000-54-4-23 (Pearlstein) Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, it was RESOLVED, TO GRANT the vadance applied for SUBJECT to the following CONDITIONS: 1. The shed shall be moved closer toward the house, with a setback of 5'6" (+-) off the side of the house as offered by applicant(s); and 2. Arborvitae (or similar) shrubbery shall be planted as a buffer at.a height of 3' to 4' on the road side of the shed. VOTE OF THE BOARD: AYES: Members Goehdnger (C ~ha'i"~'~a.~, Diniz~o,'i~--.-.-.-.-.~.gr~.--- .--- ~ and Collins. (Member Homing of Fishers Island was absent.) This-~Re'~s~s/di~ly a¢o~~. //~/ GERARD P. GOEHRINGER // ~" CHAIRMAN For Filing about May 16, 2000 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10 2000 · Appl. No. 4822 - ROBINS ISLAND HOLDINGS; Belvedere Property Management L.L.C. Location of Property: 380 First Street, New Suffolk Parcel 1000-117-8-19 Date Of Public Headng: May 4, 2000; May 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 21,407 sq. ft. (.49 acres) total land area with 91.50 ft. frontage along the east side of First Street, New Suffolk. The property is in the same ownership as Robins Island and is used for maintenance and transportation uses relative to Robins Island. Existing on this lot are a dumpster pad, transformer, fencing, and a private parking area. The zoning of the property is Marine-il. BASIS OF APPLICATION: Building Inspector's March 29, 2000 Notice of Disapproval denying a permit for a 30' x 60' building because "the proposed project on a non-conforming lot in an M-II Zone is not permitted pursuant to Article XXIV, Section 100-244B as proposed with a side yard of 6.5+- (six and one-half) feet." The Code requires a setback of 15 feet. AREA VARIANCE RELIEF REQUESTED: Applicant initially requested a setback vadance for a proposed 30' x 60' principal building for use as an office above garage/storage area as shown on the December 15, 1999 Site Plan prepared by Barrett, Bonacci & Van Weele, P.C. (last dated January 24, 2000). The distance to the north side property line was proposed at. 6.5 feet. The remaining yard setbacks satisfied the Code requirements. At the May 10, 2000 public headng, applicant's attorney submitted a revised plan for a 28' x 48' building. The proposed northerly setback remains at 6.5 feet, and the vadance application is therefore unchanged by virtue of the plan revision. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Applicant testified that the location of the proposed building on the lot is influenced by a desire to keep it as far as possible from tidal wetlands, and also by the need to allow turning room for delivery trucks, etc., between the building and the parking area at the southerly side of the lot. The proposed northerly setback of 6.5 feet faces open land now used for boat storage, and zoned Marine-IL The owner of that land made no comment in these proceedings. In view of the fact that the proposed building will be the only structure in the area east of First Street and south of Main Street, the nonconforming setback will have no visual impact and grant of the requested variance will not produce an undesirable change.in the character of the neighborhood or detriment to nearby properties: Page 2 - May 10, 2000 ZBA Appl. No. 4822 - Robins Island Holdings Parcel 1000-117-8-19 at New Suffolk. 2. 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 principal building, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community.' RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehdn~), D/JRiz~,To~, and Collins. (Member Homing of Fishers. Island was absent.)/~tis~Reso~ wa~ul~.,,~-0).. ~'"GERARD P. GOEHRINGrF_R, CHA,[R'MAN - JFor Filing About May 17, 2000 APPEALS BOARD MEMBERS · Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York i1971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4809 - ROBINS ISLAND HOLDINGS L.L.C. Location of Property: 380 First Street, New Suffolk Date Of Public Heating: May 4, 2000; May 10, 2000 1000-117-8-19 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant is manager for Robins Island Holdings LLC, the owner of Robins Island, which also owns property in New Suffolk used as a base to service the Island. The lot in question in this application comprises 21,407 sq. fl., with 91.5 feet of frontage on First Street. The lot's easterly side is bordered by Cutchogue Harbor, the southerly side by a public boat ramp, and the northerly side by open land now used for boat storage. The property is zoned Marine-II. APPLICANT'S REQUEST: The property owner wishes to vacate rented space in New Suffolk and replace it with a building to be erected on the subject lot, to be used as a staging area for Robins Island. Because the Island is reachable only by boat, and all guests, deliveries, etc. must pass through the New Suffolk facility, the project is characterized as a "pdvate ferry terminal." Under Code section 100-121(B)(2), a ferry terminal is a permitted use in the M-II zone by Special Exception, and applicant requests same. Article XXVI of the Code sets forth the requirements for issuance of a Special Exception. Applicant initially proposed a 30' x 60' building, up to 35 feet high. At the headng on May 10, applicant presented a revised proposal for a 28' x 48' building, up to 18 feet high, and it is the revised proposal that is under consideration. REASONS FOR BOARD ACTION, DESCRIBED BELOW: After hearing testimony, reviewing submitted materials, and making personal inspection of the property, the Board has considered the General Standards set forth in Zoning Code Section 100-263, and finds and determines the following: (A) The proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use districts (Hamlet Business across First Street and Marine-II immediately adjacent). Page 2 - May 10, 2000 Appl. No. 4809 - Robins Island Holdings Parcel ID 1000-117-8-19. (B) The proposed use will not prevent the ordedy and reasonable use of permitted or legally established uses in the Business distdct wherein it is to be located, or of permitted or legally established uses in adjacent use districts. (C) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location. (D) The proposed use will be in harmony with, and promote the general purposes and intent of, the Zoning Code. (E) Applicant's odginal proposal for a 30' x 60' building, up to 35 feet high, raised a question of compatibility with the surroundings, particularly with regard to visibility, scale and overall appearance. The Board concludes that applicant's revised proposal will satisfy the requirement of compatibility with its surroundings and with the character of the neighborhood and of the community in general. (F) The structure and the property generally will be readily accessible for fire and police protection. In addition, the Board has reviewed other matters under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the application for a Special Exception based on the revised plan presented by applicant on May 10, 2000. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island wa~.~s~lET-F~R~as duly adopted (4-0). ~~ ~ For Filing About May 17, 2000 APPEALS BOAR. D MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. bio. 4812 - DIANE SMITH/GEORGE ALEC STREET & LOCALITY: 22445 Main Road, Cutchogue DATE OF PUBLIC HEARING: May 4, 2000 1000-109-1-7 FINDINGS OF FACT PROPERTY FACTS: The subject property comprises 165,117 sq. ft. with 271.7 feet of frontage on Main Road in Cutchogue. The southerly portion, near Main Roa(t, is improved with a house and a number of other buildings. A pond, principally located on the property immediately to the west, covers the westedy part of the property for a distance of 40 to 60 feet from the westerly property line. A 25-foot right-of-way from Main Road runs along the eastedy side of the property for about 218 feet BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated March 22, 2000 denying an application for subdivision into two lots, on the ground that, omitting the underwater land in accordance with Code section 100-239, both of the resulting lots would be less than the 80,000 sq. ft required in the R-80 zone. RELIEF REQUESTED: Applicant requests a variance uner the zoning code for the lot area in this proposed subdivision of two lots: Lot 1 on the rear (northerly) section of the property with 73,677 sq. ft. of land above water and 6,323 sq. ft. of underwater land, and Lot 2 on the front (southerly) section with 79,302 sq. ft. of land above water and 5,815 sq ft. of underwater land. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject property is owned by George Alec, applicant's father. It is the segment that was retained when the former family farm was sold. The owner wishes to subdivide in order to enable his daughter to build a home on proposed Lot 1. The existing improvements are located on proposed Lot 2. (2) The property existed in its current dimensions well before the area was zoned to require 80,000 sq. ft. lots. Although the property contains 165,117 sq. ft., it cannot be subdivided without a vadance because 12,138 sq. ft. are underwater according to the survey presented by applicant. (3) Although Code section 100-239 provides that underwater land is not to be counted in determining lot size, on this property the presence of the pond does not detract from the viewer's sense of the size of the lot. Also, the prospects are limited for development on adjacent lands, which include an established vineyard and property on which development dghts have been sold. Page 2 - May 10, 2000. Appl. Ng. ~.8~ !2 - Diane Smith/George Alec Parcel ~d~:1000-109-1-7 at Cutchogue (4) The requested relief is not substantial: the above water portions of the two proposed lots, as percentages of the required 80,000 sq. ft., are 92% for Lot 1 and over 99% for Lot 2. (5) There is no evidence that grant of the requested relief wilt have an adverse effect or impact on physical or environmental conditions. (6) For the foregoing reasons, grant of the requested relief will not produce an undesirable change in the'oharacter of the neighborhood or detriment to nearby propert es (7) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of the proposed subdivision 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 RESOLVED, to GRANT the vadance as applied for. Vote of the Board: Ayes: Resolution was duly ADQ ~ For Filing about May 16, 2000 Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers ~PPEA~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4801 - NANCYWEBER 1000-21-5-7 STREET & LOCALITY: 160 The Strand, East Marion DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 31,800 sq. ft. in area with 60+- ft. frontage along The Strand, at Pebble Beach in East Marion. The lot is improved with a two-story frame house with garage and deck as shown on the Apdl 10, 2000 site plan prepared by Michael Tortorice, R.A. The existing house is shown at 100+- feet from the southerly front property line, 100 ft. min. from the bluff line, 26.0 feet from the west side line and 22.6+- ft from the east side line. The tie line/average line of bluff is approximately 176 feet landward of the high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector's March 2, 2000 Notice of Disapproval citing Article XXIII, Section 100-234A. 1 of the Zoning Code with respect to a proposed 51 (+-) ft. setback from the average line of bluff for an accessory in-ground pool. Article XXIII, Section 100-239.4A. 1 states that setbacks for all buildings shall be set back not fewer than one hundred (100) feet from the .top of such bluff or bank of the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Vadance to locate an in-ground swimming pool 28 feet from the rear of the existing dwelling and 63 feet from the bluff line. The setback from the Coastal Erosion Hazard Line is 58 feet. A proposed dry well will be maintained at a minimum of 10 feet from the rear of the house and property lines. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because many properties in the area have similar building setbacks. Swimming pools are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property will be unenclosed, except for required fencing. -2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house was located in its present position more than 20 years ago and preexisted the bluff-setback restrictions of the current codes. 3. The requested area variance is substantial and represents a 37-foot reduction in the code required 100 ft. minimum setback to the' bluff line. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant has agreed to Page 2 - May ~.0, 2000 ZBA Appl. No. 4801 - N. Weber Parcel 1000-2:t-5-7 accept the following conditions to mitigate any potential adverse environmental impacts. 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, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS:' 1. All roof run-off and pool water drainage shall be placed in dry well(s) located south of the pool or house. 2. Hay bales shall be placed approx mately 48-50 ft. from the top of the bluff, near 10 ft. overcut encompass ng north, west and east sides of the pool. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. APPEALS B0~D MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF'MAY 10, 2000 Appl. No. 4814 - RONALD and ANN V~LSON STREET & LOCA'I~ON: 1330 Gillette Drive, East Marion DATE OF PUBLIC HEARING: May 4, 2000 1000-38-2-14 .FINDINGS OF FACT PROPERTY FACJ~iDESCRIP'[-~ON: The applicants' property is located on the westerly side of Gillette Drive in East Marion, referred to as Lot 20 on the Map of Marion Manor, and consists of 10,000 sq. fL in size, with 100 ft. lot width and 100 ft. depth.. The lot is improved with a single-family dwelling as shown on the September 29, 1966 survey. BASIS OF APPLICATION: Building Inspector's January 20, 2000 Notice of Disapproval for the reason that the proposed additions will exceed the lot coverage limitation of the Zoning Code. The Code requirement is 20% for building area (exclusive of ground level patios). The Notice of Disapproval states that the existing area is 1,960 sq. ft. (porch, garage and sun room included) and the proposed is 23.80%. AREA VARIANCE RELIEF REQUESTED: Applicants are proposing: (1) a 15' x 22' addition over an existing slate patio, and (2) 10' x 10' open deck at the rear of the dwelling. ADDITIONAL INFOpjVlAT~ON: Applicants have furnished an updated survey prepared by Joseph A. Ingegno dated February 18., 2000 which shows a proposed total lot coverage at 23.92% and an existing lot coverage of 2,133 sq. ft. (or 21.3%). The Board has reviewed the existing and proposed lot coverage estimates calculated by the Building Department and those provided on the applicant's survey prepared by 3oseph A. Ingegno dated February 18, 2000. The Board finds that the existing dwelling and lot coverage is 21.3% (2,133 sq. fL) and that the proposed 22 x 15 fL dwelling addition would add 330 sq. lc. and the 10 x 10 ft. deck addition would add 100 sq. ft. for a bJtal of 430 sq. ft., or proposed lot coverage of 23.92% (2,392 sq. fL). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicanffs lot is small at 10,000 sq. ft. but similar in size to neighboring properties in this subdivision created in 1966. The proposed addition and deck would follow the established line of the back porch and square off the southwest back corner of the house. The requested additional lot coverage t~ add 440 sq. ft. to the single-family dwelling is in keeping with the size of other houses and lot coverage in this neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue other than an area variance because the applicanFs property is only 10,000 sq. ff., and the existing dwelling occupies 21.3% of the 20% allowable coverage. The applicant would not be permitted t~ construct any additions without a variance. Pacje 2 - May 10, 2000 ZBA Appl. No. 4814: R. Wilson Parce i000-38~2-14~at East Nation 3. The requested area variance is not substantial. Applicant wishes to increase the living area of their house from 2,133 sq. ft. to 2,392 sq. lb, or to 23.92% lot coverage. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to show that the proposed construction will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5, The difficulty'has not been self-created. [n 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 deck and addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community, RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer, D~~oll~~er Homing of Fishers iZsl~nd was absent.) This Resolution was dulydulp~_~ed~,~0~/~/~,a~l . ~ GERARD P. GOEH~ING'ER ./~ CHAIRMAN May .2000 ApF~BOARD MEMBERS Gerard P. GoehringCr, Chiairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 SouthoId, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4819 - JEFFREY and JEANNE WOLF 1000-103-4-46 STREET & LOCALITY: Wilson Road and Beebe Ddve, Cutchogue DATE OF PUBLIC HEARING: May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 20,100 sq. ft. in area with 150 ft. frontage facing Wilson Road and 134 ft. frontage facing Beebe Ddve, in Cutchogue. The lot is improved with a new foundation (under construction) located at 49.1 feet from the south front property line, 55.0 feet from the west front property line, 18.5 feet from the nodh (side) property line, and 44.9 feet from the east (rear) property line. BASIS OF APPLICATION: Building Inspector's Apdl 21, 2000 Notice of Disapproval which states that under Article XXIV, Section 100-244B of the Zoning Code, a minimum rear yard of 50 feet is required, and "the proposed one family dwelling and garage is located at 44.9 feet from the rear lot line as per second survey received Apdl 5, 2000." AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance with respect to a rear setback at 44.9 feet instead of 50 feet. The amount of relief requested is 5.1 feet. All other yard setbacks for this comer lot with two front yards conform to the code requirements. REASONS FOR BOARD ACTION, DESCRIBED BELow: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed setback is consistent with the appearance of the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. For similar properties, with 100 sq. ft. smaller in lot size, the front yard setback requirement of the zoning code is much less at 35 feet. 3. The requested area variance is not substantial, being a 5.1 ft. reduction from the standard written in the code. 4. There is no evidence that the grant of the variance will. have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, 5. The action set forth below is the minimum necessary and adequate to enable applicant to complete the project while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community.