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Home My WebLink AboutZBA-08/18/2005 . , APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon South old Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 RECEIV~D JUN 5 2006 MINUTES REGULAR MEETING THURSDAY, August 18, 2005 SOIlII/vid kCl! (INk A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, August 18, 2005 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Vincent Orlando, Member Michael A. Simon, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter (9:50 am) 9:37 a.m. Chairwoman Oliva called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Oliva, and seconded by Member Goehringer to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: TVDe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): VIVIAN LIND ERMA YER and ASPASIA ISRAFIL #5725. DAVID T. DEVLIN #5722. P. KANARIS #5690. SHORELINE DEV. CORP. #5733. - . . Page 2 - Minutes Meeting held August 18,2005 Southold Town Board of Appeals Tvpe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): CHARLES and KATHLEEN WATSON #5738. BENEDICT POLLIO #5753. JOHN MORSE #5726. BCB REALTY HOLDING CORP. #5739. OTTO and JUNE SCHOENSTEIN #5744. JOYCE ORRIGO #5740. PETER SHERWIN #5729. LAWRENCE P. and SHERRI KELLY #5745. ROSE HAJEK #5747. WILLIAM and BARBARA CLAYTON #5743. ANTON BETTLER and MARLA MILNE #5752. JANE COCKERILL #5741. MARK PALLADINI #5756. LOIS AMEND #5755. ANDREW and DAWN DUERWALD #5754. MARY R. RAYNOR #5711. PAUL MALONEY #5748. EDWARD A. LINKER JR. #5751. ARNOLD and MICHELLE WIDMAN #5746. RICHARD and ELEANOR COFFEY #5757. Resolution was duly adopted (5-0). . . . II. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony should be limited to zoning issues properly before the Board. 9:48 AM SHORELINE DEV. CORPORATOIN #5733. (7/21 Resolution, carryover Public Hearing for alternative plans and revised site/survey maps, All. Plans I and II submitted 8/15/05 for consideration). Request for a Setback Variance under Section 100-244 for front yard at less than required 35 feet, at 55 Brown Street, Greenport; CTM 48-3-29. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:56 AM CHARLES and KATHLEEN WATSON #5738. Request for an amended Variance under Section 100-33, based on the Building Department's May 12, 2005 Notice of Disapproval. concerning new plumbing in an accessory building proposed as a pool cabana, instead of an accessory storage shed without plumbing requested under Appeal No. 5640, and in a location at less than five feet from the rear lot line. Location: 5270 Nassau Point Road, Cutchogue; CTM 111-8-18 (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony. motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:03 AM BENEDICT POLLIO #5753. Request for a Variance, based on the Building Department's March 22, 2005 Notice of Disapproval concerning an addition to an existing Page 3 - Minutes Meeting held August 18,2005 Southold Town Board of Appeals PUBLIC HEARINGS, continued: dwelling. The reason for the disapproval is that Section 100-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except ... (1) One-family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling. Location of Property: 445 Kimogenor Port Road, New Suffolk; CTM 117-10-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to 9/29/05 at 9:30 AM. The Resolution was duly adopted (5-0). 10:52 AM JOHN MORSE #5726. P. Moore, Esq. Request for Variances under Zoning Code Sections 100-239.4B, 100-242A 100-33 and 100-244, based on the Building Department's April 25, 2005 Notice of Disapproval, amended June 13, 2005 concerning proposed additions with substantial reconstruction of the existing dwelling. The reasons stated in the disapproval are that: (a) the new additions to the accessory garage will be an increase in the degree of nonconformance when located less than 40 feet from the front lot line and less than 5 feet from the side lot line; (b) the substantial reconstruction to the dwelling, with additions, will be less than 50 feet from the rear lot line and less than 75 feet from the bulkhead. Location: 820 Old Salt Lane, Mattituck; CTM 144-5-15. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :15 AM BCB REALTY HOLDING CORP. #5739. Request for a Variance under Sections 100- 103-C, based on the Building Department's April 22 2005 Notice of Disapproval, concerning a new building with greater than 60 feet of frontage (building width) on one street; 74825 Main Road, Greenport; CTM 45-5-8.3. Zone District: General B Business. (Plans amended and submitted; see Building Inspector's 8/16/05 amended Notice of Disapproval (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :23 AM OTTO and JUNE SCHOENSTEIN #5744. Jen Gould, Esq. Request for a Lot Waiver under Section 100-26 to unmerge County Tax Map Ref. 1000-57-2-6 (vacant land), from CTM 57- 2-2.1 (improved land). Based on the Building Department's November 22, 2004 Notice of Disapproval, amended June 13, 2005, the properties have been merged in this R-40 Low Density Residential Zone District, Under Section 100-25. Location of Property: 500 and 580 Island View Lane, Greenport. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :30 AM JOYCE ORRIGO #5740. P. Moore, Esq. Request for a Lot Waiver under Section 100-26 to unmerge CTM 40-2-12 (vacant), from CTM 40-2-11 (vacant). Based on the Building Department's June 9, 2005 Notice of Disapproval, the properties have been merged in this R-40 Low Density Residential Zone District under Section 100-25. Location of Property: 66425 C.R. 48 and Homestead Way, Greenport; Map of Eastern Shores, Section I, Ref. 152 and 153. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 4 - Minutes Meeting held August 18,2005 Snuthold Town Board of Appeals PUBLIC HEARINGS. continued: 11 :53 AM PETER SHERWIN #5729. Request for a Variance under Section 100-30A.3, based on the Building Department's May 4, 2005 Notice of Disapproval, concerning a proposed observatory room above the code limitation of 2-1/2 stores of building area. The reason for the disapproval is that the new construction constitutes a third story. Location of Property: Fox Avenue, Fishers Island; CTM 6-2-23. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:03 PM LAWRENCE P. and SHERRI KELLY #5745. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's May 25,2005 Notice of Disapproval, concerning proposed second-floor additions with alterations, and one-story addition, which when located at less than 15 feet on a single side yard will increase the degree of nonconformance. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:10 PM ROSE HAJEK #5747. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's June 11, 2005 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, creating a new nonconformance and increase in the degree of nonconformance when located less than 40 feet from the front lot line and less than 50 feet from the rear lot line, at 15305 New Suffolk Avenue and Grathwohl Road, New Suffolk; CTM 117-6-15. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Lunch break from 12:18 -1:00 PM. Chairwoman Oliva reconvened the meeting at 1:16 PM, and proceeded with Agenda Items as follow: 1:16 PM WILLIAM AND BARBARA CLAYTON #5743. R. Lark, Esq. Request for Variances under Sections 100-33 and 100-244, based on the Building Department's Notice of Disapproval, amended June 27, 2005, concerning proposed additions with alterations to the existing dwelling with a rear yard setback at less than 35 feet, and new accessory garage building in an area other than the required rear yard, at 12832 Route 25, East Marion; CTM 31-14-15. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1 :34 PM ANTON BETTLER and MARLA MILNE #5752. Request for Variances under Section 100-33 and 100-244, based on the Building Department's June 20, 2005 and July 18, 2005 Notices of Disapproval, concerning a proposed deck addition, inclusive of pool/spa structure, and new front entrance additions, both less than 35 feet from the front lot line, at 185 Osprey Nest Road, Greenport; CTM 35-6-36. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held August 18, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 1:43 PM JANE COCKERILL #5741. Bob Hughes, Esq. Request for a Variance under Section 100-30A.3, based on the Building Department's May 18, 2005 Notice of Disapproval, concerning an addition with alterations to the existing dwelling, as built with new nonconformance as located, at less than the code-required 15 feet from the side lot line; at 700 Birdseye Road, Orient; CTM 17-2-1.14. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1 :52 PM MARK PALLADINI #5756. Jose Tavaris Architect. Request for a Variance under Section 100-244, based on the Building Department's June 20, 2005 Notice of Disapproval, concerning an addition proposed at less than 40 feet from the front lot line, at 585 Donna Drive, Mattituck; CTM 115-16-5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:55 PM LOIS AMEND #5755. Request for a Variance under Sections 100-244, based on the Building Department's June 3, 2005 Notice of Disapproval concerning a porch addition proposed at less than 40 feet from the rear lot line, at 266 Highwood Road, Southold; CTM 78-9-52. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:58 PM ANDREW and DAWN DUERWALD #5754. Request for a Variance under Section 100- 244, based on the Building Department's June 22, 2005 Notice of Disapproval concerning proposed additions at less than 40 feet from the front lot line, at 95 Clearview Avenue West, Southold; CTM 70-8-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:00 PM MARY R. RAYNOR #5711. R. Lark, Esq. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning new first floor foundation construction, new second-story addition, and new deck increasing the degree of nonconformance as proposed with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with lot coverage exceeding the code limitation of 20%, at 575 Beachwood Road, Cutchogue; CTM 116-4-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to 9/29/05 at 9:35 AM. The Resolution was duly adopted (5-0). 2:35 PM PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on the Building Department's June 6, 2005 Notice of Disapproval concerning a new accessory garage proposed in a front yard at less than 40 feet from the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM 78-8-3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to 9/29/05 at 9:40 AM. The Resolution was duly adopted (5-0). Page 6 - Minutes Meeting held August 18, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 2:50 PM EDWARD A. LINKER JR. #5751. Request for Variances under Section 100-33 and 100-244, based on the Building Department's June 8, 2005 Notice of Disapproval, concerning: (a) a proposed addition at less than 35 feet from the rear lot line, and (b) a portion of the existing garage will be in a new side yard area after the new construction, instead of a conforming rear yard, at 285 Oyster Ponds Lane, Orient; CTM 25-1-7. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:49 PM ARNOLD AND MICHELLE WIDMAN #5746. Jim Fitzgerald, Proper-T Services. Request for Variances under Section 100-242A and 100-244, based on the Building Department's April 27, 2005 Notice of Disapproval, concerning a proposed upper deck addition, with an increase in the degree of nonconformance when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line, at 2155 Cedar Avenue, Southold; CTM 77-1- 25. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5- 0). 3:02 PM RICHARD and ELEANOR COFFEY #5757. Request for a Variance under Section 100- 244, based on the Building Department's July 15, 2005 Notice of Disapproval, concerning an addition proposed at less than 60 feet from the front lot line, at 5705 Main Road, East Marion; CTM 35-2-16.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). . . . III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to authorize advertising of new hearings for 9/29/05. B. The Board confirmed its scheduled Special Meeting 6:00 PM September 1, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. . . . IV. DELIBERATIONS/DECISIONS on the following applications: APPROVED AS APPLIED P. KANARIS #5690. Page 7 - Minutes Meeting held August 18, 2005 Southold Town Board of Appeals APPROVED WITH CONDITIONS VIVIAN L1NDERMAYER and ASPASIA ISRAFIL #5725. DENIED DAVID T. DEVLIN #5722. 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, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 3:30 p.m. Respectfully submitted, rR, <~~) l(tn;ra~lski Secretary, Board of Appeals Included by Reference: Filed ZBA Decisions (3) Qq~~~) i~, cQ~~j Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD '" ~ /'jvl'l11 ~UN 5 2006 t'?P;j "~Cl.1'-~<', Soufhvid Tv,;/! Clerk '.. . .~~'so~,. f"~.~ \ . .' cI> ;w ~. ~ r"'COUHl't~ APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando Jaf1le~ Dinizio. Jr, Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809. Fax (631) 765-9064 . Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex /First Aoor. Nonh Fork Bank 54375 Main Road (at Youngs Avenue) SOllthold. NY 11971 RECEIVED "1< '~J /.2:1$ I'HI ~~ Southold Town Cler. FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 ZB Ref. 5725 - VIVIAN L1NDERMAYER and ASPASIA ISRAFIL Property Locations: 17877 Soundview Avenue, Southold; ClM 51-1-4 Right-of-Way Location: Property of Dr. and Mrs. Z. Micah Kaplan, 17815 Soundview Avenue, Southold; ClM 51-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 36,395 sq. ft. parcel is situated to the north of property identified as CTM 51-1-5, and the March 15, 2005 survey prepared by John C. Ehlers shows a proposed dwelling to be 40 feet from the southerly (front) property line. The property does not front along a town street and has less than 15 feet in width as required by Zoning Code Section 100-235, and New York Town Law, Section 280-A. BASIS OF APPLICATION: Building Department's May 12, 2005 Notice of Disapproval, citing Section 100-235 for a variance concerning vehicular access width, which does not meet the code required 15 ft. minimum over CTM Parcel 1000-51-1-5. Also requested is a variance, based on the Building Department's March 28, 2005 Notice of Disapproval, under New York Town Law, Section 280A, to establish the required base road improvements (specifications) within the easement area of this private right-of-way, for travel by emergency and other vehicles, since the applicants' lot does not directly front along a town street. Zoning Code Section 100-235 states as follows: A. Street Access. (1) No building shall be erected on a lot that does not have direct access to a public street in accordance with ~ 280-a of the Town Law. (2) All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading. B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required Page 2 - August 18, 2005 . ZB Ref. 5725 - V. Undermayer ailll"'A. Israfil CTM 10: 51-4-4 . front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-26-1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996]. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7,2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence. the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: This 36,395 sq. ft. lot is accessible along the eastern boundary over land, now owned by Gayle Crane and Z. Micah Kaplan, M.D.. by a reputed 10-ft. wide, 218 I.f. right-of-way. Relief is requested under New York Town Law, Section 280A to establish, by variance approval, the required road specifications for emergency and other vehicles. Also requested is relief from Section 100-235 of the Zoning Code for a variance for the No building permit may be issued for construction on this northerly sound-front parcel unless relief is granted to provide access standards for improvement by emergency and other vehicles as required by New York Town Law, Section 280-A. A certificate of occupancy may not be issued unless the right-of-way has been constructed and meets the conditions of this approval. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The access to this property is reputed by the applicant's title records to be 10 ft. wide for 218 feet in length extending from the north side of Sound View Avenue. The applicants wish to build a new single-family dwelling on their 36,395 sq. ft. lot which faces the Long Island Sound, and New York Town Law requires sufficient access before issuance of a building permit. The applicants proposed a crushed stone surface, and open access, without obstruction at all times, for easy and safe access by emergency and other vehicles. The owners of the land adjacent to this right-of-way area wish to maintain an unimpeded grassed area, or similar landscape, two feet wide corridor on the west side of the easement area, allowing access for emergency and fire-fighting apparatus only. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than by variance. While the applicants do not own the land over which the access, they have an easement over the eastern section and propose a crushed-stone surface over the entire 10ft. width, except that the current opening onto Soundview Avenue will remain at 12 feet wide and will not be gated, providing continuous maintenance 24 hours a day/seven days a week, for access to the proposed dwelling. This right-of-way has not yet been constructed, and is proposed by the applicants for the purpose of obtaining a building permit. Page 3 - August 18, 2005 . ZB Ref. 5725 - V. Lindermayer a~A. Israfil elM 10: 51-4-4 . 3. The difficulty has been self-created and is related to the fact that the property does not have approval under New York Town Law to the site for vehicles. 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The improvements for the right-of-way and access will consist of crushed stone, without macadam or similar solid material because there are phone and electric cables buried beneath the right-of-way for another dwelling. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a building permit for a new dwelling, while preserving and protecting the character of the adjacent residences, and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried, to GRANT the variance as applied, concerning the proposed construction of a right-of-way in a location as shown on the March 15, 2005 survey prepared by John C. Ehlers, SUBJECT to the following conditions: In order for this variance to be effective: 1. Excavate ten (10) feet in width commencing at a point from Soundview Avenue (at a minimum of 218 feet in length), removing all grass and soil to a 4" to 6" depth. 2. Replace with 4" to 6" sandy loam with adequate stone content, and surface with a minimum of 4" of compacted stone blend with grit. 3. This right-of-way must be continuously maintained by the fee owner of the soundfront parcel identified as CTM 51-1-4. 3. A turnaround and driveway area of 30+- feet in diameter shall be provided within the applicants' property (CTM 51-1-4) the driveway and parking area, for emergency and fire vehicles. 4. The right-of-way entrance shall not be gated or obstructed. 5. The variance approval also notes acceptance of the additional two feet to the west of the right-of-way (from Kaplan) without stone or other improvements, remaining as grass or similar landscape, without trees or other obstruction, increasing visual and overhead uses for emergency vehicle purposes for a total 12 ft. width extending westerly from the easterly boundary of the right-of- way. . . .' Page 4 - August 18, 2005 . ZB Ref. 5725 - V. Lindermayer a1l"A. Israfil CTM ID: 51-4-4 . 6. The Zoning Board of Appeals reserves the right to inspect the completed improvements, prior to issuance of a Certificate of Occupancy at the soundfronl parcel identified as CTM 51-1-4. This action does not authorize or condone any current or fulure use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vole of lhe Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5oD _ AoQ,) t},~ Ruth D. Oliva, Chairwoman 9/I.;JJ05 Approved for Filing .. .' . APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio. Jr. Michael A. Simon hllp://southoldtown. nonhfork.nel . Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex /First Roor. North Fork Bank 54375 Main Road (at Youngs Av'enuel Southold. NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 RECEIVED 'rt(.~ l:tJo '" m ~~~ Soathold Ton Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 ZBA Ref. No. 5722 - DONNA WEXLER (Former Owner, DAVID T. DEVLIN) Street & Locality: 1175 and 1275 West Hill Road, South old County Tax Map ID: 70-4-22 and 23 (combined/merger) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps, District 1000, Section 70, Block 04. The land is improved with a single-family dwelling situated 120+- feet from the northerly front lot line at West Hill Road and 32+- feet from the easterly side property line, as shown on the February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low- Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's April 26, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section 100-25, which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconformin9 lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The easterly portion, referred to herein as 'CTM 22' is proposed to be separated from the westerly pori Ion referred to as 'CTM 23.' Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 29,900+- square feet for CTM 23 and the remaining 20,000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks from the existing rear lot line and bulkhead (ref. 100-239.4B and 100-244). ZONING CODE, SECTION 100-26: Under ~ loo-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. -. , Page 2 - August 18, 2005 . Appl. No. 5722 - David Devlin~onna Wexler CTM 70-4-23, 22 . (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the neighborhood. The southerly (rear) dimension is only 40+- feet wide, narrowing down to 25+- feet along the bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft. rear lot width dimension, and no lots have this type of configuration. 2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc. The search shows that the premises (CTM 22 and 23) as merged were owned in the same names, or common ownership and without single and separate ownership since the 9125/1996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to David T. Devlin and Lora 5. Collins. 3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and continuously to the present date. Inforrration was not submitted to show planned intentions to avoid the merger, or to make application to any agency for a dwelling. The merger was intentionally placed when the transfers were forrred by common ownership. 4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home is proposed for her mother at a time when family is needed to be close and for daily medical care. (As of the date of this decision, a Special Exception application for an Accessory Apartment in the applicant's existing home was not requested.) 5. Proof was not submitted to show that a waiver will avoid an economic hardship. The town's assessment records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M ($945,000 and $330,000). 6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David Devlin and Donna Wexler to sell CTM 23 for $330,000. 7. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship, except for the 2005 real estate transactions. ., , " . .. . . Southold Town Hall 53095 Main Road 0 P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex IFirst Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 . http://southoldtown.northfork.net RECEIVED ~ BOARD OF APPEALS 3:30pm TOWN OF SOUTHOLD . AUG 3,,1~ o~A TeL(631)765-1809oFax(631)765-9064 rIJ!~ '../ ~ ~~~~e" FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Appl. No. 5690: PANAGIOTIS KANARAS Property Location: 480 Ruth Road, Mattituck CTM 106-5-33 (unmergerfrom 32) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time the applicant requested an adjoumment to allow time for attendance by an attorney, and July 7, 2005. During the July 7, 2005 hearing, written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 12,500 square feet of land area. The lot lines noted in the 1970 deed are confirmed in the September 29, 2004 survey prepared by Kenneth W. Woychuk, L.S. The adjacent property, deemed merged by the Building Department with the applicant's property, is also 12,500 square feet and is improved with a single-family house constructed in about 1969, referred to as CTM 106-5-32, BASIS OF APPLICATION: Based on the applicant's January 27, 2005 request for a building permit to construct a single-family dwelling, and the Building Department's January 28, 2005 Notice of Disapproval, citing Code Section 100-25. The reason for the disapproval is that the subject lot (1000-106-5-33) merged with an adjacent lot to the west (SCTM #1000-106-5-32), which has been held in common ownership, during a period of time after July 1, 1983. APPLICANT'S REQUEST: Waiver to unmerge properties under Article II, Section 100-26 . . Page 2 - August 18, 2005 ZBA File No. 5690 - P. Kanaras CTM 106-5-33 ofthe Southold Town Zoning Code. REASONS FOR 1;30ARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The waiver will not result in a significant increase in the density of the neighborhood. The lot that would be re-created by a waiver will follow the lot lines at the time of creation as deeded in June 1970. This 12,500 sq. ft. parcel of land is of a size consistent with that of lots on that block. Of the eight lots immediately to the east and west, only one has a width in excess of that of the lot in question. 2. Grant of a waiver of merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single-family residences. To the north are lots developed on the Map of Captain Kidd Estates. The area consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this zone district. The 12,500 sq. ft. size of the vacant lot in question is equal to most, and clearly consistent with the average size of lots in the neighborhood and district. 3. The waiver will avoid economic hardship for the owner, who purchased the land with the expectation of being able to build on the vacant lot at issue. The area is serviced by public water through the Suffolk County Water Authority, and the owner has obtained approval from the Suffolk County Department of Health Services to construct. The adjacent property (improved CTM 32) was part of the merger between 1970 and 1984 by the former owners (Lambros). In 1984 CTM 32 was conveyed separately to Ketsoglou & others. This property was later conveyed by Lambros to the applicant (Kanaras) in May 2004. A single and separate search was not obtained until January 7, 2005 to show the merger of the property, and the owner was not aware of the merged status of the property until making written application to the Town of Southold to build. 4. The application shows there will be no significant change in the contour of the land, and no evidence was presented to suggest that the lot would require filling, or to suggest that its natural details, character, contours or slope would be significantly altered in any manner. 5. The waiver will recognize the original lot lines set forth in the June 3, 1970 deed originally creating this lot, which was created prior to the 40,000 minimum lot size requirements under Chapter 100 (Zoning Code) effective in 1971. BOARD RESOLUTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: NOW, therefore, on motion by Member Simon, seconded by Member Orlando, it was ,- . . . - , . . Page 3 - August 18, 2005 ZBA File No. 5690 - P. Kanaras CTM 106-5-33 RESOLVED, to GRANT the waiver of merger as applied for. Vote ofthe Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Simon. Member Dinizio abstained from voting. This Resolution was duly adopted 4-0-1. . . . ~ (9. (9~Q. Ruth D. Oliva, ChaIrwoman 8t.3r 105 Approved for Filing