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Home My WebLink AboutZBA-03/31/2005 '1 , . , 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 Avenue) Southold, NY 11971 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 RECEIVi:D JUN 5 2006 MINUTES REGULAR MEETING THURSDAY, MARCH 31, 2005 Sou\\.(;\d Tc,',';n 'Jerk A regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, South old, New York 11971-0959, on Thursday, March 31, 2005 commencing at 9:35 a.m. . Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member James Dinizio, Member Michael A. Simon, Member Kieran Corcoran, Town Attorney Also present were: Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:35 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: Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Bernard Springsteel and Marcia Pollak #5674. Gregory B. and Barbara Wood #5677. Foster Reeve and Valerie H. Kramer #5678. Romanelli Realty/Burts Reliable #5679. W. Bruce and Mary Ann Bollman #5680. \ , , Page 2 - Minutes Meeting held March 31, 2005 Southold Town Board of Appeals Tvoe II Actions. continued: (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Roberta Elwell #5681. John and Joy Gallagher #5682. Janet Healy #5683. Daysman and Nannie P. Morris #5684. Robert K. Scripps #5685. Timothy Steele #5618. J. Papadopoules #5687. David and Barbara Dash #5672. Unlisted Action: Maurice and Patricia Scannell #5688. (Accessory/Use B & B) 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. 9:35 AM BERNARD SPRINGSTEEL and MARCIA POLLAK #5674. Request for a Variance under Section 100-244, based on the Building Inspector's January 4, 2005 Notice of Disapproval concerning an addition proposed at less than 40 feet from the front iot line, at 1620 Koke Drive, Southold; CTM 87-5-19.3. (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). 9:40 AM GREGORY B. and BARBARA WOOD #5677. Request for a Variance under Section 100-244, based on the Building Department's January 10, 2005 Notice of Disapproval concerning an application for a building permit to build a new dwelling at less than 50 feet from the rear lot line, after demolish the existing building, at 840 Marlene Lane, Mattituck; CTM 143-2-20.1. (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). 9:45 AM FOSTER REEVE and VALERIE H. KRAMER #5678. Request for Variances under Sections 100-30A.3 and 100-244, based on the Building Department's December 22,2004 Notice of Disapproval, amended February 3, 2005, concerning a building permit application for an as- built deck and proposed two-story addition to the dwelling, at less than 50 ft. from rear lot line, at 626 Front Street, Greenport; CMT 48-1-2. (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 Orlando, and duly carried to adjourn until May 4, 2005 at 9:30 AM. The Resolution was duly adopted (5-0). 9:52 AM ROMANELLI REALTY/BURTS RELIABLE #5679. Request for a Variance under Section 100-142, based on the Building Department's December 15, 2004 Notice of Disapproval, concerning a building permit application for additions proposed at less than 20 feet on a single side yard, at 1515 Youngs Avenue, Southold; CTM 60-1-6. Zone District: Light Industrial. (Please see transcript of written statements prepared under separate coveL) BOARD " -, " , Page 3 - Minutes Meeting held March 31, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 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). 9:57 AM W. BRUCE and MARY ANN BOLLMAN #5680. Request for a Variance under Section 100-244, based on the Building Department's February 3,2005 Notice of Disapproval, concerning an application for a building permit to substantially remove (demolish) and construct a new single- family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. (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 adjourn to May 4, 2005. The Resolution was duly adopted (5-0). 10:40 AM ROBERTA ELWELL #5681. Request for a Variance under Sections 100-30A.3 100- 242A, based on the Building Department's December 10, 2004 Notice of Disapproval concerning a building permit application for additions with alterations, which new construction will increase the degree of nonconformance when located less than 50 feet from the front lot line, at 2020 Montauk Avenue, Fishers Island; CTM 20-9-1.2. (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). 10:43 AM JOHN and JOY GALLAGHER #5682. Request for a Variance under Sections 100- 242A, and 100-244, based on the Building Department's January 21, 2005 Notice of Disapproval, concerning a building permit application to construct additions which will increase the degree of nonconformance when located (a) less than 10 feet on a single side, and (b) less than 25 feet for the combined side yards, at 730 Bayview Drive, East Marion; CTM 37-5-5. (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). 10:47 AM JANET HEALY #5683. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a sunroom addition which will increase degree of nonconformance when located less than 50 feet from rear lot line, at 195 Matthews Lane, Culchogue; CTM 84-1- 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). 10:50 AM DAYSMAN and NANNIE P. MORRIS #5684. Request for a Lot Waiver under Section 100-26, to unmerge County Tax Map Ref. 1000-48-3-24 from the adjacent County Tax Map 1000- 48-3-7.1. Based on the Building Department's January 19, 2005 Notice of Disapproval, both lots are merged under Section 100-25. Location of Property: 245 Brown Street and Linnet Street, Greenport. (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). A short break was taken from 11 :10 -11 :25 AM. 'I _'" Page 4 - Minutes Meeting held March 31, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 11 :28 AM ROBERT K. SCRIPPS #5685. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a dormer addition which has been deemed to be an increase in the degree of nonconformance at less than 15 ft. on a single side yard, at 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. (Please see transcript of written statements prepared under separate cover.) 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). 11 :30 AM TIMOTHY and MRS. STEELE #5618. Request for Variances under Sections 100- 31A(2)(c) and 100-242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for: (a) an as- built accessory shed (building #3-storage container) partly located in a front and side yard rather than a rear yard, (b) an accessory shed (building #4-storage container) partly located in a side yard, (c) farm/barn (building #1) does not conform to the 75 ft. minimum principal building rear yard setback, (d) additions with alterations to a nonconforming accessory garage, for the reason that the garage (building #2) is not entirely in a rear yard, and is extended into a front yard. Location of Property: 13795 Oregon Road (right-of-way at north side of property), Cutchogue; CTM 83-2-10.16. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 2, 2005. The Resolution was duly adopted (5- 0). 12:23 PM DONNA COOK #5638. (Carryover from 1/20/05 pending Wetlands determination or Letter of No Jurisdiction from Board of Town Trustees.) Motion offered by Chairwoman Oliva, and seconded by Member Orlando to adjourn to May 4, 2005 at 10:00 AM. The Resoiution was duly adopted (5-0). 12:25 PM F. W. KOEHLER and OSPREY DOMINION #5643. (Carryover from 1/20/05.) Motion was made by Member Goehringer and seconded by Member Orlando, to adjourn to June 2, 2005. The Resolution was duly adopted (5-0). Lunch Break was taken from 12:26 PM -12:55 PM. Chairwoman Oliva reconvened the meeting at 1 :07 PM, and proceeded with Agenda Items as follow 1 :07 PM MARIO ANTICEV #5633. (Carryover from 2/3, 1/20, 12/16 for Planning Board review/letter for amendment to existing subdivision or other reply). Request for Variances under Sections 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2005 Old North Road, Southold; CTM 54-3-part of 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). (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 adjourn to June 2, 2005. The Resolution was duly adopted (5-0). 1 :26 PM WILLIAM and JANICE CLAUDIO #5655 (Carryover from 3/3/05 for Planning Board review/letter). (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 March 31, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 2:03 PM J. PAPADOPOULES #5687. Request for a Variance under Section 100-244, based on the Building Inspector's February 22, 2005 Notice of Disapproval concerning a building permit application for an addition at less than the code required 35 ft. rear yard setback, at 500 Miriam Road, Mattituck; CTM 99-2-9. (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). 2:09 PM MAURICE and PATRICIA SCANNELL #5688. Request for a Special Exception under Article III, Section 1 00-30A.2B to establish a Bed and Breakfast use as an accessory use incidental to the owner's residence, with up to three (3) guest bathrooms for lodging and serving of breakfast to not more than six (6) casual, B & B guests (transient roomers). Location: 5405 Rocky Point Road, East Marion; CTM 21-1-6. (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). 2:13 PM DAVID and BARBARA DASH #5672. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's September 24,2004 Notice of Disapproval, amended December 23, 2004, concerning proposed additions/alterations which will increase the degree of nonconformance: (1) at less than 40 feet from the front property line and (2) at less than 35 feet for both side yards, at 595 North Parish Drive, Southold; CTM 71-1-6. (Applicant canceled February hearing.) (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). III. OTHER UPDATES: A. A motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried, to authorize advertising of applications in complete form for public hearings to be held on Wednesday May 4, 2005, commencing at 9:30 AM. B. The Board confirmed its scheduled Special Meeting 5:45 PM April 14, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. RESOLUTION: Motion was offered by Chairwoman Oliva and seconded by Member Goehringer to extend written record until 4/8/05 to allow submission by Mrs. Sanford in reply to P. Moore submission of 3/10/05 Re: Barbara Kellc application (PH was concluded 3/3/05). Resolution was duly adopted (4-1). IV. DELlBERATIONSIDECISIONS on the following applications: APPROVED WITH CONDITIONS: WILLIAM & PATRICIA MOORE #5636 DENIAL WITH GRANT OF ALTERNATE RELIEF ORIENT FIRE DISTRICT #5408 . . . .". , Page 6 - Minutes Meeting held March 31, 2005 Southold Town Board of Appeals 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 3:00 p.m. Respectfully submitted, ~a~~' Secretary, Board of Appeals Included by Reference: Filed ZBA Decision (1) Qo~ ,(]. G-!~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVi.:D {~ /:j() ~M JUN 5 2006 ~O"tfp,'1JAJ So~kuld fl.\.':" Clerk : !"t'r " ), < , .. .., ; . APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net Southold 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 , RECEIVED al- ~ ;): dD PM Tel. (631) 765-1809 . Fax (631) 765-9064 ' APR .J 2005 FINDINGS, DELIBERATIONS AND DETERMINATION ~nq., 'Ii. MEETING OF MARCH 31, 2005 1..(. "'" Sout old Town Clerk BOARD OF APPEALS TOWN OF SOUTH OLD Appl. No. 5408 - ORIENT FIRE DISTRICT Zone District: R-80 Residential Property Location: 23300 Main Road (State Route 25) and Tabor Road, East Marion CTM 1000-18-5-13.8 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. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 4.355 acres, situated on the south side of the Main Road (NYS Route 25) and the east side of Tabor Road in East Marion. The property is improved with the following buildings and structures: (a) fire station with an existing antenna facility and (b) detached metal building. BASIS OF APPLICATION: The Building Department's April 23, 2004 Notice of Disapproval, amended September 22, 2004 and October 4, 2004, which states the following reasons: (1) the proposed tower does not meet the code requirements with a proposed height at 125 feet, (2) the tower is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1,18-5-11.1 (3) the tower is not permitted on a nonconforming lot size, or on a lot containing less than a minimum lot area in a residential district of five (5) acres, and (4) Special Exception under 100-162A(3). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004, November 18, 2004, December 16, 2004, January 20, 2005, and February 3, 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: The Applicant, the Orient Fire District ('OFD'), is seeking to construct a 120 ft. high wireless communications tower, for which Variances are requested under Zoning Code Sections 100-162A(3) and 100-165B. The requested Variances are based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended September 22,2004 and October 4,2004, which states the following reasons: (1) the proposed tower does not meet the code requirements with a proposed height at 120 feet, (2) the tower is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1,18-5-11.1, (3) the tower is not permitted on a nonconforming lot size, or on a lot containing less than a minimum lot area in a residential district of five (5) acres. .. / ,. " . Page 2 - March 31, 2005 Appl. No. 5408 - Orient Fire District 18.-5.13.8 at Orient SPECIAL DISTRICT TREATMENT REQUESTED: Based on the amended Notice of Disapproval dated October 4, 2005, the applicant, Orient Fire District, is also requesting approval as a permitted use on property in a special district under Section 100-162A(5) for wireless communications usage, with such use not requiring a Special Exception and subject only to the height restrictions listed In Section 100-162A (in lieu of a Special Exception). ADDITIONAL INFORMATION: The Orient Fire District has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the requested wireless communications facility (flagpole tower) is to provide improved emergency communication services for the entire area lying east of the East Marion causeway. The wireless communications tower facility is proposed by the Orient Fire District at the rear of the fire house, behind the metal building, on this 4.35-acre parcel. The tower is proposed to be located south of the fire department's metal building located in the rear yard, distant 145+- feet from the northerly property line at its closest point, 140+- feet from the easterly property line, 135+- feet from the southerly property line, and at least 315 feet from Tabor Road to the west. RELATED INFORMATION: The property has 341 linear feet along Tabor Road, a side street, 226 linear feet along the Main Road (State Route 25), 570.70 linear feet along the most southerly property line, and variables along the easterly property line of 169.30 and 287.60 linear feet. The fire house is closest to the Main Road, and the tower is proposed behind the OFD metal building in the south/east yard area. There is no question that the tower would be visible from adjacent areas, including residences, pedestrians, and while driving along the Main Road and along Tabor Road to the west. By application dated 6/27/03, the OFD states that an antenna height of at least 90 feet is mandated, to provide the coverage necessary to reach the furthest extent of the mainland Southold, on physical sciences governing public service radio communications. The OFD and Towll Policy Public Safety Indicate a height at 90 ft. AGL is required, with 'low band' vertical whip antenna and future carrier antennas (see plans prepared by Michael Walker Design/Builder dated 10/5/04). At the top of the OFD's tower is a 9'6" dipole array to be externally mounted, 2.5" in diameter. With an increase in the height to 120 feet, the applicant states that it will be possible to co-locate commercial telecommunication antennas within the same structure thereby not only passing the initial cost of construction onto commercial users, but also providing a continuing source of income for the Fire District to help offset its usual and ordinary costs - .' . , ,. " . Page 3 - March 31, 2005 Appl. No. 5408 - Orlen\ Fire District 18.-5-13,8 a\ Orlen\ of operation. Additional antennas are shown for T-Mobile and AT & T or other carrier antennas above this 90 ft. height. During the hearings, the applicant offered expert testimony in support of the requested heights of 90 feet and 120 feet, and argued that 120 feet was necessary to achieve the industry standard of 90% efficiency. During the hearings, the Orient Association, and nearby residents and landowners expressed many concerns and disputed applicant's showing of need for the 120 ft. height in addition to the request for alternative relief, and questioned whether or not the fire district and its experts adequately investigated other alternative site locations in the necessary geographic areas for OFD's purposes and needs. Discussions were held during the hearings regarding the concerns raised, in addition to the question of whether or not alternative (lower) heights were adequately addressed by the applicant. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: The applicant, Orient Fire District, is an established special district for emergency communications on at least 4.35 acres of land. The OFD maintains at its fire station an antenna tower for communication transmissions to and from this site, and the new wireless communications tower would be in place of its existing tower facility. A structure at 120 feet in height is not consistent with the surrounding rural character of this area and will be visible from various segments of the lands surrounding the tower site. The installation of this structure at 120 feet instead of 90 feet will create a distinctly commercial view interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible. These measures do not satisfy the concerns about visibility, since the wireless communications tower will be visible particularly at the top half portion of the tower where the antennas are visible over the existing buildings and tree lines, and not screened from view. 1. The emergency, fire, police, ambulance companies and departments need of wireless mutual aid communication systems. Individual (private) ambulance, radio and other aid companies are involved with the mutual aid system. There are existing dispatch problems, problems in scene management, fire safety issues, and fire ground operation issues. The fire departments and other companies join together to assist as needed, with fundamental resources (low-band paging and radios). These systems clearly need to be improved and expanded and to provide for more effective long-range communications and -, .' ;' ~ .. , Page 4-March 31, 2005 Appl, No, 5408 - Orient Fire District 18,-5-13,8 at Orient senior managing during multiple fire ground and other emergencies. Because safety of citizens and fire personnel Is of primary concern, an improved wireless communications facility is necessary and desirable. 2, The variance requested at 120 ft. height is substantial in relation to the code limitation of 60 feet in height. The applicant is proposing 100% increase in the code limitation of 60 ft. in height, So long as the height is not excessive, grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, It is the opinion of this Board that an alternative, with a 90 ft. in height, will be 50% greater than the code limitation of 60 ft., which would be more conforming, 3, The demonstrated difficulty is not self-created insofar as the safety considerations the tower will address are the result of problems of inadequate communications based on the current state of the science of radio communication, 5, The Orient Fire Department's testifying expert presented credible testimony to the effect that a wireless communications tower at the requested height of 120 feet will meet the needs required to be addressed. However, that expert did not respond adequately to questions raised concerning the effectiveness of a tower of lesser height. In particular, the expert was unable (or unwilling) to demonstrate that a height of 90 feet would be inadequate to meet the stated communication needs. 6, Other experts, including that of members of the Orient community, gave unrebutted testimony that effective coverage of the subject area can be provided by a communications tower of 90 feet or less. In addition, as discussed above, questions about results of field testing were raised, and the applicant's expert was unable (or unwilling) to demonstrate that a height of 90 feet would be inadequate to meet the stated needs, 7, While safety is the primary concern, other values, such as aesthetic considerations, character of the neighborhood, and preservation of the scenic nature of the State- designed Scenic Byways Corridor must be heeded to the extent that they do not compromise the tower's effectiveness in the locale it is designed to serve. The 120 ft, height requested is excessive, and grant the requested relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from' the Main Road as feasibly possible. These measures do not satisfy the concerns about visibility, since the tower will be visible particularly at the top half portion of the tower where the antennas are visible over the existing buildings and tree lines and not screened from view. A tower structure at 120 feet in height compromises the scenic and historic surroundings along the State designated Scenic Highway Corridor and is not consistent with the surrounding rural character of this area, with clear visibility from various segments of the lands surrounding the tower site, The Installation of this structure at 120 feet instead of 90 feet will create a distinctly commercial view interfering with the historical " . , : '" . .. Page 5 - March 31, 2005 Appl. No. 5408 - Orient Fire District 18.-5-13.8 at Orient and rural vistas on the New York State designed Scenic Byway, and the Town of South old's major east-west thoroughfare. It is the opinion of this Board that a 90 ft. high tower would be a reasonable alternative, and would be more conforming to the code limitation for 60 ft. height. 8. At the public hearings, the Board asked the applicant whether the tower could be reduced in height. No proof was offered to show whether a lower structure was in good faith planned and constructed at any other locations, for any periods of times, with alternative designs or at an alternative, lower height. The applicant did not present detailed evidence as to which sites could be or may have been considered in its analysis. There has been no evidence introduced that would demonstrate the grant of the alternative relief of a lesser height will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 9. Also, after considering the heights of the existing towers in Mattituck and Southold, and the police request for a 90 ft. high AGL system, it is the Board's determination that a 90 ft. tower by the OFD is the minimum necessary to be sufficient for the purposes requested. 10. Grant of the alternative relief, at 90 feet in height, is the minimum action necessary and adequate to enable construction of a communications tower, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 11. Grant of the area variance related to the code required five acres will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The OFD does not own any other property other than the subject parcel, and the benefit cannot be sought by some method, feasible for the applicant to pursue, other than an area variance for the requested minor relief, or 14% reduction from five acres to 4.35 acres, at the existing communications site. 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 Chairwoman Oliva, seconded by Member Orlando, and duly carried, to DENY the variance related to the requested 120 ft. height of the tower and to GRANT ALTERNATIVE RELIEF for a 90 ft. higfl tower, with required screening around the equipment shelter structures; to GRANT the lot size variance for this 4.35 acre site; to GRANT zoning approval under Section 100-162A, for a public safety, wireless communications tower use by the Orient Fire District, confirmed as a special district; and to -,0' .; ~ '" .. . Page 6 - March 31, 2005 Appl. No, 5408 - Orient Fire District 18,-5-13,8 at Orient CONFIRM that the Board of Appeals is without authority under Section 100- 162A(3}, pursuant to the Board of Appeals Interpretation rendered November 6, 2003 under Appeal No. 5357, and that, in any event, pursuant to Section 100- 162A(5} the restrictions regarding proximity to landmark properties are not applicable to properties within a special district. Vote of the Board: Ayes: Simon. Nay: Member Dinizio, Members Oliva (Chairwoman), Goehringer, Orlando, and This resolution was duly adopted (4-1). () u-Vk f) ,(]~ Ruth D. Oliva 4/1f./05 Approved for Filing - .. . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 31,2005 ZBA Ref. 5636 - WilLIAM AND PATRICIA MOORE Street & locality: 51020 Main Road, Southold; CTM 70-2-8. Zone: Residential-Office Date of Public Hearing: March 3, 2005 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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. The Zoning Board of Appeals held a public hearing on this application on March 3, 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: . REQUESTS MADE BY APPLICANTS: The applicants have requested the following: A) Special Exception under Section 100-71 B (ref. 100-91 B) for the establishment of two Apartment uses within the principal building. The principal building is occupied with professional offices, and an accessory building is used as a garage. The property is located in the Residential-Office Zone District. B) An area variance for the existing location of an accessory garage in a yard designated as a side yard Code Section 100-33 after proposed expansion of the principal building, instead of a required rear yard, based on the Building Department's October 8, 2004 Notice of Disapproval, amended January 14, 2005. PROPERTY FACTS/DESCRIPTION: This property is 40,099 sq. ft. in area with 122.85 feet along the east side of the Main Road (SR.25) in Southold. The property is improved with a single-story and two- story frame building, an accessory garage and metal shed, as shown on the February 19, 1998 survey prepared by Joseph A. Ingegno, L.S. The principal building is shown at 15.9 feet from the westerly (front) lot line, 31.9 feet from the northerly (side) lot line, 67.6 feet from the southerly (side) line, and at least 260 feet from the most easterly (rear) lot line. FINDINGS OF FACT In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-71B (ref. 100-91) to establish Apartment uses in the Residential-Office Zone District and finds that the application complies with the requirements for the reasons noted below: 1. Each of the two apartments are proposed to meet the minimum requirements of the NYS Building Construction Code and other provisions of the Southold Town Zoning Code, and the applicants will obtain final review determinations by the Building Inspector at the time of submitting final documentation Page 2 - March 31,2005 ZBA Ref. 5636 - W. and P. Moore CTM 70-2-8 . " .. and applications for a building permit and certificate of occupancy. 2. The applicants confirmed that their parking plan complies with the layout and number of parking spaces required under the site plan regulations of Chapter 100 (Zoning), and that an application has been in the review stage through the Planning Board. 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: SPECIAL EXCEPTION 1) The establishment of two Apartments are permitted uses in this Residential-Office (RO) Zone District, as noted in the Building Inspector's October 8, 2004 Notice of Disapproval, amended January 14, 2005, and provided by Article V)I, Section 100-71.3B reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception granted will not prevent the orderly and reasonable use of adjacent properties. 3) The Apartment use(s) will not prevent orderly 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) An Apartment is listed under Code Section 100-71B as an authorized use, subject to special exception review action by the Board of Appeals, and site plan approval from the Planning Board, prior to obtaining permits from the Building Inspector. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. AREA VARIANCE 7) Grant of the relief requested will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties. The accessory building is an existing garage presently located in the required rear yard. However, after construction of a proposed addition to the principal building, the yard in which this building is located will be re-designated as a side yard, based on the yard definitions under Section 100-12 of the zoning code. 8) The benefit sought cannot be achieved by some other method, feasible for the applicants to pursue, other than an area variance, because the garage was constructed in its present location more than 30 years ago. (]Jage 2 of3 ... "age 3 - March 31, 2005 ZBA Ref. 5636 - W. and P. Moore CTM 70-2-8 9. Although the area variance is substantial (100% of the garage is located in a side yard), the existing location of this garage is not being changed. 10. No evidence has been submitted to indicate that this variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 11. The difficulty is self-created and is related to the applicant's plan to enlarge the principal building, which places the garage in a side yard, rather than behind the principal building. 12. The relief granted is the minimum determined necessary and adequate for enjoyment of continued use of the accessory building as a garage, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. RESOLUTION: On motion by Member Orlando, seconded by Member Goehringer, it was RESOLVED, to GRANT the application as applied for, for the location of two apartments in the principal building shown on the site maps prepared by Chorno Associates dated 9/10/04 and 1/6/05, SUBJECT to the following conditions: 1. A minimum 20 ft. wide clearance shall be provided between the principal building with the new addition and the accessory garage; 2. There shall be no backing out of vehicles onto the street. 3. Site Plan approval from the Planning Board and other applicable permits shall be obtained before occupancy of the new floor areas. Vote of the Board: Ayes: Members liva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). RUTH D. OLIVA, CHAIRWOMAN 4 If /05 Approved for Filing Pag' 3 of3