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HomeMy WebLinkAboutZBA-10/05/2000 SPECAPPE~ALS B~OAR~D MEtViBERS 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 THURSDAY, OCTOBER 5, 2000 A Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold-ToWn Hall, 53095 Main Road, Southold, New York 11971, on Thursday, October 5, 2000 commencing at 6:30 p.m. Present wore: Gerard P. Goehringer, Chairman James Dinizio, Jrt, Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTIONS/OTHER ACTION: A. RESOLUTIONS: Motion was made by Chairman Goehringer, seconded by Members Tortora and Collins, it was RESOLVED, to confirm: 1. Appl. Of Norman Wamback withdrawn as requested by the owner; 2. Request of Norma Miller to cancel October 19, 2000 hearing, pending receipt of a C.O. for existing dwelling,a requirement for a B & B use; and 3. Request of attorneys for Martin Rosen for adjournment of hearing date to amend Notice of Appeal. Tentative hearing date: November 16, 2000 pending receipt of amendment; and 4. New hearing date for Appl. of Dolores Principi, pending receipt of additional information; and 5. Postponement request and hearing date of November 16, 2000 in the Application of Sprint Spectrum/Baxter. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing This Resolution was duly adopted (5-0). Page 2 - Minutes Meeting I~eld Oct'obe~ 5, 2001~ Southold Town Board of Appeals II. PUBLIC HEARING (this hearing was a carryover calendared from a previous meeting): On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to confirm the application of the ELI Cancer Resource Center withdrawn, as requested by applicants. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). III. DELIBERATIONS/DECISIONS: Carryovers from last month: The Board deliberated and rendered decisions on the following applications. Copies of the following originals are attached and incorporated herein as though written herein in their entirety, which outlines the official Actions of the Board adopted and filed with the Office of the Town Clerk pursuant to New York Town Law: Approved: Appt. No. 4849 - T. Tsatsos. Appl. No. 4852 - Helen Garvey. Appl. No. 4856 - John Wolleben. Appl. No. 4857 - R. Gazzola/J. Zoumas. Appl. No. 4861 - L. Gazzola. Appl. No. 4828 - R. D'Urso and R. Overhuls/M. DeLuca. Appl. No. 4860- Old Harbor Associates. Relief with Conditions: Appl. No. 4859 - R. Ingram. Appl. No. 4858- A. Leudesdorf/W. Mandel. IV. Denial: Appl. No. 4813 -A. & S Southold Oil/EMT Inc. OTHER/REVIEWS: CORRESPONDENCE: A letter was received from the Southold Citizens for Safe Roads, Inc. concerning Cross Sound Ferry. The Chairman was authorized to send a reply acknowledging that there is no active status of the above project with the ZBA at this time. PageS- Minutes Meeting held October 5, 2000 Southold Town Board of Appeals was present and asked the status of the application. The Chairman offered the inquiry to other Board Members, and the Members said they would hear her reasons for the request at the November meeting. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to calendar November 16, 2000 at the date to hear the request of Dr. Vallo Benjamin for a rehearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting ended at 8:15 p.m. Respectfully submitted, Atta o r i g-I ,~_.~ard P. Goehringer, Ctiairm RECEIVED o' ~ Sout~own Clerk ~d_[hda Kowalski 11/27/00 Board Secretary A~I~ET~BOARD MEMBER$~_~. Gerard P. Goehfinger, 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 SOUTHOI~D FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5, 2000 Appl. No. 4858 - ARTHUR AND FRANCES.LEUDESDORF/W. MANDFI Street and Location: 1700 Hyatt Road, Southold 1000-50-01-005 Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 38,792.79 sq. ft. with 100.03 feet frontage on Hyatt Road in Southold. The property is 100.03 ft. x 395.67 ft. deep and fronts along the L.I. Sound. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated August 18, 2000 states that the proposed house is located at less than 100 feet from the top of the bluff or bank of the L.I. Sound, as required by Code Section 100-239.4A. 1. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a new dwelling at 70 feet from the top of the bluff at the northeast corner and at 81 feet from the top of the bluff at the northwest corner as shown on the site plan prepared by David H. Sherwood, Architect, dated August 5, 2000 and survey map prepared by Joseph Ingegno, Land Surveyor, dated August 28, 2000. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The land slopes away from the bluff. The top of the bluff runs at an an gle across the lot, leaving property that is 81 +- ft. deep behind the bluff at its westeHy side and 70+- ft. deep at its easterly side. Applicants wish to locate their house with a greater bluff setback than existing houses on adjacent lots to the east and west. A deep depression exists between the roadway and the higher elevation. All the properties enjoy an unobstructed view of the L.I. Sound, and a water view cannot be obtained for this waterfront parcel without variance relief from the 100-foot bluff setback requirement. (2) Applicants ask to place the house approximately 70 feet and 81 ft. from the northeast and northwest corners, res pectively, from the top of the bluff. P.O. Box 151 Hampton Bays, NY 11946 Tel (516)653-6598 Fax (516)653-6 i 58 www.peconic.net/sjc September 20, 2000 Town of Southold Suffolk County, New York Re:ProposedLeudesdorfResidence 1700Hya~ Road Southold, NY To Whom it May Concern: ~ :' 7' ~, Scott Jones, principal of Scott Jones Construction, [nc., and Dean Worby, excavator f.o_r S.L.. . w~bY and Sons have carefully examined the survey prepared by Joseph Ingegno, LlCellsed Land ' ~eyor, dated August 28, 2000 and site and foundation plans prepared by David Sherwood, .: ~ ~eet;,.dated Au~mst 15, 200, in regards tO the proposed construction of a home on S.C. Tax Map We have concluded that it will be necessary to use the following equipment to complete the ..: CLEAR: ~ · Bandit chipper and rubber wheeled John Deere tractor. Combined weight- 10 ton. Cut stumps down to grade in back of house and place chips over stumps as to not disturb the bluffs "footing". · 953 Cafipillar tractor-17 ton. PeterbiR traetor-trailor-14 ton. Remove stumps and vegetation around and including building envelope. DIG: Dig hole with 953 Cat and/or Catipillar 320 Hydraulic excavator-21 ton. Remove and/or replace fill with 14 ton tractor-trailor. CESSPOOLS-SANITARY SYSTEM: · Install system with Cat 320-21 ton. Remove and/or replace fill with 14 ton tractor- trailor. BACKFILL: · Cat 953 Tree-bulldozer-17 ton. FINAL GRADE: · Cat D3-8 ton. · Cat 953-17 ton. September 20, 2000 Page 2 The use of this equipment should pose no threat to the condition of the blulE. If larger equipment is required to obtain such soil conditions as required by the Suffolk County Health Department for the septic system, the work could be staged from the area occupied by the proposed house, as to not infringe upon the bluffarea. Finally, the area of clearing (around the acjual footprint of the house) necessary for the maneuvering of this machinery is approximately 30fe~ //// //Re~/~lly submitted, S~es Construction, Inc. 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 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-t809 FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5, 2000 Appl. No. 4861 - LESLIE G~77OLA. 1000-48-5-2 Street and Location: 495 Elizabeth Lane, Southold Date of Public Headng: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 22,798 sq. ft. with 192.13 fL frontage on Elizabeth Lane (a private fight-of-way) in Southold. The lot is improved with a dwelling situated with the following setbacks: (a) 35.3 feet from the front property line at Elizabeth Lane; (b) 46.1 ft. from the northeast property line (stone driveway); (c) 32.5 ft. from the southeast property line (A. Gazzola); 53+- ff. from the bulkhead. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated August 29, 2000 states that the proposed deck addition does not meet the minimum 75 ft. setback from the bulkhead as required by Section 100-239.4B. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a 8.5 x 12.5 ft. two-story deck approximately 46 feet from the bulkhead. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties. The deck addition is consistent with established setbacks in the immediate area. The northerly comer of the dwelling is located at 53 feet. (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance because most of the dwelling is located within the 75-fL setback restriction of the zoning code. (3) The amount of relief requested is not substantial. The amount of setback reduction is five feet. (4) The variance for a deck addition will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2 - October 5, 2000 Appl. No. 4861 - L. Gaz2ola 1000-78-5-2 at Southold (5) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a two-story deck addition in a desirable location on his property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to grant the variance as applied for. VOTE OF THE BOARD: AYES: Members Go~airman~niz~, Tortora, Collins, and Homing. This Resolution w~dt~y // GE~RD CHAIRMAN APPgALS 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 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2000 Appl. No. 4859 - ROBERT tNGRAM 1000-35-8-5.8 STREET & LOCATION: 600 Shipyard Lane, East Madon DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a comer lot situated along the westedy side of Shipyard Lane and the southerly side of madna Lane in East Madon. The property is improved with a single-family dwelling with deck. The lot is approximately .70 of an area, with 151.18 ft. along Shipyard Lane and 158.36 feet along Madna Lane. The lot is shown as Lot #4 on the Map of Summit Estates, Section 1. BASIS OF APPLICATION: Article II1, Section 100-33 based on the Building Inspector's August 1, 2000 Notice of Disapproval for the reason that applicants' proposed accessory garage will be located in the front yard, in part. AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a 25' x 25' accessory garage at the westedy yard area, at 30 feet from the front line (facing Madna Lane). The remaining setback from the west property line is 47 feet. INFORMATION AND EVIDENCE: The Zoning Board held a public headng on this matter on September 14, 2000 at which time testimony was presented. At the headng, board members asked the applicant if he would be agreeable to locate the accessory garage 35 feet from the front property line on Madna Lane instead of 30 feet as proposed. The applicant agreed to accept the increased set back of 35 feet. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findlngs: (1) Grant of the vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because only 10 feet of the 25 ft. x 25 fl. accessory garage will extend into the nonconforming front yard area and the remaining 15 ft. portion of the garage will be located in the required rear yard. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area vadance because the property is a comer lot with two front yards and a limited-sized rear yard area. There are no other locations on the property which would not require a variance to construct an accessory garage. (3) The requested area variance is not substantial. Page 2 - October 5, 2000 ZBA Appl. No. 4859 - Robert Ingrain Parcel 1000-35-8-5.8 at East Marion (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 alleged difficulty has been self-created, in part, and relates to the applicant's desire to enjoy an accessory garage, and is due in part due to the physical constraints of the lot. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new accessory garage, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the alternative relief for a 35 ft. front yard setback, as applied for and agreed at the headng. VOTE OF THE BOARD: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). 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 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2000 Appl. No. 4856 - JOHN WOLLEBEN. PARCEL 1000-118-2-8 STREET & LOCALITY: 750 Bddge Lane, Cutchogue Lot #121 Amended Map B of Section B, Nassau Point Club Properties DATE OF PUBLIC HEARING: September 14, 2000. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the south side of Bridge Lane and the west side of Bayberry Road. The survey map dated May 22, 2000 shows that this lot is 1.06 acres in size to a tie line along a lagoon. The premises is improved with a single-family dwelling with garage addition, accessory building in the eastedy front yard, and dock. The property is 214.68 ft. along Bayberry Road and 228.23 feet along Bridge Lane. BASIS OF APPEAL: Building Inspector's July 14, 2000 Action. of Disapproval which reads that an accessory in-ground swimming pool is not permitted in the case of a waterfront lot when the front yard setback is less than fifty (50) feet from the front property line, pursuant to Article III, Section 100-33C. The swimming pool is proposed at thirty five (35) feet from the front property line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate an accessory swimming pool with a setback of thirty-five (35) feet from the front property line. REASONS FOR BOARD ACTION: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the accessory swimming pool will be located in the least environmentally sensitive part of this waterfront lot and will be partially screened from view by mature trees and landscaping. No evidence was presented to suggest that the relief hereby granted will produce an undesirable change in the character of the neighborhood. Many residences in the neighborhood enjoy in-ground swimming pools. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area vadance because the property is a waterfront lot subject to environmental restrictions which prohibit placement in this area. Although the Town Code allows accessory structures to be located in the front yard in the case of waterfront lots, applicant's property contains two front yards; the proposed area facing Bddge Lane, and the front yard area facing Bayberry Lane, which is used as a driveway and parking area. There are no other locations on the property which would not require a vadance to construct a sw~ taming pool. (3) The requested area vanance is not substantial. Page 2 - October 5, 2000 Appl. No. 4856 - John Wolleben 1000-118-2-8 at Nassau Point (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 alleged difficulty has been self-created, in part, and relates to the applicant's desire to enjoy a swimming pool, and is in part due to the physical constraints of the lot. In considering this application, the Board deems this action to be the m~nimum necessary and adequate for the applicants to enjoy the benefit of a new in-ground swimming pool, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora seconded by Member Collins, it was RESOLVED, to G RANT the variance, as applied for, VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This.~,esolu-tT~was d~d (5-0). A~P~BOARD MEMBERS,~f 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 APPEAI~ TOWN OF SOUTHOI.D FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5; 2000 Appl. No. 4858 - ARTHUR AND FRANCES.LEUDESDORF_NV. MANDEI Street and Location: 1700 Hyatt Road, Southold 1000-50-01-005 Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 38,792.79 sq. ft. with 100.03 feet frontage on Hyatt Road in Southold. The property is 100.03 ft. x 395.67 ft. deep and fronts along the L.I. Sound. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated August 18, 2000 states that the proposed house is located at less than 100 feet from the top of the bluff or bank of the El. Sound, as required by Code Section 100-239.4A.1. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a new dwelling at 70 feet from the top of the bluff at the northeast comer and at 81 feet from the top of the bluff at the northwest corner as shown on the site plan prepared by David H. Sherwood, Architect, dated August 5, 2000 and survey map prepared by Joseph Ingegno, Land Surveyor, dated August 28, 2000. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The land slopes away from the bluff. The top of the bluff runs at an angle across the lot, leaving property that is 81 +- ft. deep behind the bluff at its westerly side and 70+- ft. deep at its easterly side. Applicants wish to locate their house with a greater bluff setback than existing houses on adjacent lots to the east and west. A deep depression exists between the roadway and the higher elevation. All the properties enjoy an unobstructed view of the L.I. Sound, and a water view cannot be obtained for this waterfront parcel without variance relief from the 100-foot bluff setback requirement. (2) Applicants ask to place the house approximately 70 feet and 81 ft. from the northeast and northwest comers, res pecfively, from the top of the bluff. ~age 2 - October 5, 20t~ SOUthold Town Board of Appeals 1000-50-1.5 Mandel/Leudesdorf at Southold (3) The report of September 13, 2000 from the Suffolk County Soil and Water Conservation District states that no visible problems exist with the house location as proposed; that the proposed house is behind the high point of the bluff; and that the bluff appears to be stable. {4) A tremendous amount of fill would be required to achieve the benefits in locating a new dwelling in any other area; the Coastal Erosion Hazard Line as shown ~reater than 100 ~eet from the proposed dwelling location. {5) The applicant has agreed.to-landscap~i~o-~-~l~e d~ainage and agrees itaOnac. Cs.Cept the cor{difions ,o mitigate concerns, such as drainage onto neighboring (6) Grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because location of the house will be consistent with the setbacks on neighboring properties. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a dwelling with a waterview, while Preserving and protecting the character of the neighborhood and the the community. health, safety and welfare of RESOLUTION/ACTiON: On motion by Member Dinizio, seconded by Member Homing, it was- RESOLVED, to GRANT the variance as applied for subject to the following CONDITIONS: (1) All roof drainage and surface water from this site shall be directed away from the bluff and retained in dry well {s) on this property. (2) Hay bales shall be placed at 45 feet from the top of the bluff for the entire width of the property; Re-grading activities shall be limited to that applied for and referred to on Architect's site plan dated August $, 2000. (3) No further bluff setback reduction. (4) The foundation overcut shall not extend more than 15 feet around the house and no closer than 55 feet from the t (s..u. Ch as excavating for retaini o op of t.he bluff. No land distu wf ' no walls, ools rbance tn,n 85 feet from the top of the bluff P , or other structures) shall take place Page 3 - October 5, 200¢Ji Southold Town Board of Appeals 1000-50-1-5 Mandel/Leudesdorf at Southold (5) Machinery and related activities shall be as confirmed in the Septem- ber 20, 2000 letter to the Town of Southold from Scott Jones Construction, Inc. VOTE OF THE BOARD: Ayes: Members Goeh~Cr~erT-Di~zio.,~,-e~a, Co~llh~s, and Homing. This Resolution was duly' ad~i~-O)~~ .~..~..~,2/ APPI~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collh~s 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 APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5, 2000 Appl. No. 4828 - R. D'URSO & R. OVERHULS 1000-106-6-35 (to unmerge from 34) Street and Location: 1645 Bayview Avenue, Part of Lots H & I, Map of Shore Acres, Mattituck Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicants' property is shown on the 1914 Map of Shore Acres as part of Lot H and part of Lot l, and is identified on the Suffolk County Tax Map as parcel 1000-106-6-34. A February 15, 2000 survey has been submitted showing a proposed house. The lot is unimproved and contains 20,946 sq. ft., with 100 feet of frontage on Bay View Avenue and a depth of approximately 215 feet. The adjoining lot to the east, SCTM 1000-106-635, is improved with a dwelling and contains 24,142 sq. ft. with 120 feet of frontage on Bay View Avenue. BASIS OF APPEAL: Building Inspector's May 8, 2000 Notice of Disapproval which states that the subject lot (#34) has merged with the adjacent lot (#35) pursuant to Code section 100-25A, which provides that a nonconforming lot shall merge with an adjacent lot held in common ownership at any time after July 1, 1983. RELIEF REQUESTED: ~pplicants request waiver of the merger of lot 34 with lot 35. as provided for in Code Section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Under the provisions of Code section 100-25A, merger of lots 34 and 35 occurred on June 11, 1985, when title to both passed by inheritance to Dorothy A. Byrne. On December 16, 1985, Dorothy A. Byme sold lot 34 to S. Sanders and A. Schwartz, and lot 35 to N. Johnnidis. On August 29, 1986, by separate deeds, applicants purchased lot 34 from Sanders and Schwartz and lot 35 from Johnnidis. On June 30, 1988, applicants sold lot 35 to C. and V_ Allen; applicants have continued to own lot 34. Thus, the pedods of common ownership of lots 34 and 35, after July 1, 1983, are June 11 through December 16, 1985 (Dorothy A. Byme) and August 29, 1986 through June 30, 1988 (applicants). (2) C. and V. Allen, who pumhased lot 35 in June 1988, obtained a building permit at that time and built a home on the property. There is no record of any question of lot merger being raised at that time. (3) Applicants pumhased lots 34 and 35 in August 1986 as an investment. They paid $63,000 for lot 34 and $67,000 for lot 35. They sold lot 35 in 1988 for $100.000. Lot 34 is currently under contract to sell for $43,000. Page 2 - October 5, 2000 Appl. No. 4828 - R_ D'Urso & ano. 1000-106-6-35 (and 34) (4) The formal merger statute, Code section 100-25, was enacted in November 1995 but relates to common ownership at any time after July 1, 1983. In 1988, when applicants sold lot 35 and the purchasers received a building permit, the question of merger did not arise. The common ownership of the two lots ended at that time. The attorney for applicants' contract vendee testified that a review of building permit files for parcels in the area in the pedod 1983-1988 showed no evidence of inquiry into the possible merger status of lots for which building permits were sought. We have no evidence about the considerations surrounding applicants' purchase of lots 34 and 35 in 1986, but we think it unlikely that they would have purchased if they understood that they were acquiring only one buildable lot. (5) .Waiver of merger will allow for construction of one single-family residence, which will not result in a significant increase in the density of the neighborhood. (6) Lot 34 is one of the smaller in the neighborhood, but its size is not seriously inconsistent with the surrounding prope~es. Waiver will recognize a lot that is reasonably consistent with others in the area. (7) Even if the merger is waived, applicants will suffer a substantial loss on their investment in lot 34. Failure to waive the merger would result in a larger loss, by leaving applicants with an unbuildable lot. (8) Lot 34 slopes upward from the street. To build on it will probably require some leveling of land but the Board notes that the house on lot 35, which is located well above street level, seems not to have required extensive cutting away of land. No evidence was introduced to indicate that construction on lot 34 will have a detrimental effect on nearby environmental or flood areas. RESOLUTION: On motion offered by Member Collins, seconded by Member Homing, it was RESOLVED, to G RANT the waiver requested. VOTE OF THE BOARD: AYES: Members Dinizio, Collins and Homing. NAY: Member Tortora (feels there is a sedous problem with contours which is a consideration and creating lot smaller than most of others in the area). Abstained: Chairman Goehdnger. JAIV~'~ DINIZIO, JR. ~r f CHAIRMAN PRO TEM · APPEALS BOARD MEMBERS Gerard E 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 OCTOBER 5, 2000 Appl. No. 4837 - A & S OIL CORP. STREET & LOCATION: Comer of State Route 25 and Bayview Road, Southold 1000-70-7-4 DATE OF PUBLIC HEARING: May 4, 2000; June 8, 2000; July 6, 2000; September 14, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a triangular shaped parcel located at the intersection of the Main Road (State Route 25) and Main Bayview Road, Southold. The property is 12,610 sq. ft. in area, measuring 258 feet on Main Road on the west, 260 feet on Main Bayview Road to the east, and 115.7 feet on the southerly lot line. The property is zoned B (General Business) and is improved with a gasoline service station (building and two gas pump islands). BASIS OF APPLICATION: Building Inspector's March 6, 2000 Notice of Disapproval denying a building permit application for two reasons: (1) that the addition to the building to the rear of the building would reduce the already nonconforming setback of 20 feet to 15 feet, in violation of Code Section 100-242A, and (2) the proposed canopy over the gas pumps, an accessory structure, would be located in a front yard rather than a rear yard as required, and would be set back less than the required three feet from the east and west property lines. AREA VARIANCE RELIEF REQUESTED: Applicant requests variances for the following construction: (1) a 5 ft. deep addition x 27 ft. at the rear of the building, leaving a rear setback of 15 feet where a 35-foot setback is required and a nonconforming 20400! setback now exists, (2) canopy over the gasoline pump islands measuring 38 feet on the east, 36 feet on the west, 45 feet on the north, and 57 feet on the south, and with a setback one (1) foot from the easterly property line (Main Bayview Road) and two (2) feet from the westedy property line (NYS Route 25 or Main Road). REASONS FOR BOAR D ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board make the following findings: (1) A gasoline station has existed on this property for many years. The new owner wishes to install a conver ~ence store and to erect a canopy over the pump islands. Applicant's testimony indicated that the basic purpose of the project is to attract more customers by making the operation appear more modem and by offedng the protection of a canopy and the convemence of a store. The testimony also stated: (A) that the canopy is the owner's own project and is neither mandated by nor financed by the franchiser oil company and (B) that canopies are becoming common at gas stations on Long Island and elsewhere. (2) In order to have a viable convenience store, applicant needs a walk-in cooter that would use up a considerable snare of the existing service bay space, The proposed addition to house Page 2 - October 5, 2000 ZBA Appl. No. 4837 - A & S Oil Corp. Parcel 1000-70-7-zt at Soubhold the cooler is at the rear of the building, 27 feet wide and 5 feet deep. This would increase the nonconformity of the rear setback, which is now 20 feet whereas 35 feet are required. The abutting property to the south is also zoned B, and there was ~no testimony to suggest that the proposed 5-foot setback reduction would produce an undesirable change in the character of the neighborhood or detriment to nearby properties, nor that it would have an adverse effect or impact on physical or environmental conditions. (3) The subject property is small and unconventionally shaped. Of the total 634 feet of property border, 518 feet are on Main Road (heavily traveled) and Main Bayview Road (substantial traffic). The proposed canopy would effectively be located in a highly visible spot in the middle of a busy and awkward intersection. (4) The proposed canopy would be set back 1 foot from the eastedy property line and 2 feet from the westedy line, effectively filling the entire width of the property. APplicant's architect and attomey testified that the canopy cannot be smaller, because if smaller it would not be up to what was referred to as the "industry standard." (5) Two benefits of the canopy were emphasized in applicant's testimony: improved fire suppression and reduced diffusion of lighting. Testimony indicated that the current fire suppression system complies with the law, but that a canopy would improve it by extending coverage from just the pumps to include cars parked at the pumps. Applicant's representative had no information as to any savings that might result in applicant's insurance costs. (6) Applicant's testimony indicated that the canopy would focus lighting downward to reduce its lateral diffusion. This was offered as a benefit of the canopy. Alternative methods of reducing light diffusion were not discussed, but the Board is in general agreement with the contention of a neighbor that there are alternative methods of lighting control not requiring a canopy and thus not requiring the requested variances. (7) Applicant's presentation indicated that an upgraded system of curbing and curb cuts would accompany construction of the canopy, to impose order on the traffic entedng and leaving the gas station. The Board notes that this desirable improvement can be accomplished without construction of the canopy and thus without need for the requested variances. (8) The land immediately across Main Bayview Road from the subject property is a long- established residential area. Residents of that area, and others from nearby, testified to their grave concern over the impact of the proposed canopy on the character and appearance of the neighborhood. One major concern was the size of the canopy and its likely interference with open views and its visually dominating effect in the neighborhood. Another major concern was the role of the canopy in changing the gas station from a low-key operation to a more sharply defined, cleady commercial, visually dominant operation immediately adjacent to the established residential neigi~borhood. Page 3 :- ~ 5, 2000' ZBA Appl. No. 4837 - A & S Oil Corp. Parcel 1000-70-7-4 at Southold (9) On the basis of personal observation, some Board members believe that the proposed canopy would block some sight lines for traffic at the intersection of Main Road, Main Bayview Road and Ackerly Pond Road. This is already a complex, difficult intersection and encroachment on sight lines would be a threat to the safety and welfare of the Town. (10) The Board concludes that grant of the requested vadance for a further 5-foot encroachment into the required rear yard is the minimum necessary to enable applicant to have the benefit of a convenience store while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (11) The Board concludes that the benefit to the applicant from the grant of a variance authorizing construction of the proposed canopy is outweighed by the detriment to the health, safety and welfare of the community. The canopy would be a large structure dominating the intersection, blocking open views and traffic sight lines, and contributing to an undesirable change in the character of the immediate neighborhood toward a more urban commercial atmosphere, to the detriment of long-established residential properties. RESOLUTiON/ACTiON: On motion by Member Tortora, seconded by Chairman Goehdnger, it was RESOLVED, (1) to GRANT the requested variance authorizing a 15-foot rear yard setback, and (2) to DENY the requested variances to locate a canopy in the front yard and with nonconforming one-foot and two-foot setbacks. VOTE OF THE BOARD: AYES: Members Goehdnger_(_C.~rman), Tortora, Collins, and Ho ming. NAY:Me tuber Dinizio, who d esi red to g ra~~d"va JGERARD P. GOEHRINGER, CHA~AN P~PP'EALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horn'mg 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 REGULAR MEETING OF OCTOBER 5, 2000 Appl. No. 4849 - TANAS TSATSOS 1000-38-3-9.2 (merged with adjoining 9.3) STREET & LOCALITY: 850 East Gillette Ddve, East Madon DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Map of Marion Manor filed in the Suffolk County Clerk's Office as Map No. 2038, Lot No. 49. The lot waiver request is for a lot of 14,810 sq. ft. This lot has a 100 ft. of road frontage. The adjoining lot, CTM #9.3; Lot #49 on the Madon Manor Map is 15,067 +- sq. ft. and 100 ft. of frontage along both Gillette Drive and East Gillette Drive. EaSt Madon. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's July 12, 2000 Notice of Disapproval stating that lot 9.2 and 9.3 merged under Article II, Section 100-25A. RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 9.2 from CTM No. 9.3. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: The history of the property is as follows: a) On March 18, 1958 the Map of Madon Manorwas filed with the Suffolk County Clerk as Map No. 2038. The subject properly is shown on this map as lots 50 and 49. b) The subject property (Subdivision Lots 50 and 49) is shown on the former County Tax Map dating from 1973 to 1996) as one lot on the Suffolk County Tax Maps, referred to as 9:1. c) During 1996, the County re-identified the property into two lot numbers, 9.2 and 9.3 (removing 9.1) d) Under the provisions of Section 100-25, the subdivision Map of Marion Manor was shown on the exception list of subdivisions of former Code Section 100-12 of the Zoning Code until December 31, 1996. e) The property remains as deeded in 1973 without change in description, ownership or lot numbers. 2. The merger statute, Code Section 100-25, was enacted in November 1995 ~3ut relates to common ownership at any time after July 1, 1983, and after January 1, 1997 for lots on Excepted Subdivisions of: former Code Section 100-12. Page 2 - October 5, 2000 Appl. No. 484g - T. Tsatsos 1000-38-3-9.2 (and 9.3) at East Marion 3. Waiver of merger will allow for construction of one single-family residence, which will not result in a significant increase in the density of the neighborhood. 4. Waiver will recognize a lot that is reasonably consistent with others in the area. The lots are each of a size consistent with the Madon Manor development. In fact there other .lots in the vicinity of these lots that are smaller in size. 5. No evidence was introduced to indicate that construction on lot 9.2 or 9.3,will have a detrimental effect on environmental or flood areas. 6. Waiver of the merger will recognize the odginal lot lines set forth on the Madon Manor Subdivision map. 7. The owners and Board understand that any future construction will be subject to reviews by other appropriate agencies. 8. The contours of the property will not be substantially altered. 9. No evidence has been submitted to suggest that land contours would be substantially altered. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Homing, it was RESOLVED, to GRANT the Lot Waiver, unmerging County Tax Map Lots 9.2 and 9.3 as applied for. VOTE OF THE BOARD: AYES: Members Goehdnger~an), Dinizio, and Homing. NAYS: Members Toll:ora and Member Collins) for,,cthe~a~a~ is too~sl~all j in size. Th isResolutionwasdulyadopted~ ~ JGERARD P. GOEHRINGE--'R, CHAIRM~N APPEALS,BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tormra 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 OCTOBER 5, 2000 Appl. No. 4860 - Old Harbor Associates 1000-117-3-8.6 STREET. & LOCATION: 1195 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: September 14. 2000 FINDINGS OF FACT PROPERTY FACTS: Applicant's property comprises 17,437 sq. ft., measuring about 110 x 142 feet, located on a pdvate dght of way off Old Harbor Road in New Suffolk. A survey by John C. Ehlers dated Apd130, 1999 shows a 2-story house located in the southerly part of the property. The south side of the house is 10 feet from the southerly lot line and the rear of the house is 29'4" from the rear lot line. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 28, 2000 denying a permit to build an accessory garage for the reason that the garage would encroach into a side yard Code section 100.33 requires that accessory structures be in the rear yard. RELIEF REQUESTED: Applicant requests a variance authorizing construction of the garage as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Location of the existing ~ouse results in the rear yard being 29'4" deep. The proposed garage building is located in the rear yard. It is 22 feet deep and set back 5 feet from the rear lot line. The element that encroaches past the rear line of the house and into the northerly side yard is a 5-foot roof overhang along the front of the garage. The encroachment is 2'8~. (2) The building itself is located in the rear yard. The roof overhang is an architectural feature intended to enhance the appearance of the building, but it is not part of the footprint. The encroachment is very modest. For these reasons, grant of the requested vanance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance wil have an adverse effect or Im pact on physical or environmental conditions. Page 2 - October 5, 2000 AppL No. 4860 - - Old Harbor Associates 1000-117-3-8.6 at New Suffolk (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a garage of the desired design 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 Tortore, it was RESOLVED, to Grant the vadance as requested. VOTE OF THE BOARD: AYES: Members Goehdnger~'n~ra,~__,o~s, and Homing. This Resolution was duly adop.~3:0~ ~ A.PPEALS 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 REGULAR MEETING OF OCTOBER 5, 2000 Appl. No. 4852 - HELEN GARVEY 1000-115-12-7 (merged with adjoining Lot 8) STREET & LOCALITY: 550 Deep Hole Drive, MaUJ;.uck DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT -' PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot consisting of 50 ft. x 220 ft. along the northerly property line. The adjoining lot (8) is a vacant lot consisting of 50 ft. x 2'0.34 feet along the southerly property line. Both lots front along Deep Hole Drive in Mattituck. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's May 30, 2000 Notice of Disapproval stating that lot 7 and 8 merged under Article II. Section 100-25A RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 7 from CTM No. 8. REASONS pmsen~d, findings: FOR BOARD ACTION, DESCRIBED BELOW: BaseC on the testimony materials submitted and personal inspection, the Board makes the following 1. During 1973, the applicant acquired Lot 7 from R. Mulhem. The adjoining lot (Lot 8) was acquired by the applicant's parents, Thomas V. and Helen V. Garvey, from James Gildersleeve and others dudng 1956. Lot 8 was conveyed in 1983 from the applicant's parents to the applicant, Helen Garvey. 2. Both lots have been treated physically as separate properties and separate ownership since 1956. 3. About 1995 the Town enacted Article II, Section 100-24, Lot Creation, and Section 100-25, with regard to nonconforming lots. A Lot Waiver procedure was also enacted for lots which receive a merger determination for any time pedod after 1983. 4. Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential for the construction of only one s~ngle-family home. Appl. No. 4852 October 5, 2000 1000-115-12-7 at Mattituck (Garvey) Southold Town Board of Appeals 5. Waiver of the merger will recognize lots that are consistent with the size of lots in the neighborhood. The lots are similar in size to other lots in this neighborhood and conformed to the code requirement at the time of their creation. The southerly neighboring property consists of a lot of the same size and character. 6. Waiver of the merger will recognize the odginal lot lines (outer perimeter) set forth in Deeds dated March 24, 1956 and March 21, 1956. _ ~ 7. The Board and applicant understand that any future construction will be subject to reviews by other appropriate agencies. 8. If the merger is not waived, the applicant will not be able to use her land for a single- family dwelling. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the Lot Waive r to unmerge County Tax Map Lots 7 and 8 as applied for. VOTE OF THE BOARD: AYES: Members Dinizio. Collins, and Horning. Nays: Members Goehdnger (Chairman) and Tortora for the~Oo ~.~yn was duly adopted 3-2 /GERARD~P. GOEHRING~R, CHAIRI~I RECEIVED ~ND_~, ~_FILED~ -BY ATPPEALS~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 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2000 Appl. No. 4857 - ROBERT GA77OLA/JOHN ZOUMAS STREET & LOCATION: 750'Cedar Ddve, Southold DATE OF PUBLIC HEARING: September 14, 2000 1000-78-9-5.1 FINDINGS OF FACT PROPERTY FACTS: The subject property is an unimproved lot on the east side of Cedar Lane in Southold measuring 200 feet on Cedar Lane and 120 feet in depth. The lot area is 24,000 sq. ft. Applicant Zoumas proposes to build a house for J. and R. Gazzola, the prior and prospective owners of the property. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated August 16, 2000, denying a permit to build a house on the subject property for the reason that the proposed front yard (38 feet) and rear yard (45 feet) are less than required by Code section 100-244B (40 feet and 50 feet, respectively). RELIEF REQUESTED: Applicant requests a variance to locate a house, as proposed, with a front setback of 38 feet and a rear setback of 45 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant testified that the pdor and prospective owners of the property, J. and R. Gazzola, have selected a specific house design, and that this house cannot be built on this lot without the requested variance. (2) The requested front yard variance is modest, entailing a reduction of 2 feet from the required 40 feet, and a rear yard reduction of 5 feet frem the required 50 feet. Applicant submitted evidence showing that the proposed 38-foot front setback is consistent with the existing houses on the block. For these reasons, grant of the requested front yard vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) The requested rear yard vadance entails a reduction of 5 feet from the required 50 feet. The Board believes that a lesser reduction - that is, a greater rear setback- is feasible by means of a minor change in design. (4) A property owner to the rear of the subject property expressed concern about drainage onto his property. Because of this, the Board imposes a condition on the variance granted below, limiting the cleadng of the land at rear of the property. Page 2 - October 5, 2000 ZBAAppl. No. 4857- R. Gazzola/J. Zoumas Parcel 1000-78-9-5.1 at Southold (5) The action set forth below is the minimum necessary and adequate to enable applicant to build a house of the desired design while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizic, it was RESOLVED, (1) to GRANT the requested variance for the front yard setback, and (2) to DENY the requested variance for the rear yard setback and ALTERNATIVELY to GRANT a vadance authorizing a rear setback of 47 feet, subject to the following CONDITIONS: (A) The natural vegetation shall remain undisturbed, and maintained as a buffer in good condition, for 20 feet inward from the rear property line; (B) Roof gutters shall drain into drywell(s); (C) The Board reserves the dght to inspect and review the final plan for drainage, or to consult with the Town Engineer upon completion of the project as to whether the pitch or other preventive action may be necessary regarding on-site water drainage in his opinion VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Homing. NAY: Member Collins (because a reasonable house~an be..buiJ~r'oT~'~e pro~gp__e~r[y without the need for any variance). This Resolution was dulyadopt/ed (4-17/" GERARD P. GOEHRINGER CHAIRMA~