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HomeMy WebLinkAboutZBA-06/23/1998 SPEC MINUTES TUESDAY, 3UNE 23, 1998 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall~ 53095 Main Road, Southold, New York :L1971, on TUESDAY, 3UNE 23~ 1998 commencing at 6:15 p.m. Present were: Gerard P. Goehringer~ Chairman 3ames Dinizio~ 3r., Member Lydia A. Tortora, Member George Homing, Member (until 9:10 as agreed) Lora S. Collins, Member Linda Kowalski~ Secretary to ZBA 6:22 p.m. Chairman Goehringer called the meeting to order (when all members were present). AGENDA ITEM I: DELIBERATIONS/DECISIONS, carryovers from prior meeting, as listed below. The originals of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Appl. 4559 - C- PL]:ACO.NIS. Conditional approval. Page 2 - Minutes Special Meeting of 3une 23, :t998 Southold Town Board of Appeals Appl. 4560 - R. SHANK. Conditional approval. Appl. 4547 - R:IVERHEAD BU:ILD:ING SUPPLY. Conditional approval. Appl. 4568 - DOM:INTCK SEGRETE. Deniel, and Granted Alternative. Appl. 4569 - FRANK KROPF. Approved. Appl. 4570 - 3OSEPH FRAZZ:ITTA. Denied, and granted Alternative. Appl. 4572 - N:ICHOLAS METHVAN. Approved with condition(s). Appl. 4575 - FRANK GASTON. Approved with condition(s). Appl. 4571 - WALTER M:ILL:IS. Lot coverage. Appl. 4576 - CHARLES D. SNYDER. Approved. Appl, 4577 - CARL AND LYNNE FR:ITSCHER. Approved. Appl. 4578 - STEPHEN and ANGELA PUTZL Approved with condition(s). Appl. 4580 - ALBERT AND 3AN:ICE RATTL Approved. Appl. 4574 - PREM CHATPAR. Approved with conditions, 9:08+- p.m. Member Horning, Fishers :Island Member, was excused for the last return ferry. zL RESOLUTZONS/M:ISCELLANEOUS UPDATES: A. RESOLUT:ION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, authorizing the advertisement of the following applications for public hearings to be held Thursday, 3uly 23, 1998 (including Appl. #4588 M. Pisacano): 6:15 p.m. Appl. No. 4590 - W. KRUPSKL A Variance is requested under Article XX:IV, Section 100-244B for a proposed addition to existing dwelling with an insufficient front yard setback. Location of Property: 315 Pat Lane, Mattituck, NY; Parcel #1000-114-10-6. 6:20 p.m. Appl. No. 4591 - A. ROMANO. A Variance is requested under Article :I:I:IA, Section 100-30A.3 of the Bulk and Parking Schedule, based upon the Building :inspector's 3une 15, 1998 Notice of Disapproval for a permit to construct addition and alteration for a seasonal dwelling, which states: "Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule in the R-40 Zone, the lot size of 8,662 sq. ft. has an allowable lot coverage of 20% or 1,735 sq. ft. Proposed construction will have 1,980 sq. ft. of lot coverage of 22.9+- percent.'' Location of Property: 1380 Leeton Drive, Southold, NY; Parcel #1000-58-2-2. Appl. No. 4593 - Z. SVATOV:IC. A Variance is requested under Article XXIV, Section 100-244B for a new dwelling with proposed insufficient rear Page 3 - Minutes Special Meeting of 3une 23, 1998 Southold Town Board of Appeals yard setback (less than the required 35 feet). Note: Art. XXlII, Sec. 100- 232A, corner-lot front yards are required from both roads, and one yard other than the front shall be deemed a rear yard and the other a side yard. Location: 12355 New Suffolk Avenue, Cutchogue; 1000-116-5-2. Appl. No. 4595 - W. TUFANO. Variance under Article XXIII, Section 100-239.4B based on the :luly 15, 1998 Notice of Disapproval in which applicant has applied for a building permit to construct new dwelling with deck addition at less than 75 feet from existing bulkhead. 2482 Camp Mineola Road, Mattituck, NY; Parcel #1000-122-9-9.6. Appl. No. 4587 - 3OHN DWYER. Variance under Article XXIV, Section 100-244, based upon the Building Inspector's May S, 1998 Notice of Disapproval which disapproved an application for a permit to construct an addition to dwelling for the reason that it encroaches on the combined side yard setbacks. Location of Property: 2625 Bay Shore Road, Greenport; 1000-53-4-21. Appl. No. 4596 - BERYL CAFFREY. A Variance is requested under Article III, Section 100-33B-4 for a corner of the "as built" accessory building under Building Permit #22394Z issued 10/17/94. The foundation is setback at less than the required 20 ft. side yard setback. Location of Property: 9395 Sound Avenue, Mattituck; Parcel #1000-121-2-4. Appl. No. 4581 - 3OSEPH LEBKUECHER. This is a request for a Variance based upon the Building Inspector's March 4, 1998 Notice of Disapproval regarding the proposed construction of a retaining wall up to 20 ft. in height and fence 6 ft. in height. The reasons for both disapprovals are because both as proposed in the front yard in this A-C District are not permitted to be higher than 4 ft., Article XXIII, Section 100-231-A. Location of Property: 935 Franklinville Road, Laurel, NY; 1000-125-2-2.2. Appl. No. 4594 - M. FERRARIS. A Variance is requested under Article XXIII, Section 100-231B based upon the Building Inspector's 3une 15, 1998 Notice of Disapproval which states: "Fences located in side or rear yards shall not exceed 6-1/2 feet in height." The fence is proposed for the existing accessory tennis court structure. Location of Property: 3585 Orchard Street, Orient, NY; Parcel 1000-27-2-2.10. Appl. No. 4589 - R. SLED3ESKL Special Exception under the Zoning Ordinance, Article III~ Section 100-31B-13 for Accessory Bed and Breakfast Use. Zone District: LB Limited Business. Location of Property: 305 North Road at intersection with Sound Road, Greenport~ NY; Parcel ID #1000-35-1-21. Page 4 - Minutes Special Meeting of 3une 23, 1998 Southold Town Board of Appeals Appl. No. 4509 - E. TONYES/SOUTHOLD AUTOMOTIVE. Location of Property: Citgo Station~ S4360 Main Road~ Southold, NY:~ Parcel 1000-61- 4-23. This is an application requesting Variances based upon the Building Inspector's August 13~ 1997 Notice of Disapproval. Applicant has applied for a building permit to construct addition and to alter existing gasoline station building, and the application was disapproved for the following reasons: "under Article XXIV, Section 100-243A, a nonconforming building with a nonconforming use shall not be enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear yard .... " Appl. No. 4544 - MARTIN ROSEN. Location of Property: 11780 Sound Avenue, Mattituck~ NY; #1000-141-3-44. Applicant is requesting an Interpretation regarding a proposed tower structure in this LIO Light- Industrial-Office Zone District~ and/or Variances for a proposed tower structure under Article XIV~ Sections 100-165B, 100-142, 100-165B, 100- 162C.3. Appl. No. 4579 - EDWARD & AUDREY CIELATKA. This is a request for a Special Exception to establish Accessory Apartment Use in the principal building of the owner-applicants as provided under Article III, Section 100-31B-13 (formerly 100-31B-14) of the Zoning Code. Location of Property: 260 Cedar Summit Road, Southold, NY; 1000-78-9-29 (Bayside Terrace). Appl. No. 4544 - MARTIN ROSEN (OWNER: Booker & ano). Location of Property: 11780 Sound Avenue, Mattituck; County Parcel #1000-141- 3-44. This is a request for Interpretation and/or Variances based upon the Building Inspector's February 18~ 1998 Notice of Disapproval, disapproving a building permit application to construct a tower for telecommunications use, for the following reasons: 1) the proposed telecommunications tower being located on a non- conforming lot in an LI District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. X[V, 100-142; 3) the proposed tower is required to be located at least one-hundred (100) feet from the nearest dwelling unit pursuant to Article XVI, Section 100-162C.3 .... " Page 5 - Minutes Special Meeting of 3une 23~ :1998 Southold Town Board of ApPeals VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED by unanimous vote of the Board (4-0, with one member absent at this time.) AGENDA ITEM II-B. Inspections for 3uly 23, 1998 public hearings were continuing. AGENDA ITEM II-C. A reminder was noted for the 3une 25, 1998 Code Committee to be held at 8 a.m. AGENDA ITEM II-D. Communications. All Board Members concurred with the Chairman's response to Contractor Clem Charnews regarding the Livanos application, and the 16" angle (minor change by owner), with no objection. AGENDA ITEM II-E. RESOLUTION. Motion was made by chairman Goehringer, seconded by Member Dinizio, and duly carried, to calendar the application of TONYES REALTY CORP. for a public hearing to be held on August 13, :[998. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED by unanimous (4-0) vote of the Members present. AGENDA ITEM II-F. RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to add a possible new application of Higgins to the August :[3, :[998 hearing calendar in the event it is submitted in complete form by the advertising deadline. This Resolution was duly adopted. Page 6 - Minutes Special Meeting of 3une 23, 1998 Southold Town Board of Appeals The Chairman declared the meeting adjourned at 9:30 p.m. Respectfully submitted, waiski Board Secretary (Copies of 14 Decisions Attached.) R~CS!I?zD Z%ND PILED BY 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4574 - PREM CHATPAR PARCEL 1000-90-2-9.1 STREET & LOCALITY: 680 MIDWAY ROAD, SOUTHOLD DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located along the southerly side of Midway Road, extending to the easterly end. The total land area (upland and wetland to tie lines) is 44,995.85 sq. ft. The survey, prepared by Joseph A. Ingegno is last-dated May 19, 1997, and shows the location of the existing two-story frame house and one-story frame garage (to be removed). BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: "Your application dated December 20, 1996 for permit to construct a two-story addition to an existing dwelling and an accessory garage ...is disapproved on the follow- ing grounds: the two story addition and the proposed construction of accessory garage encroaches on setback requirements of 75' to bulkheads, concrete wall, riprap or similar structure, Article XXIII, 100-239.4B." AREA VARIANCE RELIEF REQUESTED: applicant are: The variances requested by a) To construct two-story addition at the southeasterly corner of dwelling, with proposed setbacks at 39 feet and 46 feet (variables at the closest measurements) to the existing closest bulkhead; and b) To locate an accessory garage of 25.6" x 28' in size, plus extension and wooden step area of approximately 64 sq. ft., all as shown on amended sketch: the setbacks are proposed at 75 feet from the most easterly bulkhead, 52 feet from the southerly bulkhead, and 61.5 feet from the northerly property line at its closest points. (This proposal was modified by applicant as a result of the June 11, 1998 hearing and discussions. The applicant's original proposed location was 66 feet to the easterly bulkhead, 54 feet to the southerly bulkhead, and 59.5 feet to the northerly property line. ) Page 2 - June 23, 1998 Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals APplicant, through his attorney, has indicated in this application that he is not requesting variances based upon former Notices of Disapproval issued 1/6/97 by the Building Inspector. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: Applicant intends to remodel the existing house, including an addition of roughly 250 square feet to fill in the house's southeast corner, and to replace the existing garage with a new garage plus study. Applicant requires variances, as described above, from the Code's requirement that structures be set back at least 75 feet from bulkheads. On the basis of testimony present and personal inspection, the Board makes the following findings: (1) The proposed addition at the southeast corner of the house is a key element in applicant's remodeling plan. The addition is proposed to be 39 feet from the bulkhead at its closes.t point, whereas the southeast corner of the house at present is approximately 50 feet from the bulkhead. A setbaei~ of 39 feet is not inconsistent with setbacks on neighboring properties, and the granting of a variance allowing such a setback will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. (2) The requested variance relating to the house addition is not substantial in view of: a) the setbacks on neighboring properties and (b) the fact that the entire rear face of the house will continue to be at least 75 feet from the southerly bulkhead on Peconic Bay. (3) The requested variances in relation to the house addition will not have an adverse effect or impact~ on physical or environmental conditions in the neighborhood. (4) The existing garage is deteriorated, and the benefit of a proper garage can be obtained only by construction of a new building, the location of which is somewhat constrained by the location of the septic system (as well as by convenience). Applicant's amended plan shows the new accessory garage building set back 75 feet from Midway Inlet and 52 feet from /the southerly bulkhead on the sandy beach. The existing accessory garage building is approximately 50 feet from that southerly bulkhead at its closest point. (5) The grant of the requested variance relating to the garage will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback from the southerly bulkhead changes very little from the current setback, and in fact is increased. Such a variance is not substantial. Page 3 - June 23, 1998 Appl. No. 4574: 1000-90-2-9.'1 (Chatpar) Southold Town Board of Appeals (6) No regrading or filling of the land is planned. Construction of the new garage-plus-study in the location proposed in applicant's amended plan will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to remodel the house and have a proper garage while also preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion seconded by Member Dinizio, it was by Chairman Goehringer, RESOLVED, to GRANT the variance relating to the house addition as applied for and, as alternative relief relating to the garage to GRANT a variance authorizing the location indicated in applicant's amended request submitted on June 12, 1998, subject to the following CONDITIONS: (1) The subject accessory building shall be used only for purposes accessory and incidental to the use of the dwelling and shall under no circumstances be used for habitation, rental, or other unauthorized purposes and in accordance with Owner-Applicant's sworn Affidavit of February 2, 1998; (2) The subject accessory building may contain one three- quarter bathroom (a toilet, sink and shower) which shall be located on the ground floor (in no event shall more than one such facility be permitted; (3) The subject accessory' building shall not exceed eighteen (18') feet in height in accordance with Section 100-33 of the Zoning Code. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, A~ ~ ~ / /~.ER'~kRD P. GOEHR 90-2-9.1 ///Approved 6/27/98 ' APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4570 - JOSEPH FRAZZITTA PARCEL 1000-92-1-6 STREET & LOCALITY: 1420 INLET WAY, SOUTHOLD DATE OF PUBLIC HEARING: JUNE 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The abOve-identified property is located on the south side of Inlet Way, Southold, and contains a total lot area of 21,772 sq. ft. to a tie line along Little Peconic Bay. The February 17, 1994 survey map submitted under this application shows that the subject premises is improved with a two-story frame house and bulkhcaded along Little Peconic Bay. BASIS OF APPEAL: Building Inspector's February 11, 1998 Notice of Disapproval which states that "the proposed deck and gazebo...is required to be set back 75 feet from the bulkhead pursuant to Article XXIII, Section 100-239.4B." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The variance requested by applicant is to locate a "gazebo-type deck" addition of a total size of 20. ft. by 14 'ft. at a setback from the bulkhead of approximately 26 feet at the closest point. The distance from the side property line is shown to be between 9.7 feet and 15 feet. REASONS FOR BOARD ACTION: Applicant proposes to place the "gazebo-type deck at the edge of the bluff overlooking the bay, supported on the southerly side by pilings. On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The deck built onto the house is approximately 85 feet from the bulkhead. Thus, in order to have the benefit of a detached deck, removed from the house, applicant needs a variance from the Code's bulkhead setback requirement of 75 feet. Page 9, - Appl. No. 4570 ZBA Meeting of June 9.3, 2[998 Parcel 1000-99,-1-6 (Frazzitta) (2) The difficulty from which applicant seeks relief is self-created, and alternative locations for the deck are readily available. (3) In order to avoid any adverse effect or impact on physical or environmental conditions, the entire deck must be placed landward of the edge of the bluff. (4) A 14 ft. by 20 ft. deck located' landward of the edge of the bluff will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to obtain the benefit of a detached deck while also preserving the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion seconded by Member Dinizio, it was by Chairman Goehringer, RESOLVED, to DENY the variance as applied for, and to GRANT as alternative relief a variance allowing construction of the proposed 20 ft. by 14 ft. deck in a location where such deck: 1. Shall be set back at least 40 feet from the bulkhead at its closest point and a minimum of 10 ft. from the side line; 2. Shall in no way extend over the edge of the bluff; 3. Shall be built aesthetically as proposed, without possible plumbing or other type of facilities or use in the future. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, HORNING, AND COLLINS. (Member Tortora was absent during this vote.) This Resolution was duly ADOPTED (4-0). APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4577 - CARL AND LYNNE FRITSCHER 1000-98-1-7.15 STREET & LOCALITY: 135 PINE TREE COURT, CUTCHOGUE DATE OF PUBLIC HEARING: June ll, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is a corner lot located on the north/northeast side of Pine Tree Court, Cutchogue. This parcel consists of a total land area of 42,147.10 sq. ft. (.967 acre), and and the survey map submitted under this application shows that the subject premises is improved with a new foundation for a dwelling (B.P. #24539 issued December 8, 1997).' BASIS OF APPEAL: Building Inspector's May 8, 1998 Notice of Disapproval which reads as follows: "Under Article XXIV, Section 100-244B, the nonconforming lot of 42,147 sq. ft. in an R-80 zone requires a minimum front yard setback of 50 feet. As-built foundation under Building Permit 24539Z and surveyed April 23, 1998 shows setbacks of 44.7 and 47.9 feet." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The setback variances requested by applicant are for approval of the "as built" location of the new (dwelling) foundation. The subject property is a corner lot with three front yards, and the setbacks are less than the 50 ft. code requirement at the westerly yard (44.7 feet) and at the easterly yard (47.9 feet). The foundation survey dated April 23, 1998 was prepared by Joseph A. Ingegno, surveyor, and shows the actual footprint of the proposed dwelling construction plan (which dwelling construction plan was approved under Building Permit 24539Z). REASONS FOR BOARD ACTION: Applicant has constructed the foundation of a newhouse pursuant to a building permit and in accordance with the plans for such house submitted with the application for the permit. Those plans do not allow for the full 50 feet of setback required by the Code on the easterly and westerly sides of the house. Page 2- ~ppl. No. 4557 June 23, 1998 ZBA Meeting Parcel 1000-98-1-7.15 (Fritseher) On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Applicant's lot is bounded by private rights-of-way on three sides, 'resulting in there technically being three front yards. The rights-of-way are rough, unpaved roads and those on the east and west sides of the property do not run to any destinations north of the property. (2) Because the foundation is already in place, applicant needs 'the requested variance in order to avoid incurring very substantial expense. (3) The granting of the requested variance Will not produce an undesirabale change in the character of the neighborhood or detriment to neighboring properties because the east and west yards are front yards only in a technical sense, and the shortfalls from the required 50-foot front yard setback are in any event insubstantial. (4) The requested variance will not have an adverse effect or impact on physical or environmenta] conditions in the neighborhood. The Board concludes that the following action is the minimum necessary and adequate to enable applicant to construct the house while also 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 Homing, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: TORTORA, HORNING, adopted (5-0). 98-1-7.15 AYES: MEMBERS GOEHRINGER, DINIZIO, and COLLINS. This Resolution was duly APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 (516) 765-9064 Telephone (516) 765q809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4575 ' Frank Gaston PARCEL 1000-52-5-5 STREET & LOCALITY: 1875 Bayview Avenue, Southold DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the south-west side of Bayview Avenue, Southold, and contains a total area of 14,405 sq. ft. The July 15, 1997 survey map prepared by Peconic Surveyors, P.C. shows the subject 12' x 25' deck proposed at the rear of the dwelling. Existing along the front property line is an accessory frame garage building, that the subject premises is improved with a 1-1/2 story frame house and detached garage structure located in the front yard. The subject premises is waterfront and contains a concrete retaining wall approximately 83.85 feet in length near the mean highwater mark of Arshamomaque Pond. 'BASIS OF APPEAL: Building Inspector's August 20, 1997 Action of Disapproval, updated 5/7/98, because Zoning Code Article XXIII, Section 100-239.4B requires a setback at less than 75 feet from a bulkhead, concrete wall, or similar structure. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 12 ft. by 25 ft. open deck addition at the rear of existing dwelling with a proposed setback at 69+- feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because other decks exist in the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant could not build an attached deck with any usable depth without the variance. (3) The requested area variance is not substantial. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and Protects the character of the neighborhood, and the health, safety, welfare of the community. Page 2 - June 23, 1998 Appl. #4575:1000-52-5-5 (Gaston) Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for and WITH THE CONDITION THAT THE DECK SHALL REMAIN OPEN TO THE SKY. VOTE OF THE BOARD: AYES: MEMBE~ GOE~~nR, DINIZIO, TORTORA, COLLINS, AND HORNIN/~~. /'~Approved 52-5 -5 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4569 - FRANK KROPF 1000-144-2-3 STREET & LOCALITY: 1820 Marlene Lane, Laurel DATE OF PUBLIC HEARING: June 11, 1998 PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the west side of Marlene Lane, Laurel (near Mattituck), and contains a total area of 21,750 sq. ft. The January 16, 1998 site plan map submitted under this application shows that the subject premises is improved with an existing one-story frame residence and the subject accessory garage located in the southerly yard. BASIS OF APPEAL: Building Inspector's April 8, 1998 Action of Disapproval which reads as follows: Zoning Code Article III, Section 100-33, for an addition to dwelling, which addition will create a non-conformity in that the existing accessory garage will not be located in the rear yard, and the side yard area is extended to the rear line of the proposed addition. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of the a portion of the existing accessory garage building, located in the rear yard. Once the new dwelling addition is constructed, this accessory garage will be partly located in the side yard. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (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 new addition will be located well within the required front, rear and side yard setbacks and the garage has existed since 191739 according to the Town's Property Card. (2) The benefit soUght by the applicant eannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant would have to move the garage. (3) The requested area variance is not substantial. (4) The situation is self-created. In considering this application, the Beard deems this action to be the minimum necessary and adequate, and at the same time preserves and Page 2 - June 23, 1998 Appl. #4569:1000-114-2-3 Southold Town Board of Appeals protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, //GEiiARD _P.. GO.E~RIlqGER, C IRMAN // Approved 6/27/98 114-2-3 (Kropf) 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 (516) 765~9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4572 - NICHOLAS METHVAN PARCEL 1000-115-14-3 STREET & LOCALITY: 1630 Theresa Drive, Mattituck. DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the south side of Theresa Drive, Mattituck, and contains a total area of approximately 24,796 sq. ft. The December 21, 1993 survey map submitted under this application shows that the subject premises is improved with a one'story frame dwelling and accessory tennis court structure in the rear yard. BASIS OF APPEAL: Lot coverage variances as stated in the Building Inspector's' March 19, 1998 and April 16, 1998 Notices of 'Disapproval. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The variance requested by applicant is for a total lot coverage of 6857 sq. ft. The allowable lot coverage is 20% of 24,796 sq. ft., or 4,960+- sq. ft., although the Notice of Disapproval indicates a lot size of 24,908 sq. ft., of which 20% is 4,982 sq. ft.. Proposed are an 14 x 16 ft. dwelling addition and 16 x 24 ft. unroofed deck addition, also at the rear of dwelling. The requested lot coverage is 224 additional for the dwelling addition, and 384 sq. ft. for the deck addition, for a total of 608 sq. ft. The total lot coverage is 27.5%. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (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 new deck addition will be located in the rear yard. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant has located a tennis court on his property which is figured into the lot coverage but does not place the same burden on the land as a house. Applicant would not'be able to build an attached deck with any usable depth without a variance. Page 2 - June 23, 1998 Appl. No. 4572: 1000-115-14-3 (Methvan) Southold Town Board of Appeals (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the new deck addition will b~ located in the rear yard. (5) The difficulty is self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION]ACTION: On motion by Chairman Goehringer, seconded by Member Homing, it was RESOLVED, to GRANT the variance as applied for, subject to the condition that the DECK REMAIN OPEN and UNROOFED (as proposed). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZlO, TORTORA, AND HORNING. NO: MEMBER COLLINS. TUIS RESOLUTIO ///~ Approved 115-14-3 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4571 - WALTER MILLIS PARCEL 1000-24-2-22 STREET & LOCALITY: 1800 Village Lane, Orient. DATE OF PUBLIC HEARING: June il, 1998 PROPERTY FACTS/DESCRIPTION: The subject property is. located on the westerly side of Village Lane, Orient, and contains a total lot area of 8,346 sq. ft. The survey map submitted under this application shows that the subject promises is improved with a one-story frame dwelling and 8' x 8' accessory shed located in the rear yard not closer than 3' from the rear property line and 7' from the southerly side property line. The existing lot coverage for the dwelling is confirmed to be 1,847 sq. ft. for the house and 64 sq. ft. for the shed, for a total of 1,911 sq. ft. (23%). BASIS OF APPEAL: Building Inspector's April 14, 1998 Notice of Disapproval, disapproving a building permit application to remove 'existing shed and replace with accessory garage, which will exceed allowable lot coverage of 20%. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The applicant's request is to replace the existing 8' x 8' accessory shed with a new 16' x 20' garage at not closer than 3 ft. from the rear property llne and closer than 7' from the side property line, as presently exists for the shed. The new lot coverage as requested is an overall increase of 256 sq. ft. for a' total lot coverage of 2,167 sq. ft (26+- %). The height of the garage is proposed to conform with the Code at less than 18 feet. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Applicant has extensively remodeled an existing house located on a lot whose 'small size is typical of the neighborhood. The remodeling did not~' change the size of the house, which covers 22.1% of the lot. (2) the house has little usable basement space. There is an 8-by'8 foot shed at the rear of the property but no garage. In order to obtain adequate protection for an automobile, tools and boat equipment~ applicant wishes to demolish the shed and build a one-car garage in the same rear-yard area. Page 2 - June 23, 199b Appl. #4571:1000-24-2-22 (Millis) Southold Town Board of Appeals (3) The house alone covers 22.1% of the lot, and with the shed total coverage is 22.9%. thus, the only way that applicant can obtain the benefit of a garage is by a variance allowing lot coverage in excess of 20%. The proposed, garage is modest in size but nevertheless increases the coverage (after removal of the shed) to 26.0%. (4) Lot coveraKe of 25% is significantly greater than the 20% allowed by the Code. However, the lot coverage is already at nearly 23%, and the neighborhood is densely built on small lots, with numerous accessory buildings. Thus, granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to neighboring properties. (5) The requested variance will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Beard concludes that the following action is the minimum necessary and adequate to enable applicant to obtain the benefit of a garage while also preserving and protecting the character , and at the same time preserves and preteets the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Col!ins, seconded by Chairman Goehringer; it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: ~RS GOEH~_~NGER, DINIZIO, TORTORA, COLLINS, AND HORNI 24-2-22 (Millls) ~4~proved for Filing RECEIVED AND FILED BY oOu"iHGLD TOW. N CLE~iX Town Clerk, Town of Southok 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4559 - CHRISTOPHER PLIACONIS PARCEL 1000-35-6-7 STREET & LOCALITY: 345 Snug Harbor Road, Greenport DATE OF PUBLIC HEARING: April 16, 1998 and May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the southeast side of Snug Harbor Road, Greenport and contains a total area of 12,780 sq. ft. The survey map submitted under this application shows that the subject premises is improved with a single-family residence with deck addition, and the subject "as built" pool located in rear yard at approximately four feet from the rear property line and at least 10 feet from the side property lines. A letter dated 6/11/98 from Charles W. Kuehn, Architect, confirms the lot coverage for the dwelling at 2,193 sq. ft., the present wooden deck addition at 360 sq. ft. for a total of 2,553 sq. ft., which is under the 2556 sq. ft. code limitation. The pool consists of 576 sq. ft. as built. An 8 ft. by 10 ft. deck adjoining the pool is proposed. BASIS OF APPEAL: Building Inspector's January 30, 1998 Notice of Disapproval, disapproving a building permit for a proposed accessory swimmingpool structure in the rear yard area, for the following reasons: "Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule in the R-40 Zone: Proposed construction will exceed the allowable 20% lot coverage, the lot area is 12,780+- sq. ft.; at 20% the allowable area would be 2,556 square feet. Present coverage with dwelling and deck is 2,553 sq. ft. Swimming pool, as proposed, is 568 sq. ft., bringing total lot coverage at 3,121 sq. ft. or approximately 24.4+- percent." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant requests approval of an "as built" inground swimmingpool and attached 8' by 10 ft. deck, which together total 656 square feet. Lot coverage was exactly 20% prior to construction of the pool, and applicant requests a variance to add 656 square feet for a total coverage of 25.1%. Page 2 - June 23, 1998 ZBA Meeting Appl. #4559:1000-35-6-7 (Pliaconis) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant has constructed a 16 x 36 ft. in-ground swimming pool for which no building permit was obtained. Applicant intends to place an 8' by 10' deck next to the pool. Prior to the construction of the pool, lot coverage was exactly 20%, including a wood deck of 360 sq. ft. attached to the rear of the house. Applicant requests a variance allowing an additional 656 sq. ft. of coverage for the pool and its associated deck~ resulting in total lot coverage of 25.1%. On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) There is no feasible way for applicant to enjoy the benefit of a pool Other than through grant of a variance allowing lot coverage greater than 20%. (2) A variance allowing 25.1% lot coverage, where the Zoning Code allows 20%, would be substantial, and that degree of lot coverage would be detrimental to the neighborhood character. (3) Applicant's difficulty is self-created. The BOard concludes that the following actions are the minimum necessary and adequate to enable applicant to have the benefit of a swimming pool while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED to GRANT a variance authorizing the pool as built, subject to the following CONDITIONS: (1) The existing wooden deck attached to the rear of the house shall be removed. (2) Any surfacing installed around the pool, other than the 8 x 10 ft. deck applied for, shah be flush with the ground and not elevated in any way. (3) Based on the certified data submitted by applicant, after removal of the existing deck (360 square feet) and including the pool and 8 x 10 ft. deck (total of 656 sq. ft.), lot coverage will be 2849 square feet or 22.3%. No further increase in lot coverage shall be permitted on this property. (4) Applicant shall plant a screening line of trees along his easterly property line. In accordance with the landscape drawing submitted at the Board Hearing on May 14, 1998, such trees shah include at least 16 arborvitae of five to six feet in height along the easterly side of the pool and Eastern Red Cedars of 10 to 12 feet in height at the northeast corner (at least three trees) and the southeast corner (at least eight Page 3 - June 23, 1998 ZBA Meeting Appl. ~4559:1000-35-6-7 (Pliaconis) Southold Town Board of Appeals trees). Such trees shah be continuously maintained, replacement if necessary. including (5) The Board reserves the right, at a time no less than three (3) months and no more than six (6) months from the date hereof, to inspect the property and to reopen the hearing in the event of noncompliance with these conditions. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNING. ~-~xis ]~-%ml~on~s~duly p RARD r. , ~ ~/~ipproved for Filing 6/24/98 .~ 35-6-7 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4578 - STEPHEN AND ANGELA PUTZI 1000-50-3-6 STREET & LOCALITY: 2575 (a/k/a 2500) Lighthouse Road and Soundview Avenue, Southold DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: 'The above-identified property is a corner lot situated on the westerly side of Lighthouse Road and the northerly side of Sound View Avenue, Southold. The property consists of a total area of 2.96 acres (including pond and wetland areas). The survey map submitted under this application shows that the subject promises is improved with a two-story frame dwelling, and five accessory buildings, two of which are located in the front yard and one in the side yard. BASIS OF APPEAL: Disapproval. Building Inspector's April 28, 1998 Notice of AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The variance requested by applicant is to locate a proposed addition to an existing accessory garage, which addition will be located in a front yard area. The setback of the addition from the front property line will be 120+- feet and. from the side property line 27 feet. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (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 new addition will be located 120 feet from Soundview Avenue and 27 feet 1 inch from the closest property line. These setbacks exceed the required 60 ft. front yard and 20 ft. side yard. (2) The benefit sought by the applicant cannot be achieved by Some method, feasible for applicant to pursue, other than an area variance because although the lot is large, it is covered with wetlands in the rear yard and to locate the addition closer to the house would Page 2 - June 23, 1998 appl. No. 4578: 1000-50-3-6 (Putzi) Southold Town Board of Appeals require the relocation of the existing sanitation system closer to the wetlands. (3) The requested area variance is not substantial. (4) The situation has not been self-created because the location of the house and sanitation system was dictated by the wetlands on the property. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That electric will be permitted for this accessory garage building. 2. No plumbing or habitation. VOTE OF THE BOARD: AYES: ]~M~ERS GOEHRINGER, DINIZIO, TORTORA, COLLINS,. A~~~//~/L~ /~GERARD P. GOEHRTN'GE~, CHA~AN 50-3-6 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4580 - ALBERT RATTI PARCEL 1000-114-7-8 STREET & LOCALITY: 420 LESTER ROAD, MATTITUCK DATE OF PUBLIC HEARING: June 11, 1998 PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the east side of a private road known as Lester Read, which extends off the north side of Westphalia Road, Mattituck. This parcel consists of 26,088 sq. ft. (.59 acre) and is improved with a one-story/two-story frame house and two accessory buildings, all as shown on the January 31, 1998 survey map prepared by Phillpp A. Hattemer, Jr., Surveyor. BASIS OF APPEAL: Building Inspector's May 19, 1998 Action of Disapproval which reads as follows: "...the nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50%) percent of its fair value shall not be repaired or rebuilt unless such a building is made substantially to conform to the height and yard requirements of the Bulk Schedule (Article XXIV, Section 100-242). Under Article XXIV, Section 100-244, nonconforming lots require 40' front yard setbacks. The existing building encroaches on the front yard setback by +- 4 ft. The applicant is requesting an additional 3 feet for the new construction. With this, the new construction encroaches 7+- feet on the front yard setback." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The variance requested by applicant is to reconstruct the dwelling recently destroy by fire with a reduction in the front yard setback to 33.4 feet at the closest point to the private right-of-way (to the north). (Note: The new step area at the front of the dwelling has been modified by the applicants to show a size of 5' x 6', or 30 sq. ft. pursuant to Section 100-13 under exclusions for building area. ) REASONS FOR BOARD ACTION: Applicant's home was destroyed by fire. applicant wishes to rebuild on the existing foundation, and to extend the front of the house three feet beyond the foundation on supporting pilfngs. Page 2 - June 23, 1998 Southold Town Board of Appeals Appl. No. 4580: 1000-114-7-8 (Ratti) On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The house faces a private right-of-way that terminates shortly after it passes the property. The property is wooded and the !louse is screened from the road by trees. Other houses along the road have similar setbacks. In view of these factors, the granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to neighboring properties. (2) Rebuilding on the existing foundation is the most efficient and economical approach for applicant to take. Increasing the setback to conform to the 40-foot requirement would substantially increase the cost. (3) In light of the location of the property near the end of an unpaved private road, and the wooded character of the property, the requested variance for a 33-foot setback is not substantial. (4) The requested variance will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Board concludes that the following action is the minimum necessary and adequate to enable applicant to reconstruct the house while also preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. t~ESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: TORTORA, HORNING, adopted (5-0). 114-7-8 (Ratti) AYES: MEMBERS GOEHRINGER, DINIZIO~ and COLLINS. This Resolution was duly fApproved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY CO. PARCEL i000-46-1-1 and 2.1 STREET & LOCALITY: Buildings #74610 and 74500, Main Road (State Route 25), Greenport, NY DATE OF PUBLIC HEARING: March 23, 1998, May 14, 1998 and June 11~ 1998 PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the south side of M, in Road, Greenport, and contains a total combined lot area of 5.938 acres. The "re-zoning plane site layout map RZ-1 dated July 18, 1996 prepared by Donald A. Denis, Architect, has been submitted to show the land area and footprints of the two existing buildings. Also submitted are drawings dated June 11, 1997 for a proposed principal building, with retail area at the northerly front portien, and remaining areas consisting of vestibule, design center, receiving and office areas, inside storage areas, accessory lunchroom and mechanical room. Buffer areas are shown around the perimeter of the property, and an outside uncovered storage area of 15,000 sq. ft. located in the easterly side yard. Also shown on the plan is an outside storage area which is proposed to conform to the current accessory use regulations for this LIO Zone District. No building or canopy area is proposed over this storage area, and there was no basis addressed in the Building Inspector's Notice of Disapproval with respeet to this part of the plan. BASIS OF APPEAL: Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: "...1) the proposed structure being located in an LIe District is permitted to have a maximum of 60 feet of frontage on one street. .The proposed building is approximately 115 ft. facing Rt. 25. Pursuant to Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The applican~ is 'requesting variances regarding: 1) an increased width of principal building from code limitation Of 60 feet to 115 feet wide facing Route 25 (a/k/a Main Road) in this Light-Industrial-Office (LIe) District; and (2) Fencing up to 8-ft. in height along side and rear property lines. Page 2 - June 23, 1998 ZBA Meeting Appl. #4547 - Riverhead Building Supply Parcel: 1000-46-1-1 and 2.1 (combined) REASONS AND BOARD ACTION: Based on all testimony, documentation, personal observation of the board members, the Zoning Board finds the following facts to be true and relevant: 1. Applicant proposes to construct a metal drive-thru warehouse with a showroom/building supply store at the front. The total square footage is approximately 50,424 st. The 115-foot width is proposed to allow vehicles to enter to east side of the building to pick up drywall, roofing, lumber and similar supplies, and then pay at the exit on the west side. The smaller store in the front would contain a showroom and smaller supplies. 2. The applicant has submitted an extensive landscaping plan for the entire property and has agreed to help mitigate the visual impact of the width of the building by moving it back to a distance of 110 feet from the Main Road in order to provide an additional 10-foot landscape buffer. 3. The property contains a total of 5.9 acres and has 325 feet of frontage on Main Road. The adjacent properties are commercially zoned and developed property, with the exception of a residential condominium complex to the east. FOR THESE REASONS, the Board determines as follows: In considering this application, the Board finds that a variance for an 8-foot high fence, and a variance for a building width of 115 feet are 'the minimum necessary and adequate and .at the same time will preserve and protect the character of the neighborhood, and the health, safety and welfare of the community. 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood.or detriment to nearby properties. The proposed lumber yard supply building is a permitted use in the LIO District. the use is compatible with adjacent commercial uses, and the large size of the property and extensive landscape plan will provide a sufficient buffer from the residential/condominium complex. The 8-foot high fence will provide security and protection of the public as well. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the 60-foot code limitation would not permit room for storage of material and for vehicles to have sufficient clearance to maneuver safety in the drive-thru operation proposed. (3) The requested area variance is substantial and represents a 95+- percent reduction in the code required 60 ft. minimum width. However the specific location, large size of the property and extensive landscaping proposed help mitigate the degree of the variance. (4) The difficulty situation has been self-created and relates to the applicant's desire to establish a drive-thru type of lumber business that requires a large-width structure in order to operate. Page 3 June 23, 1998 ZBA Meeting Appt. #4547 Riverhead Building Supply Parcel: 1000-46-1-1 and 2.1 (combined) (5) The proposed variance will not have an adverse effect or impact on the physical or environmental~ conditions in the neighborhood or district because the property is .a large commercially zoned parcel, and the proposed use is in keeping with many others in the vicinity. The applicant has submitted extensive landscaping plan for the entire property and has agreed to help mitigate the visual impact of the width of the building by moving it back to a distance of 110 feet from the Main Road in order to provide an additional 10-ft. landscape buffer. RESOLUT ION / ACT ION: Member Homing, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the variances requested subject to the following CONDITIONS: 1. In order to help mitigate the visual impact of the width of the building, it shall be moved back from the Main Road a minimum distance of 110 feet in order to provide an additional 10-foot landscape buffer. 2. The 8 ft. high fencing along the most easterly property line shall be slatted. 3. Accessory open storage of materials and off-street parking areas shall corn~zply with the provisions of Section 100-131 and 100-101 inclusive. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, HORNING, AND COLLINS. NAY: CHAIRMAN GOEHRINGER (feR that the building width at 115 feet is more than he is willing t~ve). ?. GOEH IN E , C AmMAN /Pproved for Filing 6/27~98 ***************************** 46-1-1 APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4568 - DOMINICK SEGRETE PARCEL 1000-111-14-22.1 (formerly 21 + 22) STREET & LOCALITY: 4000 Wunneweta Road, Nassau Point Club Properties, Cutchogue DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACT S / DESCRIPTION: The subject property is located along the westerly side of Wunneweta Road, at Nassau Point Club Properties, Cutchogue. The parcel consists of a total lot area of 19,274 sq. ft. to tie lines along high water. The September 29, 1989 survey submitted by applicant shows an existing single-family dwelling located at 15 feet from the front property line and 15+- feet from the southerly side property line, at the closest points. To the west is the highwater area, bulkheaded in part. Timber walls and blacktop areas exist at the promises in an approximate northwest location. RELIEF REQUESTED: Applicant is roquesting a variance from the bulkhead setback provisions for a proposed 20' x 37' inground pool with an extended deck area at the rear of the dwelling. The Landscape Design Plan and survey sketch shows the setback proposed at 33 feet at its closest point from the bulkhead and at 48 feet from the most southerly point (highwater mark) along Wunneweta Pond. BASIS OF APPEAL: Zoning Code, Article XXII, Section 100-239.4B, based upon the Building Inspector's April 9, 1998 Notice of Disapproval, disapproving a building permit application for an inground pool and deck addition due to its proposed location within 75 feet from the bulkhead, concrete wall, rip rap or similar structuro. REASONS FOR BOARD ACTION: In considering this application, the Board finds that a variance to allow construction of the proposed pool and deck with a minimum setback from the bulkhead of 38 feet is the minimum necessary and adequate and at the same time will preserve and protect the Page 2 - June 23, 1998 Meeting ZBA Appl. #4568 - DOMINICK SEGRETE Parcel 1000-111-14-22.1 character of the neighborhood, and the health, safety and welfare of the community. 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has provided a landscape plan to address neighbor's concerns that should provide suitable buffering. No other impacts are. anticipated. 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 the property is triangular-shaped and no other sites are available that are conforming. 3. The variance granted is substantia! and represents reduction in the code required 75 ft. minimum setback. 4. The difficulty has been self-created and relates to the applicant's desire to build a pool and deck. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or dis'~rict because the neighborhood properties are wooded and the applicant has agreed to condition approval upon a landscaping plan that will help buffer the pool from adjacent properties. RESOLUTION/ACTION: 'On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to DENY the 33-ft. setback as requested, and TO GRANT THE FOLLOWING ALTERNATIVE SETBACK RELIEF: 1. -Pool at its closest point to be a minimum of 38 feet from the bulkhead and a minimum of 48 feet to the highwater line. 2. The deck shall be cut back to be in line with the existing deck and approximately 45 feet from highwater line. 3. Applicant shall provide landscaping pursuant to a landscaping plan, similar to the plan submitted June 17, 1998. VOTE OF THE BOARD: AYES: TORTORA, COLLINS, and HOR~ This Resolution was 11114-22.1/111-14-22.1 MEMBERS GOEHRINGER, DINIZIO, duly APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Din[zio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4560 - ROBERT SHANK PARCEL 1000-111-1-19.1 STREET & LOCALITY: 820 Fisherman's Beach Road, Cutchogue (a/k/a Haywaters Road) DATE OF PUBLIC HEARING: April 16, 1998 and May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property has frontage along the northerly side of Haywaters Road at Fishermen's Beach of approximately 100 feet, and lot depth of 60+- feet at the easterly property line, as shown on the survey map dated August 20, 1976, prepared by Roderick VanTuyl, P.C. The 1976 survey shows the former one-story frame house at approximately 848 sq. ft. Also shown are walk, patio, step, and bulkhead areas. Also submitted for the record is a survey prepared May 12, 1998 by John T. Metzger whieh confirms the total lot area to be 4,231 sq. ft. to a tie line. This area excludes the underwater extending to the llne per filed subdivision map ,and beyond the tie line. Construction has been commenced under Building Permit No. 23045 issued 10/4/95 for reconstruction and raising of the existing dwelling structure. BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: wi) The proposed construction being located on a non- conforming lot of approx. 5000 sq. ft. (land above ordinary highwater mark) in an R-40 Zone will exceed the 20% allowable lot coverage by approx. 700 sq. ft. Existing square footage of 1287 with addition - 1987 sq. ft. pursuant to Art. XXIV, 100-244B; 2) Proposed construction encroaches on allowable side yard setback of 10 feet on the east side pursuant to Article XXIV, Section 100-244B; 3) PropOsed construction encroaches on the allowable front yard set back of 35' pursuant to Art. XXIV 100-244B ." Page 2 - June 23, 1998 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A) The amount of lot coverage relief requested by applicant is for 48.64% of the 4,231 sq. ft. upland area. Applicant confirms that the 40.13%, or 1694 sq. ft. existed for the house, deck and accessory shed formerly (ref: May 12, 1998 survey). The overall increase for the new areas is shown to be 8.51%, or 360.5 sq. ft. net increase. The total lot coverage requested is 48.64%, or 2,058 sq. ft. B) iThe front yard setbacks requested are at 10'8" +- from the foundation at its closest point, and at 6'+- to the corner of the proposed deck/handicap area at its closest point to the front property line. C) The side yard setback is requested at seven (7) feet. PRIOR APPEAL: A prior determination was rendered February 2, 1988 under A. Robutelli Appeal #3676 for increased .lot coverage for a total of 1260+- sq. ft., and for setback reductions in rear-bulkhead yard and side yard (848 sr. existed for dwelling and new deck area of 400+- sr. added). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (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 dwelling as it exists (1,015 sq. ft.) exceeds 20% lot coverage by 168+- sq. ft. (846+- as to 20% limitation relative to upland coverage). (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because dwelling itself exceeded lot coverage (108 sq. ft. on 8%); deckS existed in original plan before house was elevated and foundation was installed. (3) The requested area variance is substantial. (4) The proposed variance will have a visual impact on the physical conditions in the neighborhood with impact not only on this site but neighbors to the immediate southeast (on Bay). (5) The situation is self-created because the applicant was some what aware of the extent of the construction to lot lines and tie lines (toward water). (6) An undesirable change will be produced because the house as it currently e:cists already exceeds the maximum lot coverage. Page 3 - June 23, 1998 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals (7) While the Board acknowledges the facts concerning the raising of the livable space to protect against the possibility of damage by flooding it also finds that the existing front yard setback of 10'8" is already well under the minimum required. The benefit of installing the handicap ramp can be achieved by installing it in a different location on the property without the requiring of a variance. (8) the amount of relief requested is substantial. The existing footprint covers 40.13% of the buildable area. The request to expand the lot coverage to 48.64% is deemed by the Board to be a substantial increase. (9) The difficulty is self-created because the applicant can build the handicap ramp in a different location without adding additional deck space and further decreasing the front yard setback. (10) The alternative location suggested, without a further variance, for the handicap ramp is along the side, with a 7 ft. minimum side yard setback. (11) The Board considers such handicap ramp area to be exempt from the lot coverage provisions of the Code, but not exempt from the setback provisions of the Code. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUT ION / ACT ION: Member Homing, it was On motion by Member Dinizio, seconded by RESOLVED, to DENY variances as requested, RELIEF: the FRONT YARD AND LOT COVERAGE and GRANT the following ALTERNATIVE 1. The house may be built in the existing footprint with decks at a minimum front yard setback at 10 feet 8 inches; however, lot coverage* of the upland (4,231 sf.) area shall not exceed exceed 44.05 percent. 2. With regard to the requested deck and similar handicap ramp area, if desired, are permitted alternatively in the side yard at not Page 4 - June 23, 1998 Re: 1000-111-1-19.1 (Shank) Souihold Town Board of Appeals closer than 7 ft. to the side' property line. //A~pproved for Filing *(Please note paragraph #11 alrfove regarding lot coverage exemption for handicap ramps. ) ********************************** AS400 / txtlk/actions, all/111-1-19.1 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 (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4576 - CHARLES D. SNYDER 1000-35-4-28.24 STREET & LOCALITY: 704 Wiggins Lane, Greenport DATE OF PUBLIC HEARING: June ll, 1998 FINDINGS OF FACT PROPERTY FACTS / DESCRIPTION: The above-identified property is located in the R-40 Residential Zone District and contains a total area of approximately 15,246 sq. ft. The July 6, 1994 survey map, prepared for Frederick Raymes, submitted under this application shows that the subject premises is improved with a 1-1/2 story single-family dwelling set back 22+- feet from the easterly front property line and set back 40 feet from an existing bulkhead structure at high water to the west. The subject premises is a waterfront parcel having frontage along Fordham Canal. · BASIS OF APPEAL: Building Inspector's May 8, 1998 Notice of Disapproval regarding location of proposed accessory garage, Article IIIA, Section 100-30A.4.. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 14' by 21' accessory (garage) building in the northerly side yard area adjacent to the dwelling. The setback is proposed at 34 feet at its closest point to the front property line (along right-of-way) and 22 feet from the northerly side property line. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed location of the accessory garage exceeds the required minimum side yard setbacks for principal structures, and the size and placement of the garage is similar to others in the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because to locate the garage in the required rear yard would place it within a prohibited area of wetlands and bulkhead. (3) The requested area variance is not substantial' because the single-car garage is small, 14 ft. by 21 ft., and there is no alternate site on the property that is conforming. Page 2 - June 23, 1998 ZBA Meeting Appl. #4576:1000-35-4-28.24 (Snyder) Southold Town Board of Appeals (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the garage is small and the proposed location is the most reasonable and environmentally acceptable site. (5) The situation has not been self-created and relates to the topography and contours of the property. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF TORTORA, (5-0). THE BOARD: AYES: M~I~RS GOE~I~NG~, DINIZIO, /GERAI~i P. GO~IN~ER, ~IRmN  /Approved for F~ng / ***************************** 35-4-28.24