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HomeMy WebLinkAboutZBA-09/06/2000 SPEC~r_PP~ALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING WEDNESDAY, SEPTEMBER 6, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631)765-9064 Telephone (631) 765-1809 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Wednesday, September 6, 2000 commencing at 6:00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S, Collins, Member Linda Kowalski, Secretary to ZBA Absent was: George Homing, Member (excused). 6:05 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded with the first item on the agenda: AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA Review Determination: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Members Tortora and Collins, to declare the following applications as Type I1: Appl. No. 4849- T. Tsatsos Appl. No. 4850- A. Tuthill Appl. No. 4852 - H. Garvey Appl. No. 4851 -W. Ryall, Jr. Appl. No. 4856- J. Wollenben. Appl. No. 4858 - A. and F. Leudesdorf (W. Mandel) Appl. No. 4857 - R. Gazzola (J. Zoumas) Appl. No. 4859 - R. Ingram Appl. No. 4861 - L. Gazzola Appl. No. 4855 - ELI Health Care Clinic (M. Levey) (Variances) . Appl. No. 4860 - Old Harbor Associates. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent.) This Resolution was duly adopted (4-0). Page 2 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS: (none). III. DELIBERATIONS/DECISIONS: The Chairman proceeded with deliberations, and decisions were rendered. Please see original filed with the Town Clerk', copies of which are attached hereto and incorporated into this set of Minutes: Denial and Grant of Alternative Relief: R. Frentzel W. Wenchell. J. Molnar. IV. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to reaffirm the following matters as advertised for the September 14, 2000 public hearings: 6:15 p.m. Appl. No. 4849 - TANAS TSATSOS. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot 1000-38-3-9.2 (formerly CTM Lot 9) from 1000-38-3-9.3 (formerly CTM Lot 8). On July 12, 2000 a Notice of Disapproval was issued stating that Lot 9.2 merged with adjacent lot 9.3 pursuant to Section 100-25A of the Zoning Code. Location of Property: 850 East Gillette Drive, East Marion; Marion Manor Filed Map No. 2038, Lots 49 and 50. 6:20 p.m. Appl. No. 4850 - ALLAN AND HELEN TUTHILL. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's July 21, 2000 Notice of Disapproval to locate a proposed addition with a reduced front yard setback, at 28+- feet. The existing front setback is shown at 31+- feet from the cantilevered roof and 33+- feet from the dwelling. Location of Property: 295 Albo Drive, Laurel, NY; County Tax Map No. 1000-126-2-9. 6:25 p.m. Appl. No. 4852 - HELEN GARVEY. This is a request for a Lot Waiver as provided under Art. II, Section 100-26 to unmerge County Tax Lot 1000-115-12-7 from 1000-115-12-8. On May 30, 2000 a Notice of Disapproval was issued stating that CTM Lot 7 merged with adjacent lot 8 pursuant to Section 100-25A of the Zoning Code for the reason that the lots were held in common ownership. Location of Property: 550 Deep Hole Drive, Mattituck, NY. 6:30 p.m. Appl. No. 4851 - WILLIAM S. RYALL, JR. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's July 24, 2000 Notice of Disapproval to locate a new dwelling with a setback at 25 feet from the front Page 3 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): property line. Location of Property: 915 Soundview Drive, Orient, NY; County Tax Map No. 1000-13-3-5.2. 6:40 p.m. Appl. No. 4856 - JOHN WOLLEBEN. This is a request for a Variance under Article III, Section 100-33C based on the Building Department's July 14, 2000 Notice of Disapproval to locate an accessory in-ground swimming pool at less than fifty (50) feet from the front property line, required in the case of a waterfront parcel when it is located in a front yard. Location of Property: 750 Bridge Lane, Cutchogue, NY; Parcel 1000-118-2-8. 6:50 p.m. Appl. No. 4858-ARTHUR AND FRANCES LEUDESDORF/W. MANDEL. This is a request for a Variance under Article XXIII, Section 100-239.4A.1 based on the Building Department's August 18, 2000 Notice of Disapproval to locate a new dwelling at less than 100 feet from the bluff. Location of Property: 1700 Hyatt Road, Southold, NY; County Tax Map Parcel 1000-50-01-005. 6:55 p.m. Appl. No. 4857 - ROBERT GAZZOLA/JOHN ZOUMAS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's August 16, 2000 Notice of Disapproval to locate a dwelling at less than forty (40) feet from the front property line and less than fifty (50) feet from the rear property line, at 750 Cedar Drive, Southold, NY; Parcel 1000-78-9-5.1. 7:05 p.m. Appl. No. 4859 - ROBERT INGRAM. This is a request for a Variance Article III, Section 100-33 based on the Building Department's August 1, 2000 Notice of Disapproval to locate a proposed accessory garage in the front yard, at 600 Shipyard Lane, East Marion, NY; Parcel 1000-35-8-5.8. 7:10 p.m. Appl. No. 4826- WILLIAM PENNY III. (Continued hearing). Variance for proposed building width greater than 60 ft. wide. This is a corner lot located at the south side of C.R. 48 and west side of Youngs Avenue, Southold; Parcel 1000-55-5-2.2. 7:15 p.m. Appl. No. 4861 - LESLIE GAZZOLA. This is a request for a Variance under Article XXIV, Section 100-239.4B, based on the Building Department's August 29, 2000 Notice of Disapproval for a proposed two-stow deck addition within 75 feet of the bulkhead. Location of Property: 495 Elizabeth Lane, Southold; County Parcel No. 1000- 48-5-2. 7:20 p.m. REHEARING: Appl. No. 4828- ROBERT D'URSO and R. OVERHULS/M. DELUCA, Contract Vendee. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant Page 4 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY 7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior hearing calendars). Proposed canopy with request for variance on front yard setback and addition to building with insufficient rear yard setback at 49610 Main Road (and Bayview Rd.), Southold; 1000-70-7-4. 7:45 p.m. Appl. No. 4839 - HARRY CASHY and MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. 8:00 p.m.E.L.I. CANCER RESOURCE CENTER (Landowners: Mr. and Mrs. Mark Levey) regarding premises known as 895 Highland Road, Cutchogue, identified as CTM Parcel No. 1000-102-8-2, Highland Estates Subdivision Lot No. 5, requesting: Appl. No. 4855 - Variances under Article III, Section 100-31B-5a and 5e(4) for reduced: (a) setbacks and/or parking or loading area at less than 100 feet of any street line and less than fifty (50) feet of any lot line. Applicant is proposing to convert and use an existing principal building (dwelling) in its building present location and proposed parking area to meet the site plan regulations; and (b) for a total land area of less than 56,000 sq. ft., the size provided in the zoning code for use of seven (7) health care patient beds on this parcel of 40,011 sq. ft.; and Appl. No. 4854- Special Exception under Article III, Section 100-31B-5 to convert an existing dwelling to a Health Care Facility. The Zoning Code defines a Health Care Facility as: "A structure and premises regulated by the State of New York and used to provide an integrated range of medical and/or surgical services, primarily for in-patients, on a twenty-four hour basis. Health services may require surgical facilities, therapeutic and diagnostic equipment rooms, counseling facilities, convalescent care equipment, and trauma care services. Out-patient clinics and other forms of ambulatory health care facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee shop for employees and visitors, gift shop, laundry, pharmacy and staff offices (for bookkeeping, administration, medical records, Page 5 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): etc.) Shall otherwise be known as a "general or specialized hospital", a "rehabilitation center," rest home" or "adult home." 9:00 p.m. Appl. No. 4860 - OLD HARBOR ASSOCIATES. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's July 28, 2000 Notice of Disapproval for the reason that a proposed accessory three-car garage will encroach partly in the side yard, at 1195 Old Harbor Road, New Suffolk, NY; Parcel 1000- 117-3-8.6. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). OTHER REVIEWS, CONTINUED: The Chairman requested reviews and inspections for the following new applications, anticipated for ZBA public hearings to be held October 19, 2000: Appl. No. 4862 - SPRINT SPECTRUM (WILLIAM BAXTER, Owner). Height Variance for new 110 ft. high tower (all inclusive height at 110 ft.), after removal of existing 100+- ft. high tower. W/s Elijah's La, Cutchogue. 1000-108-4-11.3. Zone District: Limited Business. Appl. No. 4863 - MARTIN ROSEN, Owner. Appeal requesting Reversal of B.I. Decision dated August 14, 2000 which revoked Building Permit at 11780 Sound Ave, Mattituck. Zone District: Light Industrial. V. EXECUTIVE SESSION (None held). The Chairman confirmed the schedule for interior building viewing for Board Members regarding new hearing project(s) for Saturday, 9:45 a.m. starting with the Crownland Lane, Cutchogue. There being no other business properly coming before the Board at this time, Page 6 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 7:51 p.m. Respectfully submitted, Linda Kowalski Board Secretary 11/8/00 APP*EALS BOARD MEMBERt 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 !179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765~1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 6, 2000 Appl No. 4839 - WALTER WENCHELL STREET & LOCATION: 1210 Hiawathas Path, Southold DATE OF PUBLIC HEARING: August 10, 2000 1000-78-3-65 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property comprises 13,656 square feet located on the west side of Hiawathas Path in Southold, with 109.26 ft. of lot depth and 125 feet of frontage. The property is improved with an one-story frame'dwelling with garage. BASIS OF APPLICATION: Building Inspector's May 30, 2000 Notice of Disapproval denying a permit to add a covered rear porch for the reason that the proposed addition would be 21+- feet from the rear property line in violation of Code Section 100-244B which requires a rear yard at least 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a 16x20 ft. screened porch addition at the rear of the dwelling with a setback of 21.9+- ft. The proposed screened and roofed porch would extend approximately 11.5 feet beyond the back of house. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The house was completed in 1999. According to the foundation survey by John C. Ehlers, dated March 12, 1999, the front and rear setbacks are exactly the 35 feet required by the Code. Consequently, any sort of addition, front or rear, requires a variance. (2) The survey shows a portion of the rear wall of the house indented 2'1". The proposed 16-foot-deep porch is to be built out from that indented wall section, putting its outer edge 13'11" from the outermost section of the house wall and 21'1" from the rear property line. This is a substantial encroachment into the required rear yard of 35 feet. (3) A shallower porch, appropriately screened from the neighbors, will not be inconsistent with neighborhood conditions. For this reason, the action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicants to enjoy the benefit of a screened porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page '2 - September 6. 2000 ZBA AppL No. 4839 -W. Wenchell Parcel 1000-78-3-65 at Southold RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, it was RESOLVED, to DENY the vadance applied for and ALTERNATIVELY to GRANT a vadance authorizing construction of a covered porch no more than 20 feet wide with a setback, including any steps from the deck to the ground, of no less than 25 feet from the rear property line, subject to the following CONDITIONS: (1) The porch shall be and remain unenclosed except for screens, as applied. (2) A screen of evergreens shall be planted and continuously maintained, parallel to the rear property line and sufficiently within that line so as to be located on the higher land that lies easterly of the rear retaining Wall. Such evergreen screen shal be centered on the porch addition, shall be at least 24 feet long, and shall be comprised of trees 3 to 5 feet high planted no more than eight (8) feet apart. The Board reserves the right at any time(s) in the future to review the evergreen screen to determine that it is continuously maintained. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman'), Dinizio and Tortora. NAY: Member Collins for the reason that the variance is-.-- -.- -- --unjus~if4'aSf~arge and is inappropriate in - light of the fact that the house was built just last year with/arr'appar/e'nt unde. grst~din~g of the Code setback requirements. (Member Homing was absent.),/q-his R~olu!io~v~o, pted (3-1). '<~r~T~m AND FILED BY TPiE~ SOUTi{<LLD TOWN To~ ~erk, To~ o~ ~otd APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAl 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 SEPTEMBER 6, 2000 Appl. No. 4845 - ROBERT FRENTZEL STREET & LOCATION: 1900 Old Orchard Lane, East Marion 1000-37-2-9.'1 DATE OF PUBLIC HEARING: August 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property comprises 22,500 sq. ft. located on the west side of Old Orchard Lane, East Marion with 150 feet of lot depth and 150 ft. of road frontage. It is improved with a single-family dwelling with garage, set back 32.5 feet from Old Orchard Lane, 11.63 feet from the northerly property line (not including a small protrusion that is to be removed) and about 75 feet from the rear property line. BASIS OF APPLICATION: Building Inspector's June 22, 2000 Notice of Disapproval denying a permit to expand the house for the reason that the proposed addition would have a rear setback of 36'4" in violation of the 50-ft. requirement of Code Section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadanca to locate proposed construction that will add a second floor to the existing house and a near two-story addition with a rear setback of 36'4" in violation of the 50 ft. requirement of Code Section 100-244B. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The existing house is small and the owners wish to enlarge it for year-round occupancy. They testify that the only practical direction for expansion is westedy into the rear yard, because the southerly and southwesterly yards are planted in mature gardens and have some significant topographical irregularities. Because this lot is over 20,000 sq. ff., Code Section 100-244 requires a rear yard of 50 feet. The current rear yard is about 75 feet; applicant proposes a rear yard of 36'4". Applicant also proposes a northerly side yard that continues the existing nonconforming setback of 11.63 feet for the entire length of the addition. The required side yard setback under Code Section 100-244 is 15 feet. (2) The proposed project will result in a much larger house than now exists, with two stories rather than one and a much larger footprint. The proximity to the northerly and westedy property lines raises a serious possibility that the property will appear crowded and the house will intrude on the neighbors. Because the project is in the planning stage, applicant is in a position to revise the plan to allow for greater setbacks. (3) The Board concludes that with greater setbacks as set forth below, the project will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - September 6, 2000 ZBA Appl. No. 4845 - R. and iVl. Frentzel Parcel 1000-37-2-9.1 at East Marion (4) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a larger home with minimum disruption of established gardens, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Collins, itwas RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a vadance authorizing a rear setback of no less than 40 feet from the rear property line, subject to the CONDITION that the northerly wall of the proposed addition shall for its entire length be set back no less than ~eet from the northerly property line. VOTE OF THE BOARD: Ayes: Members Goehringer C_.(.~.~irman), Din~jz. ic)~ortora, and Collins. (Member Homing from Fishers Island was ~~~ d~ ,,~GERARD P. GOEHRINGER, CHAIRMAn.) 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 (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 6, 2000 Appl. No. 4842 - JOHN AND LISA MOLNAR STREET & LOCATION: 625 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: August 10, 2000 1000-86-1-4.24 FINDINGS OF FACT PROPERTY FACTS: The applicants' property comprises 21,750 sq. ft. on thee east side of Indian Neck Lane in Peconic, with 145 feet of depth and 150 feet of frontage. It is improved with a two- story frame dwelling with garage. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval, dated June 16, 2000, denying a permit to build a rear deck for the reason that the deck would be 34 feet from the rear property line in violation of the 50-foot rear yard required under Code section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicants request a vadance authorizing an open rear deck 36 feet wide by 15 feet deep, with a setback of 34 feet from the rear property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants' rear yard is 49 feet deep. This is one foot less-than the 50 feet required under Code section 100-244B, reflecting a vadance granted under Application 4757. Consequently, an addition of any sort at the rear requires a variance. (2) The Board understands that the land immediately behind applicants' property is to be left undeveloped. This fact, coupled with the size of the lot and the spacing between houses, leads the Board to conclude that a modest open deck will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (4) The action set forth below is the minimum necessary and adequate to enable applicants to enjoy the benefit of a deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnge.r, seconded by Member Collins, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a vadance authorizing construction of an open deck no more than 36 feet wide with a setback, taking Page 2 - September 6, 2000 ZBA Appl. No 4839 - W. Wenchell Parcel 1000-78-3-65 at Southold RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, itwas RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a vadance authorizing construction of a covered porch no more than 20 feet wide with a setback, including any steps from the deck to the ground, of no less than 25 feet from the rear property line, subject to the following CONDITIONS: (1) The porch shall be and remain unenclosed except for screens, as applied. (2) A screen of evergreens shall be planted and continuously maintained, parallel to the rear property line and sufficiently within that line so as to be located on the higher land that lies easterly of the rear retaining wall. Such evergreen screen shall be centered on the porch addition, shall be at least 24 feet long, and shall be comprised of trees 3 to 5 feet high planted no more than eight (8) feet apart. The Board reserves the right at any time(s) in the future to review the evergreen screen to determine that it is continuously maintained. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, and Tortoml NAY: Member Collins, for the reason that the variance is unju~rge and is inappropriate in light of the fact that the house was built just last year with~appar~eht undej~sta~ding of the Code setback requirements. (Member Horrling was ab~~~-l). JGERARD P. GOEHRIN~ER, ~/AIRMAN