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HomeMy WebLinkAboutZBA-11/16/2000 AFPEALS~BOARD MEMBERS ~\~ Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, NOVEMBER 16, 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 Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, November 16, 2000 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary 6:32 p.m. Chairman Gerard P. Goehdnger called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. SEQRA, Review/Updates: A. RESOLUTION: On Tortora, it was motion by Chairman Goehringer, seconded by Member RESOLVED, to declare the following projects as Type I! under the State Environmental Quality Review Act: Appl: No. 4884- Appl. No. 4891 - Appl. No. 4876- Appl. No. 4886- Appl. No. 4890- Appl. No. 4883- Appl. No. 4885- Appl. No. 4889- Appl. No. 4887- Appl. No. 4881 - (continued on next page) Building Department James Miller Gordon and Madeleine Schlaefer (1670 House) Glenn and Yvonne McNab James and Helen Lechmanski Mad D. Shea F.B. Harvey III Ralph and Catherine Caselnova Victor and Ella Beck. Gina Maxwell Page 2 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals I. SEQRA, RESOLUTION, continued: Appl. No. 4879 - Peter Hennessey and Maryann Fontana Appl. No. 4882- Lav-Cor Agricultural, Inc. (Peconic Winery) VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). B. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to declare Lead Agency and declare the following project as an uncoordinated, Unlisted Action under SEQRA: Appl. No. 4888 - Richard W. Goodale. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). C. DELIBERATIONS/DECISION: Appl. No. 4873 - P. and M. RUGG, Fishers Island. The Chairman skipped over this next agenda item and proceeded to Agenda Item D, and public hearings. D. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, to confirm receipt of the amended map submitted by William Penney t11, and to authorize advertisement for a public hearing to be held December 7, 2000. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. II. PUBLIC HEARINGS: The Chairman opened each of the following hearings. details on discussions, please see written Transcript, prepared separately.) (For full 6:34,6:57 p.m. Appl. No. 4884 - BUILDING DEPARTMENT. Request for a Town- Wide Interpretation under Article I, Section 100-t 3 of the Zoning Code, as to whether or not a hot-tub or jacuzzi structure shall be considered a ,'swimming poo]," thereby applying the same fence enclosure standards of Zoning Code Section 100-31C(4)(a). Building Department representative Edward Forrester spoke regarding this request for an Interpretation. Speaking with concerns were: Eric Bressler, Esq. and Joann Brooks. Please see written Transcript, prepared separately, for statements and discussions. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 6:57 - 7:00 p.m. Appl. No. 4891 - JAMES MILLER. Request for a Variance under Article XXIII, Section 100-231 based on the Building Department's October 4, 2000 Notice of Disapproval regarding a building permit application for the reason that the paddock fence height is proposed greater than four (4) feet high in a front yard area at 2100 Arbor Lane, Mattituck; 1000-121-1-1.11. Mr. Miller appeared and spoke in behalf of his application. Please see written Transcript for statements and discussions. At the end of the hearing, the Board rendered a determination of approval, the original of which was filed with the Town Clerk. A copy of the Board's Findings, Deliberation and Decision is attached and incorporated into this set of Minutes as though written in its entirety. 7:00 - 7:10 p.m. Appl. No. 4871 - JOHN ZOUMAS (Owner: Vera Doroski). (Continued from October 19, 2000 hearing calendar). Request for a Variance under Article XXIV, Section 100-244, based on the Building Department's September 11, 2000 Notice of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft. minimum code requirement, and rear yard setback at less than the 50 ft. requirement for a parcel of 21,580 sq. ft. in size. 455 Beebe Dr., Cutchogue; 1000-97-7-14. Mr. John Zoumas, Builder, and Brian and Nancy Brooks, contract vendees, appeared and spoke in behalf of their project. Opposing the application was Mr. Bill Milner. Please see written Transcript, prepared separately, for statements and discussions. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:10- 8:10 p.m. Appl. No. 4886- GLENN and YVONNE MCNAB, Contract Vendees (Elaine Abelson, Current Owner). Request for Variances under Article IliA, Section 100- 30A.3 and 100-30A.4, based on the Building Department's October 2, 2000 Notice of Disapproval to locate a new dwelling with accessory buildings. A dwelling is proposed at less than 50 feet from the front and rear property lines, and the proposed accessory buildings are proposed within the side yard. 665 Arrowhead Lane, Peconic; 1000-98-3-3 & 4 (now 4.1). Patricia Moore, attorney for the applicants, submitted information in support of this application. Also speaking in support were Mr. McNab, the applicant, and Chuck Thomas, Architect. Several residents opposed the application: John Kelly, Noreen Discano, Mr. McGuire, Mike Kazan, Michete Wehr, Doug Kerrester, Patricia Blake, Mrs. Sweeney, Gary Constantine. Please see written Transcript, prepared separately, for detailed statements and discussions. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:10 - 8:40 p.m. Appl. No. 4890 - JAMES and HELEN LECHMANSKI. Request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and addition to accessory garage with a lot coverage for all building area over 20 percent. 2495 King Street, Orient; 1000-26-2-45. Mr. and Mrs. Lechmanski spoke regarding their request for a variance. Speaking in opposition was Richard Lark, attorney for the abutting property owner, Ed Schnoor. Also speaking were Marie Claire Schnoor, Sally Stem, Jackie Wilson. Please see written Transcript, prepared separately, for statements and discussions. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:40 - 8:50 p.m. Appl. No. 4883 - MARl D, SHEA. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling with a front yard setback at less than 35 feet, at 1350 Smith Road, Peconic, NY; Parcel 1000-98-3-251. Mr. Frank Notaro, Architect, offered information in support of the application. Please see written Transcript, prepared separately, for statements and discussions. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duty adopted (5-0). 8:50 - 8:58 p.m. Appl. No. 4885 - F.B. HARVEY III. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 19, 2000 Notice of Disapproval to locate an addition to dwelling with a rear yard setback at less than 50 feet. Location of Property: Private Road, Fishers Island, NY; Parcel 1000-7-6-10. Susan Young, Architect offered information in support of the application. Please see wdtten Transcript, prepared separately, for details. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carded, to close (conclude) the hearing, reserving decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:58 - 9:08 p.m. Appl. No. 4889 - RALPH and CATHERINE CASELNOVA. Request for a Variance under Article III, Section 100-31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval in this minor subdivision project. The lot proposed to be set-off will contain an area of less than 80,000 sq. ft. when excluding any portion of a public or private street right-of-way pursuant to definition of lot area, Article I, Section 100-13. Location of Property: Right-of-Way off the North Side of Main Road (State Route 25), Odent; Parcel 1000-19-3-9.8 and 9.9. Chades Cuddy, attorney for the applicants, II. PUBLIC HEARINGS, continued: .Page 5 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: offered information in support of the application. Mr. Cuddy also confirmed that the green card was not returned by the State of New York, the closest neighbor to the area of the variance request, and requested a postponement to allow additional time for notice to the State. Please see written Transcript, prepared separately, for statements and discussions. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carded, to RECESS the hearing as requested, to the December 7, 2000 Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:08 - 9:10 p.m. Appl. No. 4887 - VICTOR and ELLA BECK. Request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's October 5, 2000 Notice of Disapproval for an addition to dwelling which will exceed 20% lot coverage maximum for all building area. 2215 Minnehaha Boulevard, Southold; 1000-87-3-56. Mr. Beck appeared and offered information. Please see written Transcript, prepared separately, for detailed discussions. DELIBERATIONS/DECISION: See copy of the official Findings and Determination filed with the Town Clerk is attached and incorporated into this set of Minutes as though fully written in its entirety. 9:13 p.m. - The Chairman called for a five-minutes break. A short break was taken until 9:20 p.m. 9:20 p.m. Member Dinizio moved to reconvene. The motion was seconded by Chairman Goehringer, and duly carried (5-0). 9:20 - 9:45 p.m. Appl. No. 4888 - RICHARD W. GOODALE. Request for an Accessory Bed and Breakfast Use by Special Exception under Article III, Section 100- 31 B(14) for the renting of up to five (5) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than 10 casual and transient roomers, providing that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. 8755 Fifth Street, New Suffolk; 1000-117-10-13 and 14, as one lot of 40,000+- sq. ft. Mr. Goodale appeared and spoke regarding his application. Speaking with concerns were immediate property owners: Patsy Rogers, Lucielle Goodman, Tom McKenzie. Please see written Transcript, prepared separately, for detailed discussions. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing to the December 7, 2000 Meeting pending receipt of additional information as discussed, and closing the hearing as a matter of course. Vote of the Board: Ayes: All (5-0). Page 6 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 9:45 p.m. Appl. No. 4881 - GINA MAXWELL. Request for Variances under Article Ill, Section 100-31 Bulk Schedule and Article XXIII, Section 100-231B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and fence. The addition is proposed with lot coverage for all building area exceeding the maximum 20% permitted by code; the fence will greater than 6.5 feet in height along the side and rear yards. Location of Property: 170 Orchard Street, Odent, NY; Parcel 1000-25-3- 3.1. Ms. Maxwell and Bob Saetta appeared and offered information to the Board. Please see written Transcript, prepared separately, for detailed discussions. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing to the December 7, 2000 Meeting pending receipt of additional information as discussed, and closing the hearing as a matter of course. Vote of the Board: Ayes: All (5-0). 10:04 - 10:07 p.m. Appl. No. 4879 - PETER HENNESSEY and MARYANN FONTANA (Buckaneer Books). This is a request for a Variance under Article III, Section 100- 31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval for a warehouse, or storage building, which building area will bring the total lot coverage over 20% of the lot size. Location of Property: 4460 Depot Lane, Cutchogue, NY; Parcel 1000-96-5-8. William Kelly, Contractor, appeared and offered information regarding this application. Please see written Transcript, prepared separately, for statements and discussions. DELIBERATIONS/DECISION: Motion was offered by Member Dinizio to approve the application. A copy of the official Findings and Determination is attached and incorporated into this set of Minutes. The original Findings and Determination is on file with the Town Clerk. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:07 Appl. No. 4876 - GORDON AND MADELEINE SCHLAEFER. Request for a Variance under Article X, Section 100-103C, based on the Building Department's September 14, 2000 Notice of Disapproval. Applicants are proposing an addition to an existing commercial building with a new frontage facing C.R. 48 at 103 feet. Project Location: 1670 House, 47025 C.R. 48 (a/k/a Middle Road), Southold, NY; 1000-55-2-23. P. Moore, Esq. and G. Strang, Architect appeared and offered information in behalf of the applicants, Mr. and Mrs. Schlaefer, who were also present. Speaking with concerns about traffic and safety conditions were immediate landowners (across the street), Lorna and Donald Tuthill. Chairman Goehringer requested an appointment for Board Member inspections for Saturday, November 25, 2000 at 10:15 a.m. at the site, which was agreed. (Please see written Transcript, prepared separately, for statements and discussions.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the headng to the December 7, 2000 Meeting for a continuation. This Resolution was duly adopted (5-0). Pa, ge 7 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals 10:45- 10:55 p.m. REQUEST FOR REHEARING: Dr. VALLO BENJAMIN, Appl. No. 4786 which was denied 3/2/00. Patricia Moore, Esq. appeared and clarified reasons for requesting a rehearing. After a poll of the members, a motion was offered by Member Tortora, seconded by Member Collins, to review Appl. No. 4786. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). Mrs. Moore then asked when would the headng be held, and the Chairman responded that it would not be scheduled before February 2001. II. PUBLIC HEARINGS, continued: 10:55 p.m. (formerly 7:45 p.m.) Appl. No. 4882 - LAV-COR AGRICULTURAL INC. (Peconic Bay Winery). Applicant is requesting: (a) an Interpretation of Article X, Section 100-103C determining the yard area of the proposed "accessory Wine Tasting building" to be a rear yard instead of a front yard based on the definitions of Section 100-13; and/or (b) a vadance under Article X, Section 100-103C, for a new Wine Tasting barn, in addition to the existing winery production building, which, based on the Building Department's September 20, 2000 Notice of Disapproval, is proposed for an overall length exceeding 60 ft. frontage facing the Main Road (State Route 25), Cutchogue; 1000-103-1-19.2 and 19.11. Mr. Robert Lund, Architect, spoke and offered information regarding this application. An interested resident and neighbor, Sandy Scott, inquired about areas of the project. (Please see written Transcript, prepared separately, for detailed discussions.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS for approximately 10 minutes to allow time for Mrs. Scott and others present to review the maps and file information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). (Continued after the next hearing of Sprint.) 11:17 p.m. Appt. No. 4862 - SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) Request for a Vadance under Article III, Section 100-33A, based on the Building Department's May 31, 2000 Notice of Disapproval for removal of the existiqg tower and to construct new wireless communication tower at a height exceeding 20 feet above the average height of buildings within 300 feet of-the facility. The height is proposed at 110+- feet from ground. 415 Elijah's Lane, Mattituck; County Tax Map No. 1000-108-4-11.3. Zone District: Limited Business. Appearing for the applicant were: Lawrence Re, Esq. of Munley, Meade, Nielson & Re, Omar G. Delgado, Radio Frequency Engineer, Peter E. Papay, P.E., Terry Elkowitz, Planner, Lou Cornacchia, Electrical Engineer, and Michael Lynch, Licensed Real Estate Appraiser. After receiving testimony and information, Chairman Goehringer offered a motion to close (conclude) the hearing, reserving decision until later, seconded by Member Dinizio, and duly carried. This Resolution was duly adopted (5-0).. Page 8 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 11:55- 11:58 p.m. Reopened Appl. No. 4882 - LAV-COR AGRICULTURAL, INC. (Peconic Bay Winery). Chairman Goehringer reopened the hearing. Discussions followed regarding site plan reviews by the Planning Board. The applicants stated that the plan is receiving a hardy endorsement from the Planning Department and Architect Review Committee. After received testimony and information, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, reserving decision until later. This Resolution was duly adopted (5-0). End of hearings. HEARING CANCELED: The next advertised headng was canceled by the attorneys for the applicant to allow time to submit an amended application for variance(s). Notice of the headng by certified mail was not completed by the agent for applicant as required under Town Code, Chapter 58. The headng was not held: Appl. No. 4864 - MARTIN ROSEN. Request to Reverse Building Department's Revocation of Permit No. 26546-Z dated August 14, 2000 regarding a ham radio tower which exists at 11780 Sound Avenue, Mattituck, NY; Parcel No. 1000-141-3- 44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as follows: "Pursuant to Article XXVIII, Section 100-282B, The Building Inspector may revoke a building permit issued in error when it should not have been issued in accordance with the application law. Subject property, in LI Zone, had a pre-existing nonconforming dwelling as principle use. This use was lost pursuant to Article XXIV, Section 100,241G. Subject property does not contain a permitted principle use pursuant to Article XIV, Section 100,141A. An accessory use cannot exist without a principle use." Ill. DELIBERATIONS/DECISIONS. The originals of each of the following determinations, approved earlier, are attached and incorporated into this set of Minutes ' Appl. No. 4891 -James Miller. Approved. Appl. No. 4887 -V. and E. Beck. Approved. Appl. No. 4879 - P. Hennessey and M Fontana. Approved. Pege 9 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals IV. RESOLUTIONS/OTHER ACTION: A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member to cancel the meeting for December 14, 2000, and to authorize advertisement for public hearings of the following, filed in complete form, to be held on Thursday, January 4, 2001: 6:15 p.m. Appl. No. 4877 - KENNETH ROBINS. This is a request for a Variance under Article III, Section 100-33A, based on the Building Department's August 21, 2000 Notice of Disapproval of an application for a second floor addition to existing accessory garage with a median height to collar ties above the code limitation of 18 feet. A median height is requested at 19 feet. Location of Property: 365 Pequash Ave, Cutchogue; Parcel No. 1000-103-7-29. 6:20 p.m. Appl. No. 4896 - STEPHEN SCHOTT. This is a request for a Variance under Article Ill, Section 100-33, and Article XXIV, Section 100-244B, based on the Building Department's October 30, 2000 Notice of Disapproval for a deck addition to existing one-family dwelling with a rear yard setback at less than fifty feet, and an accessory building in a side yard location with the new deck addition. Location of Property: 1235 Cedar Ddve, East Madon; Aquaview Park Lot 11; 1000-22-2-44. 6:25 p.m. Appl. No. 4901 - PETER M. CLARK. This is a request for a Variance under Article XXI¥, ,Section 100-244B, based on the Building Department's November 15, 2000 Notice of Disapproval for a new single-family dwelling with: (1) a proposed front yard setback is less than 35 feet and less than the average established setbacks within 300 feet of 14 feet; and (2) total side yards at less than 25 feet. Location of Property: 455 Flint Street, Greenport, NY; Parcel No. 1000-48-2-10. 6:30 p.m. Appl. No. 4907 - ANN HURWlTZ. This is a request for a Vadance under Article III, Section 100-33, and Article XXIV, Section 100-244B, based on the Building Department's November 30, 2000 Notice of Disapproval regarding an addition to existing one-family dwelling with a side yard setback at less than 10 feet. Location of Property: 60 Rambler Court, Southold; Terry Waters Lot 16; Parcel 1000-88-5-36. 6:35 p.m. Appl. No. 4904- CRISTINE HESSEL. This is a request for a Variance under Article XXIV, `section 100-244B, based on the Building Department's November 21, 2000 Notice of Disapproval regarding a building permit application for a new single-family dwelling, a portion of which will be located at less than 60 feet from the rear property line at 40300 Main Road, Peconic, NY; Peconci Bay Cove Lot No. 2; County Parcel No. 1000-86-4-1.4. 6:40 p.m. Appl. No. 4903 - L.I. HEAD START as Tenant (formerly occupied by the Church of the Open Door). This is a request for a Special Exception under Article III, Section 100-31B(4) of the Zoning Code, and as required by ZBA Decision dated October 19, 2000, File No. 4880. Applicant is requesting an expansion of a Nursery School to the upper level. Location of Page 10 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals Property: Lot No. 3, Map of Salvatore Catapano; 1850 Main Bayview Road, Southold, NY; Parcel 1000-75-4-28. 6:50 p.m. Appl. No. 4893 - LEONARD BECKENSTEIN. This is a request for a Variance under Article XXIV, Section 100-244B baSed on the Building Department's September 13, 2000 Notice of Disapproval for a building permit to construct an addition to an existing dwelling. The addition is proposed with a rear yard setback at less than 50 feet. Location of Property: 830 Jackson Landing, Mattituck, NY; Parcel 1000-113-6-4. 7:00 p.m. Appl. No. 4898 - PETER PSYLLOS. This is a request for a Vadance under Article III, Section 100-32 based on the Building Department's September 13, 2000. Notice of Disapproval regarding a building permit for an as built in-ground pool and raised patio. The reason provided in the Disapproval states that the proposed project adds 3600+- square feet of additional lot coverage, which will exceed the code limitation of 20 percent. Location of Property: 2867 Ruth Road Extension, Mattituck; 106-1-1.11. 7:10 p.m. Appl. No. 4905 - ORIENT BY THE SEA MARINNMGH ENTERPRISES/ROBERT HAAS. This is a request for a Variance under Article XII, Section 100-121C.1 based on the Building Department's November 21, 2000 Notice of Disapproval regarding a building permit to locate an accessory rest-room/storage facility at less than twenty 20) feet from a lot line. Location of Property: Main Road, Orient; Parcel 15-9-8.1. 7:20 p.m. Appl. No. 4892 - TAD SPERRY: This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Department's July 3, 2000 Notice of Disapproval regarding a building permit for a proposed renovation and addition to one-family dwelling, disapproved on the following grounds: Proposed dwelling on 8712 sq. ft. Lot to be located 1-1/2 ft.+- from front yard lot line at several points on Midlothian Avenue on south side. Existing nonconforming setback five feet on that frontage. Construction not permitted when such action creates any new nonconformance or increases the degree or nonconformance with regarding to regulations pertaining to such buildings. Location of Property: Equestrian and Midlothian Avenues, Fishers Island; 1000-9-4-14.1. 7:35 p.m. Appl. No. 4895 - CHARLES BRIENZA. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's October 26, 2000 Notice of Disapproval regarding building permit (#26678Z) for a portion of dwelling at less than 50 feet from the front property line. Location of Property: 1240 Latham Lane, Odent; Parcel 1000-15- 9-1.5. 7:45 p.m. Appl. No. 4894 - REV. RONALD WICKEY: This is a request for a Vadance under Article XXIV, Section 100-244B based on the Building Department's October 24, 2000 Notice of Disapproval regarding building permit request for a deck addition to dwelling which will have a side yard at less than 15 feet and a rear yard setback at less than 50 feet. 2305 Glenn Road, Southold; Parcel 1000-78-1-31. 7:55 p.m. Appl. No. 4897 - JAY P. and JOANNE DAVIS SLOTKIN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Department's October ,~age 11 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals 30, 2000 Notice of Disapproval regarding a building permit for a proposed addition at less than 40 feet from the front property line at its closest point. Location of Property: 50 Ackedy Pond Road and north side of State Route 25, Southold, NY; Parcel 1000-70-5-4. 8:05 p.m. Appl. No. 4844 as Amended - DONALD BUSKARD. This is a request for the following Variances based on the Building Department's June 14, 2000 and November 8, 2000 Notices 'of Disapproval: (1) Proposed construction will exceed the code limitation of 20% lot coverage, Article XXIV, Section 100-244B; (2) the swimming pool is proposed partly in a side yard instead of entirely in the rear yard, Article III, Section 100-33 (3) a rear addition to dwelling is proposed with a rear yard setback at less than the existing 25 ft. setback, or the code requirement of 35 feet, Article XXIV, Section 100-244B. Location of Property: 2705 Gillette Drive, East Madon; Parcel 1000-38-3-18. 8:15 p.m. Appl. No. 4899 - M. and J. POLLOCK. This is a request under Article II, Section 100-26, for a Lot Waiver of property referred to as District 1000, Section 110, Block 1, Lot 10, which property is merged with an adjacent parcel known as 1000-110-1-9. A Notice of Disapproval (merger determination) was issued September 22, 2000 by the Building Department for the reason that the lots have been held in common ownership after July 1, 1983. Location of Property: 2700 and 2600 West Creek Avenue, Cutchogue, NY. Each lot contains less than 40,000 sq. ft. of land area. 8:30 p.m. Appl. No. 4902 - ROSE DIACHUN. This is a request for a Variance under New York Town Law, Section 280-A and Section 100-235A of the Zoning Code, and the Building Inspector's Notice of Disapproval, and for minimum construction standards for safe and sufficient access for emergency and' other vehicles to travel over designated rights-of-way, extending in a northerly direction off the north side of Peconic Bay Boulevard, Laurel, over lands identified as District 1000, Section 127, Block 8, Lot 17.3 and 17.4, and District 1000, Section 127, Block 3, Lot 8 and 9.2. The applicant's property is known as 430 Diachun Road, Laurel, NY; Distdct 1000, Section 127, Block 3 Lot 10 and 9.1. 8:45 p.m. Appl. No. 4869 - WILLIAM MERCURIC. This is a request for a Variance under Article XXIV, Section 100-241A, based on the Building Department's November 8, 2000 Notice of Disapproval regarding a building permit application to construct a dormer addition and alter a nonconforming cottage. Location of Property: 2305 Bay Avenue, Mattituck; Parcel 1000-144- 4-4. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). V. EXECUTIVE SESSION (none held). RESOLUTION, Recommending Reappointment: Member Dinizio offered a motion, seconded by Chairman Goehringer, to recommend reappointment of Lora S. Collins as Page 12 - Minutes Meeting held November 16, 2000 Southold Town Board of Appeals Member of the Board of Appeals. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing, and Collins. This Resolution was unanimously adopted (5-0). RESOLUTION, recommending Reappointment: Member Dinizio offered a motion, seconded by Member Collins, to recommend reappointment of Gerard Goehringer as Chairman with the Board of Appeals. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing, and Collins. This Resolution was unanimously adopted (5-0). There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at 12:05 Respectfully submitted, ppr°ved - Gerard P. G'Cd~hringe, Cha' ma MAR u01 AF'~EAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 16, 2000 Appl. No. 4887- VICTOR BECK PARCEL 87-3-56 STREET ADDRESS: 2215 Minnehaha Boulevard, Southold DATE OF PUBLIC HEARING: November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located along Minnehaha Boulevard at Laughing Waters, Southold. A survey prepared by Stanley J. Isaksen shows an existing dwelling on a 10,5610.23 sq. ft. parcel. This property has frontage along Minnehaha Boulevard on the east and south property lines. BASIS OF APPEAL: Article XXIV, Section 100-244B based on the Building Inspector's October 5, 2000 Notice of Disapproval for the reason that the proposed addition will exceed the code limitation of 20% for lot coverage by all building construction. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Proposed 20x20 ft. garage addition, or 400 sq. ft. of additional lot coverage. The existing garage at the north end of the dwelling will be converted to additional living area (bedroom). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The grant of the area vadance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The increase is only 2.7% of the overall lot size. An increase of lot coverage at 284 sq. ft. over the allowable 20% will not be visually noticeable. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. It will not be feasible to remove any existing construction areas for a garage. (3) The requested area variance is not substantial, representing 2.7% of the total lot size. (4) The proposed garage will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The garage will meet the code setback requirements and will be located off the area presently used as a garage (proposed to be converted for additional bedroom area). In considering this application, the Board deems the grant of an increased lot coverage for a garage, as 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. Ap~[:EALS, 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 NOVEMBER 16, 2000 Appl. No. 4879 - P. HENNESSEY and M. FONTANA STREET & LOCALITY: 4460 Depot Lane, Cutchogue DATE OF PUBLIC HEARING: November 16, 2000. PARCEL 1000-96-5-8 FINDINGS OF FACT PROPERTY FACTS: The subject property measures 91,934 sq. t~. with 255 feet of frontage on Depot Lane in Cutchogue. It is bordered on the north by the L.I. Railroad and on the east by a cemetery. The property is improved with two large buildings. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 11, 2000 denying a permit to construct a third building, for the mason that the proposed building would increase lot coverage to 20.68%, which exceeds the 20% allowed under Code section 100-82A. RELIEF REQUESTED: Applicants request a variance authorizing lot coverage for proposed construction of the additional (storage) building as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants want to add storage space for their book distribution business. The proposed building was planned after consultation with the Planning Board and was intended to bring lot coverage to 19.98%. Applicants' builder testified that during the planning stage, applicants were erroneously told by the Planning Board that the 6-foot deep open porch on two sides of an existing building did not count for lot coverage. (2) The 6-foot deep porch covers 586.2 sq. ft. or 0.64% of the lot. Inclusion of the porch brings current lot coverage to 14.88% and proposed coverage to 20.64% (3) Applicants' plans were made in reliance on the information that the porch did not count in coverage. The variance needed to. allow their plans to go forward is very modest and will not produce an undesirable change in the character of the neighborhood Page 2 - November 16. 2000 Appl. No. 4979 - P. Hennessey & ano. 96-5-8 at Cutchogue or detriment to nearby properties. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicants to implement their expansion plan while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, Tortora, ...--'"'~ERARD P. GOEHRINGER, CHAIRMAN A~PEAL~ BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 16, 2000 Appl. No. 4891 - JAMES MILLER PARCEL 12%%1.11 STREET & LOCALITY: 2100 Arbor Lane, Mattituck DATE OF PUBLIC HEARING.' November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located along the south side of Arbor Lane at a cul-de-sac, Mattituck northerly side of Sound Avenue, Mattituck. A June 29, 1998 survey map shows that the yard area to the north of the existing dwelling is proposed as the fence enclosure/paddock area for the owner's horses. BASIS OF APPEAL: Article XXIII, Section 100-231 based on the Building Inspector's October 4, 2000 Notice of Disapproval for the reason that the paddock fence height is proposed greater than four (4) feet high in the front yard area. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Paddock fence at a height of five (5) feet high located in the front yard area. (The barn shown on the map submitted with this appeal application is not proposed by applicant at this time and was not processed as part of the appeal.) 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 there are paddocks in nearby areas with fences of similar height. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The location of the dwelling as exists with a front yard setback greater than 240 feet creates a very front yard, which is desirable on a parcel of five (5) acres. (3) The requested area variance is not substantial. (4) The proposed fence will not have an adverse effect or 'mpact on the physical or environmental conditions in the neighborhood or district and is necessary at a height of five (5) feet to be effective as an enclosed paddock for homes. In considering this application, the Board deems the grant of a fence at five feet in height, instead of four feet, as 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.