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HomeMy WebLinkAboutZBA-03/15/2001APPEALS 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 1~79 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES REGULAR MEETING THURSDAY, MARCH 15, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, $3095 Main Road, Southold, New York 11971, on Thursday, March 18, 2001, commencing at 6:35 p.m. Present were: Lydia A. Tortora, Chairperson Pro Tem Gerard P. Goehringer, Chairman (arrived 9:10 p.m.) James Dinizio, Jr., Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary 6:35 p.m. Chairperson Lydia Tortora called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda, as follows: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION (None). AGENDA ITEM V. A. ResolUtion. Appl. No. 4920 - Anne MacKay. Motion was offered by Member Horning, seconded by Chairperson TortOra, and duly carried, to amend the Board Resolution of 2/28/01 Resolution by confirming a new hearing date for March 15, 2001, as advertised. This Resolution was duly adopted (4- 0). (Chairman Goehringer was absent during this Resolution.) B. Resolution. Motion-was offered by Member Dinizio, seconded by Member Horning, and dUly carried, to approve the Minutes of the February 28, 2001 ZBA Meeting. This Resolution was duly adopted (4-0). (Chairman Goehringer was absent during this Resolution.) AGENDA ITEM I1. DELIBERATIONS/DECISIONS: The Board Members deliberated on each of the following applications. Following deliberations, action was taken as noted below. A copy of the original Findings and Determination filed with the Town Clerk's Office is attached, as though fully set forth herein: Approved with condition(s): Appl. No. 4896 -STEPHEN SCHOTT. Appl. No. 4916 - CHARLES MILLMAN. Appl. No. 4917 - ROBERT H. CHILTON. Accepting applicant's amended plan. Appl. No. 4911 - MANOR GROVE CORP. Owner/WAYNE and MARY OLIVIA MOTT. Appl. No, 4876 - GORDON and MADELEINE SCHLAEFER (1670 House of Furniture). Page 2 - Minutes March 15, 2001 Regular Meeting Southold Town Board of Appeals Approved as applied: Appl. No. 4915 - MANOR GROVE CORP./PETER DENICOLA. Appl. No. 4914 - OWEN MORREL. Accepting Plan as revised 3/7/01. Also see Decisions rendered after the public hearings below: iii. PUBLIC HEARINGS: 7:40 p.m. Appl. No. 4844 as Amended - DONALD BUSKARD. (Continued from previous meeting). 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) amendment includes a proposed addition at less than the existing nonconforming 25 ft. rear yard setback, and/or the code requirement of 35 feet, Article XXIV, Section 100-244B. Location: 2705 Gillette Drive, East Marion; 38-3-18. Amy Martin of Fairweather-Brown Architects appeared in behalf of the applicant and submitted an amended plan. Discussion with Mrs. Martin include whether or not sufficient notice was given for the amended plan. Following testimony, motion was offered by Chairperson Tortora, seconded by Member Horning, and duly carried, to RECESS the hearing without a date (requiring new Chapter 58 Notices for Posting and Mailings). This Resolution was duly adopted (4-0). Chairman Goehringer was absent during this hearing. 7:51 p.m. Appl. No. 4913 - LEONARD TIRADO. Mr. Tirado was not present at this time; the hearing was tabled until later this evening to allow time for his appearance. 7:51 p.m. Appl. No. 4920 - ANNE MACKAY. This is a request for a Variance under Article XXlV, Section 100-242A, based on the Building Department's December 14, 2000 Notice of Disapproval for a proposed addition to the existing dwelling with a front yard setback at less than the existing front yard setback of 36.1 feet. The Code requirement is forty (40) feet (or the average of the established setbacks within 300 feet on the same block, same side. Location of Property: 555 South View Drive, Orient; 13-3-8. Mr. H. Ariizumi, Architect spoke in behalf of the applicant. After receiving testimony, motion was made by Chairperson Tortora, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). Chairman Goehringer was absent during this hearing. 7:58-8:48 p.m. Appl. No. 4909 - JAMES AND PATRICIA McNAMARA (Owners of 101-4-1). Appellants request a Reversal of Building Permit No. 26821-Z issued concerning new construction at 3705 Alvah's Lane, Cutchogue, property owned by Paulette Satur Mueller and Eberhard Mueller; Parcel 101-2-24.5 and 24.6 (combined as one lot). Daniel C. Ross, Esq. spoke in behalf of the appellants- McNamara. Abigail Wickham, Esq. spoke in behalf of the landowner-Mueller. Also appearing for the Building Department was Edward Forrester, Director of Code Enforcement. After receiving testimony, motion was made by Chairperson Tortora, seconded by Member Collins, and duly carried, to close the hearing as to oral testimony, and to extend the written portion of the record for allowance of 10 days for any return brief and five days after that to rebut, and 15 days written for any department or agency for comments. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. 8:48-9:08 p.m. Appl. No. 4913 - LEONARD TIRADO. Mr. Tirado was not present. The hearing was opened for testimony from anyone wishing to be heard at this time. Mr. Weiss and Mr. and Mrs. Salerno spoke against the application. After receiving testimony, motion was offered by Chairperson Tortora, Page 3 - Minutes March 15, 2001 Regular Meeting Southold Town Board of Appeals seconded by Member Horning, and duly carried, to RECESS the hearing for a continuation on April 5, 2001 at 6:30 p.m. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. Ch'airman Goehringer arrived at 9:10 p.m. at the beginning on the next hearing. 9:08-9:42 p.m. Appl. No. 4837 - I-[. CASHY. (Continued from 2/28). This is a request for a Variance under Article XXIV, Section 100-239.4A.t to locate an accessory swimming pool and hot tub construction at less than. 100 feet from the bluff of the Long Island Sound; 1900 Hyatt Road, Southold; 1000-50-1-3. Charles R. Cuddy, attorney for the applicant, George Penesis, P.E. acoustical engineer, Mark Schwartz, and Derrick Bossen spoke in support of the application. John Ciarelli, attorney for nearby landowners, spoke in opposition to the application for nearby landowners Mary Butz and others. Also speaking in opposition was Bill Toedter, in behalf of his mother, Jean Toedter, who was also present. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing until April 19, 2001 at approximately 7:00 p.m. fora continuation. This Resolution was duly adopted (4-0). IV. DELIBERATIONS/DECISION: Board Members deliberated on each of the following applications. Following deliberations, action was taken as noted below. A copy of the original Findings and Determination filed with the Town Clerk's Office is attached, as though fully set forth herein: Approved as applied: Appl. No. 4920 - ANNE MACKAY. V. RESOLUTIONS/UPDATES/OTHER: The Chairman confirmed a Special Meeting tentatively for April 19, 2001 for possible agenda carryovers and new reviews. Also discussion at that time for possible public hearing calendars regarding: Benjamin, Principi, Miller, Rosen, new applications filed during March). VI. EXECUTIVE SESSION. (None held). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at approximately 10:30 p.m. /~.~-~proved - Gerard P. Goehringer, Chairman Respectfully submitted, Secretary APPI~ALS BOARD MEMBERS ~. Gerard P. G(~ehringer, 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 AND DETERMINATION March 15, 2001 Meeting Appl. No. 4876 - Gordon and Madeleine Schlaefer Location of Property: 47025 C.R. 48 (a/k/a Middle Road), Southold 1000-55-2-23 Date of Public Hearing: November 16, 2000; December 7, 2000; February 27, 2001. Findinfls of Fact PROPERTY FACTS: The subject property is a parcel of 22,940 sq. ft. with about 160 feet of frontage on CR 48 in Southold, and a depth of 150 feet. It is improved with a frame building used as a furniture and home furnishings shop. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 14, 2000, denying a Permit to build an addition because the addition would increase the building frontage on CR 48 from 49.feet to 103 feet, in violation of Code section 100-103C, which limits building frontage in the General Business zone to 60 feet on one street. AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing the addition as proposed, which would extend the building by 54 feet to the East, for a total width of 103 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants, who own the furniture shop, stated that the current space is very crowded and that the future of the business requires expansion. They stated that the nature of their business mandates that operations be under one roof in order that customers may move easily among the merchandise displays, and that breaking the facility up into separate buildings would be not only impractical but also uneconomical in terms of staffing requirements. (2) The shape of the property is such that an addition to the East is the only feasible way to expand. (3) The subject property is located on a busy segment of CR 48, with several large business structures nearby. Applicants' proposed addition constitutes the expansion of a single business under one roof and not the establishment of a multi-business facility, and grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) The Board expressed concern about the flow of traffic, particularly emergency vehicles, onto and within the property. In response, applicants' attorney on March 5, 2001, submitted a site plan dated February 28 that shows an emergency vehicle access lane on the East side of the property from the rear of the property to CR 48. 'Page 2 - March 15, 2001 ZBA Appl. N°. 4876 - G. and M. Sc~,~Jfer. 1000-55-2-23 at Southold (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicants to build an addition to accommodate their business while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance authorizing a 54~foot Eastward expansion of the existing building, subject to the following CONDITIONS: (1) An emergency vehicle access lane of a minimum 15-foot width shall be provided as set forth in the site plan dated February 28, 2001; and (2) Applicants shall ensure to the best of their ability that vehicles do not back out from the property onto CR 48. VOTE OF THE BOARD: Ayes: Members Horning. (Chairman Goehringer was absent.) Dinizio, Tortora (Chairman Pro Tern), Collins, and This Resolution was duly adopted (4-0). APPEALS BOARD MEMBERS Gerard P. G0ehringer' Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15, 2001 Appl. No. 4911 -MANOR GROVE CORP./WAYNE AND MARY OLIVIA MOTT STREET & LOCALITY: 1380 East Gillette Drive, East Marion 1000-38-3-26 (Subd. Lot 41) DATE OF PUBLIC HEARING: February 27, 2001 FINDINGS OF FACT .PROPERTY FACTS: Applicants are proposing a new 26 x 60 ft. dwelling with a front yard setback of 35 feet, north side yard at 20 feet, rear yard at 18 feet, and the remaining side' yard greater than the code requirement of 10 feet. This parcel is vacant and is shown as Lot #41 on the Map of Marion Manor, a subdivision listed under Section i00-12 of the Town's Exceptions List until January 1, 1997. The lot contains an area of 11,230 sq. ft. with 140.05 ft. frontage along Gillette Drive and lot depth of 79.73 feet along the northerly property line. BASIS OF APPEAl.: Building Inspector's Notice of Disapproval dated October 31, 2000 denying an application for a building permit for a new dwelling for the reason that the rear yard is proposed at less than the Code requirement of 35 feet, Zoning Code Article XXIV, Section 100-'244B. RELIEF REQUESTED: Applicants request a Variance for location of a new dwelling at 18 feet at its closest point to the rear property line instead of 35 feet. (Also see paragraphs below). INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: The Lot is small containing 11,222 square feet. The lot is similar in size to others in this neighborhood that present special problems with meeting the code-required setbacks. The adjoining rear yard neighbor, by way of letter, expressed strong opposition to the proposed variance, which would locate the new dwelling 18 feet from the rear property line. In discussing the neighbor's concerns, as well as the Board's concerns, the applicant agreed to increase the setback request to a minimum of 20 feet. The Board agrees that the applicant can reduce the depth of the house from 26 feet to 24 feet and increase the rear yard set back to a minimum of 20 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant proposes to construct a new dwelling with a minimum rear yard setback of 20 feet. No evidence was presented to suggest that the variance will adversely impact nearby properties, which have similar rear yard setbacks. Page 2 - March 15, 2001 ¢¢ Appl. No, 4911 - Manor Grove Corp/Mott Parcel No. 1000-38-3-25 at East Marion 2. The benefit sought by applicant cannot be achieved by some method, .feasible for appellant to pUrsue, other than an area variance. Because of the small size of the lot, if the applicant were to locate the house at the required rear yard setback, it would encroach into the front yard area, and a Variance would then be required. 3. The requested area variance is substantial. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions. No evidence was present to indicate that the proposed variance would create adverse environmental impacts on the physical or environmental conditions in the neighborhood or district. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a new dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to approve the request for a variance, as amended, by increasing the original request from 18 feet to 20 feet from the foundation, to allow for a building depth of 24~feet instead of 26 feet, and that a cantilever is permitted at,~feet from the rear property line, at its closest points. !~' Vote of the Board: Ayes: Members Tortora Dinizio, Collins, and Homing. (Chairman Goehringer was absent during this resolution.) This Resolution was duly ADOPTED (4-0). .~-YI~IA A. TORTORA, CH'AIRMAN PRO TEM ' / PPEALS 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 MARCH 15 2001 Appl. No. 49~17 - ROBERT H, CHILTON 1000-57-1-13 STREET & LOCALITY: 1165 Blue Marlin Drive, Southold DATE OF PUBLIC HEARING: February 27, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is known as Lot 34, Map of Southold Shores filed August 29, 1963 in the Office of the Suffolk County Clerk. The lot consists of 21,042 sq. ft. with 160 ft. frontage along Blue Marlin Drive and 128 ft. along the bulkhead. The property is waterfront and is Vacant land. BASIS OF APPLICATION: Building Inspector's December 26, 2000 Notice of Disapproval under Article XXIII, Section 100-239.4B for the location of a proposed single-family dwelling at 50 feet from the bulkhead instead of the code requirement of 75 feet. AREA VARIANCE RELIEF REQUESTED: The applicant has submitted a plan to locate a new dwelling, on an angle, at 50 feet distant from the bulkhead at the northeast corner, its closest point, and at 60+- feet at its opposite corner. The attorney for the applicant confirmed that the applicant will accept 60 feet as an alternative as discussed at the February 28, 2001 hearing. 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. By way of attorney at the public hearing on February 27, 2001, applicant has agreed to decrease the variance request from 50 feet distance from the bulkhead at its closest point to 60 feet. The variance requested would place the dwelling at a'similar setback from the bulkhead as the adjoining dwellings to the east and west, which have existed for many years with no undesirable change 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 if the dwelling were to be constructed at the code required 75 foot setback from the bulkhead, the dwelling would encroach into the front yard area, which would then require a variance. (3) The requested area variance is not substantial and represents a 20 percent reduction from the 75 ft. requirement. (4) The proposed variance will not have an adverse effect or ~mpact on the physical or environmental conditions in the neighborhood or district. No evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - March 15, 2001 Appl. No. 4917 - Robert Chilton 1000-57-1-13 at Southold In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance as amended for a 60 ft. setback at its closest point, SUBJECT TO THE FOLLOWING CONDITION: Applicant agrees to adhere to the terms and conditions enumerated in the Board of Trustees' Permit No. 5245 dated November 21, 2000 issued to Robert Chilton. VOTE OF THE BOARD: COLLINS, AND HORNING. adopted (4~0). AYES: MEMBERS DINIZIO, TORTORA (Chairman Pro Tem), (Chairman Goehringer was absent.) This Resolution was duly L~ -A-.- ~-OF~TORA .... CRAZRPERSON PRO TEiVl *~APPE~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15, 2001 Appl. No. 4914 - OWEN MORREL Location of Property: 3495 SoundviewAvenue, Peconic; Date of Public Hearing: February 27, 2001 Parcel 1000-68-1-15.1 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 12.02-acre parcel located on the northerly side of Sound View Avenue in Peconic. The lot has 252.59 ft. road frontage; the property widens to a width of approximately 400 ft. at the building setback line. The property is improved with a concrete foundation for a new dwelling, as depicted on the survey map amended March 5, 2001 preparedby John C. Ehlers, ES. This building will replace the former dwelling construction. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated December 14, 2000, denying an application dated October 27, 2000 for a permit to build an accessory swimming pool because the structure is proposed within the side yard area. RELIEF REQUESTED: Applicant requests a variance to locate an 18x36 ft. accessory swimming pool structure in the easterly side yard, at 14.5 feet from the side line. ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. Although the property is a large, 12.5 acre lot, the ground elevations drop sharply between 20 and 30 feet near the proposed single-family dwelling, as indicated on the March 5, 2001 survey map prepared by John C. Ehlers, ES. The only feasible area to place the accessory pool, which is level, is on the easterly side yard of the property. 2. In discussing the proposed 14.5' setback with the applicant at the February 27, 2001 hearing, the Board requested that the applicant increase the side yard set back as much as possible. The applicant agreed and submitted an amended map, which places the accessory swimming pool in the easterly side yard, at 30 feet from the property line at its closest point. 3. The Board accepted the amended relief requested by the applicant to locate the accessory swimming pool in the easterly side yard at a minimum distance of 30 feet from the easterly property line, and therefore determine that; REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed accessory swimming pool will be located approximately 1000 feet from the nearest dwelling on the east, and approximately 400 Page 2 - March 15, 2001 . _¢ ZBA Appl. No. 4914- O. Morrel Re: 1000-68-1-15.1 at Peconic feet on the west. No evidence was presented to suggest that the variance will adversely impact nearby propertieS. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The steep elevations on the property limit the only level area to place the pool to a nonconforming side yard location. 3. The area variance is not substantial because the accessory pool will meet the minimum side yard setback required for a principal structure. 4~ The proposed variance' will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance as requested and shown on the survey map amended March 5, 2001 prepared by John C. Ehlers, L.S. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora (Chairman Pro Tem), Collins, and Horning. (Chairman Goehringer was absent.) This Resolution was duly adopted (4-0). LYDIA/ACl'ORTORA ~' (CHAIRPERSON PRO TEM) APPF, ALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION March' 15,2001 Meeting Appl. No. 4916 - CHARLES MILLMAN STREET & LOCALITY: 2670 Deep Hole Drive, Mattituck DATE OF PUBLIC HEARING: February 27, 2001 1000-123-4-10 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION- Applicant's property consists of a total lot area of 37~078.10 sq. R. (or .85 acre) with 75 ft. frontage along the south side of Deep Hole Drive and average depth along the east side property line of 467 feet to the high water of Deep Hole Creek. Existing is a one-story, one-family frame dwelling at 82.2 feet from the. front property line and with side yards of 22.8+- feet and 19.9 feet. Applicant proposes to demolish the existing dwelling for this new single-family dwelling construction. BASIS OF APPLICATION: Building h~spector Notice of DisapProval dated December t9, 2000 d~nying the new dwelling location with proposed side yards at less than 15 and 20 feet, and less thal~ a combined area of 35 feet required under Article XXIV, Section 100-244.B. AREA VARIANCE ,RE~IEF REQUESTED: Applicant requests a Variance for a new dwelling wSth side yards at 15 feet and 14.3 fe~t,, and a total of 29.3 feet. REASONS FOR BOARD A'CTION: After consideration of all testimony and documentation, and personal inspection, the Board makes th~ following findings: (1) The. granting of the area variance will not produce an undesirable change in character of the neighborhood or a detriment to nearby properties because the applicant is proposing to build a.single-family dwelling unit of similar size and shape of the dwellings located in the area. (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 subject lot is narrower than most lots in the area. (3) The requested area variance is not substantial. (4) The"variance will not have an adverse effect or impact on the physical or environmental conditiOns in the neighborhood or district. (5) The alleged difficulty has not been self-created because the lot is long and narrow. If the total square footage of the lot were less than 20,000 sq. ft., the setback requirement would allow the applicant to build a house.four (4) feet wider than th~ proposed. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicant to enjoy the benefit of a new dwelling and that the grant of this variance wild preserve the character of the neighborhood, and the health, safety, welfare of the comnmnity. P~'ge2-. March-I5, ZBAAppl. No.-49'16 - ch Parcel ID 1000-123-4-- 1'0 RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Tortora, Homing and Dhfizio. NAY: Member Collins, for the reason that a reasonable house can be built without a variance. This Resolution was duly adopted (3-1). /- 'APPF_,"~LS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15, 2001 Appl. No. 4915 - MANOR GROVE CORP./Peter DeNicola Location of Property: 2205 Gillette Drive, East Marion Date of Public Hearing: February 27, 2001 1000-38-3-14 Findin.qs of Fact PROPERTY FACTS: The subject property is a vacant lot on the east side of Gillette Drive in East Marion, 135.6 feet wide and with average depth of 82.4 feet, according to a survey by Elizabeth McQuilkin, L.S. dated May 12, 2000. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated December 14, 2000, denying a permit to build a one-family house because the proposed rear setback of 22 feet is less than the 35 feet required under Code Section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction of the house as proposed, with a setback from the rear lot line to the foundation of 21 feet at the north end and 22 feet at the south end, and setbacks to the cantilevered rear wall of the house of 19 feet and 20 feet, respectively. The proposed front and side setbacks comply with the Code. 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 dimensions of the subject lot are substantially the same as those of many other lots in this subdivision. The wide-but-shallow shape constrains the dimensions of any house built on the lot, and a front and/or rear setback variance is necessary' because observance of the required setbacks would allow a house depth of only 12 feet. (2) The proposed house is consistent in size with others in the neighborhood, and the proposed rear yard is likewise consistent with the neighborhood. Grant of the requested variance wilt not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance 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 applicant's vendee to construct a house on the property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Collins, seconded by Member Horning, it was 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 South01d, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15, 2001 Appl. No. 4896- Stephen Schott. Location of Property: '1235 Cedar Drive, East Marion, Aquaview Park Lot 11 County Parcel ID No: 1000-22-2-44 Findings of Fact PROPERTY FACTS: The subject property is a lot of 34,969 sq. ft., according to applicants' submission, with 275 feet of frontage on Cedar Drive in East Marion, 301 feet of width at the rear, and average depth of about 121 feet. The property is improved with a frame house and detached garage. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated October 30, 2000, denying a permit to construct a rear deck because (1) the addition would extend the rear line of the house and thereby place the garage in the side rather than rear yard, and (2) the addition would result in a rear setback of 43 feet, whereas Code section 100-244B requires 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing construction of the deck as proposed, extending the rear line of the house by 21 feet to the East and resulting in a setback of 34.2 feet (not 43 feet) from the rear lot 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) The layout of the house is such that, in the interests of privacy and accessibility, the only practical place for a deck addition is at the rear of the house. Because the existing rear setback is only slightly greater than the required 50 feet, and the existing garage is close to the rear of the house, any addition at the rear will require a variance. (2) The house and garage have stood in their present locations for many years, with the front wall of the garage just over 9 feet behind the rear wall of the house. Although construction of the proposed deck will move the rear wall of the house eastward and thus put the garage in the side yard, there will be no effect on the appearance of the house and garage as seen from the street. (3) The 50-foot rear setback requirement for this lot under Code section 100-244B is based on the lot's size of almost 35,000 sq. ft. However, the lot is shallow but wide. The proposed rear setback of 34.2 feet. while a good deal less than the required 50 feet, is reasonable in light of the lot's 120-foot depth (4) For the reasons set forth in paragraphs (2) and (3), grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - March 15, 2001 ZBA Appl. No. 4896 - Stephen Schott Parcel 1000-22-2-44 at East Marion (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) 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 Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance applied for, subject to the CONDITION that the deck shall not be enclosed (other than by a railing no more than four feet high) and shall remain open to the sky. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora (Chairman Pro Tem), Collins, and Horning. (Chairman Goehringer was absent.) This Resolution was duly adopted (4-0). //'LYD'[A A. -I:OCi'TORA CHATRPERSON PRO TEH