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HomeMy WebLinkAboutZBA-12/14/1999AP'PEALS BOARD' MEMB£R$O 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 (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, DECEMBER 14, 1999 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, DECEMBER 14, 1999, commencing at 6:35 p.m. in the Assembly Hall (Court Room). Present were: GERARD P. GOEHRINGER, CHAIRMAN-MEMBER JAMES DINIZIO, JR., MEMBER GEORGE HORNING, MEMBER LORA S. COLLINS, MEMBER LINDA KOWALSKI, CLERK Absent was: LYDIA A. TORTORA, MEMBER (ill) 6:35 p.m. The Chairman called the meeting to order and proceeded with the first order of business, as follows: I. SEQRA determinations: (none). II. PUBLIC HEARINGS: (Each of the applicants submitted Affidavits of Posting and Mailing, and Green Cards for Certified Mailings at the beginning of their hearing. Legal notices were read at the beginning of each hearing.) 6:38 p.m. Appl. No. 4766 - JAMES WHEELER. This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's October 18, 1999 Notice of Disapproval of a building permit application to construct a one-family dwelling with a front yard setback at less than 40 feet and rear yard at less than 50 feet. This lot contains an area of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold, NY; Parcel No. 1000-59-3-7, John Zoumas, Builder appeared and spoke in behalf of the application. Mrs. Charlotte Pdce spoke with concerns about drainage from the applicant's land onto her land (please see written transcript of hearing prepared separately). After receiving testimony, motion was offered by Chairman Goehfinger, seconded by Member Dinizio, and duly carded, to RECESS the hearing to January 13, 2000 pending receipt of recommendations from applicant's engineer, and continued discussion regarding drainage issues. This Resolution was duly adopted (4-0), (Please see transcript of verbatim testimony prepared separately.) Page 2 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals 7:03 p.m. Appl. No. 4768 - GEORGE KALOGERAS. This is a request for a Vadance under Article XXIV, Section 100-244B, based upon the Building Department's October 26, 1999 Notice of Disapproval of a building permit application to construct addition to enclose existing breezeway and attach existing garage as addition to dwelling. The existing side setback of the garage is less than the code requirement of 15 feet, and total side yards at less than 35 feet. Location of Property: Captain Kidd Estates Lots 48, 47 and plo 46 (consisting of 36,911 sq. ff. in area), 900 Sound Beach Drive, Mattituck, NY; County Parcel No. 1000-99-1-8.1. Christina Rivera, Agent, appeared in behalf of the applicant. (Please see wdtten transcript of hearing prepared separately.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:07 p.m. Appl. No. 4770 - JAMES RILEY. This is a request for a Vadance under Article III, Section 100-33C, based upon the Building Department's updated September 7, 1999 Notice of Disapproval of a building permit application to construct a tennis court with a front yard setback at less than 50 feet from the front property line. Fencing for the tennis court is proposed at a height of 12 ft. Location of Property: 3600 Vanston Road at Nassau Point, Cutchogue, NY; Parcel No. 1000-111-5-12. Eugene Burger, Contractor, spoke in behalf of the applicant. Mr. Cichanowicz submitted a landscaping plan prepared for the applicant. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). 7:13 p.m. Appl. No. 4773 - MARGUERITE AND JAMES SCHONDEBARE. A Special Exception is requested for a Bed and Breakfast accessory use as provided under Article Ill-A, Section 100-30A.2(B) (ref. 100-31B) for rental of not more than three bedrooms, subordinate and incidental to the residency of the owners in this dwelling at 14580 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-50-6-2. Mr. Schondebare spoke in behalf of his application. (Mrs. Schondebare was also present.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carded, to dose (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:17 p.m. Appl. No. 4769 - DOUGLAS MORRIS. This is a request for a Variance under Article XY, Ill, Section 100-231, based upon the Building Department's October 21, 1999 Notice of Disapproval for fencing at a height of 10 feet, as an enclosure of owner's tennis court structure, instead of the Code height limitation of 6.5 feet. Location of Property: Private Right-of-way (Private Road #15), extending from State Route 25 (Main Road), Odent, NY; County Parcel No. 1000-15-9-3.4. J. Kevin McLaughlin, Esq. appeared in Page 3 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals behalf of the applicant. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:20 p.m. Appl. No. 4765 - FRANK FIELD REALTY. The Chairman introduced the hearing. The applicant's attorney had not arrived at this point in time, and the Chairman offered a motion to recess the hearing for approximately 20 minutes. The motion was seconded by Member Homing and duly adopted (4-0). The Board then proceeded to the next hearing. DELI BERATIONS: 7:23 p.m. Appl. No. 4749 - LESLIE WINDISCH. The Board briefly deliberated the information received in the record, and decided to wait until after the hearings before proceeding further. DELIBERATIONS/DECISION: 7:23 p.m. Appl. No. 4749 - EDWARD WETZEL. The Board deliberated and rendered a favorable decision. See original filed with the Town Clerk's Office. A copy is also attached as though fully written in this set of Minutes. PUBLIC HEARINGS, continued: 7:29 - 7:48 p.m. Appl. No. 4765 - FRANK FIELD REALTY. Motion was made by Member Collins, seconded by Chairman Goehdnger, and duly carried, to open the hearing regarding applicant's requests. Applicant proposes to locate a new dwelling in addition to other dwellings on this 22,526+- sq. ft. lot, applicant requests Variances from the Zoning Ordinance: (1) under Article Ill-A, Section 100-30A, to add another dwelling on this 22,526+- sq. ft. parcel; (2) under Article Ill-A, Section 100-30A, to remove pdor ZBA Conditions set forth in Appeal No. 3303 issued February 14, 1985 which restricts the property from adding another dwelling; and (3) under Article IliA, Section 100- 30A.2(1), based upon the Building Department's August 27, 1999 Notice of Disapproval which reads as follows: "Proposed construction of single-family dwelling not permitted pursuant to Article IliA, Section 100-30A(1) which allows one-family detached dwellings, not to exceed one dwelling on each lot. Proposed project is located on a lot that has an existing one-family dwelling and a separate two-family dwelling (per ZBA ~3303). In addition, proposed structure has front yard setback of 22 feet and a side yard of 13 feet, lot is nonconforming (22,524+- sq. ft.). Article XXIV, Section 100-244B page 4 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals requires a 40 feet minimum front yard setback and a fifteen ft. minimum side yard setback." The setbacks proposed for an additional dwelling on this 22,524 sq. ft. lot are less than 25 feet for both sides, and one side yard at less than 15 feet. (This notice is based on the original application filed with the Building Department and Disapproved August 27, 1999 and does not include a request for a future minor subdivision or set-off division.) Location of Property: Linnet Street and Brown Street, Greenport Driving Park Lots 26 and 28, 59, and 60; County Parcel No. 1000-48-3-20.1. Gary Flanner Olsen, Esq. spoke in favor of the application. Also speaking in support of the application were Bob Adipietro for the Kiwanis Club, Jack Desmunde, David DeFriest, Richard Vandeburg, and Club President, Scott Russell. Speaking in opposition were neighbors: John Dinizio, Paul Dinizio, John Dinizio, Jr. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing for approximately 20 minutes SHORT BREAK: A short break was taken from 7:48 to 7:55 p.m. RESOLUTION/CONTINUATION OF HEARINGS: Motion was made by Chairman Goehringer, seconded by Member Homing, and duly carried, to reconvene the meeting. This Resolution was duly adopted (4-0). PUBLIC HEARINGS, continued: 7:55 - 8:22 p.m. Appl. No. 4765 - FRANK FIELD REALTY. The hearing reconvened. After receiving additional testimony, motion was offered by Chairman Goehdnger, seconded by Member Dinizio, to RECESS the hearing until the next Regular Meeting, to wit, January 13, 2000. This Resolution was duly adopted (4-0). 8:23 p.m. Appl. No. 4761 - RICHARD POGGI. (Hearing continued from November 18, 1999 regarding lot coverage and setback variances only.) Patricia C. Moore, Esq., Architect Robert Brown, and Mr. Poggi spoke in behalf of the application. Speaking in opposition was neighbor Peter Deutsch; also see signed Petitions from residents in opposition submitted at the hearing by Mr. Deutsch. (For details and statements, please see written verbatim transcript of hearing prepared separately.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carded, to close the hearing, pending deliberations. This Resolution was duly adopted (4-0). Page 5 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals 9:35 p.m. Appl. No. 4771 - LEWIS EDSON (MARY KIRSCH, Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's November 8, 1999 Notice of Disapproval for a permit to locate dwelling with a setback at less than 50 feet from a private right-of-way shown along the east side of the property. Location of Property: 9720 Main Bayview Road, Southold, NY; Parcel No. 1000-87-5-24. Patricia Moore, Esq. spoke in behalf of Mrs. Mary Kirsch, who was present with Ms. Bertolini, Architectural Designer, and Mr. Kirsch. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carded, to close (conclude) the headng, pending deliberations. This Resolution was duly adopted (4-0). Please see wdtten verbatim transcript of hearing prepared separately. 9:40 p.m. Appl. No. 4763 - JOHN AND MARY ANNE LUCEY (Mary Santacroce, Contract Vendee). This is a request for a Waiver of Lot Merger under Section 100-26, based upon issuance of a Notice of Disapproval by the Building Department in applicant's request to build a dwelling on a substandard lot, for the following reasons: A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983., Subject lot is nonconforming and held in common ownership with adjacent lot SCTM #1000-139-3-4.1 and 3.1. Location of Property: 2850 Wickham Avenue, Mattituck, NY; County Parcel No. 1000-139-3-6.1 consisting of 30,000+- sq. ft.; Mattituck Heights Subdivision Lot Ref. 17, 18 and 19. Harvey A. Amoff, Esq. appeared with the applicant-contract vendee, Mary Santacroce. After receiving verbatim testimony, motion was offered by Chairman Goehdnger, seconded by Member Homing, and duly carried, to close (conclude) the headng, pending deliberations. This Resolution was duly adopted (4-0). Please see wdtten verbatim transcript of hearing prepared separately. PUBLIC HEARINGS, continued: 9:46 p.m. Appl. No. 4626 and 4662 - FAITH REFORM BAPTIST CHURCH (Peter Jacques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of persons for worship in meeting hall and office" and has applied for: (A) A Special Exception under Article IX, Section 100-91B(6) and/or Interpretation under Article IX, Section 100-91A(12) Permitted Uses with regard to use as an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building Department's Notice of Disapproval which states that the application for permit to Page 6 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals occupy part of an existing building as a house or ship is disapproved on the following grounds: "(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In the HB District 20,000 sq. ff. is required for each use, Article IX, Section 100-92. This lot is approximately 21,500 sq. ft. and is occupied by one tenant at this time, see attached site plan." Location of Property: 13000 Main Road, Mattituck, NY; County Parcel No. 1000-114-11-12. Patricia Moore, Esq. appeared with Rev. Chds Hatton. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carded, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). Please see wdtten verbatim transcript of headng prepared separately. PUBLIC HEARINGS, continued: 10:00 p.m. Appl. No. 4764 - LOCKE McLEAN. This is a request for a Vadance under Article XXIV, Section 100-244, based upon the Building Department's March 24, 1999 Notice of Disapproval, and applicant's proposal to relocate and alter single-family dwelling with a front yard variance rear yard setback at less than forty-five feet. Location of Property: Odentai Avenue, Fishers Island, NY; County Parcel No. 1000-10- 10-5. (Please note: Map was amended about 9/99 eliminating need for front yard variance and removing front patio.) Richard F. Lark, Esq. appeared with Mrs. McLean in regarding their application. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carded, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). Please see written verbatim transcript of hearing prepared separately. 10:08 p.m. Appl. No. 4774 - D. CLAEYS BAHRENBURG. Applicant is requesting a Variance under Article III, Section 100-30A.3, based upon the Building Department's November 16, 1999 Notice of Disapproval for an as-built raised patio around swimming pool, and with new construction reduces the existing lot coverage from 5,173 sq. ft. to 5,116 sq. ft. (23.6%, or 780 sf. over the allowable). Location of Property: 300 Private Road #14, Orient, NY; County Parcel No. 1000-24-2-20. Bruce Anderson, President of Suffolk Environmental Consulting, Inc. appeared in behalf of the applicant. Also present were the Architect/Gordon Pdce, and Builder/Bob Sorenson, Mrs. Geri Woodhouse for the Orient Historical Preservation Association, and neighbor Peter Deutsch, all in support of the application. Mr. Anderson submitted letters in support of this application from Linton Duell (neighboring property owner) and Charlotte Hanson, President of the Oysterponds Historical Society. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carded, to close page 7 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0).. (For details and statements, please see verbatim transcript prepared separately.) End of hearings. III. DELIBERATIONS/DECISIONS, continued: Deliberations/Decision carried from last meetin~l's a,qenda: Appl. No. 4749 - Leslie Windisch. A decision was rendered re-affirming Pre-Certificate of Occupancy (attached and incorporated herein). (See Original determination filed with the Town Clerk). Appl. No. 4755 - Edward Wetzel. A decision was rendered favorably (attached and incorporated herein). (See Original determination filed with Town Clerk). Deliberations/Decisions from toni,qht's headn.q list (See Original determinations filed with the Town Clerk; copies of which are incorporated herein): Approved: Appl. No. 4768 - G. Kalogeras Appl. No. 4770 - J. Riley Appl. No. 4773 - M. and J. Schondebare Appl. No. 4769- D. Morris Appl. No. 4774 - D. Bahrenburg Appl. No. 4764 - L. McLean Appl. No. 4771 - L. Edson Appl. No. 4763 - J. and M. Lucey Interpretation: Appl. No. 4626 and 4662 - Faith Reform Denial with Grant of Alternative Relief Appl. No 4761 - R. Poggi IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES: A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by ?~a~e 8 - Minutes ~Regular Meeting held December 14, 1999 ~' So~thold Town Board of Appeals Member Dinizio, and duly carried, to approve the Minutes of the December 1, 1999 Meeting. This Resolution was duly adopted (4-0). B. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to calendar new applications for Thurs., January 13, 2000 regarding Applications, when accepted-in complete form by the ZBA Office and Chairman, and authorizing advertising before the deadline provided by New York Town Law under Appl. No. 4775 through No. 4779. V. EXECUTIVE SESSION (none held). There being no other business propedy coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 11:45 p.m. Respectfully submitted, ~ih'da Kowalski, Clerk Board of Appeals 12/29/99 -1- ~' .. ..'. . . APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 1197: Lora S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-180S BOARD OF APPEALS - TOWN OF SOUTHOLD - FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4768 -GEORGEKALOGERAS 1000-99-1-8.1 STREET & LOCATION: .900 Sound Beach Drive, Mattituck DATE OF PUBLIC HEARING: December 14,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 36,911.77 sq. ft. in total area, with 125.28 ft. frontage along the Long Island Sound, 127.79 ft. along Sound Beach.Drive, and depth of 290.69 feet (west side). The property consists of Lots 48, 47 and part of 46 shovvnon the Map of Captain Kidd Estates filed January 19, 1949 with the SuffolkGounty Clerk.. The property is improved with a one-story frame house and accessory garage attached by a breezeway, alias shown on. the May 29, 1998 survey prepared, by JosephA Ingegno, LS. BASIS OF APPLICAtION:E~uilding Inspector's October 26, 1999 Notice of Disapproval regarding Secti()n 100-244B. Applicant has applied for a building permit to enclose the breezevvay,a9qing theg<;lrage as part of the principal dwelling unit . The reason given for the disapproval W<;lS~tiitthe side yard setback of the garage is less than the code requirementfora principal bl,lilding. (The code requirement is 15 and 20 feet, for a total of 35 feat for both sides). AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization to enclose the breezewaY"whichwiU result in the garage being part of the principal structure wi.th a sideyard setback of 14 feet while the Code requires 15 feet on ona side and 33.9 feet for both sides. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wishes to convert his existing garage to living space and to make it part of the house by enclosing the connecting breezeway. The existing 14-fO()t yard between the garage and the easterly lot line satisfies the setback requirement for an accessory garage but not the 15-foot minimum side yard setback for principal structures. Thus, applicant needs a variance in prder to make the garage a part of the house. (2) The house, bree~ewaY and garage have been in existence for may, years. The proposed.projact does not change their loqation and size, nor does it change the existing setbacks. For these reasons, grant of the requested variance will not produce Page 2- DeceJJ1ber 14, 199~ Re: G. Kaiogeras 1OOO-99-1~8J Southo1d Town Board of A~' . - - an undesirable change in the Gl1art:iGter Qfthe neighborhood or detriment to nearby properties; (3) There .is no evi(jepce th~t~rant of the requested variance will have an adverse effect or impact onpl1ysiq.llgr:envir,(:>nmemtal conditions. (4) Grant of the request~d~Wi~nce is. the minimum necessary and adequate to enable applicant to enjoy. thtiben~fit'QLexpanded living space while preserving. and protecting the character oftl1e llf4igh8PtDOQd and the health, safety and welfare of the community, On mbtiqn py Men1per Collins, seconded by Memb.er Horning, RESOLVED,to GRANtthevarianc~~s ~ppHe(j fOf; VOTE OF THE BOARD: AYES'<?Benringer,Dinizio, Collins, Horning. (Absent was: Membertortora) This. ReSQlutionY~r9~IY~~~a ,~ '" . ~...... ,,""'<,cc 7~.7 '/ :r.... GERARDR,GOEBR\NGo/ v.. .'. CHAIRMAN Jila~e 2 - December14, 1999 AppLNo. 4771- Lewis Edson (Kirsph) 1000-87-5-24 at Southold - . property will be such that, viewed frQm Mi,tin Bayview Road, it will have ample yards on both the east and west sides. (3). The environmental implicatiClll~of the house location have been reviewed by both the Department ofEnvironmelltal C3onserva.tion and the Town Trustees. . APPEALS BOARD MEMBERS p-.,,.-.., Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 LydiaA Tortora Southold, New York 11971 Lara S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS - . TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4771- LEWIS EDSON. Owner (Mary Kirsch, Contract Vendee) STREET & LOCATION: 9720 Main Bayview Road, Southold 1000-87-5-24 DATE OF PUBLIC HEARING: December 14,1999 FINDINGS OF FACT PROPERTY FACTS: The applicant's property is vacant and consists of 54,301 sq. ft. with 135 ft. lot width along Main Bayview Road and lot depth of 450 feet. The June 9, 1999 survey also shows a 20' right-of-way at the rear of the property leading to Corey Creek. The lot is zoned Residential. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval dated. November 8, 1999, stating that the proposed 30-foot setback of the house from the right of way on the east side is less than the50~foot front yard required by Code Section 100-244(B). AREA VARIANCE RELIEF REOUESTED: Applicant requests a variance authorizing location ofa house as proposed in the application, at 30 feet from the right of way along the east sideofthe property; the. setbacks from the westerly lot line (20 feet), and from Main Bayview Road and the rear lot line, satisfy the Code. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following fmdings: . (1) The location of the proposed house is constrained by the presence of wetlap.ds. . The 20-foot right-of-way along the east side of the property reduces the effectlivewidthofthe property to about 100 feet in the area in which the house is to be located. Compliance with the 50-foot setback requirement from the right-of-way, and with the minimum 20-foot side yard requirement on the west side, would leave little lot widtll for the house. Thus, in ,~~der to build a house of reasonable size and shape, applicant requires a setpl:i<::k Yarial1~; ,.....,. (2) Grant oft~~ request~YlU'~ce will not produce an undesirable change.in the charapter of theneighbof;hood or;detrinientto nearby properties because the requested 30.. fo()t.~etback is. from.a lig~tly usc;tlprivate. right-of-way. The position of the house on the ,-."~'..,...,_.,.;,.~.,,,'.._;., ,_',; ,- , i';'v"",,""";;'''_~'.'ifi''''' ." o,._....~, ""'-~~-'-'-_-------r---~"'-'-__ - ~~--------_...-.- Page 2. - December 14, 1999 APl~l.No. 4771- Lewis Edson lOOO~87-5-24 at Southold ~ . property will be such that, viewed fhltn tyfa.in .aayviyw Road, it will have ample yards on both the east and west sides. (3). The environmental iIllplications ofthyhc)Use location hayebeen reviewed by bot~ the Department ofEnvironme~tal~cmserv<l.tionand the Town Trustees. (4) Grant of the requested Yarililrqe is the minimum action necessary and adequate to enable applicant to enjoytl:}eb~l1efitof.a house in a feasible and desirable loc;ation while . preserving. and prot~ctill~the character of the neighborhood and the l1ea.Ith,safety and welfare df the commun~ty. . RESOLUTION/ACTION: Onmotiol1" by- Member Collins, seconded by Member Dinizio, it was . . RESOLVEP,to GRANTthevar~ance as applied for. VOTE OF THE BOARP: AYES: Goehringer, Pinizio, Collins and Horning.) Absent was: MeJ11ber Tortora.) This ~eSOlll~ic)ll\Vas.dU.JY~. p.. (4f:;>v/ . 4(>f!;fJi~-~ ..ERAIUJP.GO .ER CIlAIRMAN lml/9 .. ....... ....... Approved for Filing RECEIVEP< .AND . FILED BY THE. SbUTHOLD TO~'jNCLERK D~'fE/WcO-(lprHQUR .1: OPKA1f. ~kti4?~N' i "". .... .c.t ' Of'... ...., ., .. I.".... .-I,ClY{J;l.l.~:r:ji:,.. +<?"\yn .(;l!.. ::;G<lt40~;.t " ,. '. '-,,-J I APPEALS BOARD MEMBERS , SoutholdTown Hall Gerard P. Goehringer, Chairman 53095 Main Road .... James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS - . TOWN OF SOUTIIOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 AppL No. 4769 ... DoualasMorris Str~et& Location: . Private Right-of...Way (#15), extending from S.H. 25 (Main Road), Orient; 1 000-15-9~3.4. DATE OF PUBLIC HEARING: December 14,1999 FINDINGS OF FACT PROPERTY FACTS: Applicant's. property is a 2-acre parcel on a private road off Route 25 in Orient. It is improved with a house, cottage, garage and 50 x 100-foot tennis court in the .~~ rear yard surrounded by a 10-foot black chain link fence. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated October 21, 1999 denying approval for the tennis court fence because Code section 100-231(B) limits the fence height to no more than 6.5 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization for the fence ,. as built, in order that he may obtain a Certificate of Occupancy that includes the fence. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and' personal inspection, the Board makes the following findings: . (it ,Appli$ptobtained ~yi!ping Permit #14691Z, dated March 21, 1986, for constructio);j1;ofthe tenni$~urk T!:;le1Permit does not mention the fence. The tennis court ~",. '.':' ,1,- '-.,' .. ,.' '-'," -,'.. .:', .. ",.. " ...... ~~.. :.;.. ',""-_ ',1 ".'.." -',C',. "';' 'e',,;,. ,,-", " and fence were built but n6Certifieate of Occupancy was issued. (2) The fence is of the sort customarily found at tennis courts. A fence of only 6.5 feet would be inadequate for a ,tennis court, and applicant therefore needs a variance if he is to have a workable tennis court. (3) The tennis court and fence have been in place for 13 years. The fence is made of black ch$inlink and is relatively inconspicuous. The tennis court is at a rear corner of the property and qoes not intru.de on neighbors. For these reasons, grant of the requested varlSlP~ will, rot pr~duce .an~ndesirablechange in the character of the neighborhood' or detr.i~~Dt tOj~~~rI!JY1PJ;()pertie$. I; (4) There is no evidence that grantof the requested variance will have an adverse effect or impact on physical or environmental conditions. eag~ 2.- [)eoe~r 14, 1999 lBf\l\ppkNoA769 - Douglas Morris Paroell000-1~-9--3.4 at Orient - . (5) Grant of the requestedvarian~~is the minimum necessary and adequate to enable applicant to enjoy thebenefitof~tennis court while preserving and protecting the character of the neighborhood andthehe<:ilth, safety and ,^,elf~reofthecommunity. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it I was , RESOLVED, to GRANT the v~rial1cea~ applied .for. VoteoftheBoard: Ayes: Goehringer, Dini;zio, Horning, Collins. This Resolution wl:isdu1y ADOPTED by unanimous (4-0)vote. (Member Tortora was absent.) RECEIVEpANp. F'l:LEt>J3Y THE SOUTHOLD TOWN CLERK DitIE/Jp./9 (1 Ii?uri..1'(Jc;J>ftI ~ tf'~a~~t~H I Town Clerk, Town o~ Southold -" . -...--- I q'APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBA Fax (516)765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD. .. FINDINGS AND DETERMINATIONS REGlJLARMEETINGOF DECEMBER 14, 1999 Appl. No. 4762 and 4626 - Faith Reform Baptist Church, Tenant (Owner: P. Jacques) Parcel: 13000 Main Road, Ml:lttituck 1000-114-11-2 Zone. District: Hamlet Business (HB) Date of Public Hearing: December 14,1999 PROPERTY.FACTSIDESCRIPTION:Applicanfs 21,500+- SQ. FT. parcel is located in Mattituck with 133 f1. frontage along the south side of Main Road (N.Y.S. Route 25) and 150 ft. in depth. The property is improved with two cement block buildings as shown on the survey prepared by Roderick VanTuyl, P.C.dated February 10,1992. BASIS OF APPLlCATIONS:OnAugu~t17, 1998, applicant applied for a building permit to occupy one of the two e)(jstin9buildings em the property as an office and meeting space for worship. The October 14, 1998 Notice of Disapproval cited the following reasons for denial: (1) A house of worship is not a permitted use in the HB District; Article IX, Section 100-91. (2) Insufficient lot size. In the HB District, 20,000 sq. ft. of land is required per use; Article IX, Section 100-92.. At the time of the application to the Building Department, there was another use in the smaller building on the property. (1) Applicant asks.theBoard to agree that the use it is establishing is an Uauditoriumor meeting hall," which is permitted under section 100-91(A)(12). Alternatively, applicant requests a Special Exception authorizing the. use as a "fraternal or social institutional office or meeting hall" under section 100-91 (B)(6), (2) Applicant reql;Jestsanarea variance authorizing establishment of a second use on the property. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wishes to establish a meeting space for worship, and a church office, in an existing commercial building, Exterior a.lterations to the existing building are minimal. (2) At ttletime applicantapplied to the Building Department, the second, smaller building c)n the property w~s uSed for artist'sstoraQe. Testimony was presented at the hearing on December 14, 1999 that the smaller bl.lildingis now unused. Page 2 - AppL No. 4762 and4Q26 " Fai~ ~eforrn Baptist Chun. Jacques (1000T114~11~12) ZBADedsion Rendered 12/14199 RESOLUTION/ACTION:OI"l motion by Member Dinizio, s~condedbY Member Collins, it was RESOLVED: (1) The Use that applicant wishes to~s~blish at thesubj~ct p[opertyis an "auditoriull1 or meeting hall" and is permitted underSectiqn 1qO-Q1(A)(12). (2) Because there is no. use onttle prg~l1>'otl1er than that established by applicant, the Board need not consider the question of a variance to authorize asecond use. VOTE QF TI;lE BOARD:. AYES: '. G()ehringer, Pi8izig. Collins, andl-loming. This Resolution was dulYaqgpte<i (4-0). (Member TortoraVJa~ ~bsent.). '../ ~ . ~-./() ...2: ~ERARD p. GOEHRINGER Gtt,tW~IIIlA~... 12121/99 APProve<i fpr Filing . ".-' APPEALs BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765~1809 BOARD OF APPEALS - TOWN OF SOUTHOLD FI~OlNGS~ DELIBERAtiONS AND DETERMINATION MEETING OF DECEMBER 14,1999 Appl. No. 4761- Richard POQfli STREET & LOCI\TION;1740VillageLane, Orient 1000-24-2-18 DATE OF PUBLIC HEARING: November 18, 1999; December 14,1999 FINDINGS OF FACT PROPERTY FACTSIDESCRIPTI()N: . The applicant's property consists of 4,485 sq. ft. with 43.0 ft. along ViUageLane (Main Street), in Orient. A two-story frame house has been demolished and is being replaced with a 2-story house in the same footprint. There is a accessory garage in the rear yard measuring 12 x 20 feet. -- BASIS OF APPUCAtION:., The Building Inspector's Notice of Disapproval dated September 23, 1999. denied authoriz,ation for a balcony addition to the house, and for a garage expansion, because these<elements would increase lot coverage from the existing 25% to 29.9%. Code section 100-30A.3 limits coverage to 20%. The denial also states that the garage e~pansion violates the3-foot lot line setback requirement of Code Section 100- 30A.4, which refers to Secti,on 100-33(B)(1), and that the house violates the 10-foot side yard setback of Code Section 100-244(B). AREA VARIANCE RELJEF= .RE(.}UESTED:Applicant requests authori:lation to build a new house in thetootprint. pfthedemolished house, with addition of a rear balcony, and to expand the garage widtltby 8.5 feet to 20.5 feet. Existing lot coverage (former house footprint plus .gara!iJe) ,is ~~%. The proposed balcony of 50 sq. ft. adds 1.1% to lot coverage, and the proposed gara!iJ~expansjon of 170 sq. ft. adds 3.8% to coverage. Applicant therefore requests a vl;I.riance authorizing total lot coverage of 29.9%. Applic~l1t'spl~n!i, ~~ow thaUheexisting garage is 2 feet from the rear lot line, and that theexpandedportiPr1:~iU ~lsobe2 feet from the line. Code section 100-242{A) I;I.llows enlargementofa noncQnforming building (i.e., one with nonconforming setbl;l.cks) provided the degree of nonconformance. is not increased. The Board therefore. concludes that no variance is neededfortl'le,2-footsetback of the garage addition from the rear lot line. Applicant hl;l.s obtained a building permit to erect a new house in the footprint of the demolished structure. . RE:,6.~()~S'FOR, ~OARD AqTION. DESCRIBED BELOW: Qntheba!iis ott~!itimony pr~!i~n~~Cl, rna~rial$sybit)Iti:Eidl;l.nd personal inspection, the BOl;I.rd makes the following f1Iil(!lii;lg~] . "J' Page 2-December 14,19Q9 r ZBAAppJ;No..4761- R. Poggi " Parcel'100Q-24-1-18at Orient - (1) Village.Lane was. built up ill the1$thand 19th centuries, The lots are small and . many have high percentages of lot coverageglilnlilrally asa result of construction which occurred long before the adoption of a zoning law in Southold Town. (2) Applicant purchased a propeny op which coverage, at2~0;0,isalready high. Because the lot is one ofthesmaUestin the neighborhood, 2~%coverage results in a significantly crowded appearance. (In this connection, the Board notes that members were able to view the propeny before the fprm~rhou~lilwasdemolished.) (3)Applicant has creatrd his cUrrent difficulty by proposing an expansipn. Even though coverage JsalreadYlit 25'ro,Code section100"242(~l V{ould allow repair and renovation. of the ,~t~ctures ,so long a~.the d~~~ of nonconformance (i.e., excess coverage) was not increased; hOy,teYlilrj ~Ily>e:l(pal"l~ion require~.a varilmce. (4) The!requested varial"l.celillo,^,ing29~9%cov~rage is substantial" in terms both of the inc~aseinthe c~veragepereEinta.geandofthe propo~edactual amount of coverage. OO.,a 'foWn-wipe basi~,theBQlird .hasbl:l~llg~m~ra.I.lyreh.l~ta/'ltto authorize Ipt coverage much abqve 2~%.ln,pr~viou~ .ca.~es . where applicants onYUiaglil Lal1~ha~ soughtto increa~eliJtc()V'erage,thlilhighl:l$tcoveragl:l perclilntage the Board hasauthorize~ is 260;0. (5). Grant of the relief set forthb~lowwiIlena.bleapplicantto mak:esolf1ecba.nglils in the house and garage. The relief will not produce an undesirable change in the ,character of the neighborhood .or d,etrimert tOI"ll:larbY.. propertil:l~. b~cause t~e resultingincreli~e in c,overa.g,e.!,iIlbe very Iill)it~d'lii1Q ~l:lclilJ~tl]~.~p~li~ant'~projeC1US expected to Improve the ap~~ra.nC~ioft~ePfop~rty, .~ot~ ~n~fitof ~h~,,,~ighbo'"'i'oofJ. (6).Thr~isno ~~i(jericetnafgrantqft~l"l:ll~f set forth. beloYl.Will have allad"erse effect or impact onpt\.Y$ical oi~nvirQnme/'lta.1 c(>/'ldi~i(m~. . '.' ;'! .:ci ,', ".. "', ......T..', ." ..: '.<., '-,', ..:., I.,:.; ,'" (7)., The action. set forth beloV{isthell'lini.TulTI ne,ce~~aryand a(fequ~~l:l to. ena.ble apPUclint t() enjoy thebenefrt.ofa new house andrenovatedacces$ory g~tage 9? his <..: ',':.... .. ,.:, :_<_:' >: ,,-c.:.-,-,'" ':;. .'," "'.' ;'..,": .... ".,. ..,x-.,. .: . ''''.:.:.:-.'. ,',: :::..":, :,....::,.,--.... ,......'-..;'.., '.::.,- '.,..,,':..:..,-...;....:<...'1 property.'^'>>il~.Pr~t;~rvinf:llil"l(f:pr()~lilPti~gth~c~~r~~lilr Oftl]~ ne\f:lhboltlo()d~n~. thrhe~lth, safetyandwelf~~of thecom01,.lnity.' . . . RESOLUTION/ACTION: On. motion bY-Chairman G.)ehringe.f, seconded. by Menlber Comns, it was , RESOLVED, to DENY the..vari~mce applied fan and AL TERNA TIVELY to GiAANT . a .v~ria.l1,~. a~.~().ri~i,qg .~()~allot~ov~r~g~rt()tto ~xPeed 27 .0% of the. t()~II()tar:c;!~,:~!.lbjEilpt to the fo~[9~iqg.,~~~I))I~~NS: ......:... ... ... .i / ....I<'F.r . (1) T~renova~d garagj;l sflaUbe an accessory use of the own~ra$~nnitt~dby Code and shall under<no circumstances be used as sleeping or habitable quarters. . Pa~e3.- Pecember14, 1999 y ZBA Appl. No. 4761 - R.. Poggi Parcel 1000-24-1-18 at Orient - (2).. Th~.renovated accessory garage shall.beset I;)ackat leasUwo (2) feet from the rear property line,as set.forth in applicant's architectural drawing dated August 10,1999. (3) .If WOOdworking facilities, acqessory to the owner's residence on the property,are installed in the . renovated garage as applicant has. stated Will be done, the garage Shall be insulated ina manner that protects the neighborhood from excessive workshop noise. (4) The height of the renovated garage shal.1 corn ply with the requirements of the Code in the manner set forth in the letter of November 30, 1999frorn applicant's attorney. Vote of the .Board:Ayes:GOehringer, Horning, and Collins. Nay: Member Oini:zio. This Resolution was duly ADOPTED (3-1). (Member Tortora was absent.) * * ySZQ2 .. ~~</ l. cr. Approved '. APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 '1 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS - TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 AppL No. 4770 . JAMES RILEY 1000.111-5.12 STREET & LOCATION:. .3600 Vanston RO;ad, Cutchogue DATE OF PUBLIC HEARING: December 14,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicanfs property consists of 3.22+. acres with frontage on three sides by rights.of.way at the end of Lowland Road and at the west side of Vans ton Road, Nassau Point, in Cutchogue. The property is improved with a dwelling, accessory garage and outbuilding. . BASIS OF APPLICATION: Building Inspector's September 7,1999and Amended Disapproval dated December 6, 1999 with respect to Section 100.33C, because the tennis court is proposed. at less than 50 feet from one of the multiple front property lines, and a proposed height for the tennis. court fence enclosure exceeding the four ft. height limitation under Section 100.231.A. AREA. VARIANCE RELIEF REqUESTED: By application for a buildiqg permit dated June21, 1999, applicelntis proposing a 60' x 120' tennis court with fence enclosure at 20 feet from the southerly front property lines at the closest points. The remaining front yard Setback complies with a setback greater than the minimum.requirement of 50 feet (78+- feet). The hl;light of the fence enclosure for the tennis court is proposed at a maximum of 12 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the 13pard 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 because the shape and topography of the land, being long and narrow and heavily wooded. These are factors that enters into the characteristics of the premises. The 12/99 landscaping plan prepared by Creative Design (submitted at the December 14, 1999 hearing) provides additional screening that reduces visual impact from the road(s). 2. The benefit sought by applicant cannot be achi.eved by some method, feasible for appellant to pursue, other. than an area variance because accessory buildings and struqt\,lres are permitted in the front yard areas of waterfront parcels. Due to the topography of the land, the front yard location selected by applicant is the only area -~----_.._.- ~_._-"._~._-~._."-_..._._-_.- -...--- Page 2." Decem"er 14,1999 Re:J.Ri1ey 1000-111-5-12at Cutch()gtle SouthoI(iTown Board of Appeals - where the structure can be built. 3. The requested area variance is not substantial. 4. There is no evidence that grant qf the variance will have an adverse . effect or impact on the physical or environmental conditions in the neighbPrhood qr district. 5. The alleged difficulty has not been self-created. In consiqeringt.his. application, th~ Board de~ms this action to be the minimum necessary an<:iad~quate toemibl13th~ applicant to enjoy the ben~fit of a.tennis court with. fence enclosur13., ~hile preservipg and protecting the. character of the h~ighborhood and the health, safety, and welfar~ of the community. RESOLUTION/ACTION: On motion by Member Dinizio, s€lcpnded by Member Homing, it was RESOLVED,. tq GRANT the variances as applied fo(andSUBJECT TO THE FOLLOWING CONDITIONS: 1. No lighting (as propos~q). 2. Water runoff shall notimpact neiQht>oring properties. 3. Height limit of the proposed tennis court fencing at 12 feet (as proposed): VOTE OF THE BOARD: AYES: GO€lhringer, Diniz.io, CoHins,t;ioming. (l\IIemb13r Tortora wasabs~nt.) /~Z/.AB /. .... V (7. ~ t:;,*R.AfIDPGQl'H,,'~~E~i · /' CHAIRMAN' 12/22/99 For Filing on 12/23/99 AP~EALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9o,p4 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION RI;GULAR MEET1NGOFDEOEMBER14, 1999 AppL No. 4774 -. D. CLAEYS BAHRENBURG 1000-24-2-20 STREET & LOCALITY: 300 Private Road #14 (a/k/a Bay Lane), Orient DATE OF PUBLIC HEARING: December 14{ 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is 21,680sq. ftin'area with 77.44 ft. frontage along Orient Harbor. The depth of the property is 251 ft. at the north side and 230.84 ft. at the south side, and is accessible by Bay Lane (Private Road #14) off the west side of Village Lane. This lot was the subject of a September 30, 1971 variance filed by the predecessors in title (Burden), separated this parcel from the adjoining southerly property (now of William Bahrenburg). BASIS OF APPLICATION: . Building Inspector's November 16, 1999 Notice of Disapproval based on ArticleXXIV, Section 100-244 and applicant's request for a building permit to construct second- story addition (and deck addition) to an existing single-family dwelling. The reasons stated in the Notice of Disapproval are: (a) the lot coverage is 5, 173 sq. ft., or 837 sq. ft. over the allowable 4,336 sq. ft" and. (b) the addition as proposed indicates a reduction of the tptalcoverage from 5,173 sq.ft. to 5,116 sq. ft., at 23.60%, which wOl.lld be 780 sq. ft. overto allowable 4,336 sq; ft. AREA VARIANCE RELIEF REQUESTED: Applicant has applied for a building permit to construct additions (second-storyadditionClnd new deck) to existing dwelling as shown on the survey prepared . November 4, .1998,..updated November 16, 1999 by John C. Ehlers, L.S. All new construction is shown on the November 16, 1009 survey to be within the same lines (footprint) of the existing dwelling. For the record, a building permit(#20633, replacing #14751) was issued for "swimming pool, fence and deck" on May 18,1992. A building permit (#21631) was issued for an addition to the dwelling, deck and alterations September 1 ,1993. A building permit (#1406SZ, 6/19/85) and September 12, 1990 Certificate of Occupancy (#19356-Z) was issued for a deck addition. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Sased on the testimony and record before the Board, and personal inspection, the Board makes the.following findings: 1. Applicant's construction will not produce an undesirable change in the character of the neighborhOOd or a detrimentto nearby properties because the footprint of the dwelling is not being changed. 2..1heberwfifsough\bYctppli.cant cannot be acnieved by some'method,Jeasible for appellantto pursue,.otherthan ctnarea variance. The applicant seeks to continue with the same footprint, with pool and patio areas as existed for quite some time. ---.,+---.-.,-- ~~T' f'Page2- December 14,1999 APpL~Q, 4774. QlaeysBahrenburg (1000-;24-2-20) Southold Town Board of Appeals 3. The requested area variance IS notan increase in lot coverage with new construction proposed in the same footprint, and is not substantial overall. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or .district beca\.lse there will be only one single family dwelling on this parcel and there are no wetlands or other significant environmental features on the property that will be adversely affected by the proposed reconstruction, alterations and addition. 5. The.difficultyis not self~created. In considering this application, the Board deems this action to be the minimum necessary. and adeq\.late to preserve and protect the .characterofthe neighborhood, and the health, ~afety,and welfare of the community. . . RESOLUTIONI ACTION: On motion by Member Dinizio, seconded by Member Horning,. it was RI;SOL VED, to GRANT the variance,ias applied .fQr. (Member I At'PEALs BOARD MEMBERS Southold TownHaH Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 LydiaA. Tortora Southold, Ne\V York 11971 LoraS. Collins ZBAFa.x(516)7(j5-9064 ~. George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FIN9INGS,DEUBERA TIONSAND.DETERMINATION ADOPTED AT REGULAR MEETING OF DECEMBER 14, 1998 AppL No.4773 - MARGUERITE & JAMES SCHONDEBARE STREET & LOCALITY: 14560 Soundview Aven\.le, Southold 1000-50-6-2 DATE OF PUBLIC HEARING: December 14,1999 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-31B, subsections 14a-d of theSouthold Town Zoning Code (amended 2-7-95). Applicant- owners are.reqjJestingan Acce~sqry Bed and Breakfast, in their residence, with up to three (3) bedrooms for lodging and serving of breakfa~t to not more than four (4) casual, transient roomers. PROPERTY DESCRIPTION: The applicants' property is shown on the "Map of Northwood Estates atSouthold" as Lot No.2, Filedfl(1ap No. 5675. The lot contains 40,000 sq. ft. of land area and is situated along the south side of Soundview Avenue, Southold, with 181.78 ft. road frontage and average depth of 224 feet-The parcel is improved with a single-family, two-story dwelling, for which Certificate of Occupancy No. Z6186 was issued October29, 1974. REASONS FOR BOARD ACTION. DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. ~ 2) The ~pecial Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety,. health, welfare, comfort, convenience, order of the town would be adversely affected. 5) This ;!oning use is authorized by the Zoning Code subject to a Special Exception review and approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector for the building alterations, as deemed necessary, and Bed and Breakfast Use; 6) No adverse conditions were found after considering items listed under Section 100-263 and 100- 264 of the Zoning Code. BOARD ACTION/RESOLUTION.:On motion by Member Dinizio, seconded by Member Horning, it was - -----._--------- page~- AppL No. 4773 (Sqhondebare) 'Re:. A~ssoryBa.BHse1100o-50-6-2 ZBAMeetingofDecember14,1999 RESO!-.VED. to GRANT the application fOfaoAceessory Bed and Breakfast Use as described abov~)\ SUBJECl' TO THE FOLLOWING CONDITIONS.: \, 1) Two (2) parking spaces, for this bed and breakfast use, shall be on-site (on applicant's property). ! 2) There shall be no backing out of vehicles onto Soundview Avenue. 3) Th~~eshallbecompliance at all times with the zoning Cbde,and other laws and regulations applicable to this use. 4) Applicant-Owners shall obtain a Certificate from the Building Department for occupancy of the new Accessory Bed and Breakfast in their residence. 5) Limited to three bedrooms maximum for B & B lodging as provided by the zoning ordinance. VOTE OF THE BOARD: Ayes: Goehringer, Diniz.io, Collins, and Horning. (Member Tortqra was absent) This Resolution was dulyadopt~ (4-0). i .~-:..~ /7 ./' 4 .,. / /.. / //i'_~;;; c~ , _ _ - /'J~ ~/ .c=:GERARD P. GOEI-lRINGER CHAIRMAN Approved for tiling .~ . · APPEALs BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dihizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 LoraS. Collins ZBA Fax (516) 765-9(J64 ...' George Horning Telephone (516) 765.1809 BOARD OF APPEALS TOWN OF SOUmOLD . FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF DECEMBER 14/ 1999 App!. No. 4763 - JOHN AND MARY LUCEY , PROPERTY LOCATION: 2850 Wickham Avenue, Mattituck 1000~139-3-6,l and 3.1 DATE OF PUBUC HEARING: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a vacant lot conSisting oHots 17, . 18 and 19 on the Amended Map of Mattituck Heights File No. 1184, and containing 30/000 sq. ft. of land area as shown ona June 30, 1999 survey prepared by Joseph A. Ingegno, L.S. This lot adjoinS other lands to the north referred to as CTM Lot 4.1 and 3.1 (shown as part of Mattituck Heights Lot No. 16), from which this Waiver of Merger is requested. BASIS OF. APPEAL: Building Inspector's September 10, 1Q99 Notice of Disapproval which states that the "Subject lot is nonconforming and held in common ownership with adjacent lot CTM . # 1000- 139-3-4.1 and 3.1n and that pursuant to Article II, Section 100-25A, a merger resulted. \. RELIEFR.EQUESTED BY APPLICANT: The request made by applicants is for a Lot Waiver with respect to 2850 WiCkharn,A,venue, Mattituck,County Tax Map Lot 1000-139-3-6.1, as confirmed for Lots 17,18 and 19 (combined)shown on the former Amended Map of Mattituck Heights and current deed dated March 18,1999 (and former deed dated March 1, 1943.) . With respect to the. Mattituck Heights Subdivision, the lots in this area were recognized up until the late '80s, however, the lo~ were not plaCed in single and separate ownership since 1983 to avoid a merger under Section 100~24and 100-25. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: ,. 1. The applicant purchased the subject lots by separate deeds dating back to 1944 and 1928. 2. Applicant's attorney discussed lot sizes in the neighborhood. The Zoning Board of Appeals has carefully r~viewedall documentation and evidence and finds that most ofthe lots are smaller in size thantheappliGSnt's .58-acre combined SlJbdivision Lots 17, 18 and 19 on the Amended Map of Mattituck I"f~ights. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public 1 --^- --_..,,-~-------..~..~,- ,--~---",~-_. P~e 2 - Depember 14; 1999 . A,ppl. No. 4763 - John an4 MaryAnne Lucey B,oard.qftWPe;Il~ (1000-1$9-3-6.1 and. 3.1) . hearing and other evidence, the Board finds the following facts to be true and relevant: 1. The waiver will allow for construction of an additional single-family residence, which will. not' . ~. result ina significant increaSE!>inthe density ofthe neighborhood. 2. The two lots were created by subdivi$ion. The waiver will recognize a lot that is consistent with the size of lots in the Mattituck Heights subdivision neighborhOod. Most of the subdivision is developed with single-family residences on lots similar to, orsmallerthan, this parcel. 3. No. environmental conditions on the lot or nearby area. have been identified that would be negatively impacted by grant of this waiver. Thecnatural details and character of the lots will. not be substantially altered nor will there be significant filling of the land affecting nearby environmental areas or flood prone lands. R.ESOLUTION: On moijon by MemberDinizio, seconded by .Mernber Horning, it was RESOLVED, to GRANT the WaIver, as applied for. VOTE OF. THE > BOARD: Ayes: Goehringer, Dinizio,. Horning, Cpllins. This gesolution was duly ADOPTED~'f\-O). (Member Tortora wasabsent.). GERARD P. GQEHRlNGER, CHAl Approved for Filing ,~ ,., APPEALS BOARD MEMBERS Southold Town Hall Gerard P.. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971, Lora S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, qEUBERATIONSA.ND DETERMINATION . MEE11NG OF DECEMBER 14, 1QQQ Appl. No. 4764 - LOCKE McLEAN STREET & LOCATION: Oriental Avenue, Fishers Island DATE OF PUBUC HEARING: Dec;ember 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: .. The applicanfs lot is 1.4+- acre in size with frontage along tt1reE! streets: Oriental :Avenue, The Gloaming, and Montauk Avenue. The lot is improved with a single-family dwelling (to be relocated herein) and an accessory garage. BASIS OF APPLICATION: Building Inspector's March 24, 1999 Notice of Disapproval based on Article XX, Section 100-244 of the Zoning Code and applicant's request to relocate the existing dwelling and construct an addition.. The reasons stated in the Notice of Disapproval are: (a) the propo5e(j front yard from Montauk Avenue is approximately forty-five (45) feet instead of the required fifty-five (55) feet; with the October 14, 1999 construction plans showing the proposed patio will be raised above natural grade on fill; and ;1 (b) the. proposed rear yard setback is thirty-five (34) feet instead of the required seventy- five (75) feet. AREA. VARIANCE RELIEF REQUESTED: Applicant requests a Variance in this relocation of an existing dwelling, with. a .proposed rear yard setback at .thirty-four (34) feet. Also, the map submitted initially to the building department had a patio proposed at 45 feet for a front yard setback at its dosest point. On December 14, 1999, a modified plan was submitted to the Board showing removal of the entire patio and conformity for all front yard lines from the proposed dwelling. REASONS FOR BOARD ArnON. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Moving of this single-family to another location on the applicant's R-SD Residential parcel will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the one neighboring house is also located on the highest elevation within its own parcel, and is a conSiderable distance from the proposed location of the dwelling. 2. Thebenefitsq~ght ~y appliCCll1t cannot be achieved by some method, feasible for appellant to pursue other than an are(l variance. The applicant seeks to relocate an existing single-family residence to another location on the same parcel. The proposed relocation site is 165+- feet from the Town right-of-waycaUed Oriental Avenue, where the existing building is set back 31 feet. This change is explained by the applicant --~ Page2-lJecember 14,1999 Z~A ffiplV NO. 4764 -LoQ<e McLean patce/ 1000-10-10-5 at Fishers lsland as being necessary to create ~..Iarger buffer between the house and. Hay Harbor Golf Course immediately across the street, also onOrientallwenue. Theapplicantwants to retain a southwesterly view of the Sound by moving the building away from the ~ound and locating it on higher elevation than where it now exists. Because of the irregular shape of .the property .and. the fact that the property contai.ns three frOnt yards, an area variance is necessary for the applicant to proceed with this plan. 3. The requested area variance is substantial. The proposed rear yard (34 feet) is an approximate 55% reduction from the R-80 Code requirement of 75 feet. However, the applicant's difficulty in locating a conforming rear yard is greatly exacerbated by the eXistence of three front yards and no side yard. 4. There is no evidence that grant of the variance willhaye an adverse eff'ect Or. impact On the physical or environmental conditions in. the neighbol"hood or district because there will be only one single-family dwelling on this parcel and there are no wetlands or other significantenvirc;mmental features on the property that will be adversely affected by the proposed dwelling. re-Iocation. 5.. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the ~pplic:ants to enjoy thebenefjtofa l1ew loc;ation for a dwelling, . while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOUJfION/ACTION: On motion by Member Horning,~onded by 'Member Dinizio, it was RESOLVED, to' GRANT the variance,. as applledfor. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Collins (MemlJerTOi:!:o This Resolution was duly adopted (4-0). / ~-- / - "<--. GEAARDP. GOEHRIN<5 CHAIRMAN, Approved for Filing APPEALs BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBAFax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF bECEMBER 14,1999 Appl. No. 4755 - EDWARD WETZEL STREET &.LO~ATION: . 30 Second Street, New Suffolk 1000-117-10-20.4 DATE OF PUBLIC HEARING: October'14, 1999; November 18,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 5,450 sq. ft. in area with 100 ft frontlige along the west side of Second Street,. New Suffolk. The property is improved with -, a on~story cottage as shown on .the survey map prepared by Peconic Surveyors, P.C. and updated March 18, 1999. BASIS OF APPLICATION:. Building Inspector's Augu:t 25, 1999 Notice of Disapproval which states that the application for a building permit to "construct a 2nd story addition and porch addition" encroaches on the rear yard setbaCk. Under Article XXIV, Section 100-244 nonconforming lots require thirty-five (35) feet for a rear yard setback and lot coverage is limited to 20%. AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 6,1999, applicant is requesting a second story addition and porch addition which reduces the rear yard setback from 30 feet to 23+- feet, and increases lot coverage to 31+- sq. ft. over the 20% limitation. Applicant is also requesting that the Board rescind Conditions under former Appl. No. 1597 which restrict the property to seasonal use as a cottage. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The percentage of lot coverage requested will not negatively impact the surrounding properties b~cause it is a balance between the necessary part of the maintenance and enjoyment by applicants <:>f their property .and the general community which is a seasonal community. 2. Since the lot in question is significantly substandard, any specifiC alteration of seasonal dwelling would require a variance. 3. The area variance is not substantial and the Board concurs that regular maintenance and updating of the seasonal dwelling would require a minimum variance as applied for (lot coveraQe for porch and roof alteration-exoansion/second-storv addition). 4. . Since. the total area. around said parcel contains all substandard lots and applicant. is not " expanding .toward communityre~ort .area, there will be no adverse effect to physical or environmental conditions of the neighborhood. 5. In considering this application, the Board deems this action to be the minimum necessary and Page 2 - December 14, 1999 . . . ZBA Appl. No. 4749 - Edward Wetzel Parcel 1000-117-10-20.4 adequate to enable the applicants to enjoy the benefit of their 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 Dinizio, seconded by Member Collins, it was RESOLVED. to DENY the applicant's request for removal of the prior conditions rendered by the Board of Appeals; and BE IT FURTHER RESOLVED, to APPROVE the lot coverage variance for a second-story alteration-addition, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Collins and Horning (Member Tortora was absent.] This Resolution was duly ado '/ , / / ~ -.;/ " '1_.-'_ ~/ GERARD P. GOEHRINGER CHAIRMAN Approved for Filing -,,_L----'-___,_-"_-,'___"'--'-_ APPEALs BOARD MEMBERS SoutholdTown Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax(516) 765-9064 George Horning , Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14,1999 Appl. No. 4749 - LESLIE WINDISCH 1000-70-5-39 STREET & LOCATION: 1375 pine Neck Road, Southold DATE OF PUBLIC HEARING: October 14,1999; November 18,1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 46,000+- sq. ft. in area with 100 ft. frontage along the north side of Pine Neck Road, Southold. The lot is known as Lot 8_ on the Map of G. Wells Phillips filed in the Suffolk County Clerk's Office as Map No. 297. The property is improved with a principal one-story frame dwelling, two accessory buildings, and a small enclosure for the well pump. One of the accessory buildings is a garage and the other contains a bathroom and rooms used formerly by the owner's family for sleeping, without kitchen facilities (Ref: Town's September 22, 1994 inspection report by the Building Department). BASIS OF APPLICATION: Building Inspector's August 12, 1999 Notice of Disapproval which states that the application for a building permit to "alter non-habitable accessory cottage to habitable structure" is nota permitted accessory use pursuant to Article III, Section 100-31C,and that the proposed change of use will constitute a second dwelling on lot pursuant to Article III, Section 100-31A.1. (No physical alteration or change in the building construction is indicated on the application for a building permit.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The Board concurs with the evidence presented that a Preexisting Certificate of Occupancy was granted to predecessors/successors in title, and therefore the variance application is moot. HQwever, counsel for the applicant indicated at the hearings that predecessors/successors in title removed kitchen facilities from said structure and subsequently rehabilitated the accessory structure. 2. For the record, the accessory structure contains the following: insulation and limited bathroom (lavatory) facilities. In considering this application, the Board deems this action to be the minimum necessary and adequat~ to enable the applicants to enjoy an accessory building, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Dinizio, it was ..-~-----,~-,_.>-~~-- -~---"-~-----~~~ ~..-^-, --------~----- Page ~- December 14, 1999 ZBAAppLNQ.A749 - Leslie Windisch ParcellOOO-7Q-S-39 at SOuthold RESOLVED, to REAFFIRM the Pre-Existing Certificate of Occupancy (Pre-CO) for this accessory structure. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Collins, and Horning. (Member. TortoraW8s absent due to illness). This ReSOlu% dU~Y a~(~-~. ... f // C/---- //k~ . _ c.. 1/ /. /..... . /" // GERARDP..GOEHRINGER,C)4AIRMAN /" Approved for Filing by 12/20/99 -