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HomeMy WebLinkAboutZBA-10/19/2000:APPEALS BOARD ~EI~4BERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING MONDAY, OCTOBER 19, 2000 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 Monday, Octo- bet 19, 2000 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (excused/left at 8:18 p.m.) Lora S. Collins, Member Linda Kowalski, Secretary 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTIONS/OTHER ACTION: A. RESOLUTION: SEQRA declarations/Type Il: Motion was made by Chairman Goehringer, seconded by Member Collins, to confirm Type II Declarations for the following applications: Appl. No. 4863 Appl. No, 4866 Appl. No. 4867 Appl. No. 4873 Appl. No. 4872 Appl. No. 4865 Appl. No. 4868 Appl No. 4875 Appl. No. 4871 Appl. No. 4877 Appl. No. 4878 Appl. No. 4864 - THOMAS J. and PATRICIA MONAHAN - NORMA MILLER - STANLEY DROSKOSKI - PETER RUGG and MEDEDITH P. RUGG - LISTA CANNON - TANAS TSATSOS - B. SHINN/SHINN VINEYARD, LLC - LESLIE GAZZOLA - JOHN ZOUMAS - KENNETH ROBII'¢S - WILLIAM S. K-EELY - MARTINROSEN Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). Page 2 - Minutes Meeting held October 19, 2000 Southold Town Board of Appeals B. RESOLUTION: SEQRA Declaration/Unlisted Action: Motion was made by Chairman Goehringer, seconded by Member Tortora, to confirm the following Applications as Unlisted with Negative Declarations: Appl. No. 4862 - SPRINT SPECTRUM, L.P Appl. No. 4880 - L.I. HEAD START CHILD DEVELOPMENT SERVICES Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: The Chairman proceeded with the following public hearings. Please see written Transcripts of Headngs for names of persons speaking and statements entered into the record: 6:37 - 6:47 p.m. Appl. No. 4863 - THOMAS J. and PATRICIA MONAHAN. This is a request for a Variance under Article XXIV, Section 100-244B, and Article XXIV, Section 100- 242A based on the Building Department's July 26, 2000 Notice of Disapproval regarding a building permit application for the reason that the project will increase the degree of nonconformance. Applicants are proposing a dwelling addition with a combined side yard of less than 25 feet and lot coverage exceeding the 20% code limitation. Location of Property: 26350 Main Road, Cutchogue; Parcel No. 1000-109-4-5. Mr. T. Monahan offered testimony in behalf of his application. (Please see wdtten Transcript of hearing statements prepared separately for more information.) After receiving testimony, Chairman Goehdnger offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5- 0). This Resolution was duly adopted. 6:47 p.m. HEARING CANCELED. Appl. No. 4866 submitted by NORMA MILLER was canceled pending Notice under Ch. 58 of the Town Code by applicant, and a copy of the C.O. for the dwelling which is a necessary document for Accessory B & B applications. Property Location: 1000-31-14-14 at East Marion. 6:48 p.m. Appl. No. 4867 - STANLEY DROSKOSKI. This is a request for a Vadance under Article XXIV, Section 100-242A, based on the Building Department's March 28, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reason for disapproval is that the proposed addition represents an increase of approximately 2% over the existing lot coverage, for a proposed deck-entry at the rear of the dwelling. 531 Sterling Place, Greenport; 1000-34-3-4. Mr. S. Droskoski offered testimony in behalf of his application. (Please see written Transcript of hearing statements prepared separately for more information.) DELIBERATIONS/DECISION: At the end of the headng, the Board rendered a determination of approval, the original of which was filed with the Town Clerk. A Page 3 - Minutes Meeting held Oc1~ober 19, 2000 Southold Town Board of Appeals PUBLIC HEARINGS, continued: copy of the Board Findings, Deliberation and Decision is attached and incorporated into this set of Minutes as though written in its entirety. 6:50 -7:23 p.m. Appl. No. 4873 - PETER RUGG and MEDEDITH P. RUGG. This is a request for Variances under Article III, Sections 100-32 and 100-33, based on the Building Department's September 13, 2000 Notice of Disapproval to locate: (a) an accessory building in a front yard, and (b) a proposed garage addition with a front yard setback at less than 60 feet from the edge of right-of-way. Location of Property: Munnatawket Avenue, Fishers Island; 1000-006-03-8.2; also referred to as Lot 2 on the Edith Dillon Edson Map, filed in the Suffolk County Clerk's Office as File No. 9741. Patricia C. Moore, Esq. substituted for Stephen L. Ham III, Esq. and offered testimony concerning this application. Mr. P. Rugg also offered information regarding his application. Please see written Transcript of headng prepared separately for more information. RESOLUTION: After receiving all testimony, Chairman Goehringer offered a motion to close (conclude) the hearing, seconded by Member Collins. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. RESOLUTION TO AMEND: Member Collins asked for a statement from counsel as to whether the right-of-way meets the definition of a street and if it's in the abutting owners' deeds. Chairman Goehringer offered a motion to amend the previous resolution, seconded by Member Horning, and to close the hearing subject to receiving an opinion of Attorney Moore, after her research, as to whether the easements meet the definition of a street and whether they are on a filed plat or map. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 7:23 - 7:30 p.m. Appl. No. 4872 - LISTA CANNON. This is a request for a Variance under Article XXIV, Section 100-244, based on the Building Department's September 11, 2000 Notice of Disapproval to locate a proposed addition to the existing dwelling with a front yard setback at less than 35 feet. Location of Property: 1050 Arshamomaque Avenue at intersection with Orchard Street, Beixedon Estates, Southold; County Parcel No. 1000-66-2- 27. Charles Cuddy, Attorney for the applicant, and Meryl Kramer, Architect for the applicant, both offered testimony in behalf of the applicant. (Please see written Transcript of hearing for details prepared separately.) After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. DELIBERATIONS/DECISION: At this time the Board adopted Findings, Deliberations and Determination regarding Appl. No. 4872 - L. Cannon. The original was filed with the Page 4 - Minutes Meeting Held Octbb~r 19, 2000 Southold Town Board of Appeals Office of the Town Clerk, and a copy is attached and incorporated into this set of Minutes as though written in its entirety. PUBLIC HEARINGS, continued: 7:30 - 7:41 p.m. Appl. No. 4865 - TANAS TSATSOS. This is a request for a Waiver of Merger under Article II, Section 100-26 concerning lots shown on the Map of Eastern Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building Department's Notice of Disapproval determining that, under Article II, Section 100-25, Eastern Shores Subdivision Lot No. 133, shown as the westerly portion of County Tax Lot 1000-33-2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion of 1000-33-2-24, are merged as one lot. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983... until the total lot size conforms to the current bulk schedule requirements." Location of Property: 1565 Green Hill Lane and South Side of Sound Drive, Greenport. Mr. J. Fitzgerald or Proper-T Services, Inc. offered testimony in behalf of the applicant. (Please see written Transcript of hearing prepared separately for details.) After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 7:41 - 8:09 p.m. Appl. No. 4871 - JOHN ZOUMAS (Owner: Vera Doroski).. This is a request for a Variance under Art. XXIV, Sec. 100-244 based on the September 11, 2000 Notice of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft. minimum code requirement, and rear yard setback at less than the 50ft. minimum requirement for a parcel of 21,580 sq. ft. in size. 455 Beebe Drive, Cutchogue; 1000-97-7- 14. Mr. Zoumas was present regarding his application. Opposing the application was Bill Milner of 500 Beebe Drive and other neighbors. Please see written Transcript of hearing prepared separately for details. After receiving all testimony and information, Chairman Goehdnger offered a motion to recess this hearing for a continuation on November 16, 2000. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 8:09 - 8:10 p.m. Appl. No. 4868 - B. SHINN/SHINN VINEYARD, LLC. Variance under Art. III, Sec. 100-31A.1 based on the July 21, 2000 Notice of Disapproval of an application to alter an agricultural building by adding a shower facility. The reason for disapproval is that "the design and presence of a full bath within the structure constitutes a second dwelling unit on the parcel, at 2000 Oregon Rd, Mattituck; 1000-100-4-3. Mrs. Barbara Shinn offered information regarding her application. Please see written Transcript of hearing prepared separately for details. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: Ayes: All (5-0). The hearing concluded. Page 5 - Minutes Meeting held October 19, 2000 Southold Town Board of Appeals DELIBERATIONS/DECISION: After the close of the hearing, the Board rendered its determination, the original of which has been filed with the Town Clerk's Office. A copy of the official action of the Board is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:10 - 8:25 p.m. The Chairman called a short recess. A short break was taken. 8:18 p.m. Member Horning was excused to return to Fishers Island. 8:25 p.m. Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to reconvene the meeting. Vote of the Board: Ayes: All. 8:25 - 8:30 p.m. Appl No. 4875 - LESLIE GAZZOLA. Variance under Article III, Section 100-33A, based on the August 21, 2000 Notice of Disapproval of an application to locate an accessory building partly in a side yard. Location of Property: 495 Elizabeth Lane, Southold; Parcel 1000-78-5-2. Mr. L. Gazzola offered testimony in behalf of his application. Please see written Transcript of Hearing prepared separately for more information. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). (Member Homing was absent.) 8:30 p.m. Appl. No. 4878 - WILLIAM S. KELLY. Variance under Article III, Section 100-33A, based on the Building Department's September 22, 2000 Notice of Disapproval of an application for a one-family dwelling proposed at less than 50 feet from street front property lines. 1840 Brigantine Drive and Squarerigger Lane, Southold; CTM No. 1000-79- 4-24. Mr. W. Kelly offered testimony regarding his application. Opposition was received from Mr. J. Able. Please see written Transcript of Hearing prepared separately for more information. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). The next hearing was canceled by applicant (and Ch. 58 Notices were not sent by applicant). Applicant requests a postponement to next month (December 14, 2000). Appl. No. 4877 - KENNETH ROBINS. Variance under Art. III, Sec. 100-33A based on the August 21, 2000 Disapproval of an application for a second floor addition to existing accessory garage with a median height to collar ties as 19 feet, at 365 Pequash Ave, Cutchogue; 1000-103-7-29. 8:45 - 8:57 p.m. Appl. No. 4826 - WILLIAM PENNEY/TIDY CAR. (Continued hearing from 8/18/0). Corner of C.R. 48 and Youngs Avenue, Southold, NY; 1000-55-5-2.2. Zone: B General Business. Mr. W. Penney offered testimony regarding his application. Please see written Transcript of hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Tortora, to Page 6 - Minutes Meeting held October 19, 2000 Southold Town Board of Appeals recess the hearing for a continuation on December 14, 2000. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Horning of Fishers Island was absent.) 8:57 - 10:19 p.m. Appl. No. 4837 - H. CASHY/M. MISTHOS. (Continued headng from 9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. Charles Cuddy, Esq. offered information regarding the applicants, Mr. and Mrs. Cashy, who were also present. Sworn in was Mark Schwartz, Architect. Opposing the application was Anthony B. Tohill, P.C., attorney for the abutting landowners, Mary Butz and Diane Ravitz. Other speakers were: Steve Mareska, Engineer, John Paciulli, Patrick Given. Please see written Transcript of hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Tortora, to recess the headng for a continuation on December 7, 2000 at approximately 7:15 p.m. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Horning of Fishers Island was absent.) HEARING POSTPONED. The next hearing was postponed to November 18, 2000 as requested by applicant's attorneys: Appl. No. 4862 - SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) - Variance under Art. III, Sec. 100-33A, based on the Building Department's May 31, 2000 Notice of Disapproval for removal of the existing tower and to construct new wireless communication tower at a height exceeding 20 feet above the average height of buildings within 300 feet of the facility. The height is proposed at 110+- feet from ground. Location: 415 Elijah's Lane, Mattituck; 1000- 108-4-11.3. Zone: Limited Business. HEARING CANCELED. The next headng was canceled at applicant's attorney's request. Appl. No. 4864 - MARTIN ROSEN. Appeal requesting a Reversal of the Building Department's Revocation of Permit No. 26546-Z dated August 14, 2000 regarding a ham radio tower which exists at 11780 Sound Avenue, Mattituck; 1000-141-3-44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as follows: "Pursuant to Article XXVIII, Section 100-282B, The Building Inspector may revoke a building permit issued in error when it should not have been issued in accordance with the application law. Subject property, in LI Zone, had a pre- existing nonconforming dwelling as principle use. This use was lost pursuant to Article XXIV, Section 100-241G; subject property does not contain a permitted principle use pursuant to Article XIV, Section 100-t41A. An accessory use cannot exist without a principle use." Page 7 - Minutes Meeting held October 19, 2000 Southold Town Board of Appeals Public Hearings, continued: 10:20 p.m. Appl. No. 4880 - El. HEAD START CHILD DEVELOPMENT SERVICES, INC. (formerly Church of the Open Door). This is a request for a Special Exception for Nursery School activities. A nursery school is listed as an authorized use in the Zoning Code under Article III, Section 100-31B(4). The property is zoned R-80 Residential and is known as 1850 Main Bayview Road, Southold; Parcel No. 1000-75-4-28. Mr. Jean-Pierre Lardoux, A.I.A. and Linda Gates, Program Manager, both offered testimony in behalf of the applicant. Please see Transcript of Hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Collins, to close the hearing. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Horning of Fishers Island was absent.) III. DELIBERATIONS/DECISION: A copy of the original official decision filed with the Office of the Town Clerk is attached and incorporated into this set of Minutes as though written herein in its entirety: Approval with Conditions: Appl. No. 4880 - L.I. Head Start. IV. RESOLUTIONS/UPDATES/OTHER: A. CALENDAR FOR NOVEMBER 16, 2000: RESOLUTION: On motion offered by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize advertisement of applications filed in complete form by October 12, 2000 to be held November 16, 2000. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent.) B. The Chairman confirmed a tentative Special Meeting for Monday at approximately 5:30 p.m. for carryover agenda items from tonight's meeting. C. The Chairman confirmed a new review, Appl. No. 4874 (Wamback) withdrawn as requested by owner. V. EXECUTIVE SESSION (none held). Page 8 - Minutes Meeting h'eld OctobEr 19, 2000 Southold Town Board of Appeals Due to the late hour, the Chairman declared the meeting adjourned with a Special Meeting for carryover agency items and other business matters properly coming before the Board, to be held October 26, 2000. The Meeting was adjourned at 11:00 p.m. Respectfully submitted, L-'i r~ a KowaBkT ~ __ Secretary 1/31/01 /~,..~ard P. Goehringer, Chairman ~/ ~ A.~PEALS BOAR:,D'MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora I_ora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4867 STANLEY and PATRICIA DROSKOSKI, Applicants/Owners Street & Location: 531 Steding Place, Greenport 1000-34-3-4 Date of Complete Application: September 13, 2000 Date of Public Headng: October 19; 2000 FINDINGS OF FACT PROPERTY FACTS: The applicant's property is a comer lot of 8858 sq. ft. in size 65.50 ft. frontage along the westedy property line facing Steding Place and 133 ft. along the south side of Knapp Place. The lot is shown on the Map of John G. Champlin and a May 16, 1989 survey by Rodedck VanTuyl, P.C. shows a single-family dwelling and accessory garage. BASIS OF APPLICATION: Code Section 100-244B, based on the Building Inspector's Notice of Disapproval dated March 28, 2000, denying a permit for an as built deck entry at the rear of the house due to excessive lot coverage. Although the Notice of Disapproval cited a proposed lot coverage of 42%, the record was updated October 16, 2000 to show a total lot coverage at 25.9%. The code limitation of 20% would be 1771.6 sq. ft. The house is 1802 sq. ft., the garage is 400 sq. ft. for an existing square footage of 2202 sq. ft. The overall increase is 96 sq. ft. for a new total of 2298 sq. ft. AREA VARIANCE RELIEF REQUESTED: Applicant requests a lot coverage increase of 96 sq. ft. for a new C:,x 12'deck entry at the rear of house. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The grant of the area vadance will not product an undesirable change in the character of the neighborhood or a detriment to nearby property. This 8' x 12' deck entry replaces a former entry atthe same location, which was very small. No evidence was presented to suggest that the relief granted will produce an undesirable change. (2) The entry has been in the same location for more than 25 years and is practical. It is unobtrusive because its setback is conforming. (3) The requested area vadance is not substantial, representing 1.08% of the total lot size, or 96-sq. ft. (4) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. Page 2 - October 19, 2000 ZBA Appl. No. 4867 - S. and P. Droskoski Parcel 1000-34-3~4 at Greenport (5) The action set forth below is the minimum necessary and adequate to enable applicants to enjoy the benefit of a new deck entry, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, itwas RESOLVED, to GRANT the variance as applied. VOTE OF THE BOARD: AYES: Members Goehringer (Ch..~.ajm~Dinizi..or-T-ml~ra, Collins, and Horning. This Resolution was duly adopted (5-0). ~ _ .Z/~ j~/....~./~~ ,APpE~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia Al Tort°ra Lorn S. Collins George Homing Southold Town Hall 53095 Main Road P.O. BoX 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19, 2000 Appl. No. 4868 - SHINN VINEYARD, INC./BARBARA SHINN STREET & LOCATION: 2000 Oregon Road, Mattituck DATE OF PUBLIC HEARING: October 19, 2000 1000-100-4-3 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the south side of Oregon Road in Mattituck. The property is 22 acres with 642.98 ft. of road frontage. A survey sketch, altered by Stanley Isaksen, Jr., shows the Development Right Easement areas of approximately 20 acres. A separate land designation, shown as the owner's 1.826 acres, is improved with a dwelling and farm buildings. The entire acreage is owned by the applicant. BASIS OF APPLICATION: Building Inspector's July 21,2000 Notice of Disapproval for the reason that applicants' proposed shower facility in the existing barn constitutes a second dwelling on a single parcel under Article III, Section 100-31A(1) of the Zoning Code. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in her application to the Building Department for an amendment to Building Permit No. 26038 for a shower facility in an accessory building. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: (1) The grant of the area variance will not product an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants do not live in the principal dwelling located on the subject property; this dwelling is rented. The accessory agricultural building is used solely for the care and maintenance of wine grapes planted on the property, and proposed sho~er facility which is the subject of this vadance is to be used solely for agricultural staff. No change in the appearance of the character of the neighborhood will result from this variance. (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because the applicants rent the principal building and do not have use of a shower after pesticide application to the wine grapes as required by the Environmental Protection Agency standards. '(3) The variance granted is not substantial because the agricultural building will remain an accessory building and in no event shall it be used for sleeping quarters or other habitable purposes. (4) The difficulty has been in part self-created because the applicants are unable to use the shower in the principal building because it is rented. Page 2 - October 19, 2000 ZBA AppL No. ~868 - Shinn Parcel 1000-100-4-3 at Nattituck (5) No evidence was presented to suggest that the vadance granted will have an adverse effect or impact on physical or environmental conditions. The action set forth below is the minimum necessary and adequate to enable applicants to meet the requirements of Environmental Protection Agency standards by installing a shower facility in the barn building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Goehdnger (Chairman), seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins.  q'his Resolution was duly (Member Horning of Fishers Island was absent-during ~/~~ ~ adopted (4-0) - J/.GERARD P. GOEHRINGER, CHAPMAN ./ / 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 gO. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19, 2000 Appl. No. 4872 - L. CANNON 1000-66-2-27 STREET & LOCATION: 1050 Arshamomaque Road (and Orchard Road) DATE OF PUBLIC HEARING: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a parcel of 10,752 sq. ft. at the corner of Arshamomaque and Orchard Roads in Southold. A survey by John C. Ehlers dated October 17, 2000 shows a two-story house with an one-story segment on the westedy side and a raised wooden patio/deck. The house is 45.8 feet from Orchard Road and 35.4 feet from Arshamomaque Road. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated Septem- ber 11, 2000 denying a building permit application for an addition on the northerly side of the house because the northerly setback from Orchard Road would be reduced to 32.5 feet whereas Code section 100-244B requires a setback of 35 feet. AREA VARIANCE RELIEF REC~UESTED Applicant requests a variance authorizing construction of a screened porch 12 feet deep on the northerly side of the house (and around the northwest cotter), reducing the setback from Orchard Road from 45.8 feet to 33.8 feet, as shown on the survey dated October 17, 2000. These setback measurements appear to be more precise than those that were sketched on an old survey, used in applying for a building permit, and cited in the permit denial, and the Board bases its decision on the October 17, 2000 survey measurements. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant's house was built 50 or more years ago. Applicant wishes to expand the living space by adding an one-story screened porch on the north side (and around the northwest cotter). Applicant's architect testified that this is the only feasible location for the desired addition. (2) Based on the survey dated October 17, 2000, the requested setback vadance is less than 1-1/2 feet, which is not substantial. Including the proposed addition, the lot coverage will be about 16-1/2 percent, well below the allowable 20 percent and consistent with the neighborhood. For these reasons, grant of the requested vadanca will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - October 19, 2000 Appl. No. ~,872 - L. Cannon 1000-66-2-27 at $outhold (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 m nimum necessary and adequate to enable applicant to expand the house in the desired manner while preserving and protecting [he character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehdnger and Member Collins, it was RESOLVED, to GRANT the variance as requested. VOTE OF THE BOARD: AYes: Members Goehdnger (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly ad~ /~GERA~,D P. GOEH~NGER,,~IAIRMAN ' APPEALS BOARD MEMBF~RS 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 AND DETERMINATION REGULAR MEETING OF OCTOBER 19, 2000 Appl. No. 4880 -L.I. HEAD START CHILD DEVELOPMENT SERVICES, INC. Parcel: 1850 Main Bayview Road, Southold 1000-75-4-28 Zone District: R-80 Residential Date of Public Hearing: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant-LA. Head Start Child Development Services, Inc., is the proposed tenant of a building formerly occupied by The Church of the Open Door with school facility. The property contains five acres with access off the westerly side of Main Baview Road in Southold and is referred to as Lot 3 on the Minor Subdivision Map of Salvatore Catapano. The building and existing parking areas received approvals on April 14, 1986 from the Town for the former church facility and related uses. APPLICANT'S REQUES-F/BASIS OF APPLICATION: The Applicant is requesting a Special Exception under Article III, Section 100-31, subsection B(4) of the Southold Town Zoning Code for a nursery school. The proposed Nursery School is proposed for 45 students on the lower level of the existing building, with the applicant returning to the Board for consideration of occupancy of the first floor. Details of the layout of the site, as exists, are more particularly shown on the Sheet A-I of Plan dated April 12, 1989 prepared by Richard A. Keillor, R.A. All Parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations and/or approved site plan of record. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100, Article III, Section 100-31-B, governing a Nursery School Use by Special Exception review, and on the basis of tes1~imony presented and personal inspection, the Board finds: Nursery schools are permitted in this R80 Residential Zone District under Section 100-31B('~) of the lown Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that the proposed Nursery School Use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. 2. The proposed Nursery School complies with the lot size provisions of the Zoning Code. This building and facility will be located on five acres of land. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: Pag6 2 - Appl. No. SE-4880 L.I. Head Start Decision Rendered 10/19/00 A) This Nursery School will not prevent the orderly and reasonable in this Residential Zone District and adjacent districts. The adjacent property to the north is agricultural with sales of farm products. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected bythe proposed use and its location.. The proposed expansion will allow the Nursery School to provide enhanced services that will benefit all of the community. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility,' scale and overall appearance. F) The structures, equipment and material wilt be accessible for emergency protection. ~[n making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A Nursery School use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. The location of the proposed Nursery School will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnOxious gases, odors, smoke or soot. · Pag~ 3 - Appl. No. SE-4880 L.I. Head Start 'Decision Rendered 10/19/00 F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of a nursery school facility will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a library. .1. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this library use. L. The use to be operated is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site is particularly suitable for a nursery school, which was formerly use as a church with its own school facilities. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it Page 4 - Appl. No, SE-4880 L.][. Head Start Decision Rendered 10/19/00 was RESOLVED, to GRANT the application, as applied for, with the understanding that occupancy of the first (upper) floor will be subject to review by Special Exception in a separate future application for expansion or similar use. VOTE OF THE BOARD: AYES: MEMBERS GOEHR~NGER (Chairman), D][NIZ]O, TORTORA, and COLONS. (Member Homing was absent during this Resolution.) This Resolution was duly GERARD P. GOEHRJNGER CHAIRMAN ,.