HomeMy WebLinkAboutZBA-09/20/2001 MINUTES
THURSDAY, SEPTEMBER 20, 2001
REGULAR MEETING
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, September 20, 2001
commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia Tortora, Member (left at midnight)
Lora S. Collins, Member
George Horning, Member
Board Secretaries Linda Kowalski and
Paula Quintieri.
6:33 p.m. The Chairman called the meeting to order. The Chairman announced that Agenda Item Ill-A,
pending Deliberations/Decision for Appl. No. 4974 - R. HAMMEL/J. DEMPSEY, is noted as Agenda
Item III-A and will be addressed during the meeting. (Several persons interested in this application
were present at the stad of the meeting.)
STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS (Aqenda Item I): RESOLUTION
ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly
carried, to confirm the following Declarations under SEQRA:
Unlisted with No Adverse Effect on the Environment:
Appl. No. 4986 - DAVID AND MARIA PATTERSON. Structural renovations in an
accessory building (rather than the main building) for occupancy as the owner's office.
Appl. No. 4989 - RICHARD GLUCKMAN. Height of proposed dwelling.
Appl. No. 4987 - ELLSWORTH BAYLIS, JR. Storage building on a vacant lot.
Type II (not subject to SEQRA procedures as applied for):
Appl. No. 4993 - M. & J. DEANGELO.
Appl. No. 4988 - KEVIN SHANNON.
Appl. No. 4992 - PATRICK CARPENTER.
Appl. No. 5001 - DINA MASSO.
Appl. No. 4996 - RICHARD FEVOLA.
Page 2- Minutes
Meeting of September 20 2001
Southold Town Board of Appeals
Appl. No. 4990 - NORTH BAY PROPERTIES.
Appl. No. 4994 ED and EILEEN MAHER.
Appl. No. 4995 - PETER AND VALERIE LEONIAK.
Appl. No. 4985 - BRIARCLIFF SOD, INC.
Appl. No. 5003 - KACE LI, INC.
This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: The Chairman opened each of the following hearings for testimony and
information related to the application. Please see written Transcript of Hearings 3repared under
separate cover for actual discussions.
6:35 p.m. Appl. No. 4993 - MICHAEL and JOANN DEANGELO. This is an Appeal for a Variance
based on the Building Inspector's July 25, 2001 Notice of Disapproval regarding the proposed location
of a swimming pool in a yard other than a rear yard, required by Code Section 100-33. Location of
Property: 2080 Elijah's Lane (and Birchwood Road), Mattituck; Parcel 108-3-5.015. Mr. DeAngelo
offered information in support of his application. (No one appeared to speak against the application.)~
Please see the written hearing transcript for actual statements. RESOLUTION ADOPTED: Aftert,~¢
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, and
duly carried to close the hearing. This Resolution was duly adopted (5-0).
6:40 p.m. Appl. No. 4988 - KEVIN SHANNON. This ~s an Appeal for a Variance based on the
Building Inspector's July 5, 2001 Notice of Disapproval regarding the location of a proposed deck
addition with a setback at less than seventy-five (75) feel from the bulkhead, required by Section 100-
239.4B. Location of Property: 1077 Bay Home Lane. Southold; Parcel 1000-56-5-39. Mr. Shannon
spoke ~n support of his application. (No one appeared to speak against the application.) Please see
the written hearing transcript for actual statements. DELIBERATIONS/DECISION: At the end of the
hearing, the Board deliberated and voted to approve the application as applied for. A copy of the
official Findings and Determination filed with the Town Clerk, is attached hereto as though fully written
and set forth herein. This Resolution was duly adopted (5-0).
6:45 p.m. Appl. No. 4986 DAVID AND MARIA PATTERSON. This ~s an Appeal for a
Variance under Section 100-31C2:b based on the owners' request for structura renovations '~n an
accessory building (rather than the main building) for occupancy as the owner's office, noted in the
Building Inspector's June 20, 2001 Notice of Disapproval. Section 100-31C2.b provides for accessory
office use incidental to the residential use of the premises when carried on in the Main Building by the
residents therein. Location of Property: North Side of Central Avenue, Fishers Island, Town of
Southold; Parcel 1000-6-4-4. Mrs. Barbara Ham spoke in support of this application, in place of her
husband Stephen L. Ham III, Esq. who could net be present. After receiving testimony, Board
Member(s) explained the standards of Town Law that apply to this type of a variance and suggested to
Mrs. Ham that legal counsel be consulted. RES_.OLUTIO_N_ ADO_PT_ED: Motion was offered by/
Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing without~,
a new date, pending information from Counsel, This Resolution was duly adopted (5-0). (Additiona
Page 3 - Minutes
Meeting of Seetember 20. 200'i
Southold Towr Board of Appeals
advertising and mailing notices under Chapter 58 will. be required from applicant before re-calendaring
the hearing on this application )
6:53 p.m. Appl. No. 4992 - PATRICK CARPENTER. This is an Appeal for a Variance under Section
100-244B based on the Building Inspector's July 16, 2001 Notice of Disapproval regarding the location
of a proposed addition to dwelling at less than the required 35 feet from the front property line.
Location: 235 Orchard Road, Southold; Parcel 66-2-21. Mr. Carpenter spoke n support of'this
application. RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Homing, and duly carried, to close the hearing.
DELIBERATIONS/DECISION: At. the end of the hearing, the Board deliberated and voted to approve
the application. A copy of the official Findings and Determination filed with the Town Clerk, is attached
hereto as though fully written and set forth herein. This Resolution was duly adopted (5-0).
7:00 p.m. Appl. No. 5001 - DINA MASSO. This is an Appeal for a Variance under Section 100-244B
based on the Buildir)g Inspector's July 31, 2001 Notice of Disapproval regarding proposed
additions/alterations to the existing dwelling at less than the required single setback of 15 feet
minimum, and less than 35 ft. total (combined) side yards. LocatiOn of Property: 5705 Nassau Point
Road, Cutchogue; Parcel 111-13-4. Donald G. Feller, Architect offered testimony in support of this
application. No one appeared to offer testimony against the application. RESOLUTION: After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and
duly carried, to close the hearing. DELIBERATIONS/DECISION: After receiving testimony and at the
end of the hearing, the Board deliberated and voted to approve the application as applied for. A copy
of the official Findings and Determination filed with the Town Clerk, is attached hereto as though fully
written and set forth herein. This Resolution was duly adopted (5-0).
7:09 p.m. Appl. No. 4996 - RICHARD FEVOLA. This is an Appear for a Variance under Section 100-
244B based on the Building Inspector's July 27, 2001 Notice of Disapproval regarding the location of
proposed additions and alterations to existing dwelling at less than a single side yard of 15 feet and
less than 35 feet total side yards, at 2200 Broadwaters Road, Cutchogue; Parcel 104-9-14. Mr. Fevola
was present with his attorney, Harvey Arnoff, who offered testimony in support of Mr. Fevola's
application. (No one offered testimony against the application.) RESOLUTION: After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly
carried, to close the hearing. DELIBERATIONS/DECISION: At the end of the hearing, the Board
deliberated and voted to approve the application as applied for. A copy of the official Findings and
Determination I:iled with the Town Clerk, is attached hereto as though fully written and set forth herein.
This Resolution was duly adopted (5-0).
7:14 p.m. Appl. No. 4990 - NORTH BAY PROPERTIES. This is an Appeal for a Variance under
Section 100-239.4A based on the Building Inspector's May 29, 2001 Notice of Disapproval regarding
the proposed, location of a swimming pool at less than the required 100 feet from the top of the bluff or
bank of the Long Island Sound. Location of Property: 8869 Oregon Road, Cutchogue; Parcel 83-1-33.
J. Fitzgerald of Proper-T Services Inc. offered a new map dated 9-17-01 and testimony in support of
this application. Also speaking with', testimony for the applicant were Charles Bowman of Land Use Co.
and Joseph Fischetti, P.E. Speaking with concerns was immediate landowner, Mark Bryan, who owns
Page 4 - Minutes
Meebng of Septemher 20 2uO I
land three lots to the east of this property. RESOLUTION: After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the
hearing to October 4, 2001; and for written information to be submitted from applicant's environmental
consultant. This Resolution was duly adopted (5-0).
7:34 p.m. Appl. No. 4989 - RICHARD GLUCKMAN. This is an Appeal for a Variance under Section
100-32 based on the Building Inspector's June 1, 2001 Notice of Disapproval regarding the height of a
proposed dwelling for the reason that Section 100-32 restricts the maximum height to 2-1/2 stories.
Location of Property: 4630 Orchard Street, Orient; Parcel 27-3-7.8. Mr. Gluckman and his attorney,
John Wagner, were present and offered testimony in support of the application. Offering testimony
against the application was the immediate neighbor, Martin Trent. RESOLUTION: After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly
carried, to close the hearing as to verbatim, and extend the written portion of the record for submission
of a landscape and drainage plan and related information, on or before October 10, 2001. This
Resolution was duly adopted (5-0). (The Board noted that it would commence deliberations at its
October 18, 2001 Special Meeting, and asked the applicant to submit the information by October 10TM, if
possible.)
8:14 - 8:26 pm. A short break was taken. Motion was offered by Chairman Goehringer, seconded b
Member Tortora, and duly carried, to reconvene the meeting at 8:26 p.m.
PUBLIC HEARINGS (A,qenda Item II, continued):
8:26 p.m. Appl. No. 4991 - BARBARA J. MARTIN. This is an Appeal for a Variance under Section
100-32 based on the Building Inspector's May 1, 2001 Notice of Disapproval for a proposed lot area of
less than the required 80,000 sq. ft. in this proposed subdivision project. The lot which is being created
is located in the R-80 Residential Zone District, and the remaining lot is located in the R40 Residential
Zone District. Location of Property: 2.43 acres located along the westerly side of Boisseau Avenue,
Southold; Parcel 55-5-15. Mrs. Martin offered testimony in support of her application. (No one offered
testimony against the application.) RESOLUTION/DELIBERATIONS/DECISION: After receiving
testimony and at the end of the hearing, the Board deliberated and voted to approve the application as
applied for. A copy of the official Findings and Determination filed with the Town Clerk, is attached
hereto as though fully written and set forth herein. This Resolution was duly adopted (5-0).
8:34 p.m. Appl. No. 4994 - ED and EILEEN MAHER. This is an Appeal for a Variance under Section
100-242A and Section 100-244B, based on the Building Inspector's July 27, 2001 Notice of
Disapproval. Applicants are proposing structural alterations and additions to existing dwelling, and a
Disapproval was issued because the degree of nonconformance is increased with regard to the
nonconforming side yards and lot coverage. The new construction areas under consideration are
shown with: (a) a setback at less than 10 feet on one side yard, (b) setbacks at less than 25 feet for
combined side yards, and (c) lot coverage exceeding 20% of the total lot. Location of Property: 3655
Bayshore Road, Greenport; Parcel 53-6-15. Architect Meryl Kramer offered testimony in support cfi
this application. (No one offered testimony against the application.) During the hearing, Boardl
Member(s) discussed possible alternatives for another plan, and Ms. Kramer agreed to furnish the
Page 5 - Minutes
Meeting of September 20, 2001
Southold Town Board of Appeals
requested information. RESOLUTION: After receiving testimor~y, motion was offered by Chairman
Goehringer, seconded by Member Collins, and duly carried, to close the hearing asto verbatim, and
extend the written portion of the record for submission of another plan and related information, from
Mrs. Kramer, on or before October 2, 2001. This Resolution was duly adopted (5-0). (The Board noted
that it would close the hearing at its October 4, 2001 meeting, and commence deliberations at that
time.)
HEARING CANCELED BY APPLICANT: ;The Chairman skipped over the next hearing, which was
canceled by the applicant. [ was also noted that applicant did not furnish the required proof under
Chapter 58 pertaining to Notice of Sign Posting, etc. Compliance with Chapter 58 will be necessary
before the application is rescheduled. The ZBA awaits word from applicant as to the status of this
application (4928 - MICHAEL COLAVITO).
PUBLIC HEARINGS. continued:
8:49 p.m. Appl. No. 4995 PETER AND VALERIE LEONIAK. This is a request for Lot Waivers under
Section 100-26 to unmerge three lots identified as Parcel 98-1-17, Parcel 98-1-16, and Parcel 98-1-15.
Location of Property: Pine Tree Road and Bittersweet Lane, Map of Nassau Farms, Cutchogue. Mrs.
Leoniak and her attorney, William Goggins, offered testimony in support of this application. Offering
testimony against the application were Mr. Tom Cottral with his attorney Eric J. Bressler.
RESOLUTION: After receiving bestimony, motion was offered by Chairman Goehringer, seconded by
Member Collins. and duly carded, to close the hearing as to verbal testimony, and extending the written
portion of the record for real estate broker or appraisal information, to be submitted to Eric Bressier by
9/28, and to the Board by 10/2. This Resolution was duly adopted (5-0).
9:35 p.m. Appl. No. 4987 - ELLSWORTH BAYLIS, JR. This is an Appeal under Section 100-31A,
based on the Building Inspector's October 31 2000 Notice of Disapproval for a proposed accessory
storage building on a vacant lot. 'Section 100-31A does not provide for a storage building as a principal
use on a vacant lot. Location of Property: 6425 Indian Neck Lane, Peconic; Parcel 86-6-21 containing
11,214 sq. ft. Contractor William Kelly and Mr. Baylis offered testimony in support of this application.
(No one offered testimony against the application.) RESOLUTION: After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Horning, and duly carded, to close the
hearing pending consultation with the Town Attorney regarding possible Covenants and Restrictions
pertaining to this variance. This Resolution was duly adopted (5-0).
9:50 p.m. Appl. No. 4985 - BRIARCLIFF SOD, INC. This is an Appeal under Section 100-33 based on
the Building Inspector's May 2, 2001 Notice of Disapproval for proposed Lot 1 and Lot 2 with a total
land area of less than the required 80,000 sq. ft. in this proposed subdivision project. The lots which
are being created is located in the R-80 Residential Zone District. Location of Proper[y: 24.97 acres
extending Off the north side of Leslie's Road and off the south side of Main Road (S.R. 25) in Peconic;
Parcels 85-3-12.1 12.2; and 97-10-1. J. Fitzgerald of Proper-T Services offered testimony in support of
this application. The Chairman also made reference to email message received today from the
Planning Board Office, and a copy was made available to the applicant. A copy of the email message
was entered into the ZBA file at the Chairman's direction. (No one in the audience offered testimony
Page 6 - Minutes
Meeting of September 20. 2001
Southold Town Boarc of AppeaIs
against this application.) RESOLUTION: After receiving testimony, motion was offered by Chairman
Goehringer. seconded by Member Collins, and duly carried, to RECESS the hearing WITHOUT A
NEW DATE. pending applicant's submission of the requested information to the Planning Board
concerning the subdivision plan. This Resolution was duly adopted (5-0).
10:10 p.m. Appl. No. 4962 - ROGER AND LESLIE WALZ. (Carryover from prior hearing calendar).
This is an Appeal requesting a Variance under Article XXIV, Section 100-242A, based on the Building
Inspector's May 2, 2001 corrected Notice of Disapproval. The Notice of Disapproval states that the
existing structure has a nonconforming setback of three feet from the easterly side lot line and 6.5 feet
from the west side line, and as a result, the second-story addition represents an increase in the degree
of nonconformity. Location of Property: 2505 Old Orchard Road, East Marion: Parcel 37-6-5. New
counsel for the application, Eric J. Dressier, offered testimony in support of this application. Also
speaking in support was Rob Brown of Fairweather-Brown Design Architects. (No one from the
audience offered testimony against the application..') RESOLUTION: After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the
hearing, and the amended application for an Interpretation to be filed by Eric Dressier, Esq., to the
THURSDAY, NOVEMBER 15, 2001 Headng Calendar. This Resolution was duly adopted (5-0).
10:48 p.m. Appl. No. 5003 KACE LI, INC. This is an Appeal requesting a Reversal of the Building~'%
Inspector's Notice of Disapproval dated August 13, 2001, denying an application for a building permitk,_
for two-family dwellings under Article IV, Section 100-42A.2. The reason stated in the Notice of
Disapproval is that the proposed project indicates several two-family dwellings on a single parcel, and
that the Code allows only one such structure per lot as a permitted use. Zone District: Hamlet-Density
(HD). Location of Property: South Side of-North Road (a/k/a C.R. 48) (now or formerly referred to as
"Northwind Village" site), 500+- feet east of Chapel Lane, Greenport; Parcel 40-3-1. Offering testimony
with regard to the Building Department file was Edward Forrester, Director of Code Enforcement.
Offering testimony and additional documentation in support of this application were Emanuel
Kontokosta and his attorneys, Matthew Pachman and Howard Pachman. Offedng testimony against
the application was neighbor Robert Young. Other neighbors were also present. (Please see written
Transcript of hearing for actual statements.) RESOLUTION: After receiving testimonY, motion was
offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the
hearing, to Thursday, October 4, 2001. This Resolution was duly adopted (5-0)~
End of hearings. The hearings ended at approximately 12:10 p.m.
DELIBERATIONS/DECISION ADOPTED (Agenda Item Ill-A, continued): The Board Members
deliberated and action was taken on the following pending applications. Please see official
Findings/Deliberations/Decisions filed with the Office of the Town Clerk, copies of which are attached to
this set of Minutes as though fully written and set forth herein, for the following:
Appl. No. 4984 - S. and P. Constan - Approved in part and denied in part (3-2).
(Member Tortora left after the Decision on Appl. No. 4984).
Page 7 - Minutes
Meeting of September 2C, 2001
Southold Town Board of Appeals
Deliberations/Decisions, continued:
Appl. No. 4974 - R. Hammel - Approved with Conditions.(4-0).
Appl. No. 4993 - M. and J. DeAngelo -Approved (3-1).
RESOLUTION: (Agenda Item Ill-B). Motion was offered by Member Dinizio, seconded by Member
Collins, and duly carded, to approve the Minutes of the following Meetings:
August16,2001
August28,2001.
This Resolution was duly adopted (4-0). (Member Tort. ora was absent during this Resolution.)
(Agenda Item V - No Executive Session was held.)
There being no other business properly coming before the Board at this time, the Chairman
declared the meeting adjourned. The meeting was adjourned at approximately 12:20 a.m.
Respectfully submiEed,
Linda Kowalski
Deci.si..o~8) ..~ .8'~a rd Secretary
Approved - Gerard ~oe~ringe~rm~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Din/z/o, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEAI,S
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4984- SAM and PHYLLISCONSTAN Parcel No. 1000-98-5-17.5
STREET & LOCATION: 6002 Indian Neck Lane, Peconic
DATE OF PUBLIC HEARING: August 16, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is an improved lot
located off the south side of Indian Neck Lane in Peconic, with access along a 16'
right-of-way. The' applicants' property contains 3.324 acres with 221.31 feet on Hog
Neck Bay.
BASIS OF APPLICATION: Building Inspector's May 30, 2001 Notice of DisapprOval,
denying a permit to build alterations to the existing one-family dwelling with a height
above 2-112 stories as provided under Section 100-32 of the Zoning Code because
the existing upper area referred to as a "third level" by the Building Department will
be altered with a bathroom area.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing
alterations within the interior of the existing single-family house by adding a
bathroom to the upper bedroom area, which upper area has existed for many years
for use as two bedrooms. The proposed bathroom will be using the upper-most
floor area, which has been used as a bedroom/closet area, not newly finished space.
ADDITIONAL INFORMATION: The applicant acquired the property with single-family
dwelling on August 1, 2000 by deed recorded at Liber 12064 cp 806 (Cost: $1.86M
without new renovations/alterations).
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 arch itectural plans dated 3-17-01 show an existing third-floor bedroom
area and attic areas.
2. The existing house has various ~oof lines and angles. As read from the
plans, the average height is within the 35-foot limit of the Code. The square footage
of the third-floor bedroom suite is less than 25 percentof the ground floor footprint,
and the presence of the third floor does not affect the com pliance of the roofline
with the 35-foot limit.
Page 2 - September 20, 2001
ZBA Appl. No. 4984 - S. and P. Consta,
Parcel 1000-98-5-17.5 at Peconic
3. The elevation drawing shows that there will be no height change to the
exterior. The height of the new. bathroom area is within the roof lines of the existing
dwelling as well as adjacent loft and additional living area.
4. The house is set back about 900 feet from Indian. Neck Lane, a public
street.
5. Based on the information provided and the foregoing factors, the Board
concludes that applicant/agent failed to prove sufficient reason as to why a
comprehensive fire suppression sprinkler system cannot be installed in this home
built in the 1920's which is undergoing a total renovation with most internal walls
removed at time of Board Member inspection.
6. The nature of the application was to construct habitable additions to the
third story of this large dwelling within existing Tudor-style roof.
7. After physical inspection by the Board, the following was found on the
third story:
a) Two preexisting seasonal bedrooms;
b) Open unfinished areas adjacent and contiguous to these rooms;
c) Large vaulted loft over the (lower) living room/family room areas;
d) Proposed third-story bathroom facility.
8. Testimony from the applicant's architect indicated that large vaulted area
over the first story was in fact the second story of the new addition. The vaulted
area above living area is to be used as living area and is accessible from third story
level. These areas are therefore deemed to be third-story living area.
In summary, the action of the Board is the minimum necessary to construct the
alteration and installation of a new bathroom facility and vaulted living area as
mentioned within the confines of existing roof lines of the Tudor-style steep roof,
while preserving and protecting the individual occupants and residents of the
dwelling, as per Code, to include all new and existing construction, on all floors.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member
Tortora, it was
RESOLVED, to require a comprehensive tim-suppression sprinkler system in
all habitable rooms of said dwelling as per Code to include all new construction
areas, on all floors; and BE IT FURTHER
Page 3 - September 20, 2001
ZBA Appl. No. 4984 - S. and P. Constan
Parcel 1000-98-5-17.5 at Peconic
RESOLVED, to deny use of the third story habitable area requested in this
application until a comprehensive fire-suppression sprinkler system has been
installed and fully operative throughout the house at all times.
This action does not authorize or condone any current or future use, setback
or other feature of the subject property that violates the Zoning Code, other than
such uses, setbacks and other features as are expressly addressed |n this action.
Vote of the Board: Ayes: Members Goehringer, Tortora and Homing. Nays:
Members Dinizio and Collins. Th~~.,~[eff~/~/
~ Approved Filing
10~/01
for
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S'. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS AND DETERMINATION
September 20, 2001 Meeting
Appl. No. 4992 - PATRICK L. CARPENTER
Location of Property: 235 Orchard Road, Southold
Date of Public Headng: September 20, 2001
1000-66-2-21
Findings of Fact
PROPERTY FACTS: Applicant's property is located at Beixedon in Southold. The property consists
of approximately 13,700 sq. ft, with 92.12 ft. along Orchard Road (a pdvate road) and a lot depth of
145.54 ft. on the west side and 161.86 ft. on the east side. The property '~s improved with a one-
family, one-story frame house, accessory garage located in the side yard and small shed in the rear
yard, as shown on the map of November 8, 1973 prepared by Roderick VanTuyl. P.C.
BASIS OF REQUEST: Building Department's July 16, 2001 Notice of Disapproval for the reason
that under Article XXVI, Section 100-244, the proposed addition will be less than 35 feet from the
front property line.
AREA VARIANCE RELIEF: The applicant proposes to construct a 6 ft. by 29 ft. one-stow addition
at the front of the existing one-story dwelling with a setback of 32 feet from the front line.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of an area variance will not produce an undesirable change in the character of. the
neighborhood or a detriment to nearby properties. The applicant wishes to construct a 6 ft. by 29 ft.
covered porch, which will be open on three sides to the front of the existing one-stow dwelling. The
addition will be located 32+- feet at the closest point from the front yard property line. The proposed
front yard setback is similar to others in the community an(: will have no impact on the adjoining
properties or the neighborhood.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than area variances because applicant's existing front yard is 38+- feet at the closest
point to the dwelling, and any addition would require a vadance from the 35-foot front setback
requirement..
3. The requested area variance is not substantial and represents an 3-foot reduction in the code
required 30 ft. setback requirement.
4, The proposed variance will not have an adverse effect or impact on the physical or environmenta
conditions in the neighborhood or district., No evidence has been submitted to suggest that the new
addition will have an adverse impact on physical or environmental conditions.
Page 2 - September 20, 2001
ZBA Appeal No. 4gg2 - P. Carpenter
1000-66-2-21 at Southold
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member.Horning, it was
RESOLVED, to GRANT the variance as applied for.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing.
This Resolution was duly adopted (5-0).
APPEA 'IzS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEAI,S
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4993 - MICHAEL and JOANN DEANGELO
STREET & LOCALITY: 2080 Elijah's Lane, Mattituck
DATE OF PUBLIC'HEARING: September 20, 2001
PARCEL 1000-108-3-5.015
FINDINGS OF FACT
PROPERTY FACTS: The subject property is a lot of approximately 40,000 sq. ft. in
Mattituck with frontage of about 217 feet on Elijah's Lane and depth of about 188 feet. It
is improved with a one-family home. The rear yard contains a frame shed and
playground equipment.
BASIS .OF APPEAL: Building Inspector Notice of Disapproval, dated July 25, 2001,
denying a permit to erect an above-ground swimming pool because the proposed
location is in the northerly side yard whereas Code section 100-33 requires that it be in
the rear yard
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing
erection of the pool in the proposed side yard location, 50 feet from the northerly lot line
and 93 feet from Elijah's Lane.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
1. Grant of an area variance will not produce an undesirable change n the character of
the neighborhood or a detriment to nearby properties. The proposed location is far
enough back from Elijah's Lane that the pool should not be a visible intrusion into the
neighborhood.
2. The benefit sought by applicant cannot be achieved by some method, feasible for
appellant to pursue, other than area variance because the cesspool precludes locating
the pool in the southerly rear yard, and that locating it in the northerly rear yard would
require removal of established evergreen screemng.
3. The requested area variance is not substantial.
4. Grant of the variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. No evidence was presented to
suggest that the physical or environmental conditions in the neighborhood would be
Page 2 - September 20. 2001
Appl. No. 4993 - M. DeAngelo
1000-108-3-5.015 at Mattituck
adversely impacted. Similar swimming pools exist in the neighborhood.
5. The action set forth below is the minimum necessary to enable applicant to enjoy the
benefit of a swimming pool while preserving and protecting the character of the
neighborhood and the health, Safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman
Goehringer, it was
RESOLVED, to GRANT the vadance as applied for.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that violates the Zoning Code, other than such uses
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio and Horning Nay:
Member Collins. (Absent during this Resolution was Member Tortora). This Resolution
was duly adopted (3-1).
~C ~i~rrmd aPr~ Goehringer
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio. Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4996- RICHARD FEVOLA PARCEL 1000-104.9-14
STREET & LOCALITY: 220 Broadwaters Road, Cutchogue
DATE OF PUBLIC HEARING: September20, 2001
FINDINGS OF FA C T
PROPERTY FACTS: The subject property is a lot of 23,697 sq. ft. on Nassau Point, 60
feet wide and running 442 feet (southerly lot line) and 364 feet (northerly lot line) from
Broadwaters Road to Haywaters Cove. It is improved with a 1-1/2 story frame dwelling,
a garage and a frame building bear the water, according to a survey by Joseph Ingegno
dated February 3, 2001.
BASIS OF APPEAL: Notice of Disapproval, dated July 27, 2001 denying a permit to
alter the dwelling because, since the existing side yards a 9.3 feet a d 5 feet are
nonconforming, the proposed expansion would increase the building's degree of
nonconformity. Code section 100-244 requires a minimum side yard of 15 feet and a
minimum side yard total of 35 feet.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing
renovation of the dwelling as proposed.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
1.The house has stood for many years. Applicant has recently purchased the
property and is undertaking repairs and modernization. As part of this, he proposes to
expand the existing upper floor but without an increase in the number of rooms or
change in the footprint.
2. The nonconforming side setbacks have existed for many years and will not be
changed by the proposed construction. No objection was heard from the abutting
neighbors. For these reasons, grant of the requested variance will not produce an
undesirable change in the character of the neighborhood or detriment to nearby
properties.
3. There is no evidence that grant of the requested variance will have an adverse
effect or impact on physical or environmental conditions.
Page 2 - September 20, 2001
Appl. No. 4996 - R. Fevola
1000-104-9-14 at Cutchogue
4. The action set forth below is the minimum necessary to enable applicant to
enjoy the benefit of a modernized and improved 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 Collins, seconded by Chairman
Goehringer, it was
RESOLVED, to GRANT the variance as applied for.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio, Tortora Collins,
and Homing. This F~esolution was duly adopted (5-0).
~"~Gerard--P. Goehrin~er -
/
~- A_--Chairman /
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box ~179
Southold, New York 11971
ZBA Fax (631) 765~9064
Telephone (631) 765-1809
FIN DINGS AND DETERMINATION
September 20. 2001 Meeting
Appl. No. 5001 - DINA MASSO 1000-111-13-4
Location of Property: 5705 Nassau Point Road, Cutchogue
Date of Public Hearing: September 20, 2001
Findings of Fact
PROPERTY FACTS: Applicant's property is located at Nassau Point in Cutchogue, and has 100.48
ft. frontage along the easterly side of Nassau Point Road. The property consists of 34,508+- sq. ft.
in area and is improved with a one-family, one-story frame house with wood deck areas and cabana.
The existing dwelling construction is more particularly shown on the survey prepared by Peconic
Surveyors, P.C. dated January 23, 1989.
BASIS OF REQUEST: Building Department's July 31, 2001 Notice of Disapproval for the reason
that under Article XXVI. Section 100-244, and Section 100-242A, the proposed two-story addition
and proposed structural alterations to a nonconforming structure on a nonconforming lot (with a
conforming use as a dwelling) is not permitted unless the side yard is a mimmum of 15, and having a
total of thirty-five feet.
AREA VARIANCE RELIEF: The applicant proposes to construct alterations and addition over the
existing footprint and maintaining the same nonconforming southerly side yard at 10 feet, at its
closest point, shown on the 11-17-00 plans prepared by Donald G Feller, R.A.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of an area variance wil not produce an undesirable change ~n the character of the
neighborhood or a detriment to nearby properties. Applicant proposes to create a second-stow
addition over the southerly part of the existing one-stow dwelling, following the footprint of the
existing first floor one-stow dwelling which has a preexisting nonconforming side yard from the
foundation - except for an 80 sq ft. area on the south/west side of the first floor which is conforming
and is not subject to this variance request. The southerly side yard property line contains mature
trees where the addition ~s proposed, and provides a buffer between the properties.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than area variances because the existing side yard setback is nonconforming, and the
applicant wishes to build a second stow addition over the existing first floor foundation.
3 The requested area variance is not substantial and represents a variance for an area of 5 feet by
27.6 feet. or approximately 138 sq. ft.
Page 2 - September 20, 2001
ZBA Appeal No. 5001 - D. Masso
1000-111-13-4 at Cutchogue
4. The proposed variance will not have an adverse effect or impact on the physical or enw ronmental
conditions in the neighborhood or district. No evidence has been submitted to suggest that the
physical or environmental conditions in the neighborhood would be adversely impacted by this
addition as proposed.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Horning, it was
RESOLVED, to GRANT the variance as applied for.
Vote of the Board: Ayes:
This Resolution was duly adopted (5-0).
~' Chairman
Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing.
' APPI~ALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lorn S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No: 4974 - RICHARD HAMMEL (Owner, J. DEMPSEY) 1000-77-1-25.
STREET & LOCATION: 2155 Cedar Avenue, Southold
DATE OF PUBLIC HEARING: July 12, 2001; August 16, 2001; August 28, 2001
FINDINGS OF FACT
PROPERTY FACTS: The applicant's property is referred to as Nos. 208 through Lot 215
on the Map of Goose Bay Estates Southold, filed in 1934. The property is a triangular
vacant lot of 12,639 sq. ft., with frontage of 164.45 feet on Birch Avenue (west line), 173.07
feet on Cedar Avenue (east line), and 120 feet on the southerly line. The elevation dses
from 38 feet at the southwest comer to 54.5 feet at the southeast comer, all as shown on a
survey by John T, Metzger, .L.S. dated'December 6, 2000, updated January 19. 2001.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated March 18, 2001,
denying a permit to build a house because the proposed setback of 22 feet from Birch Ave.
was less than the 35-foot front yard required under Code section 100-244B, and the
proposed setback of 10 feet from the southerly lot line was less than the 35-foot rear yard
required under Code section 100-244B. The Building Inspector determined that, pursuant
to section 100-232A, the southerly yard is a rear yard.
AREA VARIANCE RELIEF REQUESTED: Applicant initially requested a variance
authorizing the location of a new house as proposed in the building permit application.
Following the hearing of July 12th, applicant submitted a new site plan dated August 16,
2001. and drawn on the survey of December 6, 2000: showing the house moved to the
north with resulting setbacks of 25 feet on both Birch and Cedar Avenues and 20 feet on
the south. Applicant'requests a variance authorizing these front yard setbacks.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
I This is a small triangular lot with two front yards and a rear yard. It is essentially
im possible to build on the lot without setback variances of some sort. Construction on the
lot is further constrained bythe steep slope down from Cedar to Birch Avenue.
2. Neighbors expressed concern that construction will cause flooding and erosion.
In the revised site plan dated August 16, 2001, applicant responded with plans for drywells
and drains, and a proposal that.the northerly part of the property remain permanently
undisturbed.
Page 2 - September 20, 2001
Appl. No. 4974- R Hammel (J. Dempsey)
1000-77-1-25 at Southold
3. At the hearing on August 28, 2001, applicant submitted a landscaping plan by
Derek Bosson, dated August 2001, showing the undisturbed area mentioned in paragraph
2 as well as the planting of 6-foot Leyland spruces on 5-foot centers along the southerly lot
line. The plan also shows retaining walls, drains connected to .the drywelts shown in the
site plan dated August 16, 2001, and hay bales and silt fences to be in place during
construction.
4. The Board believes there could be runoff problems resulting from the clearing of
the property. The action set forth below includes conditions intended to mitigate such
problems, and the Board believes that for this reason the action set forth below will not
have an adverse effect or impact on physical or environmental conditions.
5. The proposed setbacks of 25 feet in the two front yards and 20 feet in the rear
yard are significantly less than the required 35 feet. However, the size and shape of the
property make substantial variances necessary for virtually any construction. The
neighborhood is characterized by relatively small lots and modest setbacks, and the action
set forth below will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
6. The action set forth below is the minimum necessary to enable applicant to
construct a house on the subject property while preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it
was
RESOLVED, to DENY the initial request for a variance authorizing setbacks of 22
feet from Bi~ch Avenue and 10 feet from the southerly lot line, and ALTERNATIVELY to
GRANT a variance authorizing construction of a dwelling with minimum setbacks equal to
those set forth in the revised site plan dated August 16, 2001, :to wit, 25 feet from each of
Cedar and Birch Avenues and 20 feet from the southerly lot line. subject to the
CONDITIONS set forth below.
For purposes of setting forth CONDITIONS, the following documents are attached
to and made part of this decision: (1) the site plan dated August 16, 2001, drawn on a
survey by John ¥. Metzger dated December 6, 2000, and submitted by applicant at the
hearing on August 16, 2001; (2) the two-page landscape plan drawn by Derek Bosson.
dated August 2001, submitted by applicant at the hearing on August 28, 2001.
1. The provisions for drywells and for drains leading thereto, set forth in the
aforementioned plans, shall be implemented. Prior to the issuance of a Certificate of
Page 3 - September 20, 2001
Appl. No. 4974 - R. Ham reel (J. Dempsey)
1000-77-1-25 at Southold
Occupancy for any house erected on the subject property, the Southold Town Engineer, or
a Professional Engineer designated by him, shall confirm the adequacy of the drywells and
drains, based on his professional assessment of the provisions necessary to contain runoff
water on the site. Any costs associated with such confirmation shall be borne by applicant.
2. The provisions for hay bales and silt fences proposed in the aforementioned
landscape plan shall be implemented, and applicant shall make every effort to minimize
and control runoff and erosion during construction.
3. The buffer of evergreens on the southerly property line, proposed in the
aforementioned landscape plan, shall be installed and continuously maintained.
4. Pdor to the issuance of a Certificate of Occupancy for the proposed dwelling, the
owner of the subject property shall execute and file with the Suffolk County Clerk a
covenant imposing the following constraints on the property:
A. There shall be no disturbance, now or at any future time, on the triangular
segment of the property bordered by E~irch Avenue, Cedar Avenue, and a line
drawn perpendicular to Birch Avenue, beginning on Birch Avenue at a point 135
feet from the southeast comer of the property and running to Cedar Avenue, as
shown on the site plan dated August 16, 2001, and marked "limit of clearing."
B. There shall be no more than one driveway on the property, and any such
driveway shall be of water-pervious construction.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio. Collins, and Homing.
(Absent during this Resolution was Member Tortora.) This Resolution was duly adopted
(4-0).
hairm ·
APPEALS BOARD MEMBERS
Gerard E Goehringer, 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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4984 - SAM and PHYLLIS CONSTAN Parcel No. 1000-98-5-17.5
STREET & LOCATION: 6002 Indian Neck Lane, Peconic
DATE OF PUBLIC HEARING: August 16, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is an improved lot
located off the south side of Indian Neck Lane in Peconic, with access along a 16'
right-of-way. The applicants' property contains 3.324 acres with 221.31 feet on Hog
Neck Bay.
BASIS OF APPLICATION: Building Inspector's May 30, 2001 Notice of Disapproval,
denying a permit to build alterations to the existing one-family dwelling with a height
above 2-112 stories as provided under Section 100-32 of the Zoning Code because
the existing upper area referred to as a "third level" by the Building Department will
be altered with a bathroom area.
AREA VARIANCE RELIEF REC~UESTED: Applicant requests a variance authorizing
alterations within the interior of the existing single-family house by adding a
bathroom to the upper bedroom area, which upper area has existed for many years
for use as two bedrooms. The proposed bathroom will be using the upper-most
floor area, which has been used as a bedroom/closet area, not newly finished space.
ADDITIONAL INFORMATION: The applicant acquired the property with single-family
dwelling on August 1, 2000 by deed recorded at Liber 12064 cp 806 (Cost: $1.86M
without new renovations/alterations).
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 architectural plans dated 3-17-01 show an existing third-floor bedroom
area and attic areas.
2. The existing house has various roof lines and angles. As read from the
plans, the average height is within the 35-foot limit of the Code. The square footage
of the third-floor bedroom suite is less than 25 percent of the ground floor footprint,
and the presence of the third floor does not affect the compliance of the roofline
with the 35-foot limit.
Page 2 - September 20, 2001
ZBA App[. No. 4984 - S. and P. Constan
Parcel 1000-98-5-17.5 at Peconm
3. The elevation drawing shows that there will be no height change to the
exterior. The height of the new bathroom area is within the roof lines of the existing
dwelling as well as adjacent loft and additional living area.
4. The house is set back about 900 feet from Indian Neck Lane, a public
street.
5. Based on the information provided and the foregoing factors, the Board
concludes that applicant/agent failed to prove sufficient reason as to why a
comprehensive fire suppression sprinkler system cannot be installed in this home
built in the 1920's which is undergoing a total renovation with most internal walls
removed at time of Board Member inspection.
6. The nature of the application was to construct habitable additions to the
third story of this large dwelling within existing Tudor-style roof,
7. After physical inspection by the Board, the following was found on the
third story:
a) Two preexisting seasonal bedrooms;
b) Open unfinished areas adjacent and contiguous to these rooms;
c) Large vaulted loft over the (lower) living room/family room areas;
d) Proposed third-story bathroom facility.
8. Testimony from the applicant's architect indicated that large vaulted area
over the first story was in fact the second story of the new addition. The vaulted
area above living area is to be used as living area and is accessible from third story
level. These areas are therefore deemed to be third-story living area.
In summary, the action of the Board is the minimum necessary to construct the
alteration and installation of a new bathroom facility and vaulted living area as
mentioned within the confines of existing roof lines of the Tudor-style steep roof,
while preserving and protecting the individual occupants and residents of the
dwelling, as per Code, to include all new and existing construction, on all floors.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member
Tortora, it was
RESOLVED, to require a comprehensive fire-suppression sprinkler system in
all habitable rooms of said dwelling as per Code to include all new construction
areas, on ali floors; and BE IT FURTHER
Page 3 - September 20, 2001
ZBA Appl. No. 4984 - S. and P. Constan
Parcel 1000-98-5-17.5 at Peconic
RESOLVED, to deny use of the third story habitable area requested in this
application until a comprehensive fire-suppression sprinkler system has been
installed and fully operative throughout the house at all times.
This action does not authorize or condone any current or future use, setback
or other feature of the subject property that violates the Zoning Code, other than
such uses, setbacks and other features as are expressly addressed in this action.
Vote of the Bo. ard.: Ayes: Members Goehringer, Tortora and Horning. Nays:
Members Dinizio and Collins. Th~~~~)__~
~ 10~101 Approved for Filing
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4991 - BARBARA J. MARTIN PARCEL 1000-55-5-15
STRE ET & LOCALITY: 2355 Boisseau Avenue, Southold
DATE OF PUBLIC HEARING; September 20, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's property consists of a total area of 2.43-acres
parcel with 229.71 ft. along.the west side of Boisseau Avenue in Southold. The property is
improved at the west end of the property with a two-story frame dwelling and two accessory
buildings. The property is located in the R-80 Residential Zone District on the westedy portion of
the property, and in the R-40 Low-Density Residential Zone District on the eastedy portion of the
property.
BASIS OF APPEAL: The Building Inspector's May 1, 2001 Notice of Disapproval, citing Section
100-32 Bulk Schedule of the Zoning Code, based on applicant's request for a lot of less than
80,000 sq. ft. in the R-80 zoned portion of the property, in this proposal for a two-lot subdivision, or
set-off project. The westedy lot, proposed as Lot #2 on the Map of John C. Ehlers, L.S., is
proposed with a land area of 65,740+- sq. ft., inclusive of the 20.62 ft. strip extending from the
street.
RELIEF REQUESTED: Proposed Lot #2 with a total land area of 65,740+- sq. ft. The amount of
relief requested is 14,260 sq. ft., or 17.8% of the code requirement. (The remaining lot as
proposed (Lot #1) will conform to the m~nimum 40,000 sq. ft. requirement in the R-40 Zone
District.)
REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the
Board finds that:
1. Grant of an area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The proposee rear lot will be a minimum of one
acre (43,560 sq. ft.) and is similar in size to other properties in the neighborhood. Nearby lots
range from 15,000+- sq. ft. to 2.1 acres. The total land area as exists with 2.43 acres is one of the
largest lots in the immediate area. The subdivision in the AHD Zoning District on the eastedy side
of Boisseau Avenue is corn prised of 50 or more lots containing lot sizes of 20,000+- sq. ft.
2. The benefit sought by applicant cannot be achieved by .some method, feasible for appellant to
pursue, other than an area variance. The total lot area is insufficient to create two lots in
conformity with the code.
.... 3. The requested area variance is not substantial. The rear lot will meet 82% of the requirement;
~Page 2 - September 20, 2001
Appl. No. 4991 - B. Martin
1000-55-5-15 at Southold
the front lot will meet 100% of the requirement.
4. The difficulty has not been self-created and was created by the deeded size of the 2.43-acre
parcel, created more than 40 years ago.
5. The proposed vadance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. No evidence has been submitted to
suggest that the proposed lot of 65,740+~ sq. ft. in this proposed set off division will have an
adverse impact on physical or environmental conditions in the neighborhood.
RESOLUTION/ACTION: On motion by Member Dinizio seconded by Member Tortora, it was
RESOLVED, to GRANT the variance as applied for.
Goehringer (Chair inizio, ra, lins and
VOTE OF THE BOARD: Ayes: Members (5-0)
Homing. This Resolution was duly adopted
/~G~ERARD P. GOEH~:~NGE~R, CH~)~IRMAN
~r2PEA .LS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 20, 2001
Appl. No. 4988 - KEVlN SHANNON PARCEL 1000-56-5-39
STREET & LOCALITY: 1077 Bay Home Road, Southold
DATE OF PUBLIC HEARING: September 20, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 24,733 sq. ft. The property
is 104.76 ft. wide x 224.72 ft. x 109.42 ft. x 229.30 ft. The June 6, 2001 map prepared by Peconic
Surveyors, P.C. show the stone rip rap and wood platform area along the beach area and the
existing single-family two-story frame home, situated approximately 87 feet from the Bay.
BASIS OF APPEAL: The Building Inspector's July 5, 2001 Notice of Disapproval disapproved
applicants request for a six ft. deck at the rear of the house for the reason that the deck addition is
less than seventy-five (75) feet from the dp rap/bulkhead, citing Section 100-239.4B of the Zoning
Code.
RELIEF REQUESTED: Proposed addition at the rear of the dwelling, extending 6 ft. from the
existing porch area, and extending for a length of 42+- feet wide. The setback is proposed at
roughly 62 feet from the rip-rap.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the
Board finds that:
1. Grant of an area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The
proposed uncovered deck addition for a new deck will increase the depth of the existing porch by
six feet and lengthen it by 14 feet.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance. The dp-rap structure is functional as a barrier between the
waters edge and upland property. The deck will be 75 feet or greater from the Bay.
3. The requested area vadance is not substantial. The amount of relief requested is 14 feet at its
closest point, which will meet 81% of the requirement.
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. No evidence has been submitted to
suggest that the proposed uncovered deck and porch extension will have an adverse impact on
physical or environmental conditions in the neighborhood.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was
Page 2 - September 20, 2001
ApI~I. No. 4988 - Kevin Shannon
1000-56-5-39 at Southold
RESOLVED, to GRANT the variance as applied for.
VOTE OF THE BOARD: Ayes: Members Goehringer (C?.b.~3Ja~a,n), Dinizio~,_T.~rtora, Collins, and
was duly ado pted( 5-0).~E P'~GOE /.~.E~R, C~
H orning. This Resolution 0). /,"~R,~ARD ~,~ H RiN(~