HomeMy WebLinkAboutZBA-10/25/2001 SPECAPPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEA1,S
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (63!) 765-9064
Telephone (631) 765~1809
MINUTES
THURSDAY, OCTOBER 25, 2001
SPECIAL MEETING
A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road; Southold, New York 11971, on Thursday, October 25,
2001 commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizi0, Jr., Member
Lydia Tortora, Member
Lora S. Collins, Member
Also present was Linda Kowalski, Secretary to ZBA.
Absent was: Member George Horning (excused).
6:33 p.m. The Chairman called the meeting to order, and proceeded as follows:
Re: Field visits. The Chairman confirmed that he recently re-visited the properties regarding
the Mark.Levine and Arline Youngman applications.
Re: E. Baylis follow-up: Member Collins indicated that the drafted Covenants from Gary Olsen,
Esq. were acceptable, and Chairman Goehringer said he will send a letter to Mr. Olsen to
proceed with the filing of the Covenants in accordance with the ZBA decision rendered last
month.
STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS IA.qenda Item I:
A. Lead Agency Coordination Request from P.B. for ZBA Comments regarding J. GIAN-
NARIS and HELLENIC CABINS. NIs Main Road, East Marion. Comments requested by 11115,
The Chairman asked Member Collins to review the material submitted, and follow-up.
Information was missing from the referral to indicate the status with the County Health
Department, which was one of the reasons stated as a need for the variance in the appeal
application. Additional information was requested regarding the environmental review; there
was no Member objection to the Planning Board taking lead agency for the Involved Agencies.
B. Lead Agency Coordination Request from P.B. for ZBA Comments regarding Riverhead
Building and Supply. No map was submitted with the referral for the ZBA to review and are
requested. There was no Member objection by ZBA Members to the Planning Board's
continuing as lead agency for the Involved Agencies.
PUBLIC HEARINGS (A.qenda Item I1:
Page 2 - Minutes
Meeting of October 25. 2001
Southold Town Board of Appeals
6:39 p.m. The following hearings were reconvened toqether. The Chairman asked if anyone
was present to offer testimony or documentation. Please see the written Transcript of hearings
for actual statements. RESOLUTION ADOPTED: At the end of the hearing(s), motion was
offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the
following hearings. (See deliberations/determinations which followed).
1) Appl. No. 5010 - ROBERT DIBLASI. Request for a Variance under Sections 100-242A and
100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval. Applicants are
proposing to construct additions/alterations to an existing dwelling with a setback at less than
35 feet from the front line and with lot coverage over twenty (20%) percent. Lo&ation: 560
Bayview Drive, Gardiners Bay Estates, East Marion; 37-5-1. (Note: On 10/23 W. Sambach, P.E.
submitted a letter confirming engineering calculations for lot coverage for review.)
DELIBERATIONS/DECISION ADOPTED: The Board Members deliberated and Action was taken
approving the application as applied for. Please see official Findings, Deliberation and Decision
filed with the Office of the Town Clerk, and a copy of which is attached to this set of Minutes as
though fully written and set forth herein.
2) Appl. No. 5006 - ANTONE VOLINSKI. Request ~or Variances under Section 100-33B, and~,.,~,
Section 100-244B, based on the Building Inspectors'2001 Notice of Disapproval. Applicant~ ~
requests approval of the existing shed in a rear yard location at less than three (3) feet, and with~~,?
a lot coverage of 64+- sq. tt. over that granted under Appeal No. 4133. Location of Property: 17
Middleton Road, Greenport, Lot #5 on the Map of Fleetsfield; Parcel 1000-40-5-6.
3) Appl. No. 5000- GERALD AND DOROTHY WANSOR. Request for a Variance under Section
100-242A, and Section 100-244, based on the Building Inspector's July 27, 2001 Notice of
Disapproval. Applicants are proposing to construct additions/alterations to an existing dwelling
with a setback at less than 40 feet from the front line. Location of Property: 1525 Vanston
Road, Cutchogue; Parcel 1000-111-4-12.
4) Appl. No. 5013 - ARLINE YOUNGMAN. This is a request for a Variance under Section 100-
33C, based on the Building Inspector's August 14, 2001 Notice of Disapproval. Applicant is
proposing to construct an accessory garage at less than 40 feet from the front property line.
1010 Salt Marsh Lane, Peconic; 68-3-6.
5) Appl. No. 5009 - LOUISE PECORARO. Request for a Variance under Code Sections 100-33
and 100-244B, based on the Building Inspector's August 23, 2001 Notice of Disapproval.
Applicant is proposing to construct additions/alterations which will be less than thirty (35) feet
from the' edge of the rear lot line, and which will place the existing accessory shed in a side
yard. Location: 2125 Hyatt Road, Southold; 54-1-9.2.
6) Appl. No. 5008 - MANZI HOMES. Request for a Variance under Code Section 100-244B,
based on the Building Inspector's August 17, 2001 Notice of Disapproval. Applicant is
proposing to construct a balcony addition which will be less than 60 feet from the rear lot line~
at 400 Rene Drive, Southold; Parcel 54-6-4.4.
Page 3 - Minutes
Meeting of October 25, 2001
Southold Town Board of Appeals
7) Appl. No. 5011 - PAULA DANIEL and TIMOTHY TRUJILLO. Request for a Variance under
Section 100-244B, based on the Building Inspector's August 28, 2001 Notice of Disapproval.
Applicants are proposing an addition and alterations to existing single-family dwelling which
does not meet the minimum rear yard setback of 50 feet. 580 Soundview Avenue West,
Peconic; 74-2-6.
8) Appl. No. 5012 - SHAWN AND JOLYNE FITZGERALD. This is a request for a Variance under
Section 100-231B, based on the Building Inspector's August 3, 2001 Notice of Disapproval.
Applicants are proposing to construct an accessory tennis court with fence enclosure over 6.5
feet in height at 495 Paddock Way, Mattituck; 107-4-2.1.
9) Appl. No. 5002 - JAMES R. GIAMBALVO. This is a request under Code Section 100-26 for a
Lot Waiver to Unmerge property shown as 1000-106-6-32 from 1000-106-6-31. This request is
based on the Building Inspector's August 2, 2001 Notice of Disapproval which states that Lot 32
has merged with an adjacent lot to the east (106-6-31) pursuant to Section 100-25 which has
been held in common ownership at any time after July 1~ 1983. #300 and #248 North Drive at
Shores Acres, Mattituck.
10) Appl. No. 51314 - ALVIN BERMAN and ELLEN BUCHBINDER-BERMAN. Appeal for an
Interpretation of Section 100-239.4 to confirm the location of the top of the bluff, or bank, of the
Long Island Sound. Applicants, in the alternative, request a Variance under Section 100-239.4
based on the Building Inspector's September 7, 200'1 Notice of Disapproval, which states that
the dwelling is less than t00 feet from the top of the bluff or bank, at 215 Hill Crest Drive North,
Orient; 13-2-8.016.
11) Appl. No. 5015 - SHIRLEY G. DARLING. Request for a Variance under Section 100-33, based
on the Building Inspector's August 31, 2001 Notice of Disapproval. Applicant is proposing to
demolish an existing shop building and construct an accessory garage structure in an area
other than the required rear yard and with lot coverage in excess of the code limitation of 20
percent of the total lot size. 48920 Main Road, Southold; 70-7-9.
(The above hearings were concluded at 6:40 p.m.)
OTHER DELIBERATIONS/DECISIONS (Agenda Item III): The Chairman proceeded with Agenda
Item III as follows:
Approved as applied for:
Appl. NO. 5006 - ANTONE VOLINSKI.
Appl. No. 5009 - LOUISE PECORARO.
Appl. No. 5008 - MANZI HOMES
Appl. No. 5002- J. GIAMBALVO.
Page 4 - Minutes
Meeting of October 25. 2001
Southold Town Board of Appeals
DELIBERATIONS/DECISIONS, continued:
Approved with conditions:
Appl. No. 5000 - GERALD AND DOROTHY WANSOR.
Appl, No. 5013 - ARLINE YOUNGMAN.
Appl. No. 5012 - S. and J, FITZGERALD.
(Also see other Decisions rendered after the next two hearings.)
PUBLIC HEARINGS (A.qenda Item II, continued):
7.'-07 p.m. Appl. No. 4997 - MICHAEL CARBONE. Request for a Variance under Article
XXIII, Section 100-239.4B, based on the Building Inspector's June 26, 2001 Notice of Disapproval
for a proposed new dwelling, after removal of the existing house, The new dwelling will be at
less than 75 feet. from the bulkhead. Location of Property: 1580 North Bayview Road, Southol.d;
70-12-34. J. Fitzgerald of Proper-T Services spoke in behalf of the application..RES. OLUTION~
ADOPTED: At the end of the hearing, Chairman Goehringer moved to close the hearing,~
seconded by Member Dinizio, and duy carried. This Resolution was duly adopted (4-0).
DEMBERATIONS/DEClSION ADOPTED: Following the hearing, the Board deliberated and voted
to approve Appl. No. 4997 (Carbone). (Member Tortora abstained from vote.) Please see official
Findings, Deliberation and Decision filed with the Office of the Town Clerk, and a copy of which
is attached to this set of Minutes as though fully written and set forth herein.
RESOLUTION ADOPTED (Agenda Item 11-8): Motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to CONFIRM Appl. No. 5016 as WITHDRAWN
WITHOUT PREJUDICE TO A NEW APPLICATION, as requested by the applicant-contract vendee
JOHN PRIZEMAN, concerning property of CHARLES WHELAN. This Resolution was duly
adopted (3-0). (Member Tortora briefly left the room and was absent during the vote on this
Resolution.)
DELIBERATIONS/DECISION ADOPTED (A.qenda Item III): Appl. No. 5011 - PAULA DANIEL and
TIMOTHY TRUJILLO. The Board Members deliberated and official action was taken to deny the
original request and grant alternative relief with conditions as noted on the attached official
Findings, Deliberation and Decision filed with the Office of the Town Clerk. A copy of this
official determination is attached to this set of Minutes as though fully written and set forth
herein.
PUBLIC HEARING (A.qenda Item II and III, continued):
7:32 - 7:42 p.m. Appl. No. 5007 - MARK LEVINE. Request for a Variance under Code Section~.. ~.y
100-239.4 and Section 100-32, based on the Building Inspector's August 10, 2001 Notice of
Page 5 - Minutes
Meeting of October 25, 2001
Southold Town Board of Appeals
Disapproval. Applicant was disapproved for new construction within 100 feet of the top of the
bluff, and for a set of stairs and observation deck above the 2-1/2 story height limitation of the
Code. 2510 Grandview Drive, Orient; 14-2-3.7. Testimony was offered by Abigail Wickham,
attorney for the applicant. DELIBERATIONS/DETERMINATION ADOPTED: After receiving
testimony, the Board deliberated and rendered a decision of approval with conditions. Please
see official Findings, Deliberation and Decision filed .with the Office of the Town Clerk, and a
copy of which is attached to this set of Minutes as though fully written and set forth herein.
MORE DELIBERATIONS/DECISIONS (Agenda Item III, continued): The Chairman proceeded with
Agenda Item ill as follows:
Approved with Conditions:
Appl. No. 5014- A. BERMAN and E. BUCHBINDER-BERMAN.
Appl. No. 5015 - S. DARLING
Agenda Item V. EXECUTIVE SESSION (none held).
WORK SESSION:
taken.
The Members reviewed and discussed pending files.
No action was
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 8:30
p.m.
Respectfully submitted,
Decisions Attached: (13)
Linda Kowalski
Board Secretary
Approved - Gerard P. Goehringer, Chairman
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
James Dinizio. Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEAI.S
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax ~631) 765-9064
Telephone (631) 765-1809
Appl. No. 5014- ALVIN BERMAN and ELLEN BUCHBINDER-BERMAN
STREET & LOCALITY: 2510 Grand View Drive, Mattituck
DATE OF PUBLIC HEARING: October 18 and October 25, 2001
1000-13-2-8.16
FINDINGS OF FACT
PROPERTY FACTS: The subject property is an unimproved parcel of 74,471 sq. ft. in
Orient with frontage of 150 feet on Hill Crest Drive North and about 200 feet at the high
water mark on Long Island Sound, with depth of about 433 feet (northeast side) and about
500 feet (southwest side). A survey by John C. Ehlers last updated October 9, 2000
shows both the Coastal Erosion Hazard Line and the "top of the slope" lying near the 75-
foot contour, with the "topographic top of the bluff" marked at about the 30-foot contour
line.
BASIS OF APPEAL: Building Department's Notice of Disapproval, dated September 7,
2001, denying a Building Permit for a proposed dwelling because it would be located
"approximately 35 feet from the top of the bluff" in violation of the 100-foot Setback required
under Code section 100-239.4A.
AREA VARIANCE RELIEF REQUESTED: Applicant initially requested a variance
authorizing construction of the dwelling in the location proposed in the Building Permit
application. At the headng on October 18, 2001, applicant referred to a Site Plan with
issue date October 15, 2001 and date stamped by applicant's architect's office on October
15, 2001. This Plan shows a setback of 72'6" from the Coastal Erosion Hazard Line to a
point on the seaward wall of the dwelling; a minimum setback of 63'9" can be scaled on
this Plan from the CEH Line to the dwelling's northeast corner. Applicant requests a
variance authorizing a dwelling in the location shown on this Plan.
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 record does not show from where the Building Department measured the
35-foot setback mentioned in the Notice of Disapproval. Applicant testified at the headng
on October 18, 2001 that, subsequent to issuance of the Notice of Disapproval and prior to
the hearing, applicant had tded unsuccessfully to get the Building Department to approve
the location shown on the Plan dated October 15, 2001, referred to at the headng.
2. The Ehlers survey referred to above shows a "topographic crest of the bluff' at
about the 30-foot contour line, but for purposes of applying Code section 100-239.4A in
Page 2 of 3 - October 25, 2001
Appl. No. 5014- A. Berman
13-2-8.16 at Orient
this case, the Board considers the appropriate point of measurement to be the Coastal
Erosion Hazard Line. The line marked "top of the slope~ on the Ehlers survey is just
landward of the CEH Line, which runs very close to the 75-foot contour line across much of
the property. From the 75-foot contour line to the 50-foot contour line, the downslope is
about 33%; from the 50-foot contour line to the 25-foot contour line, it is about 125%.
3. Applicant has obtained Town Trustee approval for a stairway down the bluff,
beginning at about the 70-foot contour line, Which is about where the slope of the bluff
becomes sharp. A French drain is to be installed between the stairs and the dwelling site
before construction begins. Based on this review by the Trustees, the Board concludes
that the action set [orth below will not have an adverse effect or impact on physical or
environmental conditions.
4. Applicant's property is relatively large and the proposed dwelling is within the
height, side yard and front yard requirements of the Code~ For these reasons, the action
set forth below will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
5. The action set forth below is the minimum necessary to enable applicant to enjoy
the benefit of the proposed 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 Member Tortore, it
was
RESOLVED, to DENY the variance requested and ALTERNATIVELY to GRANT a
variance authorizing construction of a dwelling with a minimum setback from the Coastal
Erosion Hazard Liner of 70 feet and SUBJECT TO THE FOLLOWING CONDITIOSN:
1) That there shall be no structures of any sort (including walls and patios)
between the dwelling and the Coastal Erosion Hazard Line other than the stairs and
French drain approved by-the Town Trustees.
2) That there be no water runoff which will cause erosion or damage to the bluff
areas, and that roof runoff be directed into storm water drains on site landward of the
dwelling.
3) Hay bales shall be placed north of the proposed construction area for the entire
width of the property.
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,
Page 3 of 3 - October 25, 2001
Appl. No. 5014 -A. Barman
13-2-8 16 at Orient
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairmanl, Dinizio, Tortora, and Collins,
(Member Homing of Fishers Island was absen~ti(,n ~va,s duly adopted (4-0).
/~ard P. Goehri'n ler,"'Chair~an
APPEALS BOARD MEMBERS
Gerard E 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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 4997 - Michael Carbone 1000-70-12-34
STREET & LOCATION: 1580 North Bayview Road, Southold
DATE OF PUBLIC HEARING: October 18 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the southerly side of
North Bayview Road in Southold. The property contains an area of 22,904 sq. ft. and is improved
with a single-family dwelling, as shown on the October 7, 2000 survey map prepared by Anthony
W. Lewandowski, LS.
BASIS OF APPLICATION: Building Inspector's June 26, 2001 Notice of Disapproval for the reason
that applicants' pro. posed new dwelling will be/ess than 75 feet from the existing bulkhead as
shown on the survey prepared by Stanley J. Isaksen dated March 23, 2001.
AREA VARIANCE RELIEF REQUESTED: Applicant is proposing to remove the existing dwelling
structure in its entirety and build a new dwelling as shown on the survey prepared by Stanley J.
Isaksen, Jr. dated March 23, 2001. The setbacks at the closest points to the existing bulkhead are
38 feet at the northwest corner and when using the scale furnished, at approximately 52 feet from
the center comer point of the dwelling.
ADDITIONAL INFORMATION: At the public headng held October 25, 2001 the agent for the
applicant clarified that the proposed dwelling location will not be closer to the bulkhead than the
existing footprint, and the Board of Appeals may rely on the corrected information, by applicant's
agent, that the existing closest setback from the bulkhead is 38 feet, not 40 feet as originally stated
in the application.
REASONS FOR .BOARD ACTION: The Board of Appeals held public headng¢~ on this matter on
October 18, 2001 and October 25, 2001, at which time written and oral evidence were presented.
Based on all testimony, documentation, personal observations by Members of the Board, and other
evidence presented, the Board finds the following to be true and relevant:
1 Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties. The proposed location of the new house will not
be closer to the bulkhead than that which exists, 38 feet. from the existing dwelling's footprint.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The location of the new dwelling will not be a
further increase in the true existing setback, and in fact will. in part, be a further distance from the
bulkhead than the dwelling to be removed.
3. The area variance is not substantial.
Page 2 - October 25, 2001
ZBA Appl. No. 4997 - M. Carbone
Parcel 1000-70-12-34 at Southold
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood because the variance will permit the new dwelling to
be located in the same footprint area (except for portions that are being moved somewhat
landward of the footprint).
5. The difficulty has not been self-created and is related to the existing nonconforming footprint
and layout of the land.
In considering this application, the Board deems this action to be the minimum necessary and
adequate for the applicants to enjoy the benefit of a new dwelling, after removal of the existing
dwelling, with deck, and that the grant of this vadance will serve the character of the neighborhood,
and the health, safety, welfare of the community
BOARD RESOLUTION: Now, therefore, on motion by Member Dinizio, seconded by Member
Collins, it was
RESOLVED, to GRANT the vadance requested, for location of a single-family dwelling, to
replace the existing dwelling, in a location shown on the survey map dated March 23, 2001, with
the condition that the setback not be closer than 38 feet, at its closest point to the bulkhead
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 (Chairma~.~r-~r~ziohand Collins. (Member Tortora
abstained.) (Member Horning was absent.) mh, i~solufion w~a~ dul~(3.~an,.d one
abstenti°n)'
e~r~rd P. Goe~hd~er, ~hairma~
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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5011 - PAULA DANIEL and TIMOTHY TRUJILLO 1000-74-2-6
STREET & LOCATION: 580 Soundview Avenue West, Peconic
DATE OF PUBLIC HEARING: October 18, 2001
FI NDINGS OF FACT
PROPERTY FACTS: The subject property is a parcel of 30,332 sq. ft in Peconic, with 100
feet of frontage on Soundview Avenue, a rear lot line of 138 feet, and depth of 298 feet
(east) and 267 feet (west). It is improved with a frame house and a shed
BASIS OF APPEAL: Building Department's Notice of Disapproval, dated August 20, 2001,
denying a Building Permit for an addition because it will produce a rear yard of 25 feet
whereas Code section 100-244 requires 50 feet.
AREA VARIANCE RELIEF REQUESTED: Applicants initially requested a variance
authorizing construction of the addition as originally proposed, with a 25-foot setback at the
closest point to the rear lot line. At the hearing on October 18, 2001,. applicants agreed to
move the proposed attached garage toward the front of the house, submitting an amended
plan for location at 31 fi. and 36 ft., respectfively, for which a rear yard variance is
requested.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
fincl ngs:
1. The house, which has existed for many years, is set back 184 feet from the
street, resulting in an existing rear yard of 52 feet at the closest point to the rear lot line.
Applicants' architect testified on October 18, 2001, that he and applicants had considered
many approaches to expanding the house and had concluded that the only realistic way is
to add at the rear, as this retains the character of the house and preserves southerly light
and air.
2 Applicants' original proposal for a 25-foot rear setback required a substantial
variance. The revised proposal for a location at 32 ft, 31 ft. and 36 ft. in the rear yard at
the closest points, a significant change. Because th e rear of the property is wooded, and
because the addition will not be a great deal higher that the existing house, grant of the
relief set forth below will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
Page 2 - October 25, 2001
ZBA Appl. No. 5011 - DanieI-Trujillo
1000-74-2-6 at Peconic
3. There is no evidence that grant of the relief set forth below will have an adverse
effect or impact on physical or environmental conditions.
4. The action set forth below is the minimum necessary to enable applicants to
enjoy the benefit of an expanded house with a garage 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 DENY the vadance originally requested, and ALTERNATIVELY to
GRANT a variance authorizing construction of an addition with a minimum rear setback of
· 31, 32 ft. and 36 ft. as depicted on the Site Plan revised October 22, 2001 and marked
received by this Department on October 22, 2001, subject to the CONDITION that the
Zoning Board of Appeals reserves the right to inspect the property up to the time of
issuance of a Certificate of Occupancy for the addition.
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 Goehdnge~r..(Gh-~nan), Dinizio, To~ora, ~3nd Collins.
This Resolution was duly adopted (4-0)~'r~b~r/.J,~rning,~/r~f~!~,~d~s absent. )
hGr~rerd P. Goehring~r, Chairman / ,o
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. NO. 5015- SHIRLEY DARLING 1000-70-7-9
Location of Property: 48920 Main Road, Southold
Date of Public Hearing: October 18, 2001 and October 25, 2001
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
PROPERTY FACTS/DESCRIPTION: Applicant's property is a 12,514 sq. ft. parcel with frontage
along two streets in Southold. The property is improved with a one-family, one-story frame
dwelling located at the extreme southedy corner of the property.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated August 31, 2001 denying
the location of an accessory garage building proposed in a front yard area.
RELIEF REQUESTED: Applicant requests a yard location vadance under Zoning Code Section
100-33 for a 16 x 30 ft. accessory garage building at five feet from the southeast property line and
approximately 50 feet from the easterly property line at Corwin 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 the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The applicant/ownedresident seeks to place an
accessory garage building in the same area (shown on the former survey for Baglivi dated
February 1, 1979) which was formedy occupied by an accessory workshop/garage.
2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue
other than an area variance. The lot is an irregular shape with an existing dwelling in the rear yard,
at the extreme southerly comer of the property. Placing the accessory garage in any other area
would require a variance because most of the remaining areas are "front" or"side" yards under the
definitions of the zoning code.
3. The area vanance is not substantial.
4. No evidence has been submitted to indicate an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. !f the application is granted, the result will
be the construction of an accessory building with a smaller footprint, with a greater setback from
neighboring property, and with more control over rain water direction and collection.
5. The action set forth below is the minimum necessary and at the same time preserves and
protects the character of the neighborhood and the health, safety and werfare of the community.
Page 2 - October 25, 2001
ZBA Appl. #5015 - S. Dading
1000-70~7-9 at Southold
RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was
RESOLVED. to GRANT the variance for the 16x30 ft. one-story accessory garage building, as
applied for, at five feet from the southerly property line and 50 feet from the easterly property line,
at its closest points.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate 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, Tortora, and Collins.
This Resolution rom Fishers Island was absent-
was duly adopted (4-0). (Member~.H~q:~g f
/.¢.'^,./
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEAI,S
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Appl. No. 5010- ROBERT D1BLASI 1000-37-5-1
Location of Property: 560 Bayview Drive, East Marion
Date of Public Headng: October 18, 2001 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's property is a 11,326+- sq. ft. parcel with street
frontage along three sides of the property. The property is improved with a split-level frame
dwelling with attached garage as shown on the November 8, 1995 survey prepared by Roderick
VanTuyl, P.C.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 27, 2001, denying an
application for a permit to build a three-ff, addition at the east side of the garage. The reason'for
the disapproval is that, under Section 100-244, the proposed addition to the existing garage area
does not meet the minimum 35 ft. setback from the north front line and that the lot coverage will
exceed the lot coverage limitation of the code.
RELIEF REQUESTED: Applicant requests a setback variance to locate a three-ff, extension on
the garage with a front setback at 19+- feet, and by adding 66 sq. ft. of lot coverage, confirmed by
the applicant's engineer, at 25.7% of the total lot area.
ADDITIONAL INFORMATION: At the public hearing held on October 18, 2001, Board Members
discussed the two different calculations used by the Building Department and the applicant. The
engineer for the application was asked to confirm the true calculation in writing. By letter dated
October 19, 2001 from Warren A. Sambach, Sr. (received October 22"d), the area of the residence
with existing garage is confirmed at 1868 sq. ft., or 24.9% of the total 11,326 sq. ft. lot area. With
the proposed three ft. addition, the lot coverage was confirmed at 25.7%.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties., Most of the properties in this old subdivision are
small with irregular boundary lines similar to the applicant's property.
2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue
other than an area variance. The garage is already existing and attached to the house. To locate
a garage on- any other part of the property would add substantial costs for alterations and create a
need for more variances.
Page 2 - October 25 2001
ZBAAppl. #5010 - R. DiBlasi
1000-37-5-1 at East Marion
,3. The area vadance is not substantial. The addition will add 66 square feet to the existing
footprint.
4. No evidence has been submitted to indicate an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
5. The action set forth below is the minimum necessary and at the same time preserves and
protects the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION: On motion by Member Dinizio, seconded by Member Collins, it was
RESOLVED, to GRANT the variance for a three ft. addition at the east side of the garage as
shown on the map dated June 28, 2001 prepared by Warren A. Sambach, P.E.
This action does not authorize or condone any current or future use, setback or other feature of.the
subject property that may violate 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, Tortora, and Collins.
This Resolution was duly adopted (4-0). (Member H~_~.~orning from Fishers Island was absent-
excused.) ~- /~'
// ..~.-6ERARD P. GOC_HRIN(~ER
" CHAIRMAN 11~ -01
APPEALS BOARD MEMBERS
Gerard E 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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5012- SHAWN FITZGERALD 1000-107-4-2.1
STREET & LOCATION: 495 Paddock Way, Mattituck
DATE OF PUBLIC HEARING: October 18 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/Di=SCRIPTION: The applicant's property is shown as Lot 11 on the Map of
Wolf Pit Pond Estates, and is located on the north side of Tuthill Road in Mattituck. This five-acre
parcel is improved with a single-family dwelling and accessory 1-1/2 story frame garage as shown
on the 5/12/01 survey prepared by Constance Pilnacek, PLS.
BASIS OF APPLICATION: Building Inspector's August 3, 2001 Notice of Disapproval for the
reason that, under Section 100-231B, the Code limits a fence height to a maximum of 6.5 feet in
the rear yard. The proposed fence enclosure for applicant's accessory tennis court will be 10 feet.
AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a 10 ft. high, mesh tennis court
fence enclosure, instead of the code permitted'6.5 feet in height. The tennis court is located in the
rear yard.
REASONS FOR BOARD ACTION: The Board of Appeals held public hearings on this matter on
October 18, 2001 and October 25, 2001, at which time written and oral evidence were presented.
Based on all testimony, documentation, personal observations by Members of the Board, and other
evidence presented, the Board finds the following to be true and relevant:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than a variance. The Code does not provide an alternative for any type
of tennis court fencing in any yard area at 10 ft. in height.
3. The variance is not substantial in relation to the height alloweC for other types of accessory
buildings/structures (which are allowed up to 18 ft. in height).
4. The proposed vanance will not have an
environmental conditions in the neighborhood.
5. The difficulty has not been self-created.
adverse effect
or impact on the physical or
In considering this application, the Board deems this action to be the minimum necessary and
adequate for the applicants to enjoy the benefit of a fence enclosure around a~ accessory tennis
Page 2 - October 25, 2001
ZBA Appl. No. 5012 - S. Fitzgerald
Parcel 1000-107-4-2.1 at Mattituck
court, new dwelling, and that the grant of this variance will serve the character of the
neighborhood, and the health, safety, welfare of the community
BOARD RESOLUTION: Now, therefore, on motion by Member Dinizio, seconded by Member
Collins, it was
RESOLVED, to GRANT the variance requested, for the proposed 10 ft. high fence
enclosure around the accessory tennis court, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Applicant (property owner) shall plant and maintain in good condition at all times
screening with a row of 6 ft. high, 6 ff. on center evergreens for a length of 220 feet, starting at the
northwest comer, and extending the evergreens for a distance - northeast 220 feet in length to
Screen the northerly yard area (now or formerly Dickerson) - and extending everg teens a further
distance 147 ft. in length, from the northwest corner of the property, southeast to screen the
westerly property (now or formerly Tuthill).
2. There shall be no outdoor lighting or illumination of the areas immediately adjacent to
the tennis court.
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 Goehri~
absent.) This Resolution d (4 ~
~'Gerard P. Goehringer, Chairr~an ,~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Appl. No. 5002 - JAMES R. GIAMBALVO 1000-106-6-32
STREET & LOCATION: 300 and 248 North Drive, Mattituck (Map of Shores Acres)
DATE OF PUBLIC HEARING: October 18, 2001
FINDINGS OF FACT
PROPERTY FACTS: The subject property ("Lot 32") is an ummproved parcel of 14,932
sq. ft. in Mattituck, with 100 feet of frontage on North Drive and depth of 145 feet (north)
and 155 feet (south).
BASIS OF APPEAL: Building Department's Notice of Disapproval, dated August 2, 2001,
stating that Lot 32 has merged with the parcel immediately to the east, CTM 1000-106-6-
31 ("Lot 31") pursuant to Section 100-25 by reason of common ownership after July 1,
1983.
RELIEF REQUESTED: Applicant, the owner of Lot 32, requests a waiver of the merger of
Lot 32 with Lot 31, as provided for in Code Section 100-26.
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 late Louis Albert Ziegler acquired Lots 31 and 32 (and other nearby parcels)
in the 1940s and 1950s. Lot 31 was transferred to John O'Keeffe in 1970 and to Dorothy
Byme, ZiegleFs sister, in 1981 In June1985, following Zieglees death, Dorothy Byme
acquired Lot 32 under the terms of Ziegler's will. Dorothy Byme disposed of Lot 31 and 32
in December 1985, selling Lot 31 to Oswald and Lot 32 to Sanders and Schwartz. The
common ownership by Dorothy Byme lasted from June 11, 1985 to December 16, 1985.
2. Sanders and Schwartz sold Lot 32 to applicant on July 1, 1986. Lot 31 changed
hands in September 1986, March 1989 and November 1998. Applicant has never had an
interest in Lot 31.
3. Waiver of merger will allow for construction of one single-family dwelling on Lot
32. which will not result in a significant increase in the density of the neighborhood. There
will be no need for significant change in the contours or slopes of Lot 32, nor for substantial
filling affecting nearby environmental or flood areas.
Page 2 October25, 2001
ZBA Appl. No. 5002 J.R. Giambalvo
106-6-32 at Mattituck
4. Waiver of merger will avoid economic hardship for applicant, who has owned,
and paid taxes on, Lot 32 for 15 years in the belief that it is a buildable lot.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it
was
RESOLVED, to GRANT the requested waiver of merger.
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 (.C.;h~ Dinizio~T-o~Lora, an~142;ollins.
This Resolution was duly adopted (4-0) (Merr~e~ Horni~6f Fish~'~ Islan~l ~,~s,,eZnt.)
/
~,./,~erarO P. Goehringer,. Chal'Cman-,'~. !
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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5007 - MARK and HELEN LEVINE 1000-14-2-3.7
STREET & LOCALITY: 2510 Grand View Drive, Odent
DATE OF PUBLIC HEARING: October 18 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicants' property is a 62,638 sq. ft. parcel known as Lot No. 3
on the Map of Grand View Estates at Odent. The lot is improved with a new dwelling, recently
constructed which is shown on the site plan maps dated August 21, 2001 and October 23, 2001. The lot
has frontage along Grand View Drive of 43.96 ft. (radius), lot depth of 355.87 ft. on the west side, 397.48
feet on the east side, and 266.59 feet along the Long Island Sound The January 27, 1999 survey
prepared by John C. Ehlers, L.S. shows the crest of the bluff at about 110 feet from the northerly
property line, with contours north to south, from 46 ft. at the crest to 28 feet (above mean sea level) at
the southerly property line.
BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated August 10, 2001. The reason
for the Disapproval is that there is additional construction within 100 feet from the top of the bluff.which
does not meet the requirement of Section 100-239.4A, and there is a set of stairs and observation deck
in the dwelling above the 2-1/2 story height limitation of Code Section 100-32.
AREA VARIANCE RELIEF REQUESTED: Applicants request variances for an observation tower above
the second floor of the. dwelling and for retaining wall structures within the 100 ft. bluff setback limitation,
shown on the odginal plan dated August 21,2001, and updated October 23, 2001. The setback from the
topographic crest of the bluff to the retaining wall at the northeast comer is 70 feet, and approximately 75
ft. setback at the center point.
ADDITIONAL INFORMATION: The Zoning Board of Appeals held public headngs on the matter on
OctOber 18, 2001 and October 25. 2001, at which time written and oral evidence were presented. Based
on all testimony, documentation, personal observations by members of the Board, and other evidence
presented, the Board finds the following to be true and relevant:
(1)
The subject of the bluff setback request relates to a concrete retaining wall and patio area, which
the applicant wishes to place 70 feet at its closest point from the top of the bluff. The retaining
wall has been constructed and was inspected by the Suffolk County Soil and Water Conservation
District (SWCD). In its October 18, 2001 report, the SWCD determined that the bluff is well
vegetated and found that the retaining wall and patio would not be detrimental to the bluff's
stabilization.
(2)
The second variance request is for approval of an interior observation room with stairway.
Access to the observation room is from a stairway located in the master bedroom, and the
applicant has agreed to install a sprinkler system leading into the observation room, to assure
Page 2 - October 25, 2001
ZBA Appl. No. 5007 - Mark and Helen Levine
Re: 1000-14-2-3.7 at Orient
adequate fire protection. The observation room is to be used for the sole purpose of enjoyment
of the vista from the Long Island Sound, and in no event will or shall be considered habitable
space.
(3) The total-height of the dwelling, including the observation tower is within the Town code's 35-ft.
maximum height limitation.
(4) Under a separate application (#4791), the Board of Appeals on March 2, 2000 granted a variance
to construct a single-family dwelling 80 feet from the top of the bluff, and to construct a swimming
pool in the westerly side yard, provided that the side yard setbacks under the code are met.
Nothing in this deciSion shall alter or change the approval and conditions set forth in the Board's
March 2, 2000 decision.
IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW 267B-3 "AREA
VARIANCES," THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE
VARIANCE,IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY
AND WELFARE OF ]'HE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND
DETERMINES THAT:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood, or detriment to nearby properties. The retaining wall and patio will appear as part of the
principal dWelling. The property is.well landscaped and situated on a large 62,638 sq. ft. lot. The
observation room will not cause the dwelling to exceed the Town Code's 35-ft. maximum height limitation
and shown.on Plan A-7 dated August 29, 2001, and therefore no unusual visual impact will occur as a
result of its construction.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The retaining wall, patio, and observation room have nearly been
completed. Ir'appears that several design changes and numerous site plans led to confusion in the
permitting process. None-the-less, since the structures are already built, without the requested
variances, the;structures would have to be removed at great cost to the applicant.
3. The requested variance is not substantial. The height of the structure is approximately 32 feet, three
feet below the. town Code's 35oft. height requirement. The variance granted herein is for a non-habitable
observation room. The bluff setback of 70 feet for the retaining wall and patio is not substantial in view of
large lot size and stable nature of the bluff,
4. The proposed variance will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood. The Suffolk County Soil & Water Conservation District has determined
that the bluff is stable and well vegetated, and that the patio and retaining wall will not impact the bluff.
The Board agrees with the County's evaluation. No evidence was submitted to suggest that the
observation room would have a negative impact on the environmental conditions.
~age~- October 25, 2001
ZBA Appl. No. 5007 - Mark and Helen Levine
Re: 1000-14-2-3.7 at
BOARD RESOLUTION: Now, therefore, on motion by Member Tortora, seconded by Member CoLlins, it
was
RESOLVED, to GRANT a variance from the retaining wall and patio at a setback of 70 feet at its
closest point from the top of the bluff, all in accordance with the site plan dated October 23, 2001
prepared by Fairweather-Brown Design Architects, and be it further
RESOLVED, to GRANT a variance for an observation room with stairway for non-habitable use
only as shown on the August 29, 2001 Plan #A-7 prepared by Fairweather-Brown Design Associates,
SUBJECT TO THE FOLLOWING CONDITIONS:
I The applicant shall install and activate a sprinkler system inclusive of the observation room;
2. The observation room shall not at any time, now or in the future, be used for sleeping
purposes (non-habitable).
Vote of the Board: Ayes: Mem~hringer ~,l~man), Dinizie, Tortora, and Collins. This
Resolution was duly adopted (4-0 ming si d was absent.)
APPEALS BOARD MEMBERS
Gerard E 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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl No. 5008-MANZI HOMES 1000~54-6-4.4
STREET & LOCATION: 400 Rene Ddve, Southold
DATE OF PUBLIC HEARING: October 18, 2001
FINDINGS OF FACT
PROPERTY FACTS: The subject property is a parcel of 57,459 sq. ft. in Southold, fronting
on Rene Drive. A nearly finished dwelling is located at the southeasterly end of the parcel,
set back 50 feet from Rene Ddve and 60 feet from the rear lot line.
BASIS OF APPEAL: Building Department Notice of Disapproval, dated August 17, 2001
denying a Building Permit for an addition because it would reduce the rear yard from the
required 60 feet to 56 feet.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authonzing
construction of a 4-foot-deep second-floor balcony on the rear of the 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. Applicant's contract vendee, Mr. Schlichter, testified at the hearing on October 18,
2001, that a 4-foot balcony off the bedroom had been contemplated when the house was
planned. It was omitted from the initial plans because it encroached 4 feet into the
required 60-foot rear yard and would need a setback vanance, which it was believed would
slow down the start of construction. The house is now virtually complete, and the builder
now requests a variance to add the balcony.
2, Applicant, the builder, states in the application that the difficulty is not self-created The
Board' disagrees. The house was built with precisely the required front and rear setbacks-
50 feet and 60 feet, respectively - and with construction Virtually complete, the builder
wants to add the encroaching balcony. The need for a vanance is cleady self-created.
3. A 4-foot-deep upstairs balcony facing a wooded area to the rear of the house will not
produce an undesirable change in the character of the neighborhood or detriment to
nearby properties, and will not have an adverse effect or impact on physical or
environmental conditions. Consequently, the Board concludes that the benefit of the
requested variance to applicant's contract vendee outweighs the detriment to the
community, notwithstanding the self-created nature of the difficulty.
Page 2 - October 25. 2001
Appl. No. 5008 - Manzi Homes
Southold Town Board of Appeals
4. Grant of the requested variance is the minimum necessary to enable applicant's contract
vendee to enjoy the benefit of a bedroom balcony 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 Tortora, it
was
RESOLVED, to GRANT a variance authorizing an open, unroofed second-floor
balcony extending no more than 4 feet from the rear wall of the house and no more than 8
feet in width.
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, Tortora, and Collins.
This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent-
excused.) . . ~.~~ .,....~-~..~.~ /'
,/~er?d P. 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
FINDINGS, DELI BERATIONS AND DETERMINATION
MEETING OF OCTOBER 25 2001
Southold Town Hall
53095 Main Road
EO. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Appl. No. 5009- LOUISE PECORARO 1000-54-1-9.2
Location of Property: 2125 Hyatt Road, Southold
Date of Public Hearing: October 18, 2001 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's property is a 19,400+- sq. ft. parcel with 105 ft. of
frontage along the easterly side of Hyatt Road (a private road) in Southold. The property is
improved with a one-family, one-story frame dwelling and accessory shed, shown on the survey
dated September 8, 2001 prepared by Anthony W. Lewandowski, ES.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated August 23, 2001, denying
an application for a permit to-build an addition to the existing dwelling which will be 28 feet from the
rear property line at its closest point. Section 100-244B of the Code requires a minimum 35 ft. rear
yard setback.
RELIEF REQUESTED: Applicant requests a vanance to locate a proposed addition at the rear of
the existing dwelling. At the time of the initial submission, the Building Department's map
confirmed a sketched-in addition. While using this scale, the setback for the addition appeared to
be 28 feet at its closest point.
ADDITIONAL INFORMATION': At the public headng held on October 18, 2001, the applicant
submitted a map prepared by Anthony W. Lewandowski, L.S. confirming the setback for the
addition at 26 feet.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. Properties in this odginal old development of
this area consisted of small one-story dwellings that have nonconforming setbacks, and which
were over the years in need of expansion.
2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue
other than an area variance. The dwelling was built prior to the enactment of zoning in 1957, and
its location is angled rather than square to the property lines. Additional difficulty is created
because the contour of the property is sloped. To relocate the addition to any other part of the
property would add substantial costs for alterations and possibly additional setback variance.
3. The area variance is not substantial. The addition is at an angle to the rear yard and appears to
be less than 350 sq. ft. actually within the code-restricted rear yard area.
Page 2 - October 25 2001
ZBA Appl. ¢k5009 - L. Pecoraro
1000-54-1-9.2 at Southold
4. No evidence has been submitted to indicate an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
5. The action set forth below is the minimum necessary and at the same time preserves and
protects the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION: On motion by Member Dinizio, seconded by Member Collins, it was
RESOLVED, to GRANT the vadance for the addition with its closest point at 26 feet from the
rear property line as shown on the survey prepared by Anthony W. Lewandowski, L.S. dated
September 8, 2001.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate 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, and Collins.
This Resolution was duly adopted (4-0). (Member Horning from Fishers Island was absent-
excused.)
.,," (, _ . .'- , /."''Z'- "
/.;GERARD P. GOEHRIN'GER /
/'CHAIRMAN 11- -01
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Appl. No. 5006-ANTONE VOLINSKI 1000-40-5-6
Location of Property: 17 Middleton Road, Greenport
Date of Public Headng: October 18, 2001 and October 25, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant's property is a 9340+- sq. ft. parcel with 74 ft. of
frontage along the west side of Middleton Road in Greenport. The property is improved with a one-
family, one-story frame dwelling, accessory garage, and small shed under consideration, all as
shown on the May 14, 2001 survey prepared by Anthony W. Lewandowski, L.S.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated August 23, 2001, denying
the location of a small shed at less than three feet from the property line and with lot coverage over
25, 7%.
RELIEF REQUESTED: Applicant requests vanances under Section 100-244B for an "as built" 8x8
shed structure which is located in the rear yard at 2'8" from the rear line, and with a 64 sq. ft.
increase of lot coverage.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,~
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change ~n the character of the
neighborhood or a detriment to nearby properties. The shed already exists and is in a rear yard
location, except that it is four inches too close. Its rear yard location faces the rear yard(s) of
abutting properties to the west.
2. The benefit sought cannot be achieved by some method feasible for the applicant to pursue
other than an area variance. The shed is existing.
3. The area variance is not substantial, resulting in 64 sq. ft. of land area relative to lot coverage,
and is four inches short of the setback requirement.
4. No evidence has been submitted to indicate an adverse effect or ~mpact on the physical or
environmental conditions in the neighborhood or district.
5. The action set forth below is the minimum necessary and at the same time preserves and
protects the character of the neighborhood and the health, safety 8nd welfare of the community.
RESOLUTION: On motion by Member Dinizio seconded by Chairman Goehdnger, it was
Page 2 - October 25, 200t
ZBA Appl. ~/.5006 -A. Volinski
1000-40-5-6 at Greenport
RESOLVED, to GRANT the variances for the accessory shed, as requested, SUBJECT TO
THE FOLLOWING CONDITION:
Should this shed need to be replaced, the new shed must meet the minimum code
requirement of three feet and shall not be larger than 8 × 8 ft. in size.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate 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, and Collins.
This Resolution was duly adopted (4-0). (Member Homing from Fishers island was absent-
excused.),,~
,,~ CHAIRMAN 11- -01
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box '1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATZONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5000 - GERALD AND DOROTHY WANSOR
STREET & LOCATION: 1525 Vanston Road, Cutchogue
DATE OF PUBLIC HEARING: October 18. 2001
1000-111-4-12
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is shown as Lot 333 on the Map of
Nassau Point Club Properties, and is a corner lot located along the east side of Haywaters Road
and the south side of Vanston Road (a/k/a Old Cove Road) in Cutchogue. The property consists of
25,734 sq. ft. in area and has a lot depth of approx. 103 feet along the southerly property line. The
lot is improved with a one-story frame dwelling as shown on the survey prepared by Harold F.
Tranchon, Jr. dated August 2, 2000.
BASIS OF APPLICATION: Building Inspector's July 27, 2001 Notice of Disapproval for the reason
that Section 100-244 and Section 100-242A, the setback from the front property line is required to
be 40 feet. Applicants' proposed additions/alterations to the existing dwelling will be set back at
approximately 31 ft. from the front property line.
AREA VARIANCE RELIEF REQUESTED: Proposed entry deck with fully extended stairs at the
west side of the house, which addition will be 31 feet at its closest point.
REASONS EOR 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 because applicant seeks to build a small deck
(approx. 225 sq~rft.) with surrounding steps, which will act as the entrance to their home. This type
of entrance is common and consistent with the area.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than area variances because the lot is narrow in width and has streets located on
two sides.
3. The requested area variance is not substantial.
4. G rant 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 neigt~borhood would be adversely impacted:
.4- - 5. The difficulty has been self created.
Page 2 - October 25, 2001
ZBA Appl. No. 5000 - G. and D, Wansor
Parcel 1000-111-zi-12 at Cutchogue
RESOLUTION/ACTION: With the understanding that no. future variance will be considered for
construction .on this side of the property, motion was 'offered by Member Dinizio, seconded by
Chairman Goehringer,
TO GRANT the variance as applied for, with the understanding that the time limit for the
proposed construction will be within three years.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that violates the Zon ng Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
VOTE OF THE BOARD: Ayes: Members ~Chair/ma~, Dinizi_j.i.i9, Tortora, Collins, This
Resolution was'duly adopted (4-0). (Me of Fi lan s sent.)
/ GERARD P. GOEHRIN(3'ER, CH/~,I~MAN
APPEALS 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 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5013-ARLINE YOUNGMAN. PARCEL 1000-68-3-6
STREET & LOCALITY: 1010 Salt Marsh Lane, Peconic
DATE OF PUBLIC HEARING: October 18, 2001.
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the northerly side of Salt
Marsh Lane in Peconic. A copy of a former survey of applicant's property shows the property
98.29 ft. along the private right-of-way and 312 ft. in depth to the high water line of the Long Island
Sound for a total lot size of 30,576+- sq. ft. The property is improved with a single-family dwelling
and accessory structures.
BASIS OF APPEAL: Building Inspectors August 14, 2001 action which reads that the building
permit request, to locate a 12 x 22 ft. accessory garage in a front yard (the yard facing the
applicant's access/right-of-way), is disapproved under Article III, Section 100-33C for the reason
that the front setback is less than 40 feet to the front line.
AREA VARIANCE RELIEF REQUESTED: The applicant requests an area setback variance to
locate an accessory garage in the front yard area. of this waterfront property. The odginal request
of the applicant was to locate the garage at five feet from the west Side line and 15 feet from the
southerly front line.
The Zoning Board of Appeals held a public hearing on this matter on October 18, 2001, at which
time wdtten and oral evidence were presented. Based upon all testimony, documentation,
personal observation by Members of the Board, and other evidence, the Board finds the following
facts to be true and relevant.
ADDITIONAL INFORMATION At the October 18, 2001 public hearing, the Board requested,, and
applicant agreed, to increase the requested front yard setback from 15 feet to 20 feet. On October
22, 2001, applicant submitted an amended plan locating the 12 x 22 ft. garage at 10 feet from the
westerly side line and 20 feet from the front line (along applicant's right-of-way).
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
1. Grant of the area vanance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties. The proposed 12 ft. by 22 ft. accessory garage
would be located in the front yard of a long, narrow soundfront lot in a heavily wooded area served
by an unimproved right-of-way. Most of the garage will be screened from view by the woods and
brush and its front yard location will not harm nearby properties.
Page 2 - October 25, 2001
ApFI. No. 5013 - Arline Youngman
100@-68-3-6 at Peconic
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 location of the garage on the lot is limited
by mature trees, a driveway and a pump house.
3. The area variance is not substantial and relates to the environmental considerations to preserve
the wooded nature of the lot near the right-of-way and the character of the neighborhood.
4. The proposed variance will not have an adverse effect or ~mpact on the physical or
environmental conditions in the neighborhood because the variance will permit the accessory
garage to be located within an area that will preserve mature trees in a wooded area.
In considering this application, the Board deems this action to be the minimum necessary and
adequate for the applicants to enjoy the benefit of a new accessory playhouse structure with deck,
and that the grant of this variance wil preserve the character of the neighborhood, and the health,
safety, welfare of the community.
RESOLUTION/ACTION: On 'motion by Member Tortora, seconded by Member Horning, it was
RESOLVED, to DENY the original location of the proposed garage~ and ALTERNATIVELY, TO
GRANT a variance, permitting applicant to construct a 12 ft. by 22 ft~ accessory garage in the fi'ont
yard to be Set back 20 feet at its closest point from the front property line and '0 feet from its
closest poi~ to the westerly side property line, SUBJECT TO THE FOLLOWING:
1. The accessory building shall be for garage or storage purposes incidental to the
principal residence.
2. The accessory building shall not be used for sleeping or living quarters.
3. The only utility shall be electric for lighting or outdoor plumbing.
4. The accessory building shall remain at one-story height.
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 G~(Chairj:~a¢8., Din, Jz4p, Tortora, Collins. This
Resolution was duly adopted (4-0). (Mem of Fis ~.s? se_~