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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_~