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HomeMy WebLinkAboutZBA-11/29/2001 SPECAPPEALS 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 MINUTES THURSDAY, NOVEMBER 29, 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, NoVember 29, 2001 commencing at 6:55 p m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia Tortora, Member Lora S. Collins, Member George Homing, Member Also present was Linda Kowalski, Secretary to ZBA. 6:55 p.m. The Chairman called the meeting to order. At the beginning of the meeting, Member Collins brought the Chairman up-to-date regarding the review requested concerning the Planning Board's Lead Agency Coordination Letters. Member Collins indicated that she did not see any problem concerning the Planning Board's letter of coordination on the following two joint application reviews: 1) Hellenic Hotel New Construction Project, NIs Main Road, East Marion. 2) Riverhead Building and Supply. The Chairman proceeded with the following Agenda items: DELIBERATIONS/DECISIONS (Agenda Item III): The Chairman asked for member comments from the applications which are pending deliberations and decisions (Agenda Item III). Board Members started deliberated and adopted the following determinations. Please see official Findinqs, Deliberations and Decision filed with the Office of the Town Clerk, copies of which are attached to this set of Minutes as thouqh fully written and set forth herein. Approval with Conditions: Appl. No. 4965 - Norma Miller regarding an existing accessory building. Appl. No. 5030 - Fred and Mary Milner. Cabana location. Appl. No. 5028 -Ann Lencenski. Deck location. Appl. No. 5020 - Bruce and Maumen Campbell. Accessory building location. AppI. No. 5022 - Jane Bear by Catherine Lynch. Greenhouse and shed addition. Appl. No. 5027 {in part) - Joseph Bendowski. Part A - Garage setback. (Continued on next page) Page 2 - Minutes Meeting of November 29. 2001 Southo]d Town Board of Appeals DELIBERATIONS/DECISIONS (Agenda Item III), continued: Approved as Applied for: Appl. No. 5017 - First Baptist Church. Special Exception. Appl. No. 5018- St. Peter's Church. Special Exception for addition. Appl. No. 5024- Robert Rutkoski. Pool location. AppI. No. 5029 - Robert Kmdop. Setback at 3 ft. Appl. No. 5021 - Thomas and Annette Jordan. Lot waiver. (This Decision was adopted at 8:50 p.m. following the last hearing on the agenda tonight but is listed here for easy reference.) Denied as Applied for: Appl. No. 5027 (in part) - Joseph Bendowski. Part B - Height over 18 ft. for garage denied. I. STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS (Agenda Item I - There were no agenda items listed.). The Chairman proceeded with the following Agenda item: III. DELIBERATIONS-DISCUSSION/BOARD RESOLUTION: Appl. No. 5026 - INLAND HOMES (J. KAVANAGH). It was noted that information was submitted by Carl and Elizabeth Vail with new information which appeared to be contrary to the testimony submitted at the Board's November 15, 2001 hearing. Patricia Moore, attorney for the applicant indicated she wanted to respond to the information furnished by the neighbors (Vail[ The hearing was concluded on November 15, 2001, and the Board Secretary suggested that the hearing be'~ reopened and noticed rather than receiving information after the hearing was concluded. There was no objection. RESOLUTION ADOPTED TO REOPEN ON BOARD'S OWN MOTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, to reopen the hearing, based on the new information to be submitted by both the neighbors and the applicant's attomey, with a new calendar date of Thursday, January 10, 2002. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing was absent during this Resolution.) This Resolution was duly adopted (4-0). The Chairman proceeded with the following Agenda Items: II. PUBLIC HEARINGS, (continued from 11115/01 to finalize the written and oral portions of the application record). The following hearings reconvened and the Affidavit concerning the November 15 publication by the official newspaper was verified. Please see the set containing the Transcript of testimony for all the Hearings, prepared separately. 7:30 - 7:35 p.m. Appl. No. 5021 - THOMAS P. and ANNETTE JORDAN. This is a request under Code Section 100-26 for a Lot Waiver to Unmerge Property shown on the Suffolk County Tax Maps as 1000-79-4-25 from 1000-79-4-26. This request is based on the Building Inspector's August 22, 2001 NOtice of Disapproval which states that Lot 25 has merged with an adjacent lot to the north (79-4-26) pursuant to Section 100-25 which lots have been held in common ownership during a period of time after July 1, 1983. Location: 1550 and 1680 Brigantine Drive, Southold. Abigail A. Wickham, Esq. of Wickham, Wickham & Bressler, P.C. offered additional testimony in behalf of the applicants. (Als0 see:letter dated December 5, 2001 from Ms. Wickham retracting the testimony related to the deeds and ownership, and confirming the title search information relative to both lots being held by the applicants as tenants in common.) No one from the audience Page 3 - Minutes Meeting of November 29. 2001 Southold Town Board of Appeals I1.' PUBLIC HEARINGS, continued: spoke against the application.) RESOLUTION. ADOPTED: At the end of the hearing motion was offered by Chairma~ G°ehringer, secOnded by Member Collins, and duly carried, to c ese the hearing ' This Resolution was duly adopted (4.8). 7:35 p.m. Appl. NO. 5023 - NORTH FORK COUNTRY CLUB. This is a request for a V_a, dance under Article III, SeCtion 100~31B(7), and Article XXIV, SeCtion 100-244B, based on the Building Inspector sSeptember 7, 2001 Notice of Disappro~,al. The reasons stated in the Disapproval is that Bu~ilding Permit #27135 was issued in error because the building is located at less than 50 feet from the rear lot line, is 96+- feet from the Main Road, and that the building addition exceeds the 20% lot coverage limitation. Locat on of Property: 300 Linden Avenue (a/Ida Moore's Lane) Cutchogue; Parcel 1000-109-3-8.1 (7.1 and part of 4). Zone District Re Residential Office and R-40 Residential (northwest comer). Patricia Moore, Esq. ap~red with the opposing attorney, J. Kevin McLaughlin, and Ms. Moore asked for additional time to sort out the issues between the partieS, No other person~ in the audience offered testimony at this tirne. RESOLUTION ADOPTED: MOtion waS offered by Chairman Goehringer, seconded by Member Tortora, and duly' carried by all the me~nbe~s, to RECESS the I~earing for a continuation as requested by applicants to 'the December 13, 2001 meeting. This Resolution was duly adopted (4-8). p.m. ROGER AND LESLIE WALZ. Location of Property: 2505 Old Orchard Road, East Marion; :(1) Appl..No. 5038 - This is an Amended Appeal for an Interpretation of the Southold Town Zoning c~e~ ~Section 100-242A, requesting a determination that additions and alterations within or over the footprint of existing dwellings with nonconforming setbacks do not create any new nonconformance or increase the degree of nonconformance with regard to the zoning regulations, and Reversal of the 'Building Inspector's May 2,2001 Notice of Disapproval. Code Section 100-242A states that= Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided tflat such aCtion does not create any new nonconformance or increase the degree of nonconformance with regard rte the regulations pertaining to such buildings. (2) Appl. No. 4962 - (Carryover from September hearing calendar). Appeal requesting a Vari- ance under Article IV, SectiOn 100~.242A, based on the Building Inspector's May 2, 2001 corrected Notice of Disapproval. 'The N0tiC~ of DisapProval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 6.5 feet from the west side line, and as a result, the second,story addition represents an increase in the degree of nonconformity. Appearing at the Board~s request was MiCl~a~l Verity, Principal Building Inspector, in behalf of the Buildir~g Department with testimony. Also speaking was Eric J. Bress!er, Esq. of Wickham, Wickham & Bressler, P.C. offered testimony in behalf of the applicant. Speaking with concerns was Norma Martin, landowner abutting the applicants' proPe~j on the ~asterly si~e. RE-SOLUTION ADOPTED: At the end 0f the hearing, a m~tion was offered by Chairman Goehringer, secondedl by Member ~-~izio, and duly carried~ to close the hearing. This Resolution was duly adopted (4-0). End of hearings. 8:50 p.m. The Chairman proceeded with Item: Page 4 - Minutes Meeting of November 29, 2001 Southold Town Board of Appeals IV. RESOLUTION TO ADVERTISE FOR DECEMBER 13~ 2001: A motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, authorizing advertisement for the following public hearings to be held on Thursday, December 13, 2001: 6:35 p,m. Appl. No. 5037 - KEVIN and KATHERINE LEAVAY. Applicant-Owner is requesting a Special Exception under Article III, Section 150-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for approval of an Accessory Use as a Bed and Breakfast for transient use of three bedrooms for lodging and serving of breakfast to not more than six (6) casual, transient roomers, in conjunction with owner- applicant's residence, modified later for two B & B rooms and four (4} casual transient roomers. Location of Property: 95 Harper Road West, Harvest Homes Estates Lot 6; Southold; Parcel 1000-63-7-6. 6:40 p.m. Appl. No. 5035 - ROLAND and KAREN GRANT. A Variance is requested under Section 100-33, based on the Building Inspector's October 15, 2001 Notice of Disapproval to locate a cabana Structure at less than twenty (20) feat from the side property line, at 1775 Indian Neck La., Pecenic; Parcel 1000-66~6-9.1 6:45 P.M. AppI. No. 5036 - PRIME GALLERY. A variance is requested under Article XX, Section 100- 205N(5), based on the Building Inspector's October 10, 2001 Notice of Disapproval for an "as built" wall sign, 43 inches in diameter in height instead of 36 inches. Location of Property: 53800A Main Rd., Southold; Parcel 1000-61-4-7.2. 6:60 p.m. - Appl. No. 5034 - HELEN RUST FAMILY PARTNERSHIP by Thomas E. Uhl, based on the Building Inspector's October 1 2001 Notice of Disapproval. 'Applicant is requesting (1)an Interpretation of~'-~. Section 100-30A.3 for an exception determlmng that the westerly yar area is a side yard rather than a fron~ yard, or in the alternative, a variance under Section 100-30A.3 to allow an addition with a t~ront yard at less than-~ the cede requirement of 50 feet, and (2) a Variance under Section 100-239~4B to allow a portion of the proposed addition with a setback from the bulkhead at less than 76 feet. Location of Property: 4680 Wunneweta Road, Cutchogue; 111-14-34. 7:25 p.m. - Appl. No. 5025- MALCOLM and ETHEL McALLISTER - A Variance is requested under Article m, Section 100-33, based on the Building Inspector's August 20, 2001 Notice of Disapproval, to locate an accessory swimming pool structure in an area; other than the required rear yard. Location of Property: Northwest side of Oceanview Avenue, Fishers island; 1000-9-6-6.4. 7:30 p.m. Appl. No. 5004 - J., POTORSKI. This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as t000-79-3-16 from 1000-79-3-26. This request is based on the Building Inspector's August 22, 2001 Notice of Disapproval Whiqh states that Lot 16 has merged with an adjacent lotto the west (1000-79~3-25) pursuant to Section 100-25 which lots have bean held in com~non ownership during a period Of time after JUI~ 1, 1983. LocatiOn of Prope~rty: 4635 North Bayview Road, Southold, NY. 7:40 p.m. Appl. No. 5033 - DEAN DI MAGGIO. A variance is requested under Article XXlV, Section 100- 244B, based on the ~Building Inspector's Octobe~ 15, 2001 Notice of Disapproval, to,locate an addition at less than 60 feet from the rear property line, and less than the reduction granted by the planning Board for 50 feet from the rear yard line. Location of PropertY: 1450 S. HarbOr Road, Southold; BaYView South Harbor Cluster Subdivision, Plot 1; 1000-75-4-22.10. 7:50 p.m. Appl. No. 6038 - DANA FOX. This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the County Tax Maps as 1000-114-7-5.2 from 1000-114-7-6.1. This request is based on the Building Inspector's October 17, 2001 Notice of Disapproval which states that Lot 5.2 has merged with an adjacent lot to the north (1000-114-7-5.1) pursuant to Section 100-25 which lots have beer~/~% held in common ownership during a period of time after July 1, 1983. Location of Property: 230 Lesters Roa(i' and 2810 Westphalia Road, Mattituck.. ~-' Page 5 - Minutes Meeting of November 29. 2001 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4999 - LOUISE ADJEMIAN. This is a request under Code'Section 100-26 fora Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-33-3-23.2 from 1000-33-3-40.1. This request is based on the Building Inspector's August 2, 2001 Notice of Disapproval which states that Lot 23.2 has merged with an adjacent lot to the south (1000-79-3-40.1) pursuant to Section 100-25 which lots have been held in common ownemhip during a period of time after July 1, 1983. Location of Property: 1825 and 1715 McCann Lane, Greenport, NY. 8:15 p.m. Appl. No. 4928 - MICHAEL COLAVITO. Applicant requests a Variance under Article III, Section 100-32, based on the Building Department December 15, 2000 Notice of Disapproval for a proposed addition and alteration(s) to an existing dwelling, which construction exceeds the Code limitation of 2-112 stories. Location: 6150 Main Bayview Road, Southold; 1000-78-4-44.2. This Resolution was duly adopted (4-0). II. DELIBERATIONSlDECISION, continued from paqe 1: Board Members deliberated and Action'was 'taken approving the following application as applied for. Please see official Findings, Deliberation and Decision filed with the Office of the Town Clerk, a copy of which is attached to this set of Minutes as though fully written and set forth herein. Appl. No. 5021 - Thomas and Annette Jordan. Lot waiver. IV. OTHER: RESOLUTION ADOPTED: Motion was offered by Member Collins, seconded by Member Dinizio, and duly carried, to send a letter requesting Gerard P. Goehringer as ZBA Chairman for 2002. This Resolution was adopted by unanimous vote of all the members present (4-0), and with Member Homing's support (Member Homing was not present at this time.) Board members received copies of the proposed Calendar of ZBA Meetings for the Year 2002. Them being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 9:10 p.m. Respectfully submitted, ~'~--"~A~pproved- Gera~ P. ~oehrin~'~r, Chairman Linda Kowalski APPEAI~S BOARD MEMBERS Gerard E 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 EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 29, 2001 Appl. No. 5022 - JANE BEAR, by Catherine Lynch Location of Property: 374 Wampum Way, Southold Date of Public Headng: November 15, 2001 1000-87-2-37 & 38 (combined as one) FINDINGS OF FACT: The Zoning Board of Appeals held a public headng on this matter on November 15, 2001, at which time wdtten and oral evidence were presented. Based upon all testimony, documentation:, personal observations of members of the Board and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: .Applicant's property is a 40,500 sq. ft. parcel with 150 ft. frontage along Wampum Way in Southold. The property is ~mproved with a single-family, two story frame dwelling with a wooden deck and the "as built" shed anc greenhouse all as shown on the survey prepared by Joseph A. Ingegno, L.S. dated May 7, 2001. BASIS OF APPEAL: Article Ill-A, 'Section 100-30A of the Zoning Code, based on the Building Inspector's Notice of Disapproval dated September 4, 2001 for the reason that the "as built" greenhouse and "frame shed addition to dwelling do not meet the minimum 50 ft rear yard setback requirement. The request indicates that the shed is 47.3' from its closest point to the rear lot line and the greenhouse is 29.4 feet atits Closest point to the rear lot line. RELIEF REQUESTED: A rear yard ;setback at 29.4 feet for the glass greenhouse and 47.3 ft. for the shed, I~oth attached at the rea¢ of the dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 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 "as built" greenhouse and shed addition existed in their current location since 1976 with no adverse impacts to the surrounding area. Since the applicant plans to continue the use of the addition as a "greenhouse only," and has agreed to such condition, no Change will result from this variance. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. Both the greenhouse and shed were constructed pursuant to Building Permit #8920-Z, issued 10/15/76, which was approved with a rear yard setback of ten (10) feet. The greenhouse anC shee were constructed at a distance 29.4 feet from the rear property line, however, the prior owner did not obtain a Certificate of Occupancy for the structure. The only reasonable remedy is a variance allowing the applicant the step required to obtain a Certificate of Occupancy. Page 2 - November 29, 2001 ZBA Appl. No. 5022 - Jane Bear 1000-87-2-37 & 38 at Southold 3. Because a building permit was issued in 1976 allowing construction of the greenhouse and shed at 10 feet from the rear property line, grant of a variance to permit the "as built" greenhouse at a distance of 29.4 feet is not substantial. 4. There is no indication that the continued use of the addition as a greenhouse and shed would have any adverse effect on the environment. The greenhouseand shed have existed for 24 years without impacting the environment. The addition was constructed pdor to regulations by the NYS DEC and the Town Trustees. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. BOARD RESOLUTION: Based on the evidence and testimony submitted, motion seconded by Chairman Goehringer, and duly carded, to: was offered by Member Tortora, APPROVE the application as applied for. WITH THE CONDITION that the "as built" greenhouse shall only be used for gardening purposes. Any change in use of the greenhouse addition, or alterations to the structure, shall require review by the Zoning Board of Appeals. 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 (C_~akma~ Dinizi~d .Co~s./ (Member Horning was absent.) This Resolution w,.as-ddi~adop.~(4-0).? / , ..GERARD P. GOEHRINGER /~/'/ CHAIRMAN /-Z-/"/~/ 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, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 29, 2001 Appl. No. 5027 - JOSEPH BENDOWSK1 Location of Property: Park Avenue, Mattituck Date of Public Hearing: November 15, 2001 1000-123-8-19 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of 29,958 sq. ft. in Mattituck, with 129 feet of frontage on Park Avenue, 90 feet on Peconic Bay, and depth of 288 feet (east) and 378 feet (west). It is improved with a small frame house near Park Avenue, a two-story frame house at the Bay end of the property, and a frame garage located virtually on the westerly property line about half ~,y between Park Avenue and the Bay. BASIS OF APPEAL: Building Depamnent Notice of Disapproval, dated September 26, 2001, denying a penmt to demolish the garage and build a new one because this would increase the .degree of nonconformity of the garage in violation of Code section 100-242A, and because the proposed structure is 19-1/2 feet high in violation of the 19-foot limit in Code section 100-33A. The Notice of Disapproval also mentions a cantilevered roof on the proposed garage projecting into the adjacent property, but applicant has advised that the roof will be cut back and no variance is requested in this regard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction of a garage in the location shown on the site plan by Jeffrey T. Butler, P.E., dated June 9, 2000 and stamped received by this Board on October 24, 2001, and having the dimensions shown on the drawings by Mr. Butler submitted at the same time. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: I. The proposed garage is set back about 120 feet from the front property hne at the closest, and thus is permitted in the front yard. Applicant proposes to build a garage somewhat bigger than the existing one, by expanding eastward into the front yard while maintaining the existing 1-f0ot setback from the westerly property line. 2. The property slopes downward to the south and east from the existing garage s~te, making it somewhat impractical to locate the new garage much further from the property line than the existing garage. Moreover. applicant has carried out extensive landscaping since purchasing the property several years ago, and a significant shift in the garage location would destroy some of this work. Nonetheless, the Board concludes that the new garage can have a setback somewhat greater than the one foot of the existing garage. Page 2 - November 29, 2001 Appl. No. 5027 - J. Bendowski 1000-123-8-19 at Mattituck 3. Although somewhat bigger than the existing garage, the new garage will not be significantly different in location, function or general appearance, and grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or de 'mment to nearby properties 4. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. 5. The Board finds no reason to authorize a structure higher than the 18 feet allowed by the Code. 6. Grant of the relief set forth below is the minimum action necessary to enable applicant to enjoy the benefit of a new 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 Member Tortora, it was RESOLVED, to DENY the requested Yarlances, and ALTERNATIVELY to GRANT a variance authorizing the location of a new garage in approximately the area shown on the site plan referred to above, but with a minimum setback from the westerly property line of two feet if there is no roof overhang, or three feet if there is a one-foot mol overhang, subject to the following CONDITIONS: 1. The garage shall be used only for storage, as an accessory structure to the dwelling, and shall under no circumstances be used for sleeping. 2. The garage shall be equipped with leaders and gutters to carry rain runoff into drywells. 3. The height of the garage shall be limited as provided in the Code(s) for ma accessory building. This action does not authorize or condone any current or furore use, setback or other feature of the subject property that violates the Zoning Code, other than such uses3 setbacks and other features as are expressly addressed in this action. /~Gerard P. Goehringer, Chairman J-- APPEAI~S 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 NOVEMBER 29, 2001 Appl. No. 5017 - FIRST BAPTIST CHURCH Location of Property: 15 C.R. 48, Cutchogue 1000-101-!-14.5 Date of Public Hearing: November 15, 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: The subject property is a vacant -parcel of 3.68 acres on the north side of Route 48 in Cutchogue, with road frontage of 195.8 feet and average depth of about 831 feet. APPLICANT'S REQUEST: Applicant requests a Special Exception pursuant to Code section 100-31B(2) to authorize the establishment of a church on the subject property. The zoning map shows that a portion of the property near Route 48 is zoned RO, in which zone a church is a permitted use. However, the rest of the property is zoned A-C, in which zone a Special Exception is required for a church. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) After taking testimony, reviewing materials submitted and making personal inspection, the Board has considered the General Standards for Special Exceptions set forth in Code section 100-263, and finds and determines the following: (A) The proposed church use will not prevent the orderly and reasonable use of adjacent properties, or of properties in adjacent use districts, or of permitted or legally established uses in its use district or in adjacent use districts. (B) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed church use and its location. (C) The proposed chur6h use will be in harmony with, and promote the general purposes and intent of, the Zoning Code and will be compatible with its surroundings and with the character of the neighborhood and of the community m general. (D) The structure will be readily accessible for fire and police protection. (2) No adverse findings result from a review of the matters to be considered under Code section 100-264. 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, DE LIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 29, 200'i Appl. No.5020 - BRUCE AND MAUREEN CAMPBELL Location of Property: 620 Meday Avenue, Mattituck 1000-113-10-15.7 Date of Public Hearing: November 15, 2001 FINDINGS OF FACT Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 PROPERTY DESCRIPTION: The subject property is a heavily wooded parcel of 2.9 acres in Mattituck, with northerly frontage on Meday Avenue (about 300 feet) and southerly frontage on Westphalia Road (about 254 feet). The easterly side of the property is bordered by Illinois Avenue. an unpaved lane. The property is improved with a frame house and several accessory buildings. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated August 13, 2001, denying a permit to build a garage because the proposed structure would be in the front yard, in violation of the requirement of Code section 100-33 that accessory structures be in the rear yard. AREA VARIANCE RELIEF REQUESTED: Applicants request a variance authorizing construction of the garage 'n the proposed location (as descri bed below). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal ins pection, the Board makes the following findings: 1. As a result of the shape of the subject property and the location of the house, most of the property is "front yard" within the meaning of the Code. Applicant consequently needs a variance for virtually any location for the proposed garage. Applicant will use the garage for storage of a vehicle collection, and wishes to place it in an out-of-the-way location. The proposed location is about 140 feet from Westphalia Road, and is well screened; it is closer to Illinois Avenue. but that rough lane is little used. The Board concludes that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 2 There is no evidence that grant of the requested variance will have an adverse effect or im pact on physical or environmental conditions. 3. Applicant testifies that he understands that his two adjoining lots. facing on Meday Avenue and Westphalia Road, respectively, have merged, and that only one principal use - his home - is permitted on the property, and that the garage cannot be more than an accessory structure. 4. Grant of the requested variance is the minimum action necessary to enable applicant to enjoy the benefit of a storage garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 2 - November 29. 2001 ZBA Appk No. 5020 -B. and A. Campbell 1000-113~10-15.7 at Mattituck RESOLUTION/ACTION: On motion by Members Collins. seconded by, it was RESOLVED, to G RANT the vadance as applied for,. subject to the following CONDITIONS: 1. The garage shall be used only for storage, as an accessory structure to the dwelling, and shall under no circumstances be used for sleeping. 2. The garage may be supplied with the utility of electricity only. 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: Membe~r (Ch~airm-~'¢~ Din~izio, T. prtora, and Collins. (Member Horning of Fishers Island w/a,s~'bsent.)T/h~ Re~iution~/~ a/dgpted (4-0). / /X~erard P. Goehringer / Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Hornirlg BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 29, 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. 5021 - THOMAS AND ANNETTE JORDAN Location of Property: 1680 Brigantine Drive, Southold Date of Public Hearing: November 29, 2001 Parcel 1000-79-4-25 (and 26) FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is a vacant lot shown as Lot 56 on the Map of Harbor Lights Estates, filed with the Suffolk County Clerk's Office August 7, {968 as Map No. 5147. The adjoining lot is the applicants' house lot shown as Lot 55 also on the filed Map of Harbor Lights Estates. The lot which is the subject of the lot waiver contains a total area of 33,049 sq. ft. with 125 ft. frontage along the north side of Brigantine Drive in Southold. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's August 22, 2001 Notice of Disapproval stating that vacant lot #56 merged with the house lot #55 under Article II, Section 100-25A. APPLICANTS' REQUEST: Applicant requests a Lot Waiver to unmerge Suffolk County Tax Map Lot 25 (SubdiviSion Lot 56) from Lot 26 (Subdivision Lot.55). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection: the Board makes the following findings: 1. The title search submitted by the applicant shows that Triple Oak Developers, Inc. purchased the vacant lot of 9/2/1989. The applicants, Thomas and Annette Jordan, were the sole shareholders of Triple Oak Developers. Inc. at the time they decided to dissolve the corporation and 'retain ownership of this lot. It is at this time (1989) the lots became merged because, unknown to the applicant, the Town remove the list, Town Code Section 100-12 which exempted lots on this Town-approved subdivision map, Harbor Lights Estates, Section III. 2. The Board received testimony from the applicants' attorney that this lot was purchased as an investment. The applicants also point to the fact that they purchased the lot under a corporate name as evidence that this was intended to be a business transaction. As further evidence that the applicant had not intended to merge the lots they point to the fact that there was no use or improvements on the lot. 3. The waiver of merger will recognize the original lot lines shown on the Map of Harbor Lights Estates. Section III. These two lots. when separated, will be equivalent in size to the neighboring lots. 4. The waiver of merger will allow for the ultimate construction of one additional single-family residence in the neighborhood, which will not result in a s~gnificant increase in the density. APF-~r~M_S 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 NOVEMBER 29, 2001 Appl. No. 5029- ROBERT KRUDOP Location of Property: 170 Tuthill Lane, Cutchogue Date of Public Headng: November 15, 2001 FINDINGS OF FACT 1000-96-1-8 PROPERTY FACT: Applicant's property is a 14,787.45 sq. ft. parcel with 112.50 ft. frontage along Tuthill Road (north) and a depth of 133+- feet. The lot is improved with two single-family dwellings and a garage building. BASIS OF APPEAL: September 26, 2001 Notice of Disapproval which cites Section 100-243A of the Zoning Code. The reasons stated in the Building Inspector's Notice of Disapproval is that a "nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The property is located in the Light Industrial Zone District. RELIEF REQUESTED: The relief requested is to move one of the dwellings which straddles the westerly side lot line, to a new location at about two feet from the westerly side property line and 31.7 feet from the rear property line. FINDINGS OF FACT: The Zoning Board of Appeals held public hearings on this matter on November 15, 2001, at which time wdtten and oral evidence were presented. Based upon all teStimony, documentation, personal observations of members of the Board and other evidence, the Board finds the following facts to be true and relevant: During the public headng, the board members requested and applicant agreed to provide the maximum possible side yard setback of the westerly dwelling from the lot line. The applicant has revised his plan to increase the side yard setback to the westerly lot line to a minimum of three feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: I Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwellings and accessory garage are preexisting nonconforming. Part of one of the existing dwellings straddles the westerly property line and the applicant wishes to correct the problem by moving the dwelling so that it is situated fully within the applicant's property lines. The applicant also plans to renovate an existing one- story frame dwelling and renovate and move an existing accessory garage. The renovated structures would reduce the existing lot coverage from approximately 20 percent to approximately- 16 percent. The renovated structures and improvements wil enhance the property and be a Page 2 - November 29, 2001 ZBA Appl. No. 5029 - R. Krudop 1000-96-1-8 at Cutchogue benefit to the neighborhood and surrounding properties. The variances granted herein will reduce the degree of the buildings' nonconformity, 2. The benefit sought cannot be achieved by some method feasible for the applicant to pursue other than an area variance because the westerly dwelling straddles the property line. The applicant cannot move the dwelling to meet the 10-foot required side yard setback because the accessory garage is adjacent to the dwelling, and the garage cannot be moved further east because of existing cesspools: If the westerly dwelling were moved more to the center of the property, the garage and dwelling would be in a conforming location, but the dwellings would block access to the garage doors and the garage would be unusuable. 3. The area variance is not substantial because the applicant will increase the westerly side yard setback of the existing dwelling from a zero set back to three feet. Although a small section, approximately 10 x 32 ft. of the front of the garage is in the side yard of the westerly dwelling, it is in a nonconforming location (the required rear yard) of the easterly dwelling. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Although a small section, approximately 10 x 32 ft. of the front of the garage is in the side yard of the westedy dwelling, it is in a conforming location (the required rear yard) of the easterly dwelling. 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. BOARD RESOLUTION: NOW, THEREFORE, on motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance with a minimum three ft. setback from the westerly property line for the most westerly dwelling, as applied for VOTE OF THE BOARD: AYES: Members Goehring~ Di~-zio~d~ra.~ (Member Collins abstained.)(Member Homing was~h~n a~..~d~~ ~RARD ¢~OEHRINGEI~ ' CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main. Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 29. 2001 Appl. No. 5028- ANN LENCESKI Location of Property: 3700 Minnehaha Boulevard, Southold Date of Public Hearing: November 15 2001 87-3-5 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a 7,760 sq, ft. parcel with 55 ft. frontage along the north side'of Minnehaha Boulevard in South01d. The property is improved with a dwelling, recently re-constructed, with a setback at 53 feet from the bulkhead (north). BASIS OF APPEAL: Article III, Section 100-239.4 of the Zoning Code, based on the Building Inspector's Notice .of Disapproval dated August 6, 2001 for the reason that the proposed new wood deck addition will be located 44 ft. from the bulkhead instead of 75 feet. RELIEF REQUESTED: The relief requested is a 44 ft. setback from the bulkhead at its closest point (north) for a proposed open deck addition at the rear of the dwelling. 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 lots in' the area are similar in s~ze with similar locations. 2. The benefit sought cannot be achieved by sc me method, feasible for the applicant to pursue other than an area variance. The lot is small. The house was built with a 25 ft. front yard setback which is similar to other homes in the area and is of modest size. There is no location on this lot that would not require more, extensive relief by the Board of Appeals. 3. The area variance 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. 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. BOARD RESOLUTION: Based on the evidence and testimony submitted, motion was offered by Member Dinizio seconded by Chairman Goehringer, and duly carried, to: Page 2 - November 29, 2001 ZBAApp No. 5028-Ann Lenceski . ~. 1000-87_3_5 "'~f~J"~. , at Southold APPROVE the application as applied for, WITH THE CONDITION that the deck not be closer than 44 feet to the bulkhead and that there be no further building intrusions into this northerly yard area. 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 su ch uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing was absent.) This Resolution was duly adopted (4-0). ...... CHAIRMAN ./,¢: ....... ,..3) Ai ;[D FILED BY 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 NOVEMBER 29, 2001 Appl. No. 5024 - ROBERT RUTKOSKI Location of Property: 11165 C.R. 48, Mattituck Date of Public Hearing: November 15, 2001 1000-108-1-2 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a 4.80-acre parcel situated between two Town streets: Wickham Avenue (north) and Middle Road, C.R. 48 (south). A new dwelling is under construction (ref. B.P. #27190 issued 3/29/01) and large storage barn (constructed in 1998 under B.P. #24952). BASIS OF APPLICANT'S REQUEST: Applicant requests an area variance to locate a proposed accessory 20 x 40 fi. in-ground swimming pool in the southeast yard area near the proposed deck of the new d~velling. The pool is proposed with a 40+~ ft setback, which is greater than the minimum requirement of 20 feet from the easterly side property line. Under the definitions of the zoning code, this property has two side yards and two front yards. The area proposed for the pool gives the appearance ora rear yard. REASONS FOR BOARD ACTION: Based on the evidence and testimony submitted, the Board finds as follows: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if grant, because the proposed pool will be placed approximately 300+ feet from Middle Road (C.R. 48) in what is effectively the rear of the dwelling and 40 feet from the side yard. Both of these setbacks exceed the minimum setback from any property line for any zone in the code. 2. The benefit sought by the applicant cannot be aclfieved by some method, feasible for the applicant to pursue, other than an area variance. The town code considers all lots that have frontages on two streets at opposite ends of the property as having two front yards and two side yards, eliminating the rear yard designation. 3. The amount of relief requested is not substantial because the lot is large and the location of the pool is in keeping with the spirit of the code with respect to the location of accessory structures near the dwelling. ~age 2 -November 29, 2001 Appl. No. 5024 - R. Rutkoski 1000-108-1-2 at Mattituck, 4. The relief granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty has not been self-created. BOARD ACTION: Now, therefore, on motion by Member Dinizio, seconded by Member Collins, it was RESOLVED~ to approve the variance as requested with the CONDITION that the pool remain unroofed and open to the sky as proposed. Vote of the Board: Ayes: Members Goehringer (Ch~o, Tortora, and Collins. (Member Homing of Fishers Island was absent.)/T-q~Res~aspatsr~opt~d~4-J~). ~// Chairman 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 Halt 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone'(631) 765-1809 FINDINGS, DELIBERATIONS AND DETERM NATION MEETING OF NOVEMBER 29, 2001 Appl: No. 5030 - FRED and MARY MILNER Location of Property: White Eagle Drive, Mattituck Date of Public Hearing: November 15, 2001 1000-127-9-22 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTiON: This property is a parcel of 40,112 sq. ft. in Laurel, with 184 feet of frontage on White Eagle Drive and depth of 218 feet. The property is improved with a single-family, two-stow house with attached garage, front porch and rear deck, an in-ground swimming pool and a partially completed "pool house" structure. BASIS OF APPEAL: Building Department's Notice of Disapproval dated August 9, 2001 denying a building permit for the pool house for the reason that it is located in the side yard rather than in the rear yard as required by Code section 100-30A.4. AREA VARIANCE RELEIEF REQUESTED: Applicant requests a vanance authorizing the location of the accessory pool house structure in its current location. The setback provided by applicant is 17 ft. +- at its closest point to the side property line and rear of the foundation section of the existing dwelling. A corner section of the pool house, or cabana, structure is to the side of the rear deck. 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 states that after he obtained a Building Permit for the pool, which is entirely within the rear yard, the Building Department verbally agreed to amend the Permit to include the pool house, on the understanding that it would be located in the rear yard. Applicant chose the location for the pool house n the belief that the rear yard began at the rear wall of the house. However, after the pool house was framed, the Building Department ruled that a corner of the structure is in the side yard, determined on the basis that the rear yard begins at the outer edge of the rear deck, not at the wall of the house. 2. The pool house structure provides storage space for outdoor equipment, a shower and a deck adjacent to the pool. It is accessory to the dwelling. 3. The nonconforming segment of the pool house is relatively small. Although removal of the nonconforming corner segment would bring the structure technically into compliance with the Code. it would have no significant effect on the overall appearance Page 2 - November 29, 2001 Appl. No. 5030 - F. Milner 1000-127-9-22 at Laurel of the subject property. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. The action set forth below is the m~nimum necessary to enable applicant to enjoy the benefit of a pool house as planned while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a variance authorizing the existing partially-completed accessory pool house building, subjecrt to CONDITIONS: location of the the following 1. A screen of arborvitae or similar evergreens, 3 to 5 feet high on approximately 5-foot centers, shall be planted prior to the issuance of a'Certificate of Occupancy for the pool house and shall be continuously maintained; such screen shall extend from the southeasterly wall of the house to [he southeasterly property line, in front of the pool house so as to screen the view of the pool house from the street. 2. The pool house shall under no circumstances be used for sleep,ng. for outside shower 3. The pool.house may be served by cold water/but no other utility. 4. This Board reserves the right to inspect the property up to the time of issuance of a Certificate of Occupancy for the pool house. 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 (Ct~~izio, Tortora, and Collins, (Member Horning of Fishers Island was abs-e.j)t-'a'~ excus'eCd"' TcJ~d~-R---~.,.~olution ~/as duly adopted (4-0). (, , , '//Gerard P. Goehringer ~- /~  " Chairman -- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS AND DETERMINATION MEETING OF NOVEMBER 29, 2001 Appl. No. 5018 - St. Peter's Lutheran Church Street Address: 71305 Main Road (a/k/a Route 25), Greenport; Zone District: Limited Business (LB) Date of Public Hearing: November 15, 2001 1000-45-2-7.1 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the north side of NYS Route 25 in Greenport. and consists of 4.3669 acres with 500.06 ft. of frontage along the Main Road and Old Main Road. Existing on the lot is a church in the main building and an accessory building is located in the rear yard. APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100-31B(2), and 100-81b(1), for expansion/additions to an existing Place of Worship, at Zone District: Limited Business. All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing church uses by Special Exception review, and on the basis of testimony presented and personal inspection the Board finds: Additions to existing churches are permitted in this LB Limited Business Zone District under Section 100-31B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that the addition to the existing Church is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section.100-263 and finds that: A) The use of the proposed addition will not prevent the orderly and reasonable in this zone district and adjacent districts. The adjacent property to the north, east and west are zoned Limited Business, and south of Route 25 zoned Light Industrial Office. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use ~s to be located or of permitted or legally established uses in adjacent use districts. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the P,age 2- Ap,pi-: Np.,SE-5018 St. Peters Lutheran Church (Addition) Decision Rendered 11/29/01 code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and matedal will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264 and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Church uses are encouraged and allowed by Special Exception approval from the Board of Appeals. C. The location of the proposed church addition will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or pdvate water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto'will not give off obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The continued operations as a church facility will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire flood, erosion or panic by reason of or as a result of the use or by the building to be used. or by the accessibility of the property or structures thereon for the convenient entry and operation of Page 3 - Appl. No. SE-5018 St. Peters Lutheran Church (Addition) Decision Rendered 11/29/01 fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a church facility. J. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this use. b The use is not unreasonably near a school, theater, recreational area or other place of public assembly. M The site ~s particularly suitable for church and related activities considering its size and character of the neighborhood. N. NO evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without dsk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the application, as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Absent was Member. Horning, of */*"~--~//"~ Fishers Island). This Resolution w~ d~lv adopted (4-0). ///~erard P~,' Goehringer ~. Chairman APPEA/~S 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 NOVEMBER 29, 2001 Appl. No. 4965 - NORMA MILLER Location of Property: 12019 Main Road, East'Marion 1000-31-14-14 Date of Public Hearing: November 15, 2001 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of approximately 11,500 sq. ft. on the south side of Main Road in East Marion, with 37 feet of road frontage, an average depth of about 233 feet and frontage on Orient Harbor of about 7Q feet. It is improved with a frame house shed and garage. BASIS OF APPEAL: Building Department Notice Of Disapproval dated May 21, 2001 denying a permit for renovations to the existing accessory garage building for the reason that Code Section 100-31(A)(1) allows only one single-family dwelling on a parcel. APPLICANT'S REQUEST: A ppticant requests a zoning ruling for allowance of a window in the garage and other alterations needed in order to bring the garage into compliance with applicable Building Code requirements. ADDITIONAL INFORMATION: For record purposes the following Building Permits were issued pertaining to this garage building: (a) Building Permit No. 10752-Z issued June 25, 1980 for a "deck addition: to an existing accessory structure with sleeping facilities; (b) Building Permit No. 9373 dated July 22, 1977 for a 12x17 ft. deck. and alterations to an accessory building; also see Building Inspectors letters dated July 31, 1979 and July 15, 1977 to the applicant(s). REASONS FOR BOARD ACTION, ~DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. In the late 1970s, applicant and her late husband altered the garage for use as guest accommodation. Correspondence between the Millers and the Building Department at that time'shows that conversion to sleeping quarters, with bath, was allowed.but that a kitchen was not permitted because that would render the garage a second dwelling unit on the property. 2. In a letter of October 19, 1981, the Building Department advised Mrs. Miller that a window in the bedroom of the subject garage did not meet applicable requirements, and Page 2 - November 29, 2001 Appl. No. 4965 - Norma Miller 1000-31-14-14 (Accessory Building) had to be re'placed with a larger window, and that other Building Oode violations identified in a letter of July 2, 1979 needed correction. 3. Applicant testified that the project became dormant after her husband's death. and that she wishes to pursue it now. 4. Applicant testified that the garage/cottage wil be used as sleeping accommodation only for personal guests. This space is needed for personal guests now that applicant is operating a B&B in her dwelling. There will be no change in the appearance of the garage structure, and grant of applicant's request will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 5. There is no evidence that grant of applicant's request will have an adverse effect or impact on physical or environmental conditions. RESOLUTION/ACTION: On motion by Member Collins, seconded by' Chairman Goehringer, it was RESOLVED, that this Board, pursuant to its authority under section 267-b(1) of New York Town Law, authorizes the proposed installation of a new window in the garage/cottage and such other alterations, as proposed in applicant's Building Permit application, as are necessary for compliance with the New York State Building Code, subject to the following CONDITIONS: 1. The garage/cottage shall continue to be an accessory to the main dwelling and may not be rented except in a single transaction involving rental of all structures on the property. 2. The garage/cottage may not be used to accommodate customers of the B&B. 3. The garage/cottage shall not be equipped with any cooking facilities, although a small convenience-size refrigerator is permitted. 4. The garage/cottage structure shall not be expanded. 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 - November 29. 2001 Appl No. 4965 - Norma Miller 1000-31-14-14 (Accessory Building) setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goeh~, Di.~i~:~rtor..g~, an.d,  Chairman ~