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HomeMy WebLinkAboutZBA-12/13/2001APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAI,S TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, DECEMBER 13, 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 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hail, 53095 Main Road, Southold. New York 11971, on Thursday, December 13, 2001 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member (arrived 6:43 p.m.) Lydia ~ Tortara, Member George Homing, Member Lora S. Collins, Member Also present from the office staff were Board Secretary Linda Kowaiski and Paula Quintieri. 6:35 p.m. Chairman Gerard P. Goehringer cailed the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION. Motion was offered by Chairman Goehringer, seconded by Member Tortora, to confirm the following applications, as applied for, as Type H Declarations under SEQRA: Type II Declarations: Appl. No. 5037 - Kevin and Katherine Leavay. Accessory B & B. Appl. No. 5035 - Roland and Karen Grant Cabana setback variance. Appl. No. 5036 - Prime Gailery. Wail sign dimensional variance. Appl. No. 5034 - Helen Rust Family Partnership. Setback variance. Appl. No. 5025 - Maicom and Ethel McAllister. Setback variance. Appl. No. 5004 - J. Potorski. Waiver to Unmerge Substandard Lots. Appl. No. 5033 - Dean DiMaggio. Setback variance. Appl. No. 4999 - L. Adjemian. Waiver to Unmerge Substandard Lots. Appl. No. 4928 - M. Colavito. Height of Structure. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Collins, and Homing. This Resolution was duly adopted (4-0). (Member Dinizio was absent during this Resolution.) IL PUBLIC HEARINGS: The Chairman proceeded with the following agenda items, and opened each hearing for comments from persons in the audience. (It is noted that the Affidavits required under Ch. 58 were submitted by the applicants for the record for each of the following applications.) Also, please see the written Transcripts of statements made during each of the following hearings, prepared separately: 6:35 - 6:37 p.m. Appl. 1'4o. 5031 - MARGARET TRAVIS RADACINSKI. A variance is requested under Page 2 - Minutes December 13,2001 Regular Meeth~g Southold Town Board of Appeals II. PUBLIC HEARUNGS, continued: Section 100-30A.3, based on the Building Inspector's October 1, 2001 Notice of Disapproval, to locate a shed in an area other than the required rear yard at 55 Sound Road, Greenport; Parcel 1000-35-1-8. The Chairman asked if there was anyone in the audience Wishing to speak either for or against the application. The Board Secretary confirmed Mrs. Radacinski was asked to attend the January 10, 2002 hearing instead of both scheduled meetings. RESOLUTION ADOPTED: Hearing no comments from anyone in the audience, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing for a continuation on January 10, 2002, to allow additional time, since the legal notice was only published today for this application by the official newspaper. This Resolution was duly adopted (4-0). (Member Dinizio was absent during this Resolution.) 6:37 p.m. Member Dinizio arrived. 6:37- 7:41 p.m. Appl. No. 5037 - KEVIN and KATHERINE LEAVAY. Applicant-Owner is requesting a Special Exception under Article IH, Section 100-30A.2B and 100-3lB, 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, at 95 Harper Road West, Harvest Homes Estates Lot 6; Southold: 63-7N6. Mr. and Mrs. Leavay, and other residents in the area, spoke in support of their application. Speaking against the application were several residents in the area. Please see the written Transcripts of statements made during each of the following hearings, prepared separately. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer? seconded by Member Homing, and duly carried, to close the oral portion of the hearing and extend the writtedt portion record to accept written statements for the next two weeks. This Resolution was duly adopted (5-0). 7:42 - 8:12 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) feet from the side property line, at 1775 Indian Neck La., Peconic; Parcel 86-5-9.1. Mr. and Mrs. Grant both spoke in support of their application. Speaking with concerns about the location of the cabana was the immediate landowner, Virginia Peters. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Mr. and Mrs. Grant agreed to furnish a map showing the distance between the cabana and the inground pool in the next day or so. II. PUBLIC HEARINGS, continued: 8:12 - 8:17 p.m. Appl. 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 height instead of 36 inches. Location of Property: 53800A Main Rd., Southold; Parcel 1000-61-4-7.2. Mr. Lynn Curlee spoke in support of his application. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horuing, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISION ADOPTED: Following the Resolution to close of the hearing, motion was offered by Member Collins, seconded by Member Homing, and duly carried, to approve the Appl. No. 5036 - Prime Gallery, as applied for. A copy of the official Findings and Determination filed with the Town Clerk, is attached hereto as though fully written and set forth herein. Page 3 - Minutes December 13,2001 Regular Meeting Southold Town Board of Appeals II. PUBLIC IIEARINGS~ continued: 8:17 - 8:38 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 determining that the westerly yard area is a side yard rather than a front yard, or in the alternative, a variance under Section 100-30A.3 to allow an addition with a front yard at less than the code 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 75 feet. Location of Property: 4680 Wunneweta Road, Cutchogue; 111-14- 34. Richard F. Lark, attorney for the applicant, spoke in support of the requested variance. Mr. J. Cello, attorney spoke with concerns about work at the site and the ownership of the land abutting the property and/or right-of-way line. The attorneys both agreed to a date of January 24, 2002, and Mr. Lark said he would contact Mr. Cello directly in the meantime. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing for a continuation on January 24, 2002, the first hearing on the agenda. This Resolution was duly adopted (5-0). 8:38 - 9:10 p.m. Appl. No. 4998 - ELIZABETIt SENTELL ~Continued at applicant's request). This is a request for a Variance under Article 3LXIV, Section 100-242A, and Section 100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval: The applicant is proposing additions to existing dwelling with side yard setbacks at less than 10 feet on one side and less than 15 feet on the other. Location of Property: 220 Lakeview Terrace, East Marion; Parcel 1000-31-9-16. The applicant's Architect, G. Strung appeared and ask if the Board will be rendering a decision regarding a different applicant's request for Interpretation, filed by Roger Walz under Appl. No. 5038, and the Chairman replied the Board was not expecting to act on the Interpretation at this time. Mr. Strung decided to present the details of Mrs. Sentell's variance request, rather than waiting for the Interpretation under AppL No. 5038. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation on January 24, 2002, pending receipt of an architectural diagram or sketch for consideration as an alternative to the original plan. This Resolution was duly adopted (5-0). 9:10 - 9:22 p.m. Appl. No. 5025 - MALCOLM and ETHEL McALLISTER - A Variance is requested under 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. Property Location: Northwest side of Oceanview Avenue, Fishers Island; 1000-9-6-8.4. Richard lt. Lark, attorney for the applicants, spoke in support of the variance request. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehrlnger, seconded by Member Collins, and duly carried, to dose the hearing. This Resolution was duly adopted (~-0). 9:22 -9:33 p.m. A short break was taken. 9:33 p.m. The Board reconvened and continued with agenda items. 9:33 - 9:40 p.m. _&ppi. No. 5004 - J. POTORSKI. This is a request under Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk County Tax Maps as 1000-79-3-16 from 1000-79-3-25. This request is based on the Building Inspector's August 22, 2001 Notice of Disapproval which states thai Lot 16 has merged with an adjacent lot to the west (1000-79-3-25) pursuant to Section 100-25 which lots have been held in common ownership during a period of time after July 1, 1983. Property location: 4635 North Bayview Road, Southold. P. Moore, Page 4 - Minutes December 13. 2001 Regular Meeting Southold Town Board of Appeals Il. PUBLIC HEARINGS. continued: attorney for the applicant, spoke in support of the waiver application. Also present were Mr. and Mrs. Potorski. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duty adopted (5-0). 9:40 - 9:55 p.m. Appl. No. 5033 - DEAN DI MAGGIO. A variance is requested under Article XXIV, Section 100-244B, based on the Building Inspector's October 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. M. Croteau, Project Manager spoke in support of the application. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Board Members asked that the Planning Board Office submit a reply to the ZBA inquiry before January 4, 2002. Mr. Crouteau inquired as to whether or not he could contact the Planning Board Office and was told that was also possible, since it may assist the Planning Board office in their review for comments. 9:55-10:01 p.m. Appl. No. 5038-DANAFQX_. This is a request under Section 100-26foraLotWaiverto~-~,~ unmerge property shown on the County Tax Maps as 1000-114-7-5.2 from 1000-114-7-5;1.This r{ uestis based °r{ ~' eq ' : 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 been held in common ownership during a period of time after July 1, 1983. Location of Property: 230 Lesters Road and 2810 Westphalia Road, Mattituck. P. Moore, attorney for the applicant, spoke in support of the application. Mr.. Fox was also present. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 10:01 - 10:29 p.m. AppL No. 4999 - LOUISE ADJEMIAN. This is a request under Section 100-26 for a 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 ownership during a period of time after July 1, 1983. Location of Property: 1825 and 1715 McCann Lane, Greenport. P. Moore, attorney for the applicant, spoke in support of the application. Opposing the application and submitting information to the Board was Lynda Tonyes, resident and nearby property owner. (Please see the Transcript with written statements offered during the hearing prepared separately.) RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 10:29 - 10:46 p.m. Appl. No. 4928 - MICHAEL COLAVITO. Requesting a Variance under 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 2-1/2 stories. Location: 6150 Main Bayview Road, Southold; 78-4-44.2. The applicant's Architect, Frank Notaro, spoke in support of the variance request. RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 10:46 p.m. Appl. No. 5023 - NORTH FORK COUNTRY CLUB. (This hearing is a carryover pursuant tof~ applicant's request, carried from the Board s 11/29 meeting). This is a request for a Variance under Section 100-~ 31B(7), and Article XXIV, Section 100-244B, based on the Building Inspector's September 7, 2001 Notice o~ ~lli~I ~ - Minutes ~ember 13.2001 Regular Meeting .,onthold Town Board of Appeals 31B(7), and Article XXIV, Section 100-244B, based on the Building Inspector's September 7, 2001 Notice of Disapproval. The reasons stated in the Disapproval is that Building Per--mit #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. Location of Property: 300 Linden Avenue (a/k/a Moore's Lane), Cutchogue; Parcel 1000-109-3-8.1 (7.1 and part of 4). Zone District: Rd Residential Office, and R-40 Residential (northwest corner). P. Moore, attorney for the applicant, spoke in support of the application. J. Kevin McLaughlln, attorney for the abutting landowners, Mr. and Mrs. Surozenski, was present earlier but left before the hearing reconvened. Mrs. Moore submitted new information indicating the terms of the agreement between the applicant and Mr. and Mrs. Surozenski (residents to the west). RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). End of hearings. BOARD RESOLUTION: (Agenda Item IV Added by the Chairman; Carryover from November 15, 2001 Agenda): RESOLUTION SUPPORTING REAPPOINTMENT OF ZBA MEMBER(S): Motion was offered by Member Homing, seconded by Chairman Goehringer, and duly carried, to support the reappointment of James Dinizio, Jr. as ZBA Member for a new five-year term. Also. the Members of the Board of Appeals also voted to re- affirm the Resolution adopted at the Zoning Board's Regular Meeting held November 16, 2000, to support Lora S. Collins as a ZBA Member for a five-year term. This Resolution was unanimously adopted (5-0). DELIBERATIONS/DECISIONS (Agenda Item HI): The Board deliberated on the following applications. Please see official Findings, Deliberation and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein; the original has been filed with the Office of the Town Clerk. Copies of the official determinations, as filed, are attached to this set of Minutes: Denial with Grant of Alternative Relief: AppL No. 5035 - Roland and Karen Grant. Approval (as applied for):. Appl. No. 5004 - J. Potorsld. AppL No. 5039- D. Fox. Appl. No. 4999 - L. Ajemian. (Appl. No. 4928 - M. Colavito) Approval with Conditions: Appl. No. 5023 - North Fork Country Club. The Chairman adjourned the meeting at 11:15 p.m. ~Chairman / / Respectfully submitted, ISinda Kowalski 12/31/01 APPEALS BOARD MEMBERS Gerard P. Goehfinger, 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 REGULAR MEETING OF DECEMBER 13, 2001 LOUISE AJEMIAN 1000-33-3-23.2 and 40.1 1825 McCann Lane, Greenport C HEARING: December 13, 2001 The property which is the subject of this request to unmerge -33-3-23.2 (Lot 23.2), unimproved land on McCann Lane in Greenport about 55 feet and depth of 160 feet. This land comprises the original Lot 14 in the Eastern Shores subdivision, which was filed adjoining land, SCTM 1000-33-3-40.1, abuts this land on the line.) JEST: Building Department's Notice of Disapproval, dated August that the subject property (Lot 23.2) has merged with the parcel to the north, SCTM 1000-33-3-40.1 (Lot 40.1), pursuant to Code reason of common ownership after July 1, 1983. : Applicant requests a waiver of the merger of Lot 23,2 with for in Code Section 100-26. BOARD ACTION, DESCRIBED BELOW: On the basis of testimony materials submitted and personal inspection, the Board makes the Lot 40.1 comprises Lot #15 in the Eastern Shores subdivision and the r;half of subdivision Lot #14. Consequently, CTM Lot 40.1 is 1.5 times the typical lot originally laid out in that subdivision. CTM Lot 23.2, the southerly half of subdivision Lot #14, is one-half the size of the inal lot. Eastern Shores sold subdivision Lot #15 to Louise Ajemian (LA) and (EY) in October 1968. LA and EY bought the northerly half of )n Lot 14 in February 1969 from E. Baron, who had previously acquired 14 from Eastern Shores. In May 1970, LA and EY conveyed these two .~ property now identified as Lot 40.1) under a single deed, giving a one- LA and a one-half interest to EY and her husband Paul Yerganian, nt tenants with right of survivorship. A house was built in 1970, located ortherly portion of Lot 40.1, that is, on the portion that was subdivision Page 2 - December 13, 2001 Appl. No. 4999 - L. Ajemian 1000-33-3-23.2 at Greenport 3. In February 1972, E. Baron conveyed the southerly half of subdivision Lot 14, that is, Lot 23.2, by deed to LA and EY as joint tenants with right of survivorship 4. There were no further transactions involving Lot 23.2 or Lot 40.1, although Lot 23.2 was erroneously included in the recitations of a 1987 deed conveying subdivision Lot 13 (owned by LA and EY) to Karavas. 5. EY died in 1998, leaving LA as sole owner of Lot 23.1. Paul Yerganian died in 1999, leaving LA as sole owner of Lot 40.1. The Lots thereupon merged. The merged parcel comprises original Lots 14 and 15 of the Eastern Shores subdivision. 6. LA now wishes to reconstitute original subdivision Lot 14 and sell it to a buyer who intends to build a home. To accomplish this, Lot 23.2, which is the southerly half of subdivision Lot 14, must be unmerged from Lot 40.1. The unmerged parcel would then be sold under a single deed together with the southerly one-third of Lot 40.1, which is the northerly half of subdivision Lot 14. LA will retain the northerly two-thirds of Lot 40.1, which is subdivision Lot 15 and on which the house was built in 1970. 7. Provided that LA's plan described in paragraph 6 is accomplished, the requested waiver will recognize the original lines of subdivision Lot 14, which will be consistent with the size of lots in the neighborhood. Waiver of merger will allow for construction of one single-family dwelling on original subdivision Lot 14, 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 subdivision Lot 14, nor for substantial filling affecting nearby environmental or flood areas. 8. Waiver of merger will avoid economic hardship for applicant, who otherwise will be left with an unusable parcel (Lot 23.2). Testimony was offered that the reconstituted subdivision Lot 14 is under contract of sale for $90,000. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the requested Waiver of merger of Lot 23.2 with Lot 40.1, subject to the CONDITION that the applicant joins Lot 23.2 to the southerly one-third of Lot 40.1 so as to reconstitute exactly the lines of original subdivision Lot 14, and conveys that newly constituted parcel to a buyer as a single parcel Page 3 - December 13, 2001 Appl. No. 4999 - L. Ajemian 1000-33-3-23.2 at Greenport under a single deed. To ensure that this condition is met, no Building Permit shall be issued for any structure on the land now identified as Lot 23.2 unless such land shall have been joined to the southerly one-third of Lot 40.1 and transferred under a single deed, as described in the preceding paragraph. 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,  /"~Gerard P. Goehringer, Chairm~ /2~/~t APPEALS BOARD MEMBERS Gerard P.-c~oehrkpger, 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 (63~) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 13, 2001 Appl. No. 5038 - DANA FOX 1000-114-7-5.2, 5.1 STREET & LOCATION: 230 Lesters Road and 2810 Westphalia Road, Mattituck DATE OF PUBLIC HEARING: December 13, 2001 PROPERTY FACTS: The subject property is located on Westphalia Road in Mattituck. It is an unimproved lot, identified as Lot 5.2 on the Suffolk County Tax Map, and contains 18,731 sq. ft. according to the survey prepared by Stanley J. Isaksen, Jr. dated August 17, 2001. Lot No. 5.1 is the property owners' house and adjoins part of Lot No. 5.2 at a right angle. CTM Lot No. 5.1 is located on a private road and contains 20,608 sq. ft. BASIS OF APPLICATION:, Building Department's October 17, 2001 Notice of Disapproval for the reason that, under Article II, Section 100-25, Lot No. 5.2 has merged with Lot No. 5.1. APPLICANT'S REQUEST: applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26 to unmerge Lot No. 5.2 from Lot No. 5.1. Findinfls of Fact The Zoning Board of Appeals held a public hearing on this matter on December 13, 2001, at which time written and oral evidence were presented. REASONS FOR BOARD ACTION: Based on all testimony, documentation, personal observations by members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant. 1. The title search, prepared by Fidelity National Title Insurance Co. indicates that Robert Hawkins and Emma Hawkins, his wife, purchased Lot 5.2 and Lot 5.1 on October 19, 1963. A separate deed was recorded for each lot. 2. On August 20, 1969, the Southold Town Planning Board approved a "lot division," commonly known as a lot line change, according to the letter submitted with this application. The change, approved in accordance with a map prepared by VanTuyl & Son dated July 28, 1969, added a strip of land from Lot 5.2, approximately 20 ft. by 96 ft. to Lot 5.1. All of the other property lines remain intact from their creation. 3. In 1984, Mr. Hawkins died leaving Mrs. Hawkins as sole owner of both lots. Testimony was presented that Mrs. Hawkins believed that both lots were separate until she attempted to sell Lot 5.2 to her neighbor, Dana Fox, who is also the applicant. Page 2 - December 13, 2001 ZBA Appl. No. 5038 - D. Fox Parqe_lj1000-114-07-5.2, 5.2 at Mattituck 4. In considering this application, the Board believes that by action in 1969, the Southold Town Planning Board established the "original lot lines" of these two lots by its approval of the division. 5. Grant of a Waiver of Merger would recognize a lot that is consistent with the size of lots in the neighborhood. Many lots in the neighborhood are developed with single-family residences on lots similar in size to Lots 5.2 and 5.1. RESOLUTION/ACTION OF THE BOARD: seconded by Member Collins, it was Now, therefore, on motion by Member Tortora, RESOLVED, to GRANT the Waiver of Merger as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Din~jz~Tortora, Collins, and Horning. This Resolution was duly ~,~~,../.~~_~_ /~..~GCerard P. Goehringer~ Chairn~an ? APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAI,S TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 13, 2001 Appl. No. 5035 - R. and K. GRANT 1000-86-5-9.1 STREET & LOCATION: 1775 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: December 13, 2001 PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the easterly side of Indian Neck Lane ~n Peconic. The property is a 2.6 acre parcel improved with a single-family dwelling. BASIS OF APPLICATION: Building Department's September 27, 2001 Notice of Disapproval for the mason that the proposed cabana will be located with a setback at less than twenty (20) feet from the side property line, at its closest point. - AREA VARIANCE RELIEF REOUESTED: On September 27, 2001, the Applicants' request for a building permit application to locate an accessory building (cabana) was denied by the Building Department. The reason stated in the Notice of Disapproval is that the cabana will be ten 10) feet from the side yard line instead of 20 feet, as required by Code Section 100-33. FINDINGS OF FACT: The Zoning Board of Appeals held public hearings on this application on December 13, 2001. at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations by members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Applicants wish to construct a 12 ft. x 42 ft. accessory pool side cabana and pergola on the southeast waterfront corner of the property. According to the site plan prepared by Gary Duff Designs and survey prepared by John Metzger dated March 16, 1995, and last revised July 24, 2001, the accessory structure would be located at an angle~ to the side yard property line. Part of the southeast corner of the entire structure would be nonconforming at 10 feet rather than the code required setback of 20 feet. 2. Applicants testified that it would be difficult to locate the pool further to the center, or north, in order to increase the side yard setback of the accessory cabana because of an existing propane tank. Locating the structure on the north side of the property would also be difficult because of environmental constraints set forth by the NYS Department of Environmental Conservation and Southold Board of Town Trustees, as well as the natural terrain of the property, which slopes to the water. 3. The adjoining property owner to the south, Virginia Sica-Peters (CTM 9.3), expressed concern that if the variance were granted at ten (10) feet, it would limit her choices for building in the future. 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 THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, and DETERMINES THAT: Page 2 - December 13, 2001 ZBA Appl. No. 5035 - R. and K Grant 1000-86-5-9.1 at Peconic t. The accessory cabana could be located closer to the pool to provide fora greater side yard setback than 10 feet. An increased setback to 15 feet would also mean that most of the structure would be within the Code's 20-ft. minimum side yard setback, and only a small corner would be nonconforming. Grant of a five- foot area variance will not produce an undesirable change in the character of the neighborhood or a 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 an area variance. Because of the natural slope of the property, location'of the existing propane tank, as well as environmental regulations which limit construction sites, there are no Other alternatives that would not require a variance. 3. The variance granted herein is not substantial and represents a five-foot reduction in the code's 20 ft. minimum setback. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Both the NYS Department of Environmental Conservation and the Southold Town Board of Trustees have reviewed the survey and- plans referenced above and determined that the accessory cabana is not within their jurisdiction. No evidence was submitted to suggest that the accessory cabana would have a negative impact on environmental conditions. RESOLUTTON/ACTfON OF THE BOARD: fn considering a of the above factors, and applying the balancing test under New York Town Law, motion was offered 'by Member Collins~ seconded by Member Homing, and duly carried, to DENY the requested variance, and ALTERNATIVELY to GRANT a setback variance authorizing placement of the accessory cabana in accordance with the site plan submitted, except that the setback shall be :[5 feet at its closest point from the side (southeast) property line. 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 ortora, C ' and. oming. This Resolution was duly adopted (5-0). /~/,~erard P. Goehringer, ~:hair, man /~,/~5/~ r O~PEA, LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATiONS AND DETERMINATION MEEFING OF DECEMBER 13, 2001 Appl. No.' 5026 - MALCOLM and ETHEL McALLISTER 1000-9-6-8.4 and 8.3 STREET & LOCATION: NW side of Oceanview Avenue, Fishers Island DATE OF PUBLIC HEARING: December 13, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the northwest side of Oceanview Avenue, Fishers Island. The properly is a 3.12 acre parcel improved with two single-family dwellings, all as shown on the map prepared by Chandler, Palmer & King, Surveyors dated August 31, 2001. BASIS OF APPLICATION:, Building Inspector's August 20, 2001 Notice of Disapproval for the reason that a portion of the proposed accessory pool structure is proposed in a side yard area, rather than the rear yard as required under Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED: On August 20, 2001, the Applicants' request for a building permit application for a swimming pool structure was denied by the Building Department, for the reason that an reground swimming pool may not be located within a side yard, and Code Section 100-33 requires a rear yard location. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The granting of the area variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties because the location of the proposed in- ground pool provides for a 95+- ft. front yard setback from Ocean View Avenue and a 100+- ft. side yard setback from the adjacent parcel. The single-family dwelling on this site has a 60+- ft. front yard setback from Ocean View Avenue. The benefit sought by the applica at cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the steep topography in the rear yard area, and the location of the applicants' driveway, which is also in the rear yard, leaves the side yard as the only feasible location for a pool on the properly. The requested variance is not substantial because the pool will be 95+- ft. from Ocean View Avenue, 100+- feet from the property line in the affected side yard, and will not exceed the allowable lot coverage for this parcel which is located on 3.12 acres m an R-80 Zone. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The pool will be screened along Ocean View Avenue by an existing 6-8 ft. hedge row of flowering French lilacs and other ornamental shrubs. 5. The difficulty has been self-created. Page 2 - December 13, 2001 ZBAAppl. No. 5026 - M. and E. ~lcAIlister Parcel 1000~9~6-8.4 and 8.3 at Fishers Tsland RESOLUTION/ACTION OF THE BOARD: In considering all of the above faCtors, and applying the balancing test under New York Town Law, motion was offered by Member Horning, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, provided that applicants provide to the Zonincl Board of Appeals a detailed landscape plan for the area surroundinq the pool site, and that the Certificate of Occupancy, to be issued for the pool, will be contingent upon the comoletion of the landscape de. sion as it is shown on the submission to the ZoninQ Board of ADoeals. Vote of the Board: Ayes: iVlembers Goehringer (Chairman),J~q~zlo, ~ortor~,~C:--~i,ns, and Homing. This Resolution Was duly adop:l:ed (5-0): ~/~ //".//'*'~"' Gerard P. Goe~ ;rin~r, Chair~ APPEA,ES 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 REGULAR MEETING OF DECEMBER 13, 2001 Appl. No. 5023 - NORTH FORK COUNTRY CLUB 1000-109-3-8.1 STREET & LOCATION: 300 Linden Avenue (a/k/a Moore's Lane), Cutchogue DATE OF PUBLIC HEARING: November 15, 2001; November 29, 2001; December 13, 2001. PROPERTY FACTS: The subject parcel is an irregularly shaped lot of 38,087 sq. ft. in Cutchogue with 297 feet of frontage on Linden Avenue (alkla Moore's Lane) and about 46 feet on Main Road. It is improved with a one-story masonry building used for equipment storage and support services. Pursuant to Building Permit 27135, issued March 8, 2001, an one-story addition to the west side of that building, measuring 90 feet long and 28 feet deep, has been built and is near completion. The remainder of applicant's land, comprising about 100 acres, lies east of the subject parcel across Linden Avenue (Moore's Lane). BASIS OF APPEAL: Building Department Notice of Disapproval, dated September 7, 2001, denying the Building Permit for the as-built structure because: (1) it is 22.7 feet from the rear (westerly) lot line whereas 50 feet are required; (2) it is 96 feet from Main Road whereas 100 feet are required; (3) it brings lot coverage to 21% whereas 20% is permitted; (4) the lot comprises less than the required 3 acres. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the as-built structure. 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 has owned the existing building for many years and has used it as well as the open space to its west for storage of grounds-keeping equipment. The addition in question is intended to provide additional indoor storage. It is nearly complete and requiring its removal would place a substantial burden on applicant. 2. Only a narrow arm of the subject property reaches to Main Road, and that arm is abutted on the east by a real estate office and on the west by residential property. The shortfall of four feet from the required 100-foot setback from Main Road has essentially no visual effect. Page 2- December 13, 2001 Appl. No. 5023 - North Fork Country Club 1000-109-3-8.1 au Cutchogue 3. The proposed lot coverage of 20.8% is only very slightly greater than the allowed 20%, and the excess coverage has essentially no visual effect. 4. The subject property, while less than an acre, is part of a country club whose total land covers about 100 acres. In this context, the structure in question is effectively located on a parcel of much more than 3 acres. 5. The property immediately to the west is improved with a one-family house that is only 3 feet from its border with the applicant's property, and thus only about 25 .feet from the structure in question. At present them is no shrubbery or fencing along this line to buffer the neighbor's exposure to the applicant's building and related activity. The Board believes that in this case, such buffering is an important element in protecting the well-being of the neighborhood. 6. The addition under construction has 4 large doors along its west wall, facing the neighboring property to the west. The Board agrees with the neighbor that limiting such doors to the southerly portion of applicant's building will benefit the neighbor by substantially reducing the volume of equipment traffic on applicant's land closest to the neighbor's house. 7. For the reasons discussed above, the action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. 8. Grant of the relief set forth below is the minimum action necessary to enable applicant to enjoy the benefit of an expanded storage structure while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED, to GRANT a variance authorizing the 90x28-foot addition in question, as originally permitted by Building Permit 27135, in the as-built location, subject to the following CONDITIONS: 1. The northerly two garage doors on the west side of the subject addition shall be permanently closed and not used. The southerly two doors may be used. Page 3 - December 13. 2001 Appl. No. 5023 - North Fork Country Club 1000-109-3-8,1 at Cutchogue 2. The building shall be used solely for garaging and storage. No vehicle mai ntenance activity may be carried out in the building. 3. Grounds-keeping equipment and the like shall not be parked on the open ground west of the subject building except for short periods while equipment is being moved. 4. No later than June 30, 2002, applicant shall deliver to this Board, for its records, a plan of landscaping and fencing agreed to by the owner of the property immediately west of the subject building (SCTM1000-109-3-3). Such plan shall be . created and carried out at the expense of applicant, and applicant shall continuously maintain any shrubbery and fencing described in the plan. This Board reserves the right to reopen this case if such plan is not filed by the specified date (or a later date agreed to by the Board). 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 Go~e, bri.n.g)er (Chai~n), Dinizio, Tortora, This Resolutio s duly opte Collins, and Horning. //Gerard~P. Goeh~nger ~ Chairman 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 DECEMBER 13, 2001 Appl. No. 5004- JOSEPH POTORSKI 1000-79-3-16, 25 STREET & LOCATION: 4635 North Bayview Road, Southold DATE OF PUBLIC HEARING: December 13, 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 PROPERTY FACTS/DESCRIPTION: Applicants' property is located on Ship's Drive in Southold. It is an ummproved lot, No. 25, indicated on the subdivision map of Bayv, iew Woods Estates as Lot No. 4, filed inthe Suffolk County Clerk's Office September 9, 1970, Map #5520. The adjoining lot to the west (No. 16), as shown on the Suffolk County Tax Map, is located on North Bay View Road, and is improved with the applicant's house. Lot Nos. 25 and No. 16 each contain approximately .50 of an acre. BASIS OF APPLICATION: On August 2, 2001, the applicant's request for a merger determination, by way of a building permit application to locate a new dwelling, was denied by the Building Department, for the reason that the CTM Lot 16 has merged with an adjacent lot to the west (1000- 79-3-25) pursuant to Section 100-25. and the tots have been held in common ownership dudng a pedod of time after July 1, 1983. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II Section 100-26, to unmerge Lot No. 25 from Lot No. 16. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on December 13, 2001, at which tie written and oral evidence were presented. Based on 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: 1. The title search prepared by Peconic Abstract. indicates that Joseph J. Potorski purchased the house lot, No. 16, in 1964 recorded 12/22/64 at Liber 5674 page 174. On 10/15/1970, Joseph J. Potorski and Elenor L. Potorski, his wife. purchased the vacant lot No. 25, designated on the recently approved filed subdivision Map of Bay View Woods Estates as Lot 4. In 1975, Mr. Potorsk. transferred ownership of the house lot to his wife's name and his name. 2. Lot No. 25 was on the Town's exempted list of subdivisions. Section 100-12. The lots remained unmerged until 1995, with a grace period until January 1997. Unknown to the applicant, the Town removed the exemption list from the Town Code, and in 1997. the lots became merged. 3. By way of attorney, applicant testified that as late as 1990. the Town Building Department had advised them that the two lots were single and separate. Page 2 - December 13, 2001 ZBA Appl. No. 5004 - J. Potorski Parcel 1000-79-3-16, 25 at Southold 4. Grant of a waiver of merger would recognize a lot that is similar in size to others in the district. The two lots. when separated, will each be approximately .5 of an acre. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Tortora, seconded by Member Collins. and duly carried, 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 (Chairman), Dinizio, Tortora, Collins, and .~eh~nger, Chairman' / ,.~/o/ ~PPEA~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEAl 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 DECEMBER 13, 2001 Appl. No. 5036 - PRIME GALLERY (Property Owner: MLRV Corp.) STREET & LOCATION: 53800-A Main Road, Southold DATE OF PUBLIC HEARING: December 13, 2001 1000-61-4-7.2 FINDINGS OF FACT PROPERTY FACTS: The subject property is a 10-foot-wide commercial building on Main Road in Southold. The ground floor is occupied by the applicant business, a gallery, and home furnishings store. BASIS OF APPEAL: Building Department's Notice of Disapproval, dated October 10, 2001, denying a permit for an as built wall sign because it is 43 inches in diameter, in violation of the 36 inch limit in Code section 100-205(N)(5). AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the as built round wall sign, 43 inches in diameter. 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 preparation for opening his business early in 2001, Lynn Curlee, owner of the business, applied to the Building Department for a sign permit. He testified that a Building Department staff member assisted him in completing the application and advised that, because the building is 10 feet wide, the Code permitted a sign up to 10 sq. ft. in area. Them is a notation to this effect on the application papers. Mr. Curlee understood that his application had been verbally approved. 2. The applicant testified that the sign was made 43 inches in diameter, which gives it an area of 10 sq. ft. It was attached to the building some months ago. In September, the Building Department advised that the permit application had not been processed, and on October 10 the Notice of Disapproval was issued. 3. Code section 100-205(N) sets forth the requirements for wall signs. Paragraph 3 states the size limitation of one sq. ft. per horizontal foot of exterior wall. Paragraph 5 states that the sign may not exceed three feet in height. When Mr. Curlee applied for a permit, he was advised of the provisions of paragraph 3 Page 2 - December 13, 2001 Appl. No. 5036 - Prime Gallery 1000-61-4-7.1 at Southold but not of paragraph 5. He believed in good faith that his sign complied with section 100-205(N). 4. The sign is unobtrusive and its presence will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Requiring its replacement would impose an excessive burden on applicant. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. Grant of the requested variance is the minimum action necessary to enable applicant to enjoy the benefit of a business sign constructed and installed in good faith 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 Homing, it was RESOLVED, to GRANT the requested variance. 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 fha n such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Aye~ .Geehrifl~er (Chairman), Dinizio, Tortora, iCollins, and Hor~Res~ duly~.dop-l~d/~-0). /  Ch~ '~