Loading...
HomeMy WebLinkAboutZBA-03/21/2002AibPEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631 ~ 765-9064 Telephone (631) 765-1809 http: southoldtown.northfork.net MINUTES REGULAR MEETING THURSDAY MARCH 21. 2002 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 on Thursday, March 21. 2002 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member George Horning, Member Ruth D. Oliva, Member Vincent Odando, Member. Aisc present from the office staff was Secretary Paula Quintied. 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. The Board proceeded with the first item on the Agenda (Item II), as follows: AGEND~A ITEM I: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEW/RESOLUTION, Motion was manic,by Chairman Goehringer, seconded by Member Tortora, and duly carried, to confirm the following. Declarations: Tvoe II Declarations (No further stel~s under State Law): Appl. No. 5073- JOHN AND CATHERINE McDONALD. Garage location. Appl. No. 5104- MARTIN KOSMYNKA. Setbacks for addition. Appl. No. 5075- DIANNE DANEK. AccessOry use by Special Exception (B & B). Appl. No. 5076 - NEVlO and OLGA' BLASKOVIC. Setbacks. Appl. No. 5079 -- FRANK and ELIZABETH MURPHY. Second kitchen for a one:family dwelling use and front setback for addition. Appl. No. 5080- THOMAS FITZPATARICK. Setback. Appl. No. 5071 -WALTER TERESKO and ELIZABETH McGRATH. Area, width and depth of one of two lots (proposed lot line change). Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. Yard locations/setback: lot coverage for accessory structures. (Also see Unlisted Action below for proposed height) Appl, No. 5078- THOMAS and ANGELA LAOUDIS. Yard locations/setback; lot coverage for accessory structures. Page 2 - Minutes March 21, 2002 Regular Meeting Southold Town Board of Appeals · SEQRA Resolution of Declarations continued: Unlisted Declarations with Neqative Effect on the Environment: Appl. No. 5074 - CYRIL LUKEMAN. JR., ET AL. Proposed habitable use of nonconform- ing accessory building (studio/shop), existing nonconforming setback and lot coverage for replacement. Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. Height of proposed pool house as an accessory building over code limitation. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: (Applicants submitted Affidavits of Mailings, Affidavits of Posting, returned signature cards, etc.) The Board opened and held each of the following hearings: 6:31 p.m. Appl. No. 5073 - JOHN AND CATHERINE McDONALD. This is a request for a Variance under Zoning Section 100-30A.4, based on the Building Department's Jan. 11. 2002 Notice of Disapproval for a building permit application to locate a proposed accessory garage n a yard area other than the required rear yard at 1235 Wunneweta Road, Cutchogue; Parcel 104-12-12.2. 6:35 p.m. Appl. No. 5104- MARTIN KOSMYNKA. Variance requested under Section 100-244B based on the Building Department's February 20, 2002 Notice of Disapproval of a building permit application to locate an addition with in-ground swimming pool, all located at less than the code requirement of 10 feet on one side and 15 feet on the remaining side. and less than 25 feet for total combined side yards. 1985 Pine Tree Road, Cutchogue; 98-1-11.2. 6:50 p.m. RESOLUTION: HEARING ON APPL. NO. 5075 CANCELED AT APPLICANT'S REQUEST. Motion was made by Chairman Goehdnger, seconded by Member Oliva and duly carded, to cancel the D. Danek hearing for tonight as requested by the applicant and re-calendar same for a public headng to be noticed for the Apd118, 2002 Regular Meeting. This Resolution was duly adopted (5-0). 6:52 p.m. Appl. No. 5076 - NEVIO and OLGA BLASKOVlC. This is a request for a Vadance under Section 100-244B based on the Building Department's January 15, 2002 Notice of Disapproval of a building permit application concerning a corner section of a new dwelling, for the reasons that the property has three front yards, and the map shows a front yard setback at less than 35 feet from [he right-of-way to the southwest of the property, and a rear yard setback of less than thirty-five (35) feet. Location: 580 Willow Point Road. Southold; Parcel 56-5-29: Lot 26 on the Map of Willow Point. 7:06 p.m. Appl. No. 5074 - CYRIL LUKEMAN, JR., ET AL. This is a request for a Variance under Zoning Code Section 100-31A(1) based on the Building Department's January 14, 2002 Notice of Disapproval of a building permit application to replace an existing nonconforming habitable accessory building (studio/shop) which will have an insufficient rear yard setback and lot coverage at 22+- percent, at 550 Village Lane, Orient; Parcel 25-1-10. The reasons stated in the Disapproval is that the Page 3 - MAnures March 2I, 2002 Regular Meethag SouthoId Town Board of.~peals construction is arranged, intended or designed to be used, in whole or in part, as a one-family dwelling, and not more than one dwelling is permitted on this lot. 7:27 p:m. Appl. No. 5079 - FRANK and ELIZABETH MURPHY. This is a request for Variances under Sections 100-31A and 100-244B, based on the Building Department's January 22, 2002 Notice of Disapproval of a building permit application to: (1) construct an addition to an existing single-family dwelling with a front yard setback at less than 40 feet, and (2) add a proposed second kitchen in a single-family dwelling structure for use by the applicants, at 600 Bayer Road, Mattituck; 139-3-18.1. 7:29 p.m. Appl. No. 5080 - THOMAS FITZPTRICK. This is a request for a Vadance under Zoning Code Section 100-30A.3 based on the Building Department's January 16. 2002 Notice of Disapproval of a building permit application to locate a proposed dwelling with a front yard setback at less than the code requirement of 50 feet, at 1030 Clearview Avenue, Southold; Parcel 89-3-11 3. 7:48 p.m. Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 10, 2002 Notice of Disapproval for insufficient lot area, width and depth in the proposal to change lot line between Lots identified on the County Tax Maps as 109-7-6 and 7, situate along the east side of New Suffolk Road, Cutchogue. 8:19 p.m The next two Hearings were combined as one headng, for Appl. No. 5077 and 5078: Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. This is a request for a Vadance under Zoning Code Section 100-30A.3 and 100-230C.3, based on the Building Department's January 4, 2002 Notice of Disapproval: Amended January 16, 2002, regarding a building permit application to locate a dwelling, covered walkway structuFe, covered stone path structu re, and additions and alterations to an existing building referred to as an accessory "pool house" structure. The reasons stated in the Disapproval are: (1) that this construction is not permitted; (2) that a single side yard ~s proposed at less than 15 feet, (3) that the lot coverage for all construction is proposed in excess of 20% of the total lot area; (4) that placement of a new dwelling will also place the existing building, proposed as an accessory non-habitable building and tennis court structure in a side yard rather than the required yard; (5) that the height of the pool house structure is greater than the code limitation of 18 feet for an accessory building; and (6) that the proposed covered walkway will project into a yard area overlapping the property line. Location of Property: 405 Kimbedy Lane, Southold; Parcel 70-13-20.35. Appl. No. 5078 - THOMAS and ANGELA LAOUDIS. This is a request for a Vadance under Zoning Cod6 Section 100-30A.3 and 100-230C. 1, based on the Building Department's January 4, 2002 Notice of Disapproval of a building permit application to make additions and alterations to the existing dwelling and covered walkway structures. The reasons stated for the Disapproval are: (1) that the additions and covered walkway structures are proposed at less than 15 feet from the side property line (zero setback, overlapping the property line); (2) that the covered path structures are proposed at less than four feet from any property line (zero Page 4 - Minutes March 21, 2002 Regalar Me~thag Southold Towa Board of Appeals setback, overlapping the property line); and (3) that the roof overhang of the dwelling will project more than two feet into the side yard on the northern end of the property, leaving a setback at less than the code requirement of 15 feet. 635 Kimberly Lane, Southold; Parcel 70-13-20.04. 8:40 p.m. RESOLUTION ADOPTED: After opening the hearing on Appl. Nol. 5045 - FLOYD KING TRUST, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carried, TO RECESS the headng, as requested by the applicant's attorney for a continuation on THURSDAY, APRIL 18' 2002. A Vadance is requested under Zoning Code Section 100-30A, based on the Building Department's Notice of Disapproval for insufficient lot area, width and depth, due to a proposed change in lot line between Parcels 1000-24-2-26.2 and 26.3, located on Private Road, Orient. This Resolution was duly adopted (5-0). 8:41 p.m. Appl. No. 5065 - P. and M. NICOVIC. (Continued from the February hearing calendar). A Variance ~s requested under Section 100-244B. based on the Building Department's Notice of Disapproval of a building permit application for an as-built deck with an insufficient rear yard setback at 505 Miriam Road, Mattituck; Parcel 99-1-35.1 9:00 p.m. Appl. No. 5072 - DR. JERRY CALLIS, et al, Appellants. This is an Appeal Application requesting a Reversal of Building Permit #27894-Z dated 11/13/0'1 and Certificate of Occupancy #Z- 28096 dated 11/30/01, issued by the Building Department, concerning existing construction referred to as a 60 sq. ft. "platform with monument" located at property owned by JAMES and BARBARA MILLER, 1610 Paradise Point Road, Southold: Parcel 1000-81-3-19.4. (On February 21, 2002. JOHN PETROCELLI and JOSEPH MACARI submitted authorization for Dr. Callis to appeal in their behalf.) (End of public hearings. - Please see written transcript of statements, prepared separately, for actual hearing discussions. II1. DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. Please see official Findings, Deliberations and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein: the originals have 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 with Condition(s): Appl No. Appl. No. 5067 - Christopher and Irene Vitti. Approvals with Condition(s): Appl. No. 4998 - E. Sente]l Appl. No. 5066 - J. Posillico Approval of Lot Waiver to Unmerqe: Appl. No. 5026 - Kavanagh and Inland Homes. (No other determinations were rendered at this time.) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva. and duly carried, to confirm the following Meeting date changes: March 14 to March 21; April 11 to Thurs., April 18; May 9th tO May 16th; (March 28~ meeting, no change). This Resolution was duly adopted (5-0). B. (old C). Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm the following calendars for April, May, June for hearings, following inspections, etc. (Assignment Master List was attached for Board's use). This Resolution was duly adopted (5-0). C. (old D). Resolution confirming Appl. No. 5029- A Youngman for April 18Ih instead of June calendar for "as built" garage location in violation of ZBA conditions. D. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm Appl. No. 5088 - S. Gicale for the May 186h (instead of April 18~h) at the applicant's request. This Resolution was duly adopted (5-0). VI. CANCELLATION OF Agenda Item VI. (There was no Executive Session held.) The Chairman adjourned the meeting at approximately 11:30+- p.m. ,G. fi~ard P. Ooehringer, Chairm~n ~ Respectfully submitted, APPEALS; BOARD MEMBERS Gerard P. Goehringer, Chairman Lsdia A. Tortora Georgc ltorning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197t-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD MARCH 21, 2002 Appl. No. 5026 - INLAND HOMES, INC. (KAVANAGH) Parcel: 110.-3-31 BASIS OF APPLICATION: Building Department's Notice of Disapproval dated September 24, 2001, stating that pursuant to Article II Section 100-25, SCTM # 1000- 110-3-31 (Lot No. 31) has merged with the adjacent lot to the north, SCTM # 1000-110- 3-32 (Lot No.32). APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II Section 100-26, to unmerge Lot No. 31 from Lot No. 32. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on November 15, 2001 and January 10, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS: The subject properties are located in Cutchogue. Lot No. 32 is located on the corner of Midwood Road and Pequash Avenue and is improved with applicant-Kavanagh's single-family dwelling. The improved lot has 177 ft. of frontage on Midwood Avenue and 100 ft. of frontage on Pequash Avenue. The adjacent lot to the north, No. 31, is unimproved and has 100 feet of frontage on the south side of Pequash Avenue. The vacant lot contains 16,624 sq. ft. and shares a common course or property line depth of 175.29 feet with lot No. 32, according to the survey prepared by Stanley J. Isaken, Jr. dated and last amended August 1, 2001. The lots are shown of the filed Map of Eastwood Estates. 1. The title search, prepared by Peconic Abstract, Inc., shows that John J. Henry, Margaret E. Henry and Rev. John P. Henry, as joint tenants with right of survivorship, purchased the unimproved lot 31 October 1, 1969. By deed dated, December 5, 1962, Rev. John Henry purchased the improved lot 32. Two separate deeds were recorded and filed in the Suffolk County Clerk's office for each lot. 2. Both lots were maintained in single and separate ownership from 1969 until sometime in 1982, when Margaret Henry died. John J. Henry died in Florida on November 11, 1981. The improved property merged with the adjacent vacant property upon the death of Margaret Henry, but no proof of death for Margaret Henry was found in the title search. Page2 March 21, 2002 Appl No. 5026 - Inland Homes/Kavanagh Parcel 110-3-31 at Cutchogue 3. On May 12, 1998, Rev. John Henry sold vacant lot 31 to Edward Kavanagh and Mary Kavanagh. By separate deed, on May 12, 1998, Rev. John Henry sold the improved lot 32 to Mary Kavanagh. The board notes that Rev. John Henry signed and executed two separate deeds: one for the vacant lot and one for the improved lot. 4. On September 6, 2001, the Kavanaghs sold the vacant lot to Inland Homes for $80,000. This sale was subject to a single and separate search, which was prepared by Peconic Abstract, and did not show that Margaret Henry was deceased. Upon application for a building permit, it was discovered that Margaret Henry died in 1981 leaving Rev. John Henry as sole survivor, and hence the two properties were merged. 5. The board has considered opposition to this application including the alleged intent of Rev. John Henry to maintain the vacant parcel as a "park-like setting" and other information that Rev. Henry allegedly did not believe he sold two separate lots to the Kavanaghs. The evidence here shows that in 1998, Rev. Henry signed and executed two separate deeds: one for Lot 31 to Edward and Mary Kavanagh, and one for Lot 32 to Mary Kavanagh. 6. Some residents expressed concern that if the board granted the applicant's request for a Waiver of Merger that it would set a precedent for new development of other vacant lots in the neighborhood. By way of attorney, applicant testified that there are approximately 130 similarly-sized parcels within 1000 feet of the subject property, all of which are developed except 15. Of the 15 vacant properties, applicant's attorney testified that town records indicate that all are in single and separate ownership and could potentially be developed, except one. No testimony or evidence was presented to refute this information. Conclusions of Law In accordance with Article Il, Section 100-26 entitled Waiver of Merger, which states: If a lot has merged, The Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon findings that: 1. Waiver of merger will not result in a significant increase in the density of the neighborhood or district because it allows for construction of only one single-family residence. 2. Grant of a Waiver of Merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single- family residences, and consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this zoning district. The 16,624 sq. ft. size of the vacant Page3 March 21, 2002 Appl No 5026 Inland Homes/Kavanagh Parcel 110-3-31 at Cutchogue lot in question is larger than some, and smaller than others, but it is clearly consistent with the average size of lots in the neighborhood and district. 3. The waiver will avoid an economic hardship for Inland Homes and the Kavanagh's because Inland Homes purchased the property from the Kavanagh's for $80,000 as a buildable lot. Without a waiver, Inland Homes would be left with an unbuildable lot, or become co-owner of a merged lot that includes Kavanagh's residence. 4. The property is a wooded, level lot. No evidence was presented to suggest that its natural details, character, contours or slope would be significantly altered in any manner. Nor was any evidence presented to suggest that the lot would require substantial filling affecting nearby environmental or flood areas. 5. The waiver would recognize the original lot lines as set fodh in the filed Map of Eastwood Estates, Map No 3683, November 26, 1957. BOARD RESOLUTION NOW, therefore, on motion by Member Tortora, seconded by Member Orlando, it was 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 properly 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 Todora, Horning, Oliva, and Orlando. (Chairman Goehringer abstained.) This Resolution was duly adopted (4-0). ~. Gerard P. Goehringer, Chairman/ APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando 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 http: ~southoldtown.northfork.net FINDINGS DELIBERATIONS AND DETERMINATION MEETING HELD MARCH 21. 2002 Appl. No. 5026 - INLAND HOMES. INC. (KAVANAGH) Parcel: 110.-3-31 BASIS OF APPLICATION: Building Department's Notice of Disapproval dated September 24. 2001, stating that pursuant to Article II Section 100-25. SCTM # 1000- 110-3-31 (Lot No. 31) has merged with the adjacent lot to the north, SCTM # 1000-110- 3-32 (Lot No.32~. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II Section 100-26. to unmerge Lot No. 31 from Lot No. 32. FINDINGS OF :ACT The Zoning Board of Appeals held public hearings on this application on November 15. 2001 and January 10, 2002. at which time written and oral evidence was presented. Based upon alt testimony, documentation, personal inspection of the property, and other evidence, the'Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS: The subject properties are located in Cutchogue. Lot No. 32 is located on the corner of Midwood Road and Pequash Avenue and is ~mproved with applicant-Kavanagh's single-family dwelling. The improved lot has 177 ft. of frontage on Midwood Avenue and 100 ft. of frontage on Pequash Avenue. The adjacent lot to the north, No. 31, is unimproved and has 100 feet of frontage on the south side of Pequash Avenue. The vacant lot contains 16, 624 sq. ft. and shares a common course or property line depth of 175.29 feet with lot No. 32, according to the survey prepared by Stanley J. Isaken, Jr. dated and last amended August 1. 2001. The lots are shown of the filed Map of Eastwood Estates. 1. The title search, prepared by Peconic Abstract, Inc., shows that Joi~n J. Henry, Margaret E. Henry and Rev. John P. Henry, as joint tenants with right of survivorship, purchased the unimproved lot 31 October 1. 1969. By deed dated December 5, 1962, Rev. John Henry purchased the improved lot 32. Two separate deeds were recorded and filed in the Suffolk County Clerk's office for each lot. 2. Both lots were maintained in single and separate ownership from 1969 until sometime in 1982, when Margaret Henry died John J. Henry died in Florida on November 11 1981. The improved property merged with the adjacent vacant property upon the death of Margaret Henry, but no proof of death for Margaret Henry was found in the title search ~age 2- March 21. 2002 AppJ. No. 5026 -InIand Homes/Kavanagn )arcel '~10~3~31 au Cutchogue 3. On May 12. 1998. Rev. John Henry sold vacant lot 31 [o Edward Kavanagh and Mary Kavanagh. By separate deed on May 12, 1998 Rev. John Henry sold the improved lot 32 to Mary Kavanagh. The board notes that Rev. John Henry s~gned anc executed two separate deeds: one for the vacant lot aha one for the improved lot. 4 On September 6. 2001. the Kavanaghs sold the vacant lot To Inland Homes for $80.000. This sale was subject to a single and separate search, which was prepared by Peconic Abstract. and did not show that Margaret Henry was deceased. Upon application for a building permit, it was discovered that Margaret Henry died in 1981 leaving Rev. John Henry as sole survivor, and hence the two properties were merged. 5. The board has considered opposition to this application includinc~ the alleged intent of Rev. John Henry [o maintain the vacant parcel as a "3ark-like setting" ano other information that Rev. Henry allegedly did not believe he sold two separate lots to the Kavanagqs The evidence here shows that in 1998, Rev. Henry signea and executed two separate deeds: one for Lot 31 [o Edward ano Mary Kavanagh, and one for Lot 32 to Mary Kavanagh. 6. Some ~esidents expressed concern that if the board granted the applicant's request for a Waiver of Merger that it would set a precedent for new development of other vacant lots in the neighborhood. By way of attorney, applicant testified that there are approximately 130 similarly-sized parcels within 1000 feet of the subject property, all of which are developed except 15. Of the 15 vacant properties, applicant's attorney testified that town records indicate that all are in s~ngle and separate ownership and could potentially be developed, except one. No testimony or evidence was presented to refute this information Conclusions of Law In accordance with Article II, Section 100-26 entitled Waiver of Merger, which states: If a lot has merged, The Zoning Board of Appeals may waive the merger and recogmze original lot lines upon public hearing and upon findings that: 1. Waiver of merger wil not result in a significant increase in the density of the neighborhood or district because it allows for construction of only one single-family residence. 2. Grant of a Waiver of Merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single- family residences~ and consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this Zoning district. The 16,624 sq. ft. Size of the vacant Rage 3 - March 21 2002 Appl. No. 5026 n~ana Homes/Kavanagn Parcel 110-3-31 at Cutchogue lot in question is arger than some. ana smaller than others, but it ~s clearly consistent with the average size of lots in the neighborhood and district. 3. The waiver will avoid an economic hardship for Inland Homes and the Kavanagh's because Inland Homes purchased ~ne property from the ,(avanac~h's for $80 300 as a buildable lot. Without a waiver, Inland Homes would 3e left with an unbuildable lot. or become co-owner of a merged lot that includes Kavanagh's residence. 4. The property s a wooded, evel lot. No evidence was presented to suggest that its natural details, character, contours or slope would be significantly altered in any manner. Nor was any evidence presented to suggest that the lot would require substantial filling affecting nearby environmental or flood areas. 5. The waiver would .ecognize the onglaa lot lines as set forth in the filed Map of Eastwood Estates. Map No 3683, November 26. 1957. BOARD RESOLUTION NOW. therefore, on motion by Member Tortora. seconded ey Member Orlando, it was 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 Tortora, Homing, Oliva, and Orlando. (Chairman Goehringer abstained.) This Resolution was duly adopted (4-0). ::~./'~Gerard P. Goehringer, Chairma~/' gl?PEALS BOARD MEMBERS Gerard R Ooehringer. Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando South 21d Town Hail 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax 631) 765-9064 Telephone 1631l 765-1509 http: 'southoldtown.north£ork,net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21. 2002 Appl. No. 5067 - CHRISTOPHER AND IRENE VITTI. Parcel: 54.-5-45.9 BASIS OF APPLICATION: Building Department's December 4, 200~ Notice of Disapproval for the reason that applicants' proposed additions and alterations to existing dwelling will have a rear yard setback of less than 50 feet as required by Zoning Code Section 100-30A.3. AREA VARIANCE REQUESTED: Applicants are requesting permission to locate a proposed sunroom, spa and deck areas at 28.1 feet and 29.8 feet from the rear property line. at its closest points north to south respectively. The additions are proposed to extend 25 feet at the rear of the house and for a length 67+- feet as shown on the site map #98-300B) prepared by Joseph A. Ingegno. L.S dated May 28: 1998. revised December 5. 2001. FINDINGS OF FACT The Zoning Board of ~ppeals held a public hearing on this application on February 21, 2002. at which dme wf-i~en and oral evidende was presented. I~ased upon all testimony, documentation, persor~al, if~spection of the property and the area, and other evidence, the Zon ng Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property coinsi~ts of a total.area of 89,'~16.55B sq. ~t. with'i69+: feet of width, along the north:side of' S0undview:Avenue, vadable depth' along th~ West and east sides, of 398+- f~; arid 410+- feet, .aO~t a width at the north end of the prOperty of 237.93 feet. The dwelli r~g is situated With a rear yard setback as exists of 52.6 feet at its closest point, 295 feet from the front (southerly) lot line 105.5 feet from th~ east side line, and 49.4 feet from the west Side line. REASONS FOR BOARD ACTION: 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: 1. When considering this application, the Board questioned the applicant about the vast yard area in front of the dwelling on this property. The dwelling in its present location establishes the available yard area in which to add extensions Even though the Mrs. Vitti stated at the hearing that when she and her husband purchased the property (June Page 2- March 21, 2002 Apb No 5067 C an(: 54.-5-45.9 at Southold Vftfi 1998), they did not build or dian the location of the house as exists and felt it was not 'n the best ocauon. Grant of the reouestea 28+- rear yard variance will produce an undesirable change in the character of tne neighborhood or detriment ko nearby properties. The decks, spa and sunroom addition. Dy its size. Nill be unreasonably close to Ihe rear property line. Applicants' property ~s very large in s~ze and has land area available for planning future new construction, 2. The benefit sought by the aeplicant cannot De achieved by some method, feasible for the applicant to eursue, other than an area variance. 3. The variance requested granted for a full 25' extension is substantial The relief requested is a 40% reduction of the code's required 50 ft. setback. The alternative relief is a 24% reduction and is the minimum necessary. 4. The applicants' situation existed at the time the property was purchased and therefore is self-created. 5. The variance granted will have an adverse effect or impact on the physical or envirormental conditions in the neighborhood or district if located with a 40% reduction of the code's reouirement. The property adjacent just north of applicant's property is at least one-half of the size of applicant's property, and the applicant is able to locate an addition for a sunroom and deck in other yard areas, or to join the northerly and area, which Mrs. Vitti states she owns. As an alternative, the Board nas agreed to allow a 37.6 It. rear yard setback, which meets 76% of the requirement, for a 16'6" extension instead of a 25 ft. extension at the rear of the dwelling. No evidence has been submitted to suggest that the alternative relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the re(~uested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an addition for a sunroom with two deck areas at the rear of the dwelling, while preserving and erotecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying [he balancing test under New York Town Law motion was offered by Chairman Goehringer seconded by Member Oliva. and duly carried, to To DENY the relief requested at 29.1 ft: from the northerly lot line, and to ALTERNATIVELY GRANT a setback of 37.6 feet, after reducing the addition to 16!6" (deck-sunrOom addition at the rear of the dwelling) adding 8.5 to the rear setback (29.1 feet + 8.5 =57.6); SUBJECT t0 the CONDITION that the deck a?eas remain open to the sky. Page 3 - March 21,2002 Appl. No. 5067 - C. and I. Vitti 54.-5-45.9 at Southold This action does not authorize or condone any current or future use setback or other feature of the subject property or adjacent land 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 Goehringe~ To~a, H~/~-~)l~.~a, and Orlando This Resolution was duly ad~F(%~ ~/~..~) ~~.~ 3~erard P. Goehringer C~ff~rman~ ~PPEAJLS BOARD MEMBERS ~r~rd P. Goehringer, Chairman ~ Lydia A. Tortora )~ ~\ ~,~/ George Homing Ruth D. Oliva .~ ,CpO Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hali 53095 Main Road P.O. Box 1179 So~thold, New 'York 119%[-0959 ZBA Fax (631) 765-9064 Telephone (631) 765%809 http://southoldtown.nor th fork.net FINDINGS. DELIBERATIONS AND DETERMINATION MEF:TIN(~ OF MARCH 21~ 2002 Appl. No. 4998 - ELIZABETH SENTELL 1000-31-9-16 STREET & LOCATION: Lakeview Terrace, East Marion BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 27, 2001, denying a permit for a second-story addition stating that the proposed addition/ alteration to a non- conforming structure on a non-conforming lot is not permitted pursuant to Article XXIV Section 100-242A. and that the additions/alterations would have insufficient side yard setbacks of 4' for a stogie side yard. instead of the code's 10' minimum requirement and a total side yarc setback of 9 instead of the 25' minimum requirement of Article XXVI Section 100-244. AREA VARIANCE REQUESTED: Applicant requests variances for a 1 1/2 story, 17 ft. wide by 30 ft. long addition to the front of the residence, ane a small 5 ft. deep by 18 ft.+- wide one- story addition to the back (waterside) of the residence. The additions would have variable side yard setbacks of 3.6'. 3.9' and 4.2' on the east side. and 5.1'. 4.9' and 5.6' on the west side FINDINGS OF FACT The Zoni,ng Board of Appeals held a public hearing on this application On Odtober 18. 2001 December 13, 2001. and January 24, 2002. at which times wdtten and oral evidence were presented. Based upon all testimony, documentation, personal inspection ofthe property, and other evidence, the Zoning Board finds the following facts to be true and rele~J, ant: 1. PROPEF~TY FACTS: App!icant's property is located on the south side of a private road known as Lakeview'Terrao~.':at Marion Lake. East Marion. The 5.418 sq. ft. parcel i~s Ion~ and extremely narrow, with frontage of 29.37' on Lakeview Terrace 27.02' on Ma?ion Lake, and 197.61' along the east property line and 204.51 along the west property line. The property is improved with the applicant's 557 sq. ft. one-s~ory single-family residence located 75 ft. from the front property line facing the private road. and 79 feet from the edge of Madon Lake (mapped 3/99), all as shown' on the site olan prepared by Garrett A. Strang, ArchiteCt. dated May 1. 2001. 2. The existing residence is approximately 60 year-old cottage and is substandard in size at 557 sq. ft. which does not meet the code's 850 sq. ft. minimum for a dwelling. Because of the narrow (27 ft.' to 28 ft.+-) width of the property, lhere is no addition that the applicant could make to the residence that would not require a variance from the code's 25 ft. total side yard setback requirement. 3. The overall site plan calls for converting the existing 557 sq. it.. one bedroom, one bath. kitchen, living room and porch residence, into a 1.085 sq ft.. three bedroom, two bathroom. kitchen, living room and porch residence, to accommodate the needs of applicant's family. Page 2- March 21, 2002 Appl. No. 4998 - E. Sentell 1000-31-9-16 at East Marion 4. Applicant's architect testified that the 17 ft. by 30 ft. front addition would be 1-1/2 stories. one-stow with oormers which will not extend the full width of the addition. The upper half stow level would consist of 350 sq. ft. of livable space for a mas[er bedroom bath and closet. The addition would extend 30 ft. from the front of the existing house at a maximum height of 21+-ft. to the roof ridge. The existing house would remain one stoW. 5. The addition would maintain a front yard setback of approximately 55 ft. to the proper~y line facinc~ [he private roae, and a 74 ft. setback to the edge of Marion Lake. 6. The Southold Town Trustees have reviewed the proposed additions and on July 26, 2001 approved a wetland permit, subject to conditions. 7. The applicant has agreed to ~nstall a new septic system ane confirmed the residence will be served by public water. 8. The mmediate neighborhood is almost fully developed and consists of varied-shaped substandard lots. of which the applicant's property is one of the smallest. Objections to the application were raised by the adjoining property owners to ti~e east. and to the west. 9. In response to the board's concern, the applicant's architect submitted a building profile showing the applicant's existing and proposed residence and lhe existing profile of the objecting property-owners two-stow residence [o the wes[. and the existing profile of the objecting property-owners single-stow residence to the east. In addition, the applicant submitted a comparison of the building heights, number of stories, and square footage of the five closest residences in the neighborhood. 10. The evidence presented indicates that all five residences have more than 1000 sq. ft. of living space, three of the five have 1-1/2 or 2-stow residences, and the building heights range from approximately 16 ft. for the adjoining property to the east, to 22.5 feet for the adjoining property to the wes[. 11. Because of the flat topography (upland building area) of applicant's property and neighboring properties, qatural slopes and raised ground elevations are not factors that could ~mpact neighboring properties. REASONS FOR BOARD ACTION: On the basis of testimony presented materials submitted and personal inspections, 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. Applicant's proposal is for a modest 1 1/2 stow, 17 ft. wide by 30 ft. long addition to the front (private road) side of the residence and a small 5 ft. deep by 18 ft.+- wide. one-sTory addition to the back twaterside) of the residence. The existing 557' sq: ft. residence is substandard in size by code regulation, and in comparison Page 3 - March 21, 2002 Appl. No. 4998- E. Sentel 1000-3t-9-16 at East Marion to the size of other s~ngle-family dwellings in the neighborhood. 'The proposed side yard setbacks are close to the property line. but not unlike others, including the adjoining property's two-story residence to the wesT. The proposed 21+- ft total height of the I 1/2 story addition is neither excessive nor out-of-keeping with other nearby properties, qor will it tower over other properties. The upland area is flat. 2 The benefit sought Dy the applicam cannot be achieved by some method feasible for the applicant to pursue, other than an area vadance Because of the small (5.418 sq. ft.) size of the property, its narrow f27 ft.' to 28 ft.+-) width, and regulated waterside frontage there is no addition that the applicant could make to the residence that would not require a variance. If no acbon were taken, the residence would remain at odds with the COdeS 850 sq. ft. m~n~mum- size dwelling requirement. 3. The variance granted herein ~s substantial in relation [o tl~e code's 25-foot total side yard requirement. However when weighed against the residence's existing 10+- total side yard, and n consideration of the small lot size. modest addition requested and all other factors mentioned, the variance is justified. 4. The alleged difficulty r~as been self-created and is due to the applicant's reasonable desire to make modest additions to the small residence. 5. No evidence has been submitted to suggest that the proposed additions will I~ave an adverse impact on physical or environmental conditions in the neighborhood. The Southold Town Trustee have reviewed this application and granted conditional approval on July 26. 2001. Such conditions include installation of a new septic system, and drywells to contain roof runoff. The Zoning Board concurs with the applicant and the Town Trustees that placement of [he 1-1/2 stow addition on the front (road side of the residence, rather than the waterside is the most environmentally sound location. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions to a single-family residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Odando, and duly carried to GRANT the Variances authorizing a 17 ft. by 30 ft., 1-1/2 story addition (one-story with dormers which would not extend the full width of the addition) with a maximum height of 21 ft. (+-) to the roof ridge, and for a 5 ft. by 18 ft.+- one-stow addition to the back (waterside) Of the residence, all as shown with variable side yard setbacks on the site plan prepared by Garrett Page 4- March 21, 2002 AppI. No. 4998-E. Sentell 1000-31-9-16 at East Marion Strang, Architect, dated May '~, 2001, and Building Profile with Proposed Addition prepared by same submitted with the application. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Homing, Oliva, and Orlando. This Resolution was duly adopted (5-0!~__../~ /ard P. Ooehringer, Chairma2 4 O!PPEAkS BOARD MEMBERS Gerard p. Gochringer. Chairman 4' Lydia A. Tortora ~_~ George Homing c~'X ~ Ruth D. Oliva '~' .x~ ~' Vincent Orland 3 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 http://southoldtown.nor th fork.net FINDINGS, DELIBERATIONS, DECISION MEETING OF MARCH 21, 2002 AppI. No. 5066 - POSILLICO CONSTRUCTION 1000-53-4-44,35 SITE LOCATION: 3040 KERWIN BOULEVARD, GREENPORT BASIS OF APPEAL: Building Department Notice of Disapproval dated December 7. 2001 denying a permit to construct an accessory garage because it would 3e located in a side yard instead of the code-required rear yard, pursuant to Article lit. Section 100-33 AREA VARIANCE REQUESTED: Applicant requests a variance to construct a 24' by 28 detached two-car garage 54'-2" from the front yard property ine, and 28' from the southeast side yard property line. An amended survey showing the revised setbacks of'the proposed accessory garage was submitted to the board on February 22. 2001. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 21. 2002. at which time written and oral evidence was presented. Based upon all'testimony, documentation personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS: The subject property is a 40.000 sq. ft. parcel located on the southwest side of Kerwin Blvd. It is improved with the applicant's new single-family dwelling unoer construction. There is a flagged wetland area in the south corner of the property, as shown on the survey prepared by Destin G. Graf, prepared January 14, 2002, amended February 4.2002 REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town law 267-b 3 "Area Variances" tl~e board has considered thebenefitto the applicant if the vadance is granted, as weighed aga nsf the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neigr~borhood or a detriment to nearby properties The variance for approval of the accessory garage in the side yard location will not have a negative impact of neighboring properties. The proposed front yard set back of 54'-2" meets the code's 50' minimum set back for pnnc~pal building, and the proposed side yard set back of 28' exceeds the code-required side yard set backs for principal buildings. 2. The benefit sought by the appl~cam cannot be ach~eve(~ py some method feasible for rne ap. plicant to pursue other than an area variance. The applicant wishes to construct a detached accessory garage as part of a front courtyard and circular driveway. To achieve the desired benefit, the applicant needs a vanance, it is a~so noted that if the accessory garage were to be Page 2- Marcn 21. 2002 Appl. No 5066 -j PosillJco 1000-53-4-44.35 at Greenport located in the code-required rear yard, it would be much closed to the wetlands, and contrary to the permit approved by the Southold Board of Trustees February 20 2002. 3. The vanance granted herein is not substantial and represents authorization for an accessory detached garage to be placed in a side yard area with sufficient set backs from the front and side yard property lines as well as the wetland area. 4. The alleged difficulty has been self-created. 5. The variance granted will not have an adverse effect or ~mpact on the physical or environmental conditions in the neighborhood or district. The Southold Town Trustees reviewed and approved a permit for the detached accessory garage on February 20, 2001. 6 Grant of the requested vadance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a detached accessory garage while preserving and protecting the character of the neighborhood an~ the health, safety and welfare of the community BOARD RESOLUTION: 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 Homing, and duly carried, to GRANT a Variance authonzing a 24' by 28' detached two-car garage to be set back a m~nlmum of 54' from the front yard uroperty line. and 28' from the southeast side yard property line. subject to the CONDITIONS that the accessory garage shall under no circumstances be used for sleeping, and shall contain no utilities except electric, and that a Letter of Non-Jurisdiction or other authorization De obtained from the N.Y.S. Department of Environmental Conservation before issuance of a building oermit. 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: ^yes: Members Coehringer f> o a, and Orlando. This Resolution was duly adopted (5-0), / GG:LT /  emrd P. Goehdnge~Chairma~' Page $ - Min~ March 21~ 2002 Regular Meeting Southold Town Board of Appeals Appl. No. 5026 - Kavanagh and Inland Homes. (No other determinations were rendered at this time.) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm the following Meeting date changes: March 14 to March 21; April 11 to Thurs., Apd118; May 9th tO May 16'n; (March 28~h meeting, no change). This Resolution was duly adopted (5-0). B. (old C). Resolution adopted: Motion was made by Chairman Goehdnger, seconded by Member Oliva, and duly carried, to confirm the following calendars for Apdl, May, June for hearings, following inspections, etc. (Assignment Master List was attached for Board's use). This Resolution was duly adopted (5-0). C. (old O). Resolution confirming Appl. No. 5029 - A. Youngman for Apd118th instead of June calendar for "as built" garage location in violation of ZBA conditions. D. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member 6h th Oliva, and duly carded, to confirm AppL NO. 5088 - S. Gicale for the May 18 (instead of April 18 ) at the applicant's request. This Resolution was duly adopted (5-0). VI. CANCELLATION OF Agenda Item VI. (There was no Executive Session held.) The Chairman adjourned the meeting at approximately 11:30+- p.m yrd P. Goehringer, Chairman Respectfully submitted, [i/~da K'b~af~f ~,£1~/02 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS 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 http://southoldtown.northfork.net 3/18; upd. 3/19 AGENDA REGULAR MEETING THURSDAY, MARCH 21, 2002 6:30 p.m. Call to Order. !. STATE ENVIRONMENTAL QUALITY REVIEWS/DETERMINATIONS {SEORA): TI,pe H Declarations (No further steps under State Law): Appl. No. accessory Appl. No. 5073- JOHN AND CATHERINE McDONALD. Garage location. Appl. No. 5104 - MARTIN KOSMYNKA. Setbacks for addition. Appl. No. 5075 - DIANNE DANEIC Accessory use by Special Exception (B & B). Appl. No. 5076- NEVIO and OLGA BLASKOVIC. Setbacks. Appl. No. 5079 - FRANK and ELIZABETH MURPHY. Second kitchen for a one-family dwelling use and front setback for addition. Appl. No. 5080 - THOMAS FITZPATARICIC Setback. Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH. Area, width and depth of one of two lots (proposed lot line change). Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. Yard locations/setback; lot coverage for accessory structures. (Also see Unlisted Action below for proposed height) 5078 - THOMAS and ANGELA LAOUDIS. Yard locutions/setback; lot coverage for structures. Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5074 - CYRIL LUKEMAN, JR., ET AL. Proposed habitable use of nonconform- ing accessory building (studio/shop), existing nonconforming setback and lot coverage for replacement. Al}pl. No. 5077 - THOMAS and ANGELA LAOUDIS. Height of proposed pool house as an accessory building over code limitation. 1I. PUBLIC HEARINGS: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) 6:30 p.m. Appl. No. 5073 - JOHN AND CATHERINE McDONALD. This is a request for a Variance under Zoning Section 100-30A.4, based on the Building Department's Jan. 11, 2002 Notice of Disapproval for a building permit application to locate a proposed accessory garage in a yard area other than the required rear yard at 1235 Wunneweta Road, Cutchogue; Parcel 104-12-12.2. Page 2 - Agenda upd. 3/19/02 Regular Meeting of March 21, 2002 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) 6:35 p.m. Appl. No. 5104 - MARTIN KOSMYNKA. This is a request for a Variance under Section 100-244B based on the Building Department's February 20, 2002 Notice of Disapproval of a building permit application to locate an addition with in-ground swimming pool, all located at less than the code requirement of 10 feet on one side and 15 feet on the remaining side, and less than 25 feet for total combined side yards. 1985 Pine Tree Road, Cutchogue; 98-1-11.2. Possible RESOLUIION CANCELING THIS HEARING AND RE-SCHEDULING WITH NEW CH. 58 NOTICES, AS REOUESTED BYAPPLICANT FOR APRIL 1~. 6:45 p.m. Appl. No. 5075 - DIANNE DANEK. This is a request for a Special Exception permit under Zoning Code Section 100-3lB to establish a Bed and Breakfast Use as an accessory to the applicant-owner's residence at 290 Private Road #32, also referred to as Great Pond Way, Minor Subdivision of Community Development Agency Lot #3, Southald; Parcel 59-9-10.3. Applicant proposes lodging for up to four (4) guests and a maximum of two (2) guest B & B rooms, as owner-resident occupying this dwelling. 6:50 p.m. Appl. No. 5076 - NEVIO and OLGA BLASKOVIC. This is a request for a Variance under Section 100-244B based on the Building Department's January 15, 2002 Notice of Disapproval of a building permit application concerning a corner section of a new dwelling, for the reasons that the property has three front yards, and the map shows a front yard setback at less than .t5 feet from the right-of-way to the southwest of the property, and a rear yard setback of less than thirty-five (35) feet. Location of Property: 580 Willow Point Road, Southold; Parcel 56-5-29; Lot 26 on the Map of Willow Point. 6:55 p.m. Appl. No. 5074 - CYRIL LUKEMAN, JR., ET AL. This is a request for a Variance under Zoning Code Section 100-3IA(I) based on the Building Department's January 14, 2002 Notice of Disapproval of a building permit application to replace an existing nonconforming habitable accessory building (studio/shop) which will have an insufficient rear yard setback and lot coverage at 22+- percent, at 550 Village Lane, Orient; Parcel 25-1-10. The reasons stated in the Disapproval is that the construction is arranged, intended or designed to be used, in whole or in part, as a one-family dwelling, and not more than one dwelling is permitted on this lot. 7:05 p.m. Appl. No. 5079 - FRANK and ELIZABETH MURPHY. This is a request for Variances under Zoning Code Section 100-3lA and Section 100-244B, based on the Building Department's January 22, 2002 Notice of Disapproval of a building permit application to: (1) construct an addition to an existing single-family dwelling with a front yard setback at Page 3 - Agenda upd. 3/19/02 Regular Meeting of March 21. 2002 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) MURPHY HEARING, continued: less than 40 feet, and (2) add a proposed second kitchen in a single-family dwelling structure for use by the applicants, at 600 Bayer Road, Mattituck; 139-3~18.1. 7:10 p.m. Appl. No. 5080 - THOMAS FITZPATARICK. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 16, 2002 Notice of Disapproval of a building permit application to locate a proposed dwelling with a front yard setback at less than the code requirement of 50 feet, at 1030 Clearview Avenue, Southold; Parcel 89-3-11.3. 7:15 p.m. Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 10, 2002 Notice of Disapproval for insufficient lot area, width and depth in the proposal to change lot line between Lots identified on the County Tax Maps as 109-7-6 and 7, situate along the east side of New Suffolk Road, Cutchogue. 7:25 p.m. Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and 100-230C.3, based on the Building Department's January 4, 2002 Notice of Disapproval, Amended January 16, 2002, regarding a building permit application to locate a dwelling, covered walkway structure, covered stone path structure, and additions and alterations to an existing building referred to as an accessory "pool house" structure. The reasons stated in the Disapproval are: (1) that this construction is not permitted; (2) that a single side yard is proposed at less than 15 feet, (3) that the lot coverage for all construction is proposed in excess of 20% of the total lot area; (4) that placement of a new dwelling will also place the existing building, proposed as an accessory non-habitable building and tennis court structure in a side yard rather than the required yard; (5) that the height of the pool house structure is greater than the code limitation of 18 feet for an accessory building; and (6) that the proposed covered walkway will project into a yard area overlapping the property line. Location of Property: 405 Kimberly Lane, Southold; Parcel 70-13-20.35. 7:35 p.m. Appl. No. 5078 - THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and 100-230C.1, based on the Building Department's January 4, 2002 Notice of Disapproval of a building permit application to make additions and alterations to the existing dwelling and covered walkway structures. The reasons stated for the Disapproval are: (1) that the additions and covered walkway structures are proposed at less than 15 feet from the side property line (zero setback, Page 4 - Agenda upd. 3/19/02 Regular Meeting of March 21, 2002 Southold Town Board of Appeals 1I. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) Appl. No. 5078 - T. Laoudis hearing, continued: overlapping the property line); (2) that the covered path structures are proposed at less than four feet from any property line (zero setback, overlapping the property line); and (3) that the roof overhang of the dwelling will project more than two feet into the side yard on the northern end of the property, leaving a setback at less than the code requirement of 15 feet. 635 Kimberly Lane, Southold; Parcel 70-13-20.04. RESOLUTION TO RECESS THE NEXT HEARING, TO APRIL 18th CALENDAR, per REQUEST OF THE ATTORNEY FOR APPLICANT: 7:50 p.m. Appi. No. 5045 - FLOYD KING TRUST. (Continued from the January earing calendar). A Variance is requested under Zoning Code Section 100-30A, based on the Building Department's Notice of Disapproval for insufficient lot area, width and depth, due to a proposed change in lot line between Parcels 1000-24-2-26.2 and 26.3, located on Private Road, Orient. 8:05 p.m. Appl. No. 5065 - P. and M. NICOVIC. (Continued from the February hearing calendar). A Variance is requested under Section 100-244B, based on the Building Department's Notice of Disapproval of a building permit application for an as-built deck with an insufficient rear yard setback at 505 Miriam Road, Mattituck; Parcel 99-1-35.1. 8:15 p.m. Appl. No. 5072 - DR. JERRY CALLIS, et al, Appellants. This is an Appeal Application requesting a Reversal of Building Permit #27894-Z dated 11/13/01 and Certificate of Occupancy #Z-28096 dated 11/30/01, issued by the Building Department, concerning existing construction referred to as a 60 sq. ft. "platform with monument" located at property owned by JAMES and BARBARA MILLER, 1610 Paradise Point Road, Southold; Parcel 1000-81-3-19.4. (On February 21, 2002, JOHN PETROCELLI and JOSEPH MACARI submitted authorization for Dr. Callis to appeal in their behalf.) (End of public hearings.) Page 5 - Agenda upd. 3/19/02 Regular Meeting of March 21, 2002 Southold Town Board of Appeals IlL POSSIBLE DELIBERATIONS/DECISIONS on the followina applications: A. Carryovers from previous meeting calendars: 1) Appl. No. 4998 - E. Sentell (possible approval with conditions) 2) Appl. No. 5066 - J. Posillico (possible approval with conditions) 3) Appl. No. 5026 - Kavanagh and Inland Homes 4) Appl. No. 5003 -Kace LI, Inc. (written concluded on 3/15 or alt. ?) 5) Appl. No. 5034 - Rust Family Partnership 6) Appl. No. 5067 - Christopher and Irene Vitti. B. Tonight's applications, if concluded tonight, Agenda Item II list (possible deliberations/decisions, to be determined by the Board). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to Amend the following Meeting dates: March 14 to March 21; April 11 to/1tuts., April 18; Ma), 9tn to May 16~ (March 28~n meeting, no change). B. Possible Resolt~on to authorize filing, or other action, regarding Appl. No. 4942 (l~rexezy Sound St~res) as a~,pecial Excepti03~or motel units with kitchenettes r~ ,,,~,, bO, (newXl~ildings on,ant land, Application isXl~nding review under SEQRA ~'~}~"d¢[c~a/'~ with Leh~ngency and~involvei~encies (PB, _zB~,., Trustees, County Health, State DEC,~ad possibly Suffolk Count3~ater Authorit~ C. Possible Resolution to confirm calendar for hearings to be held in April-May- June. (Assignment list attached for Board's use). D. Possible Resolution to confirm Appl. No. 5029 - A. Youngman for April 18~h (or June; "as built" garage location in violation of ZBA conditions). E. Possible Resolution to confirm applicant's request to re-calendar Appl. No. 5088 - S. Gicale to May 16th (instead of April 18th). V. POSSIBLE EXECUTIVE SESSION (litil~ation oendim~ - determined by Chairman for discussion). APPEALS BOARD MEMBERS ~ Gerard P. Goehringer, Chairman ~ y$~ Lydia A. Tortora ~ ~ ~ George Homing ~ ~I RuthD. Oliva /'~ ~ Vincent Orlando C'X / ~ ~(' ~//BoARD OF APPEALS TOWN OF SOUTHOLD [ , REGULAR MEETING ~ THURSDAY, MARCH 21, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.uor thfork.net 6:30 p.m. Call to Order. I. STATE ENVIRONMENTAL QUALITY REVIEWS/DETERMINATIONS (SEQRA): Type H Declarations (No further steps under State Law): Appl. No. 5073- JOHN AND CATHERINE McDONALD. Garage location. Appl. No. 5104 - MARTIN KOSMYNKA. Setbacks for addition. Appl. No. 5075 - DIANNE I)ANEIC Accessory use by Special Exception (B & B). Appl. No. 5076 - NEVIO and OLGA BLASKOVIC. Setbacks. Appl. No. 5079 - FRANK and ELIZABETH MURPHY. Second kitchen for a one-family dwelling use and front setback for addition. Appl. No. 5080 - THOMAS FITZPATARICIC Setback. Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH. Area, width and depth of one of two lots (proposed lot line change). Appl. No. 5077- THOMAS and ANGELA LAOUDIS. Yard locations/setback; lot coverage for accessory structures. (Also see Unlisted Action below for proposed height) Appl. No. 5078 - THOMAS and ANGELA LAOU1DIS. Yard locations/setback; lot coverage for accessory structures. Unlisted Declarations with Nel~ative Effect on the Environment: Appl. No. 5074 - CYRIL LUKEMAN, JR., ET AL. Proposed habitable use of nonconform- ing accessory building (studio/shop), existing nonconforming setback and lot coverage for replacement. Appl. No. 5077 - THOMAS and ANGELA LAOUDIS. Height of proposed pool house as an accessory building over code limitation. I1. PUBLIC HEARINGS: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) 6:30 p.m. Appl. No. 5073 - JOHN AND CATHERINE McDONALD. This is a request for a Variance under Zoning Section 100-30A.4, based on the Building Department's January 11, 2002 Notice of Disapproval for a building permit application to locate a proposed accessory garage in a yard area other than the required rear yard at 1235 Wunneweta Road, Cutchogue; Parcel 104-12-12.2. Page 2 Agenda upd. 3/18/02 Regular Meeting of March 21, 2002 Southold -lown 13oard o1' Appcals 1I. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) 6:35 p.m. Appl. No. 5104 - MARTIN KOSMYNKA. This is a request for a Variance under Section 100-244B based on the Building Department's February 20, 2002 Notice of Disapproval of a building permit application to locate an addition with in-ground swimming pool, ali located at less than the code requirement of 10 feet on one side and 15 feet on the remaining side, and less than 25 feet for total combined side yards. 1985 Pine Tree Road, Cutchogue; 98-1-11.2. Possible RESOLUTION C~INCELING THIS HE~4R1NG .~ND RE-SCHEDULING WITH NEW CH. 58 NOTICES, AS REOUESTED BY ~4PPLIC~4NT FOR APRIL 19tz'. 6:45 p.m. Appl. No. 5075 - DIANNE DANEK. This is a request for a Special Exception permit under Zoning Code Section 100-3lB to establish a Bed and Breakfast Use as an accessory to the applicant-owner's residence at 290 Private Road #32, also referred to as Great Pond Way, Minor Subdivision of Community Development Agency Lot #3, Southold; Parcel 59-9-10.3. Applicant proposes lodging for up to four (4) guests and a maximum of two (2) guest B & B rooms, as owner-resident occupying this dwelling. 6:50 p.m. Appl. No. 5076 - NEVIO and OLGA BLASKOVIC. This is a request for a Variance under Section 100-244B based on the Building Department's January 15, 2002 Notice of Disapproval of a building permit application concerning a corner section of a new dwelling, for the reasons that the property has three front yards, and the map shows a front yard setback at less than 35 feet from the right-of-way to the southwest of the property, and a rear yard setback of less than thirty-five (35) feet. Location of Property: 580 Willow Point Road, Southold; Parcel 56-5-29; Lot 26 on the Map of Willow Point. 6:55 p.m. Appl. No. 5074 - CYRIL LUKEMAN, JR., ET AL. This is a request for a Variance under Zoning Code Section 100-3iA(I) based on the Building Department's January 14, 2002 Notice of Disapproval of a building permit application to replace an existing nonconforming habitable accessory building (studio/shop) which will have an insufficient rear yard setback and lot coverage at 22+- percent, at 550 Village Lane, Orient; Parcel 25-1-10. The reasons stated in the Disapproval is that the construction is arranged, intended or designed to be used, in whole or in part, as a one-family dwelling, and not more than one dwelling is permitted on this lot. 7:05 p.m. Appi. No. 5079 - FRANK and ELIZABETH MURPHY. This is a request for Variances under Zoning Code Section 100-3lA and Section 100-244B, based on the Building Department's January 22, 2002 Notice of Disapproval of a building permit application to: (1) construct an addition to an existing single-family dwelling with a front yard setback at Page 3 Agenda upd. 3/18/02 Regular Meeting of March 21,2002 Southold Town Board of Appeals 1I. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) MURPHY HEARING, continued: less than 40 feet, and (2) add a proposed second kitchen in a single-family dwelling structure for use by the applicants, at 600 Bayer Road, Mattituck; 139-3-18.1. 7:10 p.m. Appl. No. 5080 - THOMAS FITZPATARICK. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 16, 2002 Notice of Disapproval of a building permit application to locate a proposed dwelling with a front yard setback at less than the code requirement of 50 feet, at 1030 Ciearview Avenue, Southold; Parcel 89-3-11.3. 7:15 p.m. Appl. No. 5071 - WALTER TERESKO and ELIZABETH McGRATH. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 10, 2002 Notice of Disapproval for insufficient lot area, width and depth in the proposal to change lot line between Lots identified on the County Tax Maps as 109-7-6 and 7, situate along the east side of New Suffolk Road, Cutchogue. 7:25 p.m. Appi. No. 5077 - THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and 100-230C.3, based on the Building Department's January 4, 2002 Notice of Disapproval, Amended January 16, 2002, regarding a building permit application to locate a dwelling, covered walkway structure, covered stone path structure, and additions and alterations to an existing building referred to as an accessory "pool house" structure. The reasons stated in the Disapproval are: (1) that this construction is not permitted; (2) that a single side yard is proposed at less than 15 feet, (3) that the lot coverage for all construction is proposed in excess of 20% of the total lot area; (4) that placement of a new dwelling will also place the existing building, proposed as an accessory non-habitable building and tennis court structure in a side yard rather than the required yard; (5) that the height of the pool house structure is greater than the code limitation of 18 feet for an accessory building; and (6) that the proposed covered walkway will project into a yard area overlapping the property line. Location of Property: 405 Kimberly Lane, Southold; Parcel 70-13-20.35. 7:35 p.m. Appl. No. 5078 - THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and I00-230C.1, based on the Building Department's January 4, 2002 Notice of Disapproval of a building permit application to make additions and alterations to the existing dwelling and covered walkway structures. The reasons stated for the Disapproval are: (1) that the additions and covered walkway structures are proposed at less than 15 feet from the side property line (zero setback, Page 4 Agenda upd. 3/18/02 Regular Meeting o1' March 21. 2002 Scmthold ]own Board of Appeals Il. PUBLIC HEARINGS, continued: (Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issues properly before the Board.) Appl. No. 5078 - T. Laoudis hearing, continued: overlapping the property line); (2) that the covered path structures are proposed at less than four feet from any property line (zero setback, overlapping the property line); and (3) that the roof overhang of the dwelling will project more than two feet into the side yard on the northern end of the property, leaving a setback at less than the code requirement of 15 feet. 635 Kimberly Lane, Southold; Parcel 70-13-20.04. 7:50 p.m. Appl. No. 5045 - FLOYD KING TRUST. (Continued from the January hearing calendar). A Variance is requested under Zoning Code Section 100-30A, based on the Building Department's Notice of Disapproval for insufficient lot area, width and depth, due to a proposed change in lot line between Parcels 1000-24-2-26.2 and 26.3, located on Private Road, Orient. 8:05 p.m. Appl. No. 5065 - P. and M. NICOVIC. (Continued from the February hearing calendar). A Variance is requested under Section 100-244B, based on the Building Department's Notice of Disapproval of a building permit application for an as-built deck with an insufficient rear yard setback at 505 Miriam Road, Mattituck; Parcel 99-1-35.1. 8:15 p.m. Appl. No. 5072 - DR. JERRY CALLIS, et al, Appellants. This is an Appeal Application requesting a Reversal of Building Permit #27894-Z dated 11/13/01 and Certificate of Occupancy #Z-28096 dated 11/30/01, issued by the Building Department, concerning existing construction referred to as a 60 sq. ft. "platform with monument" located at property owned by JAMES and BARBARA MILLER, 1610 Paradise Point Road, Southold; Parcel 1000~81-3-19.4. (On February 21, 2002, JOHN PETROCELLI and JOSEPH MACARI submitted authorization for Dr. Callis to appeal in their behalf.) (End of public hearings.) Page 5 Agenda upd. 3/18/02 Regular Meeting of' March 2 I~ 2002 Southold '1 own Board ol'Appeals IlL POSSIBLE DELIBERATIONS/DECISIONS on the following aDDlications: A. Carryovers from previous meeting calendars: 1) Appl. No. 4998 - E. Sentell (possible approval with conditions) 2) Appl. No. 5066 - J. Posillico (possible approval with conditions) 3) Appl. No. 5058-~qw~K~ and '~i~l L_v,.' l: 4) Appl. No. 5026 - Kavanagh and Inland Homes 5) Appl. No. 5003 - Kace LI, Inc. (written concluded 3/15) 6) Appl. No. 5034 - Rust Family Partnership 7) Appi. No. 5067 - Christopher and Irene Vitti. B. Tonight's applications, if concluded tonight, Agenda Item II list (possible deliberations/decisions, to be determined by the Board). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to Amend the following Meeting dates: March I4 to :14arch 21; April 1I to Thurs., ~4pri118; May 9tt' to May 16t~' (March 28~' meeting, no change). a ne/v,,,~plication for Special E~ption, motel unl~ith kitchenette~new ~ ~)~9~-\oq/ Po~ble Resolution to authorl'~ling of Appl. No. 49~2 (Breezy Sound-S~ores) as ~ ~\~9~ buildings~ml~acant land). Applica~is pending revie/~tl~der SE~R~ ~v~ Lead Agency a'l~.~nvolved agen_c_i~s (Pi~B& Trustees, Cou'l~H~alth, State DEC, and possibly SuTfol~ County Water Autl~m:ity). C. Possible Resolution to confirm calendar for hearings to be held in April-May- June. (Assignment list attached for Board's use). D. Possible Resolution to confirm Appl. No. 5029 - A. Youngman for April 18~h (or June; "as built" garage location in violation of ZBA conditions). E. Possible Resolution to confirm applicant's request to re-calendar Appl. No. 5088 - S. Gicale to May 16th (instead of April 18~h). V. POSSIBLE EXECUTIVE SESSION (litigation pending - determined by Chairman for discussion). Fax Transmission to 298-3287 TO: FROM: DATE: SUB J: Publication Office Attn: JoanAnn Times-Review Newspaper Southold Town Board of Appeals 765-1809 (fax 9064) ~(~ March 15, 2002 Legal Notice (Publication for March 21,t) Please publish the enclosed single-page Legal Notice on March 21st. We ask that you please sign the bottom to show that you have received all pages. Thank you. Received by Suffolk Times 31 /02 Please return an initialed receipt of this request to us at 765-9064. Thank you. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 28, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 28, 2002, at the time noted below (or as soon thereafter as possible). 7:05 p.m. Appl. No. 4962 - ROGER J. and LESLIE WALZ. This is a request for a Variance under Article XXlV, Section 100-242A, based on the Building Inspector's May 2, 2001 Notice of Disapproval regarding the proposed second-story addition to existing dwelling. The Notice of Disapproval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 9.9 feet from the west side line, and as a result, the addition of the second-story represents an increase in the degree of nonconformity. Location of Property: 2505 Old Orchard Road, East Marion, NY; Parcel 1000-37-6-5. (The hearing was concluded on November 29, 2001, and reopened at the request of the applicants' attorneys.) 7:3r~.m. (Carryover Hearing)~ppl. No. 5034 -"I~UST FAMILY PARTNERSHIP. Interpreta~ief for an additi'~~ng with set'"b~k variances from front lot line and bulkhead, at ~eweta Road, Cutcho~Jue; 111-14-34~ The Board of Appeals will hear all persons, or their representative, desiring to'be heard at the hearing, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review on regular Town Hall business days between 8 and 3 p.m. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 28, 2002. GERARD P. GOEHRINGER, CHAIRMAN As updated 3114. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959