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HomeMy WebLinkAboutZBA-02/02/1988 SPECSouthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI M I N U T E S SPECIAL MEETING TUESDAY, FEBRUARY 2, 1 988 A Special Meeting of the Southold Town Board of Appeals was held on Tuesday, February 2, 1988 at the Southold Town Hall, Main Road, Southold, New York 11971, [at the east end office area). Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki. Absent was: Serge Doyen (Fishers Island). Also present were: Linda Kowalski, Z.B.A. Secretary, Victor Lessard, Building-Department Administrator. Suffolk Times Reporter Jack Williams was present during the first part of the meeting. The Chairman opened the meeting at 7:00 o'clock p.m. and the Board proceeded with deliberations, as follows: DELIBERATIONS/DECISION: Appl. No. 3697: Application of.WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of WILLIAM AND PAULA TUITE under Appl. No. 3697; and Southold Town Board of Appeals -2- February 2, 1988 Special Meeting (Appl. No. 3697 TUITE decision, continued:) WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot No. 113, Map of Cedar Beach Park No. 90 filed December 20, 1927 in the Suffolk County Clerk's Office, and also shown on Map No. 1, Part of Property of Edwin A. Brown at Bayview filed January 27, 1926 as No. 802. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 6, and is shown on survey prepared by Smith and Jung of December 10, 1981, to be improved with two structures: (a) single-family, 1½-story frame dwelling set back approximately 32½ feet from the existing bulkheads and (b) one-story accessory garage situated in the frontyard area 7'7" from the easterly side line, 122'8" feet from the front property line, and 9'7" from the northerly portion of the existing dwelling. 3. By this application, appellants request permission to extend the enclosed porch 11'9" x 7'0'' which is to remain in line with the rear (south) side of the dwelling and not closer than the existing 32'6" setback from the existing bulkhead along Little Peconic Bay. 4. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. Southold Town Board of Appeals -3- February 2, 1988 Special Meeting (Appl. No. 3697 - TUITE decision, continuedi) 5. For the record it is noted: (a) that Building Permit #16314Z is pending at this time for the repair and reconstruc- tion of the rear enclosed porch issued August 5, 1987; and (b) that the subject premises was the subject of a prior conditional action by this Board under Appeal No. 3005 rendered July 8, 1982 for the easterly side addition with sideyards at 8'6" at the east side and 18 feet at the west side. 6. In considering this appeal, the Board determined as follows: (a) the relief requested in relation to the established nonconforming setback is not substantial, being a reduction of seven feet landward of the existing nonconforming setback; (b) the circumstances are unique and are not personal in nature; (c) the variance as granted will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties; (d) there will not be an increase in density by the grant of this variance; (e) there is no other method feasible for appellants pursue other than a variance since the dwelling is located within 75 feet of the bulkhead and existing prior to the adoption of Section 100-119.2(B) [enacted in 1985]; to (f) the addition is landward of the closest established setback and will not further increase its nonconformity; (g) the relief requested is the minimal necessary and is not unreasonable; (h) the "practical difficulties" are sufficient to warrant a grant of this variance; (i) that in view of all the above factors, the interests of justice will best be served by granting the relief, as conditionally noted below. Southold Town Board of Appeals -4- February 2, 1988 Special Meeting (Appl. No. 3697 TUITE decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appl. No. 3697 for an 11'9" x 7'0" addition as requested in the Matter of the Application of WILLIAM E. AND PAULA A. TUITE, SUBJECT TO THE FOLLOWING CONDITION: 1. That the addition remain in line with the established rear porch setback; 2. That the addition not be closer than 32'6" as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was Serge Doyen of Fishers Island.) This resolution was duly adopted. Southold Town Board of Appeals -5- February 2, 1988 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3681: Application of ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling and acces- sory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-13-12.1 (previously ll and 12). The Board Goehringer left this matter. deliberated and took the following action. Chairman the room during deliberations and action concerning WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application for ANTHONY AND ANGELA LEONE under Appl. 3681; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 28,689 sq. ft. parcel of land located along the east side of Deep Hole Drive, Mattituck, in the Town of Southold with frontage of 200~ feet along Deep Hole Drive and lot depth of 150 feet. 2. The subject premises is a described parcel of land acquired by the applicants on June 14, 1982, as was conveyed shown by single deed at Liber 9211 cp 257. This parcel is shown on the current Suffolk County Tax Maps as Lot 12.1 of District 1000, Section 115, Block 13. 3. By this application, appellants request the following Southold Town Board of Appeals -6- February 2, 1988 ~ELIBRATIONS/DECISION: Appl. No.3681 (continued) Special Meeting relief: (a) insufficient lot area of proposed Parcel One of 13,630 sq. ft.; (b) insufficient lot area of proposed Parcel Two of 15,059 sq. ft.; (c) insufficient lot width of each proposed Parcel One and Two of 100 feet. 4. Also noted is an accessory building to be established on a vacant parcel (proposed Parcel One) which would not be in conformance with either Article III, Section lO0-30A or 100-32 of the Zoning Code (such building is not a permitted principal use). 5. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. It is also noted that the minimum setbacks of principal structures on each parcel proposed (if approved) under Column "A" of the Zoning Code would be 35 ft. front yard, 35 ft. rear yard, 15 ft. side yard, and 25 ft. total side yards. 6. The entire parcel of 28,689 sq. ft. is nonconforming under the zoning regulations as to lot area. 7. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft. is 66,640 sq. ft., or 83 percent as to proposed Parcel One. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft. is 64,941 sq. ft., or 81 percent as to proposed Parcel Two. The percentage of relief requested as to lot width for each proposed parcel is 75 feet, or 43 percent. 8. In considering this application, the Board also finds and determines: (a) The lot area as exists is not excessive and does not overburden the property owner; (b) the percentages of relief requested as to lot area and lot width are substantial; (c) the premises was acquired by the applicants more than five years ago by one legal description; (d) the practical difficulties claimed are not unique and Southold Town Board of Appeals -7- February 2, 1988 Special Meeting DELIBRATIONS/DECISION: Appl. No. 3681 (continued) are self-created; (e) project; public water and sewer are not proposed in this (f) the circumstances of the property are not unique~ (g) a majority of the lots existing in the immediate vicinity are of a size similar to that proposed herein; however, there are other parcels larger, and a precedent could be set; (h) the grant of this application will set a precedent for further nonconformities; (i) there is no other method feasible for appellants to pursue other than a variance; (j) significant economic injury has not been suffi- ciently demonstrated by dollars and cents proof; (k) in view of all the above factors and the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief requested under Appeal No. 3681 in the Matter of the Application for ANTHONY AND ANGELA LEONE. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Members Doyen and Goehringer were absent.) This resolution was duly adopted. Southold Town Board of Appeals -8- February 2, 1988 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3652: Application of GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule, for approval of insuffcient area, width and depth of two parcels in this pending sub- division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Greenport. Zone District: B-Light Business. County Tax Map Parcel No. 1000-53-2-20, Peconic Bay Estates Lots 178 and part of 177. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application for GUIDO AND ANNA CIACIA under Appl. No. 3652; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 10,938-sq. ft. parcel of land situated at the corner of the south side of Main Road (.S.R. 25) and the east side of Kerwin Boulevard, Greenport, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 53, Block 2, Let 20, and referred to as Lot #178 and part of #177, "Amended Map 'A' of Peconic Bay Estates filed May 19, 1933 in the Office of the Suffolk County Clerk as Map #1124." 2. The subject premises is located in the "B-Light Business" Zoning District and is improved with the following three structures: (a) one-story, one-family brick frame dwelling shown to be set back 18.9 feet from the northerly front property line, 3.2 feet from the westerly front property line, and 20± feet from the easterly side property line; (b) accessory garage building 14' x 22' in size Southold Town Board of Appeals -9- February 2, 1988 Special Meeting (Appl. No. 3652 - CIACIA decision, continued:) situated in the southerly rearyard area with a setback at 3.9 feet from the easterly property line and 25± feet from the westerly property line; (c) accessory garage and work shop building situated in the southerly rearyard area with setbacks at 6.1 feet and 6.6 feet from the southerly property line, 7.1 feet from the easterly property line, and 13.3 feet from the westerly front property line. A Certificate of Occupancy of Nonconforming Premises under #Z-16147 was issued September 9, 1987 for the subject premises, nonconforming as follows: (a) total lot area, (b) front, side and rear yard setbacks, (c) garage and workshop building in sideyard, (d) nonconforming residential dwelling in business district. 3. By this application, appellants request the following relief: (a) insufficient lot area of proposed Parcel #1 of 6,250 sq. ft.; (b) insufficient lot area of proposed Parcel #2 of 4,688 sq. ft.. 4. Article VI, Section 100-61, Bulk Schedule, of the Zoning Code requires a minimum lot area of 20,000 sq. ft. and minimum frontyard setback at not less than 35 feet. 5. It is also noted: (a) nonconforming insufficient that the division as proposed will create reduced on-site parking, an insufficient rearyard and frontyard setback for proposed Parcel #2; (b) that a portion [Lot #176] of this property was conveyed by the appellants on April 11, 1984, setting off a 9,000 sq. ft. parcel and leaving the subject premises with an area as exists of 10,938+ sq. ft. (c) "Amended Map 'A' of Peconic Bay Estates and "Map of Wickham Park" are not subdivisions approved by the Town and are not included on the Town List of Exemptions or Grandfather List as to lot size; (d) the premises were purchased(by Deeds)March 12, 1943 and February 14, 1947, and have been held in "common ownership." Southold Town Board of Appeals -10- February 2, 1988 Special Meeting (Appl. No. 3652 - CIACIA decision, continued:) (e) the subject premises was granted a Change of Zone by the Southold Town Board effective September 23, 1961 from "A" Residential and Agricultural to "B" Business. (f) Building Permit #15937Z dated April 27, 1987 is pending at this time for an addition to the existing 14' x 22' accessory garage/storage building [incidental to the residence]; (g) by prior Z.B.A. action under Application #104 on October 9, 1958, a Special Exception was conditionally granted to enlarge the "workshop" building to 44~ x 52'; (h) no plan has been previously submitted concerning site plan elements under Article XIII of the Zoning Code for parking, ingress, egress, drainage, etc. for this premises either as exists or as proposed. 6. The percentages of relief requested by this application are: (a) 68%, or 13,750 sq. ft. as to proposed Parcel #1, (b) 76%, or 15,312 sq. ft. as to proposed Parcel #2. 7. In considering this application, the Board also finds and determines: (a) the lot area as exists is not excessive and does not overburden the property owner; (b) the percentages of relief requested as to lot area are substantial in relation to the requirements; (c) the difficulties claimed are not sufficient to warrant a granting of the variances as applied; (d) the immediate area does consist of a majority of lots larger than that proposed by this application; (e) the circumstances claimed are personal and are not unique to the property; (f) the grant of this application will set a precedent to further create nonconforming situations and will be adverse to the spirit and intent of the zoning ordinance; (g) there is no other method feasible for appellants to pursue other than a variance; (h) significant economic injury has not been sufficiently Southold Town Board of Appeals-11- February 2, 1988 Special Meeting (Appl. No. 3652 CIACIA decision, continued:) demonstrated by dollars and cents proof as required by the Courts; (i) in view of all the above factors and the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3652 in the Matter of the Application for GUIDO AND ANNA CIACIA. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3706: Application of MANFRED E. KUERNER. Variances to the Zoning Ordi- nance, Articles III, Section 100-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Roads Southold, NY; County Tax Map Parcel No. 1000-52-2-3. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application for MANFRED E. KUERNER under Appl. No. 3706; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and Southold Town Board of Appeals -12- February 2, 1988 Special Meeting (Appl. No. 3706 - KUERNER decision, continued:) WHEREAS, the Board made the following findings of fact: 1. The premises in question is 5,000 sq. ft. described parcel of land located along the east side of Carole Road (a private road) with frontage of 50.0 feet along Carole Road and along "Old Cove" or "Arshamomaque Pond," Southold. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 3, and is improved with a single-family, one-story dwelling as shown by copy of survey mapped April 3, 1981, by Roderick VanTuyl, P.C., Licensed Land Surveyors, to be set back 24+ feet from Carole Road, 25+ feet from the bulkhead, 5½+ feet from the most north- easterly sideyard and 11± feet from the most northwesterly sideyard, and 16± feet from the southerly sideyard (at its closest point). 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 7 ft. x 28 ft. addition at the rear of the existing dwelling [to the east]: feet, and Il] insufficient northerly sideyard setback at 3½ reduced from the present nonconforming 5½+ setback; [2] insufficient setback from the existing bulkhead along "Old Cove" at 15 feet, reduced seven feet from the exist- ing nonconforming setback (which scales out to 25 feet when using the April 3, 1981 survey), and along an angle; [3] insufficient total sideyards reduced to a setback at 3½ feet, for a total of 19½ (16 feet existing and exclusive of the relief requested for the southerly sideyard)~ (b) for a l0 ft. x 22 ft. addition at the south of the existing dwelling: [1] insufficient southerly sideyard at six feet [reduced 10 feet from the present 16 ft. setback]~ [2] insufficient total sideyards reduced to a setback at six feet, for a total of ll½ feet (5½ feet existing Southold Town Board of Appeals -13- February 2, 1988 Special Meeting (Appl. No. 3706 KUERNER decision, continued:) and exclusive of the relief requested for the northerly side yard); (c) lot coverage for both additions in excess of the maximum 20% permitted, for a total lot coverage of 1,264 sq. ft., or 25.3% [196 sq. ft. for the easterly rear addition and 220 sq. ft. for the southerly addition]; 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, for a total of not less than 25 feet for both sideyards, and maximum lot coverage at 20 percent. 5. Article XI, Section lO0-119.2(B) requires all build- ings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not sub- stantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comforts convenience or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 7. The percentages of relief requested by this application are substantial in relation to the current zoning requirements. 8. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwelling are presently nonconforming; (b) the difficulties claimed are unique to the property, Southold Town Board of Appeals -14- February 2, 1988 Special Meeting (Appl. No. 3706 - KUERNER decision, continued:) particularly due to its nonconforming size. (c) the immediate area does consist of other lots with similar situations, however, the setbacks of the two neighboring properties from their existing bulkheads to the dwellings are at 23 feet and 30.7 feet [now Stewart and Hribok], and the premises further north [now Smulcheski] having a setback from the bulkhead at 26.5± feet. The closest setback from the bulkhead was found to be that of Ippolito, four lots to the north of the subject premises, at 17 feet. (e) the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater. (f) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities, adverse to the spirit and intent of the zoning ordinance; (g) there is no other method feasible for appellants pursue other than a variance, except for a second-story addition; to (h) the relief requested as to the easterly (rear) yard and northerly side yard setbacks are not the minimal necessary~ (i) the "practical difficulties" test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application; (j) in considering this two-fold application, the interests of justice will be served by granting the southerly garage addition, and denying the easterly addition, as applied, without prejudice and as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the 10 ft. x 22 ft. southerly addition, in the Matter of the Application of MANFRED E. KUERNER, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition, and operable at all times (in order to gain access by emer- Southold Town Board of Appeals-15- February 2, 1988 Special Meeting (Appl. No. 3706 KUERNER decision, continued:) qency fire vehicles from the water side); 2. That the southerly sideyard area remain open and unobstructed at all times at the requested six feet; 3. That the total sideyards remain at the requested six feet and five-and one-half feet, for a total of 11½ feet; 4. That the lot coverage be permitted to be increased to allow for this 220 sq. ft. garage addition (for a total lot coverage of 1,088 sq. ft.) exclusive of accessory shed, if any; 5. That the garage addition not exceed 12 feet (one-story) in height; and BE IT FURTHER RESOLVED, that the 7 ft. x 28 ft. easterly addition be and hereby is DENIED WITHOUT PREJUDICE (to further application). Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of This resolution was duly adopted. Goehringer, Grigonis, Fishers Island was absent.) Southold Town Board of Appeals-16- February 2, 1988 Special Meeting DELIBERATIONS~DECISION; Appl. No. 3676: Application of ANTHONY ROBUSTELLI for Variances to the Zoning Ordinance, Articles: (a) III, Section--lO0-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) III, Section 100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY~ Lot 23 and part of 22, Peconic Bay Properties, County Tax Map District 1000, Section 111, Block l, Lots 19 and 18. The Board deliberated and took the following action: WHEREAS, a public hearing was held on December 10, 1987, and recessed as requested by applicant until January 14, 1988, at which time the hearing was concluded in the Matter of the Application of ANTHONY ROBUSTELLI under Appl. No. 3676~ and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded~ and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application~ and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot No. 23 and part of 22 on "Map of Peconic Bay Properties, Inc." filed as Map No. 786 in the Suffolk County Clerk's Office on April 15, 1931, and is shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lots 19 and 18. 2. The subject premises was conveyed to Anthony and Francesca Robustelli on December 5, 1986 by Deed at Liber 10228 page 117, having a total area of approximately 5,000 sq. ft. with 100± ft. frontage (lot width) along the north side of Haywaters Road and 100+ feet along Haywaters Cove4 3. The premises is improved with a one-story frame dwelling having a floor area of 848± sq. ft. and is more particularly shown by copy of survey dated August 20, 1976 Southold Town Board of Appeals -17- February 2, 1988 Special Meeting (Appl. No. 3676 - ROBUSTELLI decision, continued:) prepared by Roderick VanTuyl, P.C. It is noted that the survey also depicts the northerly lines as shown on the filed subdivision map of Peconic Bay Properties to be extended north of the ordinary highwater mark. 4. By this application, appellant requests permission to construct an open deck of a size 9'x 41'6" x 15' from the rear of the dwelling to the inside of the existing bulkhead as shown on the sketched copy of a survey prepared by Roderick Roderick VanTuyl, P.C. surveyad August 20, 1976, and Builder's Drawing #1051 dated May 9, 1987. 5. Article III, Section lO0-31, Column "A" of the Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, rear yard setback at not less than 35 feet, and total maximum lot coverage up to 20% of the total lot area. 6. Article XI, Section 100-119.2(B) requires all buildings and structures located on lots adjacent to all water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 7. The deck construction is proposed to built within the 8± ft. area between the north (rear) side of the dwelling, the easterly side line, and the existing bulkhead. 8. It is the opinion of the Board that the construction of the deck in this area would aid in the prevention of erosion behind the bulkhead. In considering this appeal, the Board finds and deter- mines: (a) the relief requested is substantial in relation to the setback requirements, although the existing structure is substantially deficient in the setbacks as exists; (b) the circumstances of the property are unique, particularly due to its nonconforming substandard size, width, depth, setbacks, etc.; Southold Town Board of Appeals -18- February 2, 1988 Special Meeting (Appl. No. 3676 ROBUSTELLI decision, continued:) (c) there will be no increase in population density resulting from the grant of this variance, (d) there will be no change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the Town~ (e) the conditional granting of this variance will not prevent the orderly and reasonable use of adjacent properties; (f) the practical difficulties are not self-created and there is no other method feasible for appellant to pursue other than a variance; (g) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of ANTHONY ROBUSTELLI under Appeal No. 3676, for the construction of a 9' x 41'6" x 15' open deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the top of the deck shall not exceed 18" above grade or the height of the inside of the bulkhead, whichever is greater, but in no event shall the deck be constructed over the existing bulkhead; 2. The deck construction shall be planked to the bulkhead vertically and properly secured; 3. The deck shall not be enclosed or roofed and shall remain open, as applied; 4. The deck construction shall be placed within the perimeter of this property only and shall not extend onto the neighboring property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -19- February 2, 1988 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3698: Application of THOMAS ZIMMERMAN. Variance to the Zoning Ordi- nance, Article XI, Section lO0-118E for approval of deck and to rebuild/repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of prior Z.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08, containing .60± of an acre total. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 1988 in the Matter of the Application of THOMAS ZIMMERMAN under Appeal No. 3698; and 14, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all test mony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is located along the north side of Rochelle Place, Mattituck, extending approximately 200 feet east of Bay Avenue. 2. The subject premises is referred to as Lots 19, 20 and 21 on Map of Ida Bartley (pre-zoning), containing .60 of an acre total, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 144, Block 04, Lots 09 and 08. 3. The subject premises received a Pre-Certificate of Occupancy No. Z-15130 dated December 24, 1986 for land and the following buildings: (a) one one-story, single-family wood dwelling set back 27± feet from the front property line [along Southold Town Board of Appeals -20- February 2, 1988 Special Meeting (Appl. No. 3698 - ZIMMERMAN decision, continued:) Rochelle Place, a/k/a Salt Lake Lane); (b) a second family dwelling [located in the rear yard area]; c) storage shed [located in the rear yard area]. single- an accessory 4. By this application, appellant seeks a Variance from the Provisions of Article XI, Section lO0-118(E) to reconstruct nonconforming structure in excess of that permitted under prior Variance #3590 rendered March 5, 1987, and in excess of that permitted under the Zoning Code, all as more particularly shown on Site Plan prepared by Angelo F. Corva dated April 19, 1987. 5. The total square footage of the building as existed prior to the modification sought herein was 923 sq. ft. (451 sq. ft. preexisting plus the 472 proposed in March 1987). 6. At the time of the previous consideration under Appl. No. 3590, it was determined that: (a) the structure in question is seasonal and has been used for habitable pur- poses by family members from late Spring through Fall for two or more consecutive years; (b) the structure in question is heated by portable electric heaters; (c) the sewage utility and water utility are shared by the main systems of the prin- cipal dwelling and are not separate systems; (d) the structure in question has not been rented or operated for income or gain since before 1967. 7. While proceeding with the addition as approved under Building Permit #15477Z issued November 3, 1986, the applicant discovered that unusual conditions of the existing frame struc- ture prompted him to continue altering the building and rebuilding same in excess of the limitations of the prior Variance (#3590). Also constructed during these course of events was a 105 sq. ft. (6'9" x 15~4'' or 7' x 15~) open deck at the southerly end of this nonconforming accessory building. In considering th~s appeal, the Board finds and determines: (a) that the relief requested is substantial in relation to the requirements; (b) the circumstances of the properties are unique; (c) there will be no increase in population density resulting from the grant of this variance; (d) there will be no change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) the conditional granting Southold Town Board of Appeals -21- February 2, 1988 Special Meeting (Appl. No. 3698 - ZIMMERMAN decision, continued:) of this variance will not prevent the orderly and reasonable use of adjacent properties; (f) the conditional granting of this variance will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (g) that in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis Mr. Sawicki it was seconded by RESOLVED, to GRANT a Variance under the Provisions of Article XI, Sectio~ lO~-l18(E) in the Matter of the Application of THOMAS ZIMMERMAN under Applo No. 3698, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building in question shall not be rented or used for income and gainful purposes, and shall continue to be accessory to the principal single-family dwelling use of the premises by family members. 2. The size of this nonconforming building is limited to 1,028 sq. ft. [inclusive of the open deck], and no further expansion shall be permitted; 3. The deck shall remain open and unroofed; 4. This structure shall revert back to sleeping quarters accessory to the main dwelling; 5. The structure shall remain "as exists during the review of this not be permitted to be installed. without cooking facilities application" and shall Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals-22- February 2, 1988 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3688: Application of ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section lO0-~l~-, '~lk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY; County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5~20± acres. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of ANTHONY AND SALLY PIRRERA under Appl. No. 3688; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is situated along the north side of the North Road (a/k/a County Road 48), Greenport, Town of Southold, having a total acreage of 5.2 acres and lot width of 255.26 feet, and is located in the "A-80" Residential and Agricultural Zoning District. 2. By this application, appellant requests approval of the lot width (frontage) of 127.63 feet of proposed Parcels #1 and #2 in this pending two-lot division of land, as more particularly shown on map prepared by Roderick VanTuyl, P.C. dated September 17, 1987, amended December 11, 1987. 3. Article III, Section lO0-31, Bulk Schedule, of the Zoning Code requires a minimum lot width of 175 feet. 4. The premises is shown to be vacant and is believed to be accessible to a 12" water main from the Village of Greenport Water Company. 5. For the record it is noted that by prior action taken Southold Town Board of Appeals-23- February 2, 1988 Special Meeting (Appl. No. 3688 PIRRERA decision, continued:) by this Board under Appl. No. 3354, area and width variances were denied for the reasons noted therein on January 21, 1986; and that an opinion was obtained from the Suffolk County Soil and Water Conservation District dated November 29, 1985 which recommended a change in the location of the then-proposed right-of-way outside of the natural drainageway areas. 6. It is the position of the Board that the layout of the perimeter of this 5.208-acre parcel as presently exists with a total lot width of 255.26 feet is unique and there is no other method feasible for appellant to pursue other than a variance. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial in relation to the requirements of zoning and in relation to those lots generally existing in the area; (b) a substantial change will not be produced in the character of the neighbor- hood; (c) a detriment would not be created to adjoining properties since the lot will in all other respects comply with the requirements of zoning~ (d) the practical diffi- culties are not self-created and are sufficient to warrant the grant of this variance; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provisions of Article III, Section 100-31 (Bulk Schedule) of the Zoning Code for the insufficient lot width [or frontage] of proposed Parcels #1 and #2 of 127.63 feet, as applied in the Matter of the Application of ANTHONY AND SALLY PIRRERA under Appl. No. 3688, PROVIDED: 1. That lot area for each parcel will not be less than the current code requirement of 80,000 sq. ft.; 2. That any and all setbacks and other zoning requirements will be complied with (without reductions at any time). Vote of the Board: Ayes: Messrs~ Douglass and Sawicki. (Member Doyen of This resolution was duly adopted. Goehringer, Grigonis, Fishers Island was absent.) SoutholO Town Board of Appeals -24- February 2, 1988 Special Meeting WHEREAS, a public hearing was held and concluded on January 1988 in the Matter of the Application of JAMES MESKOURIS under Appl. No. 3704; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred ~o as Lot No. 37 as shown on the 1949 Map of Captain Kidd Estates filed as Map No. 1672 in the Suffolk County Clerk's Office. 2. The subject premises fronts along the north side of Sound Beach Drive 50.23 feet, contains a total lot area of approximately 9073 sq. ft. and is improved with a single- family dwelling having a floor area of 1176± sq. ft. and accessory dollhouse structure containing an area of 58.32± sq. ft., all as more particularly shown by survey prepared April 17, 1986 by Peconic Surveyors & Engineers, P.C. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District which requires minimum sideyards at 10 and 15 feet and maximum total lot coverage up to 20 percent of the lot area. 4. Article XI, Section lO0-119.2, subparagraph A(1) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred [100] feet from the ordinary highwater mark. 5. For the record it is noted that: (a) the N.Y.S. Department of Environmental Conservation by letter dated July 30, 1987 determined that no permit is necessary under Article 25 of the Environmental Conservation Law, and '(b) the Southold Town Trustees waived jurisdiction by letter dated August 28, 1987. 6. By this application, appellant is proposed to construct an open wooden deck at the rear (north) end of the existing dwelling, extending to the nearest existing concrete block wall not more than 19 feet, leaving a setback from the tie line along mean high water at 60± feet, and from the furthest wood bulkhead at 17 feet at its closest point. The width of the deck at its widest point is proposed at 50.02 feet. Also proposed is an open deck area along both sides of the dwelling from the rear of the house and extending southerly to the existing planter and stoop areas, all as shown by the sketched survey submitted with this ~pplication. 14, Southold Town Board of Appeals -25- February 2, 1988 Special (Mesksuri~h~P~l. ho. 3704, continued:) · tota) lot coverage requested for the existing and proposed deck construction is 2559 sq. ft. In considering this appeal, the Board also finds and determines: - -(a) that the relief requested is not substantial in relation to the mean highwater mark; (b) that the percentage of relief requested as to lot coverage is eight percent over the maximum-permitted; (c) that along the rear and both sides of this property are constructed concrete block walls, which lend to the uniqueness of this parcel and creation of the difficulties imposed herein; (d) that the circumstances are unique to the parcel and are not personal in nature; (e) that the construction as proposed is landward of the existing bulkhead and existing concrete block wall; (f) that there is no other method ~easible for appellant to pursue other than a variance; (g) situation and which that this proposal would alleviate the multi-level of the rearyard and possible erosion in the future the Board finds are sufficient to warrant; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of JAMES MESKOURIS under Appeal No. 3704, for the construction of open decks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The decks be constructed at a height above grade not to exceed 16 inches (two 8" steps as proposed herein)~ 2. The decks remain open, unroofed and unenclosed at all times as proposed herein; 3. The decks not be constructed past or over the existing concrete party walls; 4. That this construction shall not be used in deter- mining the average established setbacks for a principal building as to liveable floor area, etc. Vote of the Board: Ayes: Douglass and Sawicki. (Member resolution was duly adopted. Messrs. Goehringer, Grigonis, Doyen was absent.) This Meeting Southold Town Board of Appeals -26- February 2~ 1988 Special Meeting (SEQRA coordination: CLIFFSIDE ASSOC/TIDEMARK, continued:) approaching speeds, reaction time, intersectional geometry, pavement condition, approach control, sighting distance that is clear of obstructions for space-time-velocity of approaching vehicles. Following the SEQRA hearing, our office was informed that the applicant would consider an alternative restricting any and all left-hand exiting at the premises from the westerly egress, restricting entrances onto the site at the east end, etc. The overall purpose of the SEQRA review is not only for environmental studies but is also for traffic studies, and of course before it is finalized. Enclosed are five photographs taken February 7, 1988 by a professional photographer which shows the distance and need for an appropriate entrance/exit plan... " APPROVAL OF MINUTES: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the January 11, 1988 Special Meeting of the Board of Appeals as submitted. Vote of the Board: Ayes: Ail. This resolution was duly adopted. Southold Town Board of Appeals -27- February 2, 1988 Special Meeting RE-HEARING CONSIDERED: Appl. No. 3514 George P. Schade. The Board Members severally and jointly considered the request of Mr. Schade, through his agent Henry Raynor, for a re-hearing. It is the unanimous position of the Board that the lot area figures given in 4G of the Board's decision were a typographical area and not an error in the judgment of the Board. The relief requested was understood to be as shown by the Survey Map amended May 11, 1987 prepared by Roderick VanTuyl, P.C. and was 26,492 sq. ft. for each lot, meeting 33% of today's minimum lot-size requirement (see paragraph 3 of Board's findings). Substantial new evidence concerning the property and area must be presented in the request for a rehearing in order to reopen for reconsideration, and New York Town Law, Section 267 indicates that an unanimous vote of the board members must be adopted before a rehearing is held. An unaninmous vote to rehear this application could not be reached as required, and it was the consensus of the Board Members accordingly that a rehearing could not be held. SEQRA COORDINATION: CLIFFSIDE ASSOCIATES/TIDEMARK PROJECT at N/s County Road 48, Greenport. 1000-45-01-001 & 002 (now 2.1). The Board members reviewed this matter and unanimously resolved to forward the following response under SEQRA to the Planning Board as lead agency: "To: From: Date: Subject: Southold Town Planning Board Board of Appeals February 11, 1988 Cliffside Associates/Tidemark Project Based upon a review of the DEI$ submitted to our office January 12, 1988, as a coordinating agency, please let this letter confirm our position as briefly discussed at the SEQRA hearing on January 25, 1988. It is our position that the data supplied has not been fully satisfied, particularly with reference to the "sight distance" and "traffic hazards" in the area of the proposed egress and ingress. A study is necessary to determine the magnitude of the impact of this restricted sight distance, which can be a contributory factor in traffic accidents over the years along this highway area. The egress and ingress proposed at this site is "commercial," that being defined as any driveway other than those serving one or two family residential dwellings. Factors must be considered which include the type of vehicles, Southold Town Board of Appeals -28- February 2, 1988 Special Meeting APPL. NO. 3700-SE - Application of HOWARD ZEHNER. The Board reviewed Mr. Zehner's application and discussed the circumstances initiating the filing of this application and the preexisting nonconformities of the land and marina uses. It was noted that elongations of docks does not necessarily constitute an expansion of nonconforming use under the current zoning code. The premises is zoned C-Light Industrial, and has a use as a marina for the docking and mooring of boats, conforming to the C-Light Industrial regulations, without the necessity for a Special Exception since the uses have been existing since prior to the enactment of the zoning regulations in 1957. The Board members concurred with the above, and the Chairman was authorized and directed to forward the following letter to the applicant's agent, Peconic Associates, Inc.: ...After considering the circumstances of the conforming and preexisting nature of the subject premises as a marina for the docking and mooring of boats, and after considerable discussions with the Town Attorney's Office, this letter will confirm that it is the position of the Board of Appeals that this project for the elongation of existing boat slips/docks does not require approval from the Board of Appeals. It is the Board's interpretation that consideration by the Board of Appeals would be necessary for projects involving nonconforming uses, newly created uses, or new buildings, in this "C-Light Industrial" Zone District. Copies of this interpretation are being furnished to all other departments having jurisdiction in this project for their records... " There being no other business properly coming before Board at this time, the Chairman declared the meeting adjourned. the Respectfully submitted, ~inda F. F~Q~alski., Secretary /~-~P ~ j Southold ~O_W/1 .,~.~,rd of ApDeals - GEP~kRD P. GOE~G'ER, CHAIRMAN / To%vn Clerk, Town of Sout~id