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HomeMy WebLinkAboutZBA-02/07/1996 ~t~ Southold Town Hall Gerard P. Goehringer, Chairman ~ 53095 Main Road Serge Doyen, Jr. ~_~ RO. Box 1179 James Dinizio, Jr. '~s,~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 7, 1996 7:00 - 7:30 p.m. Informal work session and review of pending files. No formal action was taken during this time. 7:30 p.m. 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 WEDNESDAY, FEBRUARY 7, 1996 commencing at 7:30 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Linda Kowalski, Board Assistant * * * PUBLIC HEARINGS (Agenda Item I): The legal notice and portions of the application for were aloud for each of the following applications at the times identified below: 7:36 p.m. Appl. ~4356 - MARTIN and CHRISTINE KOSMYNKA. This is a request based upon the December 6, 1995 Notice of' Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel ~1000-98-1-11.2. This parcel consists of a size Under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations.) (After receiving testimony, the hearing was recessed further until March 6, 1996 for preparation~ by Mr. Kosmynka of an alternative plan which was not as yet prepared. ) Also appearing was Dr. Thomas Cottral opposing the application as filed. 7:44 p.m. Appl. ~4358 ROBERT E. GREEN. This is an appeal based upon the November 21, 1995 Notice of Disapproval from the Building Inspector in which a20plicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Page 2 - Minutes and Resolutions Regular Meeting of February- 7, 1996 Southold Town Board of Appeals Code due to insufficient side yard setback and insufficient totat side yards at less than the required 35 feet. Subject premises contains a 38,900+- square feet in lot area located in the R-40 Low-Density Residential Zone. Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. Patricia Moore appeared as attorney for the applicants. After receiving testimony, the hearing was concluded. See deliberations for action taken later. Also speaking was Mr. Fisehetti (spelling?). 7:58 p.m. Appl. ~4360 - PAT J. IAVARONE. This is a request, based upon the January 18, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a porch addition at less than the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zoning Code. Location of Property: 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of nonconforming lot area of 34,000+- sq. ft. Following the hearing, the Board took the following action: (continued on page 3) Page 3 - M±nutes and Resolut±ons Reguiar Meet±ng o£ February 7, 1996 Southold Town Board o£ Appeals Appl. No. 4360 ACTION OF THE BOARD OF APPEALS APPLICANT: PAT J. IAVARONE DATE OF ACTION: February 7, 1996 LOCATION OF PROPERTY: 995 West Rood, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 110, BLOCK 7, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated January 18, 1996 due to "Insufficient side yard on the east side .... " (Code requires minimum of 15 ft. for this 34,000+- sq. ft. parcel size.) PROVISIONS APPEALED FROM: Article XXIV~ Section 100-244. RELIEF REQUESTED: Twelve (12) ft. proposed porch extending from most easterly side]edge of existing two-story dwelling, leaving a setback at 12'4" instead of the required 15 feet. Dwelling is presently shown to be 24'4" from the foundation wall of the existing dwelling on survey dated January 5, 1996. REASONS/FINDINGS: Variance is not substantial, being a variance of 2.5+- feet from the requirement. Difficulty is due to the location of the dwelling at an "off center" point on the properly and due to the layout of the rooms in the dwelling. The addition is proposed as a single-story porch as shown on plan prepared 9.95 by Peter T. Podlas, A.I.A. on file with the Building Department and viewed in considering this request. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Robert A. Villa ACTION/RESOLUTION ADOPTED: The motion was offered, seconded, and adopted, was for APPROVAL as applied and with the condition that the porch remain as an unheated porch as pr0posed, without a window enclosure, although a screened enclosure is permitted if needed. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr., Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer, constituting the entire board. This resolution was unanimously adopted. ZBA:lk Page ~4- Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:05 - 8:11p.m. Appl. ~4361 - ESTATE OF MARY ANNA MUIR/SUSAN PARK UTZ. This is a request, based upon the January 24, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a single-family dwelling at less than the required rearyard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a nonconforming lot area of 12,318 sq. ft. and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12. Mrs. Susan Utz appeared in behalf of the application. Following testimony, the hearing was concluded. See deliberations and action taken later this evening for approval. 8:1] 8:25 p.m. Appl. #4359 EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant has applied for a building permit to construct a single-family dwelling and was denied due to insufficient front yard setback from an abutting right-of-way/property tine, Article XXIV, Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft. located in an R-80 Residential Zone District, at 16315 Main Road, East Marion, NY; Parcel ID ~1000-23-1-12.1. Patricia Moore appeared as attorney with Mr. and Mrs. Edward Williams. 8:25 - 8:35 p.m. - Appl. No. 4362 - LEWIS B. SHANKS. This is a request for the grant of a waiver as provided by Article II, Section 100-26 in this merger of land as determined in the January 22, 1996 Notice of Disapproval issued by the Building Inspector, concerning a vacant parcel of land of 11,250 sq. ft., which land has been held in common ownership with adjacent land during a period of time commencing July 1, 1983. The subject land is referred to as Lot 77 on the Map of Founders Estates, and the land adjacent thereto is referred to as Lot 76 also containing less than 20,000 sq. ft. in area. Street Address: 450 and 350 Old Shipyard Road, Southold, NY; County Tax Map Parcel No. 1000-64-2-47 (and Parcel 1000-64-2-48 ~ransferred by deed on 6/7/90 from Shanks to Chiaramonte). Zone District: R-40 Residential. Speaking for the applicants was Jennifer Gould, Esq. Following testimony, the hearing was concluded. See deliberations and action taken later. 8:35 to 8:45 - shor~ break and meeting reconvened at 8:45 p.m. as agreed. 8:45 - 10:12 p.m. - Continued Hearing (continuation from January 1996): Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon two Notices of Disapproval, the grounds for which read as follows: E.1 Family Vacation Home will exceed principal building height limitation of 35 ft. as stated in the Bulk Schedule for the R-400 Zone. Page 5- Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals E.1 Family Vacation Home as a principal one-family use; Building C. 7 Caretaker Cottage for yearround use and occupancy ) and Buildings B. 1 Lane Lodge, C4 ( C4.1 ) ~ Agricultural Compound, E. 4 Garage with staff or guest quarters each as an accessory: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. height limitation as an accessory are being considered for variances under Article III, Section 100-33A. A.2 Boat House, B.1 Lane Lodge, Bi./ Garage, B.2 MacKay Cottage, C. 1 Recreation Building, E. 4 Garage with staff quarters, Bi. 2 Mechanical Services Building and B2.1 MacKay Garage will exceed 18 ' height limitation as accessory buildings, Article III, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+- acres. Speaking in behalf of the applicant were Kevin S. Law, Esq., James Thompson Architect. Also speaking in favor were Joan Robbins, resident of New Suffolk. Addressing concerns was Joseph Fenton, Esq. See verbatim transcript of hearing for full statements. Following testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude the oral (hearing) testimony, and allowing written comments to be submitted before February 24, 1996, at which date the entire record will automatically be sealed and closed in order to commence deliberations. (At the time of preparing this set of minutes, no additional written communications was forwarded or delivered to our office.) This resolution was duly adopted. The Application of Louis Moore Bacon was the last hearing of the evening. * * RESOLUTION (Agenda Item II) under NYS Environmental Quality Review Act on the following: A. RESOLUTION: Motion was offered by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to adopt the following Negative Declaration in the Matter of the Application of LOUIS MOORE BACON (Robins Island): (eontinued on next page) Page 6 - M±nutes and Resolutions Regular Meeting o£ February 7, 1996 SouthoId Town Board of AppeaIs TYPE I ACTION NEGATIVE DECLARATION Deter~nination of Non-Significance Date of this Action: February ?, 1996 LEAD AGENCY: Southold Town Board of Appeals ADDRESS: Town Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act), of the Environmental Conservation Law, and pursuant to Chapter 44 of the Code of the Town of Southold. The Board of Appeals, as lead agency, has determined that the proposed action described below will not have (any) significant adverse impacts on the environment and a Draft Environmental Impact Statement will not be prepared. PROJECT DESCRIPTION: Application No. 4354 filed for proposed height variances and other variances related to occupancy of subordinate buildings on Robins Island which contains 435+- acres, situate near the waters of North Race, l~econic Bay, off New Suffolk, in the Town of Southold, County of Suffolk, New York. County Tax Map ID No. 1000-134-3-5, more particularly described in the Robins Island Proposed Plan Schematic Diagram and other related documents submitted for consideration under the subject application. SEQR TYPE: Type I - ProperTy is within a Critical Environmental Area. REASONS FOR DETERMINATION: 1. Initial Coordination. A coordinatedx review commenced November 16, 1995 with all involved agencies and furnishing copies of the full Long Environmental Assessment Form, the application, maps, and related docu- mentation. No objections were submitted by any involved agency. Written agency responses indicated that other permit procedures have not as yet been completed, (NYS Department of Environmental Conservation), and the Southotd Town Trustees confirmed its completed reviews under the Chapter 32 (Docks) and Chapter 97 (Wetlands), and conditional permits in effect. a) By resolution of December 6, 1995, the designation of the Southold Town Board of Appeals as the agreed-upon Lead Agency was confirmed with an effective date of December 15, 1995. b) The Robins Island Proposed Plan, as set forth in the project Description of Attachment "A" with the applicant's full environmental assessment form, was reviewed in its entirety, although only certain areas P~ge 7 - N±nutes and Resoiut±ons Reguiar Reet±ng o~ February 7, 1996 Southold Toun Board o~ Appeals of applications were required to be filed under the jurisdiction of the Board of Appeals, and that not all the applications that the applicant may eventually be required to submit to other involved agencies have yet been submitted. c) If viewed independently, most of the activities contained in the Proposed Plan were Type II Activities, not requiring further SEQRA review, as they largely ~involve maintenance and repairs of existing structures, the replacement of facilities, construction of a single-family home and the construction of agricultural buildings and accessory structures. However the applicant and the Lead Agency found it proper to view the Proposed Plan in its entirety so that it could be understood and evaluated. 2. Type of Project. This project was confirmed by Board of Appeals' Resolution adopted December 6, 1995 as a Type I Action (CEA), with an effective date of December 15, 1995. 3. Review of Long EAF Part I and Attachment A. The Long EAF Part I and Attachment A submitted by the applicant have been fully reviewed and evaluated. 4. Preparation of Long EAF Part II. The LEAF Part II checklist has been completed. 5. Field Inspection. An inspection of Robins Island and elements of the Proposed Plan was attended by members of the Board of Appeals, Town Board, Planning Board and Senior Planner, and Town Attorney. 6. Request for Additional Information. A list of additional comments and relevant areas of concern, in response to questions submitted through the Board Chairman, regarding the project and variance application, was provided. 7. Review of Applicant's Responses and Additional Information. The applicant's additiona] informatio~ and responses to the additional questions and comments were reviewed for adequacy, and evaluated by the Board. Reviews of all information continued unti] February 7, 1996. 8. Full Record. After review and analysis of all documentation in the Board of Appeals' record, including but not limited to general testimony and reports from consultants, received au the December 6, 1995 hearing, January 10, t996 hearing, and February 7, 1996 hearing, the record was found to be complete. After careful consideration and reasoned elaboration, it was determined that the Proposed Plan will not result in any significant adverse impacts on the environment. P~ge 8 - M±nutes and Resolut±ons Regular Meeting o£ February 7, ~996 Southold Toun Board o£ Appeals 9. Other. This project is not located in an Agricultural District~ as provided under Section 305 of Article 25-AA of the Agriculture and Markets Law, subdivision (4). 10. Additional Findings. Additionally, all the criteria contained in Sections 617.7e and 617.11 has been evaluated and ahalyzed by the Lead Agency (Board), and the Board hereby determines the following: a) The proposed forest and wetlands management will have numerous benefits including: limitation of access to forest management areas, limitation of access to coastal areas, restoration of south pond and adjacent areas, removal of invasive forest species, re-establishment of forest understory, and establishment of grassed areas using grass seeds harvested from other parts of the island. b) The proposed plan will effectively protect and maintain the ecological resources and aquifer recharge zone, ensuring high quality potable water supply for the island's inhabitants. c) The proposed development of ponds (approximately three acres, more or less) on the northern portion of the island will have positive benefits including: fire protection, habitat creation, drinking water for wildlife and aesthetics. d) Top soil and subsoil associated with proposed excavation activities are to be reclaimed for landscaping and roadbeds. e) Clearing of existing vegetation (other than that related to forest and wetlands management) will be limited to approximately five acres of the 435 acre island. ~ f) Proposed impervious surfaces will be limited to approximately- two acres of the island. g) Requested occupancy and height variances will not result in an adverse impact in terms of environmental and planning considerations, parti- cularly in view of the [ow overall intensity of use of the island as a whole. h) Visual changes from perspectives along the north and south forks and Peconic Bay are limited to the proposed boathouse and Family Vacation Home buildings,, which are not expected to be significant due to the low intensity of use, setbacks, consistency with traditional residential and maritime use, of the island, architectural design, existing natural contours above mean sea level, natural forest areas and proposed new tree planting areas. i) Applicant will be conforming to appropriate standards under the Suffolk County Sanitary Code with respect to potable water supply, sanitary, disposal and storage of hazardous materials. Page 9 - M±nutes and Resolutions ~egular Meet±ng o£ February 7, 1996 Southold Town Board o£ Appeals j) Proposed erosion and stormwater control measures have been shown to be adequate. k) Sufficient setbacks have been provided between the top of the bluff and the proposed buildings, to ensure longevity and provide adequate slope maintenance. l) Building permit plans will be submitted for specified uses, and further review- for conformance with the above performance standards and those described in the Full EAF Attachments A and B can occur at that time. m) The ZBA and/or other Town, County and State agencies have the ability to review other actions pertaining to Robins Island not currently proposed but which may be contemplated in the future. This application addresses the comprehensive planning of the use of Robins Island in a non-segmented comprehensive approach to aid in the protection of the island's unique environmental resources and surrounding waterfront areas. n) The proposed accessory helipad also provides emergency access To the property. o) In considering and evaluating the proposed electric and other utility elements, no additional information Iwas found to be necessary as proposed for the residential and agricultur~l uses of the land under this Plan. p) There will be no substantial adverse change in existing air quality, ground or surface water quality or quantity, and traffic or noise levels with the implementation of the Plan as proposed; q) There will be no substantial increase in solid waste production or in the potential for erosion, flooding, leaching or drainage problems under this Plan. r) The Plan avoids impacts to significant habitat areas, to threatened or endangered species of animals or plants, and to the natural and cultural resources of the property. s) The plan does not remove or destroy large quantities of vegetation and in fact leaves more than 90% of the property largely in a natUral state. t) The Plan is eonsistent with the Town's goals of protecting large quantities of open space as set forth in the Southold Town Code and the Southold Town Master Plan. u) The Plan does not threaten the health, safety, or welfare of the local community nor does it adversely impaet the neighborhood character. v) The proposed uses envisioned in the Plan are consistent with the history and use of the property as a private, non-commercial shooting Pag~ 10 - R±nutes and Resolut±ons Regula~ Meet±ng o~ Feb~p~ 7, ~996 Southoid To~n Board o~ Appeals preserve with a residential, agricultural and forestry component and thus the Plan does nor present a substantial change in the use, or intensity of use, of the property. DETERMINATION Based on the above information and analysis, the following support- ing documentation, including but not limited to the Long Environmental Assessment Form (LEAF), Attachment 'A' to the LEAF dated November 1, 1995, Attachment 'B' to the LEAF dated February 2, 1996, comments received from the public and-the other involved agencies, and the responses of the applicant's agents and consultants, the site inspection held on December 2, 1995, Town hearings, the Board of Appeals concludes that the proposed Plan will nor result in significant adverse environmental impacts. For Further Information, Contact the following Agency: SOUTHOLD TOWN BOARD OF APPEALS Gerard P. Goehringer, Chairman Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Phone No.: (516) 765-1809 Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Tortora, Villa, and Goehringer. This resolution was duly adopted. Page ii Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals Agenda Item II-B. TYPE II DECLARATIONS. Ail other applications regarding setbacks and waivers under 100-26 regarding residential properties was confirmed as Type [I Actions, without further procedure under SEQRA. The Secretary confirmed thai Notice of Type II Action has been made a part of the files by the ZBA staff immediately after filing the applications with the Town Clerk's Office. Agenda Item III. Other/Updates/Miscellaneous: Resolution. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize advertisement of new applications (noted as follows and filed by 2/15) which are deemed complete by Chairman and Board Secretary for the Wednesday, March 6, 1996 hearings calendar and Regular Meeting: 7:30 p.m. Appl. #4353 (A & B) - ESTATE OF LORETTA SENKO. The applicant has filed two applications based upon the December 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a one-family dwelling on vacant land for the reason that lot is nonconforming in lot size and has been held in common ownership since July 1, 1983: Application A: An area variance is requested under Section 100-25 (and 100-24) based upon a claim of practical difficulties in the event a waiver is not granted under Section 100-26. The subject lot is shown to be adjoining another lot in common ownership improved with a single-family dwelling on a ]5,857 sq. ft. (See proposed Set-Off map dated Nov. 13, 1995, amended Feb. 12, 1996.) Subject parcels identified as County Tax Map Parcels No. 1000-104-4-10 and 11 at Sterling Road, Nassau Farms, Cutchogue, NY. Application B: A waiver is requested under Section 100-26 for the lot as created by deed dated 2/21/58 at Liber 4432 page 170, and further deed dated 9/24/90 at Liber 11155 page 543, for parcel containing 20,297 sq. ft. in area and 100.0 ft. along the south side of Sterling Road, at Nassau Farms, Cutchogue~ identified as County Tax Map #1000-104-4-10. 7:45 p.m. Amended Appl. No. 3649 - CHRISTOPHER CONNORS. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/8/96 for a building permit to construct single-family dwelling with an insufficient front yard setback, Article IIIA, Section 100-30A.3, and subject to obtaining approval from the Southold Town Trustees and other appropriate agencies, concerning premises known as 350 West Drive, Southold, NY; County Tax Map Parcel No. 1000-59-5-29.3. Page 12 - Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Beard of Appeals 7:.55 p.m. Appl. No. 4364 - BRUNO A. KAWECKI. This is an application for a variance based upon a disapproval issued under Article IIIA, Section 100-30A.4 (100-33) by the Building Inspector dated 2/14/96 for a building permit to construct one-story accessory garage in a side yard au premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is required. ) 8:00 p.m. Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XXIII, Section 100-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. 8:10 p.m. Appl. No. 4366 - THERESA KILDUFF. This is an application for a Waiver under Section 100-26 of the Zoning Code, based~ upon a disapproval issued under Section 100-30A.2 and 100-3IA(I) dated 2/15/96 for a building permit to construct a single-family dwelling on the grounds that this is one lot (and only one dwelling is permitted per lot). Property referred so as Lot G on the "Map of Lots of Raymond T. Graham" shown on survey dated March 27, 1957, and containing 20,000 sq. ft. in area is shown to be in common ownership with Lot B, also containing 20,000 square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of Nassau Farms, County File ~1179. County Tax Map Parcel ID No. 1000-~04-2-3 (shown for 30+ years on separate assessment property cards as 98-1-22 and 104-2-3). Vote of the Board: Ayes: Messrs. Doyen,~ Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted. * * * Page 13- Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals DELIBERATIONS / FINDINGS as follows: Appl. No. 4358 ACTION OF THE BOARD OF APPEALS APPLICANT: ROBERT E. GREEN DATE OF ACTION: February 7, 1996 LOCATION OF PROPERTY: 790 North Sea Drive, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 54, BLOCK 5, LOT 14. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated Nov. 21, 1995. "Deck addition "as built" ...does not have sufficient side lot setbacks. Requirements are minimum of 15 ft. on one side with total combination of 35 feet .... PROVISIONS APPEAI.F.D FROM: Article IIIA, Sections 100-30A. 3. RELIEF REQUESTED: Variables between a 14.25 side yard set]~ack at the northeast corner, and as close as a 5 ft. setback from easterly side property line, for deck areas, built without building permit, and a portioll with a building permit, wlxich shows deck variables extelldiug from the edge of the dwelling wall from 5' to 8'3" at its closest points, respectively, as shown on sketch prepared 01-25-96 by East End Drafting & Design Drawing No. 431-SP-1. REASONS/FINDINGS: None for approval. It was noted that the deck addition could have been planned without a variance had appropriate permits been obtained for the areas under this variance. The motion for this action was agreeable with the placement of a Condition that the owner must apply for a variance before replacement or rebuilding of the deck areas within 15 feet of the property line for the reasons that the difficulties claimed were self-created. MOTION MADE BY: G. Goehringer SECONDED BY: S. Doyen a~d J. Dinizio Jr. ACTION/RESOLUTION ADOPTED: Granted with the condition that rel~iaeement or reconstruction of the deck areas within 15 feet of the side propert~ li~. will require a new variance application before activities are commenced for re-consideration by the Board of Al~peals in this self-created difficulty. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr., Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehri~ger, consisting of the entire Board. This resolution was unanimously adopted. Page 14 - Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals APPL. #4359 ACTION OF THE BOARD OF APPEALS APPLICANT: EDWARD E. WILLIAMS DATE OF ACTION: February. 7~ 1996 LOCATION OF PROPERTY: 16215 Route 25, East Marion. COUNTY TAX MAP DISTRICT 1000, SECTION 23, BLOCK 1, LOT 12.1, BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 12/27/95. Insufficient front yard from right-of-way. Lot is a corner lot." PROVISIONS APPEALED FROM: Article XXIV, Sections 100-244A & B. RELIEF REQUESTED: Map as amended the date of the hearing, with a front setback proposed at 35 feet instead of the required 60 feet, from the applicant's westerly property line which is located within the boundaries of a traveled private right-of-way (the edge of the right-of-way is shown by the surveyor to be 7.5 feet inside the boundaries of this parcel. The remaining yards are shown to be in conformity with the Code at 90 (rear yard) feet, 20 (side yard) feet, and 312+- feet (front yard) from the proposed house to the southerly property line along the M~qin Road. REASONS/FINDINGS: Official Town records show that a front yard interpreta- tion of yards fronting private rights-of-way have continued with this interpretation for more than 25 years, which designates some lots to be corner lots, and others with one front yard (being on a private right-of-way rather than a town road). (No change in this procedure was offered at this time.) The Board of Appeals has recognized the need for relief when a private right-of-way is shown on a map, having considered many different scenarios - depending on the neighborhood and configuration of the lots. This vacant parcel, a corner lot, has frontage along the north side of the Main Road and the easterly side of a private vehicular right-of-way. A dwelling is being proposed with setbacks ~pproximately 312 feet from the Main Read, 90 feet from the northerly property li~e, 20 feet from the easterly (side) property line, and 35 feet from the westerly (front) property line. The west-east width of the house, including attached two-ear garage, is shown to be 70 feet, and the north-south depth at 41'3'". Due to the nature of this long, narrow lot, motion was offered by Member Dinizio as follows. MOTION MADE BY: James. Dinizio Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Approved front yard setback from the ]private right-of-way: as applied and more particularly shown on the survey amended Feb. 1, 1996, prepared by Roderiek VanTuyl, P.C. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tor~ora, Gerard P. Goehringer. This resolution was unanimously adopted. Page 15 - Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 7, 1996 APPL. #4361. APPLICANT: SUSAN PARK UTZ/MARY ANNA MUIR (Estate of). LOCATION OF PROPERTY: 295 Youngs Road, Orient. COUNTY TAX MAP DISTRICT i000, SECTION 18, BLOCK 1, LOT 12. BASIS OF APPEAL: Notice of Disapproval issued by the Bl~ildin? Inspector dated January 24, 1996, which states grounds of "Insufficient rear yard setback" and Article XXIV, Section 100-244B. RELIEF REQUESTED: Rear yard setback proposed at 21 feet instead of the required 35 feet for a proposed new dwelling location on this corner lot having frontage along three streets or rights-of-way. The subject parcel consists of an area of 19.,318 sq. ft. All other yard areas are proposed to conform with code. MOTION MADE BY: Gerard P. Goehringer SECONDED BY Lydia Tortora. ACTION/RESOLUTION ADOPTED: Granted rear yard setback at 21 feet as applied and with the condition that there be no further principal building setback reductions in the rear yard unless a new var{ante application is submitted for consideration. (This rule would not apply to accessory buildings. ) REASONS/FINDINGS: The only yard area available (other than a front yard) for a setback reduction is this remaining rear yard which faces north. The subject property technically does not have "side yards," as defined by the zoning code, and a front yard area is not recommended for reduction in most cases. The house as proposed is minimal in size, and the request as submitted is not unreasonable under the present circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution was unanimously adopted. ZBA:lk Page 16- Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals Appl. No. 4362 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 7, 1996 APPLICANT: LEWIS B. SHANKS LOCATION OF PROPERTY: 450 Old Shipyard Rood (Lane), Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 64, BLOCK 2, LOT 047. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued January 22, 1996 stating "Under Article II, Section 100-25A Merger, proposed construction is on a non-conforming lot that has been held in common ownership with an adjacent non-conforming lot sometime after July 1, 1983 .... " TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR GRANT OF WAIVER: 1. Subject lot created 10/1/56 by deed at Liber 4209 p. 163 (preexisting) 2. Original lot lines - the exact lot lines shown ill the original 1956 deed (separate descriptions for each deed). 3. Town issued single tax bills for each parcel since lot creation. 4. Zoning adopted by Town 4/23/57 (lot merger law did not go into effect until about 1983 f(~r the Town's zoning matters). 5. In 1976 - County established County Parcels from separate deeds. 6. Husband left his (one-hag) share to his wife - transfer 12/1/77. Title for both lots, in name of wife (instead of husband and wife), and remains in single deed 'description' for each lot, separately. 7. County Health Department approval issued 5/1/95. 8. Lots are both shown as #77-subject lot, and #76-adjoining lot on preestablished map of Founders Landing (filed with the County prior to 1957). Subdivision Map hns County Health Department approval. 9. Neighborhood consists of lots similar in size. 10. The land will not require a change or alteration in contours or~ slopes, or substantial filling of land. 11. The density created by this lot waiver will not cause a significant increase since it has been intended as shown by the history of deed conveyances and history of the residential lots in the area. 12. A majority of the lots in this development have been built upon. 13. Vacant land certificate of occupancy issued August 9, 1989 was requested with an intent to build at a future date. MOTION MADE BY James Dinizio, Jr. SECONDED BY Serge Doyen ACTION/RESOLUTION ADOPTED: Waiver granted as applied. VOTE OF THE BOARD: Ayes: Serge J. Doyen James Dinizio, Jr. Lydia A. Tortora Gerard P. Goehringer Nay: Robert A. Villa (size is less than 20,000 sf. ) This resohition was unanimously adopted (4-1). Page l? Minutes and Resolutions Regular Meeting of February 7, 1996 Southold Town Board of Appeals Association of Towns February 1996: Member Doyen deferred his preference to attend NYC for the Association of Towns this year to our new board member, Lydia Tortora. Member Tortora agreed to attend one or two days, with one overnight stay. Agenda Item III-K. Written confirmation was noted to be received and placed in the file in the Matter of the Application of Peter D. Pizzarrelli (former condition of 12/16/91), as requested by the Board of Appeals. The update/status letter confirmed the same occupancy by Mr. Pizzarrelli's mother-in-law. Agenda Item III-B. Committee on Plnnniug-Zoning Matters was confirmed to be held tomorrow at Thursday, February 8, 1996 at 3:30 p.m. Member Diuizio and Chairman Goehringer indicated that the meetings have been requested to be moved till after 6 p.m. (as the schedule was formerly when first initiated) in order that ZBA members may attend. There being no other business properly coming before the Board, the Chairmau declared the meeting adjourned at 10:46 p.m. Respectfully submitted, l~hda Kowalski, Secretary/Manager Office of the Board of Appeals BY