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Home My WebLink AboutZBA-03/02/1994APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dini~io, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M, INUTES WEDNESDAY. MARCH 2. 199~ REGULAR MEETING Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 7:15 p.m. Work Session {Reviews only.- No ac~cion taken) 7:30. p.m. Call to Order by Cl~irman - Regular Session A Regular. Meeting was held by the 5outhold~ Town Beard ~ Appeals on WEDNESDAY. MARCH 2. 199~- commencing, at 7:30 p.m. at the Town Hair. S309S Main Road. Southold. New york 11971. present- were: Gerard P. Geehringer. Chairman/Member James Dinizio. Jr.. Member RObert A; ViUa. Member Richard C. Wilton. Member Laury Dowd. Town Attorney Linda Kowalski. ZBA Cierk-Secretarry I. The fOllowing matters* were held for PUBLIC HEARINGS: GEORGI KRISS. that The a~..· sq. their application. ( No opposition was' received hearing. ) Several, photographs Were Shown to the Board ! Mr. Kriss and returned during the hearing. (Please also see verbatim transcript prepared under separate cover ar~l filed simUltaneously with these Minutes for actual statements and discussions; ) Following testimony, the Beard took the following action: Page 2 - Ninutes Regular Meet±ng o£ March 2, 1994 SouthoId Town Board of Appeals FINDINGS AND. DETERMINATION Appeal Ne. q215: Application' for. GEORGE KR 155. A-va~iar~.e is requested, from Article- XXIV. Section 100-2q~B-off tho 5outhold TOwn-Zoninsi OrdinaR~e for. permission to_ construct addition with redaced (seuthwesterly] sidey~,d setback, and.redux"ed totat~sideyards at less than the. required 2S ft. Location oft Property: ~20 Bayer Road, Mattituck. NY; County Tax Map Parcet~ No. 1000-.139r3-21. The subject premises is a substal~dard lot containing.: less than 20.000 sq. ft. in area. WHEREAS; a ~publi~~ hearing-was held on Mar~h 2.- 199~ at, which time those who desired to be heard were hearc~ and their testimony recorded ( no opposition~ was, received }; and WHEREAS. the Board has caref4JIl¥ considered' alt-testimony and documentation submitted concerning this application; and WHEREAS; Beard Members have personally viewed arid a~e familiar, with the premises in question, the present use and building{s}, and the surrounding a~eas; and WHEREA$~ the Beard made the following findings of~ fact: 1. The pr~emises in question: (a) is a parcel of~ land shown on the Mapof~ Mat~ck land. ar~a of,. 9. 750- sq.. ft. and street frontage of~, 65.,00~ feet-; (b) is improved' with a-t,we- dwelling with a rear deck and~ front particularly, shown-off the sur_vey prepared~ for Rey 5bskey (predecessor iR title)~ dated December 5, 1983. revised March S. 198S. showing., specific setbacks at q2~6 feet from the. front property line ar~L 12.9 fee~-to the easterly-side, p~.~y line; 2. By this.~apptication, appellants have requeste~ a reduction in the, total side yar.d setbacks, when combined, to 22.9 feat: 10 ft. setback proposed from tho.westerlyproper~y Pag~ Appl. No. 4215 . Matter ~f GEORGE AND PATRICIA KRISS Decision Rendered March 2, 1994 line and 12.9 feet. as exists at the easterly~ ya~ct. The. size off the addition is-proposed at 12 ft. by 22 ft.. for which the landowners assure will~ comply" with air other setback require- ments - with the exceptJon or. the 2.1 ft. total- sideyar~ls. 3. The cede requirement {enacted in- Januar7 1989) for nonconforming pa~cels~ having less than 20.000 sq. ft. in this R-~0 Zone District is regulated by K100-2r:: off the Zoning Ce~e for minimum sideyar, ds at. lO feet and, 15: feet. The reduction requested is 2.1 feet on the totar sideya~ls. 4. It is the position ot~, the Beard Members that the amount of relief requested isr not substantial in relation to the requirement, being an actual variation oft 2.1 feet for the new addition. No other side yard is. being reduced. The addition is proposed for additional living ar~ea to accommodate a immediate family-member. 5. In considerin=j-this appU=ation, the Beard also finds: {a) there is no valid public purpose which outweighs the applicant's diff. ic~ultios for a 2.1 ft. variance for the total · sideyards; (b) the size o~ the deviation is-de mi~imus; {c} a substantial change wilt not be prodt~-~l ink'the character oE~ the neighborhood - in~ fact. there appear to~ be other principal buildiRgs With satbacks at~ less than that proposed herein in the immediate neighborhood; {d) the difficulty cannot be obviated b~ some method feasible fo~ the applicant to= pursue other than a ~va~ance. and to change the entire layout and a~chitectur~ of~, the~ building wOuld necessitate g~eat expenses and substa~-tial~ building modifications; {e) in view of;~ the mormer in which the di~fficuity a~ose and the fact that the size a~d opon land a~ea is-limit_ed, the interest of~ jUstice will be served· by allowing the 2.1 ft. total, side-yard reduction, to 22,9 feet (instead ofi, 2S feet}. (f} the appU~ant~s difficulties a~e not sel~-created since the dwelliRg was built p~ior to the o~ner's acquisitin~ of~ the property; {g} the-~ difficulties claimed are uniquely related to the layout ~and general: character, shape a~d size: of~ this, parcel and are not person to,. the la~dewners; Page 4 Appl. No. ~215 Matter of GEORGE AND PATRICIA KRISS Decision Rendered March 2, 199~ (hi in, considering att of- the above-factors, the interests of~ justice wi:l~ be. served by-granting- the reduction in the total sideyar~ls, as requested: Accordin§ly. on mot-ion by Member Villa. seconded by Member Wilton. it was RESOLVED. to GRANT the requested reduction of, 2.1 feet from the westerly-p~operty line for a .new extension, with a .seUoack at 10- feet from the westerly- property line. a~d total side yards at-, not less than 22L9 feet. as requested. Vote or, the Board: Ayes: Messrs. Goehringer. Dinizio. Wilton and Villa. (Member Doyen was absent ~due to the current major snow storm conditions this. evening. ) This resolution was duly adopted'. Pac~e 5 - Minutes Board of~Appeat~Reedula~: Meeting Wednesday~ March 2~ 19cj~ I. PUBLIC HEARINGS. continued: 7:3~ p.m~ structures. and, sUbmitted made by carried. LIEB VINEYARD. INC. A variance-is Section 101~-33 of~. the 5outheid~ Town tO~ locate: swi~.ingPeo~, caba~a other, than 1~9g0 Oregon Read. 10OO-8q~Ot~O~ L (no~~ LLot Strand. {Ne FollOw;rog. testimeny~- marion, ~as se=onded bY, Membe~ ViUa, and: dtrEy c0nCl~ and~: closed Pe~di ~g [Please:-s~ verbatim -trans=~ pt co.er a~:~ filed,, simul~- with: th~ se p.m. A lot~. ~ by requite a ;~ mentione~ on .~TRIPP and" JUDrTH D~ a w fo, order to~ ~ppfteafio~- ~ ~request~ in~ ora prOposed'poor in~one~of~-the front,rya~d~. M~tJon- ~as, made Chaim G°e~neJe~. ~, bY~Member Oi~[zio~ to pending receipt of~ the; r ~ Oll~tetes merit Pag~ 6- Minutes Board of~, Appeals Regular Meeting Wednesday, March 2, 199~ I. PUBLIC HEARINGS, continued: 7:58 I~.m~ Appl. No. ~219 - DIANE HARKOFF. A. variance is reqUeSted :fr°m Article IX, Section 100-92 for Permission to construct 83S the separate statements tB) Zone District. Location o~,:,property: New Suffolk, NY; County Tax- Map Parcel~ Ne. The: subject premises is a- substandard lot: testimony, motion ams made by Chairman Geehringer. by~ viita~ and-duly carried, to conclude and close hearing, see verb~im, transcript, prepared under ,- with ti~:~-se Minutes for ! 30A.3 6~1'12 Z~ne County Tax It IRWIN and AGNES~FRICK. Appli~ion Ordinance, Articie-I I IA,, SeCtion to~ substanderd lot sizes! for a~ reduction in. the minimum yard. The existing setback is-shmen to and the addition is p~opOSed to extend dwelling structure. Section 100-2q~tB set~ack; applicant proposes a,~ five-foot has a total lot a~ea o[~ 13.gqo+- in the- R.-q0 Lo~-Density Residential- 193S Westview Drive. Mattituck. NY; Section 107. Block 7. LCtr 5. The Members discussed the possibilfty applicants did f~r alternative relief. (Please see verbatim transcript prepared under separate ~r and filed under the same date. hereof with the Town Cl~rk's Office}. FoUOwing testimony; the hearing was declared closed and c°ncludedL pending deliberations. (See action taken later during the meeting~ ) 8:13 p.m. Appi. No. &161 - BARBARA KUJAWSK~I. Accessory Apartment use a~ 1'25. (Town ~Heuse Ne, } SoUnd-Avenue. MattitUCk. NY; County Tax~ Map Pa~,~cel- Ne. 1000~120~1-2.2. {Hearing continued from FebrUary 2. 199~}. After receiving testimony~ from the applica~t~ and a~ letter from John Kuja~ski (~ner} and. adjacent p.o~erty owner. Rayn~n.'d Ku?ws.k,. nct,ng.-~he!r~ r..~.q0.~les~.~ that 'this- applisatiOn be approved, the heanng was oec~areo c . [Please see verbatim trmas~ript prepared under separate ceve.~, and filed simultaneously with these Minutes for all statements a~d discussions.! 'Following the. hearing, the Beard took the following action: Page 7 - Minutes ~Regular Meeting of March 2, 1994 Southold Town Board o£ Appeals FINDINGS AND DETERMINATION Appl. NO. 4161 - SE. Application of BARBARA. KUJAWSKI: ~equest for a Special Exception~as provided by Article'IIi., section 100-3tB(14) for aPProval of eXisting Acc~sorYAPartment uSe in conjunction with owner's residency in the existing principal building dwelling structure. Location of Prope~tY:'125'[~0Use~No. P~r Town Records) along the north side Of SoUnd Avenue which~parcel ~ommences at a POint appr°xi~a~ely 51 feet east of the iverhead-S0uthotd T0wr~ Bou~da~ Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax MaP Parcel ~o. I000-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is locatedinthe Agricultural-Conservation (A-C) Zone District. WHEREAS, public hearings were held onSeptember 20, 1993, FebrUary 2, 1994 and March 2, I994~ at which time all persons were given an opportunity to be heard and their testimon~ considered; and WHEREAS, the Board has carefully considere~ all 'testimony and documentation submitted concerning this aPPlication; and WHEREAS, the Board made the following Findings of Fact.: 1. By this application, appellant is on tion. 2. The premises in question is located in the "A-C" Agricultural'ConservatiOn Zone District and Contains atotal lot 'area of approximately ~,241 sq. ft. and 200.0 along the northerly side of Sound Aven~e. 3. The subject premises is improved with a one one-half'story framed dWelling str~Cture and. detached garage. The setbacks Of the principal building footprint are shown to be 66.4 feet in the front yard, 24+- feet to the easterly propert~ Page 8 - March 2, 1994 Matter of .BARBARA KUJAWSKI Appl. No. 4161 - Special Exception line, and 95+- feet to the northerly property line, all at'their closest points. 4. A copy of the current deed has been made a part of the record which shows that the 40,241 sq. ft. was split from a 4+ acre parcel, as conveyed by John Kujawski, Jr. and Raymond Kujawski to John Kujawski, Jr. and Barbara Kujawski on December 21, t976. Although no record of town subdivision approval was issued in 1976 concerning the previous division of land, the Town Planning Board. has agreed, by letter rather than by formal application, to accept the parcel as exists with 40,241 lot area and 200 ft. lot width for the reason %hat the lot complies with the 1976 code requirements pertaining to lot size. 5. The subject "Accessory Apartment" is shown to be at 509 square feet of livable floor area on the first floor level. The remaining floor area to be retained as the principal single-family residence of the owner, Barbara KujaWski, is 2737+- square feet. This proposal meets the requirement of subsection (d) which requires the accessory apartment notbe less than 450 square feet of livable floor area, and subsection (e) which requires that the livable floor area of the remaining unit be not less than 60 percent of the total dwelling, as exists. 6. Article III-A, Section 100-30A.2(B-1) <ref. Article III, Section 100-31B(14)>, permits such use only as an accessory to the residency of the owner in the subject dwelling, and further subject to conditions (a) through (q). It is noted for the record that a Preexisting Certificate of Occupancy was issued under No. Z-22162 indicating that the building ,,...substantially conforms to the requirements of a single- family dwelling built prior to April 9, 1957" as applied. 7. Since the applicant would be permitted up to five occupants: three for the existing dwelling and ~wo for the accessory apartment, then five (5) parking spaces must be provided on this site in a manner which would prevent backing out onto the highway or right-of-way access areas. 8. It is the position of the Board Members that all the conditions and standards establ%shed by the zoning code for an accessory apartment are satisfied and acceptable as applied. 9. In considering this Special Exception application: (a) the Board has given consideration, among other things, to Sections {A} through' {P} as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reasonable Page 9 March 2, 1994 Matter of BARBARA KUJAWSKI Appl. No. 4161 - Special Exception use of adjacent properties or of properties in adjacent use districts; (c) it is determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town - provided all other rules and regulations are complied with at all times; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion byMember Villa, seconded by Chairman Goehringer, it was RESOLVED, that the request for a Special Exception establishing an "Accessor~Apartment," as built, in the Matter of BARBARA KUJAWSKI, under Appl. No. 4161, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance at all times With Subsections a thru q of Section 100-31B(14), Article III, of the Zoning Code. 2. There shall, however, be no outside stairwells for either unit <only an interior stairs or other interior access for entering or exiting the residence>' as requiredby Subsection (i) of Section 100-31B[14). 3. This conversion shall be subject to inspection by the Buildinq Inspector and renewal of a certificate of occupancy and/or ~ertificate of compliance annually, with a written notice furnished to the Chairman or Clerk of the Board of Appeals for updated, recordkeeping purposes. Vote of the Board: Ayes: 'Messrs. Goehringer, Dinizio~ Villa, and Wilton. (Member Doyen was absent due to current major storm conditions.) This resolution was duly adopted. lk Page ~{~ Minutes Board of. Appeals Regula~ Meeting Wednesday, March 2, 199q {End of~ public heerJngs. } II, PENDI'NG DELIBERATIONS and DECISIONS from this evening!s publ.ic h~_arin§s: AppL No, ~216- Lieb Vineyard, Inc, AppL Ne, ~219- Dia~e--Harkoff Appl~ Ne. q213 .- Irwin and-A~ Frick (Above actions rcontinue on following pages} Page I1 - M±nutes Regular Mee~±eg o£ March 2, 1994 Southold Town Board o£ Rppeais FINDINGS AND DETERMINATION Appeal. Ne. ~216~- Application of- LIED VINEYARD. INC. (Owner) requesting a ~va~iance under A~ticle- III, Section 100~3~ of~ the 5outhold Town zoning Ordinance for permission to locate swimmingpOOl: and cabana structure, within a ~fence enclosure, situated' in, an area other than the required rear yard. Location of~ Property: 1&990, Oregon Road. Cutchogue~ NY; County Tax Map Parcel' Ne. 1000-8q-01-02 (now Lot #q.~ and' ~5}. Zone District: "A-C" Agricultural~Conservation. WHEREAS; after due no[ice, a public hearing was held on March 2. 199q at- which' time alt those who desired to be heard- were heard-and their testimony- recorded; and WHEREAS; the Beard has carefuU¥- considered all testimony- and documentation submitted concerning this application; and WHEREAS; Board Members have personally~ viewed a~d a~e familiar with the premises in--question, its present zoning, and the surrounding areas; and WHEREAS~ the Beard made the following findings of~ fa~: 1. The premises in question is, located irt the "A-Ca Agricultural= Conservation Zone District and is referred to as DiStrict~ 10OO~ Section Block 01. Lot Nos. ~,q~and ~,S {p~eviousty Let Ne. 2) on the Suffolk County Tax Maps. situate along the southerly-side: of~ Oregon Road. distant approximately 736 feet west o~ its intersecti°n with Bridge L~ne. Cutchogue. accessory servants - see prior ZBA conditions rendered January lq. 1993 under Appeal Ne. ql?.; the remaining 17.18-acres are under the Southold Town Development Rights Program which limits use of~ the land for farmland purposes as shown by deed at Liber 11630 page 7S8 dated May 13. 1993. page 12 - Appt. No. 4216 Matter oF LIEB VINEYARDS. INC. Decision Rendered March 2. 1994 3. Section 100-33 of., the Zoning Code requires that aU buildings be lo, abed in the rear yard; except in,~ theJ case parcels. (The subject parcel is not~ waterfront. ! ~. The, relie~ sought by this application is~ a variance fo~ of~ the proposed Io~tion. as- medified, in the front yard~ area an accessory swimmingpool a~d accessory cabana structure wiEhin~, feriea enclosure. For the record, a previous applicatima and determinatk was rendered Nevember 9. 1992 under Appl. No~ ~132A for simila~ reliC,-and similar location. 5. For the record, it: is also noted that: (a) the size off-the- pool has been- medified from 20* by qe~, to 26' by 40;; (b) the size ~ the accessory cabana stru~l.~are scales out-to be approximately 12! by 18' and wilt~ be utilized strictly for stor~le arid purposes i'ncide~taL to use otL the pool* - not fo~ future additional S teeping area or other residential-type use. (c) the height off the a=cessory caba~a structure will greater than_ one-story: (d) all restrictions set forth at-Section 100-31C and 100-33 shall apply~ with the exception that the building will be p~ to be located in this front yard area. §. In considering this application for a modified fron yard location, the Board finds: a] the essentiar character of~-the neighbo.r-~ and~ [istr. ict will not be adversely~ aff~z~ted; the area su~rour~clhag,~ the a~ea of~. ~e pool is open larid; b} the relief her~in wit[ not in~ turn he adverse to the safety, health, welfare elf~, the neighborhood o~ community; c} applicant is, ~ r locate 1 not be Section ~nitted method feasible for~r the appellant to pursue, other thari a variance; dj the variaRce wilt not have an adverse-effect or: impact ori the o~- environmental'* conditions.- in th~:ne, ighb°rt~ood. o~'di'str-~ -icl: wilt- be camplied~'with as well:-as air other no impact o~ effect tha~. weulc~ c~eate, an adverse envi~enmental condition; Pacje 13 - AppI. No. 4216 Matter of' LIEB VINEYARDS. INC. Decision Rendered March 2. 1994 e) the. relief requested is the minimum necessary and continues to~ p~eser-ve and protect the- character of~ ther neighborhood arid. the health, safety and wetfa~e of~ the community; and f) the difficulty is self-createci in that the principal dwelling was built as far. to the rear of~ the lot as,,. possible-- leaving limited open "rear yardi' area available- for accessory buildings and structures while, remaining distant from the established vineyard boundaries; g) in. considering the above factors, the interests of~ justice wi,Il ha served by granting the modification, infra. Accordi~. on motion by Member Dinizio. seconded-by Chahwna~ Goehrin~jer. it was RESOLVED. to GRANT a modified variance as req~ un.der App,. No. 4216 for~, the frorrt yard (and P~tion of, the side yard) location of~ the proposed accessory/ swlmmingpooi arid cabana structures, both entirely within the fence enclosure. PROVIDED the swimmingpoo/ and related areas remain unroofed and~. the cabana structure remain.~ accessory with°ut conve~-s[on at~ any time tOr sleeping o~ habitable-area. Vote o~ the Beard: Ayes: Messrs. Goehringer. Diflizio. Villa and Wilton. (Member Doyen was absent due to poor weather cenditiens~ ) This resolution was duly adopted. Page 14 - Minutes Regular Meeting of March 2, 1994 Southold Town Board of Appeais ACTION OF THE BOARD.OF APPEALS APPL. NO. 4219: Application of DIANE HARKOFF for a-Variance~ under Article. IX. Section 100.-92 to construct storage area. replacing walk-~in coot~ existing in rear~- yard; This project exceeds the ma~(imum-permitted lot coverage requirement in this Hamlet--Business (HB) Zone District; Loction of Property: 835 First Street. New Suffolk. NY; County Tax Map Parcel 1000-117-8-15. The subject premises is substantard as to~ lot si-ze. At a Regular- Meeting of~ the Zoning Board-of Appeals held on March 2. 1994. the following, a~tion wes taken: WHEREAS. after due notice, a public hearing was held-on Ma~ch 2. 1994. at-which time all those individuals who desired to be heard'were heard and their testimony recorded (see transcript of~ verbatim testimony prepared under separate ,cover and .filed under the same date hereof); and WHEREAS. Board Members have carefully-considered all testimony and documentation Subrflitted Concerning this apptiCation; and WHEREAS, Board. Members have personally viewed and are familiar with the premises in question, it~ existin9 buildings and imprOvements, and the surrounding, neighboring a~ees; and WHEREAS;, the Beard_made the-foilowing Findings of: Fact.: 1. This ' reason given is that this maXimum- at of the February 10, 19~u~. Noticeof- pon at the. rea~ o[ the existing Restaurant bu The the. issaance of: the 'February/- 10. 199~-NOt~.ice o~- Disapproval 1.2 ft. by 22 ft. stoFage~ addition exceeds~ the by 26~ square feet (see further', clarification 2. The premises which is.the subject of this. request is a ~desc~ibed parcel of. la~d refer~ed to~ as "The Legend Restaurant" situated at 835 First Street. New Suffolk. The dimensions of this parcel and: location of.. existing improvements ar~ more particula~;ly shown on the survey prepared by Ha[~ot'd F. T~anChon, Jr'., P:;C. dated August '8, 1979. 'The Walk-in coOler'is 9.6 ft. by 13.6 fro as exists, and Will be replaced by the new addition of~ a.size 12 Pa~e 15 - AppI.. Ne. 4Z19 Matter of DIANE HARKOFF Decision Rendered-March 2, 19g~t ft. by 22 ft. The new-addition is. also proposed for. ~inside_sto~age of: items (that are presently left outdoors). 3. For the~ record it is. noted that. there is~ a ,.pending~ Building Permit issued October 7. 1993 for renovations within the existing footprint (see Permit No. 21696). and. that the applicant acquired the premises--on September 20,. 199L~. 4. The land area over which this additional; lot coverage-is requested pertains only to the-squaring-off at the rear of the restaurant ~ up to the existing party wall along the southerly (side.) property line. while maintaining the existing nonconfor.ming rear- yar.d setback established at approximate[y 15 feet between the-rear~ property line and-the outside wall of the building. The existing watk~in cooler, contains-130.56 square feet of-lot coverage; the new-addition will contain 26u~ square feet. for a difference of 133.q~ square feet. The amount of~ Overall lot coverage, as exists, is substantial compared to the code limitation of~-~0% of~ the total 6.338 sq. ft. lot area, or 2~232 square feet. However. the amount of new: area is realistically 133 square feet, Which is minimal under the circumstances. 5. In considering this application, the Board also finds and determines: (a) that the difficulties claimed and applied to the land outweighs injury to the public; (b) that the relief ~equested is substantial in relation to the lot coverage requirement of~ the Zoning Code~ however, it is not substantial in relation to the-established lot- coverage nonconformity; (c) that there is no alternative for appellant tc~ pursue, other than a .variance due to.. the nature and-character of~ the land and surrounding lots in the immediate neighborhood; (d) the Io~ation of the new construction will not create a nuisance or injury to. th~ public or interfere with nearby uses ~in this use district or adjacent use- district-; (e) the relief, will not be adverse to the preservation and protection o~ the character, of~ the neighborhood or alter the essential character of the community; (f) in view of~ alt. the above, the interests, of justice will be served by gr~anting the relief, as- requested. Accordingly. on motion by Member Dinizio.. seconded by Member Wilton. it was Pag~ :16 - Apph No. 4219 .Matter of DIANE HARKOFF Decision Rendered March 2. 199~ RESOLVED. to GRANT a variance to increase, lot coverage by 134.5 square feel. as. applied. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the walk-in cooler area which presently exists as an accessory structure be. removed, as. agreed by the applicant-ownet~. 2. That the new addition not reduce the existing nonconforming rear yard setback of. the building, as agr_eed by the applicant-owner. 3. That there be no outside storage of~ at,cities used in conjunction with business, as agreed by the applicant-owner. ~., That alt other codes be complied with and ~ appropriate permits be obtained before commencing:- building, activities. VOTE OF THE BOARD: AYES: Messrs. Goehringer. Dinizio. Villa. and Wilton. (Member Doyen of. Fishers Island-was. absent due. to.poor weather conditions. ) This resolution was-duly adopted. Pag~ 17- Minutes Board of Appeai~-Regula~ Meeting Wednesday~ Ma~-ch 2. 1994 FINDINGS AND DETERMINATION Appeal No. 4213: Application of- IRWIN an~l AGNES FRICK. Application for a .Variance to the Zoning Ordinance. A~ticle IliA. Section 100-30A:3 (and Section 100-2~ZtB) pertaining to substandard lot, sizes) for permission to construct addition with a reduction in the minimum setback at the southerly side yard. The existing setback~ is shown-to be approximately 11-1/2 feet. and the addition is proposed to extend 6-1/2 feet from the existing dwelling structure. Section 1O0-2qqB requires a minimum 10 ft. setback; applicant proposes a five-foot setback. This parcel of land has a total lot area o[~ 13.9q0+- square feet and is located in the R-q0 Low-Density Residential Zone District. Property ID: 193S Westview Drive. Mattituck. NY; County Tax Map District-1000. Section 107. Block 7. Lot 5. WHEREAS~ aEter due notice, public hearings were held on February 2. 1994 and March 2. 199q. at which time ali those who desired to be 'heard were heard; and WHEREAS. Board Members have carefully considered ail. testimony and documentation submitted concerning this application; and WHEREAS. Board Members have p~rsonaily viewed and are familiar with the premises in question, the present uses and existing buildings in-the surrounding area; and WHEREAS. the Board made the following findings of, fact: 1. The premises in question: (a! is a parcel of. land containing a nonconforming lot area of 13.9q0+- square feet. situate along the westerly side of West View Drive. Mattituck. Town of- Southold; (bi is presently improved with a 1-1/2 story framed dwelling structure sitUated 100 feet from the front {easterly} Prol~y feet from the 'westerly side propert~ propertyr line along N~ Riley Avenue, and 22 feet from the c ting ~vall towards the e~isting b~lkhead along Mattituck creek (ref. copy'of survey map prepared August 4. 1980 by Roderick VanTuyl. P.C. ) (c} is located in the R-qO Zone District as adopted in the Master Plan revisions dated January 10. 1989. . VPage 18 - Appi. ~. 4213 Matter of-IRWIN and AGNES FRICK Decision Rendered March 2. 1994 2. By this application, a~pellants have requested permission to construct a conversion of, a portion of. the existing garage area and new addition at the southerly ,side of, the existing dwelling which would leave a proposed setback at 5.6" from the southerly property line. 3. Todayls setback requirements pertaining to lots of this size I less than 20.000 sq. ft.} at Article XXlV. Section 100-2qqB requires minimum side yard setbacks at 10 and. 15 feet. for a total of~ 25. feet. It is beneficial that there will be a greater distance to the outer bulkhead along. Mattituck Creek at a setback of 72+- feet {greater than the established nonconformity seaward of the proposed construction}. 4. The amount of~ reduction requested by this. application is .for a setback at 5.5 feet instead of the required 10 feet along the southerly side yard. The total sideyards are also being requested a~. 20.5 feet instead of the required 25 feet. 5. It is the position of~ the Board Members that the amount of~ relief requested is substantial in relation to the requirements, and that an alternative setback granting relief by three feet specifically~ to allow a setback at seven (7) foot. is also feasible and will under the circumstances be the minimal necessary, while preserving and protecting the character of the neighborhood and the safety, health and welfare of the community. 6. For the record it is noted that similar setbacks have been established at approximately eight feet for one sideyard, and for a total of. 21 to 22 feet for both sideyards, in the immediate area of~ "Mattituck Heights" Subdivision {which preexists the enactment of zoning (having been filed July 24. 1935 with the Suffolk County Clerk's- Office)}. 7. -In considering this-application, the Board also finds: (a} that the relief, as alternatively granted, will. not produce a substantial change in the character of the neighborhood - in fact there are other principal buildings with setbacks similar to that proposed herein {for further information, please sea record on lots identified on the County Tax Map District No. 1000. Section 107. Block 7. as Lot Nos. 8. 9. etc.}; (b) that the difficulties 0f: the applicants" land is outweighed by any possible public need; (c] that the difficulties claimed can be obviated only by the alternative grant for similar, but lesser relief, as described in. this determination; (d) that the difficulties claimed are not self-created; (e] that the difficulties claimed are uniquely related to the layout and general character, shape and size of. this parcel and are not personal to the landowners; '~Page 19 - Appl. ~/=. 4213 Matter of IRWIN and AGNES FRICK Decision Rendered March 7. 1994 (f} that in view of the manner in which the difficulties arose and the fact that the size and open land area is limited, the interests of justice will be served by allowing a three-foot variation for minimum side yard setback at seven {7} feet. instead of the required 10 feet. and at. total sideyards at 22 feet. instead of the required 2.5 feat. ACCORDINGLY. on motion by Member Oinizio. seconded by Chairman Goehringer. it was RESOLVED. that the relief as requested for a setback of-5.5 feet. and total sideyards of,-20.S feet. be and hereby is DENIED; and be it further RESOLVED. that ALTERNATIVE RELIEF BE AND HEREBY IS GRANTED for a minimum setback of~ seven (7) feet. and total sideyards of 22 feet. Vote of'the Board: AYES: Messrs. Goehringer. Dinizio. and Wilton. NAY: Member Villa {no alternative was offered but felt a variance of, three feet is substantial|. <Member Doyen of Fishers Island was absent due to poor weather conditions.> This resolution was duly adopted (3-1). Pag~ 2{~ Minutes Board of,~ Appeals Regular Meeting Wednesday. March 2. 199q REQUEST FOR RE-WORDING OF DIRECTIONAL SIGN: Appl. No. 1~28 - ZBA Determination Rendered May 27. 1.971 Parcel ID No~ 1000-66-2-3-I Off-Premises Directional Sign/Name The. are in receipt of,. written communi=a~ions from G~eg off the Sea Shell Restaurant aRd its !'of~ Joseph F. Krukowski (Covey~s Fa~n the south Side of~ the Main Read. Southold; a.d Mr. Powers have~ indicated that the wm~cling of~ s~gn wii~ continue to be fo~ directional ~ili- be ci~q~ged for. the Sea Shell: Restaurant seafood Bar~je: Restauraet. Mr. Pewers. as owner of~ [estau~anta has confirmed that this wilt be the only di~ional-' sign displayed ir~ the entire Seu~theld~ T_o?n; for his restau~t. Based uponr t. hese circ. umstan.ces.~ u. oar~l'..~ agreed that~ the sign be permitted to~ .1~ rep?.~ecl t.o~ a~e~_,~ be ....... M~ml~r ~/illa felt the size o~~ the exm~mg s~gn s~oum, ~.~,~P~=~ ~[~he'_~'i'c~n reuuirements will.,, be.. The majOrity_ of~ t.he .=uu~ ~!",-' ~'~. .~ -' - .... -- '----:-- the Beard Members !nd[~__ted they h?d no o=jec~..mn. _~ conditions. ~f~: the 1971 Decisisn ~n ~. pa~t~-cmar~- sm~e other signs which had been on the side of. the barn fo~~- years ha~e recently been removed. Conditions under ~hich the sign may~ be re-~orded and updated: 1. than a,ft. by 6 ft. 2. wall ot~ building 3. equivalent S. name and tetephonenumber 6. for the same busin~ is Situated 7. That no other: at this p~operty, except as 8. (.or.~ sketch with -and t p~nt) to. be furms~=I° the Office of~ the Southoid: Town Beard of~ Appeals, 9. WOrding off the sign is. limited to_. di?ct?~r~.L?u..r~os~s, fo~. the Se~ Shell:- Restaurant*, or~ as aUthemzea Dy me, ~ppems Board ~ 10. Subje=t to obtaining Sign Permit' from Baiiding Department. P~ 21. - Minu~es Southoi~-Town Board of~ Appeals R~ula~.'~ing of~ M~ 2. 1~ NEXT HEARINGS CALENDAR: On motion by Chairman,?Goehringe~,. seconded, by Membe~-Dinizio. it was I i RESOLVED. that the~Board Secretary is hereby authori-zed, an~:dire~ted to [advertiSe~. ~pursua~t ~to. law> notice of the following=, public hea~ingS to. be he~d-.by th~ SOUTHOLD_TOWN BOARD.OF APPEALS. at the Southol~.~ Town Ha!t. 5309~Main Road; Southold; New-.York.Il971. on WEDNESD~,Y. APRIL 6. 199q, ~ing at~the=~times specified below: 1. 7:3{~ p.,m, Appi.. No. ~221 - ARTHUR-BURNS. This-is a re va~ __a~ce-based upon the. Mm~ch-1. 199~ Notice a~u~=:~ ex~ te.~.~. _whi~ h~t~ex~s the '~u ~h~n I~ inca ~f~-~d; r~. A~ic~-.XXHI. Se~oe 10~r231 Zonings- ~. L~.~ ~P~: 3525 Pri~~d NY; -County Tax~ ~.; Pa~~ Ne~ 1~-105-1~ Z~e-D~i~: Re~tiah 2. 7:32 p.m~ Appl., Ne; 4218-~- JOHN E. STRtPP and-JUDITH (Continua~io~from March 2. 199~). Proposed.dwel~ w[~h.red yar~d setback fromm, PrivateRead ~ East End'~ Read. HS~ Isla 1000-7-2-g ~ quest: fo~ a ricing oil the R ,-80 · STRIPP. aced; front ad~ NY; 3. 7:~ No. ~221}- JOH-N,-E.. STRIPP and-JUDITH D, STRIPP. This is ,a ': a ~,va~iance b~edH upon: February ~ 1~ a~i~iorr fo~-a r~ A~ie~; III. S~,1~3~ ,: PrivY. Ro~ ~ E~ E~ R~. _Fi:sh~ .NY; -~9-~ · , ~le. ~222.- BENEBETTO. fOl~ at~ the Lot: N~ III; NY; COunL3r Pa~l~ ID-1 subject p~ises is substandm~l and:is: I~ District. 5. 7:51),~p~n, AppL Ne. ~227 - WLLLIAM?GASSER, This-isa,r~est fo~ variance base~ u~-the Build~no~ Inspecto~[S-Febr~a~y,.~,~; 1~ N~f~ Di~val-.~n~* a ,bui:~. p~ a~i~- ~ twa sig~ as e~i~~ on f~, whi~ do n~ m~ the-s~ f~t frm alE-p~tin~, r~.: A~icE~XlX. XVIII. S~-'1~-81~C{2a}- ~t~Z~ ~ Zone D~: H~t~ Pac~e ~2- Notice of= Hearings Southold Town Board o[~ Appeals Regular. Meeting. of; April' 6~ 199~ Business, LocatioR- of~ Property: 6qO Love~Lane~and~-, 5300. Cmmty -Road Mattituck. NY; Parcel IDNo, 1000-1q0~2-16: 6.~ 7:55 p.m, AppI; Ne. 4223 - DONALD BREHM,; This ~is~a request-for a variance based, upon the,Buildiag Inspector,s ~ 4~ 199~ Notice:off~ Disapproval-cen~e~in~-a' ,bu~; permi/c~aPl3t:~oe,-for a deek addition proposed within. 75! feet of~ the:bulkhead- alor~ Da~.n- Lagoon; re~ At--cie XXIII. Sectio~ 100~-239~q~:of~-the Zoni~j C0d~, L~ioa off, Property: 1010 Maple~-Lane~ Gr. eenport. ,NY; Lot Ne.. 60~ ab Clea~q~ Poir~, Sectima III; 1010 apl~Lane~ _Gr~; NY; County Parcel~- ID 1000-35~5-27. The subje~ remises i's,.s~d ,and, is~located i~ the R-qO Zone~, DistricL 7. 8:00 p.m, Appt. No~ 4226 .- THOMAS-AND JOAN KELLY. This~is-.a request ~fo~. a var;,~-:based Upm3 the Building InSP~s-MarCh, t0~ 19~. Notice of, Di~pp~ co~~ a buil~n~ p~a~oR- ~ ~-a H~ ~ at s~e buil~, wi~i~75 f~t of~ the bul~: C~u~-H~; r~. A~e~X[il. S~i~ 1~r2~.~ ~the Zoni~ C~e. ~i~ ~,Pr~ 1~O W~ ~ve C~ue~ _NY; C~y Pa~ I D 1~-111-5-1 ~n~; 1.~ a~. 8. 8:05 p.m, Appl,~ Ne. 4224~- THOMAS AND ROBY GLUCKMAN; This~is an application, w~:-amendme~ts, _coRce~'mg p~operty, known a~, 1350 West Cove Read. Nassau.PoiF~t,~ C;utchogue~ NY; Parcel, I1~ 1000-111-S-2,. requesting: a), a ~va~iance based- upon the Buiidi'ng I-nspe~or~s'-Februaey-23, 199~ Notice of,, DisapprOVal~,,~cor~erning a building. ~.arte~ an. ~ existing, garage w~ a~hed guest un[t~ e~pa~sion.- off the guest unit, by mo~e 'than 5[~ percep:~ oF~ it~ p~ese~t,.~size;, ref'. Article XXlV~ Secti°n 10~-24~ :of,~the-Zonin~~l Code; and b) a .va~iaRce base~ u.~pon the a an ingroUnd located, in requ;med front- ~ 100~,33C of:~ the Zonin~j w~ wit~:net be · Article. iii. and is p~posed Article XXlll. Secti°~ 10tL-239.~i~-of~ the Zonin~ 9. 8:~15 p.m~ Appr. No. 4225 - RICHARD.AND-- DOLORES PRtNCIPt. Shis is a request, for a-valance' ,based-upon the SUir~ ~-Mal"~ ~,:~ 199~ NotiCe of~ Dis~vaLconCerning a.bUih:t'mcj~ permi~-~ to ~Jocate a dwelling structure wi, thin: 10~- feet off,the L:I. Sou~ bluff; ref. ArtiCle XXIII, Section, 100r~239./tA'1 o~::the Zm3in~ Code. Locatio~ of;P~: Lot #2 shown-.on' the 1985 Map-of~ Blue Ho~iZons~ :also known-' a~ q660 Biue- Horiza~ Bluffs Road, Peaonic~ NY; County Parcet~ ID-1000-7~-1--~.52, Pac~e 23- Netice of~;~ Hearings Southold Town B~d' o[. Appeals Regular Meeting,- off-April ~6~ 199~ 10. 8:20 p.m~ Appt. No. ~2Z8 - VICTOR.and. GAlL RERt$[. as cont~a~t vendcc=. (Owne~: Doris :E. ~ u~ ~e. BuYerS.. I~~s Ma~ 15. 19~ N~ ~ Di~~ ~rning, a buil~ ~m~-a~lf~ to~ I~a ,-d~ t~ ~y ~ion ~. which ~itLbe wi~ifl~ 75 f~ ~ the b~~ n~ GuEL~P~d; r~. A~icle XXII I. Se~. l~3~.aB ~-~, ~e Zon~ .Code. L~ ~ Pro~: Lot No. ~ and p~ o[~, 33~ on ~ M~ of~ ~ion, T~-a~ Cl~v~.Point~ .fil~ ~p No. 3521; al~ known NY; ~n~ Pa~c~ ID~ 11. 8:25 p.m. AppL No. 4229 - FRANK R, ZALESKI. This isa :request-for ZBA review and; de~el~mi~°t1~ confirminej, and. recognizim:j, thisnvaeant· IoI~ as exists with nonconfe~ni~g: lot a~ea..width an~--depth~-~' ref.: Article-XXIV~ Secti;o~ 101~-2q~ of~ the Zonin~ Code, Location ~ Property~ Lot #11 on the lg65 Filed Map of~Deep Hole. Creek Estates;~alse kRown-.~a~,-1100: Theresa Drive. Ma~Jtuek. NY; County Parcel ID~1000r11'5~t3-15; Zone-,DEstrict.- R-q0 ResidefltPal~. Vote. o[.~ the-Board: Ayes: Messrs. Goehringer. Dinizio~ Villa.and~,Wi~to~, [Member Doyen. wa~absent du~,,to..adv~e,~weathe~ cor~;) This resolut~ion was du[~ ~adopted. Pac~e 2~ - Minutes SouthotcL Town- Boardxof~.~, Appeals Regular Meeting otL Ma~ch 2~ 19°~t Agenda Item Ne, IVAC;.: SEQRA Declarations.'* The foltewin~prejeets were confirmed a~ Type II Actions~ .not subje~ to~ proc~it~j~ unde~ SEQi~ as~ setback or lot line:variances: App[. No. ~215 - GEORGE KRtSS~ Appi. No. ~16-- LIEB:VINEYARD, INC~. Appk No~ q.217 - PULS E; ,.RfCCO Appl. No. ~1-2~18-- JOHN~; JUDITH~'STRIPP Apph No. ~2:19 - DIANE HAREOi~F Appl. Ne. z[243 - IRW[N:~g; .AGNES FRICK~ OTHER: The followin~ dates were. confirmed, for upcoming: Committee conferences,: Planniflg g .Zoning, Committe~.- Friday~- March q.~ 199~ ab. 3:-30: p.m. Code Revie~ CommEttee- March 16~ 199q~ at~7:30~,p.m. UPDATE: Application; o~~ KI.M=CAMPBELL. ~Fisber~ Istafld~. Awai~Town Chai~.~i~ in~ ~,he'~ul~'li~the~ZBA~'~ pla ~ to Fish~ Isl~du¢~Ap~l'~ if ~ it was d~~~ ~ u~ r~ei~ ~ ~e~.To~Tru~' a~a~a~the:'~:;~ ~'~~- f~ t~ appti~nt o~ himont, thisLm~ may-~ r~r~: ~t~ ~ f~ a fin~ h~ng [~~ fOr ~y-~.' 1~).. UPDATE: Application Await ,t~site Pla~ a '~ be .r~ra~e~ to was-.noted that the owne~ has not approvals~~ fo~ the. buildings o~ uses which are COn~ ab the, site~ W/NERY SETBA(~KS. Member V[U~-aske~ tha~a memorandum, be seflt to the Code- Revie~ Committee with hi.suggestion--that~ the:s~-for,- wineries be inCreased (11~ ft;. more o~. less)from the peoperL~4ines. _pa~cula~y from the street-line~ Parle 25 - Minutes 5outhoid...Town'~ Board of L~ Appeals RegulaR~-Meetin~'of~-March 2. 199~ There ~bein9 no~ other busin~ ~, properly,coming'- befere ~the Beard- at- this time. the Chairma~ decta~ed the meeting~: adjourned. Respe~futly,- submitted, ~ ~~~~thotc~ Town.. Board ~o~ Appeals ~ i~pro ed- Gerard,4~. G~hr~ Chffi~ ~CEIVED AND FILZip BY ~ THE SOUTHOLD TOWN C~IK I Town Clerk, Town of