The URL can be used to link to this page

Home My WebLink AboutZBA-02/02/1994APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Di-i~io, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES WEDNESDAY ~ FEBRUARY 2 ~ REGULAR MEETING 1994 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 action taken) 7:35 p.m. Call to Order - Regular Session (Full Board) A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, FEBRUARY 2, 1994 commencing at 7:30 p.m. at the Town Hall, 53095 Main ROad, Southold, New YOrk 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Member james Dinizio, Jr., Member Rober{ A. Villa, Member RiChard C. wilton, Member Linda Kowalski, ZBA Clerk and Secretary I. The following matters were held for PUBLIC HEARINGS~ noted as fOllow~': App!. NO. 4210 - STEPHEN T. as built, side The Parcel No. 1 ontains a 8,638+- sq. ft. and is i Residential Zone District. behalf of their applicati°n. prepared underseparate cover for actual discussions at hearing. The original transcript has also been filed with the Town Clerk's OffiCe for reference purposes as needed:) Following testimony, a motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to conclude (clOse) Page 2 - Minutes Board of Appeals Regular Meeting Wednesday, February 2, 1994 the hearing, pendingBoard this evening. See e~d of Minutes for I and determination later and Detestation. and ~ 7:i40 .m. No. 4211 of MARY HOLLAND. Variance to I00-30A~.3, , and proposed L this ~ubdivision 19.1, lot are. is sq. ft. J and tob widkh '( of 70. of Thlr~ pr( 70.59 feet of and along ~ SOuthot~. dwellin~ and ~noted On the Abigail~ ( Please see hearing. The Town Each 1Otlwil] storage ~ion 117, Block 9, Lot ft. Lot $1 101.41 feet of sq. ft. in area (frontage) of 101.25 ~NeW Su~fotk, Town Of Single-family which buildings are 6f Occupancy No. Z~22830. ~If of the applicant. discussions during also been filed with the reference purposes.~ 7: No. of order that there is a pzoperty. The ChaiZman rec~mnended a .grant~ 0~ his r~quest and moved to postpone the hearing until the" March 2, 1994 Regular ZBA Meeting. The Chairman's. motion was seconded b¥ Member Page 3 Minutes Board of ApPeals Regular Meeting wednesday, February 2, 1994 Villa, and duly carried by Members Doyen, Wilton, Villa and the Chairman,~to alI0w time for JOhn~KujaWski to consult with his attorney, Ribhard'Lark. (Mr. Lark was provided with a copy of the Legal No~icebY the ZBACterk aPprOximately two weeks ago, and there was no reply through the ZBA Office.) It is expected that March 2, 1994 wiI1 be the final hearing on this application, without further postponement, and that the Board will commence' deliberations. In the interim, Barbara Kujawski was asked to submit information concerning the lease aqreement for the Accessory Apartment which is one of the cOnditi0r~ of the Special ExccPti0n~ as Provided in the Zoning Code at this time. 7 to of was invited to stay the next (and last) h~ring~. 7o. 4212 FRANK B.~ZIMMER. Special Section 100-3~ ~r permission Academy. of Property: County Tax Map ParCel NO. premises Contains I7.54 acres District, is presently improved with Appearing were the and in favor in audience were who appeared to be in SuppOrt of the c~m.ent). <PleaSe see verbatim during the hearing. T~e ~been filed with the Town Clerk's OFfice FottoWin~ testimony, motion seconded by,ember Villa, and (Close) the hearing pendin~ this evening). The audience was wished since delib~rations weuld follow 8:05 p.m. 4213 ke to a ! The, , the sa ; applicant proposes setback. This Parcel of land has a totai lot area of i3~940+- sq-eare feet and is located in the R-40 Low-Density Residential Mattituck, do have a feW questions. The hearingwasPostponeduntit Page 4 - Minutes Boardof Appeals Regular Meeting Wednesday, February 2, 1994 March 2, 1994 in order that the applicants coutd be given a second notice to attend. Motion was made by Chairman ~oehringer, seconded by MemberDinizio, and duly carried, to continue the hearing ohM arch 2, I994 at approximately 7:30 p.m. (End of public hearings) Agenda Item III-B: Verbal Request of Jacdb Albert for possible advertisement of the A~Plication of Kim Campbell, Fishers Island. The hearing was advertised for two separate monthly calendar dates and is now in open recess. The ZBA is awaiting Town Trustees' action Which is expected during the last week in February at the earliest, and there is still a chance that the ZBA hearing would need to be carried Over until April if ~he Town Trustees relocate ~the cottagefurther away frOm its original lo~ation due to nearbY wettands. At this point in time, it is not known whether the maps would ~eed to be amended for' compliance witha T~uStee requirement next month. The Board~embers directed that the application not be advertised until the Town Trustees' action has been received concerning the both the Coastal Zone~anagement Code and Southold 'T0wnWettands Code and new maps, as may be appropriate under the circumstanceS. AGENDA ITEMS I II-A & C: On motion by Chairman Goehringer, secondnd by Me~0er Wilton, it was: RESOLVED, to ADVERTISE new public hearings to be held by the SQUTHOLD TO,tN BOARD OF APPEALS on WEDNESDAY, MARCH 2, 1994 Clerk,.fOr publication on FebrUary 17, 1994 in the local and official newspaper of the Town. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was'dutyadopted. UPDATES/MISCELLANEOUS: Town Co~ittee Meetings: None set (as of 2/1/94). Association of Towns Meeting in ~VfC is 2/21 - 2/23. Southotd Town Board of Appeals -5- February 2, 1994 Regular Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1800 January 5, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4211 Project/Applicants: Mary E. Holland County Tax Map No. 1000- 117-9-19.1 Location of Project: 415 lhird St. & Jackson St., New Suffolk. NY Relief Requested/Jurisdiction Before This Board in this Project: Subdivide 10t with insufficient width, depth and area This Notice is issued pursuant to Part 617 of the · implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Formhas been submitted; however, Section 617.13 'of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action isctassified as Type II for this variance applic-ation under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact theOffice of the Board of Appeals, Town Hall, Main Road, Southold NM 11971 at (516) 765-1809. ' Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. Page 6 - Minutes Regular Meeting of February 2, 1994 Southold Town Board of Appeals ACTION OF THE BQARD OF APPEALS Appl. No. 4211. Upon Application of MARY ~OLLAND. Variance to the Zoning Ordinance, Article III-A, SectiOn 100-30A.3, appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the Substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on theSuffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.I, containing a total lot area of 14,300+- sq. ft. Lot ~1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot ~2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) .of 101.25 feet along the northerly Side of jackson Street, New Suffolk, Town of S~ut~old. Each lot, as proposed, will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. WHEREAS, a public hearing was held on February 2, 1994, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentatien submitted c0ncer~ing this application; and WHEREAS, Beard Members have personally viewed and are familiarwith the premises in question, itspres~nt zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a total lot area of 14,300 sq. ft. situated in the R-40 District along the northeEty side of Jackson Street, Town of SouthOld, and more particularly identified on the Suffolk CoUnty Tax Maps as District 1000, Section 117, Block 9, Lot 19.1. 2. The most southerly half of the subject pr~mises is improved with a one-story, single-family 'dwelling Which is situated approximately 26 feet fr°m the front property line Page 7 - Minutes Matter of N~RY HOLLAND Decision Rendered February 2, 1994 along Jackson Street, approximately 18 feet from the proposed as the westerly yard, improved with an existing tool shed ~tructure approximately one foot from the property line at its toseSt point~ The' dwelling is Presently Set back 35'1/2+ feet from the rear (westerly as established} property line. - 3. The most northerly half of the subject premises is shown to be improved with. a two-story framse house with accessory structures established in the westerly rear yard area. The setbacks of this dwelling str~cture are shOWn to be: (a) 10 feet from the front property line alongThird Street; (b} 20+- feet from the southerly (propoSed division) line; (C) 18~~ feet from the northerly' side propert!~ line; (d) 49-1/2+- feetfrom the westerly rear property line. 4. By this variance application, appellant is requesting Margaret Dawson}, and sUbsequently held by Frank Dawson between January 1970 and March1986. In MarCh 1986, the present owner, Mary ~lland, acquired the entire property by deed described a~ Liber t0000 page 363. For the record, ik is noted that the subject premises has been in common ownership and the dwellings have existed for more than 20 years. 5. The following variances are necessary for the proposed separation and set-off as Shown on the June 21, 1984 survey, amended November 15, 1993: (a) proposed Lot No. 1 (northerly half of the total lot) is proposed at 7,153 square feet in area, 70.59 ft. of lot width & road frontage}, 101.41 ft. lot depth; <proposed Lot t); (b) proposed Lot No. 1 (southerly half of the total lot) is proposed at'7,t47 square feet in area; 70.59 ft. width. 6. Column ii of the B~Ik Schedule, and Article IIIA, SectiOn 100u31A.3of the zonilngcode regulations (as amended January 1989) r~quires a minimum totarea of 40, per lot, minimum width of 150 feet,, and lot depth of ] 7. The percentage of relief sought b~ t~his application is approximately82 percent , which is substantial in relation to the required 40,000 sq. ~t. minimum'lot size and 52+'percent in relation to the required, i50 lot width. 8. In considering this application, the Board also finds and determine~: (a) the area lots in this vicinity are similar, or smaller, to that proposed by this application; Page 8 - Appt. No. 4211 Matter of MARY HOLLAND Decision Rendered'February 2, 1994 (b) the practical difficulties claimed are sufficient, as submitted in the record, to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood and a precedent would not be set for the following reasons: ~1) i~u~ediately to the north and west are parcels of character and size comparable and. similar to the lots proposed by this application; the reSUlts of the granting of this application will not have a direct, effect or set a precedent for Other lots on this block; and [2} the density of the proposed lots will not be increased since there is a single-familY dwelling existing, since prior to 1962; {3} the Board Members agree that practical difficulties claimed are due to unique physical conditions peculiar to and inherent in the lot as it presently exists, and the circumstances are not personal to the landowner; (d) although the difficulties claimed were self-created over the years, they cannot be obviated by a method feasible for the appellant to pursue, other than a variance; (e) the denial of this variance would result in significant economic injury to the Iandowne~; (f) the variance will not produce a substantial change in the character of the neighborhood; (g) the variance, as granted, is the minimum relief necessary; and (h) in view of the manner in which the difficulties arose, and in considering'all the a~ov~ factors, the interests Of justice will be served by granting the variance, as noted below. Accordingly, on motion by Member Villa, seconded by MemberDiniziO, it was RESOLVED, to ~RANT the relief as requested u~der Appeal NoJ 4211 in the Matter of MARY HQLLAND, as applied. Vote ofthe Board:- Ayes: Messrs. Goehringer, Doyens, Dinizio, Villa and Wilton. This resolutio~'was ~Uly ad6Pted. ? ~/ ~ Southold Town Board of Appeals -9- February 2, 1994 Regular Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ..SEQRA UNLISTED ACTION DECLARATION Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 'Fax (516) 765-1823 Telephone (516) 765-1800 January 21, 1994 Appeal No. 3212 Project Name: Frank B. Zimmer (Zimmer Farm) County Tax Map No. 1000- 13-2-7.8 (part of 7) Location of Project: North Side of Main Road, Orient Relief Requested/Jurisdiction Before This Board in this Project: Special Exception to establish Horse-Riding Academy in conjunction with existing horse farm (with barns) in this R-80 Zone District. Parcel c0nsis~s of 17;544 acres. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to'assume Lead Agency status and urmes coordinated written comments by your agency to be submitted with the nex~ 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to~ an Unlisted SEQRAAction, and has .declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we Will assume you have waived sam~., and-we will be required to proceed as Lead Agency.) For further information, please contact the Of!ice of the Board of Appeals, Town ~all, Main Road, Southold, NY 11971 at (516) 765-1809. Page t0 - Minutes Southotd Town Board of Appeals Regular Meeting of February 2, 1994 ACTION OF THE BOARD OF APPEALS Appl. No. 4212: Matter of the Application of FRANK B. ZIMMER. Special Exception under Article III, Sec~ion100-31B(12) for pe~ission to establish new'Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 10Q0-13- 2-7.8. The subject premises contair~ 17.54 acres locate~ in the R-80 Zone District, is presently improved with barns and utilized as a horse farm. At a Meeting of the Zoning Boa~d of Appeals held on February 2, 1994, the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Boardl~embers have personally viewed and are familiar with the premises in question as well as the surrounding zoning districts andland-use districts; and ~EREAS, an Unlisted Action Class and Negative Declaration determining no adverse effects to the environment und~r the N.Y.S. Enviro~nental Qualit~ Review Act (SEQRA)' haS been determined by the Board of Appeals with respect to this project; and WHEREAS, the Board made the following Findings of Fact: 1. , applicant seeks.aSpecial III, sections 100~31B(t2) of the Zoning r Board Of Appeals.~approval a riding Stable or academy. 2. S~,hmitted under this application for consideration are a survey amended June I0, 1986 and a sketch of a survey map showing the ~xisting stables, paddocks, turnout ring, indoor arena, outdoors.ring, p~ture are~, parking, etc. 3. It is noted for the record tha~: Page 11 Appl. No. 4212 Matter of FRANK ZIMMER (ZIMMER FARM) Decision Rendered February 2, 1994 is presen' acres wit] riding am of Southol 251 and Section is a priv lots. (a) the existing use of the premises a~d buildings, ly allowed agriculturally as ~a horse farm on 17-1/2 accessory uses incidental td the horse farm such as training of the horses (without charge or profit); (b) the subject premises is located in Orient, Town .d along the north side of the Main Road (State Route identified on the County Tax Maps as District 1000, Block 2, Lot 7.8; (c) running along the westerly side of the property ~te right-of-way extending north as access to other 4. It is the position of this Board that: (a) the riding stable(s), or academy, as proposed, will be in conformity with the Zoning Code as applies to this R-80 Residential Zone District; ~(b) the amount of land applied to this proposed use is more ~han adequate and will lend Go the efficient and safe circulati(~n for vehicles and pedestrians as well as maneuverability of the horses, stable equipment, and vehicles on the site and appropriately located customer and employee parking a]'eas which are established by the site plan regulations through ~e Planning Board and Building Inspector. (c) lighting presently does not adversely affect neighborii~g areas and will continue to be shielded, except for necessary security and safety purposes. 6. n considering this application, the Boardalso finds and determines: (a) the use as a riding stable or academy for profit will not alter the essential character of this. agricultural area and is in harmony with and the general purposes ~d i~tent of zoning; (b) that these uses. will not be harmful a~sthetically or be substantially adverse tO public health, w~lfare, Safety, convenience, or order of the toWn; (c) that -he proposed use will not prevent the orderly and reasonabl, use of'adjacent properties or of properties in .se districtS; (d) the use is in harmony with and te the general purposes and intent of zoning; (e) tructures, equipment and material are presently and n readily accessible for fire and police protection. has also, among other considerations, considered s (A) through (P) of Article XXVI, Section 100-264 of ld Town Zoning Code. adjacent ~ will prom, that all will remaJ The Board subsectioz the South¢ Page 12 - Appl. No. 4212 Matter of FRANK ZIMMER (ZIM~RFARM) Decision Rend~redFeb~uar~ 2, t994 Accordingly, on motion byMember Wilton, seconded b~ Chairman Goehringer, it was RESOLVED, to GRANT a Special Exception, fo~ a proposed Riding Stable 'and Riding Academy SUBJECT TOT~E FOLLOWING CONDITION: Lighting at night shall be permitted for security and safety purposes ~nd such additional lighting ~ot adverse to neighboring Properties. ~ Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Wilton and Villa. This resolution was duly adopted. Southold Town B~ar~of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do);en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone,(516) 765-1809 -13- BOARD OF APPEALS TOWN OF SOUTHOLD Februa~ 2, 1994 RegularMeeting Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 4, 1994 TYPE II ACTION DECLARATION Appeal No. 4210 Project/Applicants: Steven Vesey & Cheryl Schlitt County Tax Map No. 1000- 37-3-S Location of Project: 2105 01d Orchard Rd.. East Marion. NY Relief Requested/Jurisdiction Before This Board in this Project: Garage in sideyard and deck in sideyard, as bui~lt This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance appl~mation under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this :determination shall have no affect upon any other agenc~y,s interest or SEQRA determination as an involved agency. For further information, please contact the Oifice of the Board of Appeals, Town Hall, Main Road, Southotd, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Southold Town Board of Appeals -14- February 2, 1994 Regular Meeting APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James DJ-i~.~o, Jr. Robert A. Villa Richard C; Wilton Telephone (516) 765-1809 BOAI{D OF APPEALS TO~VN OF SOUTHOLD Town Hall, 53095 1~-~ Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 20, 1994 S.E.Q.R.A. ~TYPE_ ti ACTiO~LARATiO~, Appeal No. 4213 Project/Applicants: County Tax Map No. Location of Project: Irwin and Agnes Frick 1000- I07-7-5 1935 West View Dr., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with a reduction in~ the minimum setback at the southerly side yard This Notice is issued implementing regulati6~s Pursuant to Part 617 of the pertaining to Article 8 of the N.Y.S. Environmental Quality RevieQ Act of the Enviroranental Conservation LaW and Local Law $44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 N~CtLR Part 616, and Section 8-0113 of the ~Environmental Conservation Law, this variance application falls under the Tlrpe II classification as ~stabtished by law. Further, this Department may not be an involved agency under SEQILA '{Section 617.13(a) as s~nended .February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3fj), and 617.2(jj)~-~ this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, . ~ (516) 765-1809. Town Hall, Main Road, Southotd, NY 11971 at Original posted on Town Clerk Bu ' Copies to applic=-~ .... .lletln Board Tow ~ ~ Ui nlS . . · , n Hall Copy placed in ZB~ ~--~--~ ~nt_and individual board "~u3~u~ ~lle ~or record purposes, me~Lbers. mc Page 15 - Minutes Southold Town Board of Appeals Regular Meeting of February 2, 1994 FINDINGS AND DETERMINATION Appeal No. 4210: Application for STEPHEk{ T. VESEY and CHERYL SCHLITT. Variance to the Zoning ordinance, Article IIIA, Section 100'30A.3 for the existing, loCation of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessory garage structure, which' has existed, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; COunty Tax'Map ParcelNo. 1000-37-3-6. Subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on February 2, 1994, at which time those whod~sired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Board made the following findings of fact: i. The premises in question:. (a) is a parcel of land shown on the Map. of Gardiners Bay Estates as Lot N0s'~ 13 and 13A (Combined as one) Wi~h a total lot area of 8,638 square feet, and two' street frontages of 40~0 feet; (b) is improved with a single-family, one-story frame dwelling str~cture with attachments as more property line, 34 feet (eXclusive of porch and Step area) from the front property line along Old Orchard Lane, and 110+- feet from the easterly front property' line along Sylvan Drive; Page lS - Appt. No. 4210 Matter of STEPHEN T. VESEY and CHERYL SCHLITT Decision Rendered February 2, 1994 (c) is also improved with a garage building, built as an accessory structUre in the rear yard with a setback at t+- feet from the southerly side propertY line. The deck area, now extends "as built" into the side yard, which places a portion of this accessory~building in the Side yard as well; (d) is improved with a new deck area which is the subject of this variance which extends "as built" into the side yard with a setback at 1t feet from the side property line. The new sideyards are 11 feet and 6 feet, rather than 13 feet and 6 feet, for a reduction of two feet. 2. By this application, appellants have requested approval for a reduction in the southerly yard Setback by two feet, .for an ll-foot seYhack for the new deck area (instead of the prinCipal setback of 13 feet). The total setbacks, as built with the new deck, are now 17 feet, rather than-the 19 feet previously existing. 3. The code requirement for a nonconforming parcel in this R-40 Zone District is regulated by ~100-244 of t~e Zoning Code as it pertains to less having less than 20,000 sq. ft. enacted in January 1989 for minimum Sideyards at 10 feet and 15 feet. 4. It is the position of the Board that the amount of relief requested is not substantial in relation to the. requirement, being a variance of two feet for the new deck. No other side yard would bereduced, and the garage has not been moved and Will remain in thepresent location. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's'difficulties for ~ tWo'-foot variancef0r the southerly side, and two-foOt variance for the total sideyards; the size of the deviation is de minimus; (b) a substantial change will not be produced in the characterof the neighborhood; (c) the difficulty cannot be obviated by some method feasible for the~applicant to pursue other than another variance; (d) in view of the manner in which the difficulty arose and 'the fact~that additional land area isnot available, the interest of justice will be served by allowing the three-foot Side yard reduction. Page 17 - Appl. No. 4210 Matter of STEPHEN T. VESEY and CHERYL SCHLITT Decision Rendered Februarf 2, 1994 (e) the applicant's difficulties are self-created since the deck. was not built exactly to plans issued under the Building Permit <921755 dated 11/3/93>; (f) the difficulties claimed are uniquely related to the layout and general character, Shape and size ofthis parcel and are not unreasonable; (g) in considering all of the above factors, the interests of justice will be served by granting the reduction in the sideyard, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to GRANT the requested reduction of two fleet from the southerly property line for the deck extension, "as built," with a setback at I1 feet, sUBJECT TO T~E FOLLOWi~{G CONDITIO~% 1) There be no adverse lighting - all lighting must be shielded to the ground to prevent annoyance or glare onto _~ghboring Properties. 2) lne~ it remain unroofed, as applied. Vote of the Board: Ayes: Mess=s. Goehri.nge=', Doyen, Dinizio, Wilton and Villal This resolution was duly adopted. Page 18 - Minutes Board of Appeals Regular Meeting Wednesday, February 2, 1994 DISCUSSION: CODE and Prior ZBA Interpretations Concerning BREEZEWAYS AND ACCESSORY BUILDINGS: The: Board the O0-13 should were ~ their land lots which ZBA It does area are area. Last should with 1 o~Iy Board) rathe~ the fol] Seeretary "TO: ng Located in the side' r yard) ~ for'a'b~eezew~y-type construCtiOn - which may legislative action (TOWn stnce it 'is %he Code~ the ZBA ~ reads: RUTH O. and LAURY DOWD DATE: February 3, I994 SUBJECT: Code Discussions - Breezeway, Deck and Similar Structural Attachment to Principal BUildings (Sideyard) <Continued on next page> Page 19 - Minutes Board of Appeals Regular Meeting Wednesday, February 2, 1994 DEFINITIONS ~100-13 PresentlM reads: Accessor~ Building or Structure - A building or structure detached from a principaI building toeated on the same lo% as and customarily incidental and subordinate to the principal building.~ Add the following as new: "ACCESSORY BUILDING: A s~bordinate buitd/ng located on same lot with the main building, occupied 'by o~ devotedt° an accessory use. 1" "BREEZEWAY: Open construction with a roof projecting from the outside-wall of a building no't to exceed dimensions Of 8' by 10' connecting the main building-and a garage." Other tYPes of attachments Which extend more than 10 feet, or exceed 80 Sq. ft. in area, shall not attach a main b~iIding to a 'separate build~hg untesm such attachment meeksth~ requirementsof liVable floOr'area- 2 (COntinued) '~ DECK: Construction attached to a buildJ~nq open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building Permits before ConstructiOn.,, "PATIO: A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and'open to the sky. A patiostructure below or at grade is not deemed to be. a deck or porch and Shall not require building permit.'" II. Requested "Draft" - SUPPLEHENTARY REGULATIONS ~100-230 Add new Paragraph "F" to read: "F. EXCEPTIONS for ACCESSORY BUIL~I~GSANDSTRUCTURES. Notwithstandinganyother~PrOvi~idn Of this ch~te~, accessory buildings and structures in all zoning districts must com~.ly with the location and minimum setback re~rements provided at Section I00=33~ with the following exceptions: Page 20 - Minutes Board of Appeals Regular Meeting Wednesday, February 2, 1994 (1) an accessory building may be otherwise located when attached by a breezeway 2 provided it is used only for accessory storage or garage purposes and meets all setback provisions reqUired for the main, principal building; (2) in the event of a change from an accessory storage or garage use to livable floor area, the breezewa-f and garage-storage area may only be converted by direct access between two rooms~and made an integral part of the existing livable floor area of the principal building for single-f~ly use° (3) Other types of additions which connect two buildings must meet the requirementsfor livable floor area. 3 (4) Deck and/or patio additions to a principal building which do not connect two structures or buildings are permitted if 'they meet principal-building setbacks." Members Dinizio and Villa at this point read the proposal draft by Linda, since they were not able to read it prior to starting the discussions, and agreed that it was acceptable as written. A motion WaS made by Chairman G~ehringer, seconded by Member Dinizio, and duly carried, to accept the draft memo prepared by Linda and to authorize the Board Secretary to forward same to the Code Review Con~nittee Chairperson, pursuant to the requestof Code Review Chairperson Ruth Oliva and Town Attorney Laur~Dowd. Vote of the Board: Ayes: All. There being no other business properly coming before the Board at this time, the Chairman declared the meeting ad3ourned. Respectfully submitted, ~nda Kow~lski, Clerk Board of Appeals t CEIVED AND FILm BY