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HomeMy WebLinkAboutZBA-06/07/1991APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ~ Serge Doyen, Jr. .lames Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING FRIDAY, JUNE 7, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on FRIDAY, JUNE 7, 1991 commencing at 7:00 p.m. and held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member Charles Grigonis, Jr., Member Robert A. Villa, Member Linda F. Kowalski, Board Secretary Absent was: James Dinizio Jr., Member. The Chairman opened the meeting at 7:00 p.m. and reviewed the following files, updated as follows: I. UPDATES/MISCELLANEOUS: A. McDONALD'S APPLICATION - Await original map submission from McDonald's representatives since its May 23, 1991 submission of fax copy for Sketch Plan Proposal 92 (not received as of 12:00 noon today). B. HARDY APPLICATION - Board to calendar for public hearings for next Regulra Meeting both on Variance application and Special Exception application based upon record filed. S/s Main Road, Mattituck. C. CHOLOWSKY APPLICATION - SEQRA is pending; documentation is awaited from applicant's attorney. D. HOMAYUNI & KAPOTES - E/s Clark Road and S/s Soundview Avenue, Southold. Await Health Department action before $outhold Town Board of Appeals-2- June 7, 1991 Regular Meeting returning to hearings calendar on recent application for two-family renovations. E. HANAUER & BAGLEY APPLICATION. Scoping Session is expected to be held under SEQRA soon by the Planning Board as lead agency. (Await finalization of SEQRA before calendaring for hearing and Planning Board proceeding with SEQRA coordination due to recent filing with ZBA by applicant, as required.) II. The following PUBLIC HEARINGS were held (and copies of verbatim transcripts of each hearing are prepared under separate cover and also filed with the Town Clerk's Office for reference purposes): 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. (The hearing was opened and postponed as requested by the applicant's attorney until the July hearings calendar.) 7:35 p.m. Appl. No. 4026 JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. (Mr. and Mrs. Boyle were present. There was no opposition during the hearing.) (See decision rendered later in the evening.) 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000- 96-1-18.1. Peter Stoutenburgh appeared on behalf of the applicant. Mr. and Mrs. Robert Taylor were also present. No opposition was received during the hearing. (See decision rendered later in the evening.) 7:46 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, Southold Town Board of Appeals _ 3 _ June 7, 1991 Regular Meeting 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. Mr. Staples was present. No opposition was received during the hearing. 7:55 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. Dr. Stritzler had previously sent a letter indicating he would be unable to attend. Board Members said they had questions and would like someone to be present to represent the applicant. The hearing was postponed until the July hearings calendar. 7:57 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and portion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. Michael Michel appeared in behalf of the applicants. No opposition was received during the hearing. (See decision rendered later in the evening.) 8:05 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by the Board of Appeals under Article VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). Mr. Fischetti appeared in behalf of the applicants. No opposition was received during the hearing. 8:12 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Continued hearing in the request for Special Exception approval under Article VIII, Section 100-8lB(i), and Article III, Section 100-31B(6) for an unmanned tele- communications building (existing concrete block building) and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, Southold Town Board of Appeals _ 4 _ June 7, 1991 Regular Meeting 1990, Map No. 8937; Parcel ID #1000-108-4-11.1 (part of 11). Attorney Allen Smith spoke in behalf of the applicants. William D. Moore, Esq. was also present as attorney for the applicants. (No opposition was received during this final phase of the hearing process.) The hearing was concluded as to verbal testimony, however, it was agreed that the hearing record will remain open for questions and answers between the Board and the applicant. 8:25 p.m. Appl. No. 4031 - ESTATE OF CHARLES MORGAN. Variance to approve location of accessory garage structure in the front yard area, as exixsts, with a setback at less than that conditioned by prior ZBA Appl. No. 576 rendered June 20, 1963. Location of Property: 930 Jackson Street, New Suffolk, NY; County Tax Map Parcel #1000-117-10-6. Joseph Fenlon, Esq. appeared as attorney for the Estate. Also present was Raymond Radigan. No opposition was received during the hearing. See decision rendered later in the evening. (END OF HEARINGS) HEARINGS CALENDAR FOR FRIDAY, JULY 12, 1991: On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to calendar and authorize advertising of the following matters for public hearings to be held on JULY 12, 1991 commencing at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York: Appl. No. 4034 - ANTHONY MERCORELLA - Variance from height requirement to allow modification of building plans for second level storage, etc. in accessory garage. (Prior ZBA conditions) Appl. No. 4033 - RANDI LACALAMITA. Requests approval of construction of carport in front yard area at W/s Henry's Lane, Peconic. Appl. No. 4032 - PETER BLANK by John Wagner, Esq. Requests setback variances and interpretation or variance as to 280-A. (See data on history of Peter's Neck Road, Orient over which this parcel is accessible.) Appl. No. 3958 - JOSEPH HARDY - Variance for secondary dwelling in separate building labeled "cottage." Subject to receiving square footage of each and every dwelling unit by advertising deadline. Subject premises is nonconforming as to lot area and width, Southold Town Board of Appeals -5- June 7, 1991 Regular Meeting with conforming and nonconforming uses. Appl. No. 3959 - SE - JOSEPH HARDY. Special Exception request for accessory apartment over existing residence in this Hamlet Business District. Subject premises is nonconforming as to lot area and width, with conforming and nonconforming uses. Appl. No. - RICHARD ZEISLER by Robert Bailey, Architect. Garage in front yard. Jackson's Landing Road, Mattituck. Appl. No. - ELLEN BRAUNSTEIN by Norman Reilly, Jr. Corner lot at Peconic Bay Boulevard and Wendy Drive, Laurel. H. Appl. No. 4028 - RICHARD OLIVERI. (Recessed from June 7, 1991 calendar as requested by attorney.) I. Appl. No. 4024 - RONALD STRITZLER, M.D. (Recessed from June 7, 1991 calendar as requested by ZBA.) J, K. L. (The next three appeals, of a minor nature but in complete form, which may be filed by the advertising deadline, at the discretion of the Chairman and/or Secretary.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Villa. (Member Dinizio was absent.) This resolution was duly adopted. APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to APPROVE the Minutes of the May 23, 1991 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Villa. (Member Dinizio was absent.) This resolution was duly adopted. Southold Town Board of Appeals -6- June 7, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3998: Upon application of HENRY AND MARY RAYNOR (Current Owner: Estate of Albert Mastropaolo). Variances requested: (1) for approval of access as required by New York Town Law, Section 280A over a private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map 1000-126-04-1,2,5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southerly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. WHEREAS, public hearings were held on January 11, 1991, March 22, 1991 and April 30, 1991, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "R-40 Low Density Residential" Zone District and is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 4, Lot Nos. 1, 2, 5. 2. The subject premises as exists is vacant, contains a lot area, inclusive of upland and wetland areas, totaling 57,224 square feet, and is situated along a private right-of-way extending off the north side of Peconic Bay Boulevard as shown on the maps prepared by Peconic Surveyors, furnished on April 19, 1991. Southold Town Board of Appeals -7- June 7, 1991 Regular Meeting 3. By this application, appellants request Variances from the Zoning Code for approval: (a) proposed northerly parcel {ZBA Ref. Parcel A} of 30,162 sq. ft. and lot depth of 179.42 feet, and (b) proposed southeasterly parcel {ZBA Ref. Parcel B} of 27,062 sq. ft. and lot depth of 228.30 feet. Also requested is approval of access pursuant to New York Town Law, Section 280-A over the private right-of-way extending from the north side of Peconic Bay Boulevard to both lots. 4. Column ii of the Bulk Schedule for the R-40 Zone District provides for a minimum lot area requirement of 40,000 sq. ft. for each parcel and 250 lot depth for each parcel. 5. Board Members have viewed and are familiar with lots nearby along the westerly and southerly boundaries of the subject land. The subject land is bordered on the north and the east by Horton's Creek. 6. Article XXII, Section 100-239 of the Zoning Code provides that "...for the purpose of computing density...no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area .... " The applicants have furnished the square footage of land area which is wetlands as flagged (by the DEC and/or Town Trustees); however, the actual high water mark has not been provided to show which portions of this land are under water or which areas have been filled. 7. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; although it is known that the premises consists of several lots on a 1929 Map of "A.L. Downs" filed in the Suffolk County Clerk's Office, no proof has been submitted to show good-faith intentions by the landowner to separate these lots during the past 35 years of zoning in the Town of Southold; (b that the relief requested is substantial in relation to the requirements, being a variance of 25 percent, and more of the requirements; (c) that the lots as laid out on the 1929 Map of A.L. Downs not only have not been exempted under the Town's zoning requirements but also is understood to lack necessary approvals from the County Health Department under Article 6; Southold Town Board of Appeals -8- June 7, 1991 Regular Meeting (d) the subject premises as exists of 57,224 sq. ft. is not over-sized when compared to the minimum requirement in this R-40 Zone District (of 40,000 sq. ft.); (e) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (f) the land is sloping and is environmentally sensitive with more than 450 ft. frontage along the water's edge of Horton Creek, which adversely creates more run-off other pollutants into the creek; (g) there will be a change in the character of the immediate area in this zoning district and a grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (h) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (i) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the applica- tion as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, that the relief as to lot area and depth, requested under Appeal No. 3998 the Matter of the Application of HENRY AND MARY RAYNOR, BE AND HEREBY IS DENIED for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Villa and Grigonis. Nay: Chairman Goehringer (due to the preexisting nature of the subdivision mad and character of the area, which consists of lots of the same or smaller size as that proposed). (Absent was: Member Dinizio.) This resolution was duly adopted by 3-1. Southold Town Board of Appeals -9- June 7, 1991 Regular Meeting Re: Appl. No. 3998 - Estate of Albert Mastropaoloa (Raynor) Chairman Goehringer recommended the following specifications concerning the 280-A Access Request to the subject premises: That the entire right-of-way, from the northerly side of Peconic Bay Boulevard, and along the first 25 feet of each of the subject lot(s), be: ~ 1) Improved to a minimum width of 10 feet as follows: Minimum depth of 2" to 4" of packed three-quarter-inch stone blend (with loam mixture), to be applied to the ground surface and shaped, or excavated to permit the application of same to the minimum depth (after reasonable packing). 2) Entire access road maintain a full clearance of all brush, plantings or other obstruction to 16 feet in width within the right-of-way. 3) Entire access road be maintained at all times in good condition. 4) This approval is limited to the subject lot(s) of the applicant herein and shall not include approval under 280-A for any other lots or dwellings, the landowners of which will be required to apply by separate application and subject to the standards at the time of filing and decision thereon. The Board may determine acceptance of the above specifications at a later date, if requested by the Executor/Executrix of the Estate, or future landowner of this lot. -Southold Town Board of Appeals-10- June 7, 1991 Regular Meeting ACTION OF THE BOARD Appl. No. 4029. Upon application of CHARLES AND ANGELA KYRIAKOUDES. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and portion of decking and other construction within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000- 70-13-20.9. WHEREAS, a public hearing was held on June 7, 1991, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for that area of construction located less than 75 feet from the existing bulkhead, which includes a portion of the inground pool construction, portion of the decking and fence areas, and whirlpool spa structure, all as shown on Project Plan #9013 revised April 29, 1991, prepared by Michel & Associates. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.9 and contains a total lot area of 41,596 sq. ft. Southold Town Board of Appeals -11- June 7, 1991 Regular Meeting 3. The dwelling under construction (by Building Permit #19005) is shown to be in conformity with all setback provisions of the zoning code, exclusive of the accessory pool and whirlpool structures, which are shown to be 65 feet from the bulkhead at its closest points. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. An interpretation has been requested as part of the review of this project concerning the actual measurement for the purposes of determining sufficient setback from the structure closest to the highwater mark, such as exists with both a rip-rap and bulkhead at close but different boundaries. It is the interpretation of this Board that distances shall continue to be measured (as was done in the past under the previous zoning code regulations where applicable), from the bulkhead structure when there is more than one structure landward of the high or low water marks. In this case, the rip-rap structure is at and below the high water mark, and the bulkhead is above the high water mark (landward of the rip-rap). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to the code requirements and the percentage of actual building construction is minimal; (b) the relief requested is the minimum necessary to afford relief; (c) the applicant has furnished proof of conditional approvals from the N.Y.S. Department of Environmental Conservation, the Southold Town Trustees and the Town Building Department. (d) the relief as requested will not alter the essential character of the neighborhood; (e) the practical difficulties imposed are uniquely related to the property and are not personal; (f) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; Southold Town Board of Appeals -12- June 7, 1991 Regular Meeting (g) in view of all the above, the interests of will be served by granting the relief as requested and conditionally noted below. justice Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance in the Matter of the Application of CHARLES AND ANGELA KRYIAKOUDES under Appl. No. 4029 for permission to construct open deck, inground pool and whirlpool structure as applied and more particularly shown on the plans prepared by Michel & Associates, as revised April 29, 1991 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That during construction, straw (hay) bales be placed along the periphery of the entire construction, three feet from structure, to prevent drainage or run-off into the bay areas; 2. That all conditions under the N.Y.S. Department of Environmental Conservation be complied with; 3. That there be no other construction or other land alterations within 65 feet of the bulkhead, with the exception of live plantings or possible future retainers authorized by the Town Trustees. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis. Doyen and Villa. (Member Dinizio was absent. This resolution was duly adopted. Southold Town Board of Appeals -13-June 7, 1991 Regular Meeting Appl. No. 4012. ACTION OF THE BOARD OF APPEALS Upon Application of WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two parcels in this proposed division of land located along the west side of Luthers (Breakwater Road, Mattituck; County Tax Map No. 1000-99-2-18. WHEREAS, a public hearing was held on April 30, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application concerning a 2.468-acre parcel situated in the R-80 Residence District, located along the westerly side of Luther's Road in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 99, Block 2, Lot 18. 2. The subject premises is presently improved with a single-family dwelling situated approximately 102 feet from the front property line along Luther's Road, approximately 23 feet from the proposed division line to the south, and 79+_ feet from the northerly (side) property line. 3. By this variance application, appellants are requesting (a) for proposed Lot #1, with the dwelling structure, an area of 53,758 sq. ft., lot depth of 342.83 feet and lot width of 156+- feet; and Page 14_ Appl. No. 4012 Matter of WILLIAM F. AND VIOLA L. DeLUCA Decision Rendered June 7, 1991 (b) for proposed Lot #2, an area of 53,768 sq. ft., lot depth of 337.17 feet and lot width of 142+- feet, all as shown on the set-off map prepared by Roderick VanTuyl, P.C. surveyed July 16, 1987. 4. Column iii of the Bulk Schedule, and Article III, Section 100-32C of the zoning code regulations (as amended January 9, 1989) requires a minimum lot area of 80,000 square feet per lot and minimum width of 175 feet. 5. The percentages of relief sought by this application are as follows: (a) proposed northerly lot, 32% {26,242 sq. ft.)in area and 10.5% (19 feet)in lot width ; (b) proposed southerly lot, 32% {26,142 sq. ft.)in area and 33' lot width ; 6. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots existing in the vicinity on this same block; (b) the practical difficulties claimed are sufficient 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) to the west is the Major Subdivision of Captain Kidd's Estates which consists of lots substantially smaller than the subject proposal and which may not be further divided; (2) the property to the north is a large tract of land owned and operated as the ."Mattituck Park District," which land is not suitable for residential development or subdivision since: a) it has been a public entity providing beach and park facilities to Mattituck residents, and b) the topography of the land is sloping with bluff areas subjected to erosion problems, and sensitive beach and other environmentally sensitive areas; Page 15_ Appl. No. 4012 Matter of WILLIAM & VIOLA DeLUCA Decision Rendered June 7, 1991 (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that the property to the south consists of an area of approximately 61,000 sq. ft. which is not suitable for further subdivision or other increased dwelling density under the bulk schedule restrictions; (f) that the properties to the east are located in different zone districts, i.e. R-40 and M-II, and the grant of this variance for the appellants is not and will not set a precedent for other zone districts (across the street or within other blocks) which may be near this block; (g) that water is available to homes in this residential area for hook-up through the Suffolk County Water Authority; (h) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph ~3, supra), as applied in the Matter of the Application of WILLIAM AND VIOLA DeLUCA under Appl. No. 4012. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Villa. (Member Dinizio was absent.) This resolution was duly adopted. Southold Town Board of Appeals -16- June 7, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4026: Matter of JAMES AND PATRICIA BOYLE. Variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory structure, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. WHEREAS, a public hearing was held on June 7, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with frontages along the northerly side of Main Bayview Road and the easterly side of a private road (referred to as Shellfisher Road) in the Hamlet and Town of Southold. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 79, Block 05, Lot 20.5, consists of an area of 41,300 square feet, and is improved with a 1-1/2 story frame dwelling and accessory swimming pool and carport structures as shown on the September 8, 1986 survey prepared by Peconic Surveyors, P.C. Southold Town Board of Appeals-17- June 7, 1991 Regular Meeting 3. The carport/garage structure as exists is shown on the 1986 survey to be situated approximately 31 feet from the front property line along North Bayview Road amd 62 feet from the easterly property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard; (b) Article XXIV, Section 100-242A provides that enlargement of a nonconforming building with a conforming use may not be increased as to th~ degree of nonconformance. 5. The garage structure is proposed to be converted from a carport to a 24' x 24' accessory garage building with gable roof at a total height of 17 feet from average grade and will be used for storage purposes incidential and accessory only to the residential use of the principal building. The expansion, which increases the nonconformity in the front yard area, is approximately four feet around the periphery of the entire existing garage/carport structure. The setback from the front property line along North Bayview Road will be reduced from the existing 31+- feet to not less than 25 feet. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and buildings and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for permission to convert existing carport/garage structure located partly in the side yard and front yard areas to an enclosed garage by the four-foot expansion of building footprint, leaving a reduced front yard Southold Town Board of Appeals -18- June 7, 1991 Regular Meeting setback from the north side of North Bayview Road at not less than 25 feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage structure be used strictly for storage and garage purposes, strictly accessory and necessarily incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters; 2. That the garage structure not exceed 24 feet x 27.2 (28) feet in size, as applied; 3. That no interior plumbing facilities shall be installed; 4. That electric facilities may be installed; 5. That the garage structure not exceed i7 feet in height with a gable roof construction, as applied and filed for consideration under this appeal. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Villa. (Member Dinizio was absent.) This resolution was duly adopted. $outhold Town Board of Appeals -19-June 7, 1991 Regular Meeting HEARINGS CALENDAR FOR JULY 12, 1991: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to authorize and direct advertisement of the following matters for public hearings to be held during a Regulr Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JULY 12, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028 RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2+ acres. 7:45 p.m. Appl. No. 4036 - ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District. Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. 7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. ApDeal: (a) under Article II, Section 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). Southold Town Board of Appeals -20-June 7, 1991 Regular Meeting 8:00 p.m. Appl. No. 4034 ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plumbing facilities for a half bath), in an area other than the required rear yard. Location of Property: 2260 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard on this 4.9+- acre parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8:15 p.m. Appl. No. 4038 - JOHN AND RICHARD ZEISLER. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structure in an area other than the required rear yard at 700 Jackson's Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot #7, filed in the Suffolk County Clerk's Office as Map #5280; also identified as County Tax Map #1000-113-4-9. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Villa. (Member Dinizio was absent.) This resolution was duly adopted. .Southold Town Board of Appeals-21- June 7, 1991 Regular Meeting ACTION OF THE BOARD Application of the ESTATE OF JENNIS HARRIS. Variance to the Zoning Ordinance, Article XXIV, Sections 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 01, Lot 018.1. WHEREAS, a public hearing was held on June 7, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is proposing an addition along the westerly side of an existing dwelling structure which will reduce the setback from the westerly side property line by approximately 22 feet, leaving a setback at not less than 20 feet. The setback from the southerly front property line will be maintained at or more distant than the established nonconforming front yard setback of 22 feet, as more particularly shown on the sketch submitted with the subject application. 2. The premises in question is referred to as Lot #1 of this Minor Subdivision map, which has received area variances for its nonconforming size in this zone district by the Board of Appeals under prior Appeal No. 3840 rendered June 29, 1989. 3. The subject parcel is unique in size, character and location, and has a total lot area of 24,502 sq. ft. with frontage of 100.00 along the County Highway. To the north and west are premises owned by the Town of Southold (landfill) and to the east is an existing single dwelling also located in this industrially zoned area. .Southold Town Board of Appeals -22- June 7, 1991 Regular Meeting 4. Article XXIV, Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. 5. Article XXIV, Section 100-141 does not list dwelling use as a permitted use in this zone, and therefore the dwelling, under the new Master Plan amendments adopted January 10, 1989, is a legal nonconforming use. Section 100-142, Bulk Schedule of the Zoning Code requires more stringent setbacks in this zone for a principal building, and the setbacks for the existing principal dwelling are nonconforming as to front yard and side yards. 6. It is the position of this Board that in considering this application that: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is not substantial in relation to the existing structure and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for the construction of a 22' x 23' deep addition to the existing dwelling with a setback at not less than 20 feet from the westerly side property line, as applied under Appl. No. 4025, provided the addition be an incidental use to the principal residence. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Villa. (Member Dinizio was absent.) This resolution was duly adopted. Southold Town Board of Appeals-23- June 7, 1991 Regular Meeting ACTION OF THE BOAI{D OF APPEALS Appl. No. 4031: Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for approval of the location of an existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID 91000-117-10-6. WHEREAS, a public hearing was held on June 6, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6. 2. The subject premises consists of an area of 2.137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Goldman as surveyed April 26, 1991, to be approximately 130 feet from the front property line. Southold Town Board of Appeals -24- June 7, 1991 Regular Meeting 3. The garage structure is of a size 19 ft. by 39 ft., is one-story in height, and is shown to be situated nine feet from the easterly side property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard; (b) Under Appeal #576 rendered June 20, 1963, the subject accessory garage structure was permitted to be located with a 150-foot setback, (although the relief requested at that time was 200 feet) from the front property line along Jackson Street. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood, since the garage has extensive screening which has been established for over 27 years; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to AMEND the prior decision of this Board under Appeal No. 576 (dated June 20, 1963), for the location of the accessory garage structure, as exists approximately 130 feet from the front property line along Jackson Street, and that the use of the garage structure shall continue to be accessory and incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Villa. (Member Dinizio was absent.) This resolution was duly adopted. Southold Town Board of Appeals -25- June 7, 1991 Regular Meeting At this point in time, the Chairman declared the meeting adjourned. The meeting adjourned at 9:40 p.m. Respectfully submitted, Linda F. Kowalski, Secretary  outhold Town Board of Appeals ~pproved - Gerard P. ~oehri~er~/~ Chairman RECEIVED AND FIL~,~ BY DATE I~~t~' t'iOUR ~ ;19 ~r~/] Town Clerk. 'c'w~ o! ~cu,ac ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF CANCELLATION PLEASE TAKE NOTICE, that the Special Meeting of the Board of Appeals calendared for FRIDAY, JUNE 21, 1991 has been canceled and will be re-calendared in the near future. Should you have any questions, please contact our office. Thank you. Dated: June 13, 1991. BY ORDER OF THE SOUTHOLD. TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN