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HomeMy WebLinkAboutZBA-07/12/1991APPEALS 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 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, JULY 12, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on FRIDAY, JULY 12, 1991 commencing at 7:00 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Chairman Gerard P. Goehringer Member Serge Doyen, Jr. Member James Dinizio, Jr. Member Robert A. Villa Absent was: Member Charles Grigonis (leg surgery) 7:00 p.m. BOARD WORK SESSION - File reviews and discussions. The Board Members took no action during this session. 7:30 p.m. REGULAR MEETING - The Chairman opened the Regular Meeting in the Meeting Hall and proceeded with the first item on the agenda, as follows: I. SEQRA DECLARATIONS: The following action was taken: On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to declare the following Type II Actions, being setback or lot line (area) variances, not subject to SEQRA: (A) Appl. No. 4033 - RANDI LACALAMITA (B) Appl. No. 4036 - ELLEN BRAUNSTEIN (C) Appl. No. 4032 - PETER BLANK (D) Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA (E) Appl. No. 4035 - EUGENE CROASDALE (F) Appl. No. 4038 - JOAN AND RICHARD ZEISLER. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent.) This resolution was duly adopted. -Southold Town Board of Appeals -2- july 12, 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 ~F SOUTHOLD July S.E.Q.R.A. TYPE II ACTION DECLARATION 1991 Regular Meeting 12, 1991 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 Appeal No. 4033 Project/Applicants: Randi Lacalamita County Tax Map No. 1000- 74-]-10 Location of Project: 1395 Henry's Lane, Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of Carport in the front yard area with reduced setbacks from the front and side property lines. 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc -SDuthold Town Board of Appeals -3- July 12, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .lames Dinizio, Jr. Telephone (516) - BOARD ,OF APPEALS TOWN 6F sOUTHOLD July S.E.Q.R.A. TYPE II ACTION DECLARATION 1991 Regular Meeting 12, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 7654800 Appeal No. 4036 Project/Applicants: Ellen Braunstein County Tax Map No. 1000-]28-5-7 Location of Project: Wendy Dr. & Pec0nic Bay Blvd., Laurel, NY Relief Reguested/Jurisdiction Before This Board in this Project: Construct addition to d~elling with a reduced rear yard setback on this corner lot 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals -4- July 12, 1991 Regular Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~ Jr. Robert A. Villa Telephone (516) 765-1809 SCOI'I' L. HARRIS Supervisor BOARD ,OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. July Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 12, 1991 TYPE II ACTION DECLARATION Appeal No. 4032-a Project/Applicants: County Tax Map No. Location of Project: Peter Blank 1000-32-1-4.1 Peter's Neck Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances and 280-A interpretation 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 be project be implemented as planned. It is determined that this Board's area of ~urisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of 1991 Regular Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~Jr. Robert g. Villa Telephone (516) 765-1809 Appeals ~5~'~(lty 12, BOARD ,OF APPEALS TOWN 0F SOUTHOLD July 12, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town H~l, 53095MMn Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4032-b Project/Applicants: County Tax Map No. Location of Project: Mary Louise Blank 1000- 32-l-2.1 Peter's Neck Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances and 280-A interpretation 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 944-4 of the Town of Southoldo An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617o2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals 1991 Regular Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARDiOF APPEALS TOWN OFSOUTHOLD July 12, 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 1991 TYPE II ACTION DECLARATION Appeal No. 4034 Project/Applicants: Anthony and Maria County Tax Map No. 1000- ]45-4-4 Location of Project: 2260 Pec0nic Bay Mercorella Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this P~pje~^ Permission to amend previous decision rendered July Il, l~O on Appl. #3944 to locate two-car garage with partial enlargement for a second floor with windows and other structural modifications in area other than required rear yard. 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at mc Southold Town Board ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appeals -7- July 12, BOARD OF APPEALS TOWN ~ SOU~OLD 199x Regular meeting SCOT~ L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF INCOMPLETE APPLICATION UNDER S.E.Q.R.A. TO: Ms. Elizabeth Thompson, R.A. July 12, 1991 Name of Project: Property ID: Wilhelm Franken CTM #1000-45-4-5.1 North Side of Main Road, Greenport Zone District: B Business Pursuant to Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has determined the application, under SEQRA, to be incomplete in the following areas: a. Lack of an up-to-date survey showing the entire tract (4.1 and 5.1 combined) b. Lack of an up-to-date site plan map, certified to scale, showing all proposed structures, parking, ingress and egress, and other site plan elements. Further, please note that: {X} This project is subject to SEQRA; {X} The Town Agencies involved are (1) Planning Board under its site plan reviews, and (2) Board of Appeals for consideration of the use (and area) variances in this B Business Zone District; (3) County Health Department. {X} Lead Agency Determination is pending at this time (to be coordinated upon receipt of full application). Southold Town Board of Appeals =Sd i~uly 12, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Char[es Grigonis, Jr. Serge Doyen, Jr. 1 me D'niz' Telephone (516) 765-1809 BOARD ,OF APPEALS TOWN OF SOUTHOLD 1991 Regular Meeting July 12, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION 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 Appeal No. 4035 Project/Applicants: County Tax Map No. Location of Project: Eugene Croasdale 1000- 71-1-6 595 North Parish Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Permit addition to dwelling with insufficient front and side yard setbacks. 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617o2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals -9- July 12, APPEALS BOARD MEMBERS ~ i Gerard P. Goehringer, Chairman ~' . ~ Charles Grigonis, Jr. ~ . . ~ James Dinizio, Jr. Robert A. ~j~l~o9 Telephone (516) - BOARD, OF APPEALS TOWN OF SOUTHOLD 1991 Regular Meeting S.E.Q.R.A. July TYPE II ACTION DECLARATION 12, 1991 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4038 Project/Applicants: Joan & Richard Ze~sler county Tax Map No. 1000-]]3-4-9 Location of Project: 700 Jacks0nls Land~n9, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to locate accessory two-garage structure in an area other than the required rear yard 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 944-4 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determSnes this application to fall under the established list of Type II Actions. Pursuan% to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals -10- July 12, 1991 Regular Meeting II. PUBLIC HEARINGS were held in the following order: (A) 7:35 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. The verbatim transcript of this hearing has been prepared under separate cover (see end of minutes for reference copy). The board members are awaiting from the property owner the setback distances to the north property line and east property line before rendering a decision. Following testimony, motion was made by Chairman Goehringer, seconded by Mr. Doyen, and duly carried, to close (conclude) the hearing record at this time, pending deliberations at a later date. (B) 7:40 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. Stephen Ham, Esq., attorney for the applicant, has requested a postponement in order to try and obtain approvals for an alternative from other agencies before proceeding further. Motion was made by Chairman Goehringer, seconded by Mr. Doyen, and duly carried, to recess the hearing (without a date). This resolution was duly adopted. APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Doyen, to approve the those minutes which may not have been prepared for filing for 1990, 1989, 1988, 1987 in the future with the Town Clerk. (Minutes for 1989 and 1990 were prepared by Linda Kowalski for the previous secretary, although all past decisions rendered were filed as required by state law with the Town Clerk.) (Decisions are filed to start the 30-da¥ appeal period, and minutes are not additionally required to be filed, except with the ZBA Clerk.) These minutes are as follows: September 21, 1989, September 27, 1989 October 4, 1989, October 12, 1989 November 2, 1989, November 8, 1989 December 7, 1989, December 19, 1989 January 9, 1990 (January 22, 1990 were on file) February 1, 1990 , February 15, 1990 March 1, 1991, March 15, 1990, March 29, 1990 April 19, 1990 May 1, 1990, May 15, 1990, May 30, 1990 (continued on next page) Southold Town Board of Appeals -ii- July 12, 1991 Regular Meeting June 19, 1990, June 27, 1990 July 11, 1990, July 25, 1990 August 8, 1990 September 6, 1990, September 26; 1990 October 17, 1990 November 1, 1990, November 15, 1990, November 29, 1990 December 13, 1990 January 14, 1988 February 2, 1988, February 18, 1988 April 14, 1988 May 12, 1988 January 11, 1991 June 2, 1988 February 1, 1991 June 9, 1988 February 22, 1991 July 14, 1988 March 8, 1991 December 16, 1988 March 22, 1991 August 20, 1987 April 5, 1991 September 10, 1987 April 10, 1991 October 8, 1987 April 30, 1991 November 10, 1987 May 23, 1991 February 9, 1989 June 7, 1991 June 29, 1989. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Member Villa voted aye for February 22, 1991 through June 7, 1991. Mr. Villa was appointed to the Board during February 22, 1991.) (Member Grigonis was absent.) This resolution was duly adopted. 7:45 p.m. PUBLIC HEARINGS, continued: (C) 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. Norman Reilly, Jr. as agent appeared in behalf of the applicant. Following hearing testimony, the board adopted the following findings and determination: (continued on next page) SQuthold Town Board of Appeals-iI~ July 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4036: Application for ELLEN BRAUNSTEIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with 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 Parcel No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. WHEREAS, a public hearing was held on July 12, 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. This is an appeal of the June 6, 1991 Notice of Disapproval from the Building Inspector for a proposed 15' x 15' addition to existing dwelling with a reduced rear yard setback to 28 feet (shown on the sketch submitted with this application). 2. The premises in question is a corner lot with frontage of approximately 98 feet along Wendy Drive and approximately 120 feet along Peconic Bay Boulevard, Laurel. 3. The subject premises consists of a total nonconforming lot area of 14,375+- sq. ft. and is shown on the Minor Subdivision Map of Rollingwoods Estates as Lot A. SDuthold Town Board of Appeals -13- July 12, 1991 Regular Meeting 4. The subject premises is located in the R-40 Zone District, and the rear yard setback for this nonconforming parcel has been relieved to 35 ~eet under Section 100-244 from the usual 50 ft. rear yard requirement under the bulk schedule. The dwelling structure is situated near the center portion of the lot with setbacks of 20 feet from the westerly (side) property line, 34.2 feet from the northerly (rear) property line, 40 feet from the southerly front property line, and 41.7 feet from the easterly front property line. 5. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) will not in turn be adverse to the health, welfare, comfort, convenience or order of be adverse to neighboring properties; safety, the town, or (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance; (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for the requested 15 ft. x 15 ft. addition provided the setback be not less than 25 feet from the northerly (rear) property line. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent due to illness.) This resolution was duly adopted. Southold Town Board of Appeals -i1~4- July 12, 1991 Regular Meeting (Agenda Item IIIB) Appl. No. 4018 - WILHELM FRANKEN. The documents submitted by Elizabeth Thompson, R.A. as agent June 20, 1991 were reviewd, and the following action was taken: On motion by Mr. Goeh- ringer, seconded by Mr. Doyen, it was RESOLVED, to deem the Franken files incomplete pending receipt of: (1) amended maps showing the entire 1.5+- acre lot (Parcel Nos. 4.1 and 5.1 combined into one); should Mr. Franken decide not to pursue this project by submitting this up-to-date survey, a request made be made by the applicant requesting a refund of the filing fees and to withdraw the application at this time in order to allow time to make other applications to the Planning Board, Zoning Board, and any and all other agencies having jurisdiction to consider a re-separation of parcels identified on the current County Tax Maps as 4.1 and 5.1; (2) a copy of a filed application and preliminary (or final) approval, or Health Department variance determination, from the Suffolk County Department of Health Services for this multiple dwelling use proposal. The $200.00 filing fee check has been applied to the second part of the above application, for a total fee paid of $500.00 for consideration of the use, area and expanded nonconformities in this variance application. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent.) This resolution was duly adopted. (Agenda Item IIID) Appl. No. 3994 EAST END DEVELOPMENT CORP. at New Suffolk. In response to the our June 21, 1991 letter requesting an update of this project (resulting from numerous inquiries from residents in the area), William D. Moore, attorney for the applicant, has requested a 30-day extension of time to decide client's position to proceed or not to proceed at this stage. The file has not been actively pursued and has been incomplete since its filing on 12/5/90. Motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to grant the requested 30-day extension (July 12, 1991 to August 12, 1991). This resolution was duly adopted. Southold Town Board of appeals -~.~ July 12, 1991 Regular Meeting PUBLIC HEARINGS, continued: 7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (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 £outhold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). Stephen R. Angel appeared as attorney for the applicants. (No objections were made during the public hearing from the public, although Board Members did ask questions. See transcript of verbatim statements prepared under separate cover.) Following testimony, the hearing was concluded, with the exception of comments from the Planning Board according to Valerie Scopaz, Sr. Planner, will be submitted on Monday, July 15, 1991. (NOTE: No written communication was, however, received as expected on that date, and the ZBA Secretary confirmed that she spoke with Valerie on Tuesday, July 16, 1991, and was told by Ms. Scopaz that the comments that were to be sent over to the ZBA would not now be sent or authorized by the PB Chairman - reasons unknown.) 8:15 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. Mr. Mercorella appeared and spoke in behalf of his application. (No objections were received during the hearing.) Following receipt of testimony during the hearing, motion was made by Mr. Goeh- ringer, seconded by Mr. Dinizio, and duly carried, to conclude (close) the hearing record at this time, pending deliberations at a later date. This resolution was duly adopted. Bouthold Town Board of Appeals 11§?- July 12, i991 Regular meeting (PUBLIC HEARINGS, continued:) 8:20 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. Garrett A. Strang, R.Ao appeared as agent. (No objections were received during the hearing.) Following receipt of testimony during the hearing, motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to conclude (close) the hearing record at this time, pending deliberations at a later date. This resolution was duly adopted. 8:30 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. Dr. and Mrs. Stritzler appeared, with Dr. Stritzler answering questions. Following receipt of testimony during the hearing, motion was made by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, to conclude (close) the hearing record at this time, pending deliberations at a later date. This resolution was duly adopted. 8:35 p.m. Appl. No. 4036 - 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. Mr. Zeisler spoke in behalf of his application. Robert Bailey, A.I.A. was also present with Mrs. Zeisler. Following receipt of testimony during the hearing, motion was made by Mr. Goehringer, seconded by Mr. Villa, and duly carried, to conclude (close) the hearing record at this time, pending deliberations at a later date. This resolution was duly adopted. (End of Public Hearings) DELIBERATIONS/DECISIONS: (Continued on the following pages) Southold Town Board of Appeals-l?- July 12, 1991 Regular Meeting ACTION OF THE BOARD Application of the MR. AND MRS. EUGENE CROASDALE. Variance to the Zoning Ordinance, Article IIIA, Sections 100-30A, 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 District 1000, Section 71, Block 01, Lot 6, containing 28,250 sq. ft.~in total area. WHEREAS, a public hearing was held on July 12, 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, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is proposing a 16' by 22' addition along the westerly front of the existing dwelling with a reduced setback from the westerly side property line at four feet and reduced frontyard setback at 13 feet, all as more particularly shown on plan prepared by Garrett A. Strang, R.A. dated June 19, 1991. 2. The premises in question is nonconforming as to lot area and width containing a total area of 28,250 sq. ft. and 100.0 ft. frontage along the north side of North Parish Drive. This parcel received approvals by resolution of the Southold Town Planning Board in September 1980 (grandfather list) and by the Board of Appeals on December 1, 1977 under Appl% No. 2365. 3. The. premises is located in the R-40 Zone District and is improved with a single-family dwelling (BP ~15558). .Page 18 - Appl. No. 4035 Matter of MR. AND MRS. EUGENE CROASDALE Decision Rendered July 12, 1991 4. In considering this application, the Board also finds that the relief as requested is substantial in relation to the requirements and is not the mimimum necessary to afford relief. Therefore, alternative relief for a setback at not less than seven (7') feet for an additio~tapproximately 13' x 22' (instead of the requested four (4') foot setback for a proposed 16' x 22' addition) from the westerly property line was offered, and granted, with the following findings: (a) that the relief, as alternatively granted, will not be adverse to the essential character of the neighborhood; (b) that the relief, as alternatively granted, will not in turn adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief, as alternatively granted, will not to be an increase dwelling unit density or to cause a substantial effect on available governmental facilities; (d) that the relief, as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, the 'interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as applied for a 16' by 22' addition with a side yard setback at four feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT a variance for an addition approximately 13 feet in width (by 22 feet in depth) with a setback of not less than seven (7') feet from the westerly property line and not ]ess than 13 feet from the front property line. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio and Villa. (Member Grigonis was absent due to serious illness.) This resolution was duly adopted. lk Sohthold Town Board of Appeals-I~ July 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4038: Matter of JOHN AND RICHARD ZEISLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permis- sion to.located 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 97, filed in the Suffolk County Clerk's Office as Map ~5280; also identified as County Tax Map Parcel 91000-113-4-9. WHEREAS, a public hearing was held on July 12, 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. By this application, appellants request permission to locate a 20 ft. x 20 ft. two-car garage in the front yard area with setbacks aPProximately 30 feet from the curb along Jackson's Landing and nine (9' feet from the westerly side (property) line. 2. The premises in question is known as Lot #7 on the Subdivision Map of Jackson's Landing, filed in the Office of the Suffolk County Clerk as Map No. 5280, and is nonconforming as to total lot area of 23,495 sq. ft. and as to frontage (width) along Jackson's Landing of approximately 80 feet. Southold Town Board of Appeals 20 - July 12, 1991 Regular Meeting ~. The subject premises is presently improved with a frame dwelling (BP 910773) with setbacks as shown on the survey prepared July 11, 1991 by Roderick VanTuyl, P.C. Also present at the site and shown on the survey are phragmites, wet meadow areas, with sloping elevations,~ to the south of the dwelling (referred to as the required rear yard area). For the record, it is noted that the dwelling was the subject of two prior appeals, under Zoning Appeal No. 2903 rendered November 5, 1981 and Flood Management Appeal No. FL2 rendered July 1, 1980. 4. Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings must be placed only in the required rear yard. 5. The garage structure is proposed to be used only for garage or storage purposes which are accessory and incidental the use of the principal dwelling structure. to 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 be an increase of dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief requested in not unreasonable, and there is no alternative for appellants to pursue other than a variance; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance to locate a 20 ft by 20 ft. accessory garage in the front yard area as applied with a setback of 30 feet to the curb along Jackson's Landing and nine (9') feet from the westerly side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage structure be used strictly for storage and garage purposes, accessory and incidental to the Southold Town Board of Appeals -21.- July 12, 1991 Regular Meeting principal dwelling use of the premises, and shall not be converted into residential, sleeping or habitable quarters; 2. That any increase in size to larger than applied for will require a separate application (if larger than the requested 20 ft. by 20 ft.); 3. That only electrical utilities may be installed; 4. That the garage structure not exceed the height provisions of the code (18 feet). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen and Villa. (Member Grigonis was absent due to serious illness.) This resolution was duly adopted. Southold Town Board of Appeals -~22- July 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4027. Upon Application of 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, 1957. Lot is nonconforming, having a total lot area of 22,668 sq. ft. and 25 ft. frontage (width) along Middle Road in.the Hamlet of Greenport, Town of Southold, NY; County Tax Map Designation 1000-41-2-12.1. 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, applicant seeks a variance for approval or recognition of the subject lot, having a,total nonconforming lot area of 22,668 sq. ft. and nonconforming road frontage of 25 feet along Middle Road, Greenport, Town of Southold in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, located near "Fleetfield," a 1942 (preexisting) subdivision filed by Clarence C. Fleet and Henry L. Fleet. 3. The record shows the following conveyances of land within this block (located along the easterly side of Middleton Extension and the southerly side of Washington Avenue) immediately surrounding and including this parcel as follows: Southold Town Board of Appeals -23- July 12, 1991 Regular Meeting (a) Parcel 1000-41-2-6: This corner lot consists of an area of 7765+- sq. ft. and was conveyed on April 22, 1966 to McGinners, having been previously conveyed on July 12, 1963 to McGinners' predecessor in title~ The owners of record since May 31, 1967 are John M. Krukowski and wife, and the premises has a dwelling which preexists zoning. It is noted that the lot has been in single and separate ownership since at least 1963. (b) Parcel 1000-41-2-7: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed to Waterhouse on November 9, 1965. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since this time. A new dwelling was constructed in late 1968 (building permit $4021Z) for this particular lot. (c) Parcel 1000-41-2-8: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed on June 20, 1966 to Staples, who later conveyed the premises on March 22, 1984 to Burden. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1966. A new dwelling was constructed in 1966 (building permit ~3194Z). (d) Parcel 1000-41-2-10: This parcel consists of an area of 12,550+- sq. ft. and was conveyed to Reeves from Joseph Diaz on January 27, 1964. This lot conformed to the 1964 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1964. A new dwelling was constructed in 1964 (building permit #2479Z). (e) Parcel 1000-41-2-11: This parcel consists of an area of approximately 12,900 sq. ft. and was conveyed to Staples on December 22, 1969, and who acquired the parcel on August 29, 1963 from Joseph Diaz. It is noted that this lot conformed to the 1969 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1969. A new dwelling was constructed in 1985 (building permit ~13856Z). (f) Parcel 1000-41-2-13.2: This parcel consists of an area of 73,660+- sq. ft. and was conveyed to Field from Joseph Diaz on March 10, 1972. This lot conformed to the 1972 lot area requirements of the code (mino 40,000 sq. ft.). A new dwelling was constructed in 1972. (g) The parcel herein was created in 1969 when set-off by Joseph Diaz when the northerly parcel (1000-41-2-11) was conveyed. The applicant on February 19, 1981 acquired the parcel, which conformed to the 1969 lot size requirements of the zoing code (minimum 12,500 sq. ft.). The parcel is believed to have been single and separate since 1972 (when 1000-41-2-13.2 was set-off in 1972 from Diaz). Page 24- Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 4. The survey submitted under this application shows a minimum width at the building envelope area at 123.61. The building envelope area shows the located of a proposed dwelling to be built in accordance with the minimum setback regulations for this zone district. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, now of HALSEY A. STAPLES, be and hereby is RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size), that the application be APPROVED, as applied. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals -2~- July 12, 1991 Regular Meeting Appl. No. 4024: Matter of RONALD STRITZLER, M.D. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) 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 District 1000, Seotion 94, Block 1, Lot 14. 'Zone District: R-80. WHEREAS, public hearings were held on June 7, 1991 and on July 12, 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, 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-80 Zone District at Mattituck, with 339 ft. frontage along the north side of Sound View Avenue, Mattituck and frontage along the Long Island Sound. 2. The subject premises consists of a total area of approximately 4.90 areas and is improved with a one-story frame house and accessory frame building situated near the front of the house. For the record, it is noted that town records show that in 1967 a 1.1+- acre parcel was conveyed to Rodney W. King. The premises as exists today of.4.9+- acres is recognized as one lot in common ownership under the zoning provisions (and is not recognized as two lots as depicted on the survey submitted with this application). 'Southold Town Board of Appeals ~6'_ July 12, 1991 Regular Meeting 3. Proposed by this application is the location of a 60' by 120' tennis court enclosed with a fence at a height of eight (8') feet, all to be situated not closer than 60 feet from the front property line along Soun~:~iew Avenue and not closer than 25 feet to the westerly side property line. 4. It is the position of this 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 and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood since it is not uncommon to locate accessory uses of this nature in areas other than the waterfront yard areas (which is technically the rear yard area); (d) the relief requested is 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. Dinizio, it was RESOLVED, to GRANT permission in the Matter of the Application of RONALD STRITZLER, M.D. as applied under Appeal No. 4024 for the placement of an accessory tennis court structure in the front yard area as noted in paragraph 3, supra, and subject to the following restrictions: 1. That there be no lighting (as applied); 2. That the existing screening (foliated areas) remain near the tennis court, to include replanting where necessary after the tennis court is built. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. This resolution was duly adopted. Southold Town Board of Appeals 27;- July 12, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4034: Application of 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 Peoonic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map Designation 1000-145-4-4. WHEREAS, a public hearing was held on July 12, 1991, at which time all those who desired to be heard were heard; 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. The premises in question is located along the south side of Peconic Bay Boulevard and the westerly side of Edgemere Avenue, Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. The entire premises consists of an area of approximately one-half acre and is improved with a single family dwelling and small storage building, all as shown on the sketched site plan submitted with this application. 2. The construction proposed by this variance is for a modification of the original construction plans submitted under Appeal Application No. 3944, which plan was filed on April 30, 1990 and conditionally approved by the Board on July 11, 1990. Southold Town Board of Appeals -,2B- July 12, 1991 Regular Meeting 3. One of the conditions rendered on July 11, 1990 included the restriction that the garage structure not exceed one-story in height and be used only for storage purposes, as applied. 4. The areas affecting the original variance and shown on the newly a~ended plan are a dormer at the proposed upper level which raises the height to more than one level or one story to 18 feet, and proposed sink and lavatory facilities (half bath). 5. Section 100-33 of the Code permits accessory buildings and structures which are located in the required rear yard, without a variance, at a height not to exceed 18 feet. 6. In considering this application, the Board finds: (a) that the relief requested is minimal under the circumstances; (b) that the amendments as applied herein will be 'consistent with the purpose and intent of accessory buildings, since it will be an incidental and ancillary use only to the main residence, and will not be used for habitable, sleeping, business, or other uses which are prohibited in accessory structures; (c) that the plight of the owner is not due to personal problems and the difficulties claimed are uniquely related the land; (d) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (e) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission to amend building plans for a 24 ft. x 30 ft. accessory garage building for the addition of a dormer, sink and lavatory.(facilities for a half bath), as ~uLi~id Tuwn Buard of Appeals -29- July 12, 1991 Regular Meeting applied and subject to the following CONDITIONS: i. That the garage structure remain as an accessory, incidental to the main dwelling structure and not be converted to habitable or sleeping quarters, business use or other use which are prohibited in accessory buildings; 2. That the garage structure height not exceed 18 feet maximum; 3. No heat (as applied); 4. That the there be no utilities, except for electrical utilities and limited plumbing for the sole purpose of a sink and lavatory (as applied); 5. That there be no enlargement, increase in size or expansion, except by approval of the Board of Appeals by separate application; 6. That the garage doors face the southerly direction of the property; and 7. That the accessory building remain 15 feet from the front property line along Edgemere Avenue and 12 feet from the front property line along Peconic Bay Boulevard. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent due to hospitalization.) This resolution was duly adopted S.outhold Town Board of Appeals -130- July 12, 1991 Regular Meeting Appl. No. 4010SE. Application of JOSEPH AND LIN-DA FISCHETTI for a Special Exception to the Zoning Ordinance as authorized by Article VII, Section 100-71, for permission to convert existing dwelling for a professional and business office establishment. Location of Property: 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3. Zone District: Residential Office (RO). WHEREAS, a public hearing was held on June 7, 1991, all those who desired to be heard were heard and their testimony recorded; and WJEREAS, 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. By this application, applicants request a Special Exception for the conversion of an existing principal dwelling structure, containing a total floor area of approximately 845 square feet into professional and business office use as authorized under Article VII, Section 100-72B(2) of the Zoning Code. 2. The premises in question is located along the east side of Oaklawn Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 3, Lot 3. 3. The subject premises is improved with a single-family dwelling structure having a total floor area of approximately 846 square feet, and located in the rear yard is an accessory frame storage building, all as shown on the survey map prepared February 6, 1991 by Roderick VanTuyl, P.C. 4. This property, according to town records, has been held in single and separate ownership and used as a single-family Southold Town Board of Appeals -31-- July 12, 1991 Regular Meeting residence since 1957. The following nonconformities of the land and building exist: (a) (b) (c) (d) principal less than nonconforming lot width of 80.80 feet; nonconforming lot area of 11,656 sq. ft.; nonconforming front yard setback of the principal structure at 15 feet; nonconforming northerly side yard setback of the structure at 12 feet; nonconforming setback of the accessory building at three feet from the property line. has been premises A Pre-Existing Certificate of Occupancy (No. Z19746) issued by the Building Inspector for the subject dated February 21, 1991. 6. The parking area is shown on the sketch submitted under this application. Nine (9) parking spaces are proposed along the easterly (rear) area of the principal building. 7. For the record, it is noted that: (a) this Board has granted approval of the substandard lot area and width of the premises for the use proposed herein under Appl. No. 4011 (b) the master plan revisions adopted on January 10, 1989 intentionally re-zoned the subject premises from "A" Residential and Agricultural to Residential-Office (RO); (c) there has been no literal change in the dimensions of the property or buildings since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121(C){2~ of the Zoning Code. Accordingly, on motion by Mr. villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional and business office use, as applied under Article VII, Section Southold Town Board of Appeals-2~- July 12, 1991 Regular Meeting 100~71B(2) of the Zoning Code (and subject to site plan approval of the Planning Board). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Absent was Member Grigonis due to illness.) This resolution was duly adopted. Appl. No. 4011. Upon Application of JOSEPH AND LINDA FISCHETTI. Request for variance recognizing this vacant lot to establish profe$$i0na] and business office on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). Location of Property: 235 Oaklawn Avenue, Southold, NY; County Tax Map Designation 1000-61-3-3. WHEREAS, a public hearing was held on June 7, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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, applicants seek a determination under the Zoning Code that the subject premises complies with the applicable lot area and width regulations of the zoning code as applies in this Residential-Office (RO) Zone District for conversion of the existing single-family dwelling to professional/business office use. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-61-3-3 and is located along the easterly side of Oaklawn Avenue, Hamlet and Town of Southold. 3. Research of town records shows that the premises has been held in single and ownership and has been used as a single-family residence to the present time. Also, the following nonconformities of the land and buildings have existed since the enactment of zoning in 1957: (a) nonconforming lot width of 80.80 feet; Southold Town Board of Appeals -33:- July 12, 1991 Regular Meeting (Appl. No. 4011 Fischetti, co~'tinued:) Cb) nonconforming lot area of 11,656 sq. ft.; (c) nonconforming front yard setback of the principal structure at 15 feet; (d) nonconforming northerly side yard setback of the principal structure at 12 feet. 4. For the record, it is noted that on January 10, 1989, new Master Plan revisions were adopted by the Southold Town Board which changed the previous "A" Residential and Agricultural Zoning of this parcel to "RO" Residential Office. Prior to January 1989, the property was nonconforming as to total lot area (11,656 in an 80,000 zoning classification), and the use as a single-family residence continued as a conforming use. 5. It is the position of this Board that the intent of the master plan revisions is to permit one of those uses listed under Section 100-71A, or as may be authorized by Special Exception from the Board of Appeals under Section 100-72B. The Town, in effect, has sanctioned the nonconformities of the property in adopting new standards for uses in this new zone district. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-61-3-3, is hereby RECOGNIZED as a valid parcel, with the nonconformities stated in paragraph 3, supra, and APPROVED for the purposes of receiving a Special Exception, by separate action, which has been applied for simultaneously with this appeal, for conversion of the dwelling to professional/business office use as provided by Section 100-71B of the Zoning Code. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Grigonis was absent due to illness.) This resolution was duly adopted. Southold Town Board of Appeals ~234-Regular Meeting July 12, 1991 DELIBERATIONS, continued: Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. The Board Members deliberated. No action was taken, and deliberations were postponed for an undetermined time, but within 60 days of the public hearing (which was June 7, 1991). OTHER UPDATES/RESOLUTIONS: (Agenda Item IIIA) Appl. No. 4021 - MICHAEL CHOLOWSKY at E/s Horton's Lane, Southold. There were several residents present who had questions concerning the status of this application and the concerning SEQRA. The Board answered procedural questions, most of which are noted in the file, and briefly discussed SEQRA. It was the consensus of the Board to coordinate the Long Environmental Assessment Form to involved agencies for comments from the public and agencies not later than August 5, 1991. The Board indicated that a further Determination, either of Significance or Non-Significance under SEQRA, will need to be determined by Resolution (not later than the Board's next meeting on or about August 15, 1991). (Agenda Item IIIC) Appl. No. 3970 - McDONALD'S CORPORATION at Mattituck. Copies of this afternoon's response from Planning Board concerning ZBA referral under alternative site plan map submission was transmitted to the ZBA Members, reviewed and made a part of the ZBA file. (Agenda Item IIIF) Appl. No. 4037 - METRO/808 REALTY (canopy). Motion was made by Mr. Goehringer, seconded by Mr. Dinizio, to request comments from the Planning Board and copies of maps and/or files pertinent to this pending project for the ZBA record. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent.) This resolution was duly adopted. Southold Town Board of Appeals qS- Regular Meeting July 12, 1991 ADDITIONAL APPLICATIONS TENTATIVELY SET FOR PUBLIC HEARING CALENDAR OF THURSDAY, AUGUST 15, 1991: 1) Appl. No. 4023 - CELLULAR TELEPHONE CO. Variance concerning height regulations for proposed tower at Elijah's Lane, Mattituck. 2) Appl. No. 3958V - JOSEPH HARDY at Main Road, Mattituck. Hamlet Business Zone District. Variance for multiple relief as follows: (a) insufficient area for third dwelling unit; (b) variance to allow a principal dwelling use in an accessory building located at the rear of the premises (which was converted from an accessory garage building to a pet grooming use, and then to a dwelling unit, without town approvals for the conversions. 3) Appl. No. 4037 - METRO/808 REALTY. Variance concerning location of canopy structure in the front yard area with insufficient setbacks. Corner of Depot Lane and Main Road, Cutchogue. Subject to receiving Planning Board response, noted below, before advertising legal notice. 9:30 p.m. EXECUTION SESSION: Pending and proposed litigation matters were discussed: Tartan Oil Corp. - recent update by Francis J. Yakaboski concerning non-compliance/inactivity with outstanding conditions of stipulation. (Discussions only; no action was taken.) There being no other business properly coming before the Board, the Chairman declared the meeting adjourned. The meeting adjourned at 9:50 p.m. Respectfully submitted,