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HomeMy WebLinkAboutZBA-09/26/1991APPEALS 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 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 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 26, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, SEPTEMBER 26, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York. / Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member Charles Grigonis, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Assistant The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings on the agenda, noted as follows: (1) 7:30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; Parcel ID No. 1000=18-2-32. (2) 7:35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; Parcel No. 1000-38-5-5. (3) 7:40 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239o4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. ?age -2- Regular Meeting of September 26, 1991 Southold Town Board of Appeals Location of Property: 1665 Shore Drive, Greenport; Parcel No. 1000-47-2-30. (4) 7:45 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; Parcel ID No. 1000-51-4-6. (5) 7:50 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue; Parcel No. 1000-98-1-11.1. (6) 8:00 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered Septem- ber 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. (7) 8:00 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold; Parcel ID No. 1000-78-5-12. (8) 8:04 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CH~=RLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100v244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, 1991 Page - 3- Regular Meeting of September 26, Southold Town Board of Appeals and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R~40 Zone District.) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold; Parcel ID No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). (9) 8:14 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; Parcel ID No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use). (10) 8:33 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback and for an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient; Parcel ID No. 1000-18-03-27. End of Hearings 9:00 p.m. APPROVAL OF MINUTES. On motion by Mr. Goehringer, seconded by Mr. Doyen, and duly carried, the Minutes of the July 25, 1991 Special Meeting, of the July 12, 1991 Regular Meeting, and the August 15, 1991 Regular Meeting, were approved. This resolution was duly adopted. Southold Town Board of Appeals -4- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD Application of WILLIAM A. HANDS. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business "B." Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 02, Lot 32. WHEREAS, a public hearing was held on September 26, 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 d~umentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding areas; and i~. WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is proposing a 10' by 33' building extension at the northerly end of the existing one-story section of the principal building. The proposed extension is proposed strictly for parking and/or storage purposes and not as an expansion of the principal use activities. The extension would be with a reduced easterly side yard setback at 17 (17+- as requested) feet. and width containing a total area of 17,460 sq. ft. and 130.89 frontage along the north side of the Main (State) Road. Other areas of the zoning code for which the building or site is nonconforming are: total and individual side yard setbacks, front yard setbacks, landscaping and screening, and gasoline service islands in the front yard area (ref. - copy oS survey submitted with this application). 3. The existing easterly side yard is nonconforming aG 20+- feet. The current zoning code requires a minimum of 25 ft. for each sideyard, The premises in question is nonconforming as to lot area ft. for a total of not less than 50 feet. The increase Page-5- Appl. No. 4054 ~Matter of WILLIAM A. HANDS, JR. Decision Rendered September 26, 1991 in the degree of nonconformance only amounts to approximately 75 square feet (that building area within the required 25 ft. setback - new add proposed). The total nonconforming sideyards would be reduced from the present 43 ft. total to 40 (+-) ft. 4. For the record, the following information is noted that the subject premises has been the subject of prior Southold Town Z.B.A. determinations which have been denied for: (a) reinstatement of restaurant which was discontinued for more than two years under Appl. No. 1489 on January 27, 1972 to Myron and Joy Finkle, (b) second business (take-out deli) under Appl. No. 1795 on June 28, 1973 to Joy Finkle and Millie Messeri. 5. 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. The principal use of the building and premises is a conforming use in this General Business "B" Zone District as a public garage and gasoline service station (with vehicle repair). 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. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the construction of a 10' x 33' building extension for parking and/or storage purposes accessory to the existing principal use of the premises and with a setback at not less than 17 (+-) feet from the easterly ~ide property line, as applied under Appl. No. 4054, SUBJECT TO THE FOLLOWING CONDITION: ~age -6-~ Appl. No. 4054 matter of WILLIAM A. HANDS, JR. Decision Rendered September 26, 1991 Screening along the northerly property line shall either remain as exists or be replaced, if necessary, within the applicant's property line, and .such screening shall be maintained with six-ft, high trees (or similar) to adequately screen those residentially zoned areas to the north. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN 'Southold Town Board of Appeals -7- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD OF APPEALS Ref: Appl. No. 3924 AND 3539. Upon application of MICHAEL HERBERT for permission to withdraw Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance for the establishment of a Bed and Breakfast with owner- occupancy/residency. Subsequent to the Bed and Breakfast, the applicant received Special Exception conditional approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map District 1000-140-2-23. WHEREAS, a public hearing was held on September 26, 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, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Pike Street in the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 23. 2. The subject premises consists of a total area of approximately 20,129 sq. ft., is located in the Hamlet-Business (HB) Zone District, and is improved with an existing two-story framed principal building and accessory (storage) garage located in the rear yard area, all as shown on the sketch prepared for the applicant. Southold Town Board of Appeals -8- September 26, 1991 Regular Meeting (HERBERT decision, continued:) 3. This application is being made pursuant to Conditions No. 1 and No. 3 of this Board's decision rendered on March 29, 1990 under Appl. No. 3924. At the time of making the application for a three-family dwelling, a Bed and Breakfast Use had been in operation (Appl. No. 3539), and the Bed and Breakfast operation was to cease immediately upon the effectuation and operation of the use conditionally authorized under Appl. No. 3924 (subsequent Special Exception). 4. During late of 1990, it is this office's understanding that the principal building in question was converted from a Bed and Breakfast to a two-family dwelling use and manager's quarters, under the auspices of the building department. 5. As a result of such conversion, the owner has filed this written application to show intent to cease and abandon the Bed and Breakfast use, as well as intent to comply with this Board's determination. 6. It is also noted for the record that: (a) in September 1986, at the time of the conditional approval of a Bed and Breakfast operation, the subject premises was located in an "A" Residential and Agricultural Zone District. This parcel was, up until 1989, a nonconforming (substandard) parcel. Two-acre zoning (80,000 sq. ft. minimum lot area was in effect since May 1983.) (b) on January 10, 1989, the Southold Town Board adopted revisions to the Master Plan zoning maps and code, which also modified the zoning of the subject parcel to Hamlet- Business (HB). This parcel, having a land area of 20,000 sq. ft. or more, was conforming as to lot area. (c) on March 29, 1990, the conditional grant of an owner-occupied two-family dwelling use with manager's quarters was effectuated. (d) any change, modification, increase or expansion, structurally or otherwise, as well as change of use to other than two-family residential, will require further approval by the Board of Appeals as well as consideration by the Planning Board under the site plan regulations. Accordingly, there shall be no retail sales permitted at the premises, now or in the future, unless appropriate approvals from Building, Zoning and Planning have been issued. 7. In light of all of the above, the interests of justice will be served by granting the applicant's request to permanently withdraw the Bed and Breakfast operation. Southold Town Board of Appeals -9- September 26, 1991 Regular Meeting HERBERT decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the use authorized under Appl. No. 3924 for a Bed and Breakfast Operation in conjunction with owner occupany is hereby deemed WITHDRAWN, as requested and further noted above. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. Page-lO~ Appl. No. 4D55 Matter of ARTHUR R, TRUCKENBRODT Decision Rendered September 26, 1991 ACTION OF THE BOARD OF APPEALS Appeal No. 4055: Application of ARTHU~ R. TRUCKENBRODT. Variance to.the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map Designation 1000-18-3-27. WHEREAS, a public hearing was held on September 26, 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, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting approval cf a 15' by 15' dwelling addition at the southwest corner of the existing dwelling structure, and for approval of a 12 ft. by 18 ft. accessory storage shed located in the side (southerly) yard area. 2. The setbacks for the addition as applied is for 17 feet from the westerly (rear) property line and 58 feet from the westerly (rear) property line. The setbacks for the accessory shed as applied is for 17 feet from the southerly (side) property line and 32 feet from the southerly property line. 3. Section 100-33 of the Code requires accessory buildings to be located in the "required rear yard." 4. Upon inspecting the area and viewing the characteristics of this parcel, it is noted that: Page-11- Appl. No. 4055 Matter of ARTHUR R. TRUCKENBRODT Decision Rendered September 26, 1991 (a) the dwelling as exists is nonconforming as to the rear yard setback; (b) it would not be possible to locate an accessory building for storage purposes in the required rear yard and at the same time meeting the required setbacks; (c) that the relief requested is minimal under the circumstances; (d) that it is understood that the use of the accessory shed will be consistent with the purpose and intent of accessory buildings, since it will be for storage use incidental and ancillary only to the main residence and will not be used for habitable, sleeping, business, or other uses now or in the future if expanded; uses other than for accessory storage are prohibited in accessory structures; (e) that the plight of the owner is not personal in nature and the difficulties claimed are uniquely related the land; (f) that the variance, as conditionally granted, will not alter the essential character of the immediate area; ~) that in considering all of the above, the interests justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to GRANT the relief requested under Appl. No. 4055, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the shed not be expanded, enlarged, or otherwise changed structurally (except after formal application for consideration and approval by the Board of Appeals); 2. That the shed remain accessory and incidental to the main dwelling structure and not be enlarged or converted to habitable or sleeping quarters, business use or other use; 3. That the shed structure height not exceed 15 feet maximum (from ground to top of peak), as applied; 4. No heat (as applied); 5. That there be no utilities, except that lighting Page-12--- Appl. No. 4055 Matter of ARTHUR R. TRUCKENBRODT Decision Rendered September 26, 1991 will be permitted (as applied). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. / GERARD P. GOEHRING~R, CHAx~RMAN ' ~outhold Town Board of Appeals -13- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD Appl. No. 4056. Upon application of CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to approval of screen-enclosed deck addition at less than the required 75 feet from the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. WHEREAS, a public hearing was held on September 26, 1991, and at said hearing, 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 a 30' wide by 16'4" deep screened-in deck addition at the rear (southwest) portion of the existing single-family dwelling, which, inclusive of wooden steps, is requested to be set back 71'2" from the existing bulkhead at its closest points (see project plan prepared by Proper-T Services dated August 14, 1991). 2. The subject premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 5, Lot 12, has a frontage of 160 feet along the south side of Main Bayview Road and 180 feet along the easterly side of Williamsburg (private) Road. This parcel contains a total lot area of approximately 28,000 square feet. -Southold Town Board of Appeals -14- September 26, 1991 Regular Meeting 3. The setback distances of the existing dwelling are shown to be 19.5 feet from the westerly (front) property line, 17.7 feet from the southerly (side) property line, 78 feet to the bulkhead/ramp area at its closest point, and 92+- feet to the northerly (front) property line. No accessory storage buildings exist at the premises currently. 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. The amount of relief requested by this application is a variance of one foot for the enclosed porch, and four feet for the step area. 6. In considering this application, the Board finds: (a) the relief as requested is not substantial in relation to the requirements; (b) the relief as requested is not the minimum necessary to afford relief; (c) the relief as alternatively granted will not alter the essential character of the neighborhood; (d) the practical difficulties are uniquely related to the property and are not personal; (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for a screened-in deck (porch) addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the construction shall be not closer than 74 feet (as applied), at its closest distance to the bulkhead; -'Southold Town Board of Appeals -15- September 26, 1991 Regular Meeting ~. That the porch (screened-in deck) addition remain unheated, as applied; 3. That the porch (screened-in deck) addition not be permanently enclosed (i.e. glass or similar enclosure, although plexiglass will be permitted); 4o That the step area be relocated to the northerly or southerly ends of the deck (rather than on the seaward portion). (Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board.) Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly Southold Town Board of Appeals -16- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD Appl. No. 4053. Upon application of DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 and 25 and is substandard in size. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. WHEREAS, a public hearing was held on September 26, 1991, and at said hearing, 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, and the surrounding areas; 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 permission to construct a 12 ft. by 34.7 ft. wide open-deck addition from the rear Csoutheasterly end) of the existing dwelling, thereby requesting a reduction in the required setback to 43 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 30 and contains a total lot (upland) area of 12,700 sq. ft. 3. The dwelling as exists presently has conforming sideyards totaling 33 feet (20 & 13)), a conforming front yard setback at 41 feet, a nonconforming setback from the bulkhead at 58 feet, and conforming lot coverage at less than 20%. The parcel as exists is substandard with 12,700 sq. ft. in total lot area. The lot width along Shore Drive is conforming at 100 feet. ' Southold Town Board of Appeals -17- September 26, 1991 Regular Meeting 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. For the record it is noted that similar setbacks exist upon other parcel in the immediate area (and fronting along Pipes Cove). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to that existing at this site or nearby parcels; (b) the relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (c) the relief as requested will not alter the essential character of the neighborhood; (d) the practical difficulties imposed are uniquely related to the property and are not personal; (e) 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; (f) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRA/qT a variance for an open, unroofed deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck addition remain open and unroofed, as applied. (Ail runoff from the roof of the existing structures shall be retained on site.) 2. That the setback for the proposed deck, step areas, shall be limited to not less than 40 from the outside edge of the bulkhead). inclusive of all feet (measured ~Southold Town Board of Appeals -18- September 26, 1991 Regular Meeting 3. That the proposed deck shall remain open and unroofed, as applied. Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHRINGER,//CHAIRMAN · Southold Town Board of Appeals -19- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD Appl. No. 4051. Upon application of WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXtII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. WHEREAS, a public hearing was held on September 26, 1991, and at said hearing, 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: 1o By this application, appellant seeks variances under Article XXIII, Section 100-239.4B for permission to construct raised, open deck additions at the rear (south) of the existing single-family dwelling, with wooden steps and walkways, all as shown on the August 6, 1991 plan prepared by Indian Neck Corporation submitted with the application. The structures proposed above the bulkhead have a square footage between 650 and 700 sq. ft.; below the bulkhead about 350 to 400 sq. ft. 2. The existing nonconforming setback to the bulkhead from the porch area at its closest points scales out to be 43 feet, and at its further point 50 feet (near the dock). The relief requested is for a full reduction (zero ft. setback up to and below the bulkhead). 3. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 98, Block 1, Lot 11.1, has a frontage of 182+- feet along Pine Tree Road, and contains a 'Southold Town Board of Appeals -20- Septe~Lber 26, 1991 Regular Meeting (Fishlinger Decision, continued:) total lot (upland) area of approximately 1.2 acres. The area seaward of the house has varied contour elevations above mean sea level from 12 ft. to zero ft., and the bulkhead which exists is near the four ft. contour elevation as shown on the July 8, 1991 survey map prepared by Roderick VanTuyl, P.C. 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. In considering this application, the Board finds: (a) the relief as requested is substantial in relation to the requirements; (b) the relief as requested is not the minimum necessary to afford relief, and alternative relief is more appropriate under the circumstances; (c) the relief as alternatively granted will not alter the essential character of the neighborhood; (d) the practical difficulties are uniquely related to the property and are not personal; (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as requested, and BE IT FURTHER RESOLVED, to GRANT alternative relief for an open, unroofed deck addition at the rear of the existing dwelling, together with steps for access to the beach area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the new construction within the 75 feet setback from the bulkhead shall include only the upper deck with stairs (landward of the bulkhead), and the step areas to the beach. 'Southold Town Board of Appeals -21- September 26, 1991 Regular Meeting (Fishlinger Decision, continued:) (The lower deck areas and walkways are not authorized by this decision.) 2. The subject new construction shall remain open and unroofed, as applied. 3. Any change in grade contours or changes resulting in the deck construction must include measures to curtail run-off or drainage on site (as recommended by the Town Trustees, Building Inspector, Board of Appeals, or other involved agency). Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly 3Page -22-Appl. No. 4049 Matter of JOSEPH CARPENITO Decision Rendered September 26, DELIBERATIONS:DECISION: 1991 ACTION OF THE BOARD OF APPEALS Appeal No. 4049: Application for MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. WHEREAS, a public hearing was held on September 26, 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, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land shown on the subdivision "Map of Gardiners Bay Estates, Section III" as Lot No. 177 and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 38, Block 5, Lot 5; (b) is shown on the July 2, 1991 map prepared by Sambach Associates to be presently improved with a one-story dwelling with setbacks at 19.7 feet and 21 feet at the side yards, and 50 ft. front yard setback. (c) contains a total lot nonconforming lot area of approximately 20,500 sq.ft, and nonconforming lot width of 99.72 Rage -23- Appl. No. 4049 Matter of JOSEPH CARPENITO Decision Rendered September 26, 1991 ft. along the northerly property line off of the Dogwood Lane in the Hamlet of East Marion, Town of Southold. (d) is located in the R-40 Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: (1) lot width 120 ft. (2) front yard setback 40 feet; (3) side yards at 15 and 20 feet; (4) total sideyards at not less than 35 feet. 2. By this application, appellant requests a variance for a 15' wide by 22' one-story garage addition for garage and storage use accessory and incidental to the residence. The amount of relief requested by this application is that area less than 35 feet from the front property line and less than 15 feet from the easterly side property line. The reductions requiring relief are for a seven ft. from the front propertY line (from 35 to 28 feet) and at the easterly side yard requesting a reduction from 15 to five feet (alternative relief was granted; see resolution below). 3. In considering this application, the Board also finds: (a) that the relief, as alternatively and conditionally noted below will not be adverse to the essential character of the neighborhood; (b) that the alternative and conditional relief (noted below) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the reductions are minimal and will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the relief, as alternatively granted is not unfeasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting alternative, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. villa, it was RESOLVED, to DENY the relief as requested for a five feet at its closest point for a proposed garage and BE IT FURTHER setback at addition; RESOLVED, to GRANT alternative relief for a one-story .Page -24-Appl. No. 4049 Matter of JOSEPH CARPENITO Decision Rendered September 26, 1991 garage addition (not to exceed a size 15' wide x 22' deep), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the garage addition be limited to one-story height (without a second floor and not exceeding the height applied for and shown on the elevation plans dated July 2, 1991, prepared by Santbach Associates); 2. That the addition shall be for garage and storage purposes, as applied; 3. That the addition not be closer than eight feet to the easterly property line and not be closer than 28 feet to the front property line at its closest points. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. ' Southold Town Board of Appeals -25- September 26, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 4050: Application for RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101Cl, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zone and planning for existing uses). WHEREAS, a public hearing was held on September 26, 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, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the General "B" Business Zoning District and is a 100' by 197' tract of improved land identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20; (b) abuts other land of the applicant herein to the south which has been the subject of prior Applications under: (a) No. 3675 rendered November 18% 1987; (b) No. 3674 rendered November 18, 1987, (c) No. 3608 rendered April 2, 1987 and (c) NO. 3634 rendered June 30, 1987; (c) is improved with a principal one-story building used for car sales and repairs, and two existing accessory buildings, all as shown on the site plan prepared June 15, 1987 'Southold Town Board of Appeals -26- September 26, 1991 Regular Meeting by Antonucci & Lawless of Yonkers, New York. 2. This application is concerning two concrete pads of a size 7 ft. wide x 20 ft. deep located in the northerly front yard area northerly of the existing principal building with new showroom addition. The concrete pads are at ground level and not higher than the level of the existing curbing along State Route 25 (see ZBA's photographs submitted for the record). This area is therefore not defined as "building area." The two concrete pads are within that area sectioned off for non-traffic purposes (restricted for off-street parking). 3. Ail other structures/uses and amenities are as surveyed and depicted on the August 13, 1991 map prepared for Mullen Motors, Inc. by Peconic Surveyors, L.S. (ID #91-224). 4. For the record, it is also noted: (a) that the front yard area under consideration has prior to the construction of the showroom addition been utilized as an open parking area for the traveling public; (b) that although the maps submitted under the previous applications did not depict the front (northerly) parking area, the Board Members know from personal knowledge that this area has been utilized for more than 25 years; (c) that the intent of Condition No. 2 of this Board's decision rendered November 18, 1987 is to prohibit egress and ingress to this area for the traveling public (customers and employees included), and to allow an open and unobstructed view for traffic traveling north on Cottage Place and turning onto the Main (State Route 25) Road; (d) that the allowance of two concrete pads and sales display for two vehicles will not be adverse or create a dangerous or adverse condition, and will not interfere with the movement of traffic; (e) that the aesthetics of the front yard area will not be changed since its use will be limited to landscaped, nontraffic areas and display for two vehicles only, rather than an accessible parking area as previously existed. 5. In considering this application, the Board also finds: (a) that the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, ~.Page -27-Appl. No. 4047 Matter of RICHARD MULLEN, JR. Decision Rendered September 26, 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief herein will not create a substantial increase in business use or use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an outside display area of approximately 280 sq. ft. (two 7' x 20' concrete pads), which is minimal under the circumstances; (e) in considering all of the above factors, the interests of justice will be served by granting minimal relief, conditionally and as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for two 7 ft. by 20 ft. concrete (vehicle sales display) pads, SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. That the concrete pads are limited to a nttmber of two, one for each vehicle to be displayed for sale, and each pad to not exceed a size of 7 ft. x 20 ft., as applied; 2. That each particular outside display pad shall be authorized for one unregistered vehicle, for a total of two. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ~Southold Town Board of Appeals -28- September 26, 1991 Regular Meeting HEARINGS FOR NEXT REGULAR MEETING: On motion by Mr. Goehringer, seconded by MP. Dinizio, it was RESOLVED, that the following matters be and hereby are directed to be held and published pursuant to Section 267 of the Town Law and the Code of the Town of Southold for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 24, 1991, commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4060 - ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article III, Section 100-30A.3 and Article XXIV, Section 100-244, for permission to construct open deck addition (to existing dwelling) with an insufficient frontyard setback. The lot area is nonconforming in this R-40 Low-Density Residential. 1275 Fanning Road, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 4, Lot 30. (2) 7:33 p.m. Appl. No. 4059. DOROTHY F. CAREY. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct proposed addition and deck with insufficient frontyard setbacks. The subject parcel is known as Lot 7 on the Map of Edgemere Park, is substandard in size, and is located in the R-40 Zone District. Location of Property: Corner of Edgemere Avenue and McDonald's Crossing, Laurel, NY; County Tax Map No. 1000-128-6-20. (3) 7:35 p.m. Applications of NYNEX MOBILE COMMUNI- CATIONS/ARTHUR V. JUNGE, INC. concerning premises located in the Light-Industrial (LI) Zone District and is known as 21855 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-19.1. (A) Appl. No. 4058. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. (B) Appl. No. 4062. Special Exception to the Zoning Ordinance, Article XIV, Section 100-141B(1) for permission to establish public utility use and construct monopole radio tower and accessory equipment-storage building. (4) 7:45 p.m. Appl. No. 4061 - EDWARD T. ROUSE. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281, and Article IIIA, Section 100-30A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, each with a preexisting single-family dwelling. Location of Property: Corner of Sterling Place and champlin Place, Greenport, ~; Lot Southold Town Board of Appeals -29- September 26, 1991 Regular Meeting Nos. 60, 61 and 62 on the Map of John G. Suffolk County Clerk's Office as Map No. Parcel No. 1000-34-3-28. Champlin filed in the 337; County Tax Map (5) 7:50 p.m. Appl. No. 4028 - RICHARD AND LISA OLIVERI. (Amended) Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate new dwelling, inclusive of deck and steps areas, with a setback at less than 75 feet from the landward edge of the freshwater wetland. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2.5 acres. VOTE OF THE BOARD: Ayes: Ail. This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:00 p.m. Respectfully submitted, ~ //// Linda F. Kowalski ~/~/g/ "Approved - -3~'~-~s~'~ '~. ~ RECEIVED AND FI