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HomeMy WebLinkAboutZBA-02/23/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD MINUTES REGULAR MEETING TUESDAY, FEBRUARY 23, 1993 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 7:00 p.m. - Work Session (Reviews of pending applications). No action was taken. A Regular Meeting was held by the Southold Town Board of Appeals on TUESDAY, JANUARY 14, 1993 commencing at 7:35 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Harvey A. Arnoff, Town Attorney Linda Kowalski, Board Clerk Also present were approximately 40-45 persons in the audience total. DELIBERATIONS/DECISION: Appl. No. 4142 - Application of ADAM ASSOCIATES for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck, in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Parcel Nos. 1000- 113-12-10.1, 10.3, 10.2, 9 and 8 (and Parcel No. 1000-113-14-11 restricted fore park and recreation area use). All areas of access are located in the R-80 Residential Zone District. (Continued on next page) 'Page 2 - Appl. No. 4142 Matter of ADAM ASSOCIATES (280-A) Decision Rendered February 23, 1993 Appl. No. 4142. ACTION OF THE BOARD OF APPEALS Upon Application of ADAM ASSOCIATES INC. for a Variance as provided by New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck, in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10.1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. WHEREAS, a public hearing was held on January 14, 1993, 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. RELIEF REQUESTED. The portion of the right-of-way premises which is under consideration in this appeal application extends from the easterly side of Cox Neck Road, Mattituck, in an easterly direction, 616.33 feet to the beginning of "Adam's Road," a private road (having received approval by the Southold Town Planning Board in the Minor Subdivision application for Adam Associates February 4, 1991). The 616.33 ft. right-of-way is shown on the Suffolk County Tax Maps as part of lot 11, District 1000, Section 113, Block 14, and is more particularly Page 3 - Appl. No. 4142 Matter of ADAM ASSOCIATES (280-A) Decision Rendered February 23, 1993 shown in detail on a map prepared by Joseph A. Ingegno, L.S. dated September 4, 1992. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of the base of this right-of-way is good and has a present width of approximately eleven (11) feet. However, the road does need some minor improvements. There is a curve which needs to be straightened, and the improved width of the right-of-way should be widened to 14 feet at its center and have a 16 ft. unobstructed clearance for sufficient maneuvering and access by emergency (fire) vehicles and trucks. 3. In considering this application, the Board also finds and determines: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable or substantial in relation to the requirements; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue, other than this request; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions the neighborhood or district; in d) the difficulties created are related to the land and are not personal to the landowner; e) this application, as conditionally granted, will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to ADOPT the following conditions in this application as applied under the provisions of New York Town Law, Section 280-A, concerning access over a private right-of-way: 1. That the entire right-of-way be improved 14 feet in width, and have an unobstructed clearance at 16 feet (or more) from the center point of the right-of-way; Page 4 - Appl. No. 4142 Matter of ADAM ASSOCIATES (280-A) Decision Rendered February 23, 1993 2. That the first 100+- ft. length extending from the east side of Cox Neck Road be widened from the present 11+- feet to 14 feet for sufficient manueverability by fire and emergency vehicles; 3. That the remaining length be straightened and pot-holes filled with a mixture of bankrun and loam, or stone blend mixture, or other material as is acceptable by the Chairman of this Board; 4. That the entire length of the subject right-of-way (616+- feet) be improved with the placement of 2" stone blend, with continuance maintenance and good condition at all times 5. That in widening this right-of-way to 14 feet, very few trees be removed and only as is necessary; and in the event the straig~ning of the curved area in this right-of-way could avoid the removal of large tree(s), that a map may be submitted by the applicant locating the subject trees on a sketch for the purpose of considering a request for a~ slight change (slight curve). Any modification for intent to avoid the removal of any large trees may be approved, in writing, at the discretion of the Chairman or his appointed representative(s). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 5 - Minutes February 23, 1993 Regular Meeting Southold Town Board of Appeals I. PUBLIC HEARINGS: The following public hearings were held: 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct garage addition to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. 7:43 p.m. Appl. No. 4149 Application of MARTIN BUSSANICH requesting a Special Exception for an Accessory Apartment in an existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section I. 7:45 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: (1) proposed addition at the west side of existing dwelling with a reduction in the side yard; (2) proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the subdivision Map of Harry DePetris as Lot #14. 7:57 p.m. Appl. No. 4153 Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Page 6 - Minutes February 23, 1993 Regular Meeting Southold Town Board of Appeals Windy Point Road (private road #12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. 8:00 p.m. Appl. No. 4155 Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insufficient rear yard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. 8:04 p.m. Appl. No. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Numbers 2 and 3 and abandoned sections of 8th St. and 7th St.), for a total lot area 67,124 square feet. Street Address: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 8:17 p.m. Combined the following two hearings: Appl. No. 4151 - Application of EDWARD F. RODENBACH, as Trustee, requesting a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH, as Trustee, for a Variance under Article III, Section 100-32 to reduce lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this Page 7 - Minutes February 23, 1993 Regular Meeting Southold Town Board of Appeals pending lot-line request. The northerly parcel will consist of a total combined area of Nos. 5 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will consist of a total lot area of 28,957+- square feet. Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as exists is substandard, and Lot #5 is substandard. Both lots are located in the R-80 Residential Zone District. 8:25 p.m. Appl. No. 4140 - JOH~ CROKOS (Hearing continued from 1/14/93). Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. The Board Members took a five-minutes recess between these two hearings and reconvened at 8:34 p.m. 8:35 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415). Application filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Interpretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "... docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, filed in the Suffolk County Clerk's Office as Map No. 275, East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). Following extensive discussions, the hearing was recessed without a determined date (subject to re-advertising in the town's official newspaper). (Please see verbatim transcript of all the above hearings prepared under separate cover and attached for reference.) End of hearings. Page 8- Appl. No. 4153 Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 BOARD FINDINGS AND DETERMINATION Appeal No. 4153: Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article III, Section 100-33 (as amended Decen~ber 1992) for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road #12), Southold, NY; County Tax Map Parcel ID #1000-87-4-6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. WHEREAS, a public hearing was held on February 23, 1993, at which time all those who desired to be heard were heard and all statements were made a part of the written record; 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. This is an appeal of the February 5, 1993 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is situated at the end of Windy Point Road (a private road), which extends southerly from Bayview Road, Southold. The property is zoned R-40 Low-Density Residential Zone District and contains a total area of approximately 10,000 sq. ft. 3. A map has been submitted with this application showing an one-story, single-family dwelling structure set back 107+- feet from the northerly (front) property line and approximately 30 feet from the rear (southerly) property line along Corey Creek. Page 9 Appl. No. 4153 Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 4. Article III, Section 100-33, as amended December 22, 1992 by Local Law No. 33-1992, provides at subsection C: ...C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided such buildings and structures meet the front-yard setback requirements as set forth by this code... 5. The front yard setback provisions for this nonconforming parcel in an R-40 Zone District requires a minimum of 10 feet. In this appeal, the applicant requests a variance to place this proposed free-standing accessory garage building in the front yard at a distance 35 feet from the front property line along Sound View Avenue and at four feet from the westerly property line. 6. Some of the reasons for requesting are: (1) the property is very narrow extending at a width of 35 feet in the front yard along the right-of-way; (2) to locate the accessory building with a setback at 10 feet or more would create limited access to the dwelling and would reduce the amount of usuable yard area. 7. It is the opinion of the Board Members that the general area, with a setback at five feet (instead of the requested four feet) is better, under the circumstances, and agree with the reasoning of the application that there is no other area which is less offensive. 8. Also in considering this application, the majority of the Board finds: (a) that the relief requested is substantial in relation to the new requirements, being a setback reduction from 10 feet to 5 feet; (b) that the reasons furnished by appellant are sufficient to warrant a grant of the variance requested; (c) there are no other alternative locations which would be more feasible for appellant to pursue, under the circumstances; (d) the location requested is not out of character of the immediate area and will not create an adverse effect or impact on the physical or environmental conditions in this district; (e) the difficulty was not self-created. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, that the relief requested to reduce the setback of a proposed 16 ft. wide x 24 ft. deep accessory garage in the front yard area from 10 feet to 4 feet, BE AND HEREIN IS DENIED, and BE IT FURTHER Pagel0 - Appl. No. 4153 Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 RESOLVED, that alternative relief to reduce the setback of this proposed 16 ft. width by 24 ft. deep accessory garage in the front yard from 10 feet to five (5) feet, under Appl. No. 4153 in the Matter of the Application of CHARLES BURST be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The side yard setback be not less than FIVE (5) feet including overhang(s), and not less than SIX (6) feet to the foundation wall of the building; 2. The height not exceed the height shown on the plan submitted with this application (at 20.6 feet) from ground; 3. Use shall be for §ara§e purposes, as requested, and the second floor shall be only for storage purposes incidental to the garage use; 4. Electric shall be permitted; 5. No cooking or habitable facilities; no living or sleeping quarters; 6. Ail other provisions of the zoning code must be complied with. Vote of the Board: Ayes: Goehringer, Villa, and Dinizio. adopted. Messrs. Doyen, Wilton and This resolution was duly Page 11- Minutes Regular Meeting of February 23, Southold Town Board of Appeals 1993 ACTION OF THE BOARD OF APPEALS Appl. No. 4140. Upon Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, public hearings were held on January 14, 1993 and February 23, 1993, at which time 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; 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. AREA VARIANCE. This is an application received Novem- ber 24, 1992 for a Variance under Article XXIII, Section 100-239.4, subsection A(1), for approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector's Notice of Disapproval upon which this appeal is based is dated November 18, 1992. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand View Estates. This parcel contains a total lot area of 42,134 sq. ft. and is presently vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the Page 12 - Appl. No. 4140 Matter of JOHN CROKOS Decision Rendered February 23, 1993 limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and landscape areas with retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated October 14, 1992 by Keller-Sandgren Associates}. The setbacks at their shortest distances under consideration in this application are shown at 50 feet to the outside patio area of the proposed pool, 30+- feet to the fence enclosure north of the same patio area, and 54 feet to the closest corner of the swimming pool. The dwelling as proposed is situated on an angle (northwest), rather than parallel with the bluff or northerly property angles, which creates the need for a variance at the northeast corner of the house of up to 5-1/2 or six feet. 5. SITE INSPECTION(S). (a) An inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the street, the lot's elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is away from the bluff face. The bluff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install dr!;well drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the immediate vicinity; i.e. Lot 5 CMonacelli) for construction at 80+- feet from the top of the bank; Lot 3.8 (Hungerford) at 80 - 85+- feet; Lot 24 (Cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the addition as proposed is not within their jurisdiction under either the Coastal Erosion Hazard Act (ch. 37) or the Town Wetland Ordinance (Ch. 97). 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested and more particularly shown on the October 14, 1992 site plan (as modified from the October 14, 1992 landscaping plan), that: Page 13 - Appl. No. 4140 Matter of JOHN CROKOS Decision Rendered February 23, 1993 (a) the setback at 54 feet is substantial in relation to the requirements, that is, 46 percent of the requirement; (b) the grant of the entire relief will, in turn set a precedent, and will alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties claimed have not been created by the landowner - the lot preexists the enactment of this zoning requirement; (e) the amount of relief requested would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is an alternative for appellant to pursue, as noted below, for lesser relief (greater setbacks); (g) in view of all the above, the interests of justice will be served by denying the relief, as requested. 8. ALTERNATIVE. Alternatively, the Board finds that a setback restriction at not closer than 75 feet to the top of the bluff (bank) for all structures, retaining walls, and buildings, would be more feasible and is reasonably available for applicant to pursue. 9. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the co~.L.~nity, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; Pagel4 - Appl. No. 4140 Matter of JO~IN CROKOS Decision Rendered February 23, 1993 e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the co--unity. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relieffor a minimum setback at 75 feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief alternatively granted is limited to this particular application made under Section 100-239.4A of the zoning code as pertains to the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event of future code modifica- tions). 3. That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. '"P~ge 15 - Appl. No. 4154 Matter of EAST END SUPPLY/LEWIS Decision Rendered February 23, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 4154. Upon application of JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 {previously referred to as Numbers 2 and 3 and abandoned sections of 8th St. and 7th St.}, for a total lot area 67,124 square feet. Street Address: 645 Ninth Street ahd Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). WHEREAS, a public hearin~ was held and ~oncluded on February 23, 1993; 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, 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. BASIS OF APPEAL. This is an appeal of a Notice of Disapproval issued February 5, 1993 by the Building Inspector for a permit to construct a storage building which "...will exceed permitted lot coverage .... " 2. PROPOSAL: Proposed is a 40' by 60' one-story storage building to be located at the extreme northwest section of this 67,124 sq. ft. parcel as more particularly shown on the site plan prepared by Garrett A. Strang, R.A. dated February 4, 1993. The lot coverage as exists is 43.1%. The proposed lot Page 16- Appl. No. 4154 Matter of EAST END SUPPLY/LEWIS Decision Rendered February 23, 1993 coverage is 46.6%. The increase requested is 3.5% over the existing. 3. PROPERTY DATA: The subject premises is located in the Light Industrial (LI) Zone District, and is presently improved with building area for principal storage and office area incidental to the principal storage area. The subject premises was previously assessed as three separate building lots, and since about 1983, two of the three lots were merged, after having acquired title to the abandoned sections of 7th Street and 8th Street. Since 1989, the entire tract has been considered under the Master Plan as one tract, and will remain as one lot (combining County Tax Map Lot Nos. 001 and 44.1) of 67,124 sq. ft. For informational purposes, prior to January 1989, the premises was zoned "C-Light Industrial." 4. SETBACKS. The setbacks of the new storage building is proposed at 20 feet from both front property lines along Corwin and 9th Streets. The setback from the existing southerly one-story warehouse must be 15 feet and 40+- feet.from the easterly building, as detailed on the proposed site plan. No expansions to the existing buildings are being proposed. All outside areas must remain open for fire access; no outside storage of any materials, unlicensed vehicles or the like will be permitted in any manner. 5. HEALTH DEPARTMENT REQUIREMENTS. This building is proposed for proper indoor containment and storage of paints, oils, solvents, and similar items in order to meet the requirements of Article 12 of the Suffolk County Department of Health Services. 6. OTHER AGENCY COM~4ENTS. No written comments, recommendations or objections were submitted to this office when coordination of this project was sent to other town agencies. Therefore, it is assumed that there is no objection, and it is the applicant's burden to comply with any other procedural steps and approvals necessary in this project before commencing construction activities. 7. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the properly'and the principal use of this property, and are not personal in nature to the owner; (b) although the relief requested is substantial in relation to the requirements, the relief will not alter the essential character of the immediate neighborhood; ' ~Page 17- Appl. No. 4154 Matter of EAST END SUPPLY/LEWIS Decision Rendered February 23, 1993 (c) it will be detrimental to the applicant if the variance is denied; a denial of the variance must prove that injury would be created to the health, safety, welfare of the community; (d) the benefit afforded by the grant of the variance will not be detrimental to the health, safety, welfare of the community; (e) 'the grant of a 3.5% variance will not be adverse to the preservation and protection of this property, the surrounding properties, or this district: to the north and west of this property are town streets; to the south is the Long Island Railroad; to the east is other premises occupied and zon~for Light Industrial use. (f) there is no other method feasible for appellant to pursuant other than a variance; (g) in light of all the above factors, interests of justice will be served by granting the relief as r~quested. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to grant the re.~ief requested, of 3.5% lot coverage for the location of a 40 ft. by 60 ft. one-story .storage building, as shown on the February 4, 1993 site plan prepared by Garrett A. Strang, R.A. and SUBJECT TO THE FOLLOWING: 1. No outside storage of any materials; 2. No parking/storage of any unlicensed vehicles or trucks; 3. Minimum front yard setbacks at 20 feet; .4. Minimum clearance between buildings at 15 feet, as proposed; · 5. Ail passageways around buildings must remain open and unobstructed for access by fire and emergency purposes. VOTE OF THE BOARD: Ayes: Goehringer. Nay: Mr. Villa. (4-1). Messrs. Dinizio, Wilton, Doyen, This resolution was duly adopted Page 18- Appl. No. 4155 Application of MARY FURLONG Decision Rendered February 23, 1993 Appeal No. 4155: Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insufficient rear yard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. WHEREAS, a public hearing was held on February 23, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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 situate along the easterly side of a Nokomis Road, approximately 700 feet south of Hiawathas Path, Laughing Waters, Southold; (b) is improved with a single-family dwelling structure situated 44.5+- feet from the front property line, 24.5 feet from the rear property line (including the subject porch), and width sideyards at 21+- feet and 29+- feet, at its closest points. (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 10, 1989. 2. By this application, appellants have requested approval of an enclosed porch (21 x 16+-) attached to the rear of the existing dwelling. The dwelling was built between 1964 and rage 19- Appl. No. 4155 Application of MARY FURLONG Decision Rendered February 23, 1993 1966, and the porch shortly thereafter (1968+-). The porch does not meet today's requirements for a 35-ft. rear yard setback. The applicant states that the porch was built in 1968 and she believes no building permit was obtained for the porch since it was built on an already existing concrete patio by adding cement blocks around it and then screens. Copies of the builder's contract and specifications have been submitted for considera- tion. '3. Today's setback requirement, under Article XXIV, Section 100-244B requires a minimum rear yard setback at 35 feet. In 1968, the rearyard requirement was 25 feet as provided by the Zoning Code in effect in 1968 (see Section 308), and which also provided for further relief for a 15 feet setback (copy of 1968 zoning regulations have been made a part of this file for reference). 4. The amount of relief requested by this application is a reduction from the 1968 requirements of one-half (1/2) foot, and 15.5 feet reduction from today's requirements, fo~ a 24.5 ft. rear yard setback. 5'. The need for this relief would not be alleviated if the subject porch construction were to be located in any other man'ner on the premises. 6. In considering this application, the Board also finds: (a) that the porch has not been and is not adversely impacting the essential character of the neighborhood; (b) that the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the construction under consideration involves an porch (enclosed patio) as exists and shown on the September 18, 1992 survey prepared by Roderick VanTuyl, P.C. and the grant this variance does not cause or create an increase in any dwelling unit density pertaining to this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) 'that the benefit to the applicant will not be detrimental or cause any adverse effects to the health, safety and welfare of the community; Page 20 - Appl. No. 4155 Application of MARY FURLONG Decision Rendered February 23, 1993 (f) that in considering all of the above factors, the interests of justice will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Men~ber Wilton, seconded by Chairman Goehringer, it was RESOLVED, to GRANT approval of the location of the enclosed patio (porch) at 24.5 feet from the rear property line, as requested under Appl. No. 4155 (Mary Furlong). VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Pa~e21 - Appl. No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 4148: Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition (garage and attached deck) to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. WHEREAS, a public hearing was held on February 23, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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 situate along the westerly side of Horton's Lane, Southold, Town of Southold, improved with a single-family, two-story frame house constructed during 1984 under Building Permit No. 12972; (b) contains a total lot area of 52,200+- sq. ft. with 156.37 ft. frontage along Horton's Lane; 315.87 ft. frontage along a proposed private road to the south (southeast); Pa~e 22 - Appl. No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 1993 (c) is situated along a proposed private road to the south which was the subject of an application under New York Town Law, Section 280-A before the Board of Appeals July 1, 1980 (Appl. No. 2708 - Louis Ramunni); (d) is located in the R-40 Zone District as effectuated by the Master Plan revisions enacted January 10, 1989. 2. By this application, relief is requested to reduce the yard setback to the south, which is technicaly front yard area as defined in the zoning regulations, from the required 50 feet to 45 feet for a new garage addition 22 ft. wide by 24 ft. deep. A deck is also to be proposed maintaining the same 45 ft. southerly (front) yard setback. The height is proposed at 19 feet, which is less than the height limitation for a principal building. 3. It is noted that a survey lastly dated September 8, 1992 has been submitted by the owners showing the dwelling as exists to be situated, at its closest points: 67.9 feet from the southerly-front property line, 34.5 feet from the northerly side property line, 82.1 feet from the easterly-front property line, and 213.7 feet from the westerly-rear property line. 4. When subtracting the proposed width'of the garage at 22 feet from the southerly setback at 67.9 feet, the difference is 45.9 feet. The amount of relief requested by this application is permitted for this addition, being minimal at not more than a five (5) foot reduction from the south side of the house. 5. In considering this application, the Board also finds: (a) the benefit to the applicant is greater, as weighed against the detriment to the health, safety, welfare of the community; (b) the benefit sought 'by the applicant is not unreasonable; (c) the relief is not substantial in relation to the requirements; '(d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; Phge23 - Appl. No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 199'3 (e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. (f) the addition is for a garage and later a deck; this new project is not a major activity and will not create an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (g) in considering all of the above factors, the interests of justice will be served by granting the relief as requested and further noted below. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT approval of the proposed 22 ft. wide garage addition, as requested, with a setback from the southerly (front) property line at not less than 45 feet. VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Villa Wilton and Goehringer. This resolution was duly adopted. lk Page 24 - Appln. 4149 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. R R,ober![/~,. VilJa . icnarac, wilton Telephone (516) 765-1809 SCO~? L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-18~0 BOARD OF APPEALS TOWN OF SOUTHOLD January 28, 1993 SEQRA UNLISTED ACTION DECLARATION. Bussanich Southold, NY Appeal No. 4149 Project Name: Martin County Tax Map No. 1000- 70-3-8 Location of Project: 430 Grig0nis Path, Relief Requested/Jurisdiction Before This Board in this Project: Requesting a Special Exception for an Accessory Apartment in an existing Drincipal dwelling structure This ~otice 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 sh0u]d the project be implemented as Planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. {~'} .this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new on-site improvements. construction or { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Page 25 - Minutes February 23, 1993 Regular Meeting Southold Town Board of Appeals Agenda Item #II. The following meeting dates were provided as updates and reminders: A. ZBA -Next Regular Meeting: Thursday, March 18, 1993. B. Legislative Meetings - 2/24, 3/10, 3/24-7:30 p.m. Conf. C. Planning & Zoning Committee - no March conferences scheduled. Agenda Item 9III. A SEQRA Unlisted (Uncoordinated) Negative Declaration was adopted in the following project: New Appl. No. 4149 - Martin Bussanich NEXT HEARING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that the following applications be held and hereby are authorized to be advertised in the town's official newspaper pursuant to law, as public hearings to be held by the Southold Town Board of Appeals on THURSDAY, MARCH 18, 1993 at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, as follows: 7:30 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 7:35 p.m. Appl. No. 4149 - Application of DEPOT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. 7:40 p.m. Appl. No. 4078 - JOHN PHILLIPIDES & OTHERS (Owners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for Page 26 - Minutes February 23, 1993 Regular Meeting Southold Town Board of Appeals permission to locate new dwelling structure with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. 7:50 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. Copies of the letter dated February 4, 1993 from Mr. and Mrs. Peter D. Pizzarelli concerning Appl. No. 4063 showing their intent to renew under the same circumstances was distributed to the Board. There were no objections. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned by 11:00 p.m. Respectfully submitted, ~oved Ge ~ Pp - ~. Goe~nger Chairman RECEIVED AND /LED BY TtiE SOUTHOLD TO~VN CT~RK Hou DATE