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HomeMy WebLinkAboutZBA-07/22/1993APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JULY 22, 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 7:15 p.m. Work Session - Reviews of pending applications. (No action was taken.) 7:30 p.m. Regular Meeting - Call to Order. A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, JULY 22, 1993 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda F. Kowalski, Clerk of the Board. I. PUBLIC HEARINGS were held, noted as follows: 7:32 p.m. Appl. No. 4172 - JANET A. FERGUSON. (Continued from June 22, 1993). Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. The Chairman recessed the hearing pending an effective date of newly enacted Local Law #14-1993 which will permit a dwelling in the B-General Business Zone District. Mr. Ham requested this be held in abeyance pending the acceptance and effectiveness of the new local law. Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 (Public Hearings, continued:) 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterpond's Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of 8710+- sq. ft. and is located in the R-40 Residential Zone District. Paul McDermott (father of the applicant) appeared. Following testimony, the hearing was concluded. (See copy of transcript for verbatim statements made during the hearing.) 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. Mr. Duff appeared in behalf of his application. (No opposition was raised during the hearing.) Following testimony, the hearing was concluded. (See transcript of hearing for verbatim statements made during the hearing.) 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. Roy Haje of En-Consultants appeared in behalf of the applicant. Following testimony, the hearing was concluded. (See transcript for verbatim statements made during the hearing.) 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. Mr. Leddy appeared in behalf of his application. Following testimony, the hearing was concluded. (See transcript for verbatim statements made during the hearing.) Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 (Public Hearings, continued:) 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construct open deck addition with an insufficient rear yard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. Jim Fitzgerald appeared in behalf of his application. Following testimony, the hearing was concluded. (See transcript for verbatim statements made during the hearing.) 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required front yard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31- 18-11. This property is nonconforming at 2614+- sq.ft, in this R-40 Zone District. Ed Williams (builder) appeared in behalf of the applicants. Following testimony, the hearing was recessed until the August Regular Meeting for further inspection by board members. (See transcript for verbatim statements made during the hearing.) 8:05 p.m. Applo No. 4039 - CLIFFSIDE ASSOCIATES, INC.(Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities...", and pertaining to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. 'Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. Richard Haefeli, Esq. appeared in behalf of the applicant. Following testimony, Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 (Public Hearings, continued:) the hearing was concluded pending deliberations at a later date. (See transcripts of record for verbatim statements made during hearing.) 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for the Advancement of Blind and Retarded, Inc."), as contract vendee, request a Specia! Exception as per the Southold Town Zoning Code, Article III, Section 100-3lB for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48, House ~6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121-4-8.1, containing 13+ acres. Rudolph H. Bruer, Esq. and Mary Lee Hasbrook appeared in behalf of the applicant. Following testimony, the hearing was concluded. (See transcript of record for discussions during the hearing.) 8:20 p.m. Appl. No. 4183 - JOH~ AUSTINE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. Mr. Arndt, builder, appears in behalf of the property owner. Following testimony, the hearing was concluded. (See transcript of record for discussions during hearing.) 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-10.1 (previously 30). J. Kevin McLaughlin, Esq. and Richard Goodale appeared in behalf of the applicant. Following testimony, the hearing was concluded pending deliberations at a later date. (See transcripts of record for discussions during hearing.) 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B(i~) for a permit authorizing: (a) a new car sales-rent~%l establishment; (b) an establishment of an Page 5 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 (Public Hearings, continued:) accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. J. Kevin McLaughlin, Esq. and Richard Goodale appeared in behalf of the applicant. Following testimony, the hearing was concluded pending deliberations at a later date. (See transcripts of record for discussions during hearing.) End of Public Hearings. II. Environmental Declarations - SEQRA: No objections were received to date since the posting of the following SEQRA Notices, the originals of which were posted on the Town Clerk Bulletin Board for comments within 15 days of the filing of the applications as required by law: TYPE II Actions: a) John Austine - side yard variance for part of garage; b) Roy and Joan Berman - front yard setback and lot coverage for storage addition to accessory building; c) Thomas D. Duff - side yard for deck addition; d) Mr. and Mrs. James Fitzgerald - rear yard for deck addn. e) Paul and Kelly McDermott - lot coverage for additions and small accessory shed. NEGATIVE DECLARATION (Unlisted Action): f) AABR Realty Facilities Holding Corp. Special Exception for philanthropic organization for use as a temporary vacation home. $outhold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton_ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 22, 1993 Regular Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 lax (516) 765-1823 Telephone (516) 765-1800 June 30, 1993 SEQRA UNLISTED ACTION DECLARATION Appeal No. 418l Project Name: AABR Realty Facilities Holding Corp. County Tax Map No. 1000- ]21-4-8.] Location of Project: S/S Middle Rd., House #6760, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Use as a philanthropic home This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southoldo An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely tO occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~nents by your agency to be submitted with the next 20 days. { X} .this Board has taken jurisdiction as Lead Agency, has deemed this'Beard of Appeals application to be an Unlisted SEQRAAction, 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 construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived 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. m~ $outhold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman' - Serg% Doyen. J;. James Dinizi0, Jr. Robert A. Villa i card ' BOARD OF APPEALS TOWN OF SOUTHOLD -7- July 22, 1993 Regular Meeting ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O: Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 2, 1993 TYPE II ACTION DECLARATION Appeal No. 4183 Project/Applicants: County Tax'Map No. Location of Project: John Austine 1000- 115-16-20 3735 Deep Hole Dr., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this' Project: Construct garage partly in sideyard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short).Form has been submitted; however, section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY~l1971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C, Wilton Telephone (516) 765-1809 -8- July 22, BOARD OF APpEA TOWN OF SOUTHOLD $.E.Q.R.A. TYPE II ACTION DECLARATION 1993 Regular Meeting 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 June 28, 1993 Appeal ~o. _~180 . Project/App£1cants: County Tax Map No. Location of Project: Roy and Joan Berman 1000- 31-18-11 520 Rabbit Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to accessory building - proposed construction will exceed permitted lot coverage and will also have insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y;S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short)Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under'the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specificallY 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall . Copies to applicant or his agent and individual board members. Copy pl. aced in ZBA project file for record purposes. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. / Robert ~'.V~a] ton Ri~l~ard Telephone (516) 765-1809 Page 9 BOARD OF APPEALS TOWN OF SOUTHOLD July 22, 1993 Regular Meeting SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1523 Telephone (516) 765-1800 · June 24, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. Project/Applicants: County Tax Map No. Location of Project: Thomas D. Duff, Jr. 1000- 6-2-3.2 Crescent Ave., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this PrQject: Construct deck addition with insufficient side yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and .Section 8-0113 cf the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(33)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J'r. James Dinizio, Jr. Ri c~°ab~e~t CZ V~I~ ton Telephone (516) 765-1809 -10- July 22, 1993 Regular Meeting SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 2.2, 1993 .q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal NO. 4178 Project/AppliCants: County Tax Map No. Location of Project: James E. Fitzgerald, Jr. 1000- 104-5-25 385 Haywaters Dr., Cutcho§ue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to dwelling with insufficient rear yard Setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and .Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2{jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at .(516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard R C~ehringer, Chairman Serge Doyen, Jr. J,mes Dinizio, Jr. P~bert A. Villa Richard C. Wilton Telephone (516) '/65-1809 -11- July 22, BOARD OF APPEALS · TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION 1993 Regular Meeting 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 June 30, 1993 Appeal No. 4]82 Project/Applicants: County Tax Map No. Location of Project: Paul and Kelly McDermott 1000-24~1_8 lO00 Oyster Pond Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to dwelling and accessory shed - proposed construction will exceed permitted lot coverage This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short). Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency'under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman' Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 -12- BOARD OF APPEALS TOWN OF SOUTHOLD July 22, 1993 Regular Meeting 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 March 4,.1993 g.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]60 Project/Applicants: County Tax'Map No. Location of Project: Susan Tasker 1000- 44-2-ll 58235 CR 48, Greenport, NY. Relief Requested/Jurisdiction Before This Board in this Project: Locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this .variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 13 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals III. A. Appl. No. 4175 - PATRICIA STIEFER. The Chairman moved TO WITHDRAW, as requested, Appl No. 4175, seconded by Member Doyen and duly carried, in behalf of the application filed by PATRICIA STIEFER for a formal interpretation of the definition of "family" of the zoning code. B. Update Re: SEQRA-Gustave Wade - DEIS as coordinated by the Southold Town Trustees to the ZBA, DEC, Cutchogue Fire District, etc. It was determined that the following Z.B.A. comments be forwarded to the Town Trustees: TO: Town Trustees, Town of Southold FROM: Board of Appeals DATE: July 13, 1993 SUBJECT: Review of Proposed DEIS, as amended May 25, 1993 - Property of Gustave Wade On June 11, 1993, a copy of the DEIS prepared by En-Consultants was received by the Board of Appeals for review and comments -- which will be accepted up until July 19, 1993. We offer the following co~mments and requests, which include some references also previously noted in our November 27, 1992 report (copy attached for your convenience and use). 1. The status of the applications pending before all agencies should be reported. Also, a request is made to correct this for the record, and the fact that no building permit may be issued until all agency approvals have been obtained -- including approval which is necessary by this Board under New York Town Law, Section 280-A for safe and adequate access by fire and emergency vehicles. 2. Effects by chanqes in weather conditions at flood high tides and moon high/low tides, storm tides, and the requirement to remove unauthorized fill between this island and East Road will need to be addressed. 3. The preparer has not confirmed alternatives for service companies and fire departments to gain access to the proposed house during freezing of the creek and bay areas immediately surrounding this land. There is mention of a one-year lease with Cutchogue Harbor Marina which may be terminated at any time. This lease is noted to be non-assignable and is strictly for the owner's boat. Will covenants for such access to the applicant's property be furnished for Page 14 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals perpetual use, and how does the property owner plan to transport equipment, delivery items and vehicles to the property for emergency services, construction purposes, and otherwise. 4. The record needs to be corrected to show a distance from the applicant's land to East Road at 85 feet or more (not 65 feet as suggested). 5. Noise impacts need to be addressed. This is necessary at least concerning noise levels and disturbances made in the use of generators and pumping stations at the site utilized for propane, electricity, water, and other purposes. Confirmation as to the number and location of the pumps and their generators are requested in addition to information concerning noise impacts. 6. Minimal reference is made for possible access for backhoes and other equipment by barge. The points of location and proof of such authorization from property owners has not been provided and is necessary in order to access from upland areas for not only backhoes but also for maintenance and cleaning of cesspools, heating, etc. 7. Other concerns with reference to statements made by the preparer, Dennis Corcoran, and others concerning proposals for fire safety, as well as questions about sufficient and safe access by emergency or fire vehicles will, of course, be continued at a public hearing before the Board of Appeals as required by Town Law, Section 280-A, and further considerations are mandated which are not a part of the SEQRA process. Further, an accurate map showing water routes for access by vehicles and for equipment will need to be submitted and considered. Questions are outstandinq by this agency concerning time periods for fire and emergency responses for water emergencies, the depth of water and dock suitability at low tides during transports, etc. 8. As noted in our written co~ents of Nover~ber 27, ~992 on the prior DEIS submission, this property is located in a ~'Critical Environmental Area (CEA) as designated by Euffolk County, and also referred to as "Peconic Ba~ a'ad Environs." This designation includes' ail of the bays east from the mouth of Page - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals Peconic River, to and including Block Island Sound, all of the land beneath the bays and all upland areas within 500 feet of the bays and their tributaries. This designation took effect on February 21, 1989 by Local Law 29 - Year 1988, Suffolk County, and was enacted by the County Legislature. It is requested that all Notices of filing and procedural requirements be amended as a Type I Action. 9. Page 17 makes reference to a new, updated survey dated April 17, 1993 which has not been made a part of this DEIS. An original print is requested for coordinationand use to all involved agencies. The above comments have been prepared as a result of review of the subject DEIS for final acceptance by the Town. Dated: July 13, 1993. BOARD OF APPEALS GERARD P. GOEHRINGER, ZBA CHAIRMAN The Secretary confirmed that copies of the above letter have been transmitted to the agent for the applicant. DELIBERATIONS: The Board deliberated on each of the following matters. (Continued on following pages.) Page 16 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4181SE. Application of AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc."), as Contract Vendee, request a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. WHEREAS, a public hearing was held on July 22, 1993, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant-corporation, as contract vendee of the subject premises, requests a Special Exception use for operation of a vacation home for handicapped and mentally retarded individuals, in a non-profit, charitable status for up to eight (8) vacationers, supervised by three adults. 2. The Article and Provision under which this Special Exception is requested is Article III, Section 100-31B, subsection 5 (a through e) which permits by Special Exception, subject to site plan approval by the Planning Board, a non-profit philanthropic institution as well as eleemosynary or religious institutions, rest homes, etc. s~hject to the following requirements: Page ]7 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 (a) No building or part thereof or any parking or loading area shall be loaded within 100 feet of any street line nor within 50 feet of any lot line, and (b) The total area covered by principal and accessory buildings shall not exceed twenty (20%) of the area of the lot, and (c) The maximum height shall be thirty-five (35) feet or two and one-half (2-1/2) stores, and (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained, and (e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. (Subsection (f) is only applicable to a proposed nursing home, hospital or sanatorium use.} 3. The premises in question consists of a total lot area of 13.36 acres located along the south side of Sound Avenue with a street frontage of 520+- feet. This property is improved with a single-family dwelling set back approximately 800 feet, or more, from Sound Avenue and 141 feet from the westerly property line (at its closest point). Also existing are a 1670+- sq. ft. accessory barn with fence enclosure which has been used by the current owners as a horse corral), and an ingroundswimmingpoolwith fence enclosure. For more specific details, please see undated survey map prepared by Barrett, Lanzisera, Beckman & Hyman, Surveyors, received on June 2, 1993 and made a part of this file. For record purposes this property is also identified on the Suffolk County Tax Maps as District 1000, Section 121, Block 4, Lot 8.1 (previously part of Lot 8). 4. The principal building proposed for this philanthropic vacation home use is the existing dwelling structure having a total floor area of approximately 5,000 square feet. The barn structure located in the front yard area will remain as an accessory building for purposes of storage and other similarly-related purposes, and the pool incidentally related to the occupants of the vacation home/dwelling structure. 5. At no time will the buildings or premises be permitted to be operated for profit or gainful business purposes, and the use(s) shall be only for nonprofit, charitable purposes operated by the applicant, or its successor nonprofit organization(s) with written notice and supporting papers showing its nonprofit and charitable status for the Board of Appeals' permanent records and update. Page ]8 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 6. For the record it is noted that the following Certificates of Occupancy have been issued by the Building Inspector concerning the buildings: a) No. Z14206 dated February 5, 1986 issued to Joseph and Patricia Stiefer for a new private one-family dwelling; b) No. Z-15669 dated April 21, 1987 for an inground swimming pool, fence enclosure, deck addition to existing dwelling. 7. The property contains 13.6 acres of land and the areas for parking near the dwelling are more than adequate. 8. Also for the record, it is noted that: (a) the property is shown as Lot ~1 oin the Minor Subdivision Map of Sundown Farms signed by the Planning Board on or about Novem- ber 5, 1984 (File #438) (Lot #1 is shown as a s~ngle tract of land of 13.3+- acres on the 1984 map); and (b) this property was the subject of a previous variance determination by the Board of Appeals under Appeal No. 3314 decided February 14, 1985 locating the existing barn structure, and corral fence at a height of five feet, all in the front yard; (c) the size and dimensions of the property are conforming in all respects, and the conditions of subsections {a through e}, Section 100-31B(5) of the Zoning Code will be complied with. 9. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards") and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to GRANT a Special Exception for a philanthropic vacation home in the existing dwelling structure to be operated by the new owner-applicant as a nonprofit, charitable and philanthropic organization, as applied and more particularly described in the above Findings, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. If the non-profit, charitable status of the applicant-corporation/contract vendee should become dissolved, then notice must be given to the Board of Appeals confirming whether or not Page ]9 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 the new owner is a legally established philanthropic organization by submitting supporting documentation to the Board of Appeals record to show proof of its nonprofit, charitable status and licensing by the State of New York. It will be the discretion of the Board of Appeals to detezmine whether or not the new owner meets these requirements, and the Board may require a new application on the new occupancy, or a new hearing on the Board's own motion if deemed reasonably necessary to remove this Special Exception permit. 2. Future construction for expansion of more than 125 sq. ft. of floor area will require an application to the Board of Appeals for consideration under this Special Exception pezmit. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 20 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4183: Matter of the Application of JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. WHEREAS, after due notice, a public hearing was held on July 22, 1993, 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the June 23, 1993 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the construction, as exists, of a detached garage for storage purposes which is located partly in the sideyard area and partly in the rear yard. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total area of approximately one-half acre, and is referred to as Lot No. 54 on the Subdivision Map of Deep Hole Creek Estates. The map submitted with this application shows this parcel is presently improved by an one-story, single-family dwelling structure built about 1975 having a set back 38 feet at its closest point to the front property line, 19+- feet from the northerly side property line and 30+- feet from the southerly side property line. Also constructed is a new deck at the rear of the dwelling and Page 21 - Appl. No. 4183 Matter of JOHN AUSTINE Decision Rendered July 22, 1993 subject accessory garage building, both recently built without building permits. 3. The subject garage is shown by appellant to be 24 ft. by 24 ft. The appellant shows the garage to be exactly five feet, at no closer, to the southerly side property line, which is the minimum setback distance requirement of the code under Section 100-33. The deck was recently built and places the garage partly in the side yard (see sketch prepared by appellant) which is not permissible without a variance. 4. The use of the accessory garage shall be authorized for storage of the owner's own vehicles, lawn equipment and the like, as may be incidental to the principal dwelling use. This building may not be used or operated for business or similar gainful purposes (such as rental for non-owner storage, etc.) and/or may not be used as a separate principal use. 5. For the record the garage building as exists, and proposed, is at one-story height, for a total of 13 feet above grade as shownon the construction plan submitted for consideration. All roof runoff must be retained on the premises of the applicant, and dry wells shall be installed to retain all water runoff as stipulated by the code to prevent runoff onto neighboring lands. 6. It is the position of the Board in considering this application that: (a) the circumstances are not uniquely related to the property -- the construction of a deck placed part of the garage in the side yard. (b) the difficulties are self-created - no permits were obtained for either the deck or the garage by the property owner or the builder. (c) there is another method feasible for appellant to pursue other than a variance to locate the garage ten feet further into the rear yard; (d) the relief requested is not substantial in relation to the requirements - only part of the garage is located in the restricted side yard; (e) the variance requested does not involve any increase of dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure Page 22 - Appl. No. 4183 Matter of JO~N AUSTINE Decision Rendered July 22, 1993 is for enclosed parking and storage of the owner's own lawn and other items; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the benefit to the applicant as weighed against the detriment to the health, safety, welfare of the community, is greater; (h) in considering all the above facts, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT a Variance for the location of a portion of the accessory garage in the side yard, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback to the side yard not be closer than five feet as applied; 2. The overhang (soffit and gutters) shall not extend more than 12 to 13 inches from the wall (into the side yard); 3. That the building shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. 6. That all water runoff shall be retained on site in dry well(s). Vote of the Board: Ayes: Messrs. Doyen, Goehringer and Wilton. (Against: Messrs. Dinizio and Villa.) This resolution was duly adopted (3-2 margin). Page 23 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4177: Application for JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36 (now 36.3). WHEREAS, a public hearing was held on July 22, 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 Mary's Road at Mattituck, Town of Southold, and contains the following nonconformities: lot area at 11,484 sq. ft. (preexists zoning) lot width with street frontage of 66.01 feet; (b) is improved with a one and one-half-story, single-family dwelling structure set back approximately 31-1/2 feet from the front property line along Mary's Road and approximately five feet from the southerly (side) property line.) (c) is located in the R-40 Zone District by the Master Plan Amendments enacted in January 1989. Page 24 - Appl. No. 4177 Matter of JAMES AND EILEEN LEDDY Decision Rendered July 22, 1993 2. By this application, appellant has requested approval of a 9 ft. porch extension from the front wall of the existing dwelling which will leave, when using the copy of the survey submitted with the application, a setback of 26 feet. The new porch area would be in lieu of the existing stoop area which extends at the front of the dwelling (see survey prepared September 29, 1992 by Roderick VanTuyl, P.C.)o 3. The relief requested in this application is a reduction in the front yard from 35 feet to 26 feet. Board Members do not agree that this is the minimum necessary under the circumstances, and alternatively find that it would be more feasible to grant a setback at not less than 28 feet. The addition would be reduced, of course, by two feet in order to meet this requirement. 4. In considering this application, the Board also finds: (a) that the front porch addition as alternatively granted will not be an adverse impact to the essential character of the neighborhood, and the relief requested in this applica- tion is not substantial in relation to those buildings existing generally in this neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the alternative method for a setback at not less than 28 feet is feasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by denying the relief as requested, but granted alternative relief, as noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested at a setback of 26 feet for a proposed front porch addition; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF for a reduced front yard setback at 28 feet for a proposed porch Page 25 - Appl. No. 4177 Matter of JAMES AND EILEEN LEDDY Decision Rendered July 22, 1993 addition by maintaining the southerly side yard at five feet (as exists for the house). VOTE OF THE BOARD: AYES: Messrs. Wilton, Goehringer, Doyen, and Dinizio. (AGAINST: Member Villa felt the new setback was not warranted under the circumstances for a porch). This resolution was duly adopted (4-1 margin). CORRESPONDENCE: The Board Members reviewed a letter received this afternoon from George H. Fisher, the draftsman for the proposed dwelling for THEODORE PETIKA$. Mr. Fisher indicates that the applicant was given approval for a 26 ft. by 30 ft. house and that he is inquiring as to whether the following would be permitted by the Board of Appeals under its prior conditional action: 1) Can a 3'4" by 3'4" platform and steps to the lower level be added within the eight ft. side yard setback? 2) Can the owners add an 8 ft. by 6 ft. front porch with a roof in the front yard (northerly yard) which was not shown in the 26 x 30 footprint that was previously before the Board? 3) Will a 1'4" roof overhang on part of the dwelling be permitted to be added on the seaward side of the 26 ft. by 30 ft. house previously considered by the Board? The Board Members unanimously were agreeable to allow the above, subject to approval by the Building Inspector and any other agency having jurisdiction before commencing construction. Page 26 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4182. Upon application of KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of 8710+- sq. ft. and is located in the R-40 Residential Zone District. WHEREAS, a public hearing was held and concluded on July 22, 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. This application is for a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed are the following: (a) addition to accessory storage building 160 sq. ft. (b) bedroom addition 140 sq. ft. (c) rear addition 70 sq. ft. (d) entry addition - up to 60 sq. ft. (e) side porch addition 132 sq. ft. Total square footage to be added: 560 sq. ft. 3. The Board finds: Page 27 - Appl. NO. 4182 Matter of KELLY MCDERMOTT Decision Rendered July 22, 1993 (a) the circumstances are unique to the property and its substandard size of 8710 sq. ft. of lot area and the difficulties claimed are not personal to the landowner; (b) the relief requested is not substantial in relation to the other properties in the area; the increase requested is 560 square feet over the existing coverage of 1732 square feet, for a total of 2294 square feet; (c) the relief will not alter the essential character and is in harmony with the intent of zoning, and the additions will comply with all other zoning regulations; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the benefits afforded are great to applicant and are the minimum necessary; (f) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (h) in view of all the above factors, the interests of justice will be .served by granting the relief requested for an additional 560 square feet of lot coverage. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED to GRANT the variance for an additional 560 square feet of lot coverage, as requested under Appeal No. 4182 in the Matter of the Application of KELLY McDERMOTT. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. Page 28 - Appl. No. 4 L79 Matter of THOMAS A."DUFF, JR. Decision Rendered July 22, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 41-79: Application for THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. WHEREAS, a public hearing was held on July 22, 1993, at which time 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 southerly side of Crescent Avenue (at North Hill), Fishers Island, Town of Southold, containing approximately 43,560 sq. ft.; (b) is improved with a single-family dwelling structure set back approximately 73 feet from the front property line along Crescent Avenue at its closest point and approximately 11 feet from the westerly (side) property line. (c) is located in the R-80 Zone District by the new revisions of the Master Plan enacted in January 1989. Page 29 - Appl. No 179 Matter of THOMAS A. DUFF, JR. Decision Rendered July 22, 1993 2. By this application, appellant has requested approval for a reduction in the westerly side yard to three feet for a proposed 14-ft. open deck (unenclosed porch) extension from the westerly side of the existing dwelling. The new deck area is raised above grade and will be in lieu of the existing stoop area which extends at the side of the dwelling (see survey prepared March 16, 1974 by Chandler, Palmer & King Surveyors). Any proposed step area to the new deck must be at the north side or south side of the deck addition, rather than within the three-foot sideyard. 3. The relief requested in this application is a reduction in the side yard from 17+- feet to not less than three (3) feet. There are no areas feasible for appellant to place a porch addition due to the uniqueness of the land contours, which drop off extensively in the remaining yard areas. Also, it was confirmed that the appellant and the adjacent property owner to the west (Peter Nitze) were planning to work out an agreement to sell a small piece of his eight-acre parcel in order to, in turn, enlarge the side yard setback if there was a process to take with the Town wherein flexibility with respect to the remaining 7.9+- acres for a future division would not be limited. 4. In considering this application,~ the Board also finds: (a) that the side deck (or unenclosed, unroofed porch) addition will not be an adverse impact to the essential character of the neighborhood, and the relief requested in this application is not substantial in relation to those buildings existing generally in this neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the appellant has pursued the possibility of acquiring additional land to increase the westerly side yard area; (e) in considering all of the above factors, the interests of justice will be served by granting the sideyard reduction as requested and further noted below. Accordingly, on motion by Member Doyen, seconded by Member Villa, it was Page 30 - Appl. No. 179 Matter of THOMAS A.-'DUFF, JR. Decision Rendered July 22, 1993 RESOLVED, to GRANT a variance for a reduced side yard at not less than three feet from the westerly property line at its closest point for a new open (unenclosed) deck addition SUBJECT TO THE FOLLOWING CONDITIONS: a) the deck addition remain open and unroofed, as requested; b) the setback be not closer than three feet to the westerly side property line. Vote of th~ Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. RESOLUTION APPROVING MINUTES: On motion by Member Dinizio, seconded by chairman Goehringer, it was RESOLVED, to approve the following Minutes of the Southold · Town Board of Appeals as submitted: January 14, 1993 Regular Meeting February 23, 1993 Regular Meeting March 18, 1993 Regular Meeting April 22, 1993 Regular Meeting May 11, 1993 Special Meeting May 20, 1993 Regular Meeting June 22, 1993 Regular Meeting. Vote of the Board: Ayes: Messrs. Doyen, Dinizio~ Villa, Wilton and Goehringer. This resolution was duly adopted. ~age 31- Appl. No. 4160 Decision Rendered July 22, 1993 Application of SUSAN TASKER ACTION OF THE BOARD Appeal No. 4160: Application of SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. WHEREAS, this proposed dwelling is Proposed seaward of the Coastal Zone Management boundary which is restricted, and documentation required concerning the Coastal Zone Management Agency reviews of the Town of Southold (Office of the Trustees) was submitted on June 10, 1993; WHEREAS, after due notice and publication as required by law, a public hearing on this setback application was held on July 22, 1993; and WHEREAS, at said hearing those who desired to be heard were heard and their testimony recorded (no opposition was submitted); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding'areas; and WHEREAS, the Board made'the following findings of fact: 1. The premises which is the subject of this application is identified on the County Tax MaPS as Eot 11, Block 2, Section 44, District~ and contains a total lot vacant land area of 4,050 square feet, a portion of which consists of low beach areas, subject to flooding, and the remainder with variable contours shown on the March 23, 1993 survey map to be between 6 feet and 11 feet above mean sea level. The dimensions of the lot are as follow: (a) the frontage along Middle Road is shown to be 50.09 feet, (b) width at the low bank near the ordinary highwater ' ~age 32- Appl. No. 4160 Decision Rendered July 22, 1993 Application of SUSAN TASKER mark at 50.37 feet as observed by the surveyor February 22, 1991 (c) the average depth of the property is 81+- feet. It is also noted that the premises is in the V-9 Flood Zone (min. el. 13 feet above mean sea level for utility area at lowest floor elevation). 3. Appellant is requesting permission to construct a dwelling with a livable floor area of 550 square feet (25 ft. wide by 22 ft. deep), plus an open, unenclosed deck at the north side, all within a proposed footprint of 25 ft. wide, 32 feet dep at the westerly side and 27 feet wide at the easterly side. The proposed new dwelling with open deck will meet the minimum side yard requirements of 10 feet and 15 feet on both sides for a total of 25 feet, and 20 feet front yard setback (average established frontyard setback appears to be less, at 16+- feet). 4. Article XXIV, Section 100-239.4 of the zoning code provides for a setback at not less than 100 feet feet the L.I. Sound bank or bluff, or 100 feet from the ordinary highwater 'line, whichever is closer. 5. The percentage of relief requested in this application is 62% of the requirement, for a 38 ft. setback to the ordinary highwater (tie line). A proposed revetment (stone retaining wall) is proposed between the bulkhead to the west and the stone .retaining wall to the east, for the full length of this property along the bank. Details for this retaining wall and proposed setbacks are all shown on the May 18, 1993 survey (as amended) prepared by Roderick VanTuyl, P.C. 6.' For the record it is noted that the Town Trustees have issued a Coastal Zone Management Permit and Variance under Permit No. 44-2-11 and Wetlands Permit No. 4167 issued. May 26, 1993, and the Suffolk County Department of Health Services permit under No. 92-SO-82. 7. In considering this application, the Board also finds and determines: (a) the neighboring dwellings on each side of the subject parcel have similar setbacks to that proposed by this application and the setback relief will~ve an adverse effect~ or impact on the physical or environmental conditions in the neighborhood'or district; (b) the uniqueness of the property with its size and character of the property lend to the difficulties in this proposal; ~age 33- Appl. No. 4160 Decision Rendered July 22, 1993 Application of SUSAN TASKER (c) the percentage of relief requested for a reduction of 62% of the requirements is substantial - although not personal to the landowner; (d) the variance requested is the minimum necessary to afford relief and there is no alternative available due to the limited size of the property; (e) the grant of the relief requested will not afford a benefit greater to the applicant and which will not be detrimental to the health, safety, or welfare of the community; and it will provide a benefit for the property owner to use his land for a zoning use allowable in this R-40 Low-Density Residential Zone. District; (f) the conditions established by all agency permits and approvals in this project must carefully and faithfully be followed by the property owner and her agents in order to prevent runoff or other discharge onto neighboring lands and to prevent any possible disturbance to the physical or ~nvironmental Conditions in this location; (g) the appellant's requests are not unreasonable in light of the limited upland area available for a residence, and the difficulties claimed are related to the land.rather than a personal hardship of the property owner; (h) in light of all the above, the interests of justice.will best be served by granting a variance, as further noted below.~ Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief requested under Appeal No. 4160 in the matter of the Application of SUSAN TASKER for an insufficient setback from the edge of the tie line of the ordinary highwater mark of the L.I. Sound, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Minimum side yard setback for all construction at not less than ten (10) feet from the westerly side property line; 2) The westerly sideyard must remain open a distance of 10 feet at all times, without the construction of steps or any type of obstructions; 3) Minimum total sideyards for dwelling construction shall not be less than 25 feet total for both sides; Page 34- Appl. No. 4160 Decision Rendered July 22, 1993 Application of SUSAN TASKER 4) Minimum setback of 38 feet for the enclosed construction (dwelling/livable floor area), and open deck addition not closer than 8 feet to the edge of proposed revetment and not closer than 32 feet to the ordinary highwater mark, all as shown on the survey amended May 18/ 1993 submitted for consideration under this application. 5) No building construction activities will be permitted until compliance with all other agency approvals and issuance of permits by the Southold Town Building Inspector's Office, N.Y.S. Department of Environmental Conservation, etc. No other construction activities until all agency permits applicable are in full force and effect. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 35- Appl. No. 4178 Decision Rendered July 22, 1993 Southold Town Board of Appeals Application No. 4178. ACTION OF THE BOARD OF APPEALS Application of JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construct open deck addition with an insufficient rear yard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000- 104-5-25. This size of this parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. WHEREAS, this appeal application was filed on July 11, 1993 concerning the June 21, 1993 Notice of Disapproval issued by the Building Inspector; and WHEREAS, after due notice, a public hearing was held on July 22, 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 (no opposition); and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting a reduction of the rear yard setback from the required 35 feet to 17-1/2 feet, at its closest point, to the rear (easterly) property line for a new open deck addition. The proposed deck addition is shown to extend 25'6" from the rear wall of the existing dwelling at its deepest angle and 28 feet at its widest angle, all as shown on the sketch submitted with the application. 2. This parcel is nonconforming as to lot area containing a total of 19,602+- square feet in this R-40 Low-Density Residential Zone District. -'Page 36- Appl. No. 4178 Decision Rendered July 22, 1993 Southold Town Board of Appeals 3. Also, the subject premises is a corner lot with frontage along two streets (two front yards) and is improved with a single-family, one-story dwelling. 4. For the record, it is noted that the small accessory shed shown on the sketch is not the subject of this variance application for the reason that applicant is proposing the locate the shed in the required rear yard at a minimum setback of five feet from the property lines. 5. In considering this application, the Board also finds and determines: a) there is no detriment to the health, safety, or welfare of the community, and the benefit afforded to applicant is not unreasonable; b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; c) the grant of this variance is strictly for a reduction of the rear yard setback for a proposed open deck which will not cause an adverse effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue due to the nature of the remaining yard areas and the configuration of this parcel; e)' the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is substantial in relation to requirements; g) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by'Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE a rear yard setback at 17'6" as requested for a new open deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: A) the deck remain open, unenclosed, and unroofed; 'Page 37- Appl. No. 4178 Decision Rendered July 22, 1993 Southold Town Board of Appeals B) there be no light which will glare onto neighboring areas; C) the accessory shed building shown as a proposal on the sketch shall be located in the required rear yard and shall meet the minimum setbacks from all property lines (presently five feet minimum instead of the three feet shown).~ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN NONCOMPLIANCE MATTERS: Members Villa, Dinizio and Goehringer authorized Chairman Goehringer to send a letter to the Building Department advising their office of noncompliance under .zoning, both.of which were the subject of applications before the Board of Appeals: 1) Hufe at the Corner of CR 48 and Kenny's Road, Southold. Noncompliance with ZBA conditions and removal of trailer. 2) Cross-Stitch Cat - remQval of sign which was placed -without approvals on chainlink fence at the easterly side of the premises. -Page 38 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals OTHER MEETING REMINDERS: The following committee meetings were noted on the calendar as of today's date: LEGISLATIVE CODE COMMITTEE: Meetings for: 7/28, 8/11, 8/25 PLANNING & ZONING COMMITTEE: 7/20 - canceled; next date is tentative only for 8/17 (taken from prior minutes of P & Z discussion). ZBA Regular Meeting: Wednesday, August 18, 1993. Copies of the monthly calendar prepared by the Town Clerk's Office was distributed to Board Members for the remainder of July and the calendar for August 1993 (as of this date and subject to change). RESOLUTION - ZBA PUBLIC HEARINGS FOR AUGUST 18, 1993: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that the following applications be and hereby are scheduled for public hearings to be held at a Regular Meeting on WEDNESDAY, AUGUST 18, 1993 before the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York: 1. 7:32 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. (Continued from 7/22/93 meeting). Variance for expansion of accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92 and which addition will be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; Parcel No. 1000-31-18-11. This property is nonconforming at a size of 2614+- sq. ft. 2. 7:35 p.m. Appl. No. 4188 - RUSSELL IRELAND, JR. for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at the rear of the dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 2, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. Page 39- Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals 3. 7:40 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a total area of 25,175 sq. ft., 100 ft. frontage along the south side of Clearview Avenue and 251.75 feet along the westerly side of Landing Path Road (unimproved), Southold, NY; County Tax Map District, Section 70, Block 09, Lot 53. 4. 7:45 p.m. Appl. No. 4185 - THOMAS J. McCARTHY (contract vendee). Current Owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applications of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, ~; District 1000, Section 127, Block 2, Lot 5.1 containing 59,984 sq. ft. in this R-80 Residential Zone District, for: A) Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and B) Appl. No. 4187 - Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. 7. 8:00 p.m. Appl. No. 4184- CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or fo~,erly of Pantel, referred to as Parcel ~1000-50-3-3.4, and over premises now or formerly of Suffolk County, Page 40 - Minutes Regular Meeting of July 22, 1993 Southold Town Board of Appeals known as Parcel ~1000-50-3-3.1. Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is requested for access and standards sufficient for emergency vehicles is shown as Parcels 91000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. Vote of the Board: AYES: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, p~~prove/ d~'-~l~dan .~Goeh~r~ RECEIVED AND /LED BY THE SOUTHOLD TOWN CT.~.RK Town Clerk, Town of Southold