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HomeMy WebLinkAboutZBA-10/18/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizie, Jr. Robert A. Villa Richard C. %Vilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES E TYNG MONDAY~ OCTOBER 18~ 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 tc Order by Chairman. A Regular Meeting was held by the Southo]d Town Board of Appeals on MONDAY, OCTOBER i8~ 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 Richard C. Wilton, Member Harvey A. Arnoff, Town Attorney Linda Kowalski, Clerk of the Board Absent was: Robert A. Villa, Member (out-Of-town) I. PUBLIC HEARINGS were held, noted as follows: 4193 for to less at.~ than 25 Drive, Mattituck, NY; County Tax Map Parcel No. 00-99-1-4~1. The subject premises is a nonconforming, substandard lot having an area Of approximately 18,500 square feet, located in the R-40 Low-Density Residential"Z0ne District. Mr. and Mrs. C!rprus appeared inbehalf of their application. No objectionS were received. (See board deter~ination, notedas follows:) Page 2 - Appl. No. 4193 Matter of NICK CYPRUS Decision Rendered October 18, 1993 FINDINGS AND DETERMINATION- Appeal No. 4193: Application for NICK CYPRUS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct garage.addition with a reduced westerly side yard at less than the required 10 feet, and total sideyards at less than 25 feet. Location of Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The subject premises is a nonconforming, substandard lot having an area of approximately 18,500 square feet, located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on OctoberlS, 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, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land shown on the Map of Captain Kidd.'s Estates as Lot No. 43 (and 1/2 cf as Lot No. 42 and 1/2 of Lot No. 44), which parcel of land is situate along the northerly side of sound Beach Drive, at Mattituck, containing a total lot area of 24,437+- sq. ft.; (b) isimproved with a single-family, one-story frame dwelling structure set back approximately 77 feet from the southerly front property line along Sound Beach Drive, 15 feet from the side (easterly) property line, approximately 70 feet from the northerly (rear) property line, and 27 feet from the subject side yard area to the west. The dwelling structure was built during 1985, and an addition was added in early 1992. Page 3 Appl. No. 4193 Matter of NICK CYPRUS Decision~ Rendered October 18, 1993 (c) is regulated by ~100-244 Of the Zoning Code as it pertains to less having more than 20,000 sq. ft. and less than 40,080 sq.'ft, of land area which was enacted in January 1989. 2. By this application, appellant has requested approval for a reduction in the westerly yard fora 20-foot extension beyond the existing outer side wall of the dwelling which will leave a setback ofbetween 6-1/2and 7 feet. The total setbacks would be 22+- feet. 3. The code requirement for a nonconforming parcel in this R-40 Zone District is l0 feet, With total sideyards'at 25 feet. 4. It is the position of the Board that the amount of relief requested is not substantial in relation to the requirement, being a variance of three feet. No other side yard would bereduced, and the addition is proposed as garage and~ storage area to be constructed over an existing concretepatio. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a three-foot variance, ~d the size of the deViatiOn is de .minimus; (b) a substantial change will not be produced in the character of the neighborhood; (c) ~he difficulty cannot .be obviates by sume method feasible for the appliCant t0Pursue other than another 'variance; (dj ~n view of the manner in which the difficulty arose and · and area is not available, the interest of justice Wili be served byallowing the three-foot side yard reduction. rs difficulties to the iayout~d shape and size of this parcel; (f) in considering all of the above factors, the interests of ~ustiCe Witlbe ..red~ction in the easterly'yard setback from the 7 fee~ (or 6-i/2 feet if needed for overhangs or ), as requested. Accordingly, on motion by Member Dinizio, seconded by Page 4 - Appl. No. 4t93 Matter of NICK CYPRUS Decision Rendered October 18, 1993 Chairman Goehringer, it was RESOLVED, to C~RANT the requested reduction to6-1/2 feet from the easterly property line for a proposed garage addition to the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:. 1. The easterly side yard of 15 feet remain opem and unobstructed at all times; 2. The garage addition shall not extend more than 20 feet out from the outer wall of the existing dwelling (as requested~. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villa was absent (out-or-town). This resolution was duly adopted. Page 5 - Minutes October 18, 1993 Regular Meeting Southold Town Board of Appeals PUBLIC HE~INGS, continued: 7:35 p.m. Appl. No. 4197 - Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, section I00-30A.2B approving an AccesSory Apartment Use in conjunction with owner's'residency in this existing dwelling situate at 1455 ALb0Drive, Laurel, NY; County Tax Map Parcel No. 1080-126-3-16. ~N0 Opposition was submitted. Mr. Arnold spoke in behalf Of his application.) The hearing was declared concluded, Pending delib~rati0ns and further revuew. 7:43 p.m. AppI. No. 4194 - Application of RACHEL VOEGELIN for a Variance to the Zoning Ordinance, Article Ill, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard area under the zoning definitions). Location of Property: '58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. [No opposition was submitted. Michael B~Iford, Esq. appeared as attorney in behalf of the applicant. No opposition was submittedl) See board determination, noted as follows: Page 6 _ Appl. No. 4194 Matter of RACHEL VOEGELIN Decision Rendered October 18., 1993 ACTION OF T~E BOARD OF APPEALS App1. No. 4194~ Matter of the Application of RACHEL VOEGELIN for a Variance. to.th~ Zoning Ordinance, krticle III, Section 100-33 for an accessory satellite diah structure, as installed, in the. southerly yard area (known as front yard area under thezoning definitions). Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. WHEREAS, after due notice, a public hearing was held on October 18, 1993, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefullyconsidered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewedand 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, filed on September 24, 1993, of the August 17, 1993 Notice of Disapproval by the Building Inspector requesting a variance for approval of the~ptacement of an accessory structure (satellite dish) in what is technically considered the front yard area by the definitions of the Southold Town Zoning Code. 2. The.premises in questionis a conforming lot located in theRe80 Residential Zone District containing a lot.area of two (2) acres. The map submitted :an existing one-story/two-story dwelling structure 90 feet from the southerly property line which runs along a 50 ft. right-of'way (now or fo£merly of The Edwin MooneyJr. Living Trust) abuttingthe L.I.R.R. Also existing is an accessor~ barn (storage) building to the north of the dwelling, and small accessory (storage) shed situated in the easterly Yard area, or rear yard. 3. The accessory structure which is the subject of this application is also existing, although not shown on the June 22, Page 7 - Appl. No. 4194 Matter of RACHEL VOEGELIN Decision Rendered October 18, 1993 1993 map (prepared by Roderick VanTuyl, P.C. for a proposed, but withdrawn and inactive application for a lot-line change). A rough sketch was submitted during the hearing which confirms the setbacks to be approximately 60 feet from the westerly property line, approximately 40 feet from the southerly (front) property line, and 45+- feet from the open deck area of the house. 4. For the record, it is noted that this structure is accessory and incidental to the residence. Therefore, the accessory use of this type of structure is listed as a permitted use under the provisions of ~100-3IC. 5. This structure will be in conformance with the height requirements {at less than 18 feet total from ground to peak}. 6. It is the position of the Board in considering this application that the location of this satellite dish structure is not unreasonable, particularly since the location chosen is the yard area facing the Long Island Railroad tracks and is not visible from a street or other dwellings in the area. 7. Also, the Board finds: (a) the circumstances are not personal to the landowner and are uniquely related to the property, although the practical difficulty claimed is self-created; (b) the requested location of the accessory structure is not unreasonable and is aesthetically purposeful; (c) the relief requested is the minimum necessary, without an impact on the co~Lm.unity or desired area, and the variance is not a substantial deviation from the requirements; (d) the area for this accessory structure is quite distant from all property lines and other buildings; (e) this application does not involve a project requesting increased dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is strictly an accessory structure; (g) the variance will not cause a substantial change or adverse affect related to the public health, safety and welfare which would require strict adherence to the zoning standard; and Page 8 - Appl. No. 4194 Matter of R~C~IELVOEGELIN Decision Rendered October 18, 1993 (h} in view of the above fadtors, the interests of justic~ will be served by allowing the variance, as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED~ to GRANT the relief requested under Appt. No. 4194 in the Matter of the Application of RACHEL VOE~ELIN for approval of the location of an accessory satellite dish, as requested and loCation and dimensions shown in the photographs and file documents considered herein. It is further noted that in the event a building permit and certificate of occupancy is not properly obtained and issued in accordance with all provisions of law for this construction within one (1) year of the date hereof, this variance shall become null and void, having no effect or validity whatsoever. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Wilton. (Member Villa was absent {out-of-town}~. This resolution was ~uly adopted. Page 9 - Minutes October 18, 199'3 Regular Meeting Southold TOwn Board of Appeals 7:51 p.m. Appt. No. 4192 - ROGER AND F~kDELYN STOUTEN~URGH for ~ variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of' man-madeberm, as situated~ with a height in excess of four feet from ground~ level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3. (Roger Stoutenburgh spoke in behalf of his application. No oPPOSition was submitted.) See board determination rendered during meeting after continuation of testimonY for~remaining public hearingsi) 7:57 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance under New York Town Law, Section 280-A, for accep~anceof minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal-Hearing and Determination rendered under Appt. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Co~,at, encing at a PO n~ along the north slde of Oregon Road, CUtchogue, along the westerly side of lands of Bokina/ over ~ands now Or formerly of William J. Baxter and others identified as Lot 1.9, BloCk 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direetion approximately 563 feet to the aPPlicant's parcetof land identified as Lot 1, Bloc~ 2, Section 73, District 100.0, all as shown by s~rvey amended June 17, 1992, prepared by RoderiCk ~vanTuyi, P.C. (Opp6sition wasreceived b~ the Bokina family du~ing the hearing -- s~e h~aring transcript Prepared in written, verbatim form') Moti9n was made by Cnairman' Goehringer, seconded by Member ' Doyen, after receiving testimony, to recess this hearing until the next regular meeting, to wit: November 8, 1993 for the purposes of staking the right-of-way for'board member inspection and leceiving a new survey delineating the actual traveled Portions andwooded area 'of the northerly east=west right-of-way. All Members concurred. 8:12~8:30 side of No. 4196 - Appl~ation of ALLEN a Variance under Ar~iclel'xX place canopy-typesign buitdi~g to adverse Location Main appeared as agent-contractor for the applicant. No public opposition was submitted during the hearing.)Board member(s) expressed concerns as to the use of the subject "tire" building which has a certificate of occupancy for an accessory building rather than as a principal business use. Further application Page 10 - Minutes October 18, 1993 Regular Meeting Southold Town Board of Appeals may be necessary concerning other activities and signs at the premises, some of which do not appear tohave approVals or permits. Motion wasmade by Chai~n Goehringer, seconded by Member Dinizio, and duly carried, to recess the hearing, pending re-notice before re-calendaring.~ 7. 8:32-10:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS, LTD. Request for Variance to the ZOning Ordinance, ArtiCle VII, Section 100-72 for approval-of more than one principal use On proposed Lot No. 4 of 39,219+- sq. ft. (excluSive of right-of~waY~ar~a). APPlicantis also before the Southold Town planning Board for a four-lot minor subdivision. The premises presently contains a total lot area of 5.835 acres and~is improved'with: (a) the northerly building which was converted in i98~ifrom a barn for th? storage of antiques to an architect's office as shown on the site plan map p~epared by Samuets-Steelman, approved b~ the Planning Board 1.2/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a seParate garage s~rUcture; (d) a separate shed. Location of Property 25235 Main Road, Cutchog~e, NY; County Tax Map Parcel No. 1000-I~9-1-23. J. Kevin McLaughlin, Esq~ appeared with Thomas'~0rman, Jr. for the applicant. Also attending the hearing Was~RiChard F. Lark, Esq. and'Barbara Haurus in opposition to the application. Please see hearing transcript prepared in written, verbatim form. 8. 10:03 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, section 100-231(A) for approval of fence height ~.hOve four feet, as exists. Location of Property: 552 East Road, Cutchogue, NY; county Tax Map ParCel No. 1000-110-7-I8.2. Jarvis Verity appeared in behalf of the applicant. No opposition was submitted during the hearing. See board de%erminatiOn, noted as follows: Page 11 - Minutes October 18, 1993 Regular Meeting So~o~ld Town Board of Appeals FINDINGS AND DETERMINATION Appt. No. 4198: Matter of DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-23i(A) for approval of fence height above four feet, as exists. Location of~Property: 552 East Road, Cutchogue, NY; County Tax Map parcel No. 1000-110-7-18.2. WHEREAS, after due notice, a public hearing was held on October 18, I993, 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 ~ubmitted concerning this application; and WHEREAS, Board Members have persona!lyviewed and are familiar with the premisesin question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings o~ fact: · 1. By within ar~ six feet. The length of the is feet in the front yard, and approxim~tely lance is not requiredfor those yard areas other than yard.~ This fence enclosure is intended to fully enclose the entire parcel. 2. A copy'of hasbeen subm~t%edwith th~ (c) accessory Storage building near the beach, (d) bulkhead along Great Peconic BaY. Page 12 - Appt. No. 4198 Matter of DR. GEORGE KOFINAS Decision Rendered October 18, 1993 The pool and fence enclosure will require final approval by the Building Department Concerning the application for a Certificate of Occupancy under the 12/12/91 Building permit. 3. Article XXIII, Section 100-231 of the Zoning Code provides that a fence ta be situated along the front property line be erected and maintained at a height not exceeding four feet. (FenCesalong the side and rear yard areas are permitted at a height up to 6-1/2 feet.) 4. It is the position of the Board in considering this application that: (a) the property is uniquely situated at the end of a private right-of-way located off the south side of East Road, which is screened on both sides by hedges at a height of approximately eight feet; (b) the circumstances are not personal to the landowner.: (c) the relief requested is not substantial; (d) the application does not involve a request for an increase of unit density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a-fence for.security, screening and privacy purposes; (e) the relief requested is not unreascn~hle due to the uniqueness of the property and the surrounding areas; (f) there is no Other alternative available; (g) the variance will not in turn be adverse to the four feet near the Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT relief for the placement of fencing in Page 1'3 - Appl. No. 4198 Matter of DR. GEORGE KOFINAS Decision Rendered October 18, 1993 or along the front yard areas at a maximum height of six feet, as requested. Vote of the. Board: Ayes: Messrs. Doyen, Dinizio, Wilton and Goehringer. {Member Villa was absent (out of town)}. This resolution was duly adopted. End of Hearings. If needed, please see written transcript of verbatim statements made duringtonight's hearings (which has been prepared under separate cover and filed with the Town Clerk's Office with the original set of Clerk's Minutes). 10:15 p.m. Regular Public Meeting continued: DELIBERATIONS/DECISIONS, continued on next page. Page 1~ October 18, 1993 Matter of MR. AND MRS. HARLEY ARNOLD Appl. No.~ 4197 - Special Exception FINDINGS AND DETERMINATION Appl. No. 4197-SE. - Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section t00-30A.2B approving an AccesSory Apartment use in conjunotionwith owner's residency, in this existing dwelling situate at 1455 Atbo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. WHEREAS, a public hearing was held on October 18, 1993, at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concern~g this application; and WHEREAS, the Board made the following Findings of Fact: 1. BY this application, appellant is requesting a SPecial Exception to the Zoning or~di~'an~e, Article III-A, SeCtion 100-30A.2, Subsection B{t) and Article III, Section 100-30B(14) for permission to establish "Accessory Apartment" use withinthe same footprint of the existing principal structure, as more particularly shown on the sketched map and floor plans submitted under this application. 2. The premises in question islocated in the "R-40" Low-Density Residential Zone District and containsa total lot area Of approximately 32,670 sq. ft. and road frontage along the easterly side of Albo Drive of 126.27 feet as shown on the August 16, I993 survey prepared by Roderick VanTuyt, Licensed Land Surveyor. .story (split-level) and attached garage, upperdeck at the rear of the dwelling and concrete (pati6) area(s). The'setbacks of the dwelling footprint scales~out to be: (a) 30 feet from the northerlyside property line lb) 45+- feet from the southerly side property line; (c) 40+- feet from the front property line along Albo'Drive, all at their closest points. Page 1~ October 18, 1993 Mat~er of MR. AND MRS. HARLEY ARNOLD Appl. No. 4197 - Special Exception 4. The requested "Accessory Apartment" is shown to be 21 f~. by 23 ft., or 483 square feet of livable floor area on the first floor level behind the garage area of the dwelling structure. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1792+- square feet, or 79 percent of the total existing living area. This proposal meets the requirement of subsection (d) which requires the accessory apartment not be less than 450 square feet of livable floor area, and subsection (e) w~ich requires that the livable floor area of the remaining unit Be not less than 60 percent of the total dwelling, as exists. 5. Article IIIA, Section 100-30A.2(B-1) (ref. Article III, Section 100-31B(14), permits the establishment of this use as an accessory to the residency of the owner in the subject dwelling, and further subject to conditions (a) through (q). It is noted for the record that the following Certificates of Occupancy and Building Permits were issued for the dwelling construction: a) Certificate of Occupancy #Z-2016 dated October 29, 1964 issued for a "private one family dwelling," and conforming to Building Permit No. 2472Z dated July 28, 1964; and b) Certificate'of Occupancy 9Z-15294 dated Feb- ruary 24, 1987 issued for a "deck addition to existing one family dwelling" and conforming to Building Permit No. 15269Z dated September 17, 1986; and c) Certificate of Occupancy ~Z-t6047 dated August 14, 1987 issued for an "inground swimming pool and fence" and conforming to Building Permit No. 15476Z dated November 8, 1986; and d) Certificate of Occupancy ~Z-22609 dated Septem- ber 23, 1993 for an "addition and alteration to existing one family dwelling as applied for" and conforming to Building Permit #21320-Z dated April 8, 1993. 6. The pr0visions of the zoning code pertaining to parking also requires a total of four (4) parking spaces: two parking spaces for the one-family principal use and two parking spaces for the proposed Accessory Apartment. (The existing, available one-car garage is permissible under the code to be allotted as one parking space.) 7'. It is the position of the Board Members that all the conditions and standards established by the zoning code for an accessory apartment are satisfied and acceptable. Page 16- October 18, 1993 Matter of MR. AND MRS. HARLE~ ARNOLD Appl. No. 4197 - Special Exception 8. In considering this Special Exception application: (a) the Board has given consideration, among other things, to Sections {A} through {p} as provided by Article XXVI, Section 100-264 of the' Zoning Code; (b) the Board has determined that the use requested will not prevent thearderty and reasonable use of adjacent Properties or of properties in adjacent use districts; (c) the Board has determined that the~use will not adversely affect the safety, welfare, comfort, convenience or order of the town; ~(d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Member Wilton, seconded by Mr. Goehringer, 'it was RESOLVED, that the request for a Special Exception for an "Accessory APa~ent" in the Matter of MR. AND MRS. HARLEY ARNOLD under Appl. Nol 4197, BE AND REREB¥ IS APPROVED SUBJECT TO COSIPLIANCE WITH SUBSE~IONS (a) through (q) of ~100-31B14 OF THE SOUT~OLD TOWN ZONING CODE and as follows: 1. Subsections (a thru q) of Section I00-3tB(t4), Article III, of the Zoning Code must be complied with. 2. The size of the main dwelling unit shatl not be less than 69 percent of the total existing floor area, or 1365 square feet; 3. The accessory apartment not exceed 40 percent of the livabie floor area of 'the existing dwetlingunit, or 9'10 sq. ft. 4. There shall be no outside stairwells for either dw~tting unit ~onty interior stairs or other interior access for entering 0r exiting the residence) as required by Subsection (i), Section t00-31B(14). Vote of the Board: Dinizio, and Wilton. Ayes: Messrs. ~oehringer, Doyen, {Member Villa was absent (out-of-town}}. This resolution was d~ly adopted. Page 17- Appl. No. 4192 Matter of ROGER AND MADELYN STOUTENBURGH Decision Rendered October 1'8, 1993 ACTION OF THE BOARD OF APPEALS Appl~ No. 4192: jMatter~of ROGER AND MADELYN STOUTENBURGH for a Variance to the Zoning Ordinance, Article E/III, Section 100-231A, for a~p~oval~of man-made berm, as situated, with a height in excess oz sour zeet from ground level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3. WHEREAS, after due notice, a public hearing was held on October 18, 1993, and at said hearing all those-who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefullyconsidered all testimony and documentation submitted concerningthis 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 followingfindings~of fact: 1. By this application, appellant requests approval of a berm which has been placed along the front yard area (Skunk Lane~ above the four-foot height requirement. Theberm is composed primarilyof earth (dirt) intended for privacy, security, and/or visual screening purposes, and applicant confirms that the height is presently at 621/2 to 7 feet from ground level, although it looks higher since the property slopes down toward the street. 2.. The exact length of the earthen berm has not been submitted, but is estimated~by board member(s) to be a distance of approximately 250 feet running parallel with and along the street. ' '3. The suvey map. submitted for consideration in this application shows thatthe property is improved with a one-story frame house set back 45.2 feet from the front property line, and a new driveway extends from the northerly end of the berm ~rea towards the front (road side) of the dwelling. Page 18 - Appt. No. 4192 Matter of RO~-ER AND MADELYN STOUTENBURGH Decision Rendered October 18, 1993 2. The premises in question is located in the A-C Agricultural-Conservation Zone District. The owners of the subject dwelling own other vacant land which is contiguous to this property. Both lands are identified on the Suffolk County Tax Map as Lot Nos. 2 and 3 of Section 7, Block 4. Both lots, when combined, total 3.2+- acres. 3. The relief requested by this application concerns the requirements of Article XXIII, Section 100-231A of the Zoning which provides that "fences, walls or be£ms ... when located in the front yard of residential zones, the same shall not exceed four (4') feet in height... " 4. It is the position of the Board Members in considering this application that: (a) the 6-1/2 to 7 ft. height requested is not the minimum necessary; (b) an alternative which is more feasible under the circumstances is to place an earthen berm at not more than five feet in height; (c) there are circumstances which would lend to the granting of a five-foot height berm; (d) the relief is substantial as applied, being a variance of up to 50 percent of the requirements for the additional two-foot height; (e) this is not an application which would involve any increase of dwelling unit density and therefore the relief requested will not cause a substantial effect on available governmental ~cilities since the structure is a fence for ' security, screening and privacy purposes; (f) the alternative granted is not unreasonable due to the uniqueness of the property and the immediate area; (g) there is no other alternative economically feasible for appellant to pursue; (h) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. ~ccordingl¥, on motion by Member Wilton, seconded by Chairman Goehringer, it was Page~ 1~ Appl. No. 4192 Decision Rendered Octel:~r 18, 1993 ~ESOLVED, to DENY the relief as requested for a variance as' to total height at seven feet; and BE IT FURTHER he' _~ES~L..V~D, to,SRANT ALTERNATIVE RELIEF for a maximum lgnt or ~ive (5) feet within the front property line of SkUnk Lane, subject to the following conditions: of ~-- '~! ~t~ earthen beia~,~be re-shaped to a ma~_~mlm height ~ ~ ; ~ee~ an~ contoure~ at a 1:2 slope (within the property lines) and be adequately landscaped and continuously malnt&ined with vegetation or other live plantings (there shall be no height limitation on live plantings or other vegetation); 2) there be no water runoff from the property onto Skunk Lane, and subject to the applicant's installation of .~ssibIe future drainage or swelling as may deemed necessary by u~e SOuthold Town Highway Department to retain Or prevent any runoff or interferences. Vote of the Board: Ayes: and G~ehringer. - Absent was: resolution was duly adopted. Messrs. Doyen, Dinizio, Wilton Member Villa (out of town). This Page 20 -Minutes Regu%ar Meeting of 'October 18, 1993 Sout~old Town Board of Appeals SEQRA Reviews/Updates: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was not~ Vote ~(Age] RESOLVED, to CONFIR~ the following SEQRA declarations and :e thereof on the ToWn Clerk's Bulletin Board: Type II Actions: a) Roger & Madelyn Stoutenburgh - berm exceeds 4' height in front yard. b) Nick Cyprus - construct garage with reduced sideyards. c) Rachel Voegeiin - for accesssor!rsatellite dish structure, as installed. d) Petrol Stations, Ltd. (by J. Kevin McLaughlin, Esq.) Lot $4 insufficient area/for 3. uses. Negative Declaration (Unlisted Actions): a) Becky Johnston - R-O-W, as amended, over Baxter easement. b) OVsianik Enterprises Ltd. - Canopy sign. c) Harley & Jo¥ce Arnold - Access. Apartment Use in conjunction w/owner's residence. d) George & Maria Kofinas - Fence over 4', as exists. Ayes: Ail. This resolution was duly adopted. ~da Item $III.) OTHER/REmINDERS/UPDATES: A) Legislative Code Committee Meetings: Nov. 10, Nov. 27 - 7:30 p.m. B) Planning & Zoning Co~m~ittee Meeting: for Oct. or Nov. Oct. 27, None calendared APPROVAL OF' NEXT MEETING DATE: On motion to the newspaper deadline for advertisement, pursuant to law: Pag~ 21 - Minutes Regular Meeting of October 18, 1993 Sout~otd Town Board of Appeals 1) Appt. No. 4199 (PsylIos) 2) Appt. No. 4200 (Andresen) 3) APPI' No. 4201 (North Fork Country Club}. Ayes: Ail. This resolution was duly adopted. APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Doyen, and duly carried, it was RESOLVED, to approve the Minutes, as submitted, of the September 20, 1993 Regular Meeting of this Board~ This resolution was duly adopted. There being no other business properly coming before the Board at thistime, the Chairman declared the meeting adjourned. The_meeting adjourned at approximately 10:40 p.m. Respectfully submitted, L~nda Kowal~ki, Clerk //~-~/~~/$outho]d T¢ wn Board of Appeals /~ppr~ved - GeraFd P. ~oehring~r ~ / Chairman /