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HomeMy WebLinkAboutZBA-05/19/1998 SPEC APPEALS BOARD MEMBERS ��guFFO(�co �O G Southold Town Hall Gerard P. Goehringer, Chairman Z- �:c 53095 Main Road James Dinizio,Jr. C P.O. Box 1179 Lydia A.Tortora O Southold, New York 11971 Lora S. Collins y O� ZBA Fax(516) 765-9064 George Horning Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Resol. to file M I N U T E S adopted 6/11/98 SPECIAL MEETING TUESDAY, MAY 19, 1998 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, MAY 19, 1998 commencing at 7:00 p.m. 7:00 p.m. Gerard P. Goehringer, Chairman called the meeting to order. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr. , Member Lydia A. Tortora, Member Member Lora S. Collins Linda Kowalski, Board Secretary Absent-excused: Member George Horning (CT travel). A. DELIBERATIONS/DECISIONS (Agenda Item II): DELIBERATIONS/DECISIONS (carried over from prior meeting agenda of 5/14/98). The Board took action on the following applications; the originals as adopted and filed with the Town Clerk's Office are attached at the end of the Minutes: Appl. No. 4554 - D. LAVEGLIA. (Decision attached) Appl. No. 4565 - STEVEN ZUHOSKI. (Decision attached) Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. (Decision attached.) Appl. No. 4525 and 4526 - T. PETIKAS. (Decisions attached.) Page 2 - Minutes Special Meeting - May 19, 1998 Southold Town Board of Appeals B. SUBMISSIONS FOR BOARD REVIEWS/RESOLUTION (Agenda Item I). (New applications received as of 5/18). RESOLUTION: Motion was made by Chairman Goehringer, seconded . by Member Dinizio, to AUTHORIZE AND DIRECT advertisement of the following applications for public hearings to be held June 11, 1998, in addition to those previously authorized by resolution: F. Gaston, C. Synder, C. Fritscner, S. Patzi, and E. Cielatka, and Ratti filed at 3 p.m. today for minor front yard setback of dwelling (existing foundation plus new 30 inches) . Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, and Collins. (Member Horning was absent.) This Resolution was duly ADOPTED (4-0). 9:12 P.M. DELIBERATIONS: Appl. No. 4547 - RIVERHEAD BUILD- ING SUPPLY. Board Members discussed the application and reviewed the map submitted for consideration. It was not clear whether outside .storage is to be removed from the project, or enclosed in a building in the easterly side yard, and Board felt it was not clear by the record. Motion was made by Chairman Goeh- ringer, seconded by Member Dinizio, to READVERTISE APPEAL NO. 4547 for a public hearing ON Thursday, June 11, 1998 at 5:45 p.m. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, and Collins (Member Horning of Fishers Island was absent). This Resolution was duly ADOPTED (4-0). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting ended at approximately 9:53 p.m. Respectfully submitted, Linda Kowalski 5/29/98 Board Secretary Attac ents: ). RECEIVED AND FILED BY TfIf; SOUTHOLD TOWN CLL IK ppro d for Filing 6/ 8 Gerard P. Goehringer, Chairman . DATE HOUR Town Clerk, Town of Southold y. APPEALS BOARD MEMBERS o�pS11FF0( Co � Southold Town Hall Gerard P. Goehringer, Chairman o Gyc 53095 Main Road James Dinizio,Jr. c� P.O. Box 1179 ^' Southold, New York 11971 Lydia A.Tortora • Lora S. Collins y�lj0 �O� ZBA Fax(516)765-9064 George Horning Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No. 4564 - BAYVIEW/SOUTH HARBOR PARTNERSHIP PARCEL 1000775-4-2 STREET & LOCALITY: 1450 South Harbor. Road, Southold DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property fronts aing the easterly side of South Harbor Road, Southold, and is referred to as Plot #1 on the Cluster Subdivision Map of Bayview South Harbor Partnership,. Section 2. This lot contains a total area of 48,997 sq. ft. with 286.68 ft. frontage along South Harbor Road. The survey map dated February 1.2, 1998 shows that the subject premises is improved with two concrete foundations. BASIS OF APPEAL: Building Inspector's February 10, 1998 Action of Disapproval which reads as follows: "proposed accessory garage . . .in an R-80 District is required to be in the rear yard pursuant to Article III, Section 100-33." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a_ 20' by 24' accessory garage building separate from the proposed dwelling location a minimum of 74+- feet from the northerly property line, and a minimum of 66.9+- feet from the property line along South Harbor Road. The building envelope designated on the Cluster Map shows the area recommended by the Planning Board to allow flexibility (adjustments) in locating a principal building. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the requested side yard location is consistent with the goals of a conservation plan between the applicant and the Peconic Land Trust to preserve the open farm vistas, not only for this three-lot cluster subdivision, but for the enjoyment of neighboring properties as well. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other, than an area variance. The lot is long and narrow, and the proposed side yard location is less conspicuous than a conforming rear yard location because the accessory Page 2 May 19, 1998 Appl. #4564: 1000-75-4-2 (Bayview/South Harbor LP) Southold Town Board of Appeals garage would be partly shielded from view on South Harbor Road by the principal structure and a mature natural tree line. (3) The requested area variance is not substantial and conforms to the code-required front, side and rear yard setbacks for principal structures. The variance is consistent with the planning goals of the town and with this conservation project. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be in keeping with the location of the original farm house and structures on this property and will provide open vistas that will enhance and preserve the neighborhood. (5) The situation has been self-created and is .due to the applicant's desire to reduce the potential density on the parcel and maximize vistas through layout and design. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Fishers Island Member George Horning was absent and excused due to time-travel schedule conflicts.) This RESOLUTION was duly adopte .GERARD P. GOE INGER, CHA N Approved for Filing 5/25/98 AS400/txtlk/actions.all/75-4-2 APPEALS BOARD MEMBERS 11FF0(�e . �p�.. OG Southold Town Hall Gerard P. Goehringer, Chairman c y1 53095 Main Road James Dinizio,Jr. ti x P.O. Box 1179 %$-_ "? Southold, New York 11971 Lydia A.Tortora • �. Lora S..Collins y�J�! �.a0� ZBA Fax (516)765-9064 George Horning Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 19, 1998 Appl. No. 4554 - D. LAVEGLIA PARCEL 1000-94-2-3 STREET & LOCALITY: 3000 Sound View Road, Mattituck DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the southerly side of Sound View Avenue, Mattituck, and contains a total area of approximately one . acre. The July 6, 1992 survey submitted under this application shows that the subject premises is improved with a 1-1/2 story, single-family residence, in-ground pool, and the subject accessory garage building under construction (B.P.. #2265 7). BASIS OF APPEAL: Building Inspector's February 24, 1998 and March 6, 1998 Notices of of Disapproval which state that the accessory building will exceed• maximum allowable height of 18 feet under Article III, Section 100-33A, and that under section 100-3313.3 accessory building on lots lots containing between 39,999 and 79,999 sq. ft. require such building be set back no less than 10 feet from any lot line, and the staircase of 3 ft. , +- will now be a minimum of 9 ft. from the rear lot line. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant is requesting a variance, based upon his amended application for a building permit, to add unroofed decks around the top of the accessory building, and placement of railing, which requires a height variance of 30 inches at the top. The setbacks of the existing two-car garage, with the 3-ft. wide stairway, are proposed at nine (9) feet from the southerly rear property line and at 14 feet from the westerly side property line. Applicant offered as a condition of this' variance planting and maintenance of six (6) Arborvitae or Cedar trees, four-foot apart, at a minimum height of six feet along the southerly rear property line. Page 2 of 3 - May 19, 1998 Appl. #4554: 1000-94-2-3 (Laveglia) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant has recently added a second floor to his existing garage and designed the addition with a flat roof intended for use as a deck. However, the roof is 18 feet above the ground, the maximum allowed under the- Zoning Code, and applicant has therefore applied for a variance to permit addition of a 3-ft. high open railing around the deck. Applicant has also requested a property line setback variance to allow the stairs to the second floor, only 9 feet from the southerly property line. On the basis of testimony presented and personal inspection, the Board makes the following findings: 1) The proposed building height of 21 feet, including the railing, will not have a visual effect that is detrimental to the neighborhood provided that the rooftop deck is adequately screened from view. 2) Taken as a whole, the requested height and setback variances are substantial. 3) Because the flat-roofed second floor has already been constructed, there is no feasible way for applicant to obtain the benefit of a rooftop deck other than through construction of the proposed 3-foot railing. 4) The propopsed work will not have 'an adverse effect or impact on physical or environmental conditions. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to have a roof deck while also preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by .Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variances allowing a one ft. reduction in the rear yard setback (to a 9 ft. minimum setback) and allowing construction of an open railing 3 feet high on the garage roof, subject to the following CONDITIONS: 1) The building shall at all times be used only for purposes accessory and incidental to the use of applicant's dwelling. The building shall under no circumstances be used for habitation. 2) Applicant shall plant a screening line of trees along the southerly property line, beginning no more than four (4) feet from the westerly property line and extending at least 60 feet eastward. Such trees shall Page 3 of 3 = May 19, 1998 Appl. #4554: 1000-94-2-3 (Laveglia) Southold Town Board of Appeals be cedars or arborvitae, at least 8 feet tall, planted 4 feet apart, and shall be continuously maintained - including replacement if necessary. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. This RESOLUTION was duly ;ERARD PTE - P. GOEHRIN R, C IRMAN Approved for Filing AS400/ACTIONS.ALL/94-2-3 APPEALS BOARD MEMBERS O��SIIFFO��CO � G Southold Town Hall Gerard P. Goehringer, Chairman c y� 53095 Main Road James Dinizio,Jr. Cn P.O. Box 1179 x Lydia A.Tortora O Southold, New York 11971 ?, p� ZBA Fax (516)765-9064 Lora S. Collins �4j Telephone(516)765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No. 4565 - STEVEN ZUHOSKI PARCEL 1000-95-4-18.12 STREET & LOCALITY: 1090 Gold Spur St. , Cutchogue DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above*identified property is located on the northerly side of Gold Spur Street, Cutchogue, and is known as Lot 12 on the Map of Oregon View Estates. This lot contains a lot area of approximately 47,000 sq. ft. The September 30, 1997 Survey prepared by Young & Young, L.S. submitted under this application shows that the subject premises is improved with a single-family, two-story frame dwelling and accessory swimmingpool and storage building located in the rear yard. BASIS OF APPEAL: Building Inspector's March 30, 1998 Notice of Disapproval which reads as follows: ".. .the proposed addition encroaches on the required side yard setback by 13 feet. Under Article XXIV, Section 100-244, nonconforming lots require 20 ft. side yard setback. (47,161 sq. ft. - nonconforming in an A-C Zone). . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The relief requested by applicant is for a proposed addition at the westerly portion- of the existing dwelling with a minimum setback of approximately seven (7) feet. The addition is proposed to consist of a two-car garage with deck and addition. off the existing kitchen area. At the May 14, 1998 hearing, applicant has alternatively offered a 10 ft. side yard setback for an addition of similar size. (The applicant has not confirmed the exact size of the entire addition, nor have construction plans been prepared for consideration by the Board.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant has proposed a kitchen expansion and new two-car garage at the west end of his house. As proposed, this project would result in a side-yard setback of only 7 feet from the westerly property line, whereas the Zoning Code requires 20 feet. On the basis of testimony presented and personal inspection, the Board makes the following findings: Page 2 - May 19, 1998 Meeting Appl. #4565: 1000-95-4-18.12 (Zuhoski) Southold Town Board of Appeals 1) The requested variance, allowing a setback of only 7 feet, would be substantial and would have an undesirable effect on the appearance of the neighborhood. 2) There are feasible alternative building layouts, and the applicant acknowledged at the hearing that acceptable alternatives are available. 3) The minimum action necessary and adequate to enable applicant to expand his house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, is to grant a variance from the Code's sideyard setback requirement, but to require a setback greater than the seven feet proposed by applicant. RESOLUTION/ACTION: On motion by Member Collins, seconded by. Members Dinizio and Goehringer, it was RESOLVED, to (deny the 7 feet requested and) GRANT applicant a. variance allowing construction at the west end of the house for an addition designated by applicant that• shall, at its closest point, be no less than twelve (12) feet from the westerly property line and that shall otherwise comply with all applicable provisions of the Code VOTE OF THE BOARD: AYES: MEMB S GOE GER, DINIZIO, TORTORA, and COLLINS. GERARD P. GOEHR NGER, CHA N Approved for Filing 5/25/98 ************************************ AS400/txtlk/actions.all/95-4-18.12 APPEALS BOARD MEMBERS �OSUFFO(,�co �O G Southold Town Hall y� 53095 Main Road Gerard P. Goehringer,Chairman c - P.O. Box 1179 James Dinizio,Jr. ti r= �- Southold,New York 11971 Lydia A.Tortora • y � ZBA Fax(516)765-9064 Lora S. Collins ��1 �►�� Telephone(516)765-1809 ! George Horning BOARD OF APPEALS. TOWN OF SOUTHOLD RECEIVED AND FILED B THE SOUTHOLD TOWN CLERI FINDINGS, DELIBERATIONS AND DETERMI TE sl�7l�tF HOUR : Y.0 f. REGULAR MEETING OF MAY 19, 199 Appl. No.4526 V THEODORE AND MARIA PETIKAS Town Clerk, Town of Southold TAX MAP PARCEL 1000-35-1-8 STREET&LOCALITY: Corner of Routes 25 and 48 and Sound Road,Greenport DATE OF PUBLIC HEARING: March 23, 1998 and May 14, 1998 1. REQUESTS MADE BY APPLICANTS THEODORE AND MARIA PETIKAS for A) Area Variance to Article III,Section 100-30A.3, to the Bulk Schedule for Residential Districts,and to the Density and Lot Size Schedule for Residential Districts of the Code of the Town of Southold for permission to construct and establish a detached two- family dwelling on an undersized nonconforming lot containing 21,483 sq.ft.in a R-40 Residential Low-Density instead of 80,000•sq.ft.minimum as required for two-family dwellings(R-40 Zone requires a minimum of 40,000 sq.ft.for single-family residence). l B)Area Variance to Article XXIII,Section 100-231 of the Code of the Town of Southo d for permission to erect a(6)six-foot height fence in a front yard area instead of the code- limited(4)four-foot height,beginning at the west front property and extending easterly WO feet in length along the front property along County Route 48 C)SPECIAL EXCEPTION under Article III,Section 100-31-13(1)of the Code of the Town of Southold for permission to establish two-family use in a proposed two-story dwelling on an undersized 21,483 sq.%lot in the R40 Low Density Residential District,This request Is addressed In as?parate decision 11.PROPERTY FACTS/DESCRIPTION: The property is located in a R-40 Residential Low Density District.on the northwest comer of County Route 48(North Road),(State Route 26)and Sound Road,Greenport,Town of Southold.The subject property contains a total area of 21,483 sq.ft.The lot size as exists is substandard and nonconforming for this R-40 Low Density District,meeting only 62% of the lot size requirement. Applicants' proposal is to erect a 48 ft.by 28 ft. two-story,two-family dwelling on an unimproved lot which has frontages of approximately 200 ft.on Route 48,and 100 ft.on Sound Road.The proposal calls for a single point or driveway for vehicle access from Sound Avenue,a front yard building setback of approximately 110 feet from Sound Road,a minimum front yard setback at.40 ft.from the County Route 48/North Road,and a minimum Page 2 - May 19, 1998 Appl . #452-IN : 10 0 0-35-1-8 (Pertikas Variances) Southold Town Board of Appeals of 20 ft.from the closest(rear) northerly property line. The May 5, 1985 survey, amended May 9, 1985 and June 6, 1985,submitted under this application shows that the property was vacant in 1985 with the exception of a small shed, located approximately 24 feet from the property line on Sound Road,. This shed was at one time used to sell farm produce and no longer exists today. The property is unimproved. The 1985 survey also indicates that an easterly portion of the property,approximately 9,776 sq.ft.,was zoned 'B' Business, and the larger westerly portion of the property(11,707 sq.ft.) was zoned 'A' Residential. The easterly portion of the property was rezoned in January 1989 to R-40 Low Density Residential under the town's comprehensive update of its master plan and zoning regulations. Since January 1989,the entire lot was zoned Residential (R-40 Low- Density) in which a single-family residence on 40,000 sq.ft.minimum is required. Prior to .1989,the record shows that the entire 21,432 sq.ft. parcel was not business zoned as indicated by the applicants' attorney in her recent testimony before the Board. 111. CODE PROVISIONS/BASIS OF APPLICATIONS: 1. Building Inspector's February 10, 1998 Notice of Disapproval which reads: . "..the proposed fence exceeds four(4)feet in height,Article XXIII, Section 100-231,fences shall not exceed four(4)feet in height when located in the front yard of a residential zone." 2. Chapter, 100"Zoning"under Article III,SECTION 100-31-13(1)which reads as follows: "Uses permitted by Special Exception"upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Section 100-30A..3 and Bulk,Area and Parking Regulations reads: "No building or premises shall be used.and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 Zone District unless the same conforms to the requirements of the Bulk Schedule and the Parking Schedule,with the same force and effect as if such regulations were set forth herein in full. (Emphasis added). 4. Article III,Section 100-30A.1 provides for the purpose of the Low Density Residential R- 40 District as follows: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." IV. FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony,documentation, personal knowledge and other relevant evidence,the Board of Appeals finds the following facts to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-family dwelling on An undersized nonconforming lot containing 21,483 sq.ft. in a R40 Residential Low density District(minimum requirement for a single family residence is 40,000 sq.ft.,and for a two-family 80,000 sq.ft. is required). Page 3 - May 19, 1998 Appl . #452 : 10 0 0-35-1.-8 (Petikas Variances) Southold Town Board of Appeals 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq.ft. Applicant's contend that the footnote "NA" in the"Density and Minimum Lot Size Schedule for Residential Districts" means that the 80,000 sq.ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. Applicants' position is incorrect. A clear reading of the Town Code and as applied by the Zoning Board of Appeals,the Planning Board, and the Building Department, indicates that the minimum lot size requirement of the specified district are not further reduced simply because town water and sewer are available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts,AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code.There is no reduction( NA Not applicable)in the minimum lot size requirements in these districts. This point is further illustrated in the Schedule,which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. 3. On April 5,1985,when applicants purchased the properties,the entire parcel was split zoned: the smaller easterly portion of the premises (9,776 sq.ft.)was zoned 'B' Business,and the larger westerly portion(11,707 sq.ft.)was zoned A-Residential. Although applicants state that the property"was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21,483 sq.fL lot was residentially-zoned at the time of applicants' purchase,and the residential zoning has.continued for more than 13 years. According to the Board of Appeals File No. 3389, on July 31, 1985,three months after Theodore and Maria Petikas purchased this lot(under one deedimetes and bounds description)they applied for a variance to use a portion of the residential-zone of this lot for a proposed or possible business. After the public hearing on October 3, 1985 under Appl. No.3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. 4. On,January 10, 1989,the Town of Southold adopted a comprehensive update of its zoning regulations and master plan.The easterly business-zoned portion(9,776 sq.ft.)of the applicant's property was rezoned to R-40 Residential Low Density,and the westerly 11,707 sq.fL portion was renamed or reclassified from A-Residential to R-40(with no change in minimum lot size requirement). 5. The applicant's 21,483 sq ft. lot size meets only 26 percent of the 80,0000 sq.ft.of the requirement for establishment of a two-family dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings,and the intent therein,was noted by town's legislative actions in 1989 and clearly stated in Section 100-30A.1: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1)'dwelling per acre and where open space and agricultural preservation are not predominate objectives." V. REASONS: On the basis of testimony heard and documents submitted, and after personal inspection of the property, the Board further rinds, and determines, as follows: Page 4 - May 19, 1998 Appl - # 4526V : 10 0 0- 35-1� (Petikas Variances) Southold Town Board of Appeals 1: Grant of the area variance for the lot size will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the degree of the variance is so great—a 74 percent reduction in the 80,000 sq.ft. minimum lot size requirement—that it constitutes an unwarranted over-crowding of an undersized nonconforming lot. 2. The benefit sought by the applicants can be achieved by some method feasible for the applicants to pursue other than area variances because the applicants can build a single- family residence on the lot without variances. Although the applicants seek to recoup a perceived financial loss incurred in 1985 when the applicants purchased this land for a business purpose at a cost of$80,000,the record demonstrates that the applicants knew at that time that the code required a minimum of 40,000 sq.ft. of land area for each. In addition, when the applicants purchased the property,the Zoning Code required a minimum of 160,000 sq.fL for a two-family dwelling. 3. The requested variances are substantial. Applicants' request for a lot area variance represents a 74 percent reduction in the minimum code requirement of 80,000 square feet. 4. The difficulty has been self created because the applicants were aware of the status of the zoning of the property when they purchased it as a split-zoned business and residential zoned parcel,and that it was substandard and nonconforming in size for any permitted use in either district.The applicants could have�a determination from other municipal applications (such as a use variance or a change of zone)if the intent were to recover a financial hardship,during any time period since 1985). 5. The difficulty is further self-created because the applicants, by this special exception and variance project,seek to recoup losses from 13 years ago. While this Board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence, no financial proof has been submitted to substantiate applicants' claim that the property cannot be sold for any other permitted use such as a permitted single-family residential use, or income derived from such permitted use. 6. The proposed variance will have an adverse effect and impact on the physical and environmental conditions of the neighborhood because a two-family dwelling on an undersized lot(21,483'sq.ft.) will double traffic,will double impacts to groundwater from a dual septic system,and double the intensity of land use,which in turn affects the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. VI. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the Variance requested as to lot size of 21,483 sq. ft. for a two- family dwelling use,for the reasons noted above,and BE IT FURTHER RESOLVED, to GRANT the Variance as to fence height for a maximum of six feet for a 100 ft. length, SUBJECT TO THE FOLLOWING: That all fencing along C.R. 48/Nofth Road is limited to this 100 ft. length along or within the applicant's front property line/yard. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent and a This R u w ly adopted (4-0 of the members present)). ,GERARD P. GOEHRI ER, CHAIRMAN Approved for Filing APPEALS BOARD MEMBERS QS� ��CO G Southold Town Hall Gerard P. Goehringer, Chairman o .4 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 0_1 R' Southold, New York 11971 Lydia A.Tortora • Lora S. Collins y'�O a0� ZBA Fax(516)765-9064 4 George Horning Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No.4525-SE: THEODORE AND MARIA PETIKAS TAX MAP PARCEL 1000-35-1-8 STREET&LOCALITY: Corner of Routes 25 and 48,and Sound Road,Greenport,Town of Southold. DATE OF PUBLIC HEARING: March 23, 1998 and May 14, 1998. FINDINGS OF FACT REQUEST MADE BY APPLICANT: This is a request made by the Property Owners, Mr. and Mrs. Theodore Petikas, for a Special Exception to establish a two-family dwelling as a new principal use on this unimproved lot. 'The proposed building size is 48' by 28'to be located a minimum 40 feet from the southerly front property line, a minimum 15 feet from the north- easterly comer, minimum 20 feet from the most northerly rear property line, and approximately 110 feet from the easterly front property line along Sound Road. A detached accessory garage will be located in the rear yard. Also noted are the requests by the Property Owners herein for Variances as to insufficient lot size for this two-family use and fence height, which have been addressed under Appl. No. 4526 in a separate determination. PROPERTY FACTS/DESCRIPTION: The property is located in a R-40 Residential Low Density Zone District on the northwesterly comer of County Route 48 (North Road), (State Route 25)and Sound Road,Greenport,Town of Southold.The subject property is substandard in size and contains a total area of 21,483 sq.ft.,or 48% less than the 40,000 minimum lot size in this zone district for a single-family dwelling,and 74% less than the 80,000 minimum lot size in this zone district for a two-family dwelling. The applicants'proposal is to construct a 48 ft.by 28 ft. two-story building with two-family dwelling occupancy on an unimproved lot. This substandard lot fronts along County Route 48,State Route 25 and Sound Road,a town street.The proposal calls for a single point of vehicular access via Sound Avenue. The setbacks of the proposed principal building are to be a minimum 40 feet from the southerly front property line,a minimum 15 feet from the north-easterly comer,minimum 20 feet from the most northerly rear property line,and approximately 110 feet from the easterly front property line. A detached accessory garage is Page 2 - May 19, 1998 Appl . #4525 : 100.0-35-1-8 (Petikas) (SE) Southold Town Board of Appeals to be located in the rear yard. The March 6, 1985 survey, amended May 9, 1985 and June 6, 1985, submitted under this application shows that the property was vacant in 1985 with the exception of a small open shed,approximately 24 feet from the property line on Sound Road. The shed was at one time used to sell farm produce. The shed no longer exists on the premises, and the property in vacant and unimproved. The 1985 survey also indicates that an easterly portion of the property,approximately 9,776 sq.ft.,was zoned 'B' Light Business.That easterly section of the property was rezoned to R- 40 Low Density Residential in January 1989 as part of the town's comprehensive update of its master plan and zoning regulations. Since January 1989,the zoning classification of the remaining 11,707 sq.ft.westerly section of the property has been,and is, R-40 Low-Density Residential. Prior to January 1989 and specifically at the time of purchase in 1985 by the applicants herein,this westerly section was zoned A-Residential (allowing single-family.residences on 40,000.sq.ft. lots). (Testimony offered by applicant's attorney states incorrectly that the entire 21,432 sq.ft. lot was 'B' Business-zoned when applicants purchased the property on April 5, 1985. ) CODE PROVISIONS%BASIS OF APPLICATIONS: 1. Building Inspector's February 10,1998 Notice of Disapproval which reads....The proposed fence exceeds four(4)feet in height,Article XXIII, Section 100-231,fences shall not exceed four(4)feet in height when located in the front yard of a residential zone. 2. Chapter, 100 "Zoning"under Article III,SECTION 100-31g'(1) which reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Chapter 100-30 A.3 Bulk,area and parking regulations: No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same confroms to the requirements of the Bulk Schedule and the Parking Schedule,with the same force and effect as if such regulations were set forth herein in full. (Emphasis added) FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony,documentation, personal knowledge and other relevant evidence,the Board of Appeals finds the following facts to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-family dwelling on an undersized nonconforming lot containing 21,483 sq.ft. in a R-40 Residential Low density District(minimum requirement for a single family residence is 40,000 sq.ft.,and for a two-family 80,000 sq.ft. is required). 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq.ft. Applicant s contend that the footnote "NA" in the"Density and Minimum Lot Size Schedule for Residential Districts"means that the 80,000 sq.ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. A clear reading of the Town Code and as applied by the Zoning Board of appeals, Page 3 - May 19, 1998 Appl . #4525SE: 1000- 35-1-8 Southold Town Board of Appeals Planning Board and Building Department indicates that the minimum lot size requirements of the specified district are not further reduced simply because town water and sewer are available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts, AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code.There is no reduction in the minimum lot size requirements in these districts. This point is further illustrated in the Schedule, which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. 3. On April 5, 1985,when applicants purchased the properties,the entire parcel was split zoned: the smaller easterly portion of the premises (9,776 sq.ft.)was zoned 'B' Business,and the larger westerly portion (11,707 sq.ft.)was zoned A-Residential. Although applicants state that the property"was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21,483 sq.ft. lot was residentially-zoned at the time of applicants' purchase,and the residential zoning has continued for more than 13 years. According to Board of Appeals File No. 3389, on July 31, 1985,three months after Theodore and Maria Petikas purchased this lot(under one deed/metes and bounds description)the owners/applicants applied for a variance to use a portion of the residential-zone of this lot for a proposed business. After the public hearing on October 3, 1985 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and Aiscontinued by applicants. 4. On January 10, 1989,the Town of Southold adopted a comprehensive update of its zoning regulations and master plan.The easterly business-zoned portion (9,776 sq.ft.)of the applicant's property was rezoned to R-40 Residential Low Density, and the westerly 11,707 sq.ft. portion was renamed or reclassified from A-Residential to R-40 (with no change in minimum lot size requirement). The residential zoning for the entire lot continues to this date. 5. The applicant's 21,483 sq ft. lot size meets only 26 percent of the 80,0000 sq.ft. of the requirement for establishment of a two-family dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings,and the intent therein,was noted by town's legislative actions in 1989 and clearly stated in Section 100-30AA: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." BOARD REASONS: On the ha-sis of testimony heard and documents submitted, and after personal inspection of the property, the following is used as criteria and reasons for denial of this Special Exception: 1. Grant of a two-family on an undersized lot will change in the character of the neighborhood and cause a detriment to nearby properties because the degree of the variance is so great-a 74 percent reduction in the minimum lot size requirement-in that it constitutes an unwarranted overcrowding on an undersized nonconforming lot. 2. The applicant can build a single-family dwelling. Although the applicants seek to recoup Page 4 May 19 , 1998 Appl . #4526SE : 1000- 358-1-8 (Petikas Sp . Exc . ) Southold Town Board of Appeals a perceived financial loss incurred in 1985 when they purchased this property for business purposes at a cost of$80,000,the record demonstrates that the applicants knew at the time of purchase that more than half of the property was zoned for single-family residence and the Code required 40,000 sq.ft. per dwelling for minimum land area. In addition, at the time the applicants purchased the property,the Code required a minimum of 160,000 sq.ft.for two- family dwelling. 3. As indicated in the denial of the variance,the applicants request is substantial for a 74 percent reduction in the Code minimum lot-size requirement. 4. The self-created difficulty has been addressed separately in the variance. The applicants knew when they purchased the property that it was not adequate in size and did not meet the code requirements as to minimum lot size for a two-family dwelling,that the property was split zoned business and residential. The applicants could have requested a determination from other municipal applications (such as a use variance or a change of zone)if the intent were to recover a financial hardship, prior to or after the 1989 rezoning. The applicants now seek to recoup losses incurred by its actions more than 13 years ago in this Special Exception. While the board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence,no financial proof has been submitted to substantial applicant's claim that the property cannot be sold for permitted single-family residential use,or income derived from such permitted use. 5.The grant of a special exception for two-family use on an undersized lot will have an adverse effect and impact on the physical and environmental conditions of the neighborhood. It will double the traffic,double the impacts to groundwater from a duel septic system, and double the intensity of land use,which in turn will affect the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. THE BOARD THEREFORE FINDS: 1. ' A two-family dwelling on' a lot substantially less than the required 80,000 sq. ft will Intensify adverse effects on the safety, health, and welfare of the Town and Community arising particularly from additional demands on septic system, well water if public water is not approved, increased vehicular traffic to and from the site in a high-traffic area and multi- street intersection. 2.. The Density and Minimum Lot Size Schedule added to the Code January 10, 1989 provides than 80,000 sq. ft. of land area is required for a two-family dwelling in the R-40 Zone and has no provision for reduction of this minimum requirement in cases where public water is available. In view of this Code requirement; a Special Exception allowing such construction on a substandard lot does not promote and is not in harmony with the general purposes of the Zoning Code. 3. The subject property is located at a high-traffic intersection with County Route 48, New York State Route 25, and Sound Road, which is the Main east-west access route by transients to Orient (which Is also an Inter-State Ferry Transport area for Long Island travelers). Although the driveway Is proposed along Sound Road, additional vehicular traffic will exit onto the Main Thoroughfare which impacts visibility for pedestrians and vehicles at this intersection. 4. in summary, the granting of this special exception will result in a violation of health, safety and welfare of the immediate community due to: (a) very close access at an Intersection of County Road 48 and State Route 25, and access from Sound Road, a town Page S - May 19 , 1998 Appl . #4525SE : 1000-35-1-8 (Petikas Sp . Exc . ) Southold Town Board of Appeals street; (b) additional overcrowding of the land which is substandard in size at 21,000+- square feet when the Zoning Code mandates 80,000 square feet for two-family dwelling use; (c) undue increase on a fragile groundwater supply either through public water or domestic well water. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the Special Exception, for the reasons noted above. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent and exc .) This Re 'on was duly adopted (4-0 of the members present)). GERARD P. GOEHRINGER, CHAIRMA Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE,,, /�7�S HOUR�: Town Clerk, Town of Southold