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HomeMy WebLinkAboutZBA-02/26/1998 1 �FKit AA�4LSARD MEMBERS �,\ � �O�' 4G Southold Town Hall Gerard P. Goehringer, Chairman c y�c 53095 Main Road James Dinizio,Jr. 13 P.O. Box 1179 • Southold,New York 11971 Lydia A. Tortora O Lora S. Collins y O� ZBA Fax (516)765-9064 George Horning ��! �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING THURSDAY, FEBRUARY 26, 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 26, 1998 commencing at 6:30 o'clock p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Board Secretary 6:35 p.m. Gerard P. Goehringer, Chairman called the meeting to order. PUBLIC HEARINGS: The following public hearings were held. (A written transcript of the hearings with verbatim statements has been prepared separately for reference. ) 6:35 6:38 p.m. Appl. No. 4545 - RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: ". . .under Article XXIV, Section 100-244B for non-conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non-conforming setback of 42 ft. +-. Action required by the Board of Appeals. . . ." Location of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf.. After receiving testimony, the Board rendered its decision, which is attached as adopted and filed with the Town Clerk's Office in accordance with New York Town Law. Page 3 - Minutes Regular Meeting - February 26, 1998 . Southold Town Board of Appeals 7:09 - 7:18 p.m. Appl. No. 4541 - RUTH LEONARD. Request for a Waiver under Article II, Section 100-26, based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reads as follows: ".. .Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C. . . See attached determination by. Town Attorney. . .." 755 and 795 Cedar Drive, Southold, NY. After receiving testimony, motion was made by Chairman Goehringer and lost, to close the hearing. Instead the Board rendered its decision, which is attached as adopted and filed with the Town Clerk's Office in accordance with New York Town Law. 7:18 - 7:33 p.m. AppL No. 4540 - MELISSA SPIRO. Request for a Waiver under Article II, Section 100-26 based upon the building Inspector's January 6, 1998 Notice of Disapproval which reads as follows: ".. .Both parcels being located in an R40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article II, 100-25C.. . Note: See attached determination by Town Attorney which states that lots are not 'excepted . . . ." Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 46,000 sf.. has a 1979 approval .under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision). Deborah Doty, Esq. and Melissa -Spiro appeared in behalf of their application. Testimony was submitted, and the applicants agreed to consult with their attorney and respond to questions of the Board this evening if.. possible. Motion was made by Chairman Goehringer, seconded by . Member Tortora, and duly carried, to RECESS for approximately 20 minutes. This Resolution was duly. adopted (5-0). 7:33 - 7:44 p.m. Appl. No. 4543 - ALICE KONTOKOSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that ".. .application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use if. damaged by fire or other causes to the extent of more than fifty percent (50 0) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 100-239.4A). Location of Property: 54155 C.R. 48, Greenport, NY; Parcel ID #1000-52-1-2. Testimony from E. Kontokosta, brother of the applicant, was submitted. RESOLUTION: Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). (Please see transcript of hearing with verbatim statements for reference as needed.) 7:42 - 7:44 p.m. Two-Minute Recess was taken (for a break). Motion was made by Member Horning, seconded by Chairman Page 4 - Minutes Regular Meeting - February 26, 199.8 Southold Town Board of Appeals Goehringer, and duly carried, to reconvene the meeting at this time. This Resolution was duly adopted (5-0). 7:44 - 7:45 p.m. Public Hearing Continued: Application of MELISSA SPIRO AND OTHERS. On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to reconvene the hearing regarding the application of Melissa Spiro and Others which was held earlier this evening. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). Attorney D. Doty, Esq. requested additional time and chose to leave the hearing open so that she may contact the co-owners and respond to the Board's questions. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS this hearing without a date. This Resolution was duly adopted (5-0). 7:45 - 8:52 p.m. Appl. No. 4537 .- REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January. 6, 1998 for "Generic Town-Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply. . .?" 8:52 - 9:00 p.m. RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess for approximately 5 minutes (for a break). This Resolution was duly adopted (5-0). 9:00 P.M. RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to reconvene the meeting. This Resolution was duly adopted (5-0). 9:00 - 10:05 p.m. Appl. No. 4466 - HAY HARBOR CLUB, Fishers Island, hearing continuation. Patricia Moore, Esq. appeared with representatives from the Hay Harbor Club regarding their application. Additional testimony was . received. RESOLUTION: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE the verbatim portion of the record based on receipt of written cost estimates as discussed at tonight's hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). 10:05 - 10:20 p.m. Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under y Page 5 - Minutes Regular Meeting - February 26, 1998 Southold Town Board of Appeals Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential-Office. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora,. and duly carried, to close the .hearing. This Resolution was duly adopted (5-0) End of Hearings. DELIBERATIONS/DECISION: Appl. No. 4535 - WILLIAM AND PATRICIA MOORE. (Mrs. Moore was present during this action.) At the end of these Minutes, please find ' copy of official Board Decision as adopted and filed with the Town Clerk's Office in accordance with New York Town Law. 10:22 p.m. RESOLUTIONS (AGENDA ITEM IV) A. On motion by Member Tortora, seconded by Member Collins, and duly carried, it was RESOLVED, to confirm advertisement of Appl. #4535.1t - W. Moore: Special Exception for tonight's public hearing. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0).. B. On motion by Chairman Goehringer, seconded by Member Horning, and duly carried, it was RESOLVED, to confirm and authorize advertising of the following applications for public hearings to be held March 23, 1998: 1. Appl. No. 4548.1c - Jeffrey Worthington variance for garage location. 2. Appl. No. 4549.jd - Carol and Anthony Losquadro, Jr. variance for corral location for their two horses. Properties of Losquadro and Tuthill, Boisseau Avenue, Southold. 3. New application submitted 2/25 by Peter Stoutenburgh for Ruth Miller. Variance for proposed addition for sideyards_ 6400 Indian Neck Road, Peconic. 4. Appl. No. 4547.1t Riverhead Building Supply variance (Board awaits maps, subject to review before advertising. Six site plan prints and two use plans were submitted 2/26)). 5. Appl. No 4551.1c - KAYLA B. STOTSKY. 6' Fence height. Osprey Neck Road, Greenport. Page 6 - Minutes Regular Meeting - February 26, 1998 Southold Town Board of Appeals 6. Possible new application by 3/2 Re: Principal Building of Chet Orlowski for replacement of two windows with garage door regarding nonconforming use Disapproval dated 2/20 by Building Inspector under 100-241-A). N/s Main Road, Cutchogue. The Board Secretary noted there is no survey of record with the owner and no Certificate of Preexisting Use regarding this property. 7. George Livanos (Appl. No. 4552) for accessory location. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). * * 10:25 p.m. RESOLUTION (Agenda Item III). No appearances were made regarding this application. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the entire record (written included) regarding Appl. No. 4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. Verbatim portion (hearing) was concluded on 1/22/98. Resolution to close the written portion of this record. Location of - Property: 51550 Main Road, Southold; 1000-61-3-1. This Resolution was duly ADOPTED (5-0). The remaining agenda items were carried over to the Tuesday, March 3, 1998 Special Meeting of the Board. The Chairman confirmed that the meeting would -be held in the Conference Room of Town Hall, starting at 7:00 p.m. to continue the remaining agenda items and new business properly coming before the Board at that time. MISCELLANEOUS, Agenda Item IV: The following were noted as agenda items for tentative Public Hearings to be held on April 19, 1998: 1. Appl. No. 4544.1t - H. Rosen (Owner: Booker) Application for interpretation and if necessary, area variance for applicant's radio transmission tower. LI Zone. 141-3-44. (Board awaits information, subject to review before advertising.) 2. -3. Possible carryover hearing (when requested by applicant Re: NYNEX at Mattituck and/or other pending application). * OTHER UPDATES (Agenda Item IV, continued): * Update of Business Uses (Zoning) with. Code Committee February 25, 1998 at 4 pm (L.C.); March 5 at 4:30 pm. Page 7 - Minutes Regular Meeting - February 26, 1998 Southold Town Board of Appeals *REMINDER for Resolution at next meeting for draft Minutes: January 15, 1998 January 22, 1998 February 4, 1998 February 26, 1998. * New procedures of the Building Department as per letter stating that all agency approvals before receiving applications for disapproval. (Exceptions are proposed lot line changes or new subdivision projects.) * NEW ZBA FILING PROCEDURES EFFECTIVE 2/26: 1) Submissions by applicants must include current written Notice of Disapproval (before assigning board member or file number). Incomplete ZBA applications in future will also be returned to applicant; 2) After assignment of Special Exceptions to Assigned Members, project will require preliminary review by Assigned Member and RESOLUTION ' confirming Sections. of Code and type of area variance(s) which may be necessary, before ' authorizing advertisement. * Assigned File #4542.1c - W. FINK and KEN SWANSON, contract vendee. Proposed letter as drafted to Bruce Anderson regarding copy of letter received from Building Department (copies attached for board members). 1390 Willow Terrace Lane, Orient. 1000-26-2-25. * Reviews. New applications: Appl. #4525.jd - T. PETIKAS Special Exception and Appl. #4526.1t - T. PETIKAS Area variances. (Carryover to next meeting for Board's review and confirmed wording of advertising regarding area variances, before advertising. (Recent Notice of Disapproval furnished addressed fence portion of project but did not address other zoning areas because applicant filed Special Exception.) * OTHER REVIEW: New proposed Local Law regarding Site Plans. (Copy in board member boxes 2/25); * OTHER REVIEW: Await status from attorney for application regarding pending application of Tonyes/Citgo.• For update at next meeting. The Chairman declared the meeting adjourned at 10:30 p.m. 1 f Page 8 - Minutes Regular Meeting - February 26, 1998 Southold Town Board of Appeals The Chairman declared the meeting adjourned at 10:30 p.m. Respectfully submitted, Linda Kowalski B rd Secretary App ed or, filin b / /98 r�1. G rd P. Goehringer, Chairman Attachments : Case Decisions (4) Page 8 - Minutes Regular Meeting - February 26, 1998 Southold Town Board of Appeals The Chairman declared the meeting adjourned at 10:30 p.m. Respectfully submitted, Linda Kowalski B rd Secretary App ed or filing' b / /98 rd. G rd P. Goehringer, Chairman Attachments : Case Decisions (4) RECEIVED AND FILED BY TIE SO UTHOLD TOW14 CLERK D al / HOUR 2 Tow Clerk, Town of Southold i APPEALS BOARD MEMBERS �OSUFFO���,O h�0 Gy Southold Town Ha; Gerard P. Goehringer, Chairman c 1 53095 Main Road James Dinizio,Jr. CIO P.O. Box 1179 Lydia A.Tortora O Southold,New York 1: Lora S. Collins 41, �a ZBA Fax(516)765-9 George Horning Telephone(516)765-7 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4545 - RONALD YEDLOUTSCHNIG 1000-70-3-17 STREET & LOCALITY: 250 Jernick Lane, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT. PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the southerly side of Jernick Lane, Southold. This property contains a total. area of 20,586 sq. ft. and is located in the R-40 Residential Zone District. The survey map submitted under this application shows that the subject premises is improved with an one-story frame dwelling with attached garage and the subject wooden deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 29, 1998, which reads as follows: "...under Article XXIV, Section 100-244B for non-conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non-conforming setback of 42 ft. +-. Action required by the Board of Appeals... ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of an "as built" deck, 14.6 ft. by 12.3 ft. in size. The dwelling setback is shown on the February 25, 1983 survey map prepared by R. VanTuyl, P.C. to be 42 feet from the rear lot line. The "as built" deck is 2618" from the rear property line according to a statement of February 23, 1998 from J. Metzger, P.C. relating to his survey map prepared November 27, 1997. Page 2 - Meeting of February 26, 1998 Appl. #4545 R. Yedloutschnig (1000-70-3-17) .Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: The subject deck has been in place since at least 1983, and possibly much longer; . the house was built in approximately 1972. The size and appearance of the deck are not inconsistent with the neighborhood features, and continued existence of the deck poses no threat to the character of the neighborhood. The substandard rear setback of the house (42 feet) largely reflects the shape of the lot, which was created in. 1969. In the context of the lot's shape, there is no method feasible and available to. the applicant for achieving the benefit of a deck other than through an area variance. The Board finds that the requested variance is not substantial, will not have an adverse effect on physical or environmental conditions in the neighborhood or district, and is the minimum necessary and adequate to attain the benefit sought while also preserving and protecting the neighborhood character and the health, safety 'and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehrnger, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the CONDITION that the deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,. TORTORA, COLLINS and HORNING. re n as y opted GERARD P. GO IN R, 71R� Approved for Filing AS400/Actions.all/70-3-17 AppEALS BOARD MEMBERS ��gAFFOUr Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman c James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 O� ZBA Fax(516)765-9064 Lora S. Collins '?� Telephone(516)765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4531 - DUANE PASCALE PARCEL 1000-87-3-8 STREET & LOCALITY: 3520 Minnehaha Boulevard, Southold DATE OF PUBLIC HEARINGS: January 15 and 22, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is .located in an R-40 Low-Density Residential Zone District, being situate on a substandard parcel of land containing 11,053 sq. ft. of total lot area confirmed by survey dated September 4, 1997, prepared by John T. Metzger, Surveyor. The survey shows frontage along Minnehaha Boulevard of 100 feet, frontage along Owaissa Avenue of 100.04 feet, and frontage along Corey Creek of 119.53 feet. The premises is improved with a single-family dwelling (built about 1965) with garage addition (built in 1988) and two accessory buildings. The existing setbacks of the dwelling are presently shown at 28 ft. minimum from Corey Creek (bulkhead), and at 8 A feet from the southerly front property line along Owaissa Avenue. The total lot coverage of existing buildings is confirmed by applicant as follows: House (ground floor area) 1725 sq. ft. Garage 384 sq. ft. Accessory Building ("boathouse") 137 sq. ft. Detached Shed 125 sq. ft. Total Existing 2369 sq. ft. BASIS OF APPEAL: Four Building Inspector Actions of Disapproval noted below: a) dated November 10, 1997 which reads as follows: ".. .the proposed deck addition of approximately 1000 sq. ft. will exceed the allowable lot coverage of 2210 sq. ft. The existing dwelling covers 2369 sq. ft. already exceeding the allowable coverage by approx. 160 sq. ft. Note: ZBA Appl. #3784 11/16/88. Therefore the total square footage would exceed the allowable covering in an R40 Zone by approximately 1160 sq. ft. pursuant to Article IIIA 100-30A.3...";' b) dated .November 17, 1997 which reads as follows: Page Z of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 ". . .1. The proposed deck addition will encroach on the allowable 75' setback requirement to a bulkhead adjacent to tidal water bodies, pursuant to Article XXiII, 100-239.4B, 2. the proposed deck addition encroaches on the allowable front yard setback of a non-conforming lot of under 20,000 sq. ft. in an R40 Zone. The location of the encroachment is on the south side of the parcel on Owaissa Avenue pursuant to Article XXIV, Section 100-244B.. ."; c) dated December 15, 1997, which reads as follows, and noted by the Building Inspector as a revision to (a) .above as follows: ". . .exceed the allowable coverage in an R40 Zone by approximately 206 sq. ft. . . . This disapproval is based on the most recent survey dated September 4th (sic), 1997...." Note: disapproval was corrected to show survey was dated December 4, 1997; d) dated January 5, 1998 which reads as follows, and noted by the Building Inspector as revised: ". . .the proposed deck addition will exceed the allowable lot coverage of 2401 sq. ft. The existing dwelling covers 2369 sq. ft. The proposed deck addition is 1000 sq. ft. Therefore, the total square footage would exceed the allowable coverage in an R40 Zone by approximately 968 sq. ft. pursuant to Article IIIA, Section 100-30A.3. Note: This disapproval is based on the most recent survey with a revised date of December 4, 1997. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To construct new deck addition at the rear of dwelling. Relief sought was offered by applicant as follows: a) ORIGINAL RELIEF SOUGHT: 1000 sq. ft. deck with a total lot coverage of 3,279 sf after allowing for removal of the "boathouse," and a minimum setback from the bulkhead of nine feet; b) SECOND PLAN/RELIEF SOUGHT: total lot coverage of 2948 sq. ft. with removal the "boathouse" structure; and proposed setback from the bulkhead shown at a minimum of 1712" at its closest point; c) THIRD ALTERNATIVE PLAN SOUGHT BY APPLICANT: total lot coverage of 2904 sq. ft. and proposed setback to the bulkhead at a minimum of 17'2" feet and 17 feet from the south/east corner of the proposed deck to the current.southerly property line (along Owaissa Avenue). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance as originally applied for will produce an undesirable change in character of neighborhood or a detriment to nearby properties because, relative to the neighborhood, the lot coverage of 29.7% would be excessively large and the setbacks from bulkhead and Owaissa Avenue would be excessively small. Page 3 of 4 - February 26, 1998 Appl. No. 4532 - Duane .Pascale Property ID: 1000-87-3-8 (2) The area variance, as applied for, is substantial. (3) Because the benefit of an outdoor deck sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance, , due to the size of the property, the present construction, and today's code requirements, the Board has considered alternatives to the relief originally sought, including the alternatives presented by the applicant. The Board has determined to deny the relief originally sought by the applicant and grant alternative relief (noted below). (4) The Board finds this action is the minimum necessary and adequate and at the same time preserves and protects the character of- the neighborhood, and the health, safety, welfare of the community. (5) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the application as applied for, and to GRANT ALTERNATIVE RELIEF FOR A DECK, OPEN TO THE SKY, TO BE DESIGNED BY THE APPLICANT, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. LOT COVERAGE: The total lot coverage, including principal building (house) plus proposed deck addition, .and accessory buildings, shall not exceed 24 percent of the total lot area of 11,053 sq. ft. which is 2653 square feet. (This is based on the total lot area which excludes the land claimed by the applicant on the right-of-way known as Owaissa Avenue.) This 24% lot coverage limitation would allow options to be decided by the application with respect to 'design provided it meets the following additional conditions. 2. FRONT YARD: The southeasterly corner of the new deck construction shall be no closer than 1712" to the southeasterly (front) property line (excluding the right-of-way area on Owaissa Avenue). 3. REAR YARD: The rear yard setbacks: a) at the north/east corner of the deck addition shall be no closer than 28- feet to the inside of the bulkhead at - its closest point; and b) at the center portion of the deck shall be no closer than 20 feet to the inside of the bulkhead at its closest point; and c) at the south/east corner of the deck shall be no closer Page " ' of 4 - February 26, 1998 . Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 than 2113" to the inside of the bulkhead at its closest point. 4. DECK CONSTRUCTION: The deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, and HORNING. NAY: MEMBER TORTO his Resolution was duly adopted (4-1). ERARD P. GOEH G , C MAN ************************** * AS400/Actions.all/87-3-8 ,1 APPEALS BOARD MEMBERS o�QgOFFO(,��, OG Southold Town Hall yJ.Z Gerard P. Goehringer,Chairman 53095 Main Road I c P.O. Box 1179 James Dinizio,Jr. y Southold,New York 11971 Lydia A.Tortora • Lora S. Collins y4j0 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 FEBRUARY 26, 1998 Appl. #4541 - RUTH LEONARD PARCEL: 1000-78-7-38 as one lot . Adjoining Lot is identified as 1000-78-7-39 STREET & LOCALITY: 755 and 795 Case Drive, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY DESCRIPTION/FACTS: The application and photocopy of survey prepared by Otto VanTuyl, surveyor, dated June 20, 1963 indicates the following property facts with regard to the subject property (pending building permit application with the Building Department): a) the subject Lot 38 is shown 75 feet wide along Cedar Lane • and 265 feet in depth, which dimensions follow the original perimeter as per deed establishing. the lot lines at the time of its creation, evidenced by January 26, 1954 Deed at Liber 3660 page 90 dated and Deed dated May 1974 at Liber 7641 page 473; b) the subject lot contains 19,875+- sq. ft. in area and is unimproved, vacant land. REQUEST BY APPLICANT: Request for. Grant of a Waiver as provided by Section 100-26 for Lot identified on the County Tax Maps as District 1000, Section 78, Block 7, Lot 38, which dimensions are confirmed by deed dated January 26., 1954. The adjoining lot (1000-78-7-39) was created by Deed at Liber 2885 page 195 dated October 9, 1948, consists of 19,875+- sq. ft. and' lot width of 75 feet, and is improved with an existing single-family , dwelling (constructed in about 1965). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 7, . 1998, Which reads as follows: "Both parcels being located in an R40 Zone: Tax Map #1000- 78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25 C. . . See attached determination by Town Attorney. . . ." • Page 2 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Merger of lots #38 and #39 occurred upon the death of the applicant's (Ruth Leonard f/k/a Peck) husband on March 26, 1996. Prior to that and for a period of 22 years, the lots were maintained in separate ownership. Since 1974, vacant lot #38 has been owned by Ruth Leonard, and the improved lot #39 was owned by Ruth Leonard and Alexander Peck as joint tenants with right of survivorship. Upon Mr. Peck's death in' 1996, his ownership interest in lot #39 automatically passed to his wife, Ruth Leonard, and the two lots merged pursuant to section 100-25 of the town code. 2. by way of attorney, applicant submitted a review of the approximate sizes of 16 lots on Cedar Drive, which incorrectly calculated the two individual lot sizes of the applicant's merged 39,750 sq. ft. lot, and excluded lots #30.1 and #29, which also have street frontage on Cedar Drive. 3. Accordingly, the Board finds that there are presently 17 lots on Cedar Drive. Nine lots #29, #30.1, #36, #42, #41.5, #40, #41, #5, and merged Lots #38 and #39, are larger than the two 19,875 sq. ft. lots that would be created by grant of a waiver of merger. One lot, #37, is identical in size (19,875 sq. ft.) . Seven lots, #1, #2, #3, #6, #7, #8, and #35 are smaller than 19,875 sq. ft. 4. The neighborhood is developed. Of the 17 lots, all are improved with single-family residences, except lot #5 which is vacant. Lot sizes range from 10,800 sq. ft. to 53,000 sq. ft. on Cedar. Drive. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the Waiver in accordance with the application for the following reasons: 1. The two .lots were carefully maintained as separate entities for 22 years, and merger occurred inadvertently by death of the applicant's husband in 1996. 2. The waiver will not result in a significant increase in the density of the neighborhood because with the exception of one vacant lot, all of the remaining lots on Cedar Drive are improved with single-family dwellings. 3. The waiver would recognize a lot that is consistent with and exceeds the size of 47 percent of the lots on Cedar Drive. 4. The waiver would recognize the original lot lines created by deed. Page 3 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 5. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, nor will there be a substantial filling of land affecting nearby environmental or flood areas. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Horning. This o u 'on wa ly opt GERAR P. GOEHRI GER, AIRMAN AS400/Actions.all/78-7-38 y� - APPEALS BOARD MEMBERS o��gOFFO(,�c OG Southold Town Hall Gerard P. Goehringer, Chairman cmy1 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Southold,New York 11971 _ Lydia A.Tortora • Lora S. Collins y O� ZBA Fax(516)765-90&' George Horning ��1 �a Telephone(516)765-180� - . _ f" BOARD OF APPEALS TOWN OF.SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4535 - WILLIAM AND PAT MOORE, CONTRACT VENDEES PARCEL ID: 1000-70-2-8 STREET & LOCALITY: 51020 Main Road, Southold DATE OF PUBLIC HEARING: February 26, 1998 REQUEST MADE BY APPLICANT: This is a request made by the applicants as contract vendees for a Special Exception to establish principal (primary) ' use of 877 sq. ft. of professional office floor area as shown on Plans dated February 4, 1998 prepared by Chorno Associates, Architects, Planners, Quakertown, PA. FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is located in an RO Residential-Office Zone District, being situate on the easterly side of Main Road (a/k/a State Route 25), Southold. It contains a total lot area of 40,000 sq. ft. and is , improved with a principal dwelling and .accessory garage (ref. photocopy of survey prepared by Roderick VanTuyl, P.C. dated May 1984) submitted for consideration and made a part of the file. The February 4, 1998 Plan shows a total of seven parking spaces and two spaces in the accessory garage, for a total of nine parking spaces. A request is presently before the Planning Board regarding a possible waiver of the site plan requirements for this project, pending the outcome of the within ZBA determination. BASIS OF APPLICATION (CODE PROVISION): Chapter 100 "Zoning," .under Article VII, Section 100-71B(2) which provides for principal professional office use by Special Exception issued by the Board of Appeals. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Professional offices and business offices are permitted in this R/O Residential Office District under Section 100-71B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning .Board of Appeals, and subject to the requirements imposed by such zoning ordinance to assure that the proposed use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. r Page 2 - February. 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals • 2. 100-71B provides that not more than one use shall be allowed for each forty thousand (40,000) square feet of lot area. the principal use for professional and business offices with accessory storage are the only principal use proposed for the lot. The use. and 40,000 sq. ft. lot size comply with the provisions of 100-71B. 3'. The Board has considered the General Standards set forth under Section 1010-263 and finds that: A) The use will not prevent the orderly and reasonable use of adjacent properties in the adjacent R/O District, or in the R-40 to the east. B) The use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; • D) The use will be in harmony with and promote the general purposes and intent of the code; E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. 4. The Board has reviewed other matters to be considered under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the use requested in this Special Exception application SUBJECT TO THE FOLLOWING CONDITIONS: 1. The 15-ft: driveway shall be designed and maintained to provide access and egress to Route 25 (Main Road) to prevent vehicles from backing out onto the Main Road. i Page 3 - February 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals • 2. Site plan review, waiver or other authorization required by the Southold Town Planning Board. VOTE OF THE BOARD:. AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING and COLLI 's re s ly adopted (5-0) . GERARD P. GOE NG R, CH MAN AS400/Actions-all/70-2- • APPEALS BOARD MEMBERS �OgUFFO(�c �O �G Southold Town Hall Gerard R Goehringer, Chairman c yj 53095 Main Road James Dinizio,Jr. ti z P.O. Box 1179 Lydia A.Tortora O Southold, New York 11971 Lora S. Collins 'y�lj O� ZBA Fax(516)765-9064 George Homing OI �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4545 RONALD YEDLOUTSCHNIG 1000-70-3-17 STREET & LOCALITY: 250 Jernick Lane, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT. PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the southerly side of Jernick Lane; Southold. This property contains a total area of 20,586 sq. ft. and is located in the R-40 Residential Zone District. The survey map submitted under this application shows that the subject premises . is improved with an one-story frame dwelling with attached garage and the subject wooden deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 29, 1998, which reads as follows: " ..under Article XXIV, Section 100-244B for non-conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft, require a rear yard setback of 50 feet. The existing dwelling has a present non-conforming setback of 42 ft. +-. Action required by the Board of Appeals. .. ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of an "as built" deck, 14.6 ft. by 12.3 ft. in size. The dwelling setback is shown on the February 25, 1983 survey map prepared by R. VanTuyl, P.C. to be 42 feet from the rear lot line. The "as built" deck is 26'8" from the rear property line according to a statement of February 23, 1998 from J. Metzger, P.C. relating to his survey map prepared November 27, 1997. Page 2 - Meeting of February 26, 1998 Appl. #4545 R. Yedloutschnig (1000-70-3-17) . Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: The subject deck has been in place since at least 1983, and possibly much longer; . the house was built in approximately 1972. The site and appearance of the deck are not inconsistent with the neighborhood features, and continued existence of the deck poses no threat to the character of the neighborhood. The substandard rear setback of the house (42 feet) largely reflects the shape of the lot, which was created in 1969. In the context of the lot's shape, there is no method feasible and available to the applicant for achieving the benefit of a deck other than through an area variance. The Board finds that the requested variance is not substantial, will not have an adverse effect on physical or environmental conditions in the neighborhood or district, and is the minimum necessary and adequate to attain the benefit sought while also preserving and protecting the neighborhood character and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the CONDITION that the deck shall remain ,open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,. TORTORA, COLLINS and HORNING. resol n was y ad opted GERARD P. GOE IN R; C MAN Approved for Filing ********************** ****** AS400/Actions.all/70-3-17 l APPEALS BOARD MEMBERS ��S�FFO(,��o �p G Southold Town Hall Gerard P. Goehringer, Chairman c y< 53095 Main Road James Dinizio,Jr. y Z P.O.Box 1179 Southold,New York 11971 Lydia A.Tortora • Lora S. Collins y�0 a0� ZBA Fax(516)765-9064 George Horning 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4531 - DUANE PASCALE PARCEL 1000-87-3-8 STREET & LOCALITY: 3520 Minnehaha Boulevard, Southold DATE OF PUBLIC HEARINGS: January 15 and 22, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on a substandard parcel of land containing 11,053 sq. ft. of total lot area confirmed by survey dated September 4, 1997, prepared by John T. Metzger, Surveyor. The survey shows frontage along Minnehaha Boulevard. of 100 feet, frontage along Owaissa Avenue of 100.04 ' feet, and frontage along Corey Creek of 119.53 feet. The premises is improved with a single-family dwelling (built about 1965) with garage addition (built in 1988) and two accessory buildings. The existing setbacks of the dwelling are presently shown at 28 ft. minimum from Corey Creek (bulkhead), and at 8.1 feet from the southerly front property line along Owaissa Avenue. The total lot coverage of existing buildings is confirmed by applicant as follows: House (ground floor area) 1725 sq. ft. Garage 384 sq. ft. Accessory Building ("boathouse") 137 sq. ft. Detached Shed 125 sq. ft. Total Existing 2369 sq. ft. BASIS OF APPEAL: Four Building Inspector Actions of Disapproval noted below: a) dated November 10, 1997 which reads as f6llows: ". . .the proposed deck addition of approximately 1000 sq. ft. will exceed the allowable lot coverage of 2210 sq. ft. The existing dwelling covers 2369 sq. ft. already exceeding the allowable coverage by approx. 160 sq. ft. Note: ZBA Appl. #3784 11/16/88. Therefore the total square footage would exceed the allowable covering in an R40 Zone by approximately 1160 sq. ft. pursuant to Article IIIA 100-30A.3.. .";' b) dated November 17, 1997 which reads as follows: Page 2 of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 ". . .1. The proposed deck addition will encroach on the allowable 75' setback requirement to a bulkhead adjacent to tidal water bodies, pursuant to Article XX1II, 100-239.4B, 2. the proposed deck addition encroaches on the allowable front yard setback of a non-conforming-lot of under 20,000 sq. ft. in an R40 Zone. The location of the encroachment is on the south side of the parcel on Owaissa Avenue pursuant to Article XXIV, Section 100-244B. . .";. c) dated December 15, 1997, which reads as follows, and noted by the Building Inspector as a revision to (a) above as follows: ". . .exceed the allowable coverage in an R40 Zone by approximately 206 sq. ft. .. . This disapproval is based on the most recent survey dated September 4th (sic), 1997. . . ." Note: disapproval was corrected to show survey was dated December 4, 1997; d) dated January 5, 1998 which reads as follows, and noted by the Building Inspector as revised: ".. .the proposed deck addition will exceed the allowable lot coverage of 2401 sq. ft. The existing dwelling covers 2369 sq. ft. The proposed deck addition is 1000 sq. ft. Therefore, the total square footage would exceed the allowable coverage in an R40 Zone by approximately 968 sq. ft. pursuant to Article IIIA, Section 100-30A.3. Note: This disapproval is based on the most recent survey with a revised date of December 4, 1997. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To construct new deck addition at the rear of dwelling. Relief sought was offered by applicant as follows a) ORIGINAL RELIEF SOUGHT: 1000 sq. ft. deck with a total lot coverage of 3,279 sf after allowing for removal of the "boathouse," and a minimum setback from the bulkhead of nine feet; b) SECOND PLAN/RELIEF SOUGHT: total lot coverage of 2948 sq. ft. with removal the "boathouse" structure; and proposed setback from the bulkhead shown at a minimum of 1712" at its closest point; c) THIRD ALTERNATIVE PLAN SOUGHT BY APPLICANT: total lot coverage of 2904 sq. ft. and proposed setback to the bulkhead at a minimum of 17'2" feet and 17 feet from the south/east corner of the proposed deck- to the current-southerly property line (along Owaissa Avenue). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance as originally applied for will produce an undesirable change in character of neighborhood or a detriment to nearby properties because, relative to the neighborhood, the lot coverage of 29.7% would be excessively large and the setbacks from bulkhead and Owaissa Avenue would be excessively small. Page & of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 (2) The area variance, as applied for, is substantial. (3) Because the benefit of an outdoor deck sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance, due to the size of the property, the present construction, and today's code requirements, the Board has considered alternatives to the relief originally sought, including the alternatives presented by the applicant. The Board has determined to deny the relief originally sought by the applicant and grant alternative relief (noted below). (4) The Board finds this action is the minimum necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. (5) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the application as applied for, and to GRANT ALTERNATIVE RELIEF FOR A DECK, OPEN TO THE SKY, TO BE DESIGNED BY THE APPLICANT, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. LOT COVERAGE: The total lot coverage, including principal building (house) plus proposed deck addition, .and accessory buildings, shall not exceed 24 percent of the total lot area of 11,053 sq. ft. which is 2653 square feet. (This is based on the total lot area which excludes the land claimed by the applicant on the right-of-way known as Owaissa Avenue.) This 24% lot coverage limitation would allow options to be decided by the application with respect to 'design provided it meets the following additional conditions. 2. FRONT YARD: The southeasterly corner of the new deck construction shall be no closer than 17'2" to the southeasterly (front) property line (excluding the right-of-way area on Owaissa Avenue). 3. REAR YARD: The rear yard setbacks: a) at the north/east corner of the deck addition shall be no closer than 28- feet to the inside of the bulkhead at its closest point; and b) at the center portion of the deck shall be no closer than 20 feet to the inside of the bulkhead at its closest point; and c) at the south/east corner of the deck shall be no closer Page of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 than 2113" to the inside of the bulkhead at its closest point. 4. DECK CONSTRUCTION: The deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, and HORNING. NAY: . MEMBER TORTO his Resolution was duly adopted (4=1). ERARD P. GOEH G , CH MAN AS400/Actions.all/87-3-8 APPEALS BOARD MEMBERS O��gOFFO[�CO � Southold Town Hall Gerard P. Goehringer, Chairman c G?1 53095 Main Road James Dinizio,Jr. W Z P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 y O� ZBA Fax(516)765-9064 Lora S. Collins George Horning �Ol �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. #4541 - RUTH LEONARD PARCEL: 1000-78-7-38 as one lot Adjoining Lot is identified as 1000-78-7-39 STREET & LOCALITY: 755 and 795 Case Drive, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY DESCRIPTION/FACTS: The application and photocopy of survey prepared by Otto VanTuyl, surveyor, dated June 20, 1963 indicates the following property facts with regard to the subject property (pending building permit application with the Building Department) : a). the subject Lot 38 is shown 75 feet wide along Cedar Lane and 265 feet in depth, which dimensions follow the original perimeter as per deed establishing the lot lines at the time of its creation, evidenced by January 26, 1954 Deed at Liber 3660 page 90 dated and Deed dated May 1974 at Liber 7641 page 473; b) the subject lot contains 19,875+- sq. ft. in area and is unimproved, vacant land. REQUEST BY APPLICANT: Request for, Grant of a Waiver as provided by Section 100-26 for Lot identified on the County Tax Maps as District 1000, Section 78, Block 7, Lot 38, which dimensions are confirmed by deed dated January 26, 1954. The adjoining lot (1000-78-7-39) was created by Deed at Liber 2885 page 195 dated October 9, 1948, consists of 19,875+- sq. ft. and lot width of 75 feet, and is improved with an existing single-family dwelling (constructed in about 1965). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated. January 7, 1998, Which reads as follows: "Both parcels being located in an R40 Zone: Tax Map #1000- 78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C. . . See attached determination by Town Attorney. . . ." r Page 2 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Merger of lots #38 and #39 occurred upon the death of the applicant's (Ruth Leonard f/k/a Peck) husband on March 26, 1996. Prior to that and for a period of 22 years, the lots were maintained in separate ownership. Since 1974, vacant lot #38 has been owned by Ruth Leonard, and the improved lot #39 was owned by Ruth Leonard and Alexander Peck as joint tenants with right of survivorship. Upon Mr. Peck's death in' 1996, his ownership interest in lot #39 automatically passed to his wife, Ruth Leonard, and the two lots merged pursuant to section 100-25 of the town code. 2. by way of attorney, applicant submitted a review of the approximate sizes of 16 lots on Cedar Drive, which incorrectly calculated the two individual lot sizes of the applicant's merged 39,750 sq. ft. lot, and excluded lots #30.1 and #29, which also have street frontage on Cedar Drive. 3. Accordingly, the Board finds that there are presently 17 lots on Cedar Drive. Nine lots #29, #30.1, #36, #42, #41.5, #40, #41, #5, and merged Lots #38 and #39, are larger than the two 19,875 sq. ft. lots that would be created by grant of a waiver of merger. One lot, #37, is identical in size (19,875 sq. ft.) . Seven lots, #1, #2, #3, #6, #7, #8, and #35 are smaller than 19,875 sq. ft. 4. The neighborhood is developed. Of the 17 lots, all are improved with single-family residences, except lot #5 which is vacant. Lot sizes range from 10,800 sq. ft. to 53,000 sq. ft. on Cedar Drive. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the Waiver in accordance with the application for the following reasons: 1. The two lots were carefully maintained as separate entities for 22 years, and merger occurred inadvertently by death of the applicant's husband in 1996. 2. The waiver will not result in a significant increase in the density of the neighborhood because with the exception of one vacant lot, all of the remaining lots on Cedar Drive are improved with single-family dwellings. 3. The waiver would recognize a lot that is consistent with and exceeds the size of 47 percent of the lots on Cedar Drive. 4. The waiver would recognize the original lot lines created by deed. Page 3 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 5. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, nor will there be a substantial filling of land affecting nearby environmental or flood areas. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Horning. This o u 'on wa ly opt . GERAR P. GO HRI GER, AIRMAN AS400/Actions.all/78-7-38 APPEALS BOARD MEMBERS Q$UfFO(�-COG Southold Town Hall Gerard P. Goehringer, Chairman c yJ►c 53095 Main Road James Dinizio,Jr. y Z P.O. Box 1179 Southold,New York 11971 Lydia A.Tortora �py ��� ZBA Fax(516)765-9064 Lora S. Collins '�O,( �George Horning Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4535 - WILLIAM AND PAT MOORE, CONTRACT VENDEES PARCEL ID: 1000-70-2-8 STREET & LOCALITY: 51020 Main Road, Southold DATE OF PUBLIC HEARING: February 26, 1998 REQUEST MADE BY APPLICANT: This is a request made by the applicants as contract vendees for a Special Exception to establish principal (primary) *use of 877 sq. ft. of professional office floor area as shown on Plans dated February 4, 1998 prepared by Chorno Associates, Architects, Planners, Quakertown, PA. FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is located in an RO Residential-Office Zone District, being situate on the easterly side of Main Road (a/k/a State Route 25), Southold. It contains a total lot area of 40,000 sq. ft. and is . improved with a principal dwelling and accessory garage (ref. photocopy of survey prepared by Roderick VanTuyl, P.C.- dated May 1984) submitted for consideration and made a part of the file. The February 4, 1998 Plan shows a total of seven parking spaces and two spaces in the accessory garage, for a total of nine parking spaces. A request is presently before the Planning Board regarding a possible waiver of the site plan requirements for this project, pending the outcome of the within ZBA determination. BASIS OF APPLICATION (CODE PROVISION): Chapter 100 "Zoning," under Article VII, Section 100-71B(2) which provides for principal professional office use by Special Exception issued by the Board of Appeals. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Professional offices and business offices are permitted in this R/O Residential Office District under Section 100-71B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals, and subject to the requirements imposed by such zoning ordinance to assure that the proposed use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. Page 2 - February 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. 100-71B provides that not more than one use shall be allowed for each forty thousand (40,000) square feet of lot area. the principal use for professional and business offices with accessory storage are the only principal use. proposed for the lot. The use and 40,000 sq. ft. lot size comply with the provisions of 100-71B. 3'. The Board has considered the General Standards set forth under Section 1010-263 and finds that: A) The use will not prevent the orderly and reasonable use of adjacent properties in the adjacent R/O District, or in the R-40 to the east. B) The use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of" permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The use will be in harmony with and promote the general purposes and intent of the code; E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. 4. The Board has reviewed other matters to be considered under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the use requested in this Special Exception application SUBJECT TO THE FOLLOWING CONDITIONS: 1. The 15-ft. driveway shall be designed and maintained to provide access and egress to Route 25 (Main Road) to prevent vehicles from backing out onto the Main Road. Page 3 - February 26, 1998 Appl. No. 4535: 1000-70-2-8 (Moore) Southold Town Board of Appeals 2. Site plan review, waiver or other authorization required by the Southold Town Planning Board. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING and COLLI is re s ly adopted (5-0) . GERARD P. GOE NG R, CH MAN AS400/Actions.all/70-2-