HomeMy WebLinkAboutZBA-09/11/1997 APPEALS BOARD MEMBERS SUFFO��
Southold Town Hall
Gerard P. Goehringer, Chairman �� °y 53095 Main Road
Serge Doyen o � P.O. Box 1179
co
James Dinizio,Jr. Southold, New York 11971
Fax(516)765-1823
Lydia A.Tortora 0,( �a0 Telephone(516) 765-1809
Maureen C. ostermann BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
REGULAR MEETING
THURSDAY, SEPTEMBER 11, 1997
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, SEPTEMBER 11, 1997
commencing at 6:45 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr. , Member
Lydia A. Tortora, Member
Maureen C. Ostermann, Member
Linda Kowalski, ZBA Secretary
Absent (excused) was:
Serge Doyen, Member (Fishers Island).
6:45 p.m. Chairman Goehringer called meeting to order.
PUBLIC HEARINGS (AGENDA ITEM I):
After introduction by the Chairman and reading of the
applications for each public .hearing, testimony was received on the
following. See written verbatim transcripts prepared separately for
specific comments made and reference as needed and permanent
recordkeeping.
6:50 p.m. #4356 - MARTIN KOSMYNKA by Gary Flanner Olsen, Esq.
This is an application for. a. Variance, based upon the Building
Inspector's Action of, Disapproval which states that under Article
ITI.A, Section 100-30A.4 (ref: Article XXIV, Section 100-244B) ,
proposed accessory garage will have insufficient front yard setback.
Code requirements: 35 ft. minimum front setback and three foot
setback from side property lines for lots having less than 20,000 sq.
ft. in area. Location of Property: 1985 Pine Tree Road,
Cutchogue; Parcel #1000-98-1-11.2. Gary Flanner Olsen, Esq.
appeared in behalf of Mr. Kosmynka, who was also present.
Page 2 - Minutes & olutions
September 11, 1997 Regular Meeting
Southold Town Board of Appeals
Appearances were Peter Walker, Dick Noncarrow, William Peters.
Opposing the application were Thomas Cottral and Thomas LeViness.
(See written transcript of hearing prepared under separate cover for
verbatim statements.) At the end of hearing discussions, motion
was made by Chairman Goehringer, seconded by Member Tortora,
and duly carried, to close (conclude) the hearing. Vote of the
Board: Ayes: All (4-0) .
7:41 p.m. E. Corwin. Application for parcel known as 3505 Camp
Mineola Road, Mattituck; Parcel 1000-123-6-12.5:
A) RESOLUTION expected declaring application for lot waiver
moot due to 1969 P.B. subdivision approval and confirming
Notice of Disapproval for lot creation date was not in
error Re: Merger Determination by Building Dept. and
recent Lot Creation Waiver Appl. #4504 - ELEANOR
CORWIN (Owner)_
7:44 B) Appl. No. 4505 - JOYCE GRATTAN (Contract Vendee).
This is a request for Variances under Article XXIV,
Section 100-244B, for a proposed new dwelling with
reduced front yard and rear yard setbacks (ref: July 10,
1997 Action of Disapproval by the Building Inspector.
Appearing was Mrs. Joyce Grattan. Opposing the application was
Raymond Feyna.k, resident-property owner in the immediate area.
(See written transcript of hearing prepared under separate cover for
verbatim statements.) At the end of hearing discussions, motion
was made by Chairman Goehringer, seconded by Member Tortora,
and duly carried, to close (conclude) the hearing. This resolution
was duly adopted.
HEARING ADJOURNED: The Chairman asked whether anyone was
present regarding the HAY HARBOR. CLUB, INC. Special Exception
application. No one was present. RESOLUTION ADOPTED:
On motion by Chairman Goehringer, seconded by Member Ostermann,
it was
RESOLVED, to adjourn Appl. 44503 of Hay Harbor Club (Special
Exception) to October 23, 1997 (or later when the hearing is
confirmed regarding anticipated appeal from decision of the Building
Inspector) . Location of Property: Oriental Avenue, Fishers Island,
NY; Parcel #1000-9-12-8.1.
Vote of the Board: Ayes: Members Goehringer, Dinizio,
Tortora, and Ostermann. (4-0) . This resolution was duly adopted.
Page 3 - Minutes & X, olutions
September 11, 1997 Regular Meeting
Southold Town Board of Appeals
7:58 - 8:38 p.m. Variance application for ELEANOR SIEVERNICH by
Anthony Salvatore, Esq. (Continued hearing from 8/14/97) . 3200
Cox Neck Road (a/k/a Mill Road) , Mattituck; Parcel #1000-113-8-5.
Mr. Salvatore appeared with Mrs. Sievernich. Appearing in
opposition was Abigail. Wickham, Esq. representing Mr. and Mrs.
Sidorwitz, adjacent property owners to the north. (See written
transcript of hearing prepared under separate cover for verbatim
stal:ements.) At the end of hearing discussions, the following
resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Dinizio, it was
RESOLVED, to RECESS the hearing without a date, pending
receipt of a new map confirming the current wetlands area., and
square footages as discussed during the hearing.
Vote of the Board: Ayes: All 4-0. This resolution was duly
adopted.
End of Hearings.
SEQRA (Agenda Item II) : RESOLUTION: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, to confirm all setback, height, accessory and other
minor applications pending as Type II Actions under SEQRA.
VOTE OF THE BOARD: AYES:. ALL. (4-0). This resolution
was unanimously adopted.
OTHER MATTERS confirmed (Agenda Item IV):
a) Agenda Item Reminder for Committee Session of Planning &
Zoning.
b) Regular ZBA Meeting G:45 p.m. , September 25, 1997.
Pursuant to a previous resolution of the Board, a. copy of the Legal
Notice as published today was made available for these public
hearings to be held September 25, 1997:
1. Appl. #4506.MO - E. Mulligan Estate (deck as built)
2. Appl. #4508.JD - Joseph Melly (lot waiver)
3. Appl. #4492.LT - W. Klein (carryover from 8/11)
4. Appl. #4501.MO - E. Nagy (carryover from 8/28)
5. Appl. #4509.LT - Southold Automotive (Tonyes) .
Page 4 - Minutes & x..t�,olutions
September 11, 1997 Regular Meeting
Southold Town Board of Appeals
(Agenda Item IV-c) RESOLUTION:
On motion by Chairman Goehringer, seconded by Member
Ostermann, it was
RESOLVED, to adjourn the following public hearing, as
requested by Gary Flanner Olsen, and re-schedule from September
25, 1997 to October 9, 1997:
Appl. No. 44 - M. Zevits- Request received 9/11 from
G. Olsen, Esq. for adjournment of Appl. #4507.GG - M.
Zevits (lot waivers) to Oct. 9th. (Request was timely and
received prior to advertising.)
Vote of the Board: Ayes: All (4-0) , none opposed. This
resolution was duly adopted.
>C Jk xC
TONYES REALTY CORP. - new application review. Board
Members agreed to visit the premises this Saturday, September 13th
at approximately 11:00 a.m. , and the Board requested the applicant's
presence at that time if possible, or another date at his convenience.
Also, the Board Secretary indicated the Planning Board will receive
a written coordination letter by September 15th, and asked whether
the hearing should be advertised for September 25, 1997 or the
following meeting. No change was made in the September 25th
hearing date.
RESOLUTIONS/MISCELLANEOUS (Agenda Item V):
A) RESOLUTION: On motion by Chairman Goehringer,
seconded by Member Dinizio, it was
RESOLVED, to authorize advertisement of the following matters
for public hearings to be held October 9, 1997:
Appl. #4510.MO: Lauren Albertson - (Deck Addition)
Appl. #4511 .GG: James Weeden (Pool in side yard) .
NYNEX at Mattituck: (prev. resol. for 10/9 Hearing 10/9)
Appl. 44507.GG - M. Zevits - (lot waivers due to merger
with prior P.B. subdivision)
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio,
Tortora, and Ostermann. This resolution was duly adopted (4-0) .
(Member Doyen of Fishers Island was absent.)
Page 5 - Minutes & ivuoolutions
September 11, 1997 Regular Meeting
Southold Town Board of Appeals
RESOLUTION: On motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to hereby confirm inspections and authorize
advertisement of the following applications for public hearings to be
held October 23, 1997, or earlier on October 9, 1997 if an opening
becomes available and meets advertising deadlines:
Appl. #4512.JD: Church of God (sign - new location) .
Appl. #4513.LT: C. Gicale (fence height) .
VOTE OF THE BOARD: AYES: ALL (4-0, none opposed) . This
resolution was unanimously adopted. (Member Doyen of Fishers
Island was absent. )
DELIBERATIONS/DECISIONS (Agenda Item III) : Following this
page, before the signature page, are duplicate copies of the original
decisions and resolutions as filed with the Town Clerk's Office and
as adopted by the Board. Their order is listed below:
M. Tangney
E. Frerking
J. Grattan
E. Corwin
M. Kosmynka.
o��g*ilfFO(�coG
APPEALS BOARD MEMBERS may`
o Southold Town Hall
Gerard P. Goehringer,Chairman O 53095 Main Road
Serge Doyen,Jr. y �� P.O. Box 1179
James Dinizio,Jr. O! ��® Southold,New York 11971
Fax(516) 765-1823
klaureen t-;. ( .:ter-rn�.;;r; Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF SEPTEMBER 11, 1997
Appl. No. 4445 - MARY TANGNEY - PARCEL 1000-103-5-2.1
LOCALITY: .1703 Private Road off Little Neck Road, Cutchogue
DATES OF HEARING: January 16, 1997 and August 28, 1997.
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-80 Residential 'Lone District, being
situate along a private right-of-way which extends off the the
easterly side of Little Neck Road. The properi:y as exists contains a
total area of 143,020 scl. ft. (or 3.28 acres) as depicted on the
map prepared by Garrett A. Strang, Architect, dated July 16, 1996.
The most northerly portion of the property is improved with an
existing one-story frame dwelling.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
March 20, 1996 which reads as follows: under Article III, Section
100-32 for proposed insufficient lot area in this proposed set-off or
minor subdivision for a total of two lots.
AREA VARIANCE RELIEF .REQUESTED BY APPLICANT: For proposed
insufficient lot area. in this proposed set-off. or minor subdivision
for a total of two lots. Lot 41 as proposed is shown to be 40,191
scl . ft. ( .923 acres) and Lot #2 as proposed is shown to be 102,829
sq. ft. (2.36 acres) . Lot #1 has frontage of 205.79 feet along the
private right-of-way and Lot 92 as proposed is shown to have access
and frontage of 15 feet along the private right-of-way, extending
.1.93.06 feet south.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
( 1 ) The granting of the area variance will/4pro uce an undesirable
change in character of neighborhood or a detriment to nearby
properties bec tiuse Lot #1 is' similar .in size to the three other lots
located adjacent to the private right-of-way, including 103-5-1G,
103-! and 103-5-2.2. In addition, the redccced lot size granted to
Lot #1 is in consider.ition of and conditioned Upon the filing of a.
coveiiant to prohibit further subdivision of Lot #2, which is bounded
on the south by vacant R-80 zoned lairds.
Page 2 of 3 - Appl. tt-.1445
Re: M. Tangney (1000-103-5-2.1)
Southold Town Board of Appeals
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because the applicant desires to create two lots on property that
contains a total of 3.28 acres rather than the 4 acres required for
two lots in this R-80 Residential Zone District.
(3) The requested area variance is substantial in relation to Lot
#1, representing more than a 50% reduction in lot area required for
this R-80 zoning district. However, Lot #2 will exceed the required
minimum lot size. In considering the total area of the parcel and
proposed yield, the variance is not substantial and represents a 22 0
reduction (4 acres to 3.28 acres) in total lot area_
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because Lot #1 is improved and similar in size and character
to others on the private right-of-way. Lot #2 will be protected by a
covenant to prevent further subdivision to preserve the integrity of
the vacant R-80 Residential Zoned property to the south.
(5) The situation has been self-created.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Member Dinizio, it was
RESOLVED, to GRANT the relief as applied, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Subdivision approval of the Southold Town Planning Board.
2. ' Lot No. 2 shall be made subject to a covenant that will prohibit
future subdivision. Grant of this area variance on Lot .No. 1 is in
consideration of and conditioned upon such covenant.
3. Such covenants shall be prepared in accordance with the Town
Attorney and filed with the Suffolk County Clerk's Office on or prior
to the grant of subdivision approval.
4. These covenants shall not be modified in the future, except upon
petition of the then owner of the premises and with the approval of
Page 3 of 3 - Appl. „ _ 145
Re: M. Tangney (1000-103-5-2.1)
Southold Town Board of. Appeals
a majority plus one of the Board of Appeals after a public hearing.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, and OSTERMANN. solutio wa duly adopted
(4-0). (Member Doyen of Fis rs Isla d was, ab a -e us .)
��1J
•GERARD P. GOEH NGER, HAIRMAN
Actions.all/1034-2.1
APPEALS BOARD MEMBERS p�Qg�FFO(,�cOG Southold Town Hall
Gerard P. Goehringer,Chairman c� Z1 53095 Main Road
Serge Doyen v� z P.O. Box 1179
James Dinizio,Jr. O Southold,New York 11971
Fax(516)765-1823
Lydia A.Tortora Telephone(516)765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF SEPTEMBER 11, 1997
Appl. No. 4499 - Richard and Pamela Frerking 1000-115-1.2-9
STREET & LOCALITY: 680 Deep Hole Drive, Matt._ituck, NY
DATE OF PUBLIC HEARING: August: 28, 1997
FINDINGS OF FACT
PROPERTY FACTS:/DESCRIPTION:
This property is located in an R-40 Low Density Residential Zone
District, being situate on the westerly side of Deep Hole Drive,
Mattituck. This lot contains a total area of approximately 9972 sq.
ft. a.nd an inspection of the premises shows that the premises is
improved with the following: one-story and two-story dwelling with
additions set back at 32 feet from the front property line at its
closest point.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July .1 , 1997, under which applicant applied for a building permit to
construct an addition to dwelling which will have an insufficient
front setback as a principal building at less than the existing,
established 32 ft. nonconforming setback, under Article XXIV,
Section 100-2,1.1B . The Building. Inspector has also confirmed that
tale setback is less than a 35 ft. setback (ref: setback schedule for
pa.rc.els having 9972 sq. ft. in size) .
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
17141' wide by IT deep addition at the front of the existing dwelling
leaving a reduced setback at 19 feet from the front property line.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
Alternative relief is requested as a minimum a117ouTlt: of relief for a
Cottr. ft. extension at the frc)nt cif t.11e house, wr-apping around the
side of the h01156' TU�I1111a111U1_ l.he same side yard setback at its
closest existing point. The olter.native setback for this four-ft.
(runt: extension will 1F!av( �i frolityar(l setback at 28 feet. at its
closest point.
(.1) The granting of alternative, rF:lief.' in this area. variance will
not produce -,in undesirable change in character of neighborhood or a
detriment to nearby pn)perties beuatise other' prctl)erties in the area
Page 2 - September 1997
App.l. 44498 (Frerking) : 1000-.115-.12-9
Southold Town Board of Appeals
appear to be within the same distance from the street that this
addition will be after it is built.
(2) The benefit sought by the applicant can be achieved by
alternative relief;. however, the benefit cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
due to the substandard. size of the property, the limited buildable
ya.rd areas for this waterfront lot, and setbacks of the principal
building at it presently exists.
(3) The requested area variance is not substantial representing a
reduction of four feet from the existing. 32 ft. setback to acquire
the new 28 ft. setback (alternatively) . Note: The applicant's
original request for a 19 ft. setback is substantial representing a
reduction of 13 feet in the front yard.
(4) The proposed variance, as alternatively granted, will not have
an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because other houses in
t:lie area have similar setbacks.
(5) The situation has not been self-created and is uniquely related
to the characteristics of the layout of the land, its substandard
size at 9972 sq. ft. , and location of existing buildings.
(6) This action is the minimum ghat the Board deems necessary and
adequate and at the same time preserves and' protects the character
of the neighborhood, and the hea.ltli, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Member Ostermann, it was
RESOLVED, to DENY the relief requested for a front yard at 19
feet, and BE IT FURTHER
RESOLVED, to GRANT ALTERNATIVE RELIEF for a setback in the
front yard to 28 feet at its closest: points.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA,
OSTER.MANN, GOEHRINGER.. (Member Do en of Fishers Island was
absent and excused. )
//--GERARD P. GOE RIN 'ER, AIRMAN
Resolution Dated 9/11/97
Actions.all/115-12-9
o��gpf f0(,��oG
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer,Chairman 0 53095 Main Road
Serge Doyen,Jr. y �� P.O. Box 1179
James Dinizio,Jr. Ol �`�� Southold,New York 11971
Fax(516)765-1823
Lydia A< Tortora Maureen C. Ostermann Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF SEPTEMBER 11, 1997
Appl. No. 4505 - Joyce Grattan (Contract Vendee) 1000-123-6-12.5
STREET & LOCALITY: 3505 Camp Mineola Road, Mattituck, NY
DATE OF PUBLIC HEARING: September 11, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-40 Low-Density Zone District, being
situate on the easterly side of Camp Mineola Road. This lot contains a
total area of 14,113 sq. ft. as depicted on the June 12, 1997 survey
map. This property is vacant land, and is shown as Lot #2 on the
June 11, 1969 Minor Subdivision Map for Lena F. Howell signed by the
Planning Board Chairman on September 15, 1969. By separate review,
this lot has been single and separate since 1983 pursuant to Sec. 100-25.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July 10, 1997 which, in part as it pertains to this application, reads
that under Article XXIV, Section 100-244B, proposed new dwelling will
have reduced front yard and rear yard setbacks.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new
dwelling with reduced front yard setbacks at 30 ft. and at 27 ft. at the
closest points, reduced rear yard setback at 25-26 ft. from a proposed
deck, and reduced rear setback for the most northerly portion of the
proposed dwelling with a 30 feet rear yard. Both side yard setbacks
are proposed to be conforming under the current code.
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 many of the existing dwellings, from Terry Road
south on Camp Mineola Road, have reduced front and side yard areas
due to the small size of these properties.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because applicant's property is substandard in size, -14,113 sq. ft. , and
only 92+ feet deep. Without variances, the applicant's house would be
restricted to a depth of 20 feet.
(3) The requested variance is not substantial in relation to the
reduced front and side yard areas of nearby properties. In relation to
the Town Code, the alternative rear yard setback at 26 feet hereby
'Dage 2 - Appl. 44505 _ ,ariance)
Re: 1000-123-6-12.5 (Grattan)
Southold Town Board of Appeals
setback, and the proposed 27 ft. front yard setback represent a 23%
reduction.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the variance granted is minimal.
(5) The difficulty has not been self-created because this 14,113 sq.
ft. lot was duly created by subdivision in 1969 prior to the more
stringent setback requirements of the existing zoning code.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
RESOLVED, to DENY the relief as applied for a 26 ft. rear yard
setback, and be it further
RESOLVED, to GRANT ALTERNATIVE RELIEF for a 30 ft. rear yard
setback at its closest point, reducing either the building and/or the
deck addition to conform with the 30 ft. minimum 30 rear yard
setback, and allowing a 27 ft. front yard setback at its two closest
points (bay windows or step areas) , SUBJECT TO THE CONDITION
that the deck not be enclosed.
VOTE OF THE BOARD: * AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, OSTERMANN. (Member Doyen of Fishers Is nd was
absent-excused.) This resolution u adopt.,. 0 .
GERA P. GOEHRINGER, C-TIAIRMAN
Actions.all/1236-12.5/p3
APPEALS BOARD MEMBERS �p�Qg�fFU[,�coG Southold Town Hall
~ y�
Gerard P. Goehringer,Chairman c .� 53095 Main Road
Serge Doyen Me P.O.Box 1179
James Dinizio,Jr. O "' Southold,New York 11971
Fax(516)765-1923
Lydia A.Tortora Telephone(516)765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF SEPTEMBER 11, 1997
Appl. #4504 - E. CORWIN, Property Owner.
PARCEL: 1000-123-6-12.5 (adjoins 12.4 and 12.3)
STREET & LOCALITY: 3505 Camp Mineola Road, Mattituck (as
corrected by,_ Assessor's Office instead of #3460)
DATE OF PUBLIC HEARING: September 11, 1997
FINDINGS OF FACT
RELIEF REQUESTED BY APPLICANT: Approval of Waiver under
Section 100-26 for a single nonconforming lot identified as
1000-123-6-12.5.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July 10, 1997, which reads as follows: "under Article II, Section
100-24A(1), the 14,113 sq. f t. lot created by deed on August 21,
1978 does not conform to the minimum lot size set forth in Bulk
Schedule AA as of the date of lot creation, the required lot size is
40,000 sq. ft. for lots created after December 2, 1971. Under
Article XXIV, Section 100-244B the required lot line setback
requirements are a minimum of 35 feet front yard, 35 ft. rear yard,
side- yard at 10 ft. with both sides equal to 25 ft. Survey shows
the, property (sic) dwelling at 10 ft. with both sides equal to 25
ft. Survey shows the property dwelling does not have the required
front yard and rear yard lot line setbacks. . . ."
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
The subject lot .1000-123-6-12.5 is vacant land and consists of a lot
size of 14,000 square feet and adjoins improved lots of similar size
to the south (1000-123-6-1-2.4) and to the north (12.3) .
The subject lot (12.5) and southerly adjoining lot (12.4) have been
held in single and separate ownership since prior to 1983 as
confirmed by the title insurance company's search submitted under
this application.
This subject lot 12.5 was created by minor subdivision approval of
the Southold Town Planning Board and signed by the Chairman
September 15, 1969.
RESOLUTION ADOPTED:
Page 2 - Appl. #4504
Re: 1000-123-6-12.5 (Corwin/Grattan)
Southold Town Board of Appeals
On Motion by Member Dinizio, seconded by Chairman Goehringer, it
was
RESOLVED, that,, aced on the above, it is hereby determined
that the application before the board is moot, for the reason given
tinder Section 100-24 _ relating to "Lot Creation," that this lot is
recognized under subdivision (2), and that no merger has occurred
as of July 1, .1983 or thereafter.
VOTE OF THE BOARD: AYES: Members Dinizio, Tortora, Ostermann,
and Goehringer. Member Doyen .of Fishers Island was absent during
this vote.
This resolution was duly adopted u nimo y (4-0 .
J
Approved for Filing
i Approved
P. GOEHRINGER,4CHARMAN
------------------------
Actions.all/123-6-12.5
APPEALS BOARD MEMBERS �OgUFfU(,�Co
�p G Southold Town Hall
Gerard P. Goehringer,Chairman c y< 53095 Main Road
Serge Doyen cn Z P.O. Box 1179
James Dinizio,Jr. p Southold, New York 11971
p�� Fax(516) 765-1823
Lydia A.Tortora Telephone(516) 765-1809
Maureen C.'. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF SEPTEMBER 11 , 1997
Appl. No. 4356 - M. Iiosmynka PARCEL 1000-98-1-11 .2
STREET & LOCALITY: 1985 Pine Tree Road, Cutchogue
DATE OF PUBLIC HEARING: January 10, 1996; February 7, 1996;
September 11, 1997.
FINDINGS OF FACT
111ROPERI'Y FACTS/DESCRIPTION:
This property is located in an R-40 Low-Density Residential Zone
District, being situate on the easterly/northeasterly side of Pine
Tree Road, Cutchogue. This lot contains a total area of 16,306 sq.
ft. as depicted on the survey map last dated 7/17/91. The survey
shows' the following improvements: two-story frame house and
in-ground drainage basin located within stone blend driveway,
cesspool and water well locations.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
January 17, 1995, updated December 6, 1995, which reads as
follows: "under Article III-A, Section 100-30A.4, property
construction of accessory garage will have insufficient front
setback. R.40 Zone, nonconforming lot size under 20,000 sq. ft.
requires 35 ft. front yard setback and 3 ft. side yard setback."
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
proposed accessory garage 24 ft. by 24 ft. in size with a three ft.
setback from the side property line and 19 feet from the front
property line at its closest points. Height is proposed to conform
with zoning code for•accessory buildings.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
Section 100-33C of the Zoning Code provides for a. front yard
location of accessory- buildings, provided they meet the principal
setback from the front property line (35 feet in this instance) .
The difficulties in locating the accessory building at 35 feet are
clue to an e.xistin,g under-gruund drainage basin which is necessary
to rE i yin ground water run-off and drainage, due to the e:�isting
sc pt.ic pool locations, and narrowness of the lot in the front yard.
Page 2 - Septembe_ ._J , .1997
Re: 1000-98-1-11 .2 (Iiosmynka)
Southold Town Board of Appeals
There is no area available in the rear yard due to the restricted
buffers, wetlands, and adjacent areas to wetlands.
The opposite side to the south is landscaped with arborvitaes and
other established plantings.
(1) The granting of the a.re4 variance as applied would produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because there are no other parcels in the
immediate area on the same side of applicant's improved premises that
have accessory garages in the front yard area.
(2) The benefit. sought, as originally requested by the applicant,
can be achieved by some method, feasible for applicant to pursue -
such as the alternative location noted below - as the minimum
necessary.
.
(3) The relief requested is substantial with a setback at 19 feet,
consisting of 5.116 of a. variance from the 35 feet setback requirement.
(4) The proposed variance will have an adverse effect or. impact on
the physical or environmental conditions in the neighborhood or
district because the building can be moved with a greater setback.
(5) The situation has not been self-created and is related to the
layout of the property.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Chairman Goehringer,
seconded by Member Tortora., it was
RESOLVED, to DENY the relief requested for a 19 ft. front yard
setback; and BE IT FURTHER.
RESOLVED, to GRANT alternative relief, subject to the following
COND[TIONS:
1 . The building shall be setback at 25 feet (closest point) from the
front property line and five (5) feet from the side property line to
the north.
2. Plantings of three to five ft. high evergreens shall be planted
and continuously maintained, separated 5 ft. to 6 ft. apart: along the
side of garage facing front property line.
l
Page 3 - September 1997
Re: 1000-98-1-11.2 (Iiosrnynka)
Southold Town Board of. Appeals
3. Garage doors must face south on the side of this building that
.faces the inside of driveway (for egress and ingress as proposed) .
4. Accessory . building (garage) shall contain only utility of
electricity and not be used for habitable quarters.
5. Height of accessory building (garage) shall be 14 feet in height
as requested.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER., DINIZIO,
TORTORA, and OSTERMANN. (Member Doyen of Fishers Island was
absent, excused. ) This resolution as duL!.�
/GERARD P. GOEHRINGER, CHAIRMAN
September 12, 1997
Actions.all/98-1-11 .2
Page 6 - Minutes & 1,.Cz5olutions
September 11, 1997 Regular Meeting
Southold Town Board of Appeals
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
/ L And Kowalski
Board Secretary 9/18/97
Gerard P. Goehrinter, C irman
Approved at Meeting of 9/25/97
RECEIVED AND FILED BY
THE SOUTHOLD TOWN ClIfff
DATE 9� HOUR 3 cc?,
Town Clerk; -Town of Southold