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HomeMy WebLinkAboutZBA-08/14/1997 APPEALS BOARD MEMBERS OFF04 Southold Town Hall Gerard P. Goehringer,Chairman r�`1` Gym 53095 Main Road Serge Doyen C= '� P.O. Box 1179 James Dinizio,Jr. * Southold,New York'11971 �, • �� Fax(516)765-1823 Lydia A.Tortora Oj �a0 Telephone(516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING THURSDAY, AUGUST 14, 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, AUGUST 14, 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 was: Member Serge Doyen (Fishers Island). 6:45 p.m. Chairman Goehringer called meeting to order. AGENDA ITEM I. PUBLIC HEARINGS: An introduction was given for each application to be heard tonight by the Chairman, and all testimony was received as noted in the written verbatim transcripts prepared separately for the permanent record. 6:48 p.m. Appl. No. 4497 - NOREEN TOSCANO. This application is a request for a Variance, based upon the Building Inspector's June 201 1997 Action of Disapproval which states that under Article XXIV, Section 100-244B, Article IIIA, Section 100-30A.3, the rear yard setback on a lot in an R-40 Zone with less than 20,000 sq. ft. shall be 35 feet and the deck construction exceeds allowable lot coverage. Location of Property: 5225 Peconic Bay Boulevard, Laurel, NY; 1000-128-1-12. Noreen Toscano spoke in behalf of her application. After receiving testimony, Motion made by Chairman Goehringer, seconded by Member Ostermann, and duly carried, to close the hearing. (Also, see decision adopted later in the meeting, attached as final pages of these Minutes, and separate Transcript of verbatim statements made during this hearing also filed with the Town Clerk's Office for permanent recordkeeping. r Page 2 - Minutes August 14, 1997 Regular Meeting Southold .Town Board of Appeals 6:50 p.m. HEARING POSTPONED/RESOLUTION: Appl. No. 4356 - MARTIN KOSMYNKA. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to grant a postponement as requested by applicant to September 11, 1997. This resolution was duly ADOPTED (4-0). 6:50 p.m. Appl. No. 4494 - ANTONIO PIRAINO. This application is based upon the Building Inspector's June 1997 Action of Disapproval, for a Variance under Article III, Section 100-32, Bulk Schedule, permission to place new dwelling with insufficient front yard setback from right-of-way which passes through center of applicant's property, and reduced rear yard setback. Location of Property: 3637 Right-of-Way off the west side of Cox Neck Road, Mattituck; 1000-113-3-2.3. Zone: R-80. Both Mr. Piraino and Mr. Schermi, Builder for applicant, spoke in behalf of this application. After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. (Also, see decision adopted later in the meeting, attached as final pages of these Minutes, and separate Transcript of verbatim statements made during this hearing also filed with the Town Clerk's Office for permanent recordkeeping. 7:00 p.m. Appl. No. 4492 WALTER KLEIN. The Chairman opened the hearing and asked if anyone was present that wished to be heard on this application, and in receiving no response, offered a resolution, which motion was seconded by Member Ostermann, and duly carried, to RECESS this hearing until September 25, 1997 at 6:45 p.m. This resolution was duly ADOPTED. 7:02 p.m. The Chairman left the room at this point to return to the ZBA office for the E. Sievernich file for the next hearing. The Chairman returned at 7:04 p.m. 7:04 p.m. AGENDA ITEM II. SEQRA RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, the following applications were confirmed to be Type II as minor Projects: Toscano, Kosmynka, Piraino, Klein, Sievernich. This resolution was duly ADOPTED. AGENDA ITEM V-A. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to ADVERTISE the following additional new applications for public hearings to be held September 11, 1997: 1) Spec. Exception - Hay Harbor Club, Fishers Island. 2) Appl. #4504.JD - Eleanor Corwin (lot creation waiver) Page 3 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals 3) Appl. #4505.LT - Joyce Grattan (setbacks) 4) Appl. #4356.GG - Martin Kosmynka (carryover). 5) Appl. #4068.JD - Eleanor Sievernich. This resolution was duly ADOPTED (4-0) . AGENDA ITEM V-B. RESOLUTION. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to ADVERTISE the following additional new applications for public hearings to be held September 25, 1997: 1) Appl. #4506.MO - E. Mulligan 2) Appl. #4507.GG - Zevits (Three waivers, four lots) . 3) Appl. #4492.LT - Walter Klein. This resolution was duly ADOPTED (4-0). AGENDA ITEM V-F. Bell-Atlantic/NYNEX project at Orient. After a brief review for updates, the following RESOLUTION was adopted: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to calendar the application of Bell-Atlantic/NYNEX project at Orient, for updated review of possible amendments by applicant under the pending code revisions, after an updated review at the next Board of Appeals meeting of September 25, 1997, at which time a further resolution will be offered to possibly authorize a public hearing date either: (a) on the existing application, or (2) on any possible application amendments received from applicant on or after 8/17/97, the date the pending Moratorium on telecommunications tower applications will end, and/or other action as deemed appropriate depending upon the actual zoning law in effect on the day of the next meeting, to wit, September 25, 1997. AYES: Members Goehringer, Dinizio, Tortora,. and Ostermann. This resolution was duly ADOPTED (4-0). PUBLIC HEARINGS, continued: 7:10 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance for upland area is less than 80,000 sq. ft. per lot; Article XXIII, Section 100-239; Article III, Section 100-32 in this proposed two-lot subdivision Page 4 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total acreage: 3.5+- acres. Zone District: R-80 Residential. Mrs. Sievernich appeared with her attorney, Anthony Salvatore, Esq. regarding her pending application. Speaking against this application were Abigail Wickham, Esq. , attorney for C. Sidorwicz, owner of the northerly adjoining property. Noted for the record was a letter received from Mrs. Eli Frumkin requesting a postponement in order to consult an attorney. At the end of receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to RECESS and continue this hearing on September 11, 1997. VOTE OF THE BOARD: AYES: GOEHRINGER, TORTORA and OSTERMANN. NAY: MEMBER DINIZIO (did not want to postpone). This resolution was duly ADOPTED (3-1). INFORMAL DISCUSSION: Several persons were present regarding a local business (MULLEN MOTORS INC.) The persons appearing said they were told by planning staff in the Town Hall to attend tonight before the ZBA with their concerns. The Chairman responded that there is no application pending at this time with the Board of Appeals, although there are reviews by' the Town Board and Planning Board under the change of zone application. In the event an application should be filed with the ZBA by Mullen Motors, then this project would be advertised and held for public hearing, at which time comments will be able to be received. PUBLIC HEARINGS, continued: 7:35 p.m. The Chairman opened the hearing and read the legal notice and application for the record regarding: Applications 4485-V and 4486-SE, B ELL-ATLANTIC/NYNEX by Richard Weyhreter (Owner: A. Rehm). Location of Property: 425 Westphalia Avenue, Mattituck, NY; County Parcel No. 1000-141-3-34. Applicant is requesting: (a) Special Exception under Article XIV, Section 100-141 (100-31B-6) for placement of a new tower and building for public utility cellular transmission service, and (b) Variances based upon the Building Inspector's April 29, 1997 Action of Disapproval, which states that ". . .this lot is in an LI Zone District and has a lot area of approximately 13,400 sq. ft. Presently there is an existing building and use. The proposed building and additional use would require a total lot area of 80,000 sq. ft. in an LI Zone. The proposed construction is required to be set back a minimum of 70 feet from the rear yard and 20 feet from all other lot lines. Zoning Ordinance, Article XIV, Section 100-142 Bulk Area and Parking Regulations. Owner: Adrienne M. Rehm. The Chairman asked if anyone wished to speak regarding this hearing, and hearing no response, offered a RESOLUTION, to postpone and continue this application until the .last hearing on October 9, 1997. Member Tortora offered a second to the motion, and indicated that there Page 5 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals has been an increase, in the number of last-minute requests to postpone public hearings, which have been duly advertised in accordance with New York Town Law, Article Seven of the Public Officers Law, and the Town Code of the Town of Southold, and added that re-notice shall be at applicant's cost and be re-noticed pursuant to Town Law requirements, after consultation with the Town Attorney. Chairman Goehringer agreed to amend the Resolution subject to the Town Attorney's approval regarding costs. VOTE OF THE BOARD: AYES: GOEHRINGER, TORTORA and OSTERMANN. NAY: MEMBER DINIZIO, felt the resolution as worded constituted -harassment. This resolution was duly ADOPTED (3-1). (Member Tortora agreed to consult with the Town Attorney about the requirement for costs.) End of.hearings. AGENDA ITEM IV-e: Letter received from Jefferson's Temple, Church of God in Christ, requesting that Appl. #4482 be reopened for a new hearing based upon the measurements for the Church sign as exists, measuring from Route 48 Highway to the sign as discussed at the former hearing. A rehearing would not be permitted unless a unanimous vote of the members present was obtained. Two out of the four board members present suggested that the Church apply with a new _application based upon the circumstances of building the sign under a pending building permit. AGENDA ITEM III. DELIBERATIONS/DECISIONS. Attached at the end of this set of Minutes- are copies of the findings of fact, deliberations, and resolutions adopted for the following pending applications: Fedynak, Piraino, Toscano. Chairman Goehringer disclosed that he is a distant relative of Mr. Sledjeski in the Pirano application and he has no, financial interest whatsoever. (There was no objection to his participation as a ZBA voting member in the deliberations and decision process.) AGENDA ITEM IV. OTHER: a) Reminders: Committee Sessions 1. Department Head Committee (Chairman) 2. Code Committee; Planning and Zoning Committee b) Reminder: Regular ZBA Meeting 6:45 p.m., August 28, 1997 and public hearings as advertised. Page 6 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals c) Request by another another department for an advisory opinion based upon information furnished in letter from Planning Board Chairman. The Board discussed procedures in general rather than specifically with regard to the site requested by the Planning Board (ref: Frank Zito d/b/a Broadwaters Cove). The Chairman indicated he will send a reply , to the Planning Board indicating that the building inspector review procedure should be followed as specified by Town law and local regulations for site-plan certification process. Mr. Ray Slavin and others were in the audience, at the suggestion of Robert Kassner, Planning Board site plan reviewer and asked why the Planning Board's memo was not identified on the agenda as "Broadwaters Cove Marina." The Board's position was that the specific request for a zoning review for Broadwaters Cove Marina was not properly before the Board, and proper zoning procedures should be followed when it involves a specific site. Board discussions will continue regarding appellate procedures and any hypothetical request for advisory opinions, as compared to specific projects which may be identified by an individual, a property owner, another agency or department, or other source. AGENDA ITEM V. RESOLUTIONS/MISCELLANEOUS: A) The Board confirmed the following additional New Applications for Hearings to be held September 11, 1997: 1) Spec. Exception - Hay Harbor Club, Fishers Island. 2) Appl. #4504.JD - Eleanor Corwin (lot creation waiver) 3) Appl. #4505.LT - Joyce Grattan (setbacks) 4) Appl. #4356.GG - Martin Kosmynka (carryover). 5) Appl. #4068.JD - Eleanor Sievernich. B. The Board confirmed the following additional New applications for Hearings to be held September 25, 1997: 1) Appl. #4506.MO - E. Mulligan (Deck - lot cov.) 2) Appl. #4507.GG.- M. Zevits (Three Waivers) 3) Appl. #4492.LT - Walter Klein (carryover poss). C. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the following ZBA Meetings: June 19, 1997 Minutes July 10, 1997 Minutes July 24, 1997 Minutes. FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 14, 1997 Appl. #4469 - RAYMOND FEDYNAK PARCEL: 1000-123-5-15 as one lot (1000-123-5-16 as remaining lot) STREET & LOCALITY: 205 Fay Court (and 165 Fay Court), Mattituck DATE OF PUBLIC HEARINGS: April 24, 1997 (postponed) ; May 19, 1997 (postponed) ; June 19, 1997; July 24, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIP`i'ION: This property consists of a combined area of property as identified. on the County Tax Maps: District 1000, Section 123, Block 5, Lots 15 and 16, for a total combined area of approximately 22,000 sq. ft. (.51 of an acre) , with 150.0 ft. combined frontage (lot width) along a 30.ft-wide right-of-way referred to as Fay Court, and lot depth of 150 ft. dee, all as shown on a survey dated May 15, 1980 prepared by Teas, Barrett, Lanzisera & Frink, Surveyors. The property is improved with a single-family, two-story frame dwelling shown to be set, back at 59.8 feet from the most northerly property line (almost center between the two side property lines. An accessory garage is shown' to be situated at 51.5 feet from the northerly property line and 38.2 feet from the rear (westerly) property line. Applicant's attorney has also submitted a copy of an enlarged County Tax Map of Section 123, showing Parcel Lot #15 at a size of 50 ft. wide by 150 ft. deep; Lot #16 at a. size of 100 ft. wide by 150 ft. deep. RELIEF REQUESTED BY APPLICANT: (1) Approval of Waiver under Section 100-26 for a single nonconforming lot identified as 1000-123-5-15 of a size 50 ft. by 150 ft. deep, leaving 1000-123-5-16 at a size 100 ft. by 150 ft. deep; (2) Alternative relief under Article III-A, Section 100-30A.3 by variance for approval of lot sizes, as originally created by deed conveyances and which have insufficient lot area, depth and width in this R-40 Residential Zone District. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 14, 1997, which reads as follows: under Article II, Section 100-26, ". . .Lot S.C.T.M. #1000-123-5-15 and Lot S.C.T.M. #1000- 123-5-16 have merged pursuant to Article II, Section 100-25A, as they have been held in common ownership at some time since July 1, Page 2 - Appl. #446a August 14, 1997 Regular Meeting Re: 1000-123-5-15 (and 16) (Fedynak) 1983. Both lots were created by deed prior to April 9, 1957 and meet the requirements of Section 100-24A(1) . REASONS FOR BOARD ACTION DESCRIBED BELOW: Lot 1000-123-5-15 is vacant: land and consists of approximately 7,500 square feet. The remaining merged land, 1000-123-5-16, consists of approximately 15,000 square feet and is improved with a two-story, single-family dwelling and accessory garage as shown on the May 15, 1980 survey map. The lot, as originally created, was acquired by Mendo on September 26, 1960. Later, on September 26, 1980 the current owners (Fedynak-) acquired the property. Common ownership for both lots has existed under the one-acre zoning requirement for 14 years, or since 1983 (and longer when including former one-acre zoning ordinance which dates back to 1971) . The property owners acquired the property knowing that the survey showed the property as a single lot, and used for title and other purposes in the acquisition of the property. The record does not provide adequate proof to show that the properties have been owned or kept separately during the years under consideration. WAIVER RELIEF STANDARDS 1. A grant of a. waiver for Lot #15 of .17 of an acre will result in a significant increase in the density of the neighborhood because the majority of the lots in the area are significantly larger than the subject lot and tax lot numbers 1000-123-5-15 and 16 have existed in common ownership prior to July 1, 1983 (acquired by present owners June 1980). 2. The waiver does not recognize a lot that is consistent with or which exceeds the size of lots in the neighborhood because there are lots in the immediate area larger than the subject parcel (Lot #15) : Lots #36.11 at 1.6 acres; #36.10 at .25; #36.9 at .21; Lot 18 at approximately .20; lot 1.9 at .25; #20 at .31; Lot 11 at .23; Lot 36.2 at .31; Lot 13 at .12; Lot 15 at .17; #18 at .12. In fact there are only two other parcels which are of the same or similar size Lot #13 of .12 and Lot #17 of ..12 of an acre. 3. No survey has been submitted or other documentation to confirm the location of the original lot lines created by the former deeds. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. Page 3 - Appl. #4469 August 14, 1997 Regular Meeting Re: 1000-123-5-15 (and 16) (Fedynak) AREA VARIANCE CONSIDERATIONS 5. The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because lots #15 and 416 were purchased together under Liber 8824 page 33 recorded June 6, 1980. Owners in title made no attempt to divide parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwelling on #15 since 1980. The reasons given by the attorney for the property owners is related to estate purposes. 6. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 7. The requested area variance is substantial in relation to the code requirement of 40,000 square feet, representing only 17 0. 8. The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the creation of a lot at .17 of an acre is substantially smaller than twelve (12) lots in the immediate area which lots average .approximately .375 of an acre, and on an average are 45% larger than the subject parcel. 9. The situation has been self-created and there has been no attempt to divide the merged parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwelling on #15 since 1980. 10. A grant , of the area variances would create the need for additional variances, including side yard relief for both the dwelling and garage for the 1.5' proposed nonconforming setback and dwelling at a 9'5" nonconforming setback. 11. In summary, the denial of this application protects the character of the neighborhood and does not violate the health, safety, and welfare of the neighborhood. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Ostermann, it was RESOLVED, to DENY the Waiver as Requested under Section 100-26, and to DENY the Area Variances, as noted above. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly ADOPTED (4-0) . Page ! - August 14, 97 Southold Town Board of Appeals Re: 128-1-12 (Tosca.no/Flannery) FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 14, 1997 Appl. No. 4497 - ANDREW AND NOREEN TOSCANO, Seller under Contract and Applicant per Conditions of Contract New Owners: JOHN PETERSON, DENISE FLANNERY PARCEL 1000-128-1-12 STREET & LOCALITY: 5225 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 14, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in _an R-40 Low-Density Residential Zone District, being situate on the northerly side of Peconic Bay Boulevard, Laurel. This lot contains a total area of 6175 sq. ft. and as shown on the map submitted under this application, the property is improved with a single-family dwelling and deck, all totaling approximately 3520 square feet. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 20, 1997 as amended, which reads as follows: ". . .In an R-40 Zone, the rear yard setback on a lot with less than 20,000 sq. ft. is 35 feet. The 'as built' deck replacement encroaches two feet more than the original screen porch. The new deck creates a rear yard setback of approximately 19.5 feet. The original screen porch was 21.8 feet from the rear property line. See attached survey dated August 17,. 1989. Also, Article 111A, Ch. 100-30A.3 the deck construction causes allowable lot coverage to be exceeded by approx. 19 sq. ft. Article XXIV, Section 100-244B. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of reduced rear yard setback after construction of new deck "as built" with ..a size shown at 14 ft. deep by 16 ft. wide extending from the rear wall of the dwelling, leaving a principal rear yard setback at 19'8" and lot coverage at approximately 19 feet over the maximum permitted of 20 percent of the total lot area. The size of the lot is 6,175 square feet. Page Z - August 14, 1:,97 Southold Town Board of Appeals Re: 128-1-12 (Toscano/Flannery) REASONS FOR BOARD ACTION, DESCRIBED BELOW: A similarly sized parcel of land to the north (1000-128-1-11) has a rear yard setback reduction at 25 feet (approved in 1989) . (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 yard is enclosed with a stockade fence giving maximum privacy. (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 deck is "as built." (3) The requested area variance is substantial reducing required setback of 35 feet to 19.5 feet and modifying nonconforming lot coverage to a new calculation of 56.23%. (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 does not interfere with neighboring properties directly or. indirectly. (5) The situation has been self-created since the replacement of an existing porch changed the measurements of the footage for the new deck. Applicant should have been aware of or informed of the setback requirements prior to building. (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 Osterma.nn, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied, subject to the CONDITION that the deck not be enclosed. 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 (excused) . FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 14, 1997 Appl. No. 4494 - ANTONIO PIRAINO PARCEL 1000-113-3-2.3 STREET & LOCALITY: 3637 ROW off west side of Cox Neck Road, Mattituck. DATES OF PUBLIC HEARINGS: July 10, 1997; August 14, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-80 Zone District, being situate along a private right-of-way, which right-of-way extends off the west side of Cox Neck Road. The subject lot contains a total area of 2.15 acres. The access right-of-way also extends directly through the subject lot for accessibility to an adjoining lot. BASIS OF APPEAL: June 30, 1997 Building Inspector's Action of Disapproval which states that ". . .proposed construct (dwelling) with rear lot line distance of 20 feet and front yard setback to R.O.W. at approximately 22.5 feet will not have required setbacks of 50 ft. rear and 50 ft. front to R.O.W." Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new dwelling in the westerly yard area as shown on the May 29, 1997 survey map prepared by Anthony W. Lewandowski. REASONS FOR BOARD ACTION, DESCRIBED BELOW: A low marsh area and large pond exists on the opposite yard area to the east/southeast of the right-of-way. The area requested by applicant to the west of the .right-of-way is higher ground and reasonable for the location of the dwelling. A written response dated August 8, 1997 was received by the Engineer for the '.Down which adds information relative to the Town's R.oa.d Run-Off Program.. The high point or maximum level of the pond will be controlled by overflow culvert(s) coordinated by the Highway and Trustees' Offices. (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because placement of proposed dwelling 25 feet from northerly property line will alleviate substantial impact on Page 2 - August 14, 97 Re: 113-3-2.3 (Piraino) Southold Town Board of Appeals existing terrain and will permit construction in a location that will require a minimum amount of retaining walls in rear of dwelling. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of the uniqueness of the lot and overall topography of not only this parcel but contiguous parcels to this lot, and due to the location of the right-of-way which severs the property. (3) The requested area variance is not substantial because the parcel is located on a private road which serves as access to three residential dwellings and is across from a salt water marsh. Positioning of this dwelling in this location is critical to pond runoff which must be contained on site. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because positioning of the dwelling in this location will minimize water run-off (due to high topographical terrain in the rear and south side of the dwelling) . (5) The situation has not been self-created because it is related to the topography and contours of this parcel. (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 by placement of the dwelling in this location. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to DENY the relief as originally requested, and GRANT ALTERNATIVE RELIEF by moving the dwelling to the north with a setback at 25 feet from the northerly property line and same general distance to the right-of-way, subject to placement of hay bales from the southeast portion of the house and pond to the east, and FURTHER wrapping ha.ybales a distance of 30 feet around, to try and further minimize any potential run-off. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann (Member Doyen of Fishers Island was absent (excused) . This resolution was duly ADOPTED (4-0) . Page 7 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly adopted (4-0). MEETING ADJOURNED. On motion by Chairman Goehringer, seconded by Member Ostermann, and duly carried, the meeting was declared adjourned. The meeting adjourned at approximately 8:35 p.m. Respectfully submitted, G7� da Kowalski Gerard P. Goehrin er, C rman Approved for Filing to/ a?3/97 l�s�C" R,3D 1 � t; r' r l 0/30l -01 +, Toyrn APPEALS BOARD MEMBERS SUFFO�� Southold Town Hall Gerard P. Goehringer, Chairman �Z` Gym 53095 Main Road Serge Doyen o P.O. Box 1179 James Dinizio,Jr. C Southold, New York 11971 88,E&N,-yft& O Fax(516)765-1823 Lydia A.T y�01 �a Telephone(516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING TIIURSDAY, JULY 24, 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 T.HURSDAY, JULY 24, 1997 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Jr. - James Dinizio, Jr. .. Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary 6:4.5 p.m. Chairman Goehringer called meeting to order. AGENDA ITEM I. PUBLIC HEARINGS: After introduction and reading of the applications for each public hearing, testimony was received on the following. See written verbatim transcripts prepared separately for reference as needed and permanent recordkeeping. 6:48 p.m. Appl. No. 4469.G G - RAYMOND FEDYNAK. Continued from June 19th: (1) Request for waiver under 100-26; (2) alternative relief for area variances at Fay Court, Mattituck; 1000-123-5-15. R. Monaghan, Esq. appeared in behalf of the applicants, who also were present. (Please see hearing information for statements made.) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Ostermann, it was RESOLVED, to CLOSE (conclude) the hearing. Vote of the Board: Ayes: All 5-0. This resolution was duly adopted. Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of July 24, 1997 PUBLIC HEARINGS, continued: 7:00 p.m. Appl. No. 4496.SD - JEAN N. CALHOUN. This is an application based upon the Building Inspector's May 13, 1997 Action of Disapproval which states that under Article XXIII, Section 100-239.4, subsections A(1)(2) proposed inground swimmingpool with deck must be beyond 100 feet from a. bluff or bank and also beyond the 100 ft. average high water mark of Fishers Island Sound. Location of Property: Private Road off East End Road, Fishers Island; County Parcel No. 1000-3-2-7, containing 2.74+- acres/R-120. Richard Lark, Esq. appeared in behalf of the applicant. (Please see hearing information for statements made. ) At the end of the hearing, the following resolution was adopted: On motion by Chairman Goehringer, seconded by Member Ostermann, it was RESOLVED, to CLOSE (conclude) the hearing. Vote of the Board: Ayes: All 5-0. This resolution was duly adopted. End of Hearings. II. SEQRA: RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio , it was RESOLVED, to confirm the application of Jean Calhoun as Type II (accessory structure). VOTE OF THE BOARD: AYES: ALL. (5-0). This resolution was unanimously adopted. III. DELIBERATIONS/DECISIONS: Carryovers from July 10, 1997 as listed on the Agenda: a) Nickhart Realty Zoning Variance - see attached decision. b) Arto Khrimian Zoning Variance - see attached decision. c) Arto Khrimian Flood Law Variance - see attached decision. d) Jean Calhoun - see attached decision. e) Raymond Fedynak - it was agreed that Chairman Goehringer would submit a draft for recommended action at the 8/14 ZBA Meeting. (A preliminary .of property facts was furnished by Board Secretary previously for review and additional information. ) Decisions for matters adopted during this meeting are attached at the final pages of this set of Minutes - see Ref. VI hereof. Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of July 24, 1997 IV. OTHER MATTERS confirmed: a) Agenda Item Reminder for Committee Session of Planning & Zoning: Tues. July 29-7:30 p.m. b) Regular ZBA Meeting 6:45 p.m. , August 14, 1997. A copy of the Legal Notice was received and accepted for. the following public hearings to be held August 14, 1997: 6:45 p.m. Appl. No. 4497 - NOREEN TOSCANO. This application is a request for a Variance, based upon the Building Inspector's June 20, 1997 Action of Disapproval which states that under Article XXIV, Section 100-244B, Article IIIA, Section 100-30A.3 , the rear yard setback on a lot in an R-40 Zone with less than 20,000 sq. ft. shall be 35 feet and the deck construction exceeds allowable lot coverage. Location of Property: 5225 Peconic Bay Boulevard, Laurel, NY; 1000-128-1-12. 6:50 p.m. Appl. No. 4356 - MARTIN KOSMYNKA. This application is a request for a Variance, based upon the Building Inspector's Action of Disapproval which states that under Article III.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, NY; Parcel #1000-98-1-11.2. 7:10 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Upland area is less than 80,000 sq. ft. per lot; Article XXIII, Section 100-239; Article III, Section 100-32 in this proposed two-lot subdivision at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total acreage: 3.5+- acres. Zone District: R-80 Residential. 7:25 p.m. Applications 4485-V and 4486-SE: BELL-ATLANTIC/NYNEX by Richard Weyhreter. Location of Property: 425 Westphalia Avenue, Mattituck, NY; County Parcel No. 1000-141-3-34. Applicant is requesting: (a) Special Exception under Article XIV, Section 100-141 (100-31B-6) for placement of a new tower and building for public utility cellular transmission service, and (b) Variances based upon the Building Inspector's April 29, 1997 Action of Disapproval, which states that ". . .this lot is in an LI Zone District and has a lot area of approximately 13,400 sq. ft. Presently there is an existing principal use of existing building. The proposed construction and additional use would require a total lot area of 80,000 sq. ft. in an LI Zone. The proposed construction is required to be set back a minimum of 70 feet from the rear yard and 20 feet from all other lot lines. Zoning Ordinance, Article XIV, Section 100-142 Bulk Area and Parking Regulations. Owner: Adrienne M. Rehm. Page 4�! Minutes Southold Town Board of Appeals Regular Meeting of July 24, 1997 V. RESOLUTIONS/MISCELLANEOUS: A) RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize advertisement of the following matter for. public hearing, in addition to authorized carryovers, to be held August 14, 1997: #4497.MO - Noreen Toscano. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly adopted (none opposed) . B. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to hereby confirm inspections and authorize advertisement of the following applications filed between 6/6 and 6/16 for public hearings to be held August 28, 1997 between 6:45 and 10 p.m. 1. #4498.GG - Anne Shannon. 2. #4499.JD - Richard & Pamela Frerking. 3. #4500.LT - Catherine Harren. 4. #4445.LT - Charles & Mary Tangney (final hearing) . 5. #4501.MO - E. Nagy (waiver) . 6. #4502.GG - Moores Lane Devel. Corp. (deck) VOTE OF THE BOARD: AYES: ALL (5-0, none opposed) . This resolution was unanimously adopted. VI. DELIBERATIONS/DECISIONS: See following pages which are copies of the originals filed with the Town Clerk's Office as adopted at this time. The following is a list of tonight's determinations adopted at this time as filed with the Town Clerk's Office: 1) Nickhart Realty Zoning Variance - see attached decision. 2) Arto Khrimian Zoning Variance - see attached decision. 3) Arto Khrimian Flood Law Variance - see attached decision. 4) Jean Calhoun - see attached decision. Page 4B - M ites of July 24 1997 APPEALS BOARD MEMBERS SVFFO(/r 0�0 CD Southold Town Hall Gerard R Goehringer,Chairman hZ` Gy 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. ,. r= Southold, New York 11971 XiF - y ® �� Fax(516)765-1823 Lydia A.Tortora O! ��� Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JULY 24, 1997 Appl. No. 4480 - NICKHART REALTY PARCEL 1000-52-2-13 STREET & LOCALITY: 53400 C.R. 48, Southold DATE OF PUBLIC BEARING: July 10, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the southerly side of County Road 48 (a/k/a Middle Road, or North Road) and along the westerly side of a private right-of-way. This lot as exists contains a total lot area of 17,484 sq. ft. , lot width of 193.88 feet along the northerly property line abutting C.R. 48, and lot depth of 90.18 (easterly property line) as shown on the map prepared by Warren A. Sambach, Sr. , P.E. BASIS OF APPEAL: Building Inspector's Action of Disapproval issued September 18, .1996, and updated April 28, 1997, which reads as follows: 1. insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. .Article IIIA, Chapter 100-30A.3. 2. insufficient front yard setback for a non-conforming lot - Article XXIV, 100-244B. Also, another Notice of Disapproval was issued June 23, 1997 (received July 3, 1997j indicating that Lot #2 requires a lot width of 150 feet in an R-40 Zone. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Reduced lot size for two proposed lots in this pending subdivision project at 17,484 sq. ft. each. The lot depth is shown at 90.18 feet for each lot, and lot width along C.R. 48 of 193.88 feet each. The future location of a new principal single-family dwelling shall be as established by code or Board of Appeals requirement. The proposed reduction in the front yard setbacks are as more particularly shown on the Map prepared by Warren Sambach Sr. , P.E. at 32 ft. to the north property line at its closest point, and 2612" to the southerly front property line at its closest point. The - 4 Page 2 - July 24, 1 Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals natural buffer along the southerly and northeasterly property lines will remain intact and maintained. 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 since the existing lot is two to three times the size of all existing lots in the immediate area except for Lot 2.1 with motel use. The division of the subject land into two lots of 17,000+- sq. ft. for each lot is larger than the following contiguous and adjacent lots: 052-2-8 of .33 ac; 52-2-7.3 of .22 ac; 52-2-7.5 of .13 ac; 52-2-6 of .12 ac; 52-2-5 of .13 ac; 52-2-4 of .13 ac; 52-2-3 of .12 ac; 52-2-2 of .13 ac; 52-2-1 of .12; 52-2-10.1 of .30 ac; 52-2-12.1 of .30 ac; 52-2-14 of .33; 52-2-15 of .26; 52-2-39 of .21 ac; 52-2-16 of .25 ac; 52-2-38 of .28 ac. ; 52-2-17 of .09 ac; 52-2-18 of .10 ac; 52-2-19 of .11 ac. These two lots to be created will be approximately .44 of an acre. (2) The requested area variance is not substantial based upon the immediate lots, listed above, that are adjacent to the subject parcel because the subject land, when divided equally, is approximately .44 of an acre for each as created which is at least 20 o to -25% greater than most of the parcels in the immediate area. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since the two lots will be the last in the immediate area that would be improved with a principal building out of approxi- mately nineteen (19) parcels in the immediate area already built upon. (4) 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 since the applicant is required under this variance application not to create curb cuts along County Road 48 and must utilize the existing internal roadway for ingress and egress to newly created parcels. It is the opinion of the majority of this Board that by also utilizing the internal roadway, the health, safety, and welfare of the community will be protected. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief requested WITH THE CONDITION that there be no direct access, curb cuts or driveways from or to 'Page 3 - July 24, 1 Appl. #4480: 1000-752-2-13 (Nickhart Realty) Southold Town Board of Appeals County Road 48 from the parcels. VOTE OF THE BOARD: AYES: MEMBER DOYEN CHAIRMAN GOEHRINGER MEMBER DINIZIO. NAYS: MEMBER TORTORA stating that the percentage of the variance is substantial, and MEMBER OSTERMANN stating that the spirit of the zoning ordinance should be upheld by the present code requirement and not have overdevelopment. This resolution was duly adopted (3-2) . GERARD P. GOEHRNGER, CHA MAN MEETING OF JULY 24, 1997 APPROVED FOR FILING Actions.all/52-2-13 APPALS BOAWV44R1BEl�i t e s o f Jul 9 7 o��gVFFO(�coG Southold Town Hall Gerard P. Goehringer, Chairman h�` Z� 53095 Main Road Serge Doyen y '� P.O. Box 1179 James Dinizio,Jr. ,,, r� Southold, New York 11971 y � Fax(516) 765-1823 Lydia A.Tortora Ol ��� Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 24, 1997 Appl. No. 4495 & FP-16 by ARTO KHRIMIAN PARCEL 1000-44-2-13 STREET & LOCALITY: 58365 C.R. 48, Greenport DATE OF PUBLIC HEARING: July 10, 1997 FINDINGS OF FACT PROPERTY FACTS:/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the north side of County Road 49 (a/k/a Middle Road) . This lot contains a total area of 2125 sq. ft. and is improved with a 560 sq. ft. dwelling foundation, of the recently reconstructed foundation for a single-family dwelling. The foundation as reconstructed is shown to be encroaching over the front property line, has nonconforming side setbacks and setback from the ordinary high water line of the Long Island Sound. BASIS OF APPEAL: Building Inspector's Action of Disapproval, based upon the applicant's second application - which was to reconstruct a single-family dwelling on existing dwelling with modified building plan, different than that shown on the plans approved August 24, 1995 under Building Permit No. Z-22965Z. The recent written action of the Building Inspector is dated April 28, 1997 which reads as follows: (a) Article XXIV, Section 100-242B(1) : a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50%) percent 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 (see Section 100-244B Nonconforming Lot - Bulk Schedule) . b) Chapter 46, Section 46-18A: new construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water. Note: Building Permit No. 22965 dated August 24, 1995 authorized applicant ". . .to renovate and alter all existing single-family f Page 2 - Appl. #449_ FL #16 Re: 1000-44-2-13 (hhrimian) Board of Appeals July 24, 1997 dwelling as applied for. . . ." Location of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13. This parcel contains a total lot area of 2125 sq. ft. ZONING VARIANCI? RELIEF REQUESTED BY APPLICANT: To continue construction on the existing concrete foundation, which perimeter and same dimensions were shown on the building plans at the time the Building Permit was issued under No. 22965, without the need to remove foundation and re-construct with pilings, columns and/or elevated shear walls above the base level of the required flood elevation for this V.9 Flood Zone, and also under Article XXIV, Section 100-242B( 1 ) of the Zoning Code. which has been determined by the Building Inspector to be more than 500 of the fair value. FLOOD VARIANCE RELIED' REQUESTED BY APPLICANT: Based upon the April 28, 1997 Notice of Disapproval by the Building Inspector, when applicant applied for a second building permit, to amend the building permit application of 8/10/1995. Said Action of Disapproval states that new construction and substantial improve- ments shall be elevated on pilings, columns, or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water, Chapter 46-18A of the Southold Town Code (Floodplain Regulations) . Flood Designation: V-9. Building Permit #22965 issued 8/24/1995 for reconstruction of a single-family residence. REASONS FOR BOARD ACTIONS, DESCRIBED BELOW: ZONING VARIANCE WHEREAS, under building permit issued by the Building Inspector, reconstruction of an existing single-family dwelling was commenced; WHEREAS, Article XXIV, Section 100-242, Subsection A which is appropriate and applicable for this conforming residential use with a nonconforming front, sides, and setbacks to the northerly property line and L.I. Sound, is noted in the following excerpt at page 10143 of the Zoning Code: 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlarge- ment of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the t Page 3 - Appl. #449_ -- FL #1G Re: 1000-44-2-13 (hhrimian). Board of Appeals July 24, 1997 degree of nonconformance with regard to the regulations pertaining to such buildings; and. . . . IT IS FOUND, after investigation and consideration that this is a reconstruction of a nonconforming building containing a conforming (residential) use which does not create any new nonconformance or increase the degree of nonconformance applicable to parcels of less than 20,000 sq. ft. in size; and The applicant has submitted proof that the reconstruction will not exceed 500 of the fair market value. FLOOD VARIANCE This is a determination issued after considering all technical information and the following standards for such approval under the FEMA Regulations and Southold Town Code, Chapter 46: a) The improvements created are as a result of the re-construction activities under a building permit issued on a lot of less than one-half acre in size contiguous to, with nearby similar lots with existing structures also constructed below the base flood level. After considering the factors and all other technical evaluations (listed herein) for areas of flood hazard, this lot is not beyond the one-half acre size. Additionally, it is found that the subject improvements are found to be for renovations not exceeding 50% of the value of the stibject dwelling. b) There is a showing of good and sufficient cause because: (1) applicant will add a cap block to bring the first floor elevation at 13 feet above mean sea level (instead of 12'9") , with a monolithic pour and 6" by 6" wooden piers at each corner as a minimum to cause shear wall and bring it into modified conformity; (2) applicant cannot move landward because of the heavily traveled road. c) Failure to grant the variance would result 'in exceptional hardship to the applicant because the foundation cannot be removed without destroying the existing, functioning sanitary system and no alternative to this sanitary system is available. d) The granting of this variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances related to real property, or conflict with existing local laws or ordinances because applicant will mitigate as noted and reiterated from paragraph (b) , above. NOTICE TO APPLICANT: The applicant is hereby given notice that the grant of this variance may consequently cause an increase ui Page 4 - Appl. 444 a FL #.1G Re: 1000-44-2-13 (Iihrimian) Board of Appeals July 24, 1997 premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such that construction below the base flood level increases risks, if any, to life and property. RESOLUTION/ACTION: On motion by both Members Dinizio and Tortora, seconded by Member Doven, it was RESOLVED, to GRANT the relief as applied and with the FOLLOWING CONDITIONS: 1. To raise existing foundation to a minimum height at 13 feet above mean sea level - based on the architect's determination (presently 12'9" level and the additional 3" cap) ; and 2. Addition of G" by G" wooden piers at each corner as a minimum to cause shear wall; and 3. Any and all foundation area and walkway area shall be located not closer than six inches (G") to County Road 48; and BE IT FURTHER RESOLVED, to REVERSE the decision of the building with regard to the Southold Town Zoning Code, Article XXIV, Section 100-242B, . based upon the above reasons, and the prior Interpretation of the Board of Appeals rendered November 8, 1995 under Appl. #4350 (Zoning Case of T. McCarthy) . VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted .(5-0) . --�`— X'--GERARD P. GOEHRINGER, CHAIRMAN As per Resolution Adopted 7/24/97 Approved for Permanent Filing �e�e(e�e�e�exx�ex�cxxxne�exxxx$e Actions.all/4.1-2-13 . Page 4D .- Minut of July 24 , 1997 APPEALS BOARD MEMBERS SVfFobf, N� �q CO Southold Town Hall Gerard P. Goehringer,Chairman =�� f= `.. G 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio,Jr. Southold,New York 11971 Fax(516)765-1823 Lydia A.Tortora �01 �� Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 24, 1997 Appl. No. 4496 - JEAN N. CALHOUN PARCEL 1000-3-2-7 STREET & LOCALITY: Private Road off East End Road, Fishers Island DATE OF PUBLIC HEARING: July 24, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION: This property is located at Fishers Island, being situate on the north side of Primate Road, and consists of a total lot area of 2.74 acres as shown on the map prepared by Chandler, Palmer & king amended March 25, 1997. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated May 13, 1997 which reads as follows: under Article XXIII, Section 100-239.4A(1)(2) , proposed inground swimmingpool with deck must be beyond 100 feet from a bluff or bank and also beyond the 100 ft. average high water mark of Fishers Island Sound. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed 25 f t. by 35 f t. lap swimming pool, elevated deck construction, small retaining wall at the northerly portion of the property of fieldstone creating a terrace area for the lap pool, and fence enclosure. All construction related to this project is proposed landward of the existing 50 ft. natural buffer, landward of the Coastal Zone Hazard Boundary Line, and at a distance of approximately 77 feet (and greater for the pool construction) from the average mean high water mark (rocky beach) of Fishers Island Sound, as more particularly shown on map amended 3/25/97 prepared by Chandler, Palmer and Ding for board consideration. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Southold Town Trustees' approval was issued by resolution adopted April 30, 1997. N.Y.S. Department of Environmental Conservation issued an Amendment 3/25197 to former Dwelling Construction Permit issued 6/19/95 (DEC #1-4738-01113/00001-0) . (1) The. granting ,of the area variance will not produce an undesirable, change . in...character .of neighborhood or a detriment to Page 2 - July 24, 191 _ Appl. #4496: 1000-3-2-7 Southold Town Board of Appeals nearby properties because this parcel and other properties on the Map of Olmstead are large in size which ensures privacy. (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 land areas are proscribed by archeological determinations. (3) The requested area variance is not substantial due to the 2.74-acre size of this lot. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this project has been approved by the Southold Town Trustees and the New York State Environmental Conservation Departments. (5) The situation has not been self-created and. is due to archeological considerations. (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 Doyen, seconded 'by ' Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, TORTOR.A, AND OS ANN. This resolution was adopted by unanimous vote GERARD P. GOEHRINGER, CHAIRM AS PER RESOLUTION ADOPTED 7/24/97 APPROVED FOR FILING Actions.all/3-2-7 Page 5 - Minutes Southold Town Board of Appeals Regular Meeting of July 24, 1997 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda Kowalski ���XZ( Board Secretary 7/31/97 Gerard P. Goeh ' 1 o/r, Ch irman Approved at Meeting of �IVI97 RECEIVED AND FILED BY THE SOUTI-IOLD TOWN CLERK DATE �� HOUR 10,O S� Town Clerk, Town of Southold