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HomeMy WebLinkAboutZBA-05/19/1997 V APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman �`Z` Gy 53095 Main Road Serge Doyen o � P.O. Box 1179 James Dinizio,Jr. Southold, New York 11971 xR6NWxx Oy • �� Fax(516) 765-1823 Lydia A. Tortora 0,W j* 0� Telephone(516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING MONDAY, MAY 19, 1997 6:45 p.m. Chairman Goehringer called the meeting to order. 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 MONDAY, MAY 19, 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: Serge J. Doyen Jr. , Member (Excused) . I. PUBLIC HEARINGS (Agenda Item I) : The legal notice and portions of each application were aloud for each of the following applications at the times listed below: 6:48 p.m. Appl. No. 4475 - MARY FISCHETTI. Request for a Variance under Article XXIV, Section 100-244B, based upon the February 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an addition to existing dwelling which will have a reduced side yard setback at less than the required 10 feet, and less than the required total of both side yards of 25 feet. Location of Property: 3760 Minnehaha Boulevard, Southold, NY; County Parcel ID #1000-87-3-4. This parcel contains a total area of 9,874 sq. ft. Zone: R-40 Residential. The Chairman opened the hearing and noted that the agent for the applicant, Joseph Fischetti, has this• afternoon requested a postponement to June 29th (due to illness) . The Chairman opened the floor to anyone wishing to speak in favor, and anyone against. Mr. and Mrs. Shalvey were present and against a further reduction in. the side yards. Motion was made by Chairman Goehringer, seconded by Member Ostermann, and duly carried, to recess (postpone and continue) the hearing until Thursday, June 19, 1997 at 6:45 p.m. w Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of May 19, 1997 POSTPONEMENT GRANTED: Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. 6:51 p.m. PUBLIC HEARING: Appl. No. 4476 - MARIA BULIS. Request for a Variance under Article XXIV, Section 100-244B, based upon the March 11, 1997 Action of Disapproval issued by the Building Inspector for permission to locate a deck addition to existing dwelling which will have a reduced front yard setback at less than the minimum of 40 feet, or closer minimum when using an average (if available) of the established nonconforming front yard setbacks within 300 feet, on the same side of the street, same block) . Location of Property: 490 Aquaview Avenue, East Marion, NY; County Parcel ID #1000-21-3-5. This parcel contains a total area of approximately 21,000 sq. ft. The Chairman opened the hearing. Speakers were: Kim Dzenkowski, Contractor representing the owners-applicant. Mr. Dzenkowski submitted a sketch for each members showing the estimated setbacks of principal buildings in the immediate area. HEARING CONCLUDED: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to close the hearing. Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. 7:02 p.m. PUBLIC HEARING: Appl. #4477 - ARTIE and CAROL SIRICO. Request for a Variance under Article XXIV, Section 100-244B, based upon the April 17, 1997 Action of Disapproval issued by the Building Inspector for permission to remove an existing deck, and replace with an addition, which will exceed the 20 percent lot coverage limitation. Location of Property: 105 Private Road #31, Southold, NY; County Parcel #1000-77-3-25. Artie Sirico spoke and gave reasons for the requested variance.' (There were no speakers against. ) HEARING CONCLUDED: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to close the hearing. Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. a a 7:05 p.m. PUBLIC HEARING: Appl. #4478 - LEO and GERALDINE OLSEN. Request to Reverse Decision of the Building Inspector, and in the alternative, a Variance under Article XXIV, Section 100-243, based upon the April 15, 1997 Action of Disapproval issued by the Building Inspector, in applicant's repair and new roof, and proposed overhead door, for an existing accessory shed. Location of Property: 3590 Main Road and Gull Pond Lane, Greenport; Parcel #1000-35-4-28.12. Mr. Leo Olsen gave reasons for the requested relief, and answered questions from board members. (No one spoke against the application during the hearing. ) Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of May 19, 1997 HEARING CONCLUDED (Olsen) : After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Ostermann, to CLOSE the hearing. Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. 7:20 p.m. PUBLIC HEARING: Appl. #4479 - JOHN AND ELSIE NIEDERAUER. Request for a Variance under Article III, Section 100-33C based upon the March 18, 1997 Action of Disapproval by the Building Inspector for permission to construct an accessory garage in the front yard at less than the required 40 feet for a parcel containing 24,000+- sq. ft. in area. Location of Property: 1745 Bayshore Road, Greenport, NY; County Parcel #1000-53-4-7. R-40 Residential Zone. , Mr. Craig Arm (East End Drafting) and Mr. Niederauer appeared in behalf of this application. Also, in opposition was Bill Irion, Esq. , Smithtown, NY, representing nearby and adjoining property owners. HEARING CONCLUDED: After receiving testimony from both sides, motion was made by Chairman Goehringer, seconded by Member Ostermann, to CLOSE the hearing. Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. 7:45 p.m. PUBLIC HEARING: HUGH DANGLER and CHRISTINE WCABE. This is a request for a Variance under Article III, Section 100-33 (R-80 Zone) based upon the May 5, 1997 Action of Disapproval issued by the Building Inspector, whereby applicants have applied for permission to locate an accessory gazebo structure in an area other than the required rear yard at premises known at 855 Old Harbor Road, New Suffolk, Town of Southold, NY; County Parcel #1000-117-3-7. Mrs. McCabe was present with her husband, Hugh Dangler, who answered questions from the board. HEARING CONCLUDED: After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Ostermann, to CLOSE the hearing. Vote of the Board: Ayes: All (4-0) . This resolution was duly adopted. 7:50 p.m. POSTPONED PUBLIC HEARING: Application for RAYMOND .FEDYNAK. The Chairman opened the hearing for everyone, and since there were no appearances, motion was made by Chairman Goehringer, seconded by Member Ostermann, and duly carried, to postpone this hearing until 8:00 p.m. , June 19, 1997, pending receipt of the requested single-and-separate search for the substandard parcels. This resolution was duly adopted. Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of May 19, 1997 8:00 P.M. Chairman Goehringer ABSTAINED (left the room for most of the next hearing. Upon returning to the meeting hall, the Chairman sat at the back of the room in the audience and did not participate in the Asness Application) . PUBLIC HEARING, continued from last meeting: Application of BARRY AND CAROL ASNESS. James Dinizio officiated as Chairman Pro Tem. Further testimony and information was received. HEARING CONCLUDED: After receiving testimony, motion was made by Chairman Pro Tem Dinizio, seconded by Member Ostermann, to close the hearing. Vote of the Board: Ayes: All (3-0) . This resolution was duly adopted. Chairman Goehringer returned to the Board for participation at this time. II. SEQRA: A. DECLARATION for Type II Projects. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to confirm Type II Actions for those applications with accessory uses, setback variances, lot-coverage variance, and waivers for lots (based on original deed lot lines) without further procedure under SEQRA. The Secretary confirmed that Notices of these Type II Actions have been made a part of each and every file by the ZBA staff immediately after filing the applications with the Town Clerk's Office. This resolution was duly adopted. B. DECLARATION PENDING (Unlisted or Type I only) : Bell-Atlantic/NYNEX located at Orient. Planning Board has confirmed Lead Agency status and is coordinating review at this time. III-A and B (Agenda Items) : The Chairman requested the board members review the new application of Bell-Atlantic/NYNEX received six days ago. It was suggested that this file be assigned a file number (through Town Clerk's Office) , and be discussed for at the June 5, 1997, after receiving a legal opinion from Town Attorney Laury Dowd as to the procedures to be permitted under this application, and whether there would be any affect by the recent moratorium on this application regarding procedural steps, reviews, and actions. No action was taken on the application for a tower at the Orient site. (The Moratorium Local Law was received today by the Secretary of State. ) Page 5 - Minutes Southold Town Board of Appeals Regular Meeting of May 19, 1997 III-C (Agenda Item) : RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize ADVERTISEMENT and DISTRIBUTION OF SIGNS (for posting at the subject premises) regarding the following applications, advertising a date of JUNE 19, 1997 for public hearings on each, to be held at the Southold Town Hall, Main Road, Southold, New York: #4482 - Church of God in Christ (recommended by GG) #4483 - Mueller (recommended by LT) #4480 - Nickart Realty (recommended by LT) , with the exception of the applications for new tower(s) which are not authorized to be advertised for public hearings at this time. (Note: These files are pending reviews 'under the SEQRA process, may be affected by the new Moratorium, and the Board is awaiting a response from the Town Attorney as to procedures and actions. ) Vote of the Board: AYES: All (4-0) . This resolution was duly adopted. IV. COMMITTEE CALENDARS: Planning and Zoning Committee was held Thurs. , May 15. 1997 at 7:30 p.m. , and Member Ostermann confirmed her attendance. V. DELIBERATIONS/DECISION: Attached are copies of the decisions adopted at tonight's meeting: Appl. #4471 - LAWRENCE and LINDA WARREN. Appl. #4463 - LAWRENCE SUTER d/b/a Bluewater Seafood. Appl. #4476 - MARIA BULIS. Appl. #4477 - ARTIE AND CAROL SIRICO. Appl. #4478 - LEO AND GERALDINE OLSEN. Appl. #4481 - HUGH DANGLER and CHRISTINE McCABE. Minutes of May 19 ,�, J97 Regular ing Pa ' 6 :APPEALS BOARD MEMBERS SVFFO�� er,Chairman �O�O CD Southold Town Hall Gerard P. Goehrin g G?� 53095 Main Road Serge Doyen o '� P.O. Box 1179 James Dinizio,Jr_ Southold,New York 11971 Fax(516)765-1823 Lydia A.T�torb Ol �a�� Telephone (516)765-1809 aureen stermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4471 - LINDA AND LAWRENCE WARREN PARCEL 1000-109-3-2.41 STREET & LOCALITY: 24380 Main Road, Cutchogue, NY DATE OF PUBLIC HEARING: May 7, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an Residential Zone District, being situate on the south side of the Main Road, Cutchogue, with 240 ft. road frontage 'and a lot depth of 225 feet along the westerly side line. The subject land is improved with a one-story frame residence. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the following grounds: ". . .When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII, 100-231. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a six ft. high fence at the northerly front yard portion of the applicants' at a minimum of 35 feet from State Route 25, including a six ft. high gate at the northwest corner/portion. The fence is proposed to extend a distance up to the full length of the property adjacent to the Main Road. BOARD REASONS FOR ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the fence will be constructed of natural wood and will serve to conserve neighboring property values by preventing illegal dumping on the applicants' property. (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 has testified that the purpose of the fence is to protect a large wooded portion of the Page 7 - May 19, 199-1 Appl. #4471 - Linda and Lawrence Warren Southold Town Board of Appeals property from illegal dumping of trash. A four-foot high fence would not be sufficient to prevent dumping. (3) The requested area variance is not substantial because the fence is two feet higher than a four-foot high fence which is permitted by the ordinance. (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 fence is designed to protect the wooded area and environmental quality of the neighborhood. (5) The situation has not been self-created because applicants cannot reasonably be expected to police the wooden section of their property to prevent illegal dumping. (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 GRANT the relief requested, subject to the following Conditions: 1. The fence shall be stained with a natural wood tone finish. 2. A row of evergreens shall be planted and maintained in front of . the fence. 3. The fence shall be set back a minimum of 6" to 8" from the front yard property line (or greater) . VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA AND OSTERMANN. NAY: MEMBER DINIZIO. (Absent was: Member Doyen of Fishers Island. ) This resolution was duly adopted (3-1). (Actions.97/1093-2.41) Page 8 - May 19 , 1997 Minutes,3of:,Regular Meeting Southold Town Board of Appeals FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY, 19, 1997 Appl. No. 4463 - LAWRENCE SUTER PARCELS 1000-122-3-7 (and Bagshaw Parcel 1000-122-3-6) STREET & LOCALITY: 11400 Main Road (and 11500 Main Rd), Mattituck, NY DATES OF PUBLIC HEARINGS: April 10, 1997 and April 24, 1997 PROPERTY FACTS/DESCRIPTION: This property is located in a B-General Business Zone District, situate on the southerly side of the Main Road with 75 ft. road frontage, 196.71 ft. frontage along the easterly property line (adjoining the Bagshaw parcel #1000-122-3-6) . The Suter parcel contains a total area of approximately .375 of an acre; and the buildings and land are more particularly depicted on the site plan map prepared by Suter & Suter, Architects, most recently dated and received 4-8-97. BASIS OF APPEAL: The Building Inspector has issued two separate Actions of Disapproval. The first is dated January 6, 1997 and reads as follows: under Article XXIV, Section 100-244B "proposed addition 'to existing retail fish market with accessory seasonal single-service utensil seating, proposed construction is on a nonconforming lot located in the General Business (B) District, has insufficient side yard . . . ten (10) ft. is required for this size lot . . . ." (Note: This Disapproval was updated in a 2/7/97 letter from the Building Inspector to confirm a 3'6" proposed side yard setback instead of five (5) feet. ) The second is an "Amendment Notice of Disapproval" dated April 10, 1997 in which applicant applied on March 31, 1997 for a permit to provide parking for an existing retail fish market. The grounds for disapproval read: ". . .pursuant to Article XIX, Section 100-191H '. . .all spaces therein are located within two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted .in such residence district or upon approval by the Board of Appeals. . . Action required. by the Zoning Board of Appeals. . . ." Page 9 - May 19, -Lzz,7 Re:. Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The application is two-fold, noted as follows: 1. Based upon the provisions of Article XXIV, Section 100-244B, applicant is requesting a permit to construct metal frame with canvass roof (addition) to existing retail fish market with accessory seasonal single service utensil seating, which canvass roof addition has an insufficient westerly side yard at less than the required ten (10) feet; and 2. Based upon the provisions of Article XIX, Section 100-191 "Off Street Parking Areas", applicant is requesting permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw) . This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential and would be accessible to serve the immediately adjacent B General Business areas. CODE PROVISIONS: Article XXIV, Section 100-244B, provides for a minimum side yard setback for nonconforming lots with a size of less than 20,000 to be 10 feet. Article XIX, Section 100-191, subsections F through I, of the Zoning Code reads as follows: F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent .of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which Page. 10 - May 19, 1JJ7 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere (unless municipally owned spaces are utilized in accordance with Section 100-191A above) . I. Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. BOARD REASONS FOR 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. Safe and adequate offsite parking on the adjoining R-40 zone property will prevent overcrowding of vehicles on the applicant's property and deter vehicles from backing out onto the Main Road. (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's property is substandard in size (.37 acre) and lacks the required area to provide adequate parking on site. (3) The requested area variance is not substantial because the R-40 zoned parcel is approximately 31,000 square feet and the applicant will require only 12,000 square-feet of the area for offsite parking. (4) The proposed variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a designated parking area will improve vehicular safety conditions on the applicant's property as well as the Main Road. (5) The situation has not been self-created because the applicant's property is a non-conforming lot that predates the code's minimum 30,000 square foot requirement for the General Business zoned properties. (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. Page 11 - May 19, suu7 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals ADDITIONAL BOARD REASONS FOR ACTION ON SIDE YARD SETBACK VARIANCE, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the property is located in a busy commercial district and a stockade fence separates the applicant's property from the adjoining westerly property. (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's property is narrow and substandard in size (.37 acre) and lacks the required area to expand. (3) The -requested area setback variance is substantial of three feet six inches (316") representing a 64 percent reduction in the 10-foot required side yard setback. (4) The proposed variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because many similar sized business properties have reduced setbacks. (5) The situation has not been self-created because the applicant's property is a nonconforming lot that predates the code's minimum 30,000 square foot requirement for General Business-zoned properties. (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 GRANT the relief as to the side yard' setback and additional* parking, SUBJECT TO THE FOLLOWING CONDITIONS: 1. This action is limited to offsite parking on the Bagshaw land which is located within the R-40 Zoning area to provide for an additional 12,000* square feet of parking area out of the approximately 31,000 square feet. 2. This approval is based upon a maximum occupancy at this site of 60 persons total at any one time. An increase in this maximum permitted occupancy may require re-consideration by the Board of Appeals. 3. This parking must be available on the adjoining parcel with the consent of the owners while the occupancy , for single-service restaurant use accessory to the retail fish market is in use. If there is no Page 12 - May 19, �---7 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals agreement in effect at any time, the use for single-service (on-site eating service) shall discontinue immediately. 4. Owner and/or operator shall furnish a written detailed statement, under oath, 'as to the greatest number of persons occupying the entire premises at any one time during the next 10 month period. 5. This permit shall expire at the time both owners' agreement terminates. . In the event of a termination or expiration of the parking agreement, the Board reserves the right to require a public hearing and to further consider all the Zoning Code standards and considerations pertaining to the effects of this addition and its use. 6. This approval is subject to Planning Board site plan approval or waiver, and a minimum 15-foot of landscape buffer (three sides), and the number and designation of parking areas, and other site plan elements shall be determined by the Planning Board under the site plan regulations of the Zoning Code. 7. All lighting must be shielded down to the ground and not glare toward neighboring or nearby areas. 8. Overflow parking is_ required under the grant of this variance for the side yard reduction of the canopy construction. 9. All parking, overflow and on-site, shall be with a safe access and sufficient for fire and other vehicles at all times. There shall not be any backing of vehicles or trailers out onto the Main Road in any manner at any time whatsoever. 10. No parking is permitted along the Main Road of either parcel as a visibility and safety precautions. 11. On December 31st of each year, copies of the entire executed lease and other agreements in effect, and renewals, amendments, cancellations, modifications, or other changes, relating to these properties shall be furnished to the Board of Appeals, Town of Southold, 53095 Main Road, P.O. Box 1179, Southold, New York, for consideration and permanent record. 12. In the event applicant is not able to obtain an agreement with the owner of the adjoining (Bagshaw) parcel, this action shall have no effect. Applicant shall notify the Board of Appeals in writing if there is no agreement for the overflow parking within six months of the date of Page 13 - May 19, 1:..7 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals this decision, and the Board of Appeals reserves the right to deem this action null and void. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostcrmann. . (Absent was: Member Doyen of Fishers Island who was away and excused.) This resolution was adopted by unanimous vote of the Board (4-0). Actions.97/122-3-7.new - End of Page- • Page 14 - May 19 , 1997 Minutes of Regular Meeting Southold Town Board of Appeals FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4476 - MARIA BULIS. PARCEL 1000-21-3-5. STREET & LOCALITY: 490 Aquaview Avenue, East Marion. DATE OF PUBLIC HEARING: May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is an inland lot situated in an R-40 Residential Zone District along the southerly side of Aquaview Avenue, East Marion, with 170 ft. road frontage and an average lot depth of 168.17 feet. This lot contains a total area of approximately 28,000 square feet and is improved with a single-family, 1-1/2 story frame house and accessory pump structure located in the rear yard, all as shown on the original survey dated August 28, 1974, submitted under this application (prepared by Roderick VanTuyl, P.C. ) . BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 11, 1997, which reads as follows: under Article XXIV, Section 100-244B, for permission to locate a deck addition to existing dwelling which will have a reduced front yard setback at less than the minimum of 40 feet, or closer minimum when using an average (if available) of the established nonconforming front yard setbacks within 300 feet, on the same side of the street, same block) . AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate open deck addition at the front of the existing dwelling, with a setback proposed at nine (9) feet, at its closest point from the northeasterly corner of the structure. The existing setback of the dwelling is shown to be 23 feet at the northeast (closest) corner, and greater at the westerly end. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in the character of neighborhood or a detriment to nearby properties because the deck addition would only be nine feet from Aquaview Avenue and would protrude beyond the established setbacks of other properties in the area. (2) The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant's property is large (28,000+- square feet) and wide (170 ft. along Aquaview Avenue) with sufficient area to expand the existing deck on the east side of build a new deck on the west side without need of a variance. Page 15 - May 19, 16 . Re: 1000-21-3-5 (Bulis) Southold Town Board of Appeals (3) The requested area variance is substantial representing a 78 percent reduction in the 40-foot front yard setback requirement of the code. (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it would infringe on the visual and open quality of this scenic area. (5) The situation has been self-created because it would infringe on the visual and open quality of this scenic area. (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 Ostermann, it was RESOLVED, to DENY the relief requested. VOTE OF THE BOARD: AYES: MEMBERS TORTORA, OSTERMANN, DINIZIO, AND GOEHRINGER. This resolution was unanimously adopoted (4-0). Page 16 - May 19 , 1997 Minutes of Regular Meeting Southold Town Board of Appeals FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4477 - ARTIE and CAROL SIRICO PARCEL 1000-77-3-25 STREET & LOCALITY: 105 Private Road #31, Southold. DATE OF PUBLIC HEARING: May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in a Residential Zone District, being situate on the easterly side of a private right-of-way (Private Road #31, Goose Creek Lane) . This lot contains a total area of 14,489 sq. ft. as depicted on the survey map prepared by Roderick VanTuyl, P.C. with a revision date of November 7, 1983. The lot is improved with a frame dwelling with existing open deck, porch, swimmingpool, and garage. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 17, 1997, which reads as follows: under Article Section 100-244B for permission to remove an existing deck, and replace with an addition, which will exceed the 20 percent lot coverage limitation. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate 14 ft. by 36 ft. addition, and with removal of 384 sq. ft. of the existing deck, will bring the total lot coverage from 3066 sq. ft. to 3186 sq. ft. (applicant's calculations provided) . The percentage as compared to a lot size of 14,489 sq. ft. is approximately 22 percent. (Other code provisions are shown to be in conformity, with. no setback encroachments are requested. ) 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 addition will be to the rear of the existing house and will not impact on the abutting properties. The property is landscaped for privacy. (2) The benefit sought by the applicant cannot be achieved by some method, feasible or practical for applicant to pursue, other than to remove the 384 sq. ft. deck and replace it with a 504 sq. ft. addition to achieve the optimum space sought. Also the architectural style of the house precludes other alternatives; (3) The requested area variance is not substantial because the new lot coverage is 22 percent, exceeding the maximum lot coverage of 20% by 288 sq. ft. (20 over) ; Page 1 r May 19, 199, Re: 1000-77-3-25 (Sirico) Southold Town Board of Appeals (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 is within an enclosed landscaped area and not substantially in view of neighboring houses, which are of various architectural styles. (5) The situation has not been self-created because applicant determined the additional space requested would accommodate the family's desire for more living space within the residence. (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 Ostermann, seconded by Member Tortora, it was RESOLVED, to GRANT the relief, as requested. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, OSTERMANN, and GOEHRINGER. (Absent was: Member Doyen of Fishers Island.) $c�jc$c�;e�c�jcx>jcxa',cxx�;cx3,cx>;cxxx Actions.97/77-3-25 Page 18 - May 19 , 1997 Minutes of Regular Meeting Southold Town Board of Appeals FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4478 - LEO and GERALDINE OLSEN PARCEL 1000-35-4-28.12 STREET & LOCALITY: 3590 Main Road and Gull Pond Lane, Greenport DATE OF PUBLIC HEARING: May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the southerly side of Main Road and the easterly side of Gull Pond Lane, Greenport. This lot contains a total (substandard) acreage of .55, more or less, and is improved with a small storage building which the applicant confirms is accessory 'to the docking of the family boat at the premises for storage and related accessory purposes. This lot is also referred to as Lot 8 (plus) on the Map of Fordham Acres filed in the Suffolk County Clerk's Office as Map No. 3519. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 15, 1997 reads as follows: under Article XXIV, Section 100-243. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Request to Reverse Decision of the Building Inspector, and in the alternative, a Variance under Article XXIV, Section 100-243, based upon the April 15, 1997 Action of Disapproval issued by the Building Inspector, in applicant's repair and new roof, and proposed overhead door, for an existing accessory shed. 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 it is based upon the limitations requested by applicants to the requested size, repair and changes under this variance application with a height of approximately 10 ft. (2) The requested area variance is not substantial because the size of the building will remain basically similar to the size which exists. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the utility structure has existed for 25 years. (4) The situation has not been self-created because this building was constructed under a building permit issued in 1973. y Page 19 - May 19, 19... Re: 1000-35-4-28.12 (Olsen) Southold Town Board of Appeals (5) 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. (6) Upon physical inspection, an unsecured shower stall was found inside the building. Applicant indicates that he is going to apply for Suffolk County Health Department approval for a residential sanitary system in which he intends to connect to this building (or possibly a future building per codes) . While this board does not condone a sanitary system in accessory structures, it has upon occasion allowed cabana use in conjunction with beach and boating residential-type facilities. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. This building shall remain as a utility storage building and shall not be used for habitable purposes. 2. The subject storage building may contain sanitary facilities for shower and lavatory during the period of time that this parcel lacks a primary residence, only with the approval of the Suffolk County Health Department for the sanitary system. Upon applicants' receipt of a building permit in the future to construct a residence, then at the time of completion of the primary residential building, applicants and/or their assigns shall remove sanitary facilities to this building within six months of being granted a certificate of occupancy for a dwelling. 3. Applicants intend to use this building as an accessory building and therefore may not use the same for sleeping quarters.. 4. The subject accessory building may not be expanded beyond its present size and nonconformity. 5. This building shall be used on a seasonal basis. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA AND OSTERMANN. (Absent was: Member Doyen.) a s Page 20 - May 19 , 1997 Southold Town Board of Appeals Minutes of Regular Meeting FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4481 - CHRISTINE McCABE PARCEL 1000-117-3-7 STREET & LOCALITY: 855 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: May 19, .1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in a Residential Zone District, being situate on the north side of Old Harbor Road, New Suffolk with 300+- ft. road frontage. The subject premises is improved with a two-story dwelling set back 60 ft. and with the new deck at 44.0 feet (ref: sketch submitted with this application by applicant) . BASIS OF APPEAL: Building Inspector's Action of Disapproval dated May 5, 1997, which states that under Article III, Section 100-33, applicants have applied for permission to locate an accessory gazebo structure in an area other than the required rear yard. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate accessory gazebo structure 8 ft. by 14 ft. in size in a front yard located with a setback not closer than 45 feet from the center of Old Harbor Road at its closest point, and 35 feet near edge of front property line. 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 it will be situated behind an eight ft. privet hedge and within a formal garden; (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 unique shape of the property. (3) The requested area variance is substantial because it is 56 feet from the existing house and 35 feet from the front property line along the road. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be situated behind an eight ft. privet hedge and within a formal garden. (5) The situation has not been self-created because of the irregular shape of the property. J T Page 21 - May 19, 19... Re: 1000-117-3-7 (McCabe) Southold Town Board of Appeals (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 Ostermann, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, OSTERMANN and GOEHRINGER. (Absent was: Member Doyen of Fishers Island) . This resolution was unanimously adopted 4-0. Page 2 2-- Minutes Southold Town Board of Appeals Regular Meeting of May 19, 1997 INFORMAL STRAW POLL: The Board Members polled on each of the following, and a consensus (at least a quorum) was offered for denials, to be carried over and adopted at the June 5, 1997 meeting: Appl. #4479 - JOHN AND ELSIE NIEDERAUER Appl. #4465 - BARRY AND CAROL ASNESS. VI. Communications or Written Correspondence for Reply: Letter from Garrett A. Strang Re: 54-4-23 (Pearlstein) as to 20 sq. ft. at a setback greater than 33 ft. granted for front yard 1990 deck. (Possible reference: 100-230A established for average in area when front yard setbacks are reduced. ) . Proposed at that time was an L-shaped deck as shown on attached map with ZBA 1/23/90 action with front yard variance. APPLICATION NEEDED: Board Members were in agreement that a formal application was needed to consider this project, and the applicant should apply for a Notice of Disapproval from the Building Inspector. There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:00 p.m. Respectfully submitted, inda Kowalski rd Secretary X/'Resolution Adopted 6/ S'/97 Gerard P. Goehringer, Chairman minutes.97/min5.19 RECEIVED .AND FILED BY. THE SOUTHOLD TOW14 CLERK DA E G F 6 uG (U Srj Town Clerk, Town of Southold