HomeMy WebLinkAboutZBA-06/07/1999 APPEALS BOARD MEMBERS �$OFF01 Southold Town
1 Gerard P. Goehringer, Chairman � OG't� 53095 Main Road
James Dinizio,Jr. y :e P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins y ��� ax -9064
George Horning ��l �a RECEIVE'alANrD(5 LED18
BOARD OF APPEALS THE SOUTHOLD TOWN CLERK
TOWN OF SOUTHOLD DATE lad 9� HOUR 3
MINUTES Town of Southold
MONDAY, JUNE 711999 Town Clerk,
SPECIAL MEETING
A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, JUNE 7,
1999 commencing at 6:35 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Lora S. Collins, Member
George Horning, Member
Linda Kowalski, ZBA Secretary.
Absent was: Lora S. Collins, Member (out of the Country).
6:40 p.m. Chairman Goehringer called the meeting to order.
I. SEQRA REVIEWS: Pending reviews and inspections regarding new applications.
II. PUBLIC HEARINGS:
6:42 p.m. (Continuation from last meeting 5/20) Appl. No. 4689 - MERLON AND
ISABELLE WIGGIN. This is a request for a Variance under Article XXIII, Section 100-232B,
based upon the January 21, 1999 Notice of Disapproval, for approval of height of "as built"
berm (within first 30 ft. along property lines of both roadways). Corner lot at 10940 Main
Road and Truman's Path, East Marion; 1000-31-11-13. Mr. Merlon Wiggin spoke in behalf
of his application. Following testimony, motion was made by Chairman Goehringer,
seconded by Member Horning, and duly carried, to close the hearing. This Resolution was
duly adopted (4-0).
DELIBERATIONS/DECISION: Appl. No. 4698 - Merlon and Isabelle Wiggin. Approved with
condition(s). Please see attached copy (original was filed with the Town Clerk's Office).
I
Page 2— Minutes
Special Meeting of June 7, 1999
Southold Town Board of Appeals
II. PUBLIC HEARINGS, continued:
The following hearing was not held on May 20, 1999 due to lack of Notice Requirements by
the applicant under Southold Town Code, Chapter 58, and therefore was calendared for
tonight:
6:52 p.m. Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. This is a
request for a.Variance under Article IIIA, Section 100-30A.4 based upon the March 24, 1999
Notice of Disapproval, for a permit to construct accessory swimming pool in a front yard
area, rather than the required rear yard, at 6305 Horton's Lane, Southold, NY; Parcel 1000-
54-7-18.8. Patricia Moore, Esq. appeared and spoke in behalf of the applicants. Mr.
Grattan was also present. Following testimony, motion was made by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was
duly adopted (4-0).
III. DELIBERATIONS/DECISIONS: Copies of each of the following determinations are
attached as though fully set forth and incorporated into this set of Minutes. (The originals
were filed with the Town Clerk's Office.)
Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. Approved.
Appl. No. 4669—GERALDINE FEREND. Lot waiver approved.
Appl. No. 4686 - ANDREA AND STACEY PALIOURAS. Variance approved with
conditions. (Decision not issued due to moratorium).
Appl. No. 4690 - ALLEN AND LOUISE RICHARDS. Approved.
Appl. No. 4693 - L. TRAPIDO. Approved.
Appl. No. 4694 - BARRY SHAPIRO. Approved.
Appl. No. 4672 — DOUGLAS AND AMY. Approved with conditions.
IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES:
A. RESOLUTION TO REOPEN Appl. No. 4674 — STEPHEN FRIEDMAN. The Board
discussed the letter submitted by Thomas Palmer, property owner to the east (who was
present), requesting the Board reopen the Friedman hearing to receive testimony.regarding
the most recent construction plans. (Mr. Palmer has concerns about the newest plan
submitted 5/12.) Mr. Friedman is requesting Variances regarding cumulative side yard
setback (total reduction) for dwelling additions at 2140 Deep Hole 'Drive, Mattituck; 1000-
123-04-4.1. . T. Ludlow, Builder, filed the application. Motion was made by Member
Horning, seconded by Chairman Goehringer, and duly carried, to reopen the hearing for the
reasons given, and to calendar the hearing for July 22, 1999. VOTE OF THE BOARD: AYES:
f
Page 3— Minutes
Special Meeting of June 7, 1999
Southold Town Board of Appeals
Goehringer, Dinizio, Tortora and Horning. This Resolution was duly adopted (4-0). (Member
Collins was absent.)
B. Code Committee Meeting: (none scheduled as of today).
C. RESOLUTION: . June 24, 1999 public hearings confirmed. Motion was made by
Chairman Goehringer, seconded by Member Dinizio, to add Appl. No. 4712 - Henry and Linda
Kozen, to the June 24, 1999 Hearing Calendar and determine the same to be a Type II
Action. Vote of the Board: AYES: Goehringer, Dinizio, Tortora, and Horning. This
Resolution was duly adopted (4-0).
The other hearings confirmed for June 24, 1999 (from the May 20, 1999 Minutes)
are:
#4696 -George and Eileen McGough by E. Thompson,Architect.
#4697 - Fred and Mary Milner. "As built"deck and deck extension. Lot coverage and
setbacks.
#4698 -William Lieblein. Area variances by G. Strang, Architect.
#4699 - Lisa Jerome. P. Moore, Esq.
#4702 - Dan and Madeline Abbott.(Lot Waiver), Gardiners Bay Estates, East Marion.
#4703 - Mike Morrison. Setback var.
#4704 -James Hunter. Setback var.
#4705 - Raymond Mitchell.
#4706 - Richard Briggman.
#4707 - Nancy Wellin (Lot Waiver) D. Mooney, Esq. Grand Ave, Mattituck.
#4708 - Mark Lieb. Building length over 60 ft. Winery use. CR 48/Cox Lane, Mattituck.
Abigail Wickham, Esq.
#4709 -T. Losee by C. Mesiano, agent.
#4710 -J. Frazzitta. P. Moore, Esq. Await setback from closest point of prop. accessory
building to bulkhead. (New application for different relief.)
#4711 -C. Davids (if submitted in complete form 5/25).
#4662 - P. Rushin & Motley. P. Moore, Esq. (See set of landscape plans.)
APPEALS BOARD MEMBERS
�O C� Southold Town Hall
Gerard P. Goehringer, Chairman �� Gym 53095 Main Road
James Dinizio,Jr. coo = P.O. Box 1179
Lydia A.Tortora 0 Southold, New York 11971
Lora S. Collins y O�� ZBA Fax (516)765-9064
George Horning �Cl �►� Telephone (516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN.
STREET & LOCALITY: 6305 Horton's La, Southold 1000-54-7-18.8
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicants' property is a 51,603 sq. ft. parcel improved with
a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane
(b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in
Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel
with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and
315.87 ft. 159.12 ft. along the remaining two front property lines. The existing dwelling is shown
to be 82.1 ft. at its closest point from the front property line along Horton's Lane, 67.8 ft. from the
southerly front property line (private ROW), and 213.7 ft. from the westerly front property line
(private ROW).
BASIS OF APPLICATION, Building Inspector's March 24, 1999 Notice of Disapproval citing Section
100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area.
AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate an accessory 16 ft.
by 36 ft. in-ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- ft.
from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of
the New York State Building Code and the Building Department.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board, and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood_or a detriment to nearby properties. The property is a large rectangular parcel
improved with a single-family residence that contains three front yards as defined in the Southold
Town Code. The dwelling fronts on Horton's Lane to the north; the southerly side yard fronts on
a private right-of-way, and the westerly rear yard fronts on a private right-of-way.
Although the proposed location of the pool does not conform to the letter of the Town Code,
the Board of Appeals finds that the location meets and/or exceeds the required rear yard
provisions regulating accessory structures. Therefore, grant of this variance will have no adverse
Page 2 -June 7, 1999
Appl. No. 4692 - C. & H. Grattan
1000-54-7-18.8 at Southold
i
impacts on the neighborhood.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to
pursue, other than an area variance because the provisions of the Town Code, which were applied
to determine that applicants' property has three front yards, 'automatically eliminated applicants'
rear yard area which is the only conforming area in which the accessory pool could have located
without a variance.
3. The requested area variance is not substantial.
4. The difficulty is not self-created and is due to conflicting provisions in the Town Code.
5. The proposed variance will not have an adverse effect or impact on the physical or
environmental 'conditions in the neighborhood or district because the swimming pool location
conforms to the code-required setbacks for accessory structures in what would typically be
considered a large conforming rear yard area.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a new
in-ground swimming pool, while preserving and protecting the character of the neighborhood and
the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was
RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDITION that there be
no roof..
Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, H, orning. This Resolution was. duly
ADOPTED (4-0). (Member Collins was absent.)
I
GERARD P. GOEHRING
CHAIRMAN
For filing 6/11/99
' June 7, 1999
APPEALS BOARD MEMBERS S�FFO(,Y
Southold Town Hall
Gerard P. Goehringer, Chairman _� Gym 53095 Main Road
James Dinizio,Jr. y P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins -y o�� ZBA Fax (516)765-9064
George Horning l �� Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4669 —GERALDINE FEREND
PROPERTY LOCATION: 5345 Vanston Road, Cutchogue;
1000-111-14-1 (& 2 adj.)
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot known as Lot 250 on
the Amended Map A of Nassau Point,, located on the easterly side of Vanston Road at Nassau Point,
Cutchogue, NY. A survey has been submitted for both the subject lot and the adjoining lot, Lot 249,
which is also vacant. A June 14, 1965 survey shows a combined area for these two lots at
approximately 56,000 sq. ft., with 199.20 ft. along a tie line at Vanston Road, 257 ft. along the
southerly line, 201.37 ft. along a tie line at Wunneweta Pond, and 302.50 ft. along the northerly
property line. The subject Lot (#250) has an area of approximately 27,000 sq. ft., and the
adjoining lot (#249) an area of approximately 29,000 sq. ft.
BASIS OF APPEAL: Building Inspector's June 22, 1999 Notice of Disapproval which reads as
follows: "Both non-conforming lots being located in an R-40 Zone have been held in the same
name of Geraldine Ferend. Both deeds recorded in the County on 8/4/65. Pursuant to Article II,
Section 100-25A, the lots are merged."
RELIEF REQUESTED BY APPLICANT: The request made by applicant is for a Lot Waiver with
respect to 5345 Vanston Road, Cutchogue, County Tax Map Lot 1000-111-14-1, as confirmed for
Lot 250 on the Amended Map A of Nassau Point and current deed dated August 4, 1965 recorded at
Liber 5793 page 531. With respect to Section 100-25C(4) of the Zoning Code, this subdivision was
listed on the Code's Exceptions List at former Section 100-12, however the lots were not placed in
single and separate ownership by Janu-
ary 1, 1997 to avoid a merger.
INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD:
1. .Merger of Lots #'1 and #2 occurred January 1, 1997 when the Town Board removed the list of.
excepted subdivisions from the Zoning Code. Prior to that time the applicant's two lots were
excepted from the Town Code's lot area requirements because they were part of the Nassau
Point Subdivision, one of many exempted from the code's lot area and width requirements
Pagc 2-June 7. 1999 +
Appl.No.4669-Gcraldinc Fcrcr
1000411-14-1 (&2)at Nassau Point
excepted from the Town Code's lot area requirements because they were part of the Nassau
Point Subdivision, one of many exempted from the code's lot area and width requirements
(former Code Section 100-12).
2.' The applicant purchased the two lots by two separate deeds in 1965.
3. Applicant's attorney submitted a list of the lot.sizes in the{ neighborhood. The Zoning Board of
Appeals has carefully reviewed the survey and finds that most of the lots are smaller in size than
the applicant's combined Lots 1 and 2 (.59 acre and .62 acre = 1.21 acres).
REASONS FOR BOARD ACTION: After consideration of the;entire record, testimony at the public
.hearing and other evidence, the Board finds the following facts to be true and relevant:
1. The waiver will allow for construction of an additional single-family residence, which will not
result in a significant increase in the density of the neighborhood.
2. The two lots were created by subdivision. The waiver will recognize a lot
that is consistent with the size of lots in the Nassau Point subdivision neighborhood. Most of the
subdivision is developed with single-family residences on lots similar in size to Lots #1 and #2 that
would be recognized by this waiver of merger.
3. No environmental conditions on the lot or'nearby areal have been identified that would be
negatively impacted by grant of this waiver. The natural details and character of the lots will not be
substantially altered nor will there be significant filling of the land affecting nearby environmental
areas or flood prone lands.
RESOLUTION: On motion by Member Tortora, seconded by Member Horning,
it was
- RESOLVED, to GRANT the Waiver as applied for.
VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, Homing. This Resolution was duly
ADOPTED (4-0). (Member Collins was absent.)
`GERARD P. GOEHRINGER, OHAAMAN
For filing about 6/10/99
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman �� Gym 53095 Main Road
James Dinizio,Jr. ti P.O. Box 1179
Lydia A. Tortora V.-, Southold,New York 11971
Lora S. Collins y ��� ZBA Fax (516)765-9064
George Horning �Cl �� Telephone(5.16)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4690 - ALAN AND LOUISE RICHARDS
STREET & LOCALITY: 400 Marlene La, Mattituck 1000-143-2-24
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is a 10,875 sq. ft. parcel with 75 ft. lot
width and lot depth of 145 ft. The parcel is located along the westerly side of Marlene Lane and
is approximately 353.36 ft. from its intersection with the Main Road in Mattituck. A survey
prepared by Joseph A. Ingegno November 13, 1998 shows an existing one-story frame house with
wood deck areas and concrete block private garage.
BASIS OF APPLICATION: Building Inspector's March 18, 1999 Notice of Disapproval citing Section
100-244 for permission to construct an addition which will have a setback at less than the code
requirement of 35 feet.
AREA VARIANCE.RELIEF REQUESTED: Applicant requests a Variance with respect to a proposed
10 ft. by 31.3 ft. addition at the front of the existing dwelling, with a setback of 30 feet. (No other
variances are the subject of this application and the side setbacks are proposed to conform per
code subject to review by the Building Inspector.)
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board, and personal inspection,the Board makes the following findings:
(1) The granting of the area variance will not produce an undesirable change in character of
neighborhood or a detriment to nearby properties because applicant's proposed addition deck is at
a*setback similar to an existing neighbor's front yard setback(to the south).
(2) The benefit sought by the applicant cannot be achieved by some method, feasible for
applicant to pursue, other than an area variance because other possible locations for the proposed
addition are already occupied by a garage, driveway and septic system.
(3) The requested area variance is not.substantial, representing a variance of five feet, or 14.2%,
of the code requirement.
(4) There is no evidence that the grant of the variance will have an adverse effect or impact on
Page 2-June 7, 1999
Appl. No. 4690-A. &L. Richards
1000-143-2-24
the physical or environmental conditions in the neighborhood or district.
(5) The alleged difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a new addition, while preserving and
protecting the character of the neighborhood and the health, safety, welfare of.the community.
RESOLUTION/ACTION: On motion by Member Horning, seconded by Chairman Goehringer, it was
RESOLVED, to GRANT the variance, as applied for SUBJECT TO THE FOLLOWING CONDITION:
There shall be no other encroachment permitted into the fl ont yard except for the proposed
addition as shown on the Ingegno survey dated November 13, 1998 and a 30 sq. ft. stoop (per
Code).
VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora,,Horning. This Resolution was duly
ADOPTED (4-0). (Member Collins was absent.)
GERARD P. GO GER HAIRMAN
For Filing about 6/10/99
r
APPEALS BOARD MEMBERS SVfFO��
Southold Town Hall
Gerard P. Goehringer, Chairman _� Gym 53095 Main Road
James Dinizio;Jr. y 1 P.O. Box 1179
Lydia A.Tortora T Southold, New York 11971
Lora S. Collins � ZBA Fax (516)765-9064
George Horning �Cl �►a Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
SPECIAL MEETING
JUNE.7, 1999
Appl. No. 4672 - DOUGLAS and AMY ROSE
STREET & LOCALITY: 500 Maple Lane, Southold- 1000-64-1-20
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The subject property consists of a total lot area of 31,486 sq.
ft. with 120 ft. frontage along Maple Lane and an average lot depth of'262+- feet, Southold. The
survey updated December 22, 1998 shows an existing one-story, single-family dwelling. The
dwelling is shown at 88.6 feet at its closest point to the front property line and a nonconforming
side yard setback at 13.8 feet. The remaining side and rear yard setbacks are conforming per
code.
BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated December 3, 1998 citing
Article XXIV, Section 100-244.B for the reason that the Code requires a minimum side yard at 15
feet on nonconforming lots having more than 20,000 sq. ft. and less than 39,999 sq. ft. of land
area. The existing 3.8 ft. side yard is proposed to be reduced to 11,8" at its closest point. No
other variance has been requested through this building permit/appeal process.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a proposed addition, a
small portion of which will be extending into a nonconforming side yard area.
REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public
hearing and other evidence, the Board finds the following facts to be true and relevant:
1) Grant of the area variance will not produce an undesirable change in character of neighborhood
or a detriment to nearby properties because the variance is minor, relating to only a 32 sq. ft.
portion of the proposed addition, allowing the remaining side yard of the dwelling to remain at
13.8 feet.
2) The benefit sought by the applicant cannot be achieved by some method, feasible for
applicant to pursue, other than an area variance.
3) The requested area variance is not substantial, representing 32 sq. ft. of building area.
4) There is no evidence that the grant of the variance will have an adverse effect or impact on the
physical. or environmental conditions in the neighborhood or district because the remaining side
yard setback of 13.8 feet will be maintained without further reduction.
Page 2— June 7, 1999
ZBA Appl. No. 4672 - D. and t rise
Parcel ID 1000-64-i-20
(5) The alleged difficulty has not been self-created.
In considering this application, the Board finds that a variance to allow construction of the
proposed addition is the minimum necessary and adequate, and at the same time will preserve
and protect the character of the neighborhood, and the health,;safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was
RESOLVED, to GRANT the variance, as applied .for, and SUBJECT TO' THE FOLLOWING
CONDITIONS: `
1. The proposed addition shall be limited to one-stry height (same height of existing
dwelling/roof line).
2. The buffer of trees and shrubs shall remain and be continuously maintained in good
condition at all times along the proposed addition and extending 40 ft. west of the
addition.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING.
(Member Collins was absent.) This Resolution was opte
GERARD P. GOEHRIVR
CHAIRMAN
For Filing about 6/10/99
i
APPEALS BOARD MEMBERS O�OSUfFO(/rCOG Southold Town Hall
Gerard P. Goehringer, Chairman �� yJ► 53095 Main Road
James Dinizio,Jr. N P.O. Box 1179
Lydia A. Tortora T Southold, New York 11971
Lora S. Collins y o�� ZBA Fax (516)765-9064
George Horning l �a Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4694 - BARRY SHAPIRO
STREET & LOCALITY: 625 Wood Lane, Peconic 1000-86-6-7
DATE OF PUBLIC HEARING: . May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the north side of a private
road known as Wood Lane, in Southold. The property is nonconforming with a total area of
22,738.32 sq. ft. and lot width (frontage) along.the roadway of 76.86 feet. The parcel is improved
with a single-family dwelling with an existing setback 21 feet from the northwesterly corner of the
dwelling to the bulkhead and 37+- feet from the northeasterly corner of the dwelling, at the
closest points.
BASIS OF APPLICATION: Building Inspector's March 17, 1999 Notice of Disapproval citing Section
100-239.4B with respect to a setback reduction at the northwesterly corner from 217"(existing) to
14+- feet, at its closest point from the bulkhead, and at 11+- feet.at the northeasterly corner, of
the proposed deck addition.
AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the
north end of the dwelling, having dimensions of:
11 ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6".
The proposed setbacks are: (a) 11 ft. from the bulkhead to the deck steps at the northeasterly
corner; (b) 21'7"+- from the bulkhead to the deck steps at the northwesterly comer. No
encroachment into the side yards is proposed for the deck addition.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board, and personal inspection, the Board makes the following findings:
(1) The granting of the area variance will not produce an undesirable change in character of
neighborhood or a detriment to nearby properties because applicant's proposed deck will be open
and unroofed and will not be enclosed.
(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 dwelling has been in its
nonconforming location for more than 40 years.
Page 2 -June 7, 1999
Appl. No. 4694 - Barry Shapiro
1000-86-6-7 at Peconic
(3) The requested area variance is substantial, representing a reduction of 11
feet at the northwest corner and 21 feet at the northeast corner.
(4) There is no evidence that the grant of the variance will have an adverse effect or
impact on the physical or environmental conditions in the I neighborhood or district because
the variance is for an open, unroofed deck with easy access from the dwelling, for
enjoyment of the out-of-doors without leaving the house.
(5) The alleged difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a new,
deck, while preserving and protecting the character of the neighborhood and the health, safety,
welfare of the community. j
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was
RESOLVED, to GRANT the variance,as applied for, SUBJECT TO THE FOLLOWING CONDITIONS:
' 1. That there be no further reduction in the northerly yard setbacks noted above;
2. That the deck remain "open to the sky"and unroofed, as proposed.
Vote of the Board:. Ayes: Goehringer, Dinizio, Tortora, Horning. (Member Collins was absent.)
This Resolution was duly ADOPTED by u 4-0) vote of the Board.
GERARD P. GOEHRINGER, CHAI AN
FOR FILING about 6/10/99
f
APPEALS BOARD MEMBERS O g11FFO(,�
�O C� Southold Town Hall
Gerard P. Goehringer, Chairman �� GyJ► 53095 Main Road
James Dinizio,Jr. COD .c P.O. Box 1179
Lydia A.Tortora Southold, New York 11971
Lora S. Collins y ��� ZBA Fax(516)765-9064
George Horning �Cl �►a Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4693 - LEONARD TRAPIDO
STREET & LOCALITY: 205 Carrington Road, Cutchogue 1000-111-1-27
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the south side of
Carrington Road, Cutchogue, and is referred to as Lot 395 on the Map of Nassau Point Properties,
Section D. The property is approximately 25,250 sq. ft. in area with 120.88 ft. along Carrington
Road, with a lot depth of 240+- feet. The parcel is improved with a single-family dwelling located
78 feet from the front property line.
A previous determination was rendered by the.Board of Appeals on May 23, 1974 under Appl.
#1900 granting a variance with side yards at 15 feet and 10 feet, with the exception of a 'false
wall area which shall be no thicker than one foot." The present setbacks of the dwelling with side
yards of 7.5 feet and 15 feet do not conform to the previous setbacks.
BASIS OF APPLICATION: Building Inspector's December 1, 1998 Notice of Disapproval citing
Section 100-244B with respect to an "as built" deck located on a nonconforming lot of 25,352 sq.
ft. with less than the required cumulative side yard setbacks of 35 feet (total). The setbacks are
requested at 7.5 feet and*15 feet for an"as built"storage building and wood deck.
AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the
north end of the dwelling, having dimensions of: 11 ft. at one end and 24 feet at the opposite
end,to a maximum width of 24'6".
The proposed setbacks are: (a) 11 ft. from the bulkhead to the deck steps at the northeasterly
corner; (b) 217+- from the bulkhead to the deck steps at the northwesterly corner. No
encroachment into the side yards is proposed for the deck addition.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection,the Board makes the following findings:
(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 shed is for storage purposes and is
at one-story height, and the "as built" deck is not a fully enclosed building, and will remain open
Page 2 -June 7, 1999
Appl. No. 4693 - L. Trapido
1000-111-11-27 at Cutchogue
and unroofed as a deck.
(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 dwelling has been in its
nonconforming location for more than 40 years.
3 The requested area variance is not substantial, representing a reduction of 2.5 feet at
the westerly side yard setback, and 2.5 ft. reduction in the cumulative side yard total.
4 There is no evidence that the rant of the variance will have an adverse effect or
( ) 9
impact�on the physical or environmental conditions in the'i neighborhood or district because
the variance is for an open, unroofed deck with easy access from the dwelling, for
enjoyment of the out-of-doors without leaving the house, and an :`as built" shed for
storage purposes.
(5) The alleged difficulty has not.been self-created.
In considering this application, the Board deems this action!to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a storage shed and.open deck addition,
while preserving and protecting the character of the neighborhood and the health, safety, welfare
of the community.'
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was
RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That there be no further reductions in either side yard;
2. That the deck remain open to the sky and unroofed, as applied.
Vote of the Board: Ayes: Goehringer, .Dinizio, Tortora, Horning. This Resolution was duly
ADOPTED by unanimous (4-0) vote of the Board.
r
GERARD P. GOEHRI ER
CHAIRMAN
For Filing about 6/10/99
APPEALS BOARD MEMBERS SVfFO(�-
0 CD - Southold Town Hall
Gerard P. Goehringer, Chairman �� Gym 53095 Main Road
James Dinizio,Jr. y '� P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins y ��� ZBA Fax(516) 765-9064
George Horning �Cl �►� Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF TUNE 7, 1999
Appl. No. 4689 - MERLON and ISABELLE WIGGIN
STREET& LOCALITY: 10946 Main Road, East Marion 1000-31-11-1.3
DATE OF PUBLIC HEARING: May 20, 1999 and June 7, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: .The applicant's property is a corner lot located on the southerly side of
the Main Road (State Route 25) and the westerly side of Truman's Path, in East Marion. The property
consists of a total lot area of approximately one-half acre with 98.50+-ft. frontage along the Main Road,
and 221.90 ft. along Truman's Path (a private,traveled right-of-way).
BASIS OF APPLICATION: Building Inspector's January 21, 1999 Notice of Disapproval citing Article XXIII,
Section 100-232B of the Zoning Code with respect to a berm constructed under Building Permit #24893Z,
for the reason that the berm exceeds the maximum height requirement for a front yard and for a corner lot
of two intersecting roadways. Article XXIII, Section 100-232B states:
B. On all corner lots, berms,walls,fences and hedges or any other potential obstruction to vision shall not exceed a
height of two and one-half(2 1/2) feet above the average street level within an isosceles triangle having thirty-foot sides
along each street to preserve sight lines for traffic.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for the berm at approximately 36"
from ground, in the area restricted at 30 ft. from the intersecting corner of the property, in both directions. -
Applicant stated that the remaining portions of the berm will meet the code's height limitation of 48"
(maximum) within front yard areas on this corner lot.
INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD:
1. Applicant has testified that although he originally constructed the berm in accordance with the Town
Code requirement, the Suffolk County Water Authority rebuilt the berm as part of a water main
installation project. The rebuilt berm altered its original dimensions and height, which exceed the
height limit and are the subject of this variance request.
2. The Zoning Board Chairman met at the site with the applicant to reach a compromise that would take
into consideration visual and safety factors. The applicant has agreed to reduce/amend his request,
and the Zoning Board of Appeals finds that the amended request is acceptable and reasonable.
REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board
and personal inspection,the Board makes the following findings:
1. Grant of the area variance, as amended, will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the revised/reduced berm will not have a
negative visual impact on the neighborhood or,create unsafe traffic conditions.
Page 2-June 7, 1999
ZBA Appl. No. 4689- M. &I.Wiggin
Parcel 1000-31-11-13 at East Marion
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue,
other than an area variance because after the berm was reconstructed by the Suffolk County Water
Authority, it exceeded the Town Code's height requirement.
3. The requested area variance is not substantial and exceeds the height limit
by not more than 12 inches.
4. No evidence has been submitted or presented to indicate that the grant of an area variance will have an
adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The difficulty has not been self-created and is due to improper reconstruction of the berm by the Suffolk
County Water Authority.
In considering this application, the Board deems this action to be the minimum necessary and adequate to
enable the applicants to enjoy the benefit of a berm, while preserving and protecting the character of the
neighborhood and the health,safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora,seconded b, y,
it was
RESOLVED, to GRANT the variance, as amended by applicant and described below:
1. The berm shall be reduced to a maximum height of 301 inches for the first 16 feet of distance
(commencing from the northeast corner of the property) at the intersection) in both directions;
and
2. The berm shall be limited to its existing height for next 12 ft. of length
(within the.30 ft. long restricted area) at a maximum of 42 inches.
3. The remaining portions of the berm shall not exceed the code
requirement at 48 inches along or within front property lines.
4. Railroad ties shall be placed at a setback of 30 ft. from the property
line with reflectors(on posts).
5. The land monument will remain in its correct place (verified by a
surveyor).
6. The existing tree limbs shall be trimmed to improve visibility.
7. The Board reserves the right to inspect and ask for additional maintenance (for compliance with
the above conditions).
Vote of the Board: Ayes: Goehringer, Dinizio,Tortora,.Horning. This Resolution was duly ADOPTED (4-0).
(Member Collins was absent.)
GERARD P. GOEHRI ER
CHAIRMAN
Page 4— Minutes
Special Meeting of June 7, Lj99
Southold Town Board of Appeals
V. EXECUTIVE SESSION (not held).
VI. MISCELLANEOUS: The Board Members reviewed the draft letter to Patricia Moore,
attorney for the Giannaris-Hellenic Project at East Marion, and authorized the Chairman to
sign the letter (as prepared).
There being no other business at this time, the Chairman declared the meeting
adjourned. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Li da
Kowalski /19/99
Board Secretary
De ' ons Atta d:
pproved - 7/22/9 Resolutio