The URL can be used to link to this page

Home My WebLink AboutZBA-12/01/1999 SPEC V ,y. APPEALS BOARD MEMBERS �SUFFO(�C Gerard P. Goehringer, Chairman � OGy� 1 53095 Main Road James Dinizio,Jr. co _.c P.O. Box 1179 02 Lydia A. Tortora Southold,New York 11971 Lora S. Collins y �� ZBA Fax(516)765-9064 George Horning ��1 �►a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING WEDNESDAY, DECEMBER 1, 1999 A Special Public Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Wednesday, December 1, 1999 commencing at 6:50 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Linda Kowalski, Board Secretary Absent were Members Lora S. Collins and George Horning. 6:50 p.m. Chairman Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. SEQRA Determinations: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to adopt Negative Declarations on the following Unlisted Actions, and Declare Type II Actions as noted below: Unlisted Actions: Faith Reform Baptist Church - Appl. 4626-SE Frank Field Realty - Appl. 4765 (Add third use/subst. lot) Type II Actions (setbacks or lot-line variance or lot waiver, accessory uses): Appl. 4762V - Faith Reform Baptist Church (Jacques) Subst. lot size. Appl. 4763 - John and MaryAnne Lucy (M. Santacroce) - Lot Waiver Appl. 4764 - Locke McLean. Building Setback. Fishers Island. Appl. 4766 -James Wheeler - Building Setbacks. Appl. 4768 - George Kalogeras - Building Setbacks. Appl. 4769 - D. and M. Morris. Tennis Court Fence (height). Appl. 4770 - James and.E. Riley. Tennis Court Fence + Setbacks. Page 2 —Minutes Meeting held December '' _ 99 Southold Town Board of Appeals SEQRA Determinations, continued: Appl. 4771 - Lewis Edson (Kirsch). Building setback. Appl. 4773 - Marguerite Schondebare. Accessory B & B. Appl. 4774 - Claeys Bahrenburg. Lot Coverage. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora. (Members Horning and Collins were absent.) This Resolution was duly adopted (3-0). II. PUBLIC HEARINGS (none). III. DELIBERATIONS/DECISIONS OR OTHER ACTION: Deliberations and Approval with Conditions: Appl. No. 4750 Richard,Ribaudo Appl. No. 4760 - Steven and Stephania Vitolano. Withdrawn (with a refund) at request of applicant: Appl. No. 4736 - Glen Davis. Deliberations with possible approval in part and denial in part for December 14, 1999 meeting: Appl. No. 4755 - EDWARD V. WETZEL. This is an application (1) requesting relief from ZBA Condition #1 under Variance Determination rendered July 27, 1972, Action No. 1597 (Grathwohl and Pugsley) which states that there shall be seasonal occupancy only in cottages on Lots #1A, ##5 and #6; the season to run from March 15th through November 15th (eight months); and (2) requesting a Variance under Article XXIV, Section 100-244 for total lot coverage over the code limitation of 20% for a proposed addition to existing dwelling without approval of the Board of Appeals under the provisions of the Ordinance to allow an additional 21 to 31 sq. ft. Property location: 35 Second Street, New Suffolk; 1000-117-10- 20.4. Deliberations with possible favorable action at December 14, 1999 meeting. Appl. No. 4749 - L. WINDISCH. Variance regarding proposed arrangement of building and change of use from non-habitable to habitable/sleeping quarters in an existing accessory building.) Location: 1375 Pine Neck Road, Southold; Parcel No. 1000-70-5-39. (Applicants were present with their attorney at this time) End of Deliberations. Page 3 — Minutes Meeting held December ?; _J99 Southold Town Board of Appeals IV. RESOLUTIONS/CORRESPONDENCE/OTHER ACTION: A. RESOLUTION ADOPTED: Motion was made by Member Tortora, seconded by . Chairman Goehringer, it was RESOLVED, to approve the Minutes of the following Meetings: November 3, 1999 and November 18, 1999. Vote of the Board: Ayes: Goehringer, Dinizio,Tortora. (Members Horning and Collins were absent.) This Resolution was duly adopted (3-0). B. RESOLUTION TO ADVERTISE HEARING: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to calendar and authorize advertisement of the application of A. Yuzbasioglu and R. Schroeder for a public hearing to be held on Thursday, January 13, 2000. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora. (Members Horning and Collins were absent.) This Resolution was duly adopted 3-0. C. ' PROPOSED ZBA MEETINGS for Year 2000. Board Members reviewed the list of proposed meetings for 2000, and dates were to be modified for February, changing the remaining dates. An early February or late February meeting was suggested as an alternative for hearings. D. RESOLUTION FOR REFUND/WITHDRAW APPLICATION: Motion was made by chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the Application of GLEN DAVIS, No. 4736 WITHDRAWN as per applicant's request, and that a refund be permitted. (If a variance is determined necessary at a later date and applicant's wishes to reapply, a new fee and .new "application would be necessary as per code requirements.) This Resolution was duly adopted (3-0). (Members Horning and Collins were absent.) Brief reviews of pending files'and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, APPEALS,BOARD MEMBER SUFFO(,� Southold Town 1 Gerard P. Goehringer, Chairman ��0�� COGy� 53095 Main Road a James Dinizio,Jr. y P.O. Box 1179 Lydia A. Tortora 0 Southold, New York 11971 Lora S. Collins y �� ZBA Fax(516)765-9064 George Horning �Ol �� Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD DECEMBER 1, 1999 Appl. No. 4750 - RICHARD RIBAUDO Street and Location: 1920 The Strand, East Marion 1000-30-2-56 Date of Public Hearing: October 14, 1999; November 18, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 26,636 sq. ft. with 77 feet frontage on The Strand and 70 feet frontage on Long Island Sound, in East Marion. The top of the Sound bluff is about 200 feet from the front property line when measured along the westerly edge of the property, and about 230 feet from the front line when measured along the easterly edge. - BASIS OF APPLICATION: Building Permit No. 25961-Z was issued August 17, 1999 for construction of a single-family dwelling and in-ground pool. Applicant later sought to amend the Permit to place the house and pool closer to the top of the bluff. The Building Inspector's Notice of Disapproval dated September 13, 1999 states that the proposed "amendment to permit #25961 to move placement of house and pool, places pool within 100 feet of top of bluff. Placement of pool not in compliance with Article XXIII, Section 100-239.4A.1 which states ... All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank ... shall be set back not fewer than one hundred (100)feet from the top of such bluff or bank." AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of the 16 x 32 foot pool approximately 86.5 feet from the "average line of the bluff' at the closest point, with an on-grade patio extending 6 feet further toward the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The top of the bluff runs at an angle across the lot, leaving a property that is 200 feet deep behind the bluff at its westerly side and 230 feet deep at its easterly side. Applicant wishes to locate his house roughly in line with the existing houses on adjacent lots to the east and west. If the house is so located, no pool can be built on the Sound . side of the house without variance relief from the 100-foot setback requirement. (2) Applicant's request for a building permit was made with reference to setback from the ,average line of the bluff," a straight line that is found on the original subdivision map. The survey submitted with applicant's request to amend. the permit shows that at the westerly side of his property, the actual top of the bluff on his property is about 32-1/2 feet behind the "average line of the bluff' and that at the easterly side of the property the actual top of the bluff is about 7-1/2 feet behind the "average line." l Page 2- December 1, 1999 Appl. No. 4750- 1000-30-2-56 at East Marion (Ribaudo) Southold Town Board of Appeals (3) Applicant asks to place the pool approximately 86.5 feet from the "average line of the bluff' at the closest point; that is approximately 53.8 .feet from the actual top of the bluff. Applicant's original application for Building Permit # 25961 placed the pool 100 feet from the "average line"which would be approximately 67.8 feet from the actual top of the bluff. (4) The report of October 14, 1999 from the Suffolk County Soil and Water'Conservation District states that the bluff appears to be fairly stable at applicant's property. (5) Grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because location of the house and pool will be consistent with the configuration of structures on neighboring properties. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a house and pool in a desirable location on his property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing location of the 16' by 32' in-ground pool no less than 60 feet from the actual top of the bluff at the closest point, which would be approximately 93 feet from the "average line of the bluff' at such point, subject to the following CONDITIONS: (1) If the patio around the pool is built to any degree above grade, the Sound-facing edge of such patio shall be not closer than 60 feet from the actual top of the bluff. (2) All drainage from the pool shall be directed away from the bluff and retained in a dry well landward of the pool. (3) The pool shall be unenclosed, apart from the fencing required by law. Any illumination shall be shielded so as not to affect neighboring properties. (4) The pool and surrounding patio shall not be structurally connected to the house. (5) There shall be no disturbance of land at the north side of the pool. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio ora. (Members Collins and Homing were absent.) This Resolution was duly ado p (3- ARID P. GOEHR GER, CHAIR AN APPEALS BOARD MEMBER_ SVFFO(� Southold Town Hall Gerard P. Goehringer, Chairman h� GyJ, 53095 Main Road James Dinizio,Jr. y :c P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins y �� ZBA Fax(516)765-9064 George Horning ��l �� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD DECEMBER 1, 1999 Appl. No. 4760 -STEVE and STEPHANIA VITOLANO Street and Location: 435 Meadow Beach Lane, Mattituck 1000-115-17-17.23 Date of Public Hearing: November 18, 1999 FINDINGS OF FACT PROPERTY FACTS: The applicants' property consists of 40,000 sq. ft. in area and is known as Lot #37 on the Map of Harbor Farm Estates, in Mattituck. The lot has 153.54 ft. frontage along Meadow Beach Lane and variable depth of 292.42 ft. (west side) and 235 ft. (east side). The lot is improved with a single-family, two-story dwelling as shown on the September 28, 1998 "final survey." BASIS OF APPLICATION: Building Inspector's September 7, 1999 Notice of Disapproval under Article III, Section 100-33 for the reason that the accessory building is not proposed in a required rear yard. ! AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the proposed location of a 24 ft. by 28 ft. two-car garage at the end of the driveway, ten (10) feet from the east side property line and 130 feet from the front property line. The garage will face the side of the house. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, .materials submitted 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 detriment to nearby properties because the garage is proposed in an area which gives the appearance of a rear yard with a setback distance 130 feet from the road (front property line)and the garage entrance doors will face the side of the house. (2) The benefit sought by applicant cannot be achieved by some method;feasible for appellant to pursue, other than an area variance because the garage is used for storage of owners' vehicles and if placed at the rear of the house there would not be convenience and easy access. (3) The requested area variance is not substantial. (4) There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2- December 1, 1999 Re: 1000-115-17-17.23 at Mattituck(Vitolano) Southold Town Board of Appeals In considering this application, the Board deems this action to be the minimum necessary and adequate. to enable applicants to enjoy the benefit of an accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and 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, SUBJECT TO THE CONDITION that the garage be used as a storage/accessory use, incidental and accessory to the owner's principal residential use, with allowance for the utility of electric and outside water spigots. VOTE OF THE BOARD: Ayes: Goehringer, D' ' ' rtora. (Members ollins and Horning were absent.) This Resolution was duly adopted ERARD P. GOEHB44GER, CH RMAN Page 4 — Minutes Meeting held December 1, __99 Southold Town Board of Appeals the Chairman declared the Meeting adjourned. The Meeting was adjourned at 8:05 p.m. Respectfully submitted, 41n'da Kowalski Board Secretary 12/3/99 Attachm ase D sions �dpproved - Gerard . Goehrinpg r, Chairman D-ITIE si Town Clerk, Tovm 01 =c�._ �T,