Loading...
HomeMy WebLinkAboutZBA-09/30/1999 SPEC , APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBAFax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY/ SEPTEMBER 30, 1999 A Special (Open) Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, Sep- tember 30, 1999, commencing at 5:30 p.m. This Meeting replaced the former Regular Meeting of September 16, 1999, which was canceled due to Hurricane Floyd in the area. Present were: " Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 5:30 p.m. Chairman Goehringer called the meeting to order. * * * The Chairman proceeded with the first item on the Agenda as follows: 1. DEUBERATIONS/DECISION: Pending Appl. No. 4723 - Southampton Lumber Co. At the beginning, the Chairman asked whether any Board Member wished to speak. Members Collins, Tortora and Dinizio each spoke individually. Member Collins indicated a draft from the prior meeting, for approval, was prepared for discussion. Member Tortora indicated another draft was prepared for discussion. tonight. It was agreed to continue discussions later after the hearings are held tonight on other matters. * * * II. SEQRA updates: RESOLUTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to declare the following SEQRA actions and declare Negative Declarations for each of the applications as submitted: Unlisted Actions: W. Rich III - pool on lot without principal use. H. Raynor - lot area variance for second use. M. Peters - lot coverage variance. Page 2 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals Type II Actions (setbacks, lot-line variances, accessory uses) G. and J. Braun - side yard setback. C. Emery - bluff setback. M. Thomson - accessory use. E. and J. Dart - lot line adjustment. M. Peters - setback from rear line. A. Krupski - setback from rear line. P. and D. Pfening - barn location. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * III. PUBLIC HEARINGS: 5:54 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. (Continuation from July 22, 1999). Request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. The adjoining lot 1000-37-4-15 is improved with a dwelling and is referred to as 435 Pine Place, East Marion, NY. Eugene Barnosky, Esq. spoke in behalf of the applicant. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE the hearing pending deliberations. This Resolution was adopted by unanimous vote (5-0). 5:57 p.m. Appl. No. 4739 - JOANN and WILLIAM RICH III. This is a request for a Variance under Article III, Section 100-31C.4 for the use and location of an accessory swimming pool, constructed under Building Permit No. 18782, at 1105 Orchard Street, Orient; Parcel Nos. 1000-25-2-20.17 and 19.1. This appeal is based upon the July 28, 1999 Notice issued by the Building Department, disapproving an application for a Certificate of Occupancy, for the following reasons: "Swimming pool or tennis court incidental to the residential use of the premises and not operated for gain...subject parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal #2104 dated March 26, 1976 and have not merged." Page 3 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals William Rich, Esq. appeared in behalf of his application. After receiving testimony and answers to questions, motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to CLOSE (conclude) the hearing. This Resolution was duly adopted by unanimous vote (5-0). 6:25 p.m. Appl. No. 4740 - GEORGE and JEAN BRAUN. This is a request, based upon the July 22, 1999 Building Inspector's Notice of Disapproval, for a Variance under Article III-A, Section 100-30AA for approval of a side yard location of the existing accessory garage due to the proposed construction of an addition to dwelling. Existing garage is currently in the rear yard. 2005 Bay Shore Road, Greenport; Parcel 1000-53-4-11. Robert Grigonis (Contractor) appeared in behalf of the application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Members Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was duly adopted by unanimous vote (5-0). 6:28 p.m. Appl. No. 4741 - CHRISTOPHER EMERY. Applicant's request for a Variance is based upon the August 13, 1999 Notice of Disapproval, and Article XXIII, Section 100-239AA.1, for a proposed location of an accessory swimming pool in the rear yard with a setback of less than 100 feet from the top of the bluff or bank of the Long Island Sound. 2735 Soundview Avenue, Mattituck; Parcel 1000-94-1-13. Christopher Emery appeared in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to CLOSE (conclude) the hearing. The Chairman asked Mr. Emery to arrange to have the green signature cards submitted for the permanent record under Ch. 58 (Notice Requirements). 6:35 p.m. Appl. No. 4742-SE - MARY ELLEN WHITTET THOMSON. Applicant requests a Special Exception under Article III, Section 100-31B(13) for approval of "as built" Accessory Apartment use, in conjunction with applicant-owner's occupancy of her residence at 6230 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-2-3. Gary Olsen, Esq. appeared with Ms. Thomson. Mr. Bill Koster appeared with a question concerning owner- occupancy and whether someone has to resubmit when the property changes ownership. The Chairman replied that a new application is required the way the current Code is written. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 6:47 p.m. Appl. No. 4744 - EDWARD and JUDY DART. This is a request for Variances under Article II, Section 100-23-C pursuant to a Notice of Disapproval issued September 1, 1998, and applicants' request for a change in lot dimensions with respect to lot(s) A and B with insufficient lot area, depth and width (area less than 40,000 sq. ft., lot depth at less than 250 feet, and lot width at less than 175 feet in this R-40 Zone District). Location: East Side of Peconic Lane and the South Side of North Road (C.R. 48), Peconic, NY; Parcel No. 1000-74-3-15. Mr. Edward Dart spoke in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Page 4 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals Member Collins, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 6:56 p.m. Appl. No. 4745 - MARY JO PETERS. This is a request for a Variance under Article III-A, Section 100-30A.3, based upon the June 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" addition with lot coverage in excess of the 20% code limitation and with a rear yard at less than the code requirement of 50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel; 1000-128-1-15. Mr. Joseph Orr and the owner, Mrs. Mary Joe Peters Orr appeared, and Mr. Orr spoke in behalf of the application. After receiving testimony and answers to questions, motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 7:05 p.m. Appl. No. 4746 - ALBERT J. KRUPSKI. This is a request for a Variance under Article III, Section 100-33B based upon the August 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" accessory building with a rear yard setback at less than the code requirement of three (3) feet. Location of Property: 36050 C.R. 48 (North Road), Southold; 1000-69-4-6. Albert Krupski, Jr. appeared in his father's behalf. (No objections were received from neighbors.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was unanimously adopted (5-0). 7: 10-7: 19 p.m. A short break was taken. 7:19 p.m. Motion was made by Member Tortora, seconded by Member Dinizio, and duly carried, to reconvene. This Resolution was duly adopted (5-0). 7:19 p.m. RESOLUTION: The next hearing was cancelled due to lack of compliance with Notice Requirements under Ch. 58 of the Code. Appl. No. 4685 - VINCENT TORRE. This application involves a request under Zoning Code Chapter 100, Article III, Section 100- 31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) for a variance to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of Property: 100 Sound Avenue, Mattituck; Parcel 1000-120-3-1. No appearance was made by the applicant or his agent. The Board instructed that a letter be sent to the application advising him that this matter will be held for a public hearing at the November 1999 Regular Meeting, for which Notice is required to the adjoining landowners and posting of a sign by application. The following RESOLUTION was adopted: Page 5 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to CALENDAR this matter for a public hearing for the November 1999 Regular Meeting (Nov. 18th). This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS, continued: 7:20 p.m. Appl. No. 4699 - LISA JEROME (HARDWARE STORE). Two additional green postal signature cards were submitted to the Board Secretary from P. Moore, Esq. The board proceeded with the hearing. This is an application for Variances under Article X, Section 100-102 to locate a proposed addition with rear and front yard setbacks at less than the Code requirement and under Article X, Section 100-103C for a proposed (addition) with extended frontage, greater than Code limitation of sixty linear feet in this General "B" Business Zone District. This request is based upon an application for a building permit and the Building Department's AprilS, 1999 Notice of Disapproval. Hart's Hardware Store, 50000 Main Road and Jockey Creek Drive, Southold; 1000-70-5-6.2 (corner lot). Patricia C. Moore, Esq. appeared with Mr. Goodale, operator of the Hardware Store (father of the owner, Lisa Jerome). After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CLOSE (conclude) the hearing. This Resolution was duly adopted (5-0). 7:28 p.m. Appl. No. 4747 - PAMELA and DAREN PFENING. This is a request for a Variance under Article III, Sections 100-31C and 100-33, based upon the revised Building Inspector's September 8, 1999 Disapproval for a proposed storage barn/bUilding to be located on a vacant lot without a principal use. 2905 Arbor Lane, Mattituck; 1000-113-7-25. 7:49 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. Continuation from July 22, 1999 hearing calendar.) This is a request for Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback from the top of the L. I. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) buildinq heiqht qreater than the code limitation of 35 feet. Location: North Side of Private Right-of-Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck; 1000-112-1-12. Patricia C. Moore, Esq. appeared and spoke in behalf of the applicants. Anthony Tohill, Esq. appeared with his clients, neighbors in the area, Steve Reska, P.E., Pat Given, Appraiser from Hauppauge, Richard Warren, Intra- Science. Please see written transcript of statements made during the publiC hearing, prepared separately and also filed with the Town Clerk's Office for permanent record- keepi ng. After receiving testimony, motion was made to RECESS the hearing until the Regular Meeting in November. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). * * * Page 6 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals End of Hearings. AGENDA ITEM IV. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes for convenience purposes: Approval: Appl. No. 4746 - Albert Krupski, Sr. Conditional Approvals: Appl. No. 4740 - Jean and G. Braun Appl. No. 4741 - C. Emery Appl. No. 4742 - M. Whittet Thomson Appl. No. 4744 - Edward and Judy Dart. Appl. No. 4699 - L. Jerome (Hart's Hardware Store) A Straw Poll indicated a Possible Denial at the next meeting for: Appl. No. 4739 - J. and W. Rich III AGENDA ITEM I (continued from earlier): Pending Application of SOUTHAMPTON LUMBER- Appl. No. 4723. A straw poll was discussed for both confidential drafts (either for possible approval or possible denial). Chairman Goehringer offered a motion that a decision not be postponed until the next meeting on October 14th, and the motion was lost. After further consideration, a quorum of three votes was not anticipated for either. The following Resolution was then adopted: Motion by Member Horning, seconded by Chairman Goehringer, and duly carried, to postpone a determination until the October 14, 1999 meeting. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins and Horning. This Resolution was unanimously adopted (5-0). AGENDA ITEM V. RESOLUTIONS/OTHER ACTIONS: A. Code Committee Meeting: (none). B. Inspections regarding pending applications. C. Resolution approving Minutes of September 1, 1999 and August 18, 1999. Motion was made by Chairman Goehringer, seconded by Member collins, and duly carried, to APPROVE the Minutes of the August 18, 1999 and September 1, 1999 Meetings. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote. Page 7 - Minutes Meeting held September 30, 1999 Southold Town Board of Appeals * * * Agenda Item V-D. Resolution: Hearings for 10/14/99 6:30 p.m. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to CALENDAR and ADVERTISE the following applications for public hearings to be held on THURSDAY, OCTOBER 14, 1999: 6:30 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Variance for insufficient lot size with regard to a proposed second principal (permitted) use (2nd Floor). Corner of Pike Street and 320 Love Lane, Mattituck. 6:35 p.m. Appl. No. 4750 - R. RIBAUDO. Proposed swimming pool at less than 100 feet from the top ofthe L.I. Sound bluff at 1920 The Strand, East Marion. 1000-30-2-56. 6:40 p.m. Appl. No. 4748 - ERNA LANG. Proposed garage in a front yard location at 220 Oak St., Cutchogue. 6:45 p.m. Appl. No. 4752 - MICHAEL RUSSO. Application for a Variance with respect to the front yard setback of a proposed addition at 775 Oakwood Road, Southold. 1000-90-4-22. 6:55 p.m. Appl. No. 4753 - PAUL and RUTHANN CORAZZINI. Application for a Variance with respect to the existing garage and proposed pool, in a side yard area as modified by the proposed location of a dwelling addition, at 3120 Albertson Lane, Greenport. 1000-52-4-1.2. 7:00 p.m. Appl. No. 4754 - ROBERT AND ESTHER BADENHOP. Special Exception for an Accessory Apartment in conjunction with owner's residence at 1100 South Drive, Mattituck. 1000-106-12-4. 7: 10 p.m. Appl. No. 4755 - EDWARD AND AUDREY WETZEL. Addition to dwelling with a front yard setback at less than the established 30 feet and less than 35 feet provided by the Bulk Schedule of the Zoning Code. 35 Second St., New Suffolk. 1000-117-10-20.4. 7: 15 p.m. Appl. No. 4756 - WARREN BRIAN. "As built" accessory garage in a side yard location at 500 Deep Hole Drive, Mattituck. 1000-115-12-6. 7:20 p.m. Appl. No. 4757 - SCHEMBRI HOMES. "As built" foundation for a dwelling at less than 50 feet from the rear property line. Indian Neck Lane, Peconic. 1000-86-1-4.24. 7:25 p.m. Appl. No. 4749 - LESLIE WINDISCH. Request to convert accessory building to sleeping quarters (habitable without cooking or kitchen facilities), and add bathroom facilities at 1375 Pine Neck Road, Southold. 1000-70-5-39. _ ~ ~ Page 8 - Minutes 3D 0.' ~ 'tft Meeting held September - _/1999 \:' . #, Southold Town Board of Appeals , ~0~ 7:35 p.m. Appl. No. 4751 - W. HOWELL AND R. PATTON. Application for (a) Interpretation determining whether or not bathroom facilities in an accessory building creates a second dwelling, and (b) a Variance, if necessary for approval of bathroom facilities in accessory building (without sleeping or habitable quarters), at 15825 Main Road, Orient. 1000-18-3-15. 7:45 p.m. Appl. No. 4758 - RONALD AND VICTORIA JOHNSON. Request for Variance locating accessory horse shed in side yard at 510 Tallwood Lane (ROW off w/s Cox Neck Lane - formerly A. Foster), Mattituck. 1000-113-07-19.2 (p/o 19.14). VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). * * * 'Vl EXECUTIVE SESSION (none held). * * * There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 9:05 p.m. Respectfully submitted, ~-. ~~~- UJf~~kl 10/13/99 Board Secretary . RECEIVED ---:- THE . ".. " . AND FILED BY ~I _ SOUTHom TO"VN ! .DAtE 11/2> ! 77 CLERK I ROUR tP- :/:> P/11 I . "". . J ~ . . - m i '~~"~111 Clerk m _ _ -I -- -- , 10'V\1n 01: I i I i i ~,-.. '-'-------- - . """'~.~! ......., --.. ..... , . APPE.Ai:S- BOARD MEMBERS ~~ I.~ Southold Town Hall .Gerard P. Goehringer, Chairman ~-~. . . ~, 53095 Main Road ~ . ~~ James Dinizio, Jr. o . - P.O. Box 1179 Cr.I. .;;;e Lydia A. Tortora '0 . .. fPl! Southold, New York 11971 Lora S. Collins ~. .. . ~\- /! ZBA Fax (516) 765-9064 George Homing ~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONSAND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Appl. No. 4740 - GEORGE ANDJEAN BRAUN 1000,53-4-11 STREET & LOCALITY: 2005 Bay Shore Road, Greenport DATE OF PUBLIC HEARING: September.30, 1999 FINDINGS OF FACT PROPERTYFACTS!DESCRIPTION: The applicants' property is a waterfront lot known as Lot 33 on the Map of Pec.onic Bay Estates, with 50 ft. along Bay Shore Road and 328 ft. deep located in Greenport, Town of Southold. The lot isitnproved with a single-family two-story frame dwelling with accessory garage located in the required rear yard area as shown on the June 10, 1982 Van Tuyl Survey. BASIS OF APPEAL: Notice of Disapproval dated July 22, 1999 regarding the location of an existing garage, which will be to the side of a proposed addition at the rear of dwelling. RELIEF REOUESTED: Applicants are proposing an addition at the rear of dwelling, which Will place the existing garage partly in a side yard. Applicant is not requesting a building permit regarding the garage, which has a valid Certificate of Occupancy No. Z-3971 issued September 23, 1970 by the Town. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the garage has existed for 30 years and has a Certificate of Occupancy No. Z-3971. (2) The benefit sought by the applicant cannot be achieved by locating the garage or the addition to the dwelling in any other location. (3) The requested area variance is not substantial. (4) In considering this application, the Board deems the grant of the variance for the garage in its location (existing for 30+- years) to be the minimum necessary and adequate to preserve and protect 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 "~~.=".~=~~-^---~" - --~-~'_.---~-~---~'-.--- --------------- .~_.._- -- ---------- \ . . Page 2 - September 30, 1999 Re: 1000-53-4-11 at Greenport (BraJn) Southold ToWn Board of Appeals RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. . This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * <~~ ~RAAD p, GQBj~, <'1iAtRM~ .... . Approved for R!logon 10lS .. ., .................._...~.....u...~..............,....................._..................1 :- . ~.~~-_._--. . . APPEALS BOARD MEMBERS .. :.i. ~ Southold T~wn Hall Geratd P. Goehr.lll.ge r,ChaIrman ~./~~......,...'..............~..:2.\',\\", 53095 Malll Road James DlllIZio, Jr. g; . . ~ i:j P.O. Box 1179 Lydia A. Tortora ~ ' ~~ Southold, New York 11971 Lora S. Collins ~.. .'. / ~ ZBA Fax (516) 765-9064 George Homing 'O.f ~ ~.;:s.1Y Telephone (516) 765-1809 ~" BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS! DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 APPL. NO. 4744 - EDWARDANDJUDYDART 1000-74-3-15 STREET & LOCALITY: CR. 48 and E/s Peconic Lane{Peconic. DATE OF PUBLIC HEARING: September30,l999 FINDINGS OF FACT PROPERTY. FACTS!DESCRlPTION: The property is 2.012 acres in size and, is T"shaped with frontages of 155.2 ft. on the south side ofC.R. 48 and 120 feet along the east side of Peconic Lane! Peconic. The property is zoned R-40 Lbw-Density Residential. A survey by Roderick VanTuyl, L.S. dated November 24,1976 shows a 2-1/2 story frame house set back approximately 59 feet from the west front oroperty line on Peconic Lane and more than 230 feet from the east rear property line. BASIS OF APPEAL: Building Inspector's September 1, 1998 (and August 27, 1999) Notice of Disapproval of application to subdivide the property into two parcels. The reason for the disapproval is that the proposed division would create a nonconforming lot of approximately 31,000 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF K.::OUESTED BY APPLICANT: Applicants request a variance for a proposed division of land as follows: Parcel A of 55,920+- sq. ft. fronting Peconic Lane, and Parcel 6 of 31,000 sq. ft. of vacant land. The unimproved Parcel '6', fronting on County Route 48 would be substandard (nonconforming). REASONS FOR BOARD ACT10N: .On the basis oftestirnonypresented, material presented, and personal inspection! the Board made the following findings: (1) Applicant is attempting to sell the property. Its relatively large size! and its unconventional shape, are hindrances to the sale. Based on market response over the past year, Applicants believe that the requested division is preferable, both esthetically and economically! to the division approved in App!. No. 4622. (2) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting on Peconic Lane (Parcel "A") will not change, and the vacant lot fronting on c.R. · 48 (Parcel "6'') will. be of a size consistent with the neighborhood. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. ------ "_.._.",..,"..,-~-"..._~. -- ,,_..,"~---_.- 'Page} - Appi. No.4? 4 4 . . Re: 1.0.00-74-3-15 (Dart) ZBA September 30, 1.999 Deterrniration (4) Grant of the requc5ted variance is the. minimum action necessary and. adequate to enable Applicant to make his property salable while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD ACTION/RESOL.UTIQN: Cn motion by .Member Collips, second~by Chairman Goehringer, it was RESOLVED, to GRJ~r\T the \'ariance as applied for, subject to the CONDITION that Parcel A (the larger parcel) shall be subJect to a covenant, to be filed with the Suffolk county Oerk,Jhat will prohibit further subdivrsion.. Giant .of this variance for Parcel B is in consideration, of and Conditioned upon theimpos\tion.of ~uch covenant. A copy of the filed covenant shall be. furnished for the permanent records or ttle 30ard of Appeals. VOTE OF THE BOARD: A'y'e,: Goehringer, Dinizio, Tortora, Horning, Collins, This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. *********************",)j.;'.~'",,, "" 1000-74-3-15 (Dart) I , _._--'.-_.-..' J . APPE~LS BOARD MEMBE. I~Jl~>. ~:.:~ ":_~-<.:. /~~'i>\}fFDL.t ;~""" . Southold Town Hall Gerard P. Goehringer, Chairman i/~.~' 53095 Main Road ~ "I James Dinizio, Jr. o . '> P.O. Box 1179 en '""' Lydia A. Tortora ~ ~i; Soulhold, New York 11971 Lora S. Collins ~. ~.'. ZBA Fax (516) 765-9064 George Horning ~QJ + ~~~,i( Telephone (516) 765-1809 ., . . . 1 ""'-, . BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Appl. No. 4741 - CHRISTOPHER EMERY 1000-94-1-13 STREET & LOCATION 2735 Sound View Avenue, Mattituck DATE OF PUBLIC HEARING September 30.1999 FINDINGS OF FACT PROPERTY FACTIDESCRIPTION: The applicant's property IS located at the north side of Sound View Avenue in Mattituck with an area of approximately 46,000 sq. ft. and road frontage (lot width) of 100 feet. The October 9, 1992 Young & Young survey shows an existing dwelling at 100 feet from the top of the bluff. The dwelling is approximately three years old. BASIS OF APPEAL Notice of Disapproval dated August 13, 1999 regarding a proposed 16 ft. deep by 32 ft. wide in-ground accessory swimming pool structure disapproved for the reason that it is being proposed at fifty (50) feet instead of 100 feet from the top of the Sound bluff Article XXIII, Section 100-239.4A.1 of the Zoning Code states that a minimum 100 ft. setback from the top of the bluff is required. RELIEF REQUESTED: Applicant requests a variance to locate an accessory 16 ft. by 32 ft. in-ground pool 50 feet from the top of the bluff at an angle, as shown on applicant's sketch (from the survey map). The easterly side yard for the pool is shown to meet the current code minimum-setback requirement (10 feet). ADDITIONAL INFORMATION: Applicant has submitted a letter dated September 13. 1999 from George B. Michos, Consulting Engineer. with inforrnation regarding applicant's site. Mr. Michos indicates that the construction of the pool in the proposed location will not disturb the top of the bluff or increase pressure on the soils in the vicinity of the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW On the basis of testimony presented and personal inspection, the Board makes the following findings: , . .> /~ .- Page 2 - Appl. No, 4741 1000-94-1-13 (Emery) Southold Town Board of Appeals (1) Grant of the 'requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because accessory structures are permitted in the rear yard and applicant accepts recommendations made by the Suffolk County Soil and Water Conservation District in a September 16, 1999 letter to the Board of Appeals, and the applicant's Consulting Engineer, George B. Michos, P.E.in a September 13, 1999 written opinion to the Board of Appeals. (2) The benefit sought cannot be achieved without a variance for the reasons stated by applicant at the September 30, 1999 hearing. (3) The requested area variance is substantial at a fifty (50%) percent reduction from 100 feet to 50 feet from the top of the Sound bluff. (4) In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. (5) The grant of relief is subject to the conditions set forth below, and is the minimum action necessary and adequate to enable applicant to enjoy an accessory use of an in~ground pool while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. (6) The difficulties are not self-created. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested SUBJECT TO THE FOllOWING CONDITIONS: 1. That the pool always remain detached from the principal building and not be connected with a deck or other structure. 2. The po.ol and surrounding structures shaH not be closer than 50 feet to the top of the bluff as proposed. _._,.,~" -,----- -"-~._------------_..._- . , ~ cPage 3 - Appl. No."4741 .....-- i.J.. ,""'" 1 000-94-1-13 (Emery) . 'Southold Town Board of Appeals 3. The pool structure shall not be enclosed. 4. All water drainage from the pool shall be confined to the landward area of the dwelling, and a drainage basin shall be constructed to retain water runoff. 5. Applicant agrees not to drain any pool water in the direction of the bluff and shall take all steps necessary to prevent runoff in that (northerly) direction. 6. No excavation or heavy equipment within 50 feet of the top of the bluff. -"..._- ----_.~,.,- ~._._.- APPEALS. BOARD MEMBERS ~iJ SoutholdTown Hall Gerard P. Goehringer, Chairman .~. . ~ 53095 Main Road .,. ==> . ::2. James Dinizio, Jr. .; 0 ... - P.O. Box 1179 :;<'-l.... ~ Lydia A. Tortora ...~. .;. ;p Southold, New York 11971 Lora S. Collins ~ ~:" ZBA Fax (516) 765-9064 George Homing 'fJ./ + ~~.. Telephone (516) 765-1809 '" BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Appl. No. 4740 - ALBERT J. KRUPSKI, SR. 1000-69-4-6 STREET & LOCALITY: 34850 C.R. 48, Peconic DATEOF PUBLIC HEARING: September 30, 1999 RNDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located on the south side of Middle Road (a/k/a C.R. 48) in Peconic and consists of 9,376 sq. ft. with 102.89 ft. frontage along Middle Road. The property is improved with a one-story, single-family house and the subject accessory building. The August 6, 1998 J. Metzger survey shows the accessory building at 2.0 ft. from the rear property line and 3.6 ft. from the east side property line, at its closest points. BASIS OF APPEAL: Notice of Disapproval dated August 24, 1999 regarding the location of an existing garage, to the side of a proposed addition at the rear of dwelling . RELIEF REOUESTED: Applicants request a variance for the accessory garage as located with a 2.0 ft. setback from the rear property line. The code requirement is three feet. REASONS FOR BOARD ACTION. DeSCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the garage has existed for 30 years. (2) The benefit sought by the applicant cannot be achieved by locating the garage in any other location. (3) The requested area variance is not substantial. (4) In considering this application, the Board deems this action to be the mmlmum necessary and adequate to preselve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member-Chairman Paqe 2 - September 30, 1999 Re: lUOO-69-4-6 (Krupski) p.: . Southold Town Boa rd of Appe Goehringer, it was RESOLVED, to GRANT the vari3nce, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * ~"-...J. ':'1 ":;-" I~!j' CH RMAN , ,.:'0., t'_^\ . Approved for Filing 10/4/99 .......................~........~..................................................., - . XPPEALS. BOARD MEMBER. . Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Homing Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Appl. No. 4699 - USA JEROME 1000-70-5-6.2 STREET & LOCATION: 50000 Main Road and JOCkey Creek Drive, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the southeast corner bf Main Road and Jockey Creek Drive in Southold. According to a survey by Joseph Ingegno dated February 19, 1999, it has a total area of 20,264 sq. ft. with a 200 ft. frontage on Main Road and 90 feet on Jockey Creek Drive. The property is improved with a frame building used as a hardware store, and frame shed/garage, It Is zoned B General Business. BASIS OF APPUCATION: Building Inspector's April 5, 1999 Notice of Disapproval denying an application to construct an addition to the principal building. The reasons for denial are as follows: (1) Under Artide X, Section 100-102, the Bulk Schedule for the B District requires a minimum rear yard of thirty-five (35) feet. The proposed rear yard setback is indicated as twenty-six (26) feet. (2) UodeI".A.rtide X, SectIon lQO-~ ~~JbJII~ _ ~~~~e- 'f hu~red (100) feel: from the ilgf1t:-Qf:Way. 'The ptoposedflUnt - .. ck .from.the Jockey Creek Drtvel1ght~v 15 hlnety-five (9S):F. .' .~ . . , _ '. ..r '.~ .' - " i':", (3) Under Artide X, Section l00-103C, the project shall be divided Into separate ,Sb:UCtUreS so that no s1ngl~,~ $hall have more ~n sIXtV (60) linear ~ P.f'fronlja&t The ~1i~~ Is 68.8 feet and U)lil.Proposed addition Is 2S 1111s ~ tI . .11~. '- RELIEF REQUESTED: Applicant ~uests ,a, vaJ1ance authorizing oon~GIl of the addition as proposed. Applicant's or1glnal proposal showed the front wall of the a~dltlon set bac;k 5 feel: from the front wall at ~exlstlng = ~ltlng In a minimum rear . " ..dIIIFii4.... .1~Jt~~...... II ulllf.......- ....lMIlid.".. ..'~!'f!' . -. . .' .,", ".-"-......s ,...__,~.I"I. 11_'lltr' ,',II rl-, ,~. '.- _ ,1_' _1',11,.11 I,: ...1,: r. ".." . ..it'to .., . . . '." " ll~ " . f 'r' I'. ,.- -" ,,' r 1'/." "_I'. (, 'f. II .,.~ '..~. .~~ .~w':..'\' _ II, I';. _ . ;IIJ' _1'~._~ - ~.~ ~ ,,_ ftC" '-':!i P;.:"" vi"'''',..,.. H'Il:- w -, ~ ..- __.~ ..... _".. _'_' _ . .......... _... .._ _ - Page 2 - Appl. No.4. . , , 1000-70-5-6.2 (Jerome) Southold Town Board of Appeals -- REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The proposed addition would extend the hardware store's Main Road frontage by 25 feet, from 68.6 feet to 93.8 feet, and would be 40 feet deep on the north side facing Jockey Creek Drive. Applicant states that this is the only reasonable and cost-effective way to achieve a needed expansion. (2) The rear of the existing building is 41.6 feet from the rear lot line at the c10sesJ: point. Although the addition will be less deep than the existing building, the rear yard setback will be reduced to 26 feet at the closest point (under Applicant's original proposal) because the rear walls are not parallel to the lot line. The shape of the property is such that applicant requires a rear yard setback variance in order to build a reasonable addition to the store. (3) The Board concludes it is preferable to follow Applicant's original plan for setting the addition's front wall back approximately 5 feet from the line of the existing front wall, and at the September 30 hearing Applicant agreed to this. Grant of a rear yard setback variance authorizing 26 feet at the closest point to the easterly lot line will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the addition will not substantlally change the nature of the building or Its appearance in the neighborhood. '.~'. t:, '., :~. -. . -~ . fOot . . "" 'undeSl proper1fes.. ... " .- .-. l""",'i:. . .. . JS) .~~~,~ ~ ~.~=ntGfthewartanoe_set forthbelow r. veanacl..effec:t:~,.Qn :.C)ren~IOI1m_. > !:' tlons. The grant of this relief Is the m nlmum action i'lElO9silry ai'lcf 8deQu. . able ~t.~,tl.~~hlle ';\"""[":' tf o. 'nelgh. '" .' , and "," .' I e M,.....~.. ....~ " . ,. .t.~'.'L .':" ,,- ,f,'" ...., , . 1'.... ,.,... W'"".~,. - '" """-., ...~............ - -" ';, ~ .. - ~ ,:li, " . ",,".i" ., " ,.,' _; ,..'~ 'iAIIlIi-.'~- "~..,;;.,.~ l~".~"'-" (., I" -:,rl" 1,1 11\.1_ _111~fl II' rr. ."'-1 II I," 'il ~iiIliI~ ~ " ~ .-..r.~,(..:.1 '.',1." r [~". ~'" 1'.lfl .;- I' ....,'t" .'-, I ill:-' , , .1: , -"""", " "'.'" ' , ..",i,,,. .,; i. I'.': ,",' -I n ..1".......... _II-. -, _ _ _/ r ..'.' '~""''''''-II -".., II. """',_,." ~" '.,. ... ,_.~ .;' ...,,~ ".:or " ~ . '. ....,...,._ "............".lI'!"-\"~'t-..._r.... ' 3-> , , ',.j < . "'-. ' ~",^';p . Page 3 - Appl. No 4699 1 1'000-70-5-6.2 (Jerome) Southold Town Board of Appeds 28, 1999, included tr-e 'following resolqtion interpreting Code section 100-83C, which applies to the. Limited 8us:ness zone and is worded identically to section 100-103C: "RESOlVED, that the Sc.ard interprets the meaning of section 100-83C to be that a structure shall have no more than sixty linear feet of frontage On one street, so that a structurE: with two streetfrontagessatisfies section 100-8:3C ifit measures no more than 60 Iineqr feet on one of those frontages." This interpretation applies as well to section 100-103C. Therefore, the propcsedbuilding frontage of40 feet faGing Jockey Creek Driv~ satisfies section 100-1 03C and no variance is required fortheproposed frontage of 93.8 feet on Main Road. RESOUITION/AOION: _ On (notion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the requested variances authorizing a rear yard setback of 26 feet at the closest poin-c to the rear lot line and a front yard setback of 95 feet from Jockey Creek Drive, suqjeG to the CGNDmON that, in accordance with Applicant's original proposal, the front wall of the addition shall be set back 5 feet, more or less, from the front wall of tile existing store; and further RESOLVED, that pursuant to this Board's authority under section 267-b1 of New York Town Law, the Building Inspector's Notice Of Disapproval dated April 5,1999 is hereby reversed with rf'..spect to the proposed length of building frontage facing Main Road. J~~~~If: '!%~i ,_',:.~ -"-~~-~~_.."~"... -- "_-"-""~---'_..~-,.._--_.~~~~..,-_.._"---.;~"-",..,,.,----cc=:-'.,-.''',,--- -=.._..~~,--,"--~.~.."" . . , - ~ APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lara S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OFSOUTHOLD FINOINGS,DEUBERATIONS.ANO DETERMINATION MEETING OF SEPTEMBER 30,1999 Appl. No. 4742-SE MARY ELLEN WHITTET THOMSON 1000-128-2-3 I STREET & LOCATION: 6230.Peconic Bay Boulevard, LClurel ~,." DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FAG PROPERTY FAGS/DESCRIPTION: The applicant's property consists of approximately 24,000 sq. ft. in area with 150167.64 ft. frontage along the south side of PeconicBay Boulevard in Laurel. The property is improved with a two-story wood frame residence with asphalt and gravel driveway areas. BASIS OF APPLICATION: Applicant is requesting a Special Exception pursuant to Artide III, Section 100-31, subsection 8-13 for approval of an \\ Accessory Apartment" use within the footprint of applicant's existing principal residence. BOARD FINDINGS: In considering this application, the Board has reviewed the requirements set forth pursuant to Article III, Section 100-318-13 for the Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment is located within the footprint of applicant's dwelling. 1 2. The Accessory Apartmentis subject to a Certificate of Compliance issued by the Town Building Inspector with respect to all other rules and regulations pertaining to occupancy, as well as the New York State and local Building and Fire Codes. 3, Ms. Maryellen. Whittet Thomson, the applicant herein, has through .her attorney submitted a copy of her current deed indicating that she is owner of this property. The deed was recorded April 7, 1969 in the Office of the Suffolk County Oerk. The owner of the existing dwelling plans to continue occupancy of one of the dwelling units as her prindpal residence. 4. Applicant has submitted the following information with regard to floor area: (a) the existing prin~pcll bUUdinQC9ntaipsa. total of 2'~~psq.ft.; . (b) the Accessory Apartmel"lt, presently 6c+uPied pUl'Su~n~.'~'. a. wrjttE!r.Memoranl1ltl~.9f l~se,ls 712.sct, ft.;. ... (C).. ttleAamai@j~g aFl~ for ~,Q~o.er:'s,~Jl1IeJl<!e i~.~,4~8sq...ft. With~#Q3S+",i<f:l..ft.dow(l~1I'Sand406 sq, ft. tlp$t!ail'S. ~z'<.';'r'Y4i,~:~",},~~~",~'[!t,K"rt., . ")j!W!!t<;< ';:i"~r>J~f~'f\/!":f!!7,;;"i'!/ ,\ ... '. '\yY ?(/i'l"" 5. The Accessory Apclltment me.ets the code required 45(!) minimum livable area and contains 712 sq. ft. of livable floor area. ~_.__._-_._---_.....~ ._".._~----- , _ , J. ~ . Page 3 - September 30, 1999 ZBA Appl.No.4742 (Thomson) Parcel 1000-128-2-3 at Laurel F. That all proposed structures, equipment andlTlaterialshallbe readily accessible for fire and police protection. RESOLUTION/ACTION: On motion by ~1emberDinizio, seconded by Member Tdrtora,it was RESOLVED, to GRANT the Special Exception for an Accessory Aparthleht as applied for, pursuant to the Conditions of the Code liste.d at Sectionl00"31B(13). VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZI This Reso.lutioO\^fas .duly adopted (5-0).