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HomeMy WebLinkAboutZBA-07/01/1999 SPEC APPEALS BOARD MEMBERS OSUFFDI/r Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road = James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins y �� RECEIVE DB 51MBDAY George Horning ��1 t ��O THE SOUTIt (T Pf 0ft � BOARD OF APPEALS DATE '7 l a% 9 p HOUR TOWN OF SOUTHOLDC2��-4- MINUTES Town Clerk, Town of Southold TUESDAY, JULY 1, 1999 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 TUESDAY, JULY 1, 1999 commencing at 6:25 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. 6:25 p.m. Chairman Goehringer called the meeting to order. I. SEQRA REVIEWS: Mattituck Library P.B. Coordination Letter: Board Members briefly discussed the recent Special Exception application submitted for review by the Mattituck Library. It was noted that the hearing would be calendared for the August 18, 1999 meeting, pending receipt of a possible Notice of Disapproval and variance documentation for a side yard reduction. Reviews are still pending. II. PUBLIC HEARINGS (none). 6:32 p.m. III. DELIBERATIONS/DECISIONS: The Board deliberated and rendered decisions for the following applications (copies of the originals filed with the Town Clerk's Office are attached as though fully incorporated into this set of Minutes): Appl. No. 4687 - PRISCILLA STEELE. Lot waiver approved. Appl. No. 4696 - GEORGE AND EILEEN MCGOUGH. Approved with condition. Appl. No. 4697 - FRED MILNER. Denial and Grant of Alt. Relief. Appl. No. 4703 - MIKE MORRISON. Approved with condition. Appl. No. 4707 - NANCY WELLIN. Lot waiver approved. Appl. No. 4704 - JAMES HUNTER. Approved. Appl. No. 4705 - RAYMOND MITCHELL. Denial and Grant of Alt. Relief. Appl. No. 4706 - RICHARD BRIGGMANN. Approved as applied. Page 2— Minutes Special Meeting of July 1, 1999 Southold Town Board of Appeals Appl. No. 4709 -THOMAS.LOSEE. Approved with conditions. Appl. No. 4711 - CURTIS DAVIDS. Approved. - Appl. No. 4712 - HENRY AND LINDA KOZEN. Approved. IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES: A. RESOLUTION TO REOPEN Appl. No. 4674 — LIEB CELLARS. Letter from A. Wickham, Esq. requesting that the Board consider a request for an Interpretation and adopt a Resolution during the Moratorium. Application is for building width along a street in an LB Zone. The Board Members discussed Ms. Wickham's request at length. It was agreed that the Members would discuss questions regarding authority under the moratorium with the Town Attorney, and the following Resolution was adopted: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED,to authorize advertisement of the following request before the Board: 7:40 p.m. Appl. No. 4708 - LIEB CELLARS. This is a request for an Interpretation under Article VIII, Section 100-83C which states: A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. Applicant proposes to construct a winery on this corner lot with two road frontages (at intersection with Middle Road a/k/a C.R. 48) and requests the Board to interpret whether or not the proposed winery building is required to have sixty (60) linear feet of frontage on one (1) street or on two road frontages, as determined by the Building Department's May 7, 1999 Notice of Disapproval. Site Address: 35 Cox Neck Lane, Mattituck; Parcel,1000-121-6-1. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning was absent at this time.) This Resolution was duly adopted (4-0))• B. Code Committee Session regarding greenhouses held 6/30 was confirmed. C. Inspections - 20 sites. D. Discussion regarding incomplete submissions at deadline for advertisement. It was agreed that applications that were pending receipt of a filing fee or initial submissions would be carried over, without advertising for the current hearing calendar. V. EXECUTIVE SESSION was not held. VI. RESOLUTION. Chairman Goehringer added the following RESOLUTION in the Matter of Appl. No. 4686 - A. Paliouras, as follows: APPEALS BOARD MEMBERS O��SUFFO(�CO Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman 1 James Dinizio, Jr. N - P.O. Box 1179 Lydia A. Tortora U • Southold, New York 11971 Lora S. Collins 4% ZBA Fax (516)765-9064 George Horning Ol �� Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,.DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 l Appl. No.. 4706 - RICHARD BRIGGMANN PROPERTY LOCATION: 272 Breakwater Road, Mattituck 1000-113-3-7.4 DATE'OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 57,914.40 sq. ft. with 25 ft. frontage along a private right-of-way which extends off the easterly side of Luthers Road in Mattituck. The dimensions of the property are approximately 177 by 328 ft. The property is improved with a single-family, two-story frame dwelling, "as built' foundation for the addition, and an accessory above ground pool with fence enclosure. BASIS OF APPLICATION: Building Inspector's April 27, 1999 Notice of Disapproval citing Article III, Section 100-30A.3 with respect to the requirements of the Bulk Schedule, for an insufficient rear yard of the "as built"foundation at less than the code requirement of 50 feet. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built"foundation for a proposed addition to the existing dwelling. The dimensions of the "as built" foundation are shown on the April 1, 1999 survey prepared by Kenneth M. Woychuk, L.S. at 25' X 25.2' and the setback is 46.5 feet from the rear property line at its closest point. ADDITIONAL INFORMATION: On March 16, 1999 Building Permit #25602-Z was issued for new additions, and the record shows that a survey was not required with the building permit application at the time. 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 because the relief is for a 3.5 ft. section at the north end of the proposed addition, which is minimal. 2. The benefit sought by applicant cannot be achieved by some method, feasible-for appellant to pursue, i other than an area variance because a major portion (94%) of the foundation conforms to the required rear yard setback. 3. The requested area variance is not substantial because 94% or more of the proposed addition will conform to the setback requirement: 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 -July 1, 1999 ZBA Appl. No. 4706- R. Briggmann Parcel 1000-113-3-7.4 at Mattituck environmental conditions in the neighborhood or district. 5. The 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 Dinizio, seconded by Member Horning, it was 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. ERARD P. GOEHRINGE , CHAI AN APPEALS BOARD MEMBERS` O��SVFFO(�CO Southold Town Hall ti� G Gerard P. Goehringer, Chairman y 53095 Main Road= 1 James Dinizio, Jr. y P.O. Box 1179 Lydia A.Tortora X • Southold, New York 11971 Lora S. Collins ZBA Fax(516)765-9064 George Horning l �� Telephone (516) 765-1809 BOARD OF.APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4711 - CURTIS DAVIDS 1000:33 Z-48 STREET& LOCALITY: 215 Green Hill Lane, Eastern Shores Lot 123, Greenport DATE OF PUBLIC HEARING: June 24; 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 19,500+- sq. ft. in area with 150 ft. frontage along the westerly side of Green Hill Lane. The lot is known as Lot 123 on the Map of Eastern Shores and is improved with a single-family dwelling situated 54 feet from the front property line and 38 feet from the rear property line. BASIS OF APPLICATION: Building Inspector's May 24, 1999 Notice of Disapproval, stating that the 35-foot rear yard setback required under Code Section 100-244 will be violated by applicant's proposed deck with A 28 ft. setback from the rear property line. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a-10 ft. extension of the existing deck addition. The extended part of the deck is 10 ft. by 20 ft., leaving a 28 ft. rear yard setback at its closest point. (This May 24, 1999 Notice contains no other reasons for disapproval requiring a variance.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection,the Board makes the following findings: 1) Applicant's house has a small rear porch 10 feet deep that applicant wishes to expand to a deck 20 feet deep. The house has a front yard setback of 54 feet, which is substantially greater than the Code requires (35.feet). Consequently, the rear yard is relatively shallow and a rear yard setback variance is needed for a deck of reasonable size. 2) Grant of a variance authorizing construction of an open deck will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the deck will be consistent with neighborhood character and will be well shielded from the neighbors. 3) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. 4) The grant of the relief set forth below is 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. RESOLUTION/ACTION: On motion by Member Collins,seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, subject to the CONDITION that the deck shall remain Page 2-July 1, 1999 ZBA Appl. No. 4711 - Curtis Davias Parcel 1000-33-2-48 at Greenport open to the sky. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. GERARD P. GOEHRIN ER, CHAI AN APPEALS BOARD MEMBERS' SVFFO(�CO Southold Town Hall ti� Gy Gerard P. Goehringer, Chairman 53095 Main Road� � James Dinizio,Jr. y .c P.O. Box 1179 Lydia A.Tortora 0-1n=, Southold New York 11971 • � Lora S. Collins 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 JULY 1, 1999 Appl. No. 4704 -JAMES AND LORI HUNTER PROPERTY LOCATION: 11227 Soundview Avenue, Southold 1000-54-6-2.6 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a total lot area of 45,389.57 sq. ft. The property is located along a private right-of-way which extends 443 ft. from the south side of Sound View Avenue at Southold and is improved with a 1-1/2 story frame house with.attached garage and wood deck, and accessory frame 12.2' by 16.2'storage shed located 47.5'from the westerly front property line and 55' from the easterly property line. The September 24, 1997 J. Ingegno survey also shows.a 23.9' by 30 foundation located 42 ft. from the westerly property line and 15' from the easterly property line. The "as built" 20' by 40' inground swimming pool is shown to be partly in the rear yard located 23+- feet from the easterly property line. BASIS OF APPLICATION: Building Inspector's April 22, 1999 Notice of Disapproval citing Article III, Section 100-33 of the Zoning Code with respect to its location partly in a side yard (and partly in the rear yard). (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an"as built" location of an inground swimming pool located near the southeasterly corner of a wooden deck addition of the dwelling. The location is shown to be partly in a side yard and partly in a rear yard. 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 because the inground swimming pool is located on a well landscaped wooded lot approximately 94 ft. from the private right-of way and 33 ft. from the nearest (rear yard) property line. It will not be visible from either the right-of way or nearby properties. 2. . The benefit sought by applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicants property is a large irregular-shaped triangle with a limited rear yard area to locate the swimming pool. 3. The requested area variance is not substantial because only half of the swimming pool will be.located in the side yard. The remaining half of the pool will be located in the conforming rear yard area. 4. The difficulty-has been self-created. 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 lot is large and the pool location is well buffered Page 2 -July 1, 1999 ZBA Appl. No. 4705 -J. and L. bunter Parcel 1000-54-6-2.6 at Southold from nearby properties. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate for the applicants to enjoy the benefit'of a new inground swimming pool, and that grant of such relief will 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 Horning, it was RESOLVED, to GRANT the variance, as applied for. VOTE .OF THE BOARD: AYES:- GOEHRINGER, DINIZI TORA, COLLINS, AND HORNING. This Resolution was duly adopted (5-0). -GERARD P. GOEHRINGE , CHAIRM For Filing about 7/7/99 APPEALS BOARD MEMBERS O SUFFO(� �O C� Southold Town Hall Gerard P. Goehringer, Chairman =� Gy1 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 l �� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4712 - HENRY and LINDA KOZEN Property Location: 1520 Donna Drive at intersection with Theresa Drive, Mattituck; 1000-115-15-14; Lot#33, Map of Deep Hole Creek Estates DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a total lot area of 24,300+- sq. ft. with three street frontages: 170.94 ft. along Theresa Drive, 246.54+- feet along Theresa Drive and 200 ft. along Donna Drive, Mattituck. The property is improved with a one-family, one-story frame dwelling situated 75+- ft. from Theresa Drive and 42 ft. from Donna Drive at its closest points. The property is a corner lot with three front yards, with the remaining yard on the north side of the house as the rear yard. BASIS OF APPLICATION: Building Inspector's May 6, 1999 Notice of Disapproval citing Article III, Section 100-33 with regard to the location of a storage building in a front yard, and Article XXIII, Section 100-231 with regard to proposed fence height above four feet in a front yard area. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate (a) a 12' x 12' accessory storage shed to be located at 15+- (applicant's notation states 4' within fence line); (b) new fence enclosure with gates at a maximum height of 6 ft. 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 for the reason that applicant's very small rear yard is the neighbor's side yard. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the code does not provide for a feasible rear yard area after designating three yard areas as front yards. 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. 5. The difficulty has not been self-created and is due to conflicting provisions in the Town Code (creation of three front yards). 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 accessory storage shed and fence enclosure for their 1 Page 2-July 1, 1999 ZBA Appl. No. 4712- H. &L. Kozen Parcel 1000-115-15-14 at Mattituck pets, while preserving and protecting 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 variances, as applied for. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORT COLL and ,HORNING. This Resolution was duly adopted (5-0). GERARD P. GOEHRINtER, CHA MAN For Filing 7/6/99 . APPEALS BOARD MEMBERS gUFFO(,� Southold Town Hall �� Gy Gerard P. Goehringer, Chairman � 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 Lydia A. Tortora -- • Southold, New York 11971 Lora S. Collins ZBA Fax(516)765-9064 George Horning l �� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4709 -THOMAS LOSEE STREET& LOCALITY: 7425 Nassau Point Road, Cutchogue 1000-118-4-2 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 39043 sq. ft. with 101.05 ft. frontage along the easterly side of Nassau Point Road and lot depth of 403.88 ft. (and 387.51 ft. var.). The property is improved with a single-family dwelling with the"as built"deck and accessory stairs to the bulkhead and Little Peconic Bay beach. BASIS OF APPLICATION: Building Inspector's May 4, 1999 Notice of Disapproval citing Article XXIII, Section 100-230.4E of the Zoning Code in applicant's request for a building permit for an "as built" deck addition with an insufficient setback from the bulkhead. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built" setback location of an open deck addition at the rear of the existing dwelling. The March 23, 1999 survey map prepared by Lothar K..Reissig, L.S. shows a setback at 61+-feet from the bulkhead at its closest point. The deck is 17.3 ft. by 25.5 ft. wide plus a small deck connecting the same to the house. The deck area appears to be about 7 inches above average grade (ground). 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 d-triment to nearby properties because the 357 sq. ft. area of the deck which requires a variance is not obtrusive, elevated only 12+- inches above grade and causes no obstruction of view from neighboring properties. The deck is open to the sky, rather than a fully enclosed addition. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the dwelling in its present location was built more than 28 years ago. A deck conforming to the 75 ft. code requirement would be too small to be satisfactorily utilized, and if the deck were relocated to the front of the house,there would be no benefit of waterviews. 3. The requested area variance is not substantial and represents a 18.6 percent reduction from the code's 75 ft. setback requirement. 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. Such a deck improvement would cause no disturbance to the bluff or bulkhead and is'situated on stable ground. 5. The difficulty has not been self-created. Page 2-July 1, 1999 ZBA Appl. No. 4709-T. Losee Parcel 1000-118-4-2 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. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, subject to the FOLLOWING CONDITION: The deck shall not be enlarged or expanded closer toward the bulkhead, nor improved by a roof. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZ10, TORTORA, HORNING, COLLINS. THIS RESOLUTION WAS DULY ADOPTED BY UNANIMOUS (5-0)VOTE.OF ARD. GERARD P. GOEH RINGER, HAIRM ANIEALS BOARD MEMBERS O��SVFFO(�CO Southold Town Hall Gerard P. Goehringer, Chairman ti� Gy 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora Southold, New York 11971 ZBA Fax 516 765-9064 George Horning Lora S. Collins y?'O� a4� Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4696 - GEORGE AND EILEEN MCGOUGH STRUET & LOCALITY: 4065 Orchard Street, Orient. 1000-27-2-2.7 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is vacant land consisting of 5 acres with 386 ft. frontage along Orchard Street and an average lot depth of 565+- sq. ft. BASIS OF APPLICATION: Building Inspector's February 26, 1999 Notice of Disapproval citing Article III, Section 100- 33 of the Zoning Code for the reason that the proposed accessory garage would be placed in an area other than the required rear yard. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate a proposed 14 ft. by 42 ft. accessory garage building in a yard area (approximately 300 feet from the front.property line). By letter from their agent dated April 14, 1999, applicants stated that the originally proposed second floor of the garage has been entirely deleted; applicants' agent testified that the building is to be 15 feet high and without a bath. Thus, applicants are not appealing the Building Inspector's additional Notice of Disapproval dated February 26, 1999, which stated that the garage would be considered a second dwelling because its second floor proposed a bath and finished space. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, material submitted and personal inspection, the Board makes the following findings: (1) Applicants are in the process of building a single-family home on a 5-acre lot. The. house is set back the required minimum 75 feet from the northeast and northwest property lines. According to testimony, this location was selected so as to maximize the distance from neighbors and the road. This results in a front yard setback of approximately 400 feet from Orchard Street. (2) According to testimony, the proposed garage location in front of the house was selected to enable applicants (a) to have a sheltered south-facing area where a lawn can be developed, and (b) to install south-facing photovoltaic cells on the garage roof. Although the rear yard could accommodate a garage;applicants have developed an overall site concept that puts the garage in the front yard, and this requires a variance. (3) The parcel is sufficiently large, and the house and proposed garage are located sufficiently far from Orchard Street and neighboring houses,that.applicants'intended configuration Page 2-July 1, 1999 ZBA Appl. No. 4696-G. and E. Mcuough Parcel 1000-27-2-2.7 at Orient of the buildings -- with the garage in front of the house -- will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (5) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct a house and garage in the desired configuration while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for, to locate garage in the proposed front yard area which, in accordance with testimony presented regarding applicants' revised plans, shall be one-story in height.with storage above and shall have no bathroom. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZI ORA, COLLINS, AND HORNING. This Resolution was duly adopted (5-0). ERARD P. GOEHRINGER, CHAIR N APPEALS BOARD MEMBERS S�FFO(,� C� Southold Town Hall tip` Gy Gerard P. Goehringer, Chairman 53095 Main Road� 1 James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora • Southold, New York 11971 Lora S. Collins ZBA Fax(516) 765-9064 George Horning l �� Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4697 - FRED MILNER PROPERTY LOCATION: 870 Bray Ave, Laurel 1000-126-1-15 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 7,50.0 sq. ft. with 50 ft. frontage along the west side of Bray Avenue and lot depth of 150 feet, at Laurel. BASIS OF APPLICATION: Building Inspector's April 6,-1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with respect to "as built"deck additions and swimming pool: (b) proposed lot coverage in excess of 20% code limitation; (b) minimum side yard at less than 10 feet on one side; (3) total side yards at less than 25 for both sides; (4) minimum rear yard at less than 35 feet. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: .Applicant requests Variances authorizing ''as built" deck additions and above-ground swimming pool with deck in present locations and with lot coverage in excess of code limitations. The pool is 16' in diameter. The side deck extends 6 ft. into the side yard with a 5 feet setback at its closest point. ADDITIONAL INFORMATION: Building Permit #19877Z was issued May 17, '1991 for 325+- sq. ft. open deck addition and second floor to existing dwelling. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented and material submitted and personal inspection, the Board makes the following findings: (1) Building Permits were issued in 1986 (#15186Z) and 1991 (#19877Z) for additions to the house. After completion of the work authorized by these Permits, the lot coverage was 1416 sq. ft. or '18.9%, including a 92 sq. ft. -shed. - In approximately 1991, the following were constructed without a Building Permit: (1) deck attached to rear of house (200 sq. ft.); (2) deck connecting first deck to deck adjacent to pool (152 sq. ft.); (3) deck adjacent to pool (70 sq. ft.); (4) above-ground pool (200 sq. ft.) connected to the house by the three levels of open deck. 'The Board accepts applicant's statement that deck (2) is at grade; thus, lot coverage after the 1991 additions is 1886 sq. ft. or 25.1% (vs. 2038 sq. ft. or 27.2% including deck (2). Page 2 -July 1, 1999 ZBA Appl. No. 4697- F. Milner Parcel 1000-126-1-15 at Laurel (2) Because the pool and adjacent deck (3 above) are connected to the house by other decks, the setback requirements applicable to these structures are those for side and rear yards. The northerly side setbacK from the pool and rear setback from deck (3) are less than the required minimums. (3) The neighborhood is characterized by small lots and is densely built. The requested variance for 25.1% lot coverage, compared with 20% allowable, is very substantial, and grant of the variance would authorize an excessive degree of lot coverage to the detriment of the neighborhood. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowdedness, the Board concludes that 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 the amount of excess lot coverage is limited. (4) If the pool and adjacent deck (3) are removed, lot coverage will be reduced from 1886 sq. ft. or 25.1% to 1616 sq. ft. or 21.5%, and the north side and rear yard setbacks will satisfy the required minimums so that no variances will be needed for.them. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to enjoy the benefits of deck areas at the rear of his house while preserving and protecting the character of the neighborhood and the health, safety and. welfare of the community. RESOLUTION/ACTION: On Motion by Member Collins, seconded by Member Horning, it was RESOLVED, (1) to GRANT the requested variance.authorizing a setback of 5 feet from the southerly side property line for the deck attached to the rear of the house; (2) to DENY the other relief requested; and (3) to GRANT ALTERNATIVELY variances authorizing (a) a combined sideyard setback of 16.1 feet (5 feet on the south and 11.1 feet on the north) and (b) total lot coverage of 1616 sq. ft. or 21.5%, riot counting deck(2) which Page 3 -July 1, 1999 ZBA Appl. No. 4697- F. Milner Parcel 1000-126-1-15 at Laurel measures 152 sq. ft. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, COLLINS. NAY: MEMBER DINIZIO. This Resolution was duly ADOPTED (4-1). ,•--GERARD P. GOEHRINGE CHAIRMAN AFT ZALS BOARD MEMBERS SUFFO(�- 0 C� Southold Town Hall Gerard P. Goehringer, Chairman �� Gym 53095 Main Road James Dinizio, Jr. COOP.O. Box 1179 Lydia A.Tortora %o _ Southold, New York 11971 ZBA Fax 516 765-9064 George Horning Lora S. Collins dip! �.a�� Telephone(516)765-1809 [ BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4705 - RAYMOND MITCHEL STREET & LOCALITY: 1875 Hiawathas Path, Southold 1000-78-3-60 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 21,000+- . sq. with 140 ft. frontage along the west side of Hiawathas Path, and average lot depth of approximately 150 feet,-at Laughing Waters, Southold. The property is improved with a single- family, one-story frame dwelling and accessory frame garage. BASIS OF APPLICATION: Building Inspector's January 5, 1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with respect to a front yard setback at less that the Code requirement of 35 ft. and less than the existing nonconforming setback of 23.3 ft. at its closest point. (This Notice contains no other reasons for disapprovals requiring a variance.) AREA VARIANCE RELIEF REQUESTED: Applicant requests .a Variance to locate a.roofed front porch addition as part of renovations to their house, such porch to be 8 feet deep with its front edge located 15.3 feet from the front property line at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, material submitted and personal inspection,the Board makes the following findings: (1) A survey by Barrett, Bonacci, Hyman and Van Weele, P.C. dated December 16, 1992 shows the house to be set back 23.3 feet from the front property line at the closest point. Because the lot contains over 20,000 sq. ft., a setback of 40 feet from the front property line is required under Code Section 100-244. (2) Neighboring houses appear to have front yard setbacks appreciably greater than that of applicant's house. (3) Applicant has determined the desired look of the renovations, and drawings have been prepared showing a covered-front porch as integral to the design. (4). Applicant's renovation'plans,include widening the front facade by filling in the southwest corner of the house, adding a second floor, and adding an 8-foot-deep covered porch. Although applicant's house is already much closer to the front property line than the Code allows, the proposed'expansion can.be accomplished within the existing setback, except for the porch; Page 2-July 1, 1999 zBA Appl. No.4705 - R. Mitchel Parcel 1000-78-3-60 at Southold applicant must obtain a front yard setback variance in order to add a porch of any depth. The proposed renovations will substantially increase the bulk of the house when viewed from the street. The Board concludes that the requested-reduction of the already nonconforming setback, in the context of renovations that make the house wider and taller, is inconsistent with neighborhood character and a detriment to nearby properties. The Board has therefore decided to grant alternative relief. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to enjoy the benefits of the proposed renovations while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED,to DENY the variance applied for and to GRANT ALTERNATIVELY a variance authorizing a front yard setback of no less than 19 feet from the front property line at the closest point. VOTE OF THE BOARD: AYES: Goehringer, D' ' io,To , Coll' , an i g. This Resolution was duly adopted (5-0). i ERARD P. GOEHRINGER, CHAIR N For Filing about 7/7/99 r APPEALS BOARD MEMBERS , O�OSVfF(it �COG Southold Town Hall Gerard P. Goehringer, Chairman =� y� 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 Lydia A.Tortora O • Southold, New York 11971 Lora S. Collins 516 Fax 765-9064 y �� ZBA ( ) George Horning l �a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF 3ULY 1, 1999 Appl. No. 4703 - MIKE MORRISON STREET&LOCALITY: 55 Pequash Avenue, Cutchogue 1000-102-3-7 DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 16,143 sq. with 99.86 ft. frontage along the Main Road and 153.90 ft. along Fleet's Neck Road (a/k/a Pequash Avenue) at Cutchogue. The property is improved with a single-family 2-1/2 story frame house with deck and 1-1/.2 story barn/garage. BASIS OF APPLICATION: Building Inspector's April 20, 1999 Notice of Disapproval citing Article IIIA, Section 100-30A.4 of the Zoning Code with respect to a location of a proposed swimming pool in one of the lot's two front yards. The code requires a rear yard location with a minimum rear setback of three feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a proposed 14 ft. by 28 ft. in- ground swimming pool with fence enclosure to be located in the southwest yard area. No raised decking or raised patio area is proposed. The setback of the pool construction is proposed at approximately 18 feet from the south front property line at its closest point. No raised deck or patio areas are proposed in this application. ADDITIONAL INFORMATION AND EVIDENCE: Along the front property line of Fleet's Neck Road, on applicant's property,are a continuous row of hedges which screens yard areas from view. 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 applied will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed location of accessory pool is at least 80 feet.from the intersection of Main Road (Route 2-5) and Fleet's Neck Road (a/k/a Pequash Avenue). Although the proposed pool would be set back a minimum of 15 feet from the westerly property line (along Fleet's Neck Road), the pool will be screened from this road by privet hedges existing along the boundary. 2. The benefit sought by applicant cannot be achieved by some method,feasible for appellant to pursue, other than an area variance because there are septic systems and large mature trees existing in the rear yard that prevent the location for a pool there. 3. The requested variance is not substantial because applicant's need for a variance is created by the fact that the property has frontage along two roads (two front yards), and applicant's request conforms to code requirements with regard to setback from Main Road (State Route 25). 4. There is no evidence that grant of the variance will have an adverse effector impact on the physical or environmental conditions in the neighborhood or district. Page 2-July 1, 1999 ZBA Appl. No. 4703 - M. Morriso,, - Parcel 1000-102-3-7 5. The 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 swimming pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio,seconded by Lora Collins, it was RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITION: Screening over 4 ft. height along the westerly front yard area is required and shall be maintained, except for the first 30 feet from the intersection which is restricted to a code height limitation of 30 inches. VOTE OF THE BOARD: AYES: DINIZIO,.TORTORA, COLLINS, HOR AY: and Go rin er. This Resolution was duly adopted (4-1). GERARD P . OEHRINGER , 11AIRMAN For Filing about 7/7/99 APF2ALS BOARD MEMBERS , O OfFO4 �O C� Southold Town Hall Gerard P. Goehringer, Chairman h� Gy 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 Lydia A. Tortora %O Southold, New York 11971 ZBA Fax 516 765-9064 Lora S. Collins y� George Horning C• �.a4� Telephone (516)765-1809 c BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4687 — PRISCILLA STEELE 1000-114-6-5 (adjoins Lot 3) STREET & LOCALITY: 275 Village Lane, Mattituck. DATE OF PUBLIC HEARING: May 20, 1999 and June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located on the westerly side of . Village Lane in Mattituck. A survey dated November 21, 1999 shows this lot with 121.07 ft. frontage along the easterly side of Village Lane and an average lot depth of 177 feet. The lot area is approximately 21,635 sq. ft. and the barn shown on the 1977 survey has since been removed. The remaining lot (3) is approximately 3/4 of an acre with 100+- ft. frontage along the northerly side of the Main Road in Mattituck. The easterly property runs 431 ft., the northerly line 45A., and the westerly line 447 ft. The land enjoys a slight rise from Main Road to the existing.house location. The balance of the rear yard is level with mature trees and specimen plantings. There is a driveway from the Main Road to the existing two-car garage. The house is a two-story.dwelling with preexisting two-family use. BASIS OF APPEAL: Building Inspector's March 22, 1999 Notice of Disapproval which reads as follows: "Under Article II, Section 100-25A a non-conforming lot shall merge with an adjacent non- conforming lot which has been held in common ownership at any time since July 1, 1983. The above referenced lot is one half (.5) acre. The adjacent lot, (Tax Map #1000-114-06-03) has an area of seven-tenths (.7) Acre and has. been decreed to have the same ownership since May 3, 1996. The lots have been merged. Section 100-25C(4) Exceptions. This lot is on the maps described in former Section 100-12 but has not been in single-and-separate ownership since January 1, 1997. Under Article II, Section 100-25E. Effect of Merger. No building permit will be issued by the Town until this section has been complied with." RELIEF REQUESTED BY APPLICANT: Applicant Priscilla Tandy Steele requests a waiver pursuant to Section 100-26 of the Code for the lot identified as SCTM 1000-114-6-5 (275 Village Lane, Mattituck). The lot contains approximately 0.5 acre according to the Building Inspector Notice of Disapproval dated March 22, 1999; this measurement is confirmed by a survey by R. Van Tuyl dated November 22; 1977. The adjacent lot, with which the subject lot is merged, is identified as SCTM 1000-114-6-3, facing on Main Road; it contains approximately 0.7 acre and is improved with a single-family home. ADDITIONAL INFORMATION: Page 2 -July 1. 1999 Appl.-No. 4687-P. Stccic(10t)tY '-0-5) Southold Town Board of Appcal A letter of value from Thomas J. Uhlinger, real estate broker, has been submitted providing an overall market value of.$43,000 for the vacant lot on Village Lane. A letter of value was also submitted from Thomas J. Uhlinger, real estate broker, providing a fair market value of $239,000 for this house lot. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: 1. The applicant bought the subject lot in November 1977. In November 1979, she acquired sole ownership of the adjacent improved lot from her mother, with whom she had shared ownership. Applicant now wishes to place the subject lot in joint ownership with . her daughter, in contemplation of her daughter possibly building a home on the lot in the future. 2. Evidence was presented indicating that in 1983, at the time of the upzoning in the Town of Southold, the applicant and her attorney were aware of the possibility of merger as a result of the upzoning and that they took the step of obtaining a vacant land CO in hopes of avoiding such a merger. 3. The subject lot is treated physically as a separate property and not as part of the adjacent improved lot. Merged, the lot is of no value to applicant. 4. Waiver of the merger will not result in a significant increase in the density of the neighborhood because it will result in, at most, the construction of one single-family home. S. The nearby lots on Village Lane are similar in size to the subject lot, so that waiver will recognize a lot that is consistent with properties in the neighborhood.- Waiver will recognize the lot lines set forth in the deed conveying the lot from Baxter to.Steele in 1977. 6. If merger is not waived, applicant's daughter can build a house in Southold Town:only if she, or applicant, purchases a building lot; waiver of merger will avoid this economic burden. 7. The subject is generally flat, and future construction on it should require no significant change in the natural details, character, and contours of the land. RESOLUTION/ACTION: Accordingly, on motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the waiver requested. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora . Collins nd Horning. This Resolution was duly adopted (5-0). t �GERARD P. GOEHRIN , CHAIR AN For Filing about 7/7/99 APPEALS BOARD MEMBERS �O�OSUFF04COG Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road James Dinizio, Jr. y P.O. Box 1179. Lydia A.Tortora nZi Southold New York 11971 �� • � Lora S. Collins ,y �� 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 JULY 11 1999 Appl. No. 4707 - NANCY WELLIN STREET & LOCALITY: 200 Brower Road (a/k/a 1145 Grand Avenue), Mattituck 1000-107-8-37 (adj. 1000-107-8-8) - DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant corner lot and consists of a total lot area of 33,750 sq. ft. with 150 ft. frontage along the north side of Brower Road and 225 ft. frontage along the west side of Grand Avenue, Mattituck. Adjoining this lot to the west is a 125 ft. by 150 ft. lot acquired in the name of the applicant, Nancy Wellin, from the Suffolk County National Bank October 7, 1998 at Liber 11931 cp 800. BASIS OF APPLICATION: Building Inspector's April 29, 1999 Notice of Disapproval disapproving an application for a building permit under Article II, Section 100-25A of the Zoning Code, for the reason that: `Pursuant to Article II, Section 100-25A, a non-conforming lot shall merge with an adjacent conforming or non-conforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. It has been determined that.the subject lot has merged pursuant to above section with lot at SCTM #1000-107-8-32. (No. other section of the Code or variance relief is noted in this Notice of Disapproval.) RELIEF REQUESTED: �Applicant requests a Lot Waiver under Article II, Section 100-26 regarding 1145 Grand Avenue, Mattituck. INFORMATION AND EVIDENCE: 1. Lot 37 is a vacant parcel consisting of approximately 33,750 sq. ft. located on the northwest corner of Grand Avenue and Brower Road. The adjoining lot, #32 is a vacant lot consisting of 18,750 sq. ft. located on the corner of Brower Road and Mayflower Road. 2. Both lots are located in an R-40 (40,000 sq. ft. minimum) zoning district. However, with the exception of the lot immediately to the north of Lot 37, most of the lots between Grand Avenue and Mayflower Road are nonconforming in size and average approximately 15,000 sq. ft. 3. The combined area of both lots as merged is 52,500 sq. ft. Page 2 -July 1, 1999 ZBA Appl. No. 4707- N.Wellin Parcel 1000-107-8-37 at Mattituck 4.. If waiver of merger is granted, Lot 37 would be approximately twice as large as the average lot size in the area, and Lot 32 would be similar in size to other lots in the immediate neighborhood. 5. The April 13, 1999 search prepared by Commonwealth Land Title Insurance Company certifies that: a) Lot 37 was created by deed May 14, 1952 together with other land at Liber 3352 page 363. b) The north and south sections of Lot 37 were conveyed by deed on January 8, 1954 and January 10, 1961, respectively, from Mason to Mary Anna. Smith. c) Lot 37 was conveyed November 13, 1998 from the Suffolk County National Bank as Executor of the Estate of Maryann Smith deceased, to Nancy Lee Wellin. 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 not result in a significant increase in the density.of the neighborhood because the potential addition of a single-family on one lot:could not create a significant increase in neighborhood density. 2) The waiver will recognize a lot that is consistent with the size of lots in the neighborhood. Most of the lots in the area are improved with single-family residences on lots similar in size, and / or smaller than the two lots that would be recognized by this waiver of merger. 3) No adverse environmental conditions are anticipated that would require change,or alterations in contours or slopes. Nor will substantial filling be required because the land is flat and not located within an environmentally sensitive wetland zone. Accordingly, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to approve the Lot Waiver, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGE INIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was duly adopted (5-0 /L_' GERARD P. GOE14RINGER, CHAI AN For Filing about 7/6/99 Page 3 Minutes Special Meeting of July 1, 1999 Southold Town Board of Appeals Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, confirming that the June 7, 1999 Resolution is hereby NULL and VOID in its entirety, until after the moratorium (which was adopted on September 8, 1998 for a 9-month period and extended by Local Law No. 5 adopted June 8, 1999 Meeting for a 90-day period from the.date of filing with the N.Y.S. Secretary of State). VOTE OF THE BOARD: Ayes: Goehringer,Tortora, Collins, and Horning. (Member Dinizio abstained.) This Resolution was duly adopted (4-0). Member Horning left at approximately 8:25 p.m.. REQUEST FOR POSSIBLE REFUND: A request was submitted by Patricia Moore, Esq., attorney for the new owner (Shady Lady at Greenport). A ZBA staff report was prepared indicating the time and expenditures during 1998 for Appl.. No. 4589 - Richard Sledjeski; owner The staff report also indicated that the application was voluntarily filed by the attorney - after the office staff suggested that Mrs. Moore send a letter asking whether or not an application was necessary. Mrs. Moore decided to ask the ZBA to file and to fully process the application instead of sending a letter. Mrs. Moore said Ed Forrester, head of the Building Department told her it was his opinion that Interpretations and/or Special Exceptions were in the province of the ZBA. The property is Zoned LB Limited Business. It was determined that no refund was due. A determination was rendered by the Board August 13, 1998 and filed with the Town Clerk for permanent recordkeeping. There being no other business at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 8:42 p.m. Respectfully submitted, L nda Kowalski 7/,4 /2�} Board Secretary G Deci on ache . 2•. �Aooroved - 7/22/99 Resolu ' n