Loading...
HomeMy WebLinkAboutZBA-03/02/1994 (1 t R APPEALS BOARD MEMBERS Gerard P.Goehringer, Chairman Serge Doyen,Jr. w Town Hall, 53095 Main Road James Dinizio,Jr. oy �� P.O.Box 1179 Robert A.Villa 0,( ��® Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD Mgt I N- U T E S WEDNESDAY, MARCH 2, 1994 REGULAR MEETING 7:15 p.m. Work Session (Reviews only. - No action taken) 7:30. p.m. Call to: Order by Chairman Regular Session A Regular Meeting was held by the Southold- Town Board of Appeals on WEDN€SDAY, MARCH 2, 1994 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present-wer_e: Gerard P. Goehringer, Chairman]Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Laury Dowd, Town Attorney Linda Kowalski, ZBA Clerk-Secretary I. The following matters were held for PUBLIC HEARINGS: 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. The applicants appeared in behalf of their application. (No opposition was' received during the public hearing. ) Several photographs were shown to the Board Members by Mr. Kriss and returned during the hearing. (Please also see verbatim transcript prepared under separate cover and filed simultaneously with these Minutes for actual statements and discussions. ) Following testimony, the Board took the following action: T 1 \ Page 2 - Minutes Regular Meeting of March 2 , 1994 Southold Town Board of Appeals FINDINGS AND. DETERMINATION Appeal- No. 4215: Application for. GEORGE KRISS. A-variance. is requested from Article XXI V, Section 100-244B -of= the Southold Town-Zoning Ordinance. for. permission to-construct addition with reduced (southwesterly-) sideyard setback, and reduced total-.sideyards at less than the required 25 ft. Location of. Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-1397-3-21. The subject premises is a .substandard lot containing.. less than 20,000 sq. ft. in area. WHEREAS, a :public-hearing- was held on March 2,- 1994; at which time those who desired to be heard were heard-and-,their testimony recorded (no opposition- was-received); and WHEREAS, the Board has. carefully consideredi all testimony and documentation submitted. concerning this application; .and WHEREAS; Board Members have personally- viewed and are familiar, with the: premises in question, the present use and building[s), and.. the surrounding areas; and WHEREAS, the Board made the following, findings of, fact: 1. The premises in- question: (a) is a parcel of, land shown on the Map-of,,Mattituck Heights combined as a single- lot to. be part of the westerly-40, ft. of Lot #61 and the easterly 25-ft-. of Lot #62 for a total land. area of.9,750--sq. ft. and street frontage ,of. 65..00, feet; (b) is improved with a -:two- story single-family; dwelling with a rear deck and. front porch areas, all---as, more particularly- shown-on the survey prepared-for Roy Stakey (predecessor in title)• dated December 5; 1983, revised March 5; 1985, showing specific setbacks at. 42.6 feet from the-front property line and. 12.9 feet to the easterly side. property Fine; 2. By this.-application, appellants. have requested, a reduction in the-total side yard setbacks, when combined, to.. 22.9 feet: 10 ft. setback proposed, from the-westerly property Page 3 - Appl . No. 4215 Matter of GEORGE AND PATRICIA KRISS Decision Rendered March 2, 1994 line and 12.9 feet, as: exists at the easterly,yard. The,size of the addition is--proposed at: 12 .ft. by 22. ft.. for which the landowners assure will comply-with al[ other setback require- ments - with the exception of the 2..1 ft. total- sideyards. 3. The code requirement (enacted in January 1989) for nonconforming parcels- having less than 20.,000 sq. ft.. in- this R-40 Zone District is.-regulated by K100-244 of, the Zoning Code for minimum sideyards at. 10- feet: and 15: feet. The reduction requested is 2.1 feet on the total sideyards. 4. It is the position of the. Board Members that the amount of relief- requested is- not substantial- in relation to the requirement, being. an actual variation of 2-1 feet for the new addition. No. other side yard is .being reduced.. The addition is proposed for additional living area to accommodate a immediate family-member. 5. In considering_this- application, the Board also. finds:: (a) there is no valid public purpose-which outweighs the applicant's difficulties for a :2..1 ft. variance for the total sideyards; (b) the size of the deviation is de minimus; (c) a substantial- change will- not be produced ini-the character- of the. neighborhood - in-fact there appear- to, be other principal buildings with setbacks at. less than that proposed herein in the immediate neighborhood; (d) the difficulty cannot be obviated by some. method feasible for the applicant to: pursue other than a .variance, and to.: change the entire layout and architecture of-the building would necessitate great expenses and substantial building modifications; (e) in view of, the manner in which the difficulty arose and the fact that the size and open land area is. limited, the interest of: justice will be served by allowing the 2.1 ft. total side-yard reduction, to 22..9 feet (instead of, 25. feet). (f) the applicant's difficulties are not self-created since the dwelling was built prior to. the owner's acquisitin of the property; (g) the difficulties claimed are uniquely related to the layout-and generaU character, shape and size;of�.this,parcel- and are not person to-_the landowners; Page 4 - Appl . No. 4215 Matter of GEORGE AND PATRICIA KRISS Decision Rendered March 2, 1994 (h) in. considering all of the above-factors, the interests of justice wi:1.1- be.served by granting- the reduction in the total sideyards, as requested. Accordingly; on motion by Member Villa, seconded by Member Wilton, it was RESOLVED, to GRANT the requested reduction of- 2.1 feet- from the westerly-property line for. a _new extension, with a •setback at. 10 feet from the: westerly- property line, and total side yards at, not less than 22'.9 feet, as requested. Vote of.the Board: Ayes: Messrs. Goehringer, Dinizio, Wilton and Villa. (Member Doyen was absent-due to the current major snow storm conditions this, evening.) This resolution was duly adopted. Page 5 -- Minutes Board-of--.-Appeals---Regular. Meeting Wednesday, March 2,.. 1994 I. PUBLIC HEAR-INGS, continued: 7:35 p.m. Appl No_ 4216 LIEB VINEYARD, INC. A variance is requested- from. Article 111, Section 100-33 of. the Southold? Town Zoning. Ordinance for permission to: locate swimmingpool, . cabana structures, within a -fence-enclosure.-,. situated-. in-,art area -other than the required rear. yard. Location. oft Property: 14990 Oregon Road., Cutchogue;..NY; County Tax. Map Parcel No. 1000-84--01-02. (now- Lot #4.4). Zone..-District: A-C: Garrett Strang, Architect,.. appeared and- spoke-- in, behalf:- of:- the applicant. (No publir-- opposition-,was submitted during_ the hearing.) Following. testimony; motion was made by Chairman Goehringer, seconded by-. Member Villa, and: duly carried, to-- declare - the hearing., concluded and--_ closed pending deliberations,Aater. this :,evening,.' (Please: see -verbatim---transcript prepared. under separate. cover and: filed:. simultaneously with these Minutes for statements;ands discussions:) 7:40: p.m. Appl.- No. 42.17 - THOMAS PULS and.:DONNA- RICCO.: A variance is : requested from Article., I 11, Section 100:-33 for permission} to locate,swimmingpool with fence enclosure-in,an -area-other-than- the required: rear yard-. Location oh- Property:- 1350 Eugene`s -Road, Cutchogue; NY; County Tax Map Parcel No. 1000-97=6-1.2.- Zone District: R-80= Residential.. The subject premises .is--a .substandard lot. Following. testimony;- motion was made- by--.Chair--man---Goehringer, seconded by Member Villa, and:.. duly, carried-, to- postpone the hearing., pending information concerning the berm .which would., also require a .variance with. a height above-four- feet although- .it is, not mentioned: on the Notice:. of4 Disapproval:: (Please- see - verbatim transcript prepared under separate cover- and: filed: simultaneously with Minutes for actual statements- and discussions,:) 7:56. p.m. Appk: No. 4218::= - JOHN- E. STRIPP and JUDITH D. STRIPP. A variance is. requested from Article:::-111, Section 100-32-, for permission- to:. locate. a . new principal-. dwelling.- structure with a reduced front, yard setback, Location ofi Property: Private -Road off East End-, Road, Fishers-- Island, NY; County Tax Map Parcel, No. 1000-7-2-9. Zone- District-: R-120 Residential.: The, subject premises is a : substandard-- corner lot. fronting- on two private roads: A- written request..was received:: from Stephen Ham, 111, Esq., attorney for the applicants,:.requesting..,a postponement,-.until:= April 6,� 1994 in order to.. amend. the: application to,.-include;: a .-request. in: the location of-'a -proposed pool ins-one-of, the. front yards, Motion was made- by Chairman Goehringer, seconded- by-Member Dinizia4 and duly-carried, to adjourn the hearing-. pending receipt ofz the application amendments and= notice to,,adjacent-_ property,owners prior to;.the date, oC;advertise- ment of,the Legal-h.Notice for an upcoming: ZBA,Hearings-Calendar. Page 6 - Minutes Board of� Appeals Regular Meeting Wednesday, March 2, 1994 I. PUBLIC HEARINGS, continued: 7:58 p.m. Appl. No. . 42.19 - DIANE HARKOFF. A variance is requested- from Article IX, Section 100-92 for permission to.construct. storage area, replacing walk-in- cooler existing in- rear. yard. This project exceeds the. maximum-permitted lot coverage requirement in this Hamlet-Business (HB) Zone District. Location oU,Property: 835 First Street, New Suffolk, NY; County Tax Map Par-cel� No. 1000-117-8-15. The subject premises is a -- substandard lot, Following testimony, motion was made by Chairman Goehringer, seconded by Member Villa, and duly- carried, to conclude and close the hearing. (Please see verbatim transcript, prepared under separate cover and filed simultaneously with these Minutes for statements. and discussions:I 8:03. p.m. Appl. No. 4213 - IRWIN and AGNES FRICK. Application for a Variance to. the:Zoning Ordinance, Article I I IA Section 100- 30A.3 (and Section 100-244B pertaining to: substandard lot. sizes) for permission to.. construct addition with a - reduction in the minimum setback at the southerly- side yard. The existing setback is, shown to be approximately 11-1/2 feet, and the addition is. proposed to .extend 6-1/2 feet from the existing dwelling structure. Section 100-244B requires a . minimum 10. ft. setback; applicant proposes a- five-foot setback. This parcel of land has. a total lot area ofy 13,940+- squar-e feet and. is located in. the 11-40 Low-Density Residential- Zone District. Property ID: 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. The applicants did attend: and Board Members discussed the possibility for alternative relief. (Please see verbatim transcript prepared under separate cover and- filed under the same date. hereof with the Town Clerk's- Office). Following testimony; the hearing was declared closed and concluded, pending-deliberations. (See action taken later during the meeting. ) 8:13 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at. 125 (Town House No. ) Sound Avenue, Mattituck, NY; County Tax Map Parcel- No. 1000-120-1-2.2. (Hearing continued from February 2, 1994). After receiving testimony- from the applicant, and. a, letter from John Kujawski (co-owner) and adjacent- property owner, Raymond Kujawski, noting, their request that this application be approved, the_ hearing. was declared closed. (Please see verbatim transcript prepared under separate cover and filed simultaneously with these Minutes for all statements and discussions:) Following the hearing, the Board took the following action: Page 7 - Minutes Regular Meeting of March 2 , 1994 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4161 - SE. Application of BARBARA KUJAWSKI. Request for a Special Exception' as provided by Article IIL, Section 100-31B.(14) for approval of existing Accessory Apartment use in "conjunction with owner' s residency in the existing principal building dwelling structure. Location of Property: '125 (House 'No. per Town Records) along -the north side of Sound. Avenue which parcel commences. at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 1.95.18 feet along Sound 'Avenue, Mattituek, NY; County Tax Map Parcel No. 1000-12,0-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A-C) Zone District. WHEREAS, public hearings were held on September 20, 1993, February 2, 1994 and March 2, 1994, at which time all persons were given an opportunity to be heard. and their testimony considered; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a. Special Exception to the Zoning Ordinance, Article III, Section 100-31B, Subsection 14, for approval of an "as built" Accessory Apartment in the existing principal building as more particularly shown on the sketched map and floor plan submitted under this applica- tion. 2. The premises in question is. located in the "A-C" Agricultural-Conservation Zone District and contains a total lot area of approximately 40,241 sq. ft. and 200.0 ft. frontage. along the northerly side of Sound Avenue.. 3 . The subject premises is improved with a one and one-half-story framed dwelling structure and detached garage. The setbacks of the principal building footprint are shown to be 66. 4 feet in the front yard, 24+- feet to the easterly property Page 8 - March 2, 1994 Matter of BARBARA KUJAWSKI Appl. No. 4161 - Special Exception line, and 95+- feet to the northerly property line, all at their closest points. 4. A copy of the current deed has been made a part of the record which shows that the 40,241 sq. ft. was split from a 4+ acre parcel, _ as conveyed by John Kujawski, Jr. and Raymond Kujawski to John Kujawski, Jr. and Barbara Kujawski on December 21, 1976. Although no record of town subdivision approval was issued in 1976 concerning the previous division of land, the Town Planning Board- has agreed, by letter rather than by formal application, to accept the parcel as exists with 40,241 lot area and 200 ft. lot width for the reason that the ' lot complies with the 1976 code requirements pertaining to lot size. 5. The subject "Accessory Apartment" is shown to be at 509 square feet of livable floor area on the first floor level. The remaining floor area to be retained as the principal single-family residence of the owner, Barbara Kujawski., is 2737+- square feet. This proposal meets the requirement of subsection (d) which requires the accessory apartment not be less than 450 square feet of livable floor area, and subsection (e) which requires that the livable floor area of the remaining unit be not less than 60 percent of the total dwelling, as exists. 6. Article III-A, Section 100-30A.2(B-1) <ref. Article III, Section 100-31B(14)>, permits such use only as an accessory to the residency of the owner in the subject dwelling, and further subject to conditions (a) through (q) .. It is noted for the record that a Preexisting Certificate of occupancy was issued under No. Z-22162 indicating that the building " . .substantially conforms to the requirements of a single- family dwelling built prior to April 9, 1957" as applied. 7. Since the applicant would be permitted up to five occupants: three for the existing dwelling and two for the accessory apartment, then five (5) parking spaces must be provided on this site in a manner which would prevent backing out onto the highway or right-of-way access areas. 8. It is the position of the Board Members that all the conditions and standards established by the zoning code for an accessory apartment are satisfied and acceptable as applied. 9. In considering this Special Exception application: (a) the Board has given consideration, among other things, to Sections {A} through {P} as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reasonable Page 9 - March 2, 1994 Matter of BARBARA KUJAWSKI Appl. No. 4161 - Special Exception use of adjacent properties or of properties in adjacent use districts; (c) it is determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town - provided all other rules and regulations are complied with at all times; . (d) the use is in harmony with and will promote the general purposes and intent. of zoning. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, that the request for a Special Exception establishing an "Accessory Apartment," as built, in the Matter of BARBARA KUJAWSKI, under Appl. No. 4161, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance at all times with Subsections a thru q of Section 100-31B(14) , Article III, of the Zoning Code. 2. There shall, however, be no outside stairwells for either unit <only an interior stairs or other interior access for entering or exiting the residence>' as required. by Subsection (i) of Section 100-31B(14) . 3. This conversion shall be subject to inspection by the . Building Inspector and renewal of a certificate of occupancy and/or certificate of compliance annually, with a written notice furnished to the Chairman or Clerk of the Board of Appeals for updated, recordkeeping purposes. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,. Villa, and Wilton. (Member Doyen was absent due to current major storm conditions. ) This resolution was duly adopted. lk Page ;!0- Minutes Board of- Appeals..Regular. Meeting Wednesday, March 2, 1994 (End of public hearings. ) II. PENDING. DELIBERATIONS and. DECISIONS- from this evening's public hearings: Appl. No. 42-16 - Lieb Vineyard, Inc. Appl. No. 4219 Diane- Harkoff Appl. No. 4213 .- Irwin. and- Agnes Frick (Above actions,continue on following pages) Page 11 - Minutes Regular Meeting of March 2, 1994 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appeal No. 4216 - Application of LIEB VINEYARD, INC. (Owner) requesting:_ a ,variance under. Article- I I I, Section 100-33 of.,the. Southold Town Zoning Ordinance for permission to locate swimmingpool- and cabana structure, within a =-fence enclosure. situated in an area other than the required rear yard. Location of Property: 14990 Oregon Road, Cutchogue; NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot #4.4- and 45). Zone District-: "A-C" Agricultural-Conservation. WHEREAS; after- due notice, a public hearing was held on March 2, 1994 at which time all- those who desired to be heard- were- heard and their testimony-recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS; Board Members- have personally viewed- and are familiar with the premises in- question, its present zoning, and.. the surrounding areas; and WHEREAS; the Board made the following findings off act: 1. The premises in- question is, located in: the "A-C" Agricultural- Conservation Zone District and is referred to as District 1000, Section 84, Block 01, Lot Nos. 4:4 and 4,5 (previously Lot No. 2) on the Suffolk County Tax. Maps, situate along the southerly- side of, Oregon Road, distant approximately- 730 feet west of its intersection with Bridge Lane, Cutchogue. 2. The subject premises, as exists, contains a total- combined lot area of 21+ acres., four acres of- which have been applied strictly- to., use of the main dwelling structure together with an accessory barn utilized as accessory living area for. a family member and domestic servants - see prior ZBA conditions rendered January 14, 1993 under Appeal No. 4144; the remaining 17.18 acres are under the Southold Town Development Rights Program which limits use of, the land for farmland purposes as shown by deed at Liber 11630 page. 758 dated May 13, 1993. Page 12 - Appl. No. 4216 Matter of LIES VINEYARDS, INC. Decision Rendered March 2, 1994 3. Section 100-33 of the. Zoning Code requires that all accessory buildings be located in the- rear yard, except in the, case of, waterfront parcels. (The subject parcel is not- waterfront.) 4. The- relief. sought by this application is: a variance for approval- of, the proposed location, as modified, in. the- front yard area-- for an accessory swimmingpool and accessory cabana structure within, a r fence enclosure. For the record; a , previous application and determination was rendered November 9, 1992 under Appl. No. 4132A for similar relief- and similar. location. 5. For the record, it° is also noted that: (a) the size of, the pool has been- modified from 20' by 40'. to 26' by 40'; (b) the size of the accessory cabana structure scales out to be approximately 12' by 1W and will. be utilized strictly. for storage and purposes incidental to, use of; the pool- not for, future additional- sleeping area or other residential-type use. (c) the height of, the accessory cabana structure- will not be greater than one-story; (d) all restrictions set forth at Section 100-31=C and Section 100-33 shall apply-, with the exception that the building will- be permitted to be located in this front yard area. 6. In considering , this application for a modified front yard location, the Board finds: a) the essential., character of= the neighborhood and- district will- not be adversely- affected; the: area surrounding_ the area of., the pool is..open land.; b) the relief, herein will not in turn be adverse to the safety, health_, welfare of. the neighborhood or community; c) the benefit sought by applicant is to. locate the pool and accessory cabana structure partly- in the front yard to, the west and slightly northwest of, the. existing pr-incipah dwelling. which cannot be achieved by a method feasible for the appellant to. pursue, other than a variance d) the variance will not have an adverse effect or impact on the physical or. environmental conditions.- in the:-.neighborhood or district; all other code: requirements will be complied- with as well as:, all- other setback requirements. and there is: no impact or, effect that would: create an adverse environmental condition; Page 13 - Appl. No. 4216 Matter- of LIEB VINEYARDS; INC. Decision Rendered March 2, 1994 e) the relief requested is. the minimum necessary and continues to- preserve and protect the. character of, the neighborhood and--the health, safety and welfare of, the community; and f) the difficulty is , self-created in that the principal dwelling_ was built as far to: the rear of the -lot: as possible - leaving limited open "rear yard" area available- for accessory buildings and structures while, remaining,_ distant from the established vineyard boundaries; g) in. considering the above factors-, the interests of= justice will be served. by granting. the modification, infra. Accordingly, on motion by Member Dinizio; seconded- by- Chairman Goehringer, it was RESOLVED, to,. GRANT a modified variance as requested under AppL. No. 4216- for., the, front yard (and portion of the side yard) location of', the proposed accessory swimmingpool and cabana_ structures; both entirely within the: fence enclosure, PROVIDED-. the swimmingpool and related areas remain unroofed and-. .the cabana- structure remain= accessory without conversion at any time to, sleeping or habitable-area.. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent due to poor weather conditions: ) This resolution was duly adopted. Page 14 - Minutes Regular Meeting of March 2, 1994 Southold Town Board of Appeals ACTION OF THE BOARD. OF- APPEALS APPL. NO. 421.9: Application of DIANE. HARKOFF for. a . Variance. - under Article IX, Section 100-92 to . construct storage area, replacing walk-in cooler existing in rear . yard: This . project- exceeds the maximum-permitted lot coverage requirement in this Hamlet�Business (HB) Zone- District-: Loction of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No: 1000-117-8-15. The subject premises is substantard--as_ to, lot size. At a Regular- Meeting of; the Zoning Board -of- Appeals held on March 2, 1994, the following:,action: was. taken: WHEREAS; after due notice, a public hearing was held.-on March 2, 1994, at .which time all- those individuals who desired to be heard were heard and their testimony recorded (see transcript of verbatim testimony prepared under separate cover.- and filed- under the same date- hereof}; and WHEREAS, Board Members have carefully considered all testimony and documentation submitted concerning this-application; and WHEREAS, Board. Members have personally viewed and are familiar with the premises in question, its-' existing buildings and improvements, and the surrounding neighboring areas; and WHEREAS, the Board made the-following Findings-of Fact: 1 . This is. an appeal of, the- February 10, 1994 Notice. of Disapproval issued by the Building Inspector- based upon a building..permit application to- construct an addition at the rear- of the existing. Restaurant building. The reason given for the issuance- of- the February 10, 1994 Notice of Disapproval is . that this proposed 12 ft. by 22 ft. storage , addition exceeds - the maximum-permitted lot coverage by 264 square feet (see further clarification at Paragraph-4; Page-2 hereof). 2. The premises which is . the subject of this- request is a described parcel of: land. referred to--as- "The Legend Restaurant" situated at 835 First Street, New Suffolk. The dimensions of this parcel and location of existing improvements are more particularly shown on the survey prepared. by- Harold F. Tranchon, Jr., P.C. dated August 8, 1979. The walk-in cooler is 9.6 ft. by 13.6 ft. as exists, and will be replaced by the new addition of_ a .size 12 Page 15 - Appl. No. 42.19 Matter of• DIANE HARKOFF Decision Rendered March 2, 1994 ft. by 22 ft. The new.. addition is also proposed for -inside-.storage of items (that are presently left outdoors).. 3. For the- record it is. noted that there is a .-pending Building: Permit issued October 7, 1993 for renovations within the existing footprint (see Permit No. 216961, and that the applicant acquired- the premises--on September 24, 1994. 4. The land area over which this additional- lot coverage- is requested pertains only to the-squaring-off- at the rear of the restaurant =up to.. the existing party wall along the southerly (side) property line, while maintaining the existing- nonconforming rear yard setback established at approximately 15 feet between- the. rear property line and_the outside- wall of the building. The existing walk-in cooler- contains -130.56 square feet of- lot coverage; the new-addition ,will contain 264_ square feet, for a -difference of 133.44 square feet. The amount of- overall lot- coverage, as exists, is substantial- compared to the. code limitation of-400-0 of- the- total-. 6,.338 sq. ft. lot area, or 2,232 square - feet. However, the. amount of new: area is realistically 133 square feet, which is minimal under the circumstances.. 5. In considering this application, the Board - also finds and determines: (a) that the difficulties claimed and applied to, the land outweighs injury to the public; (b) that the relief requested is substantial: in relation to the lot coverage requirement of the Zoning_ Cade; however, it is not substantial- in relation to the established lot coverage- nonconformity; (c) that there is. no alternative for appellant to, pursue-, other than a .variance. due to. the nature and ,character of, the land -and .surrounding lots in the immediate neighborhood; (d) the location of the new construction will not create a nuisance or injury to the: public or interfere with nearby uses in this use district or- adjacent use-district; (e.) the relief, will not be adverse to.. the preservation and protection of the character of the neighborhood or• alter the essential character of- the community; (f) in view of, all the above, the interests. of justice will be served by granting.-the .relief, as. requested. Accordingly, on motion by Member Dinizio, seconded by Member- Wilton, it was Page 16 - Appl: No. 4219 Matter of DIANE HARKOFF Decision Rendered March 2, 1994 r RESOLVED, to. GRANT a variance to increase. lot coverage- by 134.5 square feet, as-applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the walk-in cooler area which presently exists._ as an accessory structure be removed, as, agreed by the applicant-owner. 2. That the new addition not reduce the existing nonconforming rear yard setback of. the building, as agreed by the applicant-owner. 3. That there be no outside storage of articles used in- conjunction with business, as. agreed by 'the applicant-owner. 4: That all other codes be complied with and : appropriate permits be obtained before commencing_building- activities. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio, Villa, and Wilton. (Member Doyen of- Fishers Island .was: absent due to...poor weather conditions. ) This resolution was' -duly adopted. Page 17- Minutes Board of Appeals--Regular Meeting Wednesday; March 2, 1994 FINDINGS AND DETERMINATION Appeal No. 4213: Application of IRWIN and AGNES FRICK. Application for a -Variance to the Zoning Ordinance, Article IIIA, Section 100-30A:3 (and Section 100-244B) pertaining to substandard lot sizes) for permission to construct addition with a reduction in the minimum setback at the southerly side yard. The existing setback- is shown-to be approximately 11-1/2 feet, and the addition is proposed to extend 6-1/2 feet from the existing dwelling structure. Section 100-244B requires a minimum 10 ft. setback; applicant proposes a five-foot setback. This parcel of land has a total lot area of: 13,940+- square feet and is. located in the R-40 Low-Density Residential Zone District. Property ID: 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. WHEREAS, after due notice, public hearings were held on February 2, 1994 and March 2, 1994, at which time all those who desired to be heard were heard; and WHEREAS, Board. Members have carefully considered all, testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present uses and existing buildings in the surrounding area; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land containing a nonconforming lot area of 13,940+- square feet, situate along the westerly-side of West View Drive, Mattituck, Town of Southold; (b) is presently improved with a 1-1/2 story framed dwelling structure situated 100 feet from the front {easterly} property line, 11-1/2 feet from the westerly side property line, 15 feet from the northerly (side) property line along N. Riley Avenue, and 22 feet from the closest retaining wall towards the existing bulkhead along Mattituck Creek (ref. copy of survey map prepared August 4, 1980 by Roderick VanTuyl, P.C. ) (c) is located in the R-40 Zone District as adopted in the Master Plan. revisions dated January 10, 1989. ` Page 1g - Appl. 4213 Matter of, IRWIN and AGNES FRICK Decision Rendered March 2, 1994 2. By this application, 'appellants have requested permission to construct a conversion of a portion of the existing garage area and new addition at the southerly side of, the existing dwelling which would leave a proposed setback at. 5.6" from the southerly property line. 3. Today's setback requirements pertaining to: lots of this size (less than 20,000 sq. ft. ) at Article XXIV, Section 100-244B requires minimum side yard setbacks at 10 .and 15 feet, for. a .total of, 25. feet. It is beneficial that there will be a greater distance to the outer bulkhead along. Mattituck Creek at a setback of 72+- feet (greater than the established nonconformity seaward of the proposed construction). 4. The amount of. reduction requested by this application is.for. a setback at 5.5 feet instead of the required 10-feet along the,southerly side yard. The total sideyards are also being requested at, 20.5 feet instead of: the required 25. feet. 5. It is the position of. the Board Members that the amount of� relief requested is substantial in relation to the requirements, and that an alternative setback granting relief by three feet specifically, to allow a setback at seven (7) foot, is also feasible and will under the circumstances be the minimal necessary, while preserving and protecting the character of the neighborhood and the safety, health and welfare of the community. 6. For the record it is noted that similar setbacks have been established at approximately eight feet for one sideyard, and for a total of 21 to 22 feet for both sideyards, in the immediate area of- "Mattituck Heights" Subdivision {which preexists the enactment of zoning (having been filed July 24, 1935 with the Suffolk County Clerk's Office)}. 7. In considering this-application, the Board also finds: (a) that the relief, as alternatively granted, will. not produce a substantial change in the character of the neighborhood - in fact there are other principal buildings with setbacks similar to that proposed herein {for further information, please see record on lots identified on the County Tax Map District No. 1000, Section 107, Block 7, as Lot Nos. 8, 9, etc.}; (b) that the difficulties of the applicants' land is outweighed by any possible public need; (c) that the difficulties claimed can be obviated only by the alternative grant for similar, but lesser relief, as described in. this determination; (d) that the difficulties claimed are not self-created; (e) that the difficulties claimed are uniquely related to the layout and general character, shape and size of. this parcel and are not personal to the landowners; ` 'Page 19 - Appl. No. 4213 Matter of IRWIN and AGNES FRICK Decision Rendered March 2, 1994 (f) that in view of the manner in which the difficulties arose and the fact that the size and open land area is limited, the interests of justice will be served by allowing a three-foot variation for minimum side yard setback at seven (7) feet, instead of the required 10 feet, and at total sideyards at 22 feet, instead of the required 25 feet. ACCORDINGLY, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, that the relief as requested for a setback of. 5.5 feet, and total sideyards oU 20.5 feet, be and hereby is DENIED; and be it further RESOLVED, that ALTERNATIVE RELIEF BE AND HEREBY IS GRANTED for a minimum setback of: seven (7) feet, and total sideyards of .22 feet. Vote of the Board: AYES: Messrs. Goehringer, Dinizio, and Wilton. NAY: Member Villa (no alternative was offered but felt a variance of• three feet is substantial). <Member Doyen of Fishers Island was absent due to poor weather conditions.> This resolution was duly adopted (3-1). Page to- Minutes Board of,, Appeals Regular Meeting Wednesday, March 2, 1994 REQUEST FOR RE-WORDING OF DIRECTIONAL SIGN-: Appl. No. 1428 - ZBA Determination Rendered May 27, 1971 Parcel ID No. 1000-66-2-3 Off-Premises Directional-Sign/Name The Board Members are in receipt of, written communications from Greg Powers in behalf of. the Sea Shell Restaurant and its proposed sign at,., premises of Joseph F. Krukowski (Covey"s Farm barn building) located on the south side of- the Main Road, Southold: Mr.. Krukowski and Mr. Powers have- indicated that the wording of- the present sign will- continue to: be for directional purposes except that the restaurant will- be changed for the Sea Shell- Restaurant instead of the Seafood Barge Restaurant. Mr. Powers, as owner of, the "Sea Shell Restaurant" has confirmed that this wily be the only directional- sign displayed in, the entire Southold-- Town for his. restaurant. Based upon these circumstances, _ Board Members agreed that the sign be permitted to. be: replaced for directional- purposes. Member Villa felt the size of� the existing sign should. be reduced to what- the, sign requirements will. be. The- majority ofA the Board Members indicated they had no. objection to.- leaving the conditions. of the 1971 Decision in tact, particularly— since other signs which had been on the side of the barn for years have recently been removed. Conditions under which the sign .may, be re-worded and updated: 1. Entire sign not larger than 4 :ft. by 6 ft. 2. Not to. extend: beyond wall of building 3. 3/41' Exterior: plywood or.. equivalent 4. White background 5. Red arrow (restaurant name and telephone number permitted] 6. That no other directional sign for the same business is situated in. the Township 7. That no other- sign is.situated at this property, except as may be authorized by Town approval- 8. Photograph of sign, when displayed, (or sketch with dimensions and final- print) to. be furnished to, the Office of the Southold Town Board of, Appeals. 9. Wording of, the sign is_ limited. to. directional.:-purposes for. the Sea Shell. Restaurant, or as. authorized by the: Appeals Board. 10. Subject to..obtaining Sign Permit-from Building Department. Page 21- - Minutes Southold- Town Board of Appeals Regular,. Meeting of March% 2, 1994 NEXT HEARINGS CALENDAR: On motion by- Chair-man-Goehringer; seconded.. by Member,Dinizio, it was RESOLVED, that the-,Board Secretary- is hereby author.i-zed, and ..directed to. advertise; pursuant to. law, notice-of the .following public hearings to- be held by the SOUTHOLD.TOWN BOARD.OF APPEALS, at-the,e Southold 1 Town Hall, 53095 Main Road-, Southold; New York :11971, on WEDNESDAY, APRIL 6, 1994, commencing at,the.times specified below: 1. 7:30 p.m. Appl... No. 4221 - ARTHUR-BURNS. This: is a .request for a variance based upon. the•-March- 1, 1994 Notice,of_:Disapprovalz..from the Building, Inspector, concerning.a .building permit-.-application for, fencing around..the existing tennis-court; .which height-exceeds the requirements when located: in..a front-yard; ref. Article-.XXI.I I, Section IOS-231 of; the Zoning, Code: Location-of: Property: 3525 Private,Road #13,. Mattituck, NY; County Tax. Map Parcel, No. 1000-1057-1-4. Zone-District: 11-80 ResidentiaN 2. 7:32 p.m. Appl., No: 4218-.- JOHN E. STRIPP and•JUDITH D. STRIPP. (Continuation-from March 2,. 1994). Proposed.dwelling. with reduced: front yard setback from. Private,-Road: off East..End: Road., Fishers Island:,.. NY; 1000-7-2-9: 3. 7:40.p.m.: Appk. No. 4220 .- JOHN E.. STRIPP and- JUDI-TH D. STRIPP. This-is •a request for. a .variance based- upon: -the. Building Inspector's February 24;_ 1994 Notice of, Disapproval....concern ing.a •building.. permit application,for. a -swimmingpool-with enclosure-in.-a -front yard- location; ref. Article:,: I 11, Section: 100-32: of#the. Zoning, Code., Location-of, Property: Private Road. off East End,-,Road, -Fishers Island- .NY; Tax. Map. # .1000-7-2-9 4. 7:45 p.m.. Appl. No. 4222.- CINDY BENEDETTO. This is a :request for- a .variiance based upon-the, Building:- Inspector's°March 4,�: 1994 Notice of Disapproval,.concernin% a building--permit-applicatiion for an. addition at: the rear of existing. dwelling, which will.-be located._.within-:75 feet of� the bulkhead along, Dawn: Lagoon; ref. Article. XXI1I, Section. 100.-239..4K-ofrthe Zoning. Code. Location of. Property: Lot No: 61- at,Cleaves- Point, ..Section 111; 910 .Maple•.-Lane, Greenport-, NY; County Parcel ID. 1000-35-5-26.. The subject premises: is substandard and- is- located, in- the R-40. Residential--Zone District. 5. 7:50:.p.m.. Appl.- No. 4227 - WILLIAM,GASSER: This-is..a -request for a variance basedf upon the Building: Inspector!s-February-kv, 1994 Notice of. Disapproval..concerning,a••buifding, permit application for two identification. signs, as: exist on: fence, .which do not meet the setback requirement.of.--�15 feet from all-property -lines, ref: Article XIX, Section. 1011 91-(c), Article XVI11, Section-100:-81•=C{2a)- of the,Zoning, Code. Zone District: Hamlet Page 22.- Notice. of Hearings Southold Town Board of- Appeals Regular: Meeting:-oU April 61- 1994 Business: Location of, Property: 640 Love.--Lane-.and 5300._County. -Road 48, Mattituck, NY; Parcel,. ID-No, 1000-140-2-16,: 6. 7:55 p.m. Appl: No. 4223 - DONALD BREH% This:--is ka request for a variance based_ upon the.. Building, Inspector's- March 4,, 1994. Notice.-oft DisapprovaF concerning a ;building: permit application for: a deck addition proposed within.75 feet of:, the bulkhead along., Dawn Lagoon; ref_ Article XXI11, Section 100-239.4B-of,the, Zoning,Code: Location of.Property: 1010 Maple-Lane; Gr-.eenport, .NY; Lot No. 60. at Cleaves- Point,. Section 111; 101:0 Maple-Lane;--Greenport, NY-; County Parcel ID 1000-35-5-27. The- subject premises is,..-substandard and: is-located in- the: R-40 Zone: District. 7. 8:00 p.m. Appl. No 4226 . THOMAS-AND JOAN-KELLY. This.-is a request .for. a variancee based, upon the Building. Inspector's-March 10 - 1994 Notice of., Disapproval-concerning, a building.: permit-application to- locate-a storage building. within--75. feet of: the bulkhead along Horseshoe- Cove-at Cutchogue-,Harbor; ref. Article-X1.11, Section 1007239.413: of the Zoning Code. Location oU Property: 1050 West Cove.-Road;. .at, Nassau Point, Cutchogue; _NY-; County Parcel 1 D- 1000-11 Y-5-1 containing:. 1.54 acres 8.. 8:.05 p.m. Appl. No.. 4224 - THOMAS AND ROBY GLUCKMAN. This-is an application, with. amendments, -concerning property known as.. 1350 West Cove Road,. Nassau Point,. Cutchogue; -NY; Parcel- I .-A000-111-5-2, requesting: a). a .variance based upon the Building. lnspector':s February 23, 1994 Notice. of, Disapproval;concerning a building: permit. application to, alter an existing: garage. with attached guest unit; which will-Anclude an expansion of the guest unit..by more than 5(1- percent oF:its. present,size ref. Article XXIV, Section 100-241-: of Ahe- Zoning Code; and b) a variance based upon the Building:: Inspector!s-March 4, 1994 Notice ofi Disapproval..concerning a building. permit: application to..:construct an. inground pool, pool house, deck and fence enclosure,. which wi.lF.not be located in- the required rear yard or required front yard; ref. Article- I11, Section 100.-33 and. Section 100-33C of,the- Zoning Code; and c) a ..variance based upon the Building. lnspectoe`sP March 14 1994 Notice of,: Disapproval:.-concerning..a building, permit- application to-construct an inground.pool,. pool house, deck and fence enclosure-,: a -portion ofv:which is proposed within- 75 feet of,the bulkhead along Horseshoe Cove;. ref. Article XX1.11, Section. 100.-239.4B- of the Zoning:. Code. 9. 8:15 p.m. AppL No. 4225. - RICHARD .ANU. DOLORES PRINCIP-l. This is a :request.:for a .variance -based, upon the Building• lnspector's March 2, 1994 Notice of, Disapproval concerning a building. permit-application to.. relocate a dwelling- structure within 100� feet of,-the L.1. Sound. bluff; ref. Article XX1I1, Section 1007-239.4A-1 of.the Zoning Code. Location oUProperty: Lot #2 shown;on the 1985 Map of<. Blue Horizons,; -also known-as. 4660 Blue Horizon Bluffs Road, Peconic; NY; County Parcel ID.. 1000-74-1-35.52. Page 23- Notice oU Hearings Southold.Town Board'.of.Appeals Regular Meeting. of April 6.: 1994 10.. 8:.20 p.m.. Appl. No,. 4228 .- VLCTOR -and GAIL RERISI, as. contract vendees. -(Owner;: Doris ;E. Schwartz)'. This-is a request, for a .variance based upon the.Building._Inspector's March 15, 1994 Notice of Disapproval concerning, a .building,permit-application to::locate-.a:dwelling,, the northerly portion of which will-be within- 75. feet of- the bulkhead near. GuIE-Pond; . ref. Article XXI I I, Section 1007239.413 aft he Zoning; Code. Location oU Property: Lot No. 31t and. part of,33. on: the Map ofi Section. Two at. Cleaves--Point, .filed Map No. 3521; also known as. 800 Snug Harbor Road, Greenport/.East Marion,,- NY; County Parcel- 1 D:.1000-35-5-3T. 11. 8:25 p.m. Appl.. No. 422E - FRANK R: ZALES.KI. This is.a .request for ZBA review and; determination confirming: and.recognizing: this-vacant: lot--,, as exists with nonconforming. lot. area, .width and depth; ref. : Article, XXJ-V; Section 1007-244_ of, the Zoning. Code: Location of.,. Property Lot #11 on the 1965 Filed Map of: Deep Hole,Creek. Estates ._also known-••as 1100 Theresa Drive; Mattituck, NY; County Parcel I D. 1000-1t5-13-15: Zone.-District R-40 Residential: Vote of the,Board: Ayes: Messrs. Goehringer,- Dinizio.,. .Villa,.and,Wilton-. (Member Doyen was absent .due,:to..adverse weather conditions,,-;::)- This resolution was duly- adopted. Page 24 .- Minutes Southold-Town- Board-:of� Appeals Regular. Meeting of: March 2, 1994 Agenda Item No. IV-C: SEQRA Declarations:- The following- projects were confirmed as Type I I Actions,; not subject to, processing,under SEQRA as setback or-lot, line:variances: AppL NG. 42.15 - GEORGE. KRISS: Appl.. No. 4216=.- LIEB-VINEYARD, INC, AppF. No. 4217 - PULS & .-R I CCO Appl. No. 4218 -- JOHN-& ,JUDITH--STRIPP AppL No. 42.19 - DIANE, HARKOFF Appl.- No. 4213 .- 1RWI N-& ,AGNES-FRI CK., OTHER: The following:.dates were confirmed- for upcoming Committee conferences: Planning: 8 ,,Zoning. Committee Friday; March 4,! 1994 at--.3::30: p.m. Code Review; Committee. - March 16 1994 at. 7:30. p.m. UPDATE: Application of,,:KIM CAMPBELL, .Fishers Island: Await-Town Trustees' determination on building, location and::.expansiowi as built: Chairman=Goehringer indicated that-,he•woulds lihe:the ZBA.-to, plan- to-. go to Fishers Islands during April,. if,possible: It was determined: that upon receipt of-, the;-Town-Trustees' action and_,the:maps as amended, .from the applicant. or: hiss,agent, this mat-ter may-be returned to-,the calendar, for a final hearing. (expected for.. May-4; 1994).. UPDATE: Application of ROBERT BIDWELL, .Speciali..Except-ion, for winery operations: Await-consensus-report from,Planning;-Board as to;:.site plan layout and.submission by applicant or; his- agent Of,amended maps for a f inall hearing. Upon receipt oft these items, .this--matter may-be retuned to the calendar.for a final=..hear.ing (expected for May-41. 1990. It was noted that the owner has not obtained any-type o .L site..plan or, building.. permit approvals- for the buildings or.-- uses which are conducted. at: the site: WINERY SETBACKS. Member Villa,-asked- than a memorandum-be sent to the Code Review= Committee- with. his--suggestion that the:-setbacks for wineries be increased (100 ft., more or: less) from the property lines, -particularly from the street -line. Parje 25 - Minutes Southold:.-Town- Board of., Appeals Regular.-Meeting- of,:March 2,. 1994 There•being no:other business properly-coming before-the Board-at this time, the Chairman declassed: the meeting.-. adjourned. Respectfully submitted, Oii�da Kowalski. Clerk outhold> Town- Board,•ofx Appeals Approved- - Cerar ehrin Chairman RECEIVED AND FILED BY THE SOUTILOLD TOVVI1 CLE11K DATE �C �l?y DOUR p- I C� r Town Clerk, Town of Sou:l:.old