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HomeMy WebLinkAboutZBA-06/13/1994 SPEC APPEALS BOARD MEMBERS O��S�FFOL�COG y� =� Southold Town Hall Gerard P. Goehringer, Chairman y ,? 53095 Main Road Serge Doyen, Jr. �� P.O. Box 1179 James Dinizio, Jr. � a0� Southold, New York 11971 Robert A. Villa �lic �` Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S SPECIAL MEETING MONDAY, JUNE 13, 1994 7:30 p.m. Work Session - File Reviews - No action was taken. 7:45 p.m. Special Meeting - Call to Order by Chairman A Special Meeting was held by the Southold Town Board of Appeals on MONDAY, JUNE 135, 1994 commencing at 7:45 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member James Dinizio, Jr. , Member Richard C. Wilton, Member Linda Kowalski, ZBA Clerk and Secretary Absent were: Serge J. Doyen and Robert A. Villa, Members. I. Cynthia Sutryk was present at the beginning of the meeting and asked if she would be permitted to ask questions pertaining to the Board's hearing and decision on her appeal application under Application No. 4235. Ms. Sutryk indicated that she felt she was mislead at the hearing (by the Board) that the Board would not legally restrict the number of animals she had at her property. Member Dinizio said he felt the Board could limit the number of stalls, which is limited on the size of the building, and that it was believed she needed two stalls, and therefore, two horses. Ms. Sutryk handed up a letter requesting a rehearing of her appeal which was decided on June 8, 1994. The Board members were agreeable to a rehearing based upon the statements made during the last hearing, and the following action was taken: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the request of Cynthia Sutryk for a rehearing based upon misunderstandings or misstatements made during the public hearings under Appeal No. 4235, specifically with reference to Page 2 - Minutes June 13, 1994 Special Meeting Southold Town Board of Appeals animals and the number of animals permitted or limited by Code. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Dinizio and Wilton. (Members Doyen and Villa were absent.) This resolution was duly adopted by unanimous vote of the three members present. DELIBERATIONS/DECISION: Appeal No. 4236 - ELEFTHERIOS PAPPAS . and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft. height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. (Continued on next page) Page 3 - Minutes June 13 , 1994 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4236: Matter of ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from Septem- ber 21, 1992) for issuance of a building permit for the fence/gate and gate post, as built, which exceeds four-ft. height requirement when located in the front yard. Location of Property: 68755 County Road 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. WHEREAS, after due notice, a public-hearing was held on May 4, 1994, at which time all persons 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 of fact: 1. By this height variance application, ' appellants request approval of a fence and fence posts which have been constructed within the southerly front yard area of the applicant's property exceeding the four-foot height requirement. The front yard area faces Middle Road (a/k/a C.R. 48). 2. The fence, gate and post construction' is metal. The applicants' sketch received April 28, 1994 (and .photographs) show the fence gate eight feet high (at the center) and the fence posts at 10-1/2 feet high. The length of the fence is shown at 33.6 feet. 3. The copy of the minor subdivision map amended August 5, 1982, prepared by Roderick . VanTuyl, P.C. submitted for consideration in this application shows that the total land area to be 2.207 acres, which consists of Lots No. 1 and 2. Lot No. 1 consists of 1.068 acres and is improved with a two-story brick house and accessory garage building. Lot No. 2, which is the subject of this variance application, Page 4 - Minutes Special Meeting of June 13, 1994 Southold Town Board of Appeals consists of 1.139 acres and is vacant land, with the exception of the fence, gate and posts built without permit(s). 4. This property is located in the R-40 Low-Density Residential Zone District. 5. The relief requested by this application concerns the requirements of Article XXIII, Section 100-231A of the Zoning which provides that "fences, walls or berms . . . when located in the front yard of residential zones, the same shall not exceed four (41) feet in height. . . 6. It is the position of the Board Members in considering "this application that: (a) the 10.5 ft. . height as requested is not the minimum necessary; (b) there are alternatives available to place the fence, gate, and posts at a much lower height; (c) the amount of relief requested is very substantial as applied, being a variance of up 100' percent for the fence gate, and more for the posts; (d) the grant of a variance of this nature will produce an undesirable change and alter the essential character of the neighborhood in light of the fact that the character of the area consists of vacant lands, open lands without fences, .and other lands with fences within or along front yards in this neighborhood at heights of approximately four feet; (e) the alleged difficulty was self-created in that the entire fence construction was purchased and constructed without. permits from the Town and contrary to the requirements of the zoning codes pertaining to height; and (f) the relief requested is not within the best interests of the surrounding neighborhood, health, safety, and/or welfare of the community, as applied. NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested, in its entirety for the reasons noted above. VOTE OF THE BOARD: AYES: Messrs. Dinizio, Wilton and Goehringer. (Members Villa and Doyen were absent.) This resolution was duly adopted. Page 5 - Minutes Special Meeting of June 13 , 1994 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeah No:. 42.34>. Application of. ALEX AND, MARION WIPF. This, is ,a request: for a - variance under Article-- III, Section. 10Q.-33C• for., permissioFt to locate an accessory ;garage.•with,, a 4rontyard setback at less.-than the required 40.- ft. front-yard setback:. This. parcel- is--nonconforming with a lot, area.. of approximately, 21;600 sq: ft. an& frontage of 118 ft. Location- of.Property:, 940:West Creek,..Avenue; Cutchogue, NY; County Tax Map Parcel; No. 1000-103-13-7. WHEREAS; public-hearings: were .held:.on May 4, 199k and:June,8,• 1994, at, which time- al14,:.persons!'.who, desired to be heard were-heard,, and WHEREAS; the Board. has• carefully•considers 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 surround- ing.. areas.,..and WHEREAS; the Board made the, following,findings-of,fact: 1. The- premises. in...question is,located along. the, westerly.-side oC West Creek Avenue, with, a .road -frontage of, 118,feet,• having:-a frontage, -along. West.• Creek- of,: approximately 8S.- feet (along- a tie line), and having.. a ,total-. lot area -of., 21,460 sq: ft. to,.-a tie:-line along. the- -high water- mark, of; then creek (confirmed by Roderick VanTuyl., surveyor} and: inclusive-of: wetland area; ,and:-20:;675+- sq. ft. for upland. area. when.- excluding. the wetland.,ar..ea. 2. Submitted:- for, consideration is,,a .copy•of-, a A 969 -survey ,with a penned-in-drawing afa the general:..area, of,, the: proposed 24,ft. by 24• ft. accessory garage, in.the: front yard.area. 3. The survey as, prepared.. in...1969.:shows:an existing-accessory garage, structure partly in, the--front yard• and. partly •in., the- side yard. Also shown, is :an existing,two-story single-family; frame• house situated•- 93+- feet from the front-property, line;. 22+- feet from the southerly- side property line, 33+- feet from the. northerly side Page 6. - Appl.. No. 4234 Application-of ALEX and MARION- WIPF Decision Rendered June 13, 1994 property line, and: 70+- feet from the rear property 1ine., which is also shown on this. 1969--survey to,be the ordinary high-water mark. 4. Article-I I I, Section 100-33A• of. the. Zoning Code provides that: . ...accessory buildings: and-,structures or other accessory uses-=shal-I be- 1 ocated-,i n-the required rear-yard. .., and Article 111, Section 100-33C of, the Zoning Code provides that: ...accessory buildings and structures or other accessory uses . shall - be located in. the required rear yard, subject to the:-following requirements:.. C. I n the case• of f a , waterfront parcel, accessory buildings- and structures may, be located in- the front •yard,. provided that such buildings and structures meet the front-yard setback requirements as set forth- by. this Code... 5. Section 100-244B provides fora minimum forty (40). ft. front yard setback requirement in: this. R-40 Low-Density Residential Zone District for properties which are single. and separate ownership. and established a-% a legal nonconforming. lot- of._ over 20,000 square• feet but less than 39,999 square feet. 6. By this. application, appellants are requesting to- locate a proposed free-standing accessory garage as amended from the original request at 18 feet, to. 28 feet from the front property . line at its closest .point. The amended sketch was received on June 3, 14,99 after the applicants•wer,a encouraged by•Board Members at the May 4, 1994 hearing to consider an. alternative= setback at a greater. distance (instead of-- an 18-ft. front, yard setback) particularly when there is adequate land. area. is available to.1 position the building without a variance (with a 40-ft. set-back). 7. The applicants then submitted a sketch, amended on June 3, 1994, showing the proposed 24 ft. by 24 ft. garage with a setback at five feet from the northerly- side, property line and 28 feet from the northerly property line. It is the opinion of the Board Members that the. area chosen is not the minimum necessary and find that there are greater setbacks available-in.the same front yard area much closer to the 40-ft. requirement. Page 7 - Appl.. No. 4234 Application of ALEX and.MARION WIPF Decision Rendered June,13, 1994 8. Also, in considering this•• application, the Board finds: (a) that the: location -of., a garage at. 28 feet or less from the- front property line will-.create,an undesirable- change and precedents-in.:the neighborhood and nearby properties; (b) that the relief; as requested, is -substantial-;at. 30.. percent;: (c) the reasons--furnished by appellants are not sufficient to- warrant a grant of: the variance requested; (d) there- are -alternative- setbacks possible, and, land available, for appellant, to. pursue- which would be more. feasible, under the circumstances;- (d) the location requested. is not within the character of the immediate area; (e) the intent of• this -recent change in the zoning code--added December 22, 1992 under Local Law No. 33-1992 is. to maintain, and continue the established principal setback - line in• residential- neighborhoods• and to allow accessory buildings landward of: the existing residence on waterfront parcels without the need for a variance; ; (f) the grant -of the alternative relief noted. herein; is adequate- and at: the same time preserves and protects the character of. the neighborhood,. and the- health, welfare, safety and. welfare of the community. Accordingly,- on motion by Member Dinizla, seconded by Chairman Goehriger, it was RESOLVED, that the requested reduction ins the front yard setback from 40. feet to 28 feet, as amended, or. Tess, for a proposed additional accessory building as requested under Appl. No. 4234 in the Matter of- the Application filed by ALEXANDER- and MARION. WIPF-, be and, hereby -is DENIED as applied, and be it further RESOLVED, that .the following ALTERNATIVE RELIEF be and hereby,is granted: 1. That the proposed 24- ft. by- 24 ft. accessory garage building be: located at- a setback no. closer than 35 feet to the front property line at its closest point. 2. That the subject accessory building be located at a setback no closer than five feet to the. northerly, side property at, its closest poiwt-. 3. That plumbing, if proposed at some point- in time, be permitted with the -understanding that' it is- limited to use at. the exterior of the building (such as an outdoor shower- or, hose) on the westerly- side {facing the water and the house}. 4. That electricity is permitted. 5. That outside lighting, if any, must. be shielded to the property without glare or disturbance to nearby areas. Page->8 -- Appl. No. 42:34 Application of -ALEX and:.MAR•ION�WIPF Decision Rendered June 13, 1994 6. That- the height of, this accessory building_: shall.not exceed- the 18-ft. height restriction from, natural,ground,, level.,to peak. 7. That the use of. ,thin: garage--building- �shall:-be limite& to storage.:and/or.. studio;..use-as: restricted:- by Section -10Q-31°C pertaining to accessory buildings;-.and. shall not be; used- for., habitable-or,or= other unauthorized purposes. 8. That: this. variance--will; expire-.two years- from- the- date, of the filing. of:, this•,determination. with. the. Town Clerk`s Office, except when a :building, permit has been--properly• obtained and: construction commenced- for the, subject- accessory garage-building.. 9. That .future enlargement,on expansion aU the building. (to more -than the. requested size,,-aV 24 ft. by• 24, ft.) will- require further application ands consideration by,the. Board of, Appeals: Vote of. the Board:.. Ayes: Messrs.- Dinizio, Wilton and Coehringer. (Members - Villa,: and Doyen were absent.,) This resolution was duly-adopted.. Page 9 - Minutes June 13 , 1994 Special Meeting Southold Town Board of Appeals ACTION-OF THE BOARD OF,APPEALS Appeal No. 4241.: Application of, RiCHARD LAN:. This- is. a , request-:.for: a Variance-under Articlel>- I I IA Section, 100-30A,4 ; (ref. Article -III, Section 1007-33) based,, upon the -May 4,: 1994 Notice-.-oU Disapproval from the Building:. Inspector= in, a .. building: permit- application• to construct pool and deck in.. the front,� yard area ,_ as an accessory use. Location of Property: 230 Bridge, Lane, Cutchogue ._. NY; County,Tax. Map Parcel No. 1000-111-15-1.4:and 1.5 .(Tax Map., Parcel No. 1.4 totals,.2.478; acres and Parcel No. 1.5 totals, 1.088 acres). The subject premises is,. located- in.-. an 11-40. Low, Density Residential Zone -District. WHEREAS, a .public, hearing: was held..on June.8,.: 1994, at which time alF persons who desired. to be heard, were ,heard;,.and WHEREAS; the Board, has carefuli:y.•..,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 surround- ing areas;..and WHEREAS= the: Board made the:following findings--of,fact: 1. The premises An, question is, a described- parcel of, land located• at 455 Bayberry Road; .Nassau. .Point;.. Cutchogue,: New, York; and consists of a total . lot, area- of� 3.566 acres..: The subject premises .fronts-along, ,Bridge, Lane to the southris and: partly along. Bayberry Road to. the west., and: along Bayberry- Road.. to-the north-. 2. Proposed, .by,this-variance application is,,,a ;20., ft. .by,,52_ft, accessory swimming-. pool structure.with- 20<ft. by 10.ft. open- deck on the:, east -side and- 15­ft. by 15 ft. open deck on. the--south side, all of. which is,,,to:, be: located 40., feet from the front..westerly- property line:,- at its closets.. point. (and: 50 feet to: the actuaU edge- ofr the payment of.,,Bayberry- Road°) 3. Article III, Section 100-33A. oC the: Zoning: Code provides that: Page,1 p- Appl.< No. 4241 Application of�-RICHARD_ LAN Decision Rendered Junes 13, 1994 3. That there•be: no= overhead or other lighting_ that. is:adverse to. neighboring. areas;,, all., lighting: must .be shielded_ to.�the.. property without glare or, disturbance to. nearby areas. 4. That -the set-back,from the westerly, (front), property,line be no. closer than 45.,feet:.for. this! proposed swimming: pool,structure,- at its closest point: 5. That-: this?-variance• will;...expire, two, years #room- the, date,of- .the filing. of this.-.determination- with the. Town Clerk's,-.011ice, except when a .buildings permit has, been properly obtained. and construction commenced for the--subject accessory structure. 6. That future enlargement-. .on, expansion ,of�, the -str:ucture;. and/or.. conversion— to,- or addition of a'. building,.. will•• require further application- and:consideration by. the.Board.of.-.Appeals.a Vote of<- the, Board_. Ayes: Messrs.. Diniziu, Wilton and Goehringer. (Members Villa, and Doyen. were , absent. ) This resolution was duly.-.adopted. Page 11 - Minutes June 13,; 1994 Special Meeting Southold Town Board of Appeals FINDINGS,AND. DETERMINATION Appl. No. 4246 - LKC CORP. This is •a request for a Special: Exception to. establish,. (re-establish) a . drinking establ-ishing. use., as.., listed under Article. Xl, Section 100,101B. of the • Zoning. Code in an existing principal- building. The subject premises is nonconforming with a . lot area of approximately one-half acre -and, 1.15+- ft. frontage. •along- the , north side of the Main Road:and., is',located., in ,the ,B-General Business Zone-.District. Property Address: 6955 : Main. Road, Laurel; NY; County Tax Map No.. 1000-122-6-36:: WHEREAS, after-•due•notice,.- a .public.�hearing,was.-held,on June 8, 1994, at::,which time all, per.•sons. who : desired to- be- heard were heard; and WHEREAS, Article . IX, Section- 100-101B specifically allows a "drinking,establ:ishment" in this. B-General Business Zone District, and WHEREAS, the -prior use,of the. subject building, a& exists, was: for a drinking- establishment known as, "The Raz-Ma-Taz" and which was established under : the, zoning- code- in effect prior to. January 1989 and which did not require a Special: Exception or other Zoning.. Board of Appeals. action; and WHEREAS, the Board-, has considered the-general. standards listed at Section 100-263 of the zoning:code; and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent -properties° or. of properties-,in adjacent use districts; B. That the- use-• will not prevent the•orderly ,and . reasonable use of permitted- or legally- established- uses in the district wherein the proposed use. is .to- be located or. of permitted_ or legally established uses in adjacent use.,districts; C. That the� safety, health, welfare, comfort; convenience or order of the town will not be adversely affected, by the,-proposed use -and its location; , D. That the, use., will be in harmony with and. promoter the general purposes- and intent -of this -chapter (see notations, infra); Pagv:12 .- Appl. No.. 4246. Aplication of LKC CORP. Decision Rendered June•13, 1994 E. That "the -use:-will be compatible---with-. its. surroundings .and with the .character of the, neighborhood: and, of. the•community in, general; particularly -with .regard to .visib"Uity, scale.,and overall appearance; F. That the. building: in which the , proposed- use• is hereby authorized must be readily-accessible-,for fire"and police protection; and WHEREAS, the:"-surrounding: area consists of: the-following- uses" and business: (a). to the west are a :car.-wash facility, .car repair business. {Tyler}, masonry and: landscaping- businesses; (b) to the east are Kreiger Well & Pump., a " hobby shop with retail- sales, a newspaper publishing_ and distribution center; (c) to. the south, is the-,Main Road and to. the southeast is a . gasoline service station with. accessory convenience store, (d) to the• north.is the L. I. Railroad,, WHEREAS, the - Board Members in making this determination, have considered, subsections . A to P, inclusive, of. Section 100-264 of the Zoning Code, and finds that additional• conditions and. safeguards - are necessary and are hereby incorporated in this permit as. "further- noted below NOW; THEREFORE, on motion by Chairman Goehringer,, seconded by Member Dini•zio, it was DETERMINED, that the 1 within ,application-meets all the standards" and use- provision of the zoning..code; and..it was: further. RESOLVED, to GRANT a Special-: Exception. for the . (re-instatement of) use: as: a drinking- establishment pursuant to_ Article,-XI, Section 100-101B, and SUBJECT TO THE FOLLOWING CONDITIONS: 1 . The owner and"/or operator of. this proposed establishment-, shall provide , parking. attendants -during: high-occupancy hours , (especially for evening. events) in order. " to. direct vehicles for appropriate . parking. on this parcel:" and..to.. the adjoining: Crenshaw parcel to the , west, and::-with all efforts shall be taken in avoiding. hazardous-or. unsafe conditions to " the customers, the traveling! public., and,adjoinni"ng property-owners in :the area; 2. This Special:,.Permit -is based.. upon the maximum:<occupancy of 75. persons ,total. at these premises at- any one -time: Any increase- in, this maximum-permitted occupancy (established- by the Suffolk County Department - of Health Services)" may require further application and re-consideration by the: Board�of- Appears., the Planning:. Board; and other agencies having. jurisdiction "hereunder. 3. Overflow., parking-, must- be, availabre,, on • an: adjoining parcel. Presently, this permit- is . subject to the limited. two-year lease for overflow- parking. on the- Crenshaw, parcel to. the west. Further Page 13- Appl. No 4246 Aplication of LKC CORP. Decision Rendered- June 13, 1994 consideration may be required in the event sufficient parking. is .not made available. 4. Owner and/or operator shall furnish a written- detailed statement,• under oath, as to the number of - persons occupying., the premises at- an:y one -time during,the next 10-month. period. 5. The occupancy at. this. site shall be limited to 75 per-sons, maximum total (building and outside, areas), as requested. 6. This permit shall, expire on July 31, 1995, and may be renewed, after a :further public hearing and after- further Board, consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264 pertaining to the effects of. this use. 7. Based, upon the Code of. the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the- owner and/or operator's obtaining written approvals. from the Southold Town Planning,, Board, .the Southold .Town Building Department, Suffolk County Department- of. Health Services; and any other agency having jurisdiction. thereunder before occupancy; 9. The buffer zone area, shall remain as shown (any change will require review-and approval:by the Zoning. Board Chairman); 10. All lighting. must be shielded to .the ground and not be-adverse to .neighboring :areas. 11. Parking shall. be -limited. to this site and the adjoining Crenshaw parcel- (during .the term- of the lease or agreement), without parking.along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow- parking must be valet-type (with attendants). Additional or overflow parking : is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer•. (Member Nilla and Member- Doyen; of Fishers Island, were absent. ) This resolution was duly adopted. Page 14 - Minutes June 13 , 1994 Special Meeting Southold Town Board of Appeals ACTION OF THE BOARD, OF APPEALS Appl-. No. 4240: Upon Application of: JOHN CROKOS. This., is a request for, a Variance., to. the. Zoning Ordinance,.. under Article! XXIX.; Section 100-239.4A, based upon, the. May 41 1994 Notice of: Disapproval..from the Building. Inspector for permission tol locate:, swimmingpoot-with fence enclosure.-within, 10& feet of, the bluff. along the, Long. Island Sound: This property was-. the: subject of, prior, Appeals,under Appl. No. 4204 as, rendered e 12/8/.93 and. Appl.- No.. 4140:. asr rendered 2/23/93. The subject . premises, �is improved with., a single.-family dwelling. and contains,.an area of, approximately• 40;000 sq. ft. (total lot area). Locatibm of Property: 21-10 Grand View Drive, Orient, NY; Lot No. 7 on the: Map of; Grand:: View: Estates, County Tax Map Parcel- No. 1000-14 2-3.11. WHEREAS; a :public--hear..ing. was held. on June.8,.. 1994 at, which time all— persons,,_: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 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: of,,fact: 1. AREA VAR-IANCE. This.; variance application was- filed on May 4,. 1994, and is.,request_.to. further vary the previous actions,,of this Board concerning the location of- an inground, swimming.. pool and related structures,:. as rendered: (a) February 23, 1993 under Appl. No. 4140: and (b) December 8,. 1993 under AppL No. 4204. 2. BASIS OF APPEAL. The; Building Inspector's Notice. of Disapproval. upon which this new, Appeal Application is: based is: dated. May 4; 1994. 3. CODE, REQUIREMENT. Article XXIII, Section 100-239.4A- of. the Zoning, Code requires all buildings and structures- located on lots Page 15 - Appl. No. 4240 Matter of JOHN, CROWS Decision Rendered. June-13, 1994 upon which. there exists a .;bluff or: bank-..landward, of: the shore or beach shall, be -set:, back not less than one- hundred (100.) feet from the top ofl such bluff or. bank: 4.- PROPERTY DATA. The. premises. in.. question .is:situated north, of- Grandy View. Drive .in, Orient and is shown� as, Lot, #7 on, -the Major.. Subdivision Map-of, Grand: View, Estates; and::contains,-.a:total; lot area- of, 42,134 sq, ft The. subject: premises was vacant, up;to: about July 1993 at-which time construction was.-commenced- for the existing two-story, single--family,dwelling (near completion),,: Property •and building. details,:-are more, particularly- Shown-on,--the April-­28 1994 site plan map, prepared'. by Keller•-Sandgren =Associates;-sand:,noted as follows: a) the. parcel has a frontage- (lot, width.), of 160.0 :.feet along. Grandview, Dr.-ives 152+- ft. width at. the. dwelling. setback line, and, 138,SO+- feet in,width along.the; tope of..the bluff• area.; b) the depth of, the parcel from thefront ;I i ne to: the-, top of the-bluff is ,a distance z of 202+- feet; c) the. deepest portion (west,-end) of the: foundation is 69+- feet; the center: depth of: the foundation decreases. to.,W. feet; the east. end,;of,,the foundation has a .depth•ofF 43+ feet; d) due.to- -the angle.::-of- the dwelling foundation and the variations.-- in,. the, dimensions: of,- the foundation, setbacks - vary considerably: 89+- ft. setback- at,,the. easterly,end,.- of- the existing dwelling., foundation between the front:.property line along,. Grandview Drive, 17+- feet from the easterly- side property line, 32+ feet from the westerly-, side property - line, and: 96, feet from the top, of;. the bluff along. Long. Island:,: Sounds at its.,closest, point, setbacks•-at< the westerly end. oU this: foundation are shown- to. be 50:, feet from. the front -property,line; e) the open eland,area between-the foundation of,the house under construction aL.the: top of-,-- the; bluff. "varies, from 113.5+,- to 1.09+- feet to .96.: feet at: the deepest; measurements -(and°' 100+- feet at the center point of:=they proposed pool locations). 5: PROPOSED VARIANCE. The north-south,: or. depth, measurement of, the proposed, pool, at> its greatest- distance, is: 24 feet and, when located- a-s proposed 18 :feet from-- thet foundation ofi the house- and. on an angle:against--the bluff line; the setback-•.left is >,66 feet. The , amount. oU relief• requested, in relation to. the. 100: ft-. setback requirement.is, 34 feet; or, 34% of., the requirement- for. the location oV a proposed pool -.inground. structure. 6 HISTORY- OF EXISTING, CONSTRUCTION. On -June. 23,. 1993, Building, Permit •No. 21494 for the -construction of. a :-103+ ft. wide. by 60+- ft-. deep- dwelling): with variations-due to:,the Page 16 - Appl.. No. 4240 Matter-- of JOHWCROKOS Decision Rendered June., 13- 1994 architecture, layout;. and; design� of., the, building, entranceways, landscaping; and extensionsi, all,-:more particularly shown on the April- 28, 1994 site plan map submitted with this application. substantial#y-sized- dwelling. was _issued (No. 21494), for a .-garage, decks and raised platforms extending from elevated landscaping retaining: walls.. A second survey- showing the foundation, as constructed, is dated: October 8, 1993 and shows- the concrete foundation of the: dwelling angled- to take full advantage of, the waterviews of the Long Island, Sound. 7. PRIOR APPEALS. Under two previous applications; applicant requested- reductions to- 62-feet from the- top of the, bluff, which were both denied Alternative- relief, however, was approved. on these. applications• _allowing reductions to 75 feet, and: later to- 70 feet, from the bluff, to the proposed pool, at, its closest points. (Ref. : Appeal No. 4140: and Appeal No. 4204-. ) There has literally been no change in. the circumstances from the previous appeals. (Ref. November. 10, 1993 - Map S-2 prepared .by Keller-Sandgren Associates) 8.: CURRENT APPEAL. Requested in this?-: third variance application is a reduction to 6& feet at: its closest point, for the proposed inground- swimmingpool. The-.fence enclosure is .-not, shown on the site-plan maps ;and r wilt-:be subject to review-- by.the- Building Inspector and compliance with all, codes at, the: time, of._ making application for the building permit for the fence: enclosure. 9. SITE INSPECTIOWS). (a)- Inspection of, the site:,revealed. that most of- the bluff face is, stabilized,_ by shrubs. From the street, the. lot elevation rises several,. feet: -and: flattens.-out• over most of, the- land, . 25. to -26 feet above- mea sea level. There is.: presently: a slight, berm across the bluff top edge; the existing grade is away from the bluff face. The bluff areas must be protected., and regrading- and. new landscaped areas must be, done-to., keep surface water runoff directed' away- from the bluff face. A continued low. berm at.. the, top edge would. help�to- ensure no- over-bank-runoff. Also, measures will need. to be taken to, either ,truck the pool water off situ or properly install drywel-l1. drains. as far as: possible from the coastal zone .erosion hazard line in•effect for this.,area.. (b) Research of,town records shows that there-are at. least four, lots, starting with= the lot.. immediately, adjoining' this- parcel, to the east which are -vacant; also, there are other, structures situated- on two lots approximately=200 feet, and, more, to the west of the subject parcel which have nonconforming. setbacks from the, bluff and which were granted .a -conditional-variance. in., 1985 and: 1986: (ref. Lot 3.8 :(Hungerford)- at..80-85+- feet; Lot 3.9(formerly .-Betancourt). at:. 50+- feet;. further east. of: these vacant lots are two parcels which contain, structures with reduced setbacks;:, ref_. Lot 5 (Montaceltil for construction at:, 80+- feet from the top 'OU the bank and, Lot. 24 Cipitelli Bros.-; Page 17 - Appl. No.. .4240 Matter of JOHN CROKOS Decision Rendered June-13, 1994 (c) It is- per.sonak. knowledge, and through, town= records; that this; bluff. area. is :subject. to,erosion, and in.. the. past,.the. bluff areas in:this,-vicinity have-been damaged.. Erosion of-, this:mature.,has lead to the enactment• of the. Coastal Zone;•Managements Law: (Ch. 37) of the Town mandated: by the State and Federal.. Government , for properties fronting along. the Long Island. Sound. 10. EFFECTS OF RELIEF REQUESTED. It is the position of,the Board that: (a) the- extensiveness - of, elevated, landscaping, .. with structural , barriers, together with; the location, size; architecture,. and general._ layout of:, the, newly, constructed dwelling, explicitly create the difficulties- in: this„ application for the proposal of> an inground pool of, this. size, and configuration, to. wit: 24 ft. by 38 ft. at its widest points; (b) the setback. at. 66• feet is substantial=:in relation to the requirements.;.Ahat is,: 34• percent GE the requirement:; (c) the grant of:. the, entire relief will-., alter the essential:.character of>the, neighborhood since many of, the. parcels are vacant4 and other properties- have, greater setbacks-than -that proposed by this,•application since the character: of. the., neighborhood- is with setbacks at-80, to 90- feet- from- the top of the bluff; (d)- it is .personal, knowledge, and.through town records,. that this bluff area. is subject to..erosion- and in, the past. thet bluff areas in, this. vicinity -haves been damaged - leading,. to., the. enactment of:: the Coastal•. Zone.,. Management Law:. (Ch a• 37) of the -Town;. as mandated-. by: the State. and_! Federal, Gover.nment,% for.. properties fronting..along,. the.Long. Island. Sound.: (e). there -is� usable:.%-land area- available>-as noted herein between the foundation, of, the, house--and the bluff, for, a distance,of approximately,100, feet; (f) the difficulties .claimed are self-created due. -to the size of, the dwelling. and landscaping barriers, the tilted angles quite different from the bluff and/or, road lines; the fact that the applicants-owners :built-. the: dwelling. at. its present., location within the last, 11 months and. were aware oU the code requirement..to locate structures and buildings -at, least•10G feet.from the, top of the bluff, (g) there --are•-alternatives for appellants to.: pursue, such as constructing.. a :.smaller pool,. reducing landscaping.. barriers,. -or, to locate a similar, recreational::structure-(lap pool; spa, . etc. ) closer than the present,,..18..feet distance-to-the actual dwelling; Page ?$ - Appl. No. 4240 Matter oU JOHN:CROKOS Decision Rendered June:13, 1994 (h) the difficulties claimed are personaf, in nature to.. the landowner rather than due to. the uniqueness.-of the: land since the owners wilt,not be deprived of, reasonable, use of, a ..swimmingpool,l or other, structure): north of, the house,- and. when relocated tor l conform with the. prior.. appeal conditions (i) the relief, as requested" .wiW n- turn have,an adverse effect or, impact on the physical and environmental- conditions, in the neighborhoodi and. district - particularly in. light of: the numerous storm activities and erosion along. the Long Island. Sound, bluff areas <which' storms are not predictable either as: to: number of, occurrences or the nature ,of,. its strengths>. and-. which have.-in the past: been severe causing damage- along and near many bank and bluff, areas in the Town of Southold>, (j) the grant of a previous.,variance 200 feet or more from the subject premises approximately- nine- (9) years .ago does not preclude a denial._ of. the variance. requested in: the subject application in, light- of, the erosion along the bluff areas, the frequency of: severe storms,. .results-,oU storm activities, etc. W in, view- of. all=. the above; the interests of justice will. be served by.denying the relief, as requested., in:its entirety. Accordingly on motion by Member Dinizio,, seconded by Member Wilton, it was RESOLVED, to. DENY` the relief, requested in.,-this,-.applicatiom in its entirety, for the reasons noted above: Vote of. the Board: Ayes: Messrs. Dinizio;4 Wilton, and Goehringer. (Members Doyen and- Viffix,.. were absent.:) This resolution was duly.adopted-. Page 19 - Minutes June 13 , 1994 Special ,Meeting Southold Town Board of Appeals ACTION OF, THE BOARD. OF- APPEALS Appeal, Nos.: 42,18 and.4220.,. as.-amended to_include:Swimmingpool: Application of - JOHN E. STRIPP and: JUDITH-- D. STRIPP. A Varian.ce, is requested, from. Article,-,,lll, Section 100-32 for permission: to. locate• a new, principal- dwelling structure with. a :.reduced: front -yard setback.. Also.. requested under Appl. No.. 4200 as. amended, is. a Variance based- .upon the Building., InspectoWs February 24, 1994- Notice of,. Disapproval concerning, a build.ing� permit-appl i cation,•for a swimmingpeol,with enclosure in; a front yard-, location; ref-. Article:, I11, Section 100-32, (100.-33) of the .•Zoning" Code. Ldcatiom� of: Property-. Private ..Road,. off East..End.:.Road., Fishers Island, NY; County Parcel- ID 1000-7-2-9r WHEREAS, a public.,hearing was: held-on March ,2, 1994, April 6, 1994* and May 4, 1994* concerning- the­above-application (at the • last two hearings* jointly with Appeal•,.No: 4220 as.•:an amendment-- to, include:- a swimmingpool structure in the front yard, and at.:- said: hearings ; all;,. who, desired to. be, heard were heard and ,their testimony -recorded; and WHEREAS; the,.Board, has_,careful ty-,considered-. all�.testimony and;documentation,submitted.•concerning;-this;..apptication..; and WHEREAS, the Board• Members have_,_personallyr--viewed: and are familiar, with the, premises, in, questiom, the - current-.R-120 Zoning, and the •sur.rounding-:areas;:: and WHEREAS; the Board made.,the,4ol lowing,findings.-of-.fact: 1 . OWNERSHIPS The k applicant is, Stephen L. Ham I11, Esq.. as:. attorney -and: agent for the,t property owners,. John E. and. Judith Stripy; who- acquired .the-=subject premises.-4rom.,the County of•Suffolk-for $11,000 on April 30:; 1979 -(Liber. 8615, cp 515). 2. PROPERTY DATA. The,property ,which is_ the. subject of - this- variance- application,- is � vacant-, unimproved. (naturaO land.. consisting of: a lot area:.of: 1 .10+- acres;. or. 47-,916 .sq.. ft. (including. wetland . grass- areas)-. This-parcel is •nonconforming as, to , lot size An. this, R-120.. Zone; which provides. for 120,000 sq. ft. of land area.: to be conforming: This ::parcel:. is-:.also,. a .corner. lot with frontage,- along two-, private rights-of-way (roadways,) off' East End, Road:; Fishers Island;. and,is identified on. the Suffolk. County Tax.: Maps as, District. 1000 Section ; 7, Block 2, Lot-9.- Page.- 2 0 Appl.. Nos. 4218 and.4220 Matter-of JOHN.-E. 8 JUDITH STRIPP Decision Rendered-June,-13, 1994 3. BASIS: OF APPEAL: On or.•about:February,4,• 1994; the appiicants, applied:. to-. the Building. Inspector, for, a building permit to construct a single-fami-ly dwel;ling; an&.on.- Febru- ary 9, 1994- a ..•Notice...of;,Disapprovat-was issued; on, the: following grounds.- . . .Under.-Article.-Ill, Section• 100-32-.Bulk, Area-rand Parking.. Regulation,,proposed..construction wfl :have insufficient--frant, yard setback. Action required by Zoning. Board of.,Appeals Action also: required by Board-of`. Town Trustees and .New York State Dept. of Environmental Conservation:•. . . 4. AMENDED BASIS°OF •APPEAL: On or •about Febru- ar..y 22, 1994; the • applicants and. their: agent ° returned, to-,. the Buildings ,lnspector:> and'..filed a new, building, permit- application to construct-- a - single=family- dwelfing_ ands accessory swimming pool,. and. on -February M4; 1994, a new Notice -of Disapproval- was- issued on the following..grounds: . . .Under Article -III, Section 10032 Bulk; Area- -and Parking; Regulation, proposed. construction•wilt•have insufficient front yard- setback. Under Article:lll; Section 100 33-, Accessory Uses-and Structures (swimming-pool), shalt-be>7-located in=the•:required rear yard. Action required.by-Zoning::&oard,of• Appealsi. Action:also, required.,. by Board of.-Town,.Trustees anal.New York State- Dept. , of. Environmental:.Con servatior i'. . . 5. VARIANCE. REQUEST: By this.-,application-, as- filed February 10, 1994. and. amended, on March 4; 1994 variance relief is requested, for permission.. to..: extend. to., locate a new, single-family dwelling, with a 20 ft. setback from -the -westerly front : property lines at its closest point.. The,, face. of.. the house: - is angled, towards - the east/.northeast:. . with- variable setbacks .between. 20.<:.feet and, 53.. feet from the.. westerly ,front property line; and at - 98+- feet- from the southerly front property line. Included: in, this later.- application is a request for relief- to locate an. accessory swimming:., pool structure •in, the front -yard area•• to. the• south of the., proposed=..dwelling: with a setback < not- closer: than: 60• feet to. the southerly• (front) property line. 6. CODE REQUIREMENTS. In the,.Zoning, Code:.,Bulk-and Parking. Schedule,: the.:- setback requirements provided:.. for principal structures- in: the-R-120 Zone;--District are:- (a): front yard setbacks , at. 60. ft. from the front° property line; (b) 30 ft. side-yard; (c) 85:, ft. rear., yard setback, for lots situated in the R-120 Zone-District. Also, Section,. 100:-33 , of-• the-.Zoning Page.21 - Appl. Nos: 4218.,and.4220 Matter of JOHN E. 8 JUDITH STRIPP Decision Rendered June 13, 1994 Code, requires all:. accessory uses, buildings and, structures be located:- in ,the ,rear. yard•area-: 7. AMOUNT OF RELIEF REQUESTED. The;-relief- requested by this variance . application for. the location. of the—dwelling,,. at 20 feet from the � westerly front property line at . its.. closest point is substantialr� at 66`b. when compared, to. the � % ft. front yard setback code,. requirement. The relief- requested to.. locate an accessory swimming: pool structure -in the•-front- yard is -not substantial- since the.property does contain a significant., amount of - wetland and, unbu•ildable areas; and if the premises were "Waterfront," Section 100.-33C of: the zoning. code would.-allow. an accessory structure in a front yard at.. 60 feet (or more) from both.front property-lines:, - without the,need .for a ..var.•.iance. 8. CHARACTER- OF NEIGHBORHOOD. The -character of the neighborhood consists generally` of vacant lots; with the exception - that: to the.:west; across- "Private Road°, there is-. an accessory building: situated 20 feet, more or less; from the front property line and. another storage:. building, in- the.- same front yard. 9. ALTERNATIVES. The Board Members agree that the dwelling.- and. al[: activities- must be located; landward of:. the flagged wetland lines, established. by the • N.Y.S. Department- of.:,. Environmental Conservation-. However-; it is the--opinion- of the .Board- Members that, the:-design; of, the­dwelli-ng. can, be:. modified to accommodate a setback at_: 25, feet from the- westerly-front property line rather than. the requested 20 ft:, while maintaining� all:: other yard setback requirements and; the- 10% maximum, lot. coverage =limitation.; The .dimensions,-of: the.dwelling together. with deck area as shown on the--plan: submitted for consideration- are 8&:ft. in length and: variable.,depths,,of. up.to 40 feet. The - footprint • is shown to_ be 1720 sq:.. ft. (which excludes the 6 ,x 8 step, area at, the northerly end- to.. the deck). When bui:lt at. two stories, the—liveabte,,-floor•• area could: maximize:•to 3440 sq - ft`. The,•actual>_areas-of the•proposed dwelling- affected: by-this.- reduction,. are at.. the:.northeast .corners of the dwelling.. (approximately 6 x 7 ft. triangles-). In fact the building,:area for an..-accessory swimming..pool is,shown:at 40 ft. by 22. ft. - which, can also be reduced:. to. allow adjustments. for the affected corners of.-. the proposed dwelling,. 10. OTHER- CONSIDERATIONS. Under- this.,application, the property owners were informed of. archeological. concerns raised by the Fishers Island Conservancy and, the-, fact that: Charles Ferguson President- of the.. H.L.. Ferguson! Museum. on Fishers Island; that this land- contains . an archaeological - site• of American Indian origin. which has not yet been explored. Prior Page 22 - Appl. Nos:. 421.8 -and, 4220 Matter--of- JOHN -E. & JUDITH STRIPP Decision-Rendered. June-13, 1994 to. construction activities commencing at, this site,-. the owners have agreed to. cooperate:,-with:- the Museum. in exploring: these concerns and. in. order to . determine-- the , precise.: extent. and dimensions , of ancient American Indian remains : artifacts, etc. at, this isite. 11 . CONCLUSION. In considering-:. all: the above',. the Board also finds: (a) that the,- essential character of, the. neighborhood will be altered with a - setback� at:: 20 feet from -. the— front property line; (b) that the; relief. as: requested for the front yard setback of the. dwelling, is not the-.minimum>, necessary to..afford relief, to.the .applicants; (c) the difficulties-. claimed in= meeting-: the-60-. ft. front yard setback are uniquely-related to. the .land; (d) that- there ,-is an• alternative---available--which is . feasible: for appellants to.. pursue.,_for an, adjustment) in-• the- size and/or design of- the dwelling, as. noted above:;- and.: which will preserve, and protect the .character of the neighborhood; (e) in considering all, of the- above--factors;, the c interests of: justice. will be served by granting: alternative relief., as: conditionbily noted, below.. Accordingly on, motion=by Member Wilton; seconded by Chairman: Goehringer•, it was RESOLVED, to.. DENY the.,variance. requested for a setback at. 20 feet from the westerly front property .line; and. BE: IT FURTHER RESOLVED, to. GRANT alternative.--relief for the location of. a , principat-dwelling- at.,....no closers than.. 25. feet from the westerly- property line; SUBJECT to the : following conditions: a) Compliance with the lot coverage.-=limitation, at 10a4-of the code :and..all, other. code regulations; b) No further. reductions,.- in the westerly front yard setback to-less than�25 feet, c) Conditions set-forth-in :the-.N.Y.S. D.E.C. permit. shall be complied, with, and, additionally; hay, bales. shall:. be stockpiled on; the north and,-east, sides of the.-dwel.ling:.:area;:: and • . 'Page 23 - Appl Nos. 42.1.& and>42:20 Matter--of •JOHN—E. C JUDITH,STRIPP Decision, Rendered June•13,. 1994 the -east- side-of, the, swimming> pool area to..prevent erosion-:, and disturbance_ to nearby sensitive lands; d) No alteration- in they-, elevation, or,- contours on the remaining• areas.-.of the:-parcel= (except where the- dwel{ing: and pool- construction is .shown, on the map}, and, no,disturbance to . land areas on.. this parcel, or. near, . this parcel„ which are ,-of. archeological- or�-environmental,sign ificance: e) Pool water shall be removed from site an& properly disposed, of., or, properly placed: in a pool backwash, drywell, or cistern; f) Pool structure shall not be located,r arty-, closer than that- shown on the. map. with.: setbacks. of- 50+- €eet from= the westerly- front-property line,.r and: a ,minimum,of-60, feet from .the southerly front property line VOTE OF THE BOARD: Ayes: Messrs. Coehringer, Dinizio ands Wilton: (Members .Villal, and=:. Doyen were -absent:.) This resolution was.4duly-adopted:. There being no other business properly coming before the Board at this time , the Chairman declared the meeting adjourned . Respectfully submitted , i Linda Kowalski, Clerk Southold Town Board of Appeals . Approved �/ �, /94 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 9- HOUR _40 eV!,940i�0 Town Clerk, Town of Southold