Loading...
HomeMy WebLinkAboutZBA-07/14/1994 J _J �O OG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H ,? 53095 Main Road Serge Doyen, Jr. 1p P.O. Box 1179 James Dinizio, Jr. * O� Southold, New York 11971 Robert A. Villa ��lt �`a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING THURSDAY, JULY 14, 1994 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 THURSDAY, JULY 14, 1994 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Jr. , Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, ZBA Clerk-Secretary I. The following matters were held for PUBLIC HEARINGS. Please also see verbatim transcript prepared under separate cover and filed simultaneously with these Minutes for actual statements and discussions.) 7:30 P.M. Appl. No. 4250 - WILLIAM AND HELEN CHILDS. Variance to the Zoning Ordinance, Article III, Section 100-33C based upon the March 29, 1994 Notice of Disapproval from. the Building Inspector for permission to locate accessory garage with reduced front yard setback(s) on the corner lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard, and Mesrobian Drive. Street Address: 1780 Peconic Bay Boulevard, Laurel, New York; County Tax Map Parcel No. 1000-145-4-2.1 (prev. 1 & 2). Mr. and Mrs. Childs appeared in behalf of their application. (See statements made and discussions held during hearing in written transcript of hearing, prepared under separate cover and attached for reference purposes.) This 'hearing was recessed until August 11, 1994 pending inspection of an alternative location, when re-staked by owners, concerning the accessory i Page 2 - Minutes Regular Meeting of July 14, 1994 Southold Town Board of Appeals garage in the front yard with more distant setbacks from Peconic Bay Boulevard. 7:35 P.M. Appl. No. 4252 - DENNIS R. and ANN L. BANNON. Variance to the Zoning Ordinance, Article 111A, Section 100-30A.3, based upon the June 16, 1994 Notice of Disapproval from the Building Inspector, 'for permission to locate proposed addition with an insufficient rear yard setback. The subject premises contains a total lot area of approximately 12,300 square feet and is a corner lot. Location of Property: 855 Mary's Road, (a/k/a 645 Hamilton Avenue), Mattituck, N.Y. ; County Tax Map Parcel ID No. 1000-140-2-1. Officer Bannon appeared in behalf of his application. (See- verbatim transcript for actual discussion.) Following the hearing, deliverations and resolution was adopted granting the application as applied. Continued on next page. Page 3 - Appeal No . 4252 Application of DENNIS R . BANNON Decision Rendered July 14 , 1994 FINDINGS AND DETERMINATION Appeal No. 4252: Upon Application of DENNIS R. and ANN L. BANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 16, 1994 Notice of Disapproval from the Building Inspector, for permission to locate proposed addition with an insufficient rear yard setback. . The subject premises contains a total lot area of approximately 12,300 square feet and is a corner lot. Location of Property: 855 Mary's Road (a/k/a 645 Hamilton Avenue) , Mattituck, NY; County Tax Map Parcel ID No'. 1000-140-2-1. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their, testimony recorded <no opposition was entered>; 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, 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 identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 1; known and referred to as 855 Mary's Road (or 645 Hamilton Avenue) , Mattituck; *and consisting of Lot 36 and the southerly two-fifths of Lot 35 on the preexisting Subdivision Map of Garden Heights; (b) is nonconforming as to total lot area containing a total lot area of approximately 13,000 sq. ft. , uniquely with frontage along, three roads; (c) is improved with a single-family, two-story frame dwelling - with setbacks as more particularly shown on the Page 4 - Appeal No. 4252 Application of DENNIS R. BANNON Decision Rendered July 14, 1994 survey prepared July 24, 1963 by Otto VanTuyl & Son, Land Surveyors. The dwelling was built prior to 1957 - the date zoning was first enacted.. The applicants purchased the premises on September 19, 1975; and (d) is regulated under Section 100-244B of the Zoning Code pertaining to - lots with less than 20,000 sq. ft. {as enacted January 19891 . 2. By this application, appellants request approval for a new addition in the westerly (rear) yard area. The new addition is proposed at this time for an open deck and is requested to be 29 feet at its closest point from the westerly property line. Appellants have reserved the right to enclose . the deck in the future, by appropriate building permit application, for possible additional livable floor area. The proposed extension will not extend beyond the established northerly line of the house. 3. The code requirement for the rear yard setback on a nonconforming parcel of this size is set at a minimum of 35 feet for new construction, or at the established nonconformity - which presently is shown to be 33 feet, as built. 4. It is the position of the Board that the amount ,of relief requested for a reduction from the present 33 ft. setback to 29 feet due to the angle of the proposed deck addition is not substantial. (No other relief appears to be necessary for insufficient setbacks as shown on the sketch prepared by the applicants in this application. ) 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a four-foot variance, and the size of the deviation is de minimus; (b) a substantial change will not be produced in the character of the neighborhood; (c) the difficulty cannot be obviated by some method feasible for the applicant to pursue other than another variance; (d) in view of the manner in, which the difficulty arose and the fact that additional land area is not available for . placement of such an addition without a variance, the Page 5, - Appeal No. 4252 Application of DENNIS R. BANNON Decision Rendered July 14, 1994 interest of justice will be served by allowing the three-foot side yard reduction. (e), the applicant's difficulties are not self-created, and the location of the proposed addition is most feasible as chosen, which is a rear yard rather than one of the remaining front yards. (f) the difficulties are uniquely related to the layout and general character, shape and size of this parcel. and are not personal to the landowners; (g) in considering all of the above factors, the interests of justice will be served by granting this four-foot reduction in the westerly yard, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to GRANT the requested reduction for a setback of 29 feet in the westerly rear yard area for a new addition to the existing dwelling, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa, . and Wilton. This resolution was duly adopted. lk Page 6 - Minutes Regular Meeting of July 14, 1994 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:40 P.M. Appl. No. 4251 - MARILYN J. MORSCH. Variance to the Zoning Ordinance, Article , IIIA, Section 100-30A.3, based upon the June 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" wood deck addition with a side yard setback at less than the required 15 feet and less than the .total side yards required at 15 and 20 feet. The subject premises contains a (conforming) total lot area . of 40,409 square feet in this R-40 Low-Density Residential Zone District. Property Location: 630 North Sea Drive, Southold; County Tax Map* Parcel No. 1000-54-5-16. Following testimony, the hearing was declared closed (concluded), pending deliberations and a ' determination shortly after the hearings. 7:45 P.M. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. Re-Hearing pursuant to Resolution of Board of Appeals adopted June 13, 1994 to re-consider and re-hear appellants' variance application under Article III, Section. 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building Inspector, to locate accessory building/use in the ' front yard area. Location of Property: . 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. Following testimony, the hearing was declared closed (concluded), pending deliberations and a determination shortly after the hearings. 8:00 P.M. Appl. No. 4253 - JOHN and MARY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission to construct accessory garage building with an insufficient front yard setback at 580 Clearview Road, Lot No. 49 and part of 47 on the Development Map of Cedar Beach, Southold, N.Y.; County Tax Map Parcel No. 1000-90-4- 11.1. Following testimony, the hearing was declared closed (concluded), pending deliberations and a determination shortly after the hearings. . 9:05 P.M. Appl. No. 4254 - DEPOT ENTERPRISES, INC. Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, N.Y.; County Parcel No. 1000-102-2-12.1. Following testimony; the hearing was declared closed (concluded), pending deliberations/determination. II. DELIBERATIONS/DECISIONS, as follow: Page 7 - Appl . No . 4249-SE Application of SANFORD & SUE B . HANAUER Decision Rendered July 14 , 1994 ACTION OF THE BOARD OF APPEALS Appl. No. 4249-SE. Application of SANFORD AND SUE HANAUER. This is a . request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel Na. 1000-94-3-part of 1.7, also known and referred to as Lot No. 2 on the Subdivision Map of Robert and Jean Lenzer. WHEREAS, a public hearing was held on June- 8, 1994, at which time all those desiring to be heard were heard, in support of and in opposition to this application, and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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. REQUEST FOR CONSIDERATION: By this application, a Special Exception is requested for a "Bed and Breakfast" use on the applicants/owners' property known as 4105 Soundview Avenue, Mattituck, New York, for the rental of .two bedrooms over the existing garage area for lodging and serving of breakfast Jo not more than five casual and transient roomers. 2. SITE LOCATION: The premises in question is located along a private right-' of-way which extends from the easterly end of Sound View Avenue, Mattituck, as more particularly shown on the survey map last dated October 17, 1985, prepared by Howard W. Young, Land Surveyor. 3. LAND & BUILDINGS: The October 17, 1985 survey and an inspection by the Board Members shows that the subject premises is Page 8 - Appl. No. 4249-SE Application of SANFORD & SUE B. HANAUER Decision Rendered July 14, 1994 improved with a principal two-story (single-family) dwelling and separate garage area connected by breezeway-type construction, with setbacks at 194.4 feet from the front property line along the private right-of-way, 74.4 feet from the westerly side property line, and 20 feet from the easterly side property line. Parking for at least five (5) vehicles is available. 4. PERMITTED ZONE: This property is presently located in the 11R-8011 Residential Zone District and has an area of 2.8 acres. The principal use of the premises is and has been for single-family dwelling occupancy, which would not be changed by this proposed Accessory "Bed and Breakfast Use." 5. USE STATUS: Certificate of Occupancy No. Z-16211 dated September 29, 1987 has been submitted for the record showing that a private one-family dwelling and two-car garage and decks exist in conformity with all the requirements of the applicable provisions of the law for which the certificate was issued. ' The certificate was issued to the applicants-owners, Sanford and , Sue Hanauer, who acquired the property on June 25, 1984. 6. INTENT OF SECTION 100-31B(15): In considering this application, the Board Members personally visited .the site and personally viewed the layout of the dwelling, the garage unit, and the proposed Bed and Breakfast bedroom area over the garage unit. The Board found that the location of the proposed Bed and Breakfast bedroom area over the garage does not meet the code definition of "single-family unit" is not attached as an integral family unit. The g & g ' -area is distinctly separated by a .large breezeway and does not qualify as part of the "dwelling unit" due to the .breezeway. Since, the breezeway connection and the garage building do not meet the building construction standards for a livable floor area and does not encompass the entire living area of the family unit, the proposed location of the bed and breakfast rao:ms were found not to be a fundamental part of the family living unit. As such, this proposal does not meet the intent of this zoning code to place the bed and breakfast rooms, for renting and transient use, within the "owner-occupied" dwelling unit. 7. The Board further finds and determines that, due to its proposed location apart from the living unit: (1) 'the proposed use will create- a change affecting the orderly and reasonable use of legally established uses of adjacent properties' or of properties in adjacent use districts; (2) the proposed use will affect the safety, health, welfare, comfort, convenience, or order of the Town; (3) the use will not be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly, with regard to visibility, scale and overall appearance. Additionally, the Board has also. considered Section 100-264, subsections (a) through (p) of the Zoning Code. Page 9, - Appl. No. 4249-SE Application of SANFORD & SUE B. HANAUER. Decision Rendered July 14, 1994 Accordingly, on motion by Member,Dinizio, seconded by Member Villa, it was RESOLVED, to DENY (without prejudice) the applicants' request for a Special Exception for a proposed Bed and Breakfast Use, as shown on the plans submitted with this application, for the reasons stated above. Vote of the Board: Ayes: Messrs. Dinizio, Villa and Wilton.) Nay: Member Doyen and Chairman Goehringer. This .resolution was duly adopted (3-2). Pago 10 - Appeal No . 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered July 14 , 1994 Appl. No. 4235 (REHEARING). Matter of the Application of KIM FALLON and CYNTHIA SUTRYK. Re-Hearing pursuant to Resolution of Board of Appeals adopted June 13, 1994 to re-consider and re-hear appellants' variance application under Article III, Section 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building Inspector, to locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, . NY; County Tax Map Parcel 1000-94-2-5. WHEREAS, an application was made for a rehearing of Appeal No... 4235 by Cynthis Sutryk, and a resolution was unanimously adopted at a public meeting held on June 13, 1994, granting the applicant's requesting-for a rehearing for the reasons stated therein; and WHEREAS, after due notice, a public hearing and rehearing was held on July 14, 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 of fact: 1. The applicants under Appeal No. 4235 have requested a rehearing concerning their original application pertaining to a Variance from Article III, Section 100-31, and Article XXIII, Section 100-231, which requires that an accessory building be located in'a required rear yard due to misunderstandings .between the applicants, the Chairman and Board Members at the prior hearings pertaining to a restriction or non-restriction on the number of animals to be housed and permitted under the zoning ordinance and/or the variance..determination. The application for a building permit upon which this appeal. is based shows that the accessory (barn) building is proposed to be situated in the northerly (front) yard area. Page 11- Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered July ;41994 2. For the record, a determination was rendered on June 8, 1994 by this Board granting a conditional variance for the location of an accessory barn building and horse corral area, for the housing of two horses. This is a rehearing and new determination under that application. 3. The premises in question is located in the Agricultural- Conservation Zone District and contains a total area of five and 5.32 acres. This parcel is improved with two foundations, one for a new single-family pursuant to Building Permit No. 21929Z issued 3/4/94, and the other- for the subject accessory barn (for which no permits have been issued) located north/northwest of the dwelling foundation under construction. A survey dated and received May 3, 1994 shows the dwelling under construction a distance of 176+- from the easterly front property line (from the inner edge of a private right-of-way) and 122+- feet from the southerly property line. Using the surveyor's scale, the dwelling foundation is 310+- feet from the closest northerly .line and 170+- feet from the westerly property line, at its closest points. 4. For parcels of this nature with a private right-of-way extending the entire depth (483.46 feet) of the property as well as frontage along a town road (Sound View Avenue of 119.13 feet), the property is considered a corner lot with two front yards. Section 100-232 provides that the rear yard may be defined as "one yard other than the front yard to be a rear yard, and the other or other side yards. . . ." It is the position of the Board that the layout of the land as a corner lot lends to the difficulties in locating a permitted a accessory barn structure with corral area while at the same time meeting the yard and setback regulations and appropriate distances for housing of the horse(s). 5. For record purposes, it is noted that this building is proposed for accessory use incidental to and used by the residents and occupants of this dwelling, and may not be used for profitable or gainful purposes. By the grant of this variance, this building, as located in the front yard, may not be enlarged, re-located, or otherwise altered - except by additional application and formal review of the Board of Appeals and subject to further compliance with the codes in effect at that future time. 6. The use of the accessory barn is proposed for horses, which pursuant to Section 100-31(C-8) is a permitted accessory use, provided that such animals shall. not be housed within forty (40) feet of any lot line. The proposed building and corral area structure are shown to also be in conformance with the maximum height requirements pertinent to accessory structures at eighteen (18) feet.. <See code definition "height">. Page 12 - Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered July. 14 1994 7. The hearing record is lengthy and confirms opposition from owners of the adjacent (adjoining) parcels on the north and south sides of the applicants' property, and other concerns - some related to this project and some unrelated. Full consideration has been made of the entire hearing record by Board Members, and additional restrictions relating to the use and location of this barn and horse corral area have been made a condition of this variance. The neighboring residences to the north are approximately 120 feet from the proposed horse corral area and more than 260 feet between the accessory barn and other residences (north). The rear yards of the northerly neighboring parcels immediately abut the applicants' northerly front yards. The corral area and barn are for housing and keeping of the owners' two horses and a pony. 8. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property -. particularly since the code defines two yard areas to be front yards; (b) the relief is not substantial in relation to the requirements and will be distant from neighboring buildings and neighboring properties; the setbacks at its closest point is to the westerly property line at 54+- feet; (c) the variance requested does not involve an increase of dwelling unit or use density, and the use of the premises shall remain residential; (d) the relief requested . will not cause a substantial effect on available governmental facilities since the structure is a permitted use under• Section 100-31C, and will be. used only incidentally to the residents and occupants of the dwelling; (e) there is an alternative available for the applicant to .pursue by locating the accessory barn and corral area in the limited rear yard - which is that area closest to the southerly dwelling (Dr. R. Hariri) without a variance; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to the neighboring properties since additional requirements have been -imposed for compliance and extra efforts by the property owner. Page 13- Appeal No. 4235 Matter of KIM FALLON and CYNTHIA SUTRYK Decision Rendered July-- 14. 1994 NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to RESCIND the previous Resolution of this Board adopted June 8, 1994 under Appeal No. 4235; and BE IT FURTHER RESOLVED, to GRANT "a variance as requested under Appeal No. 4235 to locate a 24 ft. by 22 ft. accessory building in the northwesterly front yard area not closer than 54 feet from the westerly property line and 120 feet from the rear yard property of Parcel No. 1000-94-2-3 (now or formerly Kavlaris as per survey), and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The use of the barn and corral area shall be limited to an accessory use personal to the landowners and not for profitable or commercial use; 2. The the accessory barn is limited to. stalls for only two horses and a pony (or three horses, or three ponies); more than three will require a further hearing for reconsideration, after a new, subsequent application. 3. Any and all manure shall be stored and disposed of in a proper manner so as not to cause odor, fly infestation or other adversity to neighboring landowners. 4. There shall be no horse training services or riding instructions by the landowners (such as a riding academy-type use) to non-residents at the property; 5. The 100 ft. by 90 ft. horse corral (fenced area) shall be no closer than 120 feet to the northerly property line at its closest point, no closer than 200 feet to the easterly property line, no closer than 40 feet to the westerly property line, and shall not be located south of the dwelling foundation area. 6. The accessory playhouse building now situated in the front yard and presently under construction shall .be located to a proper position in the required rear yard prior to the issuance of any building Vote of the Board : Ayes : Messrs . Goehringer , Dinizio , Doyen , Villa , and Wilton . This reslution was duly adopted . , Page 14 - Appeal No . 4251 Application of MARILYN J . MORSCH Decision Rendered July 14 , 1994 FINDINGS AND DETERMINATION Appeal No. 4251: Application for MARILYN J. MORSCH. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" woody deck addition with a side yard setback at less than the required 15 feet and less than the total side yards required at 15 and 20 feet. The subject premises contains a (conforming) total lot area of 40,409 square feet in this R-40 Low-Density Residential Zone District. Property Location: 630 North Sea Drive, Southold, NY; County Tax 'Map Parcel No. 1000-54-5-16.. WHEREAS, a public hearing was held on July 14, 1994, at which time all persons who desired to be heard were heard and their testimony recorded <no opposition was received>; 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, 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) consists of a size of 40,409 sq. ft. with 100 ft. frontage along North Sea Road, Southold, and is located in the R-40 Low-Density Residential Zone District; (b) is improved with a single-family, one-story frame dwelling structure with additions, all as. shown on the survey dated March 15, 1994, prepared by Peconic Surveyors, P.C. which shows the principal building setbacks at 5.0 feet between the "subject" attached deck and the westerly property line, 20.0 feet from the easterly side property line and an existing wood deck, approximately 68 feet from the rear property line, and 270+- feet from the. front property line. Page 15- Appeal No. 4251 Application of MARILYN J. MORSCH Decision Rendered July 14, 1994 2. By this application, appellants, by their attorney, request approval for a reduction in the westerly side yard setback from the required 15 feet to the existing five (5) feet. The total setbacks for both side yards are also reduced from the required 35 feet to 20 feet, as built and shown on the March 14, 1994 survey submitted with this application. 3. It is the position of Board Members that the amount of relief requested is substantial in relation to the requirement, being a variance of 10 feet for the subject deck addition, or a variance of 66 0. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested reduction of ten feet from the westerly, side property line 'for the deck extension, "as built," with a setback at five (5) feet, SUBJECT TO THE FOLLOWING CONDITION: 1. There be: no further side yard reductions to less than that requested at 5 on the west side and 20 on the east side, for total side yards at 25 feet; 2. The deck remain as built and not be roofed or enclosed in any manner; 3. There'be no adverse lighting - all lighting must be shielded to the, ground to prevent annoyance or glare onto neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. Page 16 - Appeal No . 4253 Application of JOHN AND MARY WISSEMANN Decision Rendered July 14 , 1994 ACTION OF THE BOARD OF APPEALS Appl. No. 4253: Application of JOHN AND MXRY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission to construct accessory garage building with an insufficient front yard setback at 580 Clearview Road, Lot No. 49 and part of 47 on the Development Map of Cedar Beach, Southold, NY; County Tax Map Parcel No. 1000-90-4- Lot 11.1. The subject premises is a waterfront parcel containing a total lot area of approximately 45,000 sq. ft. (including low land subject to flooding) and is defined as a corner lot fronting along Clear View Road and a private right-of-way to the north. WHEREAS, after due notice, a public hearing was held on July 14, 1994, and at said hearing 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. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit for a detached accessory storage building located in a front yard area. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total area of 45,000+- sq. ft. This lot area is a merger of the old lots on the Map of Cedar Park, referred to as Lot 49 and part of Lot 47 (as combined). 3. The applicants' survey map of April 13, 1994, prepared by Roderick VanTuyl, P.C. shows an existing one story, single-family dwelling structure set back 37 feet from the northerly front property line along the private right-of-way, and set back 91+- feet from the northwesterly front property line along Clear View Page 17-- Appeal No. 4253 Application of JOHN AND: M A R Y `WISSEMANN Decision Rendered July 14, 1994 Road. The subject premises is a .waterfront parcel having frontage along Sandpiper Basin for which there is a setback distance between the ordinary highwater mark and the rear deck of 36 feet, at its closest point. 4. Proposed by this application is a 24 ft. by 24 ft. accessory garage in a front yard area which use will be for storage purposes incidental and accessory to the applicants-owners residence. 5. The rear yard for this particular parcel layout is that area closest to the highwater mark. This parcel is a corner lot with two front yard areas. (Corner lots are permitted to establish a rear yard in one of the remaining two side yards). The Board Members agree that the difficulties in locating an accessory storage building are uniquely related to the land for the reason that the rear yard is not feasible due. to the nature of the low elevations and land subject to flooding, and the highwater mark. 6•. Also noted is the fact that this building is proposed for accessory use incidental to the residence nature of the property for storage of the owners' miscellaneous items, lawn equipment and the like. The applicant is aware that this building may not be used, enlarged, or in the future converted for gainful purposes (such as living area, rental for non-owner storage, etc.), and/or not used as a separate principal use. 7 . The proposed building will be in conformance with the height requirements {one-story and less than 18 feet in height). 8 . It is the position of the Board in considering this application that: (a) the circumstances • are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards" - to the north of .the existing residence, and the remaining yard areas are not large enough and are not feasible, as noted above; (b) the relief is not substantial in relation to the requirements and will be at a distance of 19 feet from the front property line, to the north, at its closest point; (c) the variance requested does not involve an increase of dwelling unit or use density; Page 1.8- Appeal No. 4253 Application of JOHN AND M A R Y - WISSEMANN Decision Rendered July 14, 1994 (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for storage purposes incidental to the residence; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order 'of the town, or be adverse to neighboring properties; Accordingly,I on motion by Chairman Goehringer, seconded by Member Wilton, it was, RESOLVED, to DENY the location requested for the requested accessory building with a setback at 12 feet from the property line, and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF, approving the location of the requested accessory building at 19 feet from the front property line, at its closest point to the north of the residence, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building remain at one-story height, as proposed in this request; 2. The building may be adjusted in size to 22' x 24' to gain the extra two feet that are necessary to meet the 19 ft. setback distance from the front property line; 3. The building shall be rotated, on an angle parallel with the right-of-way property line to gain the distance needed to meet the 19 ft. minimum front yard setback near the existing concrete wall; 4. The exterior siding of the accessory building shall be aesthetically .pleasing and conforming to the natural surroundings of the area; 5. There shall be no utilities, as proposed in this request; 6. The accessory building shall be screened with lattice work and green ivy or similar perennial and plantings to camouflage building - adding new evergreens, and/or maintain existing evergreens, where needed to fill gaps, at least every three feet. All screening shall be continuously maintained at .all times. 7. No lighting shall be permitted which would be adverse or Page 19 - Minutes Regular Meeting of July 14 , 1994 Board of Appeals . (Appl . No . 4253 , WISSEMANN , CONTINUED : ) glare onto neighboring properties . Vote of the Board : Ayes : Messrs . Dinizio , Villa , Wilton , ` Doyen and Goehringer . This resolution was duly adopted . ACTION OF THE BOARD OF APPEALS Appl. No. 4254. Application of DEPOT ENTERPRISES, INC. Variance is requested under Article VII, Section 100-71C (ref. 100-31C=4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a' total lot area of 1.6+- acres. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their testimony recorded <no opposition was submitted during the hearing>; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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 application, appellant requests a reduction in the northerly yard setback for the repositioning of the existing double volleyball court, which volleyball court with outdoor lighting was previously considered by the Board of Appeals under Appeal No. 4157 on April 22, 1993. . The setbacks for the proposed repositioning of the double volleyball court are proposed to be reduced by eight feet from the original 22 ft. setback. 2. The most recent (June 6, 1994) site plan map was prepared by Anthony W. Lewandowski, Land Surveyor. Shown on this site plan is the new proposed addition which was considered under Special Exception No. 4244. That addition is proposed at 92 feet from the westerly front property line and 86+- feet to the northerly property line, which would protrude l 'Page 2 0- Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 onto the volleyball court area. The number of parking spaces is shown on the June 6, 1994 site plan to be proposed at 45. There are an .existing buffer between the northwesterly parking area and Depot Lane of,approximately 12-1/2 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area, or fence enclosure, must be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 3. The subject premises is known as 320 Depot Lane (and 293`25 Main Road), Cutchogue, Town of Southold, -New York, contains a total area of 1.63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special Exception 1985 the building was used as a dwelling and offices.) 4. At this time, the main building is under review for a final Certificate of Occupancy pertaining to a portion of the areas converted in 1985 from office and/or residential to its present use and pertaining to the restricted use of the second floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. (Note: .A site plan map dated 4-6-84 was approved previously and signed by the Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second floor be non-habitable.) 5. In considering this application, the Board also finds and determines: (a) that the essential character of the neighborhood will be not altered-- with a reduction in the setback of eight feet; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the . .difficulties claimed do not violate the setback schedule in the Zoning Code pertaining to accessory structures since the setback from the rear property line exceeds the 20 ft. requirement; (d) '' that there is no other alternative available which is feasible for appellants to pursue for the volleyball court, as noted above; Page 2 1- Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that permission is hereby GRANTED for the 8+- ft. setback reduction adjustment in the location of the volleyball court at the northerly setback, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 22 - Appl . No . 4247SE Application of HUGH AND CAROL *CONROY Decision Rendered July 14 , 1994 FINDINGS AND DETERMINATION Appl. No. 4247(SE). Application of HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an.Accessory. Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 100-30A.2B and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. WHEREAS, after due notice, a public hearing was held on June 8, 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 a proposed Accessory Apartment in the existing principal building as more particularly shown on the sketched map and floor plan submitted under this application. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total lot area of approximately 40,000 sq. ft. with 300.0 ft. frontage along the westerly side of Gin Lane, Southold. This parcel is also shown on the "Map of Bay Haven at Southold", part of Lot No. 1, acquired by the applicant-owners on August 30, 1988 by deed at Liber 10689, page 338. 3. The subject premises is improved with a one and one-half-story framed dwelling structure with lower garage area. The setbacks of the principal building footprint are. shown to be 52+- feet from the front property line, 63+- feet to -the northerly side property line; 163+- feet from the southerly side property line, and 48+- feet to the rear westerly property line, all .at 'Page 2,3 - Appl. No. 4247 Application of HUGH AND CAROL CONROY Decision Rendered July 14, 1994 occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur. 1) This conversion shall be subject to inspection by the Building Inspector and Renewal of Certificate of , Occupancy annually. m) The existing building which is converted to permit this accessory apartment shall have a valid Certificate of Occuapncy issued prior to January 1, 1984. n) The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 (Zoning) of the Town Code of the Town of Southold. o) This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. 2. The side entrance shall, however, be limited to a deck or platform area not, exceeding a size of 10 ft. by 10 ft. , plus stairs to the second floor; 3. The side stairway entrance and platform deck area shall remain open and unroofed (or, in the alternative, a rear stairway may be permitted instead of at the side location for the stairs); 4. There shall be no other outside stairway for either unit; other than the single outside stairway requested. 5. 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, Doyen, Dinizio, and Wilton. (Nay: Member Villa - felt that this project was against the character of this planned community and established development.) This resolution was duly adopted (4-1). `Page 24 - Minutes Regular Meeting of July 14, 1994 Southold Town Board of Appeals III. RESOLUTIONS/MISCELLANEOUS: A. Inquiries: 1. . From Stephen L. Ham, Esq. for proposed new project which may affect lot-line variance granted Re McGeeney .and Rodenbach, property at Fishers Island. Both letters and ZBA draft response was approved, as follows: . . .Stephen L. Ham III, Esq. 45 Hampton Road ,Southampton, NY 11968 Re: Your Letters of July 12th and July 13, 1994 Inquiry Concerning Properties of McGeeney & Rodenbach Dear Mr. Ham: Our office has reviewed your communications with reference to a new proposal to file an application. It does appear that the project will be not conforming with the zoning code and which will not conform to the lot-line variance and pending re-division application before the Planning Board, however, more information will be necessary - which is reviewed through an appeal process and public hearing only. Zoning, as you may know, does not encourage more than one dwelling on a parcel, or new construction near a dividing property line, particularly where there are two different property owners. You may follow the same course of procedure as other applicants by filing an application with the Building Department, obtaining an appropriate Notice of Disapproval, and filing an appeal with the Board of Appeals in order that a public hearing may be held and full review made. Not only will a new variance application be necessary, it may also be necessary for us to reopen the lot-line variance application since the circumstances are changing. (The lot-line variance previously rendered does not change the normal procedure required for appeals on building and zoning matters.) In checking with Robert Kassner of the Planning Board office today, we were informed that you may need to re-file new maps with the changes. since their approval was based upon the two buildings being removed. . . • 'Page 2 5 - Minutes Regular Meeting of July 14, 1994 Southold Town Board of Appeals (Agenda Item III-A(2)). 2. Re: Matassoni and Valentine. Building Department has received an application to locate an accessory gazebo structure in lieu of the dwelling originally proposed, and asks whether ZBA will require a modification of its determination for a gazebo instead of a dwelling. The Board Members were all agreeable to. the modification. B. Calendar Updates/Reminders confirmed (as of today's date): 1. Committee for Code Reviews to meet Tues, 7/19. 2. ZBA Regular Meeting August to be 8/11. C. A copy of the sample "Notice of Posting" was shown to the Board Members. Printing of same was recommended, and one original is to be furnished to the applicants for posting by them at least 10 days prior to the hearing date'. (A purchase order was pending with the Supervisor and Accounting Offices for approval on the order. It was expected that the Notices would be printing by the supplier in about 30 days. D. Proposed "merger analysis" provision. Comments were expected to be received by Board Members for recommendations or suggestions by the August 11, 1994 meeting. There being no other business properly coming before the Board at this time, the meeting was declared adjourned. The meeting adjourned at approximately 10:00 p.m. Respectfully submitted, �Kowals Clerk d . � � 9y Board of Appeals --'Approved 8/11/9 RECEIVED AND FILED BY\; THE SOUTHOLD TOWN CLERK DATE ?///a 15-A .HOUR 9 Town Clerk, Town of Southold ;t,