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HomeMy WebLinkAboutZBA-09/10/1992 i 7 APPEALS BOARD MEMBERS O��$SFFOI/( SCOTT L.HARRIS y. G Gerard P.Goehringer,Chairman = y�c Supervisor cz Serge Doyen,Jr. CIO Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. 4 � � Southold,New York 11971 Robert A.Villa. Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD M, INUTES REGULAR MEETING THURSDAY, SEPTEMBER 10, 1992 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, SEPTEMBER 10, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Jr. , Member James Dinizio, Jr. , Member Robert A. Villa, Member Linda Kowalski, Board Clerk Also present were approximately 15 persons at the beginning of the meeting. * �k The Board took a Moment of Silence for Board Member Charles Grigonis, Jr. This is the first Regular Meeting in session since his passing. (See formal resolution-proclamation adopted by the Board of Appeals at its August 18, 1992 Special Meeting. ) The Chairman opened the meeting at 7:30 p.m. and proceeded with the items first-listed on the agenda, as follow: I. PUBLIC HEARINGS: (Note: Verbatim transcript of each hearing has been prepared under separate cover and is attached for reference concerning all statements or questions made during the hearings) . Unless otherwise noted,• each hearing was concluded (closed) and deliberations continued either later in the meeting or a subsequent meeting. Public Hearing: (Agenda Items #I-1) . 7:35 p.m. Appl. No. 4122 - ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIX, Section 100-239.4B, for permission to construct deck addition within 75 Page 2 - Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals feet of the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject premises is substandard in size and is located in the R-40. Zone District. Agenda Item II-A(1) : SEQRA Coordination concerning the BEACHCOMBER MOTEL at Duck Pond Lane, Cutchogue to, add 86 new Units in eight (8) motel buildings. The Chairman assigned this project to Member Villa for his suggestions before the Chairman sends comments to the Planning Board. It is believed that this project has now been accepted as a complete application for site plan approval by the Planning Board. PUBLIC HEARINGS, continued: (Agenda Items I 2-9) Except as may be otherwise noted, the following hearings were concluded (closed) , pending deliberations until either later in the meeting or at a later time. 7:40 p.m. • Appl. No. 4124 - DR. AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or bank, and Article III, Section 1.00-33 for approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-73-4-3. 7:52 p.m. Appl. No. 4125 - GREGORY POULOS. ' Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area) , all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. 7:55 p.m. Appl. No. 4126. - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance-1 Article III, Section. 100-33 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which .was approved under ZBA Appl. No. 2332 •on 8/29/77) . Location of Property: 725 Terry Lane (just north of the Southold Park District) , Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. ' Page 3 Minutes Regular Meeting of September 10, 1992 Southold Town 'Board of Appeals 8:03 p.m. Appl. No. 4121 - FLOYD KING and ISLAND'S END GOLF CLUB. Variance to the Zoning Ordinance., Article III, Section 100-33 for permission to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. 8:27 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance to the Zoning Ordinance, Article. XXIII, Section 100-239. 4 for approval of deck area as exists at the top of bluff stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53 . 8:35 p.m. Appl. No. 41195E - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant) . Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25) , Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30) . 9:05 p.m. Appl. No. 4127 - THE NORTH FORK BANK & TRUST COMPANY. Variance to the Zoning Ordinance, Article IX, Section 100-92 for permission to construct addition with an insufficient front yard setback along Sound Avenue. Location of Property: 750 Pacific Street at intersection with Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-144-4-24. Subject premises is located in the Hamlet-Business (HB) Zone District. End of public hearings. See verbatim transcripts of hearings prepared under separate cover by part-time typist (Jane Ritter) and attached for future reference purposes. II. {Agenda Item II A(2) } . MISCELLANEOUS/UPDATES/RESOLUTIONS Page 4 - Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals A. SEQRA Coordinations - Discussion/Reply: 1. Site Plan (pending with PB) - Beachcomber Motel to add 86 New Units in 8 Buildings 45.6 acres at Duck Pond Lane, Cutchogue. This project was discussed, and the following response was authorized by all the members: TO: Southold Town Planning Board (Attn: Chairman) FROM: Board of Appeals DATE: September 14, 1992 RE: Your SEQRA Coordination of 8-18-92 Site Plan - Aliano, Krupski & Others at Cutchogue CTM Parcels 2, 17 (& 1) of Section 83 , Block 2 This letter is in response to your coordination letter dated August 18, 1992 and to confirm that we have no objection to your assuming lead agency status. At this time, however, we feel it is important to furnish the following as part of the record for your information and update, particularly in light of information received from the applicant that a preliminary conference has not been held before the Planning Board, or with the Building Inspector, as of this stage of the project: MOTEL UNIT DENSITY: The properties under which the site plan is being requested involves three parcels which have not as yet been combined as one parcel under zoning. The parcels which are distinctly separate at this time are: Parcel 41, Section 83, Block 2 is shown to be in the ownership of Pond Enterprises, Inc. and is improved by motel units. This parcel consists of approximately two (2) acres in size.. The normal. allowable density without public water and sewer per Art. DTI (100-61) is 14.5 motel units. Parcel 42, Section 83, Block 2 is shown to be in the ownership of Patricia Krupski and is improved with a one-story main structure with porch and accessory swimming pools. The area of this parcel is 11. 8+- acres of which approximately 10 acres may be in the RR Zone. The normal allowable density without Page 5 - Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals public water and sewer per 100-61 is 72.7 motel units. Parcel *3, Section 83 , Block 2 is shown to be in the ownership of Nicholas Aliano and is improved by a principal structure and accessory buildings. The area of this parcel is: 31. 6+- acres as persurvey furnished to the Assessors Office, of which 4+- acres may be in the RR Zone. The normal allowable motel unit density for this parcel would be a maximum of 29+- motel units. ***The total areas noted above for Parcels 1, 2 & 3, should total 45. 5+- acres, although approximately 14.1 acres is located in the RR Zone and the remaining 31+- acres in the A-C Zone. The normal allowable motel unit density if Parcels 1, 2 and 3 are merged under zoning into one tract would be not more than 116. 22 units for the RR Zone District land areas. The total number of units for is proposed at 122 which exceeds the above figures. Please note that the density calculations will be applicable to each parcel, as exists and the limitations are noted above. The total density in excess of that as authorized for each parcel will not be authorized under the Special Exception until such time as either a merger by deed and/or town covenants in legal form recorded with the Suffolk County Clerk are accepted by our office (and as may be required by the County) (and submitted by the applicants,. Patricia Krupski and Nicholas Aliano as individual property owners for the land areas which are under the proposed expansion. In the interim, the following questions are raised at this time and our office shall reserve further comment until responses to these items are confirmed in writing: a) what is the intent of use for that land area labeled "C-2" owned by P. Krupski and land area labeled "B-2" owned by N. Aliano - particularly since it is located in the A-C Zone District. b) If dwelling uses are proposed ,for the land area in the A-C Zone District, please confirm number of units for dwelling use and whether it will be by cluster subdivision or major subdivision. If none, please Page 6 - Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals confirm. Covenants will be required by the Town for these land areas as well. c) Copies of Certificates of Occupancy for all principal buildings and all accessory structures and buildings is requested at this time as part of this project review. Please furnish our office with copies of same. d) Questions may be forthcoming concerning the existing and proposed future uses of the buildings within the A-C Zone. Please furnish map to show the buildings in this land area and confirming the acreage of land in each ownership and in each. zone district for each owner. 2.. Site Plan Pending - Tartan Oil at Mattituck Discussion/Reply. - No concerns since traffic study and town engineer department' s recommendations have been submitted to the Planning Board file. III. Updates for next hearings calendar, etc. : A. Appl. No. 4128 - BREWER YACHT YARD AT GREENPORT, Special Exception for Accessory Snack Bay or simiar food service for existing marina and boatyard patrons. Site plan reviews have been pending with Planning Board. Maps appear to be drawn to site plan elements of P.B. Manhanset Avenue and Sandy Beach Road, Greenport. Zone: MII. Coordination letter was sent. ZBA awaits Planning Board response pursuant to coordination requirements of the Code at Section 100-254 (site plan review coordination steps) . B. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. Existing deck near bluff and sideyards. Aquaview Ave, East Marion. (Town Trustees' action expected 9/92) . C. Add-on new applications filed prior to advertising deadline, to be furnished for board member inspections packets by Wednesday. Page 7 - Appl. No. 4125 Matter of GREGORY POULOS Decision Rendered September 10, 1992 ACTION OF THE BOARD OF APPEALS Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area) , all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District.. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two" ; County Tax Map. Parcel No. 1000-15-3-3. WHEREAS, a public hearing was held on September 10, 1992, 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.- 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 application appealing the August 20, 1992 Notice of Disapproval by the Building Inspector for relief under Article XXIII, Section 100-239. 4 for permission to locate a proposed open deck addition to existing dwelling. The setback proposed for the new deck addition is shown by the applicant to be not less than 70 feet from the top of the bluff/bank. 2. The subject parcel contains a total lot area of 24,745+- square feet with frontage of 100. O feet along the north side of Sound View Road .and 246. 91 feet along the westerly property line (shown as Ryder Landing) , as per a survey prepared by Roderick VanTuyl, P.C. dated April 11, 1980. 3. The land is improved with a two-story, one-family frame dwelling situated 40 feet from the front (southerly) property line at its closest point, 10 feet from the westerly property line, 29+- feet from the easterly side property line, and 85+- feet from the top of the bluff/bank of the L.I. Sound. 1 Page 8 - Appl. No. 4125 Matter of GREGORY POULOS Decision Rendered September 10, 1992 4. The new open deck area is proposed to be a partial wrap, around the northerly six-sided section of the existing dwelling. The new deck is shown to be an extension from the north side of the house by 12 feet. The total distance requested in the application is 70 feet from the top of .the bluff to the steps (see sketched-in survey submitted by the builder, Blair Dibble, in behalf of the applicant) . 5. Upon inspection, it was noted that the setbacks to the bluff in the area are similar to that proposed by this application. It should be understood that in the event there is (rain or snow) water runoff towards the bluff, it will be necessary for the owner to provide for surface piping and/or drywells landward of the house to retain the water runoff and aid in the prevention of drainage towards the bluff. 6. Article XXIII, Section 100-239. 4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 7. For record purposes, the following information is noted: (a) other agency-'approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, etc. ) . (b) a variance was rendered December 21, 1978 by the Southold Town Board of Appeals for a reduction in. the westerly (front) yard area, as exists for this dwelling structure. (c) the subject parcel is identified as Lot No. 45 on the Map of "Orient-By-The-Sea, Section II, " Map No. , 3444. 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code .regulations in other , yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of construction is- proposed to be at a setback similiar to and Page 9 - Appl. No. 4125 Matter of GREGORY POULOS Decision Rendered September 10, 1992 landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance. will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, -the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not Mess than- 70 feet for a proposed open deck addition in the Matter of the AppEAL No. 4125 (Poulos) , SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times, as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type' (no pole lighting) , shielded to prevent glare from the site. Vote of- the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. lk ' Page 10- Appl No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 r ACTION OF THE BOARD OF APPEALS Appl. No. 4114.. . Upon Application of GEORGE TSAVARIS. A Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion; NY; Pebble Beach Farms Filed Map No. 6266, Kot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on September 10, 1992, 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; 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 application appealing a Notice of Disapproval issued on April 1, 1992 by the Town Building Inspector on the grounds that the subject "accessory deck. . .is less than 100 feet from the bluff," and requesting a setback variance' under Article XXIII,' Section 100-239.4 for approval, as exists. 2. The premises is known .as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to. the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner, " play area and (subject) deck landward of the top of the bluff. There .are steps sloping down the bluff to the beach area at the bottom of the bluff. 3 . Article XXIII, Section 100-239.4A of the Zoning code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of - a. Page 11 - Appl'. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. Correspondence dated June 18, 1992 has been received from the office of the Town Trustees confirming that the subject deck is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97) . 5. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation ,and have been assured that "the structures are not in violation of the permit issued August 18, 1989 under DEC No. 10-89-0394. 6. For the record, the following additional information is noted: (a) the height of the accessory deck is approximately 18 inches from ground to top of deck, and the posts are approximately four ft. deep in the ground; (b) the diameter of this deck is 25 feet, and there is an outer stairway with three steps from ground level; (c) there are cedar trees existing along the easterly side property for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) this application is strictly for- the accessory deck at the top of the bluff stairs and is not and will not be physically attached to the house or any other structure: 7. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to similarities existing generally in the neighborhood and along the Long Island Sound bluff; (b) stairs and platform/deck areas are necessary to gain access to the beach and water area below. the bluff for which N.Y.S. Department of Environmental Conservation approval was issued; (c) it is not uncommon for parcels along the Sound bluff to require variances for a minor accessory structure or stair accessways within 100 feet of the .bluf-F Page 1.2 - Appl: No. 4114 Matter of GEORGE TSAVARIS Decision Rendered' September 10, 1992 (d) prior to the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code) {Spring 19851 , Notices of Disapproval and/or building permits were not issued by the Building Department and therefore no appeal process was followed for variances under this provision. of the zoning code; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the. landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative -feasible for appellants to pursue other than a variance; (h) the amount of relief requested will not in turn be adverse to the safety, health,. welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (i) the variance will not cause a substantial effect on governmental facilities; '(j ) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. 8 . Upon inspection, it is was noted that the bluff is heavily vegetated, some of which is weed growth. There are shrubs, tree and viney growth throughout the bluff face. .- The yard shopes south towards the dwelling and is well vegetated in turf grasses. The bluff areas for this property and other . properties to the east and west have no toe stabilization. It does not appear tht the high tide reaches the toe area of the bluff. In the event bare spots should become visible, then they should be planted to 'Cape' American beachgrass, 'making sure not to disturb any other existing vegetation as per report of the Suffolk County Soil and Water Conservation District Office dated July 29, 1992. 9 . For the record, it is noted that this determination shall not affect the .validity of, or more stringent requirements by, other agencies (Town Trustees, DEC, etc. ) . Accordingly, on-motion by Mr. Goehringer, seconded by Mr. Villa, ' it was • r Page 13-. Appl. No. 4114 Matter -of GEORGE TSAVARIS Decision Rendered September 10, 1992 RESOLVED, to grant the relief as requested under Appl. No. 4114 in the Matter of the Application of GEORGE TSAVARIS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no adverse physical disturbance to or close to the bluff areas; 2. That there be no change in location or structural modification of the existing sun deck -- deck shall remain the same. 3. . That there be no canopy or roof; 4. That there- be no pole lighting (only shaded fixtures when needed for lighting-safety purposes) . Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, and Villa. This resolution was duly adopted. Page 14- September 10, 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4126: DONALD AND JEANNE KURZ. Request for variance to the Zoning Ordinance, Article III, Section 100-33 to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77) . Location of Property: 725 Terry Lane (just north of the Southold Park District) , Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. WHEREAS, after due notice, a public hearing was held on September 10, 1992, and at said hearing 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. This is an appeal of the August 18, 1992 Notice of Disapproval by the Building Inspector for a variance to build a .. new detached garage in the front yard area of this 28,700+- sq. ft. nonconforming parcel. 2. The premises in question is located in the R-40 Low-Residential Zone District. The survey submitted with the application shows that the premises is improved by a one-story frame dwelling with attached garage, and the setback for this principal building is shown on this May 29, 1990 survey to be . 122.3 feet from the front westerly property line (along Terry Lane) .' For the record, this parcel is shown as Lot #5 on the Minor Subdivision Map of 011ie Overton approved by the Town of Southold on or about July 18, 1972, and is identified on the Suffolk County Tax Maps as Parcel #17 of District 1000, Section 65, Block 1. 3. The plan submitted for consideration shows the building to be of a maximum size of 24 ft. wide by 36 ft. deep. The Page 15- September 10, 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals building will be limited strictly for storage purposes accessory and incidental to the owner-applicant's residence. This building may not be used or operated as a principal use such as a business, residence or other type of habitable unit, or for similar gainful purposes (such as rental for non-owner storage, etc. ) . 4. The location of this accessory garage building is requested at 23+- feet from the northerly property line and 10 feet from the side property line which appears 'to be the same location of the existing 10 x 10 accessory shed. It' is noted that the existing accessory shed was the subject of. a prior conditional approval rendered by the Board of Appeals September 15, . 1977. That variance required minimum setbacks from all property lines at not less than 15 feet. 5. The height of this building is proposed at between 20 and 21 ft. maximum from ground level to peak. This building will not be two-stories and is more particularly shown in detail. on the construction diagram submitted with this application (prepared by Ron Morizzo Builder, Inc. ) . 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; the rear yard area is technically that area between the dwelling and Southold Bay {Town Harbor} , which is low in elevation; (b) there is no method feasible for appellant to pursue other than. a variance - particularly since the property is a nonconforming lot on Southold Bay and will -require possible variances from the Town Trustees and N.Y.S. Department of Environmental Conservation under the wetland ordinances. (c) the relief is not substantial in relation to the requirements; (d) the variance requested does not involve any increase of dwelling unity density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the. owner' s own lawn and . other items; (f) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; Page 16- September 10, 1992 Appl. No. 4126 - .DONALD AND JEANNE KURZ Southold Town Board of Appeals (g) 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 since the proposed building will be substantially setback from the front property line at 25 feet l or more) . Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance to locate a 24 ft. wide by 36 ft. deep accessory garage/storage building in- the 'frbnt yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line not be less than 15 feet as conditioned by the previous variance;. V ' 2. That the setback from the front property line not be less than 25 feet; a 3. That the building be. limited ' to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes) , etc. 3. That the building height from ground to top (peak) not exceed 20 feet; 4. That there be no cooking facilities or utilities other "than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions 'of the code in this R-40 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. Page 17 - Minutes f Regular Meeting of September 10, 1992 Southold Town Board of Appeals Appeal No. 4127: Upon application filed by THE NORTH FORK BANK•& TRUST COMPANY for a variance to the Zoning Ordinance, Article IX, Section 100-92 for permission to construct addition with an insufficient front yard setback along Sound Avenue. Location of Property: 750 Pacific Street at intersection with Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-144-4-24. Subject premises is located in the Hamlet-Business (HB) Zone District. WHEREAS, a public hearing was held on September 10, 1992, and at said hearing 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, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the Hamlet "HB" Business Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 4, Lot 24, and contains a total area of approximately 51,226 sq. ft; (b) is improved with a principal one-story stucco building having been used as a banking and mortgage company,' and a separate stucco garage building used for accessory storage and garage purposes incidental to the main use of the premises which is located in the southerly (rear) yard area. {See survey revised on September 18, 1989, prepared by Young & Young, L.S. } (c) the setbacks of the existing principal building are presently 21 feet from the northerly property line, 23 feet _ Page18 - Appl. No. 4127 Matter of NORTH FORK BANK/HUMAN RESOURCE CENTER Decision Rendered September 10, 1992 i from the northerly concrete curb, 29.8 feet from the westerly front. .property line, 39 feet from the westerly concrete curb, 42. 8 feet from the easterly property line, .and 177+- ,feet to the southerly property line, all at its closest points. 2. The application before the Board is related to the recent occupancy by the Town of Southold of the Nutrition Center, or Human Resource Center, (which has been relocated from its site at St. Agnes Hall in Greenport) and involves an expansion extending 14 feet from the existing closest setback, and 24 feet from the further setback. This expansion is specifically necessary for this Town Service Center; and will be a kitchen work/food-service area, and two lavatories. The application is being made for the Town of Southold by the North Fork Bank. & Trust Company. It should be noted that if the acquisition of this property by Town of Southold was finalized .by this date, the Town would have been exempt from the zoning setback requirements. Due to time constraints, the Bank is assisting the Town in its efforts to acquire and occupy the premises with the new extension. 3. For the record, it is also noted: (a) that the yard area which is the subject of this variance is at the northerly side of the principal. building; (b) that the setback proposed for the new kitchen area is shown to be approximately 13 feet from the existing .. concrete curb along Sound Avenue (also known as the old North Road) approximately 80 feet from the existing concrete curb along Pacific Street to the west. (c) that there are other front yard setbacks .to the west and to the south, in the immediate area of this property, which have similar reduced front yard setbacks; (d) that the allowance of an addition at the northerly front yard area, as applied, will not be adverse or create a dangerous or adverse conditions, and will not interfere with visibility or manueverability along these side streets; (e) that the aesthetics of .the front yard area will not be changed since. the addition will not exceed one-story height (variable 14-17 feet) , the front yard landscaping will remain and will be a non-traffic area; and the parking area will remain located at the south of the principal building with dual access points (from Pacific Street and from Sound Avenue at the northeast side of the building) , as previously existed and still exists. Page 19- Appl. No. 4127 Matter of NORTH FORK BANK/HUMAN RESOURCE CENTER Decision Rendered September 10, 1992 (f) the new floor area for this extension is shown to be 1120+- square feet. The existing floor area of the building is shown on the town records to be 4965+- square feet. 5. In considering this application, the Board also finds': (a) that the relief, as, conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the reli'of herein will not be an increase in density, or cause a substantial effect on available governmental facilities; (d) that although the amount of relief requested is substantial in relation to the requirements, the setback will be similar to others existing in the area; (e) in considering all of the above factors, the interests of justice will be served by granting the relief as requested. Accordingly, on motion by Mr. Goehringer, seconded by - Mr. Villa, it was RESOLVED, to GRANT a variance for a proposed one-story kitchen addition as applied and shown on the plans prepared for the Southold Town Human Resource Center (Nutrition Center) by the Southold Town Engineering Department dated May 22, 1992, subject to approval of the- Town Building Inspector under all state building and construction codes. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa.. This resolution was duly adopted. Page 20 - Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals RESOLUTION SCHEDULING PUBLIC HEARINGS FOR OCTOBER 15, 1992: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to authorize advertisement of the following matters in the official newspaper of the Town of the following public hearings to be held on THURSDAY, OCTOBER 15, 1992, at the Southold Town Hall, 53095 Main Road, Southold, New York: ( 1) 7:32 p.m. Appl. No. 4130 - D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 " Skunk Lane (a/k/a Bay Avenue) , Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3 . 1. This parcel is located in an "R-40 Low-Residential" Zone District. ( 2) 7:36 p.m. Appl. No. 4129 - ROBERT AND RUTH KELLEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct deck extension (includes widening of existing stoop area) . The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District) ; County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. ( 3) 7:40 p.m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck extension with screened-in enclosure (includes widening of existing deck and step areas) . The existing deck and steps are, and the subject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 200 lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Location of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3. 1. This improved parcel is substandard in size and is located in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 - ANTONE VOLINSKI. Variance to the Zoning Ordinance, Article III, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Location of Property: Westerly Side of Middleton Road, Greenport, NY; County Tax Map Parcel. No. Page 21- Minutes Regular Meeting of September 10, 1992 Southold Town Board of Appeals (RESOLUTION to advertise, continued: ) 1000-40-5-6. This improved parcel is substandard in size and is located in the "R-40" Zone District. (5) 7: 58 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C) " Zone District. ( 6) 8:15 p.m. Appl. No. 4128 - BREWER' S YACHT YARD AT GREENPORT, INC. Special Exception under Article XII, Section 100-121B(1) for permission .to establish accessory food services for its marina patrons as an amenity. Location of Property: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9. 5+7 acre parcel is improved and is located in the "Marine-II" Zone District. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa, consisting of all four members of the Board at this time. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda Kowalski io•��•!�- Board Clerk and Secretary Approved - Ge P. oehr' ger RECEIVED AND FILED BY Chairman THE SOUTHOLD T: V114 CIETIiK DATE a f3 Jq3 1-10UR 9: 0 0 Town Cleric, Town of Sou681d