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HomeMy WebLinkAboutZBA-10/18/1993 �gpFFO�,�c APPEALS BOARD MEMBERS �O�' OG SCOTT L.HARRIS $� Supervisor Cz Gerard P.Goehringer, Chairman co Z p Town Hall, 53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. 'y p� P.O. Box 1179 Robert A.Villa l �a Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING MONDAY, OCTOBER 18, 1993 7:15 p.m. Work Session - Reviews of pending applications. (No action was taken. ) 7: 30 p.m. Regular Meeting - Call to Order by Chairman. A Regular Meeting was held by the Southold Town Board of Appeals on MONDAY, OCTOBER 18, 1993 commencing at 7: 30 p.m. at the Town Hall, 53095 Main Road, 'Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member. James Dinizio, Jr. , Member Richard C. Wilton, Member Harvey A. Arnoff, Town Attorney Linda Kowalski, Clerk of the Board Absent was: Robert A. Villa, Member (out-of-town) I. PUBLIC HEARINGS were held, noted as follows: 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to -the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct garage addition with a reduced westerly side yard at less than the required. 10 feet, and total sideyards at less than 25 feet. Location of Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The subject premises is a nonconforming, substandard lot having an area of approximately 18,500 square feet, located. in the R-40 Low-Density Residential Zone District. Mr. and Mrs. Cyprus appeared in behalf of their application. No objections were received. (See board determination, noted as follows: ) • F . Page . 2 - Appl. No. 4193 Matter of NICK CYPRUS Decision Rendered October 18, 1993 FINDINGS AND DETERMINATION- Appeal No. 4193: Application for NICK CYPRUS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct garage addition with a reduced westerly side yard at less than the required 10 feet, and total sideyards at less than 25 feet. Location of Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The subject premises is a nonconforming, substandard lot having an area of approximately 18,500 square feet, located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on October 18, 1993, at which .time those who desired to be heard were heard and their testimony recorded (no opposition was received) ; and WHEREAS, the Board has carefully 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 a parcel of land shown on the Map of Captain Kidd's Estates as Lot No. 43 (and 1/2 of as Lot No. 42 and 1/2 of Lot No. 44) , which parcel of land is situate along the northerly side of Sound Beach Drive, at Mattituck, containing a total lot area of 24,437+- sq. ft. ; (b) is improved with a single-family, one-story frame - dwelling structure set back approximately 77 feet from the southerly front property line along Sound Beach Drive, 15 feet from the side (easterly) property line, approximately 70 feet from the northerly (rear) property line, and 27 feet from .the subject side yard area to the west. The dwelling structure was built during 1985, and an addition- was added in early 1992. r Page 3 - Appl. No. 4193 Matter of NICK CYPRUS Decision� Rendered October 18, 1993 (c) is regulated by §106-244 of' the Zoning Code as it pertains' to less having more than 20,000 sq. ft. and less than 40,000 sq. ft. of land. area which was enacted in January 1989. 2. By this application, appellant has requested approval for a reduction in the westerly yard for a 20-foot extension beyond the existing outer side wall of 'the dwelling which will leave a setback of between 6-1/2 'and 7 feet. The total -setbacks would be 22+- feet. 3 . The code requirement for a nonconforming parcel in this R-40 Zone District is 1.0 feet, with total sideyards 'at 25 feet. 4. It is the position of. the Board that the amount of relief requested is not substantial in relation to the requirement, being a variance of three feet: No other side yard would be.- reduced; and the addition is proposed as garage and storage area to be constructed over an existing concrete patio. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs. the applicant's difficulties for a three-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, the interest of -justice will be served by allowing the three-foot side yard reduction. (e.) the applicant's difficulties are not self-created and are uniquely related- to the layout and general character, shape and size of this parcel; (f) in considering all of the above factors., the interests of justice will. be served by grantin4 A reduction in the easterly yard setback from the permitted 10 feet to 7 feet (or 6-1/2 feet if- needed for overhangs or minimal adjustments) , as requested. Accordingly, on motion by Member Dinizio, seconded by t ' M Page 4 Agpl. No. 4193 Matter of NICK CYPRUS Decision Rendered October -18, 1993 Chairman Goehringer, it was RESOLVED, to GRANT the requested reduction to 6-1/2 feet from the easterly property line for a proposed garage addition to the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The easterly side yard of 15 feet remain open and unobstructed at all times; 2. The garage addition shall not extend more than 20 feet out from the outer wall of the existing dwelling (as requested) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villa was absent (out-of-town) . This resolution was duly adopted. Page 5 - Minutes October 18, 1993 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7: 35 p.m. Appl. No. 4197 - Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.25 approving an Accessory Apartment use in conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. (No opposition was submitted. Mr. Arnold spoke in behalf of his application. ) The hearing was declared concluded, 'pending deliberations and further review. 7:43 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN for a Variance to the Zoning Ordinance, Article III, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard area under the zoning definitions) . Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. (No opposition was submitted. Michael Belford, Esq. appeared as attorney in behalf of the applicant. No opposition was submitted. ) See board determination, noted as follows: Page 6 - Appl. No. 4194 Matter of RACHEL VOEGELIN Decision Rendered 'October 18, 1993 ACTION OF THE BOARD OF APPEALS Appl. No. 4194: Matter of the Application of RACHEL VOEGELIN for a Variance' to. the Zoning Ordinance, Article III, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard .area. under the zoning definitions) . Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. WHEREAS, after due notice, a public hearing was held on October 18, 1993, 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, filed on September 24, 1993, of the . August 17, 1993 Notice of Disapproval by the Building Inspector requesting a variance for approval of the 'placement of an accessory structure (satellite dish) in what is technically considered the front yard area by the definitions of the Southold Town Zoning Code. 2. The premises in question is a conforming lot located in the R-80' Residential Zone District containing a lot .area of two (2) acres. The map submitted with this application shows an existing one-story/two-story dwelling structure set back 90 feet from the southerly property line which runs along a 50 ft. right-of-way (now or formerly of The Edwin Mooney Jr. Living Trust) abutting the L.I.R.R. Also existing is an accessory barn (storage) building to the north of the dwelling, and small accessory (storage) shed situated in the easterly yard area, or rear yard. 3. The accessory structure which is the subject of this _ application is also existing, although not shown on the June 22, Page .7 - Appl. No. 4194 Matter of RACHEL VOEGELIN Decision Rendered October 18, 1993 1993 map (prepared by Roderick VanTuyl, P.C. for a proposed, but withdrawn and inactive application for a lot-line change) . A rough sketch was submitted during the hearing which confirms the setbacks to be approximately 60 feet from the westerly property line, approximately 40 feet from the southerly (front) property line, and 45+- feet from the open deck area of the house. 4. For the record, it is noted that this structure is accessory and incidental to the residence. Therefore, the accessory use of this type of structure is listed as a permitted. use under the provisions of §100-31C. . 5. This structure will be in conformance with the height requirements {at less than 18 feet total from ground to peak) . 6. It is the position of the Board in considering this application that the location of this satellite dish structure is not unreasonable, particularly since the location chosen is the yard area facing the Long Island Railroad tracks and is not visible from a street .or other dwellings in the area. 7. Also, the Board finds: (a) the circumstances are not personal to the landowner and are uniquely related to the property, although the practical difficulty claimed is self-created; (b) the requested location of the accessory structure is not unreasonable and is aesthetically purposeful; . (c) the relief requested is the minimum necessary, without an impact on the community or desired area, and the variance is not a substantial deviation from the requirements; (d) the area for this accessory structure is quite distant from all property lines and other buildings; (e) this application does not involve a project requesting increased dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is strictly an accessory structure; (g) the variance will not cause a substantial change or adverse affect related to the public health, safety and welfare which would require strict adherence to the zoning . standard; and Page 8 - Appl. No. 4194 Matter of RACHEL VOEGELIN Decision Rendered October 18, 1993 (h) in view of the above factors, the interests of justice will be served by. allowing the variance, as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief requested under Appl. No. 4194 in the Matter of the Application of RACHEL VOEGELIN for approval of the location of an accessory satellite dish, as requested and location and dimensions shown in the photographs and file documents considered herein. It is further noted that in the event a building permit and. certificate of occupancy is not properly obtained. and issued in , accordance with all provisions of law for this construction within one (1) year of the date hereof, this variance shall become null and void, having no effect or validity whatsoever. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Wilton. (Member Villa was absent bout-of-town) ) . This resolution was duly adopted. Page 9 - Minutes October 18, 1993 Regular Meeting Southold Town Board of Appeals 7: 51 p.m.; Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH for a Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of man-made berm, as situated, with a height in excess of four feet from ground level at 505 Skunk. Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3 . (Roger Stoutenburgh spoke in behalf of his application. No opposition was submitted. ) See board determination rendered during meeting after continuation of testimony for remaining public hearings. ) 7: 57 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance under New York Town Law, Section .280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal' Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point 'alorig the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel 'of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderick VanTuyl, P.C. (Opposition was received by the Bokina family during the hearing -- see hearing transcript prepared in written, verbatim form. ) Motion was made by Chairman• Goehringer, seconded by Member Doyen, after receiving testimony, to recess this hearing until the next regular meeting, to wit: November 8, 1993 for the purposes of staking the right-of-way for board member inspection and receiving a new survey -delineating the actual traveled portions and wooded area "of the northerly east-west- right-of-way. All Members concurred. 8:12-8:30 p.m. Appl.• No. 4196 - Application of ALLEN OVSIANIK. Request for a Variance under Article XX, Section. 100-101C for permission -to place canopy-type -sign at westerly side of existing principal building to advertise "Eastern Tire, Wheel Alignment, Mufflers" . Location of Property: 32930 Main Road and easterly side of Eugene Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-2-15 and 16.5, .containing a total combined- lot area of 1.85 acres, a portion of which is located in the "B" General Business Zone District, and the remaining portion in the "R-80" Residential Zone District. (Burke Liburt appeared as agent-contractor for the applicant. No public opposition was . submitted during the hearing.) Board member(s) expressed concerns- as to the use of the subject "tire" building which has a certificate of occupancy for an accessory building rather than as a principal business use. Further application Page 10 - Minutes October 18, 1993 Regular Meeting Southold Town Board of Appeals may be necessary concerning other activities and signs at the premises, some of which do not appear to have approvals or permits. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly, carried, to recess the hearing, pending re-notice before re-calendaring.. 7. 8:32-10:00 p.m. Appl. No. 4195 - Application. of PETROL STATIONS, LTD. Request for Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of more than one principal use on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive. of right-of-way area) . Applicant is also before the Southold Town Planning Board for a four-lot minor subdivision. The premises presently contains a total lot area of 5.835 acres and' is improved with: (a) the northerly building which was converted in 1988 from 'a barn for the storage of antiques to an architect''s 'office as shown on' the site plan map prepared by Samuels-Steelman, approved by the Planning Board 12/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a, separate garage structure; (d) a separate shed. Location of Property, 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No, 1000-109-1-23. J. Revin McLaughlin, Esq. appeared with Thomas Gorman, Jr. for the applicant. -Also attending the hearing was-. Richard F. Lark, Esq. and Barbara Haurus in opposition to the application. Please see hearing transcript prepared in written, verbatim form. 8. 10: 03 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height above four feet, as exists. Location of Property: 552 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-18.2. Jarvis Verity appeared in behalf of the applicant. No opposition was submitted during the hearing. See board determination, noted as. follows: Page 11 - Minutes October 18, 1993 Regular Meeting Sotithold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4198: Matter of DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height above four feet, as exists. Location of Property: 552 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-18.2. WHEREAS, after due notice, a public hearing was held on October 18, 1993, 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. By this application, appellant requests approval of the placement of a fence. located within and along the front yard areas at a total height of six feet. The length of the fence is approximately 155-160 feet in the front yard, and approximately the entire length of the northerly, easterly, and southerly property lines. All of the fencing is six feet in height, however, a variance is not required for those yard areas other than the front yard. This fence enclosure is intended to fully enclose the entire parcel. 2. A copy of a survey prepared by Roderick VanTuyl, P.C. has been submitted with this application which shows the following improvements: (a) preexisting two-story, single-family stucco dwelling; (b) 20' by 40 ' inground pool constructed under Building Permit No. 2.0329 issued 12/12/91; (c) accessory storage building near the beach, (d) bulkhead along Great Peconic Bay. Page 12 - Appl. No. 4198 Matter of DR. GEORGE KOFINAS Decision Rendered October 18, 1993 The pool and fence enclosure will require final approval by the Building Department concerning the application for a Certificate of Occupancy under the 12/12/91 Building Permit. 3. Article XXIII, Section 100-231 of the Zoning Code provides that a fence to be situated along the front property line be erected and maintained at a height not exceeding four feet. (Fences along the side and rear yard areas are permitted at a height up to 6-1/2 feet. ) 4. It is the position of the Board in considering this application that: (a) the property is uniquely situated at the end of a private right-of-way located off the south side of East Road; which is screened on both sides by hedges at a height of approximately eight feet; (b) the circumstances are not personal to the landowner; (c) the relief requested is not substantial; (d) the application does not involve a request for an increase of unit density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence for security, screening and privacy purposes; (e) the relief requested is not unreasonable due to the uniqueness of the property and the surrounding areas; (f) there is no other alternative available; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since there is other (natural) screening at heights above four feet near the area of this fence. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT relief for the placement of fencing in Page 13 - Appl. No. 4198 Matter of DR. GEORGE KOFINAS Decision Rendered October 18, 1993 or along the front yard areas at a maximum height of six feet, as requested. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton and Goehringer. {Member Villa was absent (out of town)} . This resolution was duly adopted. End of Hearings. If needed, please see written transcript of. verbatim statements made during tonight's hearings (which has been prepared under separate cover and filed with the. Town Clerk's Office with the original set of Clerk' s Minutes) . 10:15 p.m. Regular Public Meeting continued: DELIBERATIONS/DECISIONS, continued on next page. Page 14- October 18, 1993 Matter of MR. AND MRS. HARLEY ARNOLD Appl. No.' 4197 - Special Exception FINDINGS AND DETERMINATION Appl. No. 4197-SE. Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in conjunction with owner's residency. in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. WHEREAS, a public hearing was held on October 18, 1993, at which time those 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, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III-A, Section 100-30A.2, Subsection B{1} and Article III, Section 100-30B( 14) for permission to establish "Accessory Apartment" use within the same footprint of the existing principal structure, as more particularly shown on the sketched map and floor plans 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 32,670 sq. ft. and road frontage along the easterly side of Albo Drive of 126.27 feet as shown on the August 16, 1993 survey prepared by Roderick VanTuyl, Licensed Land Surveyor. 3. The subject premises is improved with an one-story (split-level) framed dwelling structure and attached garage, upper deck at the rear of the dwelling and concrete (patio) area(s) . The setbacks of the dwelling footprint scales out to be: (a) 30 feet from the northerly side property line (b) 45+- feet from the southerly side property line; (c) 40+- feet from the front property line along Albo Drive, all at their closest points. Page 15- October 18, 1993 Matter of MR. AND MRS. HARLEY ARNOLD Appl. No. 4197 - Special Exception 4. The requested "Accessory Apartment" is shown to be 21 ft. by 23 ft. , or 483 square feet of livable. floor area on the first floor level behind the garage area of the dwelling structure. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1792+- square feet, or 79 percent of the total existing living area. This proposal meets the requirement of subsection (d) which requires the accessory apartment not be less than 450 square feet of livable floor area, and subsection (e) which requires that the livable floor area of the remaining unit be not less than 60 percent of the total dwelling, as exists. 5. Article IIIA, Section 100-30A. 2(B-1) (ref. Article III, Section 100-31B(14) , permits the establishment of this use as an accessory to the residency of the owner in the subject dwelling, and further subject to conditions (a) through (q) . It is noted for the record that the following Certificates of Occupancy and Building Permits were issued for the dwelling construction: a) Certificate of Occupancy #Z-2016 dated October 29, 1964 issued for a "private one family dwelling," and conforming to Building Permit No. 2472Z dated July 28, 1964; and b) Certificate •of Occupancy #Z-15294 dated Feb- ruary 24, 1987 issued for a "deck addition to existing one family dwelling" and conforming to Building Permit No. 15269Z dated September 17, 1986; and c) Certificate of Occupancy #Z-16047 dated August 14, 1987 issued for an "inground swimming pool and fence" and conforming to Building Permit No. 15476Z dated November 8, 1986; and d) Certificate of Occupancy #Z-22609. dated Septem- ber 23, 1993 for an "addition and alteration to existing one family dwelling as applied for" and conforming to Building Permit #21320-Z dated April 8, 1993 . 6. The provisions of the zoning code pertaining to parking also requires a total of four (4) parking spaces: two parking spaces for the one-family principal use and two parking spaces for the proposed Accessory Apartment. (The existing, available one-car garage is permissible under the code to be allotted as one parking space. ) 7. It is the position of the Board Members that all the . conditions and standards established by the zoning code for an accessory apartment are satisfied and acceptable. 1 r Page 16- October 18, 1993 Matter of MR. AND MRS. HARLEY ARNOLD Appl. No. 4197 - Special Exception 8. In considering this Special Exception application: (a) the Board has given consideration, among other things, to Sections (A) through (P) as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will -not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) the Board has determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (d) the use is in harmony with and will promote the general purposes and intent of" zoning. Accordingly, on motion by Member Wilton, seconded by Mr. Goehringer, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of MR. AND MRS. HARLEY ARNOLD under 'Appl. No. 41977, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (q) of §100-31B14 OF THE. SOUTHOLD TOWN ZONING CODE and as follows: 1. Subsections (a thru q) of Section 100-31B(14) , Article III., of the 'Zoning Code must be complied with. 2. The size of the main dwelling unit shall not be less than 60 percent of the total existing floor area, or 1365 square feet; 3. The accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 910 sq. ft. 4. There shall be no outside stairwells for either dwelling unit (only interior stairs or other interior access for entering or exiting the residence) as required by Subsection (i) , Section 100-31B(14) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villa was absent (out-of-town) ) . This resolution was duly adopted. . f Page 17- Appl. No. 4192 _ Matter of ROGER AND MADELYN STOUTENBURGH Decision Rendered October 18, 1993 ACTION OF THE BOARD OF APPEALS Appl. No. 4192: Matter:of ROGER AND MADELYN STOUTENBURGH for a Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of man-made berm, as situated, with a height in excess of four feet from ground level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3 . WHEREAS, after due notice, a' public hearing was held on ' October 18, 1993, 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. By this application, appellant requests approval of a berm which has been placed along the front yard area (Skunk Lane) above the four-foot height requirement. . The berm is composed primarily of earth (dirt) intended for privacy, security, and/or visual screening purposes, and applicant confirms that the height is presently at 6-1/2 to 7 feet from ground level, although it looks higher since the property slopes down toward the street. 2. . The exact length of the earthen berm has not been submitted, but is estimated�by board members) to be a distance of approximately 250 feet, running parallel with and along the . street. 3. The suvey map submitted for consideration in this application shows that the property is improved with a one-story frame house set back 45.2 feet from the front property line, and a new driveway extends from the northerly end of the berm area towards the front (-road side) of the dwelling. f Page 18 - Appl. No. 4192 Matter of ROGER AND MADE.LYN STOUTENBURGH Decision Rendered October 18, 1993 2. The premises in question is located in the A-C Agricultural-Conservation -Zone District. The owners of the subject dwelling own other vacant land which is contiguous to this property. Both lands are identified on the Suffolk County Tax Map as Lot Nos. 2 and 3 of Section 7, Block 4. Both lots, when combined, total 3 . 2+- acres. 3. The relief requested by this application concerns the requirements of Article XXIII, Section 100-231A of the Zoning m which provides that "fences, walls or berms, . . . when located in the front yard of residential zones, the sae shall not exceed four (41 ) feet in height. . . ." 4. It is the position of the Board Members in considering this application that: (a) the 6-1/2 to 7 ft. height requested is not the minimum necessary; (b) an alternative which is more feasible under the circumstances is to place an earthen berm at not more than five feet in height; (c) there are circumstances which would lend to the granting of a five-foot height berm; (d) the relief is substantial as applied, being a variance of up to 50 percent of the requirements for the additional. two-foot height; (e) this is not an application which would involve any increase of dwelling unit density and therefore the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence for - security, screening and privacy purposes; (f) the alternative granted is not unreasonable due to the uniqueness of the property and the immediate area; (g) there is no other alternative economically feasible for appellant to pursue; (h) the .variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly; on motion by Member Wilton, seconded by Chairman Goehringer, it was a Page 19- Appl. No. 4192 Matter of ROGER AND MADELYN STOUTENBURGH Decision Rendered October 18, 1993 RESOLVED, to DENY the relief as requested for a variance as . to total height at seven feet; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF for a maximum height of five (51 ) feet within the front property line of Skunk Lane, subject to the following conditions: 1) the earthen berm be re-shaped to a maximum height of five (51 ) feet and contoured at a 1:2 slope (within the property lines) and be adequately landscaped and continuously maintained with vegetation or other live plantings (there shall be no height limitation on live plantings or other vegetation) ; 2) there be no water runoff from the property onto Skunk Lane, and subject to the applicant' s installation of possible future drainage or swelling as may deemed necessary by the Southold Town Highway Department to retain or prevent any runoff or interferences. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton and Goehringer. - Absent was: Member Villa (out of town) . This resolution was duly adopted. Page 20 - Minutes Regular Meeting o€ October 18, 1993 Southold Town Board of Appeals SEQRA Reviews/Updates: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was' RESOLVED, to CONFIRM the following SEQRA declarations and notice-thereof on the Town Clerk' s Bulletin Board: Type II Actions: a) Roger & Madelyn Stoutenburgh - berm exceeds 4' height in front yard. b) Nick Cyprus - construct garage with reduced sideyards. c) Rachel Voegelin - for accesssorysatellite dish structure, as installed. d) Petrol Stations, Ltd. (by J. Kevin McLaughlin, Esq. ) Lot #k4 insufficient area/for 3- uses. . Negative Declaration (Unlisted Actions) : a) Becky Johnston - R-O-W, as amended, over Baxter easement. b) Ovsianik Enterprises Ltd.' - Canopy sign. c) Harley & Joyce Arnold - Access. Apartment Use in conjunction w/owner' s residence. d) George & Maria Kofinas - Fence over 41 , as exists. Vote: Ayes: All. This resolution was duly adopted. (Agenda Item #kIII. ) OTHER/REMINDERS/UPDATES: A) Legislative Code Committee Meetings: Oct. 27, Nov. 10, Nov. 27 - 7:30 p.m. B) Planning & Zoning Committee Meeting: None calendared for Oct. or Nov. APPROVAL OF NEXT MEETING DATE: On motion by Chairman, Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, to set Monday, November 18, 1993 as the Regular November Meeting of this Board, and public i.iearings for- the following applications which must be filed and processed prior to the newspaper deadline for advertisement, pursuant to law: Page 21 - Minutes Regular Meeting of October 18, 1993 Southold Town Board of Appeals 1) Appl. No. 4199 (Psyllos) 2) Appl. No. 4200 (Andresen) 3) Appl. No. 4201 (North Fork Country Club) . Ayes: All. - This resolution was duly adopted. APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Doyen, and duly carried, it was. RESOLVED, to approve the Minutes, as submitted, of the September 20, 1993 Regular Meeting of this Board. This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The_meeting adjourned at approximately 10:40 p.m. Respectfully submitted, L nda Kowa Clerk Southold Town Board of Appeals pproved - Gerard P. Goehrinor Chairman RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK - DATE ��I�I/�� HOUR F: Town Clerk, Town of Southold