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HomeMy WebLinkAboutZBA-12/08/1993 �OgUFFO��COG SCOTT L.RABBIS r APPEALS B OARD MEMBERS �O Supervisor Cz Gerard P.Goehringer, Chairman y Z p Town Hall, 53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. P.O.Box 1179 Robert A.Villa l �a Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 8, 1993 7:15 p.m. Work Session - File Reviews - 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 WEDNESDAY, DECEMBER 8, 1993 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, Member James Dinizio, Jr. , Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, Clerk Approximately persons were present in the audience at the commencement of the meeting. I . The following matters were held for PUBLIC HEARINGS, noted as follows: 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly fr.ont' yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. f { Page 2 - Minutes Southold Town Board of Appeals l Regular Meeting of- December 8, 1993 I . PUBLIC HEARINGS (continued) : 7:35 p.m. Appl. No. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-3OA.3 for permission to construct addition which will exceed the 200 lot coverage limitation. -Location of ' Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38-, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of. MarionManor filed March 18, 1953 in the Suffolk County Clerk' s office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,0-00 sq. ft. Matthew Hallock, Contractor_ , appeared in behalf of the applicant. (Please see copy of the written transcript of this hearing prepared under separate cover and attached' for reference; if needed. ) Following testimony, the Board adopted the following findings and determination: (Continued on next page) - Page 3 Minutes Southold Town Board of Appeals. Regular Meeting -of December 8, 1993 I . PUBLIC HEARINGS, continued: 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100=31B-13 of the Zoning Ordinance, for approval. of, winery' uses in existing building and proposed building. The site plan shows that the- property is situated along the south side of C.R. 48, Cutchogue, . NY, is zoned A=C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 100.0, Section 96, Block 4, Lot..4.3 . Following testimony from Robert Bayley, Architect in behalf of the applicant, the hearing was recessed in order to allow additional time for the applicant to meet with the Planning Board on the proposed layout in the pending site "plan (with the nearest carryover date 'of January 12, 1994) . 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII; Section 100-239.4A( 1} 'for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3 .11. Keith Keller 'of Sandgren-Keller Associates appeared in behalf of the applicant. Following testimony, the hearing was concluded (closed,) , - pending deliberations later this evening. 8:00 p.m. Appl. No. 4195 PETROL .STATIONS LTD. (Carryover to continue hearing and/or updates. ) _ No appearance was made by J. Kevin McLaughlin or the owner in behalf of this application as requested. -- The Board further requests -a' written update­ fro the applicant`s attorney in order to finalize this. application within a reasonable time. 8:01 P.M. Appl. No. 4199 PETER PSYLLOS. (Carryover from November, hearings calendar:) Attorney Rudolph 'Bruer, Mr. and Mrs. Peter Fsyllos and family members all appeared in behalf `of the application. Other neighbors also appeared, pro and con." (Please see' copy of written -transcript prepared under separate cover for verbatim statements.. ) Following testimony, the. hearing was. concluded., pending deliberations. and determination. . (See determinations made after the remaining public hearing was concluded. ) 8:05 p.m. Appl. No. 4206 - GARY AND CAROL. FISH. Special Exception as provided by Article IIIA, Section 100-30A. 2B for permission to establish Accessory Apartment use Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of December 8, .1993 in conjunction with owner's residency -in this existing principal building presently occupied as a dwelling with garage. - Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block' i3 ; Lot 9. This property contains a lot area of approximately 15-01000 sq. ft. and is located in the R-40 Residential. Zone District. Gary Fish appeared in behalf of his application. (Please see copy of written transcript of hearing prepared under separate cover and attached for reference, if needed. ) Following testimony, the Chairman declared the hearing concluded pending deliberations later in the meeting. End of Public Hearings. APPROVAL OF MINUTES: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the November 8, 1993 Regular Meeting of the Board as submitted. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. SEQRA: The following Environmental Declarations under the Quality Environment Quality Review Act of N.Y.S. were confirmed as per Bulletin Notices prepared and further noted on the following pages: UNLISTED ACTION (also posted on Town Clerk Bulletin Board) : Appl. No. 4206 — Application of GARY AND CAROL FISH for a Special Exception to permit Accessory Apartment (accessory to the existing single-family occupancy) . DELIBERATIONS/DECISIONS (from earlier hearings) , continued on following pages. Page 5 - Minutes Southold Town Board of Appeals December 8 , 1993 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4199: Matter of the Application of PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; county Tax Map Parcel No. 1000-106-1-1.11. WHEREAS, after due notice, public hearings were held on November 8., 1993 and December 8, 1993, and 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: I. This application is a request for a variance from Article III, Section 100-31, and Article XXIII, Section 100-231 which requires that an accessory tennic court structure be located in the rear yard area. The application fora, building permit upon which this appeal. is based shows that the accessory tennis court (fence enclosure) structure is proposed to .be situated in the southerly yard area. The southerly yard area is technically one of two front yards due to the fact that this parcel is a corner lot fronting along two access roads. (rights-of-way) . 2. The premises in question is located in the Residential, Zone District and contains a total area of approximately 60,300 sq. ft. which received. town approvals prior to 1983. Existing on the property is a single-family having a living-floor area of approximately 3,000 sq. ft. The dwelling is shown to be situated 54.5 feet from the easterly front property line along a private right-of-way, 84.6 feet from the northerly property line, 57.5 feet from the westerly property line, and 217.8 feet Page 6 - Appl. No. 4199 • Matter of PETER PSYLLOS Decision Rendered December 8, 1993 from the southerly (front) property line along a private right-of-way. It is noted that a small shed is located in the center of this southerly right-of-way (ref. survey dated October 27, 1987 prepared by Young & Young) . 3. For corner lots of this nature, Section 100-232 provides that the rear yard may be defined as "one yard other than the front yard shall be deemed 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 that lends to the difficulties in locating a permitted tennis court while at the same- time meeting the yard and setback regulations. 4. for. record._ purposes, it is- noted- that this building is proposed for accessory use incidental and used by the residents and occupants- of this dwelling,. and- may not be used for profitable or gainful purposes. This use of this structure may not be enlarged, re-located, or otherwise altered. 5. The proposed structure will be in. conformance with the height requirements pertinent to accessory structures. 6. The hearing. record is extensive and confirms opposition from. owners (Brady) of the adjacent (adjoining) parcel on the west side of the applicant' s 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 screening has been made a condition of, this variance. There is a fence presently located between the two parcels. The neighboring (Brady) residence is more than 250 feet distant from the applicant's proposed tennis-court 1 -location. The neighboring (Brady) accessory building, also situated in the front .yard, was the subject of a variance request in 1986 to be located 100 feet from the front (southerly) property line. This accessory building was limited . to storage purposes incidental to the residency of the owners of the property (ref:, Appeal No. 3469, Condition No. 1) . 7. Also noted for record purposes is Appeal No.. 3532 (A. Burns) rendered by the Board of Appeals on September 11, 1986 authorizing the location of an accessory tennis court in the front yard area. Under today' s zoning regulations, this particular accessory structure, which is located two lots west of the applicant herein, would not require a variance. Section 100-33C (added by Local Law #33-1992) permits accessory buildings/structures to be located in the front yard, provic-Pd that such buildings and structures meet the front-yard setback requirements. With the exception of the applicdnt's lot and one other non-waterfront lot (all, however, . with. water views of the L.I. Soung) in this immediate neighborhood, accessory Page 7 - Appl. No. 4199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 buildings and structures would be permitted to be located in the front yard area. 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. " - - - - 'the `relief"is..-not"substantial 'in "relation to the requirements and will be distant from neighboring buildings; the setbacks for the tennis court of 45 feet from the westerly property line, approximately 45 feet from the easterly (front) property line, and not closer than 34 feet from the southerly (front) property line is feasible under the circumstances; (c) the variance requested does not involve an increase of dwelling unit or use density; (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( 4) , and will be used only incidentally to the residents and occupants of the dwelling; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; 1 (f) there is no alternative for the applicant to pursue other than a variance; (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 the neighboring properties because night use is not proposed .and lighting is not permitted <ref: Section 100-31C(4-b) of the Zoning Code>. Accordingly, on motion by Member Villa, seconded by Member Wilton, it was RESOLVED, to GRANT permission to locate a proposed tennis court structure, not to exceed 60 feet by 120 feet, in the southerly front yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Evergreens or similar trees or bushes (such as rhododendrons, Etc. ) shall be planted along (within) the applicant' s. southerly property line at a minimum h1eight of three Page 8 - Appl. No. 4199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 (3) feet, and six (6) feet apart,. for the full length {150 feet) ; and 2. The fence height of the tennis court shall not exceed 10 feet above ground, as proposed; and 3. There shall be no lighting for after-dark use as regulated by subsection 4-b of Section 100-31 of the Zoning Code; and 4. The setbacks of this accessory structure shall be not closer than 45 feet to the westerly property line, 34 feet to the southerly property line, and approximately 45 feet to the easterly front property line; and 5. As much as possible of the natural wooded, or heavy brush areas to the west and to the south of the proposed tennis court shall remain. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton, Doyen, and Goehringer. This resolution was duly adopted. Page 9 - .Minutes Southold Town Board of Appeals ` Regular Meeting of December 8, 1993 FINDINGS AND DETERMINATION Appl. No. 4206-SE. Application of GARY AND CAROL FISH for a Special Exception as provided by Article IIIA, Section 100-30A. 2B for permission- to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage: Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft: and -is located in the. R-40 Residential Zone District. WHEREAS, a public hearing was held on December 8, 1993, 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 concerningg 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 Bill and Article III, Section 100-30B(14) for permission to establish "Accessory Apartment" in the. existing garage -area which is within the- same footprint of the main (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 15,000 sq. ft. and 100.0 ft. road frontage along the westerly side of Deep Hole Drive<ref: survey prepared March 29, 1991 by Roderick VanTuyl, P.C.> 3 . The subject premises is improved with a one and one-half-story framed dwelling structure with attached garage on the southerly side of the house, and a raised, open deck attached to �the rear of the dwelling. The setbacks' of the principal -building footprint is shown to be 14 feet at the north Page 10 - December 8( .9 9 3 Matter of GARY AND CAROL FISH Appl. No. 4206 - Special Exception side, 13 feet at the south side, 50 feet from the front property line, and 46+- feet from the rear property line. 4. The requested "Accessory Apartment" is shown to be proposed at 550 square feet of livable floor area on the first floor level (which is within the existing garage area attached to the dwelling) . The remaining floor area to be retained as the principal single-family residence of the owner(s) will be 1885 square feet: 1260 on the first floor plus 625 feet on the second. level. Town assessment records show that the dwelling is presently 1599+- square feet of living area plus the garage. 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) Building Permit No. 2586 issued 11/18/64 for an addition to dwelling; and b) Certificate of Occupancy #Z-19905 dated May' 15, 1991 for a single-family dwelling built prior to April 9, 1957. ; and c) Building Permit No. 19797 for an open deck addition Issued 4/22/91. 6. Since the . applicant is proposing up to five occupants: three for the existing dwelling and two for the accessory apartment, five (5) parking spaces will be required and located perpendicular to the existing garage area. 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. 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 nct prevent the orderly and reasonable use of adjaceni: properties or of properties in adjacent use Page 11-- December EC 1993 Matter of GARY AND CAROL FISH Appl_ No. 4206 - Special Exception districts; - (c) . it is determined that the use will not adversely affect the safety, welfare, comfort, convenience .or order of the town - provided all other rules and regulations are complied with at all times; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Chairman Goehringer,. seconded by Member Wilton, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of GARY AND CAROL -FISH under Appl. No. 4206, BE 'AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with subsections a thru q of Section 100-31B(14) , Article III, of the Zoning Code; 2. The size of the main dwelling unit. shall not be reduced to less than 60 percent of the total existing floor area, or 960+- square feet; 3. The accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit <600 sq. ft.>. 4. Physical access to the accessory apartment is permitted from the rear of the dwelling (existing garage 'area) . There l shall, however, be no outside stairwells for either unit <only an interior stairs or other interior access for entering or exiting the residence> as required by Subsection (i) , Section . 100-31B(14) . 5. This conversion shall be subject to inspection by the Building Inspector and renewal of the certificate of occupancy . or certificate of compliance annually, with a written notice furnished to the Chairman or Clerk of the Board of Appeals for recordkeeping purposes. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa, and Wilton. This resolution was duly adopted. Page 12 - Minutes Southold Town Board of Appeals December 8 , 1993 Regular Meeting Appeal No. 4205.. Upon application of SALVATORE VINDIGNI'-. ' Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 200 lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area -of 10,000 sq. ft. WHEREAS, a public hearing was held and concluded on December 8, ,1993; and WHEREAS, 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, its present zoning and the surrounding areas; and WHEREAS; the Board made the following Findings of Fact: .1. This application is for a variance from the lot coverage requirements- of the zoning code limitation at twenty 1 (200) percent of the total lot area. 2. Proposed in this project is a fully enclosed addition of 410 square feet, dimensions for which are 12 feet deep by 31 feet long, exclusive of step area which may be permitted as per Section 100-230C. 3. The Board finds: %a) the circumstaD('es are unique to the property whic:I is due to its size of 10,000 square feet, as approved by the Southold Town Planning Board, (ref: Map of Marion Manor, Lot No: 191 ; Page 13 - Appl. No. 4205 Matter of SALVATORE VINDIGNI Decision Rendered December 8, 1993 (b) the relief requested is not substantial in relation to the other properties in the area; the increase requested is 410 square feet over the existing coverage of 2,090 square feet, for a total of 2500 square feet, exclusive of step area; (c) the relief, as requested, will not alter the essential character and is found to be in harmony with the intent of zoning, and complying with all other zoning regulations; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the benefit, when weighed, is greater to applicant and is the minimum necessary; (f) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance since the addition is in line with the established rear yard setback of the existing dwelling; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since there are no sensitive wetland areas in close proximity and there is no plan to increase use density on this property; (h) in view of all the above factors, the interests of justice will be served by granting the relief requested for . an additional 410 square feet, plus if necessary a step area of up to 60 sq. ft. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED to GRANT the variance for a fully enclosed 410 sq. ft. addition to dwelling (for living area or porch area as may be needed) under Appeal No. 4205. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. ,This resolution was duly -adopted. Page 14 - Minutes Southold Town Board of Appeals December 8 , 1993. Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4202: Matter of the Application of ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article ILIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in .the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject -premises is located in the R-40 Zone and contains an area of 19,200+ square feet. WHEREAS, after due notice, a public hearing was held on December 8, 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 of a Notice of Disapproval issued by- the Building Inspector in which the applicant has. applied for a building permit (and the subject variance) for a detached. accessory storage shed located in the northerly 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 19,200+- sq. ft. This parcel consists of a single combination of lot numbers referred to 'as 225, 226, 227, 248, 2.49, 250, and part of 224-228-247, 251 as shown on the "Map of Goose Bay Estates filed in the Suffolk County Clerk' s Office as Map No. 1176 on November 13, 1934. This lot area is a merger of .the old lots and is known to be in common ownership for many years. The Map of Goose Bay Estates is not listed on the "Exceptions List" of the Code at Section 100-12. Aage 15 - App1. No. 4202 Matter of ROBERT OBERLIN Decision Rendered. December 8, 1993 3. The map submitted with this application also shows an existing one-and one-half story; single-family dwelling structure set back 41 feet from the most northerly (front) property line and 18+- feet from the easterly (side) property.. Located .just south is- a concrete patio and the subject 8 ft. by 10 ft. shed which is shown to be approximately 10 feet from the easterly side property line. 4. The rear yard for this particular parcel layout is not defined by the zoning code since there are two front yards and two side yards, and the property is not a "corner lot." (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 rearyard is truly one of . the two front yards (to the back portion of the dwelling), as located. . 5. 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. 6. - The proposed building will be in conformance with the height requirements {one-story and less than 18 feet total from ground to peak) . 7. It is the position of the Board in considering this 1 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 residence and to the south, and the remaining yard areas are side yards;' -(b) the relief is not substantial in relation to the requirements. and will be at a distance of 10+ feet from the easterly property line; (c) the variance requested does not involve an in;:rease of. dwelling unit or- use density; (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; Page 16 - Arpl. No. 4202 Matter of ROBER`r OBERLIN Decision Rendered December 8, 1993 (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, on motion by Chairman Goehringer, seconded by Member Wilton-, it was RESOLVED, to GRANT approval of the requested 8 ft. by 10 ft. accessory shed, as requested under Appl. No. 4202 the Matter of the' Application of ROBERT OBERLIN. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton, Doyen, and Goehringer. This resolution was duly adopted. 1 Page 17 - Minutes Southold Town - Board of Appeals December 8 , 1993 Regular Meeting ' ACTION OF .THE BOARD OF APPEALS Appl. Na. 4204. Upon Application of JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100=239.4A(1). for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long .Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel. No. 1.000-14-2-3. 1l. WHEREAS, a public hearing was held on December 8, 1993 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. AREA VARIANCE. This. is an application received Novem- ber' 17, 1993 for a -further (additional) Variance under Article XXIII, Section 100-239. 4,, subsection_ A(1) , for .approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector's Notice of Disapproval upon which this new Appeal is. based is dated November 17, 1993. 2. CODE REQUIREMENT. Article XXIII, Section 10072.39.4A 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 shall be set back not less than one hundred (100) feet' from the top of such bluff or bank. 3 . PROPERTY DATA'. The premises in question is situated north of Grand View Drive in Orient and is shown -as Lot #7 on the Major Subdivision Map of Grand View Estates. This parcel contains a 'total lot area of 42,134 sq. ft. Prior to July 1993, the premises was vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which Page 18 - Appl. No. 4204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 lends to the limitations. for placement of all types of construction. 4. EXISTING CONSTRUCTION. On June 23, 1993, a building permit for the construction of a substantially-sized dwelling was. issued fNo. 21494) , for a garage, decks and raised platforms extending from elevated landscaping retaining walls. A second. survey showing: the foundation, as constructed, is dated October 8, 1993 and shows the concrete foundation o€ the dwelling angled to take full advantage of the waterviews Iof the Long. Island Sound. The front yard setback at its closest point is shown to be 50 feet. from the northwesterly cornier of the foundation, and the further front yard setback from the westerly side 'of. the foundation is shown to be 82 feet, more or less (slightly), from Grand View Drive. ` . The setbacks measured from the northeasterly end- of the dwelling €oundation. is -shown to be 95 to 100- feet, more or less from the top of the Sound Bank at its closest point. The distance between the coastal erosion. hazard line: at the neare9t' point -is approximately 75 feet. Chapter 37 of the Southold 'Town Code prohibits. construction and. any types of soil disturbance along, or seaward of, the "coastal zone hazaard. line.." 5. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and. landscape areas with' retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated November 10, 1.993 - Map S-2 prepared by Keller-Sandgren' "Associates) . Requested is a further variance at 62 feet from the top "o€ the bluff or bank. The fence enclosed is" 'not provided and will need to. be clarified.'and further confirmed in writing prior to issuance of a -building permit for these structures if wiahin 100 feet of the bluff or bank. 6. PRIOR VARIANCE. The record shows that in November 1992, an application was made to this Board for a variance for placement of one corner of the dwelling which was located within 100 feet of the bluff, and also for a proposed pool, fence enclosure and deck areas.. The Board rendered approval for "alternative relief, with conditions" on February 23, 1993 under Appeal No: 4140. That determination restricted the setbacks for a proposed pool; fence enclosure and decks above ground level, at not closer than__75 feet to the top of the bluff or bank. 7. SITE INSPECTION(S) . (a) An inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the street, the lot' s elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is Page 19 - Appl. No. 4204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 away from the bluff face. The bluff areas must be protected., and regrading and new landscaped areas must be done to keep surface water runoff directed, away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank' runof€. Also, measures will need' to be taken to either truck the pool water off site, or properly install drywell drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks- in the immediate vicinity; i.e. Lot 5 (Monacelli.) for construction at 80+- feet -from the top of the bank; Lot 3 .8 (Hungerford) at- 80 - 85+- feet; Lot 24 (Cipitelli. Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancour.t) at 50+- feet. 8. EFFECTS OF RELIEF REQUESTED. It is .the position of the Board that: (a) the size of the dwelling lends to the difficulties in locating other buildings or structures. on this parcel; (b) the setback at 62 feet is quite substantial in relation to the requirements, that is., 38 percent of the requirement; (c) the grant of the entire relief will alter the essential character of the neighborhood; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas. in. this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) the difficulties claimed are self-created since the size of the dwelling is substantial and is located on an angle towards the water; (f) there is an alternative for appellant to pursue, to construct a smaller sized pool and reduced deck areas.; (h) in view of all the above, the interests of justice. will be served by denying the relief, as requested, and granting alternative relief, as noted below. . 9. ALTERNATIVE. Alternatively, the Board finds that. a setback restriction at not closer than 70 feet to the top of the bluff (bank) for all structures, retaining walls, and buildings, is feasible and is. reasonably available for applicant to pursue. Page 20 - Appl. No. 4204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 10. EFFECTS OF ALTERNATIVE. It is the position of the. Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health; safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief_ is not substantial in relation to the requirements; d) the relief requested will not ,have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; . e) the difficulties. created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the- character of the neighborhood and the health, safety, and welfare of' the community. Accordingly, on motion by Member Dinizio., seconded by Member Villa, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relief for a setback at not closer than seventy (70) feet from the top of the bluff (bank) to all structures, retaining walls and buildings., SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; - no pool water or roof runoff shall not be discharged.. "towards the bluff face and all water shall be properly contained (or removed) ; 2. That the relief alternatively granted is limited to this. particular. application made under Section 100-239.4A' of the zoning code as pertains to the bluff setback (and shall. not apply to side yard reductions, lot coverage in excess of120%, or other variations from the code_ in the event of, future code modifica- tions) . Page .21 - Appl. No. 4204 Matter of JOHN EROKOS Decision Rendered. December 8, 1993 3 . That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall. be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. Page 22- Minutes Southold Town Board of Appeals Regular Meeting of December 8, 1993 HEARINGS CALENDAR FOR JANUARY 12, 1994: On. motion by Chairman Goehringer, seconded by,Member Dinizio, it 'was RESOLVED, to authorize advertisement of the following matters for public hearings to be held at a'Regulr Meeting of the BOARD OF APPEALS at the. Southold Town Hall, 53095 Main Road, Southold, 'NY 11971, on WEDNESDAY, JANUARY 1.2, 1994: 1. 7:32 p.m. Appl. No. 4207 - FRANK G. HETZER. Variance. to the Zoning Ordinance, Article. IIIA, Section 100-30A.3 (Bulk Schedule}, and Article XXIV, Section 100-244B, for permission. to locate deck -addition along an existing side porch area. A portion of the proposed deck is proposed with a reduced rear. yard setback: The .subject parcel contains an-' area of 13 ,500+- square feet and is situated in the R-40 Low_ -Density Residential Zone District. Location of Property: 535 Meadow Lane, Cutchogue, NY; County Tax Map District ION, Section 116, Block 2, Lot 20. 2 . 7: 35 p.m. Appl. No. 4208 - KIM CAMPBELL. Variance to the Zoning Ordinance, Article XXIV, Section 1.00-243 appealing the November 30, 1993 Notice of Disapproval for the apprdval of reconstruction (after demolition) and enlargement of nonconforming €accessary) guest cottage with kitchen. Location of Property: Private. Road at East Harbor, Fishers Island, ' NY; County Tax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+ acre parcel is single-family, residential- Use and is R-120' Zoning. 3. 7: 45 p.m. Appl. No. 4209 - PAMELA S. VALENTINE and WILLIAM L. MATASSONI. Variance appealing the December. 16, 1993 Notice of Disapproval of the Building Inspector for permission to reconstruct building that is a nonconforming building wi"th a nonconforming use. (This application notes that the subject building has. farFmerly been utilized. for three-apartments, although the present use of the building is one-'family. The occupancy of the building, if reconstructed_; is proposed to remain at one-family. ) Location of Property: 1970 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-24-02-24. ' The subject premises contains a total lot area of approximately 9,500 "sq. ft. and is situated. in the R-40 Residential Zone District. Page 23 - Minutes Southold Town Board of Appeals December 8, 1993 Regular Meeting (Resolution for Hearings to be held January 12, 1994, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was. duly adopted. CHAIRMANSHIP FOR 1994: Motion was made by Member Wilton, seconded by Member Doyen, to reappoint GERARD P. GOEHRINGER as Chairman of the Southold Town Board of Appeals for the Year 1994, and to further urge and respectfully request the Southold Town Board concur with its own resolution for salary and reappointment of GERARD P. GOEHRINGER as CHAIRMAN for 1994 at its reorganization meeting to be held January 4, 1994. VOTE OF THE BOARD: Ayes: Messrs. Dinizio, Doyen, Wilton, and Goehringer. (Member Villa abstained. since he is at this time being considered for the Chairmanship by the incoming new Town Board Members and new Supervisor-Elect. ) This resolution was duly adopted 4-0. The Chairman declared the meeting adjourned. at this time. Respectfully submitted, Linda Kowalski, Clerk Southold Town Board. of Appeals / 1/12/94 ATN"