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HomeMy WebLinkAbout5396 A~PEAL~ BOARD MEMBERS Lydia A, Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva V'mcent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 9, 2003 ZBA #5396 - CRAIG RAIA and GERALD J. DIEFFENBAGH, JR. Ptope~ Location: 2175 Hyatt Road, Southold; Rare. el #54-1-32. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax 1631) 765-9064 Telephone (631) 765-I809 http://southoldtown.northfork, net RECEIVED 0C-f 1 7 2003 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under C0nsid~ration in this application and determines that this review falls under the Type II ca.gory, of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is an irregular shaped lot 0f apprOxi~nately 10,105 sq. ft. in size, located along a private road referred to as Hyatt Rbad, in Southold. The property is improved with a one-story frame dwelling with dormer at approximately 9 feet from the side property ine and 25+- feet from the fl'ont porch, to ~e front lot line along the pnvate road, as shown on the AuBust 31, 1976 sur~ey prep~ared b~' Roderick VanTuyl, P.C. BASIS'OF APPLICATION: Building Department's June 20, 2003 Notice of Disapproval, cit'~g 'sect!ohs 100-242A and 100-244 in its denial of a building permit application for rai~ing;the ~ro0f~Jine of the existing dwelling in areas that presently do not meet the code reqUirefl, rr'~nimum front and rear yard setbacks at 35 feet and a minimum s~ngle side yard at: 10 f~et, FINDINGS OF PACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: .AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a new addition with alterations to the existing dwelling. After removal of the existing front roof and rear dormer an'd other alterations, the new raised roof line will be increased by approximately four feet, and a new "look-out platform" added, all as shown on the site plan and floor plans prepared by Regi Weile, Architect with a ZBA date stamp of June 24, 2003. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The neighborhood ~s Page 2 - October 9, 2003 ZB#5396 - C. Raia and G. DieffettDach 54.-1-32 at Southold developed with similar structures. The applicants' property is nonconforming with a lot size of only 10,105 sq. ft. and the existing dwelling is one-story height with nonconforming setbacks. The addition will maintain the same existing setbacks, and the applicant will be bumping out the dormer and raise the roof an'additional four+- feet and Will add a lookout platform at a height no higher than the ridge of the new proposed roof. 2. The benef t sought by the app cant can. not be achieved by some method, feasible for the appliCant to pursue, other, than an,area variance, The existing dwellin§ has a front yard s~tba, ck of 25+- feet to the pdrch, 30 feet to the foundation Of the house, a rear yard of i5+- feet, add single Side ~iard of +1-9 feet. The setbacks will remain the same after cori'struction. Only the roof ~iJl be raised by four feet. 3. The var~anc,.e, granted herein is not substantial in relation to the code requirement. The setbacks will remain the same after construction, and only the volume of the roof will be raised by an addi(idnal four feet. 4. The d!fficulty was self-created when the addition was planned and designed without conforming 'to the current TOwn Code requirements. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical er environmental conditions in the neighborhood or district. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy more living space and a lookout deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balar~cing test under New York Town Law 267-B, motion was offered by Member Oliva, secehded by Member Goehringer. and duly carried, to GRANT the vadance as applied for, as shown on the site plan and floor plans prepared by Regi Weile. Architect with a ZBA date stamp of June 24, 2003, WITH THE CONDITION That the maximum height shall be limited to 35 feet to the top of the ridge with the new observation deck. This action does not authonze or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Pa-e3 October9 2003 '~, M - , .; .:. ZBf~L5396 - C. Raia and'G. DreffSfllsach 54.-1-32 at Southoid setbacks and other features as are expressly addressed in this action. :Vote (~f the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and ~Oliva. (Absent wasM~mber Homing.) This ReSolution was du~y~ed (4-0). Lydia;;. '¢or~oCa - - Approved for Filing TO: VR Weile A/C Craig Raja & Gerry Dieffenbach PO Box 223 East Marion, NY 11939 Please take notice that your application dated June 20. 2003 DATE: June 20, 20 JUN 2 3 ZONIN~ BOAgD OF APPE~ For permit to construct additions and alterations to an existing single family dwelling at Location of property: 2:175 l-Iyatf Road, Southold, NY County Tax Map No. 1000 ~ Section 54_ Block _1 Lot 3_~2 Is returned herewith and disapproved on tho following grounds: The proposed construction, on this non-conforming 10.105 square foot lot in the Residential R-40 District, is not permitted pursuant ro Article XXIV Section 100-242A, which states; '~Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building conrairdng a conforming use, provided that such action does not create any new non-conformance or increase the de~:ee of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling currently has a front yard setback of+/- 30 feet, a rear yard setback of+ - 15 feet and a single side yard setback of+/- 9 feet. The proposed addition will maintain the existing setbacks. Therefore, the proposed construction is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 t'eet, a rear yard setback of 35 feet and a single side yard setback of 10 feet. The existing ~o~verage of 11 pe..rcent will remain. A~orized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATI~ TO TtIE ~ Notes: For Office Use Only Date Assigned/Assignme~ff No. ParcelLocaflon: }touseNo.2175 Street Hy0tt Rood Hamlet Southold SCTM 1000 Section 54 Block 1 Lot(s). 32 Lot Size Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: __ 20 June 2003 Applicant/O~a~t~s): Regi Weile, Architect Mailing P.O. Box 223 East Marion, NY Address: 11939 'g31 477 9735 Telephone: , Authorized Representative: Regi Weile, Archi tec t Address: Telephone: P.O.Box 223, East Mari~on, NY 11939 631 477 9735 Please specify who you wish cmTespondeuce t0: be mailed to. from the above lis,ted namgs: [] Applicant/Owner(s) [~ Authorized Representative [3 Other: __ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 20 ,]one 03 FOR: ~] Buiiding Permit [] Certificate of Occupancy ~3 Pre-Certificate of Occupancy i3 Change of Use [] Permit for As-Bnilt Constructim~ Other: Provision of the Zoning Ordinance Appealed. Indicate Article. Sectio'n, Subsection and paragraph of Zoning Ordinance by nnmbers. Do not quote the code, Article XXIV Section 100-242A Snbsection A Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoniug ]Slap. [2 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prlor appeal [3 has IX has not been made with respect to tbis property UNDER Appeal No. Year © Page 2 of 3 - Appeal Application Part A: AREA VARIANCErREASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimentto nearby properties, If granted, because: New Roof-o~y rises 4'0" above existing, to correct ~ttng Dormer Condition. ~ some method feasible for the because: :tufa ..... new setbacks not oossible. (3) The amount Of relief,~'equesfed is not subsfa~nflal because: E~x-i$~-i~g StruCture to only receive new roof construction.. impact on the physical or environmental ( )Yes, or ( )No. and' scale of e,xis,~,ng structures. ( ') Yes, or [X ] ~o. If not, is the construction f~e~ surrounding topography and building areas that relate to code requirements: (attach extra sheet as needed) This is the ,MINI~UNt that is~ necessary and adequate, and at the same time preserves and protects fl~e :ch6racfer of !the neighborhood and the health, safety, and welfare of the comm~unfly, yes ( ) Check this box and complete PART B. Questions on next page fo apply USE VARIANCE STANDARDS. (Please consult your attorney.) Ofhe, rwise~ please proceed fo fha signature and no~a~r area below. //~' ~/~ Sworn to be~pre ~ne this ~ qday of..~....c~?..~ ...... 200~, (No-Ila~ Pul~lic) ' ~g~af~re of Appellant or A. ufh.~rized Agent (A~ienf must submff Aufhonzaf, on from Owner) ZBA App 9/30/02 PROJECT DESCRIPTION (Please include with Z.B.A, Application) Applicant(s):__ Regi Weil e, ~gchi tect II f_building is existing and a/reradons/additions/renovations are proposed.- A. ?[ease give the dimensions and ov6rall square footage of_extensions beyond existing building4 Dimensions/size: 92.6 x 121,45 ll,246.27sf Squat, footage: 11,74fi' ?Tqf B. Pl*ase give the dimensions and square foofage of ne~v. proposed fmmdation areas, which., do not_ extend beyond the exSsti ,rig buildin~ Dimens~ops/size: No',r~ew foundation Area. New Roof at 4' at'ore exisin0. Square footage: ~o new SQUare footage only roof volume. Il'land is vacant: Please give dimensions mid oYera I square footage of new construction: Dimensiorv'size: Square footage:. Height: III Purpose and Ose of new construction requested in this application: New Roc~f for second floor Bedrooms. Removal of Dormer. IV, Additional information about the surrounding contours or nearby buildings th3t relate to the difficulty in meeting the code requirement(s): None V~ Please submit seven (7) photos/sets aftei' staking comers of the proposed new:construction. - 7/02 Please note Further changes, aj?er ,~ubmitting the above ~njbrmation mus~ be placed in writing and may reqmre a ne~ Notice of Disap~ro~;al to z ~ou~ changes to the initial pIans. If additional time is needed, please contact our office~ or ptease checlc with Building Departmem 765 1802~ or Appeals Department 7~5-1805 i~vou are nor,~ure. Thank you QUF~TIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? Yes [] No Are there any proposals to change or alter land ~ontours? [3 Yes ~ No 1) Are there any areas that contain wetland grasses ? N o 2)~,Arethe~wetland areas shown on the map submitted with this application? rug ~, 3),Is the pr0perty bnll~ headed between floe wetlands area and the upland building ~a. 4) If your property ~con.?ai~ s wetland~~or pond 'areas; have you contacted the office ~the ~ Tc~n'l;ru~ees, for its determination ofjatisdietion? Is there a depression or slov'.mg elevation near the area of proposed constm~on at or below five feet above mean sea teveI? ~ . (If not apphcable, state n/a/.). Are there any patios, concrete barriers, bulkheads or fences that exist and are not slrown on the survey map that you are submitting? none (If none ~xist. please state "anne".) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy o£ your building permit and map as approved by die Building Department. If none, please state. Do you or any co-owner also eyre other land close to this parcel? no where or submit copies of deeds If yes, please explain Please list present use or operations conducted at this parcel L Two Bedroom Res i donee and proposed use no change Authorized Signature and Date 0 i E. U .,Raise existing chimney height ~,New Roof Trusses //~/~Wi~ows w~alk¢latform / emove Exis!~ing Dormered RoOf Front Porches ~g Bedrooms- No change Existing First Floor-No Change Basement/Garage-'No change v.<~ ~ AXONOMET IC -Proposed New Work x MaN 'i O © CohStruction Notes 1. Remove existing Front Roof and Rear Dormer; Remove all Interior and Exterior materials to allow for Installation of new work. Remove from site and [~gally dispose. Remove wood stove chimney. 2. Protect all work an~d finishes to remain, : 3. Install new Roof Tresses and Roofing as per drawings, tnstall new roofing materials [hot roof] at underside of front porch area as per drawings. Install new Roof Platform and related protected roof surface as per drawings. 4. Install all hurricane related required clips tie do~'s for rafter to plate, plate to stud, stud to plate connections as required by code. 5. Install guard rails on all exterior spaces as per drawings. 6. Install new Anderson Patio door sets as per drawings. 7. Install new sheetrock coilings, walls and repairs tq wall as required to make work of all sections complete. Supply and install insulation as req'd by drawings and code. 8. Supply and install materials necessary to raise existing chimney height to 3'0" above new rco~ ridge. 9. Install steel ship ladder to roof platform. 10. Supply and install ail required hardware to make work nt'all sections complete. 11. 'Prepare, taps and finish all interior surfaces at seCond floor. Finish all exterior surfaces to fie in to newwork in acceptable detail and finish. 12. Provide caulking around new windows, doors and other trimmed openings. And where dissimilar materials meet or join. C_lean adjacent materials if stained. 13. ~Protect existing Residenco securely from the elements when removing and replacing Roof. 14. All work shall he in compliance with all Governing Codes. 10 July 15, 2003 Craig Raia Gerald J. Dieffenbach, Jr. 2175 Hyatt Road; PO Box 1291 Southold, NY 11971 JUL!$Z003 i To Whom it May Concern: A~s per our Zoning Board application that was flied on June 21, 2003, we are writing to respectfully request;sPecial consideration for an immediate hearing on thisapplication. De~ay in this construction will cause great hardship in the following way~ '1. We would like to complete the installation of our new roof before hurricane season. 2. The lot adjacent~,e oum is currently u~der construction, and we were planning to use their construction access road for the removal of debds and delivery of materials. This will be instrumental in enabling us to preserve our highly developed landscaping and to significantly lower our construction expenses. 3. A secOnd lot. on the other side of us is also beginning construction, and our intention has been to complete our construction within similar time frames so as to cause the least amount of disruption to the neighborhood. 4- We will be, using the same contractor as the adjacent lot, thereby again saving on general condition fees. If we do not begin construction immediately, we will lose this opportunity. The work Jhat. we are d0h3g is minimal in that we are maintaining the same building envelope with a alight increase in heigh{ of the ddge of the roof beam. We are not adding square footage, there will be no changesto the foundation, nor will therebe any major structural alterations. VVe ara merely installing a new roof. Thank y(JiJ for ~'?aur cot~sideration. We appreciate your cooperation on this issue, and we look forward to your expedient response. Sincerely, Craig Raja Gerald J. Dieffenbach, Jr. APPEALS BOARD MEMBERS Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD October 17, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http: southoldtown.nor thfork.net By Fax 477-0973 and Regular Mail Regi Weile, Architect P.O. Box 223 East Marion, NY 11939 Re: Appl. No. 5396 - Variance (Raia/Dieffenbach Property) Dear Ms. Weile: Enclosed piease find a copy of the findings and determination, with conditions, rendered at Zoning Board of Appeals Meeting held October 9, 2003. Please be sure to follow-up with the Building Department for the next step in this building-permit application process. When returning to the Building Department, please provide their office with an extra copy of the enclosed determination and, if applicable, the amendment to the maps to show conformity with the Board's decision and conditions, as may be noted (if any). Thank you. Very truly yours, Enclosure Copy of Decision 10/17/03 to: Building Department Linda Kowalski DEPARq]vlEiXrF OF pLANNING O COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE THO,~AS.I~.L~, AICP October 24, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following appl/cation(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no sigrfificant county-wide or inter-community irr~aet(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Cerreta Kermeth Sachman (Stephen) and Quandrini Pawlowski, Paul (Reflecting Nature Landscaping, Inc.) Pawlowski, Paul (Reflecting Nature Landscaping, Inc.) Casillo, John McGowan, Andrew and Lois Zimmerman, Ellen D. ~Raia (Craig) and Dieffenbach Jr. (Gerald J.) 5282 5302 5365 (V)* 5365(SE) 5378 5384 5391 5396 *AltematiYe relief appears warranted consistent with appropriate developmental restrictions, particularly as,set forth by the Zoning Board of Appeals. Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Plarmer APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. G0ehringer Lydia A_ Tortora George I-Iornmg V'mcent Orlando Southold Town Hall 53095 MaLn Road P.O. Box 1179 Sonthold, New York 11971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 http://sontholdtown.nor tlffork.ner BOARD OF APPEALS TOWN OF SOUTHOLD October 22, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Pleas~'fin~ enclosed the following applications, decisions, surveys, tax maps, and buildiiig disapprovals for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R - STATE OR COUNTY ROAD W - WATERWAY (BAY, SOUND OR ESTUARY) B - BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND # ZBA t NAME ACTION REQUESTED R W B 5282 -CERRETA, KENNETH GARAGE ADDITION - SIDE & FRONT SB X 5302 SACHMAN, STEPHEN SWIMMING POOL- FRONT SETBACK X 5365 iPAWLOWSK1, PAUL NEW OFFICE BLDG - SPEC, EXCEPTION X 5378 CASiLLO, JOHN POOL- SIDE YARD LOCATION X X 5384 MCGOWAN, ANDREW GARAGE ADDITION- FRONT SETBACK X 5391 ZlMMERMAN, ELLEN ADDNS/ALTS- NONCONFORMING BZVVY X & ATTACHED GARAGE 5396 i RAIA, CRAIG ADDNS/ALTS - FRONT & REAR SETBACK X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, ::: cc: ZBA Staff RAIA/DIEFFENBACH #5396 54-1-32 Board of Appeals Notice to Property Owners: ~54-1-1 ~54-1-9.2 ~54-1-13.1 #54-1-7 ~L~-1-6 ~54-1~12 Narma, Rein and wf Pecaroaro-Kassow Sacher, Steven, Donna Hyatt Road Brown, Ruth Ann Wockenfuss, Janet Block, Carla PO Box A Randolf Vermont 05060-0016 PO Box 350, Southold, NY 11971 2365 Hyatt Road, Southotd, New York 11971 Private Road 10 Ephdam Road, Clarksburg, N.J. 08510 5227 Melbome Rd.,Raleigh, N.C. 27606 #8730-4229 ~-8730-4205 ~8730-4236 #8730-4212 #8730-4199 LEGAL NOTICE SEPTEMBER 25, 2003 PUBLIC HEARING ~SOUTHOLD TOWN BOARD OF APPEALS NOTICE iS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, PO. BoX 1'17.9., Southold, New York 11971-0959, on Thursday, ~SEPTEMBER 25, 2003, at the time noted below (or as soon thereafter as poss ble): 1:50 p.m. GERALD j. DIEFFENBACH, JR. and C.~RAIG RAIA#5396. This is a Request fora Variance trader SeCtion 100-242~ and. 100-244, based on the Building Department's June 20; 2003 Notice of D~sapproval concerning proposed new censtruCtion with front and rear .Yard setbacks at less than 35 feet, and side yard at less than 10 feet. LocatiOn of Property: 2175 Hyatt Road~ Southold; Parcel #54-t-~32. The Board: of Appeals will hear~ allr persons, or their representatives, desiring to be heard at and/of de~[rin:g to submit written statements before the conclusio Each hearing will not start earlier than designated above, regular business hours. If you have questions (631~ 765-1809. Dated: Aug~ust 25, 2003. Lydia A. Tortora, Chairwoman Board of Appeals (63t) 765'1809 OFFICE OF 53095 Main Road P.o. Box Southold, NY 11971-0959 fax (631) 765-90'64 AugUst 25, 2003 Re: Chapter 58 - Public Notice for Thursday, Sel~tember 25, 2003 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published id the next issue'of the Long Island Traveler~'Watchman newspaper. 1) Between September 1st and September 8t~: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new.construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to'that address as well. 2) Before September 15th: Please make arrangements to place the enclosed poster on a sign board such as plywood or simiiar material, posting it at your property for seven days; the si,qn should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) if you need a replacement poster, please contact us. 3) Before September tSth, please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked bythe Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These Will be kept in the permanent record as pr?of of all Notices. 4) By September 18th, please file your Affidavit of P. ostin,q with our department to show proof that the sign has been posted at least seven (7) days. If you do not meet the deadlines stated in this letter, please' contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff