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HomeMy WebLinkAbout5302Page 2 - September 25.2003 Appl. No. 5302 - S. Sachman an~ A. Quadran 111-9-9 at Cutchogue ADDITIONAL INFORMATION:AMENDED RELIEF: During the hearings, the applicants were requested to consider mowng the proposed pool location to increase the setbacks from the street, closer toward the house. On September 11, 2003, a revised survey prepared September 4 2003 by Joseph A. Ingegno L.S, was submitted by applicants ~ncreasmg only the westerly front yard setback from Nassau Point Road by an addit~onal 3~3 feet, for a setbaCk at 35 feet Inorth end of the pool) and at 31.7 feet (south end of the poo0, and 15 feet from the northerly front lot line (atong. Carpenter Road). The applicants, by their agent, were not receptive to submitting site maps either within the 70+- ft. wide open area between the existing accessory garage and the house, or another feasible yard location requested by the Board during the public hearing(s). REASONS FOR: BOARD ACTION: On the basis of testimony presented, materials submitted &nd personal obserga[ions of members of the Board, the Boa~c makes the follow ng f tidings 1. Grant q~,th~ relief requested will produce an undesirable change in the character of the fleighl~o~'hobd or a d~triment t,o nearby properties. The applicants wish to add an in- ground sA,~ming p(~ol at the w~sterly section of their property west of the existing garage: The p~operty is 36 043 sq. ft. in size and Code Section 100-33 requires and buildings to be located in a rear yard with a 5 ft. minimum or when located in a front yard, at a minimum 40 ft. principal The :)ool is proposed by applicants to be placed 31,7 feet from the from Carpenter. Road. This Io-~,ation would place the pool ahd to passing vehicles, p, edestrians and bicyclistS, and ~ applicants' dwelling. Since the p0ol is in the evise the plan for alternative setback dwelling~ which~is pre~e~tl, y set ba~k 158+- fe~t from ne. This alternative would, reduce the degree of tee 2_. The; b~oefit sought by the applicant can be achieved by some method, feasible for the aPl~li~i t~ purSUe, other than an area variance. The dwelling is centered on this 35,043 sqi. fi,; lbt, halving a westerly front yard setback of 158+- feet from Nassau Poir~t Road', add ~$ feet'frorn Carpenter Road. Alternative locations would minimize the VarianC~ ~d dimin'ish the visual impact to adjacent lands. 3. The variance requested is substantial. Applicants request 15 ft. from the northerly front line and 31.7 feet from the westerly front line, instead of the code requirement of 40 fee~ wheh iri a fronl yard location. The amount of relief requested in relation to the northerly setback is reduction of 62.5% and the westerly setback a reductio~ of 21% from [h~ c~de iequiremen~. - © Page 3 - Septeml~er 25, 2003 .: Appl. No. 5302 -S. Sachman and A. Quadrah[ '111-9-9 at Cutchogue 4. The difficulty was self-created when the accessory pool was planned without conformity to the current Town Code requirements. 5. There are no other swimming pools in the area located close the town street or right- of-way. The location of a pool as requested close to Nassau Point Road would no~t provide the privacy that passers;-by or others in the immediate area enjoy. The Boar~d concludes that with greater setbacks from Nassau Point Road, the project will n6t produce an andesirable change in the physical or environmental conditions n the neighborhood or district, 6. T,,he re ief requested by app cants is not the m n mum necessary wh e preserving and protecting the Character of the neighborhood and the health: safety and welfare of the ~o~nu'ni~, RESOLUTION OF THE BOARD: In considering all of the above factors anc applying the balancing' test under New York Town Law 267-B, motion was offered by Member O iva, seconded 17y Member Homing, and duly carried, to DENY the variance, as applied for. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Oliva. (Absent was Member Orlando.) This Resolution was duly,adopted (4-0). Lydia A. To,,~0ra, Chairwoman -Approved for Filing 1 o//5"/0 ~' ~NO. 3 NOTICE OF DISAPPROVAL TO: Catherine Mesiano A/C Sachman/Quardani 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated September 30, 2002 ~For permit to consn-uct an accessorv~n-ground swimmi~ pool at Location of property: 4705 Nassau Point Road, Cutchogue County Tax Map No. 1000-Section 111 Block_9_9 Lot9 Is returned herewith and disapproved on the following grounds: DATE: October 1, 2002 RENEWAL: January 15~ 2003 The proposed accessory in-ground swimrmng pool is not permitted pursuant to Article III Section 100- .33C, which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings arid structures meet the front-yard setback requirements set forth by this code." The proposed accessory in-~round swimming pool is located on a conforming parcel in an R-40 zone. With respect to such zones, Article llI Section 100-32 wkich states; '~No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80. R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force or effect as if such regulations were set forth herein full." iires a front yard setback of 50 feet. Plans note a front yard setback of 26.7. 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. ~NO. 3 NOTICE OF DISAPPROVAL DATE: October 1, 2002 TO: Cafl/efine.Mesiano A/C Sachman/Quardarfi 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated September 30, 2002 For permit to construct an accessory in-ground swimming pool at Location of property: 4705 Nassau Point Road, Cutchogue CounT Tax Map No. 1000 - Section 11 t Block9 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool is not permitted pursuant to Article III Section 100- .33C, which states; :'In the case of a waterfront parcel, accessory buildings and structures may be located in the front var& provided that such buildings and structures meet the fi:tnt-yard setback requirements set forth by this code." The proposed accessory in-ground swimming pool is located on a conforming parcel in an R-40 zone. With respect to such zones, Article III Section 100-32 which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms tO the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force or effect as if such regulations were set forth herein full." B~llc~chedule reomr ~_a.&:mat yard setback of 50 feet. Plans note a front yard setback of 26.7. Yat~e Note to Applicant: Any change or deviation to the above referenced application, may requi~e further review by the Southold Town Building Department. CC: file, Z.B.A. Assigned AppL NO. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. ~?0~ Street AJ0.$~o ~o,,~ ~o,~ Hamlet~ SCTM 1000 Section t I { Block ~ Lot(S) c~ Lot Size'C~0~ ZoneDistrict ~9. t/O I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: M~illn~Address: )075 ~qtL,t .,gV~, ~ 7/"~ ~,]~/ A.ly Author',n~e, dRepreseniative: p~?L~l~l~ ~I}NO~ Address: !2 B !LL pOND LANE Please spedfy who you wish correspondence to be marled to, from the above listed names: ] ~qq~l~cani/Owner(s) ~ Authorized Rapreseniafive l] Other: WHeRrY THE BUILDIN~ INSPECTOR DENIED AN APPUCARON DATED ~/$o/~ Z. FOR: ffi Building Permit [] Certificate of Occupancy U Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction Othor -' Provision of the Zonino~ Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do nor quote the cod~ Article ~ Section t00- 3.~- Subsection Type of AppeaL An Appeal is made for: I~ A Variance to the Zoning Code or Zoning Map. El A Variance due to lack of access required by New York Town Law-Section 280-A. [] Ia4ecpretation of the Town Code, Axficte Section [] Reversal or Other A prior appeal ~ has [] has'not been made with respect to this property UNDER Appeal No. 51?1 Year 9.002,. Page 2 of 3 - Appeal Application PartA: AREA VARIANCE REASON$ (attach extra sheef as needed): ~ ~..~ (1) An undesirable change will rl~ot be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because achieved ~ some methpd teasibl~ For the (:3) The amount of relief requested L~ not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been serf-created? ( ) Yes. or ( ) No. If not, is the construction existing, as built? ( ) Yes. or ( ) No. [6) Additional information about the surrounding topography and building areas that relate to the difficulty Jn meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. STANDARD~S. (Please consult your attorney.]/1Otherwise. I~ease proceed to the si.qnatme notarv area ~elow. y~ .- ///~... ~.:~.~ ~ ._~_.~/~ ~. ~T4-gnafure of Appellant or Authorized Agent Sworn to~efo, re me this ~ /-(Agent must submit Authorization from Owner) (Notary Public) ~ ~ ~ ~ ~ ~(~l ZBA App 9/~0/02 (v,') Check this box and complete PART B, Questions on next page to apply USE VARIANCE and © © REASON FOR APPEAL A Vadance to the Zoning Ordinance is requested for the reason that 1. An undesirable change will NOT be produced in the CHARACTER of the neighborhood ora detriment to nearby properties, ifgrar~ed because: THE PROPOSED USE IS CONSISTENT WITH THAT OF THE NEIGHBORHOOD. THE PROPOSED POOL WILL BE SCREENED FROM VIEW BY LANDSCAPED PLANTINGs ALONG NAssAU POINT ROAD AND CARPENTER ROAD. TH E LEAST AMOUNT OF GROUND AND GRADE D STURBANCE WILL OCCUR IN THE PROPOSED LOcATIoN OF ~HE POOL. 2. Th~ be?efit so.ugh,t by the. applicant, CANNOT be achieved; by some method, feasible ~r'the applicant to pursue, other than the area variance because: · THE SUBJECT PROPERTY IS A WATERFRONT LOT AND THERE IS I~SUFFICiENT AREA BETWEEN THE ,EXISTING HOUSE AND BLUFF TO ,~CCOMMODA~E AN IN-GROUND POOL. · THERE IS INSUFFICIENT AREA IN EITHER SIDE YARD DUE TO EXISTING SETBACK coN"DmoNs:'~AND~'~.OCAT ON OF THE SEPT C SYSTEM. · THE AREA.LAI~IDWARD OF THE HOUSE IS QUITE STEEP AND UNSUITABLE FOR CONSTRUC¥ioN OF A POOL AS LARGE AMOUNTS OF FILL AND ETAINING, WALL STRUCTURES WOULD BE REQU RED. · CLEAI~INGAND CHANGES3'O THE GRADE HAVE THE POTENTIAL TO CREATE RUN,O~:F ANE~ ER'OSION PROBLEMS- ALONG THE NORTH LOT LINE INTO CARPENTER ROAD, A PEDESTRIAN ACCESS TO THE BEACH. 3. The amount ~f relief requested is not substantial because: · THE LEAST AMOUNT OF IMPACT WILL BE CREATED BY PLACEMENT OF THE POOL IN THE PROPOSED LOCATION. · THE PROPOSED POOL LOCATION IS A LEVEL AREA THAT IS SCREENED FROM VIEW BY EXISTING LANDSCAPING. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: · NO IMPACT TO THE BLUFF WILL BE CREATED. · NO POTENTIAL FOR EROSION OR RUN-OFF CONDITIONS WILL BE CREATED. · AMPLE DISTANCE TO NEIGHBORING HOUSES ASSURES THAT ANY NOISE GENERATED BY THE POOL EQUIPMENT WILL NOT BE A NUISANCE TO THE NEIGHBORS. = Has the vadance been self-created? ( ) Yes ( X ) No. If not, is the construction existing, as built? ? ( ) Yes ( X ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the ~J3~acter of the neighborhood ano the health, safety and welfare of the community. Catherine Mesiano, Agent for Stephen Sachman SURVEY OF LOT 29 AMENDED MAP A OF NASSAU POINT FlEE No, 156 FILED AUGUST 16, 1922 SITUATED AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 10OO-111-09-09 SCALE 1"=20' JULY 13, 1998 DECEMBER 28, 1998 ADDED TOPOGRAPHY AUGUST 25, 2002 UPDATE SURVEY & ADDED PROPOSED POOL & DECEMBER 30, 2002 UPDATE SURVEY · ADDED TOPOGRAPHY AUGUST 12, 2003 REVISED PROPOSED POOL SEPTEMBER 4, 200,3 POOL STAKEOUT PLAN AREA = 35,04,3.34 sq. ff. (TO TIE LINES) 0.804 (:lC. PATIO , 0,, ',N $ 78.36 GARAGE NOTES: 1. ELEVATIONS ARE EXISTING ELEVATIONS ARE £XISTING CONTOUR LINES O0o REFERENCED TO N.G.V.D. 1929 DATUM SHOWN THUS:~ ARE SHOWN THUS: .... LOT (~ ERAME HOUSE4705 ~56~ ~ ~ -~/J -/ jijD/T~ .~ CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY OF TffLE No, 9808-01690 THE DIME SAVINGS BANK OF NEW YORK, STEPHEN N. SACHMAN ALEXIA QUADRANI PREPARED IN ACCOROANCE WITH IE MINIMUM N,Y,S IJc. No 49668 NEW YORK FSB THE E~ISTENCE OF EIGHTS OF' WAY AND/OR EASEMENTS OF RECORD, IF Joseph A. Ingegno Land 8urv®yor PHONE (651)727-2090 Fax (631)77