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HomeMy WebLinkAbout5351 APPE~VALS BOARD MEMBER~'~ Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando 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:northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION No. 5351 - doseph and Donna St. Pierre '~!:Property Location: 370 Goose Creek Lane, Southold; CTM #79-1-6 SEQRA_ DETERMINATION: The Zoning Board of Appeals has visited the property undgr consideration in.this ~pplication and determines that this review falls under the Type tl category 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' 1~,835 sq. t't. parcel is a narrow, ~ 75 ft, in width along a private right-of-way and 239.95 feet in depth along the west side of the lot The lot as frontage along Goose Creek and contains a bulkhea~l and separa!e retaining wall along the northerly shore front area. The lot is improved with a one-story frei.me dwelling, as shown on the March 26, 2003 survey prepared by Peconic Surveyors, P.C. BASIS O~ APPLICATION: Building Department's April 4, 2003 Notice of Disapproval, ~S~ its denial of a building permit request to construct an additidn to the ex st ng dwe ng w th a s ng e s de yard at less than 10 feet and combined sidle yardsat less than 25 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, at which time written and oral evidence were presented. Based upon all testimony/, documentation, personal inspection of the property, and other evidence, the Zoninlg Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct an addition at the northeast corner of the existing dwelling. The setbacks are proposed at 8 feet from the side, and the combined side yards will be 14.6 feet, at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented, materiaJs 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 30'8" x 20' addition s proposed at a 16' height to the top of the ridge, and will be for a dining room and family room behind the house. The design is aligned with the existing angle of the house, arid the constructio~ will increase the nonconformity to a total side yard of 14.6 feet, arid Page 2 ~ August 7, 2(~ Appl. No. 5351 -J. and D. St. Pierre 79.-1-6 at Southold single side yard will be reduced from 10.3 feet to 8 feet. This type of sunroom is typical in this creek-front neigt~borhood and will not change the character of the area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot has a narrow width of 75 feet and the house is sited at approximately 75 feet from the wood retaining wall, at its closest point. To locate the addition at the opposite side of the house would require substantial redesigning of the house, and the benefit of the views from the new addition would not be available unless it Were placed at the north side, facing Goose Creek. The existing house was placed .by previous owners parallel to the side yards, so even tough the addition is being built straight back from the existing foot print, the side yard setback is reduced because 0fthe angles. 3. The relief granted herein is substantial because the required side yard setback is a 10 ft,, reduction of the code requirement of 25 feet for combined side yards, although it is Onlya 2.2 ft. reduction of the existing nonconforming side yard total of 16.9 feet, The variaince permits a total side yard of 14.6 feet, 4. The difficulty was self-created when an addition was planned and designed which did not conform to the current Town Code requirements. 5. No evidence has been submitted to suggest that the relief requested for a parcel in this waterfront community consisting of narrow lots will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, 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 balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to GRANT the variance requested, as shown on the survey dated Mamh 26, 2003 prepared by Peconic Surveyors, P.C. This action does not authorize 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, Page 3 - August 7, Appl, No. 5351 - J, and D. St. Pierre 79.-1-6 at Southold / setbacks and other features as are expressly/addressed in this action. / Vote of the Board: Ayes: Members Torte/fa (C~airwg~n), G~ehr'~ger, Orlando, and Oliva. (Absentwas Member Horning.) T~s ~,lu~l, ~a's ,~y a/~ ted (4-0). Vir/~nt Drland'6;, Chairman Pro Tern @14/03 Approved for Filinfl NOTICE OF DISAPPROVAL DATE: January 6, 2003 R~NEWED: April4, 2003 TO: JoSeph St. Pierre 370 Goose Creek Road Southold, NY 11971 Please take notice that your application dated December 31. 2002 For permit to construct an addition to an existing single family dwelling at Location of property: 370 Goose Creek Lane, Southold, NY County Tax Map No. 1000 - Section 79_ Block_l Lot_6 Is returned herewith and disapproved on the following grounds: The proposed addition to an existing single-family dwelling~ located on a non-conforming 16.117 square foot parcel in the R-40 zone, is not permitted pursuant to Article XXIV, Section 100-244B, which states that on parcels measuring less than 20,000 square feet in total size, reqmre a minimum single side yard setback of 10 fen and a m'm'maum combined setback of 25 feet. Followine the proposed addition, there will be a single side yard setback of 8.5 feet and a total side yard setback of 15.25 feet. ~-~ Total lot coverage, following construction, will be ~,- 12 percent. S~gnamre 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. NOTICE OF PUBLIC HEARING THURSDAY, JULY 24, 2003 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 bei ~held by the SOUTHOLD TOWN BOARD OF APPEALS at the T~wn Hall 53095 Maintl ~Road, P.O. Box 1179~ Southold, New York 11971-0959, on Thursday, jULY 24~ 2003~? at the time noted below (or as soon thereafter as possible): ; 10:3.0 a.m. Joseph and Donna. St. Pierre #5351. Request for a Variance under Section · ~f00-;244B. basec[~ , on-th,e BUid ng Department's Apri 4, 2003. Not ce of D sapprovali. Applicant p.reposes ai~ addition to the exsting dwelling with a single side yard at less th~n 10-feet arid COmbined side yards at less than 25 feet at 370 Goose (~reek Lane, ,S6utl'i0id; ParceF,10do-79-1-6. The Board of Appeals will hear all persons, or their representatives, desiring to,,.b,~ .h.,..e. ard at each hearing, and/or desiring to submit written statements before the bdr~l~si~r~ ,of .each hearing. Each hea~ing will not start earlier than designated above. Files are, available for review during regular business hours. If you have questions, please do not hesitate to Call (631) 765-1809. Dated: June 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ~REEDOI~ O17 INFORMATION OFFICER Town Hall, 53095 MEn Road P.O. Box 1179 Southold, New York 11971 Fax ~651) 765-6145 Telephone (631) ~65-1800 southoldt own.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk April 22, 2003 Zorfmg Appeal No. 5351 Transmitted herewith is Zoning Appeal No. 5351 of Joseph F. and Donna F. St. Pierre for a variance. Also included is: Notice of Disapproval dated January 6, 2003, renewed April 4, 2003; Project Description; Applicant Transactional Disclosure Form; ZBA Questionnaire; plans; survey; and copy of building permit application. APPLIdATION THE SOUTH, OLD TOWN BOA, Ri)OF APPEALS Fee: $ k~O0 ~ Filed B!,. Date Assigned/Assignment No. Office No~es: Parcel Location: House No. 570 Street Goose Creek Lane SCTM 1000 Section 079 Block 1 Lot(s) 6 Lot Size I (WE) APPEAL THE WRITTEN DETERa¥Ifi'qATION OF D~kTKD: Aug~s£ ~$, 2002 AppNcant/Owner(s): . Joseph F. and Donna F. S~. P2~ Mailing Address: 4 Silver Avenue Huntin,qton Station, NY 11746 Telephone: 631-547-0543 NOTE: If applicant is not the owner, state if applicant ~s owner's attorney, agent, architect, buildei', contrae£ vendee, e~e. Authorized Representative: Address: Hamlet Soathold Zone District R-40 TH]E BUILDING INSPECTOR Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~ Building Permil f3 Certificate of Occupancy [] Pre-Certificate of Occ~ipancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zouing Ordinance by numbers. Do not quote the code. Article ×XIV Section 100- 744B Subsection Rc~y,,de~ Type of Appeal An Appeal is made for: g A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code. Article Section [] Reversal or Other A prior appeal [] has ~has not been made with respect to this property UNDER Appeal No. Year Appeal Application. Continued Part A: AREA VARIA2VC~REASONS fattach extra sheet as needed): (1) An U.lZdesirable dmnge will not be produced iu the CHARACTER of the neighborhood or a detrim~a~ to nearby properties, if grant,d, becanse: The e~ ~k ~ b~ on t~ g~e~ ov~ fif~ ye~ ago and the p~posed ad~on ~ in ~$n ~h the e~ ~id~ of th~ ho~. ~t rsne,(2) Theoth~benefit:sm~g~tfl~a~ a~ araby the'applicaut~arhnce, because:C~NOT be a~hieved by some method feasible for the applicant to (3) The amount of relief requested is not substantial because: The p~opo~ed add/tio~ ~oaehm~ is onl~ I '6n (+-) b~yond the existing s~de yard. (4) Tllg variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed add. LPJ. on Z6 in the rear pon~0n of the e~t~ng ~trueture, mo~e than 95 feet to Goose Creek. (5) Has the variance been self-created? (X) 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 tn the difficulty in meeting the code requirements (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at the same time preserves a~d protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and compt:e~e PART B, Questions 8, 9, and 10 below if USE VARI3dNCE STANDARDS apply. (Please consult your ~ttor~iey.) Otherwise~ please proceed to the siLmature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every. PermRted Use under the Zoning Regulations for the Particular Disteict ~Vhere the Project is Located (please cons Jolt your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN be.cpnse: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured and s Notary Public, Ste~,e of New Yod~ No. 01WE5081426 "~ Qualified 18 Suffolk County _., . Commission Expires June 30 20 ~ ' Signs Swo~l~ to before m? this 1~l. (Agen ~ ~vay et' .~.v.e~h~....., 200~. ~ (Notary Pt~'~lic) ~ -- ~ re~'~ ~l~pellant oi A~f6~zed Agent ~ m~it submit ~¢n~ization from Ownerll ZBA App 08/102 PROJECT DESCRIPTION ~Please include with Z.B.A. Application) Applicant(s): Joseph F. and Donna F. St. Pie~e If building ~s ex~snng mas alterations/additions/renovations are proposed.' A. Please give the dimensions and overall square footage of extensious be', ~nd existina building: Dimensions/size: Sqztare footage:_ 4~0 B. Please give the dimensions and square footage of new proposed foundation areas wl~mh dc nor extend beyond the existing building: Dixnens~ons~size: Square footage: II. If land is vacant: Please glve dimensions and overall square footage of new construction: Dimension/size: Square£ootage: Heiglxt: IH. Purpose and use of new construction requested in this application: Di~ing Room and Family Room (De. rtl IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Oa~ ho~e ~ a one-story re~ch Ho~e to the W~t is a 1½ story home How6e to the East is a 2 story home O~ add~on wi~ not block o~ n~ghbor's view. V. Please sttbmit s'e~ven (7) photos/sets after staking comers of the proposed new construct/on. 7/02 Please note: Farther changes, after submitting the above injbrmation, must be placed in writing a~d may require a new Notice of Disa?flroval to show changes ~o the initial plans. If additional time is ~eeded, please contact our office, or please check with Building Department 765-J802) or A]2peals Dep~rtmenr '765-1809) if you are nor.sure Thank you OF' SOUTHOLD p/ROPERTY RECORD CARD ~N~i~ STREET ~'~ (~ VILLAGE DIST, SUB LOT FOR/~ER OWNER · N E ~ ~ ~ . ~'~ L S /I'~.. ~ / NEW ; NOR~L BELOW ABOVE FA~' . ~r.' ' :Vd~'Pe~':':' Value Till~b ;':' FRONTAGE ON WATER ~ ~ / . . . ~ ~ ~ /~.~ W0~Iond . , FRONTAGE ON ROAD Meodbw~n~ ~ ' DEPTH ou .. . ...... BULKH~D Totol DOCK L COLOR TRIM M. bldg. Extension ExtenSion B reezewa Garage Patio ,Total Foundation ~asement Ext. Walb Fire Place Type Robf Recreation Room Bath Floors Interior Finish Heat RoOmS l~t F!oOr Rooms 2nd FloOr ' DHg~Woy Dinette I<. / o31,00'* ~. AREA = 16,835 sq. ft. to. tie line SURVEY OF PROPERTY A T: SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N K 1000 - 79 - 01- 06 SCALE.. 1" = 30' MAR. 26, 2003 !C. 765 - 1797 1~50 TRAVELER STREET SOUTHOLD~ N.Y. 03- 138 50UTHOLD BAY NOTICE .SUFFOLK SOUTHOLD S~CT,~ NO