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HomeMy WebLinkAbout5354AFPEALS BOA~RD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town HaH 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63~_) 765-1809 http: southoldtown.northfork.net BOARD~OF APPEALS TOWN OF SOUTHOLD R~CE[VED FINDINGS, DELIBERATIONS AND DETERMINATION ~ SFP,~F ~003 ~ MEETING OF AUGUST 7, 2003 ~/. ~ ,~' ~-~, . Appl. No. 5354 - Noel Rapisarda and William Einsel Sou~h~l~ Tow~ {lOrE Prope~y Location: 1095 Shorn Drive GreenpoA; 47-2-23. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under considemti0n in this. application and determines that this review falls under the Type II 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 applicant's 9.375 sq. ft. parcel, shown as Lot 12 and'par[ of Lot 11 on the filed Map of Greenport Shores, has 75 ft. frontage along the east side of Shore Drive and is improved with a single-family, one-stow dwelling. The existing dw,elling contains setbacks at 30.2 feet from the front lot line, 20.1 feet from the southerly side yard, a nonconforming northerly side yard at 8.7 feet on the north sidle, and conforming 27 feet on the south side. BASIS OF APPLICATION: Building Department's April 17, 2003 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct an addition to the existing dwelling for the following reasons: (a) total side yards are less than 25 feet and (b) the front yard Will be less than 35 feet. FINDINGS OF FACT The Zoning BoaCd of Appeals held a public hearing on this application on April 17, 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 an addition as shown on thC January 21, 2003 survey, updated February 5, 2003 by Peconic Surveyors, P.C. The 12.3 ft. x 26.8 ft. addition will be at an elevation of 24 feet, or two- story height, and is proposed at 15 feet from the south property line, for a combined side yard area of 2;3.7 feet, and 32 feet from the front property line: Approximately 35% of this area is existing. REASONS EOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - August 7, 2003 ~ Appl. Ne. 5354 - N. Rapisarda & ano. 47-2-23 at Greenport 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 new construction is proposed at 15 feet from [he southery ct line, which will be approximatey 4.5 feet beyond the existing 20.1 ft. setback. The design of the new 24 ft. high, two-story addition will blended with the style of the existing dwelling to give a farmhouse look. The front of the addition is proposed two feet farther than the existing 30 front setback of the ;dwelling,-which will not be si'gnificantly close to the street. Approximately 35% of tl'iis area is existihg. 2. The, benefit sought by the applicants cannot be achieved by some method, feasible for ~the applicant to pursue, other than an area variance, The dwelling contains limited design options to expand, based on the substandard size of the property (9,375 sq. ft., 75 ff. width and 125 lot depth) and location of the dwelling built on the site in 196~1. 3. The relief granted herein is substantial. The reduction requested is a 33% reduction of the 35ft. (,combined) side yard requirement, allowing a combined side yard.area of 23.7 fe. et. The front yard variance is minima~ for a two ft. reduction of the existing front yard S~tback 4. The, difficulty was self-created when an addition was planned without conformity to the CUrrent Town Code requirements. 5. No evidence has been submitted to suggest that the relief granted in this community of small lots with similar residential setbacks will have an adverse ~mpact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief requested is the m~mmum action necessary and adequate to enable the app cants to enjoy the benef t of an addition to the dwelling, 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 OrlanUo, seconded by Member Goehringer, and duly carried, to GRANT the variances, as applied for, as shown on the survey prepared by Peconic Surveyors, P.C. revised February 5, 2003. 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, P~AQgust 7, 2003 O Appl, No, 5354 - N. Rapisarda & anO. 47-2-23 ¢~ Greenport Yote of the Board: AyeS: Members Torte (~¢f~n~¢Go~ringer, Orlando, and Qi~va. (Ab~ntwas Member Horning~) T~s R~t~tC)C'w~'du_l~//'~opted (4-0). Iii/,,/1 f l,/~/f/x.,~/1.,D' ViC'6/C6'[brla~rd'o, ~hair~an Pro Tern 9/4/03 APproved for Filing h?~O~I'ICE OF DISAPP-ROh~AL DATE: April 17, 2003 TO: William Einsel & Noel Rapisarda 1095 Shore Drive Greenport, NY 11944 Please take notice that your application dated April 17, 2003 For permit to construct a an addition to an existing single family dwelling at Location of property: 1095 Shore Drive, Greemport, NY COunty Tax Map No. 1000 - Section 47 Block 2 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 9,375 square foot lot in the Residential R-40 District, is not permitted pursuant To Article XXIV, Section 100-244, which states that onparcels. meastmng less than 20,000 square feet in total size, a miinmum front yard setback of 35 feet is required and a minimum total side yard setback of 25 feet is requked. Following the proposed construction, the dwelling will have a front yard setback of+/- 35 feet and a total side yard setback of 23.7 feet. Total lot coverage, follov~mg the proposed construction, will be +/- 15 percent. Note to Applicant: Any change or deviation to the above referenced application~ may reo further review by the Sonthold Town Building Department. CC: file, Z.B.A. APPLICA2N TO THE SOIYI'HOLD TOWN ~RD OF APPEA~LS Fee: $ Office Notes: __ Filed By:_ For Office Use Only Date Assigned/Assignraent No. v Parcel Location: House No. lOq~ Street ~h o~.,~ ~)~q -~- Hamlet_ S CTM 1000 Section t~ Block g~ Lot(s) 43 Lot Size q3 q-5-~4.~one District I (V/E) APPEAL THE,WI~, TTEN DETERMINATION OF THE BUILDING INSPECTOR Mailing Telephone:_ ~J APR 1 8 2003 Address: Yelephon~: -- Please specify who you wish correspondence tb be mailed to. from the above list:ed namgs: 5~/Applicant/Owner(s) [3 Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: dBuiiding Permit [] Certificate of Occupancy ~ Pre-Certificate of Occupancy [] Change of Use [] lPennil for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article. Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 10o- 2q/~_Subsection Type of_~ppeal An Appeal is made for: ' [~ 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 [3 has ~as not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach ~s needed): (1) An undesirable change will not be produced in/he CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is 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 v..a. riance been self-create,~?~. ( ) Yes, or (~ No. If not, is the construction existing, as budf? ( ) Yes, or ( c)Aqo. (6) Additional information about the surrounding topography and building areas that relate fo the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and af the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the si.qnafure and notary area below. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 QUESTIONNAIRE FOR FILING WITH YOUR Z,B.A. APPLICATION ~3 Yes Ii,No B. Are there an~roposals to Change or alter land contours? [] Yes ~'No C. 1) Are thers a~y areas that contain wetland grasses? .~.~ 2) ~e we~and ars~ shOWn on the map submitted with this applic~0n? e. ] ~ 3) Isi~ pr°pe~ bulk he0ded between the wetlands area and the upland btfilding ~?- 's~tu] 4) It~ y0~ property, contaias Wetlands 0r p°nd:ar~; have you contacted the office ~o~: the ToWn TmSt0es for its determination of jUrisdiction? 63 [fi~ D. Is there a depressipn or sloping e!gvafion near the area of proposed. ~cr~ns,t,m, cfion at or below five feet above mean sea level? p.]O (If not applicable3 state n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? lO~ _ (If none exist, please state "none".) F. Do you have any coastruction taking place at this time concerning your premises? kJ O If yes, please submit a copy of your building permit and map as approved by the Bu/lding Department. If none, please state. Do you or any co-owner also own other land close to this parcel? where or Submit Copies of deeds. If yes, please explain Please list present ,use or operations conducted at this parcel and proposed use ~ Authorized SignatuFe and Da~/ :1 PROJECT DESCRIPTION (Please include with Z.B.A, Application) Applicant(s) :_ If building is existing and alterations/~/renovations are proposed.' A. Please give the dimensions, and or,rail square footage of extensions beyond existing building: Dimensions/si~e: 13~ Q7 ! B. P~ease give the dimensions and square footage of new proposed foundation areas which do not extend be¥on4 the existing but[dints Dm~ensi0r~/siZe: ~ ~/~'- Sq'aare footage:; II. If land is vacant; Please giYe dimensions and overall square footage of new cons/motion: ~,~ tA DimenSion/size: IJh-~ Square footage:. Height:. III. Purpose and use of r~ew construction requested in this application: IV. Additional information about the surconnding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please subnSt seven (7) photos/sets after stahng comers of the proposed new construction. - 7/02 Plec~e note; Further changes, after submitting the above information, must be placed in writing and may require a ne~4; Notice of Disapproval to show changes to the initial pians. If additional time is needed, piea£e contact olxr off, ce, or ~iease chec/c ~ith Build;ng Department (7d5-1802) or Appea[~' Depa~'~ent (765-1809) ~/you are not sure Tha~/c you. APPLICANT TRANSACTIONAL DISCLOSURE FORM The Fown of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emplo_¥ees. The purpose of this form is [o provide information, which can alert the Town o_f possible conflicts of interest and allow it to take whatever aetiot~ is neeessa~ to avoid same_. (Last namel firs~t name, middle initial, unless you are apply/ng in the name of someone else or other entity, such as a compan~ If so. indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance t/ _ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, ~or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of 8outhold7 "Relationship" includes by blood, marriage, or business mrerest~ "Business interest" means a business, including a partnership, m which the Town officer or employee has even o. partial ownership of (or employment by) a cmporation in which the Town officer or employee owns more than 5% of the shares. / YES NO ~'/ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Somhold: Title or positron of' that person Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibhng, parent, or child ts (check all that apply): A~ the owner of greater than 5~ of the shares of the coq: arare stock of the applicant (when the applicant is a coi?oration); B) the legal or beneficial owner of any mmmst m a non-corporate entity (when the applicant is not a corporation): C) an officer, director, parrner, or employee of the applicant; or D} the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Print © © l'qJB L I C NOT~C E SPRING LEAF AND BRUSH CLEAN U P 1. ABSOI.UTELY NO STUMPS WILLBE PICK.ED UP; 2. ALL BRANCHES ~UST BE iN LEnGThS NO LONGER THAN 6-FEET; LEAF AN~ G~SS CLiP.CS M~ST'BE CONWA~ED IN BAGS~ (SEE BELOW) OR BO~S; 'NO ~OOSE ~ATERIAL(S/, ,. } ~. ALL BAGS OF LEAVES AN~ PILES OF B~NCklES/BKUS~ ~T 5. WE WILL NOW PI~KUP:~ HOUS~OLD ~EMS. CONSTRUCTION DEBRIS~ 6. T~IS SERVICE ~ DESIGNATED FOR YARD CLEA~P ONLY NO LAND CLEARING D~B~ WILL BE T~GN; 7. PER RESIDENCE: NOT MORE TITAN [1] ONE 4 TO 6-YA~ DUMP TRUCK LOAD W~L BE 8 ' ~Y ITEMS TICI~TED.~R REMOVAL BY YOUR LOCAL CARTER MUST BE ,:~ . ~O~D FRO~ T~ TOWN ~T-OF=W~ ,9. ONCE YOUR ~ I.~S BEEN PIC~D U~, BE AD~ISEDr W~ ~LL NOT -~;~LgAS~ IIA~E ALL ITEMS ~ADY FOR PICI(U~ IN YOUR RESFECTIVE A~A(S) [INCLUDING RES~ENTS OF FISHE~ ISLAND[BY T~E FOLLOWING DATE: MONDAY, APRIL 21 8:00 TOWN P;cCKUP WILL COMMENCE IN LAUREL; 'WE WILL YVOI:~C_ IN AN EASTER.LY DIRECTION AND THE CLEANUP WILL END IN ORIENT_ THERE WILL BE A (4) FOU'K-WEEK GRACE ~'t~RIOD AT THE TOWN LANDFILL DUg_lNG SPRING CLEANU'P. THIS G~CE PE~OD W~L START APRIL 19 AND E~ :MAY t8; 2003. 'D~G THIS T~E; YO~,MAY DISPOSE OF LEAVES AND BRUSH. EREE OF C~ARGE, ~ YOU CHOOSE TO T~CE THESE ITEMS D~CTLY TO THE LANDF~L. ['*PLEASE NOTE:. THE LANDFILL WILL ONLY ACCEPT YOUR LEAVES IF THEY ARE: 1_ LOOSE OR 2. IN BIODEGI~ADABLE BAGS (WHICI-I ARE AVAILABLE AT THE LANDFILL DURING CLEANUP, FI~EE OF CHARGE). THE LANDFILL STRESSES THAT THEY WILL NOT ACCEPT LEAVES IN ANY BAGS OTHER THAN BIODEGRADABLE ONES, PLEASE: DO NOT USE TI{E FREE LANDEILL--SUPPLIED BIODEGRADABLE BAGS FOR ANY LEAVES WHICH ARE NOT TAKEN TO THE LANDFILL YOURSELF IN THE EVENT YOU DO NO]; POSSESS A LANDFILL PERi,AiT. TI-IE USUAL ENTRY -ia~E WILLBE CHARGED. ANY QUESTIONS? PLEASE CALL 765-3140. PETER W. H.AlqS?dS SLrPErdNTENDENT OF LIIGHWAYS SOUTHOLD TOWN ltIGH'~VAY DEPARTMENT APPEALS B~ARD MEMBERS Lydia ~a~ Tortora, Chainvoman Gerard P. Goehringer George Homing Ruth D. Oliva V~mCent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD 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://southoldtov~t.nor th fork.net September 4, 2003 Mr. William Einsel Ms. Noel Rapisarda 60 East '12th St., #105 New York, NY 10003 Re: Appl. No. 5354- Variance Dear Mr. Einsel and Ms. Rapisarda: Enclosed please find a copy of the Board's determination regarding your variance application. Please be sure to contact the Building Department (765-1802) for the next step of the zoning rewew and application process regarding your request for a building permit or certificate of occupancy. If amended plans are necessary, you may want to include an extra copy of the variance determination. Thankyou. Very truly yours, Linda Kowalski Enclosure Extra Copy of Decision furnished on 9/4/03 to: Building Department O ELIZABETH A. :IVEVIL! ,E TOWN CLERK REGISTRAR OF ViTAL STATISTICS 1VLARRIAGE OFFICER RECORDS IMANAGE1VIENT OFFICER FREEDOM OF INFOI~VIATION OFFICER 0 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southold~own,norglffork.n~t OFFICE OF THE TOWN CLERK TOWN~F SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk April 28, 2003 Zoning Appeal No. 5354 Transmitted herewith is Zoning Appeal No. 5354 William Enisel and Noel Rapisarda for a variance. Also included is: Project Description; Applicanl transactional Disclosure Form; ZBA Questionnaire; Notice of Disapproval dated April 17, 2003; copy of building permit application; copies of property card; and survey. Town Of Southold O P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/28/03 Transaction(s): Application Fees Receipt#: 1699 Subtotal $4oo.:oQ Check#:1699 Total Paid: $400.00 Name: Clerk ID: Einsel, William & Noel Rapisard 1095 Shore Drive Greenport, NY 11944 LiNDAC Internal ID: 73914 © NOTICE OF PUBLIC HEARING THURSDAY, JULY 24, 2003 SOUTHOLD TOWN BOARD OF APPEALS ~NOT CE is HEREBY G VEN pursuant to Section 267 of the Town Law a~l (~iapter 100 (zOning), Code of the Town of Southold, the following public ihearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, JULY 24, 2003, at the time noted below (or as soon thereafter as .possible): 9:40 a.m. Noel Rapisarda #5354. Request for a Variance under Section 100-244, based on the Building Department's April 17, 2003 Notice of Disapproval. Applicant proposes an addition to the existing dwelling with te:tal side yards at less than ~ -- -' -- :: of 35 feet, at 1095 Shore Drive, GreenPort; 1000-47-'~. P~-~.~- ou~( ¢'/~ The Board of Appeals will hear all persons~ or their representatives, desiring ,to be hearC~ at each hearing, and/or desiring to submit written statements before the conclu$iog of each ,hearing~ Each hearing 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 I..I'X; M'.'%( )'1 I(.'1'2 Icv~ '[, ;..!] :5 C'¢[. ar 370 NOI 'rllOI.D '1 t')~,l, % (. ,~,~ I.aue.,.Not)dtott[;- I)amcl 'B(I MID O .' M)PE M.S I0f)0-7%1-()... . I'l I L:I~SI) hS..I t:l 3' Z4. 2003 D):~0. :LI~L' ] ).'~ic[ ( 'd,l[, PL BI.l(' lie ~l~1%(/~ ' >3,6. 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GAFFNEY SUFFOLK COUNT'¢ EXECUTIVE DEPARTMENT OF PLANNING September 29, 2003 Town of Southold Zoning Board of Appeals THOMAS ISLES, AIOP ~ h~ E CTO R,~ e F- ~ LA ~iq [i~G OCT 8 2083 Pursuant to the requirements of Sections A I4-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) New Suffolk Shipyard* Melhado, Warren Sormenbom, Donald Frghne, Frederick I{urtad0, John** Antoniou, Lefldos Cephas, Derrick* * * McKee~ James St~ pierre, Joseph Rock; Crystal Carney, Thomas ~Rapi~arada, Noel Reed} William KenZ~.,e.d:, Jay Baig~ Tafig** Goggiag~ William & Donna Municipal File Number(s) 5149 5287 5315 5317 5319 5344 5346 5350 5351 5352 5353 5354 5356 5358 5360 5369 5382 ~Atternate relief appears warranted consistent with appropriate developmental restrictions, particu~ly as set forth by the Z.B.A. ** Appears inappropriate as sufficient information has not been submitted to demonstrate compliance witli applicable variance criteria, particularly as relates to the swknming pool (#5319) and two family dwelling (#5389). LOCA~Oi4 MAILING ADDRESS . H. LEEDENNI~ON BLDG.-4TH FLOOR · P.O. BOX6100 · (516) 853-5190 APPEALS BOARD MEMBERS~ Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD 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 September 23, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5354 - Rapisarda, Noel Action Requested: Addition, front/side setback. Within 500 feet of: ×t State or County Road Waterway (Bay, Sound, or Estuary) Boundary of Existing or Proposed County, State, Federal land If any other information is needed, please do not hesitate to call us. Thank you. Very trulyyours, Lydia A. Tortora, Chairwoman Southold Zoning Board of Appeals LAT:jb Enc.