HomeMy WebLinkAbout5469
APPEALS BOARD I~fEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Gockringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
Somhold Town Hall
53095 Main Road
P.O. Box 1179
Sou£hold, NY 11971-0959
TeL (631) 765-1809
Fax (631) 765-9064
http:.,~southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD RECEIVED
FINDINGS, DELIBERATIONS AND DETERMINATION //
MEETING OF APRIL 8, 2004
Re[. ¢ 5469 - FREDERICK and DOROTHY CHARNEWS
Prope~ Location: 1675 Pequash Avenue, Cutchogue ~e~ ~'~n C~erk
CTM ¢103-7-16.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration 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 40,000 sq. ft. parcel is shown as Lot 4 on the
Map of Big Green Acres filed July 12, 1972. The parcel is improved with a 1-1/2 stow frame house
with attached garage and an accessory shed, as shown on the August 22, 2000 survey, amended
September 19, 2003, by Joseph A. Ingegno, L.S. The dwelling is situated 69.1 ft. to the front lot line,
51.9 feet to the rear Iine, 64.3 feet from the south/east side line, and at least 80 feet from the west
side line.
BASIS OF APPLICATION: Building Depar[ment's November 3, 2003 Notice of Disapproval, citing
Cede Section 100-30A.3 in its denial of a building permit application concerning a proposed garage
addition with a setback at less than 50 feet from the rear property line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, 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 12 ft. garage addition
adjacent to the existing two-car garage attached to the dwelling, with a height of 19 feet to the top of
the ridge, leaving a 40 R. rear yard setback, maintaining the same side line as the west side of the
house.
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 property contains 40,000 sq. ft. of area and
the applicants' home with attached two-car garage is centered. The property is landscaped
Page 2 - A.pr[[ 8. 2004
ZB~ No. 5469 - F. and D. Charnews "~'~' '"~'~
CTM 1000-103-7-16
extensively and contains a large circular driveway, The proposed garage addition is designed to
blend into the house and will be constructed behind the dwelling.
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 the extensive landscaping is well-
established with a large acoess/ddveway along the westerly yard.
3. The relief requested is substantial. The requested 40 ft. rear yard setback is a 10 ft. reduction of
the 50 ft. code requirement.
4. The difficulty was self-created when the new construction was planned with knowledge of current
zoning restrictions.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant of this relief is the minimum action necessary and adequate to enable the applicants 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 Goehringer, seconded by
Member Orlando, and duly carried, to
GRANT the variance, as applied for with only the utility of electric in the garage, as shown on
the architectural diagrams dated 10/03 prepared by Christopher Stress, A.I.A. and August
22, 2000 survey, amended September 19, 2003. by Joseph A. Ingegno, L.S.
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 Cede, other than such uses, setbacks and other features as are expressly
addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman). Goehringer, Tortora, Orlando, and Dinizio.
This Resolution was duly adopted (5-0).-'~
Ruth D. Oliva, Chairwoman 4/-'~,/04
Approved for Filing
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: November 3, 2003
TO:
Frederick & Dorothy Chamews
1675 PequashAve.
Cutchogue, NY 11935
Please take notice that your application dated October 29,2003
For permit to an addition to a single family dwelling at
Location of property: 1675 Pequash Ave.,Cutchogue, NY
County Tax Map No. 1000 - Section 103 Block 7 Lot 16
Is returned herewith and disapproved on the following grounds:
The proposed construction, on tiffs conforming 40.000 square foot lot in the Residential R-40 District,
is not permitted pursuant to the Bulk Schedule for residential districts, which states, the required rear
yard setback for a lot measurin~ 40~000 square feet in total size, require a min'Lmtm~ rear yard setback
of 50 feet.
Followin~ the proposed construction, the new single-family dwelling will have a rear yard setback of
The relief requested is 10'.
Total lot coverao~e, will be less than 20% percent.
~Authorized Signature
Note to Applicant: Any change or deviation to the abosre referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z_B.A.
APPLICATION TO THE SOUTltOLD TOXVN BOARD OF APPEALS
For Office L?e Oniy
Date Assigned,'A~sJgn'ment No. ~"-~2. ~
Parcel Location: House No. :/~Qs'street
SCTM 1000 Section~/_~_~__t~lock ~q Lot(s).___
Lot Size /?~Ce- Zone District
I ('WE) APPEAL THE V~IqlTTEN DETER]MINATION OF THE BUILDING INSPECTOR
DATED:
Mailing
Authorized Representative:
Addl ess:
Telephone:
Please specify who you wish correspondence ti) be mailed to, from the above listed nam?s:
~ Applicant,'Owner(~) ~ Authorized Representative [] Other:
Yv3IEREBY THE BUII. DING INSPECTOR DENIED AN APPLICATION DATED
FOR:
[KBuilding Permit
[~ Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
~ Permit for ~&s-Built Construction
½
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
efZonlng Ordinance by numbers. Do £mt quote the code.
Article Section 100- Subsection
T3rpe of Appeal. An Appeal is made for:
~/,.A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by Ne~ York Town Law-Section 250-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal [] has ~.~has nolr been made with respect to this properey UNDER A.ppeal
No. Year 5
Page 2 of 3 - Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment fo nearby properties, if granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by'some method feasible for the
applicant fo pursue, other than an area variance, because:
(3) The amount of relief recflbesfed is not substantial because:
(4)~" "~The variance will NOT have an adverse effect or impact on the physical or environmental
co~ition, s in the ?eighb, orhood or disfricfbecause: ~T$
(5) Has the variance been'"~elf-creal~d? ( - ) Yes. or (...~No. If not. is the construction
existing, as built? ( ) Yes, or
(6) Additional information about the surrounding topography and building areas that relate to
the difficulty In meeting the code requirements,: ~q~tach. extra sheet as needed)
[ L~.
[ -- - - ~ ~ ~ 'Z
This is the MINIMUM fhaf 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 fo apply. USE VARIANCE
STANDARDS. (Please consult your attorney.) Otherwise, please proceed I~o the si.qnafure and
notary area below.
Sworn to before m ,his
~{,N ora ry Public)
Signature of Apl~e~nt or Authorized Agent
(Agent must submit Authorization tram Owner)
ZBA App 9/30/02
'7"
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s):
I. lfbuildina is existina and aiteratiens/additions/renovations are proposed:
A. Please give the dimensions and ovdra~square footaae of extensions beTond existina btlilding:
Dimensions/size:
Square footage: ' '
B. Please giw the ~mensions and square footage of new proposed lo.clarion areas which do not
extend b~vond ~e ~xist~g build~:
Dimensions/size:
~. ~landis vacant:
Please giv~ dimensions ~d owrmll squar~ footage of new const~oiion:
Dim~miogsiz~:
Square footage:
Height:
m. Purpose and use of new construction requested in this application:
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
V. Please submit seven (7) photos/sets after st~king comers of the proposed new construction.
7/O2
Please note: Further change& after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact o*tr office, or Iolease check with Building Department (765 ] 80~i or Aj:peals Department
(765-1809.) if 3 ou are not sure. Thank you.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes ,~o
Are there any proposals to change or alter land contours?
[] Yes
1) Are there an5' areas that contain wetland grasses'? '~.4D '
2) Are the wetland areas shown on the map submitted with this application? ~
3) Is the property bulk headed betweea the wetlands area and the upland building area?
4) If your property contains ~xetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ~
Is there a depression or sloping elevation near the area of proposed construction al: or below five
feet above mean sea level? ~//t~-- (k-not applicable, state '~-n/a" )
Are there any patios, concrete bamers, bulkheads or fences that exist and am not shown
on the sum'ey map that you are submitting? ~ (If none exist, please state
Do you have any construction taking place at th~s time concerning )'our promises?
If_yes, please submit a cop), of your building pemfit and map as approved by the Building
Department. If none, please state.
G. Do you or any' co-owner also ox~ other land close to this parcel? 4~ If 5'es, please explain
where or submtt copies of deeds
H. Please list present use or operations conducted at this parcel
and proposed use .D~O~"'~ ~
Authonz!~-gnature: and Date
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chainvoman
Gerard P. Ooehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
hrtp://southoldtown.nor th fork. net
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 13, 2004
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
Mr. and Mrs. Frederick Charnews
P.O. Box 1031
Cutchogue, NY 11935
Re: Appl. No. 5469 - Setback Variance
Dear Mr. and Mrs. Charnews:
Please find enclosed a copy of the determination rendered by the Board of Appeals at its
meeting of April 8, 2004. Please be sure to contact the Building Department (765-1802) regarding
the next step in the building and zoning review process_ You may want to furnish an extra copy of
the enclosed determination with any other documents that may be requested by the Building
Department for final reviews.
Thank you.
Very truly yours,
Enclosure
Copy of Decision 4/13/04 to:
Building Department
Linda Kowalski
EI.17, ABETIi A. NEVILLE
TOWN CLERK
KEGISTHAR OF VITAL STATISTICS
MAP,.RL~ GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Ma/n Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nortkfork_ne~
TO:
FROM:
DATED:
RE:
OFFICE OF TH~ TOWN CLERK
TOWN OF SOUTHOLD
Southold Totem Zoning Board of Appeals
Elizabeth A. Neville
December 19, 2003
Zoning Appeal No. 5469
TraRsmitted herex~ ith is Zoning _appeals No. 5469 - Frederick Charnews - Zoning Board of
Appeals application for variauce. Also included is notice of disapproval, ZBA questiom~ake,
project description, pl~otos, stax,ey, and plans.
Town Of Southold
P.O Box 1179
'*~Southold,-- NY 11971
* * * RECEIPT * * *
Date: 12/19/03
Transaction(s):
Application Fees
Receipt#:
200
Subtotal
$400.00
Check#: 0220
Total Paid: $400.00
Name:
Clerk ID:
Charnews, Frederick J
Po Box 1031
1675 Pequash Avenue
Cutchouge, NY 11935
LYNDAB
Internal ID: 84186
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, MARCH 16, 2004 PUBLIC HEARING
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, P.O. Box 1179, Southold, New York 11971-0959, on
THURSDAY, MARCH 18, 2004, at the time noted below (or as soon thereafter as possible):
9:45 a.m. FREDERICK and DOROTHY CHARNEWS #5469. This is a request for a Variance
under Section 100-30A.3 (ref. bulk schedule) based on the Building Department's November 3,
2003 Notice of Disapproval concerning a proposed addition with a setback at less than 50 feet
from the rear property line, at 1675 Pequash Avenue, Cutchogue; CTM 103-7-16.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desirii~g to submit written statements before the conclusion 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: February 23, 2004.
BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
SEfrARo #5496. This is a request for a
lln~; , fit 1167~' Pequhsh '. Avenhe,
Cutchogue~ GI3,I J03ZT~16.
'4~3497_ ~nis is~4am'ne~.'~uest fol- a Variance
· 10:35 a.m.S. TE~EN D..'kXELROD
and SANDRA, SCI~OONT #5500.
e~g dwell~g ~ch is lffss ~ 10
. 10:40 a.m OEORGEi~:"DON-'
100-26 to. ~e~ ~t ~, Map of
~at.6y me Se~.S~aon One, shown:
eq. k., shown frs ,C~ ,15-~-I0
co,~m-age'exceediag th~ code thmtadmi
:ol;~O % of the'ibiar~a, and atler this n~w
~o.¢nkaon, mt~x~an~g~ wm b~
at the :sMe yard 'of the 'ne~' acklifion
msm?/t2of a cod~-'reqtmred rea~. ,3~d, at
.. '.
~II;L0IT ,95491. T~;is asequest for
D.eP_.~, .enlt'S O~tol~r-~.7. 2003 .Notice.
bf. p~.oro,,~a ~oy0emt. g ~ ~r~po,ea ·
'0.965 acres). ~ . .
ll:O0;a:rm DONA&i'D .hntl
strnm '~/s4S¢ ~ [~-~ ',&liieit
Building. Dq~arlme~t's Jt~)'. 2B,. 2603.
· .Febrtmw.3,: 2004, co~g~
poSefl ad..di~.'.qgs anc!.-.~
aoin the .f/~ixt 'proper¢
· #5~8:7. Tolmme~ocrM. J000-96-1- adjacent to I]l'e l_oag .~!aild.$OUarrd. f~'
. fi; ~ (~'I:'M[ 120.00-96- on the Btdk:Ymg De~rtmenC~ F~bma}-s
r'~I~sgN
.. ~'Se~gns_:. The l~a~ai.;,~r .~i~'.,Y..~' lak~ ;all'
· . _ Fbfma~y'..5, ,x,~_ ia be l-,ea~d ar em:li h~afiag: ami'bt
1¥ [~,;i: .... ' ' .,
Ih. coL' tcquit;d -em v't ,I '. ,-~ 9 ' in~k 'k~ar yard. Location of P~ol~riy: [ate lo ea11163A~ 765-1~C.0.
bl=lli R,rll ¢)ll,'rl. I'll~.l :,ir, If" ' ltg5 ~gohd.'}d!at~mek CTM 106- Da~ed:Febmm'y23~,2(~4.
' N
/ /
4
~o~ (~
xx ~
LOT 4
MAP OF
BIG GREEN ACRES
FILE No, 5757 FILED: JULY 12, 1972
SITUA TED A T
CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-10.3-07-16
SCALE 1"=20'
AUGUST 22, 2000
19, 2003 PROPOSED ADDITION
SEPTEMBER
AREA = 40,000.00 sq. ff.
0,918 ac.
CERTIFIED TO:
DOROTHY J. CHARNEWS
FREDERICK J, CHARNEWS
Joseph A. Ingegno
Land Surveyor
PHONE (631)727-2090 Fox (63~)727-1727
99-518A