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HomeMy WebLinkAbout5515 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION ..]~A¥ '[ 0 200~. MEETING OF MAY 6, 2004 ' ZBA ,5515SE- William Bauer Street & Locality: CTM 97-3-7 Date of Public Hearing: April 22, 2004 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. The Zoning Board of Appeals held a public hearing on this application on April 22, 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: REQUEST MADE BY APPLICANT: The Applicant-Owner-Resident, William Bauer, requests a Special Exception as provided under Adicle III, Section 100-31B. sub-section 13 of the Zoning Code, to establish an Accessory Apartment within the existing principal building. The original house was built in about 1940, and Certificate of Occupancy #Z9694 dated September 26, 1979 (regarding work authorized under Building Permit #7920-Z dated March 13, 1975) was issued for the premises. PROPERTY FACTS/DESCRIPTION: This property is 18,498 sq. ft. with 100 ft. on the west side of Bay Avenue, in Peconic. The properly is improved with an existing 2,238 sq. ft..frame house with two floors, and an accessory shed, shown on a survey prepared 2-19-04 by J. Ehlers. The survey also shows both single-wide and double-wide driveways, and the dwelling (including the front access ramp structure) situated at 49 feet from the front lot line at .its closest point. FINDINGS OF FACT In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-31B(13) to establish an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment is proposed with a livable area of approximately 620 sq. ft. on the first floor of the dwelling. The Apartment unit will.be meet the code requirement at less than the 40% (at 28% of the existing floor area, and approximately 20% of the total floor area after the second floor is completed.) Pag~ 2 - M~y 6, 2004 SE #5515 -W. Bauer CTM 97-3-7 at Peconic 2. William Bauer, the applicant, is the owner and will continue to occupy the dwelling as a principal residence while the accessory apartment is occupied as a single-family unit. 3. The applicants' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the open yard and driveway areas. 4. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. After completion of the second stow, the dwelling will contain 3,125+- sq. ft. The applicant confirmed the floor area of the one-bedroom apartment to be 620+- sq. ft., shown on the floor plan prepared by Penny Lumber 3-16-04, with the upstairs occupied by the owner after completion. 5. The plans indicate that exterior entry to the Accessory Apartment of the existing one-family dwelling will retain the existing appearance of a one-family dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following Findings of Fact to be true and relevant: SPECIAL EXCEPTION 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 5) This zoning use is authorized by the Zoning Code through the Board of Appeals, as noted herein, and a Certificate for Occupancy from the Building Inspector is a code requirement before an Accessory Apartment may be occupied. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. Pag~ 3 - M~y 6, 2004 SE #5515 -W. Bauer '~ CTM 97-3-7 at Peconic 7) A Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Ch. 100 of Zoning for an Accessory Apartment use. RESOLUTION: On motion by Chairwoman Oliva, seconded by Member Goehdnger, it was RESOLVED, to GRANT the Special Exception application for an Accessory Apartment, to be used in conjunction with applicant-owner's residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The driveway shall provide sufficient turning area to prevent backing out of vehicles onto the street. 2. A Certificate of Occupancy or other necessary written compliance document shall be obtained from the Building Department before occupancy of the Accessory Apartment. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer and Dinizio. (Members Tortora and Orlando were absent.) This Resol, utign was duly adopted (3-0). RUTH D. OLIVA, CHAIRWOMAN 5/7/04 ,Page 3 of 3 TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD,.NEW YORK: Application No. Date Filed:~ ~ (H-alftlet, State,. Zip Code) of '~ ~ ~-~-~< ~x_.cZ~Wt_~Z House No. and Street hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION ~ ~D~I~ , SUBSECTION ~_~ for the below-described property for the following uses and purposes: '- BAUER; WILLIAM 97-3:7 551'5 LT ' ' SE - ACCY APT 350 SKUNK LANE CUTCHOGUE MAR 8 2004 as shown on the attached plan drawn to scale. A. Statemen~ of Ownership and Interest. known and referred to as ~(Z~ ~\~L~__ (House No., Street, Hamlet)~g¢~o identified on the Suffolk County Tax Maps as District 1000, SectionO~, Block Lot¢©~ , which is (is not) on a subdivision map (Fi.led. ~p of "Filed Map No. The above-described property was acquired by the owner on ~¢'~. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimensal to property or persons in the neighborhood for the following reasons: is (~e),the owner(s) of property ). C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's prinqipal residence. The other dwelling unit which is part of thi~ application shall be leased for year-round occupancy, evidenced by 8 written lease for a term of one or more years, which'will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of li.vable floor area. (continued on page two) Application for Special Exception Page Two (continued) 4. The accesso'ry apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. §. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on th~ attached plan. 7. Not more than one (1) accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section lO0-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartments is made on the existing foundation as shown on the attached plans. 11. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwel. iing units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwellin§ or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been ~n existence and has a valid Certificate of Occupancy issued prior to January l, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with al~ other requirements of Chapter i00 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss,: Sworn to before me this I(~day of tary F~ubl ic) - -. LYNDA M. BOHN NOTARY PUBLIC, S~ate of New York No. 01 B06020932 Qualified in Suii.,olk County ZB5 2/6/86 Term Expires March 8, 20 o_.Z The property which is the subject of this application is zoned· and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnishec~. · (Signatu~re) ~ ? '",,'~..~" ~ ",C'~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {~No. (If Yes, please a~tach copy of "conditions" of sale.] Are there any proposals to change or alter land contours? } Yes { } No 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted with this application? 3. Is the prope=ty bulk~headed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination o~ jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Hr- ~ (If not applicable, state "N.A.") F~ Are there any patios, concrete barriers, bulkheads or.fences which exist and are not shown on ~h~ survey map that you are submitting? ~ If none exist, please state "none." G. .Do you have any construction taking place at this time concerning your premises? ~OD~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ ~ If yes, please explain where or submit copies of deeds. I. Please ll~ present use~or operations conducted ~~. Authorized sign~'~e and ~ate ~k~ 3/87, 10/901k APP£.~LS B OkRD MJ~M:BERS Gerard E Goehringer. Chairm~ Serge Doyen. Jr_ 3ames Dinizio, Lydia A. Toners Soumold Town Mail 53095 Main Road Re Box 't179 Sou[hold. New York 11971 F~x (516) 765-1g25 Tei~phone (516) 765-1809 BOARD OF A-I:'PEALS TOWN OF SOUTHOLD N~mes of Current Rmsidents/Occu:~ts. of the subject ~ow=_ ~-m!ses' -. C~r.--ent Occ'apa~5 are: (ple=--~e check one or mere Boxes) ( } Tenants with Written Lease Tenants without Written Lease Curt ~=n~ Owner · Contract Vendees Proposed Occ-~pa~ts/ResidenCs u~der ~ Subjec~ Application Residents NOT~: By not checkinq one or mere of t~e above,, it i$ a~sumed tha~ ~%e c~ren~ Occupants ~e ~o~ te~ts wi~ a ~ittan or without a written lease, are not ~r~nu o~era, ~e. net ~der ~ke S~ject AppLica~n,' ~d/'ar have a differenc Zs the ~u~jac% pr~mises lia~ad on ti/e rea! estat~ market for sale cr being shcwn ~o prospective buyers? ( ' } Yes APPLICANT The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees, 'The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to bake whatever action is necessary bo avoid same. YOUR NAHE= (Last name,, first name, middle lnLtial, you are applyitlg in bb~- name 'Bbe other pe~son'~ or company' NATURE OF APPLICATION: (Check all that apply.) Change of zone Approval 'of' plat Exemption from pia~ or o£f[cial map , (If "Other," marne tile activity. ) Ilo you personally (or through your eomp~y. ~pou~e, parent, or child) haY._ ~ relagton*htp ~[th any o[[Ic*r or employee of ~h~ To~n of Soutbold7 'Rolablon~htp" includes by blood,, marriage, or t),~,i, ne~s Interest. o~or*hip oi (or employment by) a corporation tn ~hich YES NO~/'' APPEALS BOARD MEMBERS Ruth D, Oliva, Chairwoman Gerard P. Goekringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http:/'southoldtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 10, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. William Bauer P.O. Box 525 Cutchogue, NY 11935 Re: Appl. #5515 - Special Exception (Accessory Apartment) Dear Mr. Bauer: Please find enclosed a copy of the determination rendered by the Board of Appeals at its meeting of May 6, 2004. Please be sure to contact the Building Department (765- 1802) regarding the next step in the building and zoning review process. You may consider furnishing an extra copy of the enclosed determination at the time of submitting other documents that may be requested by the Building Department for final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 5/10/04 to: Building Department Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Tov~a Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtowm.nortkfork.net TO: FROM: DATED: RE: OFFICE OF TI-I-E TOWN CLERK TOWN OF SOUTHOLD Southold Toxvn Zoning Board of.Appeals Elizabeth A. Neville March 17, 2004 Zoning Appeal No. 5515 Transmitted herewith is Zoning Appeals No. 5515 - of William Bauer - Zoning Board of Appeals application for variance. Also included is application for special exception, accessory apartment, letter fi:om William Bauer dated March 16, 2004, Certificate of occupancy dated September 26, 1979~ survey of property, 2 copies of floor plan, ZBA questionnaire, Board of .appeals questionnaire dated March 16, 2004, transactional disclosure form, Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/17/04 Transaction(s): Application Fees Receipt#: 349 Subtotal $400.00 Check#: 349 Total Paid: $400.00 Name: Bauer, William A 350 Skunk La. Cutchogue, N.y. 11935 Clerk ID: BONNIED InTernal ID: 90985 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22, 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, Southo[d, New York 11971-0959, on THURSDAY, APRIL 22, 2004, at the time noted below (or as soon thereafter as possible): 10:50 a.m. WILLIAM BAUER #5515. This is a request for a Special Exception under Section 100- 31B(13) to establish an Accessory Apartment in conjunction with the owner's residence, at 350 Skunk Lane, Cutchogue; CTM 97-3-7. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/ar desiring to submit written statements before the conclusion of each hearing. Each headng will not start earlier than designated above. Files are avai]ab]e for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 24, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #6018 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a newspaper, published at Mattituck, in the Town of Southold, County of and State of New York, and that the Notice of which the annexed is a copy, has been regularly published in said Newspaper once each wee~ 1 weeks successively, commencing en the 8th day of _ April ,2004. CHRIST!NA VOLINSKI N©!&~'r /'USLIC-S'tATE OF NEW YORK N~, 01-VO610~050 O~/c~flflecl In Suffolk County ~ommi~sion E~plres Febr~ory 28, ~00~ ~wom to before me this 2004 . ~, _ LEGAL NOTICE $OlYI'HOLD TOWN ~u~st ~r.a S~ Ex~Lqn , Prin~ -lO~00 a.m. CIIRISTOPItER and 2004 Notice of DisapprovM concemthg proposed additions to dwell;nB which CTM 6-8- L #5508. This i~ a request for a Variance trader Sectthms 100-242A and i00-244. Februat3 23, 2004 Nor_ice- of Disapproval concemlng proposed adth- than 35 feet, at 10 Middleto~ Road, 10:20 a_m, ROBERT and SUSAN TOMAN #5507. This is a request for a Variance under Section 100-244, ba~ed '2~, 200~ Notice of D/sapproval eon- ~480 Main Ba~iew Road, Southold; CTb178-2-13. 100-24ZA aud 100-244, ~ on the N~tice bt' Disiq~roval concern/nB feet on a sLqgle side yard. at 9900 Sound 10:40 mtn. FR~qcoIs A~TD SLL ZANNE LAT.&PIE 4P5q456. Tths is a ~.~que,~t thr a \'LqSauce under Section 100-o$, based dit the Buildino Departmem's lull, 15, 2003 Notice 10:50 a.m. WIICLL&M BAILER #5515. This i~ a request for a Speciu/ E~ception under Section 100-31B(13) to establish au Accessory Apartment Lq at 350 SloloR Lane, Curchogne: CTM ll:OO a.m. LOCKE 1:55 p.m. JOHN and ~RANDVOI, D #5516. Tbd~ is a reqae. rot ~ Variance under Sections 100-242: ~md 100-2~ and I00 239.4B. concern dwellh~g which ~LII be less than 10 on a single aide 3~c. rd, Ie-~s than 15 fee on/be rernamLqg side vard, for co~ side )ards at less thar~ 25 {~¢t. :md less that 75 feet from the bulkhead. Location Pr°peris: 1955 Bay Shore Road. Greenporr: CTM 53-4~10. 2:t5 p.m. EOWAN IlO/DING LLC #5505. This Ls a reaue~t for a ~hriance Under Section 100~4. ba~ed SA2qDKA. SCHPOONT #5502. This dwelli-g wMeh ~ill be less than 20 1:35 p.m. STEPHEN and THERE- SA BARTENOPE q~5517. Tiffs is a l:45 pmk. TOM and SIc'SAN MER- 9cc~so0' btdld~ (storage pool house) DEPARTMENT OF PLANNING Town of Southold Zon/ng Board of Appeals COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE May 19, 2004 THOMAS ISles, AICP DIRECTOR OF pLANNING Pm-suant to the requirements of Sections A 14-14 to 23 of the Suf~l~~ :Code, the following application(s) submitted to the Suffolk County Planning Comfission is/are considered to be a matter for local detenn/nation as there appears to be no si~mCficant county-wide or inter-community impact(s). A decision of local determination shotdd not be consm~ed as ~th~ m, approval or a disapproval. Applicant(s) Municipal File Number(s) Comwell, Thomas Vaccaricllo, Len (Southold Floor covemings) Corn%, Everett & Marilyn Cowan Holding LLC Santacroce, Carol Toman, Robert & Susan Kot/k, Lassa'ence Edwards, Christopher & Trudi Romanelli, John & Heather Meriam, Tom & Susan* Bauer, William 5473 5503 5504 5505 5506SE 5507 5508 5509 5513 5514 5515SE *Premises should be encumbered by appropriate developmental restrictions, particularly as set forth by the Z.B.A. Very Ixuly yours, Thomas Isles Director of Pin,ming GGN:cc S/s Cerald Q. Newman Chief Plmmer APPEALS BOARD ME, MBEi~Xo"~: Ruth D. Oliva, Chaimoman Gerard P. Goehdnger Lydia A. Tortora Vh~cent Orlando Jmiues Dimzio Southold To'~x Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197 1-0959 Telephone (631 ) 765-1809 ZBA Fax (631) 765-9064 http:/,,'s outholdto ~m. northfork.net BOARD OF APPEALS TOW;N.'OF SOUTHOLD May 18, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Depa~mentof Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed for your review, the following decisions, applications, surveys, tax maps, building disapprovals, and related information 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 NAME I ACTION REQUESTED/VARIANCE_ I RI W[ B 5473 CORNWELL ADDN - KITCHEN & DECK- SIDE YARD SB 5503 VACCARIELLO NEW BUSINESS - F & R SB 80' LINEAR FRONT X 5504 CORWlN ~u-~-T~-~-~ FRONT & BOTH SIDES SB -- X 5505 COWAN ADDN / ALT SFD UNDER CONSTRUC - SY SB X 5506 SANTACROCE ADDN / ALT SFD FOR ACCY APARTMENT I X 5507 TOMAN I DECK ADDITION - FRONT YARD SETBACK 5508 KOOK ADDN/ALT- PRE EXIST NON CONFORM FYSB . X 5509 EDWARDS ADDN / ALT - FRONT YARD SETBACK X 5513 ROMANELLI [ ADDNS ALTS INCRE~E LVG SPACE - SY SB _ X 5514 MERIAM [ POOL HOUSE IN SIDE YARD X 5515I BAUER I SPECIAL EXCEPTION- ACCY APARTMENT IX If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boger Enc. cc: ZBA Staff 1S1. FLOOR PlAN KITCHEN FORMAL LIVING ROOM Z B ATI I PANTRY LIVING ROOM BEDROOM BEDROOM ATTIC 2ND. FLOOR LAYOUT BEDROOM