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Home My WebLink About5558 APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http: southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 2, 2004 A~J6 Application No. 5558 - David G. Hoffman Property Location: 1230 Ruch Lane, Greenport CTM Parcel Id: 52-2-36 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 catego .ry 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 15,977 sq. ft. parcel has 177.09 ft. along the west side of an unimproved private road and 126.80 ft. along the south side of Ruch Lane (private road), in Greenport. The property s improved with a two-story frame house and accessory (boat) building, as shown on the 2/11/04 survey prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Building Department's June 3, 2004, Notice of Disapproval, Citing Code Sections 100-242A and 100-244 in its denial of a building permit application concerning proposed additions and alte6ations to the existing dwelling, for the reasons that the addition will constitute an increaseqn the degree of noncOnformance for the existing 3 ft. single side yard, and that the cede requires a minimum s~ngle side yard at t0 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 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: Applicant wishes to construct new nterior space within the existing nonconforming side yard footprint, enclosure of an existing open front porch and to add a new 4'x4' frame stoop, with 3'5" to the side property line, as shown on the 6/15/04 plan prepared by Samuels & Steelman. Architects. 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 new construction will maintain the building line of the house without reducing the existing nonconforming side yard setback. C Page'2 -Abgust 2 2004 ZBA No. 5558 - David G. Hoffman CTM 52-2-36 2. The b)enefit sought by the applicant cannot be achieved by some method, feasible for the ~applicant to pursue, other than an area variance and is within a reasonable threshold for the Board to approve, based upon the existing location of the home with a nonconforming 3' setback, and maintained for many years. 3. The relief granted: herein is not substantial, and will maintain the 3'5" setback that would exist betwee:r~ the side lot line and the proposal to enclose an existing open front porch with new 4'X4' stoop area. 4. The diff culty was not self-created and is based on the configuration of the lot which contains two front yards and which is improved with a dwelling in a nonconforming location. 5. No evdence has been submitted to suggest that a variance in this community of single-family residences 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 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 Goehringer, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, as shown on the site plan and construction diagrams prepared by Samuels & Steelman Architects dated 6/15/04. 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, setbacks and other features as are expressly addressed in this action Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-~ ~, ~~ Ruth D. Oliva, Chairwoman 8/5/04 Approved for Filing FORM NO. 3 TO: Samuels & Steelman A/C Poll~ck 25235 Main Road Cutchogue, NY 11935 NOTICE OF DISAPPROVAL DATE: Jtme 3, 2004 Please tak~ notice that your application dated May 28, 2004 For permit to make additions and alterations to an existing single family dwellk JUN 1 4 2004 Location of proper~y: 1230 Ruch Lime, Greenport, NY County Tax Map No. 1000 - Section 52 Block 2_ Lot 36 Is returned herewith and disapproved on the following grounds: The proposed constmctior~ on this non-conforming L4~5"square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV S6ction 100-242A, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building conrairfmg a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertairdng to such buildings." The existing single family dwelling has an existing single side yard setback of 3 feet. The proposed porch enclosure will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the de~ee of nonconformance. Pursuant to Article XXVI, Section 100-244, parcels measur/ng less than 20,000 square feet in total size, require a mimmum single side yard:setback of 10 feet. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. ,JUN Fee: $~W~) Filed By: ~.~,"~ ~?tr'~' Date Ass gned/Ass gnme~t No E~GEOSE PORCH - 8YSB 52-2-36 R40 ~- 1'230 RUCH ~NE GREENPORT SCTM 1000 Section 5~ Block ~ ~ot(~)~4 ~ot Si~aj7~ Zo~ District ~* I (WE) ~PPEAL THE WRITTEN, DETERMINATION OF THE BUILDING INSPECTOR ~gpHcant/Owner(s); OgV[P ~, ~O~ff Authorized Representative: Telephone:_ ~4' ~ Please spe,cify who you wish cor);espondence to be mailed to, from the above listed names: D Apphcant/Owner(s) ~Authorized Representative [3 Other: FOR: - ~B uiiding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Constrnction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordin. a, nce by numbers. Do not quote/he code. Article ~lV Sectionl00-~2'~4 Subsection A_ Type of A/ppeal. An Appeal is made for: tEA Variance to the :Zoning Code or Zoning Map. D ~ Variance due to lack of access required by New York Town La~ -Section 280-A. 2 Interpretation of the Town Code, Article Section 2 Reversal or Other A prior appeal [] has ~/has not been made with respect to this property UNDER Appeal No, Year Page 2 of 3 - Appeal AppJJCation Pad A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change wi I not be produced in the CHARACTER of the ne ghborhood or a ~letriment to nearby Properties, it 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~riance been self-cre~fed? ( ) Yes, or ('v/~No. If not. is the construction e~lshng, as budf? ( ) Yes, or (6) Additional information about the surrounding topography and building areas fhaf relate fo the difficulty in 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. ( ) Check this box and complete PART B, Questions on next page fo apply USE VARIANCE .STANDARDS. (Please consult your attorney.) Otherwise~ please proceed to the s gnature and notary area below. Sworn fo before me this (Notary Public) Signature of A~pell~ut~orized Agent (Agent must submif~Aufhorizafion from Owner) PATRICIA RICHARDS Notary P.b~;c '~ ~ New York Quelifie~i {n Suffolk County ~i~ion Expires ~y 3~,~ ZBA App 9f30/02 HOFFMAN APPEAL Part A: AREA VARIANCE REASONS An undesirable change will not be p~'oduced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because the enclosure of the ~orch is m~nor, and does not encroach more closely on the side yard'than Other~i~ting'port ons of the house. This and other proposed changes to [he house will enh~ince the architectural character of the neighborhood (2) The benefit sought ~y, the applicant CANNOT be achieved by some method feasible for the'~ppticant to pursue, Other than an area variance~ because the existing Kjtch,,en iS located partly in the side yard: any increase in.its size wil ne:Ces~arily ericreabh on the setback. (3) The amount of relief requested is not substantial because, at 21 square feet, the "increase of nomconformity!' by enclosing the porch is extremely minor, and will not res[ilt in an increase in the non-confOrming footprint. (4) The variance will NOT have an adverse effect or impact on the physical or envirdnmental conditions in the neighborhood or district because it is not substantial, and is not, encroaching on the wetlands, water views, or other sensitive areas. PROJECT DESCRIPTION (Please include with Z,B,A. Application) Ifbuildin~ is exist/nC and alrerauons/additions/renovanons are proposed A. Please g~ve the dimensions aha ~verall square footage of extensions beyond existin~ building: -S~are footage: . / B. Please give ~e dimensions and square footage of new prop0se~ foundation areas which do nm extend beyond tie exisdn~ build/ua: Square footage: II. If land is vacant: Please ~ve dimensions and overall square footage of new cm~srmcuon Dimenslo~aze: Square footage: Height: HI. Purpose and use of new consrmcuon requested in this apg I/cation: ~X~,?rA~6. ~ F~ 6r FA/ IV Additional information about the surronnding contours or nearby buildings that relate lo the difficulty tn meeting the code requiremen~(s v Please submit seven (7) photos/sets after stal6ng comers of the proposed new consrmcrmn 7/02 .Please note: Further changes, after submitting the above information must bop/aced zn ~rmng and may require a nm4~ Not/be of Disapproval ~o xhow changex to the initial planx. If additional time ts needs& pleaxe cortracr our office, or p/ease check with Building Department <765-1802 or Appeal3' Department '765-f809) if you are no~ sure Thank you. QUESq~IONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subjecJ,,premises listed on the real estate market for sale? D Yes ~No Are there any/proposals to change or alter land contours? [] Yes ~'No 1L Are there any areas that contain wetland grasses? 2)~,,Are th~ w~fl~r/d areas shown on the map submitted with this application? 3) Is the proper~y' bulk headed between the wetlands area and the upland building area? 4) If your propetW'c0ntams~w t!~ ~an,ds or pond areas, have you conm..~e~d, the office of the Town Trustees. for its determination'of jurisdiction? Is there a depmssiQn or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/D (If not applicable, state 'Wa".) Are there any patio% concrete barriers, bulkheads or fences that cxisl[ and are not shown on the survey map' that you are submitting? A, rO~V~'- (If none ex~st, please state *'none",) Do you have any construction raking place at this time concermng your premises? If yes, please submit a copy of your building permit and map as appro,~ed by the Building 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 o'/fU;~ Authori~an~d Da~e APPLICANT TRANSACTIONAL DtSCLOSUPcE FORM The Town of Southold's Code of Ethics ?rohibits conflicts of imeres[ on file 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 take whatever action}is necessar~ to avoid same. YOUR NAME: (Last hame, first name, middle initia{, nnless ~& are applying in the name Of someone else or other entity, such as a comP;any Itso, indicate the other person or company name./ NATURE OF APPLICATION (Check all that apply.) Tax Grievance Variance .~ Change of Zone Appmvat of Pt~ 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 r*lafionship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business tnreresr. "Business ~merest" means a business, including a pg~mership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town offi ~er or employee owns more than 5% of the shares Ifyou answered "YES", complete the balance ~fthis form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (belowj and/or des :ribe the relationship in the space provided Fhe Town officer or emp[o3 ee or his ct her spouse, sibling, parent, or child is tcheck all that apply): A} the owuer of greater than 5~ ~ of the shares of the corporate stock of the apphcant (when the applicant is a corporauon/; B) the legal or beneficial owner of ~ny interest in a non-corporate entity (when the applicant is nor a corporation); C) an officer, direcror, partner, or employee of the applicant; or D the actual applicant DESCRIPTION OF RELATIONSHIP 617,21 Appendix C Stats Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Appllca, nt or Project sponsor) PROJECT BAtEFLY: s. WHAT PRESENT LAN;D [JSE IN ViCiNiTY OF PROJECt? SEQI ~ ~oc~u~ Coastal Assessmenl Form before proceeding With this assessment OVER S A M U E L S & S T E E L M A N June 15, 2004 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: HOFFMAN RESIDENCE 1230 RUch Lane Greenport, NY 11944 SCTM # 1000 - 52-2-36 Dear Board Members, My client, David Hoffman. is requesting a variance to enclose an existing open porch at his residence in Greenport The new interior space will be included in the Kitchen. The porch measures about 21 square feet. and is mostly located in the required side yard. though not closer to the property line than the existing Kitchen. Attached, please find seven (7) sets of the following information as requested for the Variance application: 1. Check for $150. 2. Variance application 3. Area variance reasons 4. Notice of Disapproval 5. Receipt from Building Department 6. Environmental Assessment Form 7. ZBA Questionnaire 8. T, ransactional Disclosure Form 9. FLOOR PLA,NS and ELEVATIONS 10. SITE PLAN 11. Survey If we can provide any additional information, please do not hesitate to call. Thomas G. Samuels, R.A. ARCH ITECTS 25235 MAIN ROAD CUTCHOGUE NEWYORK 11935 6311 734-6405 FAX 631 734-6407 S A M U E L S & S T E E L M A N May 28, 2004 Building Department ,;s~OWn Halt outhold, NY 11971 Re: .HOFFMAN RESIDENCE 1230 RuchLane G[eenpo~ .NY SCTM# 1000-52-2-36 At'tn: Dam°9 Enclosed p ease find three stamped o T~ PLANS of the above referenced property. We intend renovations which are mostly limited to the interior and replacement of some windows/doors, We also propose to enclose an existing covered pomh, which is located in a non- conforming ]ocation (encroaching on side yard). For this reason, we expect that we will require a variance. Please review the drawing and,- if you agree with this understanding, issue a disapp~'ovaL Thank you, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE. NEW YORK 11935 ~631 ) 734~6zK)5 FAX (63 ~ ,' 734-6407 ET,I~,kBETH A. I~EVILLE TOWN REGISTHAR OF VITAL STATISTICS MAP~IAGE OFFICER ., ~.E CORDS ~/AI~A~ ENT ~EEDOIV/OF INFOEMATION OFFICEE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 766-1800 sou~hokItowr~nor thfork, net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. NcvilIe June 23, 2004 Zoning Appeal No. 5558 Transmitted herewith is Zoning Appeals No. 5558 - David G. Hoffman - Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area Variance Reasons (two pages); Project description; Zoning Board of Appeals questionnaire; Applicant Transactional Disclosure form; Short Environmental Assessment form; one color photo; Survey of property; Letter from Tom Samuels detailing enclosures and one copy of site plan. ~Town Of S0~Jtt~old p OBoxl179 Southold NY 11971 * * * RECEIPT * * * Date: 06/15/04 Transaction(s): Application Fees Receipt~: 11587 Subtotal $150,00 Check#: 11587 Total Paid: $150;00 Name: Hoffman, David 1230 Ruch Lane Southold, NY 11971 Clerk ID: BONNIED Internal ID: 95954 ~IOTICE ~ BOARD OF APPEALS IRSDAY, JULY 15, 2004 PUBLIC HEARING NO'~iCE.~iS~HEREB¥ 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, New York 11971-0959, on Thursday, July 15, 2004, at the time noted below (or as thereafter as possible): 9:50 a.m. DAVID HOFFMAN (Owners: DAN and LIDYA POLLOCK) #5558. Request for a Variance under SeCtions 100-242A and 100-244 based on the Building Department's June 3, 2004 Notice of Disapproval for additions with alterations at less than 10 feet on a single side yard. Location of Property: 1230 Ruch Lane, Greenport; CTM 52-2-36. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, andlo~r desiring tO submit written statements before the conclusion of each hearing. E~ch hea!|ng Will not start earlier than designated above. Files are available for rev ew during regular bdsineSs hours, if you have questions, please do not hesitate to call (631) 7,65-1809. Dated: June 28, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN APPEALS BOARD MEMBEgS Ruth D, Oliva, Chaifwom-.a2~ Gerard P. Gochringcr Lydia A. Tortora Vincent Orlando James Dinizio. Jr. http: southotdtown.north fork.net BOARD OF APPEALS TOWN O1~' SOUTFIOLD August 4, 2004 Southold Town Hal/ 53095 Main Road ..,2 P,O. Box 1179 Southold, NY 11971-0959 Tell (631) 765-1809 Fax (631 ~ 765-9064 Mr. Thomas C. Samuels, R.A. Samuels and Steelman Amhitects 25235 Main Road Cutchogue, NY 11935 Re: Appeal No. 5558 - Variance (Hoffman) Dear Mr. SamUels: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its August 2, 2004 Meeting. 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 when submitting any other documents that may be requested by the Building Department during final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 8/5/04 to: Building Department Linda Kowalski Lond N~ or Formerl~t B~rnlc~ F. V~lnd~rl~k $ RIcho~d R, EXISTING 4'X4' FRAME STOOP EXISTIN~ OPEN PORCH NE~ C,O',/EREI::> FRONT CONFORMINe~ LOCATION R.I=NO'CATE EXI~TIN~ SITE DATA SCTM # 1000-52-2-36 PROPERTY: ADDRESS OWNER: SITE: 1230 Ruch Lane Greenport, NY 11944 David G. Hoffman 535 Madison Ave., NY, NY 10022 15,977 SQ. FT. = 0,37 ACRES ZONING: R-40 SURVEYOR: John C. Ehlers 6 East Main St. Riverhead, NY 11901 LICENSE # 50202 DATED 02-11-04 SITE PLAN SCALE: 1" = 20'-0" RECEIVED JUN 1 4 200¢ ZONING BOARD OF APPEALS Z! ts DATE: 6115104 1"=20'-0" SITE PLAN SP