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HomeMy WebLinkAbout5559 )dPPEALS BOARD MEMBERS Ruth D. Ol~va. Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James'Din/:zio, Jr. http: southoldtown.nor thfork.ner BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 2, 2004 ApplicatiOn No. 5559 - ANTHONY P. CARNESI Property Location: 3536 Cedar Beach Road, Southold CTM Parcel Id: 93-1-6.2 Southotd Town Hall 53095 Main Road P.O. Box 1179 Southotd, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 AU¢ 5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consider~t on 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 22,948.66 sq. ft. parcel is mproved with a two-story vcood frame (single-family) dwelling and detached accessory building, as shown on the November 14, 2001 survey updated April 30, 2002 by Stanley J. Isaksen Jr.. L.S. BASIS OF APPLICAT/ON: Building Department's May 12, 2004, Notice of Disapproval, amended June 28, 2004, citing Code Sections 100-33 and 100-244B, in its denial of a building permii application concerning a new non-habitable accessory storage building in place of an existing non- conforming accessory "cottage" building ~n a front yard, for the following reasons: (1) the setback is less than 40 feet from the front yard line; (2) the setback is less than 5 feet from the side yard ine. 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 a new accessory building for non-habitable use, after removing the existing accessory (nonconforming habitable/cottage building). The setbacks do not meet the requirements of Code Sections 100-33 and 100-244B as prooosed at 2'2" instead of a 5 ft. minimum side yard and proposed at 20'5" from the front yard line along the private right-of-way instead of a 40 ft. minimum front yard, as shown on the 6/15/04 site map 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed new accessory building will ~Page 2 - August 2, 2004 ~iZBA NO. 555~--A. Carnes[ ' CTM 93-1-6.2 be essentially an in-kind replacement of an existing structure with alterations to an existing attached screened porch. Since the accessory building has been in this same location for many.years with no adverse impacts on the neighborhood, the newly renovated structure will enhance this property. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. The applicant's plan to use part of the existing foundation, and there ~s no other area on the lot to construct an accessory building that would not require a variance. 3. The variances granted herein are not substantial to the code. 4. The alleged difficulty has not been self-created and is due to the irregular shape of the lot. 5. No evidence has been submitted to suggest that the relief granted will have an adverse mpact on phys ca or environmental conditions in the neighborhood. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of addition and alterations while preserving and protecting the character of the neighborhood and the heath, safety and welfare of the community. RESOLUTION OF THE BOARD; In considering all of the above and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Goehringer, and duly carried to GRANT the variance as applied for, as shown on the 6/15/04 plan prepared by Samuels & Steelman. Architects. This actien does r~ot 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 expressy addressed n th s action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora, and Diniz~o. This Resolution was duly adopted (5- ~ Ruth D. Oliva, Chairwoman 8/4/04 Approved for Filing FOI~uM NO. 3 NOTICE OF DISAPPROVAL TO: Samuels & Steelman A/C Camesi 25235 Main Road Cutchogue, NY 11935 DATE: May 12, 2004 ~ND'~D~' JlnSe. 28~ 2004 Please take notice that your application dated April 28, 2004 For permit to J:ebuild a non-conforming accessory at Location of property 3536 Cedar Beach Road. Southold, NY County Tax Map No. 1000 - Section 93 Block_l Lot 6.2 Is returned herewith and disapproved on the following grounds: The proposed construction of a non-habitable accessory storage building in place of an existing non- conforming "cottage" on this non-conforming 23,348 square foot parcel in the R-40 District, is not penuitted pursuant to Article I1t, Section 100-33, which states, "In th ....... e Agricultural-Conservation D~stnct and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses qhall be located in the required rear yard." C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard setback. Pursuant to Article XXIV Section 100-244B, such parcels requffe a minim,an front yard setback of 40 feet. Following the proposed reconstruction, the non-habitable accessory storage building will have a front yard setback of+/- 20 feet. In addition, the proposed reconstruction is not permitted pursuant to Article III, Section 100-33, which states that parcels measuring between 20,000 and 39,999 square feet in total size, allow an accessory side yard setback of 5 feet. Following the proposed reconstruction, the accessory building will have a side yard setback of+/- 3 feet. This Notice of Disapproval was amended on June 28~ 2004 for clarification. 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. -- ,f For Of~ce Use Only 'REBUILD ACOY BLDG - F & S SB -- 3536 CEDAR BEACH RD SHLD 93-1-6.2 RS0 SCTM 1000 Section ~ Block [ Lot(s) 2LotSizeQ / Zone District (~) APPEAL THE ~TTEN DETE~INATION OF ~ling Telephone: Authorized Representative: Telephone Please specify who you wish correspond, ence to be mailed to. from the above listed names: [] Applicant/Owner(s) ~uthonzed Representative [] Other: ' WIJEREBY ~?HE BUILDING INSPECTOR DENIED AX APPLICATION DATED ~O~/'d FOR: ~uiiding Permit ~ Certificate of Occupancy ~ Pre-Cer~ficate of Occupancy ~ Change of Use ~ Permit for As-Built Cousm~ction Other: Provision of the Zoning Ordinance Appealed. Indicate Article. Section, Subsection and paragraph of Zoning Ordina~nce by numbers. Do not quote the code. Article XXI V Section 100-~04LZ/~ Subsection_~2~ Type of A/ppeal. An Appeal is re. adc for: ~'A Variance to the Zomng 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 0 has [] has not been made with respect to this proper~y UNDER Appeal No. __~Year . O © CARNESIAPPEAL Part.A: AREA VARIANCE REASONS (1) (2) (3) (4) An undesirable change wilt not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because there is actually no. increase in the non,conformity o,,f. the s!,~uct~re: the intent of the project is td.~enS~ate the existing structure in kind for non.habitab e uses. It could be understood that the mn.ovations planned will actually improve the c~aract~ ~he heighborhood, The benefit, sought, by the ,applicant. CANNOT be achieved by some method feasible for fl~e applicant to pursue, other than an area vadance because the projept includes [e~usi:ng portions of the existing building, incl¼ding the fo,~nda'dop, Aside Jrom this; it is impossible to .move the building to a conforming location. ~ecau~ of tSe size and configuration of the site. The amount of relief requested is not substantial because, the non-conformity ~s not; in fact increased. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because, aside from the improvement; in the material finishes, the existing building will be retained as is. Page 2 of 3 - Appeal Applrcation Pad A: AREA VARIANCE REASONS (~atfach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment fo nearby properties, it granted, because: {2) The benefit sought by the applicant CANNOT be achieved by some method feasible tar the applicant fo 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 effec,f ,or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the ar~ance been selt-creafe~'~ ( ) ?es, or (~/) No. If not, is the construction existing, as built? ( ) Yes. or (v') No. (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 fhaf is necessary and adequate, and af the same time preserves and protects the character of the nelgl~borhood and the health, safety, and well'are 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 fo the s.qnafure and nofa~ below. Sworn to before me this /5- W ot ...... 200 (Notary Publlc) S g ature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) PATRICIA RICHARDS Not~ry Public, State of New York No. 01RI6042467 Qualified in Suffolk CoUFA~j Coremission Expires May 30, ~ (~ ~9 ZBA App 9/30/02 PROJECT DESCRIPTION (Please include with Z,B.A. Application) II. III Ifbuildin~ ~s e×istin~ and anerations/additions/renovations are proposed: A. Please give the dimensions and ovdralt square footage ofextensmns beyond existin~ building: Dimensions/size: Sqnare footage: B. P~ease give the dimensions and square footage of new proposed foundation areas which do not extend beyond the exiztin[ building: Dimensior~s/size: Squp, re foptage: /tJD/,J ~: If land is vacant: Please give dLmensions and overall square footage of new cons_ruction: Dimension/size: Square footage: Height: Purpose and use of new constmcnon requested in this application: IV. Additional infolrnation about the surronnding contours or nearby buildings that relate to the difficulty tn meebng the code requirement(s): V. Please submit seven (7) photos/sets after sta/dng comers ofthe proposed new cons~ruction - 7/02 Please note: Further change& after submz£rmg the abo~e informa;iork must be placed m wr~xzng and may require a ne~4J No~zce of Di~approYal m show change~ to the initial plans. If additional time ~s needed, please contact our offic~ or p/ease :beale >vith Building Depammen~ '765-]802) or Appeals Department 765-1809) if'you are not sure. Thankyou QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION I.s the subjecs, premises listed on the real esuare market for sale? [] Yes ~1~o Are there any~ proposals to change or alter land contours? [] Yes I) Arethere, any.areas that conJcain wetland grasses? ]erg> ~2! ~e. th9 wetland, ar~ea~ ~hown~ on the map submitted with this application? ~ as the pmpelly 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 of jmisdi¢fion? ~,oq' Is ther~ a depression or sloping elevation near the area of proposed construction at or below five feet abOVe m~a sea ievel? A/O (If not applicable, state "n/a".) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? At'OA/~ (If none exist, please state "none".) Do you have any construction taking place at this time cencemmg your premises? If yes, please submit a copy of your building permit and map as approved 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 lisl present use or operations conducted at this parcel and proposed use ¢-¢'~'2/~: /~Z_LI~ uthori2~gn'ature and Date 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQ For UNLISTED ACTIONS Only 6, OF.~CRlaE FROJECT 8P, IEFLY: . . . [~]Par~PoresuOoen So=ce ~OIh.r t0. DOES,~TATEACTIONo I. OCAL)?INVOLVE__ A PERMIT APPROVAL. OR FUNDING. N O~ELY FROM AH¥0G~VERNM ENTA(.OTHER AGENCY T1. OOES ANY ~ ASP T OF THE AC~,~N HAVE A CURRENTLY VAUO PERM T OR APPROVAL? ~e Coastal Area, and you are a stale agency, complete the I Coast~ ~.s,~.~.eR, Fo.. ~eior0 -~o~,. ,~3_~"_~_~_~_°_?_'~.'e ,n~ I · OVER ' APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southotd's Code of Ethics proh/bits conflicts of interest on file part of Town' officei,.~ and emp oyees. The p rpose of this form ~s to provide information, which can alert the Town o? possible conflicts of interest and allow it to take whatever action is necessars, to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name ofs~meon~ else or other em~ty, such as a company If so, indicate the other person or company name I NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance 1/ _ Change of Zone Approval of Plat Exemption from Plat or Official Map Other. name 4the aotivity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a mlatiianship with any officer or employee of the Town of Southold9 "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, including a partnership, ~n which the Town officer or employee has even it partial ovmership of {.or e~plqyment by) a corporanon 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 :late and sign where indicated Name of person employed by the Town of SouthoId: Tittle 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 (below) and/or describe the relationship in the sp~ce provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A~ the owner oi greater than 5% of the shares of the corporate stock of the applicant rwhen the applicant ~s a corporation/; B) the legal or beneficial owner of an~ interest in a non-corporate entity twhen the applicant is nor a corporation); C) an officer director, partner, or employee of the applicant; or D the actual applican~ DESCRIPTION OF RELATIONSHIP Submitted th~s /,,5- day of Signature: Print Name 7-/JO///~/~05, ~t ~,zJrOq~t~ _ ET,T~,,~kBETH A. NEVILLE TOWN CLERK REOISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ~{ECORDS MANAGEMENT OFFICER FI~EDoM OF INFOII~fiATION 0F~ICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt owr~nor thfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville June 23, 2004 Zoning Appeal No. 5559 Transmitted herewith is Zoning Appeals No. 5559 - Anthony P. Carnesi - Zoning Board of Appeals application for variance. Also included is Notice of Disapproval dated May 12, 2004; Zoning Board of Appeals apphcation; Zoning Board of Appeals questionnaire; Area variance reasons (two pages); Project description; Short environmental assessment review form; transactional disclosure form; two color photos; letter from Tom Samuels detailing enclosures; one copy of survey and one copy of site data~ Town Of Southold ~, P.O Box 1179 Southold, NY 11971 v * * * RECEIPT * * * Date: 06/22/04 Transaction(s): Application Fees Receipt~: Check~: 11589 Total Paid: 11589 Subtotal $150.00 $150.00 Name: CarnesL Anthony 3536 Cedar Beach Road Southold NY 11971 Clerk ID: BONN lED Internal ID: 96361 Town Of Sou[hold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/22/04 Transaction(s): Application Fees Receipt~: 11591 Subtotal $250.00 Check#:11591 Total Paid: $250.00 Name: Camesi, Anthony 3536 Cedar Beach Road Southoid, NY 11971 Clerk ID: BONNIED Internal ID: 96367 LEGAL NOTICE SOUTHOLD TOWN BOARD oF APPEALS THURSDAY, JULY 15, 2004 PUBLIC HEARING NOTICE IS HEREBY~ .GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of (he TO~n of Southo d, the fo(lowing pubiim hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 530~ Main Road, P.O. Box 1179, soonS°Uth°ld'the~eafterNew YOrkas possibl~i1197~!i0~959' on Thursday, July 15, 20D4, at the time noted below (or as 10:20 a.m. ANTHONY P. CARNESI #5559. Request for a Variance, based on the Building Departments May 12, ~2~004 Notice of D~sapproval, concermng applicant s plan to build a new non-cOnformii~g acceSSOry building with a non-habitable use~ replacing the existing accessory building in a nonconforming front yard Sections 100-33 and 100-244B do not permit new construction at less'than 40 feet from the front lot line and less than five (5) feet from the side lot line. Location of Property: 3536 Cedar Beach Road, Southo d; CTM 93-1-6.2 The Board of Appeals will ~hear all persons, .or their representatives~ desiring to be heard at each hearing,'~r~d/~r r*de~[~j~ig~to submit written state~nents before the conclus on of each healing. E~chi'he~ing W~'t~t start earlier than designated above. Files are'aVailable for review during ragu!ar'buSiness hours, f you have questions, please do not hesitate to call (631) 765-1809. Dated: June ~, 2004. BOARD OF APPEALS RUTH D. OLiVA, CHAIRWOMAN APPEALS BOkARD MEMBERS. Ruth D. Oliva. Chairwoni/m7 ,:z$~ GerardP. Qoehringer ' ' Lydia A. Tortora Vincent Orlando James Dinizio. Jr. http://southoldtown, northfork.ner BOARD OF APPEALS TOWN OF SOUTHOLD August 5, 2004 Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. Thomas C. Samules, R.A. Samuels & Stee'lman Architects 25235 Main Road Cutchogue, NY 11935 Re: Appeal No. 5559 - Variance (Carnesi) 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 © © S A M U E L S T E E L M S & June 15. 2004 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 ke: CARNESI ACCESSORY BUILDING 3536 Cedar Beach Road Southold, NY 11971 SCTM # 1000-93-1-6.2 Dear Board Members, My client, Anthony P. Carnesi. is requesting a variance to renovate an existing accessory building on his property. Although the existing building encroaches on the front and side yard setbacks, the building permit application does not propose to "increase the non-conformity". The building may have been used as a "cottage" in the past (n~o-¢onforming use), but the proposed use is "non-habitable". Attached, please find seven (7) sets of the following information as requested for the Variance application: 2. 3. 4. 5. 6. 7. 8. 9. 101 11 Check for $150. Variance application Area variance reasons Notice of Disapproval Receipt from Building Department Environmental Assessment Form ZBA Questionnaire Transactional Disclosure Form FLOOR PLANS and ELEVATIONS SITE PLAN Survey If we can provide any additional information, please do not hesitate to call. ~muels, R.A. ARCHITECTS 25235 MAIN ROAD CUTCHOGUE NEWYORK 11935 (631 734-6405 FAX ¢631 734-6407 SITE DAT ~ DATA PROPERS: CEDAR BEACH ROAD ADRESS SOUTHOLD, NY. 11971 ~ O OWNER: ANTHONY P, CARNESI 270 1ST. AVENUE, APT, 7B ZON,.~: ~-~o'~ FLOOD: "X" (100)/(500) zo.~ SURVEYOR: STANLEY J. ISAKSEN, JR. Z P.O. BOX 294 NEW SUFFOLK, NY. 11956 .~'~ LICENSE~ 49273 ~ ~J *- ~" 1"=20'-0" PLAN