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HomeMy WebLinkAbout5564~7 APPEALS BOARD MEMBERS Rut,h D. Oliva, Chairwoman Gerard P. Goe~inger Lydia A. Tortora Vincent Orlando James Dinizio, Jr. ' ~'"-Southold Town Hall 53095 Main Road I~[CEI~D P.O. Box 1179 ~ ~_ t Southold, NY 11971-0959 ~L~z~ Tel. (631) 765-1809 _~ ~ ~ ~ F~ (6~1)'- 765-9064 http:,'/southoldtowg.no~hf~~ TO~ C]~ffi' ': BOA~ OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBE~TIONS AND DETERMINATION MEETING OF 3ULY 15, 2004 ZBA #5564 - PEGGY ATKINSON Property Location: 220 Sound Avenue, Pecenic CTM #67-1-8 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 8,276 sq. ft. lot is improved with a one-story frame house as shown on the October 11, 1978 survey prepared by Roderick VanTuyl, P.C. The property has 50 ft. frontage along Sound Avenue and 52 feet along along the ordinary high water mark of the Long Island Sound. BASIS OF APPLICATION: Building Department's June 16, 2004, Notice of Disapproval, citing Code Sect'ron 100~242A and 100-244, in its denial of a building permit application concerning demolition of the existing deck and construction of a new deck. The reasons stated are that the deck will increase the degree Of nonconformance and create a new nonconformance in the existing side yards. 4.5+- feet on the westerly side, and 11+- feet total side yards. The Code requirement is for a minimum single side Yard of 10 feet, and total side yard minimum of 25 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on :~'~g_ !~ 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 36' wide deck, replacing the previous deck that was deteriorated and unsafe. The setbacks of the replacement (new) deck are shown on applicant's sketched-in survey map to be a minimum of 4.5 feet from the westerly side, and a minimum of 11 feet for both side yard setbacks. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the deck was built more then forty years ago and nothing will change. '¢ ~'e 2 - July 15, 2004 ZBA. No. 5564 - Peggy Atkinson , 6TM67-1-8 2. The difficulty was not self-created. 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 deck legally existed for more then 40 years and the applicant only desire is to replace supporting members and materials of the deck and step areas that had deteriorated over time, required replacement. 4. The variance granted herein is not substantial. NO evidence was submitted during the hearing or in the written record to indicate that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. Grant of the relief requested is the minimum necessary and adequate the enable the applicant to enjoy the benefit of 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 Tortora, seconded by Chairwoman Oliva, and duly carded, to GRANT the variance as applied for, as shown on applicant's diagrams (prepared by Warren A. Sarnbach, P.E. with a ZBA date stamp of June 22, 2004). 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), Goehringer, Tortora, and Dinizio. (Absent was: Member Orlando.) This Resolutipn, was duly adopted (4-0). Ruth D. Oliva, Chairwoman 7/'16/04 Approved for Filing FOI~M NO. 3 NOTICE OF DISAPPROVAL TO: Peggy Atkinson 68 St. Marks Place New York, NY 10003 Please take notice that your alaplica~ion d~ted June 9, 2004 DATE: June 16, 2004 JUN 3 ~ 2004- I For an "as built" demolition of. an_ existin~ deck and construction of a new deCtmMgiti~a..-~ o;rt~k~ single family dweilifig at Location of property 220 Sotmd,.Aventte, Peconic, NY County Tax Map No. 1000 - Section 67 Blockl Lot8 Is retu.med herewith and disapproved on the following ~ounds: The "as built" construction, on this non-conforming, 8,276 square foot parcel in the R-40 District, is not permitted pursuant to Article XXW Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming build/ng containin~ a co6J'orming use, provided that sucb action does not create any new non-conformance or increase the de~ree of non-conformance v~fth regard to the regulations pertainin~ to such buildings." The existing single-family dwelling uotes a single s]de yard setback of+/- 4.5 feet and a total side ard setback of+/- 12 feet. Following the "as built" construction, the dwelling has a single side yard setback of+/- 4.5 feet and a total side yard setback of+/-11 feet. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the de~ee of nonconformance and create a new nonconformance. Therefore, the proposed addition is not permitted pursuant to Article XXVI, Section 100-244. which states that non-conforming lots. measuring less than 20.000 square feet in total size. require a minimum single side4'~d4etback of 10 feet, a total side yard setback of 25 feet. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICArFION TO TIlE SOUTHOLD TOWN'BOA1}D ~-- AS BLT DEMO&CONSTR DECK- TTL SY SB m ' 220 SOUND AVE PECONIC Parcel;Loc,Son: Ho"seN6.~~ ~ ¢0¢ Hamlet 8CTM1000Section ~IBIocg !:~t(s) ~ L~Siz~375 Zone~i~trict I ($$~) .~YEAL THE ;~TTEN DETE~AT!ON OF THE BUDDING ~SPECTOR DATED: ~v.q~ d~/ ~,~ Applicant/Owner(s): ~<& ~ ~1~ Mafli~g Address: ~g ~~ ~~ ~/ ~&-~ ?~% ~ /OVO Telephone: ~/~ - ~ ~ 9 -A-4 3~¢ ~5." ~OTE: If applicant is n~t the ~wnar, x/ate ii applicant i$ owner s altoCney, zgent, architect, builder, con~ract vendee, .~uthorized Representative: Address: ~e,lephone: (/gyK; p~ease spedfy who you wish correspondence tb be mailed to, from the above listed nam.es: i~pplicanUOwner(s) [] Authorized Representative [] Other: ~ItEREBY THE BUILDING 12NSPECTOR DENIED AN APPLICATION DATED FOR: .~uiiding Permit. [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph o[ Zoning Ordinance by numbers. Do not quote the code. Article ~ g 11/ Section 100-,9-V.2/3 Subsection Type of Appeal. 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 d Reversal or Other A prior appeal [] has ff~has not been made with respect to this property UNDER Appeal No. Year Page 2 at 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed,l: (1) An undesirable change will not be produced in the CHARACTER at the neighborhood or a detriment fo nearby properties, if granted, because: ~/o c~ H~-,~? e.. - (2) The benefit sought bY the applicant CANNOT be achieved by some method ~easible ~ the applicant fo pursue, other than an area variance, because: (8) Th~ amounJ oJ r~lieJ r~quesJed IS not sub~ti~l ~us~ (4). The vadance will NOT have an adverse effect or impact on the physical or ~?nvironmenfal conditions Jn the neighborhood or district because: ~, t bo~s ~,'~7- e I-h,t-~9~. ~-,~ ~ ;,~ ;~c ~- (5) Has fha variance, been seff-creafed? ( ) '(es, or (~ No. If not, iS fha construction existing, asbuJlf? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas fhaf relate to the dlfticully in meeting the code requirements: {attach extra sheet os needed) This is the MINIMUM thai is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, salely, 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 fo the sJ.qnafure and notary area' belpw. :,~ ~,,./ ~ sJgnaf~re~e~ Appelia/rfl/or Authorized Agent (Agen! must submit Authorization from Owner) Sworn fo b?pre me thls~y/~ day/O'~.~...~200~. (Nof~ary Public)/ ZIIA App 9F30/02 " 0 0 0 0 PROJECT DESCRIPTION (Ple~e include with Z.B.A, Application) Applicant(s): i. If building is existin~ and alterations/additions~renovations are proposed.' A. Please give the dimemions and ovdrall square footage of extensions beyond existing building: Dimensions/size: ..q~ ~ ~)~.t.d.t,,u ~ ~, Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: 5~ ~' 'h tq-~ t' ,,de./ Square footage: If land is vacant: Please give dimensions and overall square footage of new construction: Dimensioa/size: Square f~otage:. Height: ,, Ill. Pu~ose and use of new construction requested in this application: IV. Additional inYormation 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 staking comers of the proposed new construction. 7/02 Please note: Further changes, after slibmitfing the above information, must be placed in writing and may require a new Notice of Disapproval to show changes- to the iniri~l plans, ff additional time is needed, please contact our office, or please eheck with Building Department (765-1802) or Appeala Department (765-~/0°0~J ~.f,¥OLt are not sure. Fhank y'ou. O© Oo 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 fiY~qo I ) Are.there any areas that contain wetland ga'asses? 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building arm? 4) I~yohr property, contain~ wetlands or pone[areas, have you contactexl the office of the Town Trustees for ~ts determination of jurisdiction? Is there a depression or sloping elevation near the area of proposed coastruction at or belosv five feet above mean sea level? ~/1~ (If not applieabfe, state "n/a'.) Are there any patios, concrete barriers, bulkheads or fences that exSst and are not shown on the survey map lhat you are submitting? /JoTu' e_. (if none exist, please state Do you have any construction taking place at this time coneenUng your premises7 #o 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 list present use or operations conducted at this parcel and proposed use Authoffze~ ignatu~/and Date TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits confltcts of interest on the pari of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of mterest and allow it to take whatever action is necessary to avoid same. YOURNAME: a~l'3KJ~s~e~3t /'4:-(ag ~' P7 (Last name, first name, m~ddle mfaal, unless 3ou are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Gl:ievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If name the activity: Do you personally, (or through 5'our company, spouse, sibling, parent, or child) have a rela~aonship with any officer or employee of the Tct~m of Southold? "Relationship" mcludes by blood, marriage, or business interest. "Businesf interest" means a bus~ness, including a partnership, in which the Town officer or employee has even a partial o~nership of (or employment by) a corporation in which the To?aX officer or employee owns more than 5% of the shares. YES NO ~ If you answered :TES", complete the balance of this form and date and sign where indicated. Name of person'employed, by the Town of Southold: Title or position of that pemon: Describe that relationship bern'Pen yourself (the applicant) ~d the To,au officer or employee. Either cheek the appropriate line A through D (below) and'or describe the relationship in the space provided. The Tm~u officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the o~*ner of greater than 5 % of the shares of the corporate stock of the applicant (when the applicant is a corporation); . B) the legal or beneficial m~er of any interest in a non-corporate entity. (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: Print Name: ELIZABETH A. ~l~v~'J,~ TOWN CLER~ REGISTRAR OF ~ STATISTIC~ ~GE O~ICER ~CORDS ~AG~ENT OFFICER ~EDOM OF ~FO~ON OFFICER Town Hall~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nortlxfork_nei TO: FROM: DATED: RE: OFFICE OF THE TO~WN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Nexdlle June 24, 2004 Zoning Appeal No. 5564 Transmitted herewith is Zoning Appeals No. 5564 - Peggy Atldnson - Zoning Board of Appeals application for variance. Also included is Notice of disapproval dated June 16, 2004; Zordng Board of Appeals application; Area varim~ce reasons; Project description; Zoning Board of Appeals questionnaire; Applicant transactional disclosure fomi; ~_ve black and white ch-awings of proposed deck; Propert3r survey dated October 11,1978 and building permit application dated Jm~e 8, 2004. Town Of SbtJthold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/24/04 Transaction(s): Application Fees Receipt: 333 Subtotal $400.00 Check#:333 Total Paid: $400.00 Name: Atkinson, Peggy M 68 St Marks Place NewYork City. NY 10003 Clerk ID: BONNiED In[emal ID: 96513 BEAM LAYOUT CUSTOMER -- NOVEL DATE 06/0?/04 13' :3' STORE NAME CONSTRUCTION ~2~-STREET RD. SEAM lBEAM POST POST LABEL LENGTH COUNT BI:lACING A 4' 3' 2 3' 4 I/2" B 4,' I0" 2 $' II I/2' C 6'i I/2" 2 6' 3" D 35' ~0 fl2' 6 7' J ~t2' E ~i5' i0 It? $ ?' i ~/2' F 8'1 1/2" 3 $' Il" Depth of l]ol~.-in-co~crete footer-- --- 36 inches. © © LEGAL NOTICE · iSouYHOLD TOWN BOARD OF APPEALS ~FHuRSDAY, JULY t5, 2004 PUBLIC HEARING NOTICE IS HEREBY GiVEN, pursuant to Section 267 of the Town Law and Chapter 100 ::[Zoning), Code of the Town o~ Southold, the following public hearing will be held by the · !SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, :$outhold, New York 11971-0959, on Thursday, July 15, 2004, at the time noted below (or as :soon thereafter as possible).: 11:10 am PEGGY ATKINSON #5564. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 16, 2004 Notice of Disapproval for a new deck addition with a single side yard at less than 10 feet and total side yards at less than 25 feet, as built, after demolition of the previous deck. Location of Property: 220 Sound Avenue, Peconic; CTM 67-1-8. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearin~l, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing w§l 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 28, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN APPE,-~S BOARD MEMBERS ~,uth D. Oliva, Chairwoma~l Gerard P. Goehr/nger Lydia A. Tortora Vincent Orlando James D[nizio, Jr. http:./,'southoldtown.nor thfork.net '- BOARD OF APPEALS TOWN OF SOUTHOLD July 16, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mrs. Peggy Atkinson 68 St. Marks Place, #3 New York, NY 10003 Re: Appeal No. 5564 - Setbacks for Deck Dear Mrs. Atkinson: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at yesterday's Regular 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 in their final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 7/16/04 to: Building Department Linda Kowalski July 10, 2004 To: Board of Appeals Ruth D. Olivia, Chairwoman The Terranovas have lived next to .Peggy Atkinson for over 50 years. Please let tiffs letter serve as our agreement and approval with the replacement deck~ Mrs. Atldnson wishes to pet on at 220 Sound Avennel Peconic. We hope this expedites her request for the variance she requires to. continue this project. Sincerely Yours, Johll Terrm~ova on behalf of the The Terranova Family Qualifie~ Commissior Edward Cohn :Notary Public, State of No. 41-4705301 July 7, 2004 Dear Pegg), I received you lertei, regarding the construction of a replacement deck on your 220 . Sound Ax enue property. It is absolutely fine with me that you rebuild yoUr'deck. Please call me at 212 260 3257 if you have an3' questions o'r reqnire ad~lifio~aI information_ 180 Sound Ax enue Peconic NY. 11958 SOIL A~D WATER CONSERVATION DISTRICT FAX: (631) 727-3160 SUFFOLk9 COUNTy OF Steve Levy SUFFOLK COUNTY EXECUTI%~E Thomas J. McNahon DISTRICT MANAGER (631)727-2315 Ruth D. Oliva, Chairwoman Southold Town Board of Appeals 53905 Main Road, P. O. Box 1179 Southold, NY 11971-0959 June 30, 2004 JUL 6 2004 LzoN[.~o EOAR~ OF .APPEALS Dear Ms. Oliva: We have completed a Site Inspection of the parcel owned by Peggy Atkinson, located at 220 Sound View Avenue in Peconic, your file number ZBA 5564, on this day. The parcel is mapped in the Suffolk County Soil Survey as (Du) Dunes and (Bc) Beaches. At the beachfront the high tide Joes not reach the toe of the dune slope. This beachfront is building due to the jetty entrance to Goldsmith's Inlet. Plant cover on the dune is in good condition. No signs of erosion are evident. The rear yard is basically beach sands. Downspouts from the house exit onto the ground surface. No erosion is evident here due to the high permeability of the sands. The house already has the deck added to it that had been denied before this Appeals request. Surface water runoff from the added deck will also infiltrate rapidly into the sands and not cause any erosion problems. If you have any further questions, please feel free to contact us again. Best Regards, Paul TeNyenhuis, Senior Soil District Technician 423 GRIFFING AIr~NI3E ,. SUITE 110 RIVEPdfSAD, NY 11901 · .. :: . ..-... ,. ~ ~ ..'...~.: .-_ ~ .~. ...:... .'-' .~: ." '. ~i ' ~':,':' ~:.' '.~i ~:' ':' .'- ~... s' ~'~"~ :' '"'""" i"~- ............. ~ . ' · '--., $ ZO0~ ..' [~U,.~ · .:.';'-.. '.t .'.' , .. · ...-'. :-i";::i,~.... '~. ' .'- ... ~: ,'~a ~ ~_~ :'. · , . . ~ -- .,.,¢~ . . .'... .-. '~. · . · :... . .. . -.' .--..., / -~..l". ':'''~ '.' "":"-?:::%:::.:,:-:"':"~:~'~':".~ ·.----'"" ""'~'~,~ ' ~ . -'/" '.. _ · .." -"'. '." ', i-~'. -'.-..~,..,.i.., '":7;. :~c.~'~.. ....... o~... . · . .., ...:: .:., ....,S_;,~~L:. , ~.'.,¢:.. ~ ~ . .. . . -- .,._ ~.--~--7-~ '"" ....... ' .... ' ---c-~" .. ·. ~ ...... ~0'~;--:" : - ' · :"v · ....."-,' · .-- .. . .... '" '":: ".":'... ' ". 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