The URL can be used to link to this page

Home My WebLink About5460 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY '~, 2004 Appl. No. 5460 - SUSAN, DOROTHY AND JOSEPH ULRICH Property Location: 2345 Mill Creek Drive West, Southold; CTM #51-6-39. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax 765-9064 RECEIVED JAN 13 2004 Southold Town Cl~rk 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 25,307 sq. ft. parcel has 100 ft. frontage along the south/east side of Mill Creek Drive West, Arshamomaque, Southold, and is improved with a 1- 1/2 story frame house with garage. The dwelling is presently 14.5 feet at its closest point to the westerly side line, and 15.1 feet to the opposite site line. The "as built" deck is 19 feet from the rear property line as shown on the survey last dated April 1, 2003 prepared by John T. Metzger, L.S./Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's October 30, 2003 Notice of Disapproval, citing Section 100-242A and 100-244 in its denial of a building permit application for a new dormer of the first floor of the existing dwelling. The reason stated in the disapproval is that the code requires a minimum rear yard setback at 50 feet, and the proposed dormer extension is approximately 40 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 18, 2003, 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: The applicants wish to construct a dormer addition over the existing one-story dwelling, 20 feet in width, as shown on the September 9, 2002 survey prepared by John Metzger, L.S., revised October 31, 2003, and 7-24-03 construction diagrams prepared by Penny Lumber. The survey shows the proposed dormer is not closer than the existing 35 ft. setback of the house, and the applicant confirms the dormer is closer to 40 feet from the rear property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: · Page -~- January 8, 2004 Appl. Iq,S; 5460 - S. Ulrich & Ors. 51-6-39 at Southold 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most of the homes in the area are constructed closer to the rear of the individual properties. The property is located in a waterfront community and is situated in keep with the other homes in the area. The proposed new construction maintains or exceeds the existing foundation of 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. Planning of the new construction has utilized the existing dwelling area with a second-story addition, rather than increasing lot coverage. 3. The variance granted herein is not substantial. The new addition utilizes the benefits of the existing dwelling that has existed for many years. 4. The difficulty was self-created when the addition was planned at less than the code-required setback from the rear property line. 5. No evidence has been submitted to suggest that a variance will have an adverse impact on the physical or environmental conditions in the neighborhood. A report prepared by the Suffolk County Soil and Water Conservation District on November 7, 2003 indicates that the bluff is in excellent condition and that the bulkhead at the bluff toe is in sound condition without evidence of erosion. The report recommends that the landowner monitor the growth of the Phragmites australis and to adopt a control method if the phragmites begins to encroach upon the healthy beach grass on the property. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dormer 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 Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the map prepared by John Metzger, L.S., revised October 31, 2003, and July 24, 2003 construction diagrams prepared by Penny Lumber. 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, and Orlando (Vice Chairman). (Absent was Member Tortora.)(Me~e_r Di.~nizio absta~.~.)This Resolution was duly adopted Ruth D~Oliva, Chairwoman 1/13/04 Approved for Filing .~VA TIGIgS ARE REFERENCED TG ~. V,D. ~- .',:'.~,~ ,>, ~ _., ~ 'EA=~5,307 ~.F. TB TE L~NE. SURVEY OF PROPERTY A T ARSHAMO1WO@UE TO WN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-51-06-39 SCAI ~..: 1"=30' SEPT. 9, 2002 SEPT. Il, 200~ ($potele~II~J Sept. 17~ 2002 ~10' ~lolF) .% &~, · -~4~HEN T LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 18, 2003 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 hearings 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, December 18, 2003, at the time noted below (or as soon thereafter as possible): 1:00 PM SUSAN~ JOSEPH AND DOROTHY ULRICH #5460. Applicants request a Variance under Section 100-242, based on the Building Department's October 30, 2003 Notice of Disapproval, concerning a proposed dormer addition at less than 50 feet from the rear lot line, at 2345 Mill Creek Drive, Southold; Parcel 1000-51-6-39. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring 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: December 1, 2003. RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS By Linda Kowalski, Board Clerk FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 30, 2003 TO: Joseph Ulrich 2345 Mill Creek Dr. Southold NY 11971 Plense take notice that your application dated October 30, 2003 For approval for a rear dormer addition to an existing single family dwelling at Location of property:. 2345 Mill Creek Dr Southold, NY County Tax Map No. 1000 - Section 51 Block 6 Lot 39 Is returned herewith and disapproved on the following grounds: The proposed addition to this existing single family dwelling, located in the 1,.40 District, is not permitted pursuant to Article XXIV Section 100-242 which states: "Nothing in this article shall be deemed o prevent the remodeling, recons~'uction or renovation of a nonconforming building ... provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The required minimum rear yard setback is 50'. The proposed dormer extension i~ situated approximately 40' fi'om the rear property line. Therefore, the approximate relief requested is 10'. The lot coverage remains less than 20%. ' Authorized Signature APPLICATION F(I THE SOIqHOLD TOWN BOARD OF APPEAL5 -- For Oqi:c Fe~:~l~' FiledB}:~S~lr~ Da~ ~ssidn'e,i.xss,gnm~,,rNo. Anthorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed nam.es: ~/Applicant/Owaer(s) 0 Authorized Representative El Other: V,%IEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DARED /'~/oq FOR: / i ' uiiding Permit El Certificate of Occupancy [] Pre-Certificate of Occupancy El Change of Use [3 Permit for As-Built Constrnction Other: Provision of tbe Zoning Ordinance Appealed. Indicate Article, Sectiou, Subsection and paragraph of Zoning Ordinance by nnmbers. Do not quote the code. Arttele~)( I~t Section 100-~q/~{ Subsection Type of.~ppeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning 51ap. [] A Variance dne to lack of access required by New York Town Law-Sectiou 280-A. El Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal4has [] has not been made with respect to this property UNDER Appeal No, Year~d~.~ Nov O? 03 04:13p Phil Ulrich (5181~-~164 p.2 Page 2 of 3 - Appeal ~t~ion of pro.~ect: a 2nd ~oor dormer of 20' length rai~g the cum~ roof to provide additio~l interior living space in the home. The appearance and function of d'.is project is both comistmt with &e existing [~pet~y and poses no adve~e effect on ad, cern properties or the ne4ghbotho~l 2} The b(metit smaght by the appikam CANNOT be achieved by ~me mefl~l fea~lde for tJ~ to pursue, ot~r than an area variam~ became: Cun~t/aw sines that the mininmm rear seO~c.k is 50'. We n-c at a 40' setback based on the ~0+ year old original st~cture's r.~ion. 'lids ca.C-ut status nece~itates this app/icatio~. That current 40' setl~ek will ~ b~ affected by thi~ project ~ the structure's footp~nt is 3) The mmmm ~ refief requmted is nm substantial be~ns~ The~ is no ~ange to the cunent re. lief sta~s. Tim physical exterior modificadt~ is both mi,~imal and consmmm wi~ ~e hmnc's current appenrancc. Ye~, with ~chitectura~ design fin~n Penny Lumber, ~n~, Additional inf~emalim~ about ~ mrround~ng topo~Wal~y and building areas that zeiate to the difflmlty in mee~ t~ code req~dremmW. none applicable ~ i~ the MINIMUM that is nec~ry mad adequate, and at the same time pfesm'v~ and pro~ects the eharacter ot the neighborhood and the health, mfety, and ~ of the community. Check ~ box and ~ PART B, Ouesfioas ee ne~t Im~ to apply ~ VARIANC~ Notan~ Public, Slate Of Ilmlrlkdl No. 0l ~)6095321, Sef~ ~ [Agent mint sulmait ~ from Owner) SOUND ISLAND · "~ '""'""'"/~ ' ' - /~'~l,,g.~'~.~ R~ Property ..... ~,.~T~ NOT,CE ~ COUNTY OF SUFFOLK Service ~ ~ SOUTHOLD SECTION