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Home My WebLink About5608ARIN, RISA 67-1-9 R40 5608 VO AS BLT DECK ADDN - 'I-FL SY SB 180 SOUNDVIEW AVE PECONIC ~g. 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.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 RECEIVED ~'~'~"~ DEC 28 ZBA Ref. 5608 - Risa Arin ~~'~ STREET & LOCALITY: 180 Soundview Avenue, Peconic; CTM Parcel 67-1-9. Town Clerk DATE OF PUBLIC HEARING: November 18, 2004 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is 21,636 sq. ft. with 50 ft. frontage along Sound View Avenue in Peconic. The property is improved with an one-story, single-family dwelling as shown on the July 26, 2004 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Inspector's August 31, 2004 Notice of Disapproval amended October 26, 2004, citing Sections 100-242A and 100-244 for the reason that the combined side yard area is less than 25 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a setback variance concerning an as- built deck addition, after removal of the former deck construction. The relief requested is for a combined side yard area of 18.4 feet for the new construction area (or 17.2 feet from closest measurements when measuring from the existing southwest corner of the dwelling) instead of the code-required 25 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The as-built deck is 30.6 feet wide along the northerly measurement and 28 feet deep along the west side measurement. This new construction is a replacement of the pre-existing deck, maintaining all pre-existing side yard setbacks at 10 feet from the southwesterly corner of the deck to the side lot line and 8.4 feet from the northeasterly corner, measured at the closest points as shown on the August 27, 2004 amended survey prepared by Peconic Surveyors, P.C. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. This is simply a replacement of the construction that was existing. 3. The requested area variance is minor with a 6.6 ft. reduction from the code required 25 ft. combined side yard area. -. Page.2 - December 2, 20O4 Appl. No. 5608 - R. Arin CTM 67-1-9 4. The difficulty was self-created when the applicant purchased the prog)erty with preexisting, nonconforming construction, and the deck was replaced without a building permit. 5. No evidence has been submitted to show that this minor variance will have an adverse impact on the physical or environmental condition in the neighborhood. RESOLUTION/ACTION: 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 Member Orlando (Vice Chairman), seconded by Chairwoman Oliva and duly carried, to GRANT the variance, as applied for, as shown on the August 27, 2004 amended survey prepared by Peconic Surveyors, P.C (and Condon Engineering, P.C. Plan S-1 dated 6/24/04), SUBJECT TO THE CONDITION that the deck remain unroofed and open to the sky. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Olive (Chairwomgn"~, G~rin.,q~,,/7~rt~, and~inizio. (Absent was: Member Orlando.) This Resolution was dulyl~t~ o~ (4-/~..// / / IZ.I, vI / Vin~..ent ~riando,'~tin~ Chai~m~/Member 12-~ ~' -04 SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-67'-01-09 SCALE: 1'---30' JUl. Y 26, 2004 Aug. 27~ 200~t (odd. i/ions) LOT 4 LOT LINE AS PER FILED MAP. LOT J LOT 2 . COASTAL EROSION HAZARD -'"'----- L/NE COASTAL EROSION HAZARD LINE FROM COASTAL EROS/ON HAZARD MAP PHOTO 5 7-559-83 ELEVA T/ONE 4RE REFERENCED TO N.G.V.D. AREA=21, 6.76 SO. FT. TO T1E LINE LO[ NUMBEP..~ REFER l'O "MAP Of PECONIC S'HORES" F/LED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AUGUST 5, ~924 AS MAP NO. fI.~ ANY AL~RAU~ ~ ADDID~ TO ~/S SURly IS A ~AD~ OF ~CD~ 7209 OF ~E NEW YORK SLATE EDUCAD~ LA~ EXCFP~ AS PER SECD~ 7209-SU~I~ON 2 ,A~Z CERD~CAE~S HERE~ AR& VALID F~ ~IS MAP AND C~fE5 ~EREOF ONLY IF SAID MAP ~ COP(ES ~AR THE IMPRES~D ~AL ~ ~E SUR~Y~ ~0~ SIGNA ~RE APPEARS HERE~, 26' SOUND VIEW A VENUE //5£'CON/C S~V~-~~~-~',~ ' P.O. BOX ~g09 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 2004 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, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 18, 2004: 10:55 AM Risa Arin #5608. Request for a Variance under Sections 100-242A and 100-244 based on the Building Inspector's August 31, 2004 Notice of Disapproval, amended October 26, 2004, concerning an as~built (deck) addition, after removal of a former deck, with total side yards at less than 25 feet, at 180 Soundview Avenue, Peconic; CTM Parcel 67-1-9. 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: October 27, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski TO: RisaMin 180 Soundview Ave. Peconic, NY 11958 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL OCT 2 6 2004 DATE: August 31, 2004 Amended October 26,2004 Please take notice that your application dated August 16 2004 For permit for a deck addition to an existing single family dwelling (as built) at Location of property: 180 Soundview Ave., Peconic County Tax Map No. 1000 - Section 67 Block 1 Lot 9 Is returned herewith and disapproved on the following grounds: The "as built" deck addition on a property measuring approximately 6,675 sq. ft. in an R40 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 building containing 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 pertaining to such buildings." The construction survey for this deck addition indicates an existing side yard setback, of 10' & 8.4'. respectively. Pursuant to the ZBA's interpretation in Walz (#5309), such deck addition constitutes an increase in the degree of non-conformance. Therefore, the deck addition is not permitted pursuant to the non-conforming setbacks per 100- 244 which state that such lots measuring 6,675 sq. fi, require side yard setbacks of 10' and 25' combined. The total lot coverage is less than 20 percent. Amen d for clarifica ion ' Authorized Signature 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. APPLICATION TO THE SOUTHOLD TOWN BOAR~ $~ ~ For O~e~ Use Only Fee: Flied By: ~. ~ Date Asstgned/Asslgnmen~ No.~ ~ . Parcel Location: House Ho,~ Street~t~,~.~) ~ Hamlet~ SCTM 1000 Section ~Block / Lot(s) ~ Lot S~e ~ne District Maflfilg Autho~zed Representative: Address: Telephone: Please specify who you wish correspondence tO be mailed to, from the above listed names: ~Applicaut/Owner(s) [] Authorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~. Building Permit t3 Certificate of Occupancy [] Pre-Certificate of Occupancy D Change of Use [] Permit for As-Built Constrt [] Other: ARIN, RISA 67-1-9 R40 5608 VO AS BLT DECK ADDN - TTL SY SB 180 SOUNDVIEW AVE PECONIC Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordtpance by numbers. Do not quote the cede. Article X~ J~ Section 100- ~,t~ Subsection Type of Appeal. An Appeal is made for: '~ A Variance to the Zoning Code or Zoning Map, D A Varinnce due to lack of access reqnired by New York Town Law-Section 280-A, D Interpretation of the Town Code, Article Section [] Reversal or Other A prior appealD has ~has not been made with respect to this propert~ UNDER Appeal No. Year " Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER ot the neighborh0od or a dehtmenf fo nearby properties, If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method ieasff~le applicant to pursue, other than an area variance, because: {3) The amount of rellet req~sled b not subs~nflal (4) ~e va~anae will NOT bare an adverse effecf or!repast on ~e physical or conditions in ~e neighborhood or dlsMcf because: ~* ',~ ~ S~r, ~ ~o ~oc6 (~ Ha, ~e va~anae been self-created? ( ) Yes, or (X) No. ff noL I, the (6) Additional Information about the surrounding topography and building areas that relate to the dtiticulty 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 ol the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply~ STANDARD~. (Please consult your attorney.) Othenvise, olease ~roceed to the slanature and notary area bel.ow, /<~'~.s-.,-,~.~ . Signature of Appellant or Authorized Agent S~m to before mejhls , (Agent must submit ,4ulhorlzafion from Owner) :4: YOUN H. LE~ }.'~ NO, 01LE~078~4 Qualified Queen~ ¢oun~ - · ~mmis~lon Expire~ April/~ ~ .. Site Plan Prepared form Title Insurance Description of Properbj and Site Measurements SCTM# 1000-67-1-9 Scale 1" = 10' New Wood Deck on Existing Raised Concrete Patio and Rr=placeme.t of Exi:~ting Existing Single Story Dwelling 15 (2) 2x8 ACQ ~2x6 ACQ Joists. 16" O~_~CC 2x6 ACQ Joists - 16" aC 10' -30'-1" -23'-1" 10 ACQ Ledger Boar( Anchor Bolts 12" ac ti i ~-2xl 0 ACQ Ledger Board ~" Lag Bolts 12" aC 'f3' 2" New 2x6 Joists 16" aC and ~ Grade (2) ~ Bolts Though 4x4 ACQ Posts New 2x6 Joists 16" aC and ~ x 6 inch Decking-.. ! Ledger B,oard ~" Anchor Bolts 12" OC Grade 36'1 2x8 es ~ger Grade 4x4 ACQ Posts Simpson Post Anchor ',.-8"0 Sonolube Concrete Footing SEAl F: 1/?": 1L¢' Design Loads: Exterior Deck- Live Load- 40 psf Dead Load- 10 psf Wind Loads- 120 mph- ASCE-7 MWFRS - Method 2 Component and Cladding- Details from WFCM TABLE 3.8 Design Criteria - NYS Residential Code R301.2.1.1 and utilized the methods and procedures stipulated in Chapter 2 Engineered Design and Chapter 3 Prescriptive Design in the American Forest and Paper Association Wood Frame Construction Manual for One and Two Family Dwelling Units - High Wind Addition and ASCE 7. IPad Nailed to Concrete Every Joist ~Existing Concrete Patio ~EX Nailing Pad Nailed to Concrete Every Joist New 2x6 Joists 16" ac and ~ x 6 inch Decking~ Existing 2x10 ACQ Ledger Board ~" Lag Bols 12" O~ ~8"1~ Sonotube Concrete Footing SCALF: 1/7": ILO" Existing B Plans are prepared by Condon Engineering, p,c It is a violation o[Ihe New York Shale Education Law, Article 145, Section 7209, for any person unless acting under direction of a licensed Professional Engineer, Archttect, or Land Surveyor, to alter any item in any way, If an gem bead ng the seal of an Engineer, Architect, ur Land Surveyor ffi altered, the altering Engineer, Architect, or I.and Surveyor ehall affix to the ~tern hl'~/her seal and the notation "Artemd by" faf rowed by his/her signature and the date of such altera(lens, and a specffic description of lbo alteration Condon Engineering, P.E.Arin Residence Brawn by' JJC t755 SIgsbee Road 180 Sound View Avenue ,, Matlituck. New York 11952 Date: 6 -24-2004 (631) 298-1986 Peconic, New York