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Home My WebLink About5625BARTH, BARRY 106-1-26 5625 JD DEMO OLD & BLD NEW DECK - BLUFF SB 2040 CENTRAL DR MATTITUCK APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nor~h fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED JAN 7 20O5 FINDINGS, DELIBERATIONS AND DETERMINATION~ ~t,¢-.~-~' ~. ' MEETING OF DECEMBER 2, 2004 Sou~h~oId Towh Clerk ZBA Ref. 5625 - Barry D. Barth Property Location: 2040 Central Drive, Mattituck; CTM 106-1-26 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 1.4-acre lot is improved with a single-story dwelling with garage and deck areas as shown on the December 26, 2001 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's September 2, 2004 Notice of Disapproval, citing Section 100-239.4A(1), in its denial of a building permit to construct a new accessory deck, after demolishing the existing deck, for the reason that the new construction will be less than 100 feet from the top of the bluff of the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 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: The applicant wishes to construct a new, open 16' x 25' deck, plus lower 8' x 12' x 13' lower deck, all as shown on the plan view and elevation diagrams prepared by Charles M. Thomas, Architect dated August 2004. 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Page 2 - December 2, 2004 File No. 5625 - Barry D. Berth CTM Id: 106-1-26 3. The variance granted herein is substantial. The code requirement is 100 feet from the bluff. The granting of a variance to build a deck at 76.5 feet from the bluff, after demolishing the existing deck, represents a 23.5% reduction from this requirement. 4. The difficulty has not been self-created and is related to the need to rebuild the applicant's deck in a location that has existed for many years at a reduced distance to the bluff. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new deck, 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the requested variance, as shown on the December 26, 2001 survey, amended October 29, 2004 by Joseph A. Ingegno, L.S., and elevation and site maps prepared by Charles M. Thomas, Architect dated August 2004, subject to the CONDITION that the deck remain unroofed and open to the sky, as applied for. 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 Olive (Chairwoman), Goehrir~r, ~'o~ Orlando was absent.) This Resolution was duly adopted (4-0).// Vincent Orlando, Acting Chair~nar~Y"l Approved for Filing n~Dirflzio. (Member ~4 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 $outhold, 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: 1:00 PM Barry D. Barth #5625. Request for a Variance under Section 100-239.4A(1), based on the Building Inspector's September 2, 2004 Notice of Disapproval concerning a new deck at less than 100 feet from the top of the bluff or bank of the L.I. Sound, at 2040 Central Drive, Mattituck; CTM Parcel 106-1-26. 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 26, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 2, 2004 TO: Barry D. Barth 32 E. Main Street Riverhead, NY 11901 Please take notice that your application dated September 1, 2004 For permit for to demolish an existing accessory deck and construct a new accessory deck at Location of property: 2040 Central Drive, Mattituck County Tax Map No. 1000 - Section 106 Blockl Lot 2~6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 1.13 acre lot, is not permitted pursuant to Article XXIII Section 100-239.4 A(l) which states; "All buildings located on lots adiacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The p~oposed construction notes a 72-foot setback from the top of the bluff. ~~re eo' ion~i' z ' iy~ ~to the above referencld application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee: $ Office Notes APPLIC T~ION TO' THE SOUTHOLD TOWN BOARD __ Date Assigned/Assignment No. _ BARTH, BARRY 106-1-26 5625 JD DEMO OLD & BLD NEW DECK- BLUFF SB 2040 CENTRAL DR MATTITUCK ParcelLocation: HouseNo, 2OqO StreetCEIVT~'~aL _])RIVE Hamlet/YIr~T'Tl'i-~dC]¢ SCTM 1000Section IO(~ Block ~ Lot(s) ,2~ LotSize I.~l Zone District I 0~ APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Authorized Representative: Address: Telephone Please specify who you wish correspondence tO be mailed to, from the above listed namgs: ~Applicant/Owner(s) 13 Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~oXt /~ 2oO~f FOR: ~(Buiiding Permit U 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 of Zoning Ordinance by numbers. Do not quote the code. Article }(' ~' I..I ~ Section 100- Z~?.qSubsection ~ / Type of Appeal. An Appeal is made for: ~'A 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 [] 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 Application Part A: A[~EA VARIANCE REASONS (a~fach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a deblmenf to nearby properties. If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for applicant fo pursue, other than an area variance, because: t-~ (3) The amount of relier requeited Is net substantial because: (4) The variance will NOT have an adverse effect or. Impact on the physical or envlronrnenh31 conditions, In the neighborhood, or district, because: ~ (5) Has the variance'been self-created? ( ) Yes, or ( ) No. If not, Is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional Information about the surrounding topography and building areas that relate fo the difficulty In meeting the code requirements: (attach extra sheet as needed) Thts 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. -- Veery "C'~-o ~ I ( ) Check this box and complete PART B, Questions on next page fo apply~ STANDARDS. (Please consult your attorney.) Othen~se. olease moceed to the slanalure and Slgna~re ot A~pellant or Authorized Agent (Agent mu_,~ submit A~thori~zation from Owner) Z~ App 9/~02 ®ENERAL NOTE~ L SCALE: I/ = I'-O" C) 25' O" FOUNPATION PLAN SCALE: I/4": I'-0" ELtE',/AT I ON SCALE: I/4" I '-O" \ NOTE: ,ALL FOOTINO~ 5HALL ] DE 48' DELOIN ®P-.A~E / J SECTI_O° SCALE: 114" III ~Z o111 JULY 19, SEPTEMBER SURVEY OF LOT 3 MAP OF CAPTAIN KID ESTATES BLOCK ]Vo ! FILE No. 1672 FILED JANUARY 1!t, 1949 SITUATED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-106-D1-26 SCALE 1"-30' DECEMBER 26, 2001 JUNE 6, 2002 ADDED 100' SETBACK LINE JULY 8, 2002 ADDED PROPOSED ADDITIONS 2002 ADDED TEST HOLE & PROPOBED SEPTIC SYSTEM 23, 200-I UPDATED SURVEY & ADDED PROPOSED DECK OCTOBER 29, 2004 ADDED PROPOSED BECK SETBACK AREA - 61,585.33 sq. fl, (To TIE UNE) 1,414 ac. CERTIFIED 7'0 BARRY D, BARFH FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW COUNTRYWIDE HOME LOANS, INC. YORK TEST HOLE DATA 14' 29' JoSeph A. Ingegno Land Surveyor PHONE (631)727-2090 Fox (631)727 1727 / / LO7' NOTES. 1 FLEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN TNUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: 5 9O OCI' 2 9 ~004 21-606D