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Home My WebLink About5489APPEALS 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 DETERMINATIO.bI,,..~ MEETING OF APRIL 8, 2004 ZBA Ref. #5489 - DON and IRENE SUTER Property Location: 1150 Dean Drive, Cutchogue; CTM 116-5-14. Southold Town Hall 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED APR 16 2004 So.t~o/~ Town Cler[~ 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 Ac'lions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 18,883 sq. ft. lot has frontage along the south side and east side by Dean Drive, and 259.85 ft. along the westerly property line. The lot is improved with a one-story, single-family residence and accessory garage. BASIS OF APPLICATION: Building Department's July 23, 2003 Notice of Disapproval, last amended February 3, 2004, citing Code Section 100-33C, 100-242A, and 100-244B, in its denial of a building permit application concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 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: Applicants wish to construct additions with alterations to the existing dwelling at 29.9 feet from the easterly (front) lot line and from the westerly (side) lot line with variable setbacks between 5.1 ft. and 12 ft., and to rotate the existing detached garage (265 sq. ft. and proposed 128 sq. ft. addition) to a minimum setback at 23 feet from the front lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to the nearby properties, the applicants propose to decrease the non-conformity of the existing garage by relocating it 6.1 feet farther from the property line, and the proposed addition to the house will maintain the existing non-conforming setback of 5.1 feet. Page 2 -April 8, 2004 ZBA No. 5489 - D. and I. Suter CTM 1000-116-5-14 2. The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than an area variance, because the lot is narrow and the position of the house already exists. 3. The amount of relief requested is substantial because it represents more then a 50% reduction the minimum setback requirement of 10 feet 4. There was no evidence submitted to indicate that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and relocation of the garage, 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 Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the construction diagram for the dwelling additions dated 10-18-02, revised 9-5-03 by Richard M. Suter, R.A. and map prepared by Stanley J. Isaksen, Jr., Land Surveyor dated February 1, 2000, revised January 7, 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, Orlando, and Dinizio. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 4/15/04 Approved for Filing Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: The Southold Town Zoning Board of Appeals FROM: Damon Rallis, Permit Examiner, Building Department DATE: January 14, 2005 ADDITIONAL INFORMATION REQUESTED Project: Surer, Appeal #5489 Location: 1150 Dean Drive, Cutchogue SCTM# 100 - Section 116 - Block 5 ~ Lot 1~4 The Zoning Board granted a variance for the above referenced property to allow the applicant to "rotate an existing detached garage (265 square feet and proposed 128 square foot addition) to a minimum setback at 23 feet from the front lot line." When the applicant commenced construction, it became apparent that the detached garage was in poor condition and could not be moved. Therefore, the applicant has requested to "rebuild" the garage in the approved location. ;lhea~ ;~iSflr~i~r twih~eth~ff~or ~tsitdhlrSat~loa~.meets the requir~c~ln~_~ LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 18, 2004 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 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~ MARCH 18~ 2004, at the time noted below (or as soon thereafter as possible): 11:00 a.m. DONAND and IRENE SUTER #5489. This is a request for Variances under Sections 100-33C, 100-242A, and 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, last amended February 3, 2004, concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. Location of Property: 1t50 Dean Drive, Cutchogue; CTM 116-5-14. 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: February 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowaiski TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: July 23, 2003 AMENDED: January 26, 2004 AMENDED: Feb--004 TO: Land Use Ecological Sev/ices A/C Suter / POBox 1060 [ Riverhead, NY 11901 Please take notice that your application dated July _3, For permit to relocate and construct an addition to an accessory garage and construct additions a~ alterations to an existing single family dwelling at Location of property: 1150 Dean Drive, Cutchogue, I'45' 11935 County Tax Map No. 1000 - Section 116 Block 5 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 18,883 square foot parcel, with two front yards, is not permitted pursuant to Article Ili, Section 100-33C, which states; "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 requirements as set forth by this code." Principle building setback, per Article XXIV, Section 100-244B, is 35 feet. Following the proposed re- location and addition, the accessory garage will be set back 16.3 feet from the front yard line. In addition, the proposed additions and alterations to the existing single family dwelling are not permitted pursuant to Article XXIV, Section 100-242A, which states; "Nothing in the article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming buildin~ containing a conformin~ use, provided that such action does not create any nexv non-conformance with regard to regulations pertainin~ to such buildings." Article XXW, Section 100-244B, states that such structures are required to have a minimum single side yard setback of 10 feet and a minimum front yard setback of 35 feet. The existing single family dwellin~ has an existing single side yard setback of 5.1 feet and, following the proposed additions and _alterations, the proposed dxvelling will maintain those setbacks. Following the proposed construction, total lot coverage will be approximately 15.3 percent. This Notice of Disapproval was amended on January. 26~ ~004 to address changes made by the applicant and svas further amended on February 3~ 2004~ to address the second front yard setback. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold To~vn Building Department. CC: file, Z.B.A. APPLICATION I'O TIlE 5(IUTIIOLD ri'OWN BOARD OF APPEALS Office L'~e thlO, l't~ ~-~ ~ ~- SUTER, IRENE & DON (LU)116-5-14 5489 VO Office Notes: .... RELOCATE & ADDN GAR -ADDN/ALTS SFD F&S SB/LOT CVRG 1150 DEAN DR CUT ParcelLocatioIt: HouseNo.~lSO Street SCTM 1000 Section [ t[,,o Block~.~Lot(s) ~4 Lo, Size~tg~Zone Distrkt "A" ~e,c~te~c~a_[ ~ (~m) APPEAL THE ~5~[~TEN DETErmINATION OF THE BUILDING Mailing Telephone: Authorized Representative: Telephooe: [~75~'~ Please specify who you wish correspondence., tO be mailed to, from the above listed names: [] Applicant/Owner(s) ~i~Authorized Representative E] Other: %tHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED~0~)~ FOR: }~ Building Permit [] Certificate of Occupancy [3 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. ~ ~:;k~._ C-_-_-_-_-_-_-_-_-_~ O-~C.>-Cvqe.~-') Article Section 100- Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New YorkTown 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: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to 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 effect or Impact on the physical or environmental conditions In the neighborhood or district because: (5) Has the vadance been self-created? ( ) Yes, or ('y~) No. If not, is the construction existing, as built? (~) Yes, or ( ) No. (6) Additional Information about the surrounding topography and building areas that relate IQ the difficulty 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 of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your~Ise, please proceed to the sl.qnature and, notary area below. ~- ..... ~ 7z~ Signature of Appellant or Authorlzed Agent Sworn t,9~l~f_orej~e this ,_J ,/ (Agent must submit Authorization from Owner) d~ of ~T..~/-_,--(~.~..-~..., 200'-/;~ ~,~l?d~¢ ~' ~-~__,~C-~ ~-'-~// CYNTHIA ALVAREZ ~ ~ NOTARY PUBLIC, STATE OF NEW ~RK ~ ~ No. 01AL6080878 ~ ~A 9~ ~ QUALIFIED IN SUFFOLK COU"~ Application to the Southold Town Board of Appeals Area Variance Reasons Front yard setback of 35 feet The applicant is proposing to rotate the existing garage to comply with sanitary requirement of the Suffolk County Health Department. Currently, the garage has a from yard setback of 16.9'; with rotation, the front yard setback will be increased to 23.0', an increase in setback of 6.1'. Single side yard setback of 10' As stated in the Notice of Disapproval, the single family dwelling has a side-yard setback ors. lt~, which will be maintained with the proposed addition. The size and shape of the lot make it difficult to meet code requirements. Specifically, the narrowness of the lot introduces difficulty in maintaining property line setbacks. Application to the Southold Town Board of Appeals Attachment to Application Provision of the Zonin , Ordinance Appealed Article Section 1'~0- Subsection IH 33 C XXIV 244 A XXIV 244 B XXIV 242 A Area Variance Reasons (1) The proposed construction is the rotation of an existing garage, addition to the existing residence, and screen enclosure of an existing porch. Therefore, the character of the neighborhood will not be changed, nor will this construction be a detriment to nearby properties. (2) The owner is subject to a practical difficulty due to the size of the lot and the limited building area. There is a practical difficulty in meeting setback requkements as the entire structure is located in close proximity to the wetland line. The garage, once rotated, will have a setback of 10.0 fl from the western property line and 23.0' fi-om the front yard line. The total lot coverage with all proposed structures will be 15.3%. (3) As stated in the Notice of Disapproval, the single family dwelling has a side-yard setback of 5. Il't, which will be maintained with the proposed addition. The garage will have a side yard setback of 10.0', which complies with Article XXXIV Section 100- 242A. (4) The wetland setback will be maintained with the proposed dwelling addition and garage rotation; the only change in setback is the garage to 10.0 fect from the western property line. The garage will be moved over already landscaped area. Therefore, physical and environmental conditions, including the wetlands, will not be impacted by the proposed setback variance. (6) The size and shape of the lot make it difficult to meet code requirements. The wetlands setback reaches almost to the existing garage. In addition, the narrowness of the lot introduces difficulty in maintaining property line setbacks. The extension is located on the north side of the dwelling and therefore will not impact wetland resources. Additionally, the extension is located landward of the existing structure and incorporates existing setbacks of 19' from the TWL. Finally, the enclosure of the porch via screen will not reduce any existing setback or impact the wetlands. I 2.2 47.5& TEST HOLE RY McDONALD GEOSOIENCE ON 5/18/05 AT 12:05 PM. (AT HIGH TIDE). ORIGINAL GROUND FOR SCDNS USE ONLY OL SW EXISTING FRAME GARAGE RELOCATED WATER SERVICE 50.00 ~o m 0 PERCENTAGE OF LOT COVERAGE AREA OF GARAGE ~ CONC DW.(EXISTING) 567.47 S.F. AREA OF HOUSE (EXISTING) INCL PERCENTAGE OF LOT COVERAGE OF ALL EXISTING STRUCTURES AND DRIVEWAY 21,59X PERCEN~GE OF LOT COVERAGE OF PROPOSEO STRUCTURES/IMPROVEMENTS TO AREAS ABOVE ~DAL WETLANDS: FOR $OUTHOLD TOWN: AREA OF LOT ~9 PERCENTAGE OF LOT COVERAGE OF STRUCTURES/IMPROVEMENTS 18,885 vgc F ~ EL 75 CESSPOOL ? 'MtN 2'MAX. COVER EL 85 $' ABOVE GROUNDWATER (MIN.) THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL WERE DESIGNED BY ME UNDER MY DIRECTOR . AND THOROUGH STUDY OF THE SOIL, ~TE AND GROUND LOTS A5 PROPOSEO, CONFORM TO THE SUFFOLK COUNTY IN EFFECT AS OF SUBDIVISION CUTCHOGUE, SUFFOEK LOT 9 MAP OF DOWNSVIEW SITUATE TOWN OF SOUTHOLD COUNTY, N.Y. SURVEY'ED FOR: DONALD W. SUTER IRENE M. SUTER ELEVA~ON5 IN 1929 NGVD. THIS ENTIRE PARCEL IS LOCATED IN FLOOD ZONE AEB. SOURCE. FIRM ~56105C0501 G, IALL RESIDENCES WITHIN 150 FEET OF THIS SITE HAVE WATER PROVIDED BY THE SUFFOLK COUNTY WATER AUTHORITY SANITARY: LB = LEACHING CESSPOOL EP = EXPANSION CESSPOOL DW = DRY WELL PROPOSED 4-BEDROOM RESIDENCE SURVEYED BY STANLEY J ISAKSEN, JR. P.O BOX 294 NEW S FFOLK, NY 11956 ~[~./~L,~~531_7 4---835 g/ NYS L~c! No~49L~Z 00R865