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Home My WebLink About5507 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 RECEIVED BOARD OF APPEALS ~"t¢~ ,9,,97 TOWN OF SOUTHOLD DELIBERATIONS AND DETERMINAT_,t,OJ~ MAY 1 3 2004 F.ND.NGS, MEET,NG Of MAY 6, 2004 ~~. ~ '" Southol4 Town'Clerk Appeal #5507 - ROBERT and SUSAN TOMAN Property Location: 3480 Main Bayview Road, Southold; CTM 78-2-13. 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 35,914 sq. ft. lot has frontage along the north and east sides of Main Bayview Road, a lot depth of 228.63 feet along the northerly property line, and 207.01 feet along the easterly lot line. The lot is improved with a concrete foundation for the new dwelling, constructed under Building Permit #29036-Z dated 12/24/02. BASIS OF APPLICATION: Building Department's February 26, 2004 Notice of Disapproval, citing Code Section 100-244 in its denial of a building permit application concerning a proposed deck addition with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 22, 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 wrap around, one-story deck at the front of the new dwelling. The relief requested is for an eight (8) feet open deck at the front of the house for a 32 ft. setback from the southerly front lot line, at its closest point. ADDITIONAL INFORMATION: During the April 22, 2004 hearing, the Board asked the applicants to include the front step area within the design of the addition at the front the house, at 32 feet from the front lot line, instead of placing the access steps in front of the deck. The applicants agreed to revise the plan, and the Board conditioned the grant of this variance upon a copy of the final, up-to- date survey confirming the setbacks to the front property line discussed at the hearing. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - May 6, 2004 ZBA No. 5507 - Robert and Susan CTM 78-2~13 at Southotd 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is an open structure extending up to 8 feet at the front of the new dwelling, leaving a setback of 32 feet from the southerly front lot line at its point. Sections of the road are unpaved, beyond the applicant's property front lot line lines, and contains at least one utility pole and overhead wires, shown on the September 21, 2000 survey, amended January 21, 2004, prepared by John T. Metzger, L.S. Board Members have viewed the area. The house to the east is situated with a similar nonconforming setback from the front property line facing Main Bayview Road. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The location of building construction on this lot is restricted by a northerly 50 ff. (10,250+- sq. ft.) buffer established to encourage wetlands growth adjacent to West Creek, and by two street frontages and two front yards 3. The variance granted herein is substantial. The requested 32 ft. setback for an open deck structure is an 8 ft. reduction of the code-required 40 ft. minimum front yard. 4. The difficulty was self-created when the new construction was planned. 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. Determinations have been obtained from the NYS Department of Environmental Conservation dated 8/12/92 and from the Town Board of Trustees under the wetland ordinances. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck 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 DENY the relief requested for a 30 ft. front yard setback to the proposed entry steps for the proposed deck; and to GRANT alternative relief, as shown on the decking plan (with a ZBA date stamp of April 20, 2004) for an 8' x 67' open deck addition and step area, all at a minimum of 32 feet from the southerly front property line, at its closest point, SUBJECT to applicant submitting a print of the final, up-to-date survey confirming the final construction with setbacks to the front Page 3 - May 6, 2004 ZBA No. 5507 - Robert and Susan Toman'~' CTM 78-2-13 at Southold property line, prior to issuance of a Certificate of Occupancy. 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 Dinizio. (Members Tortora and Orlando were absent.) This ResoA~,on was duly adopted (3-0). Ruth D. Oliva, Chairwoman 5/12/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 24, 2004 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. and Mrs. Robert Toman P.O. Box 1605 Mattituck, NY 11952 Re: Appeal No. 5507 Variance for Front Setback (Deck) Dear Mr. and Mrs. Toman: You may recall that during the April 22, 20 size of 6 feet on the angle closest to the road curve,. 32 ft. minimum setback. By way of a copy of this letter, it is request would not be modified, please contact me as soot please furnish our department with a copy of the p board member(s) because of the sharp turn in the ro: to a to a treas ould m to LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22, 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, APRIL 22, 2004, at the time noted below (or as soon thereafter as possible): 10:20 a.m. ROBERT and SUSAN TOMAN #5507. This is a request for a Variance under Section 100-244, based on the Building Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at less than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13. 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: March 24, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski · ¥ORM NO. 3 NOTICE OF DISAPPROVAL DATE: February' 26, 2004 TO: Robert Toman PO Box 1605 Mattituck, NY 11952 Please take notice that your application dated February 25, 2004 For permit to construct an addition to an existing single family at Location of property: 3480 Main Balariew Road, Southold, NY Cot.lnty Tax Map No. 1000 - Section 78 Block2 Lot 1~3 Is returned herewith and disapproved on the following grounds: The proposed addition to an existing single-family dwelling, located on a non-conformin~ 35,914 square foot parcel in the R-40 zone, is not permitted pursuant to Article XXIV, 100-244, which states that non-confomfin~ parcels, measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. Following the proposed addition, the single family dwelling will have a front yard setback of+/- 30 feet. Total lot coverage will be less than 20 percent. Authorized Signature MAR 0 2 2004 ZONING ~OARD OF APPEALS 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 BOARD OF APPEALS /'\~(P[~ee: $%~00 F,,ed B~'7~i) For Office Use Only . _ ' Date AssignedlAssigament No. ~'.;. ~ ] .LC'~' [Office Notes: TOMAN, ROBERT & SUSAN 78-2-13 5507 LT DECK ADDITION - FRONT YARD SETBACK 3480 MAIN BAYVIEW RD SHLD R40 ParcelLocation: aouseNo3'~50 Street i"~h~,~;~.¥{jietO'~, c.. ,'. ' SCTM 1000 Section 7~ Block ~ Lot(s)_],~ Lot SizA~/V Zone District ~ I ($~) APPEAL THE $~EN DETE~IINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s):. ~~ ~3X'A'XC~ ~ '~kk~,5 x',O¥~ Telephone: ~G~ 70'75 Pleas,e specify who you wish correspondence tO be mailed to, from the above listed names: ~/ApplicanlffOwner(s) [] Authorized Representative 0 Other: x, VHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: · [~Buliding Permit, [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use L3 Permit for As-Built Construction [ E]~ ,- / _ -- Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article 7(fli Vt,/CO -,.~.cj't~ Section 100- __ Subsection 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 0 Reversal orTer A prior appeal D has {~has not been made with respect to this property UNDER Appeal No.. ~ Year- Page 2 of 3 * Appeal Application MAR 0 2 2004 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 deklmenffonearbypropmfles, lfgranfed, because: ~k<~o~-~ o-~ ~'co~- (2) The benefit sought by the applicant CANNOT be achleved by some method feasible for the applicant fo pursue, other than an area variance, because: (3) The amount of re. requested is n~ (4) The vaffance will NOT have an aaverse enec~ or!mpact on tn~ pnys~ca~or env~ronmentm c~ndl~ons In the neighborhood pr dls~ct because:~'~ r~ C~C~ ,~ ~c~ ~ ~o~ ~ /~ ~-S (5) Has the variance been self-created? ( ) Yes, or (~ No. If not, is the cons~cfl~n e~sflng, asbullt? [ ) Yes, or ( )No. (6) Additional Information about the surrounding topography and building areas that relate lo 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, safely, and welfare at the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney~ ;~[b~,eect'l~-11~ slanafure and ~g~'a~t~re o~Appe~a~t or Authorized Agent Sworn to before me this " (Agent must submit A~fhorizalion from Owner) ~-,~day of .../.~ ........ 200 ~L. ~//~N~tary'Publlc) ~ JOYCE M. WILKINS N~o.rY PublJr,, State of New Yo~k mrml:xpireeJune12, .~..o c>~ ZBA App 9/3O/O2 (SO SLEEPY HOLLO~ 5,3