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Home My WebLink About5610TORELL, ARTHUR 33-2-11 5610 GG NEW HOUSE - REAR YARD SETBACK 365 WESTWOOD LANE GREENPORT ,M:'PEALS BOARD MEMBERS Ruth D. Oliva, Chair, roman 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://sout holdtown.northfork.net BOARD OF APPEALS q~ c~ ~2~ TOWN OF SOUTHOLD 7 FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~ MEETING OF DECEMBER 2, 2004 Soutffold Town Clerk ZBA Ref. 5610 - ARTHUR TORELL Property Location: 365 Westwood Lane, Greenport; CTM 33-2-11 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 24,756 sq. ft. vacant property has 115 ft. along Westwood Lane in Greenport, as shown on the May 7, 1998 survey prepared by Peconic Surveyors, P.C., last amended November 18, 2004. BASIS OF APPLICATION: Building Department's May 4, 2004 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct a new dwelling for the reason that the rear yard is less than the code required 50 feet. 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 dwelling with a rear yard setback at 35.5 feet instead of the code required 50 feet. 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, after careful evaluation of all evidence received, in the written town records and during the public hearing. The applicant is requesting a rear yard setback at 35.5 feet. This request is based upon the nature of a scaled-down home on a lot which contains a significant amount of wetland restricted areas. The lot is 24,756 sq. ft. in total lot area and contains a very small area for building. Page 2 - December 2, 2004 File No. 5610 - Arthur Torell CTM Id: 33-2-11 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This is a very small lot, and without a setback variance, a dwelling would not be possible. 3. The variance granted herein is substantial and is the maximum the board would approve. The code requires a minimum of 25 feet for both side yards, and the addition is a two-ft, reduction from this requirement, resulting in total side yards of 22+- feet. 4. The difficulty was not self-created. The difficulties are related to the unique topography of this building lot and probably should have been made part of another lot on the filed map based upon the wetlands aspect of the property. 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. The applicant is following all procedures to obtain other agency permits under the wetland ordinances and other pertinent codes. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single-family dwelling, 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 Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the May 7, 1998 survey prepared by Peconic Surveyors, P.C., last amended November 18, 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), Go ~,ri~ge~ T~rto,/,a, and Dinizio. Orlando was absent.) This Resolution was duly adopted (,4':0).'/./-,'//' / ./' Vincent Orlando, Acting Ch'~i'rman 12/~t~/04 Approved for Filing (Member I¢m I~'nillor wi{it lhe ST.~,~DARD$ FOR APPROV,~L AND CONSTRUCTION OF SUBSURFACE SEWAGE NYSDEC # 1-4738-00755/00005 DISPOSAL SYSYEMS FOR SINGLE FA~ RESDENCE3 ~d ~1 ~bide b~ Iba conditions ~al f~& tb~ ~4 ~ the SCDHS Re{. ~ R10-04-0009 permil to co~lruct. · The Iocolions of wells ~d cesspools shown hereon ore from I~eJll observolions one or from dalo oM~nefl from off, ers. NO TS' LOT NUMBERS REFER TO 'MAP OF EASTE~(N SHORES - SECTION 2' FILED IN THE SUFFOLK COUNT'Y CLERK'S OFFICE AS MAP NO. 4426 OWNER' ARTHUR TORELL $77 THOMAS PLACE W¥CKOFF, N.J. 074~1 ZONING DISTRICT.. R40 fiOIl SURVEY of PROPERTY AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N 1000 - 33 - 02 - 11 SCALE.. 1"= 40' MA Y 7, 1998 NOV. I0~ 1998 { ~8difion ) APRIL· ~0~ ~00~ ( revision I AUG. 20~ 200,~ (fey/sion prop. hse. Oc{~ f.7~. 2005 (B.O.H.) Ocl. ~ 7~ ~003 (HA YBALES ( ~ ~'~ F~EB. 13 2004 {WETLAND FLAGS) uoy ~6, ~004 F~CONIC SUR~Y~P~ (revldo~: (631) 765 - 5020~F/ No~. /0, 2C04 P. O. BOX .909 TO. TAL AREA = ~4,?§6sq. fl. .AREA W_ETLAN¢)~ =RO$O ~./. AREA PROPOSED DWELLING 1625 s,I, 1625 / 157~ -/0 ~ COVERAGE PROVIDE 2- 6'~ ~ 4' DEEP DRYWELLS · TO CONTAIN ROOF RUNOFF CONTOURS LINES ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAFH/C MAPS (N.G.V.D.) 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: 10:00 AM Arthur Torell #5610. Request for a Variance under Section 100-244, based on the Building Inspector's May 4, 2004 Notice of Disapproval concerning a proposed dwelling at less than 50 feet from the rear lot line, at 365 Westwood Lane, Greenport; CTM Parcel 33-2-11. 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 TO: Arthur Torell 377 Thomas PI Wycckoff, NJ 07481 Please take notice that your application dated April 23, 2004 For permit to construct a new dwelling at Location of property: 365 Westwood La., Greenport, NY County Tax Map No. 1000 - Section 33 Block 2 Lot Is returned herewith and disapproved on the following grounds: DATE: May 4 2004 TORELL, ARTHUR 33-2~11 5610 GG NEW HOUSE - REAR YARD SETBACK 365 WESTWOOD LANE GREENPORT The survey of this 25,811 sq. ft. non-conforming lot, indicates the proposed new dwelling with a rear yord setback of 35.5". Therefore, the proposed new dwellin~ is not permitted pursuant to Article XXVI Section 100-244 which states that non~conformine lots between 20,000sq. ft. & 39,999 in size require a rear yard setback orS0'. The lot coverage is less than 20%. Authorized Signature CC: file, Z.B.A. ..~,I'I'LI(~..~ON TO TIIE ~OUTII()IJD TOWN RI) O1,' AIq'EAL,S , Fee:o~ ,' c D-~../ O- D;le ~. .... , TORELL, ARTHUR 33-2-'~ 1 5610 G~ . .. ss~nell~asn~nm,,; r~.. NEW HOUSE - REAR YARD SETBACK 366 WESTWOOD LANE GREENPORT SEP - OO14 Z~oue District ! I (~VE) APPE:~L THE WRITTEN DI~TERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): ~U~ ~ ~L~ Authorized Representative: Address: Telephone: ~' A--K '. Please specify who you wish correspondence tO be mailed to, from the above listed names ~plicant/Owner(s) El Authorized Representative [] Other: %'HEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: -~uilding Permit ertifieate 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-~TM['/'l Section 100-~t~t/ Subsection Type of Appeal. An Appeal is made for: '~, 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 ap. pea'~ as 0 has not been made svlth respect to this property UNDER Al)peal 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 deMmenf fo nearby properties, If granted, because: (2) The benefit s~ughf by the applicant CANNOT be achieved by so.me method feqslble for the applicant to pursue, other than an area variance, because: ~ ~-~ (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions_ In the nelglhborhood or district because: /~_4~ ,4w"'/(- ~-o~/b /-~,J~Z).~4-/.'~"~ OH-. (5') .as the variance peen seff-creared? (/v%) Yes, or ( ) No. If not, Is the construction exlsfing, asbuilt? ( ) Yes, or ( ) No. (6) Additional Information about the surroundlng topography and building areas that relate to the d. lfficully In meeting the code requirements: (atJac~ 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 of the community. ( ) Check this box and complete PART B, Questions on next page fo apply USE VARIANC~ STANDARDS. (Please consult your alforney.) Of I e roceedfo~ notary area bel.ow. Signature ot Appellatfl or Authpffzed Agent Sworn to before me this (Agent must submit A~Jthorlzafion from Owner) ....... _.','. ~/ ' Not~ry Public of Ne~v Jersey · . My Commission Expires June 12, 2008 ID # 2105581 OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD FORMER OWNER /V-: / RES. STREet ~ ¥:S N VL..~/! LAND IMP. TOTAL AGE NEW FARM Tillable NORMAL Acre Woodland Meadowlond House Plot IFARM DATE .,/~/ ~, BUILDING CONDITION BELOW ABOVE Value Per Value Acre VILLAGE E l' W COMM. SUB. ~.×' LOT~?.~)~, ~ REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD TYPE OF BUILDING CB. MICS. Mkt. Value ~r~- VI ~ ~/ 7/ - DEPTH BULKHEAD Total I DOCK COUNTY OF SUFFOLK (~ ~ ..... ~F~ ,o,.~, 50UTHOLD Red PropeFfy Tax Service Agency I ¥1 ~ [ ~ i 033