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Home My WebLink About544910#0 Homesteed Way Greenport~ NT #3284 SLEDJ~SKI ~ RICHARD 6 ft. high fence CA - 11/29/84 FILED': 8/2~/85 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: 'Tsoutholdtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 8, 2004 RECEIVED JAN 3 0 2004 Appl. No. 5449 - DEMETRA TZANOPOULOS Property Location: 1040 Homestead Way, Greenport; Parcel 1000-40-2-21. Sou~hold Town Clerk 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 20,000 sq. ft. parcel has 100 ft. along the south side of Homestead Way and 200 ft. in depth. The property is improved with a two-story frame dwelling with deck areas and semi-inground pool at the rear of the dwelling, as shown on the May 25, 1983 survey, revised September 24, 1984, prepared by Raymond W. Donack, Sr., L.S.S. BASIS OF APPLICATION: Building Department's September 29, 2003 Notice of Disapproval, citing Section 100-242A and 100-244, in its denial of a building permit application to locate a proposed addition and alterations to the dwelling, at less than 35 feet for total side yards, and with lot coverage for all building area in excess of 20% of the total lot area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 18, 2003, 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: On September 16, 2003, the Applicant applied to the Building Department, based on a site plan dated 8/26/03 prepared by Art of Form Architecture, to construct a 21'3" extended wood deck and gazebo, attached to the existing deck behind the dwelling, at 3.6' on a single side yard, a total side yard of +-19.8 feet, and proposed 21% lot coverage. On 10/6/03 a revised site plan was submitted, confirming dimensions and setbacks for all proposed construction (addition to the dwelling, proposed deck extension and gazebo). ADDITIONAL INFORMATION:AMENDED RELIEF: During the December 18, 2003 public hearing, the applicant was requested to consider an alternative to increase the setbacks that would be more conforming to the code's side setback requirements of 15 and 20 feet, and total side yards of 35 feet. On December 22, 2003, Art of Form Architecture submitted a revised 12/19/03 site plan, relocating the proposed deck and gazebo to the opposite side of the existing wood deck and pool, with an 18' minimum westerly side setback, and without any proposal to construct within the easterly ~age'2'-' Jaduary 8, 2004 Appl. No. 5448 - D. Tzanpoulos 40-2-21 at Greenport side yard area. The 23.83' by 28.4' addition at the west side of the dwelling is proposed at 16.35 feet (16'4"), and the total side yards shown at 32.7 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 a~ternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to expand the dwelling and to increase ceiling height in bedrooms, as well as to add a yard gazebo connecting the deck with close proximity to the semi-inground swimming pool behind the house. The house is approximately 41 feet from the northerly front lot ~ine a~ong Homestead Way, and approximately 110 feet between the deck at the rear of the house to the southerly front lot line facing County Road 48 (a/k/a North Road). The addition at the west side of the dwelling is proposed at least 49 feet from the northerly front lot line, in line with the existing front wall of the dwelling, and will be 16'4" from the west side line, resulting in a total side yard area of 32'8". After the extension of an open, unroofed wood deck connecting the existing deck to the proposed gazebo, the lot coverage will increase by 279 sq. ft., for a total lot coverage of 4,279 sq. ft., including the step area from the gazebo, as shown on the 12/19/03 revised site plan. 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 addition is in line with the angles of the house in respect to the length and depth, and the deck areas are open, unenclosed. A patio at ground level, verses an open deck with gazebo, is not feasible for the design and purposes intended by applicant. 3. The variance granted herein is not substantial. The required 16'4" and 16'4" side yard setbacks (west and east sides) is the minimum necessary and reduce the code required 35 ft. minimum total side yards to 32'8", and lot coverage increase by 279 sq. ft. for all areas. 4. The difficulty was self-created when the addition was planned without conforming to the current Town Code requirements. 5. No evidence has been submitted to suggest that a variance on this private, residential lot will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, 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 Orlando, seconded by Member Goehringer, and duly carried, to ~agd 3~ JaRuary 8, 2004 Appl. No. 5448 - D. Tzanpoulos 40-2-21 at Greenport DENY the variance as applied for, and to GRANT alternative relief, as shown on the revised 12/19/03 site plan prepared by Art of Form Architecture. 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 (Chairwo..~an),/Go_.,g~, a~Orlando. (Member Tortora was absent.) (Member Dinizio, newly appoin,t?d ..1//6¢~_/~bs,,~ine/d~' This Resolution was duly Vincent ~rlan~o,'C'hairman 1/~/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 18, 2003 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 hearings 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, December 18, 2003, at the time noted below (or as soon thereafter as possible): 10:50 AM DEMETRA TZANOPOULOS #5449. Applicant requests Variances under Sections 100-242A and 100-244, based on the Building Department's September 29, 2003 Notice of Disapproval, concerning the location of a proposed addition and alterations at less than 35 feet for total side yards, and with lot coverage in excess of 20% of the total lot area, at 1040 Homestead Way, Greenport; Parcel 1000-40-2-21. 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: November 21, 2003. RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS By Linda Kowalski, Board Clerk FORM NO. 3 NOTICE OF DISAPPROVAL TO: Art of Form Architecture A/C Lena Tzanopolis 159 Broadway Amit.vville, NY 11701 Please take notice that yo!~r application dated September 16, 2003 DATE: September 16, 2003 AMENDED: September 26, 2003 AMENDED: September 29, 2003 AMENDED: December 26, 2003 For to make additions and alterations to an existing single family dwelling at l_ocation of property 1040 Homestead Wa,/, Greenport, NY County Tax Map No. 1000 - Section 41) Block2 Lot 2~1 Is returned herewith and disapproved on the following grounds: The proposed construction, located on this non-conforming 20,000 square foot parcel, in the R-40 District, is not permitted pursuant to Article XXIV 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 existing s~ily dwelling notes a single side yard setback of +/k'~6.5~ff et and a total side yard setback o~32A0 [eei. Following the proposed construction those setba~ill be maintained and will increase lot'Xeo~age t6N2 l~erc~nt. Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-244, which states that non-conforming parcels, measuring between 20,000 and 39,999 square feet in total size, require a minimum side yard setback of 35 feet and a maximum lot coverage of 20 pement. This Notice of Disapproval was amended on September 26 and 29 to correct errors. It was further an~led~on 4]n~'~-~003 to address changes made by the applicant. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICATION TO ]lie S(}U]ltOLD Tt)WN BOARD OF' APPEALS Fe~. $ Office No,es: __ }qled Parcel Location: House No.1040 St,'ee, SCTM 1000 Section~O~0 Block I ('WE) APPEAL THE ;~41'rTEN DETIERMINAIJON OF THE BUILDING INSPECTOR --, -~ ~ ' ~ ZOq~l~- ~7~ ~e~O~ Applicant/O,ner(s): ~fo¢ ~~~ ~1~, M~, Mailing Telephone: &51- ~'~lql Authorized Representative:__ Telephone: Please specify who you wish correspondence to be mailed to, from the above listed namgs: [] ApplicantfOwner(s) E'"~uthorized Representative [] Other: x,¥IiEREBY THE BUiLDiNG INSPECTOR DENIED AN APPLiCATiON DATED lO O'~ FOR: [~uilding Permit [] Certificate of Occupancy El Pre-Certificate of Occupancy 13 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 ~ Section 100- ~24~, Subsection ~ Ioo- 9.~. A Type of. Aj~eal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. D 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 h~as 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 fo nearby properties, If granted, because: IN~- r--~'m. -TI'~ (..,u,-~-~lG~--~ ~j~f/ (: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: d'~r~T]~l~) (3) The amount of relief re. quested is not substantial because: . ~-. (4) The variance will NOT have an adverse effect or Impact onihe ~h~Tcal or envlronmemm conditions In the neighborhood or dlsblct because: ~ ~ (5) Has the variance been self-created? (~ Yes, or ( ) No. If hal is the cons~c~on existing, as built? ( ) Yes, or ~ No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code re,qulrements: (attach extra sheet as needed) This Is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character o! the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page fo apply USE VARIANCE STANDARDS. (Please consult your atforne~ed fo the sl.qnafure and notary area below, SigJ~fure of Appellant or Aufhorlzed Agent ~t. (A~lent must submit Aufhorlzation from Owner) Sworn fo b~9~e me fhls l~lotary Public, [~tate of N~T~ ZBA App 9f30/0~ No. GIWAS068518 Qualified in Suffolk Commission Expires Nov. 4, / / TOWN OF sOUTHOLD_.~____~,.,~.~ VILLAGE OF CREENPORT F! C,T"IE 3 T E A D dJ,AT E×iSTIN~ EXiSTIN~ 2 5TOf~T FP-.~ME I F~,MIL¥ P..ESIDENCE P~OPOSED GAZEBO EXISTIN~ U~OOD DECK, E×ISTING P~L 5EMI- INC.-~OUND