HomeMy WebLinkAbout5567APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
http: '*sour holdtov, n.nor th fork.net
BOARD OF APPE.~LS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 7, 2004
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765 -9064
Se~,~he!~ Town Clerk
ZBA File 5567 - EUGENE AND GEORGENE BOZZO
Properly Location: 4135 Camp Mineola Road, Mattituck; CTM 123-5-27.
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 applicants' 7,665 sq. ft. parcel has 50' along a 30' wide
private right-of-way known as Camp Mineola Road, 168.56 feet along the westerly property line,
49.57 feet along the mean high water, and 167.18 feet along the easterly property line. The parcel
is improved with a single-family dwelling and accessory garage, as shown on the December 11,
2003 survey prepared by Martin D. Hand, L.S., amended 3/8/04. The lot coverage was proposed at
35.7+- percent.
BASIS OF APPLICATION: Building Depadment's April 8, 2004 Notice of Disapproval, amended
July 19, 2004, citing Sections 100-242A and 100-244B, in its denial of a building permit, concerning
proposed first and second story deck additions: (a) with relief from the lot coverage limitation of 24%
restricted under Appeal No. 3553; (b) with relief from the code requirement for a single side yard at
less than 10 feet on a single side yard, and less than 25 feet total for both side yards.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 14, 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 applicants wish to construct additions with
alterations to the existing dwelling. The December 11, 2003 survey, amended 3/8/2004, included
applicant's original request for a proposed 14' x 24' 1s~ and 2® floor open wood deck with side yards
at 7.7 feet from the westerly lot line and 10.3 feet on the easterly lot line, and total side yard area of
18 feet, at its closest points. The lot coverage was clarified and adjusted to 33.14 percent of the
total lot area (to the current high water mark and deeded property line along the rear yard) shown on
the July 23, 2004 survey amendment.
Pag~ 2 - October 7, 2004
File No. 5567 - E. and E. BOT_ZO
CTM Id: 123-5-27
APPLICANTS' AMENDED VARIANCE REQUEST: On June 28, 2004 the applicants' architect
submitted amendedst diagrams together w~th' an amended survey, all dated June 4, 2004, requesting
a proposed I and 2® floor (2"dfloor unroofed) open wood deck (359 sq. ft.) as modified, with a
proposed 10 ft. westerly side yard setback from the new deck and 7.4 feet from the existing
rear/southerly yard, and 9.5 feet between the new deck and the easterly property line, and total side
yard area of 16.9 feet, at the closest points of the building area.
FURTHER CLARIFICATION AND AMENDMENT: On August 2, 2004 the applicants submitted an
amended survey outlining the total lot area, based on the current high water mark and deeded lot
line along the rear yard, at 7,665 sq. ft. This amendment also outlines the requested lot coverage of
all areas, proposed and existing, at 2,540 sq. ft. (33.14% of the total lot area). The setbacks remain
the same at 10 ft. and 9.5 ft. for the new 1st and 2nd floor 359 sq. ft. wood deck areas (with 7.4 ft. and
10.3 ft. setbacks remaining for the existing building). On September 16, 2004 an amended diagram
was modified by the applicants confirming their request for a deck footprint of 234 sq. ft., for a 9' x
26' deck, instead of the 359 sq. ft. footprint, thereby further reducing the lot coverage maximum at
31.5%.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of alternate relief will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. Information was furnished by the applicants
indicating that their lot size as recently surveyed is 7665 sq. ft., a 331 sq. ft. difference from prior
years, based on the change in the location of the mean high water mark over a number of years.
This resulted in a changed calculation of building coverage since the 11/3/86 issuance of limitations
for lot coverage under Appeal No. 3553.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicants to pursue, other than an area variance. The addition is for a two-level deck area open on
three sides of the structure, which will not extend beyond the existing nonconforming side yard
footprint of the home. The upper level will not be roofed over or enclosed.
3. The variance granted herein is substantial. The code limits lot coverage to 20% of the total lot
area and provides for a reduced deck size, with the provision that the total coverage not exceed
30.7%.
4. The difficulty was self-created and is related to the need for a deck without conforming to the
current Town Code requirements.
Pag~ 3 - October 7, 2004
File No. 5567 - E. and E. Bozzo
CTM Id: 123-5-27
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 deck
addition is on the landward (front side facing the right-of-way).
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an 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
Member Dinizio, and duly carried, to
DENY the variance applied for, and TO
GRANT alternative relief, with the following CONDITIONS:
1. The lot coverage for existing and proposed shall not exceed 30.7% of the total lot area;
2. The lower front deck shall be at ground (grade) level.
3. The balcony over the ground level deck shall not be enclosed (open on three sides).
4. A revised map shall be submitted for review before issuance of a building permit.
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 Oliv..~a~(Chairwoman), Goehringer, Tortora, Orlando, and Dinizio.
This Resolution was duly adopted (5-0),. ~
Ruth D. Oliva, Chairwoman 11/ /04
Approved for Filing
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
TUESDAY, SEPTEMBER 14, 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
TUESDAY, SEPTEMBER 14, 2004, at the time noted below:
9:55 AM EUGENE AND GEORGENE BOZZO #5567. Request for a Variance under Sections
100-242A and 100-244, based on the Building Department's April 8, 2004 Notice of Disapproval,
amended July 19, 2004, concerning proposed first and second story deck additions: (a) with
relief from the lot coverage limitation of 24% restricted under Appeal No. 3553; (b) with relief
from the code requirement for a single side yard at less than 10 feet on a single side yard, and
less than 25 feet total for both side yards. Location of Property: 4135 Camp Mineola Road,
Mattituck; CTM 123-5-27.
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 (63t) 765-1809.
Dated: August 20, 2004.
BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
FORM NO. 3
NOT~CE OF DISAPPROVAL
TO:
David Bers Architecture A/C Bozzo
39 West 14th Street, Suite 504
New York, NY I0011
DATE: April 8, 2004
RENEWED: June 28, 2004
AMENDED: July 19, 2004
AMENDED: August 2, 2004
Please take notice that your application dated April 8, 2004 \
For permit to construct adrlitions and alterations to an exisnng single family dwellin.
Location of property: 6135 Camp Mineola Road, Mattituck, NY
County Tax Map No. 1000 - Section 123 Block5 Lot 27
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to this non-conforming single family dwelling, on this non-
conforming 7,623 square foot lot, 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 nonconformance
with regard to the regulations pertaining to such buildings."
The existing single family dwelling notes a single side yard setback of 7.4 feet, a total side yard
setback of 17.7 feet, and a total lot coverage of 28.45 percent. The proposed construction will have a
single side yard setback of 7.7 feet, ~ [ptal side yard setback of 22.2 feet and a total lot coverage of
33.14 percent, Pursyant to the ZBA's interpretation in Walz (#5039), such addition~ and alterations
will thus constitute on increase in the degree of nonconformance.
Therefore. the proposed addition la not _nermittcd_ pursuant, to Attl~la XXVI. ~%ctian 100-244. w .hieh
states that non-¢onformin~ !ets. mcasurin~ less than 20.000 sauare feet !n total size. reauir, o a
m~mmuth'sin'glb'slde yar~"setbac~ ;f f6 f~ek' a t6~al side yard'se~b~k 6~25 fe~t hiid a~otal 1;t
coverage of 20 percent.
In addition~ Zoning Board of Appeals decision #3553~ dated November 19~ 1986~ regarding the
Bozzo residence~ states that total lot coverage on the property may not exceed 24 percent.
This Notice of Disapproval was renewed on June 28, 2004, on July 19, 2004, to include references
to ZBA decision #3553, and on August 2, 2004, to correct lot coverage based on a new survey
from M[artin Hand, dated July 23, 2004.
AutholJ~)~l~u~
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 SOUTItOLD TOWN BOARD OF APPEALS
For Office Use Only
Parcel Location: House
Hamlet
SCTM 1000 Section /,t-3 Block -~ Lot(s). ~ 7 Lot Size ~ ~'.,t" Zone District
1 (WE) APPEAL TIlE WItlTTEN DETERMINATION OF THE BtJILDING INSPECTO~
Marling
b/aTE: If applicant is ~at the owner, state if applicant is owner's attorney, agant, architect, builder, contract vendee,
Telephone: ~'/,2..,1-¢1~-~-¥~/__ ____.~?; ,2/.~._~.~&~_~2,' ~ ~
Pleas~peci~ who you wish correspondence t0 be mailed to, from the above listed names:
~Apptican~Owner(s) ~ Authored Representative ~ Other: '
~E~BY THE BUILDING INSPECTOR DENI~:D AN APPLICATION DATED~.
FOR: ~u~ding Permit.
~ Cer~flcate of Occupancy ~ Pre-Certificate of Occupancy
~ Change of Use
U Permit for As-Burlt Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning ,O,r~i.nallee by numbers. Do not quote the code.
-- __ __Section 100..7-¥~-//Subsection
Type of Appeal. An Appeal is made for:
t3~A Variance to the Zoning Code or Zoning Map.
[1 A Variance due to lack of access required by New York Town Law-Section 280-A.
13 Interpretation of the Town Code, Article Section
[] Reversal/or nth, er
A prior appeal ~has ~as not been made with respect to this property UNDER Appeal
Page 2 of 3 - Appeal Application
Pad A: AREA VARIANCE REASONS (attach extra sheet as needed):. ,
(1) An undesirable change will not be ~roduced in the CHARACI'ER 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 dlsMct because:
(5) Has the variance been self-created? ( ) Yes, or ( ) No. It not, is the construction
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 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 of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARD~. (Please consult your attorney.) Ofherwl~, please proceed to the slqr)ature alqd
n ota~ area b el.ow. ~ /~ ~//~/,~
Signa~re ~ Appellan~ Autho~zed Agent
Sworn to before me this ./ (Agent must submit ~tho~za~on ~om Owner)
v~ (NoJa~ Public) '
Please specify *~ho you wiah co~espoudcuce tb be mailed to, fram the almve listed names:
~IERECV THE BI/II DIN(; IN~PE~OR DENIED AN AD PLIC..x~ ION D,l lED
~Buii~u$ Permit
~ C~rtifieate of Occupancy ~ Pre-Certificate of Occupancy
~ C~aageofUar
~ Permit Mr As-Bufll Co~strucfio BOZZO, E f G ]23-5-27 R40 ~567 LT
C 1sT & 2NO STY DECK ADDN - ~L SY SB
Other: 4135 CAMP MINEOLA RD MATT
Prm.'i~j¢ ~ of fl c Z. ouing Ordinat~¢r .'\ppealed. htilicMe Article, Se,otir~n, S,Ib~ection and paragraph
Article ~ ~ Secflo~ 1O0-.Z~ St~bsecfiou
Type of'~peal. ,'%.il ..'kppea! is made [or: Lr, A Varla~(¢ to the ~aiug Code or
~ ,k Varia~c~ due to lack ~f acccs~ requi~ cd by New York Towu Law-Sc,:tiot~ 2B0-A.
~ lhtc~ref~tton of the Town Code: Artlel~ S~c/ton .....
U Reversal a' Other , .
N,) Year
AREA VARIANCE REASONS
An undesirable change will not be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties, if granted, because:
The house renovations have been designed to enhance the character of the
neighborhood by modeling the proposed alterations in material, design
and detail after the existing 1940's beach cottages nearby.
(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:
We consider a second floor expansion the best solution because it would
not expand the existing non-conformity of lot coverage and the deck
allows privacy from the public beach.
(3)
The amount of relief requested is not substantial because:
The proposed new construction will not extend the existing non-
conforming foot-print.
(4)
The variance will NOT have an adverse affect or impact on the physical or
environmental conditions in the neighborhood or district because:
No grading will take place, no trees will be eliminated and the alterations
will not block view from or increase shading of neighboring houses.
(5) Has the alleged difficulty been self-created? ( ) Yes, or (X) No
This is the MINIMUM that is necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safety and welfare of the
community.
Poee 2 al 3 - A~peal Appll~ arian
Port A: AA_REA V, ARIANCE.~EA~,ONS_ (.atta=h extra she,f as needed):
{1) An undesirable change wilt nat be produced Jm the CHARACTER of the neighborhood or a
detriment to nearby properties, J~ granted, because:
(2) The benefit sought by the applicant CANNOT be achieved bv same method feasible for the
applicant fo pu~ue, other than an area re,fiance, because:
(3) The amount al relief requested Is not substan~al because:
(4') ~he vaflance w111 NO1 have an adverse effect or Impact on the physical or environmental
(5) H(~s the variance been seti-created? ( ) Yes, ar ( ) No. I! not. is the construction
exlsflng, as buill?. ( ) Yes, o~ ( ) No.
(6) AdclltionaI Information about the surrou~,d)ng topography and building areas that relate to
the difficulty In meeting the code requirements: (attach extra ~heet ¢~s needed)
This is the MINIMUM that Is necessa~, and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, saJe~y, and welfare of the
community.
[ ) Check this box end complete PAR] B, Quesflo~n next page to apply~
,,STANDARDS. (Please consuJf you~ a~omey.) ~~ease ~roceed to the s~nafure and
~.m to he,me me th~s -- (A~ must submit Authorization kern Owner)
pi'
SITUATE A T
MAP NO.
MA TTITUCK FILED:
REVISIONS:ADD 2 ND. STORY
TOWN OF SOUTHOLD ADD/T/ON 3/08/2004
SUFFOLK COUNTY, NEW YORK ADD ELEVATIONS HSE. CORNERS&
FIN. FL. 5'24/2004
~ S.C. TM. DIST. 1000 SEC. 123 BLK. 05 LOT 27 REV. DECK& LOT COV. 6/04/2004
~--, , , , ~ ~ ~ , ~ I REV. EXIST. LOT COVERAGE 7/23/2004 '
10 5 0 10 20 30 40 50 60 70 80 90 ' ,, ~ '. ,
SCALE: 1"= 20' DATE: DECEMBER 11, 2003
LICENSE N0.000363
LOT AREA:7,665 SO. FT. = O. 176 ACRE (TO MEAN HIGH WATER MARK)
ALLOWABLE LOT COVERAGE: 1,533 SO. FT. = 20 % 46 NORTH ROAD
EXISTING LOT COVERAGE:2,181 SO. FT. = 28.45 % HAMPTON BA YS NEW YORK
PROPOSED ADDITIONAL LOT COVERAGE: 359 SO. FT. 11946 .... *~
PROPOSED LOT COVERAGE (EX/STING & PROPOSED): 2,540 SO. FT. = 33.14 % TEL: (631)-723.1954. FAX:(631)-723-1329
PROPOSED IMPROVEMENTS DEPICTED ON THIS MAP ARE MARTIN D. HAND L.S
BASED ON APPROXIMATE DIMENSIONS DERIVED FROM
CLIENT'S DESIGN AND/OR SITE PLAN. THE PROPOSED IMPROVEMENTS ELEVATIONS SHOWN HEREON ARE REFERENCED TO N.G,V.D, 1929
ARE SHOWN AS AN ACCOMODATION TO THE CLIENT AND NO DATUM ANB ARE THE RESULT OF ACTUAL FIELB MEARUREMENTS.
RESPONSIBILITY IS ASSUMED BY THE SURVEYOR FOR CHECKING
THE COMPLIANCE OF THE PROPOSAL WITH ZONING OR OTHER
REGULATIONS. WAY
30' WIDE RIGHT oF
{cA~P MiNEOLA RoAD~
LOT COVERAGE AREAS:
HOUSE: 1,375 SO. FT.
GARAGE: 386 SO. FT.
STEPS: 41 SO. FT.
DECKS: 379 SO. FT.
TOTAL AREA: 2,181 SQ. FT.
RECEiveD
MEAN HIGH WATER MARK
AS OBSERVED ON DECEMBER 16, 2~3