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Home My WebLink About5632 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando ,lames Dinizio, ,lt. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED //.' ~ ,~ RECEIVED. Southold Town Lq'~rK FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just Property Location: 195 Village Lane, Orient; CTM 18-5-8 Southold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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' 13,875 sq. ft. lot has 130 feet along Village Lane, 118.20 feet along the northerly property line, 140.45 feet along the southerly side property line, and 90 feet at the rear line. The lot is improved with a one-story frame house and accessory garage building, as shown on the June 5, 2001 survey prepared by Peconic Surveyors, P.C., amended May 4, 2004. BASIS OF APPLICATION: Building Department's September 10, 2004 Notice of Disapproval, citing Section 100-33 in its denial of a building permit application concerning construction of a proposed swimming (lap) pool. The reason stated in the disapproval is for a side yard location, rather than a rear yard location. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 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 a 12 ft. by 55 ft. lap pool along the side of the existing dwelling, in the northerly side yard. The pool is proposed at least 40 feet from the front property line and seven (7) feet from the side lot line, as shown on the survey prepared by Peconic Surveyors, P.C. amended December 16, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is centered on the lot. Page 2 - December 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just CTM Id: 18-5-8 Most of the rear yard is occupied by an accessory garage building and a sanitary system. The lap pool construction is proposed within a fence enclosure along the northerly yard, near the house, and at least 40 feet from the front line along the street. No objections or concerns were raised at the December 16, 2004 public hearing concerning this proposed location. 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 rear yard of the property contains an accessory garage and a sanitary system. 3. The amount of relief requested to locate a lap pool structure in a side yard at least 10 feet from the side property line is the maximum relief the board would approve. 4. The difficulty has not been self-created and is related to the location of the existing sanitary system in the rear yard and garage in the rear yard. To move these structures would be very costly and would require other types of variance applications before agencies. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory lap pool structure, 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 Orlando, and duly carried, to DENY the variance as applied for with respect to the proposed 7 ft. side yard setback, and to GRANT alternative relief with a minimum side yard setback at 10 feet, SUBJECT TO THE FOLLOWING CONDITION: That screening be placed on the north side. 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 Page 3 - December 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just CTM Id: 18-5-8 addressed in this action. ~" Vote of the Board: Ayes: Members Orlando (Acting Chair~), C~g,~a,~ Dinizio. were Chairwoman Olive and Member Tortora. This Resolut~r~l_~.~,,f,a/~//~y/~l'_ .~_p,~._(~-0). V~ncent Orlando, Acting Char' ^'" ma"~ -1/~.~ /05 Approved for Filing Absent LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 16, 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, December 16, 2004, at the time noted below (or as soon thereafter as possible): 11:00 AM ELIZABETH PEYTON and ANTHONY JUST #5632. Request for a Variance under Section 100- 33, based on the Building Department's September 10, 2004 Notice of Disapproval, to locate a proposed swimming (lap) pool in an area other than a rear yard, at 195 Village Lane, Orient; CTM 18-5-8. 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 22, 2004. Ruth D. Oliva, Chairwoman Board of Appeals FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: September 10, 2004 TO: Charles Cuddy for E Peyton & A Just 445 Griffing Ave. Riverhead, NY 11901 Please take notice that your application dated September 7, 2004 For permit for an accessory swimmin~ pool (lap) at Location of property: 195 Village La., Orient, NY County Tax Map No. 1000 - Section 1~8 Block 5_ Lot 8 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 13,875 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 100-33 which states; In the Agricultural-Conservation District..., accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to the following: "On lots containing up to twenty thousand (20,000) sq. ft., such buildings shall be set back no less than three(3) feet from any lot line." The survey indicates the proposed sxvimming pool in the side yard. The total lot coverage is less than 20 percent. Authorized Signature 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 Parcel Location: House No. 195 Street Village Lane Hamlet Orient SCTMl000Section 18 Block 5 Lot(s) 8 LotSize 13.875 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~=pr~mhmr 1~: 200~' Applicant/Owner(s):. Anthony Just and Elizabeth Peyton Mailing Address: 195 Village Lane, Orient, NY 11957 Telephone: (631) 323-9722 NOTE: If applleant is not Ihe owner, $1ale if applicant is owner's attorney, agenl, architee(, builder, contract vendee, etc. Authorized Representative: Charles R. Cuddy, Esq. Address: P.O. Box 1547, Riverhead, NY 11901 Telephone: (631) 369-8200 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [~ Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 09/01/04 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy O[her: [] Change of Use [3 Permit for As-Built Construction [] Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article II~[ Section 100- 33 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 [] Reversal or Other A prior appeal [] has ~has not been made with respect to this property UNDER Appeal No. Year iFor Office Use Only: Fee $ Office Notes: Assigned Appl. No. 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 deMmentto nearby properties, If granted, because: the pool will be buf£ered with landscaping; its use is limited and seasonal; it is a recognized and customary accessible use (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: the rear yard includes a garage and cesspool (3) The amount of relief requested is not substantial because: the residence could be extended, with a side yard of ten (10') feet (4) The vadance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a pool may be located in a residence district and does not per se adversaly affect the environment (5) Has the variance been self-created? ( ) Yes, or (x) No. If 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, safety, 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.) Otherwise. olease proceed rathe slanature notary area belgw, Signet o~ Agent Sw.q~:~ to befp~e ~,ne this , (Agent must submti Authorization from Owner) 200: . NOTARY PUBLIC, STATE O~ YOR~ NO:01 MA6100507 QUALIFIED IN SUFFOLK COUN~ COMMISSION EXPIRES OCT. 20 ~