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Home My WebLink About5678APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUT}IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED MAY 2 0 2005 S'outhold Town Clerk ZB Ref. 5678 - FOSTER REEVE and VALERIE H. KRAMER Property Location: 626 Front Street, Greenport; CTM 48-1-2. 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 35,361.8 sq. ft. parcel has 200 feet along Front Street and is improved with a two-story frame home and accessory one-story masonary building, as shown on the April 13, 2005 survey prepared by Kenneth M. Woychuk, L.S. BASIS OF APPLICATION: Building Department's December 22, 2004 Notice of Disapproval, amended February 3, 2005, citing Sections 100-30A.3 and 100-244, concerning a building permit application for an as-built deck and proposed two-story addition to the dwelling, at less than 50 ft. from rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 2005 and May 4, 2005, 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 request area variances related to proposed two-story addition to be 38'9" from the rear property line, and an as-built open deck addition, existing at 27'3" from the rear property line, as shown on the 2/3/05 site plan prepared by Fairweather-Brown Design Associates, Inc. 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. The applicant's existing deck area is 22.5' by 22.1' and has existed for many years as-built. The deck will be cut back as needed for the proposed two-story addition, shown to be 10'6" by 14' wide as shown on the first floor plan prepared 2/3/05 by Page 2 - May 12, 2005 ZB Ref. 5678 - F. Reeve and V. Kramer CTM ID: 48-1-2 Fairweather-Brown Design Architects. The construction is similar to other decks and additions in the neighborhood. 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 principal building exists in a nonconforming location, and for many years had encroached over the rear property line. A lot line change was obtained, which increased the size of the rear yard and the building setbacks. 3. The variance granted herein is not substantial, The existing deck will be reduced in size to add for new two-story construction, and the new construction will extend only 6 square feet beyond the existing building. 4. The difficulty has not been self-created and is related to the location of the current rear property line, which extends 29 feet further than the rear line that predated zoning. 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 as-built deck and 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 appl~,ing the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the 2/3/05 site and elevation plans prepared by Fairweather-Brown Design Associates, Inc. and the April 13, 2005 survey prepared by Kenneth M. Woychuk, L.S. 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), Orlando, Dinizio, and Simon. (Absent was Member Goehringer.)This Resolution~, ~ d~ly~adopted (4-0). Ruth D. Oliva, Chairwoman 5//~'/05 Approved for Filing 97.53' FRONT STREET NOTE: LOTS SHOWN /~EFER TO LOTS ON MAp OF THOMAS PRICE St, FILE DEC. 1927 AS #85! F. SrTUAT£D AT; GREENPORT TOWN or: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE ~ 25--39 SCALE: !"=50' AREA: 35.561,8 S.F, OR 0.81 ACRES E~RES RECKED DR ~RE~DEO AR~~ E~CE~ ~ FEN~S C~D~ r~ A ~E~FIC PURPOSE AND 41 CER TIFJED TO:~ APRIL 13,2005 ~' ~ P.O, ~Z ~. .M~ttt~' ...... ~ '~' ~ York ~.L07 ~. ,00'0~ ~ ~o ~,,O g, I O.~'ON Z N~/~O~ ~0 (:]NV'] LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 31, 2005 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, MARCH 31, 2005: 9:40 AM FOSTER REEVE and VALERIE H. KRAMER #5678. Request for Variances under Sections 100-30A.3 and 100-244, based on the Building Department's December 22, 2004 Notice of Disapproval, amended February 3, 2005, concerning a building permit application for an as-built deck and proposed two-story addition to the dwelling, at less than 50 ft. from rear lot line, at 626 Front Street, Greenport; CTM 48-1-2. 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 7, 2005. BY ORDER Of THE ZONING BOARD Of APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To: Amy Martin for F & V Reeve 205 Bay Ave. Greenport, NY 11944 DATE: December 22, 2004 Amended: 2/3/5 Please take notice that your application dated December 17, 2004 For permit for an "as built" deck and 2 story addition to aa existine single family dwelling Location of property 626 Front Street, Greenport County Tax Map No. 1000 - Section 48 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed construction on a property measurin~ approximately 34,800sq. ft, in an R40 District, is not permitted pursuant to Article m Section 100-30A.3 which states: "No building or premises shall be used and no build'rog or part thereof shall be erected or altered in the Low-Density Residential R-40 Distxict unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effec as if such regulations were set forth herein in full," The survey for this "as built" & proposed construction indicates a proposed rear yard setback of approximately -_2?. 25 ! Therefore, the alteration/addition is not permitted pursuant to Article III Section 100-244, which states that such lots require rear yard sotbacks of 50'. The total lot coverage is less than 20 percent, *Amended due to updated survey. ~uthorized Signature · ' e Note to Applicant: Any change or deviation to the above referenced application, may requir further review by the Southold Town Building Department CC: file, Z.B.A. APPL ION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ ~, ~ Filed /~tt,t.,~.~) Date Assigned/Assignment No. Parcel Location: House No. ~ Street ~"'~orC~ ~3 SCTM 1000 Section ~ Block I Lot(s) 9 Lot Size llamlet ~ ~"~--tq ~o r~r Zone District I (WE) APPE4L THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR A plicaat/Owner(s): Mailing Telephone: NOTE: If applicant is no! Ihe 9wner~ slate il' appllca,! is owner's allorlley, agent, architect, builder, contract vendee, etc. Telephone: Int-T'} ~'q'~ ~ 0,, Please specify who you wish cor?espondence to be mailed to, fr. mh the above listed uam.es: [] Applicant/Owner(s) I~/Authorized Representa. t~e {3 Other: VD'HEREBY THE BUILDING INSPECTOR DENIED.AN APPLICATION DATED [3 Certificate of Occupancy [3 Pre-Certificate of Occupancy I? Ch.ange of Use [3 Permit for As-Built Construction Other: Provikion of the Zoning Ordinance Appealed· Indicate Article, Section, Subsection aud paragraph of Zoning Ordinance by numbers· Do not quote the code. Article ~ Section 100- ~O~t,~Subsection Type of A/0peal, An Appeal is ~nade for: ~A variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [3 has i//has 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 CHAR.ACTER of the neighborhood or a detriment fa nearby propertie8, if granted, because: T~e ~sf, ~,~ .t-~- co9,1 o4~ (3) The amou. nt of relief requested Is not substantial because: · ,. (4) The variance wIfiNOT have an adverse effect or Impact on the physical or environmental condiflonsin~enelghborhoodordlsMctbecause: ~ ~ ~ ~,~(( ~e~Y,~ Fr~¢~ {$) Has ~he ~arlance been $el[-¢reated? { ~ Yes, or ( ) No. If no}, 15 the ¢ons~¢~on e~l~ng, aa bollt? { ) 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) 'T~ ',~ n ~rot~¢t~ th~ chm~¢l~r of the n~lchb~rhoo~ ~n~ th~ h~llh, ~t~, ~n~ w~lMm ~t Ih.j~ ¢ommuni~. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (PI.as. consult your attorney.~Other~~oceed to th. slanatur, and notary area below. 'Sigfiaturefl~ Appellant or Authorized Agent (Agent r~t submit Authorization from Owner) Sworn to before me this /,(~otd ry Public) JOYCE A. STEVENS Z~. App NOTARY PUBLIC, STATE OF NEW YORK NO 4875122 QUALIFIED I~ SUFFOLK COUNTY COMMISSION EXPIRES NOVEMBER 3,