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Home My WebLink About5664 APPEALS 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 SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 ZB Ref. 5664 - D. RYAN and S. KRAMER Property Location: 165 Bungalow Lane, Mattituck; CTM 123-3-4.1 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 // APR 1 5 2005 Southold 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 applicants' 31,031 sq. fl. parcel has 125 feet along Bungalow Lane in Mattituck, and is improved with a single-family dwelling and accessory garage structure, as shown on the November 11, 2003 survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's November 23, 2004 Notice of Disapproval, amended December 29, 2004, citing Sections 100-33 and 100-242A, in its denial of a building permit to construct an addition to the existing accessory garage building, with a nonconforming location less than 40 feet from the front property line and less than five (5) feet from the side property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 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 applicant wishes to construct a 10.3 fl. by 22.5 fl. by 25 ft. by 8.5 ft. addition at the south and east sides of the existing accessory one-car garage, for additional vehicle and storage purposes. The addition will extend along two sides of the garage, at three (3) feet from the northerly side property line and 20.1 feet from the front property line, as shown on the survey amended December 20, 2004, by Stanley Isaksen, Jr. 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 applicants propose to construct an addition for two-cars, as a single-story garage located in the front yard. The building will not be any closer age 2 - March 10, 2005 ZB Ref. 5664 - D. Ryan and S. Kra--mer CTM ID: 123-3-4.1 than 3 feet from the northeast corner, and no closer than 20 feet to the front line along Bungalow Lane, as shown on the survey map prepared December 20, 2004 by Stanley Isaksen, Jr. 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 accessory garage has existed in a nonconforming location in the front yard at 3.1 feet from the northerly (side) property line and 17.3 feet from the westerly (front) property line. No expansion would be possible unless some relief were requested. 3. The variance granted is substantial and results in a 50% reduction from the code required 40 ft. front yard and 40% reduction from the 5 ft. minimum code required side yard. 4. The difficulty has been self-created and is related to the need for a garage, designed as an expansion to the existing accessory garage in a nonconforming location. 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 a garage addition to an accessory building, 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 Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the plan prepared by Architecnologies revised 12-13-04, and survey amended December 20, 2004, by Stanley Isaksen, Jr. 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, Goehringerl Dinizio, and Simon. This Resolution was duly adopted (5-~./,,(~. Ruth D. Oliva, Chairwoman 4/13/05 Approved for Filing · :l d // II I ? // / \ / LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 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 3, 2005: 10:00 AM DAWN RYAN and STEVEN KRAMER #5664. Request for Variances under Sections 100-33, 100-242A, and 100-244B, based on the Building Department's November 23, 2004 Notice of Disapproval, amended December 29, 2004, concerning proposed addition with alterations to an existing accessory garage which will increase the degree of nonconformance, with setbacks at less than five (5) feet from the side lot line and less than 40 feet from the front lot line, at 165 Bungalow Lane, Mattituck; (:;TM 123- 3-4.1. 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: February 1, 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 DATE:November 23, 2004 Amended: December 29, 2004 TO: Agnieszka Drozdowska for Steve Kramer 165 Bungalow Ave. Mattituck, NY 11952 Please take notice that your application dated November 18, 2004 For permit for alterations & addition to an existing accessory earage at Location of property: 165 Bungalow Lane, Mattituck County Tax Map No. 1000 - Section 123 Block 3 Lot 4.1 Is returned herewith and disapproved on the following grounds: The proposed construction on a waterfront prol~erty measurin~ al~¢roximatelv 31,031 scl. fi. in an R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states: "Nothine in this article shall be deemed to prevent the remodeling, reconstruction or entareement of a non-conforming buildin~ containine a conforming use, provided that such action does not create any new non-conformance or increase the deeree of non-conformance with re~ard to the regulations pertainin~ to such buildings." The survey for this garage construction indicates an existing front yard setback of 17.3 & a side yard setback of 3.1 '. Pursuant to the ZBA's interpretation in Walz (#5309), such construction constitutes an increase in the de~ree of non-conformance. Therefore, the garage alteration/addition is not permitted pursuant to Article III Section 100-33 which states that such lots require an accessory front yard setback of 40' and a side yard setback of 5'. The total lot coveraee is less than 20 vercent. Amended for clarification. '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 O~/ ' O.~J rorOffceUseOnty ~-tO~, ~t Fee: $ ~ ~ Filed By: Date Assigned/Assignment No. ParcelLocation: HouseNo. [6~ Street :Igpl)DGI~tx2X~ t_6k3-¢ Hamlet SCTM 1000 Section I (WE) ~PPEAL THE WRITTEN DETERMINAT][ON pF THE BUILDI.N~GI INSPEC,.TOR Applicant/Owner(s): '-~-LO k3 ~_D . Mailing Address: ~ Telephone: 6'~{ ~ NOTE: If applicant is not the ~wner, state If appllcaltt is owner s attorney, agent, architect, builder, contract yendee~ Authorized Representative: ~/~I~:;"'~.-F~ T)P.,o~.l~-"';~gO~g4q. / Address:/%0~ ~/I~ pz3~D. ~.0.~ ~: ~T~gl ~,(~. //~. Please speci~ ~ho you wish correspondence tO be mailed to, from the above listed names: D Applican~Owner(s) ~ Autho~zed Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~cUfiding Permit. ertittcate of Occupancy [] Pre-Certificate of Occupancy [1 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 thc code. Article Section I00- Subsection Type of Appeal. An Appeal is made for: l~A Variance to thc Zoning Code or Zoning Map, [] A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of thc Town Code, Article Section [3 Reversal or Other A prior appeal D has D 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 CHARACTER of the neighborhood or a deMmenf fo nearby propmties, If granted, because: (2) The beneRt sought by ~e applicant CANNOT be achieved by some me~od feasible for ~e applicant to pursue, o~er ~an an area valance, because: (3) Theamounfofrallefrequesfedisnotsubsfanflalbecause:~ ~b ~ (4) The vaflance will NOT have an a~erse effe~ct or Impact on the physical or envlronmen~ conditions in ~e neighborhood or dls~cf beca~e:~ ~ ~ ~ ~ ~ ~ ~ (~ Hal the valance ~een ~eff-~rea~ed? '( } Ye~, or { '-~ No. It hal is the con~B~ e~l~ng, a~ buiti? ( ~' Yes, or { ) No. (6) Additional information about the surrounding topography and building areas that relate the dtiflculty 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 at the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. please r~roceed to the slanature and notary area bel.ow, Swam to before me this \.fr ay at 200.9 (Nofary"l~bllc) sig~nature of Appellant or Authorized Agent (Agent must submit A~thorlzation ~rom Owner) u E E