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Home My WebLink About5667 14- $o APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon 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 http://southoldtown.northfork.net BOARD OF APPEALS R EIVED TOWN OF SOUTHOLO Tel. (631) 765-1809 ° Fax (631) 765-9064 MAY 2 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 Southold Town Cleric ZB Ref. 5667 - RICHARD SCHETMAN Property Location: 38910 Main Road, Orient; CTM 15-8-30 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 67,654 sq. ft. parcel has 215.10 feet along the south side of the Main Road and 301.72 feet along the easterly side of a private road. The lot is improved with a two-story, single-family frame dwelling and accessory structures, all as shown on the December 12, 2002 survey, updated December 17, 2004 by Joseph A. Ingegno, Land Surveyor. BASIS OF APPLICATION: Building Department's November 23, 2004 Notice of Disapproval, concerning new construction, a part of which is proposed as an unheated for an enclosed porch, and part that will add a new heated bedroom area. The reason stated for disapproval by the Building Inspector is that the porch addition creates a non-conforming building, which is either an accessory building exceeding the 18 ft. height limitation and located in a nonconforming front yard, a non- permitted yard under Section 100-33, or it is designed as a second dwelling unit, a non-permitted use under Section 100-131A. The new porch construction is unheated and separates the proposed new (heated) bedroom area from the remaining heated areas of the existing dwelling. 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 proposes a new garage, attached to this single-family dwelling only by an enclosed, unheated porch area, rather than as heated space, and then adding bedroom floor space, as shown on the December 13, 2004 preliminary first floor and second floor plan A3-R (date stamped received by ZBA January 10, 2005), the December 13, 2004 A1-R site plan, and the December 13, 2004 diagram A2-R of exterior elevations. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa.~e 2.- March 10, 2005 ZB Ref. 5667 - Richard Schetman CTM ID: '15-8-30 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants propose a new two-story addition for use as a two-car garage with storage on ground floor, and bedroom space on the second floor, linked by an unheated screened porch. The new construction will be 39.3 feet from the front lot adjacent to the private road (on the west side), at its closest point. The dimensions of the two-story construction is proposed at 43'3" by 21'3", attached by a 5.7' by 19.2' single-story screened porch. The alternative granted requires construction of an L-shaped area with radiant heated space, at least 5.7' x 8' in size, and limiting the height of all construction to a maximum of 20 feet from the grade shown on the 12/17/04 survey (prepared by J. Ingegno) for the building. 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 property has frontage along two roads, defined under the code to be front yards, and the code requires a minimum front yard setback of 50 feet. 3. The variance granted herein is not substantial. The relief is minimal and provides for a height limitation of 20.5 feet from grade, instead of the code limitation for an accessory structure of 18 feet from grade. 4. The difficulty was self-created and is related to applicant's needs to design an addition in the front yard. 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 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 Orlando, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the December 13, 2004 preliminary first floor and second floor plan A3-R (date stamped received by ZBA January 10, 2005), the December 13, 2004 A1-R site plan, and the December 13, 2004 diagram A2-R of exterior elevations, for use only as a single-family dwelling (and not as a second dwelling unit), with the following CONDITIONS, and 1. That the plans be revised to show an L-shaped area with radiant heated space, at least 5.7' x 8' in size, and limiting the height of all construction to a maximum of 20.5 feet from the grade shown on the 12/17/04 survey (prepared by J. Ingegno) for the building; and 2. That a second kitchen or second dwelling unit is not permitted; 3. That prior to issuance of any certificate of occupancy, an inspection by the Pa~e 3.- March 10, 2005 ZB Ref. 5667 - Richard Schetman CTM ID: 15-8-30 Zoning Board of Appeals shall be made with a written record confirming that the above conditions have been followed. 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, Goehringer, Dinizio, and Simon. This Resolution was duly adopted ~-~ ~. ~:~~ Ruth D. Oliva, Chairwoman~ /,4'~/05 Approved for Filing MAIN ROAD (N.Y.S. RTE. 25) i 21,.4. A2/2 EXISTING FENCE TO BE MODIFIED EXISTING ONE-STORY UNCONDITIONED SCREEN PORCH (BREEZEWAY) EXISTING q'WO-STORY HOUSE EXISTING EXTERIOR DECK EXISTING '[M/O-STORY HOUSE 88'-0" NEW EXTENED ONE-STORY ~ UNCONDITIONED SCREEN PORCF (BREEZEWAY) EXISTING AND UNK TO POOL NEW ADDmON NEW 'm/O-STORY ~ ADDmON W/ 2 CAR GARAGE AND STORAGE ON GROUND FLOOR AND GUEST SUITE ON SECOND FLOOR NEW GRAVEL DRIVEWAY EXISTING SHED TO ' BE DEMOUSHED PROPER?~ LINE [] EXISTING STRUCTURE 55 Broadwa 6th floc New Yor NY 1001 21 92 939 21 92 939 helfandarc cor SCHETMAF RESIDENCE I:lichard Schetman & Coco Kirr 160 Henry Street, #9,t Brooklyn, NY 1020 1"=4d L~RIOF k A / \ A ! Y ,, ! Y Z Z 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: 10:20 AM RICHARD SCHETMAN #5667. Request for Variances under Sections 100-33 and 100-131A, based on the Building Department's November 23, 2004 Notice of Disapproval, concerning new construction that will contain additional living space without being attached with the cede-required heated space, constituting an accessory and a second dwelling, and exceeding the 18 ft. height limitation as an accessory building in a front yard. Location: 38910 Main Road, Orient; CTM 15-8-30. 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 de 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 TO: Richard Schetman 160 Henry St. Apt. 9a Brooklyn, NY 11201 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 23, 2004 Please take notice that your application dated November 17, 2004 For permit to construct an accessory building as applied for at Location of property: 38910 Main Road, Orient NY County Tax Map No. 1000 - Section 1._~5 Block8 Lot 3~0 Is returned herewith and disapproved on the following grounds: The proposed breezeway, does not meet the town's definition of a breezeway, pursuant to Article 1, Section 100-13, "BREEZEWAY - Open construction with a roof projecting from the outside wall o fa building, not to exceed dimensions of 8 feet by 10 feet, connecting the main building and a garage. Other types of attachments which extend more than 10 feet, or exceed 80 square feet in area, shall not attach a main building to a separate building unless such attachment meets the requirements of livable floor area." The proposed breezeway (porch), creates a non-conforming accessory garage, which is not permitted pursuant to Article III Section 100-33, which states; "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The existing accessory garage is noted as being in the front yard. Furthermore the accessory in this R40 Zone, is not permitted pursuant to Article III, Section 100-13lA which states: Permitted Uses "One Family detached dwellings, not to exceed one per lot". The provosed preliminary structure plan indicates a second dwelling unit. Finally, the vrovosed accessory is not permitted pursuant to Article III Section 100-33 which states: "Such buildings shall not exceed 18 feet in height." The proposed mean elevation for this accessory structure is 20'6". Total lot coveraee, following construction, will be less than 20 percent. Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP/g~4LS Office Notes: For Office Use Only Date Assigned/A~s~gnment No. Parcel Location: House No. 389)0 S~ Road, Orient Iq'/ Hamlet Orient R-40 SCTM 1000 Section 15 Block 8 Lot(s)30 Lot Size Zone District I (WE) APPEAL THE WRITFEN DETERMINATION OF THE BUILDING INSPECTOR DATED: November 23. 2004 Al~plicant/Owner(s): Richard Schetman Mailing Address: 160 Henry St. Apt. 9a, Brooklyn, Telephone: call Pat: 765-4330 [/f/~qk' 11201 765-4643 NOTE: If applicant Is not the ~vener, state if applicant is owner's attorney, agent, architect, builder, conlract vendee, etc. Authorized Representative: Patricia C. Moore Address: 51020 Main Road, Southold NY 11971 Telephone:_ 765-4330 ~'~K ', 765-4643 Please specify who you wish correspondence ti) be mailed to, from the above listed nam.es: [] Applicant/Owner(s) ~ Authorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: I~ Building Permit 13 Certificate of Occupancy [3 Pre-Certificate of Occupancy [] 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/il~l~ /// Section 100- ~ 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 [Xhas not been made with respect to this property UNDER Appeal No. Year Reason for Appeal Continued Zoning Board of Appeals re: Richard Schetman Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Towel Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The Existing House was constructed in Orient on or about 1816 and known as the ~Petty House". The owners need additional living space but they wish to preserve the original structure; last year the owners added a screened in porch along the rear of the house but they require additional living space. The building permit application is to add a guest room over the new garage. The best design, without compromising the original structure as well as retaining the newly constructed screened in porch is to continue the structure on the south side of the porch. The addition will be setback from the road 39.3 feet. The right-of-way is known as ~Little Bay Road" and is a private community established by the predecessors in title to the property, the Brauner farm family in Orient. The homes, including the Petty House, was moved to the site by the farmer. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. An addition to the existing house must be along the South side of the property because of other structures: there is a pool, sanitary system, and the new screened in porch and deck in the rear yard. The porch provides a courtyard effect between the living spaces of the house while preserving the original historic structure. The existing porch will have a new one-story facade along Little Bay Road to match the architectural style of the house. The connection does not meet the definition of a "breezeway" because of the size (more than 10 feet) and is a screened in porch. The proposed addition is designed to connect the principal residence (habitable living space) to the guest suite by an unheated porch. There is no plan now or in the future to convert the second story bedrooms into a separate dwelling. There will be no kitchen added to the living space- therefore it is not a second dwelling. The family needs a guest room and a garage. The design will be in keeping with the architectural style of the Orient community. The house will be built with natural shingles and matching the architectural style of the 1816 house. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The zoning code requires a ~front yard" setback of 50 feet- a large frame shed at less than 10 feet from the property line and will be removed. The new structure will be located 39.3 feet from the right-of-way. The existing conditions will be improved and made more conforming by removing the shed. The right-of-way is a private road with five houses along this road. The applicant's home is the first of a group of homes located on the right-of-way forming the private cormmunity. 4. The variance will have no adverse effect or impact on the physical or envirornuental conditions in the neighborhood or district. The addition is intended to preserve the character of the neighborhood and historical architecture of the house. 5. The alleged difficulty was not self-created. The location of the addition is limited by other existing structures. The pool, deck, sanitary and screened in porch restrict the location of an addition. The addition is in keeping with traditional New England architectural design. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The addition is setback from the road while leaving the rear of the existing house and screened in porch open for light and air. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) )ss County of Suffolk ) Sworn to this 10~n day January, 200~ MARGARET C. RUTI~KI Notary Publio, State of New Yod( No. 4~82528 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon .. ~ 1 Lesli Kanes Weisman ~ J.DO<' f} J)~ "Sro(P7 7 ~(,/o (p (fiJ . . Mailin~ Address: 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 In accordance with ZBA Condition #2, inspection was done by Chairwoman Ruth Oliva related to ZBAjurisdiction on #5667 (Schetman): Radiant heat in 5x7 floor does exist (ZBA condition # I). There is no kitchen. Bathroom is shown on 12-13-04 plan (Ref. ZBA approval); no second dwelling unit was created (ZBA condition #2). Dated: July 26,2006. ~.~ (:). ~~ Ruth D. Oliva, ZBA Chairwoman :0 ~i 2. BroaawZlY 6th ~Ii"li' NewY(;I)o; NY 10012 J, "'<","""11" _ m. ,)ill!!1>'1" 1': 'll'~j;i., "l'~if.i,r;:, l'\, k/, .lli (i .~Ji... {,,'., t;,.: 212 925 9:190 212 nr; 9391 WNW r,eitJ.:loarch elm] " ~(...--: { /(!P .,;J-f) "i,\\. ~ r.Jf ) . JUL 3 2006 29 June 2006 Zoning Board of Appeals Town of Southold 53095 Main Road, P.O. Box 1179 SouttlOld, NY 11971-0959 RE: Z8 Ref. 5667 - Richard Schetman Property Location: 38910 Main Road, Orient; eTM 15-8-30 Dear Board Members, We would like to inform you about the completion of the project at the address above and to confirm that all conditions have been followed as per the Determination Notice, dated 10 March 2005. We would like to schedule an inspection with the Zoning Board of Appeals in order to proceed with our application for a new Certificate of Occupancy. I would appreciate if you can let us know when a date is set for the inspection. Please contacl us if you have any further questions. Sincerely, ~ Tom Chang AlA, Project Architect