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HomeMy WebLinkAbout5760 APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio. Jr. M[ichael A. Simon Southold Tox~ n Hall 53095 Main Road · RO. Box 1179 Southold, NY I1971-0959 Office Location: Town .&nnex/First Floon North Fnrk Bank 54375 Main Rnad l at Youngs Avenue l Southold. NY 11971 http://southoldtox~ n.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ~ ]~..'/0 ~'/~ Tel. (631) 765-1809 · Fax (631) 765-9064 __[}[;t~ 2 25~.5 FINDINGS, DELIBE~TIONS AND DETERMINATIO~OuthOId Town Clerk MEETING OF OCTOBER 27, 2005 ZB File No. 5760 - Anthony R. and Joanne E. Kropp Property Location: 360 Riley Avenue, Mattituck CTM 143-5-8 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 20,757 sq. ft. parcel has 75 feet along the south side of Riley Avenue and is improved with a single-story dwelling and two accessory buildings, as shown on the June 20, 2001 land survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's July 12, 2005 Notice of Disapproval, citing Sections 100-33 and 100-244 in its denial of an application for a building permit to construct: (a) proposed additions and alterations to the existing dwelling at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a location at less than the code-required five (5) feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 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 REQUESTED: The applicants are requesting relief from the code's side yard setback limitations, required to be at a minimum of five (5) from the property lines for the new construction related to two accessory buildings, and minimum 15 ft. required setback for part of the new additions, related to a proposed garage on the west side of the dwelling, as shown on the May 17, 2005 site plan, revised 6-27-05, by Seades, Stromski and Associates. The proposed 12' x 24' garage addition on the west side of the dwelling will be 5'2" from the westerly lot line measured from the northwest corner, and 4'4" measured from the southwest corner. The roof is of a design that will have a slope lower than the common 12-12 pitch. Page 2 - October 27, 2005 ZB File Ref. 5760 - A. and J. CTM 143-5-8 The roof will be refrained on the smaller, preexisting 10'6" x 12'5" (northerly) shed, and the setbacks will not be changed from the present location 2'7" and 2'8" from the westerly lot line. The height to the roof ridge will not exceed 14 feet, and is proposed to be changed from a gambrel roof to a reverse gable with shed dormer, to match the home. The southerly shed is in need of major structural repairs and reconstruction. Some repairs were commenced without town permits, and the work stopped when a stop work order was issued in 2003. The dimensions of the floor area of the southerly shed are 18.2' x 21.45' x 15' x 16.55', located 1'2" and 1 '6" from the westerly lot line and approximately 4 feet from the southerly lot line, all at its closest points. REQUEST FOR ALTERNATE RELIEF: During the October 20, 2005 public hearing, the applicant was requested to consider an alternative regarding the southerly shed slab to cut the building back by three feet off the property line, eliminating the side closer to the property line. The applicant replied "if that's the option given by the Board," then he "certainly would follow that recommendation." The alternative relief will bring the proposed new reconstruction of this shed into more conformity with the code-required 5 ft. minimum setback from the westedy property tine. 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 applicants have a narrow lot of only 75 feet which make a side addition difficult without some type of setback relief. Considering the lot has frontage on the water and is already improved, the preference is to build a garage addition to the home near the entrance driveway, rather than on the opposite waterside of the property, and to reconstruct a shed on the existing (southerly) slab and reconstruct the roof on the northerly shed, utilizing the structure that exists building. The alternative relief will bring the proposed new reconstruction of the southerly shed into more conformity with the code-required 5 ft. minimum setback from the westerly property line, for a 4 ft. minimum setback from the property lines. The waterside of the property is already improved with two accessory buildings, and the applicants wishes to keep the views presently enjoyed in the southerly yard, without new building construction. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variances granted are substantial. The code requires a minimum of 15 feet on the westerly side of the dwelling, and the relief granted for the new garage addition is a 65% reduction from the code. The code also requires a minimum of 5 ft. setback from the property lines for the accessory sheds, and the relief granted is a reduction of 2'5" from this requirement for the northerly shed. The alternative relief for the southerly shed is a reduction of 18% from the code required 5 ft. setback, allowing a minimum setback of 4 feet (4'2") for the southerly shed. The bulk schedule of the code also provides for setback reductions, without variances, when a lot has a narrow width and lot size, as compared to the requirements for conforming-sized lots in this zone district. Page 3 - October 27, 2005 ZB File Ref. 5760 - A. and J. Krol CTM 143-5-8 4. The difficulty has been self-created The applicants acquired a nonconforming narrow, 75 ft. lot on the water approximately 20 years ago, and the plans were designed for new construction without looking into the local zoning requirements. 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 area consists of homes that are closer to the street, and some area fairly narrow lots with houses close to the lot lines. The applicant obtained approvals from the Town Board of Trustees and an application is pending with the NYS Department of Environmental Conservation concerning environmentally sensitive areas under the wetland codes. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefits of an addition to the dwelling and upgraded shed construction, 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 Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to DENY the variance for the requested location of construction/reconstruction of the 18.2 x 21.45 ft. garage (southerly) shed at 1'2" and 1'6" from the westerly side line, and to GRANT a variance at 4'2" at its closest point to the westerly (side) lot line, for the southerly garage/shed (when the size is reduced to 15' x 21.45'), and elevation not to exceed 14 feet to the top of the ridge as shown on the Elevation Diagram A-1 dated 7/29/05, prepared by Searles, Stromski, Associates, and to GRANT the variances for the new single-story garage addition to the dwelling, and for roof reconstruction of the northerly shed in its existing location, as shown on the May 17, 2005 site plan, revised 6-27-05, and Floor Plans A-1 and A-2 last dated 6/27/05, prepared by Searles, Stromski and Associates, SUBJECT TO THE FOLLOWING CONDITIONS: The easterly side yard of 20 feet of the dwelling shall remain open and unobstructed. The accessory buildings shall not be used for dwelling or livable floor area, and shall not be rented. 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), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resoluti~.hwas duly adopted (4-0). Ruth D. Oliva, Chairwoman 12/!/05 Approved for Filing RILEY A VENUE 525' II~ LOT 16 WOOD FRAME RES. F.F. EL. 15 4~ J1 '..F~ ~ONE X (500) ZONE X (lO0) N LOT 14 9 GA RA GE FL. EL. 8.00 ZONE X (lO0) 4 TM 1000 i43-05-08 FM # 186 F/LED NOM 27, I.,°28 FLOOD EL. FROM FIRM MAPtIt J610~CO481G DATED MAY 4. 1998 BM t(JJ5 1950 EL.= 16.40 NGVD GUARAN TEED TO AN [HONY fi'. KROPP JOANNE E. KROPP I RECEIVED i AUG - 1 2005 SURVEY ~ IN MAP OF PROPERTF OF GEO. ~., Wm ~ AND D T RI~EY SI TUA TE MA TTI TUCK, TOWN OF SOUTHOLD SUFFOLK COUN[Y, N. )"~ SURVEYED FOR ANTHONY R. KROPP JOANNE E. KROPP, OOCK SURVEYED 20 JUNE, 2001 SCALE 1"=40' AREA= 20757.051 SF OR O. 4771 ACRES SURVEYED BY LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 2005 PUBLIC HEARING 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, October 20, 2005, at the time noted below (or as soon thereafter as possible): 10:05 a.m. ANTHONY and JOANNE KROPP #5760. Request for Variances under Sections 100-33 and 100-244, based on the Building Inspector's July 12, 2005 amended Notice of Disapproval concerning: (a) proposed additions and alterations at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a location at less than the code-required five (5) feet. Location of Property: 360 Riley Avenue, Mattituck; CTM 143-5-8. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit wdtten statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2005 AMENDED: July 12, 2005 TO: Anthony Kropp 23 Nimitz Street Huntington, NY l 1743-6253 Please take notice that your application dated June 2, 2005 For permit to construct additions and alterations to an existing single family dwelling and reconstruction of an accessory garage and an accessory shed at Location of property 360 Riley Avenue, Mattituck, NY County Tax Map No. 1000 - Section 143 Block~5 Lot~8 Is returned herewith and disapproved on the folloxving grounds: The proposed additions and alterations, on this non-conforming 20,778 square foot parcel in the R- 40 District, is not permitted pursuant to Article XXVI, Section 100-244, which states that non- conforming lots, measuring bem, een 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. Following the proposed additions and alterations, the dwelling will have a single side yard setback of +/- 4.4 feet. In addition~ the proposed reconstruction of the accessory shed and accessor,y garage are not permitted pursuant to Article lII~ Section I00-33~ which states that such structures "shall be set back no less than 5 feet from any lot line." The existing accessory shed is noted as being +/- 1.16 feet from the side yard line and the existing accessory garage is noted as being +/- 2.67 feet from the side yard line. Both structure will remain in that location following reconstruction. This Notice of Disapproval was amended on July 12~ 2005 to address the proposed reconstruction of the existing accessory buildings. ... CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Fee: $ (~, Filed By:~ Date Assigned/Assignment No. Office Notes: ?h? APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ParcelLocation: HouseNo. 360 Street Riley Avenue Hamlet Mattituck . 20757.051 SCTMi000Secflon143BIock 5 Lot(s). 8 Lot~i~e ~q ~:~-~oneDistrlct R-40 ! (WE) APPEAL THE WRITTEN DETERMIN/kTION OF THE BUILDING INSPECTOR OwuerasAppHeant: Anthony R, Kropp Msmng Address: 23 Nimitz Street Huntington, NY 11743 Telephone: (631) 549-9240 Fax: (631) 423-3661 Telephone: 7 ~-o~ ~9 Fax: ~,~ ¢ Please specify who you wish correspondence to be marled to, from the above listed names: ~ Applicant/Owner(s) ~ Authorized Representative ~ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~ Building Permit ~ Certificate of Occupancy D Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Bnilt Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quo~-~th~ode. ' A- 4~.~ ~~.~ Type of AppeaL An Appeal is made for: 2tA Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack ofoceess required by New York Town Law-Section 280-A. ~110terpretalion of the Town Cede, Article Section ~ Reversal or Other A prior appeal [] has ~ has not been made with respect to this property UNDER Appeal No. Year REASONS FOR APPEA~ (additional sheets may be used with applicant's signature): .,41~A V~C£ I~A$ON$: (1) An undesirable change ~ not be produced in the C~U%RACT~R of the neighborhood or a de~rimeat to nearby properties if granted, because: See Attached Description (2) The benefit sought by the appl/eant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Attached Description (3) The amount of relief requested is not substantial because: See Attached Description (4) The variance will NOT have an adverse effect or impact on the physical or env~ronmentel conclitinns in the neighborhood or diatrict because: See Attached Description (5) Has the a~eged d~ficulty been self~reated? ( )Yes, or ( )No. See Attached Description 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. Ckzek ~ box I ) IF A USE V,4~,IANCE IS BEING REQ[YF~TED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE Sworn to before me this ~ Notary Public// /~ ~ f ~OTAR¥ pUBL 01 ST46Z~852 Fi~i '[~RM~ ~pIRES DECEMBER 3i, RD, SECT "-- -c ..'-B"'~"~i'f~',"~~3f .-:",;,;r'7{,-!~'(""""'- ~.T<'_""._""_.~4<.~ '!'"c', '.T':"'?'"":;~'7---'~.~ , 'i / -. . . Office Location: Mailini Address: Town Annex/First Floor, North Fork Bank 54375 MainRoad (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 door- Z/ftf}- d'/t- /l:-5"1'D -KriJff http://southoldtown.northfork.net BOARD OF APPEALS' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 MEMORANDUM TO: FROM: RE: DATE: Building Department .ffid Gerard P. Goehringer, ZBA Chairman Pro Tem .' Letter from Searles, Stromski, AssociateslKrop #5760 May 11, 2006 This will confirm that the building dimension as described by May 8, 2006 correspondence with enclosures from Robert Stromski, A.I.A. is acceptable. The three foot difference in size is not within the setback area that is restricted by the Code or the ZBA decision. The decision under Appeal No. 5760 referred to the size 15.2 by 21.45 that was applied for when the application was being processed at that time. For the above reason, the 18.2 ft. by 21.45 ft. size is acceptable, provided the minimum 4'8" setback from the side property line at both ends of the new construction is met. A new application is not necessary since there is no increase in the degree of nonconformity or creation of new nonconformity. cc: Robert Stromski, A.I.A. Searles, Stromski, Associates 131 Route 25A, Suite 3 Rocky Point, NY 11779 Fax 744-6654 Tel 744-2852 J ....".,-""~"".,.. , "'''..l~' ";;~';r~;::m"(-,!,-"' ."",:c:" ._~." "'",""","'7""~--'- '.""r-",~ 0',,1'"1"" .'1lIJ.~ _'F"--"~'-'.,-"r')\l'lI!W" OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fori< Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htto://southoldtown.nortl'lfork.net Email: Linda.Kowalski@Town.Southold.nv.us Javne.Martin@Town.Southold.nv.us . . -, (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7 tfLj-1o Ie sf MEMO TO: ~ ~ A-.:lA. ~ /.J-, oWo t.p ~ - ~ ~ 1~Jjoil()r" DATE: RE: 7'J-" "Q< ~ ~ ~ k--r/l~<:-"(-t-~~) ~ ~1J~~~ ~ ~~htt:p~ ~ {(J~ ~). L!~ ~.r{..:lJ ~"'"'~ -:::r-:r----" ...-~..,,- '~-'i"7"-J:,-'~c~,y"r:-:-"-",- P~"":;~1"_:,'" -- '"'i'!ii:~0:-7T'"f~f~'l!'~::\:' "0Bi4 M8~ 09 OS 08:548 SS.,..chitect5 631741154 p.l JJA .:IT ... SEARLES, STROMSKI, ASSOCIATES i1 ~~ ARCHITECTS . PLANNERS, P.C. FACSIMILE TRANSMITTAL SHEET TO: FROM: MRS. LINDA KOWALSKI COMPANY: TOWN OF SOUTHOLD ROBERT STROMSKI AlA DATE: MAY 8, 2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (631) 76S-9064 PHONE NUMBER: SIX ~, j (631)765-1809 REo KROPP RESIDENCE ZB FILE 5760 YOUR JOB NUMBER: 034+ o Urgent o For Rcvil..'W 0 Please Comment 0 Plealle Reply o Plmsc Rel.:ycle REMARKS: Mrs. Kowtlski, During the variance procelll the Soard of Appeals requested that the southerly shed be reduced by approximately three Feet to a new dimension of 1 S' x 21.+5' . Since that decision my dlent has asked that we add three feet to the easterly side of the shed, which is shown in the attached sketch. The building deparbnent is questioning that the variance stipulated a specific size for the shed. I explained that the three foot extension is not encroaching on any setback and that no lot coverage iasues existed. The building department would like a darlRcation from your office that the proposed extension does not go against the Intention of the granted variance. Pleale ca.ll me with any questions. Thanks, Robert Stromski AlA 131 ROllTE 2\A. SlIlTE J ROCKY POIN-I: NEWYORK 11778 PIIO:-:E (631) 744-28\2 FAX (Cd I ) 744-(,6\+ ~ '" Ii ::J: II U o CD SURVEYED B' 5l STANLEY J. I 0 P.O. BOX 2C!4 III NEW SUFFLOIC ;;, N.Y.5. Lie NC ~ RlRl'IlJI (J1 _TIlG FIWlE R8lOVED 16 PER lllNIl& IllWlD COII1EIIT5 -e' RECaI5I1lIltT _TIlG HI) HI3 fOOT EASTERLY EXml!lION [LI [\.7 (II . , o :T ~. .. II o .. .. flRjMDE CtlNTllIJDUS LIME Of STAllED IIAY IIAl.S TO CtlNTAUI 5EDII'IENT IUl Off DUIlIIlG TIE ClII5T1l1JCTICN PllA5E Of TIlE PIlOJECT ~ !i ~ Zl ~ ::; ;;; ... * Ii' CIl i ... .. 1 ~ ~> fj ~ :,- '11 ~ . t!f- 01 ~5ITEPLAN 51'-1 -1'.20' i~< ~l . j, "...'...,........."._,.---....T..~ ''''~".;:''I!l1':~i,..-:-.''"C-,;1.:T-,'.,,-..-._~',-,..''''-~r'~-~.,~c:'rf'"'~.;~~.~"":l'!'F"~.A':!!~!~j;"~~~'"f~~~"+~7..Z"'r-"T,.,';f"i;" Ma~ 09 06 OB:55a ss.rChit.ect.5 63174_54 p.2 . APPEALS BOARD MEMBERS Rurh D. 0Ii... Chairwoman Oer.rd P. Goehrin@Cr Vincent Orl.ndo James Dinizio.lr. Michad A. Sirmm . Soutbold Tow" Hnn 53095 Main Road" P.O. Bo. 1179 Southold. NY 11971-0959 Office: Lne:31ion: Town Anne./First Floor. Nonh I'<>rk Bank 54375 Main Road lat Youngs A,'en"". Sourhold. NY 11971 RECEIVED BOARD OF APPEALS of' ''I: 10 11.11 TOWN OF SOurHOLD .c r I' OEe JdfI." r. TeL (631) 765-1809" Fa~ (631) 765-9064 rI/) c..t~-;l . -,:~.l.. FINDINGS, DELIBERATIONS AND DETERMINATIO~oathold Town Cleric MEETING OF OCTOBER 27. 2005 hnp:II!1outhokllo\\'n.nonhfork..net ZB File No. 5760 - Anthony R and Joanne E. Kropp Property locatlon: 360 Riley Avenue, Mattituck CTM 143-5-8 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this applestion and determines that this review faUs 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 20,757 sq. ft. parcel has 75 feet along the south side 01 Riley Avenue and is Improved with a single-story dwelling and two accessory buildings, es shown on the June 20, 2001 land survey prepared by Stanley J. Isaksen. Jr. BASIS OF APPLICATION: Building Department's July 12, 2005 Notice of Disapproval, citing Sections 100-33 and 1 ()()'244 in Its denial of an application for a bUilding pennlt 10 construct: (a) proposed additlons and alterations to the existing dweHing at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction 01 a new accessory garage/shed in a location at less than the code-requlred five (5) feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 2005 at which time written and 0llI1 eVidence were presented. Based upon all testimony, documentation, personal inspection of the property. and other evidence, the Zoning Board finds the following facts 10 be true and relevant: AREA VARIANCE REQUESTED: The applicants are requesting relief from the code's side yard setback Imitations, required 10 be at a minimum of five (5) from the property Hnes for the new constnJction related to two acesssory buildings. and minimum 15 ft. required setback for part of the new additions, releled 10 a proposed gal'llge on the west side of the dwening. as shown on the May 17.2005 site plan, reVised 6-27-05, by Searles. Stromsld and Associates. The proposed 12' ~ 24' garage addition on the west side of the dwelling will be 5'2" from the westerly lot line ITI8lIsured from the northwest corner, and 4'4" measured from the southwest comer. The roof Is of a design that will have a slope lower than the common 12-12 pitcl1. "",,,,,,,,,'i,,"...,,,,,_,~"~,,;,,,~,,,,,;,,,,,,~~""":"7'-~',,,'''''-_'''-''7'r~.-" - "mv'::~'""''1','~:';1'''':>~-T~!!'''F;-'''8''''';:~_',~:~.,~" ,yr'''y.~'.i'~)'~'\ll!!1!~I~lJ''!!r.'''~;~':;,!\\:': ;ic'lr:,-"--".T~,,:,_ Ha~ 09 06 08:558 , ss.rChit.ect.s 63174_54 p.3 . Page 2 - October 27, 2005 . Z8 File Ref. 5760 - A. and J. Kropp CTM 143-6-8 . The roof will be refremed on the smaKer, preexisting 10'6" x 12'5" (northerly) shed, and the setbacks will not be changed from Itle present location Z7" and Z8" from the westerly lot line, The heJghtto the roof ridge wiD not exceed 14 feet, and is proposed to be changed from a gambrel roof 10 a reverse gable with shed donner, to match the home. The southerly shed is In need of mlllor structurel repairs and reconslnJclion. Some repairs were commenced without town permits, and the work stopped when a stop work order was issued In 2003. The dimensions of the floor area of the southerly shed are 18.2' x 21.45' x 15' x 16.55', located 1'2" and 1'6" from the westerly lot line and approximately 4 feet from the southerly Iolline, all at its closest points. REQUEST FOR ALTERNATE RELIEF: During the October 20,2005 public hearing, the applicant was requested 10 consider an alternative regarding the southerly shed slab to cut the buHdlng beck by three feet off the property line, eliminating the side closer 10 the propertY Une. The applicant replied "if thai's the option given by the Board," then he "certaInly would follow Ihat recommendation." The alternative relief will bring the proposed new reconstruction of this shed Into more confonnlly with the code-required 5 ft minimum selllack from the westerly propertY line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submilled 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 detr\mentlo nearby properties. The applicants have a narrow lot of only 75 feet which make a side addition dilllcull w~hout some type of setback relief. Consldering the lot has frontage on the water and Is alreadY Improved. the preference is to buIld a garage addition to the home near the entrance driveway, rattler than on the opposite waterside of the properly, and 10 reconstruct a shed on the existing (southerly) slab and reconstruct the roof on the northerly shed, utIflzing the structure that exists building. The altemative reUef will bring the proposed new reconstruction of the southerly shed into more confonnlly with the code-required 5 fl. minimum setback from the westerly property line, for a 4 fl. minimum setback from the property lines. The walerside of the property Is already Improved with two accessory buildings, and the appHcanls wishes 10 keep the views presenUy enjoyed in the southerly yard. without new building construction. 2. The beneflt sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variances granted are subslantial. The code requires a minimum ci 15 feet on the westerly side of the dwelling, and the relief granted for the new garage addition Is a 65% reduction from Itle code. The code also requires a minimum of 5 fl. setback from the property lines for the accessory sheds, and the relief grented Is a reduction of 2'5" from this requirement for the northerly shed. The alternative relief for the soulherly shed is a reduction of 18% from the code required 5 ft. setback. allowing a minimum setback of 4 feet (4'2") for the southerly shed. The bulk schedule of the code also provides for setback reductions, without variances, when a lot has a narrow width and lot sIze, as compared 10 the requirements for confotming-sized lots In this zone district. ~' . ,",',""'i1",:, '?.. "~~li'f1f':;f -, '~- M.~ 09 06 08:55. ss.rChitects 6317_54 p.4 . Page 3 - OcIober 27, 2005 . :zB File Ref. 5760 - A. and J. Kropp CTM 143-5-8 . 4. The dlfllculty has been self-created The appllcants acquired a ncnconforming nalTOW, 75 II. lot on the water approximately 20 years ago, and the plans were designed for naw constructJon without looking into the local zoning requirements. 5. No evidence has been submitted to suggest that a varlance In this resldential community will hava an adverse impact on the physical or environmental conditions In the neighborhood. The area consists of homes that are closer to the street, and some area falr1y nalTOW lots with hou5es close to the lot fines. The applicant obtained approvals from tha Town Board of Trustees and an application Is pending with the NYS Department of Environmental Conservation concerning environmentally sansllive areas under the wetland codes. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefits of an addition to the dwelting and upgraded shed construction. while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In conslderlng all of the above factors and applying the balancing test under New YOlk Town Law 267-8, motion was offered by Chairwoman Oliva, seconded by Member Dinlzlo, and dUly camed, to DENY the variance for the requested location of constnJctionlreconstruction of the 18.2 x 21.45 ft. garage (southerly) shed at 1'2" and 1'6" from the WBstarly side line, and to GRANT a variance at 4'2" atlls closest point to the westerly (side) lot fine, for the southerly garagefshed (when the size is reduced to 15' x 21.45'), and elevation not to exceed 14 feel to the top of the ridge as shown on the Elevation Dlagrem A-1 dated 7129/05, prepared by Searles, Stromskf, Associates, and III GRANT the variances for the new single-story garage addition to the dwaUing, and for roof reconstruction of the northerly shed in its existing location. as shown on the May 17, 2005 site plan, revised 6-27-05, and Floor Plans A-1 and A-2 last daled 6127105, prepared by Searles. Slromskl and Associates, SUBJECT TO THE FOLLOWING CONDITIONS: The easterly side yard of 20 feat of the dwelling shall remaln open and unobstructed. The accessory buildings shall not be used for dwelling or livable floor area, and shall not be rented. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other features as are llXpl1l&sly addressed In this action. Vole of the Board: Ayas: Members Oliva (Chairwoman), Goehringer, Dlnlzio, and Simon. (Member Orlando was absent.) This Resoluli?fss duly adopted (4-0). \.i...-d., &. C). ~ Ruth D. Oliva, Chairwoman 12/1/05 Approved for Filing .iff 'lr.y' ."":"",".', ,- "-0"~lfm?!':i:",~;:\~-";'".'~~-r/;"'''~'~ :"'''T,,!'.;'T'''F;; ":~'7~:~~il'.i;TIf:-~'>:": .?",,,r"Jii"}f';"" -'::"~~~"."... rchitects . Hall 09 08 OB: 55a . A VENUE . RILEY tit.. .J2S" ~ " .. ~ ~ Lor 16 7 "i ll\ '" .'0 Lor u . ---~---.....",., ~~==:'~r IIIIE~_,--: UlOIII;....._'....__ .......-,.,.-_NIDI. _....,.,~. ............___.~r~ MIWI_...__........... 1IFIl'.~~,..... CIllI'ID......".,....,...... ...~~_IIlII&...1 NfIIf._............ .... RECEIVED AUG - I 2005 QI IO(JtJ-IQ-lI6-t/II ::~:v. 27, lUll I SUR"-' It Lor'5 IltlNNll;lIOu.nQIII"":::...... .. 'WJ OF I'IKX'ETfrr or eta N., IlIn r. ANOD TRlLCY SIlVA/[ S(II'lof'l'EZ) ZO .AINE. 2001 5CAI..E ,~_<<r AREA_ 3JlJ157.oJt SF CJtI 0.4111 ACRES' flOOD EL "'OM FlllllIIMJI.JIJ,OJCCH/lIG OotID MAY 4. ,.- BIIIl'.11S '''0 IJ.._ 'iJ.4tJ NCIC UA TT1TUCK, TOWN OF SOUTHOLO SWFOI.K COON TY. N. Y. SUHW:YCD BY I , CUAlMNTEcf) TO ANfH(JNYR. ttR()pp JfJNIIHC Eo ttROPP SURVErw FOR ANTHONY R. KRQPP JOANNE C. KROPP. 01R,021 ~,~,~F-~ r~:~"'F"- ,-,,,,,1l?~~'r!Jc p.5 p'~ c "'.~'" _ .>'''''''''~''''''''.''.-'a:.'\ ':"l.'''''''''',~"",,,,,,,~, .-~;:.''''~~'''~' , "'. .... """""'",,.,,",,.'.' ,>-'.-"-;''7'.,,,~.~.'~..,v~,,,,\..,,,,~~,o:,-"~.~;,-.-:';l~:"'_"'''''~'_"",_,,,-.,,,-,,,,,,.,., _ 'f.'W."~ .~~~[ . . Office Location: M:lilinl! Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS. TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMORANDUM TO: FROM: RE: DATE: Building Department Gerard P. Goehringer, ZBA Chairman Pro Tern Letter from Searles, Stromski, Associates/Kropp ZBA #5760 May II, 2006 This will confirm that the building dimension as described by May 8, 2006 correspondence with enclosures from Robert Stromski, A.I.A. is acceptable. The three foot difference in size is not within the setback area that is restricted by the Code or the ZBA decision. The decision under Appeal No. 5760 referred to the size 15.2 by 21.45 that was applied for when the application was being processed at that time. For the above reason, the 18.2 ft. by 21.45 ft. size is acceptable, provided the minimum 4'8" setback from the side property line at both ends of the new construction is met. A new application is not necessary since there is no increase in the degree of nonconformity or creation of new nonconformity. cc: Robert Stromski, A.I.A. Searles, Stromski, Associates 131 Route 25A, Suite 3 Rocky Point, NY 11779 Fax 744-6654 Tel 744-2852