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HomeMy WebLinkAbout5780 APPEALS BOARD MEMBERS Ruth D. Olix a. Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio. Jn M'ichael A. Simon Southold Tox~ n Hall 53095 Main Road · PO. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road lat Youngs Avenuel Southold. NY 11971 http://sou tholdtown.north fork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATI?3~'Y.~.,~a,,~q~.~,,~ MEET,NG OF OCTOBER 27, 2005 - ZB File No. 5780 - Dr. and Mrs. Richard Kubiak Property Location: 185Willow Point Drive, Southold CTM 56~5-25 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' 17,918 sq. ft. parcel has 100 feet along the north side of Willow Point Road in Southold, and is improved with a two-story frame house with attached garage, and accessory shed, as shown on the March 29, 2004 survey, amended Octo- ber 3, 2005 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's August 12, 2005 Notice of Disapproval, citing ZBA Condition rendered under Appeal No. 3696 for disapproving the application for a building permit. The ZBA stated that the deck construction shall remain open and unroofed (Matter of Richard Nass as requested), and this is a request for a new 16' x 18' one-story addition within the footprint of that deck. The appeal filed in January 1988 under File No. 3696 involved a request for a setback variance, under Section 100-119.2 (renumbered to 100-239.4) concerning open deck construction at less than 75 feet from the wood bulkhead. 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 RELIEF REQUESTED: The applicants s wish to construct a 14.9' x 17.4' one- story addition, replacing a section of the open, unroofed deck area, as shown on the October 3, 2005 amended survey prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - October 27, 2005 ZB File Ref. 5780 - R. and S. CTM 56-5-25 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 s propose a single-story addition in place of a 14.9' x 17.4' deck area, restricted as applied for 1/11/1988 as "open to the sky." The remaining deck area will continue to remain open to the sky and is not proposed to be altered or enlarged. The new addition will be of the same style as the applicants's home, and will be located at the same setback as the former deck, without further extending into a side yard of the home. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. Although the proposed one-story addition is located at less than 75 feet from the wood bulkhead, the new construction will square off the northeast corner of the home and will maintain the same lines of the dwelling that exists without further extending into the yard adjacent to the canal. 3. The variance granted herein is not substantial. 4. The difficulty was self-created in respect to the appeal filed in January 1988 for a variance under Section 100-239.4B (previously 100-119.2) under File No. 3696 concerning construction at less than 75 feet from the wood bulkhead. 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. In addition, the Board of Trustees Permit No. 6135 was obtained by the applicants on or about May 18, 2005 concerning this new construction. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants s to enjoy the benefit of an addition replacing a section of the existing deck, 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the October 3, 2005 amended survey prepared by Peconic Surveyors, P.C. and elevation drawings dated August 15, 2005 prepared by James E. Fitzgerald, 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), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This ResolutJ,~,~as duly adopted (4-0). I~uth D. Oliva, Chairwoman 11/~.(z/05 Approved for Filing LOT NUMBERS REFER TO "MAP OF SUBDIVISION WILLOW POINT" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JUNE 16, 1966 AS FILE NO. 4652. OCT ~ ZOO5 ~ DUO CANAL NgO~O'OO"E SURVEY OF PROPERTY A T ARSHAMOMAOUE TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-56-05-25 SCALE: 1~20' MARCH 29, 2004 April d, 2005 132.00' F~ r finished lJoor el. 9.7 Walt FLOOD ZOIVE A£ (el. FIRM ~610JC0158 ~ F~ 15' L~.79.84' W I AREA=IT, 918 SQ. FT. £: EVA TIONS ARE REFERENCED TO N. 6. V.D. ANY ALTERATION OR ADDITION TO THIS SURVEY iS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON. PO I NT ROAD PECOIv~ ~ Y4~S, P.C. (651) 765-5020 FAX (651) 765-1797 P.O. BOX 909 ~OU~OLO, N.Y. 11971 04--123 F-I 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): 9:20 a.m. RICHARD KUBIAK #5780. Request for Relief from ZBA Conditions rendered 1/11/1998 under Appeal No. 3696, based on Section 100-239.4B (formerly 100-119.2) to authorize conversion of a portion of the existing open into additional living area, at 50 Willow Point Road, Southold; CTM 56-5-25. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 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: October 3, 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 TO: Jim Fitzgerald for R & S Kubiak P O Box 617 Cutchogue, NY 11935 Please take notice that your application dated August 5, 2005 For a permit for construction of an addition & alteration to a dwelling at Location of property: 185 Willow Point Drive, Southold County Tax Map No. 1000 - Section 56 Block 5 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed construction, situated on this non-conformin~ lot in the R40 District, is not permitted pursuant to ZBA Decision, which states: "Resolved, to grant a variance for the construction of the open-wooden deck construction, as applied.., under Appl. No. 3696, subiect to the following conditions: The deck construction remain open and unroofed (as applied)." The survey indicates a proposed 16' X 18' one story addition within the existing footprint of the deck. DATE: August 12, 2005 Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOgVN BOARD OF APPEALS Fee: $ ~00, Filed By&~.} ?~ ~Lpate.assJgnedrAssignment No. ~ _ Office Notes(~. ,, ~C ~. ~ ~ ~ ~,a~ ~ ,,] ~t,~/ ParcelLocation: HouseNo. 185 Street Willow Point Driv~amlet 5outhold 17,918 SCTSI 1000 Section 56 Block 5 Lot(s) 25 Lot Size sq ft Zone District R-40 I (%VE) APPEAL THE %~ITTEN DETE~IINATION OF THE BUIEDI~'INS~E~ DATED: 8/12/05 AUG 2 3 2005 Applicant/Owner(s): Mailing Address: Richard Kubiak 185 Willow ~oint Drive, Southold NY 11971 Telephone: 631 - 765- 6134 NOTE: IZ applicant is not the owner, state if applicant i~ owner's allol'ney, agent, arcbitect, builder, contract ~endee, e~c. Authorized Representative: James E. Fitzgerald, Jr. / Proper-T t ermit ~ervices Address: P0 Box 617, Cutchogue NY 11935 Telephone: 631-734-58oo Please specify who you wish correspondence to be mailed to, from the above listed ham~s: [] Applicant/Owner(s) X](Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DAIED 8/5/05 FOR: ~ Building Permit [] Certificate of Occupancy H Pre-Certificate of Occupancy [] Change of Use U 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 ZBA Apg1 }{3696 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 k~ Reversal or Other ZBA Appl A prior appealY~has [] has not been made with respect to this property tINDER Appeal NO. 369~'ear ? . ' . i; Xl/'/6' Appeal Appli¢c~fion, Continued /~. /3~ ~- 3' ' ~ z'.,., Part : RI. ,vcE so.vs ,.x,., See (1) .~.ll uodesirable chau~e ~ ill uot be produced iii Ibc ('ll.&R.&CTER of thc neigbl)orhuod or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicaut CANNOT lie acbieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is uot substantial because: (4) The variance will NOT have an adverse effect or i.mpact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the constructiou 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: {Please attach separate sheet.) 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 8, 9, and 10 below if USE VARIANCE STPdNDPA1DS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consnlt yonr attorney before completing): (7) The applicant CANNOT realize a REASONAdlLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not'apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: on a separate sheet). The spirit of the zoning ordinance ,viii be observed~_~. ~/~[ The public safeW and welfare will be secured and~sub~~~/t Signature/of Appellant or Agt orized Agent trion from 2Sworn3.~da-' ~:t° before.~, o: ~mel- this ~no c (Age~c/l~ust submit Autho~z~ Owner) <"'-~J~'~ ~..--',..~. John U. Judge (N~lCary Public) '"" 0 - NOTARY PUBLIC, State of New York No. 01JU6059400 ZBA App 08/02 Qualified In Suffolk County Commission Expires May 29, 20 o ~ (describe Applicant: Richard Kubiak _REASONS FOR AREA VARIANCE: AUG 2 3 20 I. An undesirable change will NOT be produced in the cha~a~g[g[~of the neighborhoo~l or a detriment to nearby pro pert~es, if granted BECAUSE ...... -~.~ ~rp~- --/ The proposed addition will be in the same style as the existing house and its location on the property and its configuration are such that the impression from neighboring properties and to passersby will be in keeping with the existing character of 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 BECAUSE: The proposed additional living space cannot reasonably be located anywhere else on the property without requiring a variance~ 3. The amount of relief requested is not substantial BECAUSE: The footprint of the proposed addition is appropriate in size and it is appropriately located within the extended sides of the existing house. It has been located in such a way as to a variance only for the setback behind the bulkhead without intruding into the side or front yards. The size of the addition, 259 square feet, is quite modesL 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The proposed structure does not add any "new" varieties of physical or environmental impacts; it continues the ordinary residential use of the property. It contributes toJ~dling the need for additional living space while staying within the existing house-plus-deck footprinL 5. Has the alleged difficulty been self-created? ( ) Yes AU~ ~ :.~ ;;005