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HomeMy WebLinkAbout5707 Page 2 - June 9, 2005 ZB Ref. 5707 - Gary Laube CTM ID: 70-5-5 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance due to the sensitive surrounding wetland grasses on the property. This is the most logical location for a shed. 3. The variance granted herein is the minimum necessary and is not substantial. The shed will exceed the setbacks of the code for sheds placed in rear yards and will be greater than the principal required setback from the street line, proposed at 53 feet. 4. The difficulty is not self-created and is related to the wetlands on this site. 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 accessory shed, 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 May 6, 2000 survey, amended April 3, 2005 by Nathan Taft Corwin II, L.S. and rough construction diagram with a ZBA date stamp of April 11, 2005, SUBJECT TO THE FOLLOWING CONDITION: That the proposed accessory building be used for storage only. 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, and Dinizio. (Member Simon was absent.) This Resolution w_~as duly adopted (4-0). ) ,'-i Ruth D. Ol~-va, ~haTrwo~n 6/~/~-/05 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 2, 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, JUNE 2, 2005: 9:35 a.m. GARY LAUBE #5707. Request for a Variance under Section 100-33 based on the Building Department's April 6, 2005 Notice of Disapproval for an accessory shed proposed in an area other than the code-required rear yard, at 310 Ackerly Pond Lane, Southold; CTM 70-5- 5. 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: May 9, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN FORM NO. 3 TOWN OF SOUTHOLD BUIIzDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 6, 2005 TO: Gary Laube 310 Ackerly Pond Lane Southold, Nh' 1197l Please take notice that your application dated April 5, 2005 For permit for an accessory shed at Location of property: 310 Ackerly Pond Lane, Southold, NY Count)' Tax Map No. 1000 - Section 70 Block 5 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction is not pursuant to Article III Section 100-33, which states; "In the Agricultural-Conservation District and Loxv-Densit¥ Residential R-80, R-120, R-200 and R-400 Districts, accessory buildines and structures of other accessory uses shall be located in the required rear yard." The proposed accessov shed is located in the side yard. Note to Applicant: Any change or deviation to the above referenced application, ma>' require further review by the Southold Town Building Department. CC: file, Z.B.A. · APPLICAT]I~ TO THE $OUTHOLD TOWN B(]~D OF.~em[~ECEiVED ' ~ . , For Office Use Only ~ ~- ~ ~ J ..... c Fee:$ J~,' FiledBv: ~',[~ DateAssigned/AssignmentNo.~'[O[ / I x ~uu3 ParcelLocation: House No. ~ lD Street ~;~['~1 ?hlq'X~/9~o. Hamlet I SCTM 1000 Section~)~) BlockO5 Lot(s) (r')~-~Lot Sized,R); ~,~$,~fl Zone District I (~VE) APPE.&L T~IE '~x,~/ITTEN OETER3IINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): Q~'~ ~&~ NOTE: If applicant is not the owner, state if applicant is ow her's atlorney, agenL architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: ~pplicantJOwner(s) [3 Authorized Representative [] Other: VeHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~-~ - 3f 'O FOR: ~ Building Permit [] Certificate of Occupancy [] 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 OrQill~:.g by numbers. Do not quote the code. Article ~ Section 100- ~_~ Subsection Type of Appeal. An Appeal is made for: ~KA 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'~,has not been made with respect to this properD' UNDER Appeal No. Year REASONS FO[ ditional sheets may be use~ AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CI;L~.RACTER of the neighborhood or a detrimeot to nearby properties if granted, because: (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: (3) The amouut of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulO,.' been self-created? ( )Yes, or ~g~No. 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 weffare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARLatNCE SHEET: (Please bx~..~ure to con~..your attorney.) Sighatu-r~-o-'~"lla~t ~r A~thorized Agent (Agent must subm~inen Authorization from O~ner) Notary Public ~ TOWN OF SOUTHOLD PROPERTY RECORD CAR ~ ~- OWN ER V l LLAGE ,-/ s W ~/~ VL. FARM COMM. CB. MICS. TOTAL DATE REMARKS LAND IMP. L ~D2T. SUB. TYPE OF BUILDING Mkt. Value AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD / Meadowland DEPTH BULKHEAD House Total DOCK 70-5-5 5/O3 Extension , Foundation ~osement Ext. Walls Breezeway Fire Place Garage Patio O.B. Total Type ~oof Recreation ~oo--~~ Dormer Be~h Floors :Interior Finish Heat Rooms ]st Floor Rooms 2nd FJoor Driveway t~inette ~R. COUNTY OF SUFFOLK EeQl[¥operty lox 5ervTce 070 S 80'48'50,, £ Z?,2LZ, CONC I I/ ~--- - ---- '4430 ~or7¥-._~ W -- -- _ 9.26 ACK. eLY , p OND ×~ CERTIFIED TO, BANK OF SMITHTOWN LAWYERS TITLE INSURANCE Corp. GARY LAUBE SURVEY OF PROPERTY S[TUA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. IA× ~o. 1000-70-0,5-05 SCALE 1 "=30' MAY 6, 2000 JANUARY 7, 2001 SiTE PLAN NOTES: 1. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0~66 G ZONE AE' BASE FLOOD ELEVATIONS DETERMINED ZONE X* AREAS OF 50D-YEAR FLOOD, AREAS OF 100 YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WiTH DRAINAGE AREAS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM IO©-YEAR FLOOD. 2. ELEVATIONS ARE REFERENCED TO N.G,V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~SA~ EXISTING CONTOUR LINES ARE SHOWN THUS: 5 AREA 30,885.83 sq. ff. 0.709 ac. N.Y.S. L,c. NO. 50467 Nathan Taft Corw n III Land Surveyor 992 Roanoke Avenue Riverhead, New York 1 PHONE (631)369-5473 1901 GAR~