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Home My WebLink About5649 ,APPEALS BOARD MEMBERS Ruth D. Olix a. Chairwoman Gerard Ih Goehdnger Vincent Orlando Jame~ Dinizio. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY I 1971-0959 Office Location: Town Annex/First Floor: North Fork Bank 54375 blain Road lat Youngs Avenuel Southold. NY 11971 http://sout holdtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (63D 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 3, 2005 RECEIVED r'~'4/ Soulhol~ low~ Clerk ZB Ref. 5649 - JAMES LEYDON Property Location: 450 Parson Boulevard, East Marion; CTM 37-1-18. 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 12,929 sq. ft. parcel has 112.31 feet along Parsons Boulevard, 156.30 feet along the northerly (side) lot line, 165 feet along the southerly (side) lot line, and 77.50 feet along the rear lot line. The property is improved with a single-story frame dwelling with screened porch, as shown on the 1/22/03 survey prepared by Kulhanek & Plan, L.S. BASIS OF APPLICATION: Building Department's November 5, 2004 Notice of Disapproval, citing Section 100-33, in its denial of a building permit for new deck construction, for the reason that a section of the deck is proposed in a side yard instead of entirely in rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 2004 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 two accessory decks connected by a 5' x 12' raised walk, all substantially behind the existing dwelling with setbacks at 5 feet and 7 feet from the northerly side line, at its closest points, and at least 10 feet from the westerly rear property line. The easterly deck is located to the side of the dwelling which extends farthest from the road, resulting in a side yard instead of the code-required rear yard. 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 proposed open decks will be constructed Pa~e 2 - February 3, 2005 ZB Ref. 5649 - J. Leydon CTM ID: 37-1-18 mainly in the rear yard and for the most part be unseen from the road, and visible only by the closest neighbors. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Without a variance, the addition is not possible. The lot is small with 156 feet in depth, and the house is existing with a 35.8 ft. front yard setback, extending 85 feet into the property. 3. The variance granted herein is not substantial. The proposed decks will sit Iow to the ground and not be covered with a roof or contain railings. 4. The difficulty has not been self-created. 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 deck 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 Member Dinizio, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, as shown on the 1/22/03 survey prepared by Kulhanek & Plan, L.S. 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, Dinizio, and Simon. Absent was Member Goehringer. This Resolution(W~s duly adopted (4-0). Ruth D. Oliva, Chairwoman 2//<~'/05 Approved for Filing 616445 TITLE No. 0 0 77. S° I THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. MEASUREMENT IN U,S. STANDARD THE DIMENSIONS SHOWN HEREON, FROM THE STRUCTURES TO THE PROPERTY LINE, ARE FOR A SPECIFIC PURPOSE ONLY. THEY ARE NOT INTENDED TO BE USED FOR THE ERECTION OF FENCES, STRUCTURES OR ANY OTHER IMPROVEMENT. UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, SUB- DIVISION 2, OF THE NEW YORK STATE EDUCATION LAW. KULHANEK & PLAN ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY .MARKED WITH AN ORIGINAL OF THE LAND SURVEY- OR'S EMBOSSED SEAL SHALL SE CONSIDERED TO BE VALID TRUE COPIES. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO ~" THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDI- TIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SECTION ] BLOCK GUARANTEED TO DATE ,.~U. FFo //C_ COUNTY JOB NO. LAND SURVEYOJ~.C. ~ MA. lUNG ADDRESS (516) 431-935S P, O. SOX 178 (914) 764-~3C¢ 73 W'ESTCHESTER AVE. (718) 347-3533 POUND RIDGE, NY. 10576 TELEPHONE: 800--.~4%5124 FAX: 800-242-495S E-MAIL: I'.pl=pc~rols.com iVIL~N # 3 WEST DECK r'O'-9 1/4' 'CENTERLI VIEW EAST pECK I I VIEW #1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 20, 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, JANUARY 20, 2005: 9:55 AM JAMES LEYDON #5649. Request for a Variance under Section 100-33, based on the Building Department's November 5, 2004 Notice of Disapproval concerning proposed deck construction partly in a side yard instead of entirely in rear yard, at 450 Parson Boulevard, East Marion; CTM 37-1-18. 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) 765-1609. Dated: January 4, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: November 5, 2004 TO: Enviromnent East A/C Jmnes Leydon Indian Neck Lane Peconic, NY 11958 Please take notice that your application dated November 3, 2004 For permit for an accesso~ deck addition at Location of property: 450 Parson Blvd., East Marion, NY County Tax Map No. 1000 - Section 37 Block _1 Lot 18 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 Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessor~ buildings and structures of other accessory uses shall be located addition is partially located in the rear and side yards. in the required rear '~ ard. 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 )ARD OF APPEALS For OJ)qce Use Only Office Notes: ParcelLocation: House No. ~O Street '~R,-qOr,3-~ ~L.'qO Hamlet SCTM 1000 Section '~7 Block / Lot(s)_/~_- _Lot Size/~}., "].~ Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: /O 0~.m6~¢-. ,.~ . 7,004 Ap. pllcant/Owner(s): ~ ~',l ~ Q OM-DOkCT~R Address: Telephone: Authorized Representative: Address:. ~::>.O-..~:D~ i.~'"/, e~___.~20~t.(Lt /J.'~. {Itst.{~-~3t~-'L Please specify who you wish correspondence to be mailed to, from the above listed nam.es: El Applicant/Owner(s) ~rAuthorized Representative [3 Other: 'WItEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~OV- ~cc~ FOR: ,~qlulidlng Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy 13 Change of Use [3 Permit for As-Bnilt Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, S bsect'on and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article___.~._ Section 100- ~ Subsection Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning 51ap. [] A Variance due to lack of access required by New York Town La*y-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [3 has,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 nelghborhood or a detriment fo nearby properties, If granted, because: 'Th~ ~ec~ '[~ Con ~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for applicant to pursue, other than an area variance, because: ~ ~ ~ (3) Theamounlotrellelrequestedl:noisub:tan[al~ecause: ~n{~ ~ ~C~-o~ (4} Tfi~ ~n~ will NOT h~v~ ~n ~d~r~ ~ff~t or Imp~t on th~ physical o~;~nvlro~m~n~l condlflonsinfhenelghborhoodordisMctbecause: ~ (~ ~ O b ~ ( ~ n ~IL [ ( J (5) Has the variance been self-crea~d? ( ) Yes, or (~) No. If n~, Is the cons~cflon existing, as butif? ( ) Yes, or ~ No. (6) Additional Information about the surrounding topography and building areas that relate lo the difficulty In meeting the code requirements: (attach extra sheet as needed)_ protects the character of the neighborhood and the health, safe~, and welfare of the communi¥ ( ~Check this box and complete PART B, Questions on next page to apply USE VARIANC~ STANDARDS. (Please consult your a~orney.} Ofhe~lse, please proceed to the si~nature notary area bel.ow. ..Swan,.to b~ore me this ~1-'~ / dag,e . 200,4. ure of Appellant or~uthorlze~ Agent (Agent must submit Authorization from Owner) ZBA App Page 3 o! 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (if reauested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project Is Located (please consult yo%r alforney before completing): 1. Applicant cannot realize a reasonable return lot each and every permiited use under the zoning regulations for the particular district where the properly Is located, demonstrated by competent Bnanclal evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe'on a separate sheet). ~ L~',S ~/,3 -F'Ht~ /~P_J~DF-,t-f~_OO At60 ~ r~'<t~'T~6 t(00¢~ O?~=J6 0OO01~/~OO~ 0~'~ 2. The alleged hardship relating fo the prope~ Is unlquj because: because~ ~ ~ ~ &~&C~ ~ ~Ad~ 4. The request will not alter the essen~al character of the neighborhood because: 6. This Is the minimum relief necessa~, ~hlle at the same time prese~lng and protecting the character of the neighborhood, and the health, safe~ and welfare of the communl¥ (Please explalnonasepamtesheetifnecessa~.) ~ ~ ~ ~ ~ ~ ~ ~ . 7. The spirit ol the ordinance will be obse~ed, public sate~ and weltare will be secured, and subsfanflal Justice will be done because: (Please explain on a separale sheet il necessa~.) ( ) Check this box and complefe PART A. Questions on previous page to apply AREA VARIANCE STANDARDS. (Please con.If yogi afforney.) Olhe~lse, .p~ease proceed lo the sl~afure and notaw area below. ~~"~,~3~ ,, (Agent must submit Authorization ,om Owner) / [ day~.~200~ PROJECT DESCRIPTION (Please include with Z.B.A. Application) I. lfbuildingisexistingandalterations/additions/renovationsareproposed: A. Please give the dimensions and ov6rall aqua, re footage of exteosions beyond existing building: Dimensions/size: Square footage:. B. Please give the dimensions and square footage of new proposed foundation areas which do not ex~end beyond the existing building: Dimensions/size: Square footage: /O-/k ' II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: t..AtOD I.X OOlz. P..coqTl.'q OCOOf't~__.D Square Footage: t,.3 ~ Ili. Propose and use of new construction requested in this application: I'V. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers o f the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If a&titional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-I809) if you are not sure. Thank you,