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HomeMy WebLinkAbout5725 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer Vincent Orlando James Diuizio. Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 · Fax 1631) 765-9064 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 lat Youngs Avenue} Sonthold, NY 11971 RECEIVED ~-~,~' Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 ZB Ref. 5725 - VIVIAN LINDERMAYER and ASPASIA ISRAFIL Property Locations: 17877 Soundview Avenue, Southold; CTM 51-1-4 Right-of-Way Location: Property of Dr. and Mrs. Z. Micah Kaplan, 17815 Soundview Avenue, Southold; CTM 51-1-5 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 36,395 sq. ft. parcel is situated to the north of property identified as CTM 51-1-5, and the March 15, 2005 survey prepared by John C. Ehlers shows a proposed dwelling to be 40 feet from the southerly (front) property line. The property does not front along a town street and has less than 15 feet in width as required by Zoning Code Section 100-235, and New York Town Law, Section 280-A. BASIS OF APPLICATION: Building Department's May 12, 2005 Notice of Disapproval, citing Section 100-235 for a variance concerning vehicular access width, which does not meet the code required 15 ft. minimum over CTM Parcel 1000-51~1-5. Also requested is a variance, based on the Building Department's March 28, 2005 Notice of Disapproval, under New York Town Law, Section 280A, to establish the required base road improvements (specifications) within the easement area of this private right-of-way, for travel by emergency and other vehicles, since the applicants' lot does not directly front along a town street. Zoning Code Section 100-235 states as follows: A. Street Access. (1) No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law. (2) All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading. B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required Pa~e 2 - August 18, 2005 W ZB Ref. 5725 - V. Lindermayer an~ A. Israfil CTM ID: 51-4-4 front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-26-1991 by L.L. No. 8-199'1; amended 6-11-1996 by L.L. No. 10-1996]. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 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: VARIANCE RELIEF REQUESTED: This 36,395 sq. ft. lot is accessible along the eastern boundary over land, now owned by Gayle Crane and Z. Micah Kaplan, M.D., by a reputed 10-ft. wide, 218 I.f. right-of-way. Relief is requested under New York Town Law, Section 280A to establish, by variance approval, the required road specifications for emergency and other vehicles. Also requested is relief from Section 100-235 of the Zoning Code for a variance for the No building permit may be issued for construction on this northerly sound-front parcel unless relief is granted to provide access standards for improvement by emergency and other vehicles as required by New York Town Law, Section 280-A. A certificate of occupancy may not be issued unless the right-of-way has been constructed and meets the conditions of this approval. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The access to this property is reputed by the applicant's title records to be 10 ft. wide for 218 feet in length extending from the nodh side of Sound View Avenue. The applicants wish to build a new single-family dwelling on their 36,395 sq. ft. lot which faces the Long Island Sound, and New York Town Law requires sufficient access before issuance of a building permit. The applicants proposed a crushed stone surface, and open access, without obstruction at all times, for easy and safe access by emergency and other vehicles. The owners of the land adjacent to this right-of-way area wish to maintain an unimpeded grassed area, or similar landscape, two feet wide corridor on the west side of the easement area, allowing access for emergency and fire-fighting apparatus only. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than by variance. While the applicants do not own the land over which the access, they have an easement over the eastern section and propose a crushed-stone surface over the entire 10 ft. width, except that the current opening onto Soundview Avenue will remain at 12 feet wide and will not be gated, providing continuous maintenance 24 hours a day/seven days a week, for access to the proposed dwelling. This right-of-way has not yet been constructed, and is proposed by the applicants for the purpose of obtaining a building permit. Page 3 - August 18, 2005 ZB Ref. 5725 - V. Lindermayer and A. Israfil CTM ID: 51-4-4 3. The difficulty has been self-created and is related to the fact that the property does not have approval under New York Town Law to the site for vehicles. 4. 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 improvements for the right-of-way and access will consist of crushed stone, without macadam or similar solid material because there are phone and electric cables buried beneath the right-of-way for another dwelling. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a building permit for a new dwelling, while preserving and protecting the character of the adjacent residences, 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 Goehringer, seconded by Member Orlando, and duly carried, to GRANT the variance as applied, concerning the proposed construction of a right-of-way in a location as shown on the March 15, 2005 survey prepared by John C. Ehlers, SUBJECT to the following conditions: In order for this variance to be effective: 1. Excavate ten (10) feet in width commencing at a point from Soundview Avenue (at a minimum of 218 feet in length), removing all grass and soil to a 4" to 6" depth. 2. Replace with 4" to 6" sandy loam with adequate stone content, and surface with a minimum of 4" of compacted stone blend with grit. 3. This right-of-way must be continuously maintained by the fee owner of the soundfront parcel identified as CTM 51-1--4. 3. A turnaround and driveway area of 30+- feet in diameter shall be provided within the applicants' property (CTM 51-1-4) the driveway and parking area, for emergency and fire vehicles. 4. The right-of-way entrance shall not be gated or obstructed. 5. The variance approval also notes acceptance of the additional two feet to the west of the right-of-way (from Kaplan) without stone or other improvements, remaining as grass or similar landscape, without trees or other obstruction, increasing visual and overhead uses for emergency vehicle purposes for a total 12 ft. width extending westerly from the easterly boundary of the right-of- way. Pag'e 4 - August 18, 2005 O ZB Ref. 5725 - V. Lindermayer an"~A. Israfil CTM ID: 51-4-4 6. The Zoning Board of Appeals reserves the right to inspect the completed improvements, prior to issuance of a Certificate of Occupancy at the soundfront parcel identified as CTM 51-1~4. 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 (5-0~ ~,~, ~ Ruth D. Oliva, Chairwoman 9/,~J05 Approved for Filing . . . . COUNTY OF SUFFOLK. (i) SEP 2 9 "OS '6J\~ Jil: ~ '\r:\.~ ("/ v "J \ (' ,/.. /,,<:::> STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 25, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant( s) Municipal File Number(s) Lindermayer, Vivian Iavarone, Pat Gould, Jennifer Smith, Pamela Matteini, Stephen 5725 5829 5907 5913 5918 Very truly yours, Thomas Isles, AlCP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631)853-5190 TELECOPIER (631)853-4044 SU~\~.'T' OF F~OF~ ..~ I't'UAI'"E .' ~L.P N o PIPE AREA : ~6,~5 5F OR O,b4 AORE5 ®i;~.APH lC 5GALE I''= ~1 .... JOHN C. EHLERS LAND SURVEYOR LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 7, 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, July 7, 2005, at the time noted below (or as soon thereafter as possible): 1:30 PM VIVIAN LINDERMAYER and ASPASIA ISRAFIL #5725. Request for Variances under: (1) Zoning Code Section 100-235 based on the Building Department's and May 12, 2005 Notices of Disapproval, concerning vehicular access width, which does not meet the code required 15 ft. minimum width over CTM Parcel 1000-51-1-5, and (2) based on the Building Department's March 28, 2005 Notice of Disapproval, for variance under New York Town Law, Section 280A, establishing the minimum construction specifications for travel by emergency and other vehicles over a private right-of-way, instead of direct frontage along a town street. Location: 17877 and 17815 Soundview Avenue, Southold; CTM 51-1-4 and 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 eadier 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: June 9, 2005. Ruth D. Oliva, Chairwoman Board of Appeals FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March 28, 2005 AMENDED: May 12~ 2005 TO: Patricia Moore A/C Lindermayer 51020 Main Road Southold, NY 11971 Please take notice that your application dated March 22, 2005 For a permit for construction of a new single family dwelling at Location of property 17877 Soundview Ave., Southold, NY County Tax Map No. 1000 - Section 51 Block 1 Lot '4_ Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII, Section 100-235. The property does not meet proper access requirements outlined in this section of the code. This Notice of Disapproval was amended on May 12, 2005 for clarification. Note to Applicant: An), change or deviation to the above refere~timl..~ay require additional review from the Southold Town Building Dep/ar.t~ent. //"/ ) 4 Authorized STgnature 17877 Soundview Avenue ParcelL. ocalion: House No. S£~cel SCI'bi 1000Section 51 Block I Lot sL 4 LotSize36'395 J Southold Halnlc[ r-40 Zone Dis,'ict I (~,~E) APPEAL THE VCRlrTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 28, 2005 Applicant,,rO~ner(s): Vivian Lindermeyer and Aspasia Israfil by blailing Address: Patrlcia C. Moore Esq. 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 AnthorizedRepresentative: Patricia C. Moore Address: above Telephone: Pleasu specify who you wish correspondence to be mailed to, fi'onl tile above listed ilalngs: [2 Applicant/Owner(s) ~ Anthorized Representative [] Other: VvqJEREBYTHE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 22, FOR: {~Buiiding Permit [] Certificate of Occnpancy [3 Pre-Certificate of Occnpaucy 13 Change of Use [3 Permit for As-Built Construction Other: 2005 Provision of the Zoning Ordinance Appealed. lodicate .Article, Section, Subsection and paragraph of Zoning Ordinance by nnmbers. Do not quote thecode, A. l .Article XXlII ' Section 100- 235 Subsection Type of Appeal. An Appeal is made for: I~ A Variance to the Zoning Code or Zoning Mai). ~ A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section D Reversal or Other A prior appeaID hasl~ has not been made with respect to this property UNDER Appeal No. Year Reason for Appeal Continued Zoning Board of Appeals re: Vivian Lindermeyer 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 Town 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. Town Law 280-a approval is required because the subject (SCTM#1000- 51-1-4) waterfront property access is by a 10 foot deeded right of way to Sound View Avenue. The 10 foot right of way runs along the easterly side of the fronting property (SCTM#1000-51-1-5) presently owned by Doctor and Mrs. Kaplan. Both of these parcels were created prior to 1957. The subject property was owned by the applicant's aunt and uncle in 1956 and a house was previously located on the parcel. The access of the parcel to Sound View Avenue was always by a driveway. The access serves only the one house along the Long Island Sound. The code now requires a 15' access, however, the lot was created prior to the enactment of the zoning ordinance and is limited to 10 feet. A variance is required for the access pursuant to 280-a of the Town Law. 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. The parcel is a single and separate parcel, formerly improved with a house similarly located on the property as the neighboring homes along the Long Island Sound. The house was damaged by fire and a building permit application was submitted to re-build the house in a conforming location 100 feet landward of the top of the bank. The driveway will be suitably improved with crushed stone residential driveway and will be maintained clear of vegetation at the maximum width of 10 feet. The Kaplan's property has no physical barriers impeding access, nevertheless the applicant only has legal right of access over 10 feet. 3. The area variance is not sDbstantial The application of the balancing test weighs in favor of the grant of the variance. This parcel predates the zoning ordinance and was previously improved with a single family residence. A driveway is generally only 8 to 10 feet in width. The applicant can not legally comply with 15 feet because the legal right of access in the deed is limited to 10 feet. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property was created prior to zoning, it will be developed as it was prior to the fire which caused the former home on the subject property to be demolished. 5. The alleged difficulty was not self-created. The width of the access was established prior to zoning. The house is replacing a previously existing house and is no different then the neighboring homes who enjoy residential driveways to their homes. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. State of New York ) )ss County of Suffol_~. ) Sworn to this ~7qday 0~/~~-fL) ~d2dP~q~ No garyUPub 1 i c MARGARET C. RUTKOWSK] Nota~ Public, State of New No. 4982528 ~r ~B 05 lO:5~a Moore Lam O~ice 631 765 ~6~3 p.g /' ' '/ ' '~ ~i~ ~ ~ ~ : '~ I~ '1 :~:-_N~, ---~ ~ ,, ~ 5 ~- ~ /.~ .~ ~.'z ... ~,'~, ~: / .~ x,~~ ,' .i .,'~.:: ,~, ~, I ~ I ~ ' I I ~ I I~' ' I II1~'1~' I~ III I