HomeMy WebLinkAbout5704~7
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairx~oman
· Gerard P. Goehdnger
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
Southold 'Ibwn Hall
53095 Main Road · RO. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex/First Fk)or. North Fork Bank
54375 Main Road lat Youngs Avenuel
Southold. NY 11971
http://southoldtown.north fork.net
BOARD OF APPEALS RECEI'VED
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631~ 765-9064 ~llJN 2 7 2005
FINDINGS, DELIBERATIONS AND DETERMINATION~s~o~hol~ Town
MEETING OF JUNE 9, 2005
ZB Ref. ROBERT MANLEY APPLICATION 5704.
Property Location: 1895 Old Orchard Road, East Marion; CTM 37-3-9
Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's
March 28, 2005 Notice of Disapproval, amended April 25, 2005 for a new two-story dwelling,
proposed at less than 35 feet from two front lot lines, and with lot coverage in excess of the code's
20% limitation. The new construction is noted by the Building Department to be an increase in the
degree of nonconformance of the existing dwelling, which dwelling is proposed to be demolished.
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 11,595 sq. ft. parcel has 100 feet along Old
Orchard Road and 115.95 feet along Locust Court, and is improved with an existing 1340+- sq. ft.
single-story dwelling with concrete basement and 441+- sq. ft. deck area, all of which are proposed
to be replaced with a new dwelling.
BASIS OF APPLICATION: Building Department's April 25, 2005 amended Notice of Disapproval,
citing Sections 100-242A and 100-244 in its denial of an application for a building permit to construct
a new dwelling. The reasons stated for disapproving the application are that the setbacks will be
less than 35 feet from both front lot lines, and the lot coverage will exceed the code's limitation of
20% of the size of the lot.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on June 2, 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 applicant wishes to demolish the existing dwelling
and to construct a new 2810 sq. ft., two-story, single-family dwelling, approximately 64.5 feet wide
by 47.6 feet deep. The setback reductions requested are for 20 feet from the front lot line facing Old
Page 2 - June 9, 2005
ZB Ref. 5704 - Robert Manley
CTM ID: 37-3-9
Orchard Road and 20 feet from the southerly front yard adjacent to Locust Court. Also requested is
relief for lot coverage, reduced from the applicant's original plan for 24.2% coverage, to between
20.5% and 21.5% (maximum).
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. The setback variances, if granted, will produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the applicant wishes to increase an
already high degree of non conformity in both front yards. The setback that is proposed represents a
40% variance from the required front yard setback.
2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant
to pursue, other than substantial relief as requested. The applicant proposes to demolish the
existing house with nonconforming setbacks to build a new house with an increase in the existing
nonconformity in the front yard areas. Demolishing the existing house represents an ideal
opportunity to decrease the degree of nonconformity by situating the new footprint within the
required setbacks.
3. The variance, if granted, herein is substantial representing a 40% variance from the zoning code
requirement of 35 feet for each front yard.
4. The alleged difficulty has been self-created. The applicant could build a similar sized house
without the need for any increase in the degree of nonconformity.
5. No evidence has been submitted to suggest that alternative setback relief in this residential
community will have an adverse impact on the physical or environmental conditions in the
neighborhood.
6. Grant of alternative setbacks is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new dwelling, 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 Goehringer, and duly carried, to
DENY the variance as applied for, and to
GRANT alternative relief as follows:
1. That the setback from the front yard lot line running along Locust Court be no closer than
25 feet;
2. That the setback from the front yard lot line running along Old Orchard Road be no closer
than 25 feet;
3. That the lot coverage not exceed 21.5%.
Page 3 - June 9, 2005
ZB Reft 5704 - Robert Manley
CTM ID: 35-3-9
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 Resolutio½3~as duly adopted (4-0).
Ruth D. Oliva, Chairwoman 6~'¢/05
Approved for Filing
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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
headng 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:
10:40 a.m. ROBERT MANLEY #5704. Request for a Variance under
Sections 100-242A and 100-244, based on the Building Department's
March 28, 2005 Notice of Disapproval, amended April 25, 2005 for a new
two-story dwelling, proposed at less than 35 feet from two front lot lines,
and with lot coverage in excess of the code's 20% limitation. The new
construction is noted by the Building Department to be an increase in the
degree of nonconformance of the existing dwelling, which dwelling is
proposed to be demolished. Location of Property: 1895 Old Orchard
Road, East Marion; CTM 37-3-9.
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 heating. 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 10, 2005.
BY ORDER OF THE ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
RUTH D. OLIVA, CHAIRWOMAN
TO:
Robert Manley
198 Aspimvall Street
Westbury, NY 11590
FORM NO. 3
OT CE ov mSAm, aov ¢ -'2o
DATE: March 28, 2005
MHENDED: April 25, 2005
Please take notice that )'oar application dated March 25, 2005
For permit to demolish an ,existing dwelling and construct a new single family dwelling at
Location of property J895 Old Orchard Road, East Marion, NY
County Tax Map No. 1000 - Section 3_27 Block3 Lot~9
Is returned herewith and disapproved on the following grounds:
The proposed construction, on tlfis non-conforming 11,595 square foot lot in the Residential R-40
District, with two front yams, is not pen~nitted pursuant to Article XXIV Section 100-242A which
statesA
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement ora non-conforming building containing a conforming use, provided that such
action does not creats any new non-conformance or increase the de~ee of non-conformance
with regard to the regulations pertaining to such buildings."
The existing siugle family dwelling notes a front yard setback of 20 feet (Old Orchard Rd.) and 20 feet
(Lo_cust Court). Following theproRgsed construction, the dwellin~ will hav,e a front yard setback of 20
fce.t (Oki Orchard Road) andff9. ]M)eet (Locust Court). Pursuant to the ZBA s interpretation in Walz
~09), such additions and alterations will thus constitute an increase in the degree of non-
conformance. !,o~3,~,~ ql$glo(o.pdf...o..vv~.'
In addition, the proposed construction will result in a total lot coverage of 24.2 percent.
Therefore, the proposed cons:truction is not pemfitted pursuant to Pffticle III, Section 100-244, xvhich
st_ares that nonconforming lots measu~ng less than 20~000 square feet in total size, require a front yard
setback of 35 feet and a maximum total lot coverage of 20 percent.
This N.~otice of Disapproval was amended on April 25~ 2005, to include the increase in lot
CC: fide. Z.B.A.
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ParcelLocation: ltouseNo, l~0: ~~_t:~ Hamlet
SCiq~I 100, Section 3'7 Block J Lotls.~c~___Lot Size [l~c/~'''' Zone District
I (M/E) APPEAL THE ~]RIT'I~EN~ DETERMINAYION OF THE BUILDING INSPECTOR
DATED: ~_~Zt
Applicant/Owner(s):~O~7-4~ ~j__t~tl_~eS[
Mailing
Telephone:~_ ~q
Authorized Representative:
Address:
Telephone: ~ ~. ~-"
Piea~.f~specify who you wish correspondence tO be mailed to, from the above listed namgs:
gYApplicant/Owner(s} 13 Authorized Representative 13 Other:
%~IEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED _ ~L,2.Y'/03'~
FOR:
E~uiidlng Permit
[] Certificate of Occupancy Lq Pre-Certificate of Occupancy
[] Change of Use
13 Permit for As-Boilt Constrnction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance Dy numbers. Do not quote the code.
Article', ¥~/t ~/S ~ Section "~" ~'~ Subsection
Type of Appeal. An Appeal is made for:
IgA 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 To~vn Code, Article Section
[3 Reversal or Other
A prior appeal [] has Ii'as 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 neighborhood or a
detriment fo nearby properties, If granted, because: ~-e,~ ~
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible tar the
applicant fo pursue, other than an area variance, be,cause: ,~
(3) The amount of rellet requested is not substantial becagse:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
~,ondltions in the neighborhood or district because: ~.~ ~ ~_ ~ ~ o.,,-~z~.~ ~ fie
(5) Has the variance been self-created? ( ] Yes, or (~) No. It not, is the construction
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: (attach extra sheet as needed)
This is the MINIMUM that Is necessary and adequate, and at the same time preserves and
protects the character at the neighborhood and the health, safely, and welfare at the
community.
( ) Check this box and complete PART B, Questions on next page fo apply USE VARIANCE
.STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the sl,qnature and
nofaryareabel.ow. .~.,~ ~ ,
Signature of Appellant or Aut!~u~lz'ed Agent
(Agent must submit Aufhorlz~ion from Owner)
Sworn to beLore me this
~day
of
......... 20.0~ ~,
(Notary Public)
M iTCH ELi- ~r.-,CIL~ieR ~
NOTARY PUBLIC, State of New York
Ho. 0~E4962524 ~A App 9~0/~
Qualified in Nassau Coun~
APPLICATlf~FO THE SOUTHOLD TOWN BOO OF APPEALS
/ / For Office f~(¢e Only
ParcelLoca~ion: HouseNo. t~-Street O~
SCTM 1000 Section 37 Block 3 Lot{s) ~ Lot S~e//,~-qg 9I~one District
I (WE) APPEAL THE WRITTEN DETER31INAT1ON OF THE BUILDING INSPECTOR
DATED: .~/~g/o-~-
Applicant/Owner(s):
Mailing
Address:
Telephone:
NOTE: If applicant is not the o~ner, state if appficant is o~ner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative:
Address:
Telephone:
Please/ __ _specify who you wish correspondence to be mailed to, from the above listed names:
g~Applicanuowner(s) [].Authorized Representative [] Other:
WHEREBI' THE BUILDING INSPECTOR DENIED AN APPLICATION DATED . ~/,~ i~/ol'~
FOR:
~Building Permit
1~ Certificate of Occupancy [] Pre-Certificate of Occupancy
[3 Change of Use
Lq 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 ~ Section 100- ~*/t./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
[] Reversal or Other
A prior appeal [3 bas ~as not been made with respect to this property UNDER Appeal
No. Year
REASONS FOR APPEAL it'o~ ~ Hca 'nature:
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CIrL~RACTER of the neighborhood or a
detriment 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:
O) The amount of relief reqnested is not substantial because:
(4) The variance *viii NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created? ( )Yes, or (~)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, safe~', and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARL~.NCE SHEET: (Please be sur~ to consult your attorney.) '-.
Signature of Appellant or ~uthgei~Agen t
(Agent must submit written Authoriza~ioli~om Owner)
REASONS FOR APPEAL
AREA VARIANCE REASONS:
( 1 ) .An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because every effort has been made to choose a plan in
style and size consistent with the long standing traditions of our neighborhood of Gardiners Bay
Estates. Many of our neighbors homes, some built 40 to 50 years ago and since modernized have
set backs equal to or less than the homes shown on Locust Court per the enclosed survey.
(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 in choosing to live in East Marion on a
year round basis, a design plan was chosen to provide suitable minimal family living space and
such a plan cannot fit on the current footprint. It is our intention to build a 2200 sq. Pt.. 2 sto~
home, which does not fit on the current foundation of the existing structure. However, it is a
design that is well suited for the property.
(3) The amount of relief requested is not substantial because our property is a large corner plot
and the set backs that we are requesting will still be greater than those of many of the homes in
our community. There will remain considerable undeveloped land with no adverse effect on our
community's roads.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because as previously noted there will be no impact on
traffic flow and if approved we will still be left with considerable amount of open space. Family
occupancy will remain as it is.
(5) NO.
Signature of Appellant x~
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s)'.
I. If building is existing and alterations/additions/renovations are pr2posed.'
A. Please give the dimensions and ov6rall square footage of extensions beyond existing building:
Dimensions/size:
Square footage:_
B. Please give the dimensions and square footage of new proposed founqlation areas which do not
extend beyond the existing building:
Dimensions/size:
Sqttare footage:,
If land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size:__ ,6~-/.5" X~? rh.__.~:LT~z-- ~____ ,~ ~
Square ?ootage:. ,~.e~.o
Height: ,~_ '
Ill. Propose and use of new construction requested in this applicatioo:
,.,' d ,v6
IV. Additional h, formation about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
V. Please subofit seven (7) photos/sets after staking comers o f the proposed new construction.
7/o2
Plea&, note: Further changes, after st~bmitting the above iwbrmation, must be placed itt writing and may
require a ne**' Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-I $02) a? Appeals Department
(705- ] 809) !t'y'C!tt are nat sure. IJtcmk yott
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