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HomeMy WebLinkAbout5748 h nl--"Lu n~ ,. . --~-~-.:;=-nTU-(_n- _______n_ 'OZ.O~ ~,,(--........IlJ.... .tJ=.r7'f8 0.. '3 G-c.u-. f'(SB PI:I- ~/lifJ/D?CJvO D w/If~ /()tJ7~S- JJ:6'?.l.J7 - &705, /k:t.:l/ G,IIlj)C7E P V5,o PI:I- J>13i~(" AIM 9ftJ/C(,. ).; 7e 8 3 / Office Location: Town Annex/First Floo~ No~h Fork Bank 54375 Main Road lat Youngs Avenue) Southold. NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76S-1809 ]Fax {631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 ~outhold~own~ ZB File No. 5748 - PAUL MALONEY Property Location: 1020 Goose Creek Lane, Southold CTM 78-8-3 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 33,900+- sq. ft. parcel has 160 feet along a private road known as Goose Creek Lane and is improved with a 2-1/2 story frame dwelling with porch, as shown on the August 5, 1966 survey prepared by R. VanTuyl, land surveyor. BASIS OF APPLICATION: Building Department's June 6, 2005 Notice of Disapproval, citing Section 100-33 in its denial of an application for a building permit to construct a detached, accessory garage in a location at less than the code-required 40 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 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 wish to construct a 22 ft. by 26 ft. detached garage as an accessory in the southwest yard area, replacing the existing garage. The applicant's original request was to locate the garage 20 feet from the southerly front lot line and 12 feet from the westerly yard lot line. ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 18, 2005 public hearing, the agent (contractor) was requested to increase the front yard setback for a possible alternative that would be more conforming to the code's front setback requirement of 40 feet. On September 27, 2005, the applicant submitted a revised plan for a 22 ft. by 26 ft. garage shown on the plot plan prepared by Peter Heard measured at 31 feet and 27 feet (minimum) from the southerly front yard line (and measured at 12 feet from the westerly yard line, 8'8" from the closest construction area), as shown on the 5~2~2005 diagrams prepared by Eileen Santora. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: · Page ~ - October 27, 2005 ZB File Ref. 5748 - Paul Maloney CTM 78-8-3 1. Grant of an alternative variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant modified the plot plan to increase the setback of the garage from 20 feet to 31 feet and 27 feet as angled. The modified location is parallel to the westerly lot line which permitted an increased setback from the southerly lot line, without disturbing the healthy, mature trees that are established between the house and the proposed garage. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, and the applicant's desire to continue the visual benefits of screening and shade by established tree growth in the yards. 3. The variance granted herein is substantial. The code requires a minimum of 40 feet from the front lot line, and the relief grants a reduction of 13 feet from this requirement. 4. The difficulty has been self-created and related to existing site conditions. 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 a detached garage, 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 Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the relief under the first map submission, and to GRANT alternative relief, as applied for, as shown on the plot plan prepared by Peter Heard measured at 31 feet and 27 feet (minimum) from the southerly front yard line (and measured at 12 feet from the westerly yard line, 8'8" from the closest construction area), as shown on the 5~2~2005 diagrams prepared by Eileen Santora, subject to the following Conditions: 1. That the garage be used only for storage and parking of vehicles. 2. That the garage shall remain as an accessory and not be modified or used as living or sleeping quarters; 3. That no additional plumbing for a bathroom and/or cooking area shall be permitted. 4. That electric and plumbing for an outdoor shower are authorized utility areas. 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 expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. Orlando was absent.) This Resolution duly adopted (4-0). Ruth D. Oliva, Chairwoman 111~/05 Approved for Filing (Member /'/o. ¢6'_ SEP 2 ? 200, LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 18, 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, August 18, 2005, at the time noted below (or as soon thereafter as possible): 1:55 p.m. PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on the Building Department's June 6, 2005 Notice of Disapproval concerning a new accessory garage proposed in a front yard at less than 40 feet from the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM 78-8-3. 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 during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 19, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski -!_ TO: Peter Heard for Paul Maloney 127 Sterling Avenue Greenport, NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL RECEP'=O JUN 8 1005 DATE~ Please take notice that 3,our application dated May 26, 2005 For permit for construction of an accessory garage at Location of property: 1020 Goose Creek Lane, Southold County Tax Map No. 1000 - Section 7~8 Block8 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 33,541 square foot lot, is not pemfitted pursuant to Article III,Section 100-33 which states~ "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." The require front-yard setback is 40'feet. The proposed construction notes a 20' setback in the front yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, ma)' require harther review by the Southold Town Building Department. APPLICATIO~[O THE SOUTHOLD TO~VN BOO OF APPEALS IFee: Offic~ No/es: - For Offfwe Use Only Filed By(~ ~ _ Date Assigned/Assignment Parcel Locatiun: ltouse No. 10~}~ SCTM 1000 Section '~ ZONi~IG B.OARD ~,~/~LS Block ~ Lot(s) ~ Lot Size ,-~ Zone Distrlct I (%'E) APPEAL THE V*~RITTEN DETER3IINATION OF THE BUILDING INSPECTOR DATED: .~1~¢ (~, ~ Applicant/Owner(s): Mailing Address: 10% Telephone: {a ~ 1147/ NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. 37? Please specify wha you wish correspondence to be mailed to, from the above listed names: D Applicant/Owner(s) ~Authorized Representative [] Other: V~'HEREBY THE; BUILDING INSPECTOR DENIED AN APPLICATION DATED ~' ~(~ - 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 Ordinance by numbers. Do not quote the code. Article ~ Section 100- ~_~ Subsection Type of Appeal. An Appeal is made for: JifA Variance to the Zoning Code or Zoning fi,lap. [] A Variance due to lack of access required by New York Town Law-Section 280-A. /5 Interpretation of thc Town Code, Article Section [3 Reversal or Other A prior appeal [] has l~ has not been made with respect to this properly UNDER Appeal No. Year REASONS FOR APPEAL ~tional sheets maybe used AREA VARIANCE RE?ISONS: (1) An undesirable change w/Il not be produced in the C[L~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 varianc~ because: (3) The amount 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 difficulty been self-created? ( )Yes. or z~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 welfare of the community. Check this box ( ) IF A ElSE VARI3~/CE IS BEING REQUESTED, AND PLEASE COMPLETE TIlE ATTACHED USE VARIANCE SHEET: (Please be sure to c~suB .?u~attorney.)/f $igna.~re of Appellant or Anth~rized Agent (Age~t~m~t ~ubmit written Authodzati~'n from O~ner~ Sworn to bel'ore me this day o~ ~.~..~, 20 ~J' . NOTARY PUBLIC. State of New York Nota~~ Public ! · NO. 01C0482~.~3, Suffolk Cou~tJf Term Exl~re~ Page 3 at 3 - Appeal Appllca/Ion Pall B; REASONS FOR USE VARIANCE flf reauested): For Each and Every Permitted Use under the Zoning Regulations for the Particular Dlsblc! Where Ihe Project Is Located [please consult your aflomey before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the padlcular district where the properly Is located, demonslrafed by competent financial evidence, The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating fo fhe~roperfy Is unique because: n0 - 3. The alleged hardship does not apply fo a su~sfanflal po~on ot the dls~cf or neighborhood because: ,, 4. The request will nqf alter the essential character of the neighborhood because: 5. The alleged hardship has not been sell-created because: 6. This Is the minimum rellet necessaw, w~lle at the same time prese~ing and pro~ecting the character at the neighborhood, and the health, sate~ and welfare at the communl~. (Please explain on a separate sheet il necessa~.) 7, The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet it necessary,) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS~ (Please consult your attorney.) Otherwise, please prq~ceed to the si,nature and n0tc~ry area below, ..? 51g~e of Appellant or Authori~d Agem Sworn fo be~ore me fhl~ (~enf must submit Aufhoflzafl~ ~om Owner) ~ ~ ~T~ PU8~ ~ of ~w York (~ota~ kubllc) ' ~. 0s~ 8~k cou~t~ PROJECT DESCRIPTION (Please include w/th Z.B.A. Applicatiou) If building is existing and alterations/additions/renovations are~osed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: O ~ ('~-~r ~_ Square footage: ' ' Iq0_6tdtidht~~---'~___ B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: 1I. If land is vacant: Please give dimensions and overall square footage of new construction: Dime~ion/size: ,Square i;ootage: Height.. IlL Purpose and use of new construction requested in this application: Additional information about the surrounding contours or nearby' buildings that relate to the difficulty ill meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Plea,re ~lote: Further changes, after submttting the above itgbrmation, must be placed in writing and may require a new Notice of Dio'a£proval to show changes to the initial plans, lf additiot~al time is needed, please contact out' office, or ['lease check with Building De?artmeut (765-1802) or ..lppeals Department ( 765-l ~i)Ol if )'ou are n,vt,vure l'hank you rill 8LO 000~ ~30HIflOS ~OJJ~S JO LLNnO3 .?