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Home My WebLink About5751 APPEALS BOARD MEMBERS Ruth D. Oliva. Chaip. voman Gerard P. Goehdnger Vincent Orlando James Dinizio. Jr: Michael A. Simon Southold To~,~ n Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Aven uel Southold. NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS RECEIVED TO~'~N OF SOUTHOLD Tel. (631) 765-1809 · Fax {631} 765-9064 FINDINGS, DELIBE~TIONS AND DETERMINATI~ ~ ~' t~'-~ MEETING OF SEPTEMBER 1, 2005 $outholfl Town Ca~k ZB File No. 5751 - Edward A. Linker Jr. Property Location: 285 Oyster Ponds Lane, Orient CTM 25-1-7 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 Jf the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,298 sq. ft. parcel has 121.68 feet along Oyster Ponds Lane and is improved with a one-story frame house and detached garage, as shown on the May 25, 2005 land survey prepared by John C. Ehlers. BASIS OF APPLICATION: Building Department's June 8, 2005 Notice of Disapproval, citing Sections 100-33 and 100-244 in its denial of an application for a building permit to construct a proposed addition for the reason that the rear yard setback is proposed at less than 35 feet and the new construction will create a new nonconformity with respect to the accessory garage, partly in a side yard instead of the code-required rear yard. 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 applicant wishes to construct a 12' by 16'3" wide one-story addition at the rear of his home, resulting in a rear yard setback of 24 feet (minimum). 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 new porch is proposed behind the existing dwelling and will be only single-story height and enclosed with screens. Page 2 - September 1, 2005 ZB File No. 5751 - Edward A. L Jr. CTM 25-1-7 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, except to substantially change at a great expense the basement entrance or any other yard location of the home that has existed for many years. 3. The variance granted herein is not substantial, owing the location of the detached 22' by 15' garage also in an existing rear yard and closeness of the garage to the applicant's home as well as the distance to neighboring homes. 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. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, 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 Simon, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 5/19/05 plan prepared by Penny Lumber and copy of the 5/25/2005 land survey with applicant's location noted and received July 5, 2005. 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 (CI)~irwgman,,)~ Orlando, Dinizio, and Simon. Goehringerwas absent. This Resolution wa~d u.I/~d/~ )~ Vince'~t -~lan~V~ ~airman 9/~05 Approved for Filing (Member o~ / / / N S 110,89, I":- 2_0' NOI~J¥~} zpqumq ~xuu~d 9EI3J. N3D 9N1~OO93 (]NV 3~IOH b 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): 2:05 p.m. EDWARD A. LINKER JR. #5751. Request for Variances under Sections 100-33 and 100-244, based on the Building Department's June 8, 2005 Notice of Disapproval concerning: (a) a proposed addition at less than 35 feet from the rear lot line, and (b) a portion of the existing accessory garage will be in a new side yard area after the new construction, instead of a conforming rear yard, at 285 Oyster Ponds Lane, Orient; CTM 25- 1-7. 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) 765-1609. Dated: July 19, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2005 TO: Edward Linker P O Box 475 Orient, NY 11957 Please take notice that your application dated June 2, 2005 For permit for an addition to an existing single family dwelling at Location of property: 285 Oysterpond Lane, Orient County Tax Map No. 1000 - Section 25 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming lot in the R40 zone is not permitted pursuant to Article XXIV Section 100-244 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 100-24, are nonconforming and have not merged pursuant to 100-25." The required rear yard setback for lots less than 20,000'feet is 35' feet. The proposed construction is 24' feet. Also, the proposed construction will create a nonconformity with respect to the accessory garage. Pursuant to 100-33, "accessory buildings ... shall be located in the required rear yard". Authorized Signature APPLICATION Fee: $ N/OD Office Notes: Parcel Location: House No.[. THE SOUTHOLD TOV~qN BO.~RI~F APPEALS , . For Office Use Only Lot(s) ~l Lot Si~e~one District SCTM 1000 Sectiong--~ Block I (WE) APPEAL THE WRITTEN DE~_ERMINATION OF THE BUILDING INSPECTOR DATED: '~"-'O~N)k~ _~/ ,'~-~-~ Applicant/Owner(s): ~- ~'~k,,J t~' f),~'~ Mailing ~),~ Address: Telephone: NOTE: If applicant is not the owner,--state If applicant Is owner's aUorney,~aagent, architect b ' act vendee, etc. Telephone: Please specify who you wish correspondence to be ma~"~to, from the above listed names: '"~pplicant/Owner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED'~O{x~.~ FOR: '~1 uilding Permit [] Certificate of Occnpancy [] Pre-Certificate of Occupancy 151 Change of Use [] Permit for As-Bnilt Constrnetion 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: ~ 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 [] hasXJ~has not been made with respect to this properD, UNDER Appeal No. Year 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: (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 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 (~o. This is the MINIM~tIM 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 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE TId[E ATTACHED USE VARIANCE SHEET: (Pleas~ ~~ Sign'lr~-of Appellant or Authorized Agent ~ ..~'~a.)/ (Agent must submit written Authorization from Owner) SwornAf~']oefore me No~f'l~lic~' CYNTHIA M. MANWARING NOTARY PUBLIC, STATE OF NEW YORF NO:O1MA6100507 QUALIFIED IN SUFFOLK COUNT~'~ COMMISSION EXPIRES OCT. 20 ~ \ PROJECT DESCRIPTION (Please include with Z.B.A. Appliestiou) If buildin~ is extsting and alterations/additions/renovations are proposed.' A. Please give the dimensions and ovsrall square footage ofgxtensions beyond existing building: Dimensions/size: Square footage: 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: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimermion/size: Square i~ootage: Heigh!r' Ill. Pu,p'ose and use of new construction requested in this application: IV. Additional information about the sarronnding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): ~- V. Please sub,nit seven (7) photos/sets after staking comers of the proposed new constructioF~. 7/0'2 Please note: Further changes, after submitting the abe ye information, must be placed in writing and may require a new 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 (765-1802) or Appeals Department (765-1809) t_f you are not sure. Thank you. 8