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HomeMy WebLinkAbout5712 North Drive, Matt. Lois Patricia Lesnikowski Divide two lots with insufficient area and width. ~/~/~- ~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chaimo~nan Gerard P. Goehringer Vincent Orlando James Dinizio. Jr. Michael A. Simon Southold Town Hall 53095 Main Road · Re. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road l at Youngs Avenue} Southold, NY 11971 http://southoldto~vn.nonh fork.net RECEIVED t"t~/ BOARD OF APPEALS ~: ,_~d> /?t~/ TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 dUL 1 4 2005 FINDINGS, DELIBERATIONS AND DETERMINATIO~,~, ~ MEETING OF JUNE 9, 2005 /.' ol.fhr. ldrow, Cl'e rk ZBA No. 5712 - LOIS PATRICIA LOCKVVOOD f/k/a LESNIKOWSKI Location of Properties: 600 and 620 North Drive, Mattituck; CTM 106-6-27 and 106-6-26. 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 owns two improved lots along North Drive in Mattituck, also shown on the Map of Shore Acres as Parcels M and N. Each lot is improved with a principal dwelling structure, referred to in Preexisting Certificates of Occupancy No. Z-30897 issued 5/12105 and No. Z-5044 issued 3/19/1973 by the Building Department. BASIS OF APPLICATION: Building Department's March 28, 2005 Notice of Disapproval, citing Code Section 100-32 in its denial of a request for a lot-line change between CTM Lots 27 and 26. The reasons noted in the disapproval are that the lot width (frontage) is less than the code required 150 feet, and the setback from the new lot line to the existing accessory garage building will be less than the code required 10 feet. 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: In the application, area variances are requested, which result from a proposed exchange of land area of 4,714 square feet, changing the division line between the two dwelling structures, and for the 9 ft. setback from the existing one-story frame accessory garage to the closest lot line. The relief requested is for: (1) a reduction from 99.05 feet to 90.47 feet in lot width for the southerly parcel (Lot M), and (2) an increase to provide a 9 ft. setback from the existing one-story accessory garage from the new lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted, because: a. Two lots (M & N) have existed since the filing of the Map of Shore Acres on January 3, 1914 in the Suffolk County Clerk's Office as Map No. 41. A modification of the common boundary line dividing the two parcels is requested. b. Each of the lots exceeds the minimum R40 area requirements. c. Neither of the existing lots had met the Code's 150 ft. width requirement. d. Lots M & N at 1.36 and 1.32 acres, respectively, are largest on North Drive. Shifting the lot line to the north so that it does not run through the garage and Lot M residence will not result in any change in the character of the neighborhood. Page 2 - June 9, 2005 ZBA File No. 5712- L. Lockwood CTM ~o. 106~6-27 and 26 e. The garage will continue to exist in current location, but boundary line wilt be moved 9 ft. north of the structure. 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: a. The parcels are unusually deep. Lot M's depth is 619.80' to 623.40' whereas Lot N's depth is 654.09' to 619.80'. Because of the lots' depth, lot width of the existing parcels already does not conform with the Code requirement of 150'. b. Given the depths, it is not possible to achieve the 150' requirement without totally reconfiguring the two lots to create a waterfront lot and an inland lot. c. A 10' setback for the garage might be achieved by moving the proposed 1' to the north and then, east of the garage, returning the line to the currently proposed location. The amount of relief requested is not substantial because the applicant's alternatives are restricted by the depth of the lots. Balancing other lot size and setback nonconformities, the applicant made every effort to meet code requirements: a) PARCEL 1 encompasses a majority of former Lot N, and the new width along the front yard adjacent to North Drive will increase from 118.06 feet to 126.64 feet. The rear yard width will be reduced from 84.48 feet to 66.83 feet. b) PARCEL 2 encompasses a majority of former Lot M, and the size will be increased from 59,091 sq. ft. to 63,805 sq. ft., with an 8.58 ft. reduction in the width, or frontage, along North Drive, from 99.05 feet to 90.47 feet. The rear yard width will increase from 98.77 feet to 116.42 feet. c) GARAGE: A setback variance of one foot is not substantial, given the size of the proposed lot size of 1.46 acres and the pre-existing location of the garage structure. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because no change in the physical or environmental conditions is requested. 5. The difficulty has not been self-created. The original structures pre-exist zoning and post-zoning additions have Certificates of Occupancy. 6. This is the minimum that is necessary and adequate, and at the same time preserves and protects 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 GRANT the variances as applied for, as shown on the August 24, 2004 map, revised 1-12-05 by John C. Ehlers, 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, Goehringer, Dinizio, and Simon. This Resolution was Ruth D. Oliva, Chairwoman 7/¥ ~7..,/05 Approved for Filing 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 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, JUNE 2, 2005: 9:45 a.m. LOIS PATRICIA LOCKVVOOD f/k/a LESNIKOWSKI #5712. Request for Variances under Section 100-32 based on the Building Department's March 28, 2005 Notice of Disapproval concerning variances for lot area and width in this R40 Zone, for a lot line change involving two lots, each with an existing dwelling, for location of the existing garage, which will be less than 10 feet from the property line after the change of lot lines. Location: 600 and 620 North Drive, Mattituck; CTM 106-6-27 and 106-6-26. 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) 765-1809. Dated: May 10, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPP.. ')VAL APR 2 ~ ~005 EONING BOARD OF APPEAL~ DATE: March 28, 2005 TO: Deborah Doty A/C Lockwood PO Box 1181 Cutchogue, NY 11935 Please take notice that your application dated March 25, 2005 For a permit for a lot line change at Location of property 600 & 625 North Drive, Mattituck, NY County Tax Map No. 1000 - Section 106 Block6 Lot 27 & 26 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot width required in the Residential R-40 District, accordin~ to the bulk schedule, is 150 feet. Following the proposed lot line change, lot l will measure 66 feet in width and lot 2 will measure 116.42 feet in xvidth. Although the new parcels will be nonconforming, parcel two will be come more conforming going from 98.77 feet in width to 116.42 feet in width. In addition, the proposed lot line change will result in the existing accessory garage beine 9 feet from the new property line, which is not permitted pursuant to Article III, Section 100-33 which states that such bui~cti, ng~s, must be at least 10 feet from the property line. Authorize/d Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. /~,'~G,~.'..'~ ~:;~t u For Office Use Only Fee:S__ FiledBy: ~,nL~"/~ Date Assigned/Assigament No. 57]D APR 2 fi2005 600 & 620 Parcel Location: House No. Street Nort_h Drive 27 & 26 SCTNI 1000 Section 106 Block 6 Lot(s) Lot Size1 .3+ A Hamlet Zone District Mattituck R40 I (V~qg) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 03/28/2005 Applicant/Owner(s): Lois Patricia Lockwood (f/k/a Lesnikowski) Mailing Address: BE) Box 1123, Hattituck, N~ 11952 Telephone: 631-298-8332 NOTE: [f applicant is not/he Owner, state if applicant is owner's attorney, agent, archltect~ builder, contract yen dee, etc. Authorized Representative: Deborah Doty, Esq. Address: 670 West Creek Ave, PO Box 1181, Cutchogue, NY 11935 Telephone: 631-734-6648 631-734-7702 Please specify who you wish correspondence to be mailed to, from the above listed nam.es: [3 Applicant/Owner(s) [~ Authorized Representative [] Other: %%~{EREBY 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: lot line change 03/28/2005 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100-32 & 3Subsection Type of Appeal. An Appeal is made for: Of A Variance to the Zoning Code or Zoning Map. 13 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal 13 has ~ has nat been made with respect to this property UNDER Appeal No. Year LOCK%% OOD (LESNIKO%% SKI) APPEAL I BACKGROUND Southold Town records reflect two lots: the southern lot (#M, #27) of 1.36 acres and the northern lot (#N, #26) of 1.32 acres. Each of the lots is assessed as a separate parcel bearing a tax code #210 designation ("one family residence"). The Tax Receiver issues a tax bill for each lot. The principal structure on each of the lots was built prior to 1957, and additions to the structures have Certificates of Occupancy from the Town. Each of those principal structures has its own well, septic, heating and electrical systems. However, the boundary line between the two lots runs through the residence and the garage on the southern lot. An application tbr a lot line change was made to the Planing Board in which the owner seeks the relocation of the conunon boundary line so that it no longer runs through the residence on the southern lot. The proposed line is drawn in an effort to achieve or exceed the minimum R40 side yard setbacks between the structures and the new property line. The area of the proposed southern lot (Parcel 2) is 1.46 acres and the northern lot (Parcel 1) is 1.21 acres - both exceeding the 1-acre Code requirement. The application is pending before the Planning Board which, at its March 18, 2005 work session, preliminarily indicated that it had no objection to the proposed lot line change. The Platming Board referred the matter to the Building Department. The Building Department disapproved the owner's application on two grounds: (1) each of the new lots has insufficient width, and (2) the setback for the existing accessory garage on the southern parcel is only 9". Part A:__ AREA VARIANCE REASONS 1. Att undesirable change will not be produced in the CHARACTER of the neighborhoo or a detriment to nearby properties if granted because: I~r. a. Two lot~ (M & N) have existed since the filing of the Map of Shore Acres whtch was filed on January 3, 1914 in the Suffolk County Clerk s office as Map No. 41. modification of the common boundary line is requested. b. Each of the lots exceeds the minlum R40 area requirements. c. Neither of the existing lots meets the Code's width requirement. d. Lots M & N at 1.36 and 1.32 acres respectively are largest on North Drive. Shifting the lot line to the north so that it does not run through the garage and Lot M residence will not result in any change in the character of the neighborhood. e. The garage will continue to exist in current location, but boundary line will be moved 9' north of the structure. 2. The benefit sought by the applicant CANNOT be achieved by some tnethod feasible for the applicant to pursue, other than att area variance, because: a. The parcels are unusually deep. Lot M's depth is 619.80' to 623.40' whereas Lot N's depth is 654.09' to 619.80' Because of the lots' depth, lot width of the existing parcels already does not conform with the Code requirement of 150'. b. Given the depths, it is not possible to achieve the 150' requirement without totally reconfiguring the two lots to create a waterfront lot and an inland lot. c. A 10' setback for the garage might be achieved by moving the proposed line 1' to the north and then, east of the garage, returning the line to the currently proposed location. 3. The amount of relief requested is not substantial because the applicant's alternative are restricted by the depth of the lots. Balancing other nonconformities, the applicant made every effort to meet code requirements - to wit: PARCEL 1: Proposed front yard width is approximately 105' and rear yard width is 66.83' versus existing (Lot N) front yard width of approximately 100' and rear yard width is 84.48' PARCEL 2: Proposed front yard width is 90.47' and rear yard width is 116.42' versus existing (Lot M) front yard width of 99.05' and rear yard width is 98.77' GARAGE: A setback variance of 1' is not substantial given the size of the proposed lot (1.46 acres) and the pre-existing location of the structure. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because no change in physical or enviromnental conditions is requested. 5. Has the alleged difficult3, been self-created? ( ) Yes. ( X ) No. If not, is the construction existing, as built? ( * ) Yes. ( ) No. * The original structures pre-exist zoning and post-zoning additions have Certificates of Occupancy. 6. Additional information about the surrounding topography and building areas that relate to the difficulo' in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessao' and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safe~ and welfare of the communio'. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorn©'.) Otherwise, please proceed to the signature and notary area below. DEBORAH DOTY as attorney for"f~licant Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) Sworn to before me this / 3r~'q day of April, 2005 OWNER FORMER OWNER TOWN OF SOUTHOLD PROPERTY RECORD STRE~ ~,9~ N S VILLAGE CARD LOT W DIST. SUB. ACE I /' .3 3 TYPE Of BUILDING SEAS. IMP. , ,/~ o _n 2 NEW NORMAL Acre VL. FARM COMM. CB. MISC. Mkt. Value TOTAL I~ATE REMARKS ' :-~o o I, ../ . I_/~,/'"/~ BELOW Value Per Acre ABOVE Value 2 Tillable 3 Woodland FRONTAGE ON WATER Swampland Bru~hland House Plot Total FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension Porc~ Porch ~3rage Potio -ff,o O Toto~ 7 ? ~P. Foundation Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath Flaors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floo~ Dine~e ?,*' - 0 K. DR. BR. FIN. B. OWNER TOWN OF SOUTHOLD PROPERTY STREET FORMER OWNER N S LAND J IMP. J TOTAL N~ NORMAL BELOW FA~ Acre Per Acre Tillable 1 2 Tillable 3 Woodland Swampland Brushland VILLAGE House Plot RECORD CARD DIST. SUB. LOT ACR. J /, ~3 ? TYPE OF BUILDING ~! .~.,,, . FARM COMM. CB. MISC. Mkt. Value DATE REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK _ Total TRI,M IlIIITIIJl I lJlll /11111 II F'lql~fH/ M. Bldg. Extension Extension Extension Porch oundation Basement Foil Bath Floors ~.~'! Ext. Walls /:cy// .z'~/ Interior Finish ~r',,/-/ /~.,~ Fire Place lid Heat Type Roof Rooms 1st Floor Recreation Room Rooms 2nd Floor Porch Dormer Breezeway Driveway Garage Patio O.B. Total SUP~V~YEE~ 08 24 2004 1'dAP PP--EPAi~-EP IO 14-~OO4, I 12-2OO5 SUPPOL~ COUNTY TAX 8 IOOO IO~-~ 2~ N S88°13'30"E -", 5~-.09' IKEYMAP Bayview Averse ?\ TAE~LE OP AP--5A5 DEPORE DOUNDAR'F LINE ALTERATION LOT I'1 - 5q,Oql 5P OR L.D& AGREE AREA OP PROPERTY ~51N~ EXCNANCED - 4,~14 5P APTER ~OUNDA~ LINE ALTERATION 'PARCEL I - b2,boq 5P O~ 1.21 ACRE5 JOHN C. EHLERS LAND SURVEYOR 6 EAST ~ STREET N.Y.S. LIC. NO. 50202 RIVEP31EAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~I-Ip setverklkPROS\04~266.pro