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HomeMy WebLinkAbout5730APPEALS BOARD MEMBERS Ruth D. Oliva. Chair~oman Gerard P. Goehringer Vincent Orlando Jame~ Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road l at Youngs Avenue l Southold. NY 11971 http://southoldtown.nort h fork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD RECEIVED ~,~-~ ;q Tel. (6311 765-1809 · Fax (63D 765-9064 . ,~, '[ 2005 FINDINGS, DELIBERATIONS AND DETERMINATION' $outhold Town Clerk MEETING OF JULY 21, 2005 ZB Ref. 5730 - Arlene and Peter Manos Property Location: 2000 Sound Drive, Greenport CTM 33-1-18 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 28,884 sq. ft. parcel has 100 feet along the north side of Sound Drive, 275.63 feet deep and is improved with a single-family dwelling. BASIS OF APPLICATION: Building Department's April 22, 2005 Notice of Disapproval, citing Section 100-239.4A(1) in its denial of an application for a building permit to construct new additions and alterations to the existing dwelling. The reason stated for disapproving the application is the construction is not permitted at less than 100 feet from the top of the bluff of bank. 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: AREA VARIANCE RELIEF REQUESTED: The applicants wish to add a two-ft, enlargement in the reconstruction of the existing one-story porch, resulting in a 65 ft. setback from the top of the bluff. The existing porch is shown on the 4/19/05 site map prepared by Garrett A. Strang, Architect, 51 feet from the top of the bluff at its closest point. 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 two ft. extension is in an easterly direction and will bring the house construction no closer to the bluff than the setback that exists. Page 2 - July 21,2005 ZB File Ref. 5730 - A. and P. Manos CTM 33-1-18 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The expansion is minor and the easterly side is the only option available to maintain the existing setback. A greater setback variance would become necessary if the new extension were proposed on the opposite westerly side. 3. The variance granted herein is not substantial. 4. The difficulty has been self-created based on the existing nonconformity. 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 an enclosed porch 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 Chairwoman Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the 4/19/05 site map prepared by Garrett A. Strang, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject properly 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), Goehringer, Orlando, and Dinizio. (Member Simon was absent.) This Re~s~lution was duly adopted (4-0). f/ Ruth D. Oliva, Chairwoman Approved for Filing HAP OP "SECTION POUR, EASTERN SHOP, ES" t=1! Fr~ tH'At:~F,H '7, ICt~,~ t:::1! F No. ~-58)~ 51TUA'F~-. ~PORT TOl~,h EX:::;)UTHOLD ~UFFOLK COUNt, NY SURVEYED OI- I,,5-O,2. N W '~z E S SUFFOLK COUNT"r' TAX :~ IOOO-~-I-I~ CERTIFIED TO: ARLENE h4ANO~ PETER MANOS ,~?~0 NOTES: · IviONUI"IENT FOUND AREA = 28~,¢~4 5F OR 0.66 Ad-RES C. EHL ANNOTATED FROM NYS DEC COASTAL ERO.~,ION HAZAI~D AREA HAP, TO~',IN OF SOUTHOLD, SUFFOLt< COUNTY, NEP/ YORI~ 'PHOTO No. 5~-5q5-~3 SHEET 13 OF 4q FLOOD ZONE LiNE A5 ANNOTATED FRO~ FI~ HAP NUMBER ~610~OOI5~ ¢ DATED HAY 4, Iqq~ ELAVATON% ~HO~N REFE~ENOE N~V~'2q JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\FIp server~d~PROS\O2-lOS.pro 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): 1:40 PM ARLENE and PETER MANOS #5730. Request for a Variance under Section 100 239.4A (and 100-242A), based on the Building Department's April 22, 2005 Notice Disapproval, concerning proposed addition with alterations which creates a new degree nonconformance, proposed at less than 100 feet from the top of the bluff or bank of the Lon Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1-18. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at ea hearing, and/or desiring to submit written statements before the conclusion of each hearing. Er hearing will not start eadier than designated above. Files are available for review during regu 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 OF SOUTHOLD BUILDING DEPP~-.TMENT SOUTHOLD, N.Y. NOTICE OF DISAPPRO~'AL TO: Garrett Strang A/C Peter & Arlene Marius 230 Traveler Street Southold NY 11971 DATE: April 22, 2005 Please take notice that your application dated April 20, 2005 For permit for additions and alterations t~o an existi~nq single fa._mil¥ d_.wellin_g_at Location of property: 2000 Sound Drive Green oft, NY County Tax Map No. 1000 ~ Section 3..~3 Block l Lot 1~8 Is returned herewith and disapproved on the following grounds: The ro used construction on this nonconformi ~ ........ .L~ ,,unc, .... n~ .squa~re foot lot is not permitted pursuant to Article XXIII Section 100-239.4 A I which states. "All buildin s located on lots ad'acent to sounds and u on which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than one hundred 100 feet from the Note to Applicant: An3, change or deviation to the above referenced application, may require further review by the Southold Town Building Department. - CC: file, Z.B.A. 1 ONE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Mailing a Address: ~o ~ Telephone: ~J~ ~ /;/t~3' Fax: Telephone: 7(~ 5'- - ,5- 4 ~-~' Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: £~ Applicant/Owner(s) ~ Authorized Representative [3 Other: FW2RE:REBY THE BUILDUNG ~NSPECTOR DENIED AN APPLICATION DATED /(~£ //. ~ Building Permit [3 Certificate of Occupancy [3 Pre-Certificate of Occupancy [3 Change of Use ~ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appeaicd. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article X X/l/ Section 10o- ~q . Subsection ~A fJ.) T)~e of Appeai. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. A Varianre due to lack of access required by New York Town Law-Section 280-A, U interpretation of the Town Code, Article Section L~ Reversal or Other A pri~oj~ appeal ~ has [3 has not been made with respect to this property UNDER Appeal No. ~Year 2~ JIB COUNTY OF SUFFOLK © J Real Property lex Service Agency J REASONS FO.R APPEAL. (additional sbee~s may be psed. with ppplicant's signature): APo~A VARIANCE REANON,¥: (1) .An undesirable change wifl not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties ff 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) H~ the alleged difficulty been self-created? ~gJYes, or ( )No. This is the MIN1MUM that is necessary and adequate, and at the same time presers-e and protect the character of the neighborhood and the health, safety, and welfare of the communit). Check this box { ) IF A USE VARLANCE IS BEING REQUE~I'ED, AN1) PLEASE COMPLETE THE ?tTTACllED USE VARIANCE ~art3ara A. 8trang NOTARY PUBLIC, New York No. 4730095 Qualified - Suffolk County ~rnm .F'~Dires Jul',/31, QUESTIONNAIRE FOR FH,ING WITH YOUR Z.B.A. APPLICATION A. Is thc subject premises listed on the real estate market for sale? l, Yes ~ No B. Are there any proposals to change or alter land contours? L~ Yes ~No C. o CEIV D MAY 2 4 2005 ZONING BOARD OF APPEALS 1) Are there an)' areas that contain wetland grasses? 21 Are the wetland areas sho~a on the map submitted with this application? 3) Is thc properS.' bulkheaded bchveen the wetlands area and the upland building area? 4) If your property, contains wetlands or pond areas, have you contacted the office of the Tov,~a Trustees for its determination of jurisdiction? Please confmn status of ),our inquir~ or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there an3r patios, concrete barriers, bulkheads or fences that exist and arc not shown on the survey map that you are submitting? ~c~o~j~ (Please show area of these structures on a diagram if any ernst. Or state "none" on the above line. if'applicable.) Do you have any construction taking place at this time concerning 3 our premises? ,'~'~> '~ If yes. please submit a cop)' of your building permit and map as appro',cd by the Building Deparmlent and describe: H. Please hst present use or operations conducted at this parcel and proposed use (examples: existing: single-family: pmpos~t: same with garage.) Do you or any co-owner also own other land close to this parcel? ~ o If ) es. please label the proximity of_vour lands on your map a ith this application. 2 05 {Please include with Z.B.A. Applicationl I. ~bufldmg is emst~g ~d altemfion~additions/mnovations ~ pro~sed: A. Plea~ give ~e d~ensions of new extensions beyond exist~g foo~nnt of buil~g: Dime~ions offf~t floor e~ension: __ ~ r ~4o ' Directions of second floor: Dimetmions offl~r above ~cond level: Height (from gm~d to top of ridge): B. Please give ~e dimensions ~d sqmre f~mge ofne~ cons~ction over existing foo~l or over ff~st fl~r or ~sement ~e~: D~ensions of first floor: D~e~ions of second floor: Directions of floor a~;~ ~cond level: Height (from gro~d mmp of ridge): Sqmre footage for f~st fl~r: second floor: II. If land is vacant: Please give dimensions and overall lot coverage percentage and square footage of new construction fbr each floor: Dhnensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height Ifrom ground to top of ridge): fl[. Purpose and usc of new colastmction requested in this application: IV. Additional information about the surrounding contours or nearby buildings that relate to the difficult, in meeting the code requirement(s): V. P~eas~ subtmt seven (7) ph~tos' ~abe~ed to sh~w area ~f pr~p~s~d c~ns~ructi~n ~r existing yard areas for which variance relief is requested (after staking comers for new construction). Please note: Further changes, after submitting the abo~,e in./brmation, mttgt be placed in writing and m~, require a new Notice of l)isapproval to show changes to the inithrl phms. If additional time is needed please contact our office, or please check w#h Buihtmg Department (765-1802) or ~lppeals Department t 765-18091 ~f.$'ott are not Sttre. Thankyou. 7 02: Z 05