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APPEALS BOARD MEMBERS
Ruth D. Olix a. Chairwoman
Gerard R Goehringer
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
Southold Town Hall
53095 M[ain Road * RO. Box I 179
Southold. NY 11971-0959
Office Location:
Town Annex/Fir,,t Floor. North Fork Bank
54375 M[ain Road {at Youngs Avenucl
Southold, NY 11971
http://southoldtow n.north fork.net
RECEIVED
BOARD OF APPEALS
TOWN OF SOUTHOLD ~;~""~ ~
Tel. (631) 765-1809- Fax (631) 765-9064 dUI. 1 4- 200§
MEETING OF JULY 7, 2005
ZB Ref. 5728 - EDWARD and BEATRICE SAWlCKI
Property Location: 600 Marratooka Lane, Mattituck CTM 115-3-14
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 24,000 sq. ft. parcel has 120 feet along
Marratooka Lane, and is improved with a one-story residence with garage and accessory shed, as
shown on the January 3, 2005 survey prepared by Stanley J. Isaksen, Jr.
BASIS OF APPLICATION: Building Department's February 9, 2005 Notice of Disapproval, citing
Sections 100-242A and 100-244 in its denial of an application for a building permit to construct a
proposed addition with alterations to the existing dwelling. The reason stated for disapproving the
application is that a new nonconformance will be created with a proposed setback at less than 50
feet from the rear property line.
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 construct an 8' by 12' bathroom
addition at the rear (north yard) of their home, at 21.1 feet from the rear lot line.
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 property has frontage along three streets.
The 96 sq. ft. addition is necessary and is for the purpose of providing handicap at the rear of the
dwelling. The small addition will not be visible, located between the existing shed and the rear of the
house. The purpose of the bathroom is to provide wheelchair access and handicap facilities.
P. age 2 - July 7, 2005
ZB Ref. CTM 115-3-14
ZB File No. 5728 - E. and B. Sawicki
2. The relief granted is not substantial, allowing a 96 sq. ft. addition to the dwelling in the rear yard.
3. The difficulty has not been self-created. The dwelling is nonconforming with a 29.3 ft. rear yard
setback.
4. No evidence has been submitted to suggest that this variance wilt have an adverse impact on the
physical or environmental conditions in the residential 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 Goehringer, seconded by
Member Dinizio, and duly carried, to
GRANT the variance as applied for, as shown on the January 3, 2005 survey prepared by
Stanley J. Isaksen, Jr. and construction diagram prepared by Donald G. Feiler, Architect
date-stamped June 20, 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 (Chairwoman), Goehringer, Orlando, Dinizio, and Simon.
This Resolution was duly adopted (5-0~
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Ruth D. Oliva, Chairwoman 7/~_../05
Approved for Filing