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Home My WebLink About5763 APPEALS BOARD MEMBERS Ruth D. Oliva. Chair,a oman Gerard P. Goehringer Vincent Orlando Jame', Dinizio. Jr. Michael A. Sitnon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road l at Youngs Ax enue) Southold. NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD ~" Tel. {631) 765-1809 · Fax (63D 765-9064 ~ ~"~' FINDINGS, DELIBERATIONS AND DETERMINATIO~OUthO MEETING OF OCTOBER 27, 2005 ZB File No. 5763 - PETER SABAT Property Location: 4895 Peconic Bay Boulevard, Laurel CTM 128-1-17 Section 100-244, based on the June 24, 2005 Notice of Disapproval concerning a deck, open to the sky, with gazebo addition to the existing single-family dwelling, as-built in a location less than the code-required 35 feet from the rear lot line 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 6,550 sq. ft. parcel has 90 feet along Peconic Bay Boulevard and is improved with a two-story frame house with attached carport and as-built wood decks and gazebo structures, as shown on the April 5, 2005 survey, amended August 4, 2005 by John C. Ehlers, land surveyor. BASIS OF APPLICATION: Building Department's June 24, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit concerning an "as built deck with gazebo addition which has been located at less than the code-required 35 feet from the rear property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 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's open, unroofed deck, inclusive of the two 12' x 12' gazebo structures, extends 22.5 feet from the rear of the dwelling, 12 feet from the rear property line, at its closest point. The entire structure extends 36 feet in width at the rear of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa, ge 2 - October 27, 2005 ZB File Ref. 5763 - Peter Sabat CTM 128-1-17 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is open to the sky, and the roofed gazebos are open on the sides for use seasonally in warmer weather. The lot coverage meets the code at 19.1+-%, and the side yard setbacks substantially meet the code requirements. In viewing the area, it is noted that there are similar setbacks for existing buildings on many of the lots in this neighborhood. Gazebo structures, when detached, are required to be in the rear yard, not dissimilar from the location requested in this application. 2. The variance granted herein is substantial. The code requires a minimum of 35 feet and this is a 23 ft. reduction. 3. The difficulty has been self-created. 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 open deck addition with two gazebo structures, 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 Member Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the April 5, 2005 survey, amended August 4, 2005 by John C. Ehlers, land surveyor. 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. (The Zoning Board of Appeals reserves the right to require a new application in the event of substantial or unreasonable change with respect to these diagrams and zoning nonconformity.) Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolutior~s duly adopted (4-0). Ruth D. Oliva, Chairwoman 11/.2_,f,/05 Approved for Filing SUR~IE¥ OF= ~ITt)ATE: LAUI~.EL TOI~IN: 5Ot)THOI~ 5bTT', OLK OOUNT~, SURVETEO O4-O5-2OO5 LOT COVERAGES 08-04-200~ SUFFOLK COUNTY TAX ~ IOOO-128-1-1~ N E ,~ ~ ': ~'o/'4' C,.~'"' "x~ ~ ~ . ~ ,~ ) ~.,~ . ,%. NOTES: · ~ONU~ENT FOUN~ AREA = 8250 S.F. or 0.20 ACRE AREA OF HOUSE 81~ S.F. OR q.5 95 AREA OF CARPORT 22q S.F. OR 2.7 96 2 2005 AREA OF DECK AN~ GAZEBOS 587 S.F OR 6 q 95 TOTAL AREA LOT COVERAGE I,~2q S.F. OR Iq.I 95 ®~APHIC 5GALE I"= 20' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIE NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Ip server\d~l?ROS\05-155.pro LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 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, October 20, 2005, at the time noted below (or as soon thereafter as possible): 1:30 p.m. PETER SABAT #5763. Request for a Variance under Section 100-244, based on the June 24, 2005 Notice of Disapproval concerning a deck, open to the sky, with gazebo addition to the existing single-family dwelling, as-built in a location less than the code-required 35 feet from the rear lot line, at 4895 Peconic Bay Boulevard, Laurel; CTM 128-1-17. 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 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 24, 2005 TO: William Goggins Esq. For Peter Sabat PO Box 65 Mattituck, NY 11952 Please take notice that your application dated June 17. 2005 For pemfit for an "as built" deck with gazebo addition to an existing sioglc flintily dwelling at Location of property: 4895 Peconic Bay Blvd., Laurel, NXtr County Tax Map No. 1000 - Section 128 Block I kot 17 Is returned herewith and disapproved on the followiog grounds: The "as bailt" 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 mininmm standards for granting of a buildint~ permit lbr the principal buildings of lots which are recognized by the town under 100-24,~e nooconforming and have not merged pursuant to 100-25." The [e_q~_fired rear yard setback for lots less than 20,000 sq. lt. is 35'. The survey fbr this lot indicates a rear yard setback of approximately 12'(feet). t Authorized Signature 0 R1 GIN A,L AlqqACA'HON TO TilE $OUTIIOI,D 'UOX~, N B( ParcelL.calion: IlouseNo. 4895 Street~~~llan tPi'EALS ~N~N~G_.~O~RD OF APPEALS SCTM 1000Sedion 128 Block i I,o¢(~)_ 17 I,otSize .213 ZoneDistriclR-40 l (WE) AIq'EAI, TIlE WRITTEN DETEI~I INATION OF TIlE BUILDING INSPE( 'TOR liATI(1): June 24~ 2005 Alqflicant/Owner(s): peter ~h~e Mailing Address: 4895 Peconic Bay Boulevard. Laurel .. N~w Yark II 9aR Telephone: NO'lE: lfalqllcantism I Iheon e ,s a e fall icantisowner'sailo~neY, agrn{.atchileeLbuilder, contract vendee, cie. AuthorizedRcl}resentative: ~]l~nm C. Goggin~. E~;q Address: P.0. Box 65 13105 Hain Road: HattStuck, Sew York I1052 Telellhone: 631-298-4200 Please specify who you wish correspondence to be mailed lc, h'em tile above listed names: L] ,\pldicanl/Owner{s) D Authorized Representative [] Other: WIIIJREllYTIIEBUII,DIN(;INSI'ECTIIP, DENIED AN AI'PIACA. TIONI)ATED June 24, 2005 I:OR: LI Ihlihling i'ermi{ L3 Cedilicale of Occupancy L] lh'e-Cerlificate ill' Occupancy El Change uf [[se XlPerufit for As-Built Construction Other: Provision of the Zuniug Ordinance Appealed. Indicate Article, Sectiou, Subsectian and paragraph efZoning Ordinance by numbers. Do not quote the cede. Article Xxrv Section 100- 244 Sllbsectien Type of Appeal. An Appeal is luade fei': ~[ A Variance ~,, tile Zoulng Cade er Zoning Map. H A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Inlerpretation of lite 'I'ox~ n Code, Adicle Secliou D Reversal or Oilier A prior alqleal El has ~1 has no( been made with respecl to this properly UNDI(I~, Appeal Year REASOIN$ !:¢)1 tonal sheets may be used wilh apl i~nalm'e): ARF,.,I IgIRIAN('F. RI':..INO,¥N: (1) An umlcsirablc dnm~e ~ill m~l be I.'.duced in Iht CIIAILt('TI':I( of Ibc nei~hlmrhood er ~ delrimeal Io nearby lu'operlics if granlcd, because: A~i lo~s in ~he area are.~ess ~h~n 20,000 square feeE w~h a rear se~ back ~hat does no~ confo~ Eo ~he code. (2) The benefit sought It)' the applicant (',~NNOTbe ;,chievedby s.me method feasible fo.'llte al)plicanliopursue, otllerlhananareavariance, hccause: A deck is a reasonable use, a deck permitted under the code would result in s one(1) foot deck (house is set back 36' from rear yard). (3) Theamountofreliefrequestedisnotsubstauliallmcause: 460+/- square foot deck is a reasonable size. (4)'l'hevariancewillNOThaveanadverseeffeelo' I cttmlhephvsicalo]'envireuntenlalceudiliens intheueigldmrbood ordislriclbecausc: The rear yard property line is shared with Laurel Links Golf Course, and thus has no adverse impact upon it. (5) Ilas Ihe alleged difliculty been sclf-crealed? ( )",'cs, or {,X)No. The deck was built by a contractor, who advised owner that a permit was not required. This is lite MINIblUM Ihat is necessary anti adequate, and at lite same lime p]'escrve and lu'otecl the character of lite neighborhood aud the health, safety, and welfare of lite community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASECOMI'I,ETET[IE Sigmtturc of Apl}dlaul or ~lot'ked Ag¢nl Sxsorn to brfm¢ me Ods ~)'of JuLy ... DONNA M. PALMER Notary Public, State of New York h.,o 01 ~,~.5069978, .,Suff,,o~k P= FIVED JUL g 8 2005 ZONING BOARD OF APPEALS PltOJECrl' I)ESCIIAPTION (Please include wilh 7,.B.A./',lq~lication) Applicant(s) ___Pq~eE Sa_b~a_t~b_.y__I4~.Z.LiaiaL~.Gegg,:m~ I[. lfbuildingjs existing an__d alterations/additions/lenovations are prt~oscd.'. A. Please give the dinmnsions and ovmal[ square fi~otage of extensions beTo_.td existing b_t~ldin~gk Dimensions/size: [9' b_y 24.' Square footage:_ 460 +/:-. B. Please give thc dimensions and square footage of new [noposcd £otmdation areas which do not extend be'feud the e_xistin_g~buil4~ Ditnenaions/size:~ Square footage:__ N/A _ II. If land is vacant: Please give dimensions an,I ovclall square footage of new ¢.nstluctionz Dilnctu;ioB/size: N/A Square ¢~otage: Outside de~k__in~clusJoze_~f_~_e4>~er_ed_a~ea a~ pe~ plan.. ...... IV. ~\dditional inft)rtnatit~ about the aur~oumling contoul:; ,.l' ttc:uby buildings thai ~'late t¢~ lite diflicttlty in mcetiug thc code ~cquiletnent(s): 5ma~ I°~ E~zes ~eated ~.~ year~o. - .... V. Plea:qe submit seven (7) i~hotos/sets after staki.g comer:; ofth~, p.*l,~scd new t:tqlslltlcliotl. 7/02 ['ica.re ~lotc: ["'itrthcr c]ictngcs, after ~ubmitting thc above D!/~,rm~tlion, nnt.yt I~c t,laced in writDW ami may reqtdre t~ new Notice ~¢'f)izapprov~l to sh,m, changes to the initial ld, tnx. ~t'addition,tl time i,r ne~rled, pleaxe c~ntact o.r %~ce, or please check n'ith Building Delklrtment (765-1,~02) , : .Ipl~e,d.r Dq)a~'t~netlt (765 18t)91 [~'3'OH ,aFC ~lot SIt/'C :l'lt,t~k l'ot*. /8 z"-/- -/3 ~L