Loading...
HomeMy WebLinkAbout5851 53 -f~\(l."rS \Jn~cO_nn__ __nnn____m/%_~ \ '4 S S exv.\ ~ \(r~ fC&. G IV f' r ~j.3 6s Po PH g. ILl '0 l( OuM-fl.'; (cJI'. S f I) S'If ~ r:,/.~ If! A ,,-'1-0'/ !};)/~ 5"8 51 ~ ~ -p .~ '-/ a.-lJ.!-t {i:= -fJ;l,J1 )/3 /OIP .~;4 f? If 4. APPEALS BOARD MEMBERS. Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . MaiIin~ Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 1197 I -0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY I 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 13, 2006 ZB File No. 5851 - JOHN and MARION BRANDVOLD Property Location: 1955 Bay Shore Road, Greenport CTM 53-4-10 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 18,905 sq. ft. parcel has 50 ft. frontage along the east side of Bay Shore Road, 322.18 ft. along the northerly side line, 344.03 feet along the south side line, and 54.57 feet along Pipes Cove. The property is improved with an one-story, single-family dwelling with deck as shown on the September 18, 2002 survey prepared by Joseph A. Ingegno, L.S. The existing dwelling is 52 feet to the bulkhead and has side yards at 8.9 feet and total side yard of 17.9 feet. BASIS OF APPLICATION: Building Department's January 30, 2006 Notice of Disapproval, citing Sections 100-242A, 100-244 and 100-239.4B, in its deniai of an application for a building permit to construct a proposed four-foot extension to this proposed dwelling reconstruction. The reason stated by the Building Inspector in the denial is that the new construction will be less than 75 feet from the existing wood bulkhead, less than 10 feet in a single side yard, less than 15 feet on the opposite side, and for a total side yard area at less than 25 feet, and making reference to the Walz Interpretation No. 5039 for the proposed addition(s). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, 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 additional four-feet proposed as an extension, increasing the depth of the deck to 12 feet. 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 deck was previously approved by this board (Appeal No. 5516) and the applicants wish to extend the deck 4 feet in order to allow for more room. The new deck extension will not extend beyond the minimum 9 ft. side yard limitation on the north side, or 9.5 feet on the south side. Also the pre-existing, nonconforming setback of 44.5 feet between the deck and the bulkhead will remain the same after construction, as noted on the July 13, 2004 site plan and revised 2/6/06 partial site plan prepared by Meryl Kramer Architect. Page2-ApriI13,2006 I l:B File No. 5851 - J. and M. Bran d CTM No. 53-4-10 . 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 Zoning Board of Appeals must approve any changes made to an existing variance. 3. The variance granted herein is substantial. It represents nearly a 50% increase in the deck area over that approved previously by this board, although the side yard variances are not substantial and represent minimal change from the pre-existing location of the dwelling and applicant's plan to keep the foundation in place and adjust the angles to square off the dwelling to the property. 4. The difficulty has been self-created 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 a four foot extension of the open deck construction, while preserving and protecting the character of the neighborhood and the health, safety and weifare 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 Weisman, and duly carried, to GRANT the variance as applied for, as shown on the revised 2/6/06 partial site plan prepared by Meryl Kramer Architect, subject to the condition that the open roofed porch and deck remain open to the sky. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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 s are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairw Resolution was duly adopted (5-0). Weisman. This ell .: o ;0 rT1 ;0 o )> o . ~ ! z I~ N 45- 47' 20"E .. .. . .. :E o ~. ~ I a. i~ 5 47'2O"W \ ISTlNaUPnctoll! 10 ""'~Ne:OIN.PIJCI! "JMPORY'fII.l.WIT~ CL!.\l'ISM04Q1W/El. TEST . . /PHOTO. 1 'JOIf GNNZUMA IWHLElNZUM ~I ~ LOT" ."" =... . \ \ EoaEROW . I \322.18' - ')' U' ~ \ ",~:;.o \ ~,",' ~" K"-'" U. \ ~ '1b. 'b l \U \" ~ \ \ ~ \ ~ Q LD"" \ \ .. \ \ 'IDI' OEOftOEIItAUN" Jtt.fIINEM.IIWlN LOT" '.PHOTO'2 PARTIAL SITE PLAN BRANDVOLD RESIDENCE REV. 2/8/06 1"= 40' MER Y L K RAM E R architect 31 SOUTH STREET P... BOX 683 GREENPORT, ,y 1194. .ai.477..7.. . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of South old, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MARCH 30. 2006: 9:55 A.M. JOHN and MARION BRANDVOLD #5851. Request for Variances under Sections 100-242A, 100-244, and 100-239.4B, based on the Building Inspector's January 30, 2006 Notice of Disapproval concerning an application to change the scope of work granted under ZBA #5516 relative to a proposed new single-family dwelling, after removal of the existing dwelling. The reasons stated denying the building permit application are that the new construction will be less than 75 feet from the existing wood bulkhead, less than 10 feet in a single side yard, less than 15 feet on the opposite side, and for a total side yard area at less than 25 feet. Location of Property: 1955 Bay Shore Road, Greenport; CTM 1000-53-4-10. 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 contact our office (631) 765-1809, or Iinda.kowalski@town.southold.ny.us. Dated: March 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . ~~ , FORM NO.3 NOTICE OF DISAPPROVAL DATE: January 30, 2006 TO: Meryl Kramer NC Brandvold 124 Broad Street Greenport, NY 11944 t8J 5f)"( Please take notice that your application dated January 30, 2006 For pennit to reconstruct an existing single family dwelling at Location of property 1955 Bay Shore Road. GreenDort. NY County Tax Map No. 1000 - Section 53 B10ckA Lot...lQ Is returned herewith and disapproved on the following grounds: The DroDOsed construction. on this non-confonning 18.905 SQuare foot Darcel in the R-40 District. is not Dennitted pursuant to Article XXN Section 100-242A. which states: 7 "Nothinl! in this article shall be deemed to prevent the remodeling. reconstruction or enlargement of a non-confonning building containing a confonning use. Drovided that SUcA- action does not create any hew non-conformance or increase the del!ree of non-conformance with regard to the regulations Dertaining to such buildings." Article XXIV. Section 100-244 states that on non-confonning lots less than 20.000 sauare feet in total size. are recurred to have a minimum side yard setback of 10 feet and a total side yard setback of 25 feet. The existing sine:1e family dwelling has a single side yard setback of8.9 feet and a total side vard setback of 17.9 feet. which will be matched by the new construction. Pursuant to the ZBA's interoretation in Walz (#5309), such'additions and alterations will thus constitute an increase in nonconformance. In addition. the mODosed construction ifnot Dermitted Dursuant to Article XXIII. Section 100-239.4.B.. which states. "All buildings located on lots UDon which a bulkhead. concrete wall. riDraD. or similar structure exists and which are adiacent to water bodies other than sounds shall be set back no less than 75 feet from the bulkhead." The existing single family dwelling notes a setback of 52 feet from the existing wood bulkhead. Following the proDosed construction. the setback will be 40 feet. The aDDlicant was granted a variance on November 4.2004 (#5516), however the SCODe of the work has ch uirin new . ces. . F... Office Uu Ollly Date.t. '..:. d/~t:IltNo. =n 6 APPLICA nON TO THE SOUTHOLD TOWN BOARD OF APPEALS ParW Location: House No.1 '15r:sstreet HamIet~ SCTM 1000 Scction5~ B1l1CkA-Lot(s)~Lot Size Zone Di8trict~ I (WE) APPEAL TIlE ~EN DETERMINATION OF. THE BUILDING INSPECTOR DATED: ?j/2-~ . Owner as Applicant: MAP-IDA! -t JOIt~Nt>\I0LD Mailing Address: y.2.~ fLANbOM6 Bt> . MANAAsslST I NY-1J!J?O TelePhone:~ Fax: NOTE: If applicant is not the owner, state if .pplica8t is owner's attorney, agea., architect, builder, contract 'Yeadee, etc. Authorized Representative : M~IZYL. i<l<AME:..R ~ I~ Address:--.fO P:tJ)( v;B~. GRBENmf'-.T b\Y. I~ .,. Telephone: 41--1- - CO 1- "b& Fax: ---A.3:3 - ert ~ Please specify who you wish correspondence to be mailed to, from tbe above listed names: o ApplicantlOwner(s) ruthorized Representative 0 Otber: WHEREBYTIIE BUILDING INSPECTOR DENIED AN APPlJCATION DATED -11 ':?O / 0& FOR: ~uiIding Permit 6 Certif"1ClIte of Occupancy 0 Pre-Certif"lCate of Occupancy o Change of Use . o Permit for As-Bullt Construction o Other: Provision of the Zoning OrdinaDce Appealed. Indicate Article, Section, Subsection and paragraph of Zoning om' * hy numbers. Do not quote.;." ptde. Article __ Section lOll- ~ubKdion />>Nt> XX 1\\ )( 100 - 2..44 '- - Type of Appeal. An Appeal Is made for: s-;("" Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 2llO-A. o Interpretation of the To..... Code, ArtIde Section o Reversal or Otber ~~~=~~u not been made with ....pect to this property UNDER Appeal ~T. lbO-'2.3"?A e: 1. " . - APPUCATION TO THE SOUTHOLD TOWN BOARD OF APPEALS PART A: AREA VARIANCE REASONS for PROPOSED ADDITION BRANDVOLD RESIDENCE SCTM # 1000-53-4-10 ZBA REF# 5516 2. 3. An undesirable change will not be produced in the CHARACTER of the neighborhood as a result of the proposed work. The proposed DECK addition will be in keeping with the traditional New England style of architecture of the surrounding houses and their setbacks. The benefit sought by this project cannot be achieved without an area variance. The amount of relief is not substantial. The proposed addition extends into the side yard the same amount as the existing house. The adjacent property has been given relief for a deck closer to the bulkhead than this application is requesting. The variance will not have an adverse effect on the physical or environmental conditions of the neighborhood. The proposed DECK addition will have little impact on the original variance that was granted. Yes. the variance has been self-created. The reason this work cannot be completed within the requirements of the code is that any work done to house which violates required setback will also be in violation. 4. 5. 6. . - Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA R<:fe",nce) '" II ~fDVOL:P ~ EF- '( L.I<AAMe<Z :fO P-.. e,rvma\e Prepared: -tli-/Q(P I. For Demolition of E~sting Building Areas . i:NT1 !kJus.~ Please ~be areas bemg removed: v V I R.E filiUS r::;.. 'P'C-P-.. :z.~ ~f"" ~ S~/{P -t reel::. f<E.PLAceD II. New Constroction Areas (New Dwell~ or New AdditionsfEnensions): ~ I 2":1~ Dimensions of first floor extension: fY'..K.. ~NSJOJ.I - )I II Dimensions of new second floor: Dimensions of floor above second level: Height (from f"mished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ill. Proposed Alterations or Interior Structural Changes without enlargement/extension (al1BCh exlIll sheet if neoessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and CJumi!es WITH Alterations: " IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: i J I ,(f) S Q.. Fl. Square footage of your lot: . Percentage of coverage of your lot by building area: ;{W!~~0~~~,~I.~h~~~5I{O VI. Please describe the land contours (flat, slope 0/., etc.) as exist and how it relates to the diff'lCulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show aD yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes), 7/2002; 2/2005; 112006 . I~D -..r J- OWNER -- TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET / '5 shoj(( lJ) )1/-9 N ItJ SUB. II' LOT tJ.: 3.z '~ /"' l"';'-tV '&k I VILLAGE DIST. E ACR. \Cl , b . BWG' 1= c.. RES. :llfJ SEAS. LAND IMP. S W ~PE O~,B~~~DING l~,~ MISe. Mkt. Value VL. FARM TOTAL DATE CON.M. CS. '-. REMARKS tI7/ / L-- I 'lJ- Vv\'" ?- /5'00 AGE BUILDING CONDITION NE\f FAPfA NORMAL BELOW ABOVE Value -.z.. :lla t~ 1 II-~~-~ t Acre Value Per Acre Tillable 1 Tillable 2 .- fj liable . 3 Noadland " ;wampland FRONTAGE ON WATERy',:: 01/ .; ~ /~ 0 D -- - FRONTAGE ON ROAD DEPTH BULKHEAD I 3rushland :) t' -louse Plat '-I~ol A/~ IV.(, rota I DOCK --...,:.-.,- ~ "- " .. - . - -. - --. ~.~ .~~~ ",' ..----- _. ---" -r ,l.t. , .f. ~..~ '\ l' ~ ',_. ':Il,~," I I I; '" .. _- I -- ~-- -- ~ .. ~~~Co:"~~~~~~. ;z- - ;.;.~..,..""",.ii,. j ,. 'I " . ." i. j(..' . 2: "j \J... '" . . M. Bldg. ~ ~ )( II =' ~ I g' Extension } 3><.;;( 1:. ;3 /.z.....l ~ ~ 0 1.-16' Extension '-' ' I Extension Porch Porch Breezewoy Gara~e ~ ~. Total 13X;;"0,: ;no J X 17 ':::s I If ~ I"" , 'J )! ,~:: 19 ! ~.- .; <' COLOR a-1.. 1/ TRI~ /Ill U. A ,. I~ p i-'~ II... I~ 1;".1 j;;:;~ 1'2~. . . "1 I~ _I.~ Foundation ~_'l3 Bath 'YO Dg' Basement PI) ;.-T Floors Ext. Walls '2-vt2~. Interior Finish 1f'lA1...~ . Fire Ploce Heat () ,t. Type Roof l-l.^f:> Rooms 1 st Floor Recreation Room I Rooms 2nd Floor Dormer . Driveway "l.A.!> S'-/ :2 ~:2 {' ," " '.I -rl I Dinette f/Ji/,/-e.. K. 'lU'h,,f, ;" _ LR. m,1 DR. y!-. BR. FIN. B. . =-:= I ) Z- " .-._~,-,,"=.., "----zz - ~I ~~" "-. I ~c.... r~_..,,, , ,. .~^ w".'.w, _~",,_.. SEE SEC. /IKl. O~S " 11.~A(d 1.' 10.lAlcl LA. t ~~ 12.& 98.0Alcl @ r .~ . @ , ~~ SEE SEC. f<<l. 057 ,~". -----._~-- ~Oll f>CL. NO. SEESEC.t<<l. 057-01-038.,1 ------7'-__ ...' ..,...... --2-- SrnOOlObh"I'tl1oe --S~H_ ~*artlll"r~, lme --~-- l#OL<SS OR"IN OTNfRflS<, '" PROPERTIES NOTICE e COUNTY OF ~ 0 --c__ IIt'''IJ/oh"'''lJ"" --R__ '" W'THIN '" I'OL.lO\lrNC OrSTRICTS, * . Real Property Tax FrroOI....,'ll.,. - '" SEIER "n M~INTfNANCf, Al TfR~ noN, S~lf 011 loI"'DIo"'l<ltlno --r_~ """'I<(jm",~, Uno -HST__ ~, " ~YORANT CNSTFli8IJTION OF ~NY PORTION OF THf COtnty Center RIver --- ,~, .. UT[R " StnOl~ COUNH ax MAP rs PROfllBlTfD l~!lIo;'~lllrlo --l__ .........,.llI....I<,,,..__.__ eo" R(:cUSl: . ~ SCAlEINFEfr --- p".-'Di..rl<tl.... --p-- ...,...,...-llI....~'l".,,_U__ -ll.MICE IlSTEuTE:R Im,wr IRlnfNPfRIlfjSSIONOFTIf: 'I 19G I s.."'-OI"""lloo --s__ RfAlPROPERnUXSfR\IICfAGfNty.