The URL can be used to link to this page

Home My WebLink About5873 .~~.t.m -.J'373 ~ Pis_E ~sE o-M W. PM 1:'//.'0& '-..DE~Y Il~ flNL1Eb' brUt,O! fl-A-T I/~l ) . . ':), 38 <I- -----;;0- ':-> APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . http://southoldtown.northfork.net Mailing Address: 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 Roa~ (at Youngs Avenue) SoutholB, NY1l97( RECEIVED ~ Ii ;' {)..$' 11'/11 ~J~~ .s ~~. " '.114~ SOl/f!mld Tr.v,,! Clerk L' , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 11, 2006 ZB File No. 5873 - LORETTA AND JOHN CAMPBELL Property Location: 1545 East Gillette Drive, East Marion CTM 38-4-23 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 applicants' property contains 10,000 square feet of land with 100 feet along the east side of Gillette Drive (and 100 feet along an unopened paper street referred to as Cedar Lane), and is referred to as Lot 79 on the Map of Marion Manor. The property is improved with a single-family, one-story frame home with detached shed, as shown on the May 9, 2005 survey prepared by John C. Ehlers. BASIS OF APPLICATION: Zoning Code Section 100-244, based on the Building Inspector's February 17, 2006 Notice of Disapproval concerning applicants proposal to construct with setbacks at less than 35 feet from the front yard lot line, less than 10 feet on a single side yard, and lot coverage in excess of the code limitation of 20% in this R-40 Low-Density Residential Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 27, 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 propose to remove the existing wood deck with steps at the south (side) of the dwelling, and to add a new deck, covered porch and enclosed addition with lot coverage at 29.79%, with set backs more particularly shown on the March 16,2006 survey/site map prepared by John C. Ehlers, Land Surveyor. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a substantial increase of building area from the existing 14.4% to 29.7% lot coverage. Also requested are a 7.7 ft. side yard measured from the northerly property line for a proposed enclosed addition, 26.5 ft. setback from the easterly lot line (adjacent to a paper street) for a proposed deck, and 28 ft. setback from the westerly front line adjacent to Gillette Drive for a 6' by 11.7' covered porch. The lot Page2-May11,2006 . ZB File No. 5873 - J. and L. Camp" CTM No. 38-4-23 . is small in size, which limits the owners' ability to make the home handicap-accessible and comply with both the minimum setbacks and maximum 20% lot coverage requirements. The alternative relief granted herein will provide more conformity to the code requirements, allowing a maximum 25% in lot coverage and 9 ft. side yard. The front yard reduction on the east side is from an unimproved mapped street (Cedar Lane) which shall not be less than 26.5 feet. 2. The benefit sought by the applicant can be achieved with a lesser variance for alternative relief granted herein, but without a variance an expansion would not be feasible for the applicants. The property has two front yards and two side yards, and under the definitions of the code is without a defined rear yard. Any expansion will require variance relief since the house is centered on the lot with the minimum westerly and easterly front yard setbacks at 36.5 feet and 34 feet, since the home was built in 1975. 3. The alternative relief granted is substantial. 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. After completing the notice requirements of Town Code Chapter 58, the applicants have not received objection or concerns related to the requested plan to construct. The property is elevated at 10 feet or more above mean sea level and is not adjacent to wetlands or tidal waters. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of proposed construction with handicap facilities, 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 Weisman, and duly carried, to DENY the lot coverage variance as applied, and to GRANT the following alternative relief: 1) lot coverage shall not exceed 25 percent; 2) side yard setback shall not be less than nine feet from the northerly side line; 3) front yard setbacks shall be as shown on the 12-14-05 construction diagrams prepared by Penny Lumber, and site diagram prepared by John C. Ehlers, last revised 3-16-06 and date-stamped by the ZBA March 20, 2006, except that lot coverage shall be revised and submitted to the Building Department to show conformity with condition #1 (maximum 25% lot coverage) and condition #2 for a minimum side yard setback of 9 feet. 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 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 Goehringer, Dinizio, Simon, and Weisman. (Chairwoman Oliva was absent.) This Resolution was duly adopt -0). Ruth D. Oliva, Chairwoman 5/ / /06 Approved for Filing SURVEY OF LO 1GJ MAP OF MARION MANOR FILED MARCH Ie. 1<153 FILE No. 203e SIlVA TE: EAST MARION TOY-IN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 05-0<1-2005 PROPOSED Ac.TIONS 03-06-2006 03-16-2006 SUFFOLK COUNTY TAX # 1000 - 3e - 4 - 23 U:lKlll'lllU TO: =~ \ C'l ,^ ? I:S' N\~ ."" 2l0').." ~O v' ~ \ N\~ ."" f'J..O').." SOJ LOT c.oYERAGE EXISTING HOUSE.....................I,25<l SF SHED...........................B6 SF DEGK...........................<l5 SF TOTAL.................. 1.440 S.F. OR 14.4% PROPOSED HOUSE................. 2.no SF SHED.........................B6 SF PORGH.....................b1 SF DEGK.....................b44 SF TOTAL...............2.<l61 S.F. OR 2<1.1% ~ .). '0 0, N W+E S () ~\ a;,~ ~ ~ It'l ~ 'i ~ % ">.. ~ \~. \ \ I:S' o <5J. oJ> ~\w> €:J~ 1?O 6€:J?J,~ 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.\\Compaqserver\pros\05\05 181.pro 5:\', '"""" F,'7"",."!-,i~ M~\{ ~. il 2G06 ~57_ ::1. ,,""~..\.S ZON-tHG jOA.r.U NOTES, o PIPE FOUND PROPOSED ACTIONS 5HO~ IN RED AREA; 10.000 sf or 0.23 OGres GRAPHIG SGALE ~ 1"= 20' I r,.>__~:~':l.~~", _ ::'";~" A". \) i_'__: : l! '~,~ 1.,< ,., / ~ . '. );'". (). .\ ~., '>.'~'~i-?;\\ tJ/. oi"r- I t. 1 ' \:'"\ '." /.*8 \;r.. /t I~ \ /,rj~! ,\::' > """",'''orllM all>:<ollon 0< <>d<>ll"'" '0 "''''-'''"'J ""'P....O<"'lal"'~_""""'.....eop-'>"""'..a ~iOl<ll.".. 01 ""C~ ~~SI~"~:"":~ ~..:..~ .On'J"''P...f''''''t''''''';q....,'oI_~ mcr..."....."""'''*'''''''l''''I''''''...._'''''.. st"""""""""'''''''''o...<"""''''',,,'''''''''.alidlc''' <"",",",,' 'u,rl<frcoll""" O'd<al..d .......eon ''9''If~ tI>>I t.... "'-V'"'J ~ pr~pa~" ".x"",d<><><.. "." _ ..,- "'''''l'-<>''''orPr.x'1c~f'''L'''''''''''_'''''''Pl<''' b,j _ "".. y",. ""''''~ """,",,-IaI"'" of Prof-.al l"""""""..'P'._"""'c..'tWk"'......""""".,""Oj ,o'''''pe'',''''r''''''''''''..........-'''''l...r:o-~paM """""";"b<r""'''lo'....111...'~'P'_ tal _""~ """ I."",""l ""'1110<;00 I~" ""'~"", """ to""'''''''q-e~.o'_re~'''''t~ut'''''. c.e.-tlf1c<>- ,"""a-,,""'I.."""r....""'8to""*""I""""'_aut...... . . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 27, 2006 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. APRIL 27. 2006: 10:40 A.M. LORETTA CAMPBELL #5873. Request for a Variance under Section 100-244, based on the Building Inspector's February 17, 2006 Notice of Disapproval concerning proposed additions to the existing dwelling with: (a) building setbacks at less than 10 feet on a single side yard, less than 25 feet of total side yard area, and less than 35 foot front yard, and (b) lot coverage exceeding the code limitation of 20 percent for total building area. Location of Property: 1545 East Gillette Drive, East Marion; CTM 38-4-23. 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 linda.kowalski@town.southold.ny.us. Dated: April 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski I ~~~- . . ~j~1J FORM NO.3 NOTICE OF DISAPPROVAL DATE: February 17,2006 TO: John & Loretta Campbell 1545 E. Gillette Dr. E. Marion, NY 11939 Please take notice that your application dated February 13, 2006 For permit to construct additions to a single family dwelling at Location of property: 1545 E. Gillette Dr. E. Marion, NY County Tax Map No. 1000 - Section 38 Block 4 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed construction to a single family dwelling. on a non-conforming 10.018 SQ. ft. lot in the R40 zone is not permitted pursuant to Article XXIV Section 100-244 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings oflots which are recognized bv the town under 100-24 are non-conforming and have not merged pursuant to 100-25." The required front yard setback for lots less than 20.000 SQ. ft. is 35'. The required side yard setbacks are 10' and 15'. Furthermore the ro osed lot covera e is a roXlm is 20%. ~.. W 1~....4. '-t,~ . Authorized Signature APPLIC~N TO THE SOUTH OLD TOWN ~ OF APB ~ "--_ I _ ^ nFor Office Use Only Fee: $u,otJ Filed By: L..-. '-'V 'lP""'-"-^- Date Assigned/Assignment No. IVED 6 2006 Office Notes: Parcel Location: House No. 15"'"'5 Street f:JISI GII.Ll:FffE bit: OF APPfAI.e Hamlet e.4sT WI M.l0\l ON/NG 8 SCTMIOOOSection~Block.!:L.Lot(s) Z3 LotSize/OOY/Da Zone District R. 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~~/~('}06 c:J-/7-llh I ApplicantIOwner(s): Ml'etlz1 ~. e /+mfJbeLL Mailing Address: /501) G/c l elfe ]) IL Telephone: fs:,3/- '-17) - 08' /4 EIJf:;r In f}f(IOiJ xl L/ 1/ q 3/1 NOTE: U applicant is not the owner, state If applicant is owner's attorney, agent, architect, builder, contract vendee, ete. Authorized Representative: As AboVG Address: Telephone: Pleas,specify wbo you wish correspondence to be mailed to, from the above listed names: IIYApplicantlOwner(s) 0 Autborized Representative DOtber: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~h~/06 &/3/06 rn1Juilding Permit o Certificate of Occupancy o Change of Use o Permit for As-Built Construction o o Pre-Certificate of Occupancy Otber: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragrapb of Zoning Ordinance by numbers. Do not quote tbe code. Article y.."i./ V Section 100- 2lfc.J Subsection Type of A,ppeal. An Appeal is made for: lit A Variance to tbe Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal 0 has !Jl11as not been made with respect to this property UNDER Appeal No._Year ASONS FOR AP additional sheets ma be used with a AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ~ ~~ ~ Ic...t... ~~~~7d.t~ (2) The benetit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: _/. ~ _ _ _, J.- _ ~ et.' ~,~ /'" , .L~,p AU?~ (3) The amount of relief requested is not substantial because: -<::t' ~ ~.-e e' rl A.e~. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ..A -<.4 A_ ... 7- IJ ~ _". -'CA -.., &_.~ ., rr;J ~ ~ ~ /7lt'~-L.J'L/n./ (5) Has the alleged difficulty been self.created? ( )Yes, or ~. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (please be sure to consult your attorney.) ~bt( ~r'f;U~/./ Signature of Appellant or uthorized Agent (Agent must submit written Authorization from Owner) Sworn to be~ l"~ lh;,.. \.--, Qf~~: i LA~~ o ary _ bUt CYNTHIA M. MANWARING NOTARY PUBLIC, STATE OF NEW YORK NO:01 MA61 00507 QUALIFIED IN SUFFOLK COUNlY..--1/ COMMISSION EXPIRES OCT. 20 .JJ....[ ) .' ,~ .. .' . . . () . () . , . ~ .... . " PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): A6P~f:/-tJ. It1 (frfYI pbfU-. -r -;]t; hn Me ItMflbEl( ~ I. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: &. Square footage: 19.. II. [nand is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square i)ootage: Height! j III. Puipose and use of new construction requested in this application: GtLt&(jG _ "-t-d"-tC?f'y~ ~ ~~ ~~~ '-I~v~ n~~{p~ -d .. , . . .8V'-.J up ! r vJ - /K ' . Cti4t;;r, IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty (I in meeting the code requirement(s): /1 ('~ ,?LCC'; X,r. ,. ,~ IV / Ii- /h1...eAllc..J a..t~_<. 4 .A..i' t .,::t-e_ct......... .<. ..c.". <./ . E:- V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above iriformation, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed. please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thankyou. It) OWNER , -" -;. J TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET 'S 5 DIST. SUB. LOT 7 11;f-YO .3 E ACR. I 0 I VPE OF ~,UILDIN~, I ()A. e JfH.Y Wd6 Q' JrJ) S ?oNNIE It. "fIJII'D/HI! ~ES. J,./r> SEAS. VL FARM LAND IMP. TOTAL DATE W r~_e, COMM. CB. MISC. Mkt. Value ~ 6 ' Idtf/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 .- Tillable 2 nllable 3 Noodland >wampland FRONTAGE ON WATER " 3rushland FRONTAGE ON ROAD ,~ u~ ;ouse Plot DEPTH BULKHEAD -- rotal DOCK ----- .-- . .-.- -' ..-.--- ! d \\\ i COLOR . , G~te'l , "" .~ - "r, '. ;' i' -~.. ~ ' . .~ TRIM - W6 ;1e it -,-, . ^ J ". - I- -~:~; Ii/' 1'9 ('7 L. 19 r", . [J' :J i I J..)IjJ.' t.;'%Y:2h-= nYK 3,!1- Yo 1"""~/ Foundation C,13, Bath Ol,e. Dinette " '. :xtension Basement Fu II Floors ()()K K. \ :xtension Ext. Walls f}.I,y fJ. Interior Finish cr h, tfa,* LR :xtension Fire Place Nflhe. Heat R 8. /I. IJI, DR Type Roof ~ ~ Lie Rooms 1 st Floor BR, 'arch Recreation Room Rooms 2nd Floor FIN. B. 'arch - Dormer Breezeway Driveway I ."'-.. '-"~ " - ;arage Patio ... . O. B. '-loa v . Total . ,)' , ,~ .!: " , ""lot.... BiockUmd ---~ "ho~OI.t"" lIno --,CH_ 'l'<l'....tO"""'tllno ~-H__ !.tILE" DROWN (21) 0 DTf/ERWISE. ." PROPERTiES on8loctl!ldQ.tlo -~ Rr. DI."~. Llno --r__ IIot...lIiotrl<tl.... --R__ ." WITHIN '"' FOLlO"'NG OISTRICTS, -~ lot..-tlotrl,tllno --1-- ~~, , SUER un llotorlmll,,,,,,,urc -HST__ rn, " HYOIUNT _. COUlt,lltJe --- ll\trtOI.trttllno --L__ 1-':.lII<trkt Uno - - A __ lIGHT " lATER 12.1,1,ldl " 12.1A IO",,11tJe ---- I'<rt DIo1'rii:t line --p-- ,~ ~, FlEFUSE IOIto""'''llIotrltlllno -n__ lIlBIJlANCE IASTEUTER ,- 12.1,1,ld 'Ilogo,.... ------- '\J. NOTICE MIlINTENANCE,AlTERIlTlON,SALEOR DfSTRJ8lJTIONOF ANY PORTION OF THE sumu CCUHY TAX I.lAP IS PROHIIITEO IITf<<)IJT mTTEN PERMSSIONOf THE RE.I.lPROPEllTr UXSERYICEiGEN;Y. G)~ SEE SEC. tIl. 037 rf}'" +~ ~ 1'><; ~ , IONAFlEAJ \' 13 '{; U,I, '\ CIl<5l:EH1BUCHP".oo 'FOItUMI5SEE \o.P )J",.~m."'(}\,? 'CIi.1? ."O\~ t>.,'b II ,~ ?: ~;;; ! . t!.E..ESPOlltl COM~OO C(]N(lO " 9.2A (COIAlQNORcO' tLEAoESPO'NT 'III.'-AGEtONOO. SEE SEC. NO. IJ2 ,FOIl~tl,S,ESEC. HO. Dl8.~ eLOal 01 ) {C(lI,lIo/llNAFl<A' ,rDRUNITSSHSEC. F.D'26 HO.OJ8.2 fllOCl< 02' ~J ~ ~~ _1..1t -.-.... (21) -~ (2) 'i<IIOlII_t,no -~s.cH- ~a.trlctlno --H__ FhDlo1r1o:tUno --F__ _llotrktUno --R__ l.NL~SS DRA'H OlIl';RWlSE. ALL PR()P[RTIES ARE .'THIN lH~ FOLLOWING DISTFlICTS, NOTICE ~