HomeMy WebLinkAbout5875
I., ~ -
~~~m~~_~ .... ._____________
300 ~Pl. ~"L
-I:t rB 7~ ~. ~..... roo-t ~tL /.u....
/lJJ If -J..7- IJf4 ~ to!I/A]" KEJ.iEF
~-'f
,
--18. f ..
'"
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
Mailinl; 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 Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
h"CT _D f-~d
/<1>/-5' pm
" I"Ir,.."',f'
v\.., Y [JJD
FINDINGS, DELIBERATIONS AND DETERMINATIOIIf"Y./.. j. :_I/J. 'YL .'IU
MEETING OF MAY 11,2006 ~T/ /~
ZB File No. 5875 - CHERYL FELD and JON MARGOLIS
Property Location: 300 Birch Road, South old CTM 54-9-18.1
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 1.69-acre parcel has direct frontage along four streets:
Pine Road, Maple Road, Chestnut Road, and Birch Road. The property is improved with a single-family, one-
story frame house and accessory garage, all shown on the 6-20-90 survey prepared by Kulhanek & Plan, Land
Surveyors, P .C.
BASIS OF APPLICATION: Zoning Code Section 100-33, based on the Building Inspector's March 10, 2006
Notice of Disapproval concerning a building permit application to construct an accessory in-ground swimming
pool. The new construction is proposed in a front yard rather than the code-required rear yard.
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 wish to locate an 18' x 44' in-ground swimming pool
in the yard northwest of their dwelling, 80 feet from the front lot line along Pine Road and at least 20 feet from
the lot line along Birch Road.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
The property has four front yards, and while a swimming pool is an accessory structure that is customary and
incidental to a residence, the zoning code does not provide for a pool in a front yard without a variance, except
when the land has frontage along a waterway. For these reasons,
a) grant of the variance will not produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties.
b) the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant
to pursue, other than an area variance.
Page 2- May 11, 2006 .
ZB File No. 5875 - C. Feld and J. _liS
CTM No. 54-9-18.1
.
c) the difficulty has not been self-created
d) 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.
e) grant of the requested relief is the minimum action necessary and adequate to enable the applicant
to enjoy the benefit of an accessory in-ground pool, 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 Dinizio, seconded by Member Goehringer, and
duly carried, to
DENY the variance as applied for and noted by Skim King Pools on the 6-20-90 survey prepared by
Kulhanek & Plan, Land Surveyors, P.C., and to
GRANT alternative relief as noted below and subject to the following conditions:
1. Screening with evergreen plantings at a minimum height of 5 feet.
2. The pool shall not be covered with a roof or enclosed.
3. The pool shall be moved for a minimum setback of 22.8 feet to match the existing setback line of
the dwelling.
4. The pool shall be 16 ft. x 44 ft. (or less) instead of 18 feet wide.
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~-O). ,
~'~i ~.~~Qj
Ruth D. Oliva 6/14/06
Approved for Filing
1,1 d-~ -
-_~_m_~ ______________..
.300 ~ P J, :;I-.tL
~ rB 7-J- ~. ~.,:.; rOo-t ~,L ~__
J?iJ '1-J..7- /)(; ~1 to!I/Iv! K.t:-Iu::f
~'f
,
I&. t-
"
r
I
, .
\
b,
.....
(b
()
:t
. .'
{
~ ~
I
I
I
I
!
~
I ro
I i ',t)
. ",,<>re'
. e"""-3"~-M<!I'_'T".s;
, Jr"'"lNy, Hor
.~ .,r"y"WN '. N,Q r
~ '.. 6"";~:e,.q"""r.~f-.Q':'
.<,. "
.
.
-AtJl\Jg L-J& 1
fP..tW1 : C--'k"J IJ
RECEIVED
'7 /
( ! 7
/ '-
J
"..,.--
,P/N~
SO'
JITLE No,
~D
,
N47 '4':' '40" €.
MAR 2 2 2006
6'?1C
/ /.!), O.Y
'(
~
I\)
.
.....
o
~
<
V:l
t.
I\)
o
o
~
fl',
1.30.:31 '
'lIP
~
~
\)
"
C'l't
1+ '-"1
: ----'1 'rc--------
(lii'
I , U
y'~
~'(\
,j.i()1
.
~ C'A.e(/SGe ,c
cacH,eh/ . ../,I!, .:r
JM,,( c C<X/I'-eA-J.
~
o
~o
/
<" w
s-.o,r"':
I\)
()
o
o
o
(i)lUl,\\
.t
-'\'I;
.1
"
N 4- 7042>' f{-O"c;:
/.30.2>/ '
"
'"
.OJ
1\1
ce..sSf'06l-
~
.
CI)
~
0
G
~ Ib
'"
,~
, ,
~
~Ol
.~ OJ 3/!. Z '
. '
~ 6\
~W
,
.
.^ ,
~t:
.0
"
<y'
.I'"
: ''/'!.'~'
-.\'. \9
'tfii
,;;~
""'v-
{\
,1>1
-/I
-:"j,J;.
, .
""1''1"
", .......'-1-
'"
'"'-,-"'. .,
. .',: (,:p.,:, '"
1',"
~,. -
.;,;..,.....
"S',sZ' '.,. , ._ .;:-"-....,.",o,:(j,li _
" ~f.30' lAY )'C'!'c..$e..,,;S"c;1/'0.<;t.~~'40'0rl-V:,,_,t?,-.:/. <S~:~)<<.
., r;i>.". il' ";" .;-..(;(: \ . ;.("..;.~ !oil';'''' ....... .oelti.'.
. " - ,,~., .,JI ,.).0 A,,".oj' .... . .',_
,.. , ""',' ,.... ..",. ," ,',
,r~H~cS'7::'~'O~'" "s;:'- R~' .
t-.<
", .....
.:1 .
".' ,!,.(J,%r~. :\,.':,~.O:.c>....:.~. ,.,;-.' ." jfq~~;Y~:~~ ~':L~~j;
"\'(;'~" . " I" .....__~., ,.' _'_
. TH.\DlM~loNS.HbwN H~REO\'I;~iIOM' THE:STiiuCTUAE~ ~o THE PAOpIRTYLI'NE .~e P,?R !.i SPEClFlC.PURPOSE ONLY,. THEY
ARE'#lOT,INTENO"O TO U U,SEO, FOR TilE ER~CTI(lN QI'.F~/l.oEli:\lITRUCT1I.RP.OR ANY OTHER IMPROVEMENT. ;
, -. . . ,. .." .: I'"' 1_:' . ~', \ -..' . _ ,: ,"1 .. "'. _
. \ .";;
. I . ., .
. MEASUIlEMENTl\IN U.S. STANDARD i
,,. :
UNAUTHORIZED lLTERATlON.OR'AOOI.:
TION$'TO TIIIS"SURVEY IS,A \/I0~TlllN
OPSECTlON7208.SUllcOIl/lSION20FTHE'" """.
NEW YORK EDUCATION LAW,
"..'.'
" . "1-';""
":':'t;:;'X""-" . .';
..".COPil'S',op TH(SSURVev Mo\P,NOf
'-" .II!i.RJNG THE;l..AlIlI:.:SURVEYOB'S
. .. INKED '.~1: o/t':E"aOSSEO SEAL
, SNAl.1:IlQU\j}CllNSIOEREb.To8U " .
VALID TRUE C"P'I'. .... .,.......,
.'" '-"-~. ',.
,', . I '. " ';'
QUARANTEEB INDICATED ilERIiOIHHALL RUY" fo'LY TO
TllOERBON FORWHOIl THl8IIRVEl,I&;~A .'1, AND
OH'HI8 BElW.P TO.TIIE 11ne_r.\Ny,..G NlIal-
TA1tAQIiHCY AND LENDING INSmlI1'IO~LlSTEO ""R~ON,
~ON~HE ASSllfNE~--cif"TIIE' l~I;I/)jIlQ
. QUAAANTiEB ARE NOT TRANSfERABLE TO AOIlMONAL
INSTIT1l11C1.NS O!J'SUll8EjlUENT OWN~1lS. ,
'". '''-':',
KULHANEK & PLAN
. LAliti'suRVEYORS, P,C..
SECTION
GUARANTEED TO
""""-
BLOCK
11/-=-501
DATE
-G:,. eo.~6
SQUTI"-( 1-10 c... D
;..
.s CJrFo c... ~
COUNTY
JOB No,
ONO iSUmJ OfFICC [. 'wESrc'limEil" OFFICE _'
P.O. SOX 4e7,. ,. ". P.o. BPX "7B.,~"
LOHG B~APH, N,Y, 1116'.;..~O.flIOGI;;"~<'\'d6i~):"
. . .. '800-54'.5124 .....",:... ":"
FAX (5161431.9461.. FA)n~1.1'16W306 .
~o~ ~~S.OC':lO\
.
.
LEGAL NOTICE
SOUTH OLD 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:
9:55 A.M. CHERYL FELD and JON MARGOLIS #5875. Request for a Variance under Section
100-33, based on the Building Inspector's March 10, 2006 Notice of Disapproval concel1ling a
swimming pool proposed in a yard other than the code-required rear yard, at 300 Bir1lltRoad,
Southold; CTM 54-9-18.1. CuM../-
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 6, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
.A .
..
-.
-tB tYr7 (
FORM NO.3
NOTICE OF DISAPPROVAL
DATE: March 10, 2006
TO: Swim King NC Feld
471 Route 25A
Rocky Point, NY 11778
RECEIVED
MAR 1 7 2006
-z-Jb it Sf 11)
Please take notice that your application dated March 8, 2006
For construction of an accessory in-ground swimming at
Location of property 300 Birch Road, Southold, NY
ZONING BOARD OF APPEALS
County Tax Map No. 1000 - Section 54 BlockJL Lot 18.1
Is returned herewith and disapproved on the following grounds:
The proposed in-ground swimming pool. on this conforming 1.69 acre parcel with four front yards, in
the Residential R-40 District, is not permitted pursuant to Article III. Section 100-33. which states,
"In the Agricultural-Conservation District and Low-Density Residential R-80. R-120, R-200
and R-400 District. accessory buildings and structures or other accessory uses shall be located
in the required rear yard."
001 is noted as bein located in the front ard.
0-.
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the SouthoId Town Building Department.
CC: file, Z.B.A.
,
I '/,'
..
..
"
Fee: $IfHJ - Filed By:
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For Office Use Only ... _I .1 .-db: ~It
_ Date Assigned/Assignment No.4/7/~b .~.2!L
Office Notes:
Parcel Location: House No.3DO Street g\Y' en Q.d .
SCTM 1000 Section 5'-1 Block ~ot(S) lB. l Lot Size~{).'O~
Hamlet So u..-+--ho Id..
Zone District
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING I
DATED: rnClXcn B, ~O(P
Applieant/Owner(s): 0h~e--1 d.
Mailing
Address: 5
Telephone:
L,ndtL f2.d-
51 (p - '6 % 3-550 q
Po,...--\-
.J Dn \11..cu ~
Wash In, ') :tnl") tvJ\
IVED
MAR 1 7 2006
1t~5
I ZONING BOARD OF APPEALS
NOTE: If applicant is 1I0t the owner, slate if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative:CRancly --r l(ocledc<< tl/bJa.. SWIM \('I~~ POD \s
Address: 1.-\-71 {4e 2-6A- ~D~ ~ wnlb !-<;Q-tt\Lt Qu..ijlbj
Telephone: 14L\ -610 0
Please specify who you wish corr".W"ndence to be mailed to, from the above listed names:
D Applicant/Owner(s) ~uthorized Representative D Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN API'LICATION DATED mOX en e , 200 (0
FOR: /'
cYBuiiding Permit
D Certificate of Occupancy D Pre-Certificate of Occupancy
D Change of Use
D Permit for As-Built Construction
D
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article Section 100- Subsection
Type of Appeal. An Appeal is made for:
Q1\ Variance to the Zoning Code 01' Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 280-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D has ~not been made with respect to this property UNDER Appeal
No. _Year
"
.-
..
I .
Page 2 ot3 .. Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detrlmentto nearby properties, if granted, because: e(DfJoseo ~oo I lA..l \ l \ be.
f\O-t be. ~~-T An OS\~~ y\'oO\.:e.C>WYle.f. \'l.rl\\ b-€'.- &J-f-rO<<1
r?,,~ (C:V - (UI..iJ- :J-6' :.rr 0 m g, r vh r2P\. .. j)
(2) The benefit sought by the applicant CANNOT be achieved by some method feasl);!le for the
~plicant to pursue, other tha~ an area variance, ~ecause: r:yc o~-tvt \'10..:::' ---\o(,LY
--\-1on+ yo...fcl'i:> - 6r\-\o(e. '"P"(b~~ 1'S SlA-{{ol.,LnO<cl by st-r.ee:t.s.
(3) The amount of relief requeste~ Is not substantial because: ,
?\1 one{ ~ is IlL( M J.J I~ 000 sq.-f+ }.,oj)oo \ -tv be- 1 nsbtll<d. IS"
r C) .J J . '1" -r q 9... $.
(4) The variance will NOT have an adverse effect or Impact on the physical or environmental
conditions in the neighborhood or district because:
(5) Has the variance been self-cregt.ed?
exlsHng, as built? ( ) Yes, or (vJNo.
( ) Yes, or (vrNo. If not, Is the construction
(6) Additional Information about the surrounding topography and building areas that relate to
the difficulty In meetin9 the code requirements: (attach extra sheet as needed)
\oJ/A-
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney.) the s lease roceed to the sl nature and
notarv area below.
=
Sworn to b.eJ9.re me this
~~~~~.C~~~_
(Notary Public)
ZBA App 9130/02
.......RGUl JliI.
...wMY1iUIuc. _..""'_
No.D1~
-~.-~/")
~__".--'
t
.-
..
Page 3 of 3 - Appeal Application
,
Parl 8: REASONS FOR USE VARIANCE (If reauested): ~ 0-\- U.S~ \! iJ-.;( l Cln (Q
-
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable re"turn for each and every permitted use under the
zoning regulations for the particular district where the property is located, demonstrated by
competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating to the property is unique because:
3. The alleged hardship does not apply to a substantial portion of the district or neighborhood
because:
4. The request will not alter the essential character of the neighborhood because:
5. The alleged hardship has not been self-created because:
6. This Is the minimum relief necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Please
explain on a separate sheet if necessary.)
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial Justice will be done because: (Please explain on a separate sheet it necessary.)
( ) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) therwise lease roceed to the
sianature and notary area below.
'.
51g ature of App II t or t rlzed Agent
(Agent must submit Authorization from Owner)
......~.~ - --
_Ntf.....IC._.._-
......-
QuIIIIId In....-couner ..~
c..ll . ,ExpirMSept.2I.2q,U
ZBA App 9130/02
.-
".
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~U'11 r.e.-lo\
Date Prepared:~
I. For Demolition of Existing Building Areas
Please describe areas being removed:
I'll A
II. New Construction Areas (New Dwelling or New AdditionslExtensions):
Dimensions of first floor extensiou:
Dimensions of new second floor: tJ I rr
Dimensions of floor above second level:
Height (from finished 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:
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: N I A-
I
Number of Floors and Changes 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: tCla.. f/'I rp 00 I
Square footage of your lot: /.J 7 ~.ooo It!
Percentage of coverage of your lot by building area:
V.
112>'-.G44'
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): Pi Il-::l-
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered (area
of requested changes). LL~W .
7/2002; 2/2005; 1/2006
~
~
<.
~
tI
!
J
<!
~
.1j
""
.
OpAl"
WITHIN
,
"
"
OTH.!>~'~iow~~~
THE SUER
"fOP'''1
<<TEl'
".FU~
..,TtuIER
P6~g,~'~t
NOTICE
ERATION, ~ALE OR
HNlNCE,ALT QflTIONOf THE
~'~RIllUT10N OF IN:/t.lAP IS PROHiIlIIED
$lfFOLKCOUNTY ~Rt.lrs$IONOfTHE:
IlTflOUT 1PI~~~Nu. SER"'cr &CE..cy.
RUl_
~
k"oolD;.t,~t 1I,.,.
fl" Dl.1f'" L.....
.0'...00."'''''....
"",,,:.1I....
,,~
~";::~::':'
""
",""cn'lJi'"''''''''
~.fu" [)I,,,,,, l""
H..".-uOl."","o<
,_. co",.," "...
........... D"...~t "'"
-.
nn
'"
~