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Home My WebLink About5911 _E-:~_'0-, ;2d- /:I____.-.~.--~--~-~-..---- ____n_______ Cjvo ~.e-Lwoo~ Dv. L~ ~ :r "t 1/ A/.. J.A / t:UX.,S ? l.(s13 P;d '{ol/o,- -f7r] IT " 1.J-7 -, ----t-~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 . 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 Road (at Youngs Avenue) Southold, NY 11971 RECEIVED d~J:<J(f.('() ~~ Sourhold Town CIeri FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 ZB File No. 5911 - ROBERT and BETTY FOX Property Location: 940 Laurelwood Drive, Laurel CTM 127-7-8 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: The applicants property contains 40,600 square feet and is improved with a one-story frame house with garage, as shown on the October 19, 1982 survey prepared by Roderick VanTuyl, P.C. and site map prepared 4/24/06 by Architecnologies. BASIS OF APPLICATION: Zoning Code Section 280-30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 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: A variance is requested for a 6'1" by 21'11" wide new covered front porch after removal of the concrete stoop. The closest measurement to the front line is shown 45'8" from the bottom step of the porch and 47'3" from the porch. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties if granted. The applicant merely wishes to enhance the front of his house with a small covered porch that will be used as an entrance to his home. Page2-August17,2006 . ZB File No. 5911 - Robert & Betty Fox elM No. 127-7-8 . (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because the house has existed in its present location for many years. In order to install a usable front covered porch that conformed to the town code the house would have to be picked up and moved. The cost to move the house would be prohibitive when compared to the minimal variance the applicant is asking for. (3) The amount of relief requested is not substantial. The existing front yard setback is a non- conforming 47.3 feet, and a substantial part (>90%) of the proposed construction will meet or exceed this existing setback. An additional 2 feet 5 inches will be added that will reduce the measurement of the setback to accommodate steps. This represents less than 10% of the total new construction, and the new setback will be 45 feet 8 inches. (4) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. The difficulty is created by the existing setback of the applicants' home. (6) 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. 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 site and construction diagrams prepared by Architecnologies dated 4/24/06, issued 5/16/06. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). ~ rf) ~ Ruth D. Oliva 8/;).3/06 Approved for Filing __E--'L'6 / i2 d- ~___mH_):_______________ 9vo ~.e-l-woof LJv. L~ JJ=- J"t II ~ / a.i.X.,s /.l.(s73 I?;d '~1/0<' -f7rl IT .).. /.,}.7 "1 ---1--- . . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 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. JULY 27. 2006: 10:25 A.M. ROBERT and BETTY FOX #5911. Request for a Variance under Section 100-30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line, at 940 Laurelwood Drive, Laurel; CTM 127-7-8. 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 prior to the day of the scheduled hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: June 20, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ~ . . FORM NO.3 MAY 2 3 2006 -o:-S l' I( CJ ICE OF DISAPPROVAL 122!::i!~!:::~~.~,~~~\~-:OD OF A9P::.~:.~2J DATE: May 1, 2006 TO: Robert & Betty Fox 940 Laurelwood Drive Laurel, NY 11948 \ \ Please take notice that your application April 28, 2006 For permit for additions and alterations to an existing single familv dwelling at Location of property: 940 Laurelwood Drive, Laurel. NY County Tax Map No. 1000 - Section 127 Block~ Lot~ Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this 40,600 square foot parcel. in the R-40 District, is not permitted pursuant to Article IlIA. 100-30A.3, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Densitv Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule requires a front vard setback of 50 feet. The proposed additions and alterations will result in a front vard setback of 45.67 feet. ~ , Damon Ra Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department, CC: file, Z.B.A. . . . ' Iii i ' --I I I Fee: $~ Filed By: For Office Use Only Date Assigned/Assignment No. J Office Nom: MAY 3 2006 ZONING ~OAF!D m:!!,Y~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS --.-.. ". Parcel Location: HouseNo.1~O Street /...IT\)RG:U...IDOD "P1i!.. Hamlet I.-IH')Rt=.L SCTM 1000 SectionJn..BlocklLot(s) '8 Lot Size40,bOOZone District R-liO I (WE) APPEA,~ .:r~E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~ I 11).Oo,,=, Owner as Applicant: RO~~RI - L-l'OR ~O~ Mailing Address: '14 0 L.i\-UR~I--l.UOO'D :nR\\ll=:' Telepbone: h '0\ Fax: NOTE: lfappJicaot is not tbe owner, state ifapplk:aDt is owner's attorney, agent. architect, builder, contrad: vftld~ etc. Autborized Representative :J~b\\'-5.,7 va. \1RO"2r")rv,,\c;::...\<.,A. Address: ~.O.~)( q'b NA-T\\Il)('''v') /0-[- \lCjl50l Telepbone:~\- aqg. \I,.1.q Fax: A'bl- (i.qR- /b~ Please speeity wbo you wisb correspondence to be mailed to, from tbe above listed names: o ApplicantlOwner(s) ~Autborized Representative DOtber: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED U I 'J Q I fl rVl/ FOR: ~ ~uilding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Cbange of Use o Permit for As-Built Construction o Otber: Provision of tbe Zoning Ordinance Appealed. Indicate Article, Section, Subseetion and paragrapb of Zoning Ordinance by numbers. Do not quote tbe code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: kA Variance to tbe Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Seetion 280-A. o Interpretation oftbe Town Code, Article Section o Reversal or Other A prior appeal 0 bas 0 bas not been made with respeet to tbis property UNDER Appeal No._Year Page 2 Owner: . . RO'be:i'-T .. U51+FO< . . REASONS FOR APPEAL (additional sheets mav be nsed witb anolicant's silmature): 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, becanse: "'? ~O~ }\-U""D l.t 0 ~ \CO,... \ '0,.. ,,- COI.J~";2-S-'V ~ORe.~oo ,0 S'C~E: ~'O f\- ~\D ~~?-'f "\-0 ~E "\-\Ollf%' \""\-\eLe IS Pr, n-\E \\N"E A-t:::> ".!itl'b,\)..:)(',- W\0c.~""~ "b'C"OO't" \.,,,,~)C.-\-J \'6 \..Oc..~\t;D 1>:>\"t1-\\\::> ~t ?aP- W\..:>~O\i~-;~oot\\:)G bE,I6l\e\\-\\ \5,0 6€., (2) The benefit sought by the applicant CANNOT be acbieved by some method feasible for the BeNDJEDoo applicant to pursue, other than an area variance, because: ,\-IE- "''RO'?O~ ~~ ~\ (i.. 'hTe'i'f:> .. 'Z. I'~'?:T 0'<' T\-\t. ~~PO'bEb ~o~c.M \b L-Oc..tr-TSt> \,010\-\ II() f\- , pop- e.o\2>"'O~~\ KlG ~'?-Ol5( 'O~1bA-CK:>oo (3) The amount of relief requested is not substantial because: GIYI'Z:>T\ \.:)<:, \":>C\0.. c..c \.::> ~O~ \16 (:) 7;;'OO~ IS ~, ~ 4(1'1:::/- "DG\-'C>p,c~ - ~e "i?RO\/O~t> i"b 45' 8""'/- r (4) Tbe variance will NOT have an adverse errect or impact on the physical or environmental conditions in the neigbborhood or district because: (5) Has tbe alleged difficulty been self-created? f'lYes, or ()No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character oethe neighborhood and the health, safety, and welfare oethe community. Check tlUs box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (please be sure to consult your attorney.) \~ oo~f.t-'~A c3- Signa of Appellant or Authonzed Agent (Agent must submit written Authorization from Owner) S~fore me this I~ day r:J;~20~ . .i.. <-~ Notary Public Mr ~. " . 'NeW'llIrk ,141M ===/~~~? .. .. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: '\<oe,~ ~... US~ fox Date Prepared: 511G/~ I I I. For Demolition of Existing Building Areas Please describe areas being removed: e.X \f:;r\ 1.::lC~ I' D~TE. i=Q.O lUT 'nTOO '? II. New Construction Areas (New Dwelling or New AdditionslExtensions): Dimensions of first floor extension: (0' I" " Ql.\' II" .. /}.. 'bTt::::f'S .". \8"~ lI'g"\\). Dimensions of new second floor: 1<<Y>1;! ~~o -c:. A-TInITIO..:;l Dimensions of floor above second level: Afr' Height (from finished ground to top of ridge): \ 7' \0" 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 (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: '0\ 6\ 8 1>:>,,1-\ 'I\-'?DI? L"l.)E~ lI-nnTIOl0S. Proposed increase of building coverage: i V 'b ~ ~,.. ~RDPO~:'I). Square footage of your lot: 40, hoO Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: (\)c:;k) ~~l..::>T <'-Ol"lF,REn PoRC-+t. VI. Please describe tbe land contours (flat, slope %, etc.) as exist and bow it relates to the difficulty in meeting tbe code requirement(s): ;::u+i ) 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). 7/2002; 212005; 1/2006 .. .. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes ~No B. Are there any proposals to change or alter land contours? o Yes JiId-lo C. I) Are there any areas that contain wetland grasses? ...x:> 2) Are the wetland areas shown on the map submitted with this application? ~ 3) Is the property bulkheaded between the wetlands area and the upland building area? ~A. 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ""::'\.4-. Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? t.:::c? (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~ the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel 6\0(;,,\,1; ~p,.N \L'I P,~\n>=: 10CS, and proposed use ~(>C~ ~= ~10' CC\) _ Po~-\-\ . (examples: existing: single-family; proposed: same with garage.) ~L~\K"VI.olo 1.l~'6b_ Authoriz Signature and Date 2/05 FQRPCl..NO. SEE SEC. NO. 129-01-001 G) , 39.7A ~ ,~\:,~~~ 1~ V I-N- '\ ~ ! '\ I ~ ~ I ~ ~ I ~ ~ I Ig > - g ~ , -, ----w.~----i!---_____uNf ERlES 'RielS, NOTICE SOUTHOLD SECTIJN NO "'A.lNTENAN~E. ALTERATION, SALE OR [lISTR/BUTION OF ANY PORTION OF THE SL.fFOlKCOUNH TAx MAP IS PROHIBITED .ITHOuT.RITTtNPE_SSIONO, THE AUlPA<lP6RtvUX"""....CE.GENCr. 127 PROPERTY MAP t ... -..... NEW ROOF SHINGLES TO MATCH EXISTING. PROVo 15# FELT UNDERLAYMENT. 17 '-/0 I( ~ DD L NEW "CEDAR IMPRESSI NS" VINYL SIDING. (TYPICAL RIGHT-SIDE ELEVATION .1 6'.10" 7' 7' NEW 1 0" DIA. FIBERGLASS COLUMN 1'.8" 6'.1" FRONT ELEVATION RIGHT SIDE ELEVATION l- -- '1- - - ~ - - - --1 \' - - - - ~ - - - T --- Ii-- INSTALL NEW SWITCH WITH /)~.. / ANY PRIOR EXISTING SWITCHES. I r;'~ I '....~- , Ie ~.. I I I 'l'GFI Ir-:\ /,-,' \ , ~ '-/ l , \ ~ , I "- A-. ~ --ch \.z2~~~tJ I 'VE 61-1" I I - - t='( ~ 61.1011 7' 7' 1'-8"- ~I ;;.; 21'.11 " ., I I r ;. z: i;;'~-'--:~-' ...._-1 MAY 2 3 2006 \ ~S~~~ ".,...i.J < ~ PROPOSED PLAN TOTAL COVERED PORCH AREA = 103 SQ.FT. cn~ ~i 5~ o E ~ ...:l ~ ~ ~p~ u;h ~ s~ E-4 ~~ to-! ~G w~ O~ z>- W~ OZ - (f) w a: Xul O~ LL~ I < ~ ~I I~ ~ ~ . 1/8"-1'0" PROPOSED ADDITION DING. NO.: A.2 _~ u___ ________~.-- V///~ PROPOSED N~ ADDITION PR P SE EXTEN ION OF EXISTING WOOD DECK. PREVIOUSLY SUBMITTED TO BUILDING DEPT. FOR PERMIT. (APPROVED ON 5.3.06 EXISTING DECK STAIRS TO BE RELOCATED & REUSED PREVIOUSLY SUBMITTED TO BUILDING DEPT. FOR PERMIT. (APPROVED ON 5.3.06 PROPOSED NON-WINTERIZED SCREENED IN PORCH PREVIOUSLY SUBMITTED TO BUILDING DEPT. FOR PERMIT. (APPROVED ON 5.3.06 " . ~ 9'_3" 12'-9" ~ I.. ~I 14'-411 EXISTING DECK TO REMAIN EXISTING ONE-STORY WOOD FRAMED HOUSE TO REMAIN. PROPOSED NEW COVERED FRONT EXISTING. 3'_811 t L .1 ,~J 32'-11" ~7'-6"j EXISTING 2-CAR, ONE-STORY, WOOD FRAMED, ATTACHED GARAGE PROPOSED EXTENSION OF EXISTING ONE-STORY ATTACHED GARAGE. PREVIOUSLY SUBMITTED TO BUILDING DEPT. FOR PERMIT. (APPROVED ON 5.3.06 23'-2" L~,;:: ,"..~~i;T {';I\ ~-'ft ",~~ ".,/ ':-.. -< -. MAY 2 3 2006 $/9// 10",2,_".,:." -'::.:.. ...,,':~I r/)~ ~~ - . t.:I~ o s ~ ....:l ~ ~ o 0 >~ ZP~ u h ~ I ~~ Eo-< .Iii ~ ~~ W:': II: O~ Z~ WZ o (f) W a: xuJ O~ LL~ < . N ~, ~! ~~ 8 ~ . 118"-1'0" E' PROPOSED ADDITION CWGl. NO.: A.1 -t PROPOSED ADDITIONS 011.I:J QUI\vnr MAP OF PROPERTY SURVEYED FOR ROBERT A. &- BETTY E. FOX AT LAUREL ~ T.M. # 1000 - 127 SURVEYED OCT. 19, 7 - 8 1982 SCALE 1" 30' INFORMATION TAKEN FROM SURVEY PREPARED BY RODERICK VANTUYL. P.C. GREEN PORT. N. Y. SITE LEGEND ~c. ~ ~ o <6 ~ '2.. ~ ~ ~ ~ ~ 0",'C- 'C-~"''C-V~ ~~G ~ 0U\V:> ~ 22'-1- ~ ~ @ '\ \ \ \ @ \ ~ ~ O,,'.N' d""' 6of) '3.6 . MAY 2 3 '1.006 L.ff;9/f u..: r.!~' FRONTCOVEAEDPoRCH TO BE FILED FOR SEPARATE fji;:. APPROVAL. EXISTING NON- "0 CONFORMING CONCRETE STOOP TO BE REMOVED. 66 SQ. FT. NON-CONFORMING. @ PROPOSED GARAGE EXTENSION APPROVED BY BLDG. DEPT. 5.3.06 ~ PROPOSEDREAR DECK EXTENSION G WITH HOT TUB APPROVED BY BLDG. DEPT. 5.3.06 tfi\ PROPOSED SCREENED-IN PORCH ~ APPROVED BY BLDG. DEPT. 5.3.06 IRON PIPE 0 tl'l ~ o ?o. ~ ~ ~ \Sl ~ ~~ 'O~ 9~ ~~ ~~ 10' ~ ~ \ ._\ \ , i I \ ...\ .<" ',.'.'" OFFICE SET 4.24.06 THESE DRAWINGS AS INSTRUMENTS OF SERVICE. ARE THE SOLE PROPERTY OF THE ARCHITECT. REVISIONS. CHANGES. AND/OR MODIFICATIONS SHALL BE ALLOWED WIO WRfTTEN AUTHORIZATION BY THE ARCHITECT. !'NY REPRODUCTION IN PART OR WHOLE IS STRICTLY PROHIBITED BY LAW. - E ~~ - d~ o i ~ ....:l u i O 0 >~ ~ .- Z ~ ~~ .~~ U U ~ I ~~ E--- u dl~ - ~ il~ Z ::.:: O~ - >- ~~ o:Z W ~ <{ X o LL o W (j) o a..-' w Ooc o:=> a..:5 Ii ~ ~ . ~ < . N ~ c ~ ~ Iii 8 ~ SCALE, 1" = 30' . NAME: SITE SURVEY DWG. NO.: -SIT