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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
bllp:/ /soutboldtown.northfork.net
R'~~~D
~r;; 2006
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FINDINGS, DELIBERATIONS AND DETERMINATION$outhold Town Clerk
MEETING OF FEBRUARY 2, 2006
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
ZB File No. 5824 - Susan Rogers Grun
Property Location: 54305 County Road 48, South old
CTM 52-1-6
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 9,070 square foot parcel has 50 feet along the North
Road (a/kla C.R. 48 or Middle Road), and is improved with a single-story frame house, as shown on the
December 2,1997 survey, amended January 8,1998 by Joseph A. Ingegno.
BASIS OF APPLICATION: Building Department's November 15, 2005 Notice of Disapproval, citing Section
100-239.4A in its denial of an application for a building permit to construct a proposed addition, for the reason
that the new construction is less than 100 feet from the top of the bluff or bank adjacent to the Long Island
Sound.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 26, 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 applicant wishes to construct a 9'6" x 14'6" covered deck
(open porch) addition in place of the existing canvas roof/concrete porch. The new construction will be
approximately 22 feet from the highest contour (17' above MSL) and at least 80 feet from a tie line along mean
high water, shown on the January 9, 1998 amended survey.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personai
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 new construction is a replacement of an existing attached porch that
exists with a cement patio foundation, open on two sides. The home with the open porch has been in
existence for many years, and the setback with the new construction will be in the same building line as the
rear of the home, and will not be closer to the Long Island Sound bank than the existing.
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 home has existed in this nonconforming location for many
years.
Page 2 - February 2, 2006 -
ZB File No. 5824 - Susan Rogers ~
CTM No. 52-1-6
.
3. The variance granted is not substantial because it involves 138 square foot open porch replacement, in
place of the existing with neW materials.
4. The difficulty was not 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 porch replacement, 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 Chairwoman Oliva, seconded by Member Dinizio, and duly
carried, to
GRANT the variance as applied for, as shown on the December 2, 1997 survey, amended January 8,
1998 by Joseph A. Ingegno and the diagram prepared by Donald G. Feiler, R.A. dated 11/7/05, with
the Condition that the porch not be enclosed.
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 Oliva (Chairwoman), Dinizio, Simon and Weisman. Member Goehringer
was absent. This Resolution was duly aMd (4-0). ,
~J [J. {()~J 10.
Ruth D. Oliva, Chairwoman 2/9/06
Approved for Filing
.
.
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 26, 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 SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY, JANUARY 26. 2006:
9:55 A.M. SUSAN ROGERS GRUN #5824. A variance is requested under Section 100-239.4A(1),
based on the Building Inspector's November 15, 2005 Notice of Disapproval concerning a
building permit application to construct an addition, for the reason that the new construction
will be less than 100 feet from the top of the bluff or bank of the Sound, at 57305 C.R. 48 (a/k/a
Middle Road or North Road), Southold; CTM 52-1-6.
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: January 6, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
.
.
FORM NO.3
S"'8cJ, r
NOTICE OF DISAPPROVAL
DATE: November 15. 2005
TO: Susan Rogers Grun
54305 County Road 48
Southold, NY 11971
Please take notice that your application dated November 8, 2005
'-""-'J
For permit to construct a covered deck addition in place of an existing roofed over concrete porch at
Location of property: 57305 Countv Road 48. Southold. NY
County Tax Map No. 1000 - Section 52
Block~
Lot!!
Is returned herewith and disapproved on the following grounds:
The proposed construction. on this nonconforming 9.070 square foot parcel in the R-40 District. is not
permitted pursuant to Article XXIII Section 100-239.4 A(I) which states:
"All buildings located on lots adiacent to sounds and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the
top of stich bluff or bank."
The proposed construction if noted as being +/- 29 feet from the top of the bluff.
--/
<
--.-.----
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
,.
'. .
AJ'PLICWJ'i'lN TO THE SOUTHOLD TOWN BOARD OF APPEALS
/ 1"
Fee~,t)O -~~ed B\~~rOf~~,U~:~~12;d/AS\lg:~1e"t ~o--l~V-'
Office Notes:
. ---1..-:-=' ~, --'-- -:-~ ------
Parcel Location: HOllse NoS~30SStreet t. 0 vI') +'1
,
7<d Y 8__I1amh,t.A"?hA:~f1t11A-CVLi1c:...
1
Lot Size "I 070<;1 Zone District t< - '(Q..
SCTM 1000 Section) 1.- mock~Lot(s)
/,
I (WE) APPEAL THE WRITTEN DETEHMINATlON OF THE BUILDING INSPECTOR
DATlm: N .,,,....... b...,r \ <) 2-00S-
I
ApplieantlOwner(s): '3 VI SA N 1<.09"".5
{;-rLol tV
Mailing
Address:
1'-lS"'g> Mo^ l-aV\k 1-h,,",\hINAi
(,,3(-72..(,,-10713
I
We< ro (\,-\.' II
NY II(P~
Telephone:
NOTE: If 3ppllcalll Is llo1lhc owner, slate if appliC'311t is oWIll'r's allorncy, a~clll, arrhilerl, lIuiIJ('f", contratl H'IHlce, elf.
Authorized Representative:
Address:
Telephone:
Please specify who you wish correspondence tb be mailed to, frol1l the above listed names:
}( Applicant/Owner(s) 0 Authorized Representative 0 Other:
WHEHEBY THE BlJILDING INSPECTOR DENIED AN APPLICATION DATE:!) Nov. ,..:; 1. 00';-
FOR: -------,--
~uiiding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
[J Permit for As-Built Constrlletion
IJ
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by nUlnhers, Do not quote the code,
Article X.X II \ SectionlOO-J.~q,isubsection Ir- (I)
/
Type of Appeal. An Appeal is made for:
)t A Variance to the 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 ~has not been made with respect to this property UNDER Appeal
No. _Year
"
.
III
Page 2 of3 . Appeal Application
Part A: AREA VARIANCE REASONS (attach extra 5heet 05 needed):
(1) An undesirable change will nof be produced In the CHARACTER of the neighborhood or a
detrlmentto nearby propertle5, It granted, because: I < ~",-h'o^ ~ I> fO,/c- t, ~cI
t<V\oI cA.u,IL bv:(/ V'l'frlth'r- +t,.. 5 a.rY\~. "'Jt.ef5 /fV.'1f Pc U
Iv ~ I(v"e>f s,'d-e.
(2) The benefit sought by the applicant CANNOT be achieved by some method teaslble for the
applicant to pursue, other than an cyea variance, because:
-f11 e flf)('vh c<-~cf roo b. a Y<e !oe p-- f;i:. d ~ &<.. rfr-t' - eJll 'y ;, ~
n<9/( - C<.JY1 f,?'-"""^1 (tPCeLf,'dYl. f
(3) The amount of relief requested Is not substantial because: ft,t'y-( ,'oS /'1" ff' 1..H' j.;
fo b-V1!a..v'j" ~ L.J(A'J /1\-e, rove t., r rc>.s>/ / eKcPflf fo a
c;kf?5 011 /1J /fU> r s-.Pil .
(4) The variance will NOT have an adverse effect or )lTIpact on th~ physlc;a,1 or envlrol\ment91
condltlofls In the nelg~olhood or district b~ause: ~ ~t.! l-. ~ ~ JY1 S'f'e I~ S tv
f"{ P I ~ ce@ nN 'v'r-f ~ e,,~c.,fO ;:.;;)~ VVo.- ~ f r: ,:;> CJ:,r1 vtVVI
(5) Has /h': variance been s;lkred'?ed? ( ) Yes, or (X) No. If not, Is the construction
existing, as built? ( ) Yes, or C)() No. s..~ #= <f CL b 0 '-'~ ,
(6) AddltJonallnformatJon about the surrounding topography and building areas that relate to
the difficulty In meellng the code requirements: (attach extra sheet as needed)
This Is the MINIMUM that Is necessary and adequate, and at the same lime preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
(X) Check this box and complete PART 8, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney.) Otherwise. please proceed to the slanature and
notarv area below.
~a<--
Signature of Appell or Aufhorlzed Agent
(Agent must submit Authorization from Owner)
Sworn to before me this 7~ .-
day of .JJ.u.0J~-0!., 2000.
~AU{t ~
(Nota Pu Ie)
Nonc:y Rom<<
011Wl121!L
oltlll2O,.L)
~ In CGunlI'
~_,_ar,_Y"'"
ZBA App 9130/02
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s):
Owners:
S \A So AN'
C; tt "" -e..-
R""o,eV"5
G-r LA tV
I. If building is existing: and alterations/additionslrenovations are proposed:
A. Please give the dimensions and overall square footage of extensions bevond existing building:
Dimensions/size: 10
Square footage: 0
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend bevond the existing building:
Dimensions/size: I!:J
Square footage: 0
If a sign is proposed, please: N I A-
A. Give dimensions of existing sign with photograph or sketch with details.
B. Give dimensions of new sign.
C. Is the new sign replacing an existing sign? Yes _ No _' If so, please explain:
II. Inand is vacant tJ I Pr
Please give dimensions and overall square footage of new construction:
Dimension/size:
Square footage:
Height
III. Purpose and use of new construction requested m this application: f? ('oD p os A )
1,000 J ()l:~lc.- ,'" "':'^-' D ~ .ex,', h'~ c~r k
\AJ'cod ..., b ;/1 I"'~J ,ret"'-u (
Oe)t<'s ~
IV. Additional infonnatlOn about the surroundmg contours or n~rby buildings that relate to the difficulty
1-0 bv.' (.1 J
feAC. ~ Ck'f' q
in meeting the code requirement(s):
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
7/02
TOWN OF SOUTHOLD PROPERTY RECORD CARD
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BUILDING CONDITION
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OWNER
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SEAS,
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IMP,
AGE
NEW
FARM
NORMAL
Acre
Tillable 1
"1'. 2
Tillable 3
Woodland
Swampl.and
Brushland
House PI~ _
Total.... --
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LOT
VILLAGE
DIST.
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TYPE OF BUILDING
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DATE
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BELOW
ABOVE
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Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
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M. Bldg. .3S)(J,~:;. C).go Foundotion C-9> Both / Dinette
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Extension /~KIV.=- ~1..Cf Bosement F vi' Floors -rl'~ K. /
, p4;.,15'-
Extension q X /3: i 11 Ext. Walls V~ Interior Finish LR.
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Extension J':l. ~ / ~~ '~lft) . Fire Place I Heat U, r If- { /;.. DR.
Type Roof Q ~b\-e. Rooms J st Flaor BR.
Po !lPtm 7x II{,: ?f' /00 qg Recreation Roon Rooms 2nd Floo FIN. B.
Porch ~t.{C .
. LJ xft, Ctwo,,;;:! ;3-" //) ~ Dormer
Breezeway v Driveway
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