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Home My WebLink About5845 ~fI~~R -(; (,WE /~V,()e ;j?>~j}l!!i ij(r-Eki),{/V[ / ~ ". ..~. / \ ':J 0 cjj/\i!fJ:J- <30- 3 -::4<:\>--..-- U< .. d- -cl~SJ',/j -/'7~!J - l}5;J3b,3 <of 5 )'5.0 1" l&<;uII!.E<5 ''10 "1/5 . ,/1..:; ~~O 7' 6 0"11..Lr =->r ,{,e,4 iJ>" 11'} ,~E J.. .' i '.'~' (f . .~ /'. OA. ,;}I\ ,I{) f 5.0 --,-~/)sc;L-:Q.L \, ^(f. )/AJ{ ,-/.o5~7lAo 0 J etJj,(5/'"' ('\-f$b , i i>. 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 . 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 RECEIVED MAY 1 2 2006 ~Q~...'l/... FINDINGS, DELIBERATIONS AND DETERMINATIO,outhold Town Clerk MEETING OF APRIL 13, 2006 ZB File No. 5845 - JULIE ANNE HAERR Property Location: 305 Mill Creek Drive, South old CTM 135-3-28.2 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 property consists of 19,760 square feet with 100 feet along Mill Creek Drive. The property is improved with a single-family, one-story dwelling and accessory frame shed, as shown on the survey prepared October 31,2005 by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Zoning Code Chapter 100, Sections 100-242 and 100-244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concernin9 a request to build additions. The reasons stated for denying the application is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line. 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 new construction areas which are the subject of the disapproval by the Building Inspector include an addition to the first floor, a two-car garage addition, and addition over the existing first floor footprint, as shown on the plan prepared by Robert Stromski, R.A. dated 1/23/06 (project No. 0526). 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 applicant proposes to add a second-story addition over the existing footprint of the dwelling, and to add additions on the first floor which includes a 22' x 24' garage connected to the dwelling by an 8 fl. wide addition. The setback is proposed at eight feet instead of the code requirement of 15 feet. Also proposed is an increase of nonconformity (applied under the Walz Interpretation No. 5039 for nonconforming buildings), utilizing the same 36.3 setback of the dwelling for the extensions/additions. All of the reasons were addressed, as well as further reviews and visits to the area homes in this vicinity. An Page 2 - April 13, 2006 ZB File No. 5845 - Julie A. Haerr CTM No. 135-3-28.2 . . increased setback from 8 feet to 10 feet on the easterly side yard is the minimum that the Board is willing to grant. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance, based on the nonconforming setback that exists for the applicant's dwelling. 3. The difficulty was created with plans to increase the size of a dwelling in a nonconforming location. 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. The applicant has furnished copies of Permit No. 6296 issued February 15, 2006 under the Town Wetlands Ordinance. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Goehringer, seconded by Chairwoman Oliva, and duly carried, to DENY the variance as applied for with respect to the side yard; and to GRANT alternate relief for a minimum ten (10) ft. setback from the easterly side lot line (instead of 8 feet); and to GRANT the variance as applied for with respect to the front yard setback, as shown on the plan prepared by Robert Stromski, R.A. dated 1/23/06 (project No. 0526) (plans to be modified to comply with the above requirement of alternative relief). 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 Oliva (C Resolution was duly adopted (5-0). This JV 'o" '- "'.... '- SURVEYOr- DESCR/BED PROPERTY SOUTHOLD TOWN' OF SOUTHOLD SUFFOLK COUNTY, N.Y. - DREDGED (ARSHAMOMOQUf POND) SURVEYED FOR: JUliE ANNE HAERR 1M# 1000-135-03-028.1 - 0,. - ,'.....,$ - GUARANTEED TO JULIE ANNE HAERR APPAREHT -.~. ~ ""'^"' EL[VATlONS SHOWN ARE IN 1929 NGVD FLOOD ZONE DATA IS FROM MAP NUMBER 3610.3C0158 G EFFECTIVE DATE MAY 4, 1998 FLOODZONE AE ~ 10 MAP SHOWING PROPOSED ADDITIONS TO RESIDENCE. y.... .p% GW.RANTeEsINDICATEDHEREONSo'W.LRtlN ONI..YTOn.:P8lSoNFORlIKlIt7HESt.R\Iz[Y 1SPRE1>ARED,ANOONHlSB&lAtF1D7HE T11I.E~y.Go1IE1IMIEfflAi..AGEM::y. /.ENDING1NSTTTimON./FLtsrBJHEREON..o.NlJ T07HE.4SSIGo<EEsOFTHEI.BIOiNI;INST11vnoN. GUAIWflEBAReNOT~TO ADDI1IOH4J.INSmlJr1a.IsOlfSf.BSEouENTOWNERS. ~ "" c:~<s ~"";\, ,.' r;.r- .. ./ () 4' ~/t-:; ~ + ;11 c,~sPOOt o SURVEYED J 1 OCTOBER 2005 SCALE 1'= 30' % o AREA = 19.768 $.r. OR 0.453 ACRES o , <' p '.0 flU' II"~ """. '~"'W1"'; wrH. r[,,~;f"l<X,. ... f'WlP!):>!:1I All(JlTOtI SURVEYED BY . JR STANLEY J. ISAKSEN, . PO. BOX 294 Y 11956 NEW $lJFFOLK,. N. 631-r34~~~5 ___ -'--~ JR OR y~~ [Jo _ ..'C"" ~AL~TIONORIIDfJITKJt;TOTHIS SIJRliFYISAIo'IOL4~OFSEC1lON72tJgOF 11IE-l'(:\qI(STATEEDUcATIONLA~ ~+< 1JJr; COPIE$OFfflfS~MAPNOTBe.RJNG 7HEtAfC)Sl.RVEn::vtSa<<JOSSED~~l NOTIIE~roBEAV>\l."1RI1E """ S 7B-28'OO"[: DREDGED ..., - CA.NA.L ~,,'" (ARSHAMOMOQUE POND) K '''<<N, f1.00DZONE AE - fO EL. ~ '-ll 'l <;J, .<t .4--rJ' .1-" .IV , ~f o..cf c-"?~~ / Y-1- ",I' crSSf'(X)l c) w~ S6~) o ~" ~8 . . 0" "" -" v LEGEND, DISCRIPTlON SYMBOL PROPOSED CONTOUR UHE_ AND ElEVATION EXISTING CONTOUR UNE _ __ AND ElEVATION EXISTING LOT COVERAGE LANDWARD OF WET LAND BOUNDARY: DESCRIPTION SQFT. Ex. RESIDENCE 1127.52 Ex. PATIO 288.6 EX. WOOD RAMP 46.4 Ex. DRIVEWAY 295.3 Ex. SHEO 71.34 Ex. CELLAR ENTRANCE 43.2 TOTAL: Ex. LOT COVERAGE 1872.36 110GB? PROPOSED lOT COVERAGE lANOWARD OF WET LAND BOUNDARY: DESCRIPTION SQFT. Ex. RESIDENCE 1127.52 PROPSEO ADOmON 168 PROPSEO DECK 400.6 PROPSED DRWEWAY 762 PROPSED GARAGE 526 PROPSEO STOOP 28 Ex. CEllAR ENTRANCE 43.2 Ex. . SHED 71.34 TOTAL: 3128.66 PROPSEO LOT COVERAGE 19.48:r. SURYn Of DESCRIBED PROPERTY _rr SOUTHOLD. TOWN OF SOUTH OLD SUFFOLK COUNTY. N.Y. SURVEYED FOR: JULIE ANNE HAE"RR 11tA1 1ooo-1J5-03-028.1 GUARANTEED TO JUU[ ANN[ HAERR ELEVATIONS SHOWN ARE IN 1929 NGVD. flOOD ZONE Do\TA IS FROLl WAF' NUMBER J610JCOl58 G €F'F[CTIVE OATE WAY ~. 1998 MAP SHOWING PROPOSED ADDITIONS TO RESIDENCE. NOTE, INFORMATION FOR THE PREPARATION OF THIS SITE PLAN TAI:EN FROM A SURVEY PREPARED BY STANLEY J. ISAKSEN, JR. LICENSED LAND SURVEYOR '31-734-5835 DATED, OCTOBER 31, 2005 SCTM# IOOO-I35-03-02ll.1 AREA.IQ.7W 5QfT AREA OF LOT IN DELINEATED WETLAN5 AREA.3.7/Pl 5QfT JJA . SEARLES, STROMSKI, . ASSOCIATES ARCHITE=S PLANNERS, P.C. 131 ROUTE 2SA Sl.IITE 3 ROC1CYPOINT NEW YORK. 11778 PHONE (631) 7+4-2852 FAX(631)7~ WEBSITE, WWW.SSA._ARCHlTECI.S.COM Proposed Addition & Alteration For Mr. and Mrs. Karl Haerr 305 Mill Creek Drive Southhold, N.Y. 11971 SEAL Copyright 2005 Se.rIe...scrom.Id, ~. An:httec:ta. AU'I'igbb.--.rn:d. 'TheAn:hitcct.---. tberigbtto~1hladaigaia.itaemiretyor...,. pordon1bereat. u...a.borized8luirationoftbe.e cIoculaeDt.I..-nol.tkm ofthc New York S\ate Educ:mcm Uw. n..- m.wmg....d.. n ~ ~_ _~of~...d._tbe~oftbe Architect.. Tbe.e dn:wmgs...d..' .roc QOI: to beu.edon..yotbs-projlllCt,ezgeptbywritt1l!l> ~oldleArdo1tec:r.. SCALE, PROJECT NO. 0526 1"""30'-.0" DAn 3/14/06 DRAWN BY STI.. CHECKED BY RS 'IITLE Site Plan SHEET SP-l . . 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 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. MARCH 30. 2006: 9:35 A.M. JULIE ANNE HAERR #5845. Request for a Variance under Sections 100-242 and 100- 244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concerning a request to build additions. The reasons stated for denying the application is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line, at 305 Mill Creek Drive, Southold; CTM 135-3-28.2. 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: March 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski r; 4If e FORM NO.3 NOTICE OF DISAPPROVAL / c;blf." .1J DATE: January 10, 2006 TO: R. Searles for Julie A Haerr 131 Route 25A Rocky Point, NY 11778 Please take notice that your application dated December 30, 2005 For permit to construct additions to an existing single familv dwelling at Location of property: 305 Mill Creek Drive, Southold County Tax Map No.1 000 - Section 135 BlocklLot 28.1 Is returned herewith and disapproved on the following grounds: The proposed additions to a non-conforming dwelling, on this approximatelv 20,000 SQ. ft. lot, in the R40 District. is not permitted pursuant to Article XXIV Section 100-242 which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create anv new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The proposed front vard setback for this lot is 36.3'. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of nonconformance. Pursuant to Article III. Section 100-244 such buildings shall be located a minimum of40'. In addition, the proposed side vard setback is 8'. Pursuant to Article III, Section 100-244 such buildings shall be located a minimum of 15' . &..~ t:JL /~thorized Signature Office Notes: OF APPEALS . APPLICATIO ... S~ Fee: iI~ Filed By: For Office Use Only .- Date Assigned/Assignment No. Parcel Location: House No. 305 StreetMi 11 Creek Drive Hamlet Southold SCTM 1000 Sectiou~B1ock_lLLLot(s) 28.1 Lot Size .453A Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~ A"'" LJA-~Y 10 f 2-0t:'~ AppUc-ant/Owner(s): Julie Anne Haerr Mailing Address: 5 Clinton street Mount Sinai. NY 11766 Telephone: (631) 473-1668 NOTE: If applicant is not the owner, state lr applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Anthorized Representative: / Archi tect) Searles. Stromski. Associates Architects Planners P.C. Address: 131 Route 25A Suite 3 Rocky Point. NY 11778 Telephone: (631) 744-2852 FZX: (631) 744-6654 Please specify who yon wish correspondence to be mailed to, from the above listed names: D Applicant/Owner(s) ~ Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: 'l9 Building 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---=--m Section 100- 2-",'" Subsection Type of Appeal. An Appeal Is made for: I1J A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 2S0-A. D Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal 0 has Dthas not been made with respect to this property UNDER Appeal No._Year . :. ~.' .' . . . _0 .,{) --,I .' f' o . Page 2 01 3 . Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER ot the neighborhood or a detriment to nearby properties, If granted, because: See attached description (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: See attached description (3) The amount of relief requested Is not substanHal because: See attached description (4) The variance will NOT have an adverse effect or Impact on the physical or environmental condlHons In the neighborhood or district because: See attached description (5) Has the varIance been self-created? ( ) Yes, or ( ) No. If not, Is the construcHon existing, as built? ( ) Yes, or ( ) No. See attached description (6) Addllionallnformatlon about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) See attached description 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 8, QuesHons on next page to apply USE VARIANCE STANDARDS. (Please consult your aHorney.) Otherwise. Drease Droceed to the siGnature and notarv area below. Sworn to before~e this /'" day ~:.:"'" 20oq.J ~ry Public) S nature of Appellant or Authorized Agent (Agent must submit IoIuthorlzaHon from Owner) ALLAN D. GRECCO NOTARY PUBLIC, STATE OF NEW VORK QUALIFIED IN SUFFOLK COUNTY REG. #02GR6073756 MY COMMISSION EXPIRES APRIL 29.2006 ZBA App 913010 . ~ .... .. . , . . .. . () .() PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Julie Anne Haerr 1. If building is existing and alterations/additions/renovations are proposed: . A. Please give the dimensions and overall square footage of extensions bevond existing building: Dimensions/size: see attachment I A I "Proj ect Description" Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend bevond the existing building: Dimensions/size: N / A Square footage: U. If land is vacant: . Please give dimensions and overall square footage of new construction: Dimension/size: N / A Square ipotage: Height! j m. Puipose and use of new construction requested in this application: Sinqle-Family residence IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): See attachment 'A' "Project Description" 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 itiformalion, 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. Thank you. )6~6 _ Iss-3-2A.,TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET "A, !J VILLAGE DISTRICT SUB. LOT IMP. __3D' &--1r-'V v / DO /300 AGE NEW j..~oo 3~ b 0 NORMAL Farm Acre Tillable I Ie. 3 Woodland Swampland Brushland .....,,- House Plot Total VL. ! , I MISC. '/t/ . (ra/ . N ~ f"'l.l S,' 1/' .: iil ~.'-f ~ , I \'1 ! ACREAGE . . ~ 6 TYPE OF BUILDING I IND. CB. FARM COMM. TOTAL DATE REMARKS , ('C) C/ BELOW ABOVE :t:I Value Per Acre Value e " - b~? IP- <? ts,t,/ 9' ~ J .,,,JJ '..2' l!t-,,~ I J J1c) Cc, ./ c..- -- M. Bldg. 'J;.4"J. " _ 1/6 Extension Ext.n Extension Breezeway Garage O. B. Faundation Basement Ext. Walls Fire Place Patio Driveway 1/ . 1.1 I' f 6 sG. e..,fj J-- Bath Floors -OAk: Interiar Finish /t.~ Heat Porch Attic Porch Raams 1 st Floor Raoms 2nd Floor .'/"\ -I / SOUND \W \10 S't.t.<:.lC, . '" ffl """ f,- J I CD -, '?'S.,,<:,) / '" -- OII/j4l>I"" ''''~ .~ -------. '" m Hoshamomuck Pond ~;; ~ ~- /' " ~ , Ilator~<lDIIIr~t ll... - HST -- ~.DIoIr1'tUn.--A-- l"t,oot...OI,t,Ic'llno II UN~ESS ." SCHOOL '0' U(lI!T PAR' AWllUlANC[ DRAIN WITHIN . 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