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HomeMy WebLinkAbout5855 as ~i b~~{JSu!. ~+-___~________~ /.3/r ~~ ~?- ~, cfA.J. . . ~ I!/;~o/::V: ~b€~~ ~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . hup:/ /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 Road (at Youngs Avenue) Southold, NY 11971 RECEIVtD ,:.-~ II.'CJ,5,- .I;1J? JUN 2 alll6 ~aitr.~tI s, . ~ '.\ 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. 5855 - BIEL ASSOCIATES, LLC c/o Gaston Criblez Property Location: 1315 Waters Edge Way, South old CTM 88-5-68 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 contains 16,250 square feet with 12.50 feet along a right-of-way which extends off the south side of Watersedge Way, in Southold. The only building on the property is a small shed, proposed to be removed. To the west, north and east of the premises are lots improved with a single-family dwelling. BASIS OF APPLICATION: Zoning Code Section 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval and applicant's request for a dwelling with a setback less than 35 feet from the front yard lot line. The applicant's original request for a variance under Code Section 100-239.4B was modified with submission on April 21, 2006 of a site map dated April 4, 2006, showing conformity to the code-required minimum 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006 and 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 applicant is proposing a new dwelling, with a front yard setback at 31 feet from the northeast corner, as angled, measured to the northerly property line, instead of a parallel line to the northerly lot line at 31 feet which was shown on the applicant's original plan last dated December 19, 2005. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page2-May 11, 2006 A ZB File No. 5855 - Biel Associates~ CTM No. 88-5-68 . 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is building a modest size single- family home in a neighborhood that has many single-family homes. The character of the neighborhood will remain the same in the grant of the variance for the northeast corner of the new dwelling, as angled. The majority of the dwelling construction will substantially be within the restricted area to meet the zoning code requirements. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is located along a private right-of- way and along Peconic Bay, which yard areas limit placement and size of a principal dwelling. The lot has certain restrictions placed upon it by the Southold Town Trustees Permit No. 6164 due to proximity to the town waters. These restrictions limit the placement, and the portion of the dwelling which is the subject of the variance is approximately 10 feet (measured west to east) and only four feet deep at the north/east section. 3. The variance granted herein is not substantial. Only a small portion of the northeast corner of the house will be located outside the restricted 35 ft. limitation of the code for approximately 10 feet, running west to east, at the front portion and approximately 4 feet running north to south at the east corner. 4. The difficulty has been created mostly by restrictions placed on the lot under the wetland ordinance in the Southold Town Trustees' permit. 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 dwelling, 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 GRANT the variance as shown on the April 4, 2006 revised site survey map prepared by John Schnurr, and shown on the rough elevation diagram with a ZBA date-stamp of February 15,2006, subject to the following conditions: That the right-of-way shall be improved with the following specifications: 1) the existing base shall be cleared and leveled to a width of 10 feet to the entrance of the applicant's property from the public street; 2) the right-of-way shall have a cleared width of a minimum of 13 feet with continuous maintenance at all times; 3) the right-of-way base shall be improved with either one of the following: (a) 4- inches of compacted crushed concrete and finished with 2 inches of %-inch stone blend, or (b) 4 to 6 inches of %-inch compacted stone blend. Page3-May11,2006 - ZB Fila No. 5855 - Bial Associatas,~ ClM No. 88-5-68 . 4) If the degree of slope will require a drainage system to contain water, the applicant shall change the grade of the right-of-way for a slope toward the public street and place a drain adequate to contain surface water within 10 feet of the town road; 5) the right-of-way base improvements shall be continuously maintained by the applicant and with full clearance at all times. 6) it is requested that no certificate of occupancy be issued to the applicant or subsequent owners until an inspection of the right-of-way is inspected for adequacy of the base improvements and continuous maintenance. The inspection shall be performed by an individual authorized by the ZBA Chairperson to represent the Zoning Board of Appeals. 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 adopted (4-0). () ~/Uu ISJ, (Q-U!A~ Ruth D. Oliva, ZBA Chairwoman 5/31/06 Approved for Filing $~\J) f) - rflc;../ ~~ ( GIARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK MailinQ Address: P.O. Box 1547 Riverhead, NY 11901 TEL: (631) 369-82JO FAX (631)369-9080 E-mail: charles.cuddy@verjzon.net August 22, 2006 Ruth D. Oliva, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 AUG 2 2 2006 if '" I) ! /1, · !~I pi! (lUt~cI /po-.- !i;'i7 I~b ~~. Re: Biel Associates, LLC-Zoning Board of Appeals SCTM#1000-88-05-68 Dear Ms. Oliva: J Thank you for your consideration of the request in my letter of August 2, 2006. We prefer not to have a further hearing in this matter and regret the misunderstanding as to your practice and procedure with reference to placing a basement under the home to be constructed. Very truly yours, c~~~ CRC:dmc ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK ~ {JLU4 - ClIARLES R. CUDDY Maili!l,gAd.dx~Jl~ p.o. Box 1547 Rive,head, NY 11901 August 4, 2006 Ruth D. Oliva, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southo!d, NY 1]971 Re: Hiel Associates, LLC-Zoning Board of Appeals SCTM#1000-88-05-68 Dear Ms. Oliva: The Board's decision of May 11, 2006, granting a 4 ft. area variance referred to the design of the house as originally filed with the Board. As you will recall, the size of the house was reduced from 50x40 to 40x30, and the house was relocated to avoid obstructing the neighbor's view. However, a new house design was not submitted. The applicant wishes to place a basement under the home in order to place a heating system and other mechanical devices in that area. While the design of the home is substantially the same, this will raise the height of the home so that it will be 30.8 ft. The original height was 26.11 with a basement-crawl space. The profile of the !J.ouse is essentially the same as indicated by the enclosed plans. . We respectfully request that you confirm to the Building Department that the house with the basement is acceptable to the Board. This house plan makes no change effecting the 4 ft. area variance required at the north east Corner of the house. CRC:ik Enclosures Very truly yours, ~~ Charles R. Cuddy t/' . RIDGE VENT . /_---------- ---- --------------- MRH 12 S~<O(, .. ?-' @\" ~'2 'r'\O 12 2X8 C J @16"QC / / ./ / / / DD / / - / / / / DO / / / 0 / / / 1 CD / / DO o I (J) - - -:;:t rr)'. C'l - I m ~ ]/4" SUB FLOOR YVI45 9 1 /2~ WOOD I F J @16"OC (2) 1 3/4X9 1/2 LVL GIRDER ~~ '" CD I n STEEL COLUMN " ,-' " 2"f CO~~C. SLAB ." 1II1II ROOFING: ASPHAL T ROOFING 15# FELT UNDERLAYMENT: 5/12 + PITCH IC E/WA TER BARRIER UNDERLA YMENT: 4/12 - PITe 1/2" C DX SHEATHING SIDING: 6in, EXP, BEVELED CEDAR SIDING 15# FELT UNDERLAYMEIH 1/2" CDX SHEATHI~JG H~SULA TION: C EILlNG(S): R30 EXTERIOR WALL: R19 STAIR WELL: R13 1ST, FLOOR: R30 I CD C'l SILL: 2X6 PT'MUD SILL' PLA TE TERMITE SHIELD SILL GASKET FOUNDA TION: 8" C ONC. WALL DAMPPROOF EXTERIOR 16"X8" CONe. FTG. AVERAGE MRH; 23'5 + 19'2-3/4 0 42'7-3/4 4?'7...,.3!4 / _2 = 21'3-7/8 o I n . . LEGAL NOTICE SOUTHOLD 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: 10:15 A.M. BIEL ASSOCIATES, LLC c/o GASTON CRIBLEZ #5855. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval concerning a proposed dwelling at less than 35 feet from the front yard lot line and less than 75 feet from the bulkhead, at 1315 Water's Edge Way, Southold; CTM 1000-88-5-68. 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 JAN 24 '06 02:15PM SOU~D BUILDING 631 765 9502 . P.l FORM NO.3 r;6 NOTICIt OF DISAPPROVAL TO: Charles Cuddy AIC Criblez 445 Griffing Avellue Riverhead, NY 11901 DATE: January 3, 2006 AMENDED: January 24,2006 Please take notice thaI your applic~.tion dated December 29, 2005 For pe.nnit to construct a neW sinl!le familv dwelIin2 at Location of property 1315 Water's Edge Way, Southold. NY County Tax Map No. 1000 - Scction 88 BlockJ. Lot~ Is returned herewith and disapproved on the following grounds: The proposed construction. on this non-oonformmi! 16.250 sauare foot lot in the Residential R-40 District. is not ~ennitted pursuant to Artiole XXIV. Section 100-244. which states that nonconforming lots measuring less than 20.000 square feet in total size reauire a minimum front yard setback of 35 feel. Followme: the oroposed constrUction. the dweIIinl! will have a front vard setback of +1- 31 feet. In addition., the proposed construction Is;not oermltted Article XXIII Section 100-239.4B which states' , "AU bulldine:s located on lots uoon which a bulkhead. concrete wall. rloran or similar structure exIsts and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-i'"Ive(75) feet from the bulkhead." The proposed dwellinl! is noted as being +1- 59 feet from the eustin!! wood bulkhead. a 24 2006 to dd omissions. '\ --.,--~ cc: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require addit\oD.ltl review from the Southold Town Building Department. ,. - . ~ ~ J. J. For Office Use Only Fee: sBro Filed By: .~." .et1--Date Assigned/Assignment No. Office Notes: 'S-'6.s- S- 'E-G 1. _. e,' C F ' i' n . ,-"~ '-" fiOb APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 1315 Street Watersedge Way Hamlet Southold SCTM 1000 Section~Block~Lot(s) 63 Lot Size 0.33 Zone District R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: January 3, 2006 Owner as Applicant: Riel Associates. LLC c/o Gaston Criblez Mailing Address: 126 Arleigh Rd.. Douglaston, NY 11363 Telephone: Fax: N/A NOTE: If applicant is Dot the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Charles R. Cuddy, Esq. Address: P.O. Box 1547, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Please specify who you wish correspondence to be mailed to, from the above listed names: D ApplicantlOwner(s) I!i Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/29/05 FOR: amended 01/24/06 I1J Building Permit D Certificate of Occupancy D Cbange of Use D Permit for As-Built Construction D D Pre-Certificate of Occupancy Other: Provision ofthe Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI Section 100- 244 Subsection XXIII 100-239. 4B Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. D A Variance due to lack ofaccess 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 bas ~bas not been made witb respect to tbis property UNDER Appeal No. _Year . , ~ - REASONS FOR APPEAL (additional sheets mav be nsed with applicant's sil!nature): AREA VARIANCE REASONS: (1) An undesirable cbange will not be produced in tbe CHARACTER of tbe neighborhood or a detriment to nearby properties if granted, because: This is a preexisting lot similar in size to other lots and will have a single family dwelling constructed on it similar to other lots. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, hecause: The applicant placed the house in the front yard setback area as a result of the Southold Town Board of Trustees' requiremen~ and a setback is as far from the bulkhead as possible. (3) The amount of relief requested is not substantial because: The minimum front yard setbaKk required by the Town Code is 35 ft.. The location of the house provides only 31 ft. front yard setback. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The applicant wishes to construct a single family home in the residential community. (5) Has the alleged difficulty heen self-created? ( )Yes, or (l!)No. 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. Ch"kthis hox ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this ,,~ day of 20-d-. 7 '2' CHARLES R. CUDDY Notary Public, State of New YQl1r No. 5872225 Co I Qualified In Suffolk County ,"In SSlon Expires December 31, 20d .. .. PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Biel Associates, LLC I. Ifbuilding is existing and alterations/additions/renovations are proposed: N / A A. Please give the dimensions of new extensions bevond existing footprint of building: Dimensions of first floor extension: Dimensions of second floor: Dimensions of floor above second level: Height (from ground to top of ridge): B. Please give the dimensions and square footage of new construction over existing footprint or over first floor or basement areas: Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height (from ground to top of ridge): Square footage for first floor: second floor: II. Ifland is vacant: Please give dimensions and overall lot coverage percentage and square footage of new construction for each floor: 50' X 30' Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: N 180 . Height (from ground to top of ridge): III. ThPurpose anl<;\ use tofm;whconstrut ction reqtuestetd in thi.s ap.plicl1tion.:l dw~lll',v. e app lean W1S es 0 cons rue a slngle-taml y ~ ~o IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in,.meeting the code requirement(s): Th~ Town have required that the house be setback a specific distance from the bulkhead. which. in turn requires a front yard variance; in addition the configuration of the lot requires a variance from the 75 ft. setback requirement from the bulkhead. V. Please submit seven (7) photos, labeled to show area of proposed construction or existing yard areas for which variance relief is requested (after staking comers for new construction). Please note: Further changes, after submitting the above information, 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. 7/02; 2105 I J-te -~ ,? OWNER 1/.1/9 RES. _ '9 TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET 131..5 VILLAGE DISTRICT SUB. LOT u . ch.,..rtY'f Nt) S /~ -.:...1 ACREAGE ~J7].. I TYPE OF BUILDING I'SEAS. 2bO IMP. VL. - I CB. I MISC. . I .r f I J'tJ trV TOTAL \ 1'1-? I (A lro...,.b-- ,-.... ~ .. -- -, ~.' c- 0 , . I-~c"ff!'.t'.s d,f-l ~ :? tJ() 300 NEW AGE BUILDING CONDITION NORMAL ABOVE Farm WJe 1 ~Ie 2 Tillable. 3 Woodland )wampland 3rushland Hou~ pTot fotal BELOW Acre Value .~_...,.~.- ~ ..-...-~ .-.----........... ........,... Value Per Acre ...-' - '-- - - x:J ,. j ,1~;j , I I I I I ~ , ~ I #P- l\If -.I I ~~ ~ - ~- . -. i=\ill ' '- 'O-;:::::I~~ Bldg. J(, y :2. I ~ J36 ,/ I"'" .;l;:lGo foundotion Both ens ion Basement Floors ~ Ext. Walls Interior Finish Fire Place HeOlt 12- f '1-1 : .)~2.j J ::: h '" Porch " Attic j Porch Rooms 1 st Floor ezeway Patio Rooms 2nd Floor -age Driveway B. - 3f r . 1tUp. rJ.,-,jP /# d .:..--- j -:i f'T J ~-t- --J ", CD 11.1 .?<'.4-4 ., " , ~fD 't't- S-- (0" &1 &1 HOG ~~j NECK BAY L ~...lIIlh 1oJo~"'1M lOlIlo. 8rJcol,",11 ---- ."I1..HII,;rlr.IUno __SCH_ II:JooTaIllJotrl<.llno __H__ I..tI..ESS OFtUH OTIlI1l'lSt, m PPOPEFlTES E ~.. '-'- -+- !oJlcav,.I..BIo"'~1">- (21) @ __f__ 1Io",",lIlslrklUl'lO __R__ '" .ITHIN ,"' fOLLOWING OISTFtlCrs., C 1IIo<;'~' Fnllrir1<IUno """ , ..~ E _lo""l.oILN --~~_. Ilooolliooonlkln loI..-(lrnlctllno --1-- Ib,..."'Q1Ilo"ktllno _1IS1__ 'M ,. HYIl/lAHT N Itr_/!llon --~ 0, C<ultjl.... --- Lllt>1!llcfrltttll'l' __L__ /.otIlian<tlllllrl<f!...--I-- ~"' .. illER eo. llEFUS€ 0 1'G"t...,. " \Ioodln, 12.1.1.ldlor12.tA 1...,u". ----- Plr'<tlolrktll\e --p-- 'ort.""torOl.Ir'<I11no -11-- I\llBl.lllflCE USTEUTER nil _0<11'.. 12.1 AIel ilbpolk'!o ----- s.....llJtrIctlN __5__ S8 ~i b~_{JS<<l: ~+____~_______~___~_ /.Blr Jfo:4M td?'- ~ ~ tt,J. . . -tt r8~- j- tfw) ~ fCfS~<1~ yJff 3/3o/i?6 r "i/z..7/~b- /J~A)'Ds - . ... '" , Office Location: . . USPS Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: Building Department Attn: Michael Verity, Chief Building Inspector DATE: James Dinizio Jr., Chai~f\\ Zoning Board of APpeal~ November 20, 2007 FROM: SUBJECT: Inspection by ZBA per ZBA #5855 (CTM 88-5-68 at Waters Edge Way) The ZBA received a request by letter on November 9, 2007 from Jack Brady, Builder for the current owner of 1315 Waters Edge Way in Southold, requesting an inspection of the right-of-way. In accordance with ZBA Condition #6 of Decision #5855 rendered May 11, 2006 (Bie! Associates), ZBA Members Jerry Goehringer and Michael Simon inspected the right-of-way and confirm that the right-of-way improvements at this time meet or exceed the specifications outlined in Conditions #1- #4 in ZBA #5855 under Biel Associates, applicant. Condition #5 of ZBA Decision #5855 (as per NYTL g280-A) also reqUIres the improvements to be continuously maintained with full clearances at all times. Thank you. (II It rI..J1"eu,j fVlo..:l"lv g'~~l~~ ()..I '--71 7to rat./i qu'r 61~ ~\t fT JI7Jf" , - , To: FilelBiel Assoc. From: G.Goebringer, ZBA Memb Date: 11l13/07 Subject: Inspection of ROW from Public Rd. to improved parcel on Pee. Bay By physical inspection on 11/10/07. found improvements to ROW to meet or eXcefd requirements. /v)y bb~r/4~ UIYJ'Ir;frJ~J ft1/t a,seitr1/~ C<srldsj 0/1 _ /J j) ~J/N~ io:ZM RIEClEn~1E1i) .... BOARD OF APPEALS .pl___ .]) WI ~c) # 6f~~(J3,;;)ass OC/) ;(~ CK BRADY c U S TOM 8 U I L 0 E R IN 76 Park Street. Blue Point, New York 11715 C. <._ ~ A r> //-7-,),007 /v /ow........... 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