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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
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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
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel, (631) 765-1809 . Fax (631) 765-9064
RECEIVED
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 8, 2006
Appl. No. 5896 - KEVIN AND VIRGINIA COTTON
Property Location: 825 Dogwood Lane, Southold
CTM 54-5-33
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 applicants' 3,398 square foot lot is improved with a
single-family dwelling (with small front stoop and rear 120 sq. ft. deck) and 51 sq. ft. accessory
shed, all shown on the October 26, 2000 survey prepared by Michael K. Wicks, L.S. The
dimensions of the property are only 50 feet wide by 67 feet 1.5 inch.
BASIS OF APPLICATION: Building Department's April 5, 2006 Notice of Disapproval, citing
Section 280-244 (formerly 100-244) in its denial of a building permit application for new
construction, for the reason the front addition will have a setback at less than 35 feet, the rear
addition will have a setback less than 35 feet from the rear lot line, and the lot coverage will
exceed the code limitation of 20% maximum.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 25, 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 VARIANCES REQUESTED: The applicants wish to construct an open deck addition or
new front stairs with landing at the front of their dwelling, and to construct a screened porch
addition at the rear of the house, replacing the rear deck. The first plan was 31 % iot coverage.
Another plan was for 30% lot coverage, and a new 29 sq. ft. covered entry plus steps extending
west closer to the right-of-way than the existing steps. Another option was submitted for a 4'10" x
16.25' deck plus side steps at the south end, proposed at 8'8" from the front property line. The
rear 15' x 18'4" screened porch was shown proposed at 8'9" from the side lot line and 10'3" from
the rear lot line.
ALTERNATIVES FOR CONSIDERATION: During the hearing, the applicant was asked to
consider an option that would reduce the percentage of lot coverage and modify the front addition
to bring it into more conformity (instead of the original plan or Plan A with 31% lot coverage),
Page 2 - June 8, 2006 .
Appl. No. 5896 - K. and V. Cotton
54-5-50 at Southold
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Subsequently, the applicants submitted revised plans for consideration, as follows:
Plan B: requesting a 4'10" open deck at the front of the house, 8'8" from the front yard lot
line, and 14'x18'4" screened porch at the rear, 9'9" from the side lot line and 11'3" from the rear
lot line. Lot coverage was reduced to 30%.
Plan C: requesting a 4' x 7'6" landing with steps at a iength of 21 feet and a rear yard
setback of 39.9 feet. With the proposed rear porch, lot coverage was reduced to 30%.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of a variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the improvements the applicant
requests are residential in nature and customary to any house in the area.
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 sits on a very small lot and is
currently nonconforming with respect to the front and rear yard setbacks required by the code.
3. The variance requested herein is substantial. It represents a 74% increase of the code
maximum 20% lot coverage limitation.
4. The difficulty has been 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 the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an addition, 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 Weisman,
seconded by Member Goehringer, and duly carried, to
DENY 31% lot coverage on Plan A and DENY the covered entry as requested on Plan A,
and to
GRANT alternative relief, as follows:
1. That the setbacks for the front and rear shall be limited, allowing either the front 6' x 5'
landing plus existing steps, and the rear 18'4" x 15' screened porch addition which is
shown on the south elevation plan dated 2-27-2006 prepared by Penny Lumber; OR
alternatively the front 4'10" x 16.25' L. open deck addition plus 6x5' side steps, and rear
Page 3 - June 8, 2006 .
Appl. No. 5896 - K. and V. Cotton
54-5-50 at South old
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18'4" x 14' screened porch addition as shown on Plan B prepared by Penny Lumber
dated 4-25-2006, and
2. The lot coverage shall not exceed a maximum of 30 percent of the lot size under
any building plan.
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), Goehringer, Simon and Weisman. Nay:
Member Dinizio. This Resolution was dulMopted (4-1).
UJ 0 om, 0:) . (\) S2.w-al
Ruth D. Oliva, Chairwoman 8/8/2006
Approved for Filing
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MAY 25, 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. MAY 25. 2006:
10:05 A.M. KEVIN and VIRGINIA COTTON #5896. Request for Variances under Section 100-
244, based on the Building Inspector's April 5, 2006 Notice of Disapproval concerning
proposed additions/alterations to the existing dwelling at less than 35 feet from the front and
rear yard lot lines, less than 25 feet for combined (both sides required at 10ft. and 15 ft.
minimum), and with lot coverage in excess of the code's 20% limitation. Location of Property:
825 Dogwood Lane, East Marion; CTM 54-5-33.
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: May 5, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
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FORM NO.3
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NOTICE OF DISAPPROVAL
DATE: AprilS, 2006
TO: Kevin & Virginia Cotton
48 Deer Lane
Wantagh, NY 11793-1808
i?r:
Please take notice that your application dated March 29, 2006
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ZONING
For permit to construct additions and alterations to an existing familv dwelling at 804F1D 01' APr..
...4ls
Location of property 825 Dogwood Lane. East Marion. NY
County Tax Map No. 1000 - Section 54
Block2
Lot2J
Is returned herewith and disapproved on the following grounds:
The proposed construction. on this non-conforming 3.049 square foot lot in the Residential R-40
District. is not permitted pursuant to Article XXIV. Section 100-244. which states that nonconforming
lots measuring less than 20.000 square feet in total size require a minimum front vard setback of 35
feet. a minimum rear vard setback or 35 feet. a total side vard setback of25 feet and a maximum lot
coverage of 20 percent.
Followin the ro osed construction the dwellin will have a front ard setback of +/- a rear
ard setback of +/- 12 feet a total side ard setback of +/- 21 feet and lot covera e 0[, /- 34 rcent.
,
Damon Rallis, Permit Examiner
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
Office
Notes:
For Office Us. Only
Date' ssi ment No.
eCFIVfO
APPLICATION TO THE SO ~~OARD F APPEALS
APPEALS
Parcel Loeation: HouseNo.(2)Street D06-UJOOl) . -Hamlet S'o!JT1fCUl
SCTM 1000 Section DS'4.Block O~ Lot(s).:l3 Lot Size Zone District
1 (WE) APPEAL lI/b WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: 4; b
KEVIN oj- V{f<jy,NIA COTTON
Owner as Applicant:
~:~~: 48' b EEl? LN. Wit NTftfrtf I ;J If 1/713
TelePhonl5l f1 )t-f-()q - JoN 0 Fax:
NOTE: If applicul is not tile owner. state if .ppUtant is oWHr's attomty. ageat, ardtitect. builder. eo.tract Vnldee, ek.
Authorized Representative:
Address:
Telephone:
Fax:
Please specify who you wish correspondence to be mailed to, from the above listed names:
Il'C AppJicantJOwner(s) 0 Authorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPUCA nON DATED
FOR:
o Building Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
Other: ;7Wl1~, -h CIJ(1sfruel- AUJ 'iTt"tJ5 )- f/t..-Tei'_lfr(f)N.S k adA-I-i'lvQ- +ar1l''}V
, (L,.ue-jfl'~ /
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph J
of Zoning Ordinance by numbers. Do not quote the code.
Article XX \ V Section 100- .m-Suhsection
3/(/q }Ofo
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Type of AppeaL An Appeal is made for:
~ Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 2S0-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal 0 has lll. has not been made with respect to this property UNDER Appeal
No._Year .
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Page 2 ,I 11 "
Owner: KeN{\) 't- v " (2.6 tI\Jifl U)/TO N
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REASONS FOR APPEAL (additional sheets mav he used with applicant's sil!nature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detrimentto nearby properties if granted, because: prCJposej) /H)/)/T1t)I/J ~ /t--CTbfl.;J'htOllS Ate.Ef
//IJ7l3NfJl?f) 7D ~ ~ }JtVBJ...J.--IAltt i/IIID &Jf(~"'- vl/sqfe e()f!s-kll f:Ho'l tJ
ex:\:>#,v6- bt{cCl(. deckl The.- rroPllsed -n-do'l+ F.'oro.,_t:ll1d ba.c,~" ?~L ed rf'n~~cZfl
bc.m Uif\-Po'fh -to-+he.. qu~il't'r sea.s,de neJl\lwr"rl;tMfl1-.ID "",Ii-L be- CUI (lVU'''-
i rn~fe.rne.rJ;:t- I tJ <th.l Gtp'(.leMtt/1&... 0+ +he. t> (t)~ .
(2) The benefit sought by the applicant CANNOT be achieved b some metbod feasible for tbe
applicant to pursue, otber than an area variance, because: ,he.- \0+ S I ZG is +0 0 sfh ct ~ I
',I.' . dcAJe4{r/t< \~ tllre4du
(3) Tbe amount of relie! requested is not substantial \>ecause:/'t\ e. 12.\0:> 1'1 {\ Cj I' :J I r J
1'\ VII>/..O.1-tD(j Ot': IfrLTlt..le )(lLI\( Sect,oflIOO-2-l/lf J\i\d wto".t M 1ltS(i'~ 'TO"'-
-z. +t. 1(( {.fie. \:)Q~-P+..or'\ ~s ,de..
(4) The variance will NOT have an adverse elIect or impaion the ph)'Sical or envi'l'nmen,tal condi,tions n
in the neighborhood or district ljecause: iAle o--re f10 Y1PQr ClYlLJ We,IC01.d.s aM tAJā¬.\ V!.("h
(lot- e,IIUl C,U++tiL1 0.0(,1\(\ '!,I'lL} ~ (' -tfIe. It1fDro"2merl~. l1\e. Cl. -!evtl>r,812.l
art O(jl~ M~"~ -2. H. 'I- g-+4-, (lr'! +11e..IoQct'l-slde.. a?~ aVl eds-f1r:5 ck.clL ,
(5) Has the alleged difficulty been self-created? ( )Yes, or ~o.
This is tbe MINIMUM tbat is necessary and adequate, and at tbe same time preserve and protect the
cbaracter of the neigbborhood and the health, safety, and welfare of the community.
Cbeck tbls box (. ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TIACHED USE VARIANCE
SHEET: (please be sure to ooosult yOllr attorney.)
c:;?G ~
Signature of Appellant or Authorized Agent
(Acent must submit written AutborizatioD from Owner)
Sworn to bef~r,e me this
day or 2.1./"'" , 20~,
SfC4/V J~
Notary Pu
.IOANNE8E~
NatIrY PublIo, Slalll 01 New WIllI
__!<<!:.91-8E8098218
-- In Suffolk Counlf
"'0.", '1I1on EIqIlrw Sept. 2ll,llD.Q]
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APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: KEN iAJ V- ViiU/Alj'.f1 CtJ7iO,J Date Prepared:
1. For Demolition of Existing Building ~reas d () +" b 1/ { oj '
Please describe areas being removed: aclL u1 q.. --\-aii1 ('1'C.L- porrh (')), (l{1 'tyJ
II. New Construction Areas (New Dwelljng or New AdditionsJExtensions):
m_"", offim """m"..'o" jF~;A
DImenSIons of new second floor: I
Dimensions of floor above second level:
Height (from finished ground to top of ridge): I I
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: tv ()
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(atlach extra sheet ifnecessary) - Please describe building areas:
Number of Floors and General Characteristics BEFO Iterations:
j 7\J LY EfJR..
({ie.d..) po rfI CO {)'VU'
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
~h7he- dtEr;a;
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; 2/2005; 1/2006
/000 ~ S- - S:J3
OWNER
TOWN OF SOUTHOLD PROPERTY RECORD CARD
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