The URL can be used to link to this page

Home My WebLink About5795 ~"~.-""'" P. 90 '80 """""- ; "";,<j~, . . "" ,", V"" . . 'I, '" 079" a. L , , " ./ ,~~,.;,?V -fif 0;:,,,1.,; rr to; CU-Q..a S r . . . 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 /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hup:! !southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 RE'~~:~: ~,l~q JUL ld~ ol.tho H Tr. .;:n Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE a, 2006 ZB File No. 5795 - James Curran Property Location: 6aO Oakwood Court (Lakeside Drive), Southold; CTM 90-4-4. 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 25,134 square feet parcel is improved with a two-story frame dwelling and shed, as shown on the March 21, 2001 survey, updated September 21, 2005 prepared by Harold F. Tranchon Jr., P. C. BASIS OF APPLICATION: Building Inspector's July 2a, 2005 Notice of Disapproval concerning the location of an as-built accessory shed in a front yard, instead of the code-required rear yard. 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 VARIANCE RELIEF REQUESTED: The applicant is requesting approval of the as-built location of an ax12 ft. accessory shed at 23.a ft. from the front line at Lakeside Drive and at 51.2 ft. from the front line at Oakwood Drive. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal 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. Allowing the as-built shed to remain will not adversely affect the character of the neighborhood. The shed is located in a semi-forested area and has minimal impact on the surrounding properties, on an essentially triangular lot between two dirt and gravel roads. 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 there is no other suitable location for the shed on the property. The lot technically has three front yards, and placing it in the rear yard would violate the setback requirements. 3. The variance granted herein is not substantial. The shed is small (12'xa') and is located 23.a feet from one road and 51.2 feet from the other. " Page 2 - June 8, 2006 . ZB File No. 5795 - James Curran CTM No. 90-4-4 . 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 of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory shed, 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 Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the May 21, 2001 updated September 21, 2005 site plan prepared by Harold F. Tranchon Jr., P. C. date stamped October 4, 2005, SUBJECT TO THE FOLLOWING CONDITION: 1. That 15 linear feet of evergreens (screening) be planted behind the shed. 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 (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). CLoo.) eJ. (Q~ Ruth D. Oliva- 7/&?06 Approved for Filing I) \ ~ ,t, I-}, /' r (", ,~. ,,/ u .' , . , ,. L( " ",t /'- , 0, '"~,',' - ~r,-lif-...--,.r_ '..,-...,..,....""-"..--. -,. .~_~__"''''''__.".'''.,.. "-"---'~:".' LOT AREA= 23,594 sq. ft. . LDT NUMBER 87 N 61"08'16"E <g.. \ '50 <0 ,.. ~\ .p '!. -~,>Fn n r' ~~'~. ' ~': ~r ,...,..:;. fj fl""" ., oel 4 'L005 ~ F APPEALS ZONING ao,;:'rcl) 0 HOlE: CESSPOOL, SEPTIC TANK" WAtER SERl/lCE lOCATIONS BY OTHERS. .:. \ \ \ \ \~\ o I ~ \ \: \ IiI \ ~\ \~I 1 \ I el 101 IgI \~\ Iml \ \ \ I I I ~ ... \ \ g o \ \ \ I I I . ~EYI ~ 8. 171.07' ,/ -- wat..._ <0 ,.. ~ '\ '50 9-21-2005 UPOAlE SURVEY ...._...... ....__ _""_10_ ......, .... ,. .. A ....: ..... MIl ~ ~ "_ __ ,. NDI' _ Ie _ 1M! _.. _ --...... -... ..- ~,.. MlDfDIl1l ___..lilt mte ~ 'V'V" ,M.1IMlDI GR __ 10 ~ ~ . A WI.A1III tIF Il'C1DI 13111 fI1 ,.. _ ..- .-n: --- .... 1JIl"' - -"D .- -.a. _ mLY 10 'tHE ~ FCIII .. 1tE ..... ....... Me aN .. .., 10 1M! 11\1 ...". .l'Irr """J'. ".." _ ~ _.Ji41 ....-. ~ 10 1IC _,. 1tE ~.~..:: "W,.....1'RJJ....y,,............~ 0DPEIi " 1111 ....., WI' NCR' _ TIE lMD .--.. ... -. DR _.w.ItW.l.NCJ1'K m.A......... CERTlFlED ONLY TO: .------ l' (! / \ (/y.. :....v ~d'^"~ (-t-- N.Y. Lie. No. 04811112 HAROLD F. TRANCHON JR. PENN. Lie. No. 2115-E 05-394 ~ i I Ul ~ cq (,j QI ui o . ,." ~ z Iii ~ ... o ~ z I ::,t JOB No. 01-231 FlLE No. CEDAR BEACH PARK SURVEYEO FOR LOT NUMBER 68 MAP Of CEDAR BEACH PARK SlTUAlED AT BAYVlEW TOWN OF SOUTHOLD - SUFFOLK COUNlY N.Y. SCAlE 1. = 40' DAlE 5-21-2001 FlLED ~ No. 90 DAlE 12-20-1927 TAX llAP No. (REF ONly) 1000-90-4-4 DISK 500 HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR 1866 WADING RIVER-MANOR RD. WADING RIVER, NEW YORK, 11792 631-929-4695 4 4" Overhang on all four sides eliminates sidewall streaking from wat r. runoff intenance Free aluminum drip edge or painted wood corners 2 Aluminum Jalousie windows with screens & shutters, or choose optional windows. Custom placement at no additional charge. I I I I I J Latex/acrylic exterior paint in your choice of 13 colors r clear-sealed 225 lb. 20 Year guarantee asphalt self:sealing shingles In your choice of 6 colors 'h" C. D.x. Plywood roof sheathing 2" x 4" . Double gusseted roof trusses for unmatched strength@ 24" o.c. Galv. Hurricane. Clips (Typ.) Finished soffits for beauty and weather tightness / End Vents both ends provide proper ventilation Reinforceq Double Doors painted' on both sides with 2x4 framing PRESSURE TREATED B.C. 5 ply plywood floor, secured with ring shank nails Jacks & headers in all door framing to meet all State and I '. 1 Full 2x4 , Kifn dried stud waifs ' Gal". Hurricane Clips (Typ.) Full 2x4 sill pll(ies OIl all four sides PRESSURE TREATED 2x4 floor joists 16" O.C. .. .... ..!ll 5/8" "J: ,-" Fir Siding or cnoose Optional Horizontal Wood Siding or Vinyl Siding NOTE: SHED IS TO BE TIED DOWN TO GALVANIZED STEEL "IRON ROOT" DOUBLE HEAD, DOUBLE HELIX EARTH ANCHORS AT ALL CORNERS OF FOUR CORNERS, AS MANUFACTURED BY TIE DOWN ENGINEERING OF ATLANTA, GEORGIA, ATTACHED TO BOTTOM OF FOOTINGS & PERIMETER TIMBER sU';,'rORT TIMBERS. DETAILS APPLY TO ALL SHEDS UP TO 12 FT. WIDE BY 40 FT. LONG. I 1 , PRESSURE TREATED 4x4 foundation beams ~ II,J j>' 'I C p) If)' ,., .,,, ,., ~ <8>x)Z,)< \0 ""'~. ,-,-.. LONG ISLAN'D 5I-IEDS . . 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: 9:35 A.M. JAMES CURRAN #5795 - Request for a Variance under Section 100-33, based on the Building Inspector's July 28, 2005 Notice of Disapproval concerning the location of an as-built accessory shed in a front yard, instead of the code-required rear yard, at 680 Oakwood Court (at Wood Drive, Lakeside Drive), Southold; CTM 90-4-4. 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 . , FORM NO.3 . NOTICE OF DISAPPROVAL , DATE: July 28, 2005 TO: James Curran 680 Oakwood Court Southold, NY 11971 Please take notice that your application dated July 18, 2005 County Tax Map No. 1000 - Section 90 Block 1- Lot 1 RECEIVED OCT 4 2005 i i i ZONING BOARD OF APPEALS I For permit for an accessory shed at Location of property 680 Oakwood Court. Southold, NY Is returned herewith and disapproved on the following grounds: The "as built" shed. on this non-conforming 25,134 square foot parcel. in the Residential R-40 District. is not permitted pursuant to Article III. Section 100-33, which states. "In the Agricultural-Conservation Ditstrict and Low-Density Residential R80.. .Districts. accessory buildings and structures or other accessorv uses shall be located in the required rear vard. ... " On this corner lot, the "as built" shed is located in the front vard. ~Cu. " Authorized Signature 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. APPLlCATI TO THE SOUTHOLD TOWN B<en OF APPEALS ~ 1\ _ . _ . For Office Use Only Fee: S}.J~ 0 Filed By: J . ~ Date Assigned/Assignment No. ,jt: '-I "'~ 0 I Office Notes: S.J.. 1<' ~ ',~<X-,<- ~ ,.ij +,,- c.: <b. r~ '. -, 'C'_..;-".." . . Parcel Location: HouseNo.~Street OAKWboo (...,.. SCTM 1000 Section.!L B1ock.:l_ Lot(s Jf 13'1 :itlt'SizJe. - ~ D }JY Zone District I (WE) APPEAL THE~CI1TEN DETERMINA nON OF THE BUILDING INSPECTOR DATED: 1 ',;!/~5 I Applicant/Owner(s): :JlJifES P C I.)~,(!;qf,/ Telephone: hf~ (JfJKW/)PD (Pt;1 11~5-"'05(P L-r. SOt/-t')/hb AI,! "Q7/ Mailing Address: NOTE: If applicant is not the owner, state if applicant is l)wner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: ~ Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1J,; p5 FOR: o Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use lll'Permit for As-Built Construction - shcA o Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article / / / Section 100- .3.3 Subsection Type of Appeal. An Appeal is made for: Ji{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 .' ASONS FOR APPEAL dditional sheets ma be nsed with a AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimeut to nearby properties if granted, becanse: flR(tt {(Jf>I1t1,f,;L,/1 ml1) 1M" /;~/7I!!"/;/'~/i. 1l/et1/'e,l "./ Ml77bk de.Ad -//'~dt.:!i / ~/l:Ish -Ir~/?7 /Jt::~hQ/J/'-?N.-.' c#'1P~~' f7/7ea I?/(J IJe~/7 .7)1j?t.{~d p///.6 //ee-.b /PI//~A,J:/rp?tf,d/p&P/7 h/~/y pl!!,~t1r,?.?~?/ pf///'~/'Mk PJ//M IA~ d?t?/e'Ht::/' 0./ mt: /ltf/,,~",,/ff~4<I. (2f The benefit sough( by the applicant CANNOT be achieved by some method fe'asjble for thel. applicant to pursue, other than an area variance, because: I'tt ;/)/'117 tlf t1;47e //lCIP"r///J1.e41'.!l/7Ce; dl"li/e. Wit/I ff//lId'P/J/' tf/1d. 14/'4,je IS M stJ//,h ,->I'/e. ,,/#/1 ;;Jtt/":lf ~#(.'?1 tJ/i/(~{) /I C-I- (ph,/? .P#'/7H .6~;1 cv&?.d r.t'.&e r/"M ;t-~p /'~""r..ty J, cf/J?.I 1/# ,5n,l't?,> 'lJ/1"fC/1A~"7. "'~Q';C7.~MI:~l(. 'It#hp~IfI~t/I////fftf/?/ p.A"C6/lJelld7C.,?4t'&1 RIc. .jil 1tl1111 ill''' fu. S->bA'~rA';';;; IO/1? ~ "/'4,t7C&:'~ "IIJlme::. (3) The amount 0 reliefrequ ste'U KilO sutlstantial ecause: .' If' , . 71 -//Je-5 /MI /177/'4[-/ t1/?/; /J~/fl?b()/'l //1~e'/?f~ t5e/l" pe~~1 or UltJ/'/;? 7-/ /he~,~~ dkr- ~C" chd~c~<9' t?,c 4ic /1e ~.1/ "d,,&14 ifr ~ <5't//'r"~'?~n'~ . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ;/A~ /,;I;)'f/,c;t/ ,///'1111 ~.t#r~/7/1?,t'~ / C?N4~"/7 /;t'J/J~ Je,c/,? tRhh/l~~ ",:?,nd /.r,n~vC"d .6y J/4'e d~n~ ~ ~~ //'~~r7-;I #/7,,{ ~Cc.m.t!!-+~ ~a ~~,. (5) lIas the ,a)leg;d difficulty been self-created? Wes, or (lNo. /;htlt!'v't1!'/, u/d a4!!rt:- /7# 4tJ/4re 11ItI1-/l/~/)!e/,~y' ~Lb 7MC/ ~ Mt?:I-,/P''/,$'//U ./1///t!&f.>-h4:!6 a,~1dG- This is the MINlMlTht tha{ is necessary and adequate, and ltf the lame time preserve and protect the . character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (please be s re to consult your attorney.) p Sig u e of Appellant or ut orized Agent (A ot m st submit written Authorization from Owner) Sworn to before me this day of J.....a2.. . 20~. ~~.~,~ Notary Public CMOl A. IlOHN NaIIIy Public State 01 New .... . No.OlB05tf1i09 Qualilied in SuffW, County ,Cllmmisaion Expires Allgust 5, 2001 t..... ., " . . . ~ .. ~. . f _,t I . .() . {) PROJECT DESCRIPTION (Please include with Z.RA. Application) Applicant(s): J1Jl1fS ? CI//Ctl/lJl L If building is existing and alterations/additions/renovations are proposed.' . A. Please give the dime~ns' ons and o~' a~l s uare footage of extensions b~Yond existing building: Dimensions/size: -g~ 1 ~ ~ Jhe..l. - 1')( IL Square footage: _ _ --" ~e: R Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. lfland is vacant: Please give dimensions, and overall squ Dimension/size: C~ j Square iJootage: Heiry! m. Puipose and , Jl;~L / IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty III eeting the code requirement(s): . /. #N~. . 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 iriformation, 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. Thankyou. .. . . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes 'SNo B. Are there any proposals to change or alter land contours? DYes ~No c. ~ I) Are there any areas that contain wetland grasses? 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? 4) If your property contains wetlands or pond areas, have you contacted the office ofthe Town Trustees for its determination of jurisdiction? Please conftrm status of your inquiry or application with the Trustees: D. Is there a depression or sloping el~ion near the area of proposed construction at or below ftve feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fepJles that exist and are not shown on the survey map that you are submitting? --'YL (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? .#0 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. ;{ If yes, please label 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. H. Please list present use or operations conducted at this parcel ~ttlJ,h:J!k. pAl7t7. and proposed use c54?7J ~ _ _ __ (examples: existing: single-family; proposed: same with garage.) 2/05 ~~~~ CAROl A, IlOHN NaIIIy Public State of New lbrlI ""J40, 01805064 :09 _ified in Suffolk Countr CommISsion Expires qust 5, 20lII :>WNER TOWN OF SOUTHOLD PROPERTY RECORD CARD /If- (J :So ;2{ 0 LAND STREET t, gO VILLAGE I Ot/f/1 V{)ooci Ct-..et/ ilS to~~ N E DIST SUB. LOT G. 8' ~ ~~/t '4/l-.( . ,/ J ACR. :;,.-,7 TYPE OF BUILDING W n." .--- I~ FARM COMM. CB. MISe. Mkt. Value IMP. TOTAL DATE REMARKS <ftn> 00 81 BUILDING CONDITION -lEW =ARM NORMAL BELOW ABOVE Acre Value Per Acre Value d-.qq.38 t: iIIable 1 iIIable 2 liable 3 'oodland ~amplond FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD ./v/t . /2. <P.~5' ~ ''''l ,), _~ orJ< 9'06 ushland )use Plot ,ta'- _ .....- DOCK 90-4-4 3/03 )LOR 24tf . ~'i - . . ~IM 1~ I<T ~ ." n. toOtJ ! I?L , Jt Q rR r- r- I Itm I: I~ I, t-I It --,- I~ -- ikEitdg:! , :35"x I Q=103o '> q~2.. 1 MO I Foundation 5,J6 Pc. Bath . 3 Dinette ., 2 X. ~/ =;;)..S::J... -- !txt~.fs1on I ~>z,4- = I&l? 3.?O 5% Basement C1l1J Floors K. I ---.-- Extension . I Ext. Walls l/11\hJL Interior Finish LR. -- Extension Fire Place NO Heat DR. I Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor I -- ficfrlh D If)< 1-/ -- rx t.J /')0 .th- Dormer Breezeway , Driveway I:;" )OJ+ = ~)5 'g -. Garage /."5" 3fdJ (o5'J ;)..0 x. ,'4- =- "3'~-V .% g7 ... O. B. t:..,,"- -- Total t:: -_II Iv..... r Sk,tP5(~) County Center R1vfll""heod,N Y U901 SCALE tl ffiT: I m C;J" .. "" ... Ut5:l / 019 '0 "",.".. 1000 PROPERTY MAP , ..~~'lER~~ATE: Jon.20,19" '" ~'"~ , 1.9A(el o -N- "" , 6J 90- '1- 3 1... I 7 f 7 .)./ 02,2../ / V f" l, # I' ISO'l I I ... I ~. I I , 115 I 21 " I' [1.1Alcl " 17 18 I" '" I I 11.2A(C) I I I I I I " I I I I I I ". I I I I I I I I I I I I BAY -f- ......,,, DISTRICTS. ~ NOTICE IIANTENANCE,AlTERATION,SAlEOR OtSTRlBUTIONOFolNYPORTlONOFTtE Slf'f"OlKCOltlHTUIIAPlSPIlOIBTED 1JlH:lU1IRlTTENPERWlSSOIOFltE IlEI.lPROP€RTY TAKSERVlCEAGU,cy. . COUNTY OF SUFFOLK <D Real Property T ox Service Agency . . CcUlty Center R1verheod, N Y 11901 . SCAtE tl FEET'lot ~. . - , E Y M A P n., ~ SOUTHOLD SECTION NO '" ""..~ 090 " m lIS"",.. 1000