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Home My WebLink About5891 J,-k!}-~T~<TJJ4/k- ---------- r 7 () /J1..AAJ I}.IK.- ~. w.J. 0 p-c .#; r-89/ ~ f-l.{sB PId- $'-,).1'- 0'" - f1 ci)/CcJ;.)~.s q.r If /8.,*0 . J AfoPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman hup:/ /southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 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 RECEIVED q..~ ~:Sla.p.h J~N 30 ~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 ZB File No. 5891 - Lawrence and Ann Ekster Property Location: 570 Horseshoe Drive, Cutchogue Southold Yowa eler. aj4~a2?r-~J... CTM 95-4-18.20 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 41,020 square feet parcel is improved with a one-story frame residence with pool, as shown on the March 1, 2006 survey prepared by Burton and Behrendt Smith, P.C. BASIS OF APPLICATION: Building Department's April 11, 2006 Notice of Disapproval, citing Section 100-30A.3, in its denial of an application for a building permit to construct proposed additions and alterations to the existing dwelling. The reason stated by the Building Inspector in the denial is that the additions and alterations will be less than 50 feet from the front lot line. 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 applicants wish to construct a 24.5 ft. by 54 ft. addition at 33.9 feet from the front lot line adjacent to an unopened 50 ft. wide right-of-way. 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 because the improvements the applicants are requesting are residential in nature and customary to any house in the area. J ~ .page 2 - June 8, 2006 · ZB File No. 5891 - L. and A. Ekster eTM No. 95-4-18.20 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the house sits on a corner lot and is subjected to the larger front yard setback on two sides of their house. It would not be feasible for the applicant to reconfigure the entire layout of their home to gain the minimal living space being requested. 3. The variance granted herein is substantial. It represents a 32.1 % reduction of the code required fifty (50) foot front yard setback. 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 applicants 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 Dinizio, seconded by Member Goehringer, and duly carried, to Grant the variance as applied for, shown on the survey site map dated March 1, 2006 prepared by Burton and Behrendt Smith, P.C. with the following conditions: 1. That the existing shed indicated on the survey from Burton Behrendt Smith P.C. dated March 1, 2006, be relocated to a conforming location on the lot. 2. That the existing hedge row adjacent to the unopened road be continuously maintained. 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 non conformities 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). ~) iIJ. ~ Ruth D. Oliva 6/~'f106 Approved for Filing . . LEGAL NOTICE SOUTHOLD 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, South old, New York 11971-0959, on THURSDAY. MAY 25. 2006: 10:00 A.M. LAWRENCE and ANN EKSTER #5891. Request for a Variance under Section 100- 30A.3, based on the Building Inspector's April 11, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling at less than 50 feet from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; CTM 95-4-18.20. 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 .. , RECEIVE~i) ~li~ ~006 FORM NO.3 NOTICE OF DISAPPROVAL ZONING BOARO OF APPEALS DATE: Aprilll, 2006 TO: Ann & Lawrence Ekster 570 Horseshoe Drive Cutchogue, NY 11935 Please take notice that your application April 11, 2006 For permit for additions and alterations to an existing single familv dwelling at Location of property: 570 Horseshoe Drive. Cutchogue. NY County Tax Map No. 1000 - Section 95 Block-.1 Lot 18.20 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this 41.021 square foot parcel. with two front vards. in the R-40 District. is not permitted pursuant to Article IIIA. 100-30A.3. which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Densitv Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect as if such regulations were set forth herein in full." Bulk schedule requires a front vard setback of 50 feet. ard setback of 33.9 feet .... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the South old Town Building Department. CC: file, Z.B.A , . ? . . . I" APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS .-- ~ For Office Use Only q/ /;j, /1 .3:J Fee: S/l)D. Filed BY' u "i-tl.......v Date Assigned/Assignmell! No, .s=f 'f I ()... . ,p./Yl.. Office~Notes(tl1.1;'f) 1)1tJ''j"lr p*,. '" RECEIVE Parcel Location: House No.!::70 Street I-IDRS~.sI-loE' D12.. SCTM 1000 Section ql? llIock~Lot(s) 1'R;;l.QLot Size '11,0;1.1 I (WI,) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: .fir?,,' I IIJdooG Applicant/Owner(s): LAWRC:I\J C€ .t. ANN EkST/:.'R Mailing Address: 57D HORSES \-iOE:. DIZ.. Cc.rrc..I-\O&<..a::. Telephone: (1o~1) 731.f- S~OI \\'t35 NOTE: If applicant is 1I0t the owner, slate if applicant Is owner's attorney, agenf, architect, builder, contract v,'nucc, etc. Authorized Representative: Address: Telephone: Please specify who yon wish correspondence to be mailed to, from the above listed nam,es: J(Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: )i'Buiiding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provisiou of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article \ \ \ t\ Section 100- 301'\'3Subsection Type of Appeal. An Appeal is made for: rt A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 2BO-A. D 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 e . . I Page 2 of 3 . Appeal Appllcallon Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties. If granted. because: {btIJSntNcribvj IS \11fl~ c.,? ~m(/Y1 t-~ (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: . , "Tiff ~I Dt YTVVD tl1t:s }\10s;T f+1u::It ~ l AALt (3) The amount of relief requested is not substantial because: W~ 141W6 TWo Aum11 "/f'rrU)s, A5J, I' !S A C~ef2-urr. (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions In the neighborhood or district because: (5) Has the variance been self.created? ( ) Yes. or (v{NO. If not, Is the construction existing, as built? ( ) Yes, or ( ) No. , (6) Additional Information about the surrounding topography and building areas that relate to the dlffl ulty In meeting the code. requirements: (attach extra sheet as needed) I This Is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and fhe health, safety, and welfare of the community, ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Ot Ise lease e d to the sl nature and notarv area below. Sworn to bef1lrt: my this / ~ 'f-h (lay of ..I.~ ./. ......, OOJ.. (Notary ubllc) CMMl!.tm c:&IL!;'2007 Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9130/02 . . Z6 ~.I APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: LA llJ R..DJ CA";' fKs~1Z.. Date Prepared:..J!prl I )J..) :MoC:> I. For Demolition of Existing Building Areas Please describe areas being removed: IVI1.A1C II. New Construction Areas (New Dwelli~ or New AdditionslExtensions): Dimensions of first floor extegsjon: :.ll./ It sy Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): ;L 7 J Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: ~ 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: V. Purpose of New Construction Reque. s~e~: t!ok<::>rfkC-'T7'm ~ . ~elLi:il~ ~Bj Cr;wdQ$~) L~'MCIlf_ VI. Please describe the. land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): 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 -0: -~~~ ~~_ ,..~ -------- SEESEC.t.lJ,OB3 ---------T---~ FORPQ..t<<l, SEESEC.t.lJ. 083-0)-,0061.1 H 2~6 600 ~ 1.1 51.2A(<:) I I FORPCl.t<<l. SEE SEC. NO. 096-01-002 V -N- " ~ i;i ~ / ! Ol":AIr5E, '" PAOPER1ES NOTICE ~ COUNTY OF SUFFOLK @ K .., ." ... TOItlOF SOUTHOlO ,~ ~OLLOWING DISTRICTS, E .~ ..n t.lAtlTENANCE,ALTERATIO/l,SALEOR Real Property Tox Service Agency y Hrtlll...r OlSTRIlUTICJN ClF ANTPORTlON 01' TIE ... ... "''''~ "TEA SUFFOLHCOUNTTUXw.pr5PROfIBITtO COlIltyCllnter Rlverheod,NY 11901 . - .. SC.ll.EtlFEEr, USTnATbt W'lTHOUT.RlTrrNPE~OFT>E - 1M .. >GO ... A "".....~..TA><"""""'A~.. P ~""'~ 1000 SECTION NO 095 BUILDER'S JOB NO. TITLE NO. PROPERTY ZONED: REV. NO. DATE ITEM TOTAL PLOT AREA: 41,021 ::t: S.F. PROPOSED FIRST FLOOR AREA: 1,360 ::t: S.F. PROPOSED SECOND FLOOR AREA: 729 ::t: S.F. ELEVATIONS SHOWN HEREON REFER ASSUMED DATUM NOW 011 FORWERlYOF/.lArmuCK FARW HCUllNGSUC 551'43'45"[ 4058' FNOCM O.l'N.OL ..""'" "~ER "' .. '" '" '.5~ ,,~ ,., ILOT201 I lOT \91 WELLHEAQ 0.- "J::~ 0- a::-g LJf a::-~ ::::>- /--.9 ::::>~ .. b --" oor STORY FR,IJ,lf RfSlOCNCE FJLUV.105.85 GJUlV.104,61 ,o~:l ~ ~ ~ " ~ ~ s liS 4~"').. ~-; ~WJ o~y C .'" '" C ;.. .. ~ s ~ ~ " ~ a 1< '" N54'27 55 W 125. 1Cloo.49 8C99.99 ~' 0' , TCI01.26 8C10066 HORSESHOE DRIVE (50' 'IIlOE RIGHt (f WAY) (ASPHAlTPA',fW[NT) .,-/, ~ fCHlO.40 ft99.6O 1C101.23 ~ COttIR[J'[CURBlNG . MONUMENT . STAKE P~CE~VED APR 1 2 2006 #58"1 I ZONING BOARD OF APPEALS THE EXISTENCE OF RIGHT OF 'WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHO'WN ARE NOT GUARANTEED. THIS SURVEY 'WAS PREPARED IN ACCORDANCE \.lITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NE\.I YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. , ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NE\J YORK STATE EDUCATION LA\.I. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, NO OFFICIAL OF THIS STATE, DR OF ANY CITY, COUNTY, TO\.IN OR VILLAGE THEREIN, CHARGED \.lITH THE ENFORCEMENT OF LA\JS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR \JHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT O\JNERS. TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ENGINEERS ARCHITECTS SURVEYORS SUFFOLK COUNTY TAX MAP DIST: 1000 SECT: 095 BLK: 4 LOT: 18.20 BURTON BEHRENDT SMITH PC MAP NO: 6241 DATE: APRIL 4, 1975 LOT 20 MAP OF OREGON VIEW ESTATES LOCATION: CUTCHOGUE SURVEYED: MARCH 1, 2006 CERTIFIED TO: LARRY EKSTER SCALE: 1 "-40.00' FILE NO: 06-163 244 EAST MAIN ST. PATCHOGUE. N.Y. 11772 (631) 475-0349 FAX 475-0361 ~ '" ~. / <-- \l' )> ~ -\ - ...- " " -;. \:) '" , . , " " ... ~ \ 7 '- '/-I":-~";':" '1'- ~i2~' " ~~.,,:. It:!t Jo,v ' :1-' '" I\:;~V I ~i'l ~~> I ~'.~ \. ~/f "1 "'~ ! ~, I ~..,; I ... 1 "",':.:0 ' V;~"~ t. r... ' i1I i ~.> :J:,.t- "" "-"'" ! 1,.. 7.- i ~ ~ : ~; 11 '" , ~t ., ~ . . c:.. ' t' ::.\ ~ l- -=------r II I : II \ ! ~r-11 t l-ll- II I : II II II I! .' t I ,1,1 " ct I I II I I J I ", 'k1----- l 1:>'_<>" . '---"---".''''--'.- !>sHT. ::t .' ,.. -::: ..,.. -!' "<:J~ <:.'(" :L..~ '2:...... .:;. \'~ -::; - ~p. ~. ," ,- ,.~ .-.:). - '- ~.., T . :i::' l.--, 1. 9.J "-J b~. r- ill=. 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