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HomeMy WebLinkAbout5905 A~PI~ALS 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 RECEIVED I:ol4m Soufhol~l Town Clef} ZB File No. 5905 - James Fitzgerald Property Location: 50 Oak Drive, Cutchogue CTM 104-5-25 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: BASIS OF APPLICATION: Building Department's February 3, 2006 Notice of Disapproval renewed April 24, 2006, citing Section 100-231 in its denial of an application for a building permit to construct a front, rear and side yard fence at an existing single family dwelling. The reason stated by the Building Inspector in the denial is that fences located in the front yard of residential zones, shall not exceed four feet in height. The proposed fence in the front yard is 6 feet in height. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 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 wishes to construct a fence in his front, rear and side yard with a height of 6 feet. The 6-foot height in the front yard would exceed the code limitation of 4 feet in height. 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. The front yard consists of a 26-foot section of a proposed fence 131 feet in length. The 6-foot section is limited to the portion of the lot adjacent to the side yard of the adjoining lot. Had the neighbor built the fence on their property yard over the boundary, no variance would have been required because the neighbor's yard is defined as a yard other than a front yard. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Page 2 - June 29, 2006 ZB File No. 5905 - James Fitzgerald CTM No. 104-5-25 3. The variance granted herein is not substantial, resulting in only 26 linear feet of fencing over the four foot height limitation of the code. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community wilt have an adverse impact on the physical or environmental conditions in the neighborhood. Existing similar fences and property line delineators are common through this neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of fencing, 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 Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the site plan/project plan map dated May 31,2006 by Proper-T-Permit Services. 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. Absent was Member Weisman. This Resolution was duly ado, pt'~4-0). Ruth D. Oliva 8~,,-%~/06 Approved for Filing _SUF'FDLZ. CO.T/k¥ NIAP DATA 15;~.11c RECEIVED · MAY 09 2006 ZONIH~ ~O~D OF .[:'] 'F ZG Er2AI · CU'FCt-~O(~U E 'It:)¼,~ OF' SOU eCAL E:z. LO_'S TI1TLE klO S'66.4._768 GUAF2AMTEED TO 'I"HI:-. SECURITY' T~'FLF CGJAF2ANT"r' CO. '~-~-u_T~_~.~ .................... '"--"~ .... JOL'V ..FX)pE21L.k: V/-\I4 'FUVL, P.C, L. I C E~ .1~ ~] .L..A_ N. ~_5. U__~.'_V_ .E_._y_9 F4_.~ - GI~ EEN F'OI~ T, Application regarding the property of' James E. Fitzgerald, · r,, SCTM #t000-I04-5-25 Represented by PROPER-T PERMIT SERVICES P.O, Box 6 7, Ct~tchogue NY 11935 James E. Fitzgerald, Jr. 63 b734-5800 May 31,2006 TO: James Fitzgerald PO Box 617 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL MAY 0 9,,2006 DATE: February 3, 2006 RENEWED: April 24, 2006 Please take notice that your application dated February 2, 2006 For permit to construct a front, rear and side yard fence at an existing single family dwelling at Location of property: 50 Oak Drive, Cutchogue, County Tax Map No. 1000 - Section 104 Block5 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed fence, in the front yard, is not permitted pursuant to Article XXIII Section 100-231 which states[ "Fences, walls or berms may be erected and maintained, subject to the following height limitations:" A. "When located in the front yard of residential zones, the same shall not exceed four feet in height" The fence, in the front yard, is proposed at 6 feet in height. CC: file, Z.B.A. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 22, 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~ JUNE 22~ 2006: 11:45 A.M. JAMES FITZGERALD #5905. Request for a Variance under Section 100-231, based on the Building Inspector's February 3, 2006 Notice of Disapproval, updated April 24, 2006, concerning fence in a front yard at a height exceeding the code-limitation of six feet, at 50 Oak Drive amd Haywaters Drive, Cutchogue; CTM 104-5-25. 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 in the Office of the Zoning Board of Appeals during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 31, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski APPLICATION TOHE SOUTHOLD TOWN BOARD ~APPE Office Notes: For Office Use Only Date Assigned/Assignment No. ParcelLocation: HouseNo. 385 StreetHaywaters Drive Hamlet Cutchogue SCTM 1000 Section 1 04Block 5 Lot(s) 25 Lot Size O. ~b~ ~eone District.~R~k0.~ I (WE) APPEAL THE WRITTEN DETERMINATION OF T~E BUILDING INSPECTOR DATED: April 24, 2006 James E. Fitzgerald, Jr. Applicant/Owner(s): Mailing Address: Telephone: PO Box 791, Cutchogue. NY 11Q35 734- 7424 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: 734- 5800 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ~ Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 2/2/0 6 FOR: ~ Building Permit [] Certificate of Occupancy {3 Pre-Certificate of Occupancy [] Change of Use {3 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 100- 231 Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has ~ has not been made with respect to this property UNDER Appeal No. Year Appeal Application, Continued Part A: AREA VARIANCE REASOI~3' (attach extra sheet as needed): See attached sheet. (1) An undesirable change will uot be produced ill tile CHA1L~,CTER of the neighborhood or a detriment to uearby properties, if granted, because: (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: (3) The amount of relief requested is not substantial because: (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 ( ) 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 difficulty in meeting the code requirements: (Please attach separate sheet.) 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 B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise~ please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney be,fore completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not'apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observe/d~ ~ The public safety and welfare will be secured an~l sub~ntiai j~ Sworn to before me this ~ay of ~ .~..Ch~ ~_ (Notary Public) Sigggt/ure of Appellant or/ (A~/nt must submit Aut~ thorizedAg~'nt zation from Owner) ZBA App 08/02 Applicant: James E. Fitzgerald, Jr. REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: Existing similar fences and property line delineators are common throughout the neighborhood It should be noted that if the adjacent property owner were to install the fence on his property, a variance would not be required since the fence would be in his side yard area (See attached Photo B). 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 only alternative is to provide a privacy screen of evergreens, and the cost of purchase and installation is significantly greater than that for the proposed 26-foot section of fenc- ing 3. The amount of relief requested is not substantial BECAUSE: The section of 6-foot fence is only 26feet long on the 133-foot property line. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: It is not expected that the proposed section offence will have any adverse environmental impac~ See the above response in Item No. L Has the alleged difficulty been self-created? ( ) Yes (x) No o This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the eommu- STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this 8th day of May, 2006. Notary Public PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s):. James E. Fitzgerald, Jr. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and ov6rall square footage of extensions beyond existing building: Dimensions/size: Fence 6' high X 26' long' Square footage:. B. 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. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square ~otage:_ Hei~/ IH. Puipose and use of new construc~on requested in this application: Privacy screenxng IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staldng comers of the proposed new construction. 7/02 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 plec~e check with Building Department (765-1802) or Appeals Department (765-l S09) if you are not sure. Thank you. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER' STREET ,~' (~ VILLAGE DIST SUB. LOT .~ ,, S W ~PE OF BUILDING ~N D IMP, TOTAL DATE RE~RKS AGE BUILDING CONDITION MAY 0 9 N~ NORMAL BELOW ABOVE ~~ FARM Acre Value Per Vdue zo~.~ ~o~D OF ~PPEAL~ -- AC re 'illable FRONTAGE ON WATER , ~ou~ Plot ~' BULKH~D ~t~ ~ ~ ~ DOCK M. Bldg. Exter~sion Extension Extension Porch Porch Foundation Basement Ext. Walls Breezeway Fire Place Garage Type Roof Recreation Room Total Dormer / TRIM Both Floors Heat Rooms Ist Floor Rooms 2nd Floor Driveway inette LR. DR. · jFN B. BR HAYWATER COVE NOTICE 617.20 Appendix C MAY 0 9 ~006 State Environmental Quality Review ~ 9 ,~ SHORT ENVIRONMENTAL ASSESSMENT FO~R~ 5 ~0 For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR m2. PROJECT NAME James E. Fitzgerald, Jr., / Fitzgerald fence 3. PROJECT LOCATION: Municipality Cutchoguc County Suffolk 4. PRECISE LOCATION (Street address and mad intersections, prominent landmarks, etc., or provide map) 385 Haywaters Drive See attached maps. Cutchogue, NY 11935 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct 26' length of 6'-high fence in front yard. 7. AMOUNTOF LANDAFFECTED: Initially less dan 0.1 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe bdefly 6' fence not permitted in front yard. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium-size private residences. F--1Agdcuiture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes L-J No If Yes, list agency(s) name and permit/apprevals: Southold Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [] Yes, agency(s) name permit/approvals: NO list and 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? II C. EJ [*Y THAT TF, I~I~OI~_.I~ED AB, Q~E IS roUE TO THE BEST OF MY KNO~E~E ~pli~nEsponsor~ J~esE.~~ / / ] Dae: 5/5/06 If the~ on is in the Cff~l Area, and'you are a s~ agency, complete the ,as~l Assessment Form before proceeding with this assessment OVER R~et HOG B THE AREA OF THE PROPOSED PROJECT IS CIRCLED LITTLE ;ECl{ ~ASSAU POINT NEW SUFFOLK NORTH RACE LI TT LE P VICINITY MAP Application regarding the property of James E. Fitzgerald, Jr., SCTM #1000-104-5-25 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 . May 5, 2006 T~ ~L~? Application regarding the property of James E. Fitzgerald, Jr., SCTM #1000-104-5-25 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 May 5, 2006 N, Nu ._~OAR ~ OARD OF APPEALS 385 Haywatcrs Drive Cutchogne, New York 11935 Southold Town Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Dear Madam: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for the construction of a section of 6-foot fence in the fi.om yard of my property located at 385 Haywaters Drive, Cutchogue, and designated by Suffolk County Tax Map No. 1000-104-5-25, and to furnish, upon request, supplemental information in support of the application.