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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
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
RECEIVED
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Southold Town C'er'
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 8, 2006
ZB File No. 5880 - Thomas and Mary Fitzpatrick
Property Location: 1160 Bailey Beach Road, Mattituck
CTM 99-3-11.19
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 11,830 square foot property is improved with a one-story
frame dwelling and two accessory storage sheds, shown on November 1, 1996 survey prepared by Kenneth F.
Abruzzo.
BASIS OF APPLICATION: Building Department's February 6, 2006 Notice of Disapproval, citing Sections
100-242 and 100-244 in its denial of an application for a building permit to construct proposed additions to an
existing single family dwelling. The reason stated by the Building Inspector in the denial is that there will be an
increase in the degree of nonconformity when located at less than 10 feet from the side lot line. Also denied is
the applicants' proposal to construct additions at less than 35 feet from both front lot lines.
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 additions to an existing non-
conforming single-family dwelling thus increasing the degree of nonconformance.
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 addition at the easterly side is for a one-story breakfast nook 8'6" by 8'6"
to be 37 feet to the easterly lot line and 22 feet measured at its closest point from the 15 ft. wide right-of-way in
the applicant's easterly yard. The applicant's home was built 41.2 feet from the easterly property line, and
26.2 feet from the easterly right-of-way. The right-of-way is an easement used as a private driveway
extending north from Bailey Beach Road, rather than as a public right-of-way.
2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to
pursue, other than an area variance. The existing location of the house on a nonconforming sized lot, and
Page 2 - June 8, 2006 -
ZB File No. 5880 - T. and M. Fitzp.
CTM No. 99-3-11.19
.
effect of the two front yards as defined by the code, requiring greater setbacks, as well as the nonconforming
lot size, leaves no alternative.
3. The relief requested is substantial.
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 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 Goehringer, seconded by Member Simon, and
duly carried, to
DENY the variance for the front yard setback from Bailie Beach Road, and
GRANT ALTERNATIVE RELIEF for a front setback from the front lot line at Bailie Beach Road to be
not closer than 23'4"; and to
GRANT the variances applied for with respect to the 22 ft. minimum easterly front setback and 8 feet
from the westerly side line, partly shown on the 9/23/05 plot plan prepared by Donald G. Feiler, RA
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).
Qo ooQ Jr!:). C1~
Ruth D. Oliva 7/18/06
Approved for Filing
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Young &: Young, Land Surveyors
400 Ostrander Avenue, Riverhead, New York 11901
516-727-2303
Alden W. Young, P.E &:- L.S. (/908-1994)
Howard if. Young. La.nd SUT1.IeyoT
Thomas C. Wolpert, Professiona.l Engineer
Kenneth F. Abruzzo. La.nd SU'/""1JeyoT
John Schnurr, La.nd Surveyor
NOTE:
1. . = MONUMENT fOUND
2. 0 = PIPE FOUND
J. 6. = STAKE SET
SURVEY FOR:
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THOMAS HIRSCH & SUSAN HIRSCH
At: MATTlTUCK
Suffolk County,
Town
New York
of: SOUTHOLD
Sufi. Co. Tox Mop:
I 1000 99
Olstrict Section
CERTIfiED TO:
THOMAS HIRSCH
SUSAN HIRSCH
CHICAGO nilE JNSLRAN~ COMPANY
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DATE
SCALE
JOB NO.
SHEET NO.
3
11.19
Lot'
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NOV. to, 1996 .
1~= 20' -',,__
96-0637
1 OF 1
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FORM NO.3
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NOTICE OF DISAPPROVAL
RECEIVED
MAR 2 9 2006
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ZONING BOARD OF APPEALS
DATE: February 6,2006
TO: Bill Goggins Esq. for
T Fitzpatrick
POBox 65
Mattituck, NY 11952
Please take notiee that your application dated February 3, 2006
For permit to construct additions to an existing single family dwelling at
Location of property: 1160 Bailey Beach Rd., Mattituck
County Tax Map No. 1000 - Section 99 BlocklLot 11.19
Is returned herewith and disapproved on the following grounds:
The proposed additions to a non-conforming dwelling, on this 1 1,830sQ. fl. lot. in the R40 District, is
not permitted pursuant to Article XXIV Section 100-242
which states:
"Nothing in this article shall be deemed to prevent the remodeling. reconstruction or
enlargement of a non-conforming building containing a conforming use. provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
q The proposed side yard setback for this comer lot is 8'. Pursuant to the ZBA's interpretation in Walz
~31 (#5Jf)9). such additions and alterations will thus constitute an increase in the degree of
~ nonconformance. Pursuant to Article III. Section 100-244 such buildings shall be located a minimum
l' ofl0'.
In addition the proposed front yards indicate a distances of approximate Iv 18' & 22'. Pursuant to
Article III. Section 100-244 the required yard is 35'.
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Authorized Signature
.
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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 SOUTHOLD
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:
1 :25 P.M. THOMAS and MARY FITZPATRICK #5880. Request for Variances under Sections
100-242A (Walz Interpretation #5039 dated 1/24/02) and 100-244, concerning proposed
additions to the existing single-family dwelling, with new construction at less than the code-
required 10 ft. minimum side yard, and less than the code required minimum of 35 feet from
both front yard lot lines, at 1160 Bailey Beach Road, Mattituck; CTM 99-3-11.19.
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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.
.
APPLICATION TO THE SOUTHOLD TOWN BOARD
FBiaElVED
For Office Use Only
_n_ Date Assigned/Assignment No.
Fee: $~(){) Filed By:
Office Notes:
A PEAi.S
Parcel Location: House No, 1160 Street Bailev Beach Road
HamletMattituck
SCTM 1000 Section-2LBlock~Lot(s)11.19 Lot Size 11 ,R10 Zone District R 40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: Februarv 6, 2006
Applicant/Owner(s): Thomas L. Fitzpatrick and Mary E. Fitzpatrick
c/o William C. Goggins
P.O. Box 65/13105 Main Road, Mattituck, New york 11952
Mailing
Address:
Telephone: 631-298-4200
NOTE: If applicant is 1I0t the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: William C. Goggins
Address: P.O. Box 65/13105 Main Road, Mattituck, New York 11952
Telephone: 631-298-4200
Please specify who you wish correspondence to be mailed to, from the above listed nameS:
D Applicant/Owner(s) XXAuthorized Representative D Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Febrl1~ 2006
FOR:
I1Q Buiiding Permit
D Certificate of Occupancy D Pre-Certificate of Occupancy
D Change of Use
D Permit for As-Built Construction
D
Other:
Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by nnmbers. Do not quote the code.
Article XXIV Section 100- 242 Subsection
Type of Appeal. An Appeal is made for:
IX! A Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New Yorl{ Town Law-Section 2BO-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D has IX has not been made with respect to this property UNDER Appeal
No._Year
I
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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:
Consistent with other houses 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:
of the location of the existing structure and the unique shape and location of the
property
(3) The amount of relief requested Is not substantial because:
the side yard variance does not change the current setback of the existing
structure, and the front yard variance is necessitated to the existance of a
J;Jght of way. .
(4) fne variance will NOT have an adverse effect or impact on the phYSical or environmental
conditions In the neighborhood or district because: it is minimal and consistent with
the neighborhood.
(5) Has the variance been self-created? ( ) Yes, or (x) No. If not, Is the construction
existing, as built? ( ) Yes, or (X) No. The house is pre-existing to zoning code.
(6) Additional information about the surrounding topography and building areas that relate to
the difficulty In meeting the code requirements: (attach extra sheet as needed)
None
This Is the MINIMUM that is necessary and adequate, and at the same lime preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART 8, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney.) erwlse leas roceed to the sl nature and
notary area below.
thorlzed Agent
zatlon from Owner)
Sworn to before me this
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(Notary Public)
ZBA App 9130/02
ElAINET. VILLANO
NollrY Publ1o. State of New Vork
No. OiVl6029229, SUffolk Couf!\Y.
Oommlsslon Expll'lll Aug. 9, a-n '1
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APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Thomas L. and Mary E. Fitzpatrick
Date Prepared: March 27, 2006
I. For Demolition of Existing Building Areas
Please describe areas being removed: none
II. New Construction Areas (New Dwelling or New AdditionslExtensions):
Dimensions of first floor extension: 60 x 1 R. 'j; 12.1 x 13.8: 10 x 10
Dimensions of new second floor: N I A
Dimensions of floor above second level: N I A
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: No
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: N/ A
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 Requested: summer residence conversion to year round use.
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code reqnirement(s): fla t
Please submit seven (7) photos, labeled to show aU 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
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