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Home My WebLink About5971 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 9, 2006 RECEIVED NOV' 2 ! 2005 outholcl Tow. Clert ZB File No. 5971 - Charles and Lisa Drake, Jr. Property Location: 4875 Wunneweta Road, Cutchogue CTM 111-1;~-5.2 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 39,236 sq. ft. non-conforming parcel in an R- 40 District is improved with a two story frame house and garage as shown on survey dated August 11, 2006 prepared by Joseph A. Ingegno, Land Surveyor. BASIS OF APPLICATION: Based on the applicant's request for a building permit to construct additions and alterations, and the Building Inspector's June 20, 2006 Notice of Disapproval citing Section 100-244 (280-124), the proposed construction will be less than 50 feet from the rear lot line, and noting a shed in a front yard instead of the code-required rear yard. (The agent noted on the maps submitted to the ZBA that the owners are planning to remove or relocate the shed to a conforming location.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 26, 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 location of an 20.8 ft. by 31 ft. deck addition at the rear of the dwelling, 30.1 feet from the rear property line, and a 10 ft. by 16.2 ft. accessory shed located in the westerly front yard 24 feet from the northerly property line and at least 42.6 feet from the westerly tie line along Bayberry Road. 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 owners/applicants request a variance for an · Page 2 - November 9, 2006 t ZB File No. 5971 - Chades and List"Drake, Jr. CTM Parcel No. 11 I-t2-5.2 as-built shed located in a front yard on this parcel that has three front yards, and an as-built deck addition located at the rear of the dwelling, 30 feet from the rear yard setback instead if the code- required 50', in order to obtain a building permit. The existing structures are screened with trees and fencing and are not visible to the streets and have no visual impact on adjoining properties. 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 39,237 square foot lot is wide and shallow, creating a relatively small rear yard and three large front yards along Nassau Point Road, Wunnewetta Road and Bayberry Road (a paper road). 3. The variances granted herein are not substantial. The "front yard" on the westerly boundary, Bayberry Road, which is a paper road, is well screened by natural vegetation, trees, and a stockade fence. The existing shed is in the logical location in the architectural rear yard of the site, near the driveway, with a setback of 42.6 feet from Bayberry Road. The 21'x31' open, unroofed deck addition in the rear yard is located 30.1' from the property line along the north boundary and is also screened by vegetation and a fence. The deck requires relief of 19.9'. 4. 'The alleged difficulty has not been self-created but rather is created by having three front yards on the subject property and a 50.1' front yard along Wunnewetta Road that creates a 49.9' rear yard setback from the existing dwelling (without the deck). 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rear yard deck and 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 Weisman, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the August 11, 2006 site survey prepared by Joseph A. Ingegno, Land Surveyor. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva__(Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Res°luti°n was duly ad°pted (5-0'~7'-~, I~. (~~ Ruth'D. OliVe, Chairwoman 11/~ o/06 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 26, 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~ OCTOBER 26~ 2006: 1:00 P.M. CHARLES AND LISA DRAKE, JR. #5971. Based on the applicant's request to construct additions and alterations, and the Building Inspector's June 20, 2006 Notice of Disapproval citing Section 100-244, the proposed construction will be less than 50 feet from the rear lot line. (The shed is proposed to be removed or relocated to a conforming location.) Location of Property: 4875 Wunneweta Road, Cutchogue; CTM 111-2-5.2. 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 and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: September 29, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN #8070 STATE OF NEW YORK) ) SS: COUNT"/OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southotd, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commen~.~ ~t~~ing o~I, the 12th day of October, 2006. ~ii~cipal Clerk Sworn te before me this 2006 CHRIS/INA VOLINSKI ..... htafl,:,aO, fora ~ccond.story ad&ton Prod the Braiding Inspect~,~.ig~av 9 .FOP NO. 5 NOTICE OF DISAPPROVAL DATE: June 20, 2006 TO: North Fork Permits a~c Drake PO Box Mattituck, NY 11952- Please take notice that your application dated June I4, 2006 For to construct additions and alterations to an existing single family dwelling at Location of property 4875 Wunneweta Road, Cutchogue County Tax Map No. 1000 - Section 111 Block 2 Lot 5.2 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 39,236 square foot parcel in the R-40 District with three front yards, is not permitted pursuant to Article XXVI, Section 100-244, which states that non- conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum rear yard setback of 50 feet. Following the proposed additions and alterations, the single family dwelling will have a rear yard setback of +/- 30. In addition, the proposed accessory shed is not permitted pursuant to Article III, Section 100-33, which states that accessory buildings and structures shall be located in the required rear yard. The proposed shed is noted as being in the front yard. Authef~iz e/t' Sign ature 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. ''~ (~1 ~ DateAssigned/Assignment No. Fee: $ '? ~'~ FiledBy:.jc~._~,.LtA~.~qF°r Office Use Only Office Notes: ParcelLocation: HouseNo.'t~7~"Street/l)Ol)~ 1~ Hamlet SCTM 1000 SectiontttBiocd~- Lot(s)~.~- Lot Size ~r ~n~l~.~, Zone District ~-..--- I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 2. O '"3-LJID ~' ~..00~ ,~ -- k.)~ LOo/M~ Applicant/Owner(s): ~_.,/r~tt%'~.C~-,q 1~>~,~'(~.Te''~'~n~J~6~l~ ~ ~~J M~ng ~0~ ~ Telephone: ~ 7~-- ~[~S NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: [l-~t't~.~/I, '~- ~_9>O~l/tAgb) Address: '~) ~v~ tA~7 Telephone: ~ Please sp.e.cify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ~'~uthorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use ~[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 ~ )6,~/ J Section 100- Z~Z~ Subsection Type of Appeal. An Appeal is made for: ~ 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 N A prior appeal ~has~s not been made with respect to this property UNDER Appeal No./g~//~ Year REASONS FOR APPEAL (addiE ~,~ sheets may be used with al~lflicant's s;~_.~re}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: 'T'~ ~' "G'~'(_.q~. L ~ ~ ~'/..J~ (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 alleged difficulty been self-created? ( )Yes, or (,~o. This is the MINIMUM that is necessary and adequate, and at the same 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 sure to consulX.yaulpattorney.) S~na ute of Agpellant or Authorized Agent Sworn totbefore me this oQ/'~/ (Agent must submit wrinen Authorization from Owner) Notary Public CAROL BEST ..l~ul~jc~ State ol' lira ~o. 0.1m8~609712 Applicant: APPLICANT'S PROJECT DESCRIPTION ~.1/~ ~. (For ZBA Reference) I. For Demolition of EXisting Building Areas Please describe areas being removed: II. ~;w~Con?t2c}fl~on~reas (New Dwelling o? New Additio~ns~/E~x~n,s)o.~)/, ~t Dimensions of first floor extensionL '{~>~ - ~tP "' lc/ ~' "~ ~ O Dimensions of new second floor:. /0'OtO{~- Dimensions of floor above second level: _ tO~ Height (from finished ground to top of ridge): _ /0 P~ 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 find Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor}: Existing square footage o£buildings on your prop.ert~:.._~ Proposed inorease of building coverage: __ (o Square footage of yom lot: _ 3°~ ~ Percentage of coverage of your lot by building area: _ V. Purpose of New Construction Requested: ~(..~.~'~-O~---- VI. Please describe the land contours (fiat, 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 ~,~TOWN OF SOUTHOLD PROPERTY RECORD CARD 1~ ~ ~ ~ II1-1~ ~ OWNER ~REET VILLAGE DIS'I'. i SUB. LOT~/r~ ~ ~t O S~S. VL.~.,--~'~t~ FARM CO~. CB. MICS. Mkt. Value ~ll~le , FRONTAGE ON WATER V~I~ FRONTAGE ON ROAD ~ DEPTH ~ P~ BULKH~D TRIM M. Bldg. Extension Breezeway Patio O.B. Foundation Basement Ext. Walls -'ire Place i"ype Roof Recreation Room Floors Interior Finish Heat Rooms 1st Floor Roo~ 2nd Floor Driveway COUNTY OF SUFFOLK Real P~o~rty Tox Service ~ TOWN OF SOUTHOLD ~BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-11802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20 BUILDING PERM~PPLICATION CHECKLIST Do you have"6? need the following, before app,ying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Contact: Disapproved a/c X"/m,,~/f_ Expiration ,20__ APPLICATION FOR BUILD1NG k~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in iW- and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relati~' ~ship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced befor~ * mance of Building Permit. d. Upon approval of this application, the Building Inspector wiI1 issue :~ filding Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not communced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authofize~ in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ord'mances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building fi)r necessary inspections. ~/~7 ~ (Signature of applicant ' ' or name, 1 a corporation) State whether applicant is owner, lessee, agent, ar~itect, (Mailing a~ress of applicant) engineer, general contractor, electrician, plumber or builder Name of owner of premises Ck,~r J; P._ ~'") v---v~ ~ ~----- (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Locatio~o~la~d_~n which propose,d work will be done:, House Number Street County Tax Map No. 1000 Section ,ub&ws~on (Name) Bloc~t Fileh~l~ffl~ ~. ....... Lot 2. ' State existing use and occuPincy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .~ ¢ 5 ' b. Intended use and occupancy /~ ~ 3. Nature of work (check which applicable): New Building. Repair Removal ~)~molition 4. Estimated Cost 5 00 ~ Fee Addition -~ C ~ Alteration Other Work q y., 121 (Description) dwelling, number of dwelling units If If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusihess, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear _Depth Dimensions of same structure with alterations or additions: Front Depth Height 8. Dimensions of entire new construction: Front Height 9. Size of lot: Front 10. Date of Purchase Number of Stories Rear ~ (--) Number of Stories Name of Former Owner _Depth ¢o 11. Zone or use district in which premises are situated Rear 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~"NO 13. Will lot be re-graded? YES.__ NO t.~ill excess fill be removed from premises? YES 14. Names of Owner of premises Ch (/¢ I:t' D co ~ Address Name of Architect q///q / Address Name of Contractor ' A///'~ Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE R/EQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. Phone No. Phone No 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: CQ.._UNTY OF_ ~ I(..--- ~'~vl; S0 ~-/~ g~___ ' being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing ~/ontract) above named, (S)He is the 4 5 ~ ~ '~ (Contractor,-Agent, Corporate Officer, etc.) of said owner or owners, and is duly auth'orizcd to perform or have performed the said work and to mak% m~d file fids application; that all statements contained in th/s application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to b_~re me thisr l~ day of~k~(.,lM~ 20~)~ Notary Public ~ 8ru~' NOlaly Public.Stat~d #~, ~ ~. O1BE6~TI~ ' Sig~aturT-o f Apt~icar~ "" Nl [th Fork Permits Permit Expediters Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY July 26, 2006 To whom it may concern, Eight years ago, Charles Drake built a 21' x 31' deck on the rear of his house. In the anticipation and excitement of the upcoming construction, Charles overlooked the need to obtain a building permit. He would like to sell the house now. His lot is 39,237 square feet with three front yards, and his rear set back requirement is 50'. The "as built" deck is 30.1' from the rear property line. We are requesting a rear yard set back relief of 19.9'. Thank you for you consideration. Sincerely, William Gorman, North Fork Permits P.O. Box 1447, Mattituck, New York 11952 631-445-'r461 DEPARTMENT OF PLANNING IIcoUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 8, 2006 /HOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Mis. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Segouin, Stephan 5766 Engelke, George & Sandra 5895 FHV, LLC 5919 Butz, Mary 5920 Jeffries, Michael & Susan 5924 Palmeri, Philip 5925 D'Addario, James & Janet 5928 Cavanagh, Thomas 5932 Zannikos, Nicholas 5934 Tyler, Rita & Greg 5936 Rosenbaum, Leonard 5938 Peconic Bay Materials 5940 Cutchogue-New Suffolk Library 5945 Peocnic Landing 5949 The Laurel Group/Redman 5956 Volpe, John 5964 David ]lowell Design/AC LaChance 5965 Wiederlight, Marc 5966 Peter Suntenburgh/Fisher 5967 Isabella, Barbara & Joseph 5969 Drake, Charles 5971 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY S/s Christopher S. Wrede Environmental Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 16311 853-5190 TELECOPIER (631) 853-4044 ,,4 B~ N 85'59'$0" W 300, WUNNt , ROAD 249.00' OWNED LOT ~ NOTE' THIS SURVEY OF LOTS 132 & 133 AMENDED MAP A OF NASSAU POINT BY NASSAU POINT CLUB PROPERTIES, FILE No. 1.56 FILED AUGUST 16, 1922 SITUA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-12-5.2 SCALE 1"=20' AUGUST 11, 2006 INC. AREA = $9,237.48 sq. ft. {TO TIE LINE) 0.901 OC, PROPERTY IS SHOWN AS LOT 1 ON MAP OF HUENE ESTA'[ SEP ~ ~ ~00~ Joseph Land Surveyor PHONE (631)727-2090 Fax (631)727 1727 26-283