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Home My WebLink About5832 IJ~IK<tb. ... 10qJ-~ E. ~ ~ 5 g3.L. C()I)(/-y Nf>>J ~ PI:! j-.)- 0(,. C!.A 3-Q-o'" .'" IS I /I fL(S EJ' uerv. .. . , A~PEALS BOARD MEMBERS. Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . http://southoldtown .northfork. net Mailin~ 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 _ RECEIVCD t.-~ g'f-C) I9R! APR 1 3 2006 ~{Jr;-'!'. Soutlivld T<>,;o (lell! ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 5832 - ROBERT and DONNA HAASE Property location: 1695 Greenway East, Orient CTM 15-1-11 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 21,111 square foot parcel has 154.22 feet along the west side of Greenway East, 132 feet along the northerly lot line, 134 feet at the southerly iot line, and 168.73 feet along the westerly lot line, as shown on the June 16, 2005 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's December 20,2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed open, unroofed deck at the rear of their proposed dwelling. The reason stated by the Building Inspector in the denial is that the new construction will be approximately 26 feet instead of 50 feet from the rear yard lot line, and the lot coverage will exceed the code limitation of 20% as proposed, with approximately 21.7%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 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 new two-story dwelling which will be 47 feet from the rear property line, and conforming to the front and side setbacks, and for a rear 20 ft. by 33.5 ft. deck addition, at approximately 26 feet from the rear property iine. The lot coverage calculations were confirmed by John Metzger in a survey amended December 21,2005 at 21.7% (3073 square feet for the house and garage, 715 square feet for the deck, and 800 square feet for the swimming pool). ADDITIONAL INFORMATION: Clarification was received in a letter dated March 1, 2006 letter from the Town Building Permit Examiner indicating the reason why the new swimming pool structure was not included in their Notice of Disapproval as proposed with a setback at less than 50 feet from the rear lot line, as an accessory structure in a code-required rear yard. 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 relief is 1.7% over the code limitation of 20% for all Duilding area including .. ,,' Page 2 - March 9, 2006 . ZB File No, 5832 - Robert and Do Haase CTM No. 15-1-11 . a swimming pool, house with garage, and raised open deck construction. Also requested are rear yard setback variances at 47 feet for a new single-family dwelling, and at 26 feet (at its closest point) to the rear lot line for an open, unroofed deck addition (20 ft. x 33.5 ft. maximum size). The Board is of the opinion that this is the maximum relief that could be permitted, considering the 42' depth of the two-story home, designed at 28'8" height, while meeting the code required 40 ft. minimum setback. 2. An aiternative wouid be to build the deck at ground level and extended step areas between the house and the swimming pool. A raised deck, with open, unroofed construction, is a benefit for owners with easier access between the swimming pool in the rear yard and their new family home. 3. The variances granted herein are substantial and are the maximum that the Board will allow. The code requires a 50 ft. rear yard setback, and while the reduction for the new dwelling is only three feet for a 47 ft. setback, the entire deck requires relief from the code requirements. 4. The difficulty has been self-created because alternative construction to a deck would be flush with the natural ground rather than raised construction. 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. The appiicant has agreed to plant and maintain evergreens at a minimum of five feet in height at least 45 feet along the rear yard construction. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling with garage, open raised deck and swimming pool, 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 Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, as shown on the survey amended by John Metzger December 21,2005 and rough sketch (undated) of the proposed elevations, subject to the following condition: That the rear property line be landscaping with 5 ft. tall (minimum) evergreens for a minimum length of 45 feet along the rear yard line to screen the westerly lot owner's rear yard. 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 expressiy addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. Member Dinizio was absent. This Resolution was duly adMd (4-0). \j@,,--()~~~ Ruth D. Oliva, Chairwoman 4/// /06 Approved for Filing . . LOT NUMBERS REFER TO " MAP OF GREEN ACRES AT ORIENT" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON APRIL 13, 1962 AS FILE NO. 3540. N ~~~ gV1> ~O~'tll o well /50" v O-C 0..<1 r LOT 44 N89"32'10ME 132.00' ,'II~ t!) 8 ;z I\) pJ ~ 1-5' o . ~ prop ~/V"W"'Y , 0 '\ O. .( ;:>,:/,1 I/t. 134.00' ~ ,; " '\ "- " 47' .... ".. '0 LOT 36 .~ ~~\ ~~ ~{ /..... ~N .).1> "".:\... ":" : . ! , "\ , " '\ LOT 45 20' ( ~" I" . Ol ~ C\ ~ \ ...."~1 "'~-J ----. >S' ,. , ~'b ~ ~ ./ '"\l ~ Ol ~ t:t 20' -<;.- . -f9 ' "0 V\ 118 o ,/~Il _I. /2.1 583'1'50 W \ va-co-n f LOT 46 HOUSE 8. GARAGE = 3073sq.f/. DECK = 715 sq.f/. POOL = 800 sQ.f/. 4588 sq.f/. 4588/2/1// = 2/.7% LOT COVERAGE . =PIPE AREA=21,111 SQ. FT. ANY ALTERAnON OR ADOmON TO THIS SURVEY IS A VIOLA nON OF SEcnON 72090F THE NEW YORK STATE EDUCAnON LAW, EXCEPT AS PER SEcnON 7209-SUBDIVlSI0N 2. ALL CERnnCA nONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA TURE APPEARS HEREON. (cp, '" '" ,.. '" '" ef/1-.g 40' 40 SURVEY OF PROPERTY A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N y: 1000-15-01-11 SCALE: 1.=30' JUNE 16, 2005 Dec. 21, 2005 (fo/ coverogel d.WI'JIII~ , c.p' (50" well In f"~11 f e I /4.0 Ul o pJ '-J 0;- o ~ dwell""'1 C.p, ISO' ~ ~ ~ ~ '"<: (J wen (() !>l ~ -:0 ~ ~/l~ r;j lP- lY: 1. JJ 2S ~\i\ /~3 E; ~w & ~ ~ ~~(' va.CCA-.of Ul Ol &. ~ o . JT1 ~ tJl .., Ol ~ ~I /1.2. \ -0 " C) ~ " "- ~, pond- /- PECONI R (631) 7 5- P.O. BO 1230 TRA SOU THOW, O. 49618 5-1797 DEC-16-2005 02:35 FRDI":ROBERT HIGGIMS ARCHI 631 208 3351 TO: 3231332 . . fD _______r"' I I I , , I I I , I , I , , I I , , I , , _______J --.. n --.. II II " " " " " II II II " II II " II u -------i' II " " " " " II " II , I I , I I I I I I I , I I iii --. --. --. --. II --. --. --. --. II u .._-----,. , , I I I , , , I , I I , , , -------"" , , , r ,,0-,_ r r .~.. i i i ..... " r i P.l z. O~ t=~ ~: iiI! t-~ z<( l~ ~~/ 'V~~~~' J... \ \' ~r;~S'?y . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 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, MARCH 2. 2006: 1 :10 P.M. ROBERT and DONNA HAASE #5832. Requests for Variances under Section 100-244, based on the Building Inspector's December 20, 2005 Notice of Disapproval, concerning a dwelling proposed at less than 50 feet from the rear yard lot line and with lot coverage exceeding the code limitation of 20% for all building area on this 21,112 square foot lot, at 1695 Greenway East, Orient; CTM 15-1-11. 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: February 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7746 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Buraon 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 Southold, 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 1 weeks, successively, commencing on the 16th day of Februarv , 2006 fJ~~ ~alClerk Sworn to before me this 2006 J& ~~j CHRISTINA VOllNSKI NOTARY PUBLIC -STATE OF NEW YORK No, 01-1'06105050 Qualified In SuffOlk COunf CommissIon hplres February 28~ 200p day of m ~ \/\~ \ . \JJ\;' pr/' tlt'- 1l.,,;.lIlii....~.......... ...~~NlNG . B~.f.'lllAPPEAI.s ~MAR.CH2,2006 . pQ:lI4;.uEARlNGS NOTI~~'MEItEBY GIVEN, pur- suant:-tp"_~~~i:f Zf!7 of the T,)wn Law and ChapterlOO,.(Zoning), Cede of the Towp.Qf.S,outhold, the following public hearings will be held by the SOU~[1--1- OLD TOWN ZONING BOARD OF A~,-at--_theTQWn Hall, 53095 . Road, P.O. Box 1179, Southold. r14v.,-_i York 11. 971-0959,00 THIJRSDAY, ~~. lJIz,2lJ96:. ,30 ".M.' ClN.G1,iLAR/NEXTEU .'.RIZON WIRELESS/ORIENT JJF.E DISTRICT #5~05. Request for ~cial Exception, updei" Section toO- t~A (Dr public utility telecommunka- ~s ante _ ; t " loCated with the ~-_ Depa't nwmoications ahtenna an > apd related ile- ~~ _ .'. _~lter structure, ai'!he Flte'flouse ParceL 23300 M~n Road, orient; CTM 18-5-l::>.8. ZOne District: R-80. /1:00 P.M. CHARLES AND IYNN HILL #5$23. Request for Variances under Sections lOO-33C, IOO-242A, and 100-244B, based on the building .!!tv:'~ctor's No-vtmLer .iii, 2005 Notice of. Disapproval, amended November 29,2005, concerning proposed additions and alterations to the existing dwelHng and anew accessory garage. The reasons fOf the disapproval are that: (l) the ad- ditions and alterations will constitute an increase in the -de~~ uf nono:m- fonnance in an area-1ocalcd less than the code-reqriir~d 10 ft. minimum on a single side yard, and (2) the setback of the new garage is required to be Y; feet from the front yard lot line. Location of Property: 655 Lake Drive, Southold; ctM 80-3-20. 1:10 P.M. ROBERT and DONNA HAASE #5832. Requests for Vari- ances under Section 100-244, based on the Building Inspector's Decemhcl 20, 2005 Notice of Disapproval, concern- ing a dwelling proposed at less than 50 feet from the rear yard lot line and with lot coverage exceeding the.,~de limita- tiOn of 20% for all building area on this 21,112 square foot lot, al 1695 Cir~en- way East, Orient; CTM 15-1-11. 1:15 P.M. JIM and KAREN SPEY- jER #5819. Request f6rVariances u-nder Section l00-242A (and 100-244), based on the Building Inspector's Octoher 19, 2005 Notice of Disapproval, amended January 6, 2006 and February 3. 2006, concerning an application to demolish a substantial portion of the existing two- story dwelling pd reeonstruct i,p,~ same place 1irith additions 3.Od ~a- . ti6IIS, -Qf at less tit..., both streets, at 2100 Jackson Street and Fourth Street, New Suffolk; CIM 117-10-18.1. 1 :20 P.M. OEORGE ajld MARY SIORAS #5838'., R'eq(iest for, a .Y~ri- ance under Section lOO-242A and .100- 244, based on the Building Inspector's January 3,2006 Notice of Disapproval, amended January 18,2006, concerning proposed. additions and alterations to an existing dwelling, increasing the de- gree Of nOIl,col\(ollIl:ance when located lessthaIi.'3S'il~-thef:t(nit,jard lot line, at 5300 Pequash Avenue, Cu- tchogue; CfM 110-5~32, I,25I'M.I0,\TliP'l(lN FRALl;\IOH. Request fqr at.Qt ",diver ui1dGrS~tion 100<~6, base'd-ontbe Buildin:g lifspe'c- tor's Octqber 11,,2005~otice of Dis- approv~I,Jo ~.er!J~ county Tax:, Map ParceI110,:5-~2 (V~catlt :area'()f 29:668+- square feet) -accessible from a.j)'ftvate right-of-way extending from thti sout,h side of South Cross. Road; to~{~pa- rated from thefl}l~~~~t,landS#:~.:;Wi 110-543 (23~893+.;:--~e feet), moWn as 650 West. Road. Culchogue. The en- tire merged area of land consists of 44,561 +- square feet, _ 1:35 P.M. EDWARD and ANN O'CONNELL #5843. Request for a Variance under SectionlOO~244, based on the Building Inspeytor's November 30, 2005 Notice of Disapproval, con- cerning a proposed swimming pool ex- ceeding the code limitation of 20% cov- erage for all building area on this 10,875 square foot lot, at 620 Marlene Lane, Mattituek;CTM 143-2-22.2. 2:00 P.M. ANGELO and SUS;Ai~ M. RENNA #584U. Request W'i'a Reversal, (!r it) I.be; ~,\t~IT,'i\~~veadVariance, under Sections l00-242A and 100-244, based on the Building. Inspector's November 21,2005 Notice of Disapproval concet:n- ing proposed additions~ and alterations to an existing dwelling, increasing the degree of ilonconformance wben lo- cated at less than 35' feet from the rear vard line, less than 35 feet frotri the front yard lot line, an41ess than 10 feel on a single side yard, atHedge Street,Ftshers Island; crM 1000-10-7-19. 2:05 P.M, PAUL,(.ONG #5841 - Re- quest fo~ Variances under Sections l00~239AB andl()()"244, based on tbe building Inspector's December 5, 2005 Notice of Disapproval, amended Janu- ary 17,2006 concerning a proposed new dwelling, after demolition of the existing dwelling. 'Ole reasons for disapproving the building permit application are that the new dwelling will be; (1) less than a total side yard (both sides) of25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot coverage will_exceed the code limitation of 20 percent for all building area with tbe existing garage, Location of Propertj': 3945 Camp_Mineola Road, 13 '.d!r~ !i!lOltituek;Cf!I( 123-5-30. 2,10 P.M. CAROLF1!S'fA and THOMAS GEPPEL, 111.. ~34 - Ik quest for a Variance under Section 100- 33, based on the Building Inspector's November2,2005 Notice of Disapprov- !<!1, co.~ct;r:n.ip.g l.!. prpposed swiJpmipg pool 10 an area.. other than the. code- requ~~_?/e,<lJ..Y<tfd" at 150 Harbqrview !Avel\Ue,\'i4a~~..;:<;r/Il..9~~,z.L3. 2'20I'M.J NATHAN~NG#5827 - Requests for Variances under Sections 100-33, l00.239.4B, and 100-244, based on ~e B.l1Hc:l4tgpepartment's October '26,"WOS'NotireqfDisapproval,concern- ing demolition ~ the eXisting dwelling and constructio~ of a new dwelling and d~tach\?d,~s~ry garag~1b~ reasons ~~. bqil~ing petmit app1iC,ll~on wasd~- approved are: (1) that the"tlew dwellmg 'will be less than 75 feet_froDlthebulk- head, (2) that tlJ:e n~w acce~sory,garage ~,l?~ less:tlla~ 35 feet from the front Y;~;'~~-,:#~~i,~ will be in a side yard t(thet~Jhe ~quired rear yard or re- quir:ed front'yatP. Location of Property: ~1,~':rjlkaaos.i. ha;Road, Sou.th.,_ O..Jd;.CIM...... ....- ~7~:7. ;. 2,30 PM. SHINN VINEYARo.lNC and BARBARA SHINN #5836, Loca- tion of Propert;y: 2000 Oregon Road, IMattituck, CTM 1000-100-4-3,1' (and 3.2). RequeSts for: (a) a Variance under Section 100-32, based on the Building Inspector's December 19, 2005 Notice of Disapproval concerning' proposed additions and alterations to the exist- I ing_ single-family dwelling, j\lt less than .60 feet from th~ front yard lot line, and (b) a Special Exception. under Section too-31B to establish an Be.d and Break- fast as an accessory use to the owner's I residence. 2:35 P.M. ANTHONY and SUSAN NAPOLITANO #5835, Request for a Variance under Section 1oo-239.4B, based on the Building Inspector's Oc- tober 19, Z005 Notice of Disapproval amended December 27, 2005 concern- ing a proposed swimming pool at less than 75 fel.':t from the bulkhead, at 200 Cleaves Point Road, East Mario~; CIM 38~2-23. 2:45 P.M. ANTHONY and:"t)ANI- ELLE CACIOPPO #5686. Request for Variances 1!nder Section ,l()()':.244, based on the:Building Depaltment's October 14, 2004 Notice of Disapproyal, amended November 9, 2005, conceming proposed additions and alterations to the existing dwelling atless than 40 feet from the front yard line and exceeding the code limitation of 20% toW lot cov- erage for all building area, at 1455 Inlet Way, Southold; gM 92-1-4, 3:00 P.M, n;RRY McLAUGHLIN #5837. Request for a Varian~ under Section 100-33, based on the Building Inspector's October 24. 200S Notice of Disapproval-conceming a pfupOsed swimming pool in an area other than the required rear yard, at 360 Old S8;It Road, Mattituck~ CfM 144-5-9,1. 3,10 I'M. NICHOLAS ALlANO #5~46. Request for Varianees:(1) under Section lOO-Z39.4A(1), based on the Building Inspector's January 5, 2006 'Notice of Disapproval, concerning a b\lilding permit (#31581-Z) issued in error, for a location set back less than the code required 100 feet from the top ot the Long Island Sound bluff, and (2) based on the Building Inspector's Janu- ary 13, 2(X)6 Notice of Disapproval, cit- ing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling I. size .and IOC." tion'!t .less. than the. re- quired 100 feet from the top of the bluff and less than the required 40 feet from I the front yard lot line. Loeation()f Prop- erty: 3705,OuckP~nd Road, Cutcbogue; CfM83-U2. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or ,desiring to submit wri,tten sta~ements :before the conclusion of each hearing. rEach hearingwiU notstiirt earlier than I designated above. Files are available for jreview during r~gular busineS~ hours. ~f ,you have questIOns, please do npt heSl- I tatc to contact our office (631) 765-1809, I,or linda.kowalski@town.southold~ny.us. Dated: February 8,2006. ZONING BOARD OFAPPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 7746-H 2/16 30j- OL-~ kM.f:4 (YiJJl, ~ . . FORM NO.3 U t"83V NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: December 20, 2005 TO: Robert Haase POBox 303 Orient, NY 11957 Please take notice that your application dated December 15, 2005 For approval for construction of a new dwelling at Propertv: 1695 Greenway East. Orient County Tax Map No. 1000- Section 15 Block I Lot II Is returned herewith and disapproved on the following grounds: The proposed construction for this 21,112 sq. ft. lot in an R40 Zone is not permitted pursuant to Article XXIV Section 100-244 which states that principal buildings on such lots shall be required to meet a minimum rear yard setback of 50'(feet). The construction site plan indicates a proposed rear yard setback of approximately 26'. The lot coverage is approximately 21.7%. The required lot coverage is 20%. ) . " ,/') .f. .~ !' AfJ..I ( 'Authorized Signature -' . . I " APPLICA TION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ;"'; _.__ Date Assigned/Assignment No. _~~_~_.___ Fee: $ Filed By, Office Notes: Parcel Location: House No./b9S' Street breeNWo..y l?e.S+_HamJet DR ,'''IV + 15"" 01 1/ SCTM :\.900 Section....B1ock ....Lot(s)_____.Lot Size , L{<;n"cZone District (L 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 'lire;; 05'" ___ Applicant/Owner(s): Robert ~CWt>e DOl\lNO- )--foase. Mailing ~ /l Address: .0. I:X:>)C 303 63/ 323-/P3./ OR-('eN1- N.'--/ /195-7 I I Telephone: NOTE: If applicant is nollhe owner, state if applicant is owner's aHorney, agent, archilect, builder, contract Hndee, etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names; ~pplicant/Owner(s) 0 Authorized Representative 0 Other: ___:_ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED _Iz.j_!~! oJ- FOR: .~uiiding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Sectiou, Subsection and paragraph of Zoning Ordinance by nnmbers. Do not quote the code. Article )()( I V Section 100- :J.'ILf Subsection 1<#0._.- Yo..yd ell' tot co~ G-'f ;;L I,~ Type of Appeal. An Appeal is made for: '1J A Variance to the Zoning Code or Zoniug 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 0 has not been made with respeet to this property UNDER Appeal No,_Year . . Reason for Appeal Continued Zoning Board of Appeals reo Robert Haase Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The subdivision of Green Acres at Orient was developed before rear yard setbacks were increased to 50 feet. The community's Covenants & Restrictions require the front yard setback to be no less than 40 feet which does not leave sufficient depth for the proposed house and deck. The property is also narrower in the center, reducing the depth to 128 in the center. Many of the properties in Green Acres are less than 20,000 square feet which allows the rear yard to be reduced to 35' as a nonconforming setback (See attached). The property will be developed in character with the neighborhood, the house encroaches slightly into the rear yard because of the design, any deck would encroach into the rear yard setback. The house is designed wi th at tracti ve architectural features, the family wishes to be an asset to the neighborhood. Unfortunately, the conforming building envelope allows for only a house and deck for a narrow 1970's ranch style. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. This house is a year round home for a family of five with three children. The house is 42 foot in total depth at it's widest point (see design of the house and jog in the center of the lot) requiring a variance. The pool is conforming in it's location and setbacks, however, the lot coverage is increased to 21.7% due to the added lot coverage by the proposed pool. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The Covenants requiring a conforming front yard preserves the character of the neighborhood, the rear yard variance and the lot coverage are minimal. 4. The variance will have no adverse effect physical or environmental conditions in the or impact on neighborhood the or - - district. The property has no environmental constraints. Health Department has approved the construction. 5. The alleged difficulty was not self-created. The house, deck and pool is desired by a growing family and the zoning has changed since the lot was created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. -(lbr ~Q- signature State of New York ) )ss ~~b / IlETllYA"AKINS -'_,SIaIool__ No. OtPE 6t3063S CluoOfie<t"_eouno, '? q --...... <-00 I evislons 01>.07-9 01-09-9 01.20-9 07-22.9 2.00.0 O~. 10.0 05-21>-0 01.2/,.01 02'2~.01 00-01-01 00.09.0, 00. 2~ -0 1 11-19-01 05.20-0 ~-11.0 !1 ~ I ISLAND \-o~G "'~' .LO .. _ - ~.\).rof..J , 1.1 1.9A ""8)\.' . .,' ." ' ~ S~. ,,, 24.10 ,>' ,- 24.11 " 2~,H '" , 24.13 ,?'" -:.',,' -i"" o ~ 11.6 33.2A ",", o ~ ~ '" 27.0Alcl ~ I FORPCL.NO SEE SEC, NO' 020-01-002.2 FQRPCl,NO SEESEC.tfJ' 020-01-003,; ," > ldATCH '----i'-- co. " 2,9Alcl ~,~!I - r L ~. E ,t'""'l''' ,,00<00"'__ ---i'-- I<b~.~"", l'" No. 1<b<i,I,'coBiod/!Wo.., BOt. limit "" -- ~~D1'''''''lfoo F'c.D1,',lctltoo - ~"" '''''-a>'lb'''dth, 1''''..00''''''''00 UNLESS '" DRHN wLTH,N TH~I"E~W'SE, .U FOLLOWING """,Q (21) BUlLDIN.RMIT APPLICATION t., Do you have or need the followmg, bef,h Board of Health 4 sels of Building Plans Planning Board approval Survey Check Seplic Form N.Y.S.D.E.C. Trustees Contact: ?- TOWN OF SOUTHOLD . BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.netlSouthold/ PERMIT NO. Examined Approved ,20_ ,20_ Mail to: Disapproved aI c Ie t zf'1 <; Phone: ~? - :2 t{ J. L( Expiration ,20_ I, Building Inspector ~ i ....., I i I ~~~,_~_~,. .... , _.._.~.~... U J '~ I APPLICATION FOR BUILDING PERMIT (HOLD Date ,20_ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building 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 commenced 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 authorize, 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 South old, Suffolk County, New York, and other applicable Laws, Ordinances 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 for necessary inspections. WA- j~ (~ignature of appiicant or name, if a corporation) (tJ, h~ ?> 0'3 ONecUf /Z!.y,' 119>. (Mailing address of applicartt) 1 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (/WNt'f'Z- Name of owner of premises K ol.oer+ t-{a Cl S e. !)O)1/f//Q !la.Q s<= (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. 1. Location ofland on which proposed work will be done: / t, 9 :) G-~"eNwav e~f House Number Streef () /21 'e.v+ Hamlet :";10 Block I:> - ( Filed Map No. :,'.!ti~ ~ot;? _:' \____'~tOt 1/ 1(S- County Tax Map No. 1000 Subdivision (;.r'e'e"J (Name) Section fJu-e, 1000 , (--, State existing use and occupancy 01 r _ =ises and inteI1ded use and occupanc J i proposed construction: a, Existing use and occupancy (I <l,--u.y d-' ~ b. Intended use and occupancy~t< fhvd ihvj 3. Nature of work (check which applicable): New Building X- Repair Removal Demolition Addition Other Work Alteration (Description) 4. Estimated Cost C\ l.ot Fee 5. If dwelling, number of dwelling units If garage, number of cars z.. L (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, 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 Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front go 0 Height ) %' ~ 1/ Number of Stories /5 t( f Rear 3 Depth 1(2. 5"3' 8 h lI'~u , 11;',. fl... fok,......J ~ 2. 9. Size oflot: Front Rear 16<6,73 Depth /32- NameofFormerOwner ,AuJ~ oj- Ct..p.,~{..,....e !3arf,p,e,,>-<- 10. Date of Purchase lih..?. (os 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X. NO_ 13. Will lot be re-graded? YES_NO ~ Will excess fill be removed from premises? YES ~ NO _ ~ ~ R. op.lewt . 14. Names of Owner ofpr 'ses ~~e Address :tJ/!>O)( 30? Phone No.~ >1 - J2.3 .;2.V~'I NameofArchitect~rEb'i'r+ ,.,;""S AddressJi>I4U-.......~ AH- PhoneNo 631-:208 J3S1 Name of Contractor ' Address {,lJool~ (l...~-r iii"; Phone No. I 117'oz. IS a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO .K..- * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 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: COrnp)Y OF ) \<..oloe,t ~C;~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the () w.rf,H? ,c.. (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true 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. Sw~efore me thi'f).. \ ,.- day ~M'ge( 20.ttl.- h ary Public BONNIE J. DOROSKJ Notary Public, State Of New \brll No.OlD06095328.SuffO~~un\r Term Expires July 7. 20 A.t- ~~~ Signature of Applicant . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtoWll.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 30, 2005 RE: Zoning Appeal No. 5832 Transmitted herewith is Zoning Appeals No. 5832 - Robert Haase - Zoning Board of Appeals application for variance. Also included is Notice of disapproval dated December 20,2005; application to the Zoning Board of Appeals; reasons for appeal (two pages); one black and white drawing; project description; applicant transactional disclosure form; short environmental assessment form; property record card; adjacent property sizes (hand-written) and survey of property.