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Home My WebLink About4804 AP'BEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 AppL No. 4804 - ASTRID GADDIS 1000-126-11-6 STREET & LOCALITY: 7020 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 19,227 sq. ft., lot depth of approx. 340 feet, width of 62 feet on Peconic Bay Boulevard and 66.56 feet on Peconic Bay. Applicant demolished a 1-1/2 story house under B.P. #26308-Z, in order to rebuild on its foundation with an expansion. According to the survey of John Ferrantello dated 6/28/93 and updated 8/31/99, the foundation of the former house was set at a 45 degree angle to the east and west lot lines. Because of its orientation, the closest points to the lot lines were at corners, 14.9 feet on the west and 4 feet on the east. The foundation setback from the bulkhead as 70.2 feet. An open patio extended about 18 feet from the house toward the Bay, to a setback of 52.5 feet from the bulkhead. At the time the property was first viewed by Board members, the former house had been demolished and the existing foundation had been expanded by new foundation work. BASIS OF APPLICATION: This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's February 14, 2000 Notice of Disapproval which states that: (1) the proposed covered deck 10 feet deep, to replace the open patio on the Bay side, would have a setback of 61 feet from the bulkhead, and its construction would violate the 75-foot setback requirement of Code Section 100- 239.4B; (2) the corner of an addition at the northwest corner of the house would be 10 feet from the westerly property line, less than the existing 14'9" nonconforming setback of 14.9 feet and thus in violation of Code Section 100-242A. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance authorizing covered porches on the Bay side and northwest comer of the house. The revised site plan submitted April 27, 2000, date stamped by the Board on May 1, shows the waterside porch to be 61.2 feet from the outer edge of the bulkhead, and the northwest corner porch to be 13.1 feet from the property line at the closest point. The latter porch has been reduced from the original proposal, which entailed a 10-foot setback. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: (1) The house is less than 75 feet from the bulkhead. Therefore, any construction above grade on the Bay side requires a variance. The former patio was at grade level at a setback of 52.5 feet from the bulkhead. The proposed porch would be on piles up to 18 inches above grade, and covered. (2) The proposed covered porch facing the Bay, although less deep than the former open patio, would be a much more massive structure and would add significantly to the bulk of the house. The P~ 2 - June 8, 2000 ZBA Appl. No, 4804 - Ast~id Gaddis Parcel 1000-126-11-6 at Laurel Code requirement for a setback from a bulkhead serves not only to protect the shoreline physically but also to prevent the intrusion of building mass into open shore areas. The size and bulk of the proposed covered porch facing the Bay would produce an undesirable change in the character of the neighborhood and detriment to nearby properties, (3) The pre-existing northwest comer setback of 14.9 feet is nonconforming and thus sets the limit for westerly setbacks under Code section 100-242A; anything less requires a variance. Applicant's original plan called for an addition to the house footprint with a comer only 10 feet from the westerly line. The revised site plan received on May 1, 2000, shows a covered porch at this comer with a setback of 13.1 feet. This is not a substantial reduction from the pre-existing setback, and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) Applicant purchased an older house, demolished it, and is building a much larger, more massive structure. Applicant was able to plan the new structure starting from the pre-existing foundation, and the difficulties applicant has encountered in complying with the Zoning Code are essentially self created. (5) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefits of a new house of the sort he has planned while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the requested variance for a covered porch set back 61.2 feet from the bulkhead, and further RESOLVED, to GRANT the requested variance for a covered porch at the northwesterly corner with a setback of 13.1 feet as set forth in the revised site plan received by the Board on May 1, 2000. VOTE OF THE BOARD: AYES: (suggesting denial as alternative). RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE Gllql°° HOUR q.q0~,%- Town Clerk, Town of Southold Goehringer, Dinizio, Co~gJlJ~r~YS: Tortora and Homing GERARD P. GOEHRII~GER, CHA'I'RMAN For filing about 6/15/00 NOTICE 'oF 'PUBLIC-FiEARIN~ SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 6, 2000 NQTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the $OUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 6~ 20OI) at the time noted below (or as soon thereafter is possible): 7:40 p.m. Appl. No. 4~a~- ASTRID GADDIS. Applicant requests Variances under Article XXIII Section 100-239.4B and Article XXIV, Section 100-242A, based upon the Building Inspector's February 29, 2000 Notice of Disapproval and an application for a building permit to locate proposed dwelling addition. The proposed addition will' be less than 75 feet from the bulkhead and will have side yards at less than the existing 14'9" nonconformity. Location of Property: 7020 Great Peconic Bay Boulevard~ Laurel, NY; County Tax Map Parcel No. 1000-1264'1-6. The Board of Appeals will at the above time and place hear all persons or their representaUve desiring to be heard or bo submit written statements (before the hearing is concluded), The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 10, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 DATE; February 29 2000 TO Jeffrey Butler MC Gaddis 20 Overhill Rd Shoreham NY 11786 Please take notice that your application dated February_ 14, 2000 For permit for addition to existing one family dwelling Location of property 7020 Great Peconic Bay Blvd Laurel County Tax Map No. 1000 - Section 126 Block 11 Lot --6 Subdivision Filed Map # Lot ~ Is returned herewith and disapproved on the following grounds; l) Proposed addition of roof over porch on waterfi-ont side (south) of structure not permitted pursuant to Article XXIII Section 100-239.4B which states; All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. Proposed construction is located within +/- 61 ( sixty one) feet of existing bulkhead. 2) Proposed covered porch addition on west side of structure not permitted pursuant to Article XXIV Section 100-242A which statesi Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has an existing non-conforming side yard setback of 14' 9", proposed addition with proposed setback of+/- 10 (ten) feet will increase the degree of nonconformance. Authorized '$Tgnature - ~OR~I NO. ! BUILDING DEPARTMENT TOWN ~L SOU~OLD; ~.Y. ] 197 ~L: 765-1802 F'.~raised ................. , 20 BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ................... NOTIFY: MAlL TO: ................... (Building~tor) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Dare ................ , 20 .... a. 'ibis application mst be'completely filled in by typewriter or in ink and submitted to the t~lilding Inspector ~ 3 sets of plmm, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings co premises, relationship to adjoining premises or lmblic streets or areas, a~d giving a detailed descriptian of layout of property most be drawn on the dingrma ~/nich is part of this application. co llm work covered by this application may not be ccrananced before issuance of Building Permit. d. Upan approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be {u~pt on the i~L~,,;ses available for inspection thre~be~t the work. e. lto building shall be occupied or used in ~faole or in part for any purpose ~hatever until a Certificate of Occulmn~ shall have been granted by the Building Inspector. APPLICATICN IS }~m? ~ to the Building Depormmnt for the issu~ce of a Building Permit purs~aor co the Building Zone Ordinance of the T~vn of SuUtholdi 'Suffolk Cotmty, ~New York, and other appliceble La~, Ordimmees or Ragutatic~, for the construction of buildings, additions or alterations, or for r~uoval or demlirion, as herein described. 3he applicant agrees to comply with ail applicable lin,?, ordinmmes, building code, housing code, and regtflatians, and to admit authorized inspectors on praises and i~i building for necessary iaspecrions. (Signature of applicaut, or mme, if a corporation) (Mailing address of applicant) State *fnetber applicant is owser, lessee, agent, architect, engineer, general contractor, electrician, plug~er or build ..... .~.~.~..< £4 ?.. ...................................................................................................... o, r of pr se, ..... .................................................................. /(as on the tax roll or latest deed) If applic~t is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builders License lb ..... Z-../e..~. .............. , Plumbers License No ......... {. ................ ElectriCians License No, ,,..J. ................ Other Trsde's Licansc No...~. ................ I. Location of land on which proposed work will be done.. . .0.¢.c~. .... , .... ~.~/.4~. ...... :. .... House Nml~r Street lta~let Camty Tax Map No. 1000 Section .../~ .... ".~ mock ...cQr.2..//. ...... Lot ~.~.~ Subdivision ...................................... Filed Map NO ................ l~t ............... 2. state existing use ~nd occupanay of premises and intentted use and occupancy of proposed construction: a. s use and ocoupency ......................................................... ,. ..... ........................... (~ripti~) If garage, ~r of ~rs ...................................... l~i~t ......................... ~r of fitorie~ ..................... ~te of ~rdm~ ..................... ~ of Fomr ~r ........................................ PLOT D f AGRAxM [~ate clearly and distinctly ail buildings, xahetlmr existing or proposed, and indicate ail eet-4mck dimensions ~n property lines. Gix~e street and block nt~ber or description according to deed, and at,x* street nares and indicate ether interior or corner lot. GF bls54 YOlk, SS t.he ... ~. ~2 ...... ~. ...................... (~tractor, a~nt, cor~rate officer, etc.) ~id ~r or ~rs, ~ is ~fly ~tbori~ to ~rfom or 1~ ~rfo~ Om ~id ~ ~to ~ ~ file this l.~cati~}; that ~IL stat~nts cmtai~ in ~is a~licati~ m t~ to file ~st of his.~l~ ~.~Hef~ ~ the ~rk will 1~ ~rfo~l im tl~ mm~r ~t forth in ~ a~licati~ fil~ t~. ~m to ~fore m ~is L OA U. OHN ............. ~o. 01B~020~2 ~fified in Suff~ CO~ Term ~okes Mar~ ~ ~/-~ ~ 10:09 ~318217287 (Applicant) NQ~ 'D~E B, W~ ~l~lo~ ~PZ~S JAN. FORMER OWNER/~ / ? RES. ~ ~',~ ~~-~.'-~sEAs' ,x w. ~ iMP. AGE NEW FARM NORMAL Acre TOTAL FARM DATE PI~OPERTY REI :ORD CARD COMM. CB, MISC. Mkt. Value DIST. SUB. // ACR. , £-oo I TYPE OF BUILDING BUILDING CONDITION BELOW ' ABOVE Value Per Value LOT Tillable Tillable: 2' Tillable 3 Woodland Swampland Brushland House FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway ~r~ge Patio O.B. Total Foundotion Both Basement ,,-.~ ~'~ Floors Ext. Walls Interior Finish Fire Place Type Roof Recreation P, oor Heat Rooms 1st FlOor Rooms 2nd Floor Driveway