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Home My WebLink About4853 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 1~, 2000 / / / / NOTICE 18 HERI~BY GIVEN, pursuant tc//Section 267 of the Town Law and Ohapter 100 Oode of the To~ in of Southold, the foll9~ving application will be held for public hearing by the (Zoning), SOUTHOLD TOWN BOAi~D OF APPEALS ache Town/Hall, 53095 Main Road. Southold, New York 11971, on THURSDAY, ~]EPTEMBER 14,/2000 at the time noted below (or as soon thereafter is / possible): 7:15 p.m. Appl. No under Article III. Section 1C ocete a proposed Map EO/W. & K. KELLER. This is a request for a variance on the Building Department's July 28, 2000 Notice of Disapproval to in a front yard area, at 817 Jennings Road, Southold; County Tax The Board of desidng to be heard or to s start earlier than desi p.m.), If you have at the above time and place hear all persons or their representative statements (before the headng is concluded), The hearing will not Files are available for review during regular Town Hall business hours (8-4 please do not hesitate to call (631) 765-1809. Dated: August 28, / t\ GERARD P. GOEHRINGER. CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 TOWN~OF SOUTHOLD BUI*LD'I NG DEPAR'ftfENT TOWN HALL SOUTHOLD, N.Y. ] ]97! TEL: 765- 1802 ........................ CEECK ......................... SEPTIC FORM ................... DEC ...................... .. ... TRUST~ES ...................... NOTIFY: -vF ~- ~_~-- CALL . ./. ~.h .-... ~z./. ~ .... (Building Inspector) APPLICATION FOR BUILDING PERMIT '-~- INSTRUCTIONS Date ................ , PO... a. This application must be ca~pletely filled in by rypewrlter or in ink and anhnltted to the Building Inspector 3 sets of plans, aceurage plot plan to scale. Fee according to schedule. h. Plot plan showing lccatloo of lot and of buildings on pre~nlses, relationship .to ~djolnlng pre~/ses or public streets or areas, and giving a detailed description of layout of property r~s[ be drawn on the diagram which is parr c this application. c. 'l]]e ~ork covered by this application r~y not be commenced before issuance of b~ilding Permit. d. Upo~ approval of this application, the Building Inspector will issue a Building Permit ~o the applicant. Su~ parmi: shall be kep~ om the premises available for inspactian throughon[ the ~ork. e. No ~ilding shall be occupied or used in ~ahole or in port for any par~se whatever until a Certificate of Occupancy shall have been granted by the Building Inspector· APPLICATI(IN IS HEREMY FA!E ~o the Building Departaent for the issuance of a bailding Permit puranan[ to the Building Zone Ordirmnce of the Town of Souti~ld, Suffolk CoumUy, New York, and other applicable La~s, Ordins~cas oz Regulations, for the co~truc[iom of buildings, addltlens or alterations, or for raw, oval or demolition, as herein described. The applicant agrees to sc~ply with all applicable laws, ordinances, building code, housing code, a~d regulagic~as, and to ackgit authorized inspectors on premises a~d in building for necessary inspections. (Signature of applicant, or name, if a corporation) · f: ....... (Mailing address of applicant) State w~mther appHcmnt is owner, lessee, agent, architect, englr~er,'general contractor, electrician, pl~nber or bail ..... .Q ...................................................................................................... (as on tim tax roll or latest deed) If applicant is a corporation, signature of duly anthorlzed officer· (N~ ~ title of corpprate officer) Pltr~bera License No .......................... Electricians Liceas~ No ...................... O~er Trade's License No. Location of lar~i on which proposed ~ork will be dono ............................................................. House blmber Street t~et County Tax Map No. 1000 Section ..... .J~.'...'~· ...... Block ....~. ........... Lot .... ~:~. ......... Subdivision ............ Filed MapNo Lot 2. State ex/sting use and occupancy of pr=nlses and intended Use and occupancy of proposed construction: a. Existing use amd occupancy iJ ,~.%~r.w~.~. [~-*~J- ......... whetDer interior or corner lot. 3. F~ture of ~o~k (dmck ~hid~ a~li~ble): ~ ~ildi~g ~ ~iti~ Mtera~iom , I~ir ............. ~l ..i~ ......... ~lition ............ Other I~ .................................. {~rlp~im) 4. ~s~i~t~ ~s~ 200~0 ~ f~ ....................... (to ~ ~id ~ filing this a~li~ti~) 5. If &~lling, ~t~r of ~lli~ units ..... ~ ...... t~r of ~lling tmlts ~ ead~ ~r ................ If garage, ~r of ~rs ..~ ........ + ......................... 6. If ~i~ss, ~rclal or ~ ~, s~ci~ ~ture ~ ~tent of ead~ 7. Di~nsi~s of ~sting s~res, ir ~: ~t ................ ~ar ............... ~pth ................. l~i~t ....................... ~r of 8tories Di~nsi~ of ~ st~e ~th alterati~s or ~itlons: ~on~ ............... P~ar ............... ~pth .................... ~i~t .................... ~m~r of Stories ......... ' ...... 8. Di~nsi~ of entire ~ ~st~tim: ~t .~ ........... ~ar ..~. ......... ~p~ ..~ ......... }~t .... ] ..................... ~r of Stories ....~ ................ 9. Si~ of lot: ~t .... ~ .......... mar .... ~P.~.~ ...... ~pth ...~.~ ............ ]0. ~te of ~a~ .................... ~ of Four ~r ~ ~[l~ ...................... ~ ]. ~ or u~ district in ~i~ pr~i~s a~ si~t~ .............................................................. 13. Will lot ~ r~ ...~e .............. Will ~ss fill ~ r~ ~ of ~d~it~t .................................... ~ress .............................. ~ ~ ............. ]5. Is ~is P~r~thin ~ f~t of a till ~tl~? *~ .......... ~ .~ ...... PLOT DIAGRAM Imate clearly ~ disti~tly all ~ildi~, ~mr ~isti~ or pro~, ~ i~icate all ~t-~ di~asions ~ ~r~ ti~s. Gi~ ~t~t ~ bl~ ~r or ~scripti~ ac~ing to ~, a~ ~ strut ~s ~ i~cate ......... .......... (Nare of ~r~l~ ~dual s,gmng .contract) above r~n~rJ, ................ being duly s-~orn, deposes and says that he is tl~ appl. lc~t Ik~ iS the (C~n~trector, agent, corporate officer, etc.) oE ?-aid exeter or ~s, a~l is duly ~thoriz~ to ~rfo~ p~ h~e [~rfo~ the ~id ~ md to ~ke a~ file this a~l. lcati~; tha~ al~ state,ts c~ta{~ in thig a~licati~ are tm~ to the t~st of his ~1~ that the ~rk will 1~ ~rfon~ in the ~nt~r ~t jforth in a~e a~l.i~nti~ fil~ t~th. s~m to be~rejm this .... .... ....... Notaw Public, State of New York NO, 4951364 Qualified (Silk, Cure of Applicant) TO'W~4 OF SOUTIIOLD, )',lEV/ YORK ^PPEAL FROM DECISION OF BUILDII'IG INSPECTOR APPEAL NO, DATE .......................... .... TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD. N. Y. Richard Romeo I, (We) .......................................................... ~ ...... of ....~-e-~-9..~..Rgs....~..~,~.~...~.9.V-r--~.l.d ............................ Name of Appellant Street and Number Southold .... ,N..Y....1..1..9.,7..1 ......... HEREBY APPEL TO MunlCtpallly Stoto THE ZONING BOARD OF APPEALS FROM TI IE DECISIOI,I OF THE BUILDIHG INSPEC'I'OR ON APPLICATION FOR PERMIT NO. . ........... DATED 7-g7-0.0. ......... . ...... WHEREBY THE BUILDING INSPECTOR DEl-lIED T'O Romeo Builders Inc. Name o~ Applicant for permit of Jennings ROad, Southold Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY " (×) permit to build Jennings Road, Sohtho.1,.d. ...:..r.;..8..0. ........................ 1. LOCATION OF THE PROPERTY .................... '7' Use Dist,lc;' o~ Keller Dtstricl; 1000 Sect40n 54 Block 6 Lot: [8 .................... Cut,re.t Mop No. -Lot No. Pt,tar Otc. net' 2. PROVISION (S) OF THE ZONING ORDINANCE APPF~LED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoning Ordinance by number: Do not q~ole the Ordinance.) Article [zz Sect:ion [00-33 3. TYPE OF APPEAL Appeal is made herewilh I'or (pleage check appropriate box) (X) A VARIANCE tc~ the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsecllon 3 (.) 4. pp, EVIOUS APPEAL A previous appeal ;([~d~ (has not) been mode with respect to this declsio, of Ihe Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and wo~ made in Appea! No ................................. Dated ............ ' ................ ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) ,& Variance lo the Zoning Ordinance ( ) Is requested ~or the reoson ii,Bt Propesed garage to be l~cated in front yard preserve the character of the neighborhood is the preferred to and location be the neighbor and appl{cant T'on. 2;B! (ConliK~ue on other side) I~l~ASOIq FOR APPEAL Co~llinuud I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- sary ItARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vJcinil¥ of this property and in Ibis use district because 3 The Variance would observe Ihe spirit of th~ Ordinance and WOULD NOT CHANGE THE CI IARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF Signature Sworn Io this .............................................. day at ....................................... ~ Nolary Public PATRICIA C, MOORE Notary Public, State of~ew York Suffolk Count~ - No. 486166~ · Commission Expires June 16, ~";~-~ Reason for Appeal Zoning Board of Appeals re: Richard Romeo Continued Pursuant ~o Town Law section 267b-3 the Southold Town Zoning Board of Appeals zs to analyze and assess the personal benefits anticipated by the applicant agamnsm 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 mo 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 nemghborhood or a detriment to nearby properties, if the variance ms granted. The nemghborhood consists of two residential properties and an agricultural property at the end of Jennmngs Road. Mr. and Mrs. Romeo are mn contract no purchase the subject property. The neighbor's house is set back on the property, therefore, if the garage was placed in the rear yard mt would be much more mntrusive than the placement of the garage mn the front yard. The Romeos and their neiqhbor would prefer mo place the garage in the front yard. The setback of 40 feet will provide more room between the house and garage, the property will be developed with a less cluttered placement of the structures. The homes to the rear of the subject property are facing Sound View Avenue, the garage would be more visible mo them if the garage is placed mn the rear yard. 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. The propermy has some unique topographic feature, the property is elevated above the nemghbor's property and the garage would appear larger and overbearmng mn the rear yard. The parcel also contains a 12' x 12' Bolder on the easm side which impacms the placement of the structures. The house will be set back at the crash of the slope in line with their nem~hbor and the garage, if in the front yard, will be se~ down znto the slope. 3. The area variance is non substantial The application of the balancing eesE weighs in favor of the grant Df the variance. The garage will be one and ~ story, see back 40 feet from the nurn around, designed eo look like an old barn, and s~yled after the Southold Historical Society carriage house. Without the requested variances, the house is intended to be sen back into the property and the garage would need no be placed either on the wesnerty side impacting the neighbor on Sound View Avenue or on the east side impactmng the nezghbor on Jennings Read. In addition, due to the slopes and obstruction on the property if the garage is placed in the rear yard the driveway will have to loop around inEerfering with the use of the yard, and may creame a ~azardous condition to the Romeo's young children. 4. The variance will have no adverse effect or impac5 on the physical or environmental conditions ~n the nemghborhood or district The garage ~n the front yard will have fewer ~mpacts because it will require less paving for access, and the back of the properEy which is beautifully prmstine and wooded may remain undisturbed. 5. The alleged difficulty was not self-created. The variances are sought to protect and integrity of the property and neighborhood. preserve the 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant, The variance is an effort to develop the property in such a way as to preserve the beauty of the property and his neighbor's vistas. We respectfully request that the appeal together with any further relief that necessary and reasonable. be granted, is deemed TO Romeo Bui/ders POBox 1111 Southold NY 11971 FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; July 28, 2000 Please take notice that your application dated July 27, 200 For permit for one family dwelling with accesso _fy garage Location of property 817 Jermings Road Southold County TaxlMap No. I000 - Section 54 Block 6 Subdivision Filed Map # Lot 18 Lot # Is returned herewith and disapproved on the following grounds proposed construction not permitted pursuant to Article III Section 100-33 which states; In the Agricultural-Conservation District and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located'in the required rear yard~ Proposed accessory garage located within front yard area. / Authorized'~ignamre TOWN OF SOUTHOLD PROPERTY RECORD CARD -~ ~ ...... ._._~ ....... ~ .......... , ....... ~=~ - ......... ~ ....... ACR. ~ RE ARK . , ~ , ~ ] ' ?Y~ ~ ~' I. / ' ~ ...... PROP. c~sS / I ' ' ( ' DATE IMP. t'.Z U LAND TOTAL RO. A E o, WATER1 DEPTH [ BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL .3. ]0~ ,",,!APO'F P~OPE2T'Y' tdATldl '- '" .... ~T T,D~v'N OF $OUTHO~ ~ SCAL~-50:, F PIPE RODERICK VAN -FUYL ~.C. SUF:~OLK CO. HEALTH DEFT. APPROVAL H, S. NO. SUFFOLK CO, TAX MAP D~-$1'~NATION: OIST, SECT. BLOCK PCL. rooo 54 6 ~8 ~AV~ LLY