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HomeMy WebLinkAbout4060 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4060: Application for ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article III, Section 100-30A.3 and Article XXIV, Section 100-244, for permission to construct open deck addition (to existing dwelling) with an insufficient front yard setback. The lot area is nonconforming in this R-40 Low-Density Residential Zone District. Location of Property: 1275 Fanning Road (also referred to as Fisher Road or Charlie's Lane), New Suffolk, NY; County Tax Map District 1000, Section 117, Block 4, Lot 30. WHEREAS, a public hearing was held on October 24, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate at the intersection of the north side of Fanning Road and the west side of New Suffolk Road (C.R. 26), and contains the following nonconformities: lot area at 10,600+- sq. ft. lot depth at 75 feet; (b) is improved with a one-story, single-family dwelling structure set back 35.8 feet from the front property line along Fanning Road and 50.2 feet from the front property line along New Suffolk Road. A Certificate of Occupancy was issued for the same on October 26, 1976 as per Building Permit No. 8826. Page 2 - Appl. No. 4060 .Matter of ANTHONY C. MEISEL Decision Rendered October 24, 1991 (c) is located in the R-40 Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: (1) lot depth 100 ft. (2) front yard setback 35 feet; (3) minimum side yard at 10 feet; (4) rear yard at not less than 35 feet {as established in the northerly yard area}, and (5) lot width at 80 feet. 2. By this application, appellant has proposed a 12' deep by 20' wide one-story deck addition, with lattice sides, which protrudes approximately 9.8 feet from the westerly front portion of the dwelling structure at its closest point, leaving a setback at 26 feet (rather than 35 provided in the relief schedule, Section 100-244B). 3. The amount of relief requested by this application is that area less than 35 feet from the front property line, to wit, that portion 9.8 feet forward of the house. 4. In considering this application, the Board also finds: (a) that the variance is not adversely affecting the essential character of the neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is for an open deck (with lattice sides, but not permanently enclosed or roofed), which is not major and will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting alternative, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the variance requested under Appl. No. 4060 (Anthony Meisel) for a reduction of the existing 35.8 ft. setback by 9.8 feet in the front yard, to the requested 26 feet to the westerly front property line, SUBJECT TO THE FOLLOWING CONDITIONS: · Page 3 - Appl. No. 4060 Matter of ANTHONY C. MEISEL Decision Rendered October 24, 1991 l. That the deck addition shall remain open and unroofed, as shown by this application, (except that lattice sides and hand rails will be permitted to remain); and 2. That there shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or structural change or placement of a roof; 3. That there be no modification or change to the subject deck without reapplication to the Board of Appeals for consideration; 4. That the lattice deck shall not be closer than 26 feet to the front property line along Fanning Road (as applied). VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen, of Fishers Island, was absent.) This resolution was duly adopted. /..,/'-' GERARD P. GOEH~INGER,~AIRMAN / RECEIVED AND FILED BY TIiE ~3OUT!!OLD TOWN Town Clerk, Town of ~utho!~