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Home My WebLink AboutROMAGNOLI, ELAINEAPPEAI~ BOARD MEMBEt~ Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizic, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 8, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197I Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Elaine Romagnoli 1230 - First Street New Suffolk, NY 11956 Re: Appl. No. 4135 - Variances for Deck Dear Ms. Romagnoli: We tried to reach you by telephone, but was not successful. Enclosed is a copy of the findings and determination rendered by the Board at our December 3, 1992 Regular Meeting which denied the application in its entirety, applied. as You may want to discuss other plans for an in-ground patio with the building inspector and your engineer or builder. In the event you decide to apply for different variance relief, a new application procedure must be followed. Pleasedo not hesitate to call us'if you have questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure cc: Mr. John H. Geideman, L.S. Mr. Victor Lessard, Prin. Bldg. Inspector Mr. John Bredemeyer, President, Southold Town Trustees APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARI)OFAPPEALS TOWN OFSOUTHOLD ~CTION OF THE BOkRD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Soul:hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4135: Upon Application of ELAINE ROMAGNOLI. Variance to the Zoning Ordinance, Article: (a) III, Section 100-32 concerning construction of deck in the rear yard with excessive lot coverage, (b) XXIIt, Section 100-239.4B for construction of deck in the rear yard with a setback at less than the required 75. feet from bulkhead. Location of Property: 1230 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-07-29. This parcel is substandard in size and is situated in the M-I Zone District. WHEREAS, a public hearing was held on December 3, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks variances under Article XXIII, Section 100-239.4B due to lack of sufficient setbacks and Article III, Section 100-32 as disapproved by the Building Inspector (Article XI, Section 100-112) for approval of a 32 ft. by 28 ft, open deck with excessive lot coverage and which was recently constructed without agency permits or approvals. The open wooden deck is sketched on a copy of a survey prepared by J. Ho Geideman, L.S. dated September 15, 1992, and shows an existing one-story frame dwelling, set back three feet from the westerly (front) property line along First Street, and situated along the northerly (front) property line with Orchard Street. A wooden bulkhead exists along the easterly line adjoining Great Peconic Bay, and within the southerly yard area near thesoutherly property line. The deck has variable heights above ground level due to the contours of the property, ranging Page 2 ZBA Appl. No. 4135 Matter of ELAINE ROMAGNOLI Decision Rendered December 3, 1992 from 4 inches to 20+- inches above grade. A.detailed construc- tion diagram has been submitted for the deck, as built. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 7, Lot 29, contains a total lot area of approximately 3,000 sq. ft. (50.0 feet along First Street and 60.0 feet along the foot of Orchard Street). 3. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead or similar structure. 4. It is the position of the board that the amount of relief requested is substantial, increasing the present lot coverage nonconformity to a total 51 percent of the standard, including the existing dwelling. The lot size is shown to be 3,000 sq. ft., and the percentage of lot coverage is requested at 51%. The nonconformity of the preexisting principal building is shown to be 21%. The deck alone would be approximately 30%. 5. Also, the Board finds: (a) the relief requested is not the minimum necessary to afford relief, and there are alternatives available for appellant to pursue, with greater set backs and less variances from the standards applied; (b) the relief as.requested is not consistent with the essential character of the neighborhood or the intent of zoning; (c) the premises is recognized as a preexisting, nonconforming lot which lends to some of the difficulties for new building areas, however the presence of a deck built without permits is not in accordance with the standards set for granting variances to the extent requested in this application; (d) the difficulties claimed are not entirely uniquely related to the property; (e) the variance would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and the intent of its zoning laws; Page 3 ZBA Appl.. No. 4135 Matter of ELAINE ROMAGNOLt Decision Rendered December 3, 1992 (f) in view of all the above, the.interests of justice will be served by denying the substantial relief requested by this application. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, the relief requested under Appeal No. 4135 in the Matter of ELAINE ROMAGNOLI be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk GERAt~D P. GOERRINGER, CHAIRMAN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY ~IADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S NAME: MAILING ADDRESS: /?~52 /~O ~' //~ '- AGENT ADDRESS: PERMIT REQUESTED TO: DATE TEL. NO. 75~k ~ LOCATION OF PROPERTY FOR REQUESTED PERMIT: - h~ ~-&l~ - HAMLET =~ ~p ~o: ~ooo- //~- ~ 7~ ~ CREEK, BAY OR HARBOR FRONTING PROPERTY: TEL NO. ~/O SIZE OF PROPOSED WORK: LENGTH: WIDTH: ~pp. Page 2. YDS. TO BE EXCAVATED: ~-~O/~ YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: ~/~- ~3~. · / DEPTH AT LOW TIDE: AVER. RISE IN TIDE~ 9;-~ DISTANCE TO NEAREST CHANNEL: ~C~z> ~ DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: AREA ZONING: ~ IS PROJECT FOR PRIVATE OR BUS. USE: INTENDED USE OF PROPERTY: ~ ~-F.~ ~ ~.~-c~ DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: ~ HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: ~ DESCRIBE FULLY THE REHABILITATION OF PROPERTY: DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: ~-3~z/~-~.~ y~~ J ~ WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: 1 TRUSTEES - - Jolm'M. Bredemeyer, II!, Pres/dent Albe~ti~. Kxapsld, Jr., Vice President ,'~i Henry R Smith John B. Tuthill William G. Albertso~ Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179: Southold, New York 11971 NEGATI~ DECLARATION ~(~TICE OF NO SIGNIFICANT EFFECT ON THE EAVgIRO~ APPLICATION NO. 1000-117-7-29 Chapt~ NAME: Elaine Ramagnoli Chapt. DATE: October 28, 1992 97 Wetland 37 Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law~ State EnviroD~ental Quality Review and 6NYCRR Part 617~ Section 617.10 and Chapter 44 of the Code of the Town of Southotd, notice is hereby given that the Southo!d Town Trustees~ as Lead Agency for the action described below, has determined that the project will not bare a significant effect on the enviromment~ Please take further notice that this declaration should not be considered a determination ma~e for any other department or agency which may also have an application pending for the same or similar project. A planting survey shall be submitted prior to final approval, if applicable. TYPE OF ACTION: Type I DESCRIPTION OP ACTION: To construct open deck ~o permit° 28' X 32~ (now.existing). Constructed prior LOCATION:SCU.~ %!000-117-7-29 REASONS SUPPORTING THIS DETEP~iNATION: t~ Ah on site inspection has been conducted by the Board of Trustees~ 2. An environmental assessment~ sut~nitted by the applicant and reviewed and completed by the Board of Trustees~ has indicated that no significant adverse effects uo the enviro:~ent are likely to occur should the project be implemented as planned. CC. John Geideman Building Dept. Zonong Board