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HomeMy WebLinkAbout6099 d 65i,� E/may�v-,�,e<�i7Tff lap /a v� )Imloa) APPEALS BOARD Yi-MBERS OF $O(/r Mailing Address: James Dinizio, Jr. Southold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer, Chairman Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon �l �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman AA UM 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED q-- TOWN OF SOUTHOLD ` g :S 3 Tel. (631)765-1809•Fax(631)765-9064 JAN 2 8 2008 FINDINGS, DELIBERATIONS AND DETERMINATIO� �, MEETING OF JANUARY 10, 2008 ZB File# 6099 - HEINZ and BRIGITTA ROSIN Property Location: 5610 Peconic Bay Boulevard, Laurel CTM 128-2-10 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 3, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicants' 21,533 square foot lot is located in the R40 Low-Density Residential District with 91.25 feet along Peconic Bay Boulevard and is improved with a two-story house with an upper and lower deck, an accessory shed and one-story accessory garage, as shown on a 10-20-2006 survey, revised 01-22-2007 by John C. Ehlers. BASIS OF APPLICATION: Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as-built addition(s) and alterations to the existing single-family dwelling with a single side yard setback at less than 15 feet and rear yard at less than 50 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, 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 applicant is requesting a variance for as-built deck on the south side of the dwelling, which deck is 10.7 feet from the easterly side property line and 16.7 feet from the rear yard lot line, at its closest points. The property contains a non 'Page 2—January 10, ZB File No. 6099—H. anu B.Rosin CTM No. 128-2-10 conforming lot area of 21,533 square feet in this R-40 Low-Density Residential Zone District. This deck construction is not permitted under Article XXIII, Section 280-124, for the reason that nonconforming lots measuring between 20,000 and 39,999 square feet require a single minimum side yard setback distance at 15 feet and minimum rear yard setback distance of 50 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the homes along Peconic Bay Boulevard are built in a similar fashion, and adjacent to this property is a long, private right-of-way with at least one home built along it. These properties have garages on the north end of the properties so as to afford views of the water from the homes, and which leaves the homeowners with a smaller rear yard in which to build any structure. There is only 49.2 feet and the rear yard lot line between the rear of the applicant's house (without the deck). The existing.side yard measured from the house is 27.2 feet to the west lot line and.only five (5), feet to the east lot line, which makes it difficult to meet the required setback on a single yard setback of 15 feet, and the small rear yard does not allow for the code-required minimum rear yard setback at 50 feet. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The remaining yard is front yard in which an 18.4 ft. by 36.4 ft. garage exists to the north of the house, which places the preferred location for a deck at the southern side of the house, which portion of the lot leaves a small area in which to build a deck for outdoor enjoyment 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial, considering the placement of the existing structures. The lot is heavily landscaped and is almost invisible from nearby properties. 4. Town Law §267-b(3)(b)(5). The difficulty is not self created and is based on the small area left for a rear yard and side yard. 5. Town Law §267-b(3)(b)(44). 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 lot is heavily vegetated and the deck will not be an eyesore to the neighbors. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Oliva, seconded by Member Weisman, and duly carried, to " Page 3—January 10, ZB File No. 6099—H. B.Rosin CTM No. 128-2-10 Grant the variance as applied for, as shown on the 10-20-2006 survey revised 01-22-2007 by John C. Ehlers, and July 26, 2007 Diagram Sheets 1 (Perspective View Sheet), 2 (First Floor) and Sheet 3, all prepared by Joseph Fischetti, P.E., subject to the following Condition: The deck shall remain open to the sky. The above condition shall be written into the Building Inspector's Certificate of Occupancy, when issued. 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 expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformit Vote of the Board: Ayes: Members Goehringe hairman), a, Din zio, Si,., n and Weisman. This Resolution was duly adopted (5-0). GE D P. GOEHRINGE , CHAI roved for Filing 01/ /2008 k�� 4 ��q FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September_21, 2007 TO: Heinz &Brigitta Rosin PO Box 518 Laurel,NY 11948 y Q C 1 17 Z007 Please take notice that your application dated July 31, 2007 For permit for as built additions and alterations to an existing single family dwelling at Location of property 5610 Peconic Bay Blvd, Laurel,NY County Tax Map No. 1000 - Section 128 Block 2 Lot 10 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this non-conforming 21,533 square foot lot in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that nonconforming_lots measuring between 20,000 and 39,999 square feet in total size,require a minimum single_side yard setback of 15 feet, a rear yard setback of 50 feet. The "as built"cons 'on resulted in a single side yard setback of 10.7 feet and a rear yard setback of 16. eet. Damon Rallis, Pe CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. 5URYEY OF PROPERTY SITUATE: LAUREL N TOWN: 5OUTHOLD 5UFFOLK COUNTY, NY SURVEYED 10-20-200(o REVISED 0I-22-2001 SUFFOLK COUNTY TAX # �� S 1000-129-2-10 C RTEFM TO: O Brigitte G Rosin qo��''' \� �® O O OAT � 2007 off, C4 � �. J � goof 4 \ \Ooo FAD 5 \O 3 \sue\ \o o, _ \ � \ O• CAE 10 k. o, is 1100 o o � � � o GO Q s � o 7�-X% � G GON�. v\0 \ N 0 O\ 2 WO°l ul \9 -A O \ 0.(0 t N' %MM \ O O N \ \ VoN �\00 ✓ , \000- x v, OP Of Of f 4 y \ \ \O Y,\ >- , p. ` __.__.....-- I \ \ u�trorlxee alteration or aeerzwn to a sway 1 mqo ceor�a naereee lab swayer§seol n o wimi r seaewi York State Fd.caHon '0my-pb rrom the-19-1 of W,sway sta maree nrtn on or or thew swveyx§ gee seal soon —m ca,sweree to to vane NOTES: we \ \ eopies' 'ceruriwuore wvacee nareon sg^iry unc ton Htty�oee o1�i}n�,ev�ia-� mopiee MONUMENT FOUND tyke A�satLta�aa;ays,m;e �II to the person For Man the sway n preporee. ote m hk Uehoil to the tRle eorrpoy, sal agercy me leaning unntunon loses�reon one to tna assv�aes or tb IardHg ennrYnon.eerevvn- AREA = 21,533 SF or 0.4943 Acres ties ore rot�srermia�aeeitbrgl Inetituhore NOTE A: 10 FOOT R.O.W. SHOWN AS PER DEED JOHN C. EHLERS LAND SURVEYOR L.5922 G.P. 60 AND L.4596 G.P. 70 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIG 5GALE 1"= 50' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\06\06-253.pro aoawrr >se } . Z Q W o w > D aca z a ~ m H OQ O t 111 O Lai CL a1 Z H O RE z ECEII/ .2 E® m J X 9 a oo� OCT 1 9 2007 IL CD �M 0 a. co �wco z u_ ONING p �7�e- W O p OF C„SO ,� a F NEFY DRAWN BY:]F/MH July 26,2007 to `," SCALE:N.T.S. y 052°� 'r SHEET NO: ,o �' PERSPECTIVE VIEW s S ; - z J w J. aL J LU > f� z a Im, H X Z V ' ' W • +rouwaaomc n' to mecrii'n ' 01�� T . Ih FXISTSNG HOUSE I"E,�U � O Ln +� Cn soL2X6rE PTo ro sLOE-o (, •� G X. LALAGSGS 6 C '°g2"OG H 4'-2• I 4,-V 4'-9' 4'-1" 41 I I 4'-9• 4'-V i UPPER DECK - *: F" _ �/� L� a¢cvcn+u o jiOD Ui 4,-2" 4'-2' 'w � C7 Z� I01 - E x -i ' / [LD O.00DOcr X 9 2007 m V. cn LOWER DECK i�l,,a dC ,4Prt.R' 0 vo.s:f9 n IST. FLOOR PLAN FOUNDATION PLAN ' SCALE: 1/8"= SCALE: 1/8"= 1'-0' 1'-0' NE DRAWN BY:JF/MH July 26,2007 (� a SCALEA/8"=1'-0" 052 �� SHEET NO: OFESS10f' I 1 } Z J W m i - D J LU > m l >- z m �j u H X z 11.E O � u _ W O_ Q- C, EXISTING `� - PLANTER BENCH PLANTER o UPPER DECK 1 . 5/4X DECKING 2X6 PT DJ @ 16" OC 2 2X6 PT GIRDER DECK L ON GRADE 5/4X6 DECKING 10" DIA. WOOD a= 2 2X6 PT GIRDER PILE (TYP.) z >- . G A QA Q� C7 (DzLo p o e p EBOARD W ❑ c 1Ju;m=� Zoc12"X12" � z_ CONC. M �U. in '� 14 PIER .a Ed' O Qa of Q Scy r° SECTION A-A `� y DRAWN BY:]F/MH ' July 26,2007 SCALE. 1/2" = 11_Ofl y �� SCALE:1/2"=1'0" �ESSto��� SHEET NO: APPLICATI1, �FO'__�SOUTHOLD TOWN BOAR*AI',,_ _ BLS For Office Use Only P _ Fee:$ By: Date Assigned/Assignment No. Office Notes: 05 to o ID ! OrC I 1 7 2007 13. Hamlet �(,�;(, M J House No.L�l 0 Street PeC©i'11 G IaCI,U I�J��(� . SCTM 1000 Sectionj,�? Block o2 Lot(s) 1 o Lot Size r.q 9 Zone I (WE)APPEAL THE WRITTEN DETERMINATION OF TIq,BUILDING INSPECTOR DATED 0 BASED ON MAP DATED i l m 0-7 Applicants)/Owner(s): He-0-2- �0 s I o i and 0 rf 6 I AL k 0g f n MailingAddress: PC). en)x 517 Wt r . I4U J I C4 Telephone: aqq,• 5023 Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: 0 fi_ J (khaf)7 t SS for()() Owner, or ( )Other: Agent's Address: P d. 96Y 04 Telephone 4 Fax#: � - ��p�. Email:(t)(,)_h I Q.UI (' 20/. corn Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s), or OAuthorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING IN PECTOR REVIEWED MAP DATED 112,2107and DENIED AN APPLICATION DATED 3 I b FOR: 'Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance b umbers. Do not quote the code.) Article Section 280-,1 QD — Subsection Type of Appeal. An Appeal is made for: :®'A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has,`? has not been made at any time with respect to this property,UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Heinz and Brigitta Rosin ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature) AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Undesirable change: a)as to the upper deck, it has been in existence for about 20 years with no complaint; b)as to the lower deck, it is only a few inches above grade and has been in existence for about 10 years without complaint, c)as to both decks,they are heavily screened from neighboring properties with landscaping d)the decks are much further from the east line than the pre-existing house,and e)the neighbor to the South(rear)has a garage facing the deck; his residence is on the other side of the garage and is not exposed to the decks. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than variance,because: The pre-existing house is close to the rear of the property so any deck would infringe upon the rear yard setback. (3) The amount of relief requested in not substantial because: The reduced sideyard requested of 10.7 feet is significantly less than the sideyard for the house itself,5 feet. The reduced rear yard setback is mitigated by extensive plantings and the fact that it is very low to the ground. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: of the screening and low height of the structures. (5) Has the alleged difficulty been self-created? ( )Yes( )NO. Yes,to the extent it is as built. No,to the extent that the small rear yard and narrow lot width prevent construction which complies with Code. This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check the box( )IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sig t e of Appellant or Authorized Agent (Adefit must submit written Authorization form Owner) Sworn to b re me this Day of 15 007 n Notar is DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18, 2-el 0 LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON MELVIL E, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com — ":' Q�I LEFAX NO.631-249-9484 T October 17, 2007 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Heinz& Brigitta Rosin 5610 Peconic Bay Boulevard,Laurel,New York SCTM# 1000-128-2-10 Ladies and Gentlemen: We enclose an application fee of$400.00, together with the following papers, in seven sets, in connection with the Notice of Disapproval: 1. Copy of Notice of Disapproval dated September 21, 2007; 2. Application to Southold Town Board of Appeals with consent from owner; 3. Questionnaire for Filing ZBA Application; 4. Transactional Disclosure Form; 5. Project Description and photos; 6. Short Environmental Assessment Form; 7. Copy of the tax map and Assessors Card; 8. Copy of Deed to the premises; 9. LWPP Consistency Assessment Form; 10. Survey of property; 11. Plans for deck. Very t yours, K4 Abigail A. Wickham AAW/al End Zba/ltrvarappros 1 COUNTY OF SUFFOLK ��. DEC 1 0 2007 STEVE LEVY pF �PPr�LS SUFFOLK COUNTY EXECUTIVE ZpN1Np 10PAp DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 3, 2007 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be amatter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Rosin 6099 Romanelli 6100 Dawson 6101 Brewers Yacht Yard 6102 Southold Park District 6105 Marron 6110 Very truly yours, Thomas Isles,AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER(631)853-4044 i x / � PL G�TION CHE« t t y J e or need thefifoIlowing, before pp set! --ldmg Plans �� �� r ?rtk47 P31ai1mng Baard approval „:; u .z , �Sruey A t P VFW, d r A Septic Form a, <. __r N.Y.S.D.E.0 Examined .220 Coitact.• Approved ,20 . Mail to: Disapproved a/c Phone: cZ�l Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT ....... ;, Date V 520 INSTRUCTIONS a Thy`' a ltcatoi U T.>e co letel filled in b ewnter.,o m ank and submitted to,the uildin Inspector with 4 l.a p1 Y Y _ 1 $ " g p ets. 1 s, plot plan scale.Fee according to schedule. ion of lot an , .buildings on premises,relationship to', pining premises.or public streets.or ag-a waterways. c. The work covered by this application may not be-qommenFed before issuance of Building Permit. d. Upon approval'of this application,the Building InspectoKill 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 � Ii,r,opq ,,gv bee�nienacted in the interim,tW�)auilding,In[pOctor may authorize, in;w ti tithe extension of the permit for an ,d a ,m q . , - ,. r, :fir APPLICATION IS HEREBY MADE to the Building Department for the issuance gf,-ja B rtig permit pursuant to the Building Zone Ordinance of the Town of Southold, 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. w (Signature of applicant or name,if a corporation) (Mailing.address of applican� ft) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name.of owner of premises 4-4 `% (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer 71 G :11 (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land o which prop ed work will one. House Number Street Hamlet County Tax Map No. 1-000 Section `Z. Block' a2•. Lot \ Subdivision Filed Map..No. Lot (Name) 4 - � r State existing use and occupan.,;,.jpremises and intended iwse and oc cy of proposed construction: a. Existing use and occupancy 'k es%a yy%c Q b. Intended use and occupancy c.L 4 Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work @Gl4. (Description) Estimated Cost #7S_ S ot) mn Fee 40 b.y-y/Vb (To be paid on filing this application) If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Oimensions.of same structure with alterations or additions: Front Rear Depth Height . Number of Stories tD mensions of entire.;ne*construction: Front Rear Depth Height Number of.Stories Size of lot: Front R 1 .2J Rear -:A 5 Depth Date of Purchase J Name of Former Owner -T%3y %.qy Zone or use district in which premises are situated "' Does proposed construction violate any zoning law, ordinance or regulation? YES NO Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO—y— Names of Owner.of.prernises . ►65't h Address11 01M,S` Phone No. ��+$ Name of Architect' aCeplrt �SCIna %:?E AddressRe_ (o140.. CtC1��3Phone No S. 2. Name of Contractor— Address Phone No. a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO 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. Provide survey, to scale, with accurate foundation plan and distances to property lines.V/ 'If elevation at any pomt on property is"at f 0 feet or below, must provide topographical data on survey. Are there any covenants and restrictions with•respect to this property? * YES NO-C_ IF YES,PROVIDE A COPY. r ,- ATE OF NEW YORK) S'S: 'UNTY OF SJk�. ,) >" 1 ; `q; C• 09L beingduly sworn; deposes and.-says that(s)he is the applicant (Nain% if individual signing contract) above named, He is the (Contractor; Agent, Corporate Officer, etc.) ;aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; all statements contained in this application are true to the best of his knowledge and belief; and that the work will be formed in the manner set forth in the application filed therewith. orn to before me this 3 day of 4. 20.�: {.' _x' g'_,, . .. ." a i J ,> Not'ar�,Public. f Signature of Applicant THOMAS,J.UHLWGER l Notary P n,S1pID at-Now York 4733080 Qualified ln'auft k dourft Commleslon Explres Feb.28; /b