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HomeMy WebLinkAbout43406-Z 419, Town of Southold 5/24/2019 0 P.O.Box 1179 o 53095 Main Rd y�jol �ao� Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40414 Date: 5/24/2019 THIS CERTIFIES that the building AS BUILT DECK Location of Property: 2125 Pine Tree Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 98.-1-13 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/14/2019 pursuant to which Building Permit No. 43406 dated 1/18/2019 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "AS BUILT"DECK ADDITION TO AN EXISTING ONE FAMILY PER ZBA DECISION#7228,DATED 12-20-2018, AS APPLIED FOR The certificate is issued to Hans,Richard&Siobhan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED ed Signature 4�g� o��ca TOWN OF SOUTHOLD �a Gy BUILDING DEPARTMENT TOWN CLERK'S OFFICE o • SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43406 Date: 1/18/2019 Permission is hereby granted to: Hans, Richard 60 Knollwood Dr Larchmont, NY 10538 To: legalize "as built" deck addition to existing single-family dwelling as applied for per ZBA & Trustee approvals. At premises located at: 2125 Pine Tree Rd, Cutchogue SCTM # 473889 Sec/Block/Lot# 98.-1-13 Pursuant to application dated 1/14/2019 and approved by the Building Inspector. To expire on 7/19/2020. Fees: AS BUILT - SINGLE FAMILY ADDITION/ALTERATION $805.60 CO -ADDITION TO DWELLING $50.00 Total: $855.60 Iding Inspector Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings,property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1%lead. 5. Commercial building,industrial building,multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957)non-conforming uses,or buildings and "pre-existing"land uses: 1. Accurate survey of property showing all property lines, streets,building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant.If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00, Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy-$.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential$15.00, Commercial $15.00 Date. New Construction: Old or Pre-existing Building: I/ (check one) Location of Property: ;; /�5� ��rt t---_� House No. Street m/ Haet Owner or Owners of Property: ; �aau_ A !��' 4 �I b L l�i.6em Suffolk County Tax Map No 1000, Section �y Block Lot l Subdivision All- Filed Map. /✓ A- Lot: Permit No. b 0 Date of Permit. Applicant: Health Dept. Approval: /✓ Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Final Certificate: (check one) Fee Submitted: $ �Gjz� e, Applicant Signature pF so # TOWN OF SOUTHOLD BUILDING DEPT. `ycou765-1602 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] SULATION [ ] FRAMING /STRAPPING [ FINAL-t [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL'(ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] CAULKING REMARKS: tCoNMI� l A COO tr �o�Q.- f kitlew , auw ;4 � : DA b1lo/ S Awl^ DATE Y INSPECTOR (' LE ,NS ;JG I LN E E iR GI I CG August 1, 2018 2125 Pine Tree Road Building Inspector Town of Southold Main Road Southold, NY 11971 Dear Sir, I have inspected the footings rear deck foundations. I certify to the best of my knowledge the deck footings were constructed in accordance with New York State Building Codes. HE01 LFl�� ssl BOARD CERTIFIED IN STRUCTURAL ENGINEERING J 0 S E P H(_a FISCHETTI.COM FISCHETTIENS INEERINS.00M 63 1 -765-2954 1 725 H O B A R T ROAD 9 O U T H O L D , N E w YORK 1 1 97 1 FIELD INSPECTION REPORT DAT�EQ COMMENTS FOUNDATION (1ST) y Qil� 't 'FOUNDATION (2ND) v� \Jj 0 ROUGH FRAMING& l PLUMBING tb y INSULATION PER N.Y: y STATE ENERGY CODE e vi lov-m 01A/ FINAL ADDITIONAL COMMENTS ao � z d TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,N.Y. 11971 4 sets of Building Plans TEL.: (631)765-1802 Planning Board approval FAX: (631)765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined A] Contact: Approved ,2 1.bl� Mail to:SUFFOLK ENVIRONMENTAL Disapproved a/c P.O.Box 2003:Brid¢ehamuton,NY 11932 ' Expiration Phone: (631)537—5160 � !' DD Uuilding Inspector) A N 14 2019 APPLICATION FOR BUILDINRP � TOWN OF SOWOLD December 28,2018 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterway. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will 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 property have been enacted in the interim,the Building Inspector may authorize,in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building 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 inspect' fl (Signature of applicant, or name, if a corporation) Suffolk Environmental Consulting,Inc. P.O.Box 2003; Bridgehamuton,NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder AGENT Name of owner of premises Richard and Siobhan Hans (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done 2125 Pine Tree Road Cutchogue House Number Street Hamlet } County Tax Map No. 1000 Section 98 %-Block 01 Lot 13 Subdivision Map of Nassau Farms -- '__ -',f'FiledMap'No. 1179 Lot 19 (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a.Existing use and occupancy Residence with attached deck b. Intended use and occupancy Residence with attached deck 3. Nature of work(check which applicable): New Building Addition X Alteration Repair Removal Demolition Other Work deck (Description) 4.Estimated Cost $3,000± Fee (To be paid on filing this application) 5.If dwelling,number of dwelling units 1 Number of dwelling units on each floor N/A If garage;number of cars N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use N/A 7. Dimensions of existing structures, if any: Front 47.5 Rear 24.5 Depth 50(incl. deck) Height < 35 —Nutn Rer of Stores e'—1 1 Dimensions of same st ct re with alterations or additio s: Front 47.5 Rear Depth 50(incl.de&'11�-1 Heiglit1 4, <35 Number of Stories 1 8.Dimensions of entire new construction: Front N/A Rear Depth Height Number;of Stories 9. Size of lot: Front 76.00'- `- Rear 108.81' Depth 346.66' 10. Date of Purchase 12/20/17 Name of Former Owner Esther Matelli Revocable Trust 11.Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation: YES X NO 13.Will lot be re-graded YES NO X Will excess fill be removed from premises: YES NO X 60 Knollwood Drive 14.Name of Owner of premises Mr. and Mrs. Hans Address Larchmont,NY 10538 Phone No. (914)450-4337 Name of Architect Nig_el Williamson Address POB 1758,Southold,NY 11971 Phone No. (631)834-9740 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X 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 X NO * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK Bruce A.Anderson being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. (S)He is the Agent-Suffolk Environmental Consulting,Inc. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of this knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ay of �{' � 2018 Notary Publi Signature of Applicant CRAIG,GIBSON Notary Public, State of New York No. 02G14830462, Suffolk Countv Term Expires March 30, ab(� TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,N.Y. 11971 4 sets of Building Plans TEL.: (631)765-1802 Planning Board approval FAX: (631)765- 9502 Survey www.northfork.net/Southold/ PERMIT NO.' Check Septic Form N.Y.S.D.E.C. Trustees Examined Ld 0 Contact: pproved 06 Mail to:SUFFOLK ENVIRONMENTAL isapproved P.O.Box 2003;Bridgehampton,NY 11932 Phone: (631)537—5160 a ' 0D LPk6U='U VLS • PPROAPR 1 3 201 g I spector) � APPLICATION FOR BUILDING PERMIT BUILDING DEPT. TOWN OF SOUTHOLD INSTRUCTIONS Date Apri112,2018 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterway. c.The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will 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 property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building 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. (Signature of applicant, or name, if a corporation) Suffolk Environmental Consulting,Inc. P.O.Box 2003; Bridgehampton,NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder AGENT Name of owner of premises Richard and Siobhan Hans (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done 2125 Pine Tree Road Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 98 Block 01 Lot 13 Subdivision Map of Nassau Farms Filed Map No. 1179 Lot 19 (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a.Existing use and occupancy Residence with attached deck b. Intended use and occupancy Residence with attached deck 3.Nature of work(check which applicable): New Building Addition X Alteration Repair Removal Demolition Other Work deck (Description) 4.Estimated Cost $3,000± Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor N/A If garage, number of cars N/A 6.If business,commercial or mixed occupancy, specify nature and extent of each type of use N/A 7.Dimensions of existing structures,if any: Front 47.5 Rear 24.5 Depth 50(incl. deck) Height < 35 Number of Stories 1 fRWDimensions of same structure with alterations or additions: Front 47.5 Rear ° Depth 50(incl.deck) Height <35 Number of Stories 1 IU8.Dimensions of entire new construction: Front N/A Rear Depth a f fl % ° q A L Height Number of Stories 9. Size of lot: Front 76.00' Rear 108.81' Depth 346.66' .., �'_ X UV� ill? 6'i�0frA 10. Date of Purchase 12/20/17 Name of Former Owner Esther Matelli Revocable Trust 11.Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation: YES X NO 13.Will lot be re-graded YES NO X Will excess fill be removed from premises: YES NO X 60 Knollwood Drive 14.Name of Owner of premises Mr. and Mrs. Hans Address Larchmont,NY 10538 Phone No. (914)450-4337 Name of Architect Nigel Williamson Address POB 1758,Southold,NY 11971 Phone No. (631)834-9740 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X 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 X NO *IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16.Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK Bruce A.Anderson being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. (S)He is the Agent- Suffolk Environmental Consulting,Inc. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of this knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to beffQneme this day o 2018 ' Notary Public Signature of Applicant Matthew D Ivans Notary f2tiNx of 1',:cav York No 01"'16053859 Qual!`ed in SufiolF, County Comm!ss!or E>,p!,Es ,lanuary 22, 20 1`t James F.King,President o�\\OF SU(/T�OI Town Hall Annex Bob Ghosio,Jr.,Vice-President ti p 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer G Q ,2 �O Telephone(631)765-1892 Michael J.Domino O Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 8323A Date of Receipt of Application: October 29, 2013 Applicant: Esther Matelli SCTM#: 99-143 Project Location: 2125 Pine Tree Road, Cutchogue Date of Resolutionllssuance: November 13, 2013 Date of Expiration: November 13, 2015 Reviewed by: Trustee Dave Bergen Project Description: To replace the decking and railings on the existing +1- 34'2"x11'9" deck; and to remove one tree located within the existing deck. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the project plan submitted by Esther Matelli, received on October 29, 2013, and stamped approved on November 13, 2013. Special Conditions: None Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth, in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. )X'w� o - James F. King, President Board of Trustees John M.Bredemeyer III,President �0�� r 0SUUjyolo Town Hall Annex Michael J.Domino,Vice-President 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee Charles J.Sanders,Trustee Telephone(631)765-1892 COwn Fax(631)765-6641 BOARD OF TOWN TRUSTEES - TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1054C Date: October 8,2014 THIS CERTIFIES that the replacement of the decking and railings on the existing ±34'2"x11'9"deck At 2125 Pine Tree Road, Cutchogue New York Suffolk County Tax Map#98-1-13 Conforms to the application for a Trustees Permit heretofore filed in this office Dated October 29,2013 pursuant to which Trustees Administrative Permit#8323A Dated November 13,2013,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of the decking and railings on the existing±34'2"x 11'9"deck. The certificate is issued to ESTHER MATELLI owner of the aforesaid property. Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 20, 2018 TO: Suffolk Environmental(Hans) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated April 13, 2018 For an as built deck addition to an existing single family dwelling at Location of property: 2125 Pine Tree Road, Cutchogue,NY County Tax Map No. 1000 - Section 98 Block 1 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 district is not permitted pursuant to Article XXIII Section 280-124 which states that on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. ------- ----------7�, ------ Authorized Signature Cc: File, ZBA FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 20, 2018 RENEWED: August 9, 2018 TO: Suffolk Environmental(Hans) PO Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated April 13, 2018 For an as built deck addition to an existing single family dwelling at Location of property: 2125 Pine Tree Road, Cutcho ire,NY County Tax Map No. 1000- Section 98 Block 1 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 district is not ermitted pursuant to Article XXIII Section 280-124 which states that on lots measuring less than 20,000 square feet in total size,the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard c of 14.4 e dtal s de yard setback of 30.7 feet. j---------------- ---------- Authorized Signa Cc: File, ZBA BOARD MEMBERS Southold Town Hall Leslij:;Kan s Weisman,Chairperson �O��O� Sf7UTyOl 53095 Main Road-P.O.Box 1179 p Southold,NY 11971=0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,yCo(ISouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 ��l 9' 8 R M DEC 2 4 2018 FINDINGS,DELIBERATIONS AND DETERIVIIIVATION S10MEETING OF DECEMBER 20,2018 So hold Town Clerk ZBA FILE: #7228 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2115 Pine Tree Road,(Adj.to Little Creek) Cutchogue SCTM#1000-98-1-13 SEORA 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 thru A14-25, and the Suffolk County Department of-Planning issued its reply dated September 14,2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records, it is the Coordinator's recommendation that the proposed faction is Exempt from LWRP review. PROPERTY FACTS/DESCRIPTION: The subject property is a 21, 653 square foot non-conforming parcel located in a R-40 Zoning District. Currently there is an existing single family one story residence with an attached deck. along with an existing and separate garage and a shed located in the front side yard. The northerly property measures 329.84 feet, the easterly property (Adj. to Little Creek) measures 108.81 feet, the southerly property measures 363.47 feet and the westerly property which runs along Pine Tree Road measures 76.00 feet.The existing garage measures 10.3 feet by 20.4 feet and the shed measures 12.2 feet by 10.00 feet as shown on the survey by John T. Metzger, LS, and last amended on December 5, 2018. Both the garage and the shed have Certificates of Occupancy issued in 1973. - BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application to legalize and "as built" deck addition attached to an existing single-family dwelling located at 2125 Pine Tree Road, Cutchogue, NY. SCTM#1000-98- 1-13. The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 Zoning District, is not permitted pursuant.to_Article.XXIII,_S_octioa_280-124, which states that on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. hge.2, DecN--nber 20,2018 #7223, Hans SUM No. 1000-98-1-13 RELIEF REQUESTED: The applicant requests a variance to legalize an existing"as built" 12 feet by 34 feet deck attached to the rear of the residence facing easterly on the property (Adj. to Little Creek). Article XXIH, Section 280-124 states that on lots measuring less than 20,000 square feet in total size the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The"as built"deck is noted as having a single side yard setback of 14.4 and a total side yard setback of 30.7 feet. According to the applicant's submission, the"as built"deck was constructed by the former owner. ADDITIONAL INFORMATION: There have been no written communications or testimony received by the Board objecting to this application. In October of 2014,the Southold Town Board of Trustees issued a Certificate of Compliance to the previous owner for the replacement of the decking and railings of the existing deck. Prior property owners have received two variances in the past for a front yard addition to the existing dwelling (#1362) and an accessory garage located in the front yard(#2993). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck has existed in its present size and layout for many years. Neighboring properties have decking attached to the rear of the homes that front Little Creek and properties in this community are similar in size. . 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. According to the applicant, the deck was built by a previous owner and the current owner is requesting that this Board legalize the"as built"improvement.. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not mathematically substantial, representing 4% relief from the code for the single side yard setback and 12%relief from the code for combined side yard setback. 4. Town Law §267-b(3)(b)(4). 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built" deck 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 267-13, motion was offered by Member Acampora, seconded by Member Dantes, and duly carried,to GRANT the variances as applied for and shown on the survey prepared by John T. Metzger. LS and last revised December 5,2018. 'P8&3, Deceiiiber 20, 2018 #7228 Hans SUM No. 1000-98-1-13 SUBJECT TO THE FOLLOWING CONDITIONS: "/1. The deck shall remain open to the sky. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals �. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within six months of this decision or a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 4. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained 5. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met, and failure to comply therewith will render this approval null and void. 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 nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Dantes (Vice Chair),Acampora,Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) qe. - Eric L. Dantes Vice Chair Approved for filing 1�-/ 9- 1 /2018 Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President HAND DELIVERED April 13,2018 Michael Verity,Chief Building Inspector Town of Southold P. 0. Box 1179 Southold, NY 11971 Re: Richard and Siobhan Hans 2125 Pine Tree Road —Cutchogue SCTM 1000-98-1-13 Dear Mr.Verity, Request is hereby made for a Notice of Disapproval that will authorize us to proceed with an application for zoning variance.The dimension of the total side yard for existing raised deck constructed by the former owner is less than the required 35 feet.Attached herewith please find the following: • Application for Building Permit; • Survey prepared by Peconic Surveyors, P.C.dated December 11,2017;and • Check made payable to the Town of Southold in the amount of$50. Kindly prepare requested updated Notice of Disapproval at your earliest opportunity.Thank you in advance for your anticipated cooperation. ours truly, Bruce Anderson AAR so cc: S. Hans LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY FILED N THE SUFFOLK COUNTY CLERK'S OFFICE ON AND CONSTRUC77ON OF SUBSURFACE SEWAGE AT CUTCHOGUE N DISPOSAL SYS7FMS FOR SINGLE FAMILY RESIDENCES MARCH 28, 1935 AS FILE NO. 1179 and will abide by the conditions set forth therein and on the TOWN OF SOUTHOLD permit to construct SUFFOLK COUNTY ; N. Y. Y H°"�� The location of wells, cesspools & public watershown hereon are 1000-98-01-13 = r from field observations and or from data obtained from others, SCALE.• 1=30' JANUARY 1Q 2012 (DWEwNG) OCTOBER 18, 2017 (CER77f7CA77ONS) LOCA"0N' UNKNOVM) DECEMBER 11, 2017 (SETBACKS) (�' at SEPnC SYs �w� `r or �1� CQA�L7WG.BY At + M'A QV Roti 329.84! x - a POIF `\ vow.X — ! PAYERS �! �� `� ` \�lF sl�• w g�50"E �x x OS+ RO \N 83b x� _` —— ,e ZONE X �' FE FE X X pr eg +7.8' 46 6 N` ONE STORY�f5%� ��— w —10 'cI � � it FRAME HOUSE +,O Q +100~g o % `� ` -- F.F. a.I'M a �� � ZONE \\ PAYERS eYELL .� ,,.r �� (E- 6�� \ 19 0 covQs ❑� � •`�a X � FR. GAR. - WAIL 363.47' 0.4s 60, FE?JCE 4 S85'O9050"W ' (DWELLING) LOT 18 INE ` Certified To: Richard Hans O �e .p Siobhan Hans Fidelity National Title Insurance Company d TEST HOLE DATA Citibank BY YcDONDMD GEOSCIENCE 1/5/12 EL &8' DARK BROWN LOAM OL ---- AREA=21,653 SO. FT. ��'"� BROWN SIM SAM SM TO TIE I ZINE , it Mwe 4' ELEVATIONS REFERENCED TO N.A.V.D. FLOOD ZONE FROM FIRM RATE MAP NUMBER PALE BROWN FINE SAND SP 36103CO164 H SEPTEMBER 25, 2009 EL 0.S WA,ER 8.3 O YIELL UC. ANY AL7ERA7ION OR ADDI7ION-TO THIS SURVEY IS A WLILA77ON t PECONIC SURVEYORS, P.C. WATER IN PALE BROWN FINE SAID SP CJ yJ OF SEC770M 7209 OF THE NEW YORK STATE EDUCA770M LAW. (631) 765-5020 FAX (631) 765-17: EXCEPT AS PER SEC77ON 7209—SUBDIV MON 2 ALL CER77RCAIIONS P.O. BOX 909 ■=MONUMENT HEREON ARE VAUD FOR THIS MAP AND COPIES 7HEREOF ONLY F 1230 TRAVELER STREET SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR 1210 ,r O I=WETLAND FLAG WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY N FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AND CONSTRUCTION OF SUBSURFACE SEWAGE MARCH 28, 1935 AS FILE NO. 1179 DISPOSAL SYSTEMS FOR SINGLE FAA41L Y RESIDENCES A T CUTCHOG UE and will abide by the conditions set forth therein and on the TOWN OF SOUTHOLD "OUSEpermit to construct. N. Y.COUNTY, ThSUFFOLK e location of wells, cesspools & public watershown hereon are 1���-98—�1-13 from field observations and or from data obtained from others. SCALE 1'=30' JANUARY 10, 2012 (DWE SYSTEM LOCATION UNKNOW�d) OCTOBER 18, 2017 (CER77FICA T7ONS) WEU- & SEP DECEMBER 11, 2017 (SETBACKS) ( �N�n%a S'j, nom - M wA�R . INS �E�y11FAL __ - _ � ROAD �� _ W p0 RED�pOD 84, ----------sem - = 0 - UTIUTY 329' " - `�� d _ _ o " POLE � �X� - X� PAVERS L���� �\ `� �S� . �' V" Ew '2 \n R v �GRAV4-ROAD \N83'09 50 E x—x '� C , BBQ b sOsy \ FE x - -x —x' r HOLE ZONE X �0 3 9'N x X a.9' w B�ocy&-'— \\ 7 s/� �`_ W� ---10 ONE STORY !g � `ZONE AE 088j, e's �ck `�A�. --\��� o`�`%� �` • � +10.8' FRAME HOUSE : 1 � \\ F.F. EL 11.0 � ti \ PAVERs ' 11.2. (EL 6) + ��.� ' .� � LOT 19 �0. CODER o; � )5,1 o� `� �. o FR. GAR. wAu 363.47 ` --- 'A 20.4 FE ro C�q� `�QQ `� i� --o WIRE FENCE c 1.4S 0.4S FE \ -- S85'09'50"W (D o.s'S LOT N8 J 1.6'E A \ �0 Certified To: Richard ' Hans J Siobhan Hans O TEST HOLE DATA Fidelity National Title Insurance Company BY MCDONDALD GEOSCIENCE Citibank 1/5/12 EL &a' DARK BROWN LOAM OL AREA=21,653 SQ. FT. BROWN SILTY SAND , TOM LINE 4a I. ELEVATIONS REFERENCED TO N.A.V.D. _ o FLOOD ZONE FROM FIRM RATE MAP NUMBER PALE BROWN FINE SAND SP 36103CO164 H SEPTEMBER 25, 2009 fEL 0.5' WATER 9 3' °WELL .� O. 49618 WATER IN PALE BROWN FINE SAND SP 2 ANY AL7FRA77ON OR ADDI77ON TO THIS SURVEY IS A VIOLATION 4 PECONIC SUR VEYORS;-P.=C.-- OF SEC77ON 7209 OF 774E NEW YORK STATE EDUCA77ON LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SEC7701V 7209—SUBDIVISION 2. ALL CER77RCA77ONS P.O. BOX 909 ■=MONUMENT HEREON ARE VAUD FOR 7HIS MAP AND COPIES THEREOF ONLY IF 1r O / =WETLAND FLAG SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR 1230 TRAVELER STREET 12_101 WHOSE SIGNA7URE APPEARS HEREON. SOUTHOLD, N.Y. 11971 r 2 U 1 - LOT NUMBERS REFER TO MAP OF NASSAU FARMS I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE -ON AND CONS7RUC710V OF SUBSURFACE!SEWAGE AT CUTCHOGUE N DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES MARCH 28, 1935 AS FILE N0. 1179 ,, TOWN OF SOUTHOLD and will abide b the conditions, 'forth therein and on the permit to construct. HOUSESUFFOLK COUNTY, N. Y. The location of wells, cesspools & public watershown hereon are D ��`��� 1000-98-01 13 from Field observations and or from data obtained from others. ISCALE.' 1'--309 ®Et JANUARY 142012 (DWELLING) -� � OCTOBER 18, 2017 (CERTIFICATIONS) SYS�M EOCAT►ON UNKNOWN 1�` ®�; DECEMBER 11, 2017 (SETBACKS) (WELL gc SEP11C WiDMO DECEMBER 5, 2018 LOT COVERAGE) OtQED 8y�OF. IM �REAN filch WA ��1►NG, !N aN R MEOIVs' _ _ ` __ �j'�•� rA ROAD 2012 REDWOOD . --- - `N% __ ° 9 uTlurt 3284' POLE WIRE PAVERS w_SP a2?V �� �p`,,`� \�/F ssg6'' ��•� ova- ROAD �N83'09_ �x�x _� ee0 23,e ZONE X �0 � o _ w \ 3. 'N —X�"Xper& 8—`= = n' +7.6' 0.3 N \ 10-70 ONE STORY ro 1• +10.8• w FRAME HOUSE \ Q ♦tiyt _ o � ♦\ F.F. EL. tt.e' ♦� ZONE AE \ S �j a'L r PAVERS 11.2' ♦ /, ` % \ �. �.\ LOT 19 O�c. COVER13 6.1y I 122 0 363.47' SAG �.� ♦ �� �1A\ — SHED 18.5' w FR. C"'� — FE 0,4 5 ♦ ♦ — 20.4 1,45 `O CE 60 ♦\ u --0 ARE FEN C <</1 ��tis \ ♦ S85'09'50"W (DWELLING) �yyLOT 18 ' , AFF J ♦ 1.6'E Certified To: C' O Richard Hans O Bldg Dept copy from ZBA Siobhan Hans Final reviewedAll nts rZ Fidelity National Title Insurance Company ZBA File# 7ate; / TEST HOLE DATA Citibank R BY McDONDALD GEOSCIENCE 1/5/12 EL B.8' DARK BROWN LOAM OL ------ 11- 53 SQ. FT. LOT COVERAGE LINE TIE UPLAND AREA = 20,624 SQ Fr. BROWN SILTY SAND SM TO ���®F NE V Y EXISTING ---- 4' ELEVATIONS REFERENCED TO N.A.V.D. HOUSE & DECK 2083 sq.ft. CD GARAGE & SHED 331 sq.ft. FLOOD ZONE FROM FIRM' RATE MAP NUMBER 2414/20,624 = 11.7,1' PALE BROWN FINE SAND SP � � 3610300164 H SEPTEMBER 25, 2009 EL. 0.5' 0—wAF � WELL Ag- `"�'" LIC. NO. 49618 2 ANY ALTERATION OR ADD1770M TO THIS SURVEY IS A VIOLATION PECb I WATER IN PALE BROWN FINE SAND SP , P. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (631) 6 1- AX (631) 765-1797 EXCEPT AS PER SEC,AON 7209—SUBDIVISION 2. ALL CER77F7CA770NS P.O. BOX 909 ■=MONUMENT HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY F1230 TRAVELER STREET[12-101 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 17 O 1-=WETLAND FLAG WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 14 , 'i RETAIN STORM WATER RUNOFF AP R VED AS NOTED 1 PURSUANT TO CHAPTER 236 OF THE TOWN CODE. DATE: B.P.# 61, ;i FEE: 0 S,�W BY: NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4 FINAL - CONSTRUCTION MUST Additi®nal BE COMPLETE FOR CO. Certification ALL CONSTRUCTION SHALL MEET THEBe Required. REQUIREMENTS OF THE CODES OF NEUt May YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. COMPLY WITH ALL CODES OF NEW YORK STATE & TOWN CODES AS =SOUTHOLD ND CONDITIONS OF TOWN ZBA VY I INN D SOUTHOLD TOWN TRUSTEES OCCUPANCY O USE IS UNLAWFUL WITHOUT CERTIFICATr OF OCCUPANCY INSTALL !h" HAkMIZA,IL BarH SIbF—gb I 36" ABOVe Aa OF 1��b L.A E v .nS'i�c4LL�k{j mm TDP or TP-TAD To BOTfi m T7'..rAb .dos m�3vol�s. £, — s (6)SD 19 x 1 Y4' 0'.10 screws(shown)or n LCE4 1 (8)104 x t14'nails S, 1 A`.p�7DWf7 71��IS1Gr'1 .X.!;; +x rw�y�'(� � ii I`ew(shown)` �'�. F1' 1 �totY plat,;#uds ° ` x h y ' O ocal +b1 tiedder ; , �fl , a TYPt DM 4Z Installation DTT1Z _. , u :.c.� v. •r ►�1�yl. :; ^; �a'g CLIMATIC GEOGRAPHIC 3'min.thread ' �N CRITERIA e tion ,. R.A.PHIC �fI 'j t maximum bad ;;zw }~ . 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'. • `IVA � 3 " q�j W CXR 2-64 �r iS A VIOLATION dp 1 Fif= 4/ -gyp � t`� LAW FOR ANY PERSON G� M UNLESS ACTING UNDE �!i (]Z � f 0 U �Q .�11..T 1 t7 Q PLAQ DI ARCHITECT T R reser � -�� � ARCI,PtT,ECT r A LICENSED �� �Z O ALTER ��!�-•_ � � grew,,t QA;TI i!S DRAWINGANY m rp AP.',y i dAI:ANY IN ,� u+ A(-2'Z-7:74 ATION MUST 4 �¢ �Y'.: ij "� NCT'FFe,SEALED AND C LU J D=:£iGi'' r.:CG IN ACCORDANCE �cA� 5 - u I L.T �E.Gk, w� M C3 D� � I G.�'•I"')U�.I 5 D�,,., rVITH THE'LAW. � �cQ P I WS TQ,�&& Rom GuTGNo�u �� ,� _ . Y 5 G.T M lOc � CJi - 13 sGA�E ; / - -a na-rr= 27