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Home My WebLink About47693-Z r TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE �r 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 #: 47693 Date: 4/18/2022 Permission is hereby granted to: Lynch, Daniel ___.......... wwwwwwwwwwwwwwwww_ww.................�......_��_. 2070 Grathwohl Rd 0-0-66X 107 www............_._._._.........� wwwwwwwwwwwwwww.__.�. w_wwwwwww.�__� .........-...... ............. New Suffolk, NY 11956 .___._................._... www_ w ._ ......................_._. _._ To: Legalize as-built deck addition at existing single family dwelling as applied for, with ZBA#7577 approval. Additional certification may be required. At premises located at: 2070 Grathwohl Rd., New Suffolk SCTM #473889 wwwwwww............_ �__ _......_._._..........._... __. Sec/Block/Lot# 117.-2-14 Pursuant to application dated3/15/2022 and approved by the Building Inspector. To expire on 10/18/2023. Fees: AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $504.00 CO-ADDITION TO DWELLING $50.00 Total: $554.00 Building Inspector TOWN OF SOUTHOLD—BUILDING DEPARTMENT F Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone(631) 765-1802 Fax(631)765-9502 lett s://ww°w.so iholdtowgii Sov Date Received APPLICATION FOR BUILDING PEIII S �wce Use Only &"' 202') PERMrr NO. -7- Building Inspector: loll ING ITP .. Applications and forms.must be filled out in their entirety.Incomplete applications will not be accepted. Where the Applicant is not the owner,an ', l °"N V Owner's Authorization form(Page 2)shall be completed. Date: OWNER(S)OF PROPERTY: Name: L//? Q/a n c h SUM#1000- Project Address: Z , G/-C-- Lh L'/ o 1 Phone#: / �/ c3 9 (o Email: 2 Vi S (6) o cf o. %oe =/7-,f- Mailing A-CMailing Address: /� N e St 9 S CONTACT PERSON: Name: m C' SC c_3 Mailing Address: /3 C �-c A / 3 �� Phone#: �/ y, ` S-_ Email: t-,n K S c—r C -4 i f c c ` (P crJe)li"2 DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: -� - Phone#: Email: CONTRACTOR INFORMATION: Name: Mailing Address: v.� C A 6 �i S Phone#: 3 / 7 7 (o Email: DESCRIPTION OF PROPOSED CONSTRUCTION New Structure ❑Addition ElAlteration ❑'Repair ❑Demolition Estimated Cost of Project: Ddther , c u. Will the lot be re-graded? ❑Yes 0110-- Will excess fill be removed from premises? ❑Yes EWo 1 PROPERTY INFORMATION Existing use of property: PGS 1194ZAI XIL Intended use of property: SI t1 Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to �,p this property? ❑Yes42No IF YES, PROVIDE A COPY. ❑ Check YBox After Reading' The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. 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,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(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. LI-14 Z Application Submitted By(print name): DAuthorized Agent ❑Owner Signature of Applicant:' TR CRY YER Date: d 61 f �� NO�ARV �. PUBLIC.STATE OF NEW YORK NO 01 D '3300 300 STATE OF NEW YORK) QUAI.II'"IED IN UFFOLK COUNTY M SS: co I,S,IOI4 EXPJRE•S JUNE 30„2 Z COUNTYOF A J —t being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the /Aa..Ic /1-/ r - If, . ( ntract r, gent orporate Officer,etc.) of said owner or owners,and is duly authorized to pe orm 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 his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this gay of .TUB, .2o2-2— Notary I_. DWYER NOTARY PUSLK i a•TE OF NEW YORK NO.;?': 'n;,,306900 'o QUALIFIED ': FOLK000NTY PROPERTY OWNE1-11-1 o......,,,,„ .. .. °°"� ....... COMMISSION E;.; 'AES JUNE 30,2 art (Where the applicant is not the owner) �4 C.... residing at Z 0-7 0 Co v\.v\.J U �s / .. " �.•_ do tZ- hereby authorize ' ” °- to apply on my behalf to the Town of Southold Building Department for approval as described herein. 04 Owner's Signature Date C 'L yn N Print Owner's Name 2 BOARD MEMBERS xy Southold Town Hall Leslie Kanes Weisman,Chairperson �� " � , 53095 Main Road• P.O. Box 1179 v Southold,NY 11971-0959 Patricia Acam ora � '�` Office Lo��J,—tion: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. w � � r 54375 Main Road (at Youngs Avenue) Nicholas Planamento "� � ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 January 25,2022 Jennifer Wicks 200 Belleview Avenue Center Moriches,NY 11934 RE Appeal No.7577,Lynch 2070 Grathwohl Road,New Suffolk SCTM No. 1000-117-2-14 Dear Ms. Wicks; Transmitted for your records is a copy of the Board's January 20,2022 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Please be sure to apply for a building permit for the"as built" structures within 90 days of date of the decision. Before commencing any construction activities, a building permit is necessary. Be sure to submit an application along with a copy of the attached determination to the Building Department. 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. It is the property owner's responsibility to ensure compliance wvith the code required tinge frame described herein. Failure to comply with requesting extensions in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy and may requite a new application for variance relief with public hearing before the Board of Appeals. If you have any questions, please don't hesitate to contact our office. SincerelyY Kim E, Fuentes Board Assistant Encl. cc: Building Department W BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0 53095 Main Road- P.O. Box 1179�� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ,, Town Annex/First Floor, Robert Lehnert,Jr. + ► 54375 Main Road (at Youngs Avenue) Nicholas Planamento ► Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS 6 9W AAA TOWN OF SOUTHOLD 7 2022 Tel.(631)765-1809-Fax (631) 765-9064 SSolatho d Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 20,2022 ZBA FILE: 7577 NAME OF APPLICANT: Linda & Daniel Lynch PROPERTY LOCATION: 2070 Grathwohl Road,New Suffolk,NY SCTM No. 1000-117-2-14 SI DE E. INATION: 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. 9WHimpact. _TY ADMINI a I";RA Tl_ This application was referred as required under the Suffolk ative Code Sections A 14-14 fo 23,and the Suffolk County Department of Planning issued its reply , 2021; stating that this application is considered a matter for local determination as there appears t county-wide or inter-community impact. LWRP DETE INATI w The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt hist and is not subject to review under Chapter 268. PROPER"I'Y FACTS/DESCRI 1I N: The subject property is 19, 900 sq. ft. parcel located in an R-40 Zoning District. The subject property has a road frontage along Grathwohl Road of 131.6 feet then turns east for 140.00 feet along the side yard before turning south 103.74 feet along the rear yard before returning 199.99 ft back to Grathwohl road. The property is improved with a one-story dwelling, a one and one-half story garage, and a shed in the rear yard all as shown on survey prepared by Martin Alexander Read, last revised August 30,2021. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 1,2021;Amended September 3,2021,. . Notice of Disapproval based on an application to legalize an "as-built" deck addition; at 1) located less than the code minimum required rear yard setback of 35 feet; located at: 2070 Grathwohl Road,New Suffolk,NY. SCTM No. 1000-117-2-14. 1 1JAEF Rf QUES-:I'"f 1): The applicant requests a variance to legalize an "as-built" deck addition with a 32. 6 feet rear yard setback where a 35 feet minimum rear yard setback is required. ADDIT1Q ALt lNFOI MATRON:_ As per testimony at the public hearing, the deck only partially lies outside the required 35 ft rear yard setback. A letter of support from an adjacent neighbor was received by the Board. During a site inspection,the members of the Board noticed that an accessory apartment with balcony may be present on the second floor of the existing accessory garage and informed the applicant's agent to inquire as to the status and Page 2, January 20,2022 #7577, Lynch SCTM No. 1000-117-2-14 use of this space and let the Board of Appeals know the results since the existing Certificate of Occupancy#Z-33255 dated 9/02/2008 is for an accessory storage garage only. I l`ASN Ol- FAC-;,1m�w1 I-`,A'0NS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6,2022 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 trete and relevant and makes the following findings: 1. Town Law 267-b b I . Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is in the rear yard which is.enclosed by fencing and is not visible to any adjoining neighbors or the street. 2. Town Law 267-b 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 subject dwelling is sited parallel to the.two parallel side property lines.However,the front avid rear property lines not being parallel to each other and are not perpendicular to the side property lines. As a result,the attached deck on the rear of the dwelling has a conforming rear yard setback on one end and becomes non-conforining on the other end as the angled rear property line gets closer to the dwelling,thus requiring a setback variance for a small portion of the as built deck addition K Town Law 267-b b . The variance granted herein is not mathematicallysubstantial,,representing.7% relief from the code. Moreover,this relief is only for a small portion of the deck located outside the required setbacks. 4. Town Law 427-bL&b)ffi. 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 and the conditions of this board: 5. Town Law 267-b 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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an exterior deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. �SOLG I tQN OF Tli 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 Lehnert, seconded by Member Acampora,and duly carried, to GRANT the variance as applied for, and shown on the architectural plans prepared by Mark Schwartz, Architect, dated June 11, 2021; and on the survey prepared by Martin Alexander Read,L.S., last revised August 30, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s) within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a building permit in the time allotted. Page 3, January 20,2022 #7577, Lynch SCTM No. 1000-117-2-14 2. 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 12months of this decision or submit 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. 3. The As built Deck shall remain"Open to the sky above". This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. Arty 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 l3,uilding Department of a building permit, and may require anew 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 plata and/or survey cited above, ,such as alterations, extensions, or demolitions, are not authorized under this application when involving noncorz ormities under the.coning code. This action does not authorize or condone any current or future use,setback or others feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as arc, 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 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0). s ie lanes Weisman, Chairperson Approved for filing J /a� /2022