HomeMy WebLinkAbout48701-Z TOWN OF SOUTHOLD
� BUILDING DEPARTMENT
{� TOWN CLERK'S OFFICE
N
SOUTHOLD, NY
"' ot&a.
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#: 48701 Date: 1/5/2023
Permission is hereby granted to:
Mazur S 2014 Trust
180 W End Ave Apt 28L
New York, NY 10023
To: Demolish an accessory garage and construct new accessory garage as applied for and
per ZBA #7713 approval.
At premises located at:
555 West Rd, Cutcho ue
SCTM # 473889
Sec/Block/Lot# 110.-7-7
Pursuant to application dated 1/5/2023 and approved by the Building Inspector.
To expire on _ 7/6/2024.
Fees:
ACCESSORY $330.40
CO-ACCESSORY BUILDING $50.00
Total: $380.40
Building Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone(631) 765-1802 Fax (631) 765-9502 1�t1wFaitl > lttr�ll or
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only +
PERMIT NO. V u. a � r� M1I
B ilding Insp ct r.
II
J 209
Applications and forms must be filled out in their entirety. Incomplete ED I
applications will not be accepted. Where the Applicant is not the owner,an BUILDINGDEPT
Owner's Authorization form(Page 2)shall be completed. i ni' i
Date: 1/5/2023
OWNER(S)OF PROPERTY:
Name:Stephanie Mazur sCTM# 1000-110-7-7
Project Address: 555 West Road #1218, Cutchogue, NY
Phone#:917-930-9663 Email:St.mazur@verizon.net
Mailing Address: 555 West Road #1218, Cutchogue, NY
CONTACT PERSON:
Name:Karen Szczotka or Rob Brown of Robert I. Brown Architect, P.C.
Mailing Address:205 Bay Ave., Greenport, NY 11944
Phone#:631-477-9752 J Email: karen@ribrownarchitect.com
DESIGN PROFESSIONAL INFORMATION:
Name:Robert I. Brown, AIA
Mailing Address:205 Bay Ave., Greenport, NY 11944
Phone#:631-477-9752 Email: rob@ribrownarchitect.com
CONTRACTOR INFORMATION:
I
Name: TBD
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
WNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
20ther Demo of existing and new assessory Garage $200,000
Will the lot be re-graded? ❑Yes N No Will excess fill be removed from premises? ❑Yes ®No
1
-,..,...-...�-�.�. _._.. .PROPERTY INFORMATION.. �...__....-.
-V
Existing use of property:residential _ SinglH� 7A
ded use of property:
same
me
4Zone r use district in which remises Is situatehere an covenants apYnd restrictions with respect to
roperty? Dyes �No IF YES, PROVIDE A COPY.
The owner/contractor/design professional is responsible for all drainage and storm water issues as prcvlded by�
Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tine Building Zone
Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,ordinances or Regulations,for the construction of tbuildhrgs,
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.
Application Submitted By(print name):
k" (°" bAuthorized Agent Downer
Signature of Applicant: C
/L.. ! Date: 1 cel. 3
L I
STATE OF NEW YORK) � "
SS:
COUNTY OF SUFFOLK
(N' m eindividual signing contract above being duly sworn, deposes and says that (s)he is the applicant
named,
(S)he is the Agent for Robert I, Brown Architect, FSC
C
(
of said owner or owners and is duly (Conntrtr
actor,Agent, Corporate Officer, etc.) � w
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 Lo 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
r
'Y day of _ 20 T r °
Notary Public
FENNY LOUIS= MAFFErONE
NOTAP,,Y PUBLIC STATE OF NEYi YORK
Reg's:re,jen No.01 MA 402.379 n
(WhOre the applicant is nOt the owner)
I, Stephanie Mazur _residing at 555 West Road #1218 Cutchogue, NY
do
hereby authorize and Its Agents. �
_.��. ... _ .....�.-�,.. Y to apply on
Robert I Brown Architect PG
my behalf to the Town of Southold Building Department for approval ae rlP,z,-r;k-,a k-,-;-
Date
wner's Signature
�-
Print Owner's Ntr e
2
BOARD MEMBERS Town Hall Amex
Leslie Kanes Weisman, Chairperson 'y' 53095 Route 25,Main Road
Patricia Acampora P.O. Box 1179
Eric Dantes W ; Southold,NY 11971
Robert Lehnert, Jr. " Telephone(631)765-1809
Nicholas Planamento 4'
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
December 20, 2022
Robert Brown, Architect
205 Bay Avenue
Greenport, NY 11944
RE: ZBA#7713, Mazur
555 West Road, #1218, Cutchogue
SCTM No. 1000-110-7-7
Dear Mr. Brown;
Transmitted for your records are copies of the Board's December 15, 2022 Findings, Deliberations and
Determination,the originals of which were filed with the Town Clerk regarding the above variance
applications.
Before commencing any construction activities, a building permit is necessary. Please 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 WITH THE CODE
REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result
in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance
relief, and require a new variance application with public hearing before the Board of Appeals
If you have any questions,please don't hesitate to contact our office.
Sincer ly,
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Department
BOARD MEMBERS ' , Town Hall Annex
Leslie Kanes Weisman, Chairperson �w �� 'k 53095 Route 25, Main Road
Patricia Acampora P.O. Box 1179
Eric Dantes Southold,NY 11971
Robert Lehnert,Jr. r Telephone(631)765-1809
Nicholas Planamento �° '
RECEIVED
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 15, 2022
ZBA FILE: 47713
NAME OF APPLICANT: Stepanie Mazur
PROPERTY LOCATION: 555 West Road, Cutchogue, NY SCTM# 1000-110-7-7
SEQ t/h I LTE,RMFNA M: 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 October 11, 2022 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 22,2022. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available,
it is recommended that the proposed action is EXEMPT from Coastal Consistency Review.
PROPER�FY f,A I .� -SCfZJfL1QN..� The subject property is a non-conforming 23,446.81 square foot waterfront
parcel. The parcel has 104.54 feet of bulkhead frontage on Peconic Bay. The parcel runs 53.35 feet along West
Road and runs 271 feet on the West side. The East side of the parcel is irregularly shaped. The parcel runs 46.83
feet then bends 79.36 feet to the Southeast before running an additional 154 feet on the East side. The parcel is
improved with a two story frame dwelling, a frame garage, a storage bin, and a wood deck. All is shown on a survey
prepared by Kenneth M. Woychuck L.L.S. dated January 15, 2021.
ASIS OF APPLICATION: Request for Variances from Article II1, Section 280-15 and the Building Inspector's
April 27, 2022, Amended June 27, 2022 Notice ofDisapproval royal based'on an application for a permit to demolislp anti
reconstruct an accessory building measuring 2.2 feet in height; at; l) located less than the code required ininiinurn
„ .L..,,.I1, -f�11 A!1 F or• 71 Ir, oLed lace than the erode 14'f_Ruired arninii'Tium side yard setback (2 sides) of 20 feet
on each side; at: 555 West Road #1218,(adj. to Cutchogue Harbor) Cutchogue,NY. SCTM#1000-110-7-7.
RE IFF' I EC7I JI S 1 EI' : The applicant requests a variance to demolish an existing accessory structure and to build
an accessory garage with a 22 foot ridge height having a front yard setback of 10 feet and a side yard setback of 8.3
feet where Town Code allows accessory buildings to be located in a front yard location on waterfront parcels, but
requires a minimum front yard setback of 40 feet and a minimum side yard setback of 20 feet when the height of the
structure is 22 feet.
Page 2, December 15, 2022
#7713, Mazur
SCTM No. 1000-110-7-7
AD12111ONAL INFORMATION: There is a pre-existing Certificate of Occupancy No Z-23683 dated June 5, 1995
for a one family seasonal dwelling with an accessory two car garage. The existing accessory two car garage is closer
to the street than the proposed accessory garage.
INDINfr FACT'
_/ I .5_LQR BOARD a4, TiON
The Zoning Board of Appeals held a public hearing on this application on December 1,2022 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 true and
relevant and makes the following findings:
1. Town.Law 267-b b 'l . Grant of the variance will riot produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The neighborhood is an older waterfront neighborhood consisting
of single-family homes with many accessory garages in front yards that have non-conforming front and side 'yard
setbacks.
2. Town Lawre267_W2 , The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. Although the applicant could build the garage in a code
conforming front yard location, the house is on a hill and placing the garage in a code conforming location would
require substantial and impractical changes to the natural grade in order to make it useable. Moreover, the proposed
non-conforming side yard setbacks are the result from the very irregular-shape of the property which narrows toward
the road to only 53 .35 feet wide.
3. `C"own.IAw "2676 b . The variances granted herein are mathematically substantial,representing 75%relief
from the code for the front yard setback and 57% relief from the code for the side yard setback. However, the garage
is in a more conforming location than the existing accessory garage to be demolished.
4. Town_Law 2.67-b b . 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 "267- b 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. rown 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 accessory garage while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUF1ON OI TWE-i 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 Dantes,seconded by Member Acampora, and duly carried,
to
GRANT the variances as applied for, and shown on the Site Plan, dated June 20, 2022 and Architectural Plans,
dated April 21, 2022 (Sheets Al, A2, A3, and E1) prepared by Robert I. Brown, Architect.
Page 3, December 15, 2022
#7713, Mazur
SCTM No, 1000-110-7-7
SUBJECT TO THE FOLLOWING CONDITION:
1, The attic (second story) shall remain unconditioned space with open stud walls and rafters, non-habitable, and
used only for storage, accessed by a drop-down attic stair, as proposed in the architectural plans.
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.
Any deviation from the survey, site plan and"or architectural drawings cited in this decision will result in delays
andlor a possible denial by the Building Departniew of a building perrnit, 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 tinder 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.
IMPORTANT`TIME LIMITS ON THIS APPROVAL
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
wi TH THE CODE RE QUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a
timely manner may result in the denial by the Building Department of a Certificate of Occupancy,
nullify the approved variance relief, and require a new variance application with public hearing
before the Board of Appeals
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, Planamento and Lehnert. (5-0)
Kc .
tcl�o a1 to, Vice Chair
Appro1 for filing / /2022