HomeMy WebLinkAbout48846-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
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 #: 48846 Date: 2/2/2023
Permission is hereby granted to:
Tra anotto Pamela A Rev Trt
4575 Wickham Ave
Mattituck NY 11952
To: construct accessory garage as applied for per ZBA approval.
At premises located at:
4593 Wickham Ave Mattituck
SCTM # 473889
Sec/Block/Lot# 107.-4-8.1
Pursuant to application dated 12/21/2022 and approved by the Building Inspector.
To expire on 8/3/2024.
Fees:
ACCESSORY $350.00
CO -ACCESSORY BUILDING $50.00
Total: $400.00
Buil ing Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone (631) 765-1802 Fax (631) 765-9502 lett :/f ww. ouL]loldtowtin . ,,�o"
a
e Received
APPLICATION FOR BUILDINGITS
For Office Use Only f
f
PERMIT N0. Building Inspector:
Applications and forms must be filled out in their entirety. Inc to 11R
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date: A Al
OWNER(S)CIF PROPERTY: 12,2
TLA
Name: aemSCTM#1000- I
Project Address:
Phone#: 40�5r, -002 Email: &-k4LGa
Mailing Address: Q
CONTACT PERSON:
Name:.
Mailing Address:
Phone#: Email:
DESIGN PROFESSIONAL INFORMATION:
Name: L�IL4-11 AAA
Mailing Address:
Phone#: V✓�(�� 41 'r7 - 5P5 Email:
CONTRACTOR INFORMATION:
Name: 0-.,J$A
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
XNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other $,
Will the lot be re-graded? []Yes El No Will excess fill be removed from premises? ❑Yes []No
1
PROPERTY INFORMATION
Existing use of property: 4-elvJerx.& Intended use of property:
Zone or use district in which premises is sitlteo Are there any covenants and restrictions with respect to
fr ' � - A1,111"',
this property? ❑Yes�lo IF YES, PROVIDE A COPY.
Jxcheck BOX After Readln .T owner/contractor/design rofessional is res onsible f ._.an
g' p p or 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.
Application Submitted By( int name): ❑Authorized Agent Xowner
Signature of Applicant: Date: AvJ ix;4
STATE OF NEW YORK)
COUNTY OF
( R - 0 ) being duly sworn, deposes and says that(s)he is the applicant
Name of individual si nin contract above named,
(S)he is the 11a-
(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 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
S,r
�J
day of l� L 0202-1
ot.ary Public
TRACEY L. IER
OTARY PUBLIC,STATE OF NEW YORK
PROPERTY OWNER AUTHORIZATIA1 NO.01OW6306900
(Where the applicant is not the owner) OUALIFIED IN SUFFOLK COUNTY
COMMtSSION EXPIRES JUNE 30,2—
residing
0,2_residing at
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name
2
,
is I
- BOARD MEMBERS Town Hall Annex
53095 Route 25, Main Road
Leslie Kanes Weisman, Chairperson
Patricia Acampora ® i P.O. Box 1179
Eric Dantes Southold,NY 11971
Robert Lehnert,Jr. Telephone(631)765-1809
Nicholas Planamento ;- RECEIVED
G 7V
http://southoldtownny.gov 4'
ILn ZONING BOARD OF APPEALS
� DTOWN OF SOUTHOLD
DEC 1 202 Southold Town Clerk
I , DELIBERATIONS AND DETERMINATION
110VONOFIC301YMOLD MEETING OF DECEMBER 15, 2022
ZBA FILE: 7712
NAME OF APPLICANT: Gary Trapanotto
PROPERTY LOCATION: 4593 Wickham Avenue, Mattituck,NY. SCTM#1000-107-4-8.1
SEQR;A DI IURMI TJOO : 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.
`S'U1 FOL C ?,, N 1�° 1 M;II lI "' l +.CI 1 ( I E: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued
its reply dated August 23, 2022stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
L.WRP DI"I"EIZMINATI N: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268..
PROPERTY FACTS/DESCRIPTI N The subject property is a conforming 46,226 square foot parcel in the
Residential R-40 Zoning District. The northerly property line measures 273.75 feet, the easterly property line
measures 162.50 feet and the southerly property line measures 267.13 feet. The westerly property line measures
175.00 feet and is adjacent to a 30 foot Right of Way that runs north from Wickham Avenue to dead end at Long
Creek. The parcel is improved with a one-and one-half frame dwelling with an attached wood deck in the rear of the
dwelling as shown on the survey map prepared by John C. Ehlers, LS and last revised September 29, 2004,
BASIS OF APPLIC &ION Request 1"or a Variance from Article 111, Sections 280 -15 and the Building Inspector's
August 4,, 2022 Notice of Disapproval based oil an application for a permit to construct an accessory garage; at; 1)
located in other than the code required rear yard; at 4693 Wickham Avenue, Mattituck, NY. SCTM4
RELIEF REQUESTED: The applicant requests a variance to construct an accessory garage in a nonpermitted front
yard of a conforming 46,226 square foot parcel in the Residential R-40 Zoning District, pursuant to Article III,
Section 2R0_t 5 uihirh states accessory building and structures shall he located in the required real-yard.
ADDITIONAL INFORMATION: The existing dwelling was one of the original houses in this area having a
driveway entrance from Wickham Avenue. The residence faces Wickham Avenue. In the late 1960's a variance
was granted to create; the existing. Right of Way which is used to access the home. This Right of Way altered the
orientation of'fi•ont and rear yards on the property by creating a second road frontage defined as a second front yard
Page 2, December 15,2022
47712, Trapanotto
SCTM No. 1000-107-4-8.1
FINDfNGS OF FA.C'F/ REASQN,,5,X,,Q[MAK.D_A.CMN.�
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 flacts to be true arid
relevant and makes the following findings:
1. Town Law X267-b(3)(b)(I). Grant of the variance will not produce all undesirable change in the character of the
neighborhood or a detriment to nearby properties. The proposed accessory garage will be in a wooded area and
barely visible to the neighbors and from Wickharn Avenue. Free standing accessory garages are common in the
surrounding neighborhood. The proposed accessory garage will be one-story so it will not be highly visible or
intrusive to the neighbors.
2. Town Law §267-115(3)(b)(2). -The benefit sought by the applicant cannot be achieved by some inethod, feasible
for,the applicant to pursue, other than air area variance, There is no other Feasible location for this garage given the
problems tissociated Nvith the location ofthe present existing sanitary system. The applicant cannot place the garage
in a conforming real- yard location because it wotild interfere with the existing sanitary system. The yard has a
dramatic incline with grade changes which would require construction of retaining walls and potentially create run
off issues in order to construct a level garage. Currently the location is where the applicant parks the cars. It is not
uncommon to see an accessory garage located in the front yard in this community.
3. Town Law 067-bb 3
, 11 '1(3), The variances granted herein is mathematically substantial,representing 100%relief
from the code, However, tire proposed location will not be detrimental in any way to the surrounding properties and
as mentioned previously,this is the only location that would work.
4. Town Law §267-L)(j1CbJ(4J. 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(30)0). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presurned 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 1,aw.§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.
RES I THF, BOA IR): In considering all of the above factors and applying the balancing test under New
_KM�
York Town Law 267-B,motion was offered by Member Acarnpora, seconded by Member Lehnert,and duly carried,
to
DI A D rl Flnnr P15;nz)
1-1n A'�Tlll the Uilding Plans (PI—o in"s an
%_VrFLA I I I variance as applied '1Ur and shown on the Site I Lan aria k_--tion,
prepared by Nick J. Mazzaferro, LPE, June 16, 2021
SUBJECT TO THEFOLLOWING CONDITIONS:
1. The attic shall remain unconditioned space with open stud walls and rafters, non-habitable, and used
only for storage.
k
Page 3, December 15,2022
#7712, Trapanotto
SCTM No. 1000-107-4-8.1
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 ancl/or architectural drawings cited in this decision will result in chdae vs
artdlor a possible denial by the Building kjepartmew of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation fi"om the variances) granted herein as shown, on the rarc,hitec.`tural drawings, site plan andlor survcr,y
cited above,such as alterations, extensions, or demolitions' erre not authorized under this application when involving
noneor#brrnitaas under the zoning code, This action does not outhora.e or condone arav current orfiattrre t.ase, setback
or otherfecrture of the subject properiy 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 PROPI�RTY OWNER'S RESPO fSIBIUTY TO ENSURE COMPLIANCE
WITH THIS CODE,REQUTRED J IME FRAME DESCRIBED HEREIN. Failure to comply in a
timely manncr 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)
„s J.1 l 1 amento, Vice Ch..._ ,.
�iol�c � air
"/ /2022
Aptiao ed for filing