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HomeMy WebLinkAbout49016-Z TOWN OF SOUTHOLD 0�m BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY i 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#: 49016 Date: 3/13/2023 Permission is hereby granted to: Meringer, Amos 210 Westview Dr Mattituck, NY 11952 To Demolish (as per town definition) and reconstruct singe family dwelling as applied for, per ZBA#7716 and with engineer certification of sanitary. At premises located at: 210 Westview Dr, Mattituck SCTM # 473889 Sec/Block/Lot# 139.-1-11 Pursuant to application dated 1/9/2023 and approved by the Building Inspector, To expire on 9/11/2024. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $1,050.80 CO-ADDITION TO DWELLING $50.00 Total: $1,100.80 Building Inspector ,I TOWN OF SOUTHOLD—BUILDING DEPARTMENT � Town Hall Annex 54375 Main Road P0.Box 1179 Southold,NY 11971-0959 Telephone (631)765-1802 Fax(631) 765-95021ltt dutlwntDate Received I IPEIRMIT i For office Use Only PERMIT N0. Building inspecto'n JAN —qlulLti Vy Applications and forms must be filled out in their entirety.Incomplete TOOF" DIM. LO applications will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date:1/9/22 p OWNER(S)OF PROPERTY: Name:Amos & Courtney Meringer SCTM#1000- 139 Project Address:210 Westview Drive Mattituck, NY 11952 Phone#:631-765-4900 HEmail:am lTlel°ager uilIder �yahoo.corn Mailing Address:RO.Box 315 Mattituck, NY 11952 CONTACT PERSON: 1 Name:M011y Jernick Mailing Address:P.O.Box 315 Mattituck, NY 11952 Phone#:631-765-4900 Email:amosmeringerbuilder@yahoo.coM DESIGN PROFESSIONAL INFORMATION: Name:Joseph Fischetti Mailing Address:P.O.Box 616 Southold, NY 11971 Phone#:631-765-2954 Email:wingman@optonline.net CONTRACTOR INFORMATION: F Name:Amos Meringer Builder Mailing Address:P.O.Box315 Mattituck, NY 11952 Phone#:631-765-4900 Email:amosmeringerbuilder@yahoo.opm DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure RAddition ❑Alteration []Repair ❑Demolition Estim0atted Cost of Project: ❑Other I Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? 0Yes RNo 1 1 PROPERTY INFORMATION Existing use of properly: residential Intended use of property:residential Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to residential this property? ❑Yes 9 No IF YES,PROVIDE A COPY. . Building Permitisesas provided de dly ��^� ; ', 'S AC'i Rea ��C6 : The owner/contractor/design professional is responsible for all drainage and storm water issues as pr � ��fed b Chapter 236 of the Town Code.APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Bw g pursuant ng Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of bull dings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,buW00ing code, housing code and regulations and to admit authorized inspectors on premises and in buildingm s)for necessary inspections.False stateents ma 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): 1 �Y ���� Authorized Agent []Owner Date: ` j Signature of Applicant: I (� - CONNIE D.BUNCH Notary Public,State of New York STATE OF NEW YORK) No.O IBU6185050 SS: Qualified in Suffolk County r COUNTY OF SV Commission Expires April 14,2� being dui sworn,deposes and says that(s)he is the applicant V\ t I*� g Y (Name of in ividual signing contract)above named, (S)he is the (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 OJ � day of l J 20 Notary Public . VL':': i W .,.� .. I '„�..AVJ cifTjZ 'Llµ 4 (Where the applicant is not the owner) residing at `�1 O �ZS�vi eh1 rift tAo.�t��vc`.� 1do hereby authorize � to apply on my behalf to fie Town of Southold Building Department for approval as described herein. Owner's ignature Date A--mos "le r I n r Print Owner's Narfie 2 Telephone(5 1)765-1802 Town Hall Annex n: Fax(631)760 54375 Main Road J P.O.Box 1179 Southold, NY 11971-0959 Nu, BUILDING T T NOTICE OF UTILIZATION OF TRUSS TYPE CONSTRUCTION PRE-ENGINEERED 'SNOOD CONSTRUCTION AND/OR TIMBER CONST II UCTIwON Date: Owner: n,pS Meru Location of Property: 0 Please take notice that the (check applicable line): New commercial or residential structure Addition to existing commercial or residential structure Rehabilitation to an existing commercial or residential structure to be constructed or performed at the subject property reference above will utilize (check applicable line): Truss type construction (TT) Pre-engineered wood construction (PW) Timber construction (TC) in the following location(s) (check applicable line): 1� Floor framing, including girders and beams (F) Roof framing (R) Floor and roof framing (FR) Signature: Name (person submitting this form): Capacity(check applicable line): Owner L,,"" Owner representative TrussReg15.docx Effective 1/1/2015 F �H T T I oP I! Ail ENGINEERING MAR 0 9 2023 OF"" 101 11 March 9,2023 RE: 210 Westview Drive, Mattituck Building Inspector Town of Southold Main Road Southold,NY 11971 Dear Sir, The existing sanitary system complies with current Suffolk County Health Department requirements for the home with the proposed alterations including 3 bedrooms and an office. BOARD CERTIFIED IN STRUCTURAL ENGINEERING J 0 13 F-PHgFIS cH E-r-ri.c o m FIB 0 H E-1-71 EN 131 NEER IN 0.130 M 4523 1 -765-2954 1 725 HOB ^ RT ROAD SOUTHOLD , NF-w YORK 1 1 97 1 Generated - � Compliance Certificate _J MAR U 9) 2023 Project Meringer Energy Code: 2018 IECC Location: Mattituck, New York Construction Type: Single-family Project Type: Addition Climate Zone: 4 (5331 HDD) Permit Date: Permit Number: Construction Site: Owner/Agent: Designer/Contractor: 210 Westview Drive Mattituck,NY Compliance: 0.0%Better Than Code Maximum UA: 134 Your UA: 134 Maximum SHGC: 0.40 Your SHGC: 0.31 The%Better or Worse Than Code Index reflects how close to compliance the house Is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. q I � ., g ade �Val�t��oa„ iraa�r.l:e��¢lera��"�-vire a°ncu Il�u�i��eu�a:nsu�n udm%ired uiro lllnu"�,tl czu-�znnr�uzu nunarurme�-a�u�ugnloarar���I path uur l�I >clneu Vc IF:dn�":ln siu�l�-�zrn �m , assernnbw y ii n the specified chirrnate zone un�ust u�"Ieel.l.he irruiu"nuenNuaiirn eine gy code iinsu cation R-value and depth u°equfire rnea,mnts. Env 1 li� Ceiling: Flat Ceiling or Scissor Truss 992 36.0 0.0 0.031 0.026 31 26 Wall:Wood Frame, 16"o.c. 992 20.0 0.0 0.059 0.060 47 48 Window:Wood Frame 32 0.290 0.320 9 10 SHGC:0.31 Window 1:Wood Frame 0.300 0.320 47 50 SHGC:0.31 Compliance Statement: The proposed building design d scribed here w consistent with the building plans,specifications,and other calculations submitted with the permit application.The ropos+ed buildi g,has been designed to meet the 2018 IECC requirements in REScheck Version: REScheck-Web and to compl with he mandatory r- ements listed in the REScheck Inspection Check"st. Name-Title r e Z 062 �S81 Datta f lentle: eringer ... _ _ .... .. ___.._. Report date; 0 10of23 BOARD MEMBERS Southold Town Hall 53095 Main Road• P.O. Box 1179 Leslie Kanes Weisman,Chairperson r 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� � RECEIVED phttp://southoldtownny.gov ,I Q,a, _Q /Q �:C{ 41- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD J 2 1 20022 Tel.(631) 765-1809 � 'S,OAU 00 I'd)k Vin ler' I F FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 17, 2022 ZBA FILE: #7716 NAME OF APPLICANT: Amos Meringer PROPERTY LOCATION: 210 Westview Drive, Mattituck, NY SCTM: 1000-139-1-11 Ste, „ DLwTI�„RMINA"fIO : 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. S1,pF1 OI g C(.,,JNTY_ADp tiNIS `R 1 W ".E 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 August 31, 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: 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/1:)I.'SCRIP l ION.• The subject, irregular-shaped, 10,239 square feet, .23-acre corner parcel located in the R40 Zoning District measures 47.32 feet along Westview Drive and continues along a radius in the roadway L=70.14 feet, R=58.38 feet and continues along the road an additional 58.55 feet, then runs west 110.58 feet along a residentially developed lot to the north and returns south 118.46 feet, to the roadway, along a second residentially developed lot to the west. The subject property is improved with a one-story wood-frame house with masonry entry stoop, a side entry stoop, a small rear deck, a wood deck at grade, a detached one-story frame garage, a shed, an asphalt driveway, a gravel driveway, and stockade fencing as shown on the survey prepared by John T. Metzger, Licensed Land Surveyor, and last revised May 20, 2022. BASIS,,. A„PPLI �A,TIC MN: Request for Variances from Article 111” Section 280-15; Article XXIII, Section 280- 124; and the Building .Inspector's August 18, 2022 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single farnily dwelling and relocate an"as built""accessory shed at 1) dwelling is located less than the code miniarwturti front yard setback of 35 feet; 2) as built,shed is located in other than the code permitted rear yard; 3) construction of the dwelling will place the existing accessory garage in other than the,code permitted rear yard; at. 210 Westview Drive, Mattituck,NY SCTM No. 1000-139-1-11. RELIEF IE [L-)LJ13STEQ: The applicant requests three variances for the demolition (as per Town of Southold code definition') and reconstruction of a single family residence, for the addition of a full second floor of living space measuring approximately 36 feet by 26.3 feet and an overall height of 26.1 'feet vvitlr a proposed 'front yard setback Page 2,November 17,2022 #7716,Meringer SCTM No. 1000-139-1-11 of 22.9 feet, to accommodate the addition of a front porch measuring 6 feet deep by 36 feet long, where the code requires a minimum 35 feet front yard setback for homes constructed oil lots under 20,000 square feet; the placernent of an 'as built' shed i!neasuring 10.5 feet by 10.2 feet in a side yard where the code limits Such accessory strLlCtUres to rear yard locations; the placement of an existing accessory garage measuring 14.2 feet by 21.4 feet in a side yard location where the code limits such accessory structures to rear yard locations. AWRiDEPANP the applicant was asked to bring the LLCATION' During the public hearing on November 3,2022, e plan into more conformity with tile code and amended their site plan and application to locate the"as built" shed in a compliant rear yard location. Tile amended application removed the riecessity of variance relief for the 'as built' shed located in a side yard where the code requires such improvements to be located in the rear yard and thereby brought the plan into conformity with the town code for this component of their application. wAl11 1"i ONAl I FORMAIJON F The applicant provided architectural drawings, including elevations and existing and proposed floorplans, foundation plan, roof plan, cross section, plumbing schematic, and wind load calculations labeled Aril through A-12 prepared by Joseph Fischetti, Professional Engineer and dated September 2, 2020. There is no history of prior Zoning Board of Appeals relief for the improvements on this lot. The existing residence has a front yard setback of 28.1 feet from the roadway, prior to the proposed front porch addition. The Subject parcel is covered by the following Certificate of Occupancy: Z-1651 dated May 26, 1961 covering a private one family dwelling Z-7495 dated June 27, 1977 covering the construction of aprivate accessory garage(subject of this application) Z-16195 dated September 22, 1987 covering an addition to a one family dwelling There is an open building permit, file 946965, for the installation of a basement egress window. 1XII-ing the public hearing, tile applicant offered to amend their application to locate the'as built' shed in a compliant rear yard location, considered a small rear yard, thereby removing one request for variance relief. However, tile applicant shared that while they would like to 'attach' the existing accessory garage to tile house, thereby removing a second request, there is not sufficient space to allow for the transition ofgrade between the two structures and that it would create a greater hardship both in expense and design/use than to seek the requested relief. No member of the public or an immediate neighbor spoke in favor of or against this application. FJ�H)I N OF FA-CLT/.RLAS�Q SfOf� BQ—MR: A- - — -QS --5 -�L [I C119N. The Zoning, Board ol"Appeals held a public hearing on this application on November 3,2022 at which tinic written L�I 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 trite and relevant and makes the following findings: 1. Town Law §267-b(3)(h)(1). Grant of the amended relief'will not produce an undesirable change in the character nFthe ncighbcn-hood or a detrinle-tt tr)ne%rkl.,� Tke ',Yr-d- he subjeci parcel OU—S is located, is a community of water-front and upland homes developed in the early 1960's, tile vast niajority ofwhicll have been renovated and upgraded to meet the needs of 21" Century living. I*wo story homes and residences with front porches are commonly found in the imiriediate neighborhood and throughout the Town of Southold. The roadways meander taking advantage of the natural terrain and Nvaterfront features, The subJect, upland, parcel is located on a bend in the road, defined as a corner lot, and was developed prior to current zoning with a front yard setback of 28.1 feet and a small compliant rear yard. The addition of a six feet deep front porch to the pre-existing residence and the addition of a full second floor will not be out of character with the community since many of the Page 3,November 17,2022 #7716, Meringer SCTM No. 1000-139-1-11 immediate neighbors share similar features. Furthermore, the existing garage, has a valid certificate of occupancy #Z-7495 and is located where it has stood since construction in 1977. The applicant makes no proposed changes to the size/location or use of the garage. As such, immediate neighbors or passersby and those using the public roadway will not be able to discern the relief requested. 2. Town Law §267-1)(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. Because the Douse and garage are pre-existing (front yard setback of 28.1 feet at its closest to the roadway where the code requires a minimum front yard setback of 35 feet and a gal-age built in a side yard where the code requires, such iniprovelnents to be located in a rear yard), any alteration and expansion will require Board relief. The applicant has demonstrated that it is not practical to `attach' the garage to the house to remove one variance request. 3. Town 'Ii.,,aw '267-b b . The variances granted herein are mathematically substantial, representing 34.6% relief from the code relative to the reduced front yard setback and 100% relief from the code relative to locating an accessory garage in a side yard. However,the existing house was constructed in 1961 at 28.1 feet and the garage was constructed in 1977 in its present location. As a result of the `bend' in the roadway, at the subject property, the opposite end of the front fagade exceeds the current code required minimum 'front yard setback of 35 feet. After the proposed addition of a front porch and full second floor the required front yard setback, as reduced, will not be discernable. 4. Town UaNy 267-1a 3 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 , 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. Town Law y2�67 1). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the addition of a front porch, full second story and a garage in the side yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION U TION CSF 11 lE B011,ARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Dantes,and duly carried, to GRANT the variances as amended and shown on the survey prepared by John T.Metzger, Licensed Land Surveyor, and last revised May 20,2022 and the architectural drawings labeled A-1 through A-12 prepared by Joseph Fischetti, Professional Engineer, and dated September 2, 2020. ,SUBJECT TO ll"lI[E 10 OLLOWIMN C0NLI1TI0NS; 1. Prinr to the icciianCe of a Certificate of Occupancy the applicant shall relocate the `as built' Shed to a code compliant rear yard location and submit an amended survey showing same. 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 Page 4,November 17,2022 #7716, Meringer SCTM No. 1000-139-1-11 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 andlor architectural dmmingi cited in this decision will result in delays ant'llor 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 variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized undew this application when involving noncoi?fbrmith,*s under the zoning code. This action does riot authorize or ca ondone nycurrent wfitture 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 AM1_10VAL 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 Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, Planamento and Lehnert. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing /2022 Wm1 LVA IU(T wu EDGE OIF ° x U m a o o C"8 C7' w o (n 5a N �wILX l"w (30 �• aLLI� aU Z Z 465 K CL Nell U 3 C �a W ZLIJ Ltnj w� WIle er. .. w °'� '�r r O U Q LY W Amo m a r i.. xp e y '"-�_ �M "� cll14l ca *0 �� d Li o G .5105 o � wed 6. S i y 0 V