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Home My WebLink About49099-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 HE WORK AUTHORIZED UNTIL FULL COMPLSPECIFICATIONS ETION OF Date: 41612023 Permit#: 49099w m_,,.,. w... ....._ Permission is hereby granted to: Spates James .. . POBOX 602 _.. .�_ ... _.. .. .__ .. ... _ .. Laurel, NY 11948 . - . To: Construct an attached garage addition to an existing single family dwelling as applied for per ZBA approval and conditions #7744. At premises located at: 376 Masters RdLaurel._.. ...�_. . .- ... .. __ ... _�M.. SCTM # - SeclBloc!I�1Lvt# 126.-9-21 ..�...�..�._�._..��.�.��.�... _...._. _.�.� ..�.�._._.__� �..�..... ... Pursuant to application dated 311012023and approved by the Building Inspector, To expire on 1016/202.4. SINGLE FAMILY DWELLING-ADDITION OR ALTERATION Fees: mm ._. . �_. .. $389.60 CO-ADDITION TO DWELLING $50.00-00 Total: $439.60 Building Inspector �fOtt, ., 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 h 2 ,�"�Y wNv.s(,)Utlit)ldkoviiii ggv Date Received APPLICATION FOR BUILDING PERMIT .# a For Office Use Oi � PERMIT NO. � Building InspeGtgr. HU fl_Lk NKA kDi Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date: 4-�w2 c Z Z OWNER(S)OF PROPERTY: . .. Name: MQ® SCTM# 1000- Project Address: . 5 Phone#: Email° Mailing Address: �—YA CONTACT PERSON: Name: CAW Lid Mailing Address: L o N- 7 Phone#: Emai' '" � / !'•* "• DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: 6 O ,P''Z Email° Phone#* 77 '.. ...._.. Atzeeg ..�>. ,,,... CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure C<Addition ❑Alteration []Repair ❑Demolition Estimated Cost of Project: ❑Other $ Will the lot be re-graded? Dyes X'No Will excess fill be removed from premises? ❑Yes KNO 1 PROPERTY INFORMATION Existing use of property,,,,, 4116 Intended use of property" , Zone o-use district in which premises is situated: Are there any covenants and restrictions with respect to ro ��ls p e p rtye : Yes [A No IF YES, PROVIDE A COPY. -_•__.._m . ._� � ot Check BOX 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 210A5 of the New York State Penal Law. Application Submitted By(print name): /Cy��L A- kl"14 C& n.Authorized Agent ❑Owner Signature of Applicant: Date: STATE 01= NEW YORK) SS: COUNTY OF _ __) C,IVtQ,,U., , QV_ being duly sworn, deposes and says that(s)he is the applicant (Name of individual 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 know &ipIf; and that the work will be performed in the manner set forth in the application file therewith. Notary Public Commonwealth of Massachusetts Sworn before me this My Commision Expires: I .ly of20 '� 65 otary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) residing at .� Z' ....._ __. ... Z dllr, 11�/- Ally Z/ do hereby authorize y �j C J Z _._to apply on my behalr to the Town of Southold Building Department for approval as described herein. VAL Owner's Signature Date Pint Owner's Name 2 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ' a oar 53095 Main Road•P.O.Box 1179 Patricia Acampora "� Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. ANC Town Annex/First Floor Nicholas Planamentoa 54375 Main Road(at Youngs Avenue) ,{ COU Southold,NY 11971 RECEIVED hftp://southoldtownny.gov -P" #:#0&M ZONING BOARD OF APPEALS AkE B TOWN OF SOUTHOLD 2023 Tel. (631) 765-1809 Southold"1'®ern C9er,�M FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16,2023 ZBA FILE: #7744 NAME OF APPLICANT: Judith Spates PROPERTY LOCATION: 375 AJ Masters Road, Laurel 1000-126.-9-21 SE RA DE ERMINATIO : 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. SUFFQ K CD TY ADMIMSTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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/DESCRIPTION., The subject property is a 10,346.84 sf,non-conforming parcel located in an. R-40 zoning district. The property has a 76. 98 ft road frontage along a right of way named AJ Masters Road,then turns west for 146.7 ft, then runs 75 ft to the northeast before returning 149,5 ft back to AJ Masters Road. The property is improved with an existing one-story house. There is also an accessory garage in the rear"yard,along with two free standing sheds. BASIS OF APPI�ICATOIT: Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's November 10, 2022, Notice of Disapproval based on an application to construct a garage addition attached to an existing single-family dwelling; at; 1) leas than the code required minimum front yard setback of 35 feet; located at: 375 Masters Road,Laurel, NY. SCTM No, 1.000~126- -21. RELIEF REQUESTED: The applicant requests a variance for a proposed garage addition set back 25.9 feet from the front property line where a minimum of 35 feet is required. ADDITI NAL R.MATION- During testimony at the public hearing, the applicant stated that the small shed at the rear of the property is to be demolished and removed, and the current shed behind the house is going to be moved into a conforming location in the rear yard. Page 2,February 16,2023 #7744,Spates SCTM No. 1000-126-9-21 FINDINGS OF FAC[/gFASONS FOR BOARD AUFION_ .,4- The Zoning Board of Appeals held a public hearing on this application on February 2,2023 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: I. Town Law§267-bQ)(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 proposed attached garage is to be set farther from the road than,the existing residence. This neighborhood consists of houses of all sizes,on small irregularly shaped lots. The road is a dirt road that meanders throughout the neighborhood. The proposed garage is one story, as is the house, and would not change the character of the neighborhood. 2. Town Law§267-b(3)(b) 2 . The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. Due to the fact that all of the properties in this neighborhood are non-conforming,with non-conforming dwellings,it is difficult,but not impossible to conform to the code. However in this instance,to conform with the code,would require large internal changes in the layout of the existing house in order to access the garage, which would change the entire scope of the project. By setting the proposed garage back from the front of the existing house, the applicant has tried to mitigate as much of the non-conformance as possible. 3. Town Law 4267-bQ(WQ. The variance granted herein is mathematically substantial,representing 26%relief from the code. However,the proposed garage is set back as far as is feasible in the front of the house,and it does not require either side yard, or lot coverage relief. 4. Town Law §267-bQL41 U4 . 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 conditions of this board. 5. Town Lay K 2'6740)(WiQ., 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 a garage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. BZaQLUTIQN_OFTHE 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 Dantes,and duly carried, to GRANT the variance as applied for, and shown on the survey by Kenneth Woychuk Land Surveyor, last revised September 8, 2022, and also architectural drawings, pages Al thru A3 prepared by James Deerkoski, Professional Engineer,dated August 16,2022. SUBJECT TO THE FOLLOWING CONDMONS: 1. The shed at the southwest comer of the property is to be demolished and removed. 2. The shed adjacent to the rear of the house is to be moved into a conforming location. Page 3,February 16,2023 #7744,Spates SCTM No. 1000-126-9-21 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. IMPORTANT LIMITS ON THE APPROVAL GRANTED HEREIN Please head Careful Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays andlor a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, 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, demolitions, or demolitions exceeding lite scope of the relief granted herein, 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. TIME LIMITS ON TIIIS 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 TILE PROPERTY OWNER'S RESPONSIBILITY TO,ENSURE COMPLUNCE WITH THE CODE REOMED 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),Acampora, Dantes,Lehnert, and Planamento(5-0). Y 9 r Leslie Kanes Weisman, Chairperson ,Approved for filing e2/1 ,/2023