Loading...
HomeMy WebLinkAbout29667-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29773 Date: 10/17/03 THIS CERTIFIES that the building ACCESSORY Location of Property: 1240 LOVE LA MATTITUCK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 140 Block 1 Lot 23 .1 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 10, 2002 pursuant to which Building Permit No. 29667-Z dated AUGUST 25, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" ACCESSORY TWO CAR GARAGE AS APPLIED FOR PER ZBA #5335 DATED 7/10/03 . The certificate is issued to BLUEPOINTS COMPANY INC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A s //Auth/Ized Signature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 29667 Z Date AUGUST 25 , 2003 Permission is hereby granted to : COMPANY INC BLUEPOINTS PO BOX 8 WEST SAYVILLE,NY 11796 for AS BUILT ACCESSORY GARAGE AS APPLIED FOR PER ZBA DECISION # 5335 at premises located at 1240 LOVE LA MATTITUCK County Tax Map No. 473889 Section 140 Block 0001 Lot No_ 023 . 001 pursuant to application dated JANUARY 10 , 2002 and approved by the Building Inspector to expire on FEBRUARY 2 05 _ i�— Fee $ 150 . 00 i A hor ze Signature COPY Rev. 5/8/02 Form No.6 TOWS OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1.802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings,property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: l. Accurate survey of property showing all property lines, streets, building and inusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writin" to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling$25.00, Additions to dwelling $25.00, Alterations to dwelling$25.00, Swimming pool $'25.00, Accessory building$25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate ofOccupancy on Pre-existing Builcling- $100.00 3. Copy of Certificate of Occupancy - $.25 4 Upd ucd Ceiiificatc of Oecupaucy- $50.00 5 Temporal Certificate of Occupancy - Residential $15.00, Commercial $I5.00 Date. ._ 5� e7rtpC�)'/u New Construction _Old or Pre-existing Building: (check one) Location of Property: t240 Lot Lane mcrglfrbct //' House No. Street Hamlet Owner or Owners of Property: 80_ UeQO.Y1�5'�j•. ,(7YlC Suffolk County Tax Map No 1000, Section J40 Block I Lot 23,j Subdivision — Filed Map. Lot: Permit No. Z%(,7 – z Date of Permit. 1/ ?103 Applicant: G, Inc Health Dept. Approval: ►y(A - Underwriters Approval: rVIA Planning Board Approval: d"k4 __�S,MJ Request for: Temporary Certificate Final Certificate: (check one) Fee Submitted: $ 25-1 60 nr - Qr)ml�44 Applicant Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 21, 2003 AMENDED: March 10, 2003 TO: Craig Strong A/C Bluepoints Co. Inc. 1240 Love Lane Mattituck, NY 11952 Please take notice that your application dated January 10, 2003 For permit for an as built demolition and reconstruction of an accessory garage at Location of property: 1240 Love Lane, Mattituck, NY County Tax Map No. 1000 - Section 140 Block I Lot 23.1 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this 35,283 square foot lot in the Marine II District, isnot permitted pursuant to Article VII, Section 100-71.C.1, which states, "Accessory uses as set forth in and regulated by 100-31C(1) through (7) of the Agricultural- Conservation District and subiect to the conditions set forth in 100-33 thereof,"which states, "On lots containing between 20,000 and 39,999 square feet, such buildings shall be set back not less than 5 feet from any lot line." The "as built" garage is noted as being+/- 1.3 feet from the propertyline. Total lot coverage is +/-percent. This Notice of Disapproval was amended on March 10, 2003 to correct an error on the part of the building department. f razed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File f 0 u � 14 - -� I'TOWN OF SOUTHOLD 14OPERTY RECORD CARD OWNER STREET TZ VILLAGE DISTRICT I SUB. LOT Axe" FORM R OWNERJ N E '^ ACREAGE fir` 'K a �fi Lc :'c Cheep . . , I O -rI S W ) TYPE OF BUILDING �am�/�a11 0-f �OW< � I t-16VC # -Q2 4 d mt1{ RES. /J SEAS. VL FARM COMM. I IND. CB. I MISC. Est. Mkt. Value LAND IMP. � TOTAL DATE REMARKS 90d a2 <16a 33a6 ly c l �r ea .6 ego s3 V 3 ��"'?�/ sSSpGe2.(NC� H4 i �Trh 7a C4A7L ` 1"0°9/ rte © 3S:oa 3800 496 7 G q 958- 5c 3 -T YqH4Y I 8ro07Value i -1 X33- I-II I q 6' � ur' 4-D �t Z G� NEW NORMAL OW ABOVE FRONTAGE ON WATER Farm Acre Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK 1 Tillable 3 40 8k�2 Prn/5 CC?mLl G �?c Woodland o2a/ cJA-1- g o`j — t tit, `�� r d C uv or wr aT4 k Swampland ° Brushland House Piot Total "' w M TOWN OF SOUTHOLD PROPERTY RECORD CARD Ma 3v C� O �4� �_ � I nleT I SUB LOT OWNER STREETMav ( ACR. FORMER NER, N E ov S W TYPE OF BUILDING Qez)Yo+ c I Ifo oy RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS � vU ( UA Y Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD T..a..l T APPEALS BOARD MEMBERS �gUFFO(,�ea, y Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer H x P.O. Box 1179 George Horning O .F Southold, New York 11971-0959 Ruth D. Oliva X11 O ZBA Fax (631) 765-9064 Vincent Orlando a� Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 2003 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 10, 2003 Appl. No. 5335'-ALIJIEPOINTS CO.. INC. Property Location: 1240 Love Lane, Mattituck; 140-1-23.1. SEQRA DETERMINATION: 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 39,498 sq. ft. parcel has 214.24 ft. frontage along the east side of Love Lane at Mattituck Creek, in Mattituck, and is improved with a residence and 21.5 x 26' accessory garage as shown on the Young & Young, L.S. survey dated July 9, 1993. Subsequently, the 13.1' x 25.5 shed structure at the side of the accessory garage was removed. BASIS OF APPLICATION: Building Department's January 21, 2003 Notice of Disapproval, amended March 10, 2003, citing Section 100-71C.1 in its denial of a building permit for demolition and reconstruction of an accessory garage, "as built" in a location less than five feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant requests an area variance for the location of a rehabilitated garage located 1.3 feet from the rear lot line. The reconstruction and habilitation was performed during 2003, by the removal and replacement of wooden walls and roofing with cinderblock walls and a new wooden roof, over the existing foundation, a concrete slab, and foundation walls. The garage building is 21.5' x 26' x 16' high, which existed as a preexisting, nonconforming structure referred to in the Certificate of Occupancy#Z-13921 dated 10/10/85. ADDITIONAL INFORMATION: After discussions at. the June 19, 2003 public hearing regarding prior ZBA determinations for similar preexisting nonconforming setbacks, the Interpretation request was withdrawn by applicant's attorney. • Page2—July 10, 2003 Appl. No. 5335—Bluepoints Co., Inc. 140-1-23.1 at Mattituck REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The reconstruction and rehabilitation of the garage, as an accessory structure in the existing nonconforming location was necessary for storage uses related to the existing dwelling. The property is located in the Marine-II Zone District. The 1.3 ft. setback from the rear line is maintained in a preexisting footprint. 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 lot contains 38,498 sq. ft. to a tie line along the high water line of Mattituck Creek. The building is existed for many years in this location with a 1.3 ft. rear setback at its closest point. 3. The variance requested is not substantial, resulting in a 3.7 ft. reduction of the code requirement. 4. The difficulty was self-created when the property was purchased in 1994 with a garage in a location which did not conform to the current Town Code requirements. 5. No evidence has been submitted to suggest that the grant of the requested variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of garage reconstruction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE 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 Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the plan prepared by Chomo Associates dated 12/20/02 and survey prepared by Young &Young dated July 8, 1993. 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 Page 3—July 10,2003 Appl. No. 5335—Bluepoints Co., Inc. 140-1-23.1 at Mattituck features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and Oliva. (Absent was Member Horning.) This Resolution was d ept 4- LydiqoA. Tortora, Chairwoman—Approved for Filing 7/X9/03 --------------- M-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION IST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING [ FINAL [ ] FIREPLACE & CHIMNEY REMARKS: d E.ot i!— r f rr DATE ! INSPECTOR FIELD INSPECTION REPORT DATE COMMENTS � ro FOUNDATION(1ST) �, y Y # f ----------------------------------- Cr�' FOUNDATION(2ND) S z o C � z ROUGH FRAMING& rp H PLUMBING �v t" �7 INSULATION PER N.Y. STATE ENERGY CODE FINAL ADDITIONAL COMMENTS o 0 y a ' y a .. �r c ro y TOWN OF SOUTIIOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 3 sets of Building Plans v' TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502q Z Survey_ www.northfork.net/Southold/ PERMIT NO. 2 1 �y Check Septic Form N.Y.S.D.E.C. / Trustees Examined �i� X20 Contact: 6a, qTq �1`dal Approved 'J ,20� Mail to: V17AWp0:111;9 ( -, �m Disapproved arc Z( F0 Sow 3,W-JJ WMl , Wlrn,4 —T Phone: 631-b)` 0125 Expiration -,20 ildi pector APPLICATION FOR BUILDING PERMIT IN Date fC,iTX ary 5 20_b3 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building perm t shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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, or 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 for necessary inspections. B&CVeinks r� hXe- (Si nature of applicant or name,if a corporation) ;0D tklx'$ hl Sa061 e, N y' /17 9.6 (Mailiny address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder awnet- Name of owner of premises 81ue> wa'6s ( 0;, yy)G (As on the tax roll or latest deed) If applicant ' a corporation signat e of dul authorized officer (Name d title of corp to officer) Builders License No. ;Z6.77 3 HI Plumbers License No. — Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ✓2110 lore 1 ma�i'itack NY House Number Street :Hamlet County Tax Map No. 1000 Section 140 Block J Lot 23 1 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy oc b. Intended use and occupancy pru 3. Nature of work (check which applicable): New Building X Addition Alteration Repair Removal Demolition Other Work 00 (Description) 4. Estimated Cost 19,(9L` —0, Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 2 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. s I 7. Dimensions of existing structures, if any: Front 26r Ream Depth 21.5 Height /6' Number of Stories Dimensions of same Strijcture with alterations or additions: Front Real Depth Height Number of Stories 8. Dimensions of entire new construction: Front 2 L' Rear_ 2L Depth 2115 I Height /b' Number of Stories / 9. Size of lot: Front p, 2 N-1,2 y Rear 2 5 5. 32 Depth 106t: 16343 10. Date of Purchase /7!/ l i' R71Y Name of Fotrner Owner 17.2 his z ret . 11. Zone or use district in which premises are situated 172 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_NO_ Will excess fill be removed from premises? YES_NO_ 14. Names of Owner of premises l 7m4b5 c JAddress D�S&U'1a k Phone No. 5SS 0/23 Name of Architect ['hFyno "fCl r Address 355 _ Hone No Name of Contractor ampA (an - v Address 3 S4 Phone No. 6-31-315- 3 963 fyaus76u NY 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) . I SS.- COUNTY S:COUNTY OFFtul Cra Syt X091 P being duly swom, deposes and says that (s)he is the applicant (Name of iri&vidual si contract) above named, (S)He is the Cha � A/ Par_ (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 knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this �o day of 20_P3 Notary Pu 1c STEVEN M. LUCAS lgnalure of Appy t Notary Public, State of New Wrk No. 01LU4622115 Qualified In Suffolk Courl, Comnussion Expires May 31, w� BEFORE THE TOWN OF SOUTHOLD BOARD OF APPEALS -----------------------------------------------------X In the Matter of the Application of : CRAIG STRONG o/b/o THE BLUEPOINTS COMPANY, INC. , for an interpretation of the need for a variance frott setback requirements and, if so, for such variance . Address : Love Lane; SCTM 1000-140 . 0-01 . 00-023 . 001 -----------------------------------------------------X CONTENTS• Pages Item 1-3 Application to Board of Appeals (dated 03/11/03) 4 Project Description 5 Questionnaire 6 Transactional Disclosure Form 7-8 SEQRA Short Environmental Assessment Form 9-15 Addendum to Application to Board of Appeals 16 Agent Authorization Exhibit 1 Certificate of Occupancy (10/10/85) Exhibit 2 Application for Building Permit (01/08/03) Exhibit 3 Notice of Disapproval (Amended - 03/10/03) Notice of Disapproval (Initial - 01/21/03) Exhibit 4 Interpretation (01/29/02) - Application of Roger and Leslie Walz - App1 . No. 5039 * Survey showing "as-built" garage and removed shed provided separately. Dated: March 18, 2003 Bellport, New York ' J. Lee Snead, Esq. Attorney/Representative ' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 1240 Street Love Lance Hamlet Mat6fack SCTM 1000 SectionL1140 1 Lot(s) 23.1 Lot Size , 9L •e.Zone District im -ff I (WE) APPEAL THE WRITTEN DET AMINATION OF THE BUILDING INS ECTOR DATED: jamary 21,2002 I *44,t /D L003 (!¢#10.0,00,0 Applicant/Owner(s):_ ��Oint5 Cp•� 1DG Mailing Address: Manti c �Ive_,' R O 80X 8�W S � N_Y• i 11796 Telephone: NOTE: 1f applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: J . L Oe 5i ,,AJ_ 46TA_ Q Address: tc, .tiff, //7/3 Telephone: 3/ ! 2 1-6 - 2 f G G Please specify who you wish correspondence to be mailed to, from the above listed names: (Applicant/Owner(s) )(Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 410163 FOR: X Buiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use O Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article -VFF' $M. Section 100- Subsection Type of Appeal. An Appeal is made for: 2• ) A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. 1, (Interpretation of the Town Code, Article /O0-L 4 2 Section ❑ Reversal or Other A prior appeal❑ has W has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): pt EASE Set AIYAcHGO A444LA7104E ga,orNd &'r ;6'L I -S' (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: rhea is a /ebuilcl,Usin9 Ae same. �ouMalion, T &or low block wall- same r'V_ 1:11mensJ015 (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( X) Yes,or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. (s) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, Please Proceed to the signature and notary area below. Signature o ppellant or Auf orized Agent Sworn to before me this (Agent must submit Authorlzdftfon from Owner) /1'114 day f ..MAA i0M..., 2003. SEE �QDDS�✓O�r 1_2� Fi,0 AZ / 41W6 (No4ary Public) ZBA App 9/30/02 J.Notary P blI 8 State of N&York Qualif ed In Sutloik County Commission Expires July 11,26_6 Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE frf requested): No7 �Pi�/c.tljG For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property Is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the slanature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) day of .................... 200 . (Notary Public) ZBA App 9/30/02 PROJECT DESCRIPTION ee (Please include with Z.B.A. Application) Applicant(s): Tye Ot V P0i✓Tf COAV 00#4 u idG. I I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: A0• ✓L Square footage: — B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Z /. S X Z G• O Square footage: S'S-4 ti. A3,- 11. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: As- III. Purpose a/n�d use of new construction requested in this application: c ♦Ig40/6.1L&T4,.✓ ,at P/e t • ,i:�c/f7i✓t .VI,N- 4&& POA ✓t• J'rA ac•T,I.L IC Ute! Erif710o6 /•a✓d&70'�ei /C *NEE Z✓ALOS - IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Sr[ flOOic�lA00" .4v,VFx0fA ry do&A, dr AA,10,4cr awT...✓ V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (76.5-/802) or Appeals Department (765-1809) ifyou are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes )(No B. Are there any proposals to change or alter land contours? ❑Yes qLNo C. 1) Are there any areas that contain wetland grasses? A10 2) Are the wetland areas shown on the map submitted with this application? 7.0S 3) Is the property bulk headed between the wetlands area and the upland building area? 7e s- 4) 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? A0 n D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NIA (If not applicable, state 'Wa".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? AL*-*-C— Ado (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? PO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel H4A6 f4 .w Ta4.6y#7N A.rr,040.f 7-d and proposed use QQJt",14,9N6K Ttit Oor��l+•.a7f C,r../.F.iy, 1nJc . Authorized S' nature and Dab G E C,e,e. . 5 rA o.*,A. 447.CA: APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOURNAME: 7•,E �i+r,OPAAOO, . 6At16 S70>&* -it.to (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: -i T 4070 A.A.4 7.4 710&4 •F- ZI AI/✓b 4y 0 Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this // f4 ay of ^+A4A, 2 d0 3 Signature,__ Print Name: iF 4044 ice As,,4 ✓T PROJECT ID NUMBER 817.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by A plicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME THE BLUEPOINTS COMPANY, INC. LOVE LANE-GARAGE REHABILITATION 3.PROJECT LOCATION: MATTITUCK-TOWN OF SOUTHOLD SUFFOLK Municipality County 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide maD LOVE LANE AT MATTITUCK CREEK- SCTM# 1000-140.0-01.00-023.001 5.IS PROPOSED ACTION: © New El Expansion El Modification/alteration NP �t IA✓ /Y,✓ I♦ IFraKI B.DESCRIBE PROJECT BRIEFLY: Request to the Town of Southold Board of Appeals for an interpretation of the Town Zoning Code (sect. 100-242(A)) with regard to the as-built rehabilitation and reconstruction of a pre-existing non-conforming garage on the same footprint and to the same height as originally existed or, in the absence of applicability of sectoin 100-242(A);for a variance from section 100-33(B) of the Town Code. T AMOUNT OF LAND AFFECTED: Initially .96 acres Ultimately .96 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes P/ No If no,describe briefly: Interpretation question - may comply. 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ❑✓ Residential ❑Industrial a Commercial Agriculture ❑1 Park/Forest/Open Space Other (describe) Mixed-use neighborhood: Some residences, professional office; marina operation - lot in question is a mariculture facility with associated residential use. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) 21Yes 1:1 No If yes, list agency name and permit I approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes zNo If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ves ✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name J. Lee Snead, Esq. - Attorney/Agent Date:March 10,2003 Signature ---- -_— _--- ---__--__---- If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. ❑Yes 2y No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑ Yes 2] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: None C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: None C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: None C4. A community's existing plans or goals as officially adopted,or a change In use or intensity of use of land or other natural resources?Explain briefly: None C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: None C6. Longterm,short term,cumulative,or other effects not identified in Ci-05? Explain briefly: None C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If yes,explain brieFl : ❑ Yes z No E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex Iain: Yes a No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directlyto the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Town of Southold-Board of Appeals Name of Lead Agency Date Print or Type Name of Responsible Officer In ea gency Title of Responsible Officer Signature of Responsible Officer in Lea gency Signature of Preparer(if different from responsible officer) BEFORE THE TOWN OF SOUTHOLD BOARD OF APPEALS ---- --------- ---- ----------- ---------------- -- -------X In the Matter of the Application of : CRAIG STRONG o/b/o THE BLUEPOINTS COMPANY, INC. , for an interpretation of the need for a variance from setback requirements and, if so, for such variance. Address : Love Lane; SCTM 1000-140 . 0-01 . 00-023 . 001 ---------- -------------------------------------------X NARRATIVE ADDENDUM TO APPEAL APPLICATION Purpose of the Application: 1 . This application seeks : (1) an interpretation from the Board of Appeals regarding the applicability of Town Code § 100- 242 (A) to a like-kind rehabilitation of a pre-existing non- conforming garage (approx. 21 . 51 (depth) x 26 . 0 ' (width) x 16 . 0 ' (height) ) in the rear yard of the premises on exactly the same footprint and exactly the same dimensions (no increase in the area of nonconformance) and, in the event that § 100-242 (A) is deemed to be inapplicable; (2) a variance in order to legitimize the re- habilitation of the pre-existing garage . The request for an interpretation and application of the Town' s zoning ordinance as it applies to the present application is made pursuant to New York Town Law § 267-b (1) , and should a variance be determined to be necessary, such request is made pursuant to Town Law § 267-b (3) . Existing Conditions: 2 . The parcel in question is located on Love Lane and adjacent to Mattituck Creek. The lot is nearly one acre in size (38, 498 sq. ft . ) and located within the "M-II" (Marine) zoning district . The premises are used as a residence for an employee of the Applicant in the operation of a mariculture facility. The garage is used by the occupant of the residence and as storage for various equipment used by the Applicant in connection with the approved mariculture use of the parcel . Accordingly, the use of the premises is in conformity with the Town Code § 100-121 (A) (6) . 3 . Presently, the lot is improved with a single family, single story home, with a wood deck porch on the front of the home; and with a modest 21 . 5 ' x 26 . 0 ' x 16 . 0 ' single story garage . This garage extends to within 1 . 3 ' of the rear lot line and is the subject of this application. See, Survey. 1 4 . The parcel is the subject of a Certificate of Occupancy for a Non-Conforming Premises (#Z-13921, dated 10/10/85) which affects both the land and the buildings . Specifically, the Certificate of Occupancy certifies that the : "Property contains a one story; one family, wood framed dwelling with detached accessory garage & storage building. Property also contains fencing on the front, rear & south side yard. North side yard contains concrete wall . Property situated in the A-Residential- Agricultural Zone with access to Love La . a Town maintained road. " See, Certificate of Occupancy, annexed hereto . 5 . The parcel was purchased by the Applicant in 1994 , substantially as is . The lot is fenced along roughly two-thirds of the back yard lot line and in an area adjoining the garage at issue . The neighborhood is a mixed use neighborhood, with a marina immediately to the southwest and a doctor' s office to the south across Love Lane; an apparently abandoned and burned out home to the north-northeast ; a residential structure to the immediate southeast; and residential structures to the north and east . To the north and west is Mattituck Creek. The Garage Avvlication: 6 . As is shown on the attached survey of the property, the garage in question (highlighted in yellow) is pre-existing and is regular in shape . The garage, as originally built, is located within 1 . 3 ' of the rear lot line, and not in conformity with § 100- 33 (B) which requires a set-back of five (5) feet . Thus, a 74% variance from the strict interpretation of the Code is required. Please note that the 25 . 5 x 13 . 1 ' structure noted on the survey as a frame shed ( "Fr. Shed" ) has been removed (highlighted in pink) . The Applicant has removed a pre-existing non-conforming structure, rendering the lot in greater conformity than when it was purchased. 7 . On January 8, 2003 , the Applicant sought a building permit to legitimize the rehabilitated garage, rehabilitation having occurred in 2003 by the removal and replacement of wooden walls and roofing with cinderblock walls and a new wooden roof . See, Building Permit Application, annexed hereto. The rehabilitation was performed on the existing foundation (concrete slab) and foundation walls (3 . 0 ' high cinder-block) . At the time of the rehabilitation, the Applicant was not aware of any building permit requirement to perform a like-kind rehabilitation of the pre-existing garage and, it appeared that § 100-242 (A) applied. 2 8 . On January 22 , 2003 , the Building Department issued a Notice of Disapproval . On March 10, 2003 , the Building Department amended the Notice to reflect a change in the zoning classification. Accordingly, this application for a variance to the setback requirement of Town Code § 100-33 (B) is timely. Town Law § 267-a (5) (b) . See, Notices of Disapproval , annexed hereto. 9 . As grounds for denial of the building permit, the March 10 Notice of Disapproval states : "The `as built ' construction, on this 35, 283 square foot lot in the Marine II District, is not permitted pursuant to Article VII [XII] , Section 100-71 .C. 1 [100- 121 (C) (1) ] , which states : "Accessory uses as set forth in and regulated by 100-31C (1) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in 100- 33 thereof, " which states, "On lots containing between 20 , 000 and 39, 999 square feet , such buildings shall be set back not less than 5 feet from any lot line . " See, Notice of Disapproval (annexed hereto) . Accordingly, application is made to the Board of Appeals for an interpretation as to the applicability of Town Code § 100-242 (A) and, in the event that such is inapplicable, as to the need for a variance from the strict application of Town Code § 100-33 (B) (2) , to authorize the retention of the rehabilitated garage in the same place and size it occupied at the time of the creation of the Zoning Code, and as purchased by the Applicant . THE INTERPRETATION APPLICATION 10 . As noted above, this application seeks an interpretation of the applicability of Town Code § 100-242 (A) in this matter. 11 . The subject premises is located in the Marine-II zoning classification. Moreover, in light of the fact that the use made of the garage is authorized pursuant to section 100-33 of the Town Code, it is arguable that section 100-242 (A) applies to the matter as the actions at issue deal with the rehabilitation or reconstruction of an nonconforming building with a conforming use . 12 . In support of its application for an interpretation, the Applicant notes that Section 100-242 of the Town Code provides : "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a 3 nonconforming building containing a conforming use, provided that the action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings . " See, Town Code § 100-242 (A) . 13 . In further support of the interpretation request, the Applicant takes note of a recent interpretation of the Board of Appeals, dated January 24 , 2002 , in the matter of Roger and Leslie Walz . The Walz interpretation clearly notes the following : "Remodeling, reconstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create [any] new conformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. An increase in the degree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontally, where none existed before. " See, Interpretation, dated 1/9/02 , annexed hereto (underline and italic original , bold added) . 14 . As has been noted above, the rehabilitation of the garage at issue constitutes a like-kind replacement of only the wooden portion of the building, on exactly the same concrete slab and cinder-block wall foundation, and in exactly the same height dimension as was pre-existing on the premises . No areal extension of the garage outside the footprint of the originally existing structure was made, nor has an increase in the original height occurred. Accordingly, the Applicant believed that the provisions of Town Code § 100-242 (A) applied because the rehabilitation of the garage did constitute "a vertical or horizontal expansion" and did not create "a new area of nonconformance, either vertically or horizontally, where none existed before" 15 . Accordingly, the Applicant respectfully seeks an interpretation from this Board that § 100-242 (A) is applicable . 4 THE VARIANCE APPLICATION 16 . In the event that the Board determines that Town Code 100-242 (A) is inapplicable to the garage rehabilitation, the Applicant seeks a variance from the strict application of § 100- 33 (B) (2) . The grounds supporting this request (as referenced by the Town' s Appeal Application) are provided below. PART "A" - AREA VARIANCE REASONS - (1) Consistency with the Neighborhood: 17 . It is noted that the garage pre-dated the Applicants' purchase of the premises and was rehabilitated in exactly the same footprint and to the same height as the pre-existing garage had been. The use of the garage has not changed and is consistent with the size and location of other garages in the neighborhood. Indeed, the Applicant' s next-door neighbors to the northeast, south and in the neighborhood to the east . Indeed, the neighbor immediately adjoining the property to the northeast has a garage of similar size (25 . 0 ' x 12 . 01 ) located immediately behind the Applicant ' s garage, and within 3 . 5 feet of the common lot line . See, Survey. Also, the adjoining neighbor to the southeast has a larger garage on its property that encroaches the 5 . 0 ' setback requirement on two sides . 18 . In light of the fact that : (1) the size of the garage' s non-conformity is the same as it has always been; (2) that its use is both authorized and consistent with residential uses in the area, and; (3) that a denial would work a hardship by requiring the owner to completely destroy the building and reconstruct it in another location - an obvious economic hardship - the request is both reasonable and will not cause a detriment to the neighborhood. Thus, the benefit to the Applicants from an approval of this request outweighs the detriment to the neighborhood. Village Law 7-712-b (3) (b) . (2) BENEFIT SOUGHT TO BE ACHIEVED: 19 . The Applicant has expended over $18, 000 . 00 in the rehabilitation and did so in the belief that no permit or variance was required. While it would have been possible for the Applicant to have completely removed and reconstructed a new garage in a location in conformity with the strict application of the Town Code, a rehabilitation of the garage would not have been possible without the need for this variance . 5 (3) SUBSTANTIALITY OF RELIEF: 20 . Town Code § 100-33 (B) (2) requires that the garage be no less than five feet (5 . 01 ) from any lot line . The existing garage is within 1 . 3 feet of the lot line, which constitutes roughly a 74% variance from the strict application of the Town Code. The Applicant acknowledges that the variance is substantial in terms of mathematical deviation from the standard, but suggests that the factors identified in paragraphs 17 through 19 above outweigh the mathematical substantiality of the variance requested. (4) IMPACT ON THE NEIGHBORHOOD: 21 . A review of the properties immediately adjoining the subject premises, and the surrounding neighborhood, reveals that the continued use of the garage and its size and location are in conformity with the neighborhood. Accordingly, no adverse effect upon the physical or environmental conditions of the neighborhood will be created because the application is to legitimize exactly the same size structure that has existed on the site since prior to creation of the zoning code . Indeed, the rehabilitation of the structure has visually improved the structure, which can be viewed as a benefit to the community. (5) SELF-CREATED HARDSHIP: 22 . As is noted in the Certificate of Occupancy, the garage at issue pre-existed the requirement of Town Code § 100-33 (B) (2) and the Town' s building and zoning ordinances . Accordingly, the request for a variance, to the extent one is needed, is not self- created but has been created by changes to the Town Code . Conclusion• For the foregoing reasons, the Applicant suggests that the variance it seeks is in conformity with the character of the surrounding neighborhood, will cause no detriment to adjoining neighbors, will allow it to utilize their modest property to its full advantage and, on balance, that the benefit to their property will far outweigh any perceived detriment to the community. Accordingly, the Bluepoints Company asks this Board' s approval of the requested variance to its property. Respectfully submitted, J. tee 5 ead, Esq. 6 BEFORE THE TOWN OF SOUTHOLD BOARD OF APPEALS ------------ ---------------- - - ------- - - ------- --- ----X In the Matter of the Application of : CRAIG STRONG o/b/o THE BLUEPOINTS COMPANY, INC. , for an interpretation of the need for a variance from setback requirements and, if so, for such variance. --------- ----------------------------------------- ---X VERIFICATION OF APPLICANT AND AUTHORIZATION OF REPRESENTATIVE CRAIG E . STRONG, having first been duly sworn and under penalty of perjury, affirms : I am the Vice President of The Bluepoints Company, Inc . , owner of the subject premises; I am authorized by the Corporation to submit this Application for an Appeal of the determinations of the Town Building Department, dated January 21, 2003 and March 10 , 2003 ; I have reviewed this Narrative Addendum to Appeal Application and agree with and affirm that the factual statements made herein are, to the best of my knowledge, true and accurate and; I have been authorized by the Corporation to engage J. Lee Snead, Esq. as the Agent for the Corporation in making and handling this Appeal, and Mr. Snead is so authorized. Dated: March 11, 2003 West Sayville, New York THE BLUEPOINTS COMPANY, INC. ;af gyp By: Craif E. Stron - V. P. J.LEE SNEAD,ESO. Not" N W0228NO030228Yorktibf Ouelifled in Suffolk County Commbslon Explms July 11,26 fc 7 s ' TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /X/ Land Pre C.O. Z13921 Building(s) Date- Oct. 10,1985 Use(s) located at 1240 Love Lane Mattituck Street Hamlet shown on County tax map as District 1000, Section 140 Block 01 Lot p/o 016.4 , doesknot)conform to the present Building Zone Code of the Town of Southold for the following reasons; Insufficient total area. Insufficient rear yard set-back on dwelling and accessory garage. Non-Conforming accessory in side yard. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming T/Land /X/Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a one story; one family, wood framed dwelling with detached accessory garage & storage, building. Property also contains fencing on the front, rear & south side yard. North side yard contains concrete wall Prop- erty situated in the A-Residential-Agricultural Zone with access to Love La. a Town maintained road. The Certificate is issued to GATZ, MARILYN (owner, -lesseeon-ten?&vA)- of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes-and regular tions. eGL_Ce�= . Building inspector !'- SOUTHOLD TOWN OF WILDING'PERMTT APPLICATION CHECKLIS' DEPARTMENT TOWN HALL Do you have or need the following,before applying SOUTHOLD,NY 11971 Board of Health TEL:(631)765-1802 3 sets of Building Plans ✓ FAX:(631)765-9502 Planning Board approval www.northfork.net/Southold/ PERMIT NO. Survey v Check Septic Form N.Y.S.D.E.C. Examined-,20 Trustees contact: (j,� row Approved ,2U Disapproved a/c Z/ Mail to: mar, j.,,-- N.&N 8 W S i 1UYtrt Expiration Phone: &W-;5W9-0123 ,2U ector r "r 1 i APPLICATION FOR BUILDING PERMIT Date Er 20 L3 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building sets of plans,accurate plot plan to scale.Fee according to schedule. Inspector with 3 b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after,the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. 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,or 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 i admit authorized inspectors on premises and in building for necessary inspections, .CMl�tnic �n Jf�/' (Signature of applicant or name,if a corporation) /1/OK (Mawaddress of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Owx Name of owner of premises J If applicant' (As on the tax roll or latest deed) �co ation signs e of d�autho�r�izedfficer(Name d titleof corp too cer Builders License No. 26718141- Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: >>lo House Number Street Mff4ftle- NY )Htttmlet County Tax Map No. 1000 Section 1140 Block c', r Subdivision Lot .?3�� (Name) Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy gar b. Intended use and occupancy 3. Nature of work(check which applicable):New Building x Addition Alteration Repair Removal Demolition Other Work 00 (Description) 4. Estimated Cost 4FISS � Fee 150r (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 2 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front 26� Rear 26 Depth 21.5 Height Aof Number of Stories I Dimensions of same structure with alterations or additions: Front Rem Depth `' Height Number of Stories ! 8. Dimensions ofent�estewconstruction:Front 26� Rear 246 Depth 21-5! Height 6 Number of Stories / 9. Size of lot:Front l J4.2Y Rear a 55.32 Depth %67'6G}*:1683 10.Date of Purchase t/99K Name of Former Owner ?72pr/4" Gertz . 11.Zone or use district in which premises are situated /`M2 12.Does proposed construction violate any zoning law,ordinance or regulation?YES NO 13.Will lot be re-graded?YES NO_ Will excess fill be removed from premises?YES NO ' 14.Names of Owner of premises f a 7 Address AQ&BX/ r k Phone No. 5"-612 3 Name of Architect U'W^0 Aadts6tY Address 353' 4rone No 105--538-;262E) Name of Contractor 2&VX^ Address 8 Phone No. 631-3/5- 3 763 ,)OLIa"Ou Afr 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO *IF YES,SOUTHOM TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES_,__NO_ *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) C SS: COUNTYOF c' cini2£'St rnp t being duly swom,deposes and says that(s)he is the applicant (Name of irk1hridual si contract)above named,07�`lb de (S)He is the G raw'- (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 knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this • day of 20� dx�64 Notary Pu rc M rgnature of Appl' t WNOMa , St9U of&YMtw. 1w4am1a eoe n*elan 81, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 21 2003 TO: Craig Strong A/C Bluepoints Co. Inc. AMENDED: March 10 2003 1240 Love Lane Mattituck,NY 11952 Please take notice that your application dated January 10. 2003 For permit for an as built demolition and reconstruction of an accessory garage at Location of property: 1240 Love Lane, Mattituck NY County Tax Map No. 1000 - Section 140 Block 1 Lot 23.1 Is returned herewith and disapproved on the following grounds: The"as built"construction on this 35,283 s uare foot lot in the Marine II District is not permitted pursuant to Article VII Section 100-71 C 1 which states "Accessory uses as set forth in and regulated by 100-31C(1) through (7) of the Agricultural Conservation District and subject to the conditions set forth in 100-33 thereof"which states "On lots containing between 20,000 and 39 999 square feet such buildings shall be set back not less than 5 feet from anv lot line." The"as built" garage is noted as being+/- 1.3 feet from the property line Total lot coverage is +/- 6 percent This Notice of Disapproval was amended on March 10 2003 to cupreo an error on the part of the building department. y Aut orizeiig�n;ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 21, 2003 TO: Craig Strong A/C Bluepoints Co. Inc. 1240 Love Lane Mattituck,NY 11952 Please take notice that your application dated January 10, 2003 For permit for an as built demolition and reconstruction of an accessory garage at Location of property: 1240 Love Lane, Mattituck,NY County Tax Map No. 1000 - Section 140 Block 1 Lot 23.1 Is returned herewith and disapproved on the following grounds: The"as built"construction, on this 35,283 square foot lot in the Residential Office District is not permitted pursuant to Article VII, Section 100-71.C.1,which states, "Accessory uses as set forth in and regulated by 100-31C 1 through (7)of the Agricultural- Conservation District and subject to the conditions set forth in 100-33 thereof,"which states "On lots containing between 20,000 and 39,999 square feet, such buildings shall be set back not less than 5 feet from any lot line." The"as built"garage is noted as being+/- 1.3 feet from the property line. Total lot coverage is +/- 6 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File APPEALS BOARD MEMBERS Southold Town Hall erard R Goehringer, Chairman53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora Southold,New York 11971-0959 Lora S. Collins • ZBA Fax(631)765-9064 George Horning Telephone(631)765-1809 BOARD OF APPEALS Le TOWN OF SOUTHOLD 000 .0 AM MEETING OF JANUARY 24, 2002 20 Appl. No. 6039—ROGER AND LESLIE WALZ STREET& LOCATION: 2606 Old Orchard Road, East Marion SLDr,.()1EPT- DATE OF PUBLIC HEARING: November 15, 2001; November 29, 2001. FINDINGS OF FACT IN THE MATTER OF ROGER AND LESLIE WALZ,APPLICANTS, FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXIV Section 100-242A, entitled "Nonconforming buildings with conforming uses", to reverse the Building Inspector's determination rendered in the May 2, 2001 Notice of Disapproval. BASIS OF APPEAL: Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2, 2001, Notice of Disapproval for a building permit to construct a second- story addition to a one-family dwelling. The May 2, 2001 Notice of Disapproval recites the following: "Proposed addition not permitted pursuant to Article XXIV Section 100-242A which states, Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provide that such action does not create any new nonconformance or Increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line. The addition of the second floor represents an Increase In the degree of nonconformity." PROPERTY DESCRIPTION: The subject property Is a nonconforming lot, containing approximately .25 acres, located at 2505 Old Orchard Road, East Marion; SCTM 100-37-6-5. The lot is improved with applicants' house, which is a one-story building with side yards that are nonconforming under Section 100-242A for nonconforming lots, which requires a minimum side yard setback of 10 ft. and a total of 25 ft.for both side yards.The building has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line. RELIEF REQUESTED: Applicants request the Board of Appeals to reverse the Building Inspector's determination that the proposed second-story addition over the "footprint" of the existing house represents 11 an increase in the degree of nonconformity" per Section 242A. They contend Page 2—January 24,2002 Appl. No. 5039—R. and L.Walz 1000-37-6-5 at East Marion that the Building Inspector improperly applied Section 242A, and request an interpretation of the code provision. Applicants request the Board of Appeals to reverse the Building Inspector's determination on the following grounds: 1. Applicants maintain the second-story addition does not constitute an "increase In the degree of nonconformity" because the addition "goes up and not out", and Is therefore no closer to the lot line. 2. Applicants contend that the degree of nonconformity should be measured as the horizontal distance from the "footprint" of the existing nonconforming building to the property line. Applicants acknowledge that existing side yard set backs are nonconforming and that the second-story addition would retain the nonconforming setbacks. However, applicants maintain that there is no change in the degree of nonconformity since "nothing is closer than that which exists" and therefore the code requirement is met. WHEREAS, the following code provisions are pertinent to this request: I.Article XXIV Section 242A, Nonconforming buildings with conforming uses, reads: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. II. Section 100-13 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE -- A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained after the effective date of these regulations. WHEREAS, The Zoning Board of Appeals held public hearings on the matter on November 15, 2001 and November 29, 2001, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations of members of the board and other evidence, the Zoning Board rinds the following facts to be true and relevant.- 1. elevant.1. The head of the Building Department testified that an increase in the degree of nonconformance will occur if the new construction or renovation to a nonconforming building is located at/ or closer to the pre-existing nonconforming set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, S Page 3-January 24,2002 Appl. No. 5039-R. and L.Walz 1000-37-6-5 at East Marion and the proposed single-story addition is set back 3 feet 10 inches, there would be no Increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the exact footprint of a nonconforming building would Increase the degree of nonconformity, but if the second- story addition were set back more than existing footprint, for example 3 feet 10 inches, no increase in the degree of nonconformance would occur, and the code provision of Section 242A would be met. 2. In examining the provisions set forth in 242A, the Board finds that the degree of a building's existing nonconformity is clearly established by the three-dimensional space which does not comply with the regulations aertaininn to such buildings. For example, if the code requires a minimum side yard set back of 10 feet, and a single-story building's has a nonconforming set back of 3 feet, the degree of nonconformity is the 10 ft. by 20 ft. area, or 200 sq. ft. space which occupies the 10-foot, non-permitted building, side yard area. The degree of existing nonconformance has been established by the space which does not comply with the zoning regulations. 3. The Board finds that pursuant to section 242A, if the new construction, remodeling, reconstruction, or addition, to a nonconforming building creates a new area of nonconformance, where none existed before, the degree of a building's nonconformity will be increased. For example, if the building's nonconforming 10 ft. by 20 ft. dimensions are expanded, any part of the new construction which encroaches into the 10-foot, non- permitted building, side yard area would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformity. Similarly, if a second- floor were added straight up over the nonconforming 10 ft. by 20 ft. area, the addition would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the building's existing footprint does not increase the degree of nonconformity, we find no legal basis for this conclusion. The second-floor addition will increase the building's established degree of nonconformity because there would be more area, more square footage, more volume, and more building within the 10-foot, non-permitted side yard area. Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity,where none existed before. 5. The Board agrees with the Building Inspector's determination that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 6. The Board finds that there is no basis in Section 242A to substantiate the Building Department's position that permits a nonconforming structure to expand into a nonconforming area if the expansion is an inch less or a foot less than the existing building's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could be viewed as arbitrary + L• , ti• a � • r ' A Page 4—January 24, 2002 Appl. No. 5039—R. and L.Walz 1000-37-6-5 at East Marion because the three dimensional space within which a structure is permitted to be built on a lot is defined by the town code regulations governing building set backs, maximum height and bulk. NOW, ON MOTION BY MEMBER TORTORA, SECONDED BY CHAIRMAN GOEHRINGER, BE IT RESOLVED, that the Board of Appeals Interprets Article XXIV, Section 242A to mean that: Remodeling, reconstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create and new nonconformance or Increase the degree of nonconformance with regard to the regulations pertaining to such buildings. An increase in the decree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontally,where none existed before. NOW,THEREFORE BE IT FURTHER RESOLVED to DENY the applicants' request to reverse the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Horning. NAY: Member Dinizio (voting against the decision for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted (4-1). Drawing Addendum Attached for Filing wit ecislo " Gerar ,. Goehringer, Chairman Approved • a F - , a A O • Southold Town Board of Appeals Drawing Addendum to Appeal No. 5038 for an Interpretation of Article XXIV, Sections 100-242A, of the Code of the Town of Southold, entitiled "Nonconforming buildings with conforming uses. Figure A and B are an example of a pre-existing single-story building with a noncomforming side yard set back of 3 feet, instead of the code-required 10-foot minimum. As noted in the decision, the three-dimensional space within which a building is permitted to be built on a lot, or a nonconforming building permitted to expand, is defined by the town code regulations governing building set backs, maximum height and bulk, and lot coverage. Figure A-Hozizontal View lot line T minimum front yard Permitted building area within ::.>:<::::•:<:::;<:::.' :;:::�:.,:; ::: ::<:.. >'<:: <<'fvw which a nonconforming buit in '>:::;{:<:::•: containing a conforming use may `.>ryy{°.'• •• ''$ ">>« `.' be remodeled reconstructed or enlarged,which will not create :•iy;h+ _,:��: -----------.- _,, any new nonconformance or increase minimum `< r#}°`> Pre-existing ; the degree of nonconformance with <--side yard sir�gtestory building regard to with nonconfoming 3 the regulations pertaining to such side and setback buildings. ::>'i:::iyiii:Si':;;•'f,.•:^:';}::<•}:ii :..,.;i:<•i:i / ......... ........... minimum side yard minimum rear yard Non-permitted building area within which an increase in the degree of nonconformance will Figure B-Vertical View ;� '� occur, and/or which will create a new area of nonconformance where none existed before,if the ......................... ................. nonconformin building is ..:... .. .Y:.Y:. . / g remodeled reconstructed or enlarged either vertically or horizontally. 35 ft maximum height i d de ar Y E- 10 ft minimum side yard setback C?FT=LCE — ,a ic& ceH- Icc-� cIr wLU lae rey ) (reeD, COMPLY WITH ALL CODES OF �l APPROVED AS NOTED NEW YORK STATE&TOWN CODES �yb6� AS RrpO RED AND CONDITIONS OF DATE 9•P'4 �/� / SOUTHOLDTOWNZBA FEE: IJ 9V: SOUTHOLD TOM PLANNING WO 765-"OT, BUILDING DEPARTMENT AT SOUTHOLD TOWN TRUSTEES T�..tgDp BAM TO 4PM FOR THE FOLLOWING INSPECTIONS: N.YS.DEC 1. FOUNDATION - TWO REQUIRED aH FOR POURED CONCRETE 2. ROUGH - FRAMING d PLUMBING OCCUPANCY OR 3. INSULATION 1. FINAL - CONSTRUCTION MUST USE IS UNLAWFUL BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW WITHOUT CERTIFICATE YORK STATE. NOT RESPONSIBLE FOR IGN DESOR CONSTRUCTION ERRORS. OF OCCUPANCY ALL CONSTRUCTION SHALL FLOOD ZONE �g MEET THE REQUIREMENTS OF THE COMPLY WITH CHAPTER"46• CODES OF NEW YORK STATE. SOUTHOLD DAMAGE TION OLD TOWN CO E z Le _ INaung IAVu1 11d P . of 70 U 41arMq 9'.j PPP4 w 0 Q 1 P I k Nngly 1. � 20� • r fO ti4-1 /'O UP • 1 A N e` N �� °. O c e v I � ` got` O /Y av y'd ± Fy ar No WEST ELEVATION <�� 2j9291 a a6a� a o yµ � g / ' FLOOR PLAN � xi0 ,QKtBt =A,TPVQt� SHiA�e[cs SCa1e:1/4"_1'-0" �,, ee¢ �Fll /--- •�-V_ t 99 �b •y OOJ�j-��� NOTE- • = MONUMENT FOUND We to 1W It­ _-4CyfQ LLS SURVEY FOR; - BL4EPOINTS COMPANY, INC. i E—O4 XGQt�_boope.1 - AtMATTITUCK Town of: SOUTHOLD Suffolk County, New York M,6S'Q,c/RJ- '•LQ(-Q - Su N. Co. Tax Map: Io00 .140 11 -2 .I Ll t — Young:A' Young, Land Surveyors NS I -..... - ( 400, a.&.( Avenue, Riv.rh..d, A'.w York 11001 to W. 516-727-2303 Y i ii 516-727-2503 NORTH.ELEVATION -- AW. Jr. r.,.... P V... Oat "i+...r r a.an Su°P.a.. DATE :auEY 1203 SECTION n...x.°"C. V. .Yt �eJc° a..:i a'w ..r t JDD8 No. ioi 485 • x. .N P. Ab.... Land 9u .Mm ANDMEET NO.:1 aF11 . { P016 '1 :ZOIC► REo a AS BVILT 4 1'A c, CHORNO ASSOCIATES �\5�� 'Tti7{ pl {D�1�TCY o RtM"' '� ' ARCHITECTS•MNNERS •INTERIOR DESIGN w.= nl{,( � - tl J 61020[t1ABN ROAD �' �� J� ( �" RaTS"'�.n"x'T� '� I SDUTHOLD,NV 17877 N', .uLr :Yd °. 1 (&91I7BS8538 '� ?'0 0 50 '•pIt + ° /•�•��""' T Fex(BO�e )785.1045 9j.•; , 797 . .y TC�WN0F,8��.�'i`u ��Q rwt+SSYes °nllghit'cts Plannff� 10%06'r dnmign CUiAlKER'TOWN, PE141144*14VANIA