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HomeMy WebLinkAbout5439APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoIdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: FROM: DATE: SUBJECT: Elizabeth Neville, Town Clerk Ruth D. Oliva, ZBA Chairwoman February 4, 2004 Applications Withdrawn/Partial Refund Requested Southold Town Hall 53095 Main Road P.O. Box 1179 Southo]d, NY 1t971-0959 TeL (63~[) 7654889 Fax (63i) 765-9064 The applicants in each of the following submissions have withdrawn their ape]cations for personal reasons. Based on the time spent by our staff persons, partial refunds are recommended, as noted below: AppL No, 5358 - Refund Recommended: $325 (Amount Paid $400; Amount Retained: $75) Applicant's Reason: Amending P~an for New Submission. Applicant: Ke~y Krudop AppL No. 5387 - Refund Recommended: $325 (Amount Paid $400; Amount Retained: $75) Applicant's Reason: Amending Plan for New Submission Applicants: Robert and Kelly Krudop AppL No. 5439 - Refund Recommended: $325 (Amount Paid $400; amount retained: $75) Applicant's Reason: Withdrawing for personal reasons, Applicant: Linda ?, Reinares Thank you. Ends. cc: Accounting Department PAGE Atto~ey At Law Wi~ld~ Way ?ru/r~iiol~ al Cent~ 44210 Rt~ 48, P,O, Box 1210 Souihold TO'~n Board of Appeitl$ Fax No 765~g064 R~: appN~tion of kind~ O. Reinam~ P~mises: 3945 Camp Mineola ao~d, Ma~tuck, NY (SC~ gl 00¢I 23-5-30) Dear M~mbars of the Board: Please be advised that the applicator has decided to w~thdraw the application f~r an sma Request is haraby made for a refund of the previously submitted application fe~ in the aum of $409.00, gl TOWN OF SOUTHOLD BULLDOG DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: September 16, 2003 TO: J. Kevin McLaughl/n A/C Re/nares 44020C North Road Southold, NY 1 I971 Please take notice that your application dated September I6, 2003 For a perrrfit for "as b~filt" alterations to an exisfin~ dwell/n.g at Location ofpropeF~ 3945 Camp Minetoa Road, Matfimck, NY County Tax Map No. 1000 - Section t23 Block~5 Lot 30 Is returned herewith and disapproved on the follow/ng ~rounds: The "as built" alterations £conversion of a car port to a screened porch) to a non-conform/rig single family dwell/ng~gqn a non-conforming 8,712 square foot lot in the Residential R-40 Dis~_.~ is not permitted pursuant to Article XXIV Section 100-242A which states; "Noth/ng in tiffs article shall be deemed to prevent the remodeling,~recons~ruction or enlargement of a non-conforming bu~ldhng contain~g a conforming use, provided that such action does not create any new non-conformmace or increase the de~ree of non-conformance with regard to the reg-alations perta/n/ng to such bubld/n sgs.~"." The "as built" alteration maintains the exist/n sg_s~'ng.Ie side yard setback of+/- 5 feet and total side yard_ setback of+/- 14 feet. Therefore, the "as built" alterations are not permitted pursuant to Article XXVI, Section 100~__2~4, which states that non-confofrrfin~g lots,___measuring less__than 20,000 sg. uare feet in total size, require a mi~fim_u~ide yard setback of 10 feet and a total side yard~ 25 feet. Total lot coverage, of less than 20 percent, has not chanffed_. J [zed Signature CC: File, ZBA APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ~ ~ ~ ~.~ . . For Office Use Only Office Notes: Parcel Location: House No.3945 S,feet Camp Mineola Road~. Hamlet Mattituck SCTM1000 Section123 Block08 Lot(s) 030 LotSize60~ x 145~oneDistrict Aresid~ntJal,:~ I ('vVE) APPEAL THE VVR/TTEN DETERIMINATION OF THE BUILDING INSPECTO~ DATED: September , 200~ · Applicant/Owner(s): LJnda O. Reinares Mailing Address: 3945 Camp M~neola Road, Mattituck, NY 11952 Telephone: (631) 298-8941 Aut:horize~ Representatlve: d~ Kevin gcLau~ Address: P.0. Box 1210, Southo~d, NY 11971 (631) 765-6085 Telephoue: Please specify who you wish correspondence tb be mailed to, from the above listed nam.es: [5 AppllcantfOwner(s) 7d Authorized Representative [] Other: 'WHEREBY ~HE BUILDING iNSPECTOR DEN~ED AN APPLICATION DATED FOR: ~ Building Permit ~ Certificate of Occupancy ~ Pre-Certificate of Occupancy U Change of Use ~ Permit for As-Buil~ Coustrnction Other: ]~rovision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100- 242A Subsection XXVI Section 1(X)-~44 Type of Appeal An Appeal is made ~or: ~A Variance to the Zoning Code or Zoning Map. [] A Variance doe to lack of access required by New York Towo Law-Section 280-A. [] Interpret~tion of the Town Code, Article Section [] Reyersal or Other A prior appeal ~has 13 has not been made wfth respect to this property UNDER Appeal No. 441 Year 1962 . Page 2 of 3 - Appe~=~ App~caf~on Par~ A: AREA VARIANCE REASONS {'attach extra sheet as needed]: (1) An undesirable change Will no~ be produced ~n ~he CHARACTER of the neighborhood o,r a this is an area variance to allow an 'as-ouilt" defrimen~ ~o nearby prope~es, J~ g~n~d, beck,se: , . ~ conversion of an existing car~o~ in~o an encmse~ por~h, me car~ was D~l~ in 1961 es pa~ ~ the house and was con- ve~ ~nto ~n ~n~]osed ~h by 1~0~ A CO exists for the house and carpo~ (CO ~ZI121 and the porch is entirely within the ~oo~prin~ o~ne fo~ carpo~ , ( ) The b me~ s gh~ by the ~pp~c~nf CANNOT be ~chieved by some method feasible for ~he mpp~c~m~ fo pursue, other ~hmn mn mrem vmflmnce, because: the carport exist~ since 1961 and the conversion into an enclos~ po~h has ~sted since at least 1980~ ~e conversion did not decrease the sideyard setback, which was 5~ for the car~rt and r~ins 5~ for the enclosed porch~ (3) The mmoum~ ~ re~e~ requested ~s mo~ subsfmnfi~ 5ecmuse: C0 ~Z1121:all~ the carpo~ to be l~ated 5~ fr~ the side pro~y l~ne and the conversion to an enclosed porch ~s within that f~tprint, ~e carport exist~ since 1961 and the conversion to an enclos~ po~h has existed since at least 19~0~ (4) ~e vmrl~nce w~ NOT h:ve an ~dverse e~ecf or ~mp~c{ on fhe phys~cm~ or env~ronmemfm~ cond~f~ons ~n ~he neighborhood or d~sfr~cf because: the enclosed ~rch did not increase the sideyard nonconfo~ity, ~i~h is 5",~s the enclos~ porch is within the f~tprint of the existing legal carpal; ~e enclosed po~h has exist~)TO~e~h~ ~kce been seff-crem~ed? ( ) Yes, or ~X ) No. ~f nor, ~s fhe cansfrucf~on ex~sf~g, ms bu~? (XX } Yes, or ( ) No. ~e conversion of the c~rp0~ igto ag. en~[~ po~ch~existed ~ Add~ono~ Jn{orm~}~on oboU~ ~he surrounding fopography and bu~d]ng areas fhm~ re~o~e ~o ~e suk~t lot ~s rather narr~ at 60'. ~e in,rial nonconfo~it~ of the carport was apparently all,able in 1961 ~nen C0 No. Zl121 ~.s issu~J covering both the one-f~ily d,~lling and ~d car~rt. Th~s Ts ~he M~N~MgM tha~ ls necessary and adequate, amd a~ fhe same ~ime preserves and pro~ec~s ~he character of ~he neighborhood and ~he heaffh, safe~y, and welfare o~ the communify. ( ) Check this box and complefe PART B, Quesfions on nexf page fo apply USE VARIANCE STANDARDS. (P~ease consulf your affomey.) Ofherwise, DJease proceed [o ~he s_Lgna~ure and $1gnafure of Appe~am~ o~ Aufhor~zed Agenf (Agen~ musf submi~ Aufhorizafion from Owner) Linda D. Reinares QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sate? 7~ Yes [] No - Are there any proposals to change or alter land contours? [] Yes ~No Are there any areas that contain wetland grasses? No Are the wetland areas shown on the map submitted with this application7 yes Is the property hulk headed between the wetlands area and the upland buildLng arm? Yes 4) If your properB, conta/ns wetlands or pond areas, have you contacted the office of fire Town Trustees for its determination ofjurisdictian? No, as all structures have existed since I980 and the conversion of the cavort into an enclosed porch is landward of the butkheaO and not as close to-the ~,~,~as otber. Dortio~]s of the ex~s;~ing house ....... [,ut ~,umu L*. Is trlere a aepresmon or stopmg ,mvafion near the area or proposea construction at or Detow r~ve feet above mean sea level? No (If ncr applicable, state "n/a".} Are there ~my patios, eoncrcte barriers, bulkheads or fences that exJgt and are not shown on the survey map that you are snbnfitting? No (If none exist, please state Do you have any construction taldng place at tiffs time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Bnild/ng Department. If none, please state~ G. Do you or any co-owner also own other land close to this parcel? where or submit copies of deeds. No If yes, please explain H. PIease list present use or operations conducted at this parcelone-fam~ly dmllinq with attached enclosed porch and detached gara'ge and propc~sed use same Authorized Signature and Da~e Linda D. Reinares · Agpendl× C SHORT ENVIRON~ENTAL ASSESSMENT FORM For UNLISTED ACTaONS On~y PART a--PROJECT ~NFORMAT~ON {To be completed by Appl[c~na or Prelect sponsor} ~es 4945 C~ Min~]a Road~ Ma~tituck, NY SC~ ~0~-12~.00-05~00-0S0.~. See suFvey su~itted he~i~h~ ~. ~s"~oP°~o Ac'no~: SE "as-built" conversion of a legal carport into an enclcL~zL~ar, cb ~. o~scm~.~o~m~m~ this is an area variance for an "as-built" conversion ~f a legal attached carport covered by CO ~b. Zl121 into an attached enclosed porch within the same footprint.The encmsed porch conversion has existed since at least 1980o · ~Y., Ciao ,,.o.a~,~,~. :~o,,T the "as-built" conversTon of the~eg~ carport 7nto an enclosed porch wiTth a Sideyard setback of 5 . does not meet the current sideyard setback requirement of the Zoning Code° is a neighborh~d of one-f~ily ~ellings 30. ~S A~JOH ,NVOLVE A P~M~T APPROYAL OR ~NOJNG. NOW OR ULT,~ATELY FRO~ ANy OTHEB GOVE.N~ENTAL AGEN~ JFED[~, ~ ~ .~ ,~ ~..~ ~..~ ~ ~.,~u~..,:~ ""as-built" B~il ding Pe~it and Certificate of Occupancy foF the enclosed perch conversion ~ ~ ~ N- ,~ ~ ,~, .~.~:~ .~m~ ~ .~,~,u~,~,o~.~ ~he carpo~ was. a 1 egal structure covered by CO ~(o. Zl121. L~ Ih~ ~c~lqn ts l~a$~a~ Area, and you are ~ sta~a agency, co'mpleae · . . Coas~s~. Assessmepa Form befores,proceeding, wHh [h~s ~ssessmen[ OVER At~omey At Law Winds Way Professional Center 44210 Rt. 48, P.O. Box 1210 Southold, New York 11971 Telephone (631 ) 765-15085 Facsimile (631) 765-1856 September 22, 2003 $outhold Town Board of Appeals $outhold Town Hall 53095 Main Road Southold, NY 11971 Re: Application of Linda D. Reinares Premises: 3945 Camp Mineola Road, Mattituck, NY (SCTM ¢1000-123-5-30) Dear Members of the Board: ~ have enclosed the original and six (6) copies of the Application for an area variance in the above-referenced matter, along with my client's check in the sum of $400.00 for the illin9 fee herein. Kindly advise me when this matter will be scheduled for a public hearing. V~ Encs. Hand Delivered ~EGIST~ OF ~T~ STATISTICS ~GE OFFICER RECORDS ~AGEMENT OFFICER FREEDO~ OF ~NFO~T~ON OFFICER To~m Hall, 53095 Main Road P.O. Box 1179 Southokl, New York 11971 Fax ((~31) 765-6!z15 Telephone ((~31) 765-1800 southoldt own.nor thfork.net OFFICE OF TEE TOWN CL~I~K TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: [2Iizabeih A. Neville DATED: September 25, 2003 RE: Zoning Appeal No. 5439 Transmitted herewith is Znn~g Appeals Noo 5439 - Linda Re,nares - Zorfing Board of Appeals application for variance. Also included is a ZBA questionnaire, SEQR form, two surveys, certificate of occupancy, ZBA decision dated 4/6/62, copy of deed, letter from Ke¼n McLaughlin, and notice of disapproval. Town Of Southoid P.O Box I179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/25/03 Transaction(s): Application Fees Receipt#: 538 Subtota~ $400.00 Check#: 538 Total Paid: $400.00 Reinares, Linde D 3945 Camp Mineola Road Matt]tuck, NY 11952 Clerk ID: LYNDA~3 Internal ID: 82387 TH~ INDF~TUR~ made lhe ½ 'my of June , ninet~n hundred ~d ninety-nine BETWF. F~N CARLOS VENTOSO~ residing at 226 Thompson Street, New York~ New York t0012~ and LINDA VENTOSO~ residing at 3945 Camp Mineola Roads Mattituck, New York 11952 - ,L k~3 '. ~":~' par~yo~he~p~rl, an~ LZNDA D~ REINARES~ formerly known as LINDA VENTOS0~ residing at 3945 Camp Mineola Road~ Matt~tuck~ NY 11952 WIT~ ~hal the par~y o~ the ~ p~, i~ ~n~dem~ion o{ Ten Dollars and o~ar valuab~e consi~a~l{~ or succ~sors and ~s~$ herein by deed recorded in Liber 8885 cp 21.. and ~H the estate and r~gh~s of ~he par~y o~ th~ ~rs~ p~ ~n ~nd ~o ~d premises; TO HAVE AND TO HOLD ~he premises here~n AND the par~.y of the firs~ pa~ covenants thai the t~y of ~he .6fsi part ~%~s not done or suffered anything AND the ~rty o{ ~he first par~, in c~mpHance wkh Sea~oa 13 of the Lien ~w, covenants Ih~l ~he ~rty of the first part %v[~l r~e~ve the consldemlion ~or this ~nveyance and w{H hold the right to receive such consid- eration as a ~rusl fund ~o be applied firs~ for fha pur~e ~f payln~ the cost o~ ~he [mprov~ent and will apply the same first m the payment o[ the cost o~ the improv~ent before using any ~rt o[ the total of ~he s~e for any o~her pur~se. The ~r~J "~y'~ shah be construed as ~[ h r~d 'p~m{es' whenever the sense of this indenture so requ~rem wrhien, ~N P~ENCE CARLOS VENTOS0 ALL that cer-~ain plot, piece or parcel of Iand, with the buildings and improvements thereon erected, situate, Iying and being at Mattituck, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of a certain 30 foot right of way running easterly and westerly at a point on seid line 302.0 feet westerly from the westedy line of a 25 foot right of way established by an agreement between Reeve, Tilly and Hollister, and recorded in the Office of the Clerk of Suffolk County in Liber 629 of Deeds at Page 188 on the 5~* day of September 1907 (Reeve Avenue), said point of beginning being the nofhwestedy corner of land of Peter Gray; running thence along said land of Peter Gray, South 3 degrees 40' 30" East, 151.0 feet to a bulkhead line at ordinary high water line of Great Peconic Bay; thence westerly along said ordinary high water line South 75 degrees 03' West, 59.84 feet to land of BroOkfield Home Improvement Corp., thence along said [and of Brookfield Home improvement Corp., North 3 degrees 19' 10" West, 145.6 feet to a concrete monument set on the southerly line of said 30 foot right of way; thence along said line of said 30 foot right of way, North 70 degrees 00' East, 60.0 feet to the point of BEGINNING TOGETHER with a right of way over a strip of Iand thirty (30) feet wide, the southerly line of which beginning at the northwest corner of the land herein described runs on a course North 70 degrees 00" East to the northeasterly comer of the land heretofore mentioned as conveyed to Bryant S. Conk[in and thence northward over another right of way twenty-five (25) feet wide extending northerly from the southerly side of the first right of way to New Suffolk Avenue, hereinbefore described. TOGETHER with all the land Iying between the east and west boundary Iines extended from the bulkhead line to the high water mark of Peconic Bay. It is understood and agreed that the rights herein given under the last mentioned right of way shall not extend south of the southerly line of the first described right of way. BEGINNING AND INTENDED TO BE the same premises conveyed to the grantor herein by deed recorded in Liber 8885 cp 21. UNIFORM ACKNowLEDGMENT State of New York } SS: County of Nassau ©n the llth ,da)' of May in/;be year20oobcfore me~ the unders[gued~ a Nolary Public in and for smd Stat~ personally appeared L~A Do ~ Personally known Io me or proved to me on thc basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrament ahd acknowledged to me lhat executed the same in ~he~ capacity(ies)~ and thai by signa~ur~(s) on ~he insi~mcni~ ibc. individual(s) or lhe person upon behalf of which thc individual(s) acted, executed the instrumenL Notary Public Public, State of N~ ~ No 02~I5083394 UNI FORM~A'CKNGWLEDC, MENT S~ate of New } SS: County of ~O Onihe /~ dayof year. before me~ the unders~glfed a Notary Public in and for s~d State, personally appeared. C~Q C[ O3 ti~e bas~s of satisfactory evidence to be ~he ~ndMdu~l(s) whose name(s) ~s (are) subscribed to the wkbin instrument ai~d acknowledged lo me that executed the same in his/~/~ capadty(ies), an~ ~lxat By siena!urn(s) o~ ;he instmmenI, indMdu'al(s) or the person upon behalf of . whicl~/be individual(s) ac/ed, executed tim inse~ment, Notary PuNic