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HomeMy WebLinkAbout51796-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 51796 Date: 04/01/2025 Permission is hereby granted to: Thomas J Roulette 18 Carolee Ct West Islip, NY 11795 To: Demolish(by town def.) and construct additions and alterations to a single-family dwelling as applied for per ZBA approvals. Premises Located at: 705 Meday Ave, Mattituck, NY 11952 SCTM# 113.-8-14.2 Pursuant to application dated 12/13/2024 and approved by the Building Inspector. To expire on 04/01/2027. Contractors: Required Inspections: Fees: Single Family Dwelling- Addition&Alteration $2,222.00 CO Single Family Dwelling-Addition /Alteration $100.00 Total $2,322.00 Building Inspector TOWN OF SOUTHOLD—BUILDING DEPARTMENT 4` Town Hall Annex 54375 Main Road P. O. Box 1179 Southold NY 11971-0959 rn , Telephone (631) 765-1802 Fax (631) 765-9502 https://www.southoldtownny.gov Date Received APPLICATION FOR BUILDING PERMIT q /^ For Office Use Only PERMIT N0. ` w Building Inspectrr., 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: 12 13 ZI2-024— OWNER(S)OF PROPERTY: Name: SCTM#1000- Project Address: 705 Phone#: Email: Mailing Address: lg Y CONTACT PERSON: Name: M 1C Mailing Address: o Phone#: 63 \- C S \ 4� Email: M�c6,c,e C� Me11e r,5Qtu1(�� C� DESIGN PROFESSIONAL INFORMATION: Name: ory.i Mailing Address: 2� ,� 0 r 1 Phone#: 3 -7 7 4--7 Email: J0.r,e IC,eT-)(03Y, CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ETddition 0 1 eration EAepair Demolition Estimated Cost of Project: ❑Other $ -3(o(D- poo Will the lot be re-graded? ❑Yes No Will excess fill be removed from premises? 2<es ❑No 1 PROPERTY INFORMATION Existing use of property. Intended use of property: Zone or use district in which premises is situat d: Are there any covenaN�olF estrictions with respect to this property? ❑Yes YES, PROVIDE A COPY. 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 210AS of the New York State Penal Law. Application Submitted By(print name): Av �� 4� a ❑Author zed Agent Owner Signature of Applicant: Date: l;;71- 1.&,Azp R CONNIE D.BUNCH STATE OF NEW YORK) Notary Public,State of New York S . No.01 BU6185050 Qualified In Suffolk County COUNTY OF ) Commission Expires April 14,2i�� being duly sworn,deposes and says that(s)he is the applicant (Na4of individual signing contract) above named, (S)he is the �Zg 6" —L (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this — day of �Pir`(� , 20 Q�0 `�v ► rr"'"� Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I 1 0,2, P- residing at �`� )�� L� do hereby authorize k, to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Vgnature Date Print Owner's Name 2 BOARD MEMBERS � ,1 si��lr Southold Town Hall Leslie Kanes Weisman, Chairperson , 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes , , Town Annex/First Floor, Robert Lehnert, Jr. " 54375 Main Road(at Youngs Avenue) 'Nicholas Planamento � Southold,NY 11971 RECEIVED U-3 http://southoldtownny.gov V Og ZONING BOARD OF APPEALS 2 TOWN OF SOUTHOLD Ok 2 � 2024 5, Tel. (631) 765-1809 .n r7, ET" dU At b �1 Clerk oo' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2024 ZBA FILE No: 7939 NAME OF APPLICANT: Thomas & Mary Roulette PROPERTY LOCATION: 705 Meday Avenue, Mattituck SCTM No. 1000-113-8-14.2 SE RA lE"TERMINATION: 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 tinder SEQRA. SQFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated May 29, 2024, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. I,WRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 27, 2024. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards, and therefore is INCONSISTENT with the LWRP. Policy 1: Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastrzicture, make beneficial use of a coastal location, and minimizes adverse effects of development. The proposed exceedance of the sky plane on the parcel is contrary to fostering a pattern of development in the Town of Southold that enhances community character, setting a precedent in a neighborhood. However, based upon the fact that the subject dwelling has an existing sky plane exceedance that has caused no adverse impact to the adjacent non-residential property or subject neighborhood, the Board of Appeals now finds that the proposed action is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a 46,781.2 sq. ft. conforming lot located in an R-40 Zoning District. The property has a road frontage of 150.00 feet along Meday Avenue before turning northeast for approximately 502 feet towards Mattituck Creek, the lot has an uneven frontage of approximately 83.17 feet along Mattituck Creek, before returning 363.41 feet back to Meday Avenue. The road in front of the property is a dirt road, Page 2, September 19,2024 97939, Roulette SCTM No. 1000-113-8-14.2 and the property is improved with an existing one -story residence, a frame cottage, frame shed, detached patio and out house as shown on the survey prepared by Joseph M. Petito, LS, dated March 21, 2023. Tl(. N rt I R—ASI�_OE-AIT L-1-CA _&: Request for Variances from Article IV, Section 280-18; Article XXXVI, Section 280 208A and the Building Inspector's March 15, 2024, amended March 27, 2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and construct to single family dwelling,; 1) located less than the code required niiiiiinum front yard setback of 50 feet; 2) located less than the code required minimum side yard setback of 15 feet; 3,)the Construction exceeds the pen-pitted sky plane as defined in Article 1,Section 280- 4 of the Town Code; located at: 705 Me:day Avenue,(Adj. to Howards Branch) Mattituck, NY, Sum No, 10010- 113-8-14.2. 11 mt.E REQ ES`I�- ,): The applicant requests variances for the following: U k, The proposed front yard setback is 28.8 ft where a minimum of 50 ft is required. 2. The proposed side yard setback is .7 ft where a minimum of 15 ft is required. 3. The proposed construction exceeds the sky plane. AL)_W.'Q0 'LIQN. I stated NAL IN During testimony From the applicant at the public hearing, the applicant s at d that the proposed front yard setback was designed to avoid cutting substantial trees. The applicants were asked if the roof in violation of the sky plane was existing or new, and it was stated that the existing roof is in violation and the proposed new roof over the existing dwelling will also be in violation of the sky plane. The applicant was asked to consider redesigning the new roof in order to avoid variance relief for exceeding the sky plane. On September 9, 2024, tile Zoning Board received a letter from Michael Hand, the designer of the project, stating that the proposed roof design would remain because the as-built dwelling already exceeds the sky plane because the existing house is only .7 feet from the side yard which causes the sky plan intrusion and the proposed new roof is required because the cost of keeping the existing roof while complying with current windup lift and energy codes is substantial and represents a financial hardship. The Board received two letters from neighbors in support of the proposed variances. The Zoning Board of Appeals held a public hearing on this application on September 5, 2024 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-b(&hJ(1 able change in the character 1. Grant of the setback variances will not produce an undesir of the neighborhood or detriment to nearby properties. The side yard setback variance is existing and is not being changed, and the proposed front yard setback will keep the new construction away from the wetlands and creek in the rear of the property thereby avoiding adverse environmental impacts. The proposed front yard setback is also in keeping with the character of the neighborhood because tile dwellings along the subject unimproved road, all have varying setbacks.T'fie sky plane variance will not produce an undesirable change in the character ofthe neighborhood because the sky plan non-conformity already exists and the minimal height increase of the new roof will not be discernable or cause additional impacts to the adjacent property which a wooded lot owned by a utility company (LIPA) and contains a steel utility stanchion. 2. Town Law §267-bQ(,b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The side yard setback and sky plane variances are caused by existing setbacks which are not being changed.The front yard setback is proposed to be reduced to avoid impacts to the wetlands and creek in the rear yard and to avoid removing mature trees. Page 3, September 19,2024 #7939, Roulette SCTM No. 1000-113-8-14.2 3. 'rown Law§2 7-b(3)(b)(3). The variances granted herein are:mathematically substantial 1. The front yard setback represents a 43% relief' frorn the code. However, the proposed front yard setback variance is for environmental reasons and is in keeping with the varying front yard setbacks of other honies along the subject unimproved road. 2. The side yard setback represents a 96% relief from the code. However, the existing setback is being maintained. 3. The sky plane variance represents a 100%relief from the code. However,the non-conformity already exists on the existing ranch-style dwelling and the proposed new roof will intrude into a side yard adjacent to a non- residential wooded lot and will have no visual or other adverse impacts. 4. Town Law §267-b(3)(b)(4L, 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 the conditions of this board. 5. Town Law §267-1)(3)(b)(5). 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 additions and alterations to the exiting residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 1, LI�j(XJL [ON OF I tfl,.130A&Q: In considering all of the above factors and applying the balancing test under New -13,motion was o carried, York Town Law 2C" offered by Member Lehnert,seconded by Member P anamento,and duly ca ied, to GRANT the variances as applied for and shown on the Site Plan and Architectural Drawings prepared by Michael Hand, of MCH Design Services, signed and sealed by James Deerkoski, P.E., Sheets S1, and A-1 to A-4 dated May 10, 2024. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The septic system on the subject property must be approved by the Suffolk County Department of Health Services 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. Page 4, September 19,2024 97939, Roulette SCTM No. 1000-113-8-14.2 IMPORTANT LIMITS ON THE APPROVAL(S GRANTED HEREIN Please Read Carefully 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 and/or a possible denial by the Building Department of a building permit andlor the issuance of a Stop Work Order,and inay require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above, such as alterations, extensions,demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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 L1lVIITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY°T'O ENSURE COMPLIANCE WITH THE CODE RE,QUIRED TIME ERA.I IE DESCRIBED IIEIIEM. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. (5-0) Leshe Kanes Weisman, Chairperson Approved for filing /2024 10SUFFa� s'7C'�0�]E�I��1 WA\T]Elk Scott A. Russell �. mm � \cG�I I��I[I 1�'7C' SUPERVISOR N[A\N A SOUTHOLD TOWN HALL-P.0.Box 1179 O Town �f Southold 53095 Main Road-SOUTHOLD,NEW YORK 11971 CHAPTER 236 - STORMWATER MANAGEMENT REFERRAL FORM ( APPLICANT INFORMATION TO BE COMPLETED BY THE APPLICANT ONLY FOR PROPERTIES ONE ACRE IN AREA OR LARGER. ) APPLICANT: (Property Owner, Design Professional, Agent, Contractor, Other) Date: NAME: Mike Hand 2/11/2025 kNFa�: Contact Information: email: michael mchdesi user IL-Mail R I elephone Numhei) ;,: hone: 631-965-1 47 Property Address / Location of Construction Site: 705 Meday Avenue S.C.T.M. #: 1000 [ District Mattituck, NY Wi 113-8-14.2 Section Block Lot BY SOUTHOLD TOWN ENGINEERING � TO BE COMPLETED DEPARTMENT ii _ — _. — _ — - -. lV Area of Disturbance is less than I Acre. No S.P.D.E.S. Permit is Reguim"ed! mm Project does Not Discharge to Waters of the State. No S.P.D.E.S. Permit is Re L�ired ! - Area of Disturbance is Greater than I Acre & Storm-water Runoff Discharges Directly °I to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit DIRECTLY From N.Y.S. D.E.C. Prior to Issuance of a Buildin Permit. Area of Disturbance is Greater than I Acre & Storm-water Runoff Flows Through Southold V Town's MS4 Systems to Waters of the State of New York, THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit throe h the Southold Town Enaineertn De artment Prior to Issuance of a 'Buildln: Permit. Reviewed By.. ^dL�f Q111 Date: H r _.m�. 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