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Home My WebLink About51802-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#: 51802 Date: 04/03/2025 Permission is hereby granted to. Aleksander Myftarago 415 92nd St Brooklyn, NY 11209 To: Demolish existing accessory garage and construct a new garage accessory to an existing single-family dwelling as applied for perZBA approval.Garage must maintain minimum rear and side yard setbacks of 3 feet. Premises Located at: 135 Oak PI, Mattituck, NY 11952 SCTM# 142.4-11 Pursuant to application dated 02/20/2025 and approved by the Building Inspector. To expire on 04/03/2027. Contractors: Required Inspections: Fees: DEMOLITION $285.00 Accessory-New Structure $225.00 CO Accessory Structure $100.00 Total $610.00 Building Inspector ,era . TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 �► Telephone (631) 765-1802 Fax (631) 765-9502 h S: /www. uitholdtann e Date Received APPLICATION FOR BUILDING PERMIT Fo r office Use Onl Y r PERMIT NO. e D Building Inspector. r fi r L FFE Applications and forms must be filled out in their entirety. Incomplete applications;w not be accepted. Where the Applicant is not the owner,jill Ownees Authorization form(Page 2)shall be completed. Date: OWNER(S)OF PROPERTY: Name: SCTM#1000- iqz- 1-1 1 �LLKs�.a-4D€(� NI``FT�*RA�c Project Address: 1 ce=•I� t I:�� k'a-r11V 'g, Ni Y 1115 Phone#: Z 4'a Email: �'+z-kJYr'I°"'�+ik.0 < �1 C C-> IdAii-.Lc,91 f , �� Mailing Address: Z�� 1��,lci , r �� rvc►�I •Q rl f �� CONTACT PERSON: Name` Mailing Address: 01rl Phone#: Email: XS( Aq�'1-``r 7/g, 6,I1. °� �� DESIGN PROFESSIONAL INFORMATION: Name: 5 Zak( Mailing Address: 't,1� &./Etilu P,16P46�,u (1c, G3i. 7Z?. c,,;-4 ( Email: Phone#: CONTRACTOR INFORMATION: Name: Mailing Address: Phone fl: Email: DESCRIPTION OF PROPOSED ON;TRUCTION New Structure ❑Addition ❑ ❑ Estimated Cost of Project: Alteration ❑Repair Demolition $ �� ❑Other �" Will the lot be re-graded? ❑Yes E o Will excess fill be removed from premises? Yes No 1 PROPERTY INFORMATION Existing use of property: �c;5iPC-PC - Intended use of property: ?e>o6 ITIA1— Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to gqc �� T �s �T- this property? Dyes ❑No IF 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 We and regulations and to admit authorized inspections on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Gass A misdemeanor pursuant to Section 210AS of the New York State Penal Law. Application Submitted By(print name): (z1�5�fDci� ,d,rr,r-`i,,IZ/s4a ❑Authorized Agent 0/owner Signature of Applicant: Date: 2-1N-20�S STATE OF NEW YORK) SS: COUNTY OF being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the (Contractor,Agent, Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this I q day of Notary Public NOTARY pUI I_IC,STATE OF NEW YOR PROPERTY OWNER AUTHORIZATION Registmoon in� 1 r9 3 Qualified(Where the applicant is not the owner) COMMI n Expires SM5/202T I residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 BOARD MEMBERS 1 /j� Southold Town Hall 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson * Southold,NY 1 1 97 1-095 9 Patricia Acampora Office Location,: Eric Dantes ,, Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 EXTENSION DETERMINATION Second One Year Extension Special Meeting of August 15, 2024 ZBA FILE: #7346 NAME OF APPLICANT: Aleksander Myftarago PROPERTY LOCATION: 135 Oak Place,Mattituck,NY SCTM No. 1000-142A-11 BASIS OF APPI. ICATION; Request foi- Variances frorn. Article IV, Section 280-15; Article XXIII, Section 280- I'24; and the Building inspector's July 30, 2019,. Amended January 17, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory garage and deanolish an existing single family dwelling and construct a new single family dwelling;at.., 1)accessory garage located less than the code required rninimum rear yard setback of 3 feet;2)accessory garage located less than the code required minimum side yard setback of 3 feet„ 3) construction more than the code pennitted maximum lot coverage of 20%; located at 135 Oak Place, Mattituck.„ NY. SCTM No. 1000-142-1-11. AMENI ED PLCATION: During the hearing on July 9, 2020, the applicant was asked to bring the plan into more conformity with the code by reducing the proposed lot coverage. Depicted on an amended site plan,dated July 24, 2020, received September 11, 2020,the applicant's design professional reduced the proposed lot coverage from 27.45% to 24.12%, by demolishing the existing accessory garage and rebuilding it from 400 s , ft. to 20'0 sq. ft. in area. In addition to this modification,the site.plan depicts the accessory garage with code required mminium setback's for both the rear and side yard of 3 feet. DATE OF tJB,I�,LC I1EAI LN : January 2, 2020 and July 9, 2020 fhe subject variances were originally granted as Aniellcied on Septerber 0, 202 0, title Board grail e i a first extension on August 17,2023. In a letter received oil August 6,2024,the applicant requested another extension of the granted area variances in order to obtain Suffolk County Department of Health Services (SC1311S) approval and a Certificate of Occupancy, citing that all documents with the SCDHS got stopped and he requested extra time. RESOL,QTION OF TI-IE-BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Acampora, and duly carried,to GRAN ,the applicant's request that the above cited determination be extended for a second one year,to expire on Septcrnber 17,2025 as per Chapter 2.80-146 of the Code of the Town of Southold. 4Vote , Board: Ayes: Members Weisman(Chairperson), Dantes, Lehnert,Acampora, and Planamento(5-0) i es Weisman, hait3�ea°scan Approved for filing / " /2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson , 10` +" 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 a http://southoldtownny.gov FRIECEIVEDZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 Fax(631)765-9064 Sou ;onld owns earl FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 17,2020 ZBA FILE: #7346 NAME OF APPLICANT: Aleksander Myftarago PROPERTY LOCATION: 135 Oak Place,Mattituck,NY SCTM No. 1000-142.4-11 SEORA 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 further steps under SEQRA. SI.IF"FOLI,COUNT'' ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP'_DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOE t F SOQTIIOLD OFFICE OF T'HE ENGINEER: The Office of the Engineer offered comments on this application in their October 18, 2019 letter. James Richter,R.A. indicated that the 400 sq. ft. reconstructed garage will not require Code compliance with Chapter 236 and further indicated that he has no other concerns beyond what the Building Department has addressed. PROPER"IY FACTSPDESCRIPT101 .° The subject prcwpea y is a 6,006 sq. ft.. nonconforming parcel located in an R40 Zoning District. The parcel h 66.00 Meet of frontage on Oak Street along the southerly property line, runs north for 91.00 feet, then west for 66.00 feet, before retuurning 1.00 feet back to Oak Street. The property is improved with a twt-story frame residence, which is currently in a state of disrepair. An accessary garage is located in the rear yard that is currrently under construction,but stopped due to not having the benefit of a building permit all shown on survey prepared by William R. Simmons,III,LSPC,dated February 2,2018,. BASIS OF APPLICATION: Request for Variances from.Article fV, Section 280-15; Article XIII, Section.280- 124; and the Building Inspector's July 30, 2019, Amended January 17, 2020 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory garage and demolish an existing single family dwelling and construct a new single family dwelling„ at, 1) accessory garage located lens than the code required minimum rear yard setback of feev,2)accessory garage located less than the code required minimum side yard setback of 3 feet„ 3) construction more than the code permitted maximum lot coverage of 20% located at 135 Oak Place, Mattituck,NY. SCTM No. 1000-142-1-11. Page 2,September 17,2020 #7346,Myftarago SCTMNo 1000-142-1-11 REL1EF.AEQ11E=: The applicant requests variances to reconstruct the "as-built" accessory garage with side yard setback of 1.5 feet where 3 feet is required, and a rear yard setback of .2 feet where 3 feet is required, construction of both the accessory garage and dwelling has lot coverage of 27.45% where no more than 20% is permitted, AMENDEML.Al? I;2j_ 1 Ian into k_ ICATION: During the hearing on July 9, 2020, the applicant was asked to bring the p more conformity with the code by reducing the proposed lot coverage by either reducing, the size of the house or the accessory garage in order to meet a lot coverage calculation of no more than the existing 24.19%. The Board expressed a preference for reducing the size of the accessory garage to both reduce the proposed lot coverage and to create conforming rear and side yard setbacks. Depicted on an amended site plan, dated Jul), 24, 2020, received September 11, 2020, the applicant's design professional reduced the proposed lot coverage from 27,45% to 24.12%, by demolishing the existing accessory garage and rebuilding it from 400 sq. ft. to 200 sq. ft, in area. In addition to this modification, the site plan depicts the accessory garage with code required minimum setbacks for both the rear and side yard of 3 feet. ADDITIONAL INEQR�QA11-0M. The owner of the property started the reconstruction of the existing garage without tare: benefit of a building permit. On February 28, 2019 a "Stop Work" order was issued on the project. The existing, residence and garage have a Pre- C/O # Z-16362 was issued on November 2, 1987 for a 2-story dwelling and accessory garage. At the hearing on January 2, 2020, the owner was asked to amend the permit application to include: reconstruction of the existing residence, due to the fact that the existing building was non- habitable,and without an existing use, we cannot consider an accessory use. M- DLI lei S QF "TION: REASONS FOR BQ�\R-D_AC - The Zoning Board of, ppeals held a public hearing on this application on January 2,2020,and again ori July 9, 2020 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: 1. Town, Law §267-b IlfhAIL Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, At one time both the existing residence and accessory garage were habitable, and legal tinder the Southold Zoning Code. The owner amended his application to include demolishing and rebuilding both the residence and the accessory garage. The lot coverage of the property will be: no greater than tile original lot coverage at the time the Pre-C/0 was issued. The property faces a small private Right of Way and the new home and accessory garage will improve the neighborhood by demolishing very deteriorated and uninhabitable structures. 2. 'Fown Law 267-b 3)(b)(2). The benefit sought by the applicant as amended Cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The accessory garage will no longer require setback relief, but both the house and garage require relief for lot coverage over the maximum 20% permitted by code 3. Town_Law §2�-b 3�b3 . The variance granted herein as amended for lot coverage at '24.12% is mathematically substantial representing 21%, relief from the code, but the applicant has reduced the originally proposed lot coverage of 27,45% pursuant to the Board's recommendation to not exceed the existing lot coverage by reducing the size of the accessory garage and has eliminated the need for two setback variances from property lines. Page 3,September 17,2020 #7346,Myftarago SCTM No. 1000-142-1-11 1 4. Town Law.§267-b(3)(W(A). 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 imposed by this board. 5. Town Law§267-b(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 tinder the Zoning Code in effect prior to or at the time of purchase. 6. Town and adequate to _lLaw_k267-b. Grant of the requested relief as amended is the minimum action necessary enable the applicant to enjoy the benefit of a reconstructed residence and accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. gE,S0LUT1QN OE_lLfE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Lelinert, seconded by Member Acarnpora, and duly carried,to GRANT the variance as amended for excessive lot coverage as shown on the Site Plan prepared by Jeffrey Zahn, Architect, last revised July 24,2020. SULUEQ1 TQIFIE FOLLQWING_CONDYTIQN, 1. The applicant must install a sanitary system approved by the Suffolk County Dept of Health Services for the proposed reconstruction of the residence and the accessory garage. That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued Any deviation ftoin the survey, site plan andlor architectural drawings cited in this decision will result in delays andlor a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board ql"AppeaL Any deviation from the varionce(s)granted herein as shown on the architectural draivings, site plan andlor survey cited above, such as alterations, extensions, or demolilions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other featureof the subject property that may violate the Zoning Code, other than such uses, setbacks and other./ealures as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void 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. 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, andlor a subdivision map has not been filed with the Suffolk County Clerk, within three Page 4,September 17,2020 #7346,Myftarago SCTM No. 1000-142-1-11 (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. Vote of the Board: Ayes:Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). "' Les to Kanes Weisman, Chairperson Approved for filing 9//k /2020 0� AUG 22 2023 Cage\oe eA.316 0 �� O \G - 'OOP\Cti 0 P �� P" AND Neva\ s NN SURVEYED FOR:ALEKSANDER MYFTARAGO \CIF e 0 - eA. 1�' " N LOCATED AT MATTITUCK,T/O SOUTHOLD,SUFF.CO. N.Y:A"� LOT IS DESC. e 100 e\.31.2 ' y o MAP OF AS SHOWN LI SOIL TESTING,INC. 00, p a g1 m\n° `3�gY \ ry "1 o n_ TEST HOLE Septic "d" ' SOT 1 e \ m SCALE 1 =20 3n/2o2o d� . 00 ?� T , S.C.T.M. 1000-142-1 -11 brown 0.01eah° i \ LOT AREA= 6,004.00 S.F. loam(OL) C'o J Z � ' `M Po 1, e�ado a ed brown fine to v ' --' to oe .0, NOTE: medium sand Z �, " � � "w \ pef c All proposed structures shown with trace final "^ \et°° 001 are as per owner and/or Architect gravel(SW)6°0 � o \ Ode dimensions and property lime setbacks m o �4a a design. \31.5 NOTE: V g L All residence within 150ft of all f ne torown 5 ��. A i a property lines of subject parcel are , l a OO , su pp y lied b p ublic water. coarse sand(S O \ 5 �, �Sy 00 15,0 9. NOTE: 00 ELEVATIONS IN NAV88 DATUM 1 Y NO WATER COTE' Santa ► GRADES&ELEVATIONS ENCOUNTERED be pro er\Ye� -� �1 0 EXAMPLE: to b ed e1.3 el.31.0=existing p W d C( Specs ti 0 - --131 1 e\3 (el.31.5)= proposed S.C° ry NOTE: osed ,ew w emo d There are no Surface Waters r t.ke within 300 "OO�v y' b 0toeD of Subject Parcel N S 2 O e e g �� ace e\.29.9 Updated S.C.H.D. Survey 2-10-2021 127 t UNDER CONSTR. Etas\. rn ® � -t1� 3/15/2019 t7t�\tty $g (UNDER SNOW COVER) Pole e\.2 , r� �r of-IN ord -- FILE N0. 26 fk�G Z -mar on w M1 t-G ' 17 -,1; m �- "�1 ? _ �• `m _ -- _ `� �� .� WILLIAM R.SIMMONS III L. .IF.C. -'1 128 CARLETON AVE.EAST ISURN.Y.11730 PH. 631 581-1688 FK 631 581-1691 DATE SCALD: WRS IV