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HomeMy WebLinkAbout5562 • • a / sea 42(4 ..M9N5..54E0. F &ji • }�. : t ' k r . • 3 1 - . N. • { oi' SOFFO(,r APPEALS BOARD MEMBERS d'pN� CO Southold TowIl Ruth D. Oliva, Chairwoman f Ghit y``` 53095 Main Road • Gerard P. Goehringer CO x • • P.O. Box 1179 Lydia A. Tortora e- 0� Southold, NY 11971-0959 Vincent Orlando : # p!i? Tel. (631) 765-1809 • James Dinizio, Jr. =��1 # i ,dt Fax(631) 765-9064 http:ijsoutholdtown.northfork.net RECEIVED � s BOARD OF APPEALS //; ,a G TOWN OF SOUTHOLD AUG 2 7 20 FINDINGS, DELIBERATIONS AND DETERMINATION , y MEETING OF AUGUST 2, 2004 p Application No. 5562—JOHN and MARTHA WATTS Sbuta cIu Town Clerk Property Location: 295 Harbor River Road, Orient CTM Parcel Id: 24-2-8 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 applicants' 32,564 sq. ft. parcel has 202.56 feet along State Street (a/k/a Skippers Lane), 170.03 feet along the north/east side property line, 134.27 feet along the bulkhead along Orient Harbor, and 229.51 feet along the rear property line. The lot is improved with a one-story frame dwelling as shown on the September 19, 2002 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's June 8, 2004, Notice of Disapproval, citing Code Sections 100-242 and 100-244, in its denial of a building permit application concerning proposed additions at less than 40 feet from the front lot line and less than 15 feet on a single side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004, 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: Applicants wish to construct an addition (new deck) which will be 12 feet from the side yard line and 35 feet from the front yard line, at its closest points, as shown on the June 14, 2004 site plan prepared by Samuels & Steelman, Architects. (Other proposed construction shown on the site plan were not disapproved in the Building Inspector's Notice dated June 8, 2004, and are not included in applicant's request fora variance.) 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants desire to construct a new deck at the front of the dwelling on this lot, the largest in the immediate area and located at end of the street. Although the existing house is in a nonconforming location, without little or no setback from the side ar ', P"eg°2—August 2,2004 ZBA No.5562—John and Martha Watts ‘.....r CTM 24-2-8 line, the new deck addition is proposed 12 feet in the opposite direction. The addition will not extend beyond the wings of the existing house. 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 dwelling is existing in a nonconforming location, and will not extend beyond the wings of the existing house. 3. The variance granted herein is not substantial, representing a three ft. reduction from the code requirement for a 44 sq. ft. section of the deck at the front, and 17 sq. ft. section of the deck at the side. 4. The difficulty was self-created when the new construction was planned without conforming to the current Town Code requirements. 5. No evidence has been submitted to suggest that a variance in this community of single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the, benefit of an addition, 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 Goehringer, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the June 14, 2004 site plan prepared by Samuels & Steelman, Architects. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-0 L Ruth D. Oliva, Chairwoman 814104 Approved for Filing RECEIVED TOWN OF SOUTHOLD JUN 1 5 2004 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF FFFALS NOTICE OF DISAPPROVAL DATE: June 8, 2004 TO Samuels & Steelman for John&Martha Watts 25235 Main Road %C (O fl G-& Cutchogue, N Y 11935 Please take notice that your application dated June 3, 2004 For permit for additions to an existing single family dwelling Location of property 295 Harbor River Road, Orient.NY County Tax Map No. 1000 - Section 24 Block 2 Lot 8 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds: Proposed addition to a non-conforming single family dwelling, on a non-conforming 32,564 square foot parcel in the Residential R40 District, is not permitted pursuant to Article XXIV Section 100- 242A which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings-" Pursuant to the ZBA's interpretation in Walz#5039,such addition will constitute an increase in the degree of nonconformance. The proposed addition is not permitted pursunt to Article XXVI Section 100-244 which states that conforming R40 lots, measuring between 20,000 & 39,000 sq_ft.require a min side yard setback of 15'. The site plan indicates a side yard setback of approx. 12'. The front yard setback indicates a distance of approx.35'. The required min. front yard setback is 40'. Authorized Signature _r 03/08/2004 15:20 63177659064 ZBA PAGE 04 4 ) APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -) ��_� For Office use Only _.. - fee:s ht'; riled riy:,/�� F,�-17\Jff 7,)„L,,-`ldnte Assigned/Assignment No. �6 02_lC rc1�f' � .J ATTS J &M(N STEELMAN) 5562 GG ADDNS-SIDE & FRONT SB 24-2-8 R40 - --. -- I 295 HARBOR RIVER RD-ORIENT -" Parcel Location: Ho&kb: =:li0'O:Steet:&arbor . River 'Rd . Hamlet Orient SCTIVI 1000 Section 24 Bloch-02.Lot(s)G8 Lot Size .748 ._. 7,nne District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED; ApplicantiOwner(s): John and Martha Watts Mailing Address: 2 Pierrepont Place, Brooklyn -NY 11201 Telephone; 718-875-4316 NOTE: ii:ppll ca ut it nOI the owner,stale If applicant Is owner's attorney,agont,n rd.jlecl,builder,co inner v nrlcq or, Authorized Representative: Samuels, and Steelman Architects Address. Z5235 Main Rd . Cutchoque, NY 11935 Telephone: 631- 734-6405 Please specify who you wish correspondence tb be,n)&iled to, from the above listed names: 0 Applieant/Owncr(s) id Authorized Iteprese()t Live 0 Other: -WHEREBY THE BL/R,DING INSPECTOR DEN /ANAPPLICATIONDATED 6/3/04 FOR: 1 , Building Permit 0 Certificate of Occupancy 0 Pre4Ceitificate of Occupancy D Change of Use 0 Permit for As-.Built Construction 0 Other; Provision of the Zoning Ordinance Appealed, Indicate;Article, Section, Subsection and paragraph of ZZoning Ordinance by numbers. Do not quote the `vtle. Article XXVI _Section 100- 244 'Subsection__ — Type of Appeal. An Appeal is made for: IR A Variance to the Zoning Code or Zoning. ay. Cl A Variance due to lack of access required k New York Town Law-Section 280-4. D Interpretation of the Town Code, Article 1:, Section D Reversal or Other .11 A prior appeal 0 has 0J has not been made with respect fo,tjis property UNDER Appeal No, Year @3/09/2004 15:20 6317659064 ZBA PAGE 05 • , Page 2 of 3 - Appegl Application • Part A; AREANARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: (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 on adverse effect or Impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? (X) Yes, or ( ) No. If not, is the construction existing, as built? ( ) 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) See project _ description This Is the MINIMUM that is necessary and adequate, and at the same lime preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. ( ) Check this box and complete PART B, Qu tions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorne otherwise •laa_e • •ceed to the si•nature and notary area below. r nature JA•pellant or Authorized Agent Sworn to before me this (Agent .Vt submit Authorization from Owner) I - •yof .>,I2005 (Notary Public) ZDA App 9/30/02 R NotaryPAToublic,ICIA StateRICHARDS of New York No. 01R16042467 Qualified in Suffolk County Commission Expires May 30, t . rem Watts Residence Area Variance Reasons 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house is located in an area of Orient that has very few houses. Harbor River Road has two houses at the corner of Skippers Lane and the Watts,residence is separated from them by the Oysterponds Historic Society property. Harbor River Road ends at Orient Harbor and the Watts house is the last house on the street. The existing house was built over 75 years ago and predates any zoning requirements and as a result does not conform to the current setbacks. The proposed additions will not create an undesirable change in the character of the neighborhood because the proposed Entry Porch and Deck is in filled between the two wings of the existing house and will not extend beyond the existing structure: 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other that an area variance, because: The main Entry into the existing house is very small and is located in an area that makes the Living Room difficult to use. By relocating the Entry further to the north, the Living Room can be used more efficiently. Architecturally, the enlarged porch will make-the front of the house more visibly pleasing. (See existing photographs&proposed Elevations). The open Deck area on the north side of the Entry Porch will provide access to the garage from the front door. The Deck to the south of the entry will balance the opposite side. 3. The amount of relief requested is not substantial because: The proposed Deck areas encroaching on the side yard setback is 17 square feet. The Entry Porch & Deck area encroaches on the front yard setback by 44 square feet. Both areas do not extend beyond the existing house which currently encroaches on the setbacks. c Q v .4. The variance will NOT have an adverse effect or impact on the physical environmental conditions in the neighborhood or district because: The existing house is located 147 feet from Orient Harbor. The proposed addition is located 159 feet from Orient Harbor and is behind the existing house on the water side. There will not be any adverse environmental effects on the neighborhood. t 03/08/2004 15:28 63176.559064 ZBA PAGE 06 " /Th PROJECT:)ESCRIPTION • (Please include with Z.B.A.Application) Applicant(s): John and Martha Watts • I. If building is existing and alterations/additions/renovations-are proposed: A. Please give the dimensions and overall.square footage of extensions beyond existinE huilding: Dimensions/size: — 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: 7 ' x 26 ' –10" Square footage: 187 S :F. - II_ If land is vacant; • Please,give dimensions and overall square footage of new construction: Dimension/size: q • uare footage of n— Height: — W. Purpose and use of new construction requested in this application: Entry porch and deck. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code rcquircrncnt(s): Existing house pre–dates the Zoning .Codeand buildinq does _ nonconform to the required setback. The proposed additions are located between two wings of the existing structure and will not extend beyond the line of.:the existing house. V. Please submit seven(7)photos/sets after staking corners 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 (765-1802) or Appeals Department (765-180.9) ifyou are not sore. Thank you. 9 e 03/09/2004 15:20 6317659064 ZBAPAGE 07 QUESTIONNAIRE ;FOR FILING WITH YOURZ.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? • ❑Yes 7No. R Are there any proposals to change or alter land contours? ❑Yes P.T No C. I) Arc there any areas that contain wetland grasses? No Z).Are the wetland areas shown on the map submitted with this application? — 3)-is the property bulk headed between the wetlands arca and the upland building area? Yes 4) 1f your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination ofjurisdiction? Yes D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you arc submitting? None (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises?No 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? No _if yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Residential and proposed use residential 1 M ). Sgt l 7. .r i a and Date ,�. PAGE 0s d,D1 APPLICANT 'w' • TRANSACTIONAL DISCLOSURE FORM • The Town of Southold's Code of Ethics prohibits conflicts of interest on the.part of Towj officers and employees. The_.p ose of this jQrm is to provide informatiod, which can alert the Town of • podsible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Nancy Steelman (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.) P NATURE OF APPLICATION: (Check all that apply.) Tax Grievance _ Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other • If"Other", name the activity: • 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 th'.�� ..d.y e 9 ,e,___2204- Signature: / ,• �' , �. Print Nam/ .* are t — =' — LEGAL NOTICE SOUTHOLDTOWN BOARD OF APPEALS THURSDAY,JULY 15, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959. on Thursday, July 15, 2004, at the time noted below (or as soon thereafter as possible): 11:05 a.m. JOHN and MARTHA WATTS #5562. Request for a Variance under Sections 100-242 and 100-244, based on the Building Department's June 8, 2004 Notice of Disapproval concerning proposed additions at less than 40 feet from the front yard line and less than 15 feet on a single side yard, at 295 Harbor River Road, Orient; CTM 24-2-8. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 26, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN I �) A, 1 o -:-.2-?— 2 8 TOWNOF SOUTHOLD PROPERTY RECORD CARD s OWNER STREET x977` - _ , •VILLAGE DIST. SUB. LOT - Y •e - FORMER OWNER N ;,,1 E 9 ACR_ 0 (/,5'/P✓ l o vt l-s .047-rine. I n,�c s . .-,i3,..,. .-.:, - 1 - - 1V/4/Id 05'5e55 1, • S / W TYPE OF BUILDING )003 /45 F � V1er # cjf a a.t, ie, S� � yrs .�c '-' �"�'A.a.Q-_... re. ES. SEAS. o2 (00 VL. ' FARM COMM. CB. /MISC. Mkt.'Value /00 LAND IMP. TOTAL DATE REMARKS I a /6rt9 A.70-4) , 4/3pn ______Q2a_8'93,La4.44 'f41�°lAIQto er . 'VdQ ' ' 4r39a,00c� of oma 33 a d .i-3o o V/ P/� 8731//n--.13-1-74,-R 5/� c enst 4ote '©u, a...cbe.aks .6( 7 6 0 fl a S e-0 ,s o-o ~ a/ y A I 3 g 6 c+ 3. J`u o 6P 7 a A we0 '` 17/7 0 .4, . .,2 6-1-00,14-71S1;32xie> 5 100.21 nee V/ 1+18/99 v. AGE BUILDING CONDITION VEA/ NORMAL BELOW ABOVE -5 � 19112. 8,6 OS - =ARM' Acre Value Per • Value Acre illable 1 \ 1 •"' 1r J fi illable 2 illable 3 / ,. r 'oodland /� 1 ;4 C Qrr. .ts !" fdataJc ?�I/t� vampland FRONTAGE ON WATER f/ f G2 a1. 00 .-: ,V 2-4 G •ushland FRONTAGE ON ROAD ouse Plot DEPTH ,,,, 7 "+ ° BULKHEAD a., ,5 rtal DOCK ... , - IIIII = . _ d'...=,—.. IMMO -2.171111Mn .1 . .....q..... COLOR gripi—wilm4 sms II -rim g ' immutinem. MAI ..mir TRIM all.111111 111n1111=111 1 alms_ = -i ,..,, - 11111111 '-±,TicLid,Thl_tmmommillimilLeallil 1 0.. e i 'a lau p i ,,,, Ili h It . ' • [ Nal ....4 ......„.. s. NE Lill iji 1111114, I kyr ME __ SC 111111.12Lm 11111.1111111arinall1111 --r. - , A mini AtAtAillil1W-111-11011})141))1L) ))41m,ii) )1)1)) Lni ) itn III nilir 441w/471,h/ill [11111111101 WI h, i I 1 ihillPi in S . • Dinette both e a K. Foundation _ //VYA... • 70 i v'.6 Floors Finish LR. Bldg. .....a -7( 0 .4 17 Basement ' Nnterior /q z°— 7 1° 1;6,i , DR. sigasExt, Walls ;tension 3 X I jil 41., 74:3e ,_ 2.0 Type .Roof 6,74 6ific Heat ' • n).. 23 Fin Place Fl MM.BR. -- --` <tension Rooms 1 st. Floor of as FIN. 6 (tension 0 Recreation Room — • , i /a- t 1-° 2-r _ Dormer L . rah , if i \°1 )rch L C V ASA Driveway • • I= ireszeway 176 9 _ : • 42- arage h_ K -.), y..-- ...., 3/6, )/" - t -elii: ; • ' Sin l e" ; ). B. g r RI i tvpilinik24 1 I)( I it. (fees iota! 6-116 lkfri I 1 r- SITE DATA SCTM # 1000-24.02.08 PROPERTY: 100 HARBOR RIVER ROAD ADRESS ORIENT, NY. 11957 OWNER: JOHN AND MARTHA WATTS 2 PIERREPONT PLACE BROOKLYN, NY. 11201 SITE AREA: 32,564.18 SQ. FT. = 0.748 ACRES LOT COVERAGE: ui g EXISTING: 2006 SF OR 6.1% PROPOSED: 3572 SF OR 10.9% O 0'•+a N/0 ! cer social9 1 0.03' .0. ZONING: > pcols NTs ur._, ZONING: R-40 a sc" (Orilijin p ANS rauM° .A,z.` 'S FLOOD: "AE"(EL.10) & "VE"(EL.11) (/) Z )j) µ - • �� ZONE Z „,i rn 0 z , �.,' • SURVEYOR: JOSEPH A. 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ST F, O,0 ! y N 29'56'21 " W 13427' * _ -.1795 c sr %>/iit.. ,- ORIENT HARBOR •RODE O: 0317 DRA BY: NNNII,Ple \ RJB CHECKED BY: DATE: JUNE 14, 2004 SCALE: % 1" = 20'-0" SITE PLANcL SHEET TITLE: SCALE: 1" = 20' - o' N '\� 4ii‘ / SITE PLAN IF V SHEET NO.: s p 2 rl N N a 0 R, r 0 LETTER OF AUTHORIZATION John & Martha Watts 2 Pierrepont Place Brooklyn, NY 11201 • February 4, 2004 We hereby authorize Nancy Steelman of SAMUELS & STEELMAN ARCHITECTS to act as our agent in obtaining all permits required by-Town of Southold, Suffolk County and New York State for the construction of our residence at 100 Harbor River Road, Orient, New York. f �� C /". 7 p Watts H/171 Martha Watts } ZONING BOARD OF APPEAL._=._.! A \�fOffice Location: Annex Minding on Youngs Avenue `A Mailing Address: 53095 Main Road, Box 1179 Southold,NY 11971-0959 Emails: Linda.KowalskiATown.Southold.ny.us or Jessica.Boger( Town.Southoid.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 fax(631) 765-9064 FAX TRANSMISSION FAX# 73 y-4. d!�_' ATTN: `7�..,.L ,��� (� G ,zrl DATE: t/ oZ 7 /2004 SUBJECT: g_ it M. b00,671-s M cY MESSAGE: Please find attached copies for your information. Z/3/4 .r�ar�1 dvJ .� •2—�cr�.a-�-�� �C��cvili22,�,��. ?02e. Please feel free to call if you did not receive all sheets between 8-4. Thank you. Pages attached: el-. • r7 111 1 :1,5 NY' r7., MillirrA 11 I ni it Watts Residence Vie .ro street 4 - S A M U E L S & STEELMAN June 17, 2004 Board of Appeals 413—e.5loc=2- Town of Southold Main Road Southold, NY 11971 Re: Watts Residence 100 Harbor River Road Orient, NY 11957 SCTM # 1000-24-02-08 Dear Board Members, My clients, John and Martha Watts are applying for a Variance due to proposed additions encroaching on the side yard and front yard setbacks. A Notice of Disapproval from the building department was issued on June 8, 2004. Attached, please find Seven (7) sets of the following information as requested for the Variance application: 1. Cover Letter 2. Letter of Authorization 3. Notice of Disapproval 4. Building Permit Application 5. Board of Appeals Application & Project Description 6. Area Variance Reasons 7. Z.B.A. Questionnaire 8. Transactional Disclosure Form 9. Set of Drawings (Site Plan, Floor Plans and Elevations) 10. As-built Survey 11. Photograph 12. Check for $150 (Variance is for area less than 200sf) If we can provide any additional information, please do not hesitate to call. Sincere) , Samu= s & Steelm.. Architects A,/ ancy Stf -an, R.A. ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631)734-6405 FAX(631)734-6407 rY ELIZABETH A.NEVILLE ;itaAN �a Town Hall,53095 Main Road TOWN CLERK ® • P.O.Box 1179 tra Southold REGISTRAR OF VITAL STATISTICS New York 11971 °p► MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ,;� ��® 1 Telephone(631) 765-1800 ills • FREEDOM OF INFORMATION OFFICER ,� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 23, 2004 RE: Zoning Appeal No. 5562 Transmitted herewith is Zoning Appeals No. 5562 - John and Martha Watts -Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Project Description; Zoning Board of Appeals Questionnaire; Transactional Disclosure form; Area Variance reasons (three pages); one color photo; Letter from Nancy Steelman detailing enclosures; Letter authorizing Nancy Steelman to act on behalf of John and Martha Watts; Notice of Disapproval dated June 8, 2004;Building permit application dated June 3, 2004 and one property survey. Town Of Southold P.O Box 1179 Southold, NY 11971 - * * * RECEIPT * * * Date: 06/22/04 Receipt#: 11601 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 11601 Total Paid: $150.00 Name: Watts, John & Martha 2 Pierrepont Place Brooklyn, NY 11201 Clerk ID: BONNIED Internal ID:96368 1 O W IN OI SOU1'HOLD BUILDING' "_.KNIT APPLICATION CHEC;KLIS 1 BUILDING DEPARTMENT Di> have or need the following,before applying` TOWN HALL Board of Health • SOUTILD,NY 11971 3 sets of Building Plans T1 L: (631)765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.netlSoutholdl PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c ___ � APPROVAL PPROl1AL Phone: 7M-- e ,4as Expiration ,20 Building Inspector p. -� �n ! . {{ , ;i APPLICATION FOR BUILDING PERMIT `fY � 3 i Date 'iC , 20 v�1 l° INSTRUCTIONS aT0'his a ,hdattoml t6UST e 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 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 remova or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,ho •ing code . d regulations, and to admit authorized inspectors on premises and in building for necessary inspections v /.j/. _ _Jl�- ,�. SLIT ' re of applicant tor name,if a corporation) 2_52,2)6_ 14lf--) k)4, �� (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises joho imLr& JS (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer • . (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whichroposed work will be done: mror Rio y- Rod. ouse Number Street Hamlet County Tax Map No. 1000 Section "- 24. Block 0 2 Lot 08 Subdivision ' " Filed Map No, Lot (Name) 2, State existing use and occupancy off premises an intended use and occupancy of proposed construction!' •1, a. Existing use and occupancy ii � b. Intended use and occupancy l j. -1car)GES_ 3. Nature of work(check which applicable): New Building (Addition Alteration Repair Removal Demolition O er Wor (Description) 4. Estimated Cost Fee I `1) ,1e on filing this application) 5. If dwelling, number of dwelling units / Number4f d* i t'�ni s ch floor If garage, number of cars -- 1 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories • Dimensions of same structure with alterations or additions: Front • ti ; it ZONING BOARD OF APPEALS MAILING ADDRESS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue June 28, 2004 Re: Chapter 58 — Public Notice for Thursday, July 15, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before JULY 6: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which _ shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by July 6: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By JULY 6: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Enclosures duTkLuF HjEA ;1010 A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road , Southold , concerning this property: NAME : JOHN & MARTHA WATTS 5562 MAP #: 24-2-8 APPEAL: SETBACKS PROJECT: ADDITIONS DATE : THURS. JULY 15 2004 11 : 05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765-1809 OFFICIAL USE ONLY WATTS J & M (N. STEELMAN)5562 GG i ADDNS-SIDE & FRONT SB 24-2-8 R40 LABEL (4) 295 HARBOR RIVER RD ORIENT CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX#'S WRITTEN / ASSESSORS CARD (7) PULL NOD FROM BD — 1 ON FLDR RT SIDE RESEARCH PRIORS (6) INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR SOIL &WATER LTR: PARCELS ON LI SOUND— Mail ASAP PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL/ JSUBDIVISION / LOT LINE /SCENIC BYWAY) INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN (071 COUNTY PLANNING LTR UPDATED: NEW INFORMATION: U.S. Po$tai.:Sei*.ioe--z ,. CERTIFIED:MAILRECEIP , , ... . ,... . . (Domestic Mail:(..inlic-No Insurance Coverag ided — .. ,. .. .. ti ' " ';',, ,I ii .=- I• gi ,. .=- Postage $ 0.83 UNIVID:-0935' rn , ,,,.._,,, ru •r-Z-/ d FeeCertifie tr" 2.30 lj Postmark t-4 Return Receipt Fee D JUL t- re2004)co (Endorsement Required) 1.75 0 Dji Ill 1=I Restricted Delivery Fee Clerk, ,: KVGJY0 i 0 (Endorsement Required) \ ''s•-,-____----" f Total Postage&Fees $ 4.88 o ru , rn aria S Ai&kgielan d i jii&)7)(i-C_Ca SOCI di 0 Street,A t No, e - ,- p or PO Box No ° '11( -7 1=1 City,State,ZIP-4 .• C...V1,0/1/ 1— M liq S-'7 PS Form 380b;3anuarji:2001 :',t- 7_,:.77 ;.'7. :: riSee Reverse for Instruc i- - : I. . Postal Ser inK=- :a DM . - (Domestic Mail Only;No Insurance CoveragE ided a- rs- 1,"ii 1t4 1 ,f--`' r, 4 i 1 �l '0 t('� pews .- HASTINR. f1N bllil�fl�t;` NY 1'07Q '' :'� 7 rrt Postage $ 0.83 UNIT�ID•109_35 v�— 0, � �. Certified Fee l�q ,a ru ?.30 = Postmmar{c \" , Return Receipt Fee )t He �U (Endorsement Required) 1.75 , )ct I= Restncted Delivery Fee )CieYI/KUGJYO f O (Endorsement Required) \\\J ! O QS Total Postage&Fees $ 4.88 07/06404 US' rll Sent To Street,Apt r.1 !/' L /I or PO Box No ,1y,Vr O C ty,S-e,ZIP+4 o g St% i' c�--HAI S4 '\raz �. 10/0 U PS Form 3800,January 2001.• - ee'evers .r n r rznx U.. . Postal ervrc= CERTIFIED MAIL RE "(Domestic Mail Only;No Insurance Coverag ide. ru f p /':� ;i fl " 1, =- 0RIENT NY -1957' ,. t,� M;l `,1 L___, rn Postage $ 0.83 UNIT IU: 0935 1.11 r� Q... Certified Fee 'c\ri, ; a 2.30 -Postmark.!. Return Receipt Fee /�Ov Here (Endorsement Required) 1.75 lill �C� 0 Restricted Delivery Fee Clerfv°��KVG:JYU�IO�} ','r O (Endorsement Required) o VU�� —U t_ LI � Total Postage&Fees $ 4.88 07/06/04 O \ \ 11.1 Sent To `�Uvn�„� I ,lm!�,-asI.-e. j JLA S '� — orStreet,Apt No, ' t�_ 1 p. ,� or PO Box No "fJ-t✓o ,1(r{v�t fl/� OCity,Stateo��'n ` 93 1 / 5 1 r- '1 PS'Form 3800,January 200Y . See Reverse fo Instr (Rik • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of • AFFIDAVIT 5vh h tAku-H-s OF (Name of Applicants) MAILINGS CTM Parcel #1000- 9k-( - a - COUNTY OF SUFFOLK) STATE OF NEW YORK) ("Pan ,ia_ Ri'cikokrio residing at 'Yd so`o,,.61 U , New York, being duly sworn, depose and say that: On the ' day of 3-1)1L12005(1, personally mailed at the United States Post Office in C.A.)-7.1A-604A—:k. , New York, by CERTIFIED • MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal • Notice in prepaid envelopes addressed to current owners shown on the current • assessment roll verified from the official records on file with the) Assessors, or ( ) County Real Property Office Sv )L0 , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. l7 (Signature) Sworn to before me this , town �. da f J c LU , 200`7 Yf ciNc*-y OIRM LI .14.,x, 01 /'(No Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers • next to the owner names and addresses for which notices were mailed. Thank you. Mom -710-k f S 3O iWarbca.. 1zeit 11q - 7 /615A) —ac{ - a--9 --C aA- 3_ . JA +. z a 1 k -12 2 (9 1_-e-`r3 t) A Q 146111V Ov\_ )-1-061,3cr irk) - • 1.1 =.,- -)-(rt)u-ti O ) 1 116107 1401ly:Wediri►» >rmrC16XYger[•l. COMPLETE THIS SECTION• D LPA W ■ Complete Items 1,2,and 3.Also complete A. sign:. item 4 If Restricted Delivery Is desired. / ( ❑Agent INPrint your name and address on the reverse X 0 Addressee so that we can return the card to you. R:ceived.y .,'rite• ame) C�gata�f Deeliv:ry • Attach this card to the back of the mailpiece, I _! or on the front If space permits. I 0 0 D. Is delivery address d' rent from item 1? ElYes 1. Article Addressed to: if YES,enter delivery address below: 0 No 0\134 r po45 P,'s n eed socIe(1 ? a . r� , 76 r, NY ) 1S7 3.'Service J Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service lab 7001 0320 0002 19 2 34 4 8 6 PS Form 3811,August 2001 Domestic Return Receipt '-D'3 2ACPRI-03-n09e5 UNITED STATES POSTAL SERVICE First-Class Mail I 111,1 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name,address,and ZIP+4 in this box • Samuels&Steelman Architects - 25235 Main Road Cutchogue, New York 11935 lr,:ll��rlllillarell��l:it�telf,�l�fletl'atasf�Eril�ti�i„irlifi , Y4►1.14: el9U►gliailli .Y_ Wr.JuI:In* rif:ATIx rrr.lffz.J.leallifan• ■ Complete items 1,2,and 3.Also complete Item 4 If Restricted Delivery Is desired. I ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. 'ate of D livery • Attach this card to the back of the mailpiece, or on the front if space permits. 1.Article Addressed to: D. Is delivery address different from item 1? 0 Yes if YES,enter delivery address below: 0 No Mo S N-IcACS ad rbcn.Ate. cj 3. Service Type ort a,'+ N 1 ,q S/ 1rCenif'ied Mail 0 Express Mail V v' ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 0320 '0002 1923 4462 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt M7" 2ACPRI-03-Z-0985 UNITED STATES POSTAL SERVICE First-Class Mail I IN .! Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name,address,and ZIP+4 in this box • Samuels&Steetman Architects 25235 Main Road Cutchogue,New 1brk 11935 ttlt • • 4a ✓ • , • • ., ZONING BOARD OF APPEALS C TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ` tylexp Sce144-wli.0 residing at ii�t V so-40)-(-- , New York, being duly sworn, depose and say that: • On the u day of 3-)11 , 200 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property,located ten (10)feet or closer from the street or right-of-way(driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in pl- -- for seven days prior to the date of the subject hearing da'`°, •--.in• - was shown to be ?f/��o� gab /.A (Signature) Sworn to before me this /cf day of J011 , 200• Cf PATRICIA Otoiks2e4,01e Notary Public, Stateate of of New York No. 01 R16042467 (Notary Public) Qualified in Suffolk County Commission Expires May 30, 2010-c. *near the entrance or driveway entrance of my property, as the area most visi to passersby. • COUNTY OF SUFFOLK 'er VIA '� �" ' SEP 2004 6 STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPAKIMENT OF PLANNING u9 DIRECTOR OF PLANNING September 13, 2004 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Latapie, Francois and Suzanne* 5466 Bremer's Market&Deli (d/b/a North Fork market &Deli) 5531 Nesin, Elaine 5533 Starwood, David and Jane 5534 Van Bergen, Jeanne 5535 Nigro, Thomas 5536 Saunders, Joan 5537 Wolleben, John 5539 Head, Graham 5541 Riverhead Building Supply 5544 Buerkle, Patricia 5545 Carway, John and Jacelyn 5546 Southold Fire District& Omni-Point Communications, Inc. 5547 Nesin, Elaine 5548 Fischer,Diana 5551 Berwald, David and Patricia** 5554 Epifano L. and Ryan P. 5557 Hoffman,David G. 5558 Carnesi, Anthony P. 5559 McFeely, John 5560 Leighton, Robert 5561 Watts, John and Martha 5562 Atkinson, Peggy 5564 McGrath, Genevieve ,5565 Penny V., George L. 5573 LOCATION MAILING ADDRESS H LEE DENNISON BLDG.-4TH FLOOR ■ P 0 BOX 6100 ■ (5 16)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6)853-4044 September 13, 2004 SUFFOLK COUNTY PLANNING DEPARTMENT Page 2 *Alternative relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. **Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Zoning Board of Appeals. ./74 • • t) Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNYIZONING\ZONING\WORKING\LD2004\SEPTISD5466 SEP LOCATION MAILING ADDRESS H LEE DENNISON BLDG -411i FLOOR ■ P O. BOX 6 100 ■ (516)553-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 1 6)853-4044 APPEALS BOARD MEMBERS'- Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P.Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 7, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed for your review, the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED /VARIANCE R W B 5466 LATAPIE ACCY GARAGE — FRONT YARD LOCATION X 5531 BREMERS DELI NEW DELI — FRONT AND SIDE SETBACKS X _ 5534 STARWOOD AS BLT DECK ADDITION — BULKHEAD SB X 5535 VANBERGEN LIVING ROOM ADDITION — FRONT YARD SB X `• 5536 NIGRO DECK ADDN (GUEST HOUSE) — FRONT YARD X 5537 SAUNDERS LOT LINE CHANGE —TTL SIDE YARDS SB X 5539 WOLLENBEN REPLACE GARAGE — FRONT SETBACK X 5541 HEAD ATTACH GARAGE TO HOME & ADD 2ND STY X 5544 RVHD BUILDING ERECT 3RD WALL SIGN X 5545 BUERKLE FRONT PORCH ADDITION — FYSB X 5546 CARWAY DECK— REAR YARD SETBACK X 5547 SHLD FIRE REPLACE TOWER OVER 60' X 5548 NESIN HOUSE — BLKHD SB & APPEAL PRIOR ZBA X 5551 FISCHER NEW HOUSE — FRONT SETBACK X 5554 BERWALD ADDN/ALT ACCY GARAGE —2ND DWELLING X 5557 EPIFANO ADDNS/ALTS — FRONT YARD SB X 5558 HOFFMAN ENCLOSE PORCH — SIDE YARD SB X 5559 CARNESI REBUILD ACCY BLDG — FRONT & SIDE SBS X 5560 MCFEELY DECK ADDITION — BULKHEAD SETBACK X 5561 LEIGHTON 2ND STY ADDN/ALT—TTL SYS & BLKHD SBS X 5562 WATTS ADDNS — SIDE AND FRONT SBS X 5564 ATKINSON AS BLT DEMO & CONSTRUCT DECK—TTL SY X 5565 MCGRATH 2N0 FLR & PORCH ADDN X 5573 PENNY BDRM, BATH & LAUNDRY ADDN — RYSB X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, r Jess Cusumano •lir Enc.