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Home My WebLink About5566 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF' APPEALS TOWN OF SOUTHOLD 8EP 2 8 2004 FINDINGS, DELIBERATIONS AND DETERMINATION $ own Clerk ZBA FiFe No. 5556 - JEFFREY and SUZANNE SMITH Property Location: 955 Pequash Avenue, Cutchogue CTM 103-7-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 10,915 sq. ft. parcel has 52.03 feet along Pequash Avenue and a lot depth of 199.34 feet along the northerly property line. The parcel is improved with a single-family residence located 40.9 feet from the front line, 15.1 feet from the northerly side, and 10.5 feet from the southerly property line. BASIS OF APPLICATION: Building Department's June 15, 2004 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct additions which will result in a 23% lot coverage, or 327.45 feet in excess of the code's 20% limitation. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 19, 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 8 ft. x 24' porch addition and 5' wide porch along the side of the dwelling, as shown on Drawing P. 2 of Project #2514 prepared by Penny Lumber. Together with the existing building area (including the 12.2 x 12.2 shed), the lot coverage will be 23%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants wish to expand the foot print of their home with a new front and side porch addition. The increased lot coverage will be three percent over the code limitation of 20%. The addition will meet or exceed the required front yard setbacks. The neighborhood consists of five other lots on the same side of the street with similar lot coverage as the applicant's proposed 23%. P~ge 2 - September 7, 2004 File No. 55~6 - Jeffrey and Suzanne Smith CTM Id: 103-7-22 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is only 10,915 square feet and is the smallest in the neighborhood. 3. The relief granted herein is substantial, representing a lot coverage of 23% instead of the code limitation of 20%. 4. The difficulty has been self-created and is related to the need for a new front and side porch, planned with a design that would not conform to the current Town Code requirements. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants 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 Tortora, and duly carried, to GRANT the variance, as applied for, as shown on the plan Drawing P. 2 of Project #2514 prepared by Penny Lumber and diagram stamped by Penny Lumber indicating "Smith Residence, drawn 10/1972, and confirmed by the August 27, 2004 Stanley Isaksen survey submitted and date-stamped August 31,2004. 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 ~ode, other than/each )~ses, ,,setbacks and other features as are expressly addressed in this ac~.. / Vote of the Board: Ayes: Members Oliva (C~irwor~n~, ~'~o~ripg~, Tor~a, Orlando, and Dinizio. This Resolution was duly adopted (5-0). /~.~F/ Vince~t/~)rla~lo, A t,~;~ (~t~-m~n 9/~04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 19, 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 (new) public hearings 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~ AuRuet 19~ 2004 at the time noted below (or as soon thereafter as possible): 9:40 a.m. JEFFREY S. SMITH #5566. Request for a Variance under Sections and 100-244, based on the Building Department's June 15, 2004 Notice of Disapproval, for the reason that the lot coverage with the proposed addition will exceed the code limitation of 20 percent. Location of Property: 955 Pequash Avenue, Cutchogus; CTM 103-7-22. 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: July 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June 15, 2004 TO Jeffrey Smith 955 Pequash Ave. Cutchogue, NY 11935 Please take notice that your application dated June 2, 2004 For permit for an addition to an existing single family dwelling Location of property 955 Pequash Ave. Cutchogue, NY County Tax Map No. 1000 - Section 103 Subdivision Filed Map # Block 7 Lot # Is returned herewith and disapproved on the following grounds: Lot 22 The proposed addition to a conforming single family dwelling, on a non-conforming 10,965 square foot parcel in the Residential R40 District, is not permittod pursuant to Article XXVI Section 100- 244 which states that lots measuring less than 20,000 sq.ft, require a maximum lot coverage of 20%. The site plan indicates 23% lot coverage. Authorized Signatu D ' APPLICATION TO THE SOUTHOLD.TOWN BOARD OF APPEALS For Office Use Only Date Assigned/Assignment No. Of tic SMITH, JEFFREY S 103-7-22 R40 5566 GG 22.8% LOT COVERAGE - DECK EXT. 955 PEQUASH AVE CUT Parcel Location: House No.~ Str e et ~,~-// SCTM 1000 Section ~/~_Block ~ Lot(s).~_.~ Lot Size Hamlet~ Zone District_~ ~ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Apphcant/Owner(s): .~ffff'~.~,,, ,~e~'~" ,J',tO/7"~/ / j~: ,~ - ~ / ' . · [ ' I ~';i2 ~ ~ / ' t ~ ~004 Mailing. [ ~ ~U04 / Address. ~_ _ ~ff~aff~ ~/ C~ ~o~ w.~,E ' ¢ //P~S~"~t~,'~ .,. // Authorized Representative: Address: Telephone: ~'~:K; Please specify who you wish correspondence tO be mailed to, from the above listed nam.es: I~'Applicant/Owner(s) [] Authorized Representative 13 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: Ig Butidlng Permit I3 Certificate of Occupancy 13 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zontng Ordinance by numbers. Do not quote the code. Article Section 100- ~ ~ Subsection Type of Appeal. An Appeal is made for: ,~'A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [3 has lg has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (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 ot relief requested is not substantial because: ~ (4) The variance will NOT have an adverse effect o[ Impact on the physical or environment con,,dltions In fhe~nelghbor, hood or dislTict because: ,~'Z~ -.~.-~-; - _ ..~ .... ,~ al ($) Has the variance been ,.li{.crec~ed;~- ¢~-'1-'~,~'. -- exlsting, asbullt? ( ) Yes, or { )No.-' '"~' .... u, t I rea. ~t not, IS tl~e construction' (6) Additional Information about the surrounding topography and building areas fhaf relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) ~q %./, c~,.~ ~,~ This Is the MINIMUM that Is necessary and adequate, and af the same time preserves and protecb the character o! the neighborhood and the health, safely, and welfare o! the community. ( ) Check this box and complete PART B, Questions on next page to apply~ ~ (Please consult your attorney.) Otherwise, please proceed fo the slanature add or Authorized Agent (Agent mud submit A~thorlzalion from Owner) ORMER OWI(IER N L ~/ E ACK, '~ W ~ ~ TYP ~S. ~' SEAS. VL } FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL / DA~E R EMA RKS/~,~/~76/7j~ ~j~ / 'l I, ~ NOeL BELOW ABOVE :A~ Acm Value Per Value ~re illa~e 1 liable 2 liable 3 ~mp~ · FRONTAGE ON WA~R ~land FRONTAGE ON ROAD ,uk p~ DEPTH , ' ~ ~ ~ BULKH~D ~1 'J ~ ~ D~K " t,~../~. ;:..~,~. TOWN OF SOUTHOLD PROPERTY RECORD CARD SUB. LOT OF BUILDING COLOR :al Foundation Basement Ext. Wails Fire Place Type Roof Recreation Bath Floors Finish Heat ~/,.~. ~. ROOms 1st FlOOr Rooms 2nd Floo~ inette DR. FIN. B. Driveway · S 45' 32'20" E 57.95' 1LOT S.F. = 10,965 S.F. JTOTAL S.F. (250,.3 S.F.): J HOUSE = 1327 S.F. (INCLUDING C ANTILE'VER) DECK / PORCH = 1032 S.F. SHED = 144 S.F. PERCENTAGE OF BLG/DECK/PORCH VS. LOT AREA = 22.8~ 13.958' 24.667' DECK 2 STY. FR. HSE. 00' 24.00' 24.00' 10.5' N 45'129'0" W 52.03' PEQU ASH AVE. SCALE: 1" = 20'0" SMITH RESIDENCE ORIGINAL SURVEY DRAWN BY: VAN TUYL & SON LIC. LAND SURVEYORS GREENPORT, NY DRAWN 10/1972 PENNY LUMBER Box 1440-North Rd. Mattituck NY 11952 ; EXISTING DECK PEQUASH AVENUE RECEIVED AUG 3 1 2004 zONING BOARD OF ~P~PC-A~LI SURVEYED: 27 AUGUST 2004 SCALE 1"= AREA = 10,915 S.F. OR 0.25 ACRES SURVEY OF DESCRIBED PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY', N.Y. T~# !000-105-07-022 GUARANTEED TO: jEFFREY S. SMITH SUZANNE H SMITH SURVEYED FOR: JEFFREY S. SMITH SUZANNE H. SMITH SURVEYED BY STANLEY d ISAXSEN, JR. P.O. BOX 294 NEW SUFFOLK. N.Y. 11956 04R1~4~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 27, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 By Hand Mr. and Mrs. Jeffrey Smith 955 Pequash Avenue Cutchogue, NY 11935 Re: ZBA File No. 5566 - (Variance for Lot Coverage) Dear Mr. and Mrs. Smith: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its September 7, 2009 Meeting. A copy was also furnished today as an update to the Building Department's DiSapproval issued June 15, 2004. Please be sure to contact the Budding Department (76E;i-1802) regarding the next step in the building and zoning review process. Thank you. Very truly yours, ~.iflda Kowalski Enclosure Copy of Decision 9/27/04 to: Building Department (PROPOSED~ S 45'52'20'E 57 95' · CONC ---6.2' N 45'2! PEQUASH 52.05 TIE= 170' AVENUE SURVEYED: 27 AUGUST 2004 SCALE 1"= 30' AREA = 10,915 SF. OR 0.25 ACRES SURVEY OF DESCRIBED PROPERTY SITUATE OUTCHOGU£, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JEFFREY S. SMITH SUZANNE H. SMITH '~ 1000-108-07-022 '?~A~AtqTEED TO: ~EFFRE¥ S. SMffR $,L'ZANNE H SMITH SURVEYED BY STANLEY J. ISAKSEN, P.O. BOX 294 NEW SUFFOLK· N.Y. 11956 04R~ 345 ZBA FILE # AND APPLICANT: FILE UPDATE NEW INFORMATION~FILE UPDATE: DateofBoardResolution:/~ox/' ?/q/~)4 ~/-d~ ~/d~0¢ _) Status at Hearing or Other Review: Items,Received: Other Item~ Pend'mg~bmission to ZBA File by Applicant(s): S~ ~5' ~2'20~ E 57,95* /LOT S.F. : 10,965 S.F. ~TOTAL S.F. (2503 S.F.): J HOUSE = 1327 S,F. (INCLUDING CANTILEVER) DECK / PORCH : 1032 S.F. SHED : 14-4 S.F. PERCENTAGE OF BLG/DECK/PORCH VS. LOT AREA = 22.8% 13.958' 24.667' ~; 2 STY. FR. HSE. 00' 24.00' 5.oo,,V~' %%~"~ ~ 24.00' N 45'i 29'0" W 52.03' PEQUASH AVE. SCALE: 1" = 20'0" SMITH RESIDENCE ORIGINAL SURVEY DRAWN BY: VAN TUYL & SON LIC. LAND SURVEYORS GREENPORT, NY DRAWN 10/1972 PENNY LUMBER Box t440*North Rd, Mattituck NY tl952 S 45' 32'20' E 57. g5' 13.958' 24.687' 14.5' 22.00' 2 STY. FR. HSE. ~ 00' ~ 135~ 24.00' ~', 10..~ 24.00' d5 N 45'129'0" W 52.05' PEQUASH AVE. SCALE: 1" = 20'0" SMITH RESIDENCE ORIGINAL SURVEY DRAWN BY: VAN TUYL & SON LIC. LAND SURVEYORS GREENPORT, NY DRAWN 10/1972 LK calculations 6/18/04 from info w/BP application: Re: Building Department application, ND 6/15/04 Jeffrey Smith ND (no calculations with N.D.) ~ sq. ft. 20% = ~ sq. ft. ~ 0-9 '/. 5 ~ proposed increase 3% or,S,~ sq. ft. ~ New areas and sizes with lot coverage calcs, need to be clarified by applicant and shown on map by a licensed professional (engineer, architect, draftsman, surveyor). 0 P ~~-~ ~. c T-,nk PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s):~ I, If building is existing and alterations/additions/renovations are proposed.' A. Please give~e~i_mensions and ove, rall square footage of extensions beyond existing building: D~menston~s~.'~lk'~c~'tx¢', ~ 3'~ I~ ('%~G-- %"~",t c~,~,! ~ t.~5 ~,~ ~ B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond ~e existing b¢ilding: Dimensions/size: ~5' 7 ' 5 Squ~e footage: ~ ~ ~ II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimensiordsize: Square footage:. Height: III. Purpose and use of new construction requested in this application: Additional infommtion about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tho subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? Q Yes ~'No 1) Are there any areas that contain wetland grasses? //)t~ 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~//A7 (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 are submitting? ,n,~n~' (If none exist, please s~'ate "none".) ,,/,' F. Do you have any construction taking place at this time concerning your premises? ~,,/~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. O. Do you or any co-ownes also own other land close to this parcel? ,~/-/~9 If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel ~ and proposed use TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The Durpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: O/~'/'O, 7'/~/e ex~.~F~.~"td ,~'~,~ 77' (Last naTme, fi~st name, middie i~tial, unless you are applying ia the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance )g Change of Zone Approval of Plat Exemption fi.om 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, martiage,/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 b'~aan If you answered "YES", complete the ce of this form and date and sign where indicated. Name of person employed by the Town of Southotd: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: Print Nan~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20__ Approved , ISAPPROVAL Disapproved a/c Expiration ,20 .. BUILDING I~[VIIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: - x Building Inspector APPLICATION FOR BUILDING PERMIT Xxr.', ~' :~ } ~STRUCTIONS ~. ~ ap~!imti°n ~ST be compl~ely filled ~ by ~ewfiter or in i~ md submned to the B~l~g hspector with 3 sets of p~, ~ate plot pl~ to scale. Fee accor~g to sched~e. b.X~f pl~ show~g location of lot ~d of b~l&gs on pre~ses, relations~p to adjoi~g pre~ses 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 tins application, the Building Inspector will issue a Building Permit to the applicant. Such a perrmt 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 mouths after the date of issuance or ha~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. ThereaRer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~/ F~St~gna~of applicant or name, ifa corporation) ffff (mail(rig addres~ o f applie/a~ / v State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~..~X~/,,,. ~,~,,~,t~ ~. ~ ~/~/ ~ (As on the ta~ roll ~ la'est 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. Location of land on which proposed work will be done: House Number ~reet / Hamlet~ County Tax Map No. I000 Section Subdivision Block ~ Filed Map No. (Name) o a. Existing use and occupancy b. Intended use and occupancy 4. Estimated Cost ~[~ [Otg/ 5. If dwelling, number of dwelling units If garage, number of cars Nature of work (check which applicable): New Building Repair Removal Addition I/~ Alteration 1/~ Demolition Other Work (Description) Fee ~ ,,~ i ~l~i~l, ing this application) /' Number of d~t~l~ ~ '~or 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth ~ ~ ',~ # Height .-. Number of Stories Dimensions of entire new construction: Front ~ t/! Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth of Purchase ~/q,a0 Name of Former Owner ~,,~ 10. Date 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO~ 13. Will lot be re-graded? YES__ NO A~ Will excess fill be removed fi:om premises? YES__ NO__ 14. Names of Owner ofpremises~__~~Address~ Phone No. 7,~'~toYff.ff ~/ Name of Architect ,,,, aw ~ Address ' ~ Phone No ~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE R~UIRED. b. Is this property within 300 feet of a tidal wetland? * YES N~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to,scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topograptfical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) ~-~"~",~d ~a-t/ ,.,5',,,.,o ~ ,,~,t~/! 7"~ being duly sworn, deposes and says that (s)he is the applicant (Name offfndivid-ual 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 knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thins ,.~ day of~e=~ 20~ ~-- y ffNotary Public JOYCE M. ~INS ~5~, S~k ~u~ ~/~ ~t SignatureofApplicant REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville June 24, 2004 Zoning Appeal No. 5566 Transmitted herewith is Zoning Appeals No. 5566 - Jeffrey S. Smith - Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Area Variance reasons; Project description; Notice of disapproval dated June 15, 2004; Building permit application dated May 24, 2004; Board of Appeals questionnaire; Applicant transactional disclosure form; copy of survey and building plans (eleven pages). Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/24/04 Transaction(s): Application Fees Receipt~: 577O Subtotal $400.00 Check#: 5770 Total Paid: $400.00 Name: Smith, Jeffrey 955 Pequash Avenue Cutchogue, NY 11935 Clerk ID: BONNIED Internal ID: 96515 TO Jeffi'ey Smith 955 Pequash Ave. Cutchogue, NY 11935 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL JUN I 8 2004 DATE: June 15, 2004 Please take notice that your application dated June 2, 2004 For permit for an addition to an existing single family dwelling Location of property 955 Pequash Ave. Cutchogue, NY County Tax Map No. 1000 - Section 103 Subdivision Filed Map # Block 7 Lot # Is returned herewith and disapproved on the following grounds: Lot 22 The proposed addition to a conforming single family dwelling, on a non-conforming 10,965 square foot parcel in the Residential R40 District, is not permitted pursuant to Article XXVI Section 100- 244 which states that lots measuring less than 20,000 sq.fL require a maximum lot coverage of 20%. The site plan indicates 23% lot coverage. Authorized Signature \~,,, \~ #7079 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Mary Jo Wrynn of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 12th day of August ,2004. ff /-/ ~incipal Clerk Sworn to before me this CHRIS?II~[LINSKI _ Pumc-s~m o, .,w NO. 01-V06108050 guallflecl tn Suffolk County Commission $~F, Irel Fe~rue~ ~8, LEOAL NOTIC~ SOUTHOLD TOWN ~OARD OF APPEALS THURSDAY, AUGUST 19, 2004 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Q~apter 100 (Zoning), Code of the Town of Southold, the following (new) public healings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at thc Town It~11, 53095 Main Road, P.O. Box 1179, Southold, New York 119714)959, on THURS- DAY, AUGUST 19, 20~4 at the times noted below (or as soon thereafter as possible): 9:00 a.m. KEVIN ~md SUSAN FERRELL #5538. Request for a ~ ~nder Section 100-239.4A pua~ at ~ thlm I00 feet from the top of dm So~nd~binff, at 130 Lloydz Lane, Mattiruclg CTM 99-3-4.6. 9:10 a.m. GEORGE L. PENNY V #5573. Request for a Valinnee under Section 100-142, based on the Building Department's June 30, 2004 Notice of Disapproval, for the reason that thc posed addition to the existing dwelling will be less than 70 feet from the mar properly line. Zone District: Light Industrial. Location: 180 Kerwln Boulevard, Gtecnport; CTM 53-2-23. 9:20 a.m. JANET LARSEN and CAROL WlTSCHIEBEIN #5569. Request for Variances under Sections 100-242A and 100-244, ~ on thc Building Department's June 30, 2004 Notice of Disappiueal, for thc reason that the proposed additions will be less than 15 feet on a single side yard, at 1000 Sound Beach Drive, Mattitock; CTM 9% 1 -$. 9:40 a.m. JEFFREY S. SMITH #5566. Request for a Variance under Section 100-244, based on the Building Deputtment's June 15, 2004 Notice of Disapproval, for thc mason that the lot coverage Wil~ the proposed addition will exceed the code limitation of 20 percent. Location of Property: 955 Pequash Avenue, Cutchogne; CTM 10~ 7-22. 9:50 a.m, EDWARD L. KAVA- NAGH f~574. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 17, 2004 Notice of Disapproval, for the reason that the dwelling addition to thc existing nonconforming garage vd]il be less than 35 feet from the front yard line. Location of Properly: 11255 Sound Avenue, Maltitack; CTM 141-3- 6.3. 10:00 a.m. LAWRENCE AND JOAN ANDERER #5570. Request for a Variance under Sections 100-242A and 100-244, 1baaed on the Building EMparl~ler~t's June 17, 2004 Notice of Disapprj/val, for the reason that the additions/alterations will be less than 10 feet on a single side yard, and less than 25 feet for both side yards. Location of Property: 950 Strohson Road, Cutchogue; CTM 102-10-24. 10:10 a.m. ]FITNESS ADVAN- TAGE $5582 (Ownem: W, & E. Hnfe). Request for a Special Exception under Section 100-10lB, based on the Building Depamncnt's July 19, 2004 Notice of I)isapploval, for conversion of the existing conunercial building to a recreadonalYfimess facility. Location of Properly: 3750 Youngs Avenue, 5outhold; CTM 55-2-16. Zone Disuint: B Business. 10:20 a.m. WHrl'lq~¥ B. ARbl- STRONG #5577. Request for a Varisace under Section 100-230.4A.1, based on the Building Department's March 19, 2004 Notice of Disapproval, amended May 14, 2004, for the ~ason that the proposed dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Sound. Location of Prope~y: North Side of Clay Point Ro~d, Fishers Island; CTM 2:1-11.3. 10:30 a.m. FISHERS ISLAND CLUB, INC. #5533. Request for a Special Exception under Section 100- 31B(7) for construction of tennis pavil- ion buildings, which includes a pro shop with office, bathroom, screened porch ama, for private use by thc club mem- bership. Location of Property: South Side of East End Road, Fishers Island; CTM 4-6-9. 10:40 a.m. ISLAND HEALTH PROJECT, INCdFIDCO #5578. Request for a Vmiance under Section 100-31C(2), based on the Building Inspector's March 16, 2004 Notice of Disapproval, amended April 8, 2004 for the following masons: (1) the pmpused dwelling appears to be designed as a "health clinic" as oppo~..d to a doctor's home professional ocupation/office, and (2) the proposed accessory use as a doc- tot's office measures 1650 ~q. IL in total size, encompassing more than 50 per- day of ~ cent of the total building, and in excess of the code limitation of 500 sq. fi. of floor area. Location of Property: No~h Side of Cent~ll Avenue, Fishers Island; CTM 6-6-~0.7. 10:50 a.m. ELIZABETH TWOM- EY #5579. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's July I9, 2004 Notice of Disapproval, stating that the "as built" deck does not meet ZBA Condition No. 4502 rendel'e.d 8/28/97, for a size 8' x 12' when located less than 35 feet from the front propeay line. The "as built" deck is an increase in degn~e of nonconformance (reL length). Locadon of Property: 135 Calebs Way, C, reenpo~; CTM 40.1-1-60. lh00 a.m. ~LEAVES POINT CONSTRUCTION CORP. #5576. Request for a Variance under Section I00-244B, based on the Building Department's May 7, 2004 Notice of Disapproval, amended June 18, 2004, stating that the pmpused dwelling will be less than 35 feet from the rear yard line, at 2045 Gillette Drive, East Marion; CTM 38-3-13. 11:05 a.m. RONNIE and JANICE SOFFER #5563. Request for a Special Exception under Article IH, Section 100-30A.2B and 100-3lB, sub-setaions 14a<i of the Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner's occupancy in this single-family dwelling, for lodging and s*rving of brealffast to not more than six (6) casual and transient momea*s, clearly incidental and subotdi~te to ~e princip*l u~e of the owner's residence at 25100 Main Road, Orient; CTM 18-6-6. 11:15 a.m. JAMF~ AND SARA GARRETSON #5571. Request for a Variance under Sections 100-242A and 100-244, based on the Building Dcparlment's June 28, 2004 Notice of Disapproval, amended July 20, 2~04, citing the lot coverage limitations of 20% of the code and 24+- percent as exists. The applicant proposes a porch addition which wall increase the existing nonconforming lot coverage, at 1620 Village Lane, Orient; CTM 24-2-16. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each heating. Each heming will not start earlier than designated above. Files are available for review during regular business hours, ff you have questions, please do not hesi- taw to call (631) 765-I809. Dated: July 26, 2004 BOARD OF APPEALS RUTH D, OLIVA, CHAIRWOMAN By Linda Kowalsld 7079-1T 8/12 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- -X AFFIDAVIT OF MAILINGS ,K) K) , New York, being duly sworn, depose and say that: of ~¢¢'. , 200~, I personally mailed at the day [ice in¢"~ -'~.,~~ , New York, by CERTIFIED EIPT REQUE~TI~D, a true copy of the attached Legal or~,,,~ov_..~.x~ ,,,? z~ ,,~ ~ 1 )lopes addressed to current owners shown on the current ............ ' , [ ~ nd is across a public or private street, or vehicular right-of- ~L ~nding the applicant's prope~y. iCompJete items 1, 2, and 3. Also complete item zf/if Restricted Delivery is desired Printtl~'(' our name and address on the reverse so th/j~t we can return the card to you. Atta~ this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signatu e ~' ~#~//.~/ ~ ~ D Addmss~ ~ ~, S~ 0f N~ York *t of psper, (he JO( ~u~beFs )tice8 were msiled. Th~nk PS Form 3811, August 2001 Domestic Return Receipt ~2004 2. Article Number (Transfer from service label) f7 7 3. Service Type -- ~] Certified Mail [] Express Mail [ [~ Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~....~~ , New York, being duly sworn, depose and say that: ~ On the o..~/ day ofc"~c~..~ , 200~, I personally mailed at the Unii. ed States Post Office in ~_._.~~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUEST#D, 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 , for every properly which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. ~,¥ .~ -(Signature) Sworn to before me this ~ (Notary Publi~_,)/ PENNY BEDELL No. fy Public, Stete of New York NO. 01BE6099317 ~ulli~d in Suf~ol_ k ~. n~-~ ~,/~-I C~mm~'__m~ ru~ms ~ zu, ,~.,--'~/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the owner names and addresses for which notices were mailed. Thank you. /~Z- ?- ? ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name~f Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - COUNTM OF SUFFOLK) STATE OF NEW YORK) I. ~"~-/c-/c'~ ~/y, ~,?C,~'-~' o.T,~/7//residing at C ~/~/?ve-~ , New York, being duly sworn, depose and say that: , On the ~ day of~x..jJl~'J~' ,200r//, I personally placed the · Town s official Poster with the date o[ hearing and nature of my application · ·noted thereon, securely upon my properly, 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 place for seven days prior to the date of the subject hearing date,~vhigh headna.date was. showr~ to be ,¢'v' ~ c~signature) Sworn to before me this // day of ~-<~,200'c/'.' *near the entrance or driveway entrance of my properly, as the area most visible to passersby. 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 July 23, 2004 Re: Chapter 58 - Public Notice for Thursday, August 19, 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 31: 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 abu'~s and any property which is across from any public or pdvate 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 retumed 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 wdtten statement, or at the hearing, with the returned letter. AND by AUG. 6: please either mail or deliver to our office your Affidavit of Mailin.q (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 headng and return it when available. These will be kept in the permanent record as proof of all Notices. 2) ByAUGUST 11: 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 headng. 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 Ends. OFFICIAL USE ONL sMITH, JEFFREY S i 03-7-22 R40 5566 GG .8% LOT cOVERAGE - DECK EXT, LABEL (4) 955 PEQUASH AVE CUT CTY (8) CIRCLED (RED) AND TAX #'S WRITTEN TAX MAP NEIGHBORS 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 / SUBDIVISION / LOT LINE / SCENIC BYWAY) INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING LTR UPDATED: NEW INFORMATION: CTO KITCHEN ' I FOUNDATION PI_AN ,r ~ OLdU~ ~T-o" ~ Z ~ Z 7' fi" 8' o" , ,~: Z~L~O " 77' 3" 0 55'-3" ._ _ 1ST. FLO0~ PlAN ~' " lg' 10" ,_3,,~ I ' 8'--0" L ' , C~, I II ~ X ~ ~ ~l o iI ~ i I~ II 2'-5"~[J~IH~,' ~10 ,FT ~ I¢ ~' CLOSET 2ND FLOOR PLAN WINDOW / DOOR SCHEDULE E""OS.R~C^T',,GO.,'.' I L~V[NG SPACE (E~ WALLS DOOBS / W~NDOWS) ~ ~ANUFACT~RE CATALOGUE NUMBER DESCR~ON ~R~S. GLAZg~ ~T~A 1~. ~. ~TY. 2ND. FL q~: ~. D.P. ~.O.P. S,F. S.F,, ~VALU~ S,,~. ZONE 4 ZONE 5 ~ D,P, ~OTE~ O- ,~ W]ND-DORNE DEDR1S PROTECTION FOR WOOD STRUCTURAL PANEL ~LTERNA~VE FOR OPENIND PRO~CTION / SHUT rER ASSEM~ LY ', ', ,~ ,, ~-~, LEFT L SECTION B-B .% PI_~MBING SCHEMATfC SEC 'TION A-A ,/ WIND LOAD PATH 'CONNECTION AND CONSTRUCt-t'ON DETAIL DRAWINGS WIND EOAD PATH' CON NECTI ON AND CONSTRU CTI ON 'DETAIL DRAWINGS ,% HANDRAIL CONNECTION RIDGE-TO-RAFTER CONNECTION RAFTER TO PLATE/STUD CONNECTION CEILING JOIST TO BLDG~ C_ON~ECTION DECK/PORCN LEDGER CONNECTION SPLICED JOISTS OVER HEADER/GIRDER FLUSH JOISTS WR H HEADER/GIBDER SI LICED JOISTS OVER HEADER/GIRDER RAFTEP.-TO-LEDGER CONNECTION RAFTER TO PLATE/STUD CONNECTION PQS'I TO GIRDER/HEADER CONNECTL0_N. UNDISTLIF~Et~ 5OIL CONC PIER FOOTING H~DER ] D-P~OST/STUD DONNECTION POST POST-TO-DECK CONNECTION pOST-TO-GIRDER/HEADER CONNECTION HEADER/GIRDER-TO-POST CONNECTION POST DECK PgST FTG. CONNECTION CLIMATIC & GEOGRAPHIC DESIGN CRITERIA DECK AND COVERED PORCH NOTES: NAILING SCHEDULE ROOF SHEATHING: ROOF FRAMING: WALL FRAMING: DECK-FRAMING: LL ENEF AI- NOTE5 CONSTRUCTION NOTES: FOUNDATION NOTES: FRAMING NOTES WIND FRAMING NOTES DECK,AND COVERED PORCH NOTES: PLUMBING NOTES 1 ) All waLnr supply, drainage and venting t~> be installed as per N Y,S Residential HVAC SYSTEM NOTES ELECTRICAL NOTES: NAILING SCHEDULE ROOF FRAMING: NAIL NAiL JOIN r DESCRIPTION QIY SPACING NOTES WALL FRAMING: NAIL NAIL JOINT DESCRIPTION QTY SPACING NOTES TOP PLATE TO 2 16d COMMOIN PER FACE NAIL I OP plATE FOOT SEE NOTE: 1 TOP PLATES AT 4 16d GI3~MCCN JOINTS FACE FLOORFRAMING: JOINT DESCRIPTION NAIL r! NAIL HOLES QTY _ ~PACING JOia' TO PER TOE ROOF SHEATHIN_G:' NAIL NAIL JOINT DESCRPTION QTY SPACING CEILING SHEATHING: WALL SHEATHING: FLOOR SHEATHING: NOTES: F'L.4N CONTENTS: DWELLING 195SF, IST FLOOR+36OSF :555S,F B WALL LEGEND NEW WALLS [ EXISTING WALLS ~ WALLS.O BE REMOVED F CLIMATIC & GEOGRAPHIC DESIGN CRITERIA ROOF SHEATHING REQUIREMENTS FOR WIND LOADS: NOTES SEE NOTES I ( SeTH FI~LE~ SF3--NOr -ES. 1,~ WALL SHEATHING REQUIREMENTS FOR WIND LOADi 8d ~-~ ~ ~ 6" O G NOT-F-2 FOR PANEL FIELD INTERIOR ZONE 8d COMMON @ 12" O C SEE NOTE 3 NOTES THESE NOTES ARE ONLY TO SE REFERRED TO IF MENTIONED IN SCHEDULE NO1 ES ONLY