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HomeMy WebLinkAbout5705 la3 • • 97 treat n-ep fy,..uxtA:b-c-c- , rI y S 70 C1/41S. dr*ar Atit ge.4 ca-14, b + 1 &Re O,,d bup/peo ; o ot/02 M. a ' APPEALS BOARD MEMBERS • i✓' ' Mailin Address: �pFSO!/' ' _ g Ruth D. Oliva,Chairwoman 0 � Q Southold Town Hall Gerard P. Goehringer d O !O 53095 Main Road•P.O. Box 1179 11", Southold,NY 11971-0959 Jig James Dinizio, Jr. j Office Location: Michael A. Simon ,,�i� �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �.4C�� A1C;�t��� 54375 Main Road(at Youngs Avenue) ... es.' Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS //. O Ain TOWN OF SOUTHOLD4lek�� Tel. (631) 765-1809•Fax (631)765-9064 Soufuoid Lai Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 2, 2006 Appl. No. 5705— PHILIP MILOT Property Location: 4185 Camp Mineola Road, Mattituck; CTM 123-5-26 PROPERTY FACTS/DESCRIPTION: The applicant's property has 50 feet along Camp Mineola Road and 162+/- feet to the bulkhead adjacent to the high water mark of Peconic Bay. The property is improved with a two-story, single-family frame house with wood deck, and detached 18.3 ft. by 20.3 ft. one-story frame accessory garage, all as shown on the February 7, 2005 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: On September 24, 2004, applicant applied to the building department for a permit "to demolish and reconstruct a nonconforming accessory garage", and obtained a Building Department's September 28, 2004 Notice of Disapproval, citing Sections 100-33, 100-242 and 100-244 of the Town Code. Section 100-33 requires construction to be 35 feet from the front property line when located in a front yard in the case of a waterfront parcel. The applicant's garage is noted on the survey at 7.4 feet from the front lot line. Section 100-242 provides for the remodeling, reconstruction, and enlargement of a nonconforming building containing a conforming use, provided such action does not create any new nonconformance or increase the degree of nonconformance. The demolition and reconstruction of this building, with expansion for a second floor, creates new nonconformance in the front and side yard setback areas, and increases the degree of nonconformance with a proposed second floor addition relative to the front and side yard setbacks (ref. 1/24/2002 Interpretation of Section 100-242 under ZBA Decision #5039 in the Matter of R. Walz, attached hereto). AMENDED APPLICATION: By re-application for a building permit dated November 4, 2005, the applicant modified the original request from a proposed demolition with reconstruction and expansion, to a proposed construction of "an 18.3 ft. x 20.5 ft. second-story addition (or expansion) to the existing garage (without a demolition) and proposing the same nonconforming setbacks for the second floor that exist for the first floor. An amended Notice of Disapproval was issued by the Building Inspector November 14, 2005, based on these new diagrams as amended, citing the same reasons and Zoning Code Sections 100-33, 100-242, and 100-244. ADDITIONAL BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL: On November 21, 2005 the Building Inspector amended the Notice of Disapproval adding the following: . ' t Page 2— February 2, 200 • Appl. No. 5705— Philip Milot CTM 123-5-26 (a) the existing accessory building is noted currently at 7.4+/- from the front property line and 1+/- foot from the side property line, with the proposed construction maintaining these setbacks; (b) the code requires a 35 ft. minimum front yard setback, and (c) the zoning code requires a three ft. minimum side yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, 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: The applicant proposes to construct an 18.3' x 20.5' second-story addition over the existing nonconforming accessory garage, after removing the roof and gables. The use of the existing one-story building is a garage with storage. The use of the first floor will remain unchanged. The new second floor is proposed as additional living area, for a powder room with a toilet and sink, and a recreation room. An interior stairway will be installed to access the powder room and recreation room from the first floor. 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 produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's original plan was to demolish the detached garage. The current plan is for a proposal add a second floor over the existing one-story garage, and alter the existing building to support the new addition. The zoning code states that a waterfront parcel of less than 20,000 square feet may have an accessory garage at a minimum of 35 feet from the front yard lot line and not less than three feet from the side lot line. The setbacks of the existing building as a single-story structure are substantially nonconforming of the code requires, having only 1.6 feet to the side lot line, and only 7.4 feet to the front lot line, at its closest points. The addition will also be substantially nonconforming with the proposed setbacks, at only 7.4 feet and 1.6 feet to the property lines at its closest points. Accordingly, pursuant to the Walz interpretation, the addition will increase the degree of nonconformance, and to a substantial and undesirable effect. In visiting neighboring areas along Camp Mineola Road, no accessory (detached) garages exist at a height above 10 feet, and those that do exist are all one-story in height or less than 12+/- feet to the top of the roof ridge. Some lots were not improved with a detached garage. The applicants are proposing a mean height of 17'9", and with a mansard design the height will be 21+/- feet to the top of the ridge, which is not within the character of the neighborhood and which will produce undesirable change as proposed. Page 3—February 2, 200 • Appl. No. 5705—Philip Milot CTM 123-5-26 2. The benefit sought by the applicants can be achieved by some method, feasible for the applicants to pursue, other than an area variance. The existing house has a setback of 74.5 feet from the edge of the Camp Mineola Road right-of-way. The sanitary system was installed in the front yard (between the garage and the home). Bathroom or powder facilities exist in the two-story on the premises. A recreation area is not required to be on the second-floor area of an accessory garage. Other options may be considered: (1) to provide a powder room in the main dwelling, (2) to provide a recreation area in the main dwelling, or (3) to plan a single-story addition on the south side of the garage with greater setbacks to the property lines than the present plan, (4) to plan a demolition of the existing garage and build a similar garage with greater setbacks. 3. The relief requested is substantial, resulting in: (1) a reduction of 78% of the code requirement, or 27 feet less than the code-required 35 ft. front yard setback, requesting a 7.4 ft. front yard setback, (2) a reduction of 46.6%, or 1.4 feet less than the code required three feet in the minimum side yard setback, requesting a 1.6 ft. side setback. 4. The difficulty was self-created, as the applicant's diagrams show new construction with substantial nonconformities over the existing nonconformity of the accessory garage. 5. Grant of the requested variances will have an adverse effect and impact on physical or environmental conditions in the neighborhood or district because this property would be the only lot in the immediate area that would contain a two-story garage at less than eight (8) feet from the Camp Mineola Road right-of-way/front property line. 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 Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the variances, as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Simon, and Weisman. (Absent was Member Goehringer.) T ' esolution was duly adopted (3-1) . Nay: Member Dinizio. _ Ruth D. 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I8.5• V f V • . 4 11 0) NGAR ° 3iil' t • 1 0 249"i . 1 :Rat; MD STONY M hs\ A 7.37/ , 17 It Tr 4 3 I\ 1� III roQD Ni 0 RET.IFAL`si '. P<,. FR..- r. Ij�I I� O mO SURVEY 0 F p 1. II Hove °°v. il' co `wo° a s PROPERTY ' AT MATTITUCK Q. q; _, w .. TOWN OF SOUTHOLD } ° •'_ SUFFOLK C O UN T Y,N. Y. e.�. . LL 9; BRAS (AZ MA . 1000 - - 123 - 05 - 26 '!` BULK -• 04.g.W."' ----- Scale I" = 30' "' .wo olaH ' sr S A 2 ,25 W �i ' FEB. 7, 2005 Raac ; t 72° 2 July 6, 2005 (odd'tir,;ts; erM,. 5o•39 —� —JIECEIVED r . A t JUL 2 6 2005 -� ONIG B P Ej� zrsd�o� ZONING BOARD OF APPEALS �' CERTIFIED TO, PHILIP G. MILOT MERCANTILE MORTGAGE BANKERS LTD. SECURITY TITLE & GUARANTY CO. /06 /929 ANY ALTMA at AM'TKN To TNS SURVEY ASA VIOLA170N pf NEW DF SEDDON NOS it nein YORK STATE EMICAnoN LAW. Cris AS PER SECT= MOS• stave ISIgN 2.ALL CERTFICA TXNS `. Q.‘t j0 HEREON ARE VALD PM TNS MMP Alt COPES THEREOF ONLY F ., *la,I.MEHr% 'p# in SONTLEAPPEARSAERE SEAL Cl4THE dCA4VEYM 'o Not3WrII F4 ADgITKMMLLY TO C FLY MTH SAID LAW TEN 'ALTERED BY ' P YI 3j; H�'a MUST BE USED BY ANY AN ALL SLRVEYCWS ' T!"'NG A CADY AF AAOTM$SLRVEYORS MAP TOWS SUCH 'I...rscTED 'NC rr:at Y 'BIaoUBlT- TO -DATE'ME NOT N CCMPLUNGt al nr The UN i leM.Sam . . NO, i' .ECONIC U'VEY°:rii v�'"n\s' / (¢3I1 765 - 5020 FA �!'17- 1797 ° P. 0. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 1197/ CERT: of/os./92 86 - 585a 0 11111 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 26, 2006 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANUARY 26,2006: 10:00 A.M. PHILIP MILOT #5705. Request for Variances under Sections 100-33, 100-242, and 100-244, based on the Building Inspector's November 21, 2005 amended Notice of Disapproval concerning a proposed second-story addition and alterations to the existing one-story garage, for a recreation room and half bathroom (toilet and sink). The reasons in disapproving the building permit application are that the new construction will increase the degree of nonconformance when located at less than 3 feet from the side lot line and less than 35 feet from the front lot line. Location of Property: 4185 Camp Mineola Road, Mattituck; CTM 1000- 123-5-26. 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: January 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORMNO. 3 S7Os NOTICE OF DISAPPROVAL 1 DATE: September 28, 20044.611-") RENEWED & AMENDED: November 14, 2005 AMENDED: November 21, 2005 TO: Suffolk Environmental Consulting A/C Milot PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated September 24, 2004 For permit to construct a second story addition to an existing accessory garage at Location of property 4185 Camp Mineola Road, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 5 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7623 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-242, which states "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." The existing accessory building is currently noted as being+/- 7.4 feet from the front property line and+1- 1 foot from the side. The proposed construction will maintain those setbacks. Pursuant to Article XXIV, Section 100-244, which states that parcels measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and, pursuant to Article III, Section 100-33, such structures require a 3 foot setback from the side yard line. This Notice of Disapproval was renewed and amended on November 14, 2005 after new plans were submitted to this office and on November 21,2005 to correct errors. 410 le • I thori/d e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. • • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS C/57). Gk 4'`s-“ ` ) For Office Use Only Fee: S etartilcc. Filed By: �/1 �,ro�neJ, Date Assigned/Assignment No. 57 0S eno.caw, . Office Notes: �n. joie D_ p ao i At-lc ly f uite • na i . T n..,1,21 no rc4.-�� tt �L , 1 tEz'.a 1- 416-eht O.pr bn4IILL r/ iteW {i9/.✓.✓/w. . Parcel Location: s/s of Camp Mineola Road (R.O.W.) House No. 4185 Street s/s of Caron Mineola Road (R.O.W.) Hamlet Mattituck SCTM 1000 Section123BIock05Lot(s)026Lot Size7. 623 sa. ft.±Zone District R—40 I (WE)APPEAL THE WRITTEN ERMINATION OF THE BUILDING INSPECTOR DAT7: September 28,2004 ApplicanilOwner(s):-- fp ilot Mailing Address: 140 Woods End Drive; Basking Ridge,NJ 07920 Telephone: (908)953—9117 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Bruce A.Anderson—Suffolk Environmental Consulting,Inc. (Agent) Address: P.O. Box 2003; Bridgehampton,NY 11932 Telephone: (631)537—5160 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) ®Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED September 22.2004 FOR: ® Building Permit ❑ Certificate of Occupancy 0 We-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100-242 Subsection Article III Section 100-100 Subsection 33 Type of A'peal. An Appeal is made for: ►Z/ A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has®has not been made with respect to this property UNDER Appeal No. Year For Office Use Only: Fee$ Assigned Appl. No. Office Notes: Part A. AREA VARIANCE REASONS (attach extra sheet needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: The parcel is a pre-existing/non-conforming totaling 7,623 sq.ft.in a residential R-40 district,which is consistent in size with the majority of the surrounding lots. In addition,the existing single family dwelling and the proposed improvements are consistent in both size and design with the neighboring improvements. Therefore,no undesirable change in the character of the neighborhood will result from this project. (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: Again,the property is pre-existing and non-conforming with respect to lot size and existing structural setbacks. The applicant seeks to construct a second story addition over the existing frame garage,where a minimum single side yard setback of 15 feet and a front yard setback of 35 feet is required. The pre-existing location of the garage makes it impossible for the second story addition to comply with the required setbacks. As such,the benefit sought by the applicant cannot be reasonably achieved by any method other than an area variance. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial due to the legally pre-existing location of the garage,which has not caused any undesirable change in the character of the neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the affected areas of the neighborhood considering that the proposed additions are typical of the surrounding properties which have been shown to have no negative impacts to the physical and/or environmental well-being of the area. In addition,the existing single family dwelling and the proposed improvements are consistent in both size and design with the neighboring improvements. (5) Has the variance been self created? ( )Yes,or(X)No. If not,is the construction existing,as built? ( )Yes,or(X) No. The hardship is not self-created,but rather created through the implementation of zoning restrictions which are difficult for pre-existing improved lots to comply with in a reasonable manner. (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) The applicant is proposing to construct a second story addition to the pre-existing structure. The conforming building envelope for the proposed structure is restrictively small,and further constrained by the presence of wetlands. To relocate the structure would be a financial burden to the applicant. This,in conjunction with the location of the existing dwelling and sanitary system make it extremely difficult to comply with code requirements. This is the MIN91UM that is necessary and adequate,and at the same time preserves and protects the character of the neighborhood and the health,safety,and welfare of the community. ( X )Check this box and complete PART 13,Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) to the sianature an4 notary area below. Signature of Appellant or Authorized Agent Sworn to bet me this _— (Agent must submit Authorization from Owner) qday of „%.e_ , �� D. (vans public) Notary Plco rk ouai fed�ubn ISufifffo kBCewounYo Commission Expires January 22, 200 7 ZBA App 8138/02 Page 2 of 3—Appeal Application • Part B: REASONS FOR USE VARIANCE (if requested): N/A For Each and Every Permitted Use under the Zoning Regulations for the Particular District where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4.The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary,while at the same time preserving and protecting the character of the neighborhood,and the health,safety and welfare of the community (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise,please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) day of , 200_ (Notary Public) ZBA APP 9130102 . • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑ Yes ®No B. Me there any proposals to change or alter land contours? ❑ Yes ®No C. 1)Me there any areas that contain wetland grasses?No. Shoreline substantially devoid of wetlands vegetation. 2)Are the wetland areas shown on the map submitted with this application?Yes. (M.H.W.M,) 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes. 4) If you property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? No. Please confirm status of your inquiry or application with the Trustees:N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No. E. Me there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No. (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) 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 and describe: N/A G. Do you or any co-worker also own other land close to this parcel? No. If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Single-family dwelling&detached Garage and proposed use Same w/2od-Story Addition to detached Garage (examples: existing: single-family;proposed: same with garage.) Authorized Signature and Date 2/05 41 • Application of -a Philip Milot Private RO.W off New Suffolk Avenue; Town of Southold,NY SCTM#: 1000-123-5-26 Project Description Applicant is proposing to construct an 18.3' x 20.5' 2nd story addition to the existing garage. Please note that the existing frame garage is not proposed to be demolished. Rather, a 2"d story will be added to the existing structure. The existing 1st floor from the top plate down is proposed to remain. Only the roof and gables will be removed. The existing garage is currently used for storage. This use will not change. The proposed 2"d story addition will be used as a recreation room, and will also contain a powder room (toilet& sink). The only proposed changes to the first floor structure are the addition of a single window to the south wall of the garage, and installation of a stairway to access the proposed 2nd floor. r { ' scat ./73 -2 TOWN OF SOUTHOLD PROPERTY RECORD CARD /- 2 5 OWNER STREET 4/7 !) 5 VILLAGE DIST. SUB. LOT 2 2n; /0 7 Yx01P A n€01r. tool AL')fa c K 9 Dine eie9A D FORMER OWNER /N E ACR. C'rotor a � /a (3Q U O, irs s A W._ TYPE OF BUILDING T. PE%ERC r - Giti 1c a -U,. yNCff -7 Tie 6,p ( $EAS VL FARM COMM. CB. MISC. Mkt. Value INV D IMP. TOTAL DATE REMARKS /cdd / 706 02 id �6 4/'/ 7 �' 2 /y0 ° Perces To Crowr /000 .2 '1-0V 3.ZC7d �Y/(� Y 44; &// e9CSoa Crane /i �h '/of 33a / ,/� y � P 330 11 /DD O 2-6 a o 34o�G of 1�1 0 1,7/y7 nc /541/ /iaise II%. ,, ,,,,.‘,/, £c '/ao aro „Gip /Rid° / }CGU ZGoo t' oo6J (71// 71 /yam . f'C 6-0 7 0-16-4 / sly /rk ire-- °-(o 103;40 AGE o3a4- AGE BUILDING CONDITION I d'',a t NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre At 1 tillable 2 "illable 3 Voodland / swampland FRONTAGE' ON WATER CO ,7C.2 -, z 7 tj..n), • 3rushland FRONTAGE ON ROAD S-6 5C'il louse Plot DEPTH _Xi 74, „W. %NO .... ... BULKHEAD Xt 5 total DOCK `t �, l 0. ' 'v COLOR I wk - QTRIM 1' _ U (5/eg .7-7-6, M. BJdA 2 i( can /O$G gl <b /` undation a Bath / Dinette y Extension Basement 01"0.1,4 Floors 7/-e K. Extension Ext. Walls Lap S 1 1.t Interior Finish r /Y,e_ LR. Extension Fire Place Heat H. A- DR. Type Roof )(6-4 4 tie Rooms 1st Floor BR. 4 /rX .2-1 396 , ;.,4-- 99 KBcreation Room Rooms 2nd Floor FIN. B. Penh• .. Dormer .441*Y• 11 `s ' Breezeway Driveway Garage \\\� . xis = 3Co 9.so Patio — O. B. Total 5540 A' D M1dq 23 pa."' Lzl Atm Or Iwi Y'. I bAtT Y" --L—_ •,"'� 1'.134 � .` p Sida*Iftnt lb—- A�-_ MT w IAnA OB 10-02-96 'r 19-01-00 r - 0906-00 SEE SEC.M.115 10-12-00 0510-01 05-21-01 " MATCX z Z LINE MATCH 111 07 `, /� FOR PARCELS N. 5 l'//4.1/y. SEE C // 2 115-09-001 For PARCEL NO. SEE SEC.ND. Izz-os-ooa N A z 55.0A 4*e 1 321A S ^ O f91P0 1611 1 .pFl 2.611c1 � . i l50'\• 11111111111\111116111.11111111111 25 \ \ �r s _ PA.K \ \\ tI \11.1 y1 \ �; &2Nd .� ✓ O;\\ \\ \ © RJ rit20A1c1\ 931c \\ I \ Z _ _ \ J a \\ m \\ , \ ...is*till' \ ) o�j .. F p 30r i______,---• O y4lcrsem �T` � vittfiit �1ia'",1 � G GER a Isirj/ II- 4 1 i'• .91F L Pr -.cr Nu. s iesinw No. ro mun —_ stool',Met Y. ——tat— se.X into u. —_X—_ miss DRAWN . r1Emrs . r, E u... one --Lt &W SW R .Yn e .Yt.w a (21) , O R.LYon,u. — Pf,�Mh1 uARE T -E—_ . —_R—_ it i saga ' a EY,Yw MY w �. _& m Y. uDr.ln —_— NI.MO . 510k ti. 11Y• —MST-- Y% 10 N sh /ft. - saw LYfh• Conn u. up,Hymn the —_A—_ 141Nmat Y.—_A—_ PAMT n D N.wn 23 Ir... 12.1 Alm or 12.IA Tau. —__.- —. I..Cert.w —- — 1.1...9,yew C—El Lbw—n-- NW.m, PA+s$S ti 12.1 MCI mon un ----- soon weer Yr. --1-- 9--.s .y COUNTY OF SUFFOLK >'"- STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING June 12,2006 Ms.Ruth Oliva,Chair Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 • Dear Sir: 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 disapproval. Applicant(s) Municipal File Number(s) Milot,Philip 5705 Edgewater II 5815 Landi,Thomas 5816 Roberts,Gregg&Kathi 5817 Speyer,James&Karen 5819 Hill,Charles&Lynn 5823 Grim, Susan Rogers 5824 Festa, Carol 5834 Napolitano,Anthony&Susan 5835 Mc Laughlin,Terry 5837 Renna,Angelo&Susan 5840 Long,Paul 5841 Cacioppo,Anthony&Danielle 5842 •Haerr,Julie Anne 5845 •Doody,Peter 5847 Karacostas,Elena 5850 Brandvold,John&Marion 5851 -Rouleau,Eric 5852 Biel Associates,LLC 5855 Orient Fire District 5863 Guild,Jay 5866 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S.Wrede Planning Aide CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 UCS-840(REV 1/2000) REQUEST FOR JUDICIAL INTERVENTION SUPREME SUFFOLK f, R 17 ,,1-1 .; /1 U For Clerk Only COURT COUNTY . + DATE P RASED PLAINTIFF(S): 3 ; /c PHILLIP MILOT APR 1 8 2006 IAS entry date 0„�. „ tailR. .4.6.FE PAID DEFENDANT(S): Judith&Pile "0„.0_,„p„,„ oul old Town Clerk County Clark Judge Assigned SOUTHOLD TOWN ZONING BOARD OF APPEALS RJI Date Date issue joined: Bill of particulars served (Y/N) : [ ]Yes NATURE OF JUDICIAL INTERVENTION' (check ONE box only AND enter information) 5/19/0 [ I Request for preliminary conference [X) Notice of petition return date: / Relief sought C9� �c tDgterminc7tion O AAA .11 oning lbbboarad o [ ] Note of issue and/or certificate of pp readiness [ ] Notice of medical or dental malpractice action (specify: [ ] Notice of motion (return date: Relief sought [ ] Statement of net worth • [ ) Order to show cause [ ] Writ of habeas corpus (clerk enter return date: Relief sought [ ) Other (specify: [ ] Other ex parte application (specify: NATURE OF ACTION OR PROCEEDING (Check ONE box only) MATRIMONIAL Malpractice [ ] Contested -CM [ ) Medical/Podiatric -MM [ ] Uncontested -UM [ ) Dental -DM [ ] *Other Professional -OPM COMMERCIAL [ ] Contract -CONT . [ ] Motor Vehicle -MV [ ] Corporate -CORP [ ] *Products Liability -PL [ ) Insurance (where insurer is a party, except arbitration) -INS [ I Environmental -EN [ ) UCC (including sales, negotiable -UCC [ ] Asbestos -ASB instruments) [ ] Breast Implant -BI [ ] *Other Commercial -OC [ ] *Other Negligence -OTN [ ] *Other Tort (including REAL PROPERTY intentional) -OT [ I Tax Certiorari -TAX [ ] Foreclosure -FOR SPECIAL PROCEEDINGS [ ] Condemnation -COND [ ] Art. 75 (Arbitration) -ART75 [ ] Landlord/Tenant -LT [ ] Art. 77 (Trusts) -ART77 [ ] *Other Real Property -ORP [X) Art. 78 -ART78 ( ] Election Law -ELEC [ ] Guardianship (MEL Art. 81) -GUARD81 OTHER MATTERS [ ] *Other Mental Hygiene -MHYG [ ) * -0TH [ ] *Other Special Proceeding -OSP TORTS 2XJ./L,d /GA l/, f/. 1i da-AAV 1/ G1A ww '-c • _ r' �.kr, _ !" '•'' APPEALS BOARD MEMBERS �,,,,,,,,.,____ ti - pEFO( Southold Town Hall rI/a, . .CSD 53095 Main Road Gerard P.Goehringer,Chairman p'�1� y James Dinizio,Jr. o .• : ; P.O.Box 1179 Lydia A.Tortola ,. ' •,�� Southold,New York 11971-0959 Lora S.Collins : O� rr►� ZBA Fax(631)765-9064 George Horning �lpl NE *.D r Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEETING OF JANUARY 24,2002 AppL No.5039—ROGER AND LESLIE WALZ STREET&LOCATION: 2505 Old•Orchard Road,East Marion i3 DATE`OF PUBLIC'.HEARING: November 15,2001;November 29,2001. 1' FINDINGS OF FACT IN THE MATTER OF ROGER AND LESLIE WALZ,APPLICANTS,FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXIV Section 100-242A, entitled "Nonconforming buildings with conforming uses", to reverse the Building Inspector's determination rendered in the May 2,2001 Notice of Disapproval. BASIS OF APPEAL; Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2,2001,Notice of Disapproval for a building permit to construct a second- story addition to a one-family dwelling.The May 2,2001 Notice of Disapproval recites the following: "Proposed addition not permitted pursuant to Article XXIV Section 100-242A which states, • Nothing in this Article shall be deemed to prevent the remodeling,reconstruction or renovation of a nonconforming building containing a conforming use,provide that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line.The addition of the second floor represents an increase in the degree of nonconformity." PROPERTY DESCRIPTION: The subject,property is a nonconforming lot,containing approximately.25 acres,Io'cated at 2505 Old Orchard Road, East Marion; SCTM 100-37-6-5. The lot is improved with applicants'house,which is a one-story building with side yards that are nonconforming under Section 100-242A for nonconforming lots, which requires a minimum side yard setback of 10 ft.and a total of 25 ft.for both side yards.The building has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line. RELIEF REQUESTED: Applicants request the Board of Appeals to reverse the Building Inspector's determination that the-proposed second-story addition over the "footprint" of the existing house represents"an increase in the degree of nonconformity"per Section 242A.They contend (' 0 Page 2—January24,200 ' Appi.No.5039—R.and L.Walz 1000-37-6-5 at East Marlon that the Building Inspector improperly applied Section 242A,and request an Interpretation of the code provision. Applicants request_the Board,of Appeals to.reverse the Building inspector's determination on the following grounds: 1.Applicants maintain the second-story addition does not constitute an"increase In the degree of nonconformity"because the addition"goes up and not out",and is therefore no closer to the lot line. 2.Applicants contend that the degree of nonconformity should be measured as the horizontal distance from the"footprint"of the existing nonconforming building to the property line. Applicants acknowledge that existing side yard set backs are nonconforming and that_the second-story addition would retain the nonconforming setbacks. However, applicants maintain.that there is no change in the degree of nonconformity since"nothing Is closer than that which exists"and therefore the code requirement is met. WHEREAS,the following code provisions are pertinent to this request: I.Article XXIV,Section 242A,Nonconforming buildings with conforming uses,reads: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. II.Section 100-13 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE -A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails,by reason of such adoption,revision or amendment,to conform to the present district regulations for any prescribed structure or building requirement,such as front,side or rear yards,building height,building areas or lot coverage,lot area per dwelling unit,dwelling units per building,number of parking and loading spaces,etc., but which Is continuously maintained after the effective date of these regulations. WHEREAS, The Zoning Board of Appeals held public hearings on the matter on November 15, 2001 and November 29,2001,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal observations of members of the board and other evidence,the Zoning Board finds the following facts to be true and relevant: 1. The head of the Building Department testified that an Increase in the degree of nonconformance will occur If the new construction or renovation to a nonconforming building is located at! or closer to the pre-existing nonconforming set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, • 5.1 Page 3—January 24,200 Appl.No.5039—R.and L.Walz 1000-37-6-5 at East Marlon and the proposed single-story addition is set back 3 feet 10 inches, there would be no increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the.,exact footprint of a nonconforming building would increase the degree of,nonconformity, but if the second- story,addition were set back more than existing footprint,for example 3 feet 10 inches,no increase in;the degree of nonconformance would occur,and the code provision of Section 242A would be met. 2. In examining the provisions set forth In 242A, the Board finds that the degree of a building's existing.nonconformity Is clearly established by_the three-dimensional'space, Which does-not comply with-the•repulatlons pertaining to such buildings. For example,If *the code requires a minimum side yard set back of 10 feet,and a single-story building's has a nonconforming set back of 3 feet,the degree of nonconformity is the 10 ft.by 20 ft. area,•or 200 sq. ft. space which occupies the 10-foot, non-permitted building, 'side yard area.The degree of existing nonconformance has been established by the space which does not comply with the zoning regulations. 3. The Board finds'that pursuant to section 242A, if the new construction, remodeling, redonstrUction, or addition, to a nonconforming building creates a new area of nonconformance,where none existed before,the degree of a building's nonconformity will be increased. For example,if the building's nonconforming 10 ft.by 20 ft.dimensions are exparlded; env Part of the new construction Which encroaches into the 10-foot, non- permitted'building,side yard area would create a new area of nonconformity,where none existed before;and would increase die degree of nonconformity. Similarly, if a second- floor were added'straight up over the nonconforming 10 ft, by 20 ft. area, the addition would create a new area of nonconformity,where none existed before,and would Increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the building's exlsttng footprint does not Increase the degree of nonconformity, we find no legal basis for,this conclusion. The second-floor addition will Increase the building's established,degree of nonconformity because there would be more area, more square footage,Mre volume,and more building within the 10-foot,non-permitted side yard area. Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity,where none existed before. 5. The Board agrees with the Building Inspector's determination that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 6. The Board finds that there is no basis in Section 242A to substantiate the Building Department's position that permits a nonconforming structure to expand into a nonconforming area if the expansion is an Inch less or, a foot less than the existing building's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could be viewed as arbitrary .P ., 0 to Page 4-January 24,20 mob✓ Appi.No.5039-R.and L.Walz \ 1000-37-6-5 at East Marion r \ 0'L \�'1 .9r because the three dimensional space within which a structure is permitted to be built on a lot is defined by the town code regulations governing building set backs,maximum height 1 and bulk. NOW.ON MOTION-BY MEMBER TORTORA,SECONDED BY CHAIRMAN GOEHRINGER,BE IT RESOLVED, that the Board of Appeals Interprets Article XXIV, Section 242A to mean that: Remodeling, reconstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create and new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. An increase in the degree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontally,where none existed before. NOW,THEREFORE BE IT FURTHER RESOLVED to DENY the applicants' request to reverse the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Horning. NAY: Member Dinizio (voting against the decision for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted(4-1). / Drawing Addendum Attached for Filing with - Amami AIIK i ' Gerar.'l' Goehringer,Chairman / RECEIVED AND FILED B/ Approved /-2 9-0 a 5� ,w, THE SOUTHOLD TOWN ' ler DA it 461 0-4-d1,4,, ?;'60 if fTown CIEkrk, Town of Southold i II I 11 APPEALS BOARD MEMBERS •i�''�� MailingAddress: s-i'�O���F S�(/Typl '` Southold Town Hall Ruth D. Oliva, Chairwoman Gerard P. Goehringer �'� O ; 53095 Main Road•P.O.Box 1179 /Kg 411 Southold,NY 11971-0959 James Dinizio,Jr. c/� �r G � Office Location: Michael A. Simon �� ,44, �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =-4COU Jr(,* d1. 54375 Main Road(at Youngs Avenue) o'' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 March 17, 2006 By Regular Mail and Fax Transmission Mr. Bruce Anderson, President. Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA Ref. 5705 —Variance Determination for Milot Requests Dear r. erson: As per our telephone conversation earlier today, please find enclosed a duplicate of the original determination rendered by the Zoning Board of Appeals on February 2, 2006, and filed today (with the Town Clerk's Office date-stamp). Please discard the page 3 that was sent to you yesterday. Thank you. Very truly yours, i da Kowalski EncIs('1p&eo) Copy o Decision 3/17/06 to: Building Department , 17/03 '06 FRI 12:28 FAX 631 765 6145 SOUTHOLD TOWN CLERK ---> Zoning Board Ij001 • APPEALS BOARD MEMBERS '`= ���x S®UT - Mailing Address: P - Southold Town Hall Ruth D. Oliva,Chairwoman P , ' �� t 53095 Main Road•P.O.Box 1179 Gerard P Goehringer _ ` _ ;i Southold,NY 11971-0959 • James Dinizio,Jr. s ; Office cation: Michael A.Simon alt �.1CAtt Town Annex/First Flom North Fork Bank Leslie Kanes Weisman '-2r4g1d ° 54375 Main Road(at Youngs Avenue) ,,,,, Southold,NY 11971 f,1�_ littp://southoldtown.northfork_net RECEIVED '�(/ "`""`� ZONING BOARD OF APPEALS //,15-0,9, TOWN OF SOUTHOLD ,MAR 17 6 Tel.(631)765-1809•Fax(631)765-9064 j...,.x' ka Soutien6d TcA;Tia(Jerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 2, 2006 Appi. No. 5705- PHILIP MILOT Property Location: 4185 Camp Mineola Road, Mattituck; CTM 123-5-26 PROPERTY FACTS/DESCRIPTION: The applicant's property has 50 feet along Camp Mineola Road and 162+/- feet to the bulkhead adjacent to the high water mark of Peconic Bay. The property is improved with a two-story, single-family frame house with wood deck, and detached 18.3 ft. by 20.3 ft. one-story frame accessory garage, all as shown on the February 7, 2005 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: On September 24, 2004, applicant applied to the building department for a permit "to demolish and reconstruct a nonconforming accessory garage", and obtained a Building Department's September 28, 2004 Notice of Disapproval, citing Sections 100-33, 100-242 and 100-244 of the Town Code. Section 100-33 requires construction to be 35 feet from the front property line when located in a front yard in the case of a waterfront parcel. The applicant's garage is noted on the survey at 7.4 feet from the front lot line. Section 100-242 provides for the remodeling, reconstruction, and enlargement of a nonconforming building containing a conforming use, provided such action does not create any new nonconformance or increase the degree of nonconformance. The demolition and reconstruction of this building, with expansion for a second floor, creates new nonconformance in the front and side yard setback areas, and increases the degree of nonconformance with a proposed second floor addition relative to the front and side yard setbacks (ref. 1/24/2002 Interpretation of Section 100-242 under ZBA Decision#5039 in the Matter of R.Walz, attached hereto). AMENDED APPLICATION: By re-application for a building permit dated November 4, 2005, the applicant modified the original request from a proposed demolition with reconstruction and expansion, to a proposed construction of "an 18.3 ft. x 20.5 ft. second-story addition (or expansion) to the existing garage (without a demolition) and proposing the same nonconforming setbacks for the second floor that exist for the first floor_ An amended Notice of Disapproval was issued by the Building Inspector November 14, 2005, based on these new diagrams as amended, citing the same reasons and Zoning Code Sections 100-33, 100-242, and 100-244. ADDITIONAL BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL: On November 21, 2005 the Building Inspector amended the Notice of Disapproval adding the following: P. / 7 • Page 2—February 2, J./ r Appl. No. 5705—Philip Milot CTM 123-5-26 (a) the existing accessory building is noted currently at 7.4+/- from the front property line and 1+/- foot from the side property line, with the proposed construction maintaining these setbacks; (b) the code requires a 35 ft. minimum front yard setback, and (c) the zoning code requires a three ft. minimum side yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, 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: The applicant proposes to construct an 18.3' x 20.5' second-story addition over the existing nonconforming accessory garage, after removing the roof and gables. The use of the existing one-story building is a garage with storage. The use of the first floor will remain unchanged. The new second floor is proposed as additional living area, for a powder room with a toilet and sink, and a recreation room. An interior stairway will be installed to access the powder room and recreation room from the first floor. 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 produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's original plan was to demolish the detached garage. The current plan is for a proposal add a second floor over the existing one-story garage, and alter the existing building to support the new addition. The zoning code states that a waterfront parcel of less than 20,000 square feet may have an accessory garage at a minimum of 35 feet from the front yard lot line and not less than three feet from the side lot line. The setbacks of the existing building as a single-story structure are substantially nonconforming of the code requires, having only 1.6 feet to the side lot line, and only 7.4 feet to the front lot line, at its closest points. The addition will also be substantially nonconforming with the proposed setbacks, at only 7.4 feet and 1.6 feet to the property lines at its closest points. Accordingly, pursuant to the Walz interpretation, the addition will increase the degree of nonconformance, and to a substantial and undesirable effect. In visiting neighboring areas along Camp Mineola Road, no accessory (detached) garages exist at a height above 10 feet, and those that do exist are all one-story in height or less than 12+/- feet to the top of the roof ridge. Some lots were not improved with a detached garage. The applicants are proposing a mean height of 17'9", and with a mansard design the height will be 21+/-feet to the top of the ridge, which is not within the character of the neighborhood and which will produce undesirable change as proposed. OiID - Page 3-February 2, 2 Appl. No. 5705-Philip Milot CTM 123-5-26 2. The benefit sought by the applicants can be achieved by some method, feasible for the applicants to pursue, other than an area variance. The existing house has a setback of 74.5 feet from the edge of the Camp Mineola Road right-of-way. The sanitary system was installed in the front yard (between the garage and the home). Bathroom or powder facilities exist in the two-story on the premises. A recreation area is not required to be on the second-floor area of an accessory garage. Other options may be considered: (1) to provide a powder room in the main dwelling, (2) to provide a recreation area in the main dwelling, or (3) to plan a single-story addition on the south side of the garage with greater setbacks to the property lines than the present plan, (4) to plan a demolition of the existing garage and build a similar garage with greater setbacks. 3. The relief requested is substantial, resulting in: (1) a reduction of 78% of the code requirement, or 27 feet less than the code-required 35 ft. front yard setback, requesting a 7.4 ft. front yard setback, (2) a reduction of 46.6%, or 1.4 feet less than the code required three feet in the minimum side yard setback, requesting a 1.6 ft. side setback. 4. The difficulty was self-created, as the applicant's diagrams show new construction with substantial nonconformities over the existing nonconformity of the accessory garage. 5. Grant of the requested variances will have an adverse effect and impact on physical or environmental conditions in the neighborhood or district because this property would be the only lot in the immediate area that would contain a two-story garage at less than eight (8)feet from the Camp Mineola Road right-of-way/front property line. 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 Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the variances, as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman),, ` n ; Simon, and Weisman. (Absent was Member Goehringer.) T ' esolution was duly adopted (3-1) . Nay: Member Dinizio. Ruth D. Oliva, Chairwoman 3//6 /06 Approved for Filing P3 ` 7 It. APPEALS BOARD MEMBERS 0 ,,,''�116F0( �� pS d'�, Southold Town Hall Gerard P.Goehringer,Chairman �'���� 0Gy 53095 Main Road James Dinizio,Jr. o ^ d; P.O.Box 1179 Lydia A.Tortora it Southold,New York 11971-0959 Lora S.Collins ' "' � ZBA Fax(631)765-9064 George Horning :$te 1 1j `0•� „” Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ISA OPMFOCLIVEMPWATIOVEMWSIMM MEETING OF JANUARY 24,2002 Appl.No.5039-ROGER AND LESLIE WALZ STREET&LOCATION: 2505 Old Orchard Road,East Marion 'DATE`•OF PUBLIC'HEARING: November 15,2001;November 29,2001. FINDINGS OF FACT IN THE MATTER OF ROGER AND LESLIE WALZ,APPLICANTS,FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXIV Section 100-242A, entitled "Nonconforming buildings with conforming uses", to reverse the Building Inspector's determination rendered in the May 2,1001 Notice of Disapproval. BASIS OF APPEAL: Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2,2001,•Notice of Disapproval for a building permit to construct a second- story addition to a one-family dwelling.The May 2,2001 Notice of Disapproval recites the following: "Proposed addition not permitted pursuant to Article XXIV Section 100-242A which states, • Nothing in this Article shall be deemed to prevent the remodeling,reconstruction or renovation of a nonconforming building containing a conforming use,provide that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line.The addition of the second floor represents an increase in the degree of nonconformity." PROPERTY DESCRIPTION: The subject,property is a nonconforming lot,containing approximately.25 acres,located at 2505 Old Orchard Road, East Marion; SCTM 100-37-6-5. The lot is improved with applicants'house,which is a one-story building with side yards that are nonconforming under Section-100-242A for nonconforming lots, which requires a minimum side yard setback of 10 ft.and a total of 25 ft.for both side yards.The building has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly side line. RELIEF REQUESTED: Applicants request the Board of Appeals to reverse the Building Inspector's determination that theproposedsecond-story addition over the "footprint" of the existing house represents"an increase in the degree of nonconformity"per Section 242A.They contend P- 11 Page 2—January 24,200' Appi.No.5039—R.and L.Walz 1000-37-6-5 at East Marlon that the Building Inspector improperly'applied Section 242A,and request an interpretation of the code provision; Applicants request the Board,of Appeals to.reverse the Building inspector's determination on the following grounds: 1.Applicants maintain the second-story addition does not constitute an"increase in the degree of nonconformity"because the addition"goes up and not out",and Is,therefore no closer to the lot line. 2.Applicants contend that'the degree of nonconformity should be measured as the horizontal distance from the"footprint"of the existing nonconforming building to the property line. Applicants acknowledge that existing side yard set backs are nonconforming and thatthe second-story addition would retain the nonconforming setbacks. However, applicants maintain.that there is no change in the degree of nonconformity since"nothing Is closer than that which exists"and therefore the code requirement is met. WHEREAS,the following code provisions are pertinent to this request: I.Article XXIV,Section 242A,Nonconforming buildings with conforming uses,reads: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. II.Section 100-13 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE -A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails,by reason of such adoption,revision or amendment,to conform to the present district regulations for any prescribed structure or building requirement,such as front,side or rear yards,building height,building areas or lot coverage,lot area per dwelling unit,dwelling units per building,number of parking and loading spaces, etc., but which Is continuously maintained after the effective date of these regulations. WHEREAS,The Zoning Board of Appeals held public hearings on the matter on November 15, 2001 and November 29,2001,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal observations of members of the board and other evidence,the Zoning Board finds the following facts to be true and relevant: 1. The head of the Building Department testified that an increase in the degree of nonconformance will occur If the new construction or renovation to a nonconforming building Is located at/ or closer to the pre-existing nonconforming set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, Psof7 Page 3-January 24,200 `" Appl.No.5039-R.and L.Walz 100Q-37-6-5 at East Marion and the proposed single-story addition is set back 3 feet 10 inches, there would be no increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the. exact footprint of a nonconforming building would increase the degree of-nonconformity, but if the second- story,addition were set back more than existing footprint,for example 3 feet 10 inches,no increase!tithe degree of nonconformance would occur,and the code provision of Section 242A would be met. 2. In examining the provisions set forth In 242A, the Board finds that the degree of a building's existing•nonconformity is clearly established bv.the three-dimensional space, Which does-not comply with-fhe'regulatlons pertaining to such buildings For example,If 'the code requires a minimum side yard set back of 10 feet,and a single-story building's has a nonconforming set back of 3 feet,the degree of nonconformity is the 10 ft.by 20 ft. area,•or 200 sq. ft. space which occupies the 10-foot, non-permitted building, 'side yard area. The degree of existing nonconformance has been established by the space which does not comply with the zoning regulations. 3. The Board finds that pursuant to section 242A, if the new construction, remodeling, redonstruction, or addition, to a nonconforming building creates a new area of nonconformance,where none existed before,the degree of a building's nonconformity will be increased. For example,if the building's nonconforming 10 ft.by 20 ft.dimensions are expanded, any part of the new construction Which encroaches into the 10-foot, non- permitted'building,side yard area would create a new area of nonconformity,where none existed before;and would increase the degree of nonconformity. Similarly, if a second- floor were added'straight up over that nonconforming 10 ft,by 20 ft. area, the addition would create a new area of nonconformity,where none existed before,and would Increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the building's existing footprint does not Increase the degree of nonconformity, we find no legal ;basis for this conclusion. The second-floor addition will Increase the building's established,degree of nonconformity because there would be more area, more square footage,snre volume,and more building within the 10-foot,non-permitted side yard area. Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity,where none existed before. 5, The Board agrees with the Building Inspector's determination that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 6. The Board finds that there is no basis in Section 242A to substantiate the Building Department's •position that permits a nonconforming structure to expand into a nonconforming area if the expansion is an Inch less or, a foot less than the existing building's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could be viewed as arbitrary Ple657 Page 4-January 24,200 " Appl.No.5039-R.and L.Walz 1000-37.6.5 at East Marion C \ 0'1' ' '� because the three dimensional space within which a structure is permitted to be built on a lot is defined by the town code regulations governing building set backs,maximum height and bulk. - NOW,ON MOTION'BY MEMBER TORTORA,SECONDED BY CHAIRMAN GOEHRINGER,BE IT RESOLVED, that the Board of Appeals Interprets Article XXIV, Section 242A to mean that: Remodeling, reconstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create and new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. An increase in the degree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontally,where none existed before. NOW,THEREFORE BE IT FURTHER RESOLVED to DENY the applicants' request to reverse the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Horning. NAY: Member Dinizio (voting against the decision for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted(4-1). Drawing Addendum Attached for Filing with - Gerard�Goehringer,Chairman / RECEIVED AND FILED B/ Approved /-2 7--d 2 s, ,K, THE SOLTTHOLD TOWN a AN' DA Y,',1$$ s'60 • Town.C1s;k, Town of Southold ' , ‘. • I , F WAY , , , y., . jGJ.,6” EO 2' / R N urn• 3G jjjjojj: : ppbE - p.MDF'• 8',/ O �g1105 log/ r- FE OJ'SFND \ BROKEN MON ! ,) /., F/8.3' .4'j; v RAhe m. Lai N GARAGE N I A i c ti y ' 1 ^ 18.3' i •F 0.3V $ 1 24.9.- 1 PROP. - 810 STORY • t4 r \ -11 A ll D . 1:at. 1� . o 1 . r11I P/a. ,,fer r Joy• �� ' 2IWOOD ti _ , RET.�yAL, 2 STORY ,�' mb SURVEY OF Z ti l P(T, FRAME A O \ O co•`� w 'r..�1F HOUSE a 8 U PROPER T V STEPS _ Y . , �, f. o AT MATT/ TUCK „? , :'zs= Flw0004. TOWN OF SOUTl-/OLD . /// SUFFOLK COUNT Y 1JOOD 03‘.M!r �0 7 J • K'ALL /p. vE- �d 1000 - • 123 - 05 - 26 . Di %'' Scale l" =30' �, WpOD 8------ ` M N w.M • �, v�` ,.yam ,,25'VJ moi ' FEB. 7, 2005 ROCK : r - S 72:22 July s, 2005 fu �;'fir�:t Jerry 5 0.3 ' C^ CC +� RECEIVED . ---'B A Y f JUL 2 6 2005 EGpN I --- � o� /� ZONING BOARD OF APPEALS �' CERTIFIED TO' _ PH/LIP G. MILOT MERCANTILE MOR TGA GE BANKERS LTD. SECURITY TITLE & GUARANTY CO. l /06 /929 i i 1 ANY ALTERATION OR ADDITION TO THIS SURVEY/S A VIOLATION, ;: • , OF SECTION MOS OF THE YORK STATE EDUCATION LAW. :: `r. i,OF NE* EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS ,, ,r'Q� 'O L . HEREON ARE VALE)FOR THIS MAP AND COPES THEREOF ONLY F ,,,.:t3, �N 1.A404. �,� ,. - SAIDMAP 0R COPES BEAR THE IMPRESSED SEAL OF THE SURVEYOR :•• --e.•' . - -?Mpg=NAME APPEARS!MEM '�' ,r'. F• - AliDITIONALLY TO GOA/PL Y WITH SAID LAW TERM ALTERED BY MUST BE USED BY ANY AND ALL SURVEY= UT,"_("WG A COPY .C-,-,1.:N �!� =x',�Il OF AMDTI R SURVEYOR'S AMP. 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N . z ,: :///_ . • ► � , '� r 11N Of — ---- — _•—\ SGe� / - - • .____ ____ _ _iZ.r.:L__ ___. _ ___ _ _ ___ __ __ ___ ___ ___ , — ?R-oPoS�D - --- - - - w\,a1jov�/ 9 - -- ry y. ..—_— -_-- `P • 1V , a .C7 1 C91`''0�. 1 - ',j ~ [ `, 3 ee -i1-c ExvS'C1r1 G-' - Cz-0c�vQc i,;j 3E�o T}1�S L.1NE v, ti'y - e n P O SED -t-p lE Nn N\l.1 shy • '141 „;,,f4,,,2 OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT THE OWNER) STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) Philip Milo , being duly sworn, deposes and says: I reside at ' 140 Woods End Drive , in the County of Somerset and the State of NJ , and I am the (owner in fee) (officer of the Corporation which is the owner in fee) of the premises described in the foregoing and that I have authorized Suffolk Environmental Consulting to make the foregoing appjication as described herein. (/-( ir7 c ,e_cr %ur— Signature Signature If Corporation, name of Corporation Officer's Title Sworn to before me this day of a.,--E _ . - , 200 kditNotary Pub i '* CAROL E.RITZER Notary Public of New Jersey my Commission Exnires 6/15/2005 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose 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: #9/ ® / P /P_ (� (Last name,first name,middle initiil,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.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance 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 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 T� Submitted this i1? day of fop ri-vd-e - v Signature- Print Name: /It G — ��• I /- /\\, � I4 4-0 IP �\O OFFICE OF 1° 11)1 -- ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a,Town.Southold.ny.us Jayne.Martin(a Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 3 7-51 9 MEMO • LS- TO: DATE: cA.XJ 7 c=1-6 b RE: )ti 24/9-41 5-765- r efite a_ „J- _-_-7-70_e_id; A„e,„,/ 74) M. APPEALS BOARD MEMBERS �s -111 • Mailing Address: �•••60� oUTyp Southold Town Hall Ruth D. Oliva, Chairwoman � e O 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer it Ali jig Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '.. IC,9 J J %{ 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 March 15, 2006 By Regular Mail and Fax Transmission 537-5198 Mr. Bruce Anderson, President Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA File No. 5705 —Variance Determination (Milot Premises) Dear Mr. Anderson: Please find enclosed a copy (by fax and regular mail) of the February 2, 2006 determination rendered by the Zoning Board of Appeals and filed with the Town Clerk regarding the above variance requests. Thank you. Very truly yours, L' da Kowalski Encl. Copies of Determination also to: Town Clerk (original) Building Department (copy) Cly P , % ' ,. d/,7/ (40 r dal, 177-11.1 , FORM NO. 3 , I NOV 1 8 2005 NOTICE OF DISAPPROVAL _,__-= "J-'3 DATE: September 28, 2004 RENEWED &AMENDED: November 14,2005 415 TO: Suffolk Environmental Consulting A/C Milot f- Gavar&- PO Box 2003 ' 2 Bridgehampton,NY 11932 a Please take notice that your application dated September 24, 2004 For permit to construct a second story addition to an existing accessory garage at (Plib AJD Location of property 4185 Camp Mineola Road,Mattituck,NY County Tax Map No. 1000 - Section 123 Block 5 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7623 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-242,which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-33,which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120,R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." The existing accessory building is currently noted as being+/- 1 foot. The proposed construction will maintain that setback. Pursuant to Article XXIV, Section 100-244, which states that parcels measuring less than 20,000 square feet in total size require a front yard setback of 35 feet. This ► i ice o Disap.ro al was renewed and amended on November 14, 2005 after new plans w: isubmitt;d to t Vii' office. Autho s Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. L Application of Philip Milot Private R.O.W off New Suffolk Avenue; Town of Southold,NY SCTM#: 1000-123-5-26 Project Description Applicant is proposing to construct an 18.3' x 20.5' 2nd story addition to the existing garage. Please note that the existing frame garage is not proposed to be demolished. Rather, a rd story will be added to the existing structure. The existing 1s1 floor from the top plate down is proposed to remain. Only the roof and gables will be removed. The existing garage is currently used for storage. This use will not change. The proposed 2nd story addition will be used as a recreation room,and will also contain a powder room (toilet& sink). The only proposed changes to the first floor structure are the addition of a single window to the south wall of the garage, and installation of a stairway to access the proposed 2nd floor. FORM NO. 3 C NOTICE OF DISAPPROVAL DATE: September 28, 2004 TO: Suffolk Environmental Consulting AIC Milot Ceth-b P46 PO Box 2003 Bridgehampton,NY 11932 -d Y'440 aL kdo.Qpn-it// — Please take notice that your application dated September 24, 2004 _;� �( a" For permit to construct a second story addition to an existing accessory garage at OCT 2 a 2004 Location of property 4185 Camp Mineola Road, Mattituck,NY �a�'irs r Yz� ., County Tax Map No. 1000 - Section 123 Block 5 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7623 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-242,which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." The existing accessory building is currently noted as being+1- 1 foot. The proposed construction will maintain that setback. Pursuant to Article XXIV, Section 100-244,which states that parcels measuring less than 20,000 square feet in total size require a front yard setback of 35 feet. Au 'zed Signature MILOT Property Situate: 4185 Camp Mineola Road, Mattituck, NY SCTM #: 1000- 123 - 05 - 026 (Photo taken on June 23, 2005) • ' OPOSED 2ND STORY ABOVE 11104111.111. TO 'MAIN . L -Jarr- -` Photograph of existing garage, looking south. The existing structure (below roofline) is proposed to remain. The roof is proposed to be removed, and a 2nd story added. The footprint of the existing dwelling will not change. ZIJ �S �dSi it �-� MILOT Property Situate: 4185 Camp Mineola Road, Mattituck, NY SCTM #: 1000- 123 - 05 - 026 (Photo taken on June 23, 2005) ,,. , 'kb"' - #8::*0.--14''',*;":,i'.1,1'4' #le" '4°6- 4* Ili 4.: . III OW 7 s‘ k411 ' A• eti, ,t,,,,3 . I-- ORE : �� _ 1 gle `/ 1 •. 10 Photograph of existing garage, looking west. The existing structure (below roofline) is proposed to remain. The roof is proposed to be removed, and a 2nd story added. The footprint of the existing dwelling will not change. 16 • A MILOT Property Situate: 4185 Camp Mineola Road, Mattituck, NY SCTM #: 1000- 123 - 05 - 026 (Photo taken on June 23, 2005) --- PROFO ED 2ND STORY.ABOVE T • T--.--r---.= =-Tom-,-- - �""r_ --, - �� 1 r- �... . - - TO REAR _ • • Photograph of existing garage, looking east. The existing structure (below roofline) is proposed to remain. The roof is proposed to be removed, and a 2nd story added. The footprint of the existing dwelling will not change. 1_ D� 91 tS MILOT P Situate: 4185 Camp Mineola Road, Mattituck, NY SCTM #: 1000- 123 - 05 - 026 (Photo taken on June 23, 2005) of • OSE124afgRY ABZIMMIIIK mor ti\I\ Itklithr Thr Photograph of existing garage, looking north. The existing structure (below roofline) is proposed to remain. The roof is proposed to be removed, and a 2nd story added. The footprint of the existing dwelling will not change. ti11 D� 6, \\ )(.2 p (-.1 .. - MILOT Application (concerning front yard relief) Ev 't Situate: 4185 Camp Mineola Road; Mattituck; Town of Southold, NY SCTM #: 1000 - 123 - 05 - 026 le ., A . ft . til‘ 0 it: . ! EXISTING': _ .-1-3/4"Sk � y ACESORY ` - '.BUILDINGS _ ' % ' ._ 8 v. lifi .: k . _.,„.. _ .. r = ..,- , , . , 1 i ` i , EXISTING __,... te II ' ' * i if Arok 0,NI\ li° ' ' 4 i .. .. • ___-....- . ov ...... EXISTING ACCESSORY itop, li . .4100.1.40_ ot 4 - 1.4 !by BUILDINGS \ GARAGE i NOTE:All indicated accessory buildings exhibit j MILOT front yard setbacks less than the required Property setback pursuant to the requirements of • the Residential R -40 District. f It Prepared by: SUFFOLK ENVIRONMENTAL CONSULTING, INC. Date: March 7, 2005 P.O. Box 2003; Bridgehampton, NY 11932 (631) 537 - 5160 Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President November 28,2005 Linda F.Kowalski c/o Zoning Board of Appeals Southold Town Hall P.O.Box 1179 Southold,NY 11971 ECENED Re: MILOT—Notice of Incomplete Applica ion NOV 2 9 2005 Situate: 4185 Camp Mineola Road Mattituck;Town of Southold,NY SCTM#: 1000-123-05-026 ®IVI�BGBOARD ®F APPEALS Dear Ms.Kowalski, Concerning the above referenced matter,we have received a new NOTICE OF DISAPPROVAL from the building department dated November 17,2005. Additionally,please find enclosed the following: 1. Check in the amount of$450.00,for the deficient application fee; u SOI 9 2. Notice of Disapproval(one [1]original); 3. Revised Building Plans,depicting all elevation views,the existing and proposed improvements (seven[7]copies). Regarding the nomenclature of the elevation views,elevation drawings are named based on the direction they are viewed from or the direction they face. For example,a north elevation faces north,and is viewed from the north;and 4. Photographs of the front,rear and side elevations of the existing structure,revised to indicate the portion of the structure proposed to remain(seven[7]sets). 5. Copy of the Building Permit Application and Project Description submitted to the Building Department,dated November 4,2005. Please continue review of the subject variance application,and schedule the matter before the Zoning Board at the next available meeting. Should you have any questions,please do not hesitate to contact me. Sincerely, Sh. M.Barom w/enc. cc; P.Milot 41, c st7a Suffolk Environmental Consulting, Inc. `�- Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President oC FC VED July 25,2005 ' JUL 2 6 2005 R O5 Linda F.Kowalski L7/� do Zoning Board of Appeals Zoi ii o BOARD OF APPEALS Southold Town Hall P.O.Box 1179 Southold,NY 11971 Re: MILOT—Notice of Incomplete Application Situate: 4185 Camp Mineola Road Mattituck;Town of Southold,NY SCTM#: 1000-123-05-026 Dear Ms.Kowalski, Concerning the above referenced matter,please find attached: //4443-4-1 Check in the amount of$450.00,for the deficient application fee; 2. Survey(seven[7]copies),prepared by John Metzger,dated July 6,2005,depicting the setbacks to the property lines. Please note that there is no new construction area per-se. The proposed 2nd story addition will occupy the same footprint as the existing structure; 3. North Elevation Diagram(seven[7]copies)depicting the median height,and distance from the ground to the top of the ridge; 4. Seven sets of Photographs of the front,rear and side elevations of the existing structure;and 5. Information regarding Mansard Roofs(from about.com). Please note that after some research and discussion with Damon Rallis,it appears the median height rule does apply to this roof design as it is neither a flat roof nor a mansard roof. Please continue review of the subject variance application,and schedule the matter before the Zoning Board at the next available meeting. should you have any questions,please do not hesitate to contact me. Sincerely, Sawn M.Barorn w/enc. cc: P.Milot Kowalski, Linda • Subject. Review Milot resubmission of 7/26 Thu 7/28/05 11:00 AM Start: Thu 7/28/05 11:30 AM End: • Recurrence: (none) • , . Check missing of$450. Also need project de script o Two NDs similar clarification to confirm • which areas of existing s Oldiadditio with ex sling fi stdfloord Not cleaDr,Ims beloabewproposed to be on were applied for,one for demo and the other for 2nstory application forms and photos. Existing area below grade not provide,(is it a slab or foundation to remai built?). r , - 1 z°{ c .,a.�-0� Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President July 25,2005 I --(.' /6 '� JUL 2 6 2005 Linda F.Kowalski .6765 do Zoning Board of Appeals i zoroi�� gOAHD OF APPEALS Southold Town Hall P.O.Box 1179 Southold,NY 11971 Re: MILOT—Notice of Incomplete Application Situate: 4185 Camp Mineola Road Mattituck;Town of Southold,NY SCTM#: 1000-123-05-026 Dear Ms.Kowalski, Concerning the above referenced matter,please find attached: ~ig---1. Check in the amount of$450.00,for the deficient application fee; 2. Survey(seven[7]copies),prepared by John Metzger,dated July 6,2005,depicting the setbacks to the property lines. Please note that there is no new construction area per-se. The proposed 211d story addition will occupy the same footprint as the existing structure; 3. North Elevation Diagram(seven[7]copies)depicting the median height,and distance from the ground to the top of the ridge; 4. Seven sets of Photographs of the front,rear and side elevations of the existing structure;and 5. Information regarding Mansard Roofs(from about.com). Please note that after some research and discussion with Damon Rallis,it appears the median height rule does apply to this roof design as it is neither a flat roof nor a mansard roof. Please continue review of the subject variance application,and schedule the matter before the Zoning Board at the next available meeting. should you have any questions,please do not hesitate to contact me. Sincerely, .4gfir S i awn M.Barom w/enc. • cc: P.Milot a4 , , 4 • '.3.... WAY RIGHT OF -zDO UTL O n.,-------7:-- I Q FE0.7N51_A_pp",'g 58'_ I FND N 76'35:76.5,, ! R/'SWp BROKEN MON y `r/� COR CONC •-; 11 I \ . 1 • •/r 4 S . ' n 0)e 1 GARAGE N L . �(' • Y c .in TI FE r2 9, I F 0.3'W z O 1� ti I A-00000% I \ i'lz e-6/t-W-frC^: 1 , h:.z \ \ ala• I rn� 1` I 1 , I 1' /09. 1 ' 225• 0 Nitu ti z sTo T. ANNE. ►SI 0) m S UR VE Y OF ,- o t �� HOUSE p COpC - �l y° �" PL6TT PR OFF R T Y cH/M e.. • F lJ `� STEPS AT M% T T I T UCK 4 w ° ' { 95_ T O WN OF SO U THO L D 1 22¢. • to o Waav l Deor L SUFFOLK COUNTY,N. Y.01 . CO r i\z 1000 - /23 - 05 FE = WOODEN gULKHEA''�,v,./1' w f" ' SC a i e /" = 30 ' 26 2'0' - -- A plan. 7, 1988 c 'No 72 tl 5 W ROCK f!- - S JETTY 50.39 - -- Y - . - B r . CERTIFIED TO' ' PHILIP G. MIL O T MERCANTILE MORTGAGE BANKERS LTD. SECURITY TITLE & GUARANTY CO. /06 /929 Prepared In accordunr^ with the minimum standards for title surveys as established u t , / (. -/Pl'ilAsPr 0.. .,\.6 l,, � '- r Architecture Glossary-What is a mansard roof _ Page 1 of 3 K i You are here: About>Arts&Literature >Architecture ___ -= - _ _ - -=_-- Search} _____ - t /+^ '( Architecture ----_ --- - - __-:-,--,..,-,-. --_,1_ Sponsored I, Hoate _:- What is a mansard roof? Mansard Ro Cedar Shake Essentials A mansard roof has two slopes on each of the four maintenance ' House Helpline sides. The lower slope is steeper than the upper miamifoundry What Style Is It? slope. Dormers are often set in the lower slope. Roof Types Paint Color Guide The upper slope is usuallynot visible from the otiilustrate pp materials,col World's Tallest Buildings' ground. more Architecture 101 RoofProject cc Architecture Offers - •E. ` -•� Craftsman A - �: �. , 535 CraftsmE Architecture tt--`, plans in a se; Slate Roofs - ::/.:i30 ---' - database. DaVmci Roof i'" COOL-House- New Roof MQusrd roof Plans com!_C Roof Truss Design Illustration from ArtToday.com F ' What are offers? - - - -- The term "mansard" comes from the French Mo Articles&Resources architect Francois Mansart (1598-1666) of the Design&Build Beaux Arts School of Architecture in Paris, France. Pickir Remodel&Restore Mansart revived interest in this roofing style, Hous Archi Find Products& which had been characteristic of French HomE Services Renaissance architecture, and was used for Progr Research Your Home portions of the Louvre. Color Great Buildings . Exter Famous Architects Color Another revival of the mansard roof occurred in Tools Construction Facts the 1850s, when Paris was rebuilt by Napoleon III. Ho i Periods&Styles The style became associated with this era, and the Theories&Approaches • term Second Empire is often used to describe any Health&Environment ' building with a mansard roof. Wh Cities&Landscapes Star l Travel&Museums Mansard roofs were considered especially practical The F School&CareerAr because theyallowed usable living p y p o G, Lessons&Activities g quarters to be ORG, Reference Tools placed in the attic. For this reason, older buildings ARC} were often remodeled with mansard roofs. In the Dom( Buyer's Guide United States, Second Empire -- or Mansard -- was Mosq Before You Buy a Victorian style, popular from the 1860s through Israel Top Picks the 1880s. Book' , Great Architecture Gifts Frank Lloyd Wright Gifts. Architecture Glossary Home Design Software Product Reviews -,- Articles JUL 2 6 2005 Z6 5- -? or ZONING BOARD OF APPEALS http://architecture.about.com/library/blgloss-mansard.htm 5/26/2005 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 28, 2004 TO: Suffolk Environmental Consulting A/C Milot PO Box 2003Clakd Bridgehampton,NY 11932n a q Please take notice that your application dated September 24, 2004 For permit to demolish and reconstruct a nonconforming accessory garage at 171/ AS- Location of property 4185 Camp Mineola Road, Mattituck,NY County Tax Map No. 1000 - Section 123 Block 5 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7623 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-242,which states, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-33,which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." The existing accessory building is currently noted as being+1- 1 foot. The proposed new garage will maintain that setback. Pursuant to Article XXIV, Section 100-244,which states that parcels measuring less than 20,000 square feet in total size require a front yard setback of 35 feet. cap , Illr.ri•%ed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) , DATE: 11 /29/05 ZBA# , NAME CHECK# AMOUNT TC DATE STAMP MILOT, PHILIP (Suffolk 8019 $450.00 5705 Environmental) Additional fee due • TOTAL $450.00 Thank you., . M ,,,, 411. • •00�0� SO(/r��l ELIZABETH A.NEVILLE • Q Town Hall, 53095 Main Road TOWN CLERK 4 4; P.O. Box 1179 Southold, REGISTRAR OF VITAL STATISTICS N New York 11971 MARRIAGE OFFICER 3 -q� ((1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER *t* `Oli oe� Telephone(631) 765-1800 =,� FREEDOM OF INFORMATION OFFICER eOUIVTY,� �1�. southoldtown.northfork.net 'Fes ,SII OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 14, 2005 RE: Zoning Appeal No. 5705 Transmitted herewith is Zoning Appeals No. 5705 - Philip Milot-Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Area Variance reasons; Reasons for use variance; ZBA questionnaire; Owners endorsement; Applicant Transactional Disclosure form; map of property; two aerial photos; survey of property; five pages of building plans and a letter from Suffolk Environmental Consulting regarding enclosures dated April 4, 2005. 1 TownP.O OfBox Southoldill 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/11/05 Receipt#: 7453 Transaction(s): Reference Subtotal 1 1 Application Fees 5705 $150.00 Check#: 7453 Total Paid: $150.00 Name: Milot, Philip 4185 Camp Mineola Rd. Mattituck, NY 11952 Clerk ID: BONNIED Internal ID:5705 M 0 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Applications and Checks for Processing) DATE: 4/7/05 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 5704 MANLEY, ROBERT & 105 $400 DONNA V 5705 MILOT, PHILIP 7453 $150 PALMIERI, DR. CAROL 5706 & ROBERT ROTHBERG, 6133 $400 MD TOTAL $950 By LK Thank you. 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 January 26, 2006 12 9:30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 LESLIE K. WEISMAN, Board Member 16 JAMES DINIZIO, Board Member 17 MICHAEL SIMON, Board Member 18 LINDA KOWALSKI, Board Secretary 19 KIERAN CORCORAN, Assistant Town Attorney 20 Board Member Absent: Gerard Goehringer 21 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 19 1 2 oven it so sometimes the rain won2't get to you depeding on the wind? //3 MS. GRUN: Hopefully a solid roof will last longer than a canvas rqof. 4 CHAIRWOMAN OLIVA: 1You're not thinking of enclosing it in any manner? 5 \MS. GRUN: No. ) CHAIRWOMAN OLIy/A: Michael? 6 BOARD MEMBER SIMON: No questions. CHAIRWOMAN O,%IVA: Leslie? 7 BOD MEMBER WEISMAN: No questions. CHA WOMAN/OLIVA: Jim? 8 BOARD MEMBER DINIZIO: When you're looking for a piece o p'froperty on County Road 48, and 9 you have a sur ey, if you look at the survey in the front, th y ive you utility pole numbers, 10 that's how ydu ge to it. I've worked on utility poles most f my 1'fe, so I had no trouble finding 11 it at all. I have o question. You know, you're just basically repla ing the concrete. To my mind 12 it's probably a bette thing than having concret 13 /CHAIRWOMAN OLIVA. Is there anyone in the audien e that wishes to co ent on this 14 application? If there's no er questions, I'll make al motion to close the hearing and reserve 15 decision until later. (See minutes for resolution.) 16 CHAIRWOMAN OLIVA: Next application is for 17 Philip Milot, and it is for a second story on a garage on Camp Mineola Road, which is rather close 18 to the lot line. MR. ANDERSON: Bruce Anderson, Suffolk 19 Environmental Consulting. These are some aerial photographs that show you the neighborhood. This 20 is on Camp Mineola Road, which is comprised of nonconforming lots with nonconforming structures, 21 practically every lot that comprises the neighborhood and we're really no different than 22 anyone else. What Mr. Milot wants to do is simply to raise the existing roof of his garage by about 23 six and a half feet from the existing peak elevation to the proposed, so we can have a 24 recreational room for his kids. We're here because of -- it's sort of a Walz policy bearance 25 type request. The garage footprint measures about 379 square feet, so it's kind of a small space, January 26, 2006 20 1 2 and it is for practical reasons up against the street side front lot line, and it is up against 3 the side lot line, but that is preexisting, nonconforming condition. By doing this it 4 obviously minimizes construction-related impacts and it is a very sensible way of expanding the 5 garage structure. That's really all I have to say. 6 CHAIRWOMAN OLIVA: There is no thought of expanding the house, which you could come back 7 with the house instead of coming up on the garage? MR. ANDERSON: The house is kind of large 8 for the lot. The lots are small down there. CHAIRWOMAN OLIVA: I know. 9 MR. ANDERSON: And you do have the space between the house and the garage which takes up 10 your septic system. And we're working on one down the street, which is set up almost identically, 11 and it's the same situation where you can't do very much with these lots because of the septic 12 system. BOARD MEMBER SIMON: I note that 13 strategically valuable to introduce aerial photographs as opposed to, for example, elevations 14 of the neighborhood. Because one of the things, if there's anything as controversial about this as 15 far as I'm concerned it's that the elevation of that garage is going to be higher than any of the 16 garages that I can see in the street. So here we have a garage that's only seven feet from the 17 property line, and it's no more obtrusive than any of the other garages, which are similar, but this 18 one will be higher than any of the others. That might be a consideration. 19 MR. ANDERSON: The only thing I can say is if you look at this neighborhood, it's being 20 redeveloped. And the folks down there -- we're working down there on another one and we'll be 21 coming before you in I suspect March or April, at any rate, the neighborhood seems to favor this 22 sort of thing as a group. I don't think it's controversial for this neighborhood. I don't 23 think we're going to discover that anyone's objecting to it. The history again is sort of the 24 redevelopment of it. If you look at the size of the lot, you have a house, you're not going to 25 expand toward the water, you can't expand to the street because of the septic. It seems to be a January 26, 2006 21 1 2 sensible, if you're going to expand, to do it in the manner the way we propose. 3 CHAIRWOMAN OLIVA: Just a rec room, no living area? 4 MR. ANDERSON: No living area. BOARD MEMBER SIMON: Would it be heated? 5 MR. ANDERSON: I don't think that matters. We have no proposal to heat it. It's really just 6 a rec room used by kids. This house is used seasonally, so I would suspect it wouldn't have to 7 be heated. CHAIRWOMAN OLIVA: And no water or 8 anything? MR. ANDERSON: No, there is a half bath. 9 Which I think is okay. CHAIRWOMAN OLIVA: Leslie? 10 BOARD MEMBER WEISMAN: There is no response from the neighbors. I did notice that 11 you had the notice of hearing posted, and no one has come; is that because neighbors on either side 12 are also seasonal? I know they had to receive a letter. 13 MR. ANDERSON: We sent them letters. I'm not sure what they are. This is what I have been 14 told of the neighborhood, and I know Mr. Milot, this is a summer house for him. 15 BOARD MEMBER WEISMAN: Your site plan doesn't indicate where the septic system is 16 located. Although it's in that vicinity, it doesn't indicate specifically where, if you were 17 to expand in that direction rather than to go up, what the impact might be. 18 MR. ANDERSON: I can tell you if the septic system were a conforming septic system, it 19 would take up all that space because we're going through this right next door or a couple doors 20 down, and we had to plan how to redevelop the site based on that being a limiting factor, 21 dimensionally and area-wise. So I'm fairly confident about that. And the house was redone so 22 they're going to have a modern, up to date septic system. 23 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: So the actual ridge 24 line is going six feet higher, it's going to be the same roofline? 25 MR. ANDERSON: Yes, it's the exact same roofline. It's just raising it up, the peak goes January 26, 2006 22 1 2 up, the side walls go up maybe three feet because the gable stays the same. 3 BOARD MEMBER DINIZIO: It doesn't look to me like there would be any other place to park a 4 car except for the driveway, and you want to be able to get a fire truck in there, and I think 5 there are a couple of places that have higher garages. There are some garages there that are 6 not just plain old like this, drive a car in and have four feet above. 7 MR. ANDERSON: If you look at the elevations, along the side, if you look at the 8 walls on either side, they are raised by four and a half feet. So I mean, in a sense this is a one 9 and a half story, the actual head room measured at seven, makes this the center part of it. 10 BOARD MEMBER DINIZIO: What is the overall height to the ridge? 11 MR. ANDERSON: The overall height of the ridge? 12 BOARD MEMBER DINIZIO: I thought -- I mean, it's less than 15 feet. 13 MR. ANDERSON: Existing or proposed? BOARD MEMBER DINIZIO: Existing. 14 MR. ANDERSON: Existing ridge is about 14 feet. And that ridge goes up by about six and a 15 half feet. BOARD MEMBER DINIZIO: Do you have any 16 idea what the average will be when you're done? MR. ANDERSON: The average will be 17'9" . 17 BOARD MEMBER DINIZIO: Okay. I have no other questions. 18 CHAIRWOMAN OLIVA: 17 '9" . BOARD SECY. KOWALSKI: It's a median 19 height as proposed, 22 feet to the top of the ridge in there. 20 MR. ANDERSON: I've got 21, actually. CHAIRWOMAN OLIVA: It's either 21 or 22 . 21 BOARD MEMBER DINIZIO: I see an elevation July 26th that it's 22 . 22 MR. ANDERSON: Okay. BOARD MEMBER DINIZIO: If that's 23 agreeable, we'll just use that number. CHAIRWOMAN OLIVA: I think that's what it 24 was, Mr. Anderson. Is there anyone else in the audience that wishes to speak on this application? 25 If there's no other questions, I'll make a motion to close the hearing and reserve decision until January 26, 2006 23 1 2 later. (See minutes for resolution. ) 3 C HAIRWOMAN OLIVA: Next application is for 4 Gregg an Cathy Roberts, who are coming in for really jut t a rearrangement for their porch 5 MP. ROBERTS: Good morning,�I'm Gregg Roberts, m wife and I recently sur,"mitted an 6 as-built b 'lding permit for our property, which was denied. It was at that point" we learned that 7 since we wer on the corner our/side yard has the same setback requirements as the front yard. The 8 front yard ha plenty of space', but the side yard, the house isbuilt in '48, ana the house, not only 9 just the porch but the house itself are within the 35 foot set ack, so that was grandfathered in 10 when we put in or the permit. We had done some work on that por h to enclose it and all, and then 11 we found out about this aft this point now. CHAIRWO OLIV . People don't realize 12 sometimes they hav two front yards. MR. ROBERTS\ e, realize that now. 13 CHAIRWOMAN OLIVA: Michael? BOARD MEMBERIMON: I have no questions. 14 CHAIRWOMAN OL,�"VA: Leslie? BOARD MEMBER°� W ISMAN: No, the work is 15 complete. So what we actually saw is the final product. 16 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZCO: No comment. 17 CHAIRWOM\N OLIVA: Nsis there anyone in the audience that wishes to commbent on this 18 application? Ithere's no other questions, I'll make a motion o close the hearing and reserve 19 decision until later. (See rinutes for reso) ion. ) 20 CHAIRWOMAN OLIVA: Our nkxt hearing is for 21 Geri Klein about the fence. I would just like to set some parameters before we start because I know 22 there's some very heated comments that probably will be made. I hope that the peoplr that are 23 against it/will choose one or two peple to explain thteir problems with this fence. If it 24 becomes repetitive and everybody has t get up and it takes too much time, we're moving a ong very 25 nicely, Idon't want to hold up your neighbors for their hearings, then I will recess the hearing and January 26, 2006 /� o _ , v� �; � TOWN OF SOUTHOLD PROPERTY RECORD CARD741- 2 OWNER STREET 41/ 5 VILLAGE DIST. SUB. LOT 24J'e /O 74 ..,ALIO/ _ in A ., Af..‘ i ,`f'vrK 9 DLSe ► 0is4P FO MR ER OWNER N 496AJ d�// E ACR. r 6 6/G/dQ �,<.J 4, f`tS / W , TYPE OF BUILDING / ES. 2,40 ( SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND ,IMP. TOTAL DATE REMARKS 1 /U-id / 7 d 6 02. 7 d o 4/'/ 7 4k 2. /tea ° ° - P,T, 4 o Caw� /O00 _ .�2.-1,C) 3 o d 6/ A--4, Y -VA/F® L/� 9d So a C'ka 6" 7z. :/o f p �3.3� ( `DD 0 2.6 O d .460 / '1L7/r a° JsC 1/ /Zaise .,04.y. , o4 / �ic B/ao, a.sd- 4—CI0 / c9t / '#D G 26 O b . " / a 0 4 ' x 7/// 2 / � _' Co 6-0 / / '/1'a/r Jk 43e.— Gf o 10340 AGE BUILDING CONDITION 1 ).)ja NEW NORMAL BELOW ABOVE FARM Acre Value Per . Value - Acre tillable 1 dr tillable 2 illable 3 / Voodland Afr->wampland FRONTAGE ON WATER j ,j f, L- Z 7 3,57d,, , 3rushland FRONTAGE ON ROAD Q >,ct -louse Plot DEPTH - !/‘ ..... ....„0 ..,.., - BULKHEAD 2/e- s Total ''i' DOCK „ ; T COLOR , TRIM f ZGtA'\ _ 110 lit. . L. f -c-5---/eg mss, .. ._ , / . , _ , M. Bldgt� y4 4.../r_ /054 7.i 5-4 andation Bath 7 Dinette Extension Basement Floors 7--/-7_, K. _ rw Extension Ext. Walls Lx-ig S r I?<., Interior Finish w,e_ LR. Extension - Fire Place ° CS , Heat O. DR. ` Type Roof 4_1>/e Rooms 1st Floor BR. q i _ / il Porclbe�k f 1X A- 3 74 , ;.,C q9 ' 'Recreation Room Rooms 2nd Floor FIN. B. 11”", Dormer li I'''d--6,..f Breezeway g Driveway , Garage ;Le )( 4 3 c v 1/ T Patio - O. B. Total • '55� �, /— 16 C/fpe. (Mai ,,,_.) iii) . , _. and half bathroom (toilet and sink) construct,at property known as 13795 are not permitted in an accessory build- The reasons m disapproving the build- Oregon Road (right-of-way extending mg,and only one,single-family dwelling ing permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificate of LEGAL NOTICE ' construction will increase the degree of erty),Cutchogue;CTM 83-2-10:16: Preexisting Use was`issued 7/5/2001 for THURSDAY,JANUARY 26,2006 nonconformance when IOeated-ht less (a) barn (building #1) at less a single-family dwelling and"accessory SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with,livir4$•space above*."Loca- BOARD OF APPEALS than 35 feet from the front lot line.Lo- ing rear yard setback,- tion of Property:East End Road,Fish- PUBLIC HEARINGS cation of-Property:4185 Camp Mineola (b) additions with 'alterations ers Island;CTM 4-7-3.3(part of Lot 3). NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;CTM 1000-123-5-26. to a nonconforming accessory garage The-Board of Appeals will hear-all suant to Section 267 of the Town Law 10:15-A M:'GREGG-and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir- and.Chapter 100(Zoning),Code of the ROBERTS•#5817. A variance is re- rage is not entirely in a rear yard,and is ing to be heard or desiring to submit Town of Southold,the following public quested under Sections 100-243A, and extended into a front yard;and written statements before the conclu- , `hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each ,OLD TOWN ZONING BOARD OF tor's October 6,2005 Notice of Disap- as-built and proposed, referred to as hearing will not start earlier than des- APPEALS at the Town Hall,-53095 proval of an application for building storage container buildings'#3 and#4, ignated above,'Files are available for ' Main Road, P.O. Box 1179, Southold, permit concerning additions- and/or in a yard other'thah the'ctide-required review during regular business hours.If New York 11971-0959,on THURSDAY, ' alterations to-the dwelling.The reason rear yard. - -, , you have questions,.please-do not hesi- JANUARY 26;2006'. - , . stated in the disapproval is that the as- 11.25 A.M.MICHAEL and HELEN tate to confact our Office at(631)765- .. 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON #5792. Request'for 1809,or by email:linda.kowalski@town. #5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us. Section 100-30A3,bulk schedule,based -setback,lncreasing,the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006. on the Building Inspector's October 20, -conformance at-less than 35 feet from 1000-104-2-7.1, froin the adjacent va- ZONING BOARD OF APPEALS 2005 Notice of Disapproval concerning the'front-lot line.'Location of Property: cant land identified as CTM 1000-104= - RUTH D:OLIVA,CHAIRWOMAN ' a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the Building Inspector's 7706-1T 1/12 --- -- •PermitNO.31483-Z for construction of''cnvi 110'5=1. : • - August 23,2005 Notice of Disapproval ' -- --- a new dvyeiling•w,hicli will exceed the '11)20A.M GERIANE KLEIN and its determination-that-the proper- .code limitation df 21/2,stories•for pro-; •#5793:"A variance'is requested under ties have been merged pursuant to Sec- -•posed 132;;square feet,of=`spaee-above-, !Section 100T231, based on;the Build- tion 100-25:Location of Property:Cor- the second'floor and Code-compliant ing In'spector's August 15,2005 Notice ner of Horton,Road and Bittersweet- stairs,at 750 Mill Road,Mattituck;CTM-- of Disapprdval concerning a request Lane,Cutchogue,containing 63,808 sq 107-14. ` for,approval of a,fence shown on the ft.as merged.Zone District:R-40 Low- 9:35 A.M.'TIM TRUJILLO, and - 12/1-3/05 survey,as-built,prior to recent Density Residential. PAULA DANIEL #5830 The Appli- changes. The fence exceeds.the code 11.45 A M.BARBARA and KIMO- cant-Owner requests a Special Excep= limitation of four`feet when-located in NO THERMOS #5825.'A-variance is tion to establish an Accessory Apart- the front yard,at 16p Sound Avenue and requested under Section-100-244,based Mont within their existing single-family Sound Road, Greenport; CTM 33-4-- on the Building Inspector's October 20, 1 building_as provided'by Section 100"+ 35.2.Zone-Distriot:-R-40 Low,-Density 2005 Notice of Disapproval, amended `31B;subsection 13 of-the-zoning code.-,-.Residential: ,_.,-, •• - December 8,2005 concerning an appli- ' ,Location''of Property: 580 Soundview -: .;,..10.:45 A.M.EDGEWATER-II,LLC cation for a building permit to demohsh ._Avenue,Peconic;CTM•74 2-6::„'-- - +_;.#5815.:�A".variance is requested-under• an existing dwelling and construct a new '`9:40-A M. JOAN'and'NINA WIN 'Section 100-30A.3,blink schedule,based -dwelling with setbacks at less than the 'TE (O'tvrier:MA TINE;INC)'#5809. ,- on theRiiilding Inspeetor's October 19, code required 10 feet on a single side ' Variances-are.requestedunder"Sections -2005 Notice of Disapproval concerning -and less than 15 on the second'side yard, j 1.00,33,and 100-239.4A(1),basedon the- a request,td-,Mend-a building.permit, at 355,Sound Beach Drive,Mattituck; ` Building inspector's October 7, 2005 -'and requesting variance relief exceed- CTM 99-1-19. .- _Notice of Disapproval concerning an _ing the variance limitations granted 11:55 A.M. JAMES and KAREN ',accessory swimming pool,proposed in a under Appeal No.5330 concerning the HOEG#5821.A Variance is;regnested side,yard instead of the code-required ' height of a dwelling which irregular under Section'100-31A, based on the ' -:front yard or rear yard,and in a location `roofline,exceeded 35 feetat its highest ,.Building Inspector's Noveinber:1,2005 at less than 100 feet from the top of the point and included a bedroom designed Notice of Disapproval Tor-a certificate ' bluff or bank of the Long Island Sound. in space above the second-floor:This of occupancy to allow the existing one- I .Location of Prbperty:'590 North View variance is for a third-designi modifying story building to be used as a principal ' Drive,Orient;.;Cl'M 13-1-5.1. . and expanding the floorspace above the office use,instead of an,accessory.office ,9:5,0 A:MiTHOMAS-LANDI•#5816. second floor,exceeding the code limita- -in conjunction.with.the former dwelling ":N,vananee-=isFrec)uested under Section tion of 2-1/2 stories,and modifying and use which was removed,at 15400 Main- ;'1`t}0=2t4 basedoh;'tlie Building-Inspec- adding roof,angles which exceed'the Road,Mattituck;CTM 114-9-1. tor's November 7,2005 Notice of Dis- code-limitation of 35 feet.Location of 12:05 P.M.PAT IAVARONE,,#5829, approval concerning an application for Property: 63735 C.R. 48 (a/k/a North A variance is-requested under,Section i a building permit for a new swimming Road or Middle Road), Greenport; 100-30A3,bulk schedule,based on the Oak which construction-will increase CTM-40-1-20.2. Building Inspector's November 1,2005 ',die,building Coverage of the lot in ex- - 11:00 A.M. JON and KATHLEEN Notice of.-Disapproval. concerning'a cess,of•the code's-20% limitation, at MARINO#5831.A variance is request- building-permit under #22830Z,which 950 Waterview Drive,Southold; CTM -ed under Sections 100-33 and 100-242, restricted the use of the attic'to!`hon, 78-7-28. based on the Building Inspector's De- habitable" area. An application has 9:55 A.M.SUSAN ROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the #5824. A variance is'requested under concerning a building permit applica- as-built alterations which modified the Section 100-239 4A(1), based on the tion to construct-an addition to the non-habitable attic area to living space ' Building Inspector's November 15,2005 existing accessory garage.The reason and converted.the floor above the sec- Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the building permit application to construct application is that the construction will code limitation for 2-1/2 stories, anaddition,for the reason that the new ,increase the degree of nonconformance '12:20 PM. GEORGE and`ELIZA- construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814 A,variance from the top of the bluff or bank of the yard area of the existing accessory ga- is requested under Sections 100-31A Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location and.100-242A, based on the Building Road or North Road),Southold;CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005-Notice 52-1-6. Southold;CTM 54-8-5. of Disapproval concerning a requested 10.00 A.M.PHILIP MILOT #5705. 11.10, A.M. TIMOTHY STEELE for a building permit to,construct an Variances are requested under Sections #5618. (Continuation from Variances addition and as-built alterations'to an ,Je-A--ae L�100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living 77- the Building Inspector's November 21, 31A(2)(c) and 100-242A, based on space.The reasons for disapproving the 2005, amended Notice of Disapproval the Building Department's April 23, building permit are that the additionU Gni „ - concerning a proposed second-story 2003 Notice of Disapproval, amended will change the intensity of use;increas- u- 1' 874) L addition and alterations to the existing January 28, 2005, concerning a build- ing the degree of nonconformity, and one-story garage,for a recreation room ing permit application for the following the as-built additions and alterations ``•= #7706 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Jean Burgon 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 January , 2006 111 • • Pri c.sal Clerk Sworn to before me this l'\day of C� 2006 GL.CA-4V RISTINA VOLINSKI if fAR4, PUSLIC-STATE OF NEW YORK No. 01-V06105050 ltiblitied In Suffolk County ^c n,r�,;estn Expites February 28, 2008 (13,71 '- / (�0 `, (7 a _' 'SJ "MD and half bathroom (toilet and sink). construct,at property known as 13795 are not permitted in an accessory build- The reasons in disapproving the build- Oregon Road (right-of-way extending ing,and only one,single-family dwelling ing permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificate of LEGAL NOTICE ' construction will increase the degree of erty),Cutchogue;GM 83-2-10:16: Preexisting Use was`issued-7/5/2001 for ' THURSDAY,JANUARY 26,2006 nonconformance when located-at less (a) barn (building ;#1) at less a single-family dwelling and"accessory ' SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with-living space above*."Loca- BOARD OF APPEALS than 35 feet from the front lot line.Lo- ing rear yard setback, tion of Property:East End Road,Fish- PUBLIC HEARINGS cation of Property:4185 Camp Mineola (b) additions with alterations ers Island;CTM 4-7-3.3(part of Lot 3). NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;,CTM 1000-123-5-26. to a nonconforming accessory garage The.Board of Appeals will hear all suant to Section 267 of the Town Law 10:15 A.M:GREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir- and Chapter 100(Zoning),Code of the ROBERTS #5817. A variance is re- rage is not entirely in a rear yard,and is ing to be heard or desiring to submit Town of Southold,the following public quested under Sections 100-243A and extended into a front yard,and written statements before the conclu- hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each OLD TOWN ZONING-BOARD OF tor's October 6,2005 Notice of asap- as-built and proposed, referred to as hearing will not start earlier than des- APPEALS at the Town Hall, 53095; proval of an application for a building storage container buildings#3 and#4, ignated above, Files are available for Main Road,P.O. Box 1179, Southold, permit concerning additions and/or in a yard Other'than the code-required review during regular business hours.If New York 11971-0959,on THURSDAY, ' alterations to the dwelling..The reason rear yard ,. , you have"questions„please do not hesi- JANUARY 26;2006i ` , • - stated in the disapproval is that the as- 11.25 A.M.MICHAEL and HELEN tate to contact our office at(631)765- 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON'#5792. Request'for 1809,or by email:linda.kowalski@town. #5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us. Section 100-30A3,bulk schedule,based setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006. on the Building Inspector's October 20, conformance at less than 35 feet from 1000-104-2-71, from the adjacent va- ZONING BOARD OF APPEALS 2005 Notice of.Disapproval concerning thefront lot line.Location of Property: cant land identified as CTM 1000-104- RUTH D.OLIVA,CHAIRWOMAN a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the Building Inspector's 7706-1T 1/12 -- --- Permit Nb 31483-Z for'construction of-, -CTM-110-5-1. . - August 23,2005 Notice of Disapproval. ? a new dwelling which will exceed the 10:20 A.M.GERIARMINE KLEIN- and,its determination that the proper- code•limitation-of 2-1/2-stories -for pro-- --#5793.A.variance is requested under ties have been merged pursuant to Sec- -posed-132''squar'e feet'of=space above , ,Section-400;231, based on the Build- tion 100-25:Location of Property:Cor- the second`floor and,lode-compliant ing Inspector's August 15,2005 Notice ner of Horton Road and Bittersweet stairs,at 750 Mill Road,Mattituck;CTM- of;Disappr6val concerning a request Lane,Cutchogue,containing 63,808 sq. 107-14. - .` , for approval of a fence shown on the ft.as merged.Zone District:R-40 Low- 9:35 A.M.,,TIM •TRUJILLO and • 12/13/05 survey,as-built,prior to recent Density Residential. PAULA DANIEL#5830. The Appli- changes. The fence exceeds the code 11.45 A.M.BARBARA and KIMO- 1 cult-Owner requests a Special ExceR� - limitation of four feet when,located in NO THERMOS #5825:A-variance is tion to establish an Accessory Apart- the front yard,at 160 Sound Avenue and requested under Section-100-244,based: , inent within their existing single-family Sound Road, Greenport; CTM 33-4- _on the Building Inspector's October 20,, f building-as provided"by Sectioii 100='-' 35.2.Zone•District:R-40 Low-Density' 2005 Notice of Disapproval,amended, ' -31B,subsection 13 of-the-zoning code. -,Residential. - ;r - December-8,2005 concerning an appli- ' ,Location'of-Property:580.Soundview” -, :.,10:45 A.M.EDGE✓WATER II,LLC• cation for a building permit to demolish Avenue;Peconic;CTM 74-2;6:• -;' #5815.-A-variance_,is requested-under' an existing dwelling and construct a new ``'9:40 A.M:JOAN-and-NINA WIN :Section100-30A.3,bulkschedule,based -dwelling with setbacks at less than the TER.(O-weer:MA TINE,INC)•#5809. , 'on'the Building Inspector's October 19, code required 10 feet on a single side Variances are requested'under Sections -2005 Nonce of Disapproval concerning -and less than 15 on the second side yard, 100 33:and 100-239.4A(1),based onthe a requestto amend a building permit, at 355 Sound Beach Drive,Mattituck; • Building Inspector's October'7, 2005 and requesting variance relief exceed- CTM 99-1-19 - fff _Notice of Disapproval -concerning an ing the variance limitations granted 11:55 A.M. JAMES and KAREN ' 'accessory swimming pool,proposed in a under Appeal No.5330 concerning the HOEG#5821.A Variance,is,regiiested' side yard mstead of the code-required F-E height of a dwelling which irregular under Section 100-31A, based on the front yard'or rear yard,and in a location `-roofline=exceeded 35 feet at its highest -Building Inspector's November1,2005 ' at less than 100 feet.from the top of the point and included a bedroom designed -Notice,of Disapproval-for-a certificate bluff or bank Odie Long Island Sound in space above the second-floor.This of occupancy to allow the existing one- Location of Property:590 North View variance is for a third design,modifying story building to be used as a principal, Drive,Orient;'CTM 13-1-5.1. - and expanding the floor space above the office use,instead of an,accessory office .. 950 A:M:;TDQMAS-LANDI-#5816. , second floor,exceeding the code liniita- in conjunction.with the former dwelling • :A yariartce'ie,requested under Section" .tion of 2-1/2 stories;and modifying and use which-was-removed,at 15400 Main -'1O&244;based=on;the Building-Inspec- adding roof,angles which exceed the Road,Mattituck;CTM 114-9-1.1 ' - tor's November 7,2005 Notice of Dis- code-lmiitation Of 35 feet.Location of 12.05 P.M.PAT'IAVARONE#5829. approval concerning an application for Property: 63735 C.R. 48 (a/k/a North A variance is requested under.Section a building permit for anew swimming Road.or Middle Road), Greenport; 100-30A.3,bulk schedule,based-on the -pool,-which construction-will increase CTM 40-1-20.2. Built in_g Inspector's November 1,2005 '„the,building coverage of the lot in ex- 1-1:00 A.M.JON and KATHLEEN Notice of Disapproval- concerning,a• cess,of the code's_20% limitation, at MARINO#5831.A variance is request- building permit under#22830Z which 950 Waterview Drive,Southold;'CTM ed under Sections 100-33 and 100-242, restricted the use of the attic-to"non- 78-7-28. based on the Building Inspector's De- habitable” area. An application has -« 9:55A.M.SUSAN ROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the j #5824.A variance is requested under concerning a,building permit applica- as-built alterations which modified the Section 100-239.4A(1), based on the tion to construct-an addition to the non-habitable attic area to living space ' Building Inspector's November 15,2005 existing accessory'garage.The reason and converted the floor above the sec- Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the building permit application,to construct application is that the construction will code limitation for 2-1/2 stories,. - 'an addition,for the reason that the new- increase the degree of nonconformance '12:20 PM. GEORGE"and'ELIZA- construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814.A,variance from the top of the bluff or bank of the yard area of the existing accessory ga- is requested under Sections 10031A Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location ands 100-242A,based on the Building Road or North Road),Southold;_ CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005 Notice 52-1-6. Southold;CTM 54-8-5. of Disapproval concerning a requested 10:00 A.M.PHILIP MILOT#5705: 11.10 A.M. TIMOTHY STEELE for a buildmg permit to,construct an Variances are requested'under Sections #5618. (Continuation from Variances addition and as-built alterations to an . 100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living6L`Q�Y�'�GO - the Building Inspector's November 21, 31A(2)(c) and 100-242A, based on space.The reasons for disapproving the 2005 amended Notice of Disapproval the Building Department's April 23, building permit are that-the,addition L i fr d , 874) concerning a proposed second-story 2003 Notice of Disapproval, amended will change the intensity of use,increas- addition ��'`ter and alterations to the existing January 28, 2005, concerning a build- ing the degree of nonconformity, and > A-Qz, one-story garage,for a recreation room ing permit application for the following the as-built additions and alterations so #7706 r STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burgon 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 January , 2006 6/ 'a Pri c'eal Clerk Sworn to before me this C\day of 2006 i 101 6 RISTINA VOLINSKI 1N1f7tA0 PUBLIC-STATE OF NEW YORK No. 01-V06105050 6tttillf;et9 In Suffolk County ';Eih,:olo,n Expires February 28, 2008 113,7/ , OX! • ' pkV '‘\-).1° ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT / OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- (A3 - OS - 02. X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, /I avo residing at 2322 vat^ 6-r ' `-16142/L\'-am y c Z 3 - , New York, being duly sworn, depose and say that: On the iZ+ti day of J -^�/ , 2oa6 , 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 place for seven days prior to that date of the subject hearing date, which hearing date was shown to be //16/2ccZ 6 (Signature) Sworn to before me this ier` day of T<14.10:iy , 2006 • Matthew D. !vans — Notary Public of New York No. 011V6053859 (Notary Public) Qualified in Suffolk County Commission Expires January 22, 2067 *near the entrance or driveway entrance of my property, as the area most visible to passersby. S Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President January 11,2006 Ruth D. Oliva Southold Zoning Board of Appeals Town Hall P.O. Box 1179 Southold,NY 11971 Re: MILOT Property Situate: 4185 Camp Mineola Road,Mattituck Town of Southold,NY SCTM# 1000-123-053-021.002 Dear Ms. Oliva, Enclosed herewith is the original Affidavit of Mailings signed and notarized January 11, 2006, for the property referenced above. A copy of the certified mail receipts referencing the County Tax Map Numbers for the adjacent parcels, along with the originals is also enclosed. Kindly review the enclosed item and should you have any questions and/or comments regarding same,please feel free to contact this office at any time. Thank you for your attention. Very truly yours, S awn M. Barron w/encl. cc: P. Milot 01/06/2096 12:26 6317659064 ZBA PAGE 04 ' a • . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK _ X In the Matter of the Application of AFFIDAVIT (4i10t OF Mn_rLlrrt;s I Tame of Applicants) CTM Parcel #1000- I 2:7, -05 -®Z 16 CO2_ X COUNTY OF SUFFOLK) STATE OF NEW YORK) �� LJha dw ► l cry^ residing at 5� ck�, -v,v�ror,wlev C.oAc.IA\,% f o (1,0)((1,0)(2 D3 , V1 , New York,being duly sworn,depose and say that: 1 On the \ t day of Jowv\.r 1 -OO-( , I personally mailed at the United States Post Office inc- e avA o" ,Ne York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true co y of t e attached Legal Notice in prepaid envelopes addressed to current own rs shown on the current assessment roll verified•from the official records on file with theAssessors,or( )County Real Property Office_ for eve ry property 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 (t-ta, day of -s,. , va�v�200 Notary'Matthew c of New Yoik No. 01IV6053859 (Notary Public) Commission Expird in es Suffolk January 2007 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the _ -ew-ner-rrrttnes'artd-addncsses-fur which it were-iia'19EirTMi your =-: W ' 41. Adjacent Property Owners for Milot 1000-123-05-026 1000-123-05-25 Ellen Rieger 65 Arbutus Road Greenlawn,NY 11740-1127 1000-123-05-27 Georgene Bozzo Box 650 Mattituck,NY 11952 1000-123-05-21.2 Raymond&Marie José Villanueva 86-51 Palerno Street Holliswood,NY 11423 Postal0 ServiceTM , .., m CERTIFIED MAILTM RECEIPT. p (Domestic Mail Only,No Insurance Coverage.Provided) y,'' m ` For delivery information visit our website at www usps.corn® skt.srr ; Er 664LATiNNY1111 40x11 1s L. U S t Ln p Postage $ 0.39 UNIT� 9 Certified Fee 1-9 '�.�� p 2.40 p R turn Receipt Fee (0\0,�tC/$ tark (Endo gement Required) 1.85 re , CD p Restncted DeINe Fee C . fp ' m (Endorsement Required) ^� Y�`• D0 ,uJp Total Postage&Fees 4•G411 �` f> i ;Ln , p Sent To alleh 'Ze e.r. lti Street,Apt.No.; or PO Box No GS p\cAr35 City,State,ZIP+4 + Greetnitrwv\ N ll3L{Q 1 Z i 'PS Form 3800,'June 2002 y h ''je %. `?r# t7?ai' z .� See Reverefor Instruct� wms_ I U SS.Postal ServIceTM s, - f'. CERTIFIED MAILTM RECEIPT p ,_(Domestic Mail Only;No Insurance Coverage Provided); For delivery information visit o_ur,website,at-www:usps.com® t�,+ yr., Er cg .g.: Ln Ht I% NY 114238 \ _ U C IF p Postage $ 0.39 !1tlITA03�,y 1-1 Certified Fee 1"/"Z(...."'"."---)/, . p 2.40. C../ ='��1 p Return Receipt Fee c) ostm 1 (Endorsement Required) 1. rAHere 1 p Restricted Delivery Fee d` r� I ( f Q, (Endorsement Required) C �f7S0 `" l m tJ CI Total Postage&Fees $ 4.64 01/11/06------S " 1 rziu7 Sent To Ir... Street, ptNo.;. or PO ox No. C—51 paler SScee-k City,State,ZIP+4 oli i Swoc:4 NY it Li 23 j +.S.Form 3800 Ju ie 2002' sir rr r, tructI.a, .. - 3.90,:Ape k 'T ? ,a 5.7 `) 7771 US Postal.ServicelM a 'CERTIFIED MAILTM RECEIPT p (Domestic Mail Only,,No Insurance Coverage Provided) eta m For delivery information visit our webstte,,.at www usps com®,�,,.,, rr MATTITUCK,J NY 111952.1 ; Ln a Postage $ 0.39 UNIT ID: A 0932 I1-9 Certified Fee T�� p `G` ostm � I porseme( ndt R quipedj 1.85 He j`�, p Restricted Delivery Fee C • 1 pn ^ (Endorsement Required) fr. • �oU6 ni p Total Postage&Fees $ 4.64 01 1Ln / i m Sent To p cce,o v �JoZZQ IN otret,Apt No )V ,� 6�� P or Pe Box No 1 1 ' \ 1p, City,State,ZIP+4 4, uc� 1VY Let,)2 P,..„.ormi3800 June 2002 �;; , r `�`.KVO ,t See,Reverse`for;lristruciio s _ , / • I. V 1 I V OFFICE OF I ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road,P.O. Box 1179 Office Location: Town Annex,NFB Building at Youngs &Main Road Southold, NY 1197-0959 Email: Linda.Kowalski aC�.Town.Southold.nv.us http:/lsoutholdtown.northfork.net (631) 765-1809(ext.5011 at start of recording) fax(631) 765-9064 (.1,7„y 53.2,57 9F) , , REPLY FORM DATE: 41/4/6 5 TO: .¢,� a- (7.19-/ka-e Lei . C1 �1. e_z, & �vtyq Piero. ZB Ref# ,ti 7 6 S - ' 5 LL* Date of Building Inspector's NoticO0of Disapproval: q/d,p/,j yt _ - ,<2_0_,246 a ck ✓ate-- N-) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: / • r 511 I J�/7 P� 9 (IA Please furnish seven (7) sets of the following (within aboutdays i possible in ord9that the application can be advertised for the public hearing calendar date of: c 2.�c .- �). The advertising deadline is 22 days before the meeting date. You may fo and the information by fax at 765-9064,however,please send the original and six sets by mail or by hand. Thank you. K ( ) The map submitted does not match 1t139information on the Building inspector's Notice of Disapproval. Please submit thegriert lmer�fs crated' 7 c directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a 4 cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (1.—)---Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): ( )?4 Filing fee$ (obQ Check amount was: $/S :Please contact our office(or send nowcheck). ( ) Available survey showing existing property/building details,with licensed surveyor information. (,)(") Architectural map or u atpd s Iry v showing dimensions o existing and proposed�i new construction areas, a backs to property linesnd building lot coverage ca c M--Rough diagram or sketch with building height(#of stories and distancfrom ground to top/ridg 7 detail(and mean height, if known); : , - - - _ - _ _ - . ' - - . _ . . . . • _ . ( ) Letter confirming status and date of review by other involved agencies for presubmission comments,or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copieso/ of deeds dating back to creation of original� lotolines for this property. (V.) 7 }'�`-`�`'t j ` cj ' --/.0 n.,.P ? oL�a A- 90-a '� 412-fly ,� ! �i�Thank you. CQ,,rti ci.,„LoL ioC./ e , i l � _ /CP/) a-��-a f_ 2 . to-)4---1-ya—L� L 40 N OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building at Youngs & Main Road Southold, NY 1197-0959 Email: Linda.Kowalski a�Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809(ext. 5011 at start of recording) fax(631) 765-9064 REPLY FORM DATE: 61/416C TO: 44 Ali i-X r- [��;✓tea.D,Lc 4,9 . -n G dam; •'e/�zJ. ZB Ref# 5 7 6 5 - `71).A4-417 �Lu'- Date of Building Inspector's Notice'of Disapproval: c9/�,p/0 _ / .4..�„J,1- ,o,aha ck 142,4-- el-) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the (. following: / i 0,1 .y)1,te=i-i/ c/ er-it-Jy_12.4-11 (IA Please furnish seven (7) sets of the following (within aboutays if possible in order that the P/4) application can be advertised for the public hearing calendar date of: o2 Act-- ). The advertising deadline is 22 days before the meeting date. You may fo and the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match 1139 information on the Building Inspector's Notice of Disapproval. Please submit theamerxkime pp r�t�s ated da`7f directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): # ' 50. 4 ( ' Filing fee$ (Dina Check amount was: $/.S � b _new contact our office(or send_necheck). ( ) Available survey showing existing property/building details,with licensed surveyor information. (Al Architectural map or uffdatPd survey showing dimensions o existing and proposeDid new construction areas, a backs to property linesnd building lot coverage ca cu . (V)—Rough diagram or sketch with building height(#of stories and distanc from ground to top/ridge) detail (and mean height, if known); .. . -- - _ - - . _ - - - . , . , - ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. • ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-230-4), and copies of deeds dating back to creation of original lot lines for this property. (A 7 P-, - -, ( .i .. or 7_4„, ,,e Thank you. c,ULin /d' 4-72-Sly 't-Lo Gin ) 0_44_4_ a--7c-0--,�oC12-� e_e of, I - - / - Com - /dc2/J d ,-,.�- d ,74- ) _ yam, TRUCTIONS FOR VARIANCE AP CATIONS SOUTHOLD TOWN BOARD OF ALS Phone: (631) 765-1809 Fax: (631) 765-9064 Please submit seven (7), collated sets with ORIGINAL FORMS, WITH SIGNATURES, on top with check: *NOTICE OF DISAPPROVAL: from the Building Inspector dated ithin the last 60 da together with copies of your entire submission to p Building Department (permit application, letters, etc.). � -w a- - 2r Li ( cie ) *APPLICATION: Typed or neatly written, signed by the property owner or representative and notarized. If you have a representative, please furnish a signed consent form stating he/she is authorized to sign and submit this application. *NEW SURV = • • - • ' - ord attached to architect's site •Ian: Surveyor must sholOproposed and existing setbacks, ;atios/driveways, wetland buffers, high bank or R bluff, square ootage and dimensions of o , dimensions of new construction, fences, tanks, overhangs, chimneys, cesspool locations, etc. (If your project involves total lot coverage exceeding 20% of the total area of the lot, surveyor must calculate square footage breakdown of all building areas.) Please give linear footage between new proposed construction and nearest wetland, bulkhead, top of the bank or bluff, and overhangs exceeding 18". *BUILDING ELEVATION DIAGRAMS with design details showin• height from ground to top roof rid e mean height, new construction and step areas. (Photoco:'- • I - - ., roug sketches are also accepted by ZB.) � c ue 15 ta.o ?) *F!A + )r STAk outside corners of new construction areas for viewing; please provide even (7) photos, I e • • o 'dentify areas of new construction or changes after it has been a e . Photos y' show the yard area under consideration: for example, distance between top of bluff and the staked area for new construction).(?-, VF,d ,n *ENVIRONMENTAL ASSESSMENT FORM: Necessary ONLY if your project is other than a setback, lot size, or dimensional variance. *TOWN PROPERTY CARD photocopies (Assessors Office,Town Hall,765-1937). *CHECK payable to "SOUTHOLD TOWN CLERK." (A copy of the code fee schedule is attached for reference.) After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date, place and time of the hearing, and provide a letter with the Town's Legal Notice, a yellow sign for your posting, an area map showing the surrounding lots (circled) that will require certified mail notice from you, and Affidavit forms for your use. Please note: (A) changes after submitting the above must be described in writing to the Board of Appeals with copies of map changes. Changes may also require review by the Building Department, or an amended Notice of Disapproval, after you submit the changes to the Building Department for review. If you are not sure, please contact the Appeals Office staff at 765-1809, or contact the Building Department's Plan Reviewer at 765-1802; (B) a copy of your application form, appealing a Notice of Disapproval, is necessary to be mailed or delivered to the Building Department under New York Town Law. Please keep copies of this proof for your records. Thank you. ZB 10/04 fe M NiTkE uFHEARiN G "he following application will be heard by the Southold Town Board of Appeals at Town . Hall, 53095 Main Road, Southold: . 'AME : MILOT, P . #5705 lAP # : 123-5-26 APPEAL : Variance-Setbacks FEQUEST: 2nd Story Addn . to Accy Garage DATE : THURS . , JAN . 26 , 10 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 'ONING BOARD -TOWN OF SOUTHOLD 765- 1809 I.. 4 .i 00. : - ` it '+ ')':-_i., -_ : . , . 'Town of Southold 2B-A . '1r� �, • pp: Name O Tax,Map . : O File No., O= II SEQtta €;` O A ,., �• y'£' : Board Member Ruth Oliva (GG absent) : ❑-Unliste. _ Search E OtherHearing,Time: 3:56:59 PN - . File,Number:)5705 [ I Tax Map:,123.-5-26 • .. O5 .. App.;Name: JMILOT, PHILIP I Received bate: I 4/8/05]Tot..Fees:'J' $6p0.00':1 Hamlet Mattituck Type: Residential Zone: R-40 11Date forwarded to Town Clerk °: 4/8/051 Status: Deliberations &FinaltAction: Denied ,I, ' Meeting Dates . . .i-,,- Building Dept , Location: )4185 Camp Mineola Rd. i Meeting,Date ND Date 1 9/28/04 . Date 1. 1/26/06 ND Date °'' Short° Second-story addition to accessory garage with Hearing 2 11/14/05 . .; i,Desc ; increase in degree of nonconformity when located ' :Hearing.Date 2. ND Date„3111/21/05 . .:.,. COPY= . at less than 35 ft. from front yd. . ' t Hearing Date.3I ND Date 4 ,. 1 r Hearing Date 4 ND Date,-5 i -. ,11//21 received from BDept corrected amND ref. - . _ - Notes front&side; $450 fee pd 11/29 &amended appeal; -.Hearing'Date 5: ( 'ND Date 6) i',I, - also see 11/21/05amND. .. ... --,. Action Date: 2/2/061 ND Date'7 2/7/06 ` ' 1 ':11:49`AM CAPS NUM - Developed by the Southold'Town Data_Processing Department ---i_ 11-;;;4,\ A _�- �"�._ J ti--4-7# a_tin4 __..__ Town of out=hold ZBA ...Name Q.Tax Map -CO File I-d Appt Y�. � sEQit� ' •�� P~Board Member Gerard P. Goehringer�^v !I .R�� II FD Unliste- : I < , - Search: i. ' Q Other k ng Time,irrie: .13 l`,t=ile Number: 5705 Tax-Map: 123.-5-26 i . App. Name MILOT PHILIP • Received.Date:. 4/8/05 k Tot, Fees $600.00,1' Hamlet JMattituckE Type: Residential li'Zone: R-40 `j�' Date forwarded to.Town Clerk 4/8/05 I Status: New "1 Action.. H ,Meeting_'Dates- - a Building;Dept. Location: :4185 Camp Mineola Rd. i , Meeting; Date . 1 ND Date 1 9/28/041 - - I Short _ -.. Wim_. ., ., -n _.,,_._... .-� . Hearing Date 1 1/26/06ii TND Date.2 11/14/05f 1 Second-story addition to accessory garage with i Des-c.,: increase in degree of nonconformity when located ` '-HHearing Date 2, —'.ND Date 3-11-1/2 /04 1 1 Co?y'-.2C ' at less than 35 ft. from front yd. 1 t - , Hearing Date 3 , ND Date°4 _ :- ��— —w _ ,-Hearing Da,4 _ _1 ND° Deto 51-1, _ ' , 11//21 received from BDept corrected amND ref. t }; front&side; $450 feepd 11/29 &amended appeal; Hearing'Date.S: `ND Date 61"."--1,,- 'Notes--' PP , . also see 11/21/05amND. i 'r€ I.I- Action'Date: _. `ND Date-7 [E.172-9707—, n 1 - -Developed 6ythe Southold Town Data Processing Department,• OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.ny.us Jayne.MartinaTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: DATE: H / 30 /05 RE: / /05 Agenda Item - 6-10 f MESSAGE: ( ) Correspondence or ( ) document attached related to the above for yourinformation 0.4 c�� OBJ .„1,9 9 a,„_„,,c_a. Ai• tik. /1.a, AA. • , �vs"v-- Q/ ' 1144—`Y :, Thank you. Pages attached: O M ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11 /29/05 RECEIVED ZBA# NAME CHECK# AMOUNT TC DATE STAMP MILOT, PHILIP (Suffolk NOV 3 0 2005 5705 Environmental) Additional 8019 $450.00 fee due Southold Town Clerk TOTAL $450.00 Thank you. Town Of Southold IAP.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/30/05 Receipt#: 8019 Transaction(s): Reference Subtotal 1 1 Application Fees 5705a $450.00 Check#: 8019 Total Paid: $450.00 T Y 1 Name: Milot, Philip 4185 Camp Mineola Road Mattituck, NY 11952 Clerk ID: BONNIED Internal ID 5705a