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Home My WebLink About5907 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTttOLD Tel. (631) 76S-1509 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 RECEIVED ZB File No. 5907 - Jennifer B. Gould Property Location: 1820 Truman's Path, East Marion CTM 31-13-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 7,410 square feet and is improved with a single-family dwelling and accessory building, as shown on the survey prepared March 30, 2005 by John C. Ehlers. BASIS OF APPLICATION: Building Inspector's April 27, 2005 Notice of Disapproval, based on Zoning Code Sections 100-242A and 100-244, based on ZBA Interpretation No. 5039 (R. Walz Application), for the reason that the proposed additions and alterations will increase the degree of non-conformance when located less than 10 feet on a single side yard and less than 25 feet for total side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 27, 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 wishes to construct a 325+/- square foot addition, shown on the site map amended March 31, 2006 by John C. Ehlers, and architectural diagrams A-01, A-02, A-03, prepared 3/25/06 by Hideaki Ariizumi, R. A. 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed renovation is a one story landward extension to the existing dwelling, which will result in a net increase in lot coverage of 115 square · Page 2 - August 17, 2006 g ZB File No. 5907 - Jennifer B Gould- CTM Ne. 31-13-3 feet or 1.56%. The purpose of the addition is to update and reconfigure the existing kitchen, bedroom, bathroom and entryway to provide adequate first floor living quarters for the aging owners of the property. The design of the renovation seeks to maintain the character of the existing residence. The completed renovation will be consistent in size and character with the majority of dwellings in the neighborhood; and therefore, will not negatively impact the adjacent neighbors or the surrounding area. 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: there is no reasonable alternative to the present proposal, due to narrow lot size (40 feet at its widest) and location of the pre-existing non- conforming dwelling, originally constructed approximately 70 years ago. A code conforming renovation would require the construction of a "railroad car" addition running the length of the property and would necessitate the relocation of the accessory building and the entire septic system at the premises. Such an addition would be unattractive and out of character with the neighborhood. 3. The amount of relief requested is not substantial because: the proposed project will result in a net increase in lot coverage of 115 sq. ft. or 1.56% after removal of existing stoop deck entry way and cellar entrance to partial basement. The total lot coverage will be 1,356 square feet or 18.33%, which conforms to present code requirements and is also consistent with the lot coverage of the majority of the dwellings in the surrounding area. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the scope of the renovation is in scale with the existing dwelling. Although the addition will enlarge the present footprint by 115 square feet, the renovation is a reconfiguration of an existing kitchen, bedroom and bathroom, which will not impact the environment. In addition, the proposed renovation will not interfere or block the scenic or visual access of adjacent neighbors. The subject property is already suitably landscaped and provides privacy to the owners and their immediate neighbors. 5. This is the minimum 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. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, as shown on the site map amended March 31, 2006 by John C. Ehlers, and architectural diagrams A-01, A-02, A-03, prepared 3/25/06 by Hideaki Ariizumi, R. A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an Page 3- August 17, 2006 ~ ZB File No. 5907 - Jennifer B Gould CTM No. 31-13-3 alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This Res°luti°n was duly ad°pted (5-0)' ~,~.~-- ~.~, ~ Ruth D. Oliva 9/t.~'/06 Approved for Filing ~ITUATE, ~,.ST MARION TOi,~IN, ~9UTI-IOLD 54,T';-, OLK ~, ICl' E~3~VE~15~ 0D-~0-2005 TOPO A~E;E~ 01-2~-200~ F~.OPOE~_~ ACTION~ 0~-21-2006 E~JPPOLt< CIDUNTY TAX # I000-~1-1:~-~ · ,-~, B. (~1 N ? A~E~ITIOiq CFI I AP. I_~NT'I~NCE 2"/ ~ PT EXlSTIN6 TOTAL 1~-4~ ~ FT OP. 16.'~-/9~ EXISTIN5 HOLISE -/4q 561 FT EXI~TIN~ ~ARA6E 25~ 561 FT EXISTIN6 DECK 31 56l ET PP. OPOSE~ A[::~ITION ~25 ~ FT TOTAL EXI~I1-N~ AN~ I::IROP~ 1~5~ ~ Fl' OP. I~.~ NOTES: ZONE A~ 5HOI, NN ON ~5MA FLOOD' MAP NUM~51~. ~610~,OO64 ~ ~, ,~C, TV~ I~ATE MAY 4, Iqq~ I I/2 5TORY FRAME HOUSE ROOF ~ AT 20.,.5' AE~:)VE AVIEt~.A~E ELEVATIONS EEFEEENCENSVD'2q C,.E.H.L A~ ANNOTATES~ FROH OOA~TAL AREA HAZARD MAP, TOINN OF 50UTHOLD' PHOTO No. 44~-6,40-~,S E.~|~[T 2~,-O OF 4q AREA = -/,410 ~.t=. or O.I-/ ACRE ~RAPHIC c~,ALE I"= 20' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\CompaqsexverXpros~05~05-14'A05-147.pro OF: 50UTHOLO N ADOITION LOT C4~vI~A~E TABLE EXISTIN5 HOgSE ~4~ 5~ FT ~AR~-E 25~ ~ ~r EXI~ITN~ DE~K I~ E~ FT EXISTIN~ DECK ~1 5G FT CFI ! Al~ EN~E 2-/ ~ ~ EXISTIN~ TOTAL 1,24'~ Ex~ FT OR 16.'T"/~ 15XlS11NO I-tOI. BE 14q ~ F F-..XlSTINO oAI~AC~E 2.~zt ~ FT EX1511N~ PECK ~1 5d~ FT ~O~J~[~ AI~I~ITION ~25 ~ PT TOTAl.. EXISITN~ AND F~OPOSED NIOI~bII'~NT FOUND FLOOD' ZONE A5 5/dOl,~ ON F-ENIA FLOOD HAP ~ ~:HO~.O0~4 ~ ErrEc.1-VE DATE HAY 4, I I/2 5TOffY ~ ~ F;~.OOF F~_AK AT 20~' ABOVE AVERAGE ~RADE PI .PVATION5 ~.:L.J ;...'~,-~-NGE N~VP'2q GJE.HJ_. AS ANNOTATED FROH COASTAL AREA HAZARD MAP, TOHN OF 5oLrrHOLD PHOTO No. 4~5-~40-~ ~i~1 2~-O OF 4~ AREA = ~,410 5.F. or O.1~ ACRE ~t::~PHIC, .E:,C, ALE I"= 20' EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaq~s~0~05-147~05-147.pro Il (~ EXISTING EAST ELEVATION OF MAIN HOUSE AND GARAGE EXISTING ROOF PROPOSED NEW ROOF AND PERGOLA ---- ~ I J WINDOW EXISTING BUILDING ADDITION ~-~EXISTING ROOF ON GARAGE ' ; EXISTING GARAGE GOULD/WILLIAMS RESIDENCE SITE: 1820 (1825) TRUMAN'S PATH EAST MARION, NY 11939 e-mail: lawJ b(j~ao~.c~m EXISTING AND PROPOSED EAST ELEVATIONS scale; )PROPOSED EAST ELEVATION A-01 ~ v GOULD/WILLIAMS RESIDENCE ~ EXISTING NORTH ELEVATION OF MAIN HOUSE I lIGHT SHORTENED WINDOW , USE EXISTING HEADER · FILL BELOW AND PATCH r'XISTING SHINGLED WALL BE...D ~ ~ ~:~_ I~ BEDROOM , '~ u~=.; ,. ~.~ NEW DOORs -- - ~,o RECEIVED ~- __ MAY 1 '/ 2006 ~- ~ ' ' ~' EXISTING AND ~- I I -I ZONING BOARD OF APPEAL.~ NORTH ELEVATIONS (~ PROPOSED NORTH ELEVATION, SECTION THROUGH NEW ENTRY PORCH (~) PROPOSED NORTH ELEVATION SHOWING NORTH OF EXISTING GARAGE ^-02 GOULD/WILLIAMS ~ ~ RESIDENCE I (~ ~x.s~,.~ ~V.T ~.~v^~,o. o~ ~^,..ous~^.~ ~^c.~ ~^~ i~ PROPOSED NEW ROOF ¥' / RECEIVED MAY 1 ? 2006 -- ZONING BOARD OF APPEALS ' EXISTING AND EXISTING GARAGE ~ '~ ADDITION > ,~ EXISTING BUILDING :' PROPOSED WEST ELEVATIONS (~ PROPOSED WEST ELEVATION A-03 #7954 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 week(s), successively, commencing on the 6TM day of July , 2006. Principal Clerk / to before me this ('~ day of Sworn 2006 LINSKI NO?ARy PUBLIC-STATE OF NEW YORK No, 01 -V06105050 ~l~lil~l la ~lolk Co~/,3ty LEGAL NOTICE SOUTHOLD TOWN ZON~qG BOARD OF APPEALS IIiURSDAY, JULY 27,2006 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearin~ will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on IltURSDAY, IlJLy r/, 2606: 9:.40 A.M. JOSEPH GONZALES #$917. i Request for a Variance under Section 280-242A (formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning a proposed addition and alterations, which will constitute an increase hi the degree of nonconfonmmce when located less than 35 feet from the front yard lot line (re£ ZBA Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet hi size). Location of Property:. 2700 Ole Jule Lane, Mattituck; CTM 1224-14, 9:45 A.~ SCOTT and WENDy AL. BRECHT #5923 - Request for a Vari- ance under Section 280-33 (formerly 100-33), based on the Building Inspec- tor's May 17,2006 Notice of Disapproval fo[ a b~ilding permit for a new in-ground swlrnmmg pool hi a yard other than the required rear yard, at 5665 Main Road, Laurel; CTM 125-1-15.1. 9~5 A.M. JOHN MAZUR, JR. and ALICE MAZUR ~909. Request for Variances under Seedons 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Buildin~ Inspector's April 3, 2006 Notice of Disapproval, mended May 18, 2006, stating that the new construc- tion will increase the degree of noncon- formance when located with a front yard setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limitation of 20%, at 3200 Camp Mineola Road, Matlituck; CTM 123-5-36.2. 10:05 A.M. JENNIFER B. GOULD #5907. Request for Variances under Sections 280.242A (referring to Inter- pretetlon under Walz Appeal No. 5039) and 280.244, based on the Building Inspector's April 27, 2006 Notice of Dis- approval concerning proposed additions and alterations to the existing dwelling. The reasons stated hi the Notice of Dis- approval are that the new construction will constitute an increase in the degree of nonconformancer when located less than 10 feet on a single side yard and less than 25 feet for the total combined side yards, at 1825 Tntman's Path, East Marion; CTM 31-13-3. 10:15 AaM. BARBARA TI-IERMOS #5910. Request for a Variance under Section 280-32, based on the Building Inspector's May 18, 2006 Notice of Dis- approval concerning a proposed dwell- ing with a number of stories above the code limitation of 2-1/2 stories, at 355 Sound Beach Drive, Mathtuck; CfM 10:25 A.M. ROBERT and BETTY FOX #5911. Request for a Variance under Section 280.30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed ad- ditions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line, at 940 Lan- relwood Drive, Laureh CFM 127-7-8. 10:35 A.M. PAMELA S~I1TH (a/k/a Pamela Katzer) #5913. Request for a Variance under Section 280-244, based on the Building Inspector's May 11, 2006 Notice of Disapproval concerning an as- built deck at less than 35 feet from the front yard lot fine, at 550 Dolphin Drive, Greenport; CrM 56-7-10. 10:45 A.M. JOHN RABKEVICH #5916. Request for Variances under Section 280.242A (referring to Inter- pretation under Walz Appeal No. 5039) and 2B0-2~4, based on the Budding In- spector's May 2~, 20~ Notice of Dhap- proval, amended June 6, 2006 concern- ing an addition to the existing dwelling #5766. Request for Variances under Sec- tion 280-242A (based on Interpretation under Wa~. Appeal No. 5039) and 280- :~4, based on the Building Inspector's June 13, 2005 Notice of Disapproval, amended June 16, 2006, concerning pro- posed additions and alterations to an existing dwelfing. The reasons stated for disapproving the building permit appli- cation are that the new construction will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot fine and less than 35 feet from the rear yard lot fine, at 3500 Lighthouse Road, Southold; CTM 50-2-1. 11:15 A.M. STEPItEN MATrEINI and STENDA REALTY, LLC #5918. Request for a Variance under Section 280-32 (formerly 100-32), based on the Buihihig Inspector's April 12, 2006 No- tice of Disapproval concerning a pro- posed open, roofed-over front ent~ ad- dilion which will be le~s than the code- required 35 feet from the front yard lot fine, at 1060 W-dlow Terrace Lane, Ori- ent; CTM 26-2-22. 1:00 EM. BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD - ZBA #5914. Request for Town-Wide Interpretation of Zoning Code Section 280-241 (formerly 100-241) regarding the following question: Where a legal nonconforming, preexisting dock/ma- rina use is issued a wetlands permit that requires docks to be relocated hi the same general area and reduced both hi size and number, would compliance with those conditions cause the docks/marina to lose their legal nonconforming status under Section 100-2417 The Board of Appeals will hear all ~ersons, or their representatives, desir- ing to be heard at each heating, and/or desiring to submit written statements before the C°nclusion of each hearing. Each hearing will not start earlier than designated above. Hies are available for review during rng~ar buxineas hours and prior to the day of the hearing. If you have que~ions, please do not hexitate to contact our office at (631) 765-1809, or by emalE Linda. Kowalski@Town,South. old.ny, us. Dated: June 29, 2006. RUTH D. OLIVA, CHAIRWOMAN'~r By Lhide Kowalski 7954-1T 7/6 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 27, 2006 TO: Jennifer B. Gould PO Box 177 Greenport, NY 11944 Please take notice that your application dated April 26, 2006 For permit for additions and alterations to an existing single family dwelling at Location of property 1825 Truman's Path, East Mm/on, NY County Tax Map No. 1000 - Section 31 Block 13 Lot3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7,410 square foot lot, in the R-40 District, is not permitted pursuant to Article XX1V Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single-family dwelling has a single side yard setback of+/- 5 feet and a total side yard setback or +/- 17 feet. The proposed additions and alterations, note a single side yard setback of+/- 6 feet and a total side yard setback of+/- 18 feet. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance because Article XXIV, Section 100-244 states that such parcels require a minimum single side yard setback of 10 feet and a total side yard setback of 25 feet. ~er CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICATION TO THE SOUTI:IOLD TOWN BOAR]) OF APPEALS Fee: $ Office Notes: Filed By: Date Assigned/^ssignment No. ~J-- 907 Parcel Location: House No. 1825. Street Truman's Path Hamlet E t~on SCThI1000Seetion 31 Block 13Lot~s) 3 LotSizeT:,~la Zone District R-40 sq. ft. I (V, rE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: April 27, 2996 Applicant/Owner(s): Jennifer B. Gould Mailing Po Box 177, Greenport, NY 11944 Address: Telephone: 631 -477-8607 NOTE: If applicant is .et the ~wner, state if applicant is owner's attorney, agent, architect, build/e~-, contract vendee, etc. Authorized Representative: Eric J. Bressler, Esq. Wickham, Bressler, Gordon& Geasa, PC Address: PO Box 1424: Ma~k: NY 11952 Telephone: 621 -~q~l-~q 2 g ~ Please specify who you wish correspondence to be mailed to, frotn the above listed names: ~ Applicant/Owner(s) [2 Authorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ 2006 FOR: l~xBuiiding Permit - [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Constructit'n [] 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 A 8, Section 100-244 Type of Appeal. Aa Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. {2 A Variance dueto lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has~x has not been made with respect to this property UNDER Appeal No..... Year Factual Background and Basis for Appeal Tmman's Path is a private right-of-way of predominately single-family dwellings located in an R-40 Residential District. It is a neighborhood of non-conforming parcels, where the shape of the long and narrow lots limits the size of most dwellings. The subject parcel was created on or before 1925 and consists of 7,410 square feet. It is the narrowest lot along Truman's Path, being 40 feet at its widest. A 1.5 story dwelling and single story accessory building knprove the premises, both of which predate the Southold Town Zoning Code. The existing dwelling has a single side yard setback of+/- 5 feet and a combined side yard setback of+/- 17 feet. The proposed single story addition is an extension to the dwelling with a single side yard setback of+/- 6 feet and a combined side yard setback of +/- 18 feet. The current lot coverage is 1,243 square feet or 16.77 %. The proposed lot coverage is 1,358 square feet or 18.33 %; a net increase of 115 square feet, or 1.56 %. On April 17, 2006, Southold's LWRP Coordinator, determined that the proposed project was CONSISTENT with LWRP Policy Standards and is therefore CONSISTENT with the LWRP. On April 19, 2006, The Southold Town Trustees approved the proposed renovation and issued Permit No. 6335A. On April 27, 2006, Southold's Building Department disapproved the applicant's permit for additions and alterations, pursuant to the Board of Appeals' interpretation in Walz (Appeal # 5309), citing Article XXIV Section 100-242 Subsection A and Section 100-244 of the Southold Town Zoning Code. Applicant requests a variance from the Board approving the single story addition to the existing dwelling with proposed side yard of+/- 6 feet and combined side yards of +/- 18 feet, which are more conforming than the existing dwelling. Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the proposed renovation is a one story landward extension to the existing dwelling, which will result in a net increase in lot coverage of 115 square feet or 1.56 %. The purpose of the addition is to update and reconfigure the existing kitchen, bedroom, bathroom and entryway to provide adequate first floor living quarters for the aging owners of the property. The design of the renovation seeks to maintain the character of the existing residence. The completed renovation will be consistent in size and character with the majority of dwellings in the neighborhood; and therefore, will not negatively impact the adjacent neighbors or the surrounding area~ See three-dimensional computer drawing of proposed dwelling, along with existing & proposed elevations prepared by studio a/b architects, attached hereto and incorporated by reference. 2 (3) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: there is no reasonable alternative to the present proposal, due to the narrow lot size (40 feet at its widest) and location of the pre-existing non-conforming dwelling, originally constructed approximately 70 years ago. A code conforming renovation would require the construction of a "raikoad car" addition running the length of the property and would necessitate the relocation of the accessory building and the entire septic system at the premises. Such an addition would be unattractive and out of character with the neighborhood. The amount of relief requested is not substantial because: the proposed project will result in a net increase in lot coverage of 115 sq. R. or 1.56 %, a_~er removal of existing stoop deck entry way and cellar entrance to partial basement. The total lot coverage will be 1,356 square feet or 18.33 %, which conforms to present code requirements and is also consistent with the lot coverage of the majority of the dwellings in the surrounding area. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the scope of the renovation is in scale with the existing dwelling. Although the addition will enlarge the present footprint by 115 square feet, the renovation is a reconfiguration of an existing kitchen, bedroom and bathroom, which will not impact the environment. In addition, the proposed renovation will not interfere or block the scenic or visual access of adjacent neighbors. The subject property is akeady suitably landscaped and provides privacy to the owners and their immediate neighbors. (5) Has the variance been self-created? ( ) Yes, or (x) No. If not, is the construction existing, as built? ( ) Yes, or (x) No. The non-conforming lot was created on or before 1925, and the footprint of the existing dwelling is approximately 70 years old. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as necessary) This is the MINIMUM 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. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS.. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Sig~ture of Appellant or .~uthorized Agent / (A[~ent must submit Authorization from Owner) Sworn to before me this ~.~y.~f~ May ,~ ,20~.;~'~ "--..~tar~ ?ubli~ JOSEPH L~ TOWNSEND JR. V Notary Public, State of New Qual. Suffolk County No. ~ Commission Expires Feb. 38, 30 APPLICANT'S PROJECT DESCRIPTION (For ZBA Keference) Applicant: Jennifer B. Gould Date Prepared: May /&'t~2006 I. For Demolition of Existing Building Areas Please describe areas being removed: s~.~'inn~ n~ rtmo-a~nw-lr~ ~a~ll~-~my, s~-,'~p t~_~t-qe a_t rear entrance to dwelling (183 square feet) and cellar entrance to partial h~ne. Mt (27 square feet) II. New Construction Areas (New Dwelling or Ni~w Additions/Extensions): Dimensions of first floor extension: 325 .q~_ ,~ro Dimensions of new second floor, n/a Dimensions of floor above second level:n/a Height (from finished ground to top of ridge): 13 f~t- q q nt-h,~ _ ~,~= ,~l,~r~-~,-,,,S =_tt=_chcd Is basement or lowest floor area bemg constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no basement~ but- lowo_~t- flr-~r will he 15 inches above grade like existing dwelling. New construction will be crawl" space over rat slab. I~. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of FIoors and General Characteristics BEFORE Alterations: 1.5 stories-livina reran, ldt-chen, bathroom, bedroom and narrow entrance with washer/dryer on 1 st,' floor. Second floor consists of 2 bedrooms, hallway wlt~ linen closet and small bath with shower only. Number 0fFloors and Changes WI'I'f{ Altera~0ns: No change -1.5 stories. 1 st floor is red,sign of existing kitchen, bedroom, bathroom and entry way plus addition of closets. No change to zno zloor except for relocation of window (1) to accomodate new roof ridge. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your propenT: 1,243 souare f~t Proposed increase ofbuilding coverage: 115 souare fe~_t or 1 q~ tn~r~ in l~e r~,~rage Square footage of your'lot: 7t 410 square feet Percentage of coverage qf your lot by building area: pr~n~- 1 ~ oo,,er,_~e ~ a_. 77% ~ p_-~_gc__~ ! 8.33% V. Purpose of New Construction Requested: Redesign and irmrove layout of 1st floor ~t dwelling to provide adequate living quarters for aginq cwners. VI. Please describe the'land contours (flat, slope %, ete.),as exist and how it relates to the difficulty in meeting the code requirement(s): non-con~:~rrnl n? l c~- ~ ~ n~rre~na~- ~..~ ghl-v3~rhoc~ and only 40 feet at its widest. Pre-existing dw~llln? iv ?1 f~=t wl~ z ~? constructed approximately 70 y~rs aqo. A code conformina ~n%~i~on wn. ld r~3.~r~ ~ w~l-e,n,a,q car addition running the length of property and neccesitate th~ r~]c~_atlnn n{ ~oting accessory buildin~ & septic system. Such an addition would be unsightly and nut of Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of exis~ng building area to be altered (area character in of requested changes), neighborhcx:d. 7/2002; 2/2005; 1/2006 /,~,~ r~ - .~/-/,r --,T TOWN OF SOUTHOLD PROPERTY RECORD C OWNER STREET t ~ ~-~:~ VILLAGE DIST SUB. LOT FO~ER ~ER ..... ~ ~ ~fi~ ,', E / · ACR. ~ I~ C'~ S ~. W ~PEOF BUILDING RES. ~6 VL. FARM CO~. CB. MICS. Mkt. Value ~N D IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Volue Per Vdue Ac re Till~bl~ FRONTAG~ ON WATER W~land FRONTAGE ON ROAD ~Mead~l~d DEPTH ~/~ H~se PI~ BULKH~D Total ~ ~ ~ ~ D~K Lion Extension E~tension Porch Porch Breezeway 31-13-.3 1/02 Patio '-' /I · ~' 4 lb Foundation --~ ~ Basement ~'t, Wolls ~_~o~ ~ ~.0 Fire Place ~ 'T~e R~f R~r~tion R~n Dormer Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Total ~inette. DR. BR, 2.7A MAIN I~ARION LAKE MARION LAKE NOTICE ~ COUNTY OF SUFFOLK (~ I~,.~,~,o~ SOUTHOLD SECTION NO ~,.,,~,.~,..,~,~,o. I~Re~ ~operty Tax ServiceAg~y ~ o. ~' T~tWN OF SOUTHOLD B~ILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20 Approved ,20__ Disapproved a/c ~/.2. ~/~ Expiration ,20 PERMIT NO. BUILDIN~i]i~RMIT APPLICATION CHECKLIS' D~I~ have or need the following, before applying Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20Oqo a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas~ and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. , d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout'the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ignature of applicant or name, ifa corporation) _ (/](atgnamre ot apl; (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises '~9D,,~ g. ~-D. Irl..~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 149.0 o-lZla- I r:X 'Fru o ,s ioadp House Number Street County Tax Map No. 1000 Section Subdivision (Name) Hamlet Block I ~ r '"~6t ~ Filed Map No. ,'~Lot State existing use and occupancy o~anises and intended use and occupane~proposed construction: a. Existing use and occupancy '~,t~c~o--~O~d,t ctv,~olh,qc,, b. Intended use and occupancy S, ~9{~ .-f-o~,l,! ~w¢lhr3cl Nature of work (check which' applicable): New Building Repair Removal Demolition Addition Other Work Estimated Cost 5~ ~ O ~ DO0. 00 Fee Alteration (Description) If dwelling, number of dwelling units ] Number of dwelling units on each floor Ifgarage, number of cars ~la~ pt,~.~o~r-~t,~_q ",~oe~o,, i5 oco,~o,-v (To be paid on filing this application) If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions ofexistingstructures, if any: Front ~ I I Rear Height .-~D. C; ~ Number of Stories Dimensions of same structure with alterations or additions: Front Depth ..q.~. &~-' Height .2.0..~' I Dimensions of entire new construction: Front ~,~ I ~ Height 1 3.q, -1~ r,'~9~. Number of Stodes Size oflot: Front ,~q ,2~ I Rear t40~ ~ ! ' Depth ~q Rear Depth Iq . I Number of Stories Rear I oc, oc ~ I _Depth ). Date of Purchase ,~" t4 -q~' Name of Former Owner .~ounc[ ~_ebab,'t4a4, I. Zone or use dis~ in whch prmises ~e simat~ g - ~ 0 , L Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO__ ] '~id~x/Orcl .%o+loac~ ~ cocob,tvod $,'c, lx°x[OrcJ ..q~r.t:~l~ 3. Will lot be re-graded? YES NO ){ Will excess fill be removed fi:om premises? YES NO Phone No. (~% ¢. Names of Owner of premises~'enO ~ ~or & t~Oul d Address Name of Architect%-t~d ;o tx/lo r~ re b~¢~ra Addresse. o.&,,qq-oc o n*nt Phone No 6% I ' g2g" lUr2, lo Name of ContractorC3-ee I Dal-t t.t~me :~rv)otoo. Address ¢.o go~ ~q~ ~.o1~4.10o k! Phone No. &% 5 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ,X NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 5. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. rATE OF NEW YORK) SS: OUNTY OF ~tt~.~ I iL) "~t°7)/') ~e r /:2~. ~'occLed,. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ;)He is the 0 co (Contractor, Agent, Corporate Officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; at all statements contained in this application are true to the best of his knowledge and belief; and that the work will be ~wformed in the mxn_ner set forth in the application filed therewith. ~ormto before me this Not~blic MEL~NIE DOR~ NOTARY PUB LIC, ~ Nc 01D04634870 Qus~{f~d in Suffolk~ Commission ~ires Sept~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 25, 2006 SEP 2 9 Z00 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: 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) Lindermayer, Vivian 5725 Iavarone, Pat 5829 Gould, Jennifer 5907 Smith, Pamela 5913 Matteini, Stephen 5918 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christopher S. Wrede Environmental Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 (63 l J 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGt], NY 11788-0099 TELECOPIER (631) 853-4044 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 15, 2006 By Reflu ar Mail and Fax Transmission 477-2601 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: ZBA Ref. 5907 -Variance Determination (1820 Tmman's Path) Dear~ould: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its August 17, 2006 Meeting (supplementing the copy faxed earlier today). Please be sure to attach an extra copy of the enclosed variance determination for review by the Building Department at the time of submitting a building permit application with remaining documentation that may be required. Thank you. Very truly yours, Encl. Copy of Decision 9/15/06 to: Building Department owalski APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 15, 2006 By Regu ar Mail and Fax Transmission 727-3940 Ha~ey A. Arnoff, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Re: ZBA File 5907 - Variance Determination (Gould, 1820 Truman's Path) Dea~ Please find enclosed a copy of the determination rendered by the Zoning Board of Appeals at its August 17, 2006 Meeting (supplementing the copy faxed earlier today). Thank you. Very truly yours, Encl. L~nda Kowalski PLANNING BOARD MEMIIERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: April 17, 2006 Re: Request for Wetland Permit for Gould/Williams SCTM# 31213-3 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OV'FICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MAY 1 7 2006 Gould/Williams request a Wetland Permit to construct an addition on the north side of the dwelling. SCTM#31-13-3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LVOtP. Pursuant to Chapter 95, the Board of Trustees stihll consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. IGng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 6335A Date of Receipt of Application: March 24, 2006 Applicant: Jennifer Gould SCTM#: 31-13-3 Project Location: 1825 Truman's Path, East Marion Date of Resolution/Issuance: April 19, 2006 Date of Expiration: April 19, 2008 Reviewed by: Board of Trustees RECEIVErs MAY 1 7 2006 ZONING BOARD OF APP~AL~ Project Description: Construct a single-story addition to the existing dwelling; with removal of "stoop" deck and cellar entrance and all as depicted on the plans surveyed by John Ehlers revised 3/21106. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth by the Board of Trustees.. Special Conditions: Final inspection If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth by the Board of Trustees, a Wetland Permit will be required. This is not a determination from any other agency. James F. ~e-Pr,esi2 Board of Trustees · v~n of Southold LWRP CONSISTENCY ASSESSMENT FORM' A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be eva!u~ted as to its Sl ,~niflcant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detafl~ listing both suooorfing and hen ~. If an action cannot be certified as consistent with the LWRP p~olicy standards and conditions, it shall not be undertaken ~ A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 3 I ao ..3 The Application has been submitted to (check appropriate response): TownBoard ~-~ Planning Board ~-] Building Dept. [] BoardofTrustees 1. Category of Town of Southold agency action (check ~appropriate response): (a) Action undertaken directly by Town agency (e.g. capital cons~'uction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: -7 ~ [ (D ~. '~. Present land use: ~,'o~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~-tc:hOO/~r-, t~. (b) Mailing address: P.O. &Og (c) Telephone number: Area Code (d) Application number, if any:. Will the action be directly undertaken; require funding, or approval by a state or federal agency? Yes [--] No~ .Ifyes, which state or federalagency? C~ate the project to the following policies by analyzing how the project will fu~h~sugo, or~' not suppo~ the policies. Provide all proposed Best Management Pracfic~ that will fu~her each policy. Incomplete answers will require that the form be re~med for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coaStal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes ~ No R Not Applicable , c'lamaclv - -.14tc or,'6,. at aaa Attachadditionalsheets}fnecessary ~:t?tt-Cb~ 0~4 ~ ~ ctttr t' , 4 et u. olt,r ,la. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III ' Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No ~'~ Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable A-t~a~ h°ad-di~] ~n a I sheets-it' necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and e~0sion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria / ~-] Yes ~ No ~ Not Applicable A~ach additional sheets ifnecess~ Policy 5. Protect and improve water qua_lity and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No [] Not Applicable d Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through $4 for evaluation criteria. 13 Yes i--1No No,,,pp,ic.b,e Attach additional sheets if necessary '~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for aluation criteria. ev ' ' ' ~] Yes ~ No ~ NotApplicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP SectiOn HI - Policies; Pages 38 through 46 for evaluation criteria.. [] Yes~ No [] Not Applicable WORKING COAST POLICIES ~olicy 10. Protect Southold's ~r-dcpendent uses and promote of new water-dependent uses in -sfiitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~] Yes [] No ~-] Not Applicable At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LVv~P Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~'] No [] Not ~pplicable ~ ' '~ lf}~ , tl°~ ,'4 ' ' Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluatian criteria. ~ Yes [] No [--J Not Applicable DATE