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Home My WebLink About5886 ~~~,7fi itS-8S'- ~ /-IfgA Pff- J~ cJ.S:.... 0 (, to -J-.}- 0 b A wje. G/4/b/o '-.:" '&9 a N.-v" //.---- APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . 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 http://southoldtown.northfork.net , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 RECEIVED "f- 11'Qo d 1~:o7 ~1~6 '#01 .r;-"J,. SoutIJold Town e1ed FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 ZB File No. 5886 - RICHARD and KIM PERRY Property Location: 830 Clearview Road, Southold Parcel CTM 89-3-11.5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 52,682 square feet and is improved with a single-family dwelling and accessory wood shed, shown on the 07/07/2004 survey prepared by Destin G. Graf, L.S. BASIS OF APPLICATION: Zoning Code Chapter 280 (formerly Chapter 100), Sections 280-30A.3 and 280- 242 (ZBA Interpretation No. 5039 rendered 1/2/2002 in the Walz Application), based on the Building Inspector's February 6, 2006 Notice of Disapproval concerning a proposed addition. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006 and June 22, 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 applicants wish to construct a new 24' by 42' 1% story frame garage 13.3 feet from the right-of-way easement boundary, and 38.3+/- feet between the new extension and the applicant's northerly property line. The new addition will be an increase in the degree of nonconformity when located less than 50 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new proposed attached garage and second story addition are in keeping with the scale, size and character of other nearby houses. The applicant's house is set much closer to the right-of-way than the neighbor's house to the east and will therefore have no visual impact on their property. The lot to the west is wooded. There are no objections in the appeal file, and none were voiced at the final public hearing. Nine letters of support for the 'applicants' requested variance were submitted from owners of properties in the neighborhood. . - Page 2 - June 29, 2006 ZB File No. 5886 - Richard and Kim erry CTM Parcel 89.3-11.5 . 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested. The applicants' side yards are too narrow for any reasonably sized addition, and the rear yard contains a septic system and access to the basement through Bilko doors that make addition construction expensive and difficult. 3. The variance granted herein is not substantial. The new proposed attached garage addition will require a substantial variance for a front yard setback of 13.3' from the right-of-way instead of the required 50 feet. However, the actual road is another 25 feet from the property boundary so the total setback would be 38.3 feet. The applicants are the last homeowners along this small right-of-way, so there will be no impact on other users. 4. The alleged difficulty has been self-created. The applicants are choosing to construct an attached garage addition in the front yard as the most architecturally sensible and cost effective location, although there are more expensive but legally allowable options for an accessory garage in the rear yard. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The rear yard of the applicants' property fronts on wetlands off Cedar Beach. Less environmental impact will occur by locating the proposed garage addition in the front yard. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the appiicants to enjoy the benefit of an enlarged second story addition on the principal dwelling and a new 1 Yo story attached garage addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the site map prepared by the applicant and elevation diagram date stamped by the ZBA April 7, 2006. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon. (Absent was: Member Weisman.) This Resolution was duly ad~ (4-0). ~:JJl'> <S). W\~/l~ Ruth D. Oliva 7/ l5 /06 Approved for Filing . / It / ...................././'///' . ............................. ~~~..~..... . ..................................... / . . . . . ./ / WOOD 4Rt4 tD / Wo ODtD 4/;'t4 WOOD 4/;'t4 C:D / / / / / / / /WO ODtD 4/;'t4 / / / ..... ./ ............. 0/ ..' 'll\l.OI' / ~,,\~ '3"c.~ c.\..t.1' st.-<" ". :..\~G 'll "'Y t.i-'s :.. O~. \l.\G~ ". . / APR 1 7 Z006 ~~ ZONING BOARD OF APPEALS / / "'"""'E" ?.,'~. '-'~,'t r<' 1,'''' .,," / / / ~ \ ')0 .'0 / / / " X; , \ () 000 \ () s 6<0 0/, <0', (' / </99 oSa' PREPARED BY: RICHARD PERRY OWNER/ENGINEER ORIGINAL CAD FILE PROVIDED BY: DESTIN GRAF PLS, PC ROCKY POINT, NY 830 CLEARVIEW ROAD, SOUTHOLD, NY TAX ID 1000 089 3 11.005 WOOD 4/;,t. C:D 66 Os 4 <~O"w tJ(IS Sl.Oc lINe I(p '4110 SIl.CO tJ(ISI/ tNI Ne DOWN . 4</ 080' ,i....~..~~~....~ . E:. '" j s"Osr;;........, . / lONE:. G / ! 4/i't r i .................~........// SCALE 1 :20 , r........... / ...... , , " $-'1 l._' / B --.., N. 6-".2' "".... INSET 'I " . j i , ~ 1 t i ' "3' I 19'-10 1/2' "!. 1',,: I' mID mID 24' '"' t EXISTING STRUCTURE 1------------------------------------1--------------------1 I I ,------------------------------1 I I I I I I I I I I I I I I I I I I I 1----16'-6' , , ! i] , [IlJ[IlJi[9JrnID ~ OOIHIIIIJ ~ [IIIIHIIIIJ .....:.,....;.' o .~...." VIEW A-A (SEE INSET) ;'..',' mrn [aJj] ._.'.-.'.',.......-. '__:d,,_ '." 32'-6' VIEW A-A (SEE INSET) PROPOSED EXTENSION i i.ir, I i I 32' I I I:! e 22'-6' , , ," I' :'1 11" "" e e e mil mil mil mil mil mil Ii 31' 'I; m '",.' rnm VIEW B-B (SEE INSET) VIEW B-B (SEE INSET) 'mID- ; ! ..1 Ii [ . j 31' rnm mID 31' I 22'-6' iii 16'-1' I I ::."'. "';.'~ ------, I I I I I m 32' 25,1-4' I m PROPOSED CONSTRUCTION RICHARD & KIM PERRY 830 CLEARVIEW ROAD, SOUTHOLD TAX MAP 1000-089-3-11_005 LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning)" Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MAY 25.2006: 10:40 A.M. RICHARD PERRY #5886. Request for a Variance under Sections 100-30A.3 and 100- 242 (Walz Interpretation #5039 rendered 1/2/02), based on the Building Inspector's February 6, 2006 Notice of Disapproval concerning a proposed addition, which will increase the degree of nonconformity when located less than 50 feet from the front yard lot line, at 830 Clearview Road, Southold; CTM 89-3-11.5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, andlor 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7868 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-weeks, successively, com encing on the 11th day of May ,2006. Principal Clerk Sworn to before me this 2006 1-.2 dayof ~ ~ Vo!AlMVf CHRISTINA VOllNSKI NOTARY PUBlIC.STATE OF NEW YORK No.Ol.V06105050 Qualified In Suffolk County CommIssion Expires February 28. 2008 "". AJ~T (___ (& :;/fP~~1eW) 5jtJot pP- aJI.# Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 50 feet from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; CTM 95-4-18.20. 10:05 A.M. KEVIN and VIRGINIA I COTION #5896. Request for Vari- ances under Section 100-244, based on the Building Inspector's AprilS, 2006 Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 35 feet from the front and rear yard lot lines, less than 25 feet for combined (both sides required at 10 ft. and 15 it. minimum), and with lot coverage in excess of the code's 20% limitation. Location of Property: 825 Dogwood Lane,~l I.I"';&i CTM 54- 5-33. -.., 10:15 JEANINE O'HAGEN-MUR- PRY #5890. Request for Variances un- ~er: (a) Section l00-31Astates that "no building or premises shall be erected or '" altered which is arranged, intended or '. designed to be used, in whole or in part, LEGALNOTICE . .. fot..any uses except ... (1) Orie.family PUBUC HEARINGS etac~ed dwellings, not to exceed one SOuniOLD TOWN ZONING dwelling on each lot;. and (b) under BOARD OF APPEALS Section(s) Ioo~2421IOO-243 pertaining THURSDAY. MAY 25 2006 to nonconforming setback and noncon- NOTICE IS HEREBY GiVEN, pur~ forming ~umb.er of dw~llings on ~ lot. suant to Section 267 of the Town Law The applicant IS proposmg renovatIons! and Chapter 100 (Zoning), Code of the alteratio~ to the ~xisting. dwelling, on Town of Southold, tbe following public a lot. which contaiD;s more than one bearing will be held by the SOUTH- dwelling, and was disapproved by the OLD TOWN ZONING BOARD OF Building Inspector on April 20, 2006, APPEALS at the Town Hall, 53095 and amended Notice of Disapproval Main Road, P.O. Box 1179, Southold, issued May 9, 2006. Location of Prop- New York 11971-0959,on THURSDAY, - erty: 4250 Breakwater Road,Mattituck; MAY Z5, 200Ci: CJM 106-9-1.1. 9:35 A.M. JAMES CURRAN #5795 10:25 A.M. PAUL and CHERYL _ Request for a Variance under Section RAGUSA #5897. Request for a Vari. 100-33, based on the Building Inspec- ance under Section 100-231, based on tor's July 28, 2005 Notice of Disapproval the building Inspector's February 28, concerning the location of an as.built 2006 Notice of Disapproval concem- accessory shed ina frontyard,instead of ing fence construction in excess of the the code-required rear yard, at 680 Oak- code's four ft. height limitation when lo~ wo~ Court (at Wood Drive, Lakeside cated in the front yard, at 2700 Harbor Dnve), Southold; CI'M 90-4-4. Lane, Cutchogue; CTM 103-1-20.8. 9:40 A.M. JAMES BISSETI III 10:35 A.M. ROMANELLI BROTH- #58~. Request for a Variance.un~er ERS,LLC by John Romanelli,President Section loo-33A, based on the Budd- #5880. Request for a Special Exception ing Inspector's March 16,2006 Notice under Section l00-71B(3) to establish of Disapproval conce~g a new ho~ an Apartment use over the first floor bam proposed at a height exceedmg business office use in this RO Residen- the code limitation of 18 feet, at 55 Cox tial Office Zone District at 51750 Main Neck Road, Mattituck; CTM ,l13-7- Road Southold'CIM63-6-4 19.23. '10:40 A.M. ' RICHARD PERRY 9:45 AM; STEPHANIE MIRI!BL- #5886. Request for a Variance under La #5849.. Request for a Vanance Sections 1OD-30A3 and 100-242 (Walz un~e~ Sectton l00-~2A, based on the Interpretation #5039 rendered 112102), tU~~1Dg l~pector s :anuary ~,2~ based on the Building Inspector's Feb- ~ Ice 0 }sapprova, ~~cemmg as ruary 6, 2006 Notice of Disapproval bUIlt alterattons to an extsttng noncon- . d dd.ti h' h forming accessory, seasonal cottage con- c~nc~mmg a propose a lon, w IC taining 520+f. square feet of floor area. w~l1 mcrease the degree of nonconfor- The reasons stated for disapproval ar,e: filty when located ~ess than 50 feet fr~m (1) that the existing seasonal accessory the front yard I~t line, at 830 Clearvlew cottage was altered to include heat and Road, Southold, CTM 89-3-11.5. to convert a sunroom to a bedroom, 10:50 RICHARD and Sl!SAN which is not permitted under Section WARD #5~67. Request for V~nances l00-242A when alterations create a under Section 100-32 (ref. Section 100- new nonconfornlli.nce or increase in tbe 244 Bulk Schedule), based on the Build- degree of nonconformance;.and (2) in~ Inspector's July.5, 2005 Notice of that Section loo-31A permits only one Dlsapp~oval, am~nded March 2, 2006, single.family dwelling ona lot, and the fo~ .l~t SlZes an.d SIde yar.d setback of the as-built alterations create a year-round eXlstmg dwellmg resulting from a pro- accessory cottage. Location of Prop- posed change of . lot lines (re-division erty: 3535 Cox Neck Road, Mllttituck; of existing Lots 1 and 2). Each lot will CIM 113-3-3.1. remain nonconforming with less tban 10:00 A.M. LAWRENCE and ANN 80,000 square feet of land area and less EKSTER #5891. Request for a Vari- than 175 feet of lot width, and the side anoo under Section 100-30A3, based on yard will be less than 20 feet from tne the Building Inspector's April 11, 2006 existing dwelling from the revised lot WI ~ #1 ~ ~. family dwelling, with new construction at less than the code.required 10 ft. min- imum side yard, and less than the code required miniIilumof 35 feet from both front yard lot tines, at 1160 Bailey Beach Road,Mattituck; CTM99-3-11.19. 1:30 P.M. BENEDICf POLLIO #5889. Request for a Variance; based on the Building Department's April 4, 2006 Notice. of Disapproval concern- ing an addition to an existing dwelling. The reason for disapproval is that Sec- tion l00.31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except .., (IlOne-family detached dwellings, not to exceed one dwelling on each lot. The new construction is pro. posed on a lot which contains more than one dwelling. Location of Property: 445 Kimogenor Point R-oad, New Suffolk; CJM 117-10-1. 1:35 P.M. ARLENE and PETER MANOS #5891. Request for a Variance under Section l00-239.4A. based on the Building Department's March 28,2006 Notice of Disapproval, amended April 11, 2006; concerning a request to amend Building Permit #31508-Z,after demol- ishing the dwelling and building a new dwelling. Demolition of the construc- tion was not requested by Applicant under Building Pemtit No. 3150S-Z andZBA Variance #5730 (which was for a two.ft. porcb exterision). The new dwelling will be located less than 100 feet from the top of the bluff or bank ()f the. Long Island Sound, at 2000 Sound Drive, GreeIl~ CI'M 33-1.18. The Board of Appeals Will hear all persons, or their representatives., desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each 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 hesi- tate to contact our office (631) 765-1809, or linda,kowalski@town.southold.ny.us. Dated: May 9,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski line. Location of Property: 4006 Old North Road, Southold; CTM 55-2-5.2 and 5.3. 11,00 A.M. THOMAS PERILLO #5879. Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/611979) and Variance under Sections 100-30A3 and 100-244 (Bulk Sched- ule), based on the Building Inspector's December 12, 2005 Notice of Disap- proval. Applicant proposes to re-locate the access right-of-way from the west side to the east side of Lot 17.2, result- ing in the proposed change of lot line and new nonconforming front yard set. back from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq, ft. parcel.. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right.of-way, the nonconforming size of CIM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CIM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of -way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Pe- conic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 11:20 A.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section loo-31B,sub-section 13 of the Zoning Code to establish Ac- cessory Apartment, to establish an Ac- cessory Apartment in the existing dwell- ing located at 1877 Heathulie Avenue, Fishers Island; CIM 1000-9-11-9.3. 11:30 A.M. ANDREW WWRY, MANAGING MEMBER/343 EAST 18TH STREET #5860. Request for Variance under Section 100-244, based on the Building Inspector's March 23, 2006 amended Notice of Disapproval, concerning construction of a new dwell- ing at less than 40 feet from the front yard lot line (after demolishing the existing dwelling). (No alterations or changes to the nonconforming acces- sory cottage are proposed.) Location of Property: 115 East Side Avenue, Mattituck; CIM 99-3-19. lI:40AM. FRANCISW. and NAN- CY DEEGAN #5892. Request forVari- ance under Sections 100-242 (Walz In- terpretation #5039 rendered 1/2102) and 100-244 concerning a{rditions to the ex- isting dwelling, which will increase the degree of nonconformance when locat- ed less than 15 feet from the side yard lot line, at 500 North Drive, Mattituck; CJM 106-6-28.4. 1:15 P.M. SOTIRIOS KASSAPIDlS #5888. Request for Variances under Section 100-230 and 100-244, based on the Building Department's March 7, 2006 Notice of Disapproval regarding a breezeway addition to an existing ga- rage, at less than 10 feet from the side property line (Building Permit #31420), and with the swimming pool construc- tion, all buildings and structures will exceed the 20% code limitation of lot coverage, at 3975 Breakwater Road, Mattituck; CTM Parcel 106-3-8. 1:25 P.M. THOMAS and MARY FITZPATRICK #5880. Request for Variances under Sections l00-242A (Walz Interpretation .#5039 dated If24f02) and 100-244, concerning pro- posed additions to the existing single- ~T5111 ,- -r ~ 0~8c" FORM NO.3 NOTICE OF DISAPPROV AI. DATE: February 6, 2006 TO: Scott DiSimone for Richard Perry P 0 233 Peconic, NY 11958 Please take notice that your application dated January 31, 2006 For pelmit to cOnstruct an addition to an existillg single family dwelling at Location of property: 830 Clearview Rd. Southold County Tax Map No. 1000 - Section 89 BlocklLot 11.5 Is returned herewith and disapproved on the following grounds: The proposed addition to a non-coDforminl! dwellinl':. on this confonning 52.682 Sq. ft. lot, in the R40 District, is not permitted pursuant to Article XXIV Section 100-242 which states; "Nothim: in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containin\< a conforming use. provided that such action does not create any new non-conformance or increase the degree.ofnon-conformance with res;ard to the relZulations peliainiUl~ to such buildine:s." The proposed front vard setback for this lot is 13.3'. Pursuant to the ZBA's interoretation in Walz (#5309), such additions and alterations will thus constitute an increase in the de €tree of nonconformance. Pursuant to Article IlIA. Section 100-30A3 such buildinf1s shall conform to the Bulk Schedule with a minimum front vard setback of 50'. . tft~CJ~ Authorized Simatu.re. .. . . Fee: $~Filed By: For Office Use Only .A 5fl:~ Date Assigned/Assignment No. -f"I'~ ~ 4:/710(" Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS P.,rcel Location: House No. 830 Street Clearview Road Hamlet Soulhold SCTM 1000 Section 089 Block~Lot(s)11.005 Lot Size 1.2 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 06FEB06 Owner as Applicant: Richard Perry Mlliling Adldress: 830 Clearview Road Telephone: 631-765-9486 Fax: 631-477-1095 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Nol Applicable Address: NA Telephone: NA Fax: NA Please specify who you wish correspondence to be mailed to, from the above listed names: I~ Applicant/Owner(s)' D Authorized Representative D Other: ' WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICA nON DATED 31 JAN06 FOR: ~ Building Permit D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction D Otber: Provision ofthe Zoning Ordinance Appealed. Indicate Article, Section, Subsecti~n and paragraph of Zoning Ordinance by nnmbers. Do not quote the code. ArtJicle IliA Section 100- 30A Snbsection 3 Type of Appeal. An Appeal is made for: li A Variance to the Zoning Code or Zoning Map. D A Variance dne to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal D has li has not been made with respect to tbis property UNDER Appeal No. __Year .. . . REASONS FOR APPEAL (additional sheets mav be nsed with annlicant's shmature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed changes to the structure will complement the surrounding houses and is similar to existing variances granted to neighboring structures. The proposed structure is in the direction away from existing neighborhood residences. The right of way were the variance is sought is used only for access to our residence. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applkant to pursue, other than an area variance, because: Access to the proposed garage is required from the North West side of the property. Building towards the wetlands/waterfront would adversely affect the area both environmentally and esthetically. (3) TlOe amount of relief requested is not substantial because: It does not impact the character of the property nor impede any right of way use for any of the surrounding residences. The existing right of way (Clearview Road) is not a usable nor required right of way through the property for the neighborhood access. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing structure with the proposed addition will create a residence that better fits the neighboring houses. There will be no environmental impact to the area as the proposed structure is in the direction away from the existing neighborhood and does not require any grade changes. (5) Hils the alleged difficulty been self-created? ( )Yes, or OQNo. This h: the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character oCthe neighborhood and the health, safety, and welfare oCthe community. Check Ibis box ( ) IF A USE V~RIANCE IS BEING REQUESTED.'AND PLEASE COMPLET/L ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) , l Signature of Appellant or Authoriz d Agent (Agent must submit written Authorization from ner) Sworn to before me this l{..~ ,.,.~"n.~ ....-,~UliiC ::') $~~~~ ~5(}rt~8 RE)'Nvt:O APR 7 2006 ZONING B OAPe n~~ " }\/~p:: ~t) ----- , I I ~-__ 5.1 I -1:[.- I I I ~'IIof<1<'""",--"-- .........\...__R__ -~":IIo"""Uno _....T ...............--. ~--~... 165') 8"q-~- /./ <S./ //.'1 90-'1- Ib //.1 (JJ~ ~-3 -II.S- '" i i~~~Cl LJ......E~,S ." SCllOOL .., UOMr- .- I I I I I \ ,.... CD ~ r;! '., ORCHARD < '0 ., " ., Q ~ . ORUN WITtllN ; .. .. OfH[R~15E. ALL THE FOLLOWING ..m "_ANT .>teR _--\-----I---~T;- ---, \ I \ \ "" I I \ I \ I I \ \ I I \ I \ I I \ \ \ ----, ---, \ T----' \ I -- \ \ "" I \ "" \ \ \ \ \ '\.0.2. \ \ \ \ s.O~\l;l \ \ \ \ \ I \ \ \ I \ I I \ \ CE.Ot..R eHCH ^" ISO') RO. ":Wk. '" 1 2.3A,1C) ~. 2 J.T-'.lc) TOINOF SOUTHDLD WIIDt;F'U.rrRLANOJ BasIn :~ '.1 L6"lcl LA. 0) , , . ~ '-\. 90-'-1 I - 1./ , .., Ita '. PROPERTIES DISTRICT!:., m COUNTY OF SUFFOLK CD Rea Property Tax Service Agency . . CoootyCenter RlverhBod,NY 11901 ~ 0" .$CUE..:::,_ -: NOTICE nn loIAtlTENlNGE, ~LTERATION. SALE OR DlSTRRllITOOOfI<NYPOIlTIlNOfTHE SUFFCK.KCOI..I!lTYTU..,...ISPROteIlED .':n<<lUT._TTttl"~R...n"""Cf'~HE ...-..-_--~ , ',..;,! ~<;?c?b K , v " A ..1;' ~~~ ""H ...". .. BUILDING PERMIT APPLlCAttN CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Chock Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: TpWN OF SOUTHOLD B'cILDING DEF'ARTMENT TOWN HALL SOUmOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. Dorthfork.lilet/Southoldl . PERMIT NO. Examined Approved Disapproved a/c___ ,20_.._ ,20_ Expiration Phone: .20_ Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date 31 January ,20~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accuratc~ 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 (:overed by this application may not be commenced before issuance of Building Pennit. d. Upon appmval of this application, the Building fuspector will issue a Building Pennit to the applicant. Such a pennit 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 build.ing pennit 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 pennit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pennit 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. ~, WI77 (Signature of applicant or name, if a corpora on) 830 Clearview Road, Southold, NY 11971 (Mailing address of applicant) State whether applic,mt is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner Name of owner of premises Richard and Kimberly Perry (As on the tax rolt or latest deed) If applicant is a corporation, signature of duly authorized officer NIA (Name and title of corporate officer) Builders License No,_ Plumbers License No. Electricians License No. Other Trade's License: No. L Location ofIand on which proposed work will be done: 830 Clearview Road House Number Street Southold Hamlet County Tax Map No. 1000 Section 089 Subdivision Cedclr Beach Park (Name) Block 3 Filed Map No. 90 Lot 11.005 Lot PIa 38, 47. 49 2. State existing u:)e and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Single family, Residential . . b. Intended use and occupancy Single family. Residential 3. Nature of work (check which applicable): New Building Repair ~_Remova] Demolition Addition X Other Work Alteration (Description) 4. Estimated Cost $150,000.00 Fee $35.00 5. If dwelling, number of dwelling units If garage, number of cars 2 (To be paid on filing this application) Number of dwelling units on each floor N/A 6. Ifbusiness, commercial or mixed occupancy, specifY nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front 49.4 Height 20ft Number of Stories 1.5 Rear 49.4 Depth 26.2 Dimensions of same structure with alterations or additions: Front 56.2 Rear 49.4 Depth 62.3 Height 32 Number of Stories 2.5 8. Dimensions of entire new construction: Front 24ft Height 20ft Number of Stories Rear 24ft Depth 42ft 1.5 9. Size oflot: Front 137ft Rear 120ft Depth 499ft 10. Date of Purchase 12/13/2000 Name of Former Owner John Bopp 11. Zone or use distn:ct in which premises are situated R40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO_ 13. Will lot be re-graded? YES_NO ~ Will excess fill be removed from premises? YES_NO ~ 14. Names of Owner of premises Richard & Kim Perry Name of Architect Chuck Thomas Name of Contractor TBD Address 830 Clearview Road Address Address Phone No. Phone No Phone No. 765-9486 727-7993 15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES~NO_ . IF YES, SOUTHOLD TOWN TRUSTEES & D.E,C. PERMITS MAYBE REQUIRED. b. Is this property within 300 feet ofa tidat wettand?' YES~ NO_ . IF YES, D,E.C. PERMITS MAYBE REQUIRED. 16. Provide survey, t<J scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SSe COUNTY OF Suffolk .J Richard Perry being duly sworn, deposes and says that (s)he is the applicant (Name ofindividua.! signing contract) above named, (S)He is the owner (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. 2006 1\: Signature of Applicant N~6 pJ1~r \/~~ il..- I . " COUNTY OF SUFFOLK (i) STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 SEP .2 2 ?C,Oo 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. Aoolic:ant( s) Manos, Peter & Arlene Klein, Geri Amine Curran, James Neumann, James Olvasid Realty' Fischer, Daniel Aliano, Nicholas" Hajek, Frank & Rose Miritello, Stephanie Chapman, John 343 East 18 LLC (Lowry) Sweeney, Jim & Susan Ward, Richard & Susan Estate of Glenn Boocock Kennedy, Sheila Galizia, Henry Baner, John & Denise Perillo, Thomas'" Fitzpatrick, Thomas & Mary Romarlelli Brothers Perry, Richard & Kim Pollio, Anne Eksler, Lawrence & Ann Deegan, Francis & Nancy Bissett, James III Sutton, Alexander & Tracy Sullivan, Robert & Jackie Municioal File Number(s) 5730 5793 & 5853 5795 5822 5828 5833 5846 5847 5849 5857 5860 5865 5867 5868 5870 5871 5874 5879 5880 " 5882 "- 5886 5889 5891 5892 5894 5898 5902 LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (631 J 853-4044 . ~ -2- . Latham, Stephen & Joan Fitzgerald, James Constantino, Ralph & Carmela Mascia, Philip Themlos, Barbara Gonzales, Joseph Albrecht, Scott & Wendy 5904 5905 5908 5899 5910 5917 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft. wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR looYETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (631' 853-4044