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Home My WebLink About5933 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 SOUTHOLD Tel. (6311) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2006 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED NOV 3 2006. Southold Town Clerl ZB File No. 5933 - John Shack Jr. Property Location: 1265 Shore Drive, Greenport CTM 47-2-26.1 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 15,746 square foot non-conforming parcel in an R-40 Zone and is improved with a single-family, one-story frame house with wood deck and patio, as well as a detached one story frame garage, as shown on the September 1, 1998 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Requests for Variances under Sections 280-122, 280-116, and 280-124 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 19, 2006 and June 23, 2006 concerning proposed additions, alterations to the existing single- family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006 and September 28, 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's original request was for a very large addition to attach the existing home with the accessory garage and to build second-story addition(s), resulting in a new nonconforming setback on one side yard at 6.91 feet and the other side at 19.42 feet, for the enlarged principal building (single-family dwelling with garage). ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 31, 2006 public hearing, the applicant was requested to increase the setbacks as an alternative that would be more conforming to the code's setback requirements of 10 feet minimum side yard and minimum 75 ft. from the bulkhead. The applicant agreed, and on September 22, 2006 submitted an alternative plan increasing the side yard to 9 feet instead of 1ft. 9.5 inches, and increasing the setback to the bulkhead to 40 feet. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicant is requesting additions and alterations to expand the existing dwelling, after attaching the accessory garage building, for an overall Page 2 - October 5, 2006 ZB File No. 5933 - John ~ CTM No. 47-2-26.1 enlarged principal building (single-family dwelling), and with a set back less than the code-required 75 feet minimum from the bulkhead and less than 10 feet on a single side yard. A Determination of Inconsistency was issued on July 18, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application will increase the setback measured from the area of new construction (addition) and the bulkhead to maintain the minimum setback of the existing dwelling, and denies the applicants requests for substantial variance relief. The alternative relief granted herein will meet code minimum requirements of 53.3% for the setback of the new addition, under the strict requirements of Section 280-116 (100-239.4B) of the zoning code. All new construction will be required to conform to the Zoning Code minimum standards applicable on a parcel containing only 15,746 square feet, except that a variance is granted for a one-foot reduction on the easterly side yard. Since the additions to the dwelling on the subject property are being dramatically constructed as proposed, it is reasonable to eliminate any the extreme non-conformity of the existing house and require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. SPECIAL EXCEPTION REQUEST WITHDRAWN: During the August 31, 2006 public hearing, the Board and the applicant also discussed the required conditions and eligibility requirements in the Zoning Code for a proposed Accessory Apartment within an existing principal dwelling. The applicant confirmed he is not able to create the Accessory Apartment within the existing single-family dwelling with its present size, and that the additions are necessary to increase the living areas. During the September 28, 2006 hearing and by submitting a letter dated September 9, 2006 to the ZBA from the applicant's Architect (Robert G. Bassolino), the application for the proposed Accessory Apartment was withdrawn. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original request of the applicant was substantially crowding the side yard adjacent to neighboring premises. The side yard relief granted as an alternative is one foot, for a 9' setback instead of the code-required 10' setback. Many of the improved lots in the immediate area have a non- conforming side yard or have a non-conforming setback from the bulkhead adjacent to the waterfront of Pipes Cove. 2. The benefit sought by the applicant can be achieved by the some method, feasible for the applicant to pursue, other than the original request for area variances. Alternative relief is addressed below which increases the setbacks to be more conforming to the code requirements and reduces the lot coverage to less than the code limitation of 20% for all building construction on the lot. 3. The variances as applied are substantial, however, the applicant has offered an alternative plan, based on discussions at the public hearings with the Board, which are not substantial with greater conformity to the code, increasing the side yard setback substantially and maintaining a minimum 40 ft. setback from the bulkhead. 4. The difficulty has been self-created, 5. The alternative relief herein increases the setbacks to be more conforming to the code requirement. No evidence has been submitted to suggest that alternative relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the improved lots in the immediate area have non-conforming side yards, as well, and existing homes have non-conforming bulkhead setbacks. Page 3 - October 5, 2006 ZB File No. 5933 - John Shack CTM No. 47-2-26.1 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to DENY the variance as applied for, and to GRANT ALTERNATIVE RELIEF as shown on the 9-15-06 amended construction plans (diagrams 1 & 2) prepared by Robert A. Bassolino, Architect as follows: 1. That the single side yard be increased from 1' 9-1/2" to a minimum of nine (9) feet on the easterly side of the property. 2. That the setback from the bulkhead be a minimum of 40 feet. 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 alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oli,,~a'-(Chairwoman), Goehringer, Dinizio, Simon and Weisman. Resolution was duly adopted (5-0). ~.~,~~ ~.~ Ruth D. Oliva 11/-~ /06 Approved for Filing This ~%~ ~ ~° . ./' ~NY AL TERATION OR AZ~ITION TO ~ ~Y ~ A V~AT~N ~ ~CT~ 7~09-S~ ~. ALL C~ T~NS ~REON A~ VAL, F~ ~ MAP A, C~,S ~ ~ y , SHORE 0 ;/ ~OSE ~ T~E APPEARS ~REO~. N. 50'~8',0' E. / /00.00' J ~.~ ~ ADDIT~LLY TO CO, L Y ~TH ~ LA, T~ TE~ 'ALT~ED BY' ~u~-rO-D~TE AEE ~T IN CO~LIA~ ~ T~ LAF. -/ o.,, ~ I , ~ ~ , 1~ I ~ ~ , ~ I . ~ JUN 2 6 ~006 ~ ~j j ..... x ', -.' , ~, ~ x ' .: , ' ~ ~ I ,.o LOt T LOT ~ ~P ~ ~r ~S - ~C~- ~ ~ ~, ~ ~E ~. 1759 AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNT~ N ~ ECAL~ 1 = ~ ~ ~ · S. 54731 ' ~~ ~ ~ ~ P. o. aox 909~~ AREA s /~3o TRAVELER~STR~ SOUTHOLD~ N. Y. 11971 Robert G. Bassolino R.A. 28-55 214th Place, Bayside, NY 11360 ArChitect (718) 225-9161 Board of Appeals Town of Southold Re: 1265 Shore Rd. ........ September 9, 2006 SEP 1 4 2006 Board Members; /~/t~ ~ ~6~,,~ As per the hearing of August :31,2006. I am presenting the folloWing~ogether with a site plan dated September 9, 2006. The application for an Accessory Apartment is to be withdrawn. The kitchen will be omitted and thc space is to be a bedroom. The Board requested that the east side yard is to be 9 feet. It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it 1 foot to the west. The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. Note thc extension towards the bulkhead has been reduced by 5 feet as per the request of thc Town Trustees. This reduction places thc building at 40 feet from thc bulkhead without any further reduction. Thc initial measurement to the bulkhead was taken at thc west end of the property. Since the bulkhead angles to the south as it goes east, thc distance from thc extension to the bulkhead increases. Therefore, this resulted in providing the 40 feet as requested. The Board requested computations as to the coverage. The proposed coverage will bc 3145.9 sfresulting in 19.9 Coverage as per survey by John Metzger dated August 8, 2006 is: 3284 sf. on lot area of 15,746sf. However there will be the following reductions: Deduct the projection of the garage at the east: 6.1' x 16.5' =100.65sf Deduct the width of the garage and extension: 1.0' x 37.42' = 37.42sf Total deduction: = 138.07sf Total coverage = 3145.9sf Pement of coverage= 19.9% Respectfully submitted, ~oert Bassolino, RA Z-I (-0~* HEREON A~E VAL~ FOR ~ MA~ AND COPIES THEREOF' ONLY I~ ~41~ ~ OR COPIES 8F_,4R THE IMPRE~ SEAL OF THE $URVEYOR F/HOSE SI~ TURE APPEARS HEREOI~. ADO~TIONALLY TO COMPLY WITH SAID LAY/ THE TE~M 'AL TEREO BY* ~/ 27 N. 50°38'30, Eo MUST BE USED BY ANY AND ALL SURVEYORS UTILI~ A COPY I00.00' Jc~ OF' ANO~ SURVEYOR'S MAP. TERMS SUCH AS '~VSPECTED' 'BR~T-TO~A ~' ARE ~T ~rop LOT 114.22' COVE LOT 1(~ LOT I ,' LOTS 16, 17 & P/LOT 15 · ~'c~ M,~P OF GREENPORT SHORES ZONE ZONE AE ( el. · .~. 54'15'/0. ~TT'Y FLOOD ZONES FROM FIRM 36103C0159 5/4/98 ELEVA T/ON.9 ARE REFERENCED TO NGYD AREA = 15,746 sq. ft. to ti line PIPES I P/OLOT(~'~L~u -SECTIONOA~- ~ FZE~JUNE~,~,OFI. ENO.~7=~ A T GREENPORT SEP ! 4 2006 LOT COVERAGE EX/STING 22521 SO. FT 22321/15746 = 14% $28~I/157~18 = 2/% A T COMPLETION OF CONSTRUCTION TOWN OF SOUTHOLD SUFFOLK COUNTY, N K 1000 - 47 - 02- PlO 28 $CAI.~.. 1" = 20' ,^ucc. 8,~ac~ (t=~O~.,~-J~rT ) ,P~ECONi~ ~9618 ' cSu~I~ ~ (516) 765 - 51 P. O. 80X 909 1230 TRAVELER SOUTHOLD, N.Y. 11971 98- 283 (2) obert G. Bassohno R.A. Are' tect 28-55 214~h Place, Bayside, NY 11360 (718) 225-9161 Board of Appeals Town of Southold Re: 1265 Shore Rd. Board Members; $[? ~'. ~ ?0e0~tember 15, 2006 As per the hearing of August 31,2006, I am presenting the following together with 7 copies of this letter and revised drawings 1, 2, &3 dated September 15, 2006. The owner requests that the aPplication for an Accessory Apartment be withdrawn. The kitchen has been removed and the space is to become the fourth bedroom. Also the deck from this space has also been removed. See drawing 3. The Board requested that the east side yard is to be 9 feel It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it 1 foot to the west. See drawing 1 & 2 The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. See drawing 1 & 2. Note the extension towards the bulkhead has been reduced by 5 feet as per the request of the Town Trustees. This reduction places the building at 40 feet from the bulkhead without any further reduction. The initial measurement to the bulkhead was taken at the west end of the property. Since the bulkhead angles to the south as it goes east, the distance from the extension to the bulkhead increases. Therefore, this resulted in p.ro, viding the 40 feet as requested. The Board requested computations for the coverage. The proposed coverage will be 3140.5 9 square feet, resulting in 19.94%. See drawing 1. ~submitt~d, / ~e~Robert Bassolino, RA LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 31, 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 31, 2006: 10:55 A.M. JOHN SHACK JR. #5933. Location of Property: 1265 Shore Drive, Greenport; CTM 47-2-26.1. Requests for: (a) Variances under Sections 280-242A, 280-239.4B, and 280-244 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 23, 2006 concerning a proposed additions, alterations to the existing single-family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead, and (b) Special Exception under Section 280-31B (formerly 100-31B) to establish an Accessory Apartment within the existing applicant's dwelling (the principal building). 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: August 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 11, 2006 AMENDED: June 19, 2006 AMENDED: June 23, 2006 TO: Robert Bassolino aJc Shack 28-55 214th Place Bayside, NY 11360 Please take notice that your application dated April 5, 2006 For pemfit for additions, alterations and an accessory apartment* at Location of property 1265 Shore Drive, Greenport, NY County Tax Map No. 1000 - Section .4_7 Block2 Lot 26.1 Is returned herewith and disapproved ,on the following grounds: The proposed additions and alterations to an existing single family dwelling, on this 15,746 square foot parcel in the R-40 District, is not peratitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Article III, Section 100-244, states that nonconforming lots measuring less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet and a total side yard setback of 2$ feet. The dwelling currently has a single side yard setback of+/- 1 foot and a total side yard setback of 19.42 feet. Following the proposed additions and alterations, the dwelling will have a single side yard setback of+/- 6.91 feet and a total side yard setback of 24.33 feet. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of nonconformance. In addition, the construction is not permitted pursuant to Article XXIII Section 100-239.4B, which states, "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." Following the proposed construction, the dwelling will have a setback of+/- 30 feet from the existing bulkhead. APPLICATION TO THE SOUTHOLD TOWN B(~A~D OF APPEALS --. Flied B~,L For Office Use Only Office Notes: Parcel Location: SCTM1000Section~.'/ Block Z Lot(s) LotSlzetff~7~ Zone District ~-~ 1 (~) APPEAL THE ~EN DETE~INATION OF THE BUILDING INSPECTOR~ A~plicant/Owner~s): J~NN Authorized Representative:. Please speci~ who you wish correspondence t~ be marled to, from the above listed names: ~ Arrlican~Owner(s) ~utbor~ed Representative ~E~BY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~g rermit ~ Cer~cate of Occupancy ~ Pre-Certificate of Occupancy ~ Change of Use fl Permit for As-Built Construction Other: Date Assigned/Assignment No. / tt .,, House No. IZ~,.~ Street ~tqt~-.~. pl~.t',,~ --lt~nll~~~g-r Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zon~l~g~,~nance by numbers. Do not quote the code. Z~2 , Arttcle'n~-'~ Section 100- ~.._~3ubsectlon ~ ~-~ .4-/5 Type of Appeal. An Appeal is made for: ~/~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has,as not been made with respect to this property UNDER Appeal "' No, YeaK. Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: 'rHe~ t'~,~e~:D ~o<'C~ ~ (2) The benellf sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~,,,v~ =~, v~ i~-~_ ~ ~'r~ ~ (3) The amount of relief requested Is,not substantial because: -r~ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: ~,~o~: -n-~ (5) Has the variance been self-created? (~) Yes, or ( ) No. If not, Is the construction existing, as built? ( ) Yes, or (') No. (6) Additional Information about the surrounding topography and building areas that relate ta the difficulty In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that Is necessa~ 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~ ~. (Please consult your attorney.) Otherwise, please proceed to the slanature afr" nora a e below. Swom to before me this FRED T. K~RK Notsry Public ~Y ~ommis~ion ~ MaY 12, 2011 Signature of AppelTant or Aufhorize~ Agent (Agent must submit A'uthorlzation from Owner) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes )~No Are there any proposals to change or alter land contours? [] Yes' mo 1) Are there any areas that contain wetland grasses? xA,/,t~[~ ~tP~' ~ /~o/..wd4~.~ 2) Are the wetland areas shown on the map submitted with this application? 'x' I~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 'l'l~' ~ Please confm-n status of your inquiry or application with the Trustees: Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? (q~qlE (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? IM If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. /'4 o If yes, please label H. Please list present use or operations conducted at this parcel ~> t.,tlGE F~,a4~ 11..¥ I~.ff~S'tDiL:,K~~ · ~' ~l;7..,h~ and proposed use -~,a4~/~ '/~OT' ~ ,~:1:.~¥ ~ t: (examples: e_xisti~ng: si~gle-farmly; proposed: same with garage.) {~' rized Signature and Date 1 //~(t~ G {,, 2/05 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): ,.3 ,::, H 14 ~t4,Ne___.~.. ~' ~.. I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and ov6rall square footage of extensions beyond existing bnilding: Dimensions/size: V.a=.~a~zto~ ~-.~., 14 ~.. ~ Z.I ~ Square footage: ,~ "/'~:,' ~ ~. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage:. Height: IH. Purpose and use of new construction requested in this application: c.o ~ 'l-~e cx:"l'to ~ IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please subm/t seven (7) photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. LAND /2 ~ o AGE NEW FARM Tillable 1 Tillable 2 l'illable 3 Woodland Swampland 3rushland '-louse Plot Fatal ~' ~'~ IMP. 0.5 O0 NORMAL Ac re TOTAL PROPERTY RECORD CARD TYPE OF BUILDING FARM /COM/~. CB. MISC. Mkt. Value BELOW ABOVE Value Per Value Acre- FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK /IO ~ 4~ /1~/~ J ~. I COLOR I TRIM' - · - I M. Bldfl. ~r/~ X J[ ~/-- /0 o ~ ~ [oundotion Bath [ Dingle K. ~ension ~ension ~t. Walls ~ Interior Finish ~ ~,~ _ ~tension Fire Place ~ '1 ~eat ~ 3 DR. Porch [ecreation Room Rooms 2nd Floor FIN. B. ~ Dormer Breezeway ~ ~ts~t~ (~ ~ tO~- Driveway Garage ~ z ~ /~ ~0 Patio :, o. ~. ~q: ~ /o ~ nOTiCe ~ COUNTY OF SUFFOLK BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined Approved Disapproved aYe Expiration 20__ D u IL'I'JI/12,1~2VII 1 ~I'I'L,I~J~. 1 lt_/IN ~'~-o. u have or need the following, before applyin~ Board of Health 4 sets of Building Plans Planning Board approval Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C°n~i-~ 1T- Bmlding APPLICATION FOR BUILDING PERMIT Date --1~4 .~¢, ,20_~>~ ~ INSTRUCTIONS ~pphcatmn MUST be completely ~led m by ~e~t~ or ~ ~ ~d ~ ~ ~ Bufi~g ~p~or wi~ 4 ~c~tc plot pl~ to sclc. F~ acco~g to sched~e. b. Plo~ pl~ show~g loca~on of lot ~d of b~gs on p~ses, ~lafio~p to adjoining pries or public s~s or ~c~, ~d watc~ays. c. ~c work cov~ by ~s app~ca~on ~y not be commenc~ ~forc ~s~ce of B~g p~t. d. Upon approval of ~s applica~on, ~e B~g ~spector ~l issue a B~g P~t to ~e appHc~t. Such a p~t sh~l be k~t on the pr~scs av~ablc for ~spec~on ~ou~out ~e work. c. No buil~g s~l be occupied or used ~ whole Or ~ p~ for ~y p~ose w~t so ev~ ~ ~e B~l~g ~ector issues a Ce~cate of Occup~cy. f. Ev~ buil~g p~t s~ e~ ff ~e work auto.ed ~ not commen~ ~ 12 mon~ aff~ ~ ~te of iss~ce or has not ~en completed wi~n 18 monks ~om such date. If no zomg m~ts or o~ m~fiom ~g ~e prop~ have been e~tcd ~ .... · c mtmm, ~e B~g ~spector my au~ofize, ~ ~t~g, ~e erosion of ~c p~t for ~ addition s~ months. ~ere~er, a new pe~t sMll be requked. ~PLICATION IS ~BY ~E to ~e B~l~g Dep~t for ~e iss~ of a B~g P~t p~s~t to ~c Buil~g ~ne Ore.ce of~e To~ of Sou~old, Suffo~ Co.W, New Yor~ ~d o~ applicable ~ws, Ordinances or Rc~lmions, for ~e conmction of buil~gs, ad~tions, or ~temfions or for remov~ or demolition as h~ des~bed. ~e applic~t a~s to comply wi~ ~1 apphcable laws, offices, b~l~g code, hous~g code, ~d relations, ~d to a~t au~ofized ~spcctors on premises ~d ~ b~l~ng for necess~ ~sp~fions. / (Si~f a~c~t or name, if a ~o~fion) ~g a~ss of a~e~t) State whe~ applic~t is o~, lessee, agent, ~c~tect, ~, g~ con, actor, ele~d~ plmb~ or b~ld~ N~eofown~ofpr~ises ~ ~ ~t~ ~N~ (As on ~e ~ roll or latest de~) If applic~t is a co~oration, sJ~a~e of d~y auto.ed o~c~ (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Nun3,ber Street Hamlet County Tax Map No. 1000 Section 4'7 Block ~ Subdivision Filed Map No. (Name) Lot 17 ¢ ts Lot State existing use and occupancy of premises and intended use and occupancy Of proposed construction: .. 3. Nature of work (check which applicable): New Building Addition ,>~ Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost l~,.g~,, ,~:~, ~ Fee (To be paid on filing this application) 5. If dwelling, number, of dwelling units ~ Number of dwelling units on each floor If gara9e, number of cars 6. If business, commercial or mixed occupancy, specif3~ nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~-I t Rear '4- I ~ Depth Height I Z. / Number of Stories Dimensions of same structure with alterations or additions: Front c~.~:) Rear V'~4~.~ ~'~' Depth .~ ~ __Height -~.5~ ~ ~-3 Number of Stories 8. Dixnensions of entire new c~'~truction. Front Rear Depth Height Number of Stories 9. Size of lot: From I I q- Rear [ Id--- Depth 10. Date of Purchase/~/o,f l [/ I~[':[o .Name of Former Owner ~v,/J~ ~/~a~¥ 11. Zone or use district in which premises are situated ~--~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO 13. Will lot be re-graded? YES NO,~ Will exCeSs fill be removed from premises? YES X NO 14. Nemes of Owner of premises ~ ~/~-4~ Addres s.V,~ot~o 12)4 t P,r~.~ p~o~o. NameofArchiteetl2_t:~.F..T [~¢~c-~tq,~ Address - ~t -ru PhoneNo~-77(°7 Name of Contractor. Address ~,'t~ tO~ ~'r' Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES )< NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. isthispropertywithin300feetofatidalwetland?*YES ~< NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foUndation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) ~:~t~-"l' I~~.~ ~ t ~ berg ~y sw~ d~s~ ~d says ~t (s)he is ~e appH~t ~e of ~ si~ing c~ct) above ~, (S)He is me (Con~etor, Ag~t, Co~mte ~c~, ~c.) of s~d o~ or o~, ~d ~ d~y au~o~ to p~o~ or ~ve p~ ~e s~d work ~d to ~e ~d ~e ~s app~fio~ ~t ~ ~t~ts ~ ~ ~s a~fi~ ~ ~e to ~e be~ of~ ~owl~e ~d be~ef; ~d ~t ~e work wffi be Sworn to before me this i~otary Public Merg~lina Kondili Notary Public, State of New York No[ 01 KO6111728 Qualifi.ed in New-Y. erk County Commission Expires June 21, 2008 ~-~ Signature of Applicant own of Southold Town Hall 53095 Route 25 PC) Box 1179 Southold NY, 11971 Catherine Hearst 1195 Shore Rd Greenport NY 11944 631-477-6106 JUL, 1 8 ?.006 To the Trustees: This letter outlines my concerns and objections to the proposed construction and related permit to be issued to John and Marie Shack for their property (1265 Shore Dr, Greenport) which is adjacent to my home. The SCTt4# is 1000-47-2-26-1 1195 Shore Drive is my only residence and ! live here year round. ! believe several aspects of thl-~ proposed construction plan would significantly alter the value of my property and the quality of my life. t4y objections are outlined below: The plan calls for a two story, two car garage to be built 7' 11" from my property line. The second story of the garage will be used as an accessory apartment (rental unit as described to me by my neighbor). The exclusive method of entrance and exit for this apartment appears to be about 10 ft from my property line, which will subject me to the peclestdan traffic of their renters. If approved this will be the only rental unit of its type on our block. I believe the size of the garage, setback of the garage, addition of a rental unit and siting of the entrance of the unit are all impositions on me and devalue my property. The new construction is also being sited much closer to the bay restricting my view. The siting of this construction is inconsistent with siting of the other homes on our block and creates a situation where the Shack's proposed home will crowd the views of its adjacent neighbors. The plan also calls for the removal of 7-8 mature trees, impacting the green belt surrounding the: preserve located directly across the street. ! thank you for your consideration in this matter. herine A. Hearst APPEALS BOARD ~ERS Jame~ D~-~-~e~ Jr. · l~cbert ~_ Villa BO&Hn OF A~]~J~LS TOWN OF SOUTHOLD ACTION OF THE BOARD_ SCOTT L. HARRIS Su!~rviscr Town Hall, 53095 Main ~ t~O. Box 1179 Southold, New York 11971 Fax (516) 76~-182S Telepheae (516) 765-1800 Appl. NO. 4190. Upon application of JOHN AND MARIE S.. SHACK for a Variance to the Zoning Ordinance, ~rticle XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores combined Lot Nos. 16, 17 an~ p/o 15; co%fury Tax Map Parcel 1000-47-2-26.1 (prey. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. WHEP~AS, a public hearing was held on September 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and docu/nentation submitted concerning this application;. WHEREAS, Board Members have personally viewed and are familiar with the premises in question and properties in the surrounding (R-40) zone district; WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants seek a variance ~nder Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear (southeasterly end) of the existing dwelling, all as shown on the sketch as amended and prepared by the applicants. The dimensions of the deck are proposed at 14'0" by 22'0" wide, which will leave a 40 ft. setback from the existing bulkhead. A six-foot wide step area is proposed for a depth of 18" to 22" (for two or three steps) off the rear of the proposed deck. There will be no reduction in either sideyard, and only a part of the deck, and entire step area, protrudes past the rear of the house towards the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 26.1 and contains a total lot area of approximately ·14,250 sq. ft. · - ApPl. NO. 4190 /ge~ of JO~'AND MARIE S. S~ACK islon Rendered September20, 1993 ' .3. Article XXIII, Section 100-239.4B of the Zoning Code requires all b~ildings and structures lOcatedon lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and Which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The setback of the dwelling a~ exists is presentl~ nonconforming atapproximately .43 feet from the bulkhead at its closest point. The dwelling, was constructed prior to 1972 and preexists this Local Law (which first became effective in March 1985). 4. In considering this application, Board Members find: (a) the relief 'requested is not substantial in relation to the existing established nonconforming setbacks existing on this property and nearby waterfront area. (b) this proposed construction is strictly for an open deck addition without a foundation orbasement and without a Screene~- or ~ermanent-tF~e enclosure. This type Of construction is not. Considered major and will not affect the stability of the soils seaward of the house; E-. (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each are bulkheaded near the ordinary highwater line to aid in the prevention of erosion or other disturbance to the natural ground; (d) the practical difficulties claimed are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be'adverse to the neighboring properties; (f) there is a greater benefit afforded to the property owner than the public, although the reduction from the existing nonconforming setback is minimal as requested, and there will-not'be ~.detriment to the health, safety, and welfare of the neighborheo~r community by the grant of this variance; achi~e~.b~g) the benefit sought by the applicants cannot be · s6me-otber method, feasible for the applicant to' pursue,-other than an area variance -- particularly in light of the established nonconformities in this neighborhood; ~?.cr of JO~N AND MARIE S. SHACK ,~ision Rendered September 20, 1993 w (h) in view of all the above, the interests of Justice ill be served by the grant of the repasted relief as re~p/ested and conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Do~en, it was RESOLVED. to ~ the relief aa requested in the Matter of the Application of JOHN AND MARIE S. SHACK under Appeal No. 4190 for a proposed open deck, SUBJECT TO =ku~ FOLLOWING CONDITIONS: 1) the setback shall not less than 40 feet from the existing bulkhead, except that a 18" to 22" (maxi~u~ depth) step area at a width of six feet maF be added at the rear of the deck. 2) the deck shall remain unroofed and ,,n-nclosed a= all times {no temporary enclosures such as screening}; 3 ) outdoor lighting which may be proposed shall be shielded toward the ground so as not =o glare onto nearly lands. Vote of the Board: Ayes: Messrs. Goeb-ringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. P. ~im~M~ ,~- RECEIVED AND F~LED BY THE SOUTHOLD TO¥~{ CLEP/( DATE HOUR t - ~0~'~ (~er~ Tovrn o:~ S~ut~o~,t ^_.s s__u?_y_~ ~ . JU~:i. 4.:~ "' 'I?orJEIELCJ.<..y..A_H..TUYL, .- /~, Appe~No. 2564 DaSd J~ne 25, 1979 Mary S~yegh '' 515 Shore Drive Greenport, New York 11944 atam~th~ZomnS~o~do~Ap~on July 26, 1979 ( ) the app~d ~ ~ 8 =05 P.M. (D.B.~.) Upon application of Mary Sayegh. Sl~ Shore Drive, Greenport, New York, fora variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for. permission to divide property with insufficient width.and area. Location of property: Shore Drive, Greenport, New York, bounded on the north By Shore Drive; east by Chasko; south by Pipes Cove; west by Morris. SEE REVERSE SEE i~RSE szz ~w~ APPROVED After investigation and inspection the Board finds that the appli- cant is the owner of a vacant lot on Pipes Cove, Greenport, New York, which is presently merged to her house lot. The applicant wi~hes to divide this lot from the house property in order to build a dwelling for herself. The newly created lot will conform in size to the other lots in the neighborhood and in some instances will be larger. The Board agrees with the reasoning of the applicant. On motion of Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, New York, be GRA/~TED permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenport~ New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill. P~CEIVED AND FU~ED BY ] THE SOUl, OLD TOWN CH~K T~ ~ T~ ~ ~,~d [ ~ PLANNING BOARD MEMBE~ JERILY~ B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: July 18, 2006 Re: Proposed Wetland and Shoreline Permit for John Shack SCTM#1000-47-2-16 and 17 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. ] 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed addition to the residence from a tidal wetland is proposed at 39 feet~ a minimum separation distance of 100' is required pursuant to Chapter 97-12. Please require that tho applicant amend the application to meet the above policy. Pursuant to Chapter 95, the~-Board of ~ shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 8, 2006 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) ' · . subrmtted to the Suffolk County Planning Commtssion 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) McCabe, Mary Patricia Moore/Anselmo Samuels & Steelman/Hoffman Julie McGiveny/Garipian* Robert Bassolino/Shack Burlingame, Glenn & Kristan Radacinski, Margaret Travis Patricia Moore/Bajada Glass, Kenneth Fox, Thomas Russo, Kathryn Michelsen, Howard & Valerie Municipal File Number(s) 5799 5921 5927 5931 5933 5942 5943 5944 5951 5952 5955 5957 taffnotes the pre-ex~st~ng house and accessory structures. The applicant is proposing a rather substantial dwelling, which is 97% larger than the existing dwelling. Consideration should be given to limiting the size of the residence and meeting the 100 f~. setback to reduce adverse impacts to the bluf£ Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc /s Christopher S. Wred~ Environmental Planner LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR MAILING ADDRESS · P.O. BOX 6100 · (631) 853-5190 I O0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (63 I} 853-4044 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No.. ZS567 .......... Date .............. June .15, .......... 19.7.9 THIS CERTIFIES that the building ................................................ Location of PropertyHt~e' ' .l.2.~S~vo. -Shoz:a .DrLve ...... ' ' ~i ........ G=ee~port... County Tax Map No. 1000 Section . 4.~ ........ Block ..... 2 ......... Lot ....... 2/~ ....... Subdivision. Greai'i~t,. Bholtes ........... Filed Map No. 1:7,59...Lot No..15,. ,1,6 ,. & .1~ substantially to the ...... ~:ix. ~,. x., l~S:. p~C~iffo~~ff. ...... ~s~ ......... dated ............. ~.~e, ,l.5 ~ ..... 19. ?~, was issued, and ~nforms to all of the requ/remants of the appl/cable provisions of the law. The occupancy for which this certificate is issued/s ......... ............. ~ILT.~A~E~.. D~E .-~ed~t.¥..OT~E~.t.~i/G ................................. The certificate is i~ued to . . $~-ephen .G o. Chae fk~o,;n~:,.t~,~e.~..~ ...................... of the aforesa/d building. Suffolk County Department of Health Approval .... La:e,Ea~l, atirscj ....................... UNDERWRITERS CERTIFICAT£ NO ............ V=e-Ex~Latinc~ ....................... Building Inspector THIS INDENTURE, made t~e 11 day of BETWEEN WITNE$SETH, that the part ies of the first part, in consideration of love and other valuable consideration November , nin~em hundr~ and ninety Edward Sayegh and Mary M Sayegh his wife, both residing at 6299 Tall Cypress Circle, Green Acres City, Palm Beach County, Florida, 33463 pa~ ies of that part, apd John Shack and Marie A Shack his wife, both resl~ng at 146 Pleasant Street,Woburn, Mass. 01801 ~ pa~ ies oftha,,Zecondpart, and affection paid by the part ies of the second part do hereby grant and release unto the parties their heirs of the second part, and assigns, forever, AI~ that certain plot, piece or parcel of land with the buildings and improvements thereon erected situate, lying and being in the Town of Southhold, County of Suffolk, State of New York,known and designated as lots 16 and 17 and part of. lot 15,on a certain map entitled JMap of nport Shores,Section 1" and filed in the office of the Clerk of the County of Suffolk on June 29,1950, as Map No. 1759, said lot and part of lots being more particularly de,scribed and bounded as follows: BEGINNING at a point on the Southeasterly side of Shore Drive, where same is intersected by the division line between lots 17 and 18 on he a~ove mentioned map; running thence Northeasterly along the South- easterly side of Shore Drive , the following (2) courses and distances: 1) North 50° 38' 30" East 100 feet 2) North 6° 19' 20" East 19.57 feet - thence thru lot 15, South 39~ 21' 30" East 145 feet to the North- westerly side of Pipes Cove; thence along the Northwesterly side of Pipes Cove, on a tie line, bearing South 51° 18' 20" West 114.02 feet to the division line between lots 17 and 18; thence along said division line, North 39~ 21' 30" West 130 feet to the Southeasterly side of Shore Drive, at the point'or place of BEGINNING. Together with an easement over Shore Drive as shown on said map for ingress and egress only. It being intended to convey the same premises known as and by the street number 516 Shore Drive, Greenport, N.Y. conveyed to Mary M Sayegh by deed dated August 1st 1979 recorded in the Suffolk County Clerk's Office on August 16th,1979 in Liber 8678 Page 34 and now designated as lot 26 on the Tax Map with a street address number of 1265 Shore Drive ...... TOGETHER with all right, title and interest of the part ies of the first part of, in and to theAand lying in the streets and roads in front of and adjoining said premises. TOGETHER with the appurtenances and all the estate and rights of the part ies of the first part in and to said premises. ~ ,...,-~' TO HAVE AND'TO HOLD the premises herein granted unto the part~ e s of the second part, thd J~'f"-hefiLrs and assigns forever. The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consid- eration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same first to the payment o£ the cost of the improvement before using any part of the total of the same for any other purpose. AND-the said Edward and Mary M Sayegh covenant that the done or suffered anything whereby the said premises have been encumbered in any way whatever. ha venOt IN WITNESS WHEREOF, the parties of the first part ha vehereunto set seal the day and year first above written. theirhand and In presence of: STATE OF New York On the llth day of November , nineteen hundred and ninety j;a,-R-~x.~a-~XX~glr4X~l~t[xXtz~X~X~l;f,.aw~]~ Edwara,~ana Mary Sayegh to me known and kno~ to me to ~ ~e individuM s d~rib~ in, ~d who ex~ut~, ~e forgoing i~um~h acknowl~ged to me ~at ~ey ex~ut~ the ~me. NOAH Z LIPTON NOTARY PUBLIC, State o{ New't'ork No. 30 ~5~375 Qualified in Nassau CounW Commission Expires ~ .~.,. ¢~ ~. ill I ~U~ WTS, t ' .~ L JIL Id hY I,~' I I I I I ~ i I COld ~ UT/kT ~CTIOI,,J-I THELJ IDULK. HEAP SEP $~ ZOO6- , \ t 1- / l A SEP ~ 9, 2OOG