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Home My WebLink About5898 (.,1 H~r_~.b- ---I=f(BC&l-_____ -u-+7- 3,)S ~.~.,{ ~ I c!1, ~ ~ -s i 9 F' c7P ICb r2AI-lj " f?# (p /~:J It') (~) -. /' , --) - I /) i \ /' C> / / J) W /1 ^ J 1\, E /'. t{ I (~cJO-ZJ S , (.,., /0<" / i "-;''?' '~ -.' e APPEALS BOARD MEMBERS James pinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman hup:/ /southoldtown.northfork.net . 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MEMO TO: Building Department Attn: Damon Rallis, Buildin~4 Examiner James Dinizio, Jr., Chairman\..:;;D:Y' May 18, 2007 Your Inquiry of April 11 , 2007 (copy attached) FROM: DATE: SUBJECT: You have requested clarification concerning two issues that you had concern with, described in your April 11, 2007 Memorandum (copy attached). In reply, please note the following: (1) electric may be permitted as permitted by code, (2) there is no objection if the Building Inspector finds that a plan was modified beyond the approved plans, for the purpose of returning the applicant to the ZBA with an application for the changes. Thank you. Ene!. - (~J.. J. 'SHY , , J,-~ I?Ctl)f!-Nlo, ~,! '1/ /;,./0"] I(JAM. ./ . . Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 Fax (631) 765.9502 Telephone (631) 765.1802 'HI 10 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Cc: Jim Dinizio, Chairman, Southold Town Zoning Board of Appeals Damon Rallis, Building Permit Examiner'1:\'.e..... April 11, 2007 1000-63-5-17 (Sutton) APR 1 2 Z007 ( ) File, Michael V erity p~ WJ:1. S1'1 h.. ~Ol> Ie, I am currently working on a building application for the above referenced project that, as you know, was the subject ofa variance from the ZBA. Through the course of my review two issues have come up for which I need clarification: 1.) Condition #3 states that, "electric service is permitted for lighting in the garage." This begs the questions, how many outlets are you permitting the Suttons to have? Please clarify this statement and let us know exactly how many outlets are allowed in the building/on each floor. Please be aware that while we are not advocating any specific number of outlets, running extension cords between floors and throughout the garage can create a dangerous situation. Please advise my office on how to address the question of electric outlets in the accessory garage. 2.) Condition #1 states that "the accessory building be used for garage and storage purposes." Does this mean that the applicant cannot have a workshop in the garage as proposed? As you know, the building department has historically considered a private workshop to an incidental accessory use. Please advise. Thank you. ( IV. (1-1 c'f ~ p " c j ~I ,; ) ,. 'Office Location: . . MaiIin~ Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.o, Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS. TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 26, 2007 Deborah Doty, Esq. 670 West Creek Avenue Box 11 81 Cutchogue, NY 11935 Re: Letter Requesting Amended Decision (Sutton #5898 8/28/06) Dear Ms. Doty: Our department is in receipt of your February 20, 2007 letter with revised site plan and renovation plan with electrical details. Your letter requests that the Board "amend condition #4 of its determination dated August 18, 2006 and to approve the enclosed plans." The procedure that applies for a request for an amended decision is the same appeal procedure that was followed under the first appeal. These plans are returned for use by the owner when applying to the Building Department for a building permit application review determination. Thank you. Very truly YOl,!rs, J?=~~;:' Zoning Board of Appeals Encls. ~. . . Office Location: Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southo1d, NY 11971-0959 bttp://soutboldtown.nortbfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 01/, 2006 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box1181 Cutchogue, NY 11935-0876 Re: ZBA Appeal 5898 - Variance Determination (Sutton) Dear Ms. Doty: Our Department is in receipt of your letter dated September 18, 2006 requesting a condition be amended to permit the installation of electrical outlets. If you wish to give more specific information on diagrams with clarification in a letter stating the purpose of the electric outlets if proposed for other than lighting or security, I will review it and confirm whether or not it is permitted under Condition NO.4. The procedure that applies for any request to amend a decision rendered by the Zoning Board of Appeals is that same procedure that was followed under the first appeal. Enclosed are a set of Appeal forms if you choose to follow this procedure for amending Condition NO.4. GL;:t~~od)~ Ruth D. Oliva Chairwoman Encls. , , . . ,. DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.o. Box 1181 CUTCHOGUE, NY 11935-0876 FAX 631-734+7702 631-734-6648 _ FEe 2 0 2007 #S(f'9J> February 20, 2007 BY HAND James Dinizio, Jr., Chair Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 RE: Alexander L. Sutton & Tracy M. Sutton 325 Horton Lane, Southold, NY (SCTM #1000-63-5-17) Appl. #5898 Dear Mr. Dinizio: My clients previously requested that the Board amend condition #4 of its determination dated August 18, 2006 with respect to the above-referenced appeal. Condition #4 limited electrical service in the detached garage to lighting purposes only and imposed unnecessarily strict restrictions on the use of the garage. Ruth Oliva asked that my clients provide diagrams and clarification of the purpose of the electricity to the garage. Enclosed please find a site plan prepared by Samuels & Steelman (last revised 2/1/07 for new Code) with respect to modifications to the detached garage and the swimming pool. There has been no change for the addition to the dwelling. The enclosed plan also reflects the following: 1. Lot coverage: Lot coverage is reduced from the Board approved 23.5% to 23.03% 2. Garage size: The footprint of the garage is reduced from 880 sf to 500 sf, and its height reduced from the permitted 22 ft to 19 ft 9'/2 inches. The visual impact of the structure is thereby lessened. 3. Plumbing: No plumbing in the garage is proposed. 4. Workshop: Mr. Sutton advised the Board at the hearing and the application and previous plans reflected that part of the garage was to be used as workshop for his woodworking and carpentry. The existing garage is currently his workshop. The plan proposes that a portion of the garage be used as a workshop. ~.EBORAH DoTY (CONTINUE~ . James Dinizio, Jr., Chair . . February 20, 2007 Page 2 5. Customary electrical uses: The plan accommodates customary electrical usage in a detached garage such as the installation of, among other things, garage door openers and electrical wall outlets to run vacuums, leaf blowers, snow blowers, and connections for inground sprinkler systems, "invisible fence" systems, etc. The plan reflects uses and activities which are both reasonable and customary for an accessory garage. 6. Storage: The third floor is dedicated to storage purposes. Accordingly, my clients hereby request that the Board amend condition #4 of its determination dated August 18, 2006 and approve the enclosed plans. Thank you for your consideration. ----- Respectfully submitted, J~cJ~ ---.. - Deborah Doty DD:bdr cc: Alexander L. Sutton & Tracy M. Sutton Thomas Samuels (via FAX) APPE~"LS 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. (631) 765-1809. Fax (631) 765-9064 .. Mailin~ 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 RECEIVED 4~J 11:4~am AUG 1 8 ZO06 So~~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 ZB File No. 5898 - ALEXANDER SUTTON and TRACY SUTTON Property Location: 325 Horton's Lane, Southold CTM 63-5-17 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" category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 14,843 square foot parcel is improved with a single-family dwelling and garage. BASIS OF APPLICATION: Zoning Code Section 100-244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and construction of a new garage, in excess of the 20% code limitation for lot coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on 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 add new construction with a lot coverage that exceeds the code limitation of 20 percent. The requested lot coverage is 25.66 percent, or total coverage of 3808 square feet, shown on the 3/31/06 plans prepared by Samuels & Steelman Architects. 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, as reduced to 23.5% total lot coverage, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed side yard addition has been carefully designed by the architects to maintain the historic character of the applicant's circa 1880's house. The proposed redesign of the driveway and parking area with turn around at the rear of the property will enhance vehicular safety by providing off street parking from Pa\lol\ 2 - June 29. 2006 ZB File No. 5896 - Sutton CTM No. 63-5-17 .. . Horton Lane, a heavily trafficked through-street, and allowing cars to exit to the road in a forward direction instead of backing out into the road. The proposed accessory structures will be minimally visible to adjacent properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject property is a small non-conforming lot of 14,843 s.f. in the RO district in which 40,000 s.f. lots are conforming. Only 394 s.f. could be added to the existing lot coverage of 17.35% as of right to yield the allowable 20% maximum lot coverage. Any additional construction and/or accessory structures would require a variance. 3. The variance granted is substantial. Applicant seeks to construct a proposed 332 s.f. addition to the principal dwelling; a proposed 540 s.f. swimming pool and a proposed 880 s.f. accessory garage with potting shed and half bath. While the proposed addition and accessory structures total 839 s.f., that amount exceeds the allowable 20% lot overage by 5.6%, which is an increase of 25%+ over the maximum allowed as of right. 4. The difficulty has been self-created. 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 subject property is flat and proposed additions and accessory structures will not require fill or grading. There are no wetlands or other natural features on the subject property. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new construction (addition to the principal dwelling, an accessory swimming pool, and accessory garage), 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 Dinizio, and duly carried to DENY the relief as applied for, and to GRANT THE FOllOWING ALTERNATIVE RELIEF FOR 23.5% total lot coverage, with elevation of accessory garage not to exceed 22 feet to the top of the ridge and foundation as shown on the 3/31/06 diagrams (without a proposed basement), and 26 ft. maximum to the top of the ridge for the addition to the dwelling, all shown on the 3/31106 diagrams prepared by Samuels & Steelman, SUBJECT TO THE FOllOWING CONDITION: 1. That the accessory building be used for garage and storage purposes. 2. That no heat or plumbing shall be installed in the accessory building (garage). 3. That electric service is permitted for lighting in the accessory garage. 4. That an outdoor water hook-up is permitted. 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 Page 3 - June 29, 2006 ZB File No. 5898 - Sutton eTM No. 63-5-17 .. .. 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, Goehringer, Dinizio, and Simon. (Member Weisman was absent.) This Resolution was duly aMd (4-0-1 ). r n ~)F:.O.U~ Ruth D. Oliva 8117/06 Approved for Filing .- .. - --- .. -_... .... ~- --.- .___ __ m --- II SAMUE L S& STEELMAN . . . . . . . . 5.!\J.1~\~~~ 'j .. .- :_ h-frvI .D_ bc:f-r I ~ O' THE 5U'frTON RESIDENCE ..June 21, 2<OOb LOT COVeRAGE 20% Allo~able Coverage: Existing Total (~/decke): ResH::lenc.e 141q sf Dec.!!::. 985 sr Entry! Porc.h 101 sf DecK 120 sf steps 26 ef 6arc1tge 518 sf Tota'! 2515 sf Existing Gdrage demolished: Proposed addition to house: Proposed ~c.ce5sor~ building: Proposed $;~immin9 pool: Total Proposed coverage: ARCHITECTS 2nJ5 MAIN ROAD CUTCHOGUE. NEW YORK 11935 (&31) 7)"-&405 FAX (6)11 734-&407 2qbq sf .2515 sf 11.5596 (518 sr) 992 sf 880 sf 540 sf 5808 sf 25.6696 Co\) 213 7Is-:ro rf J~ U/ f f - I i ~ ~ ; I , I ___~_u_nT___n_~__ ~ , , , , , , _______J . ~ ,.0 c:0 -m .... ~lS ,,,. ---.- ...-.....- ----^-- .",.U5 LI& ~!H!~IjI~~ ",,,,",,,,,,,._00<""_"""- ! ; . , , 1 , I , I " i / -----71"----- , , " , " /~, ", ,/ ~~ "'" " -I " , ' , ' , ' , ' , ' , ' 1 , I I I "" """""" / //// RENOVATIONS AND ADDITIONS TO THE SUTTON RESIDENCE 325 HORTON'S LANE, SQUTHOLD, NEW YORK Z N -: '" ... 0 ~~ 0, 0 ~'" '" ~~'" ~:-~ U:ltJ:J~ ~~ "'~ ~Q " '" 0 O. ! ~ i i o LONG ISLAND RAIL ROAD N/O/F JOSEPH F. RASa '" ANGELA RAsa 194.80' -----.,~--~..------------------------ ~N5'I Z' I EXI!!ITINlS-MNIT~ NnOJ::.~.2~ILI:ln'l6 ',__~; 5YS~O ~lN 22''''''''. hgt. 11)'t<> / mld","lr'It rld9" ~-~ (\ ~tll'tla::: \, ) ~C:ON~ , , , "_____1.____"'1 , C>Et'lOLI~ : ex15'll~ I :6~~ "-~ ~ S 68"57'50" W InTr.nv'Rli.....F. :l0llli AII""",*,I. c:.o"""""3'" Ex.tirlg T<OI:ol (..,Ja-U), ExjOll~9ecr"9"_".h.,,~' ~""_",dc:Utl",,lDhouHo, Pr"f'_=~"""lcjl"l9' 1"Npc..-.=_mnl'lo;lpo<>l, T"~IPr"P_~""'''9''' SITE PLAN SCALE: 1- "10'-0" IIIII!I IiiiiiIJ , , ~.. _.. ~6.'J ,,.'" "2.1 eeo.' ""~ 300&.1 ~- .4'H!6HFeiCt! ~I~T' . ~ 194.55' N/O/F MARGARET ANNE now MAIN ROAD 2<1'-;;1' :14'-2" 21'-8" SITE DATA " " . " ~ ~. - _. ,-, --~- ,.- W~~ _11'I'11811 'I4.'A15l1.._u.ttM:. """~- -,- ~-- 11_11'(....11 =- ~- ~- ~ -~ .. 1 " ~- 1 /~ 1 / ....." I ~...~ " ... J'....,t. UJ " >. N ~ ::r: .~ 0 N. ~ 0 '1' 0 ~: >-:3 ,., ~ 0 ::: I( rA Z ".. Ii. " ".illl ~ll '.'I!~. , 1 r ... 'I! <h > .... ~i " Z '" '" M o. " " ~ I~ l! '! ~ '~ ~ ICJ-Z ~ ~ '..1.... SITE PLAN 1 <'..' ..~~.J-;[1~~T~-.. .........+7 -Jl .s i 9 '1 eX ~ (0..'-1, ;t7# (p I~ :1 /IJ (0 , -. ;'; , --) . } ') I. \ /" o. / J) w ,tAl 1\,[;1' b( /(..?V..{JS, c.f'.'ex"/.'(')p '~ 'APPE~LS 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. (631) 765-1809. Fax (631) 765-9064 . Mailing Address: Southold Town Hall 53095 Main Road. PO. 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 <+ ~d / I :4~CIJn AUG 1 8 2006 ~~Cln...;j~. $oliili6fii'fOw:. den- FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 ZB File No. 5898 - ALEXANDER SUTTON and TRACY SUTTON Property Location: 325 Horton's Lane, Southold CTM 63-5-17 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 14,843 square foot parcel is improved with a single-family dwelling and garage. BASIS OF APPLICATION: Zoning Code Section 100-244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and construction of a new garage, in excess of the 20% code limitation for lot coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on 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 add new construction with a lot coverage that exceeds the code limitation of 20 percent. The requested lot coverage is 25.66 percent, or total coverage of 3808 square feet, shown on the 3/31/06 plans prepared by Samuels & Steelman Architects. 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, as reduced to 23.5% total lot coverage, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed side yard addition has been carefully designed by the architects to maintain the historic character of the applicant's circa 1880's house. The proposed redesign of the driveway and parking area with turn around at the rear of the property will enhance vehicular safety by providing off street parking from Pag.e 2 - June 29, 2006 ZB File No. 5898 - Sutton CTM No. 63-5-17 . . Horton lane, a heavily trafficked through-street, and allowing cars to exit to the road in a forward direction instead of backing out into the road. The proposed accessory structures will be minimally visible to adjacent properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject property is a small non-conforming lot of 14,843 s.f. in the RO district in which 40,000 s.f. lots are conforming. Only 394 s.f. could be added to the existing lot coverage of 17.35% as of right to yield the allowable 20% maximum lot coverage. Any additional construction and/or accessory structures would require a variance. 3. The variance granted is substantial. Applicant seeks to construct a proposed 332 s.f. addition to the principal dwelling; a proposed 540 s.f. swimming pool and a proposed 880 s.f. accessory garage with potting shed and half bath. While the proposed addition and accessory structures total 839 s.f., that amount exceeds the allowable 20% lot overage by 5.6%, which is an increase of 25%+ over the maximum allowed as of right. 4. The difficulty has been self-created. 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 subject property is flat and proposed additions and accessory structures will not require fill or grading. There are no wetlands or other natural features on the subject property. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new construction (addition to the principal dwelling, an accessory swimming pool, and accessory garage), 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 Dinizio, and duly carried to DENY the relief as applied for, and to GRANT THE FOllOWING ALTERNATIVE RELIEF FOR 23.5% total lot coverage, with elevation of accessory garage not to exceed 22 feet to the top of the ridge and foundation as shown on the 3/31/06 diagrams (without a proposed basement), and 26 ft. maximum to the top of the ridge for the addition to the dwelling, all shown on the 3/31/06 diagrams prepared by Samuels & Steelman, SUBJECT TO THE FOllOWING CONDITION: 1. That the accessory building be used for garage and storage purposes. 2. That no heat or plumbing shall be installed in the accessory building (garage). 3. That electric service is permitted for lighting in the accessory garage. 4. That an outdoor water hook-up is permitted. 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 Page 3 - June 29, 2006 ZB File No. 5898 - Sulton eTM No. 63-5-17 . . 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, Goehringer, Dinizio, and Simon. (Member Weisman was absent.) This Resolution was duly a~d (4-0-1). rn ~) RO. V~ Ruth D. Oliva 8//7 /06 Approved for Filing . --- ----- .... ~ ..... --_....;r-,- --- II SAM U E L S TEE L M . . " . . . \ g)(~\Y-'~~ J 9.!--X. m . S & A N . THE SUn-TON RESIDENCE I ..June 21, 2<006 LOT COV6F<.AGE 20% Allo~able Coverage: Proposed addItiOn to house: Proposed C1c;.cessor~ building: Proposed ~~immin9 pool: Total Proposed coverage: 2~6q Sf 2515 Sf (51e sr) 992 sr 880 Sr 540 sf frf'tv1 .D. boff! &JZ- 11.5596 5808 sf 25.66% ARCHITECTS 15<35 MAIN ROAD CUTCHOGW,. NEW YORK 11935 (631) 734-6405 FAX (631\ 734-6407 . . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 22, 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. JUNE 22. 2006: 10:00 A.M. ALEXANDER SUTTON and TRACY SUTTON #5898. Request for a Variance under Section 100-244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and construction of a new garage, in excess of the 20% code limitation for lot coverage, at 325 Horton's Lane, Southold; CTM 63-5-17. 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 in the Office of the Zoning Board of Appeals during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 31, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7912 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, comm cing on the 8th day 0 June, 2006. Sworn to before me this 2006 9 day of ~---' VOGK_~fvV CHRIST A Y LI S NOTARY PUBLIC-STATE Of NEW YORK No.Ol.Y06105050 (,uQlIlled In Sullolk County ..,~,-.r;'if<slon Expires February 28. 2008 ~ J vcutJ g, k~ . ~ I-~ b\ifJ- Jhrf.') ~~ .,JYf 0 l" "1' LEGALS... . From page.~' I,"~# NQlIq< sounii:lLDT(JoW!il ~ll'NiNG BOARD OF ~#~L~ THURSDAY, JUNE n, ZOO6 PUBLIC m,ARlNGS NOT1CE IS HEREBY GIVEN,pur- suant to S~ction 26'i.oC'the'Town Law and Chapter 100 (Zoning), ~_?de .of the Town .of Southola, the'folJowing public hearings will be held by~e; SOUT1;- OLD TOWN ZONING BOAItD";-OF APPEALS at the Town Hall, 53095 Main Road, .J~O. B~x n79, Southold, New York 11971-D9S9,cinnruRSDAY, JUl'jE 2;l,Z006'. .... ....... .' ... 9;50A.M:~PHtL.'.PtvfAS'cjJA #5899. Reql,lest for a Variaiice:'.,uil;ile,r. Section 100-244, basedoD the Suilding Inspec- tor's February 13,2(06 NoticeofDisap- proval conc~rning.3 P!fJpqs~,adqition alless than 35 feet from fue-trontlot line and less _ than to feet __ana single side yard, at 630 Lake Drive;SdUthold; CTM 80-4-25. 10:00 A.M. ALEXANDER SlIT- TON arid TRACY'SUTf9N'#589R Request for a Variance' under Section 100-244, based all the Building Ins-pec- tor's April 4, 2006 Notice of Disapprov- al concerning proposed additions. with alterations to the existing dwelling and constructionofa n6w garage, in exc.css of the ~OO!'!,G99:e.:::#:IUtation for lotcov- erage,at}"Z5:~~tt'~P~~~_':Lane, Southold; CTI,16"o~;ii!;,.... ...... 1010 A.ii...gNl-~ SCHULTHEIS, SR, Individually'and as Trustee. for CARL H.SCHUr;rHEIS, '~R'4f5$]~-A. Request for aLgt Waiver ':lp.d~riS,eCtion 100-26 to unmerge a v3cantland arcaof 21,8Y2 square feet (~iMJOOO-1l8-3~5) from an adjacent land, area of 40,898 sq\lar~.. ,~e,et.. q;t:~i'H~,J.::gJj;:~:~~~t:R't th~ Buildiilg' :'~~j~,~ql';S_',:(j.~t'~~,~f"(:27, 2005 Notice' 6f bisa_I'Pi'o'Vai:"ptifs~- ant to Section l()(I-25,'determining the properties have been inergeg.' Locaticin of Property: 1305 Bayberry Road and Bayberry Utne, Cutchogtie, contfiiiling 58,9] 1 square fed as merged. L"ane District: R-40 Rcddential. . 10:~ A..~:" . MARIO_ and JOAN SflORtIt4t},':#59011' Request for a Vari- anc:e, underoS~J:tion 1,.QQ-2f4, based on th~Bi.illJilliirisptet6r!Sl~p)il17, 2006 NoHce ~H?lsapp~oYal concerning pro- pO'sed additions 'with alterations to the existing 4~e:~~,,:which.new construc- , lion will exceed the c&le limitation of 20% lcifc6ve-rage; at 4s'b Bay Road, Cu- tchogue; CTM 116-2-18. 10:40 A,;~:,<CLEM. CHARNEWS, Owner (co~tract Vendees: Shannon G()ldman- ~d Deborah McKe,and) #5887. LOCation of Property: 8605 Soundview Avenue, Southold. Based on ail_ application ,~~btiiitt~dto .the:,Build- ~~ I~spector,;~~d his_';M:arch 31,,20?6 Np*e of . ; ova1:v(W~b,~tat~;~.a,t' '{~e,pr~pe,,- ,~ea~mt~(i:~-4ofi&~:~' 'J)jstrict,;i . .d (97 p8~fil~tlate reet combine'a~' "llfsuant to Section 1OO-25an<i-:t?f,prop()~ed dwelling does I:iot mee;t .i:tl~(;Qq~~c~l;}u)t:edwinjmum of 40. fee(p:9.W-'~,e ll'imt '!oriine, The ap- plicants U~9,1}e~t: (1) a,~f,)Vaiv--erto Unmerge under Section-l00-26.concerning properties consisting:'of'~3,277 square feet for eTM 59;c6:r272:and 73,811 square feet for cr~5Q:~~27 :3; and (2) 1f~}Va.jver is granted to unmerge the propeities, then a setback variance is re,quesWd undel Section 100-244 to locate,a"r~oposed ne.}y;d~el~ing at less than 40 feet~;9m the ~c?nt lot line, aftet rcmova.Iofthe existing~~cture. 1055A;M..... STEP~r-J,and JOAN LATHAM ,#5904. Req~est..for a Vari- aticeurid:et- Secti{JllS It:(l,~~4t^ (refer- rit1~,to,~!?:A.lftle 5039 W:i,llz"~tewre. t<l1;l01';, !'9~f.~_d,1J24t~002)' .' ~~,:~tH:_, ba~:9:q-9<tlj,~~,~,uildin~.~p~i?{~}~X_ 12, '1-OO6:;~nd~~d 'N6ti~~tifi'D~ap'-" provalc~~~~~ 'aptoposed',a~dition with;altetaij9}jSl6 (he,existing dwelling, which .. ccinstitutes an mcrease ill'W fQ~: p~,qp old' i 1 :05:;\:.J>>i;._-tE:ONARDO PAROLl #5901.R,e<jfl~t'1[oTa Variance uhder Section i~'q~A(t),basedon tMBuild- ing In.sp~tw.::s March 27, 2006 Notice of DisapprQval concerning an as-built . aci:es~dfy. b\iil~;~~; .~~.~ . a<>~- so~ure).The~~~fu'~W. pr~val'i~tQ;it: l;h~:aH)Wt cbijstroctiOt1 cons~ttit~~'a$:eC(j,n~-dwe1li1lg'*se:,'Tlie original btiildingpetiiiil waSissued'Nb~ ve11lber15,~~~oraJ.l unheated ~cces~' sory~t(mig~sti1i~tir~.. (BP#~Q77o),and .t4l('::ilppli,~t: t~Qe!itif;llIl:,;un~~c:\I'J1,~l1t t9_ ipcI1ld.~,:ee<!t~~o~I}f)~9?Wcati{),n,$ fpf,Jl!Wtll,'lJug 'al!d;~~J~ted::J.-?catig~hf. ProPt:l:rtY: _:52,50r,chatd Street,.orie~t; CTI,125.2.20.11. 11:20 A-M. RQ~e~T,,~_dJASKIe SUlLIV AN #5902: Request f~r,a -V~ri': anceund~r' Secti?n~OO-'~2A _ {refer~ ring to: ZBA II1~elJ>r_etation' No. 5039 dated 1124/02) and -1i:x)..2M-;based :oil . il4.~""" F~~. m~F~, .~rt? '_!~i; . g,:'W;>h;'c()~titutes_an increase in 'tb~_~egre~:_()'f "Doncbnfor- mance. wh,en .locatedless,than .15ftl:et from a s~gll~ sidey~d,_~ndle~s_ ~an 35 .fee,t Jor;;.b(ith,sidv/()'ar,cl~(_Cri1p:l:l_~d, ar:271-5,N'assalJ 'Point"~;id;:Cu~cliogue; CTM 104.13,8. . . H;35~.M,:, J\L~b~,{ln4:}2:tLE:N WEXL~I?.;,#5?9~' . _}{eque~tfo:t: ,.~Vaii- anceunder Section .lOO"33,-l?lls~d.,()n m:e ':Il'uil(Hn~~~~t()r~S,!\PIi,LH, _2J)()6 ti~ 'v... ..- ". ..'...' "',-~.., ."~,~"..J~gl\i'l.~.g;{ pld~]%l$lJ"g>ti~i~n>''Q. '}'alrt;~~*tfQg unh~ated sea!!l:;mal. ~t!4ge:td~Jj .a~~~~ sory blJijl:liI1g~',tQ ,:re~a~,jn,its. present locatlQp",'andtoOOll'ttUrtanew dwplI- ""~".".""'."""""""'Iff" ,~"..,_.,~."".~. fig lp,.,u,!'",.".; 'OUllw,;.-.:.", y'i~ .~~ih~;tlillli8tl*!~~k~jrf~Tf~r yard" at )0900: Nort;~,B:ayview" EQad, Southold;,CI'M~2cS:48~1 11,45 A.Mi lAMPS mZGERALD #5QQ5..-R,ffi\a~t, ',,- . ".' "!inder S'~~i:;lj"19g-;tlr,' ._,,;;"~~ilig InsR~t.or'sF~9 Noti~ of Disappto -:f\;, 2,lJ06, oo~~ '. te,.rs.' , lfs!lA.M; LA CONSTA for' a 'variance Ilnd~r ~<<9tloI1'1~O,-33, based on the Building Inspector's May 9,2006 Notice of Disapproval concern- ing a proposed swimming pool in a yard 1llhO< _1l\e "..dHbqWrecl r"'" yard, at 1. Di'dIWO !'I;!! Ro<ld, i40t1lt View drive and South: View ,Drive, Orient; CTI,1 J3.1.8. ,'1b'e<\Boatl1of/~ppeals will~hear!aU pef$ons~ or~ tl)~jr;"r):l',pr.es_~nt~ti,Y.e~,'; dCfiir~ i~g~o,~,I;1~,d:~t~acIlJw~g,c8Jl<:IJ(,)r 41f$F~-Jo;_~QlJril_it;,~tteIl s~a~,ijJ;eI1ts before the . conClusion of eac:l1;~.~~arVig. ~Gh.hearin~wiU,not'stm:t e~Tlie~.':.than- 4t;Si~l1,llt~~P9ve~F11es'aJe'JlvaiJ._llPle ,in theOfflee ~of the' ZoningI3dat4~.()(~p- pealsduring.re,gular business ~olJP;:ah'd pr~of-.to the day of.thehearing. If you havequestion$, _please do not hesitate tooonta(;:tQurofflce.(631) 765-1809; or lin4l'l.kow,_alski@toYrfl.southol(Lny.us. Dated: June 6,2006. ZONING BOARD OF APPEALs RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 7212"IT 6/8 tflcU- ~I - . FORM NO.3 NOTICE OF DISAPPROVAL ~39r DATE: April 4, 2006 TO: Samuels and Steelman ale Sutton 25235 Main Road Southold, NY 11971 Please take notice that your application dated April 4, 2006 For permit to make additions and alterations to an existing single family dwelling and construct a new accessory garage at Location of property: 325 Horton's Lane, Southold, NY County Tax Map No. 1000 - Section !i3 Block.2 Lot 17 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 14,843 square foot parcel in the R-40 District. is not permitted pursuant to Article III. Section 100-244, which states that lots measuring less than 20,000 square feet in total size are allowed a totallat coverage of 20 percent. Following the proposed construction the property will haye a total lot coyerage of25.66 percent. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. , APPLICATION TeHE SOUTHOLD TOWN ZONIN.ARD OF APPEALS Fee: $__ Filed By: For Office Use Only Date Assigned! Assignment No. ,j..--g9 8 Office Notes: L_ Parcel Location: House No. 325 Street Horton Lane Hamlet Southold SCTM 1000 Sectiou~Block2-Lot(s) 17 Lot Size 0 . 341 ac Zone District RO I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 04/04/2006 for lot coveraqe Applicant/Owner(s): Alexander L. Sutton & Tracy M. Sutton Mailing Address: P.O. Box 70, Southold, NY 11971 Telephone: 631-765-3856 Fax: NOTE: If applicant is not the owner, state below if applicant is owner's attornl'Y, agent, architect, builder, contract vendee, etc. Authorized Representative: Deborah Doty, Esq. Address: 670 West Creek Avenue, PO Box 1181, Cutchoque, NY 11935 Telephone: 631-734-6648 Fax: 631-734-7702 Please specify who you wish correspondence to be mailed to, from the above listed names: D Applicant/Owner(s) G'Authorized Representative D Other: WHEREBY THE BUILDING INSPJ:CTOR DENIED AN APPLICATION DATED 0,1,1/:wOfi FOR: !it Building Permit D Certificate of Occupancy D Pre-Certificate of Occnpancy D Change of Use D Permit for As-Bnilt Construction D Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do flOt quote the code. Article III Section 100- 244 Snbsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. D A Variance due 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 \4 has not been made with respect to tbis property UNDER Appeal No. __Year (for cnrrent and all prior owners). Sutton Appeal APPlication. . BACKGROUND The front part of the dwelling was constructed in the 1880s. The accessory garage existed before the enactment of zoning. A one-story addition at the rear was built in the mid- 19708.' The prior owners added a deck to the rear of the house (CO ZI7174, 8/12/88). The present owners added an extension at the rear of the dwelling, made alterations to the house, and modified the deck (CO Z-28027, 10/24/01). The lot coverage of the existing structures is 2,575 square feet or 17.35%. This 1880s house consists of a first floor with a parlor, dining room, library, mudroom and small bathroom, and the second floor master bedroom, three small bedrooms and one small bathroom. The combination kitchen and family room is located in the one-story addition attached to the rear of the old house. The parcel is zoned Residential Office which requires a minimum lot size of 40,000 square feet. Therefore, the subject parcel at 14,843.53 square feet is nonconforming under the Town Code. A real estate office, Southold Town Hall, a thrift shop, and a cOIl1IIlercial printing business are located on the east side of Horton Lane. All of the residences on the west side of the street are on non-conforming lots with the subject parcel being the second largest. The neighborhood is bounded on the north by the Long Island Railroad tracks and on the south by the Main Road. Applicants wish to build a 25'7" x 13" addition on the north side of the house. The first floor will be a study/guest room with bath and closet which will provide a bedroom for their 20-year-old daughter when she is home from college. On the second floor of the extension will be the master bedroom with bath and closet. The addition of the master bedroom will provide bedrooms for the applicants' four other children (ages 17, 9, 8 and 6). The present second floor bathroom would be available for use by the four children. Applicants also propose demolishing the existing 518 square foot detached garage and constructing in the rear yard a barn containing a 2-car garage and a work shop/potting room with second floor loft storage area. A 30' x 18' inground swiIl1IIling pool is proposed for the back yard between the existing house and the proposed barn. The foregoing will result in a lot coverage of 3,808 square feet or 25.66%. ANALYSIS 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because the applicants propose to maintain and enhance the residential character of the neighborhood. The proposed extension of the house will blend with the historic appearance of the 1880s house and the other dwellings in the neighborhood. The old pre-code accessory structure will be replaced with a barn which will be constructed to today's building code while being harmonious with the 1880s house. The addition of a swiIl1IIling pool is compatible with the residential character of the neighborhood. 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: (a) The small size of this lot means that any expansion larger than 394 square feet ii.e., a 20' x 19.7' room) requires a variance. Only the proposed extension to the dwelling could be built "as of right." The swiIl1IIling pool and/or the detached barn could not be built in the absence of a variance. (b) The present dwelling has virtually no storage space. The small basement utility room , Certificate of Occupancy-Nonconforming Premises UZ15894 (dated June 30, 1987) was issued for "two-story, one-family, wood-framed dwelling, with attached porch; one-story addition Building Permit 7251Z and CO Z10349; an accessory garage; situated in "A "-Residential-Agricultural Zone with access to Horton's Lane." Page 2 of 3 . Sutton Appeal Application . . contains the mechanical systems for the house (e.g., the furnace, oil tank, hot water heater). The house has only small closets - the first floor closet is crammed with children's toys and the rest of the closets are used for the family's clothing. The present garage is used not for vehicles, but rather for bicycles, tools, garden implements, deck furniture, etc. (c) Six or seven people are sharing the upstairs bathroom. The addition of the master bath alone will help to alleviate the morning and evening family rush hours in connection with the bathrooms. (d) Having demolished the present garage, the larger non-habitable barn at the rear of the parcel will incorporate a 2-car garage with a combined work shop/potting room and a loft area for storage. This building will allow for out-of-the-way storage of various household items, tools, etc., and provide the owners with an area for a workshop and potting of plants, etc. There would be electric to the building and water for a small half-bath with potting sink. (e) Swimming pool will provide an enclosed area for family gathering and exercise. 3. The amount of relief requested is not substantial because the applicants are requesting to add only 839 square feet in excess of the permissible coverage. The size of the nonconforming lot on which their historic home is located severely restricts any expansion to accommodate this family of seven. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the premises would retain its historic character while providing the applicants with a sufficient bedrooms and baths for their seven-person family as well as a useable garage, work areas, storage space and an outdoor recreation area to be enjoyed by f,unily and friends. Also, the proposal will have a positive impact on and will improve safety in the neighborhood. With the present configuration, cars must park either in the driveway or on the street close to a fire hydrant. Several of applicants' cars have sustained severe damage (with one car being "totaled") when parked on Horton Lane. Also, cars parked in the driveway currently must back out on to busy Horton Lane. The proposed parking/turn around area at the rear of the property next to the barn will provide off-street parking and allow cars to exit the premises in a forward direction. 5. Has the alleged difficulty been self-created? ( ) Yes. construction existing, as built? ( ) Yes. (X) No. ( X ) No. If not, is the The property is pre-existing nonconforming premises under the Code. Other alternatives have been explored but do not address the concerns and needs of the applicants and their five children. 6 Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) 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 notarv area below. _____ ~ ~_ C-- ) i;~~ ~~ Signature of Appellant or Autho ed Agent (Agent must submit Authorization from Owner) Sworn to before me this 27th day of April, 2006 C~y4- Notafy Pub c - JUDY L OKEEFE "JotMy PUblic:. $tete of New York No. 304900962 Ouallfied in NaSUlu County ~mmi~$~on E1q)jre~ .jtJl}113,.H:.:::.. ;2007 Page 3 of 3 . . APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:. Alexander L. Sutton & Tracv M. Sutton Date Prepared: 04/27/2006 I. For Demolition of Existing Building Areas Please describe areas being removed: Existinq 518 sf detached qaraqe II. New Construction Areas (New Dwelling or New AdditionslExteusions): Dimensionsoffirstfloorextension:hse: 13' x 25'7"; barn: 22' x 40'; inqround pool: 18' x 30' Dimensions of new second floor: hse: 13' x 23 '1" (+ small deck) Dimensions of floor above second level: Height (horn finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without eulargement/extension (attach extra sheet if necessary) - Please describe building areas: Number ofF\oors and General Characteristics BEFORE Alterations: 2-"j-nry 1 hP<'Ir(")(1lJl / h;,j-h single family dwellinq with detached garage Number of Floors and Changes WITH Aiterations: /-"j-nry 4 hP<'Irrvvn 4 n"j-h "i n'Jl '" f<>mi 1 y dwelling with study, detached barn (2 car garage, wnrk "hop/pnHing r(")(1lJl, I'. storage loft), & inground pool N. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,575 sf (w/decks & 518 sf oaragel (17.35%) Proposed increase of building coverage: 1,752 sf less 518 sf (qaraqe demo) = 1,234 sf Square footage of your lot: 14,843.53 sf Percentage of coverage of your lot by building area: Ex; sj-i ng. 17 1",": prnp"""". /" r;r;," V. Purpose of New Construction Requested: first floor addition of study/guest room with bath & closet, and second floor master bedroom with bath, closet and deck: detached barn with 2 car qaraqe. work "hC"lp/pntting rrvvn. I'. "",rnnn flmr "torOl'Y" loft; inground pool. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): small lot size limits =verage to /,969 sf Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 TOWN OF SOUTHOLD PROPERTY RECORD CARD , ....,. i .rK:,'j ';<, ,".- Jf . ,- ..... /O(.lO -0~~-E/-/7 OWNER I . 4{LJ(af!dJ? r 1. tfrr(l{II;11" \' ii:. f) f9RMER OW~ER. .f t<0U/I.1, [oJ r.?Y0 ,~..:) 1: 1-1) _ i ..,/... ,! ,., ;1'" ft ~. ~ Cc..t-'L.... RES. .2)0 LAND ~ < , " (. Jo ~ 00 (POQ ~OCl (000 boo - Tillable 1 Tillable 2 Tillable. 3 --~-I- Woadlana Swampland Brushland Hous~lo'?-' Total""" - STREET VILLAGE DISTRICT SUB. LOT ./ . ~,_-I . .,.,-t-;;-, -'c.. 'f ...J .' " '1 ~ ',r r N :L ; ,. E ACREAGE J r '- ",- , ; I_i' (?, . TYPE OF BUILDING 2- .a-tZ-- ~. u L.C 1..:11( ~ -- W S " , SEAS. IND. MISe. VL. FARM COMM. CB. IMP. REMARKS TOTAL DATE - ,) -i',-t!.- /-... -r"''',;,' ~ 2.. 8---i!:r--~-:;' " ! /, ('I ./ (-' -. "'.l b 0 c) / 7'? . '" ..Psr 'yO tJ .:::) .3 P' (70 b~ b Sfoo S9DO b5,~ is"" zc '# /, cn:v .( If " ( -c. - L:ir /, [.(7 - - , I I T ~ I , S In, l \ I... , -t -!- ~ r l~--- i 63-5-17 11101 , r :. ssl Foundotion ,BI'?/~( Both t- Basement p;:t-r ....-- Floors Ifrt ' , I Wail Ext. Walls 4.J..:;J. Interior Finish i~f3 'S, "",' Fire Place Hem , {) FS. i (','"f Porch Attic s: 1>'0 Porch Rooms 1st Floor '-I L; Q,~ ~o 2-~ o Rooms 2nd Floor Breezeway Patio Garage Driveway .k)!. -- 0-0 .so ~... 0 O. B. / .' . : }v~f'i r " , T?t-AI ./1- I .!.... $ 1..1 '1-~ lt . -' j;...,'I1IIL 6 LAC/<-. , 4- :i L l'ropo;.'orRll.... ....~,;.;'" lo, No II'dLl,.' \cho"lDI"'~t lI.... "" H,.Jr",' D1'''~t ~I", Lk<Li:SS ORUN DT~ER"S,. '" PRQPERTI( E o.rn,,,001l1IIOI1 o.n.r --r-- "-I>dr,i"",,!Ilo<k~'" (21) @ Flroillli"ttllroo --"-- llotu.. O;'''~t l'oo ---R__ ,e, WlTHIN '" FOUQ"'N<:; DISTRICT G IlIotk1l<, ".. ; SE'ER ..~ ,...,dM""" lot U"" ------ DoodOl",.....i<," loltr Dbtrkl l'", -~.-- m,torl,"'D1."k'I'o, -HSl -- ," '" Hl00'NT E S"'oamI Stoor, Sc<iodCl-..lon "",,;y-'.... --- l~D";."tll",, --L-_ ''''''''''''.DI'trlt.L....--A__ lIGHT " UT,R N PAR~ '" REFUSE 0 .....,~"'. " Iloed"to I.""lh ---- P<rlllolr~' (I... --p-- .......,t" m.t,~' I"'" -..-- .1IB1.JlA/ICE ...TEUTE~ ----- -_s__ FORPCl.NO. ~ESEC.I>ll. 055-0S-011 ,., 8.SA o g ~ It TOW~ OF SOUT~OLD~" I 'D<'ELoP~ENT RIGHT~;) '" ", " . 1 ,.~"'ol.8A(c;) ",.':~ SOUT~OLO StHOOL OISTRlCT NO.5 FORPCl,N). SEE SEC. NO. 070-02-02:1.1 . . Zon\~jJ3cnrd of ~~s /?uth:D. OllVO-) evri,rwovwaV"l ~u~Jd kwV) t1Q\l ?Ofu. 1179 ~U.fu6Id ~~ 11Cf7! .Dear Rut\-. , I aWl Y"esrond'nj -to t~e lejal nO+"Ic.e m1 ne'jhboY"5 -r-\-c ~a..5OS 0+ t~5 fbrtcn..5 Lo..Y\e QV)d fn)se.lt rece.lved r~ordiY/9 q re'}ues+ +C)Y- 0. VQ(""\Ch'lCe uv)d~r ~c-tpn I(x) - 6l't-'f ot ~ &ufuolJ lZwV"l C~e bX ; OUV- '<'e~~"'6Y".5 Ale)Cunder QY?d T'fo...Q.'f ~Ll*c.\n 0+ 3~5 +Tor-on 5 kG\ V) e. ~ We -\ee I -t~ ~ -t'n ose \.\J \. 0 drcJ-t ("J -t\ -e Cod e d-,d So U5\T\r, fJ\J:?ose and" ~("e -t\.10~,9 ht and -t\Ja.+ +'ne.. S-hfLllo.i1ons IT ~5 -+6~ s\w\c\ be u?he\c\, @1t1c.e'\e~J 22.s rb....i"ons LQ.ne POJ30x 3rt ~ut~lold. JJ y 1/ 97/ ~~ O~~.~ ~~~~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTH OLD, NY 11971 TEL: (631) 765..1802 FAX: (631) 765-9502 www.northfork.net/Southold/ . BUILD IN.RMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: PERMIT NO. Examined ,20_ Approved Disapproved aJ c y1y220- r I " Phone: Expiration_ ,20_ \'.,',"'R r, I~.h :\ APPLICATION FOR BUILDING PERMIT Date ,20_ , ;, INSTRUCTIONS 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 oflot 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 th(: 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 pennit 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 South old, 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. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder /J C~ ;l3L/7 . Name of owner of premises 4z..;:;,c 1-" '7~Y . CJt/77rJW , (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. I. Location ofland o~ ~!5;h proposed work will be done: "7:7'0 ~/Vt~ ~ House Number Street -"t(,r". County Tax M~.;t#~p !~~on " Subdivisiou_...... ))[ \""i::ut~fji l::HiQ,J_,~ i'K)I;,':llm"";(.", (Name) G3 {he7~/O Hamlet Block c9 S Filed Map No. Lot Lot (7 2. State existing use and occupancy of', a. Existing use and occupancy Anises and inte~ed use and occupanc) ~ /, '/.:::J'h-7 /;jr proposed construction: b. Intended use and occupancy )~ !~:1 / ~ 3. Nature of work (check which applicable): New Building Addition_l/ Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost 5 () OlD f) / 5. If dwelling, number of dwelling units If garage, number of cars Fee I (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. '12r::?'\ I ( 7. Dimensions of~i~g ~ructures, if any: Front ~ Rear ~ Height ~ Number of Stories '2.-. I Dimensions of same structure with alterations ,or addit~s: Front 3 7 Depth . "be;? ( Height -'7 :;z I Number of Stories -?. ( ( 8. Dimensions of ent~ne~onstruction: Front :/D Rear?:tr> Height .;~ 1( Number of Stories / //7 ( I / I ; 10.[; Rear 10tO Depth I?+-.M 3SJ Depth ~71 Rear -.,; 'Z- Lj{!) / Depth I C2 9. Size oflot: Front 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated 72.:-f D 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO ~ 13. Will lot be re-graded? YES_NO L/\Vill excess fill be removed from premises? YES V'No ~ Phone No. Phone No Phone No. Address Address Address 14. Names of Owner of premises Name of Architect Name of Contractor 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. Is this property within 300 feet of a tidal wetland? * 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 ~P(-b\ t:L L/~ 7& c:/f7. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, k~. (Contractor, Agent, Corporate Officer, etc.) (S)He is the of said owner or owners, and is dnly anthorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this :~,\ day of (V\c.rc~ f~L/ Notary Pnbhc 20 QUi {~~t Signature of Applicant ~AlkILIA WAkNI:.H Notary Public, State of New Yo", No.01WA6140448 , Qualified in Suffolk ~ IiPmm,,,qn Ppi,.. January 31bZ(l1 a lr'~r \ / ~Y- (~ \ . . 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 South old ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 SEP .2 2 ?c,aD 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) Manos, Peter & Arlene Klein, Geri Armine 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 Romanelli Brothers Perry, Richard & Kim Pollio, Anne Ekster, Lawrence & Ann Deegan, Francis & Nancy Bissett, James III Sutton, Alexander & Tracy Sullivan, Robert & Jackie Municipal 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) 853-4044 e -2- e: Latham, Stephen & Joan Fitzgera]d, James Constantino, Ra]ph & Carmela Mascia, Philip Thermos, Barbara Gonza]es, Joseph A]brecht, Scott & Wendy 5904 5905 5908 5899 59]0 59]7 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 ]5 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 Sfs Christopher S. Wrede Environmental Planner CSW:cc 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) 853-4044 (1) \/t- // ,/ DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE, NY 11935-0876 FAX 631-734-7702 SEP :1 () 2006 631-734-6648 September 18, 2006 Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 RE: Alexander L. Sutton & Tracy M. Sutton 325 Horton Lane, Southold, NY (SCTM #1000-63-5-17) Appl. #5898 Dear Members of the Board: My clients hereby request that the Board amend condition #4 of its determination dated August 18, 2006 with respect to the above-referenced appeal. Condition #4 states "That electric service is permitted for lighting in the accessory garage." Strictly construed, the condition allows the installation of onlv lighting fixtures. Accordingly, 'we respectfully request that the Board amend the condition to permit the installation of electrical outlets. Thank you for your consideration. Respectfully submitted, . c----- <=-'I~O c-'~ Deborah Doty DD:bdr cc: Alexander L. Sutton & Tracy M. Sutton . . . . TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the (x I Land /XI Building(s) I-I Use(s) Pre C.O. 11- 215894 Date- June 30,1987 located at 325 Horton's Lane Southold Hamlet 063 . Block 05 Street shown on County tax map as District 1000, Section , Lot 17 , does(not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; front yard set-backs On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming eX! Land f~..1 Building(s) /".:JUse(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains two-story, one-family, wood- framed dwelling, with attached porch; one story addition Building Permit 72512 and CO 210349; an accessorr garage; situated in "A"-Residential-Agricultural Zone with access to Horton 5 Lane. The Certificate is issued to Robert Brown (o,vner. lsSE8€1 SF te1'18.Rt) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises 1M.S NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code. and therefore, no such inspection has been conducted. This Certificate, therefore. does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. v:~ cL~"'~_m__ Building inspector . ,,:"7. ~ . FORM NO.4 , TOWN OF SOUTHOLD , BUILDING DEPARTMJr-lt Town Clerk's Office Southord, N.Y. . ,.....,,,,,..p... , Certificate Of Occupancy No.. .7,. ~Oj49....... Date.... .<!?~~l~ry-. .1.~~.............., 19..31 I THIS CERTIFIES that the building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'125 Ho'ctOl1 LanE', Southol.d, N.Y. LocatIOn of Property Ho';... IV'; . . . . . . . . . . , , . . . . . . . . . . . Streei . . . . . . . . . . . . . . . ~. . .. .. H.,~lei County Tax Map No. 1000 Section ..... .0~. . . .Block .... .'51 . . . . . . . . .Lot . . .. . ? . . . . . . . .. . Subdivision, . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .Filed Map No;. ....... .Lot No. conforms substantially to the Application for Building Permit; heretofore filed in this office dated 11:lY 14 19 714 t t hi h B 'ld' pi 't N 7251 Z . . . . . . . . .." .... ,. . . . . . , . . . pursuan 0 weill lUg :emu 0..... . . . . . . . . . . . . . . . . . dated.. . .M~y. .-;l"..., , .. ...... , ..19 .7!J., was issued, an'd conforms to all of the requirements of the applicable provisions of the law. The occupancy for which Ithis certificate is issued is . . . . . , . . . , .............. . MfUi;j.pTJ. :~9, Px:.tY!l:1<E? .9r.~ .~?l!1~.:i;~.~,,:~~~.:,.~........ '.......... Tl t'f' t .. d t Raneri: Brown ; Ie cer 1 lea e IS ISSUe 0..,.......................... ,I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner.~"4lOt of the aforesaid building. I N/R ; Suffolk County Department of Health Approval .. . . , . . . . . . . ',' . . . . . . . , . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . N. :r? flJ.7. . . .. . . ..:. . . . .. . . . . . .. . . . .. . . . . . . . . . . . ,...!" , ~' o . , < . .c..~... .,;Q:~ik.~.......... , Building Inspector R.v 4f19 .~ ".l > j;" " " ..~-,.:_j:~', i:,.i> ~..;.l:-Jj.j .iA--iI"..;tk .~.I< ~i .....4.!_ ;is . . FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Offj_ce of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANcY No Zl?l?4 Date AUGUST 12, 1966 THIS CERTIFIES that the building ADDITION Location of Property 325 HORTONS LANE House No. Street SOUTHOLD Hamlet County Tax Map No. 1000 Section 063 Block 05 Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 7, 1988 pursuant to which Building Permit No. 17222Z dated JULY 1B, 19B8 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to ROBERT W. & CAROL R. BROWN (owner, XXXXXXXXXXXllXX) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT 'JF HEALTH APPROVAL NIA UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED NIA U~cy (G.u.J~ ' Building In ector Rev. 11B1 .. . FORM NO. 4 . TOWN OF SOUTHOW BUILDING DEPARTMENT Office of the Building Inspector To...n Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22311 Date MAY 11, 1993 THIS CERTIFIES that the building ADDITION Location of Property 325 HORTONS LANE House No. SOUTHam, N. Y. Street Hamlet County Tax Map No. 1000 section 63 Block 5 Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated_ APRIL 23, 1993 pursuant to which Building Permit No. 21367-Z dated APRIL 27. 1993 was issued, and conforms to all of the requirements of the applicable provisions of the la.... The occupancy for which this certificate is issued is SHED ADDITION TO AN EXISTING ACCESSORY GARAGE AS APPLIED FOR The certificate is issued to ROBERT W. & CAROL R. BROliN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - MAY 3, 1993 PLUMBERS CERTIFICATION DATED N/A A; ),;t.~,o" Rev. 1/81 --,-,., .. . .....' .....~'~~""="""'==...C>..O~'~.' . '.""'~"" . FORM NO. 4 . _ ,!;.:,.,-",-",=-"---"-"---,,.'-,,,-,,---,--,,,--,='_c.>""'-"~~'~"m~~"_..' TOWN OF 1';OUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28027 Date, 10/24/01 nus CERTIFIES. that l:he building ALTERATION & ADDITIONS Location of Property: 325 HORTON (HOUSE NO.) County Tax Map No. 473889 Section 63 LA (STREET) Block 5 SOUTHOLD (HAMLET) Lot 17 Subdivision FHed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dal:ed JUNE 23,2000 pursuant to which Building Permit No. 26697-Z -- dated AUGUST 2, 2000 was issued, and conformElto' all of the requirements of the applicable provisions of the law. ~~e occupancy for which this certificate is issued is ALTERATION, ADDITION, AND DECK ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ALEXANDER L & TRACY M SUTTON (OWNER) . of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A BLECTRICAL CERTIFICATE NO. N 562815 07/03/01 PLUMBERS CERTIFICATION DATED 06/20/01 MULCO PLUMBING & HE:ATING Rev. 1/81