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Home My WebLink About5961 O/c.,lcR-S~) Gi.EGo.e.l q.-l{~&~__ .~~~_JjJ~.,~ckb.-"t..e 7;--)~ Ie.. " /"'3 Qi2 eX' , -)~;ff/P/ - /t'O'D/tJ.i...1 75 E'/57;,,)~ ?:JtiJEJJ..,i)G Y" ~",o^>or I~~ ~ot)1j M~ ';2 f/</ .s~7J~ ::5\.;5/3' FV5t?J.,...- .L.tJ-jC()t/f:5e.A~;G . ...di" 4) Q I /} LI I '>.5 / // ,~ '7 ~'J/ O~, If . TI t<J/{!$J)V , /l)/6Jv/J / ~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . Mailing Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold,NY 11971-0959 Office Location: Town Annex /First Roor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZB File No. 5961 - Greg and Deborah Dickerson Property Location: 780 Marlene Lane, Mattituck RECEIVi:D "'rf<-.t...- J/ .'<f-' Ilm 1I0V 2 FINDINGS, DELIBERATIONS AND DETERMINATIO~'", L ->11..1 /') r..# ~ MEETING OF OCTOBER 5,2006 '-~(ftfl ~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 CTM 143-2-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 10,875 square foot parcel is improved with a single- family, one-story dwelling, as shown on the June 5,1991 survey prepared by Peconic Surveyors, P,C. BASIS OF APPLICATION: Request for Variances under Section 100-244 (280-124), based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval concerning a proposed garage addition, a second-floor addition with a setback at less than the code-required minimum of 10 feet on one side and 15 feet on the other side, resulting in a required combined side yard total at 25 feet, and proposed porch addition at less than 35 feet from the front lot line and swimming pool, which calculated a lot coverage in excess of the code limitation for a 20% maximum. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on 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 applicants wish to construct additions and alterations to an existing one story dwelling by adding a second-story to the existing dwelling, adding a new deck at the rear of the home, adding a covered porch at the front of the dwelling, adding an open deck and garage additions. The variances requested are: (a) lot coverage increased when a swimming pool is proposed in the rear yard for 21.29% lot coverage total with all new construction; (b) a new porch addition will reduce the front yard to 33.18 feet at its closest point; (c) the side yard setbacks for the principal building with new garage and second-story will be 10.73 feet on the north side and 10.43 feet on the south side; (d) the total side yards will be 21 .16 feet instead of the code required 25 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: I. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are in need of more living and storage space, and the property is only 10, 875 square feet. The immediate neighborhood consists of several two-story homes with varied . I Page 2 - October 5, 2006 ZB File No. 5961 - Greg & Deborah ickerson CTM No. 143-2-21 . front and side yard setbacks. The lot coverage request is modest with an increase of 1 .29% over the code limitation. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicants to pursue, other than an area variance. The property is less than 11,000 square feet in size and has a width of 75 feet, and the dwelling is only 1128 square feet in size for living and storage area. 3. The variances granted herein are substantial. 4. The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in this residentiai community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and a swimming pool, 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 Weisman, and duly carried, to GRANT the variances as applied for, as shown on site plan dated 9/05/06 prepared by Young & Young and Diagram A-1 dated 9/05/06 prepared by Young & Young subject to the following Conditions: 1. That the lot coverage shall not exceed 21.29%. 2. That the side yard not be reduced iess than 10 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 properly 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 Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). (7 m n. ,.. lJe,aiL>~ , ~ Ruth D. Oliva 10/30/06 Approved for Filing E'(\~ ~0(((I 00. 'f!. o( ~. ~ :<.ef) (\0 ~o(~ (>V'OII'- v'fJ (j(E'-.) v<1'" \\I"~ (0"'& sc.HEDULE OF DIMENSIONAL. RE6ULATIONS 1<.-40 II " LOT COVERAGE EXISTIN6 HOUSE . 1,18950. FT. ~ . ~ . 4 o ~ N 0, 8 ,. ~ ~ = N 0, 8 N " 8 ,. . ~ ~ ADDITION TO EX. HOUSE PROPOSED 6ARA6E PROPOSED DEGK PROPOSED PORC.H PROPOSED POOL (\E'\\ 'vO('\ ""E'( \ ~ ,,(\E' 0 "0(1' . 6.((1"" 0(' P>.,(\(\"' ) 'f!. 6. r' :<.ef (\0 E'\\ 11'- v'fJ 0, VO(\(\ v<1'" (>V'O ,-,plt,,'(\E'( ~^ \II~ '" (0. ,-" (0"'& "E'\~(\ ~o.'f!.o. E'(\~ e ~O(((I~ 2nd "TORY ADalnON. -:> ~ \ (' lk '. '" . 21 SQ. FT. . 415 SQ. FT. . 295 50. FT. . ISO SQ. FT. . 905 50. FT. SEP 5 ZOOf) TOTAL. 2,515 50. FT. 2,515 SQ. FT. 7- 10,815 50. FT. . 21.2"1% " ~ . \ , , \ ''o/J,'e ~.1-0 ~t1 ~ ~ ....~ Q 'f.\~' (jf # I.::J ~~'$ ~-(f;8 ,/' ....~~ "t. ../~ ~ / .....-~...... :J.\.;'..../.....-- b\~'t ...--.......... PRCIPO!leO / OI!GK !3 r;; ~ E'(\~ ~ 0(((1 '<,,'(\E'( .M O( (jV(\ 0" ". 1>" (\ E'(" '!IE'('<> y..E'('O 6. O'f; v<1'" &\II~ :<.ef) (0'" 11'- v'fJ (>V'O , \ -------- -------- E ~ -------- E'(\~ ~ ~ ~ ~O(((I \0 6. S! O( (?O 8 (\o'f!. '(\E' f>'l ?O\O N (((1\ ,..r on vo. . O(\E' ~~'" 0 & '01 &\II~ :<.ef) (0'" 11'- v'fJ ~ ~"'O -------- ~ ~ ~ -------- ~-------- (\~ ~ O(((IE' \\0E'( 'f!. o( ~ ~\C;'f.f).~0\\0E'( (\0 V. ~\C, 01t,,0(\\E'~E'~ V. v<1'" ~(O(\ ",&\II~ :<.ef) 6. ~ (~II'- v'fJ , , \ l,QT - . L.OT I"tIOTH I.#r_~_ . ~ HEI6HT OF ReSIDENTIAL. SUII...DIN65 " "'-:"'.i1l!!>'tII f SiDe y' ARD Y"iIOTH ~~""".I'lUrnl' SlOE: YARD AeUTTIN6 SIDE STREET "".;t't';__ , , \ ~ " m Q ~ g ~ NOTES AREA = 10,815 50. FT. . YERTIGAL DATUM. N.6'v' DATUM (M.5.L. 1"12"1) I=~:~~ c::J . MON.JtEN'r 5ET . . MON./I'ENT I"Ol.tlO .&.. STAKE SET .&. 5T~ FOUND C..CHIM\IE"r' RO-ROOFO"v'Bt. S_STooP c.e-c.EI...LJloREN'T'RANC.E N w ~ .~ I '''i;' !l::: " '~'..'.~ ""'ill r ~ ~ E s (5 \. '5 ~ 1- <;- ~ % '" " ~ ~ . ... '/, 1,~ "'i ~ ....... -4Q,poQ $.1". MIN. ISO' HlH.j'1!J' MAX. 9$' . MIN. 6<>' MIN. SO' .......~. MIN.bO' MlN.~ MIN. ". MIN. ;3' MIlt"" Young & Young 400 Ostrander Avenue, Riverhead. New York ff901 631-727-2303 Howard W. Young. Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuht, Landscape Architect Dougl.a8 E. Ada11l8. Professional Engineer ~!l11 g~R~ !I~i ~.~~ ~iira 9- ! ' ~~!!i o HEALTH DEPARTMENT USE .1 ~ S~ .1 ~!il~ d! ~$15 II~I ~~ii! ;~'i . ~~;~ ~;~I h~ ~~; ;~;: ~!i~~ gi1e ei ~ . SURVEYOR'S CERTIFICATION iJ,wPlJLIA(. o a ~;I. ii~ti ;i;; i!S~~ "~I- i~ HOY'<ARD ~. YOUN6, NY.5. L.5. NO. 458"13 o SURVEY FOR 6RE6ORY' DICKERSON . DEBORAH DICKERSON At Mattituck, TOl/lln oil Southold Sullllolk Count~, Nel/ll York c.ount~ Tax Mop Oi.'rk' 1000 Section 143 Block 02 lot 21 I BUILDIN6 PERMIT SURVEY ~ilB i'~" ~m !i~! ;~i! ~I:i 1-;1 o MAP PREPARE!:> SEPT. 5, 2006 ._,..1JLY 9,2006 @i<=~ ~~"~ d~~ ;i!I~ ~~"t; il~~~ ~8;; SCALE, 1"=90' ..JOe NO. 2006-02"10 D~.2006_02"10_bp AUG 3 1 Z006 BP . #- . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 28, 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, SEPTEMBER 28. 2006: 2:10 P.M. GREG and DEBORAH DICKERSON #5961. Request for a Variance under Section 100-244, based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval concerning, a proposed garage addition and second-floor addition with a setback at less than the code-required minimum of 10 feet on one side and 15 feet on the other side, resulting in a required combined side yard total at 25 feet, and proposed porch addition at less than 35 feet from the front lot line and swimming pool, which calculated to a lot coverage in excess of the code maximum of 20% for all construction areas. Location of Property: 780 Marlene Lane, Mattituck; CTM 143-2-21. 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: September 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #8037 SEP 1 9 2006 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14th day of September, 2006. Sworn to before me this 2006 ~(Qr~oQ Principal Clerk 14 day of ~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF N~W YORK NO Ol_V06105JIiU QUOIl"~d In Suffol~ CO"~~V 2008 CommissIon Expires FebruOT'Y ' f:J- tfo.-'.\-'! - 1~ ~~ ~, \J .'V' \j 1 V ~~\~ / <\ \,>(0 ;r /~' J ;" t[J l ')FP I lj 200h LEGAL NOTICE PUBLIC HEARINGS SOUTHOLDTOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 28, 2006 NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Zoning Code Chapter 100 (renum- bered chapter 280), Code of the Town of Southold, the following public hearings will be held by the SOUTHOLDTOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Po. Box 1179, Southold, New York 11971- 0959, on THURSDAY, SEPTEMBER 28,2006, 9:30 A.M. HOWARD S. and VAL- ERIE MICHELSEN #5957. Request for a Variance under Sections l00-242A (ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on the Building Inspector's August 1, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling which will increase the degree of nonconformance when ]0- cated less than 35 feet from the front lot line, at 860 Rabbit Lane, East Marion: CTM 3]-]8.18. 9:35 A.M. EDMUND 1. and MAR- GUERITE GIORDANO #5950. Re- quest for a Variance under Section 100- 244, based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed addition and al- terations to the existing dwelling with a front yard setback at less than 40 feel, at 60 Case Road (and Bay Road), Cu- tchogue; CTM 116-2-16.1. 9:40 A.M. FRANK ORITO #5954. Request for a Variance under Section 100-244, based on the Building Inspec- tor's June 9, 2006 Notice of Disapproval concerning a proposed addition to the existing dwelling which will be less than 50 feet from the rear lot line, at 2420 Stars Road, East Marion; CIM 22-2-18. 9,45 A.M. MICHAEL and KATH- RYN RUSSO #5955. Request for Vari- ances under Sections 100-244 and 100- 33, based on the Building Inspector's August 1', 2006 Notice of Disapproval concerning proposed additions and al- terations to the existing dwelling, and relocation of an existing hot tub and shed structures. The front yard setback will be less than 35 feet, and the accesso- ry structures will be relocated to a side yard, rather than in the required rear yard, at 775 Oakwood Drive, Southold; aM 90-4-22. 9:50 A.M. PECONIC BAY MATE- RIALS #5940. Request for a Special Exception under Zoning Code Section 100-81B(2) to convert the existing use from a landscape contractor's yard ap- proved under ZBA No. 5365, to a con- tractor's business and yard, at 260 Cox Neck Road, MaUituck; CTM 113-14-10. Zone District: LB Limited Business. 10:00 AM. MARY McCABE #5799. Request for a Variance under Section 100-33, based on the Building I nspector's August 17, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the required rear yard, at 250 Anglers Road (and unimproved right-of-way known as Mcadow Lane), Greenport; CfM 36-2-20.1. 10:05 A.M. CUTCHOGUE-NEW SUFFOLK FREE LIBRARY #5945. Request for a Variance under Sections lOO-242A (based on ZBA Interpreta- tion No. 5039 in the Walz Application) and 100-244, based on the Building In- spector's July 14,2006 Notice of Disap- prova] concerning a proposed addition and alterations to an existing library building for the reason that there will be an increase in the degree of nonconfor- mance when located at less than 40 feet from the rear lot line, at 27550 Main Road, Cutchogue; CTM 109-6-2. 10:10 A.M. DAVID SCIACCHlTA- NO #5953. Request for a Variance un- der Section 100-33, based on the Build- ing Inspector's July 21, 2(X16 Notice of Disapproval concerning a proposed swimming pool in a side yard and with a setback at less than 20 feet from any [at line, at 755 Harbor Lane, Cutchogue; CTM 97-6-8. 10:15 A.M. THOMAS E. and HEL- EN K. FOX #5952. Request for a Vari- ance under Section 100-244, based on the Building Inspector's June 5, 2006 Noticc of Disapproval concerning a proposed deck addition at less than 35 feet from the front lot line, at 365 Free- man Road, Mattituck: CTM 139-3-38- 10:30 AM. HOUSE OF DAIGE #5926. This is an Appeal: (1) request- ing a detennination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions applied for (by a prior owner) and granted Sep- tember 29.] 969 under Appeal No. 1290. The application dated 1969 request- ing a split of the property, allowing the 6,000 square foot portion to be used as a garage, as an accessory to their home across the street, and with the remain- ing portion of the land (adjacent dwell- ing now or formerly of Hoffman - CTM Parcel 52-3-14.1.), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a proposed dwelling, after removal of the existing garage, at less than the code-re- quired 25 ft. minimum side yard setback. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. m35 A.M. DAVID G. HOFFMAN #5927. Request for a Variance under Section 100-33, based on the Building Inspector's June 7,2006 amended No- tice of Disapproval concerning a pro- posed accessory garage in a front yard instead of the code-required rear yard, at 1275 Ruch Lane, Greenport;CTM 52-3-14.1. 10:45 AM. GLENN and KRISTAN BURLINGAME #5942. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's July 3, 2006 Notice of Disap- proval concerning additions to the ex- isting single-family dwelling which will increase the degree of nonconformance (interpreted under ZBA No. 5039 in the Walz Application), wben the new construction is located less than 40 feet from the front lot line. In addition, the as-built deck is less than 40 feet from the front lot line. Location of Property: 2395 West Creek Avenue, Cutchogue; CTM 110.2-8. 10:55 A.M. PECONIC LANDING, INC. #5949. Request for a Special Ex- ception under ZONING Code Section 280-228(4) for approval of conver- sion of the existing building, in part for apartment, offices and space for public events, at Brecknock Hall, 1500 Brec- knock Road, Greenport CIM 35-1-25. A Notice of Disapproval was issued March 9,2006 by the Building Inspector indicating a Special Exception approval is required from the Zoning Board of Appeals, and site plan approval re- quired from the Planning Board under Section l(Xl-31 B(16). 11:00 A.M. (Reserved for PH carried from last hearing calendar): K. GARIP- IAN #5931 11:05 A.M. MARGARET TRAVIS RADACINSKI #5943. Request for a Variance under Section 100-231, based on the Building Inspector's July 10, 2006 Notice of Disapproval concern- ing a proposed fence which will exceed the maximum height limitation of four feet along a fran, .d, at 69435 c.R. 48, Greenport: CTM 35-1-8. U]() I'M. ANDREW ANSELMO and VERA ANSELMO #5921. Re- quest for Variances under Sections 1 (Xl- 31 and 100-33, based on the Bui]ding In- spector's June 6, 2006 amended Notice of Disapproval concerning applicant's submission of a request for a building permit to re-build an existing accessory non-habitable barn: (a) for the owner's private accessory music workshop with bathroom and related music and game room activities, and not as a dwelling; (b) for a height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet the property [inc. Location of Property: 31605 c.R. 4H, Southold; CfM 74-1-23. 1:15 PM. (Reserved for PH carried from last hearing calendar): J. SHACK #5933. 1:30 P.M. KENNETH GLASS and LAURIE RAFKIN #5951. Request for a Variance under Section 100-244, based on the Building Inspector's July 31,2006 Amended Notice of Disapproval con- cerning a proposed deck addition with hot-tub. which will exceed the maxi- mum permitted lot coverage limitation of 20%, at 1710 Minnehaha Boulevard, Southold; aM 87-3-52. 1:40 P.M. JOE BAJADA and LOR- RAINE BAJADA #5944. Request for either Plan A or Plan B. Variances are requested under Sections lOO-31A and 100-244, based on the Building Inspec- tor's May 9,2006 Notice of Disapproval concerning the proposed demolition of the existing nonconforming building and to construct a new nonconforming (second) dwelling. The reasons stated in the disapproval are that under Zon- ing Code Section 100-3 lA, only one dwelling is permitted on each lot, and Section 100-244 requires a minimum single side yard at 15 feet. Location of Property: 7972 Pcconic Bay Boulevard. Laurel;CTM 126-1]-16. 1 :50 P.M. JOHN DILLER #58H4. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's February 8, 2006 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and setback is less than 75 feet to the bulkhead. Location of Prop- erty: 60 Great Peconic Bay Boulevard, Laurel;CTM 145-2-1.2. 2:00 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 100-31B, sub-section 13 of the Zoning Code to establish Ac- cessory Apartment, to establish an Ac- cessory Apartment in the existing dwell- ing located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. 2:10 P.M. GREG and DEBORAH DICKERSON #5961. Request for a Variance under Section 100-244, based on the Building Inspector's August 22. 2006 Amended Notice of Disapproval concerning. a proposed garage addition and second-floor addition with a sethack at less than the code-required minimum of 10 feet on one side and 15 feet on the olher side, resulting in a required com- bined side yard total at 25 feet, and pro- posed porch addition at less than 35 feet from the front Jot linc and swimming pool, which calculated to a lot coverage in excess of the code maximum of 20% for all construction areas. Location of Property: 780 Marlene Lane, Mattituck; CfM 143-2-21. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness 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: September 12,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski R037-lT91l4 ,/ t L,' , .. . FORM NO.3 NOTICE OF DISAPPROVAL DATE: June 21. 2()()() AMENDED: August 22, 2006 TO Greg & Dcborah Dickerson no Marlene Lane Mattituck. r;y 11952 AUG :~ J. 200~ Please take notice that your application dated June 16, 2006 For pemlit I'm additions and alterations to an existing dwelling and construction of a new in-ground swimming pool at 1.oeation of properlY n() Marlene Lane. Mattituek. NY County Tax Map No. I OO() - Section 113. Blockl Lot 21. Is retumed hcrewith and disapproved on the following grounds: The prolli'sed construction. on this non..confOnlling 10,875 square foot parcel iQ the B,gsicl:;ntial R-40 District. is not pemlitted pursuant to Article XXVI. Section 100-244. which sWtgs that ll()n-cQnforming lots. measuring less than 20.000 square feet in total side. require a minimum front vard ~:;lhack of ~:l feet. a minimum single side yard setback of 10 feet. a minimum total side yard setback 01'25 licet. and a total maximum lot coverage of 20 percent. Following the prQQosed construction. the dwelling will have a front yard sethaek Qr.f-/- 3;.9 feet. a single side yard sethack of +/- 9 feet, a total side yard setback 01' +/- 20.3 and total lot covera!!:e of 21.29 percent. 1jJ ------ . Authorized Signatur CC file. Z.B.A. '<otc to Applicant: Any change or deviation to the above referenced application may n,quire additional review from the South old Town Building Department. ------ (Ir~' . ill') h For Office Use Only Fee: S~ Filed By: . Ore... I r ~ Date Assigned/Assignment No. \11.)- 'J &: ( Office ~otes: 'if:P !, 7nm. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 780 Street Marlene Lane Hamlet Mattituck SCTM 1000 Section 143 Block~Lot(s) 21 :oF Lot Size 10,875 Zone District R40 ~ 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: August 22 I 2006 (!., .::.:> <0" Owner as Applicant: Gregory & Deborah Dickerson Mailing Address: 780 Marlene Lane, Mattituck, New York 11952 Telephone: (631) 252-9520 Fax: :'iOTI<:: If applicant is not the owner, state if applicant is owner's attorney, )lgenl, architect, builder, contract vrndee, etc. Authorized Representative: Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: IJ Applicant/Owner(s) iJ Authorized Representative n Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: June 16, 2006 i){Building Permit "Certificate of Occupancy D Pre-Certificate of Occupancy 1- Change of Use '~ Permit for As-Built Construction "I Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI Section 100- 244 Subsection 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. U Interpretation of the Town Code, Article Section J Reversal or Other A prior appealU hasXl has not been made with respect to this property UNDER Appeal No.~Year .. .. Page 2 Owner: Gregory Dickerson REASONS FOR APPEAL (additional sheets mav be used with applicant's sil!nature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The neighborhood of 1 family dwellings of 1 to 2 stories will not be affected since the proposed house with variance is similar to others and neighboring properties have similar yard setbacks. (2) The henefit sought by the applicant CANNOT be achieved by some method feasihle for the applicant to pursue, other than an area variance, because: The attached garage can not fit any other place on property. The proposed location conforms with existing driveway curb cut. (3) The amount of relief requested is not substantial because: Sideyard setback complies with minimum requirements, but not with combined sideyard (total ~ 21.16 <: 25) (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Other neighbors have similar setbacks and garage sideyard meets minimum 101 requirement. (5) Has the alleged difficulty been self-created? QC)Yes, or ()No. However, siting of existing house does not facilitate adding an attached garage without zoning relief. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) 11<' ^ lJSE VARIANCE IS BEING REQUESTED, AND PLEASE CO\1PU:TE THE ATTACHED l:SE VARIANCF. SHEET: (Pleas!.' he sure to consult your attorney.) A Sworn to before me this 5 day of ,~eP r-;20t2iL-. d'~!1I{~1 /11/111 . t ry u1)hc (;'~ . \, ~ / ..... t / /(:""j , ,Ul~rJ D< N<:,J..f:.200L_ Signature of Appellant or Authorized Agent (Agent must submit written Authori7.Rtion from Owner) No-rARy~~~F~~OWA'."V' 11: . co?ii:i~;;g~ ~~F)FFOLl~ v"~ -I~N ~0,' OV~..20' - SEP , " IOOh N01ARY~" kOwAlSl(J Ie, STATE OF au;" "~/E~~.';2-4624771 NEW YOR/( COMMISSION i)J,UFFOlK COUNTY IRESNOV 30, .204 .. .. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Gregory Dickerson Date Prepared:___~_~_ I. For Demolition of Existing Bnilding Ar... Please describe areas being removed: Metal Shed located in rear yard II~ New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 12.85' x 32.1' garage, 6.5' x 22.92' co""rpd porch, 24.2' x 10' Dimensions of new second floor: irreqular 34.2' x 40.3' with attic over qarage deck Dimensions of floor above second level: Height (from finished ground to top of ridge): 26' -6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Onl V garage, existing first floor to remain III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) ~ Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single story residence with three bedrooms, one bathroom, kitchen, dining and living rooms. ~..~ Number of Floors and Changes WITH Alterations: Two story residence, one bedroom, bathroom, den and qreat room on first floor. Two b~dronms, two h~th~~nmR ~nd laundry room on second floor. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your propp""': 1, 183 SQ. ft. Proposed increase of building coverage: 1,132 SQ. ft. Square footage of your lot: 10,875 SQ. ft. Percentage of coverage of your lot by building area: 21. 29% with inground swimming pool ,j V.Purrose of New Construction Requested: __' __ garage. and stor~e, in-qround To create more swimming J?Ool. livinq space, storage. VI. Please describe the land contours (Oat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code reqnirement(s): The land is flat and presents difficul ty. no ..--~- 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 SEP . !C;oco-/L/a OWNER J -.) TOWN OF SOUTHOLD Pl(OPERTY RECORD CARD /1 ~C:,. STREET -? r:i;'-, ,~CA>>~ 1)/, "',, ~ /, - .1 ,'_ . '\ _ ',1";",' . ',.ft .,' I - . I~CL~ I' (/l- d tt,.. ,'.--'--(.- j, , VI r(____ WNER' I N (), . I E~,. ' ! W ^ .y..A..../vt~i~__,t/ . /;, '--::,1j> /" .~l'.. ('\0...........",_~' , ,I S /,' .A' i W " ' :5i 0, (Y/1A.o , i 1f)',.J /1:. I~'),:) ._ C".----:=__:::-::==~__::_'_,,_:-:_'_~~c~___,___~~~~- - - --~: I FARM, COMM i IND, I I ' VILLAGE DISTRICT SUB. LOT If IMP. --~ )~ ~11l1lLR.' i Est. Mkt, Value ~ 'I" ' -, ~ r. / , 0 "3'7 ') ---- .- 1C) .(r~.".A/l .t./f'rr:. ;1/7D T;:5 I,' 'r"; 3 ,,' ~ 89b i)Cj44 LJ 001- Il'\(hhier( ErA).f>.." niCS h,-er ~ Ano tile.. -~ (1 . '~ " /,;r./ J1j'D 2/j 0 C1 1,17 (,1:" '-l-.\1~9~f4-ql-\lLo~<f -10 o,ctu?on?4,;" I ~ /' ;::/;" ~ ',J T '~jl 'J · Q!2-F,flk.,-w,C, :::! ';'2-1l.~r 'i 7l--1~ij7~ -..:uP J.o~7...,.. C;;;<;;;Lf;:~IQ'" om- v Nb. :,l, >-.ey . ACREAGE de;- I TiPE OF BuiLDING 1 I i CB. I MIS~_ LAND TOTAL DATE '" "'...-- ( , 3 Ol? 5eO ~oo :z. / tJ () 2 ;Zoo yl./o t' , -~ r c" ":: /') 2, I 0 a. AGE NEW NORMAL BUILDING CONDiTION BELOW , ----r - ---. ABOVE ~ FRONTAGE ON WATER _ ,~ _ J/;l. 1/ Value~ FRONTAGE ON ROAD__ 7L_~) /...l ,_.:.. c1- 7 - !14 :il _ BULKHEAD _.._----~--------- - ----'-- -- -- , DOCK --- -- .' - - - -".--- -- .---;7'/"-. ---8-, _,_.n~,-:::- --------.. ( r'S n __, .... f\J-O-," \.e _~n__ ~_____n__ "- " --.. ./ --------=-":::-- - ~ ~--_.__._.. ,----- - /..------- -- .---_..__._--._.-._-,--_.~....-_.--- Farm Acre --+ Value Per Acre ~:~:::-i+- -=-=~ -----~ - ----+-- ----+--- Woodland I I _.- _.~..,--_.I------ --,..--.--"--- _! _____ __n_ __ n..___ -,t- u_'__ Brushland___ ____ ---t--n---- House Plot : -t--- , Swampland t Total -I '---r--- -... - t--- -- ni _J 1 --1- I ' .+~-----, ! : ' ; I I ! ...... , J.~'II Ii . . .1 ~, l-~':ill !. . 4<J~' : I i If I ' '" LE- f ..1 I , '-' I : 7-r:uo" ---' I ~(;j /;I-:z~' :sJ '\J ...8 !J. ~ "-"-Ie''';-_,. -----r-- - I I __-----i----.-._+_____'__ 't W() ! , . , ~---r~ , I ~ M. Bldg. 17.) I ;, ~ f Vu ---_rft7 I v/:f ~t! I Foundation J--- ') ,) ri ! Bas~ment !! ; Floors <~7 I ~ .~. n _+----'---._,.._______ I - ' , i ! F' - h I r J .J V i L! .. /" :}, tlnterior InlS ~_A~I--'~j,----________ ~ . , l IV C. IHeat___1_f-tLtL",--_n ---__~n___ I m~rch .______~of TYP~__+-h4 Rn .. Porch! IRooms 1st Floor . 0 - I .._-~-----~_.___--1~______,-----:--~ I . ---to , . .-J Patio i Rooms 2nd Floor I ____"-__. -+- -JDriVeWay I IDormer J-. I I I _.~.~ i · I 13/'Iul/ Extension : / ,< ,/ ~:' ,'../ -;, ,~, ,: '/ ----,---.--._~.- Extension I , , Extension --~------_...._--_._---_._-----._- I Breezeway I Garage _I I ! I 0, B, ~fH l['#! Bath ..,. ~Ext Walls Fire Place ~ oj g: :{ :. 0 ~ ~ , , , ~ .~ !! II Ii " " r ~ ~ I 1I11 ' , I 1; , , ' ! ~, 1 ~ ! ~~~~~ i ~ ~ ~ ~ " ;. ~ ! I1111 , I ' I E:;iS"S, I" rii~;;: II'i ~ ~ ~~ ~.~ 'I ~! IF 111" 'I/:1 mn = iHi! ~ ~~~~~ = nro ~"-" ::~o nO c: ~= :z ~~ ~ 3. :::1 , ~ 7=_0 ~~ ~ ..,., ",-;<",. (/l ~ lO (FOe ~8. ~ ..,., z < " -<n'O ro~ "t;;~;:><:: e~ x8 ~ "J>~_ -<;rrl;>< (,> ,/ ,:;/ ff ~ ~ ~ i i ~ . . . - ~ ! 0 0 co 0 ~ = C> ~ '=' /' ,/ ,/ ~ \ ", /(/ ,8 /"\"\\ \~ , \\\\\ \' \ ,,\\, "e,' \\,,:' \ ""~ , ' \ \ '0 '", '\. /' ~ \ \ \' \ \y /,/ I \ \ \\" \ \;.. ).?Y",,< if I \ <t \\,:, \\\ 'y;/ ;..'/'\' \ .",.' \,\"y "",///,~/.,(", \\" '. \' \ \ 'v: y \^\ ,,\\\ "\ \ ~~<"""<" \i\",f" '" \\",\,;tZii,~~',',',:,",\', ,)" ,^\,\e \~ '\ \ \\ \,)/ ,/ / \ \/\ ~ )/ee , ,~<\" "~I i\ \'" \,.' ,. "",/",,'<,,', \/ \' \\II!~.'\ ,//" ' <:\.\ :\/1 \\ / if ii (e ,,' / I ! I, I, I 1I11 I ,'" ,,/rJ", jl ( / / \"'!\./ ,t---"\. c"~ -::;~ ::: ~Jv-J ,\: \to \ ~ ~ ~ ~ ~' ~ (\. -L ~ :::~=f;~ ~ t~' (jJ\JvWW''''' \l.' \ \ \ \ ~ I"'" I z,'l. ~ l; 'vv '- '--.." I , \ \ \ \ _ "'-. ll...J {..lv;::'lJjG~ l 'j-J':: 0) ~ 15' \....-c' '-'\r1 ~ t: l '" S- ~ l,!! G'~~~.~O I~ TOWN OF SOUTHOLD . BU!LDIlWG DEPARTME TOWN HALL . SOUTHOLD, NY1l971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/Southold/ ." B~ING PERMIT APPLICATION CHECKLIS" . 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. 7?o /17lArkAt!" I.."" rJ1...-i+,.J..""J.,J1/,'Y. //75A ~one: 0<.98- 9733 PERMIT NO. Examined Iff! ,/~( I Approved t.. ,20 20-? '- Expiration /~;-- <? .~\. "7 \"" ,.,. -\ Disapproved ale .~c., ~..../ \';' ---- $;' , ^ j$~ \ '0 \ ,.-----" )APPLICATION FOR BUILDING PERMIT Date 6/;G 20 0 b '- \, ~/ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 s'"ts 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 the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ,(f)'pj~ --I, :a2:/'h n.-?...'J't (Signature of applicant or name, if a corporation) ?'6'D /J7c<-/'lene la ne. /J1alf,'hxlc,!J (Mailing address of'applicant) I /'7:; State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Of;.)/I e/' Name of owner of premises A . /'/' . (As on t e tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer ~r> (Name and title of corporate officer) Builders License No. 7203 ;.I.;:: Plumbers License No. Electricians License No. Other Trade's License No. I. Location ofland on which proposed work will be done: 780 /VI"r/e.-ve L.....-v",- House Number Street M.,TT;T",c..k. Hamlet County Tax Map No. 1000 Section 17':3 Subdivision (Name) Block 0 2- Filed Map No. Lot 2. / Lot 2. State existing use and occupancy of prerr. s and intended use and occupancy of 1-. a. Existing use and occupancy $';":3/<<' FA....:ly.,OvJc.l1tnq ,lOSed <;;onstruction: ..... .. ~... . I .~ b. Intended use and occupancy SA'" e.- 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. EstimatedCost $'70.000 Addition V Other Work Alteration (Description) Fee 5. If dwelling, number of dwelling units If garage, number of cars / CA r<. (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. 7. Dimensions of existing structures, if any: Front '10. 2- I Height /3 ' Number of Stories J Dimensions of same structure with alterations or additions: Front .!J- 2. 2. Depth if D Height 2 6' ("PD.) Number of Stories Rear ').l( Depth 3 'I' 8. Dimensions of entire new construction: Front S".).. J. Height .:l. , Number of Stories ;:;l. Rear ~ 3&. /0 Depth 4'0 9. Size oflot: Front 7S Rear /J' Depth I l.( S- 10. Date ofPurchaseJtJl"le IR, 1991 Name of Former Owner , mOI'reF' 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES l NO_ 13. Will lot bere-graded? YES_ NoL Will excess fill be removed from premises? YES_ NO~ 14. Names of Owner of premises Name of Architect Name of Contractor "JO e. A..../o,-o s...... Phone No. Phone No ~'tI;H' M.11..7.....I<- Phone No. ;J."I8 - 81:J ~ Address Address Address 15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES_NO X- * 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) 1 SS: COUNTY o~t-!j) i)(3.l3d~c '/11 j)!,-/~':"'rf:' s '" ,,/ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, co a)He is the 0 .....Ai IV'I:.. Ie c, r::-/-t'<> ......... F (Contractor, Agent, Corporate Officer, etc.) /14 ,..')~ ,; of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this., I' f J/ da. y O.f I~----<- /, /?.' // ( A~""~~~i~A~ 20 11 (, ",1 I j~"J.1 '~A, /"'//'~ -< -'-". Signatur::f ~plicant _7"'---- CI......-.u BURKE No!II)'......_OI__ No.tO ~~ fOuaI~lI'1PV1~Itt'C~, (__'...1o/'?JI'i'V7'.:k--'I'';'/o'.?