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APPEALS BOARD MEMBERS i'' ''
SOF SOUIy- _ Mailing Address:
Ruth D. Oliva, Chairwoman tit• $ QUO ` Southold Town Hall
% 53095 Main Road • P.O. Box 1179
Gerard P. Goehringer # * Southold,NY 11971-0959
James Dinizio, Jr. s H .
Office Location:
Michael A. Simon : ,s �� Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman _(COUNTY '.. •dt� 54375 Main Road(at Youngs Avenue)
•.• •'''', Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS Ru CEI1icD 'Peel
TOWN OF SOUTHOLD / I n2d padf.
Tel. (631) 765-1809•Fax (631) 765-9064 2006
FINDINGS, DELIBERATIONS, AND DETERMINATION 5o'`' n T^ ` :nrk
MEETING DATE: FEBRUARY 2, 2006
ZBA Application No. 5830 (SE)
Applicants/Owners: TIM TRUJILLO and PAULA DANIEL
Property Location: 580 Soundview Avenue, Peconic CTM 74-2-6
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 subject property is a parcel of 30,332 sq. ft. in
Peconic, with 100 feet of frontage along Soundview Avenue West, a rear lot line of 138
feet, and a depth of 298 feet (east) and 267 feet (west) as shown on a survey prepared
by Joseph A. Ingegno on December 12, 2000. The property is improved with the
applicant's shed and one and a half story frame house with as built extensions and two
story attached garage addition. A building permit was obtained for this new construction
on August 13, 2002.
APPLICANT'S REQUEST/BASIS OF APPLICATION: The Applicant-Owner requests a
Special Exception pursuant to Article III, Section 100-31B, sub-section 13 of the Zoning
Code, for approval of an existing Accessory Apartment on the second floor over the
existing garage area of their home.
The Zoning Board of Appeals held a public hearing on this application on January 26,
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:
BOARD REASONS and STANDARDS CONSIDERED
In considering this application, the Board has reviewed the code requirements set forth
pursuant to Article III, Section 100-31B(13) to establish an Accessory Apartment and
finds that the applicant complies with the requirements for the reasons noted below:
1. The Accessory Apartment is located in a livable area not exceeding 994 sq. ft., as a
second-story over the existing garage and extensions. The Apartment unit is less than
Page 2—February 2,200 •
ZBA#5830—T.Trujillo and P. Daniel
CTM 74-2-6
1. The Accessory Apartment is located in a livable area not exceeding 994 sq. ft., as a
second-story over the existing garage and extensions. The Apartment unit is less than
the code's limitation of 40% (at approximately 35% of the existing dwelling's livable floor
area), based on the size of the principal building footprint and new garage addition (total
2,810 sq. ft.).
2. Paula Daniel and Tim Trujillo, the applicants herein, have owned and resided at the
property since October 19, 2000 and will continue to occupy the dwelling as a principal
residence while the Accessory Apartment is occupied by their Mother.
3. The applicants' plans comply with the on-site parking requirements and provide for a
total of three (3) parking spaces, two for the principal use and one for the Accessory
Apartment, utilizing the existing driveway areas.
4. In visiting the premises on January 19, 2005 it was revealed that the interior
contained as built renovations and new construction had been completed according to
the architect's working drawings dated August 8, 2001. Upon request, the
owner/applicants supplied simplified drawings to clarify as built and new construction to
date. The Accessory Apartment is located within the building envelope of the garage and
there is no visual evidence of its presence from the exterior. The overall massing is
residential in scale and character. No exterior changes have been made to the principal
dwelling. New construction includes a first floor mechanical room, laundry room, guest
bedroom, and foyer through which interior ingress from the principal dwelling to the
garage, and stairs to the second floor Accessory Apartment, are gained. The foyer also
serves as the Accessory Apartment's ingress and egress to the exterior. (The foyer
staircase is 3 feet in width, allowing for access to the second floor Accessory Apartment
via the installation of a chairlift should mobility become an issue for the occupant of the
Accessory Apartment in the future.)
5. The Accessory Apartment will meet with the requirements of a dwelling unit as
defined in Section 100-31 of the Zoning Code.
6. The principal dwelling was in existence prior to January 1, 1984 and a Certificate of
Occupancy was issued for a single family dwelling by the Building Department on July 3,
1975.
7. The exterior entry to the Accessory Apartment retains the appearance of a one-family
dwelling.
8. The Accessory Apartment, as applied for, is reasonable in relation to the District in
which is located, adjacent use districts, and nearby and adjacent residential uses.
9. The Special Exception use is accessory to the principal use and will not prevent the
orderly and reasonable use of adjacent properties.
10. This accessory use will not prevent orderly and reasonable uses proposed or
existing in adjacent use districts.
Page 3-ie-bnary 26,200
ZBA#5830-T.Trujillo and P. Daniel
CTM 74-2-6
11. No evidence has been submitted to show that the safety, health, welfare, comfort,
convenience, order of the Town would be adversely affected.
12. No adverse conditions were found after considering items listed under Section 100-
263 and 100-264 of the Zoning Code.
13. A Certificate of Compliance or similar document is necessary for issuance by the
Building Inspector certifying that the premises conforms to applicable codes for an
Accessory Apartment use.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
standards under New York Town Law and Chapter 100 (Zoning Code), motion was
offered by Member Weisman, seconded by Member Simon, and duly carried to
GRANT the Special Exception application for an accessory apartment to be used
only in conjunction with the applicant-owner's residence, as applied for under
Section 100-31B, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Owner(s) shall continue to occupy the dwelling as their own principal residence.
2. Certificate of Occupancy shall be obtained from the Building Department.
3. The Certificate of Occupancy will terminate upon the transfer of title or upon
the owner(s) ceasing to occupy one of the dwelling units as the owner's principal
residence; and that in the event of the owner's demise, the occupant of the
accessory apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling, or one year from the date of said demise, whichever
shall first occur.
4. A chain or similar ladder shall be installed from the second floor area (for the
Accessory Apartment).
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman.
Absent was Member Goehringer. Thi esolution was duly adopted (4-0).
Ruth D. Oliva, Chairwoman 2/ 3 /06
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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 26, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY,JANUARY 26,2006:
9:35 A.M. TIM TRUJILLO and PAULA DANIEL #5830. The Applicant-Owner requests a Special
Exception to establish an Accessory Apartment within their existing single-family building as
provided by Section 100-31B, subsection 13 of the zoning code. Location of Property: 580
Soundview Avenue, Peconic; CTM 74-2-6.
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. If you have questions, please do not hesitate to contact our office (631) 765-1809, or
Linda.Kowalski@Town.southold.ny.us.
Dated: January 6, 2006. ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
III III
__ .
•
TOWN OF SOUTHOLD, NEW YORK DEC 1 .i;; ,5
ACCESSORY APARTMENT M5-b
APPLICATIONAPPLICATTON—FOTTFEniniCEPTION
Application No.
Date Filed: Ili -4441'4—
TO
li -4401'4TO THE ZONING BOARD OF APPEALS, SOU HOLD,. NEW YORK: �� 1_�h *-
�!�. v F7
I (We) , 1 r T `i�` Y' ‘10 t . V�dL� SRO aker46 Neic$,PXot `. ,
'ouse 'o. an. tree , •u,
42- C G
f1 % t1t � 83 /pew)
(Hamlet, State, Lip Coj )�ps� iq�`
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in acco�ce with
the ZONING ORDINANCE, ARTICLE SECTION , SUBSECTION
for the below-described property for the following uses and purposes:
OW e,lr„vIN3 iSCO,C 5et-Wi oth e
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.�
��'P\ 'V .'.BVIO 14:4221k. D4SPS` P 'eIis Care) the owner of property
known an' re erre' o as , e) t ei o,. n e'es t , 1 �c L
tot
House No. , Street, Hamlet ooY,
identified on the Suffolk County Tax Maps as District 1000, Section , Block
Lot , which ,is (is not) on a subdivision map (Filed , " ap of
" Filed Map No_ ) .
The above-described property was acquired by the owner on / Oil 11a® o 0 .
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property orpersons in the neighborhood for the following reasons:
/ ccit
1-- -ph APr Wekla I CCASIt‘. tk44 42:., dr) or c6,.... _
2, F a vt4;1 m "Irritte.; 6 1) st902,PT, ble-4
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements will be met:
1 . The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1 ,600) sq. ft. of }ivable floor area.
(continued on page two)
•
Application for Special Exception
Page Two (continued)
C. 4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum of three off-street (on-site) parking spaces shall be provided .
as shown on the attached plan.
7. Not more than one (1 ) accessory apartment will be on this parcel .
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
11 . I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner' s principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1 ).year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1 , 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
4
D. The property which is the subject of this application is zoned 12, 4ESALOCeliA
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
j/' has changed or received additional building permits, and Certificates of
Occupancy for these changes are attached or will be furnished.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss" Signa / /
0..v\a Al i
Sworn to before me this(77 day of OtOMA-1X-0 C 1'g C�iS"
1 auL�' \Ca--
C
/
Not. 'u. i " floury I•u61ic.State of New Yat 1
Commission 1010D6060740 1
My Commission Expires 07/02/20 j,�,l
Registered in Suffolk_ --_ft_
inc 0 IC IOC
1111 •
L
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be att. hed.
I , , ' iWO /NV y tw +1.3
gym_ ho- ► �i PI,i
B. Is t-7_ubject premises list dton the real estate market for
- sal 9 or being shown to prospective buyers? ( } Yes
{�,�} No. (If Yes, please attach copy of "conditions" of sale. )
C. "` Are there y proposals to change or alter land contours?
( } Yes No
D. 1. Are there any areas which contain wetland grasses? Ala
2. Are the wetland areas shpwn on the map submitted with
this application? � /
3 . Is the property bul]fheided between the wetlands area and
the upland building area? &CD
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed cogsruction at or below five feet above mean sea
level? �} (If not applicable, state "N.A. " )
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? e. If none exist, please state "none. "
G. Do you have any construction taking place at this time
concerning your premises? _
of your building permit anzi'map asalyes, pleaseysubmit a copy
approved by the Building
Department. If none,
please state.
H. Do you or any co-owner also own other land close to this
parcel? 4*Q If yes, please explain where or submit copies
of deeds.
I. Please list present se or
i 7 IS ; era�}t` ons conducted at this
parcel 'f A ,t ►QAC(
proposed use .- s1�•1� and
�a r i�J
1
1 I dd Dr
Authori- ed Signature and Da
3/87 , 10/901k '.4
b
APPEALS BOARD MEMBERS ,S
�� cry Southold Town Hall
Gerard P. Goehringer. Chairman ��
o 53095 Main Road
Serge Doyen. Jr. P.O.�' r Box 1179
James Doyen., Jr. O r Southold, New York 11971
Robert A. Villa y�0 �O p Fax (516) 765-1823
Lydia A.Tortora 1� Telephone(516) 765-1809
BOARD' OAF APPEALS
TOWN OF SOUTHOLD
QUESTIONNAIRE
Accessory Apartment or Bed and Breakfast with Owner-Occupancy
Names of Individuals or Parties Having an Interest in the
Subject Premises and a description of their Interests;
•
-tim lerts)Ji "CD Co-. exs .
F�1ct ba4Wn i 44/ 0M, rtu?C -)
YY\ na 1� �,,� .Q1 iptir or( vr ti ge koesyy ,
Name-n tom theApp iccant( an¢Tris/her Re idence:
•
Names of Current Residents/Occupirt4 oSSub Subject �P emeses.
re ;
sctane oaten o 6rmtke.
Current Occupants are: (please check one or more boxes)
{ } Tenants with Written Lease
( } Tenants without Written Lease
Current Owner
t. } Contract Vendees
• { } Proposed Occupants/Residents under the Subject Application
{ } Residents
NOTE: By not checking one or more of the above, it is assumed
that the current Occupants are not tenants with a written or
withcut a written lease, are not current owners , are not
. contract vendees, are not proposed Occupants/Residents
under the Subject Application
residence. • and/Or have a different
Is the subject premises listed on the real estate market for
a or being shown to prospective buyers? ( } Yes
{ } No.
Authorized Signature and Date d a O J
e0. \cL \O d/V\;
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(, APPEALS BOARD MEMBERS - *of soy _ Mailing Address:
Ruth D. Oliva, Chairwoman *°". r' ' Southold Town Hall
'` 53095 Main Road•P.O. Box 1179
Gerard P. Goehringer t Southold,NY 11971-0959
James Dinizio,Jr. % cn ae
Q Office Location:
Michael A. Simon %1A ,���0 1 Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman =1
court� '������ 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809•Fax (631)765-9064
February 6, 2006
By Regular Mail and Fax Transmission 7(,C- 96
Paula Daniel and Tim Trujillo
580 Soundview Avenue West
Peconic, NY 11958
Re: ZBA File 5830 — Special Exception for Accessory Apartment
Dear Ms. Daniel and Mr. Trujillo:
Please find enclosed a copy of the variance determination rendered by the Zoning
Board of Appeals at its February 2, 2006 Meeting. Please be sure to include an extra copy
of the enclosed determination when submitting other final documents, or amendments as
may be required, with the Building Department.
Thank you.
Very truly yours,
eaV\a--/-iii-t- -
Linda Kowalski
Encl.
Copy of Decision 2/6/06 also to:
Building Department
�-1 .d, 4
APPEALS BOARD MEMBERS' �,i�''OF SOU74,- t i Mailing Address:
Ruth D. Oliva,Chairwoman �o�� ' ryo ' Southold Town Hall
Gerard P. Goehringer � 53095 Main Road•P.O. Box 1179
4 Southold,NY 11971-0959
James Dinizio,Jr. N
. G Q Office Location:
Michael A. Simon � ����� Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman =4C�(1 �`��'d�• 54375 Main Road(at Youngs Avenue)
-" Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809•Fax(631)765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING DATE: FEBRUARY 2, 2006
ZBA Application No. 5830 (SE)
Applicants/Owners: TIM TRUJILLO and PAULA DANIEL
Property Location: 580 Soundview Avenue, Peconic CTM 74-2-6
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 subject property is a parcel of 30,332 sq. ft. in
Peconic, with 100 feet of frontage along Soundview Avenue West, a rear lot line of 138
feet, and a depth of 298 feet (east) and 267 feet (west) as shown on a survey prepared
by Joseph A. Ingegno on December 12, 2000. The property is improved with the
applicant's shed and one and a half story frame house with as built extensions and two
story attached garage addition. A building permit was obtained for this new construction
on August 13, 2002.
APPLICANT'S REQUEST/BASIS OF APPLICATION: The Applicant-Owner requests a
Special Exception pursuant to Article III, Section 100-31 B, sub-section 13 of the Zoning
Code, for approval of an existing Accessory Apartment on the second floor over the
existing garage area of their home.
The Zoning Board of Appeals held a public hearing on this application on January 26,
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:
BOARD REASONS and STANDARDS CONSIDERED
In considering this application, the Board has reviewed the code requirements set forth
pursuant to Article III, Section 100-316(13) to establish an Accessory Apartment and
finds that the applicant complies with the requirements for the reasons noted below:
1. The Accessory Apartment is located in a livable area not exceeding 994 sq. ft., as a
second-story over the existing garage and extensions. The Apartment unit is less than
Page 2—February 2,20Uu "
ZBA#5830—T.Trujillo and P. Daniel
CTM 74-2-6
1. The Accessory Apartment is located in a livable area not exceeding 994 sq. ft., as a
second-story over the existing garage and extensions. The Apartment unit is less than
the code's limitation of 40% (at approximately 35% of the existing dwelling's livable floor
area), based on the size of the principal building footprint and new garage addition (total
2,810 sq. ft.).
2. Paula Daniel and Tim Trujillo, the applicants herein, have owned and resided at the
property since October 19, 2000 and will continue to occupy the dwelling as a principal
residence while the Accessory Apartment is occupied by their Mother.
3. The applicants' plans comply with the on-site parking requirements and provide for a
total of three (3) parking spaces, two for the principal use and one for the Accessory
Apartment, utilizing the existing driveway areas.
4. In visiting the premises on January 19, 2005 it was revealed that the interior
contained as built renovations and new construction had been completed according to
the architect's working drawings dated August 8, 2001. Upon request, the
owner/applicants supplied simplified drawings to clarify as built and new construction to
date. The Accessory Apartment is located within the building envelope of the garage and
there is no visual evidence of its presence from the exterior. The overall massing is
residential in scale and character. No exterior changes have been made to the principal
dwelling. New construction includes a first floor mechanical room, laundry room, guest
bedroom, and foyer through which interior ingress from the principal dwelling to the
garage, and stairs to the second floor Accessory Apartment, are gained. The foyer also
serves as the Accessory Apartment's ingress and egress to the exterior. (The foyer
staircase is 3 feet in width, allowing for access to the second floor Accessory Apartment
via the installation of a chairlift should mobility become an issue for the occupant of the
Accessory Apartment in the future.)
5. The Accessory Apartment will meet with the requirements of a dwelling unit as
defined in Section 100-31 of the Zoning Code.
6. The principal dwelling was in existence prior to January 1, 1984 and a Certificate of
Occupancy was issued for a single family dwelling by the Building Department on July 3,
1975.
7. The exterior entry to the Accessory Apartment retains the appearance of a one-family
dwelling.
8. The Accessory Apartment, as applied for, is reasonable in relation to the District in
which is located, adjacent use districts, and nearby and adjacent residential uses.
9. The Special Exception use is accessory to the principal use and will not prevent the
orderly and reasonable use of adjacent properties.
10. This accessory use will not prevent orderly and reasonable uses proposed or
existing in adjacent use districts.
Page 3—fel"uary 26,20b.
ZBA#5830—T.Trujillo and P. Daniel
CTM 74-2-6
11. No evidence has been submitted to show that the safety, health, welfare, comfort,
convenience, order of the Town would be adversely affected.
12. No adverse conditions were found after considering items listed under Section 100-
263 and 100-264 of the Zoning Code.
13. A Certificate of Compliance or similar document is necessary for issuance by the
Building Inspector certifying that the premises conforms to applicable codes for an
Accessory Apartment use.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
standards under New York Town Law and Chapter 100 (Zoning Code), motion was
offered by Member Weisman, seconded by Member Simon, and duly carried to
GRANT the Special Exception application for an accessory apartment to be used
only in conjunction with the applicant-owner's residence, as applied for under
Section 100-31 B, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Owner(s) shall continue to occupy the dwelling as their own principal residence.
2. Certificate of Occupancy shall be obtained from the Building Department.
3. The Certificate of Occupancy will terminate upon the transfer of title or upon
the owner(s) ceasing to occupy one of the dwelling units as the owner's principal
residence; and that in the event of the owner's demise, the occupant of the
accessory apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling, or one year from the date of said demise, whichever
shall first occur.
4. A chain or similar ladder shall be installed from the second floor area (for the
Accessory Apartment).
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman.
Absent was Member Goehringer. Thi 'esolution was duly adopted (4-0).
Ruth D. Oliva, Chairwoman 2/ 3 /06
1/23/2006
To: Town Board of Zoning _��
JAN
3 2006
OF APPOPILS
Dear Sirs and Madams:
Attached are two drawings to clarify our application for an accessory apartment
for our Mother.
The South Elevation shows the location of the proposed apartment, apartment
entry and the main house, as it will stay.
The floor plan drawing illustrates:
1. The total size and dimensions of the space
2. Sq ft of apartment, main house and percentage total
3. Connection between apartment and main house on first floor
We hope that this will ease your process of reviewing our application. Please call
us if you have any questions 765-3965.
Thank you for your consideration,
Paula Daniel &Tim Trujillo (husban and wife)
oundview Ave West
Peconic, " ' :
•e • - . _I APPLICANT 1 )
TRANSACTIONAL DISCLOSURE FORM -
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: 14d V\'C 11® ? b. i1 ,
(Last name, first name, middle initial,unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If"Other (Le
name the activity: cut e ` ' GOtkv 7 S C i G-Q_ 66.1c, �'� �/Yl
C c c C.Ss afoot ve rb'
Do you personally, (or through your company, pouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5%of the
shares.
YES CO)
If you answered"YES", comple • balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C)an officer, director,partner,or employee of the applicant; or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this _ y of ti O d
Signature:
Print Name: CA. .))c( nu,: O.
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ADDRESS 61)., ‘, U S.,,A 4-tvi,v 1;., (,,,,t,), 1 Aft
This notice must be displayed during construction
and returned to Building Dept to get a certificate
of occupancy upon completion of work.
BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD
,
SOUTHOLD, N Y
N,Ye
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FORM NO. 4
{
TOWN OF SOUTHOLD ��
BUILDING DEPARTMENT " �-
Town Clerk's Office DEC 1 6 2E5
Southold, N. Y.
zoW1ViG BOARD BJP rAP ...,.t.�
Certificate Of Occupancy
•
No. Z65+0 Date July 3 , 19 75.
THIS CERTIFIES that the building located at . .a ou;:d V iC3. .::VP. :.Te;t Street
Map No. Faconic. .11o 1 ck No. . . . II . . . .Lot No. 46 Pec.anic. N.Y..
conforms substantially to the Application for Building Permit heretofore filed in this office
dated jan .1.719.7 19.75. pursuant to which Building Permit No. .76942 .
dated Jan . . 17. . . ., 19. 7.5, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . Private .one- •famni-l-y•dwelling
The certificate is issued to . .Daniel .&.Virginia .Thompson Owners
(owner, lessee or tenant)
of the aforesaid building. Note : one stair step not eaual)
Suffolk County Department of Health Approval J Iy. . .1 , . 1.975. . by, I-1-.. . akt.
UNDERWRITERS CERTIFICATE No. .N233322 June 30 1975 by J. 1:uhacki
HOUSE NUMBER Street S TIN Iii ew AVO Vic S t
/C 1!)---.C43 r;_., •( Lai:LA
Building Inspector-cl
IP
�l°1 SOUPY
ELIZABETH A.NEVILLE �� �® l® Town Hall, 53095 Main Road
TOWN CLERK 4 4 4 ; P.O.Box 1179
REGISTRAR OF VITAL STATISTICS G Southold,New York 11971
MARRIAGE OFFICER oO ,,(' Fax(631) 765-6145
RECORDS MANAGEMENT OFFICERl ��� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER 'yC®UN 1'+v�i'� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: December 19, 2005
RE: Zoning Appeal No. 5830
Transmitted herewith is Zoning Appeals No. 5830 of Tim Trujillo & Paula Daniel-the
Application for Special Exception to the Southold Town Board of Appeals. Also enclosed is the
Questionnaire for Filing with the ZBA Application, a Transactional Disclosure Form, a copy of
the Building Permit issued 8/13/02, a Certificate of Occupancy, a Site Plan, a Foundation Plan, a
First Floor Plan, a Second Floor Plan, and South&North Elevation Plans.
Town Of Southold
P.O Box 1179
Southold, NY 11971 -
* * * RECEIPT * * *
Date: 12/19/05 Receipt#: 1221
Transaction(s): Reference Subtotal
1 1 Application Fees s 5830 $400.00
Check#: 1221 Total Paid: $400.00
Name: Trujillo, Tim & Paula Daniel
580 Soundview Ave West
Peconic, NY 11958
Clerk ID: MICHELLE Internal ID 5830
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ZONING BOARD OF APPEALS ` . '
TOWN OF SOUTHOLD:-NEW YORK
X
In the Matter of the Application of
AFFIDAVIT
f c 1 o` ' NO aiin • cam. ' fi A;'r.� •i, . • 1l o OF c'
(Name of'A licants C h v s Ott aA 'I-
MAILINGS
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CTM Parcel#1•,000-' y' - �;- 6 . n �• t' W • (T�4
COUNTY' . r -- ;STATE OF NEW YORK) - ° .. • "'
t _ I, rA/V 10...)OQi;n;a residing at �S'�'O SOEiy%c�v i 4.4J Cu
- y)Q.LE?h i"G -`!r;New,York,being duly sworn, depose and say that: W d_o d
b t On the ��- da v of oZ
'•„ Y S VQ; _ ,r ITpersonally mailed at the United States
Post O ce.ina V'c;:C.O :t... New York, by'CERTIFIED MAIL'RETURN RECEIPT-
. ,, REQUESTED,'a true copy pY of the attached Legal Notice in prepaid envelopes addressed to
• 'N ' " current o ers shown on the current assessment roll,aerified from the official records on file
" - with the Asessors',-or'(�)County Real Property Office 5 d y- v i' , . • ...
v• '�• ,for every �,
property,which abuts is across a public or priv �e street, or vehicular ri:ht-of-way of record,
surrounding the applicant's property. '
(Signature)
Swop to befo a me this
' .y'of�a, , 2006tiOACI ,
e
AL - -/ '40r, CAROL BEST
(Notary P, State of Nat Mork
blic) 0 E7127
„ • rffolk
,wr�a '2007
PLEASE list, on the back of this Affidavit or.on a sheet of paper the lot numbers next to the
---- owner-names-and-addresses fur whi i-o ce-s were maild711iank you. --- -- __ ---_—
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1/16/2006
Dear Neighbor,
This letter is to let you know that we are applying for a Special Exception with
Southold Town to allow an Accessory Apartment for our Mother, who is now a
Widow, to stay.
Enclosed is the legal notice and survey plan.
If you have any questions, please call.
Thank you,
Tim Truillo and Paula Daniel (husband and wife)
580 Soundview Ave West
Peconic, NY 11958
631-765-3965
5 5---o SJrQAJ euo
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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY,JANUARY 26,2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY,JANUARY 26,2006:
9:35 A.M. TIM TRUJILLO and PAULA DANIEL #5830. The Applicant-Owner requests a Special
Exception to establish an Accessory Apartment within their existing single-family building as
provided by Section 100-31B, subsection 13 of the zoning code. Location of Property: 580
Soundview Avenue, Peconic; CTM 74-2-6.
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. If you have questions, please do not hesitate to contact our office (631) 765-1809, or
Linda.Kowalski@Town.southold.ny.us.
Dated: January 6,2006. ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
ZUBTA iiK•MIZLI*r rclliYY�.ir ffirMI;114'1411.f6Yyx.�rr�.�ar 1riga'
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D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: c . If YES,enter delivery address below: 0 No
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UNITED STATES POSTAL SERVICE 111111 First-Class Mail
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
X
In the Matter of the Application of
AFFIDAVIT
.VE LLQ +, POSTING
1�. I��, OF SIGN
(Name of Applican
l-� �
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- �t - 62_ 06
X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, T . ' .—o;‘llo residing at S$Q.0uh1nV )E l S"—
i N 1 1 11533 , New York, being duly sworn, depose and say that:
On the f( day of J ,204 6, I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)–
facing the street or facing each street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days prior to that date of
the subject hearing date, which hearing date was shown to be �14,44.2 6 -gyp® Q,
1„•3v /41,viix
4,7;" „,
f
( ignature)
Sworn to before me this
5 day of._/L n uc ,2006
d= / 4 r CAROL BEST
statNew bk
(Notary Public) Noma018E6097127
arCoun
(Nal Auvistik2007
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
/— /6 -5V,_0 c (/0261b 6 /['S J
and half bathroom (toilet and sink). construct,at property known as 13795 are not permitted in an accessory build-
The reasons in disapproving the build- Oregon Road (right-of-way extending ing,and only one,single-family dwelling
ing permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificait;of
LEGAL NOTICE • construction will increase the degree of erty),Cutchogue;GPM 83-2-10.16: Preexisting Use was issued 7/5/2001 for '
THURSDAY,JANUARY 26,2006 nonconformance when located-at less (a) barn (building #1) at less a single-family dwelling and"accessory
SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage-with living space above*."Loca-
BOARD OF APPEALS - than 35 feet from the front lot line,Lo- mg rear yard setback, tion of Property:East End Road,Fish-
PUBLIC HEARINGS cation of Property 4185 Camp Mineola (b) additions -with alterations ers Island;CTM 4-7-3.3(part of Lot 3).
NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;CTM 1000-123-5-26. to a nonconforming accessory garage The-Board of Appeals,will hear all
suant to Section 267 of the Town Law 10:15 A.M. GREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir-
and.Chapter 100(Zoning),Code of the ROBERTS #5817 A variance is re- rage is not entirely in a rear yard,and is ing to be'heard or desiring to submit
Town of Southold,the following public quested under Sections 100-243A and extended into a front yard;and written statements before the condo-
'hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each
:OLD TOWN ZONING BOARD OF tor's October 6,2005 Notice of Disap- as-built and proposed, referred to as hearing will not start earlier than des-
APPEALS at the Town Hall;53095 proval of an application fora building storage container buildings#3 and#4, ignated above;Files are.available for
Main Road,P.O. Box 1179, Southold, 'permit concerning additions and/or in a yard other'thaii the cede-required review during regular business hours.If
New York 11971-0959,on THURSDAY, ' alterations to the dwelling.The reason rear yard. -- , you have.tjuestions,,please,do not hes-
JANUARY 26;20061 ' '; - stated in the disapproval is that the as- 11:25 A.M.MICHAEL and HELEN tate to contact our office at(631)765-
.- 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON #5792. Request-for 1809,or by email•linda.kowalski@town.
#5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us.
Section 100-30A.3,bulk schedule,based setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006.
on the'Building Inspector's October•20, conformance at less than 35feet from 1000-104-2-7.1, from the.adjacent va- _ ZONING BOARD OF APPEALS
2005 Notice of Disapproval concerning the-front lot line.Location of Property; cant land identified_as'CPM 1000-104- ' RUTH D:OLIVA,CHAIRWOMAN
a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the-building Inspector's 7706-1T 1/12 - -- ---
-Permit,No:31483=Z for construction of; -,CTM 1105-1. - August 23,2005 Notice of Disapproval, ' - -'-
a new dw llittg••whicli will,exceed-the, ''11120 2 •A.M.GERI ARMINE KLEIN and its determination that the proper-
-elide limitatioii'd 2=1/2,steiries for"pro :--4t5793r"A variance•is requested under ties have been merged pursuant to Sec-
;posed-152-st`uar'e feet:of;`space above , ,Sectiorl 100-231, based on,the Build- tion 100-25:Location of Property:Cor-
the second:floor'and code-compliant ing Inspector's August 15,2005 Notice ner of Horton,Road and Bittersweet
stairs,at 750 Mill Road,Mattituck;CTM - of Disapproval concerning a request Lane,Cutchogue,containing 63,808 sq.
-107-1-1. - •, ... - _ . • for approval.of a fence shown on the ft.as merged Zone District:R-40 Low-
9:35, A.M.-TIM :TRUJILLO and 12/13/05 survey,as-built,prior to recent Density Residential.
PAULA.DANIEL#5830. The Appli- changes. The fence exceeds the code 11:45 A.M.BARBARA and KIMO-
1 capt=Owner requests a Special Excep> limitation of four feet when-located in NO THERMOS',#5825.A variance is
I ._tion to establish an:Accessory Apart- the front yard,at 160 Sound Avenue and requested under Section:100-244,based;
ment-within their existing single-family -Sound Road, Greenport; CTM 33-4- on the Building Inspector's October 20,.
building•as provided by Section 100="-' 35.2.Zone-District-R-40 Low,Density- '2005 Notice of Disapproval,amended
31B;subsection 13 of•the-zoning code.--, Residential.; . • - December 8,2005'concerning an appli-
' .Location'of'Property 580-Soundview- - :,..105, A M.EDGEWATER II,LLC cation for a building permit to demolish
'_Avenue,Iiecoinc;CT6.M<74=2- • ' `•',- .#5815.-A variance„is:requested under an existing dwelling construct a new
:,'''"9:730 A.M0HN and NINA WIN -Section100-30A.3,bulk schedule,based -dwelling with setbacks at less than the
'T1.(Oivner:IdA:1110,-NC)
;#5809. ,-dn,the'Bniiding-Inspector's October 19, code required-10'feet'ori a single side
Variances'are,requesteduudei`'S'On-the
ctions -2005 Notice of Disapproval concerning -and less than 15 on the second'side yard,
1-00 33'and 100'239.4A(1);based on the` a-request to amend a building:permit, at 355 Sound Beach-Drive,Mattituck;
Building Inspector's October 7, 2005 and requesting variance relief exceed- CTM 99-1-19. - !
Notice of Disapproval concerning an ing the variance limitations granted 11:55 A M. JAMES and KAREN
'accessory swimming pool,proposed in a under Appeal No 5330 concerning the HOEG#5821.A Variance is;requested-
side.yard instead of the code=required <A height of a dwelling which irregular under Section 100-31A,'based"Oh the
' --front yard'or rear yard,and iii a location ' roofline'exceeded 35 feet at its highest ..Building Inspector'S Nbveinber.l,2005
at-less than 100 feet from the top;of the point and included a bedroom designed •Notice of Disapproval:fora certificate
' bluff or bank ottlie Long Island Sound. in space above the second-floor:This of occupancy to allow the existing'cine- I
Location of Property:596 North View variance is for a third designs modifying story-building to be used-as a principal:
Drive,Orient;„C'1'ly113-1-5.1. and expanding the floor space above the office use,instead of an,accessort'-office
,!: ..:9:50.A:11<L,`44-1OMAS•LANDI-#5816. second floor,exceeding the code limita- -in conjunction with-die former dwelling
,,-..-450
;'vanaseei5 requested under Section tion of 2-1/2 stories,and modifying and use which was removed,;at 15400'.Mairt
:TOO 2I4,78ased in the Building Inspec adding roof.,angles which eXceed the Road,Mattituck;CIM 114-9-1._
tor's November 7;2005 Notice of Dis- code-limitation of 35 feet.Location of 12.05 PM.PAT.IAVARONE•#5829.
approval concerning an application for Property: 63735 C.R. 48 (a/k/a North A variance is requesfed under-Sectibn '
a building permit for a new swimming Road or Middle Road), Greenport; 100-30A.3,bulk schedule,based on the
pool,-Which construction will increase CTM 404-20.2. Building Inspector's-November_1,2005
,tire building coverage of the lot in ex- - 11:00 A.M. JON and KATHLEEN Notice-,of Disapproval:concerning'a
'Cess of.the code's 20% limitation, at MARINO#5831.A variance is request- building-permit under #22830Z-which
950 Waterview Drive,Southold;'CTIvi -ed under Sections 100-33 and 100-242, restricted the use of the attic'to"non,
78-7-28. based on the Building Inspector's De- habitable" area. An application has
<-t,.9:55 A.M.SUSAN ROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the ;
#5824.A variance is'requested under concerning a building permit applica- as-built alterations which modified the f
Section 100-239 4A(1), based on the hon to construct•an addition to the non-habitable attic area to living-space '
Building Inspector's November 15,2005 existing accessory-garage.The reason and converted•the floor above the sec-
Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the
building permit application-to construct application is that the construction will code limitation for 2-1//2 stories,
'an addition,for the reason that the new increase the degree of•honconformahce '12:20 P.M. GEORGE and`•ELIZA-
construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814. A,variance
from the top of the bluff or bank of the yard area of the existing accessory ga- is requested under Section's' 100=31A
Sound,at 57305 C.R.48(a/k/a Middle •rage,instead of the rear yard.Location and 100-242A, based on the Building
Road or North Road),Southold,CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005-Notice
52-1-6 - Southold;CTM 54-8-5. of Disapproval concerning a requested
10.00 A.M.PHILIP MILOT#5705. 11.10 A.M. TIMOTHY STEELE for a building permit to construct an
Variances are requested under Sections #5618. (Continuation from Variances addition and.as-built alterations to an 6-46e
100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living
the Building Inspector's November 21, 31A(2)(c) and- 100-242A, based on, space The reasons for disapproving the
_2005 amended Notice of Disapproval the Building Department's April 23, building permit are that-the addition , Ota../.14
concerning a proposed second-story 2003 Notice of Disapproval,amended will change the intensity of uC/1se;increas- ,C,[f(Jt
addition and alterations to the existing January 28, 2005, concerning a build- mg the degree of nonconformity, and
_--)
•one-story garage,for a recreation room ing permit application for the following the as-built additions and alterations
#7706
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Jean Burgon of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the 12th day of
January , 2006
Pri Oka! Clerk
Sworn to before me this 0\day of CX))--,\----"
2006
CA-414
6 IIISTINA VOLINSKI
1416tAfiS, INSLIC-STATE OF NEW YORK
No. 01-V06105050
bti tlifiettl In Suffolk County
^Dmh,;esioil hpittS February 28, 2008
6-11
f/ .7 f
APPEALS BOARD MEMBERS ���� �FF®�
�,i QS ��+ Southold Town Hall
Gerard P. Goehringer, Chairman ����� • OGZ 53095 Main Road
James Dinizio, Jr ; P.O. Box 1179
Lydia A. Tortoravio Southold,New York 11971-0959
Lora S. Collins %• ��� ZBA Fax (631) 765-9064
George Horning ;. '91
• ����ii° Telephone(631) 765-1809
BOARD OF APPEALS
4/-N,jeCI
TOWN OF SOUTHOLD
‘S\ FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 25, 2001
Appl. No. 5011 - PAULA DANIEL and TIMOTHY TRUJILLO 1000-74-2-6
STREET & LOCATION: 580 Soundview Avenue West, Peconic
DATE OF PUBLIC HEARING: October 18, 2001
FINDINGS OF FACT
PROPERTY FACTS. The subject property is a parcel of 30,332 sq. ft. in Peconic, with 100
feet of frontage on Soundview Avenue, a rear lot line of 138 feet, and depth of 298 feet
(east) and 267 feet (west). It is improved with a frame house and a shed.
BASIS OF APPEAL: Building Department's Notice of Disapproval, dated August 20, 2001,
denying a Building Permit for an addition because it will produce a rear yard of 25 feet
whereas Code section 100-244 requires 50 feet.
AREA VARIANCE RELIEF REQUESTED. Applicants initially requested a variance
authorizing construction of the addition as originally proposed, with a 25-foot setback at the
closest point to the rear lot line. At the hearing on October 18, 2001, applicants agreed to
move the proposed attached garage toward the front of the house, submitting an amended
plan for location at 31 ft. and 36 ft., respectfively, for which a rear yard variance is
requested.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings'
1. The house, which has existed for many years, is set back 184 feet from the
street, resulting in an existing rear yard of 52 feet at the closest point to the rear lot line.
Applicants' architect testified on October 18, 2001, that he and applicants had considered
many approaches to expanding the house and had concluded that the only realistic way is
to add at the rear, as this retains the character of the house and preserves southerly light
and air
2 Applicants' original proposal for a 25-foot rear setback required a substantial
variance. The revised proposal fora location at 32 ft, 31 ft. and 36 ft. in the rear yard at
the closest points, a significant change. Because the rear of the property is wooded, and
because the addition will not be a great deal higher that the existing house, grant of the
relief set forth below will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties
if& Page 2—October 25, ) y
ZBA Appl. No. 5011 —uaniel-Trujillo
1000-74-2-6 at Peconic
D\\o\ ,�
3. There is no evidence that grant of the relief set forth below will have an adverse
effect or impact on physical or environmental conditions.
4. The action set forth below is the minimum necessary to enable applicants to
enjoy the benefit of an expanded house with a garage while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman
Goehringer, it was
RESOLVED, to DENY the variance originally requested, and ALTERNATIVELY to
- variance authorizing construction of an addition with a minimum rear setback of
c d 36 ft as depicted on the Site Plan revised October 22, 2001 and marked
received by epartment on October 22, 2001, subject to the' CONDITION that the
Zoning Board of Appeals reserves the right to inspect the property up to the time of
issuance of a Certificate of Occupancy for the addition.
This action does not authorize or condone any current or future use, setback or
other feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board• Ayes: Members Goehringe.r.( man), Dinizio, Tortora, nd Collins
This Resolution was duly adopted (4-0). (Mbmber orning o is r sl d as absent.)
Gerard P. Goehrin er, Chairman (o
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The
following application will be heard by the Southold Town
Board of Appeals at Town Hall , 53095 Main Road, Southold:
NAME : TRUJILLO/DANIEL #5830
MAP # : 74-2-6
APPEAL : Special Exception
BEQUEST: Accessory Apartment
DATE : THURS . , JAN . 26 , 9: 35 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM .
ZONING BOARD-TOWN OF SOUTHOLD 765- 1809
fto:_5 (z_e_.0 ,, (MC/66 toil ic j
and half bathroom (toilet and sink). construct,at property known as 13795 are not permitted in an accessory build-
The reasons in disapproving the build- Oregon Road (right-of-way extending ing,and only one,single-family dwelling
ing permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificate of
LEGAL NOTICE construction will increase the degree of erty),Cutchogue;CTM 83-2-10.16: Preexisting Use was issued 7/5/2001 for
THURSDAY,JANUARY 26,2006 nonconformance when located at less (a) barn (building #1) at less a single-family dwelling and"accessory
SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with living space above*."Loca-
BOARD OF APPEALS than 35 feet from the front lot line.Lo- mg"rear yard setback,_ hon of Property East End Road,Fish-
PUBLIC HEARINGS cation of Property:4185 Camp Mineola (b) additions with alterations en Island;CTM 47-3.3(part of Lot 3).
NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;CTM 1000-123-5-26. to a nonconforming accessory garage The Board of Appeals will hear all
suant to Section 267 of the Town Law 1015 A.M.'OREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir-
and.Chapter 100(Zoning),Code of the ROBERTS,#5817. A variance is re- rage is not entirely m a rear yard,and is ing to be heard or desiring to submit
Town of Southold,the following public quested under Sections 100-243A and extended into a front yard,and written statements before the conclu-
'hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above Each
,OLD TOWN ZONING,-BOARD OF tor's October 6,2005 Notice of Disap- as-built and proposed, referred-to as hearing will'not start earlier than des-
APPEALS at the Town Hall, 53095• proval of an application for a building storage container buildings#3 and#4, ignated above. Files are available for
Main Road, P.O. Box-1179, Southold, -permit concerning additions and/or in a yard other'than the code-required review during regular business hours.If
New York 1197170959,on THURSDAY, alterations to,the dwelling.The reason _ rear yard. - you have'questions,please do not hesi-
JANUARY 26;2006: ' • • - stated in the disapproval is that the as- 11:25 A.M.MICHAEL and HELEN tate to contact our office at(631)765-
. 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON #5792 Request'for 1809,or by email:linda.kowalski@town.
#5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us.
Section 100-30A.3,bulk schedule,based .setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006.
on the'Building'Inspector's October 20, conformance at less than 35 feet from 1000-104-2-7.1; from the adjacent va- ZONING BOARD OF APPEALS
2005 Notice of Disapproval concerning the•front lot line.'Location of Property: cant land identified as CTM 1000-104- RUTH D.OLIVA,CHAIRWOMAN
a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the Building Inspector's 7706-IT 1/12
-Permit No.31483=Z for construction,of• CTM 110-5-1. . • = - August 23,2005 Notice of Disapproval. , -_.""- -
a-new dwelling—which Will exceed the, -10:20 A.M.GERIARMINE KLEIN and its determination-that the proper-
-code limitation-of 2-1i2:stories for-pro-' - •#5793:A.variance is requested under ties have been merged pursuant to Sec-
posed-132 square feet''of space'above ,Section 1007231, based on the Build- tion 100-25:Location of Property:Cor-
the second_floor and code-compliant ing Inspector's August 15,2005 Notice ner of Horton,Road and Bittersweet
stairs,at 750 Mill Road,Mattituck;CTM of Disapprdval concerning a request Lane,Cdtchogue,containing 63,808 sq.
107-171. .,,- - • for approval of a fence shown on the ft.as merged.Zone District:R-40 Low-
9.35 A,M.---TIM •TRUJILLO and 12/1 /05 survey,as-built,prior to recent Density Residential.
PAULA DANIEL;#5830. The Appli- changes. The fence exceeds the code_ 11:45 A.M.BARBARA and KIMO-
cant:Owner requests•a,Special,Excep= limitation of four'feet when,located in NO THERMOS #5825."A variance is
._tion to establish an•Accessory Apart- the front yard,at 160 Sound Avenue and requested under Section-100-244,based,
ment within their existing single-family -Sound Road, Greenport; CTM 33-4- on the Building Inspector's October 20,
building as provided,.by Section 100-'' 35.2.Zone-District:R:40 Low-Density' 2005 Notice of Disapproval,amended,
-31B;subsection 13 of•the,-zoning code.- Residential. ,., , •- - - •December-8,2005 concerning an appli-
.Location of-Property:-580,Soundview _- ...10:45 A.M.EDGEWATER II,LLC cation for a building permit to demolish
Avenue,Peconic•CTMi.7442-6 _- • #5815.=A-Variance-is requested-under` -an existing dwelling'and construct a new
,,'- 9:40:A:M.JOHN-and'NINA WIN--- , Section100=30A.3,bulk schedule,based -dwelling with setbacks at less than the
TER-(Owner:MA TINE,INC:);#5809 on'the Building Inspector's October 19, code required'10'feet on a single side
Variances are,requested+undet•Sections '2005 Notice of Disapproval concerning -and less than 15 on the second side yard,
100733 and 100239.4A(1) based pifthe` a request to amehd a building permit, at 355 Sound Beach,Dnve,Mattituck;
' Building Inspector's October 7, 2005 and regilesting variance relief exceed- CTM 99-1-19.
Notice of Disapproval concerning an ,ing the variance limitations granted 11:55 A.M. JAMES and KAREN
-accessory swimming pool,proposed in a',,under Appeal No.5330 concerning the HOEG#5821.A VananCe is requested
side yard instead of the code-required • height of a dwelling which irregular under Section 100-31A, based on the
front yard'or rear yard,and in a location -roofhne-exceeded 35 feet at its highest —Building Inspector's November 1,2005
at'less than 100 feet,from the top:of the point and included a bedroom designed Notice of Disapproval fora certificate
bluff or bank of the Long Itland Sound in space above the second-floor.This of occupancy to allow the existing one-
-Location of Property:590 North View variance is for a third designs modifying story building to be used as a principal'
Drive,Orient;CTM 13-1-5.1. and expanding the floor space above the _office use,instead-of an accessory-office
_= .. 50 AAM=,THgMAs LANDI-#5816. second floor,exceeding the code limits- hi conjunction:with the former dwelling
`;A'yanal_c`e:'-is`;Ygquested.under,Section -tion of 2-1/2 stories,and modifying and ,use which was removed,at 15400 Main
'100=244;based_Ea;the Building Inspec- adding roof angles which exceed the Road,Mattituck;CTM 114-9-1.
tor's November 7,2005 Notice of Dis- code limitation of 35 feet.Location of , 12:05 P.M.PAT IAVARONE#5829.
approval concerning an•application for Property: 63735 C.R. 48 (a/k/a North A variance is-requested under Section
a building permit for a'new'swimming Road or Middle Road), Greenport; 100-30A.3,bulk schedule,based on the
pool,which construction will increase CTM 40-1-20.2. Building Inspector's November 1,2005
',the building coverage of the lot in ex- 11.00 A.M.JON and KATHLEEN Notice 'of Disapproval concerning a
cess-of•the code's 20% limitation, at MARINO#5831.A variance is request- building permit under #22830Z which
950 Waterview Drive,Southold;'CTM ed under Sections 100-33 and 100-242, restricted the use of the attic to"non-
78-7-28. based on the Building Inspector's De- habitable" area. An application has
-.,-9:55A.M.SUSANROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the
#5824.A variance is'requested under concerning a building permit applica- as-built alterations which modified the
Section 100-239.4A(1), based on the tion to construct.an addition to the non-habitable attic area to living space '
Building Inspector's November 15,2005 existing accessory,garage.The reason and converted.the floor above the sec-
Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the
building permit application to construct application is that the construction will code limitation for 2-1/2 stories.
'an addition,for the reason that the new' increase the degree of-nonconformance - 12:20 PM. GEORGE and ELIZA-
construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814. A variance
from the top of the bluff or bank of the yard area of the existing accessory ga- is'requested under Sections 100-31A
•Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location and.100-242A, based on the Building
Road or North Road),Southold;CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005 Notice
52-1-6. Southold,CTM 54-8-5. of Disapproval concerning a requested
10:00 A.M. PHILIP MILOT#5705: 11:10 A.M. TIMOTHY STEELE for a-building permit to construct an
Variances are requested'under Sections #5618. (Continuation from Variances addition and as-built alterations to an biet-Gie
100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living
the Building Inspector's November 21, 31A(2)(c) and 100-242A, based on space.The reasons for disapproving the -L ,/ v,, )
-2005 amended Notice of Disapproval the Building Department's April 23, building permit are that the addition L //// (/t
concerning a proposed second-story 2003 Notice of Disapproval,amended will change the intensity of use,increas-
addition and alterations to the existing January 28, 2005, concerning a build- , mg the degree of nonconformity, and / _---
one-story garage,for a recreation room ing permit apphcation for the following the as-built additions 'and alterations
.,„,, tiGtiU
#7706
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Jean Burgon of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the 12th day of
January , 2006
AI I'
111 0
Pri 1411.al Clerk
Sworn to before me this l'day of
2006
VW-4V
6 13ISTINA VOLINSKI
N6fARS, OUSLIC-STATE OF NEW YORK
No. 01-V06105050
11 Mitie+d In Suffolk County
"ornrr.:sslan Expires February 28, 2005
113,7/
l
OFFICE OF
ZONING BOARD OF APPEALS
Mailing Address: 53095 Main Road, P.O. Box 1179
Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave.
Southold, NY 11971-0959
(631) 765-1809 fax (631) 765-9064
REPLY FORM
DATE: i?:-/C1)16 sr-
TO: - Le_...x.ti,
ZB Ref#(of d) i. J_ ) ...i..; ,J'
Date of uilding Inspector's Notice of Disapproval: /l! - Xp c vr-, 1a-- l n —
( he application is Incomplete for the reasons noted below. Please fu nishhssevven(7)11sets of the
following:
( ) Please furnish seven (7) sets of the ollowing (within about 7 days, if possible in order that the
application can be advertised for the lic hearing calendar date of : ). The
advertising deadline is 22,days b ore the meeting date. You may forward the information'by fax at
765-9064, however, please'se the original and six sets by mail or by hand. Thank you.
( ) The map submit d dos not match the information on the Building Inspector's Notice of
Disapproval. Please s•
, bmit the mendments dated directly to the Building Department
for review, and if an mended No 'ce of Disapproval is issued, please furnish seven (7) copies with a
cover letter confirming that the a ended relief that is being added or revised in your request for
variance(s). Thank you.
fr
p Missing information– / p
OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet):
( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check).
( ) Available survey showing existing property/building details, with licensed surveyor information.
( ) Architectural map or updated survey showing dimensions of existing and proposed new
construction areas, setbacks to property lines, and building lot coverage calculations. '
1 ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge
detail (and mean height, if known); also landscaping proposed in the area of the construction.
( ) Letter confirming status and date of review by other involved agencies for presubmission
comments, or copy of up-to-date agency action.
( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and
copies of deeds dating back to creation of original lot lines for this property.
0-1 1_...(-•
4
.4_,2_7'sThank you. G(„1�
i '- '2,:il 11 Al 2::E5 116 -1' 4----- Town of bp uthold 'ZBA
a App. Name 0 Tax Ma -"O File No. I 'El II SEQRA - . Board Member )Vincent Orlando i
!Search: NI r D OnliSte P
' tiOther' - Hearing Time: 11-7"÷7 6:55 PM I File Number:j5830 Tax Map: 74.-2-6
. . .
.-
App. Name: Trujillo,Tim and Paula Daniel I . Received Date: J/16/2005 I Tot. Fees: I $400:00 [
Hamlet Peconic :,11-ype Residential [ zone E-11 ' Date forwarded to Town Clerk' - ,F5767275I.
,...,
Status JNew 11,Action , Meeting Dates Building Dept.
.
jLocation )580 Soundview Avenue West 1, Meeting Date 'j 1 ND Date „
1!
Short_ • Special Exception -Accy Apartment 1, Hearing Date , nail ND Date IL-
J _!Desc. ' ' I ! Hearing Date ca---1' NDDate Fa-a--
1 t;Copy F..§.1. 1
Hearing7Date j ND Date F-11 ---,
Hearing Date - l 'ND Date I
',-,
NoteS 1, Hearing L.Date _ 1:
------ II :...]
_ ___ ..„ND,Date .
I
I Aaron Date: I ' ND Date I t-
'
12/20/2005 2:57 PM I[cAPS II NUM 1 ' .
. . . ' Developed by the Southold Toyvn DatprocessIng De_partmenti
...._____
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s��s� SURVEY OF
•oI1 o. 1s $ °°+.
�I e e ,co de. LOT 46
G1\)90 oe`� �o°` s -. i MAP OF
c� �9.yti N r,
PECONIC HOMES
0'G�k4� '7%i T.S.
SECTION TWO
1P va. f FILE No. 5001 FILED NOVEMBER 28, 1967
aso SITUATED AT
N J PECONIC
TOWN OF SOUTHOLD
�O �0 / / SUFFOLK COUNTY, NEW YORK
II o1 4 `i'1 ' . \ 1� / S.C. TAX No. 1000-74-02-06
I c� o o� \ „
'Al'?" �p��`' ti \ / / / SCALE 1 =20
�'•g`��' P9 `° \--- DECEMBER 12, 2000
10
15- ��',+ \ AREA = 30,331.56 sq. ft.
'�� Oo0 \\ ,y� 0.696 ac,
• 0
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�Q�' \ PLANTER
to > f i35--03 0
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UNATHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
• • • EDUCATION 5ECTiON 72LAW.09 OF THE NEW YORK STATE i
• ,.d` • • \
f
...'! •• • . a COPIES OF This SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
'IC) •
EMBOSSED SEAL SHALL NOT BE CONSIDERED
�(y5 • .•• V TO BE A VALID TRUE COPY-
((` 4.
O.( CERTIFICATIONS INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED. AND ON HIS BEHALF TO THE
TTRE COMPANY. GOVERNMENTAL AGENCY AND
7.1..A., LENDING INSTITUTION LISTED HEREON. AND
A TO THE ASSIGNEES OF THE LENDING INSTI-
gg•,1'1 o
TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
.e'
.
THE EXISTENCE OF RIGHTS OF WAY
' YAND/OR EASEMENTS OF RECORD, IF
f ANY. NOT SHOWN ARE NOT GUARANTEED.
I
PREPARED IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TITLE SURVEYS AS ESTABLSHED
BY THE LI.A.LS. AND APPROVED AND ADOPTED Joseph A a I n g e gr n o
FOR SUCH USE BY THE NEW YORK STATE LAND
. TITLE ASSOCIATION. Land Surveyor
fn•o
7N_J::!,..1 ��,e 'c� Title SurveysSubdivisions - Site Plans - Construction Layout
I PHONE (631)727-2090 Fax (631)727-1727
i
,whill
J I f\
� r /. . OFFICES LOCATED AT MAILING ADDRESS
' . 'PT, 1' % N.Y.S. Lic. No. 49668 1380 ROANOKE AVENUE P.O. Box 1931
'4.r.'. v; � 1 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965
al
). . 20-657 1
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t1.rtlif f ,l , .L.
.
Ag!
..04.12? ' ) .l . )174-2
u'' ' do .lie 21e/ n L.43,4 a�rnX �'�� s•
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r, g "1 as 9‘; e'�t 4st'•er'
//// �� •
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V 7
UNDERWRITERS CERTIFICATE PROVIDE ANTI-SCALD AND/OR a4 HR. FIRE -
PROVIDE /. �
REQUIRED THERMAL SHOCK PREVENTING RATED SEPARATION TO
DEVICES AS TO PART. 902.6(K) �l
N.Y. STATE BUILDING CODE. ` PART. 717.3 (f) (1) OF �\
- DO NOT PROCEED WITH N.Y. STATE BUILDING CODE. \�"
FRAMING UNTIL SURVEY
OF FOUNDATION LOCATION PROVIDE SMOKE-DETECTING .
•
PROVIDE OPENINGS FOR
HAS BEEN APPROVED. ALARM DEVICES EMERGENCY ESCAPE AS
AS TO PART. 721.1 REQUIRED BY PART. 714 OF L.- J `T' 4 7
�.Y.S BUILDING CODE. N.Y. STATE BUILDING CODE.
If copper tubing used _ _ _ ,
Z4' �Z.j50., � Zc17.74 !
for water districting — —
system; piping stt)II be
of types K or L c ,Igly `r
•
Ill
Cil >;xl�Tll,t� �vDdlD'•;IV ..•IL ,.� N ri
N � �!
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,...„,..,..„, , _ , • ,\ .. ,
, • _ ,,,..., $ITE DATA
A 'C % SITE AREA .696 ACRES—30,332 8Q.FT.
\ .
VT TAX MAP # 1000-74-02.06
i,,,,: .i.',I� 1: !� .'I , • I�� a i i� , l .. ...S G-�- l_. >✓. _ • ..� ZONING R40/RESIDENTIAL
I :;.1,' ; ' I I ill:' USE
i 101 i, ;110',
i` "i� j f �~ \ J u' Existing • SINGLE FAMILY DWELLING
Proposed SINGLE FAMILY DWELLING
fie `• a -c 1.1' r l f l l r t H)!1' SITZ✓ �1 \ t \ ..,. P
un
i I� ' i.a` Il1kli; • I
° „u BUILDING AREA
E>4isttng 1,520 sq. ft.
„= , - Proposed Addition 1,744sq.ft.
f 1, • . 1.t4��, .�
ka k i.' ! i i` I;;, ;";'E ) . " `' Io.. as 3,264 sq. ft.
' 1 �� *'� • 1.++k, ,. Deck Deletion 434 sq. ft.
•
i i I; gg, r , �, TOTAL 2,830 sq.ft.
i i I N i' '�'1.h .1 +r ;L; a. .� Io.S a
f.. 'I '' i;, h , 9 / . �. a, f.0nk,
li, l i 1 �! • LOT COVERAGE
4,..i. ,� Existing 05°�G
I� •
.
_ ` ' ' * , 4V4P'. \ Proposed 09•A
ii 51 •
�; e'f'` ," 4' r•, , NOTE
.',� i 'THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM OWNER
• - A SURVEY'MADE BY JOSEPH A. INGEGNO, LICENSED LAND SURVEYOR,
TIMOTHY TRUJILLO & PAULA DANIEL
14 . RIVERHEAD NEW YORK, DATED: DECEMBER 12,2000 . 580 SOUNONICS N W AVE WEST
�" - PECONlC, 11958NY.
i ;r**
.t' ,. 4W4P is . TITLE �i 1 1• T� �+++." ...
C3ARRETT A . STRANG -.: .
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L O C A T I 0 H TF'1�� ! !��..� �Q.�1 4�'�•�.., �'�.1r:..st....�h�,4+e+ !
►m '�, .a r� c h i t e �: '.'Y"`I .r G.., -1...-r1• 1 '
�Y'` `p. SCALE ..,F . ' '--- -- - .. REVISED ' - •t DRAWING 149
•
, 1230 Traveler Street Southold N.Y. 11971 • '". � ate*` - 11�.-.IZz..c..” 7J�PY4�►.:GL1�- !! r:?,;r7 ..
• •
DATE je,. ,e, t -.�'.?.1J"r H Pw,.¢,c_. lit AK
• 631 - 765 — 5455 DRAWN BY �. = = : 1 ;. �. _�'vlsz,i%a:i _:— �:
V---/ - t� �' /f� -1"-* " PROJECT N 4 ~ I 4f F" ! ".--"
,.