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Home My WebLink About5827 if? .:2pl}g ,:;Qr:>nG.--LJ..~rl,~~__________,_____" ~, 3'70 -f-cJ;zO-P()~hP, t> &. , tht. j} 59;).7 kl"Y>o .;-e~ IN/ ~ GAl- ~e~ ~+bo-cjL ) lfll k, P if .J/. ~/ 0 " C fl J!9/ot; jJi~ ~t tk01 4~~/Oh " " , APP~~LS BOARD MEMBERS. Ruth D. Oliva. Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michae] A. Simon Leslie Kanes Weisman . http://southoldtown.northfork.net Mailing Address: Southo]d Town Hall 53095 Main Road. P.O. Box I] 79 Southold, NY] 197].0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197] /. /_~ RECEILD <I-~- c? : ~O NY/ AF': ~j"Nqf.l"1r"//". S ," .. - '. GU!!, '" '! LJLi ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (63]) 765.]809. Fax (63]) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MARCH 9, 2006 ZBA Application No. 5827 - Jonathan Zang Property Location: 370 Takaposha Road (private road), South old CTM 87.6-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 12,918 square foot parcel has 100 feet along a private road (Takaposha Road), and is improved with a single-family, one-story dwelling, as shown on the April 16, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Inspector's October 26, 2005 Notice of Disapproval, as re- issued, citing Sections 100-33, 100-239.4B, 244, concerning the applicant's proposal to demolish the existing dwelling and to construct a new dwelling and new garage. The reasons stated for the denial are that: (a) the new dwelling will be less than 75 feet from the bulkhead, and (b) the new garage is proposed partially in a side yard, rather than the code required rear yard or required front yard, and the setback from the front yard line will be less than 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 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: RELIEF REQUESTED: The applicants wish to construct a new dwelling, shown on the site plan and elevation diagrams prepared by Samuels & Steelman Architects dated December 7, 2005. The setback requested is a minimum of 63 feet between the bulkhead and the new dwelling structure, instead of the code minimum of 75 feet, and 19 feet from the front yard line for the two-car detached garage instead of the code minimum of 35 feet. ADDITIONAL INFORMATION: During the March 2, 2006 public hearing, concerns were raised about safe access for fire and emergency vehicles .as required under Section 280-A, New York Town Law, and continued use, or restricted use, of the unimproved private right-of-way, the only , Page 2 - March 9, 2006 . ZB File No. 5827 - Jonathan Zang CTM No. 87-6-7 . only access to the applicant's lot. It was the opinion of the board that an application for a variance under Southold Town Code Section 100-235 A(1), and under New York Town Law Section 280-A, is the proper procedure for addressing the site conditions and establishing minimum improvements to the right-of-way, with testimony, documentation, and notices under Chapter 58 of the Town Code that are necessary before the Zoning Board of Appeals REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Owner/applicant plan to remove the existing dwelling, and build a new dwelling and detached garage. The garage will be a two-story accessory building which must meet the height requirements of the zoning code at 18 feet, and is proposed to be used for storage and related garage uses (not for living or sleeping areas). The dwelling is proposed to comply with the FEMA regulations and meeting all other setback and building requirements of the codes. A new sanitary system will be constructed to meet the wastewater codes of the health department. The setback to be bulkhead will not be changed and will remain the same distance as the existing home to be demolished. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than the relief requested. The new home will maintain the same setback from the bulkhead as the home to be demolished. The new garage will be partially located in a required front yard and will meet the set back to the western side yard, however, a portion of the garage will require a variance due to the restraints on the property (size, location, elevations). To site an accessory building in any other yard area will require additional variances. 3. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. It is also noted that the applicant by their attorney states that an application was submitted to, and approved by, the South old Town Board of Trustees concerning regulations pertaining to construction on lots having frontage along Little Peconic Bay. 4. Grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling and garage, after removal of the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variances applied for, as shown on the site plan and elevation diagrams prepared by Samuels & Steelman Architects dated December 7, 2005, Subject to the following Condition: That before issuance of a certificate of occupancy is issued for the proposed new dwelling, the owner shall file an application for a variance, based on the requirements of New York Town Law, Section 280-A and South old Code Section 100- 235A(1), to specify the required materials to be applied to the base of the applicant's right-of- way, for safe, clear and unobstructed access, from the town street to the applicant's property, , , Page 3 - March 9, 2006 . ZB File No, 5827 - Jonathan Zang CTM No. 87-6-7 . for the reason that the lot does not have direct frontage along an improved Town Street. Deviation(s) from the variance given, such as extensions, or demolitions which are not shown on the applicants' diagrams or survey site maps, are not authorized under this application when invoiving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. Member Dinizio was absent. This Resolution was duly adopted (4-0). (JuPPu IJ. a 0.JQ~, Ruth D. Oliva, Chairwoman 4/5/06 Approved for Filing REMOVE EXI5T 5ANITARY 5Y5TEM FRENCH DRAIN Tla:> TO ~/I'ELl..5 !TY1"1C.ALJ PROP05ED c.oNc../$TONE RETAININlSI'tAl..L. A5 FlEG\JI~ FOR 5ANITARY 5Y5TEM - X "EI:: g: +4. <ri r!1 ~'M'~Y I I 1- h~ 18 . ~~ ~ ~ ~~ ('t~1I1 ~~ ..().. FRENGf- TIED TC (TYPIC., LINE ( HOUSE N. 69 1.2' 00" I^I TIE LINE ALON5 Y'IOOD SULKHEAD 100.00' LITTLE PECONIC BAY \ 4 - ~~wn ~ ~~ ~ ~ "- ~'7 ~ A ~V "A/~ o ~ U' ~ 0)' * ~ f ~t ~~ l(; .~ i ~ s' . 6'~. .I' 2,>_ 90.. ~ ''''~ ~OJf .--to I,i . ,C& .J} ~ ~. -t,s '00. KEY MAP ~ /0. ~ ~ao_ o / I / ." I ~fl / ~~ rf~ ~ SHOWWG ACCESS TO PROPERTY SCALe' ,.. $OO~ ~ ).. ~ ~ ct-.. o 0 '----1( 6' ~ (~ o ~ ~"s- "('11". ~... - 0.0.. "<>q, ...... 11- ~ (/;1'h ~.......~ ~ (~, /0.0. ,o~ ~a- ~ CO..., ~ / 'I9'C "~ SAlr ~. . ,C& .* ~ 0' U' ~ 0)' fii ~~ ~~ ~~ ~ ~ ~ ~ ).. I Ii: " G H/o/F ) ( ~", T L E: LIT CON I C P E: BAY M.H.w.At ~- SURVEY OF PROPERTY A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y 1000 - 87 - 06 - 07 SCALE: 1" = 30' APRIL 16, 2003 t~ 5~d-1 AREA = '12,978 sq. ft. to tie line ANY AL TERA TlON OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE Ef)UCA TION LA W. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTlFICA TIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y F SAD MAP OR COF'ES BEAR THE: IMPRESSED SEAL OF THE: SURVE:YOR WHOSE SIGNA Tl.IRE APPEARS HEREON. ADDlTIONALL Y TO COMPL Y WITH SAD LAW TERM' AL TERED BY , MUST BE: LlSED BY ANY AND ALL SURVE:YORS UTILIZING A COPy OF ANOTHER SURVEYOR"S MAP. TERMS SUCH 'INSPECTED' AND 'BROUGHT' TO - DATE' ARE NOT IN COUF'LI,4NCE WITH THE: LAW. CERTIFIED TO' STEWART TITLE INSURANCE COMPANY ECONlC S EYORS, P.C; 163/1 765 - 5020 FAX (63/1 765 - 1797 P. O. BOX 909 1230 TRA VELER STREET SOUTHOLD, N. Y. 1/971 '. . . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 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. MARCH 2. 2006: 2:20 P.M. JONATHAN ZANG #5827 - Requests for Variances under Sections 100-33, 100- 239.4B, and 100-244, based on the Building Department's October 26, 2005 Notice of Disapproval, concerning demolition to the existing dwelling and construction of a new dwelling and detached, accessory garage. The reasons the building permit application was disapproved are: (1) that the new dwelling will be less than 75 feet from the bulkhead, (2) that the new accessory garage will be less than 35 feet from the front yard lot line and will be in a side yard rather than the required rear yard or required front yard. Location of Property: 370 Takaposha Road, Southold; CTM 87-6-7. 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 Iinda.kowalski@town.southold.ny.us. Dated: February 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7746 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Burqon 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 16th day of February , 2006 ft~~ incipal Clerk j Lp day of t::{h Sworn to before me this 2006 ~~/ CHRISTINA VOllNSI(/ NOTARY PUBLIC -STATE OF NEW YORI( No. 01-\106105050 Qualified In SUffOlk COunt CommiSSIon ExpIres r b Y e ruory 28, 200p ~ \/\~\. p[:)\~pllo 1, e:" Y WNlNG QEAPPEALS .lIIARCH 2, 2006 . f~i~ARlNGS NOTIC'I3IiS"ltEItEBY GIVEN. pur- suant-t~_~.Qh; ~'?f the Town Law and Ghapierl0ll(Zonmg), Code of the Town g_~.S,Qu~Ql~, the following public hearings -will beheld by the SOUTH- OLD TOWN ZONING BOARD OF A ". f,ati:8i&,ToWnHall,.53095 . _ RQad. P.O, Box 1179, Southald, ~t ,Yo~k 11971-0959, on THURSDAY, ., qp,2GjI6' }",..:ll'30. i\.:M,iCiI'\GI)j..ARlNEXTEL! veRIZON ... . WIIrnLESSIORlEN'T ~ DISTRIct #5805.. Request for S~ial Exception.ptlder Sectiori 109- 16J.A fnrpubll .. _ .~eleC?IlUIlUn@- tldnsante ':l<>Cated with the ~___ De -, rnPiunications 81l1enna d relatedac- ~ry ,. _ er structure, m1he _ _ ,f; ouse Parcel, 23300 M~in Ro"ad; oftent; CTM 18-5-13.8. ZOne District: :k-Sl); 1:00 P.M. CHARLES AND LYNN Hfi.,L #5823. Request for Variances under Sections lOO-33C, l00~242A, and too-244B, based on the building lPwp...ctor's NM6mber :i6. 2005 Notice of Disapproval, amended November 29,2005, concerning proposed additions and alterations to the existing dwelling and anew accessory garage. The reasons for the disapproval are that: (1) thc ad- ditions and alterations will constitute an increase in the -degree of noncon- foimance in an area ~ted less than the code-requ1ted 10 ft. minimum on a single side yard, and (2) the setback of the new garage is required to be 35 feet from the front -yard lot line. Location of;Property: 655 Lake Drive, Southold; CfM 80-3-20. L10 P.M. ROBERT and DONNA HAASE #5832. Requests for. Vari- ances under Section 100-244, based on the Building Inspector's December 20, 2005 Notlce of Disapproval, concern- ing a dwelling proposed at less than 50 feet from the rear yard lot line and with lot coverage exceeding th~._(:;()de limita- tion of 20% for all building area on this 21,112 square foot lot, at 1695 Green- way East, Orient; CfM 15-1-11. 1:15 P.M. JIM and KAREN SPEY- ER #5819. Request for Variances under Section 100-242A (and 100-244), based on the Building Inspector's October 19, 2005 Notice of Disapproval, amended January 6, 2006 and February 3, 2006, concerning an application.to demolish a substaatiaJ. portion of the existing two- :!Iior)' 4~ and rc::construct ..~~ same ptaeewith additions and afieta:- . __,Jl!ji~&i- ~... ...... .. . ... wlIM located ..!<of. i In both ,treet~ at 2100 Jackson Street and Fourth Street New Suffolk; crM 117-10-18.1. 1:20 P.M. pEORGE and MARY SIORAS #58~g:\ Request for a Vari- ance under Section l00-242A and 100- 244, based on the Building Inspector's January 3, 2006 Notice of Disapproval, amended January 18,2006, concerning proposed additions' and alterations to an existing dwelling, increasing the de- gr~eq~ n,~P.9?uN.l]!!ance whenlocated les!ftbirfi>3ti,;~~the front yard lot line, at 5300Pequash Avenue, Cu- tchogue; CTM 110-5~32. 1;25 P.MKA.~EN FRALEIc;H. ~~,lJ~es~~a~~Aycr Ul)d~rS4:tion ;l-OO~!6, baSed''On~ttie. Building I-tl"spec- tor's. October 11,2005 Notice of Dis- appr~y~~('hfu:di~~c:ounty Tax Map Parwl.ll,Q,:5~ (-Vac,an,tarea of 20,668+- squilre feet) accessibte from a ,'private right-of-way- eXtending from the south side of Soutb CroSs' Road, to ~~pa- rate4fro;tJ.l-.tb:~a~~~p~ land ShQwJ'Las 110-5,1\3 (2"l:69$f?1iil!uare feet), known :as,650 Wes~ Road, Cutchogue. The en- ltire me'rged area of land consists of 44,561 +- square feet. i .1:35~P.M, ,,'~EDWARD and ANN O'CONNELl: #5843. Request for a Variance under-Section 100-244, based on the Building Inspe0-or's November 30, 2005 Notice of, Disapproval, con- cerning a proposed swimming pool ex- ceeding tqe:CQdeliJp.itation of 20% cov- erage for all building area on this 10,875 square foot lot, at 620 Marlene Lane, Mattituck;CfM 143-2-22.2. 2:00 P.M. ANGELO and SU~AN M. RENNA #5840. RequeSt f.c'i"a Reversal, ~r, ~g., t,~P, ~lt~Ir.z.~~'~e' 'it Variance, under Sections l00-242A and 100-244, based 'on the Building'Inspector's November 21,2005 Notice ofUisapproval concet:n- ing proposed additioIls' and alterations to an existing. dwellin,g, ,incrqsing the degree of nonconformance when lo- cated at less than, 35, feet frO{tl the rear yard line; less than 35 feet from the front yard lot line, an4less than 10 feet on.a 'single side yard,at Hedge Street,Hshers Island; CfM 1000-10-7-19. 2,05 l'.~,PAillA..ONG *5841 - Re.. quest for Variances under Sections 100-23!MB-and: 1()()...244; based on' the building Inspector's December 5, 2005 Notice of Disapproval, amended Janu- ary 17,2006 concerning a proposed new dwelling, after demol,itioil of the existing dwelling. The reasons for disapproving the building permit application are thal the new dwelling will be: (I) less than a total side yard (both sides) of 25 feet, (2) less than: 15 feet from the.bu~head, and (3) the lot coverage will.exceed the code limitation of 20 percent for all building area with the ~ sarage. I,.ocation of Prope"" 3945 CampMineoIa Road, ~'i10~ Mattituck; crM 123-5-30. 2,10 P.M. CAROL FEStA ...d THOMAS GEPPEL, JR. 4I';S3.4 -,if.e- quest for a Variance under Section 100- 33, based on the Building Inspector's November 2,2005 Notice of Disappn;)V- aI, concellJ;Utg a proposed switfiP.1u1& pool in an area other than the" cot1e~ ( requ!r~d rearyar~, at 450 Harl;l,qrview ; Avei?-u~, Ma~!U~,(:Thf,99.-..~{2,t;3. 2'20~M. JONATHAN i\\'Nctf'5827 _ Requests for Variances under Sections' 100-33, loo-239.4B, and HID-244, based on the Buil~gpepartment's Octo,ber 26,<2005 Noticc"l?fDisapproval,cohcetii- ing demolition ~o the existingdv.:e~g and construction of a new dwelIingiJ1d detach~d,accessory garage.1h~}' the building permit applicay()~/~v~ approved are: (1) that the"ne\V~_ will be less than 75 feet froiil,tlie he.ad.., (2) that. th~ n~w a~s()ri:.'.~.'.'ta..,.,.,..se.' will be less than 35 feet. frOm the.frQnt rar~:~ot~"and will bein.a sW~Y.;lrd ratblti'-_~Jhe 1;equired rear yard orre- q\lired front yard. Location ofProp<<ty: f3r~~p,psha,Road, Sou$gl4.;,gIl4- 87~P~. ;,:' , . _:~_'_':r,')'j: 2,30 P,M. SHINN VINEY"Wl,1NC.' and BARBARA SHINN #5836: Loca- tion of Prope~: 2000 Oregon Rq,cui, IMaWtuck, CIM lOOO-100-4-3,1.Ci!l!d 3.2). Requests for: (a) a Variance1IiI~~t Section 100-32, based on the Buiklffig Inspector's December 19,2005.NQtice of Disapproval concerning 'pr;()p'~d additions and alterations to the aist-. iing single-family dwe1ling"ilt les$,~ '60 feet from the front yardlo~~.~ (b) a Special Exception under"SeOfiOn 100-31B to establish an Bed aJ;ldB~- fast as an' accessory use to tbeowner's residence. , 2;35 P.M. ANTHONY and SUSAN NAPOLITANO #5835. Request for a Variance under Section HJ()~239AB, based on the Building Inspec~()r!s_Oc- tober 19, 2005 Notice of Disapp't~yal amended December 27, Zoo5 cQncelil- ing a proposed 'swimming pool- atleSli than 75 feet from the-bulkhead,al200 Cleaves Point Road, East MariOd;~ 38-2-23. 2:45 P.M. ANTHONY and '<t).j\:NI- ELLE CACIOPPO 115686. ~q*"" for Variances \!nder ScctioQ.,"JW~~, based on the 'Building. Dep~..t's October 14,2004 Notice of Dis1il~'~YI~ amended November 9,2005;CO~~ proposed addiuons and. altel'aums"'~o the existing dwelling atless than_ 4Q~'teet from the front yard line and exceeding the code limitation of 20% totallotC()v- :erage for all building area, at 1455 ,Inlet Way, Southold; CIM 92-1-4. 3,00 P.M. TERRY ~cLA,I.tPHLIN #5837. Request for a Varian~_uo:der Section 100-33. based 00 ~'_ll.U~l'.i'~ll Inspector's October 24. ,2M!;~ of Disapproval" amc:eniiD& a ~ lIWimming poot in an ttrea~''''' IOafe<l' F<ibruary 8,2006, . ZONING BOARD OF^","EALS RUTHD.OUVA,g~ 7746-IT2tI6 _ ~ __ ~^ (J-4-fl,- -~ ...-' FORM NO.3 ~ . TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. 2f J-a 017 __--.fi" Vv€.lC:l tTE: October 26, 2005 ~.a(~.. ' '~~{l~:fi\/)l:./Ci\ /J~) .-J NOTICE OF DISAPPROVAL , TO: Samuels & Steelman ale Zang 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated October 26, 2005 For permit for demolition of an existing single family dwelling and construction of a new single family dwelling and accessory garage at Location of property: 370 Takaposha Rd.. Southold, NY County Tax Map No. 1000 - Section 87 Block Q Lot 1 Is returned herewith and disapproved on the following grounds: The oroposed single family dwelling. on this non-conforming 14.810 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B which states; "All buildings located on lots upon which a bulkhead. concrete wall. riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." \~ Followin the ro osed construction the dwellin will have a setba bulkhead. In addition. the proposed construction of a new accessory garage is not permitted oursuant to Article III. Section 100-33. which states, "In the Agricultural-Conservation District and Low-Densitv Residential R-80, R-120, R-200, and R -400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear vard. . ." and "In the case of a waterfront parcel. accessory buildings and structures may be located in the front yard proyided that such buildings and structures meet the front-yard setback requirements as set forth bv this Code." (J The proposed accessory garage is located partially in the side yard and its front yard setback will be 19 feet. which is not permitted pursuant to Article III. Section 100-244 which states that principal setback is 35 feet. v This Notice of Disapproval was amended on November 2. 2005 to address omsissions. '. I' , APPL.TION TO THE SOUTHOLD TO\AoARD OF APPEALS "..-. '1.... ~ Fo, Office Use Only ~ I Fe" $ bOO. Filed BY? A ~ Dale ASOIgJwl;,\"ignlllellt No. Iot/ I If/or ""i!fP' moo< "0<" '. Parcel Location: House No.370 Street Ti:lkPtoc;.ho. E?t:R _ Hamlet 2:1ou.'h/-J lei SCTM 1000 Sectioni:LBlock~Lot(s) 7 Lot Sfz;,$-' 0 Zone District /Z.-'1o I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: (O/2{P/C~- Applicant/Owner(s) : Jon ~MQ" 2ur>j -;//- 07<S /' boslo/? M4 o~ / I 'I Mailing Address: IPs- A-nderScvl Slr~ r:./7-7cB - 05"31" Telephone: NOTE: If applicant is lIot the owner, state if Olpplic:llll is Oll'ner's nHorney, agelll, architect, builder, tanlrllet venuee, efr. Anthorized Representative: /klrcc Ie, Address: S) 0 2-0 melt ~ ,(Dad, Telephone: ~pl- 7ft>S'- '1-330 c /J1 CJ (') rr- '=:.5'1' ~uMold;liy /1'17/ 7!,S- ~~'I3 (~) Please spe~ify who you wish correspondence to be mailed to, from the above listed names: D Applicant/Owner(s) )(Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ). Buiiding Permit o Certificate of Occupancy D Pre-Certificate of Occupancy D Ch ange of Use o Permit for As-Built Construction D Other: Prnvision of tbe Zouing Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. f3 Article-1()<l111 Section 100- "239,7' Subsection Ibu-ICU III Xc:.fr"n /00 -- Ol 'T'"f Type of Appeal. An Appeal is made for: )li.A Variance to the Zoniug Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 2BO-A. D Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. _Year__ . . Reason for Appeal Continued Zoning Board of Appeals reo Jonathan Zang Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: ;> 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. Takaposha Road is a private road with only 5 homes. The subj ect property is surrounded by a 45 acre parcel. The existing home is on a 12,918 sqft lot and the home predates zoning and all current building codes. The degree of improvements required to bring this house into compliance with the State Bui lding Code mandates compliance wi th the FEMA regulations. Consequently, the finished floor elevation must be brought up and the entire house must be reconstructed. All the homes along Takaposha Road, as they require repairs and renovations, will be faced with the same regulatory constraints. The house complies with the required setbacks, however, the house can not comply wi th setback to the bulkhead and maintain the required setback to the road. Also the location of the house is established by the need to replace the sanitary. The only location for the sanitary is in the front yard. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant must comply with all other regulatory agencies and the new york state building code. The house will retain the existing established setback. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The regulations of setbacks to the bulkhead were established after the creation of this lot and the existing house. The lot is only 129 feet in depth, therefore the house has been located at the most reasonable setback given the location of the sanitary and the existing house. Z6 0~1 . . 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The degree of the proposed construction is necessitated by the environmental regulations imposed on the property. The owner must comply with the setbacks of the DEC and the elevations required in the FEMA regulations. The DEC permit is pending and the Trustees have granted the request, as proposed. 5. The alleged difficulty was not self-created. The conditions of the property, topography and size of the create the difficulty. The replacement of the existing house it's established setbacks is requested. lot, with 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. ature State of New York ) )ss County of Suffolk ) Swo to this1 day Dee. 2-oo~ _ll__ ---"'-- o.::'.."::*'"~ z 001 c......AbI.....,u, .. ~S6~~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ',. SOUTHOLD, LY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/SoutholdJ BUlLDINjiPERMIT APPLICATION CHECKLIST 9u have or need the following, before applying? Board of Health 3 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: . PERMIT NO. Examined ,20_ fl.20 lojh/r- - Approved Disapproved a/e Expiration .20_ /......_~ -.-..... /,"'''-'''' ,,' /'. / ~./ Phone:,ZM_ /, 4f,;; ._.~._..- Ii:! i.: - ti IT))l.LICATIONFORBUlLDlNGPERMIT \ , '" On 2 4 1116 0 j () '7 -. : L,I) :.._~ Date cr L(./ , \ .," ..' ........"2:.[' INSTRUCTIONS a. ThJs<rPfJ1ication MuST'be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining'premises or public streets or areas, and watelWays. c. The work covered by this application may not be commenced before issuance of Building Pelmit. d. Upon approval ofthis application, the Building Inspector will issue a Building Permit to the applicant. Such a pemrit 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 otber 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. APPLlCA nON 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, ho ing code, and ulations, and to admit authorized inspectors on premises and in building for necessary inspections. , 20Q.5.. State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Arc.hi+e/~t Name of owner of premises ..J(')l'")-'>l ~ Y) 2Gl.ng, (As on tflk tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location ofland on whi0,E!:o\,osed work will be done: ?>70 ~k~ bn~hC'Q, ,Q,--J House Number Street f ~r; I )+h", Irl Hamlet County Tax ~Nt}, ilOOl'l Seefion' Subdivision ~7 Block D (" Filed Map No, Lot 07 Lot I (Name) . . 2. State existing use and occupancy of premises and intended u~e and occupancy of proposed const\tiction: a. Existing use and occupancy R~,-;irL"..>;'f,dJ b. Intended use and occupancy Re.6Iden+I&)' 3. Nature of work (check which applicable): New Building X Repair Removal Demolition )<. 4. Estimated Cost It ~ OI'""Y> Fee Addition Other Work Alteration (Description) 5. If dwelling, number of dwelling units If garage, number of cars 2- I (To bc paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, corumercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 72. 1 Height 21. . Number of Stories '2. Rear 72. I Depth ~(.I 9. Size of lot: Front , 'no Rear I t!?() I Depth /Z&J't: 10. Date of Purchase 2062- Name of Forrner Owner ~c>r<". 7 .;;].n:J II. Zone or use district in which premises are situated A-c.. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES A NO_ 13. Will lot be re-graded? YES L NO_Will excess fill be removed from premises? YES_NO ~ 1"lA. CI Z.U.4 14. Names of Owner ofpremises.JM).qft,&n 7Ahj Address t.<=;.~""""'.1?o<,Tl:loJ Phone No. C, /7 _ 7z?J-{."5 ~_ Name of Architect ~.n-.l "'" h t~rh<) h Address.:::z,~ln f2.,-1 Phone No foal _ 1.34-- 1.405 Name of Contractor Address 'J ue..,. /V'r Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO_ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 4- NO_ * IF YES, D.E.e. PERMITS MAYBE 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. (S)He is the STATE OF NEW YORK) 55: COUNTYO~ NOiYt1 ~a' Y\being duly sWOrn, deposes and says that (s)he is the applicant (Name of i dividual signing contract) above named, Avrhh+ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. efore me this cL, 1_ ~ day of CC;rv~ 2(0.5 RICHARDS Notary PulNidary Public, State of New York No. 01 R.l6042467 Qualified in Suffolk County_----"\ Il Commission Expires May 30, 2UlJ7:"-''-'" T ~.~ -~L I I '" V -N- ~ TOINOF SOUTHOlD WNOE"""TEIlUWD, 98.0Alcl <9 "-. , X ! -----....'-_J Cor", Cree/( ~.. --------"'- ~- ~- -----~ -,,/- L--. )" 0>,-..., ~- , ... ~~ ~- ~ .~ ~.. 1$..-----. ---- ----------. ---- / / ~ ! ! "~ ~ I . ~-- -- s_~~~~ ~. I I I I I~ - I- ~~-~-- ~~. NECK BAY .~. ~~.~ :1 PI'IOPUlTJE, D'5TR>CTS, "-- NCiTlCo- COUNTY OF SUFFOLK Q) Real Property Tox Service Agency COlI'Ity Center Rlverhead,N Y 11901 SCALE tN FEEl: . ~ ill... 087 MAINTENANCE, Al TERAJIO~, SAL[ or.. CHSTRIBUTtQNOc "NY POR110N OF lHE SlHOLK CI)IJNTr TAX IIIAP IS PROHIBITED .ITHOUl WRITTEN PfR~ISSIQN OF lHE RfAlPflOPERTYTAX&tRVICEAGENCY "' , E y " A P ,,,,. SOUTHOlO SECTION NO .. "SO,." .. 1000 PROPERTY M,6P CONVEI<SIClN OATf, ~p".I7.ml _.."..",.j.<&-C='"~"'::::~~="'~' .~!!~~-~-!!!! ,;,. ~ >~ · COUNTY OF SUFFOLK- @ REcerYerfl JUN 7 Z006 I 7.0~NE..~eAPI2.2F ~!T!AtJ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING June 1,2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision oflocal determination should not be construed as either an approval or disapproval. Applicant( s) Municipal File Number(s) Zang, Jonathan 5827 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M :\ZONING\ZONING\ WORKING\CHRISLD\aug\sd5680.sep.doc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER 16311 853-4044 V\lP\d\ S .-1 1-<'-- uJl Ul\J.s fl}/)- I .1.)-"- L -I- i-r W '/ - 10-7\.r~811 ~~ 10-) - K SMITH, FIN'1;LSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN' STREET P.O. EOX 389 RIVERHEAD, N.Y. 11901-0203 FRANK A. IST.ER SUSAN ROGRRS GHUN GAlE G. BETTS ,JEANMARTE GUNDERSON PHIL SIEGEL (631) 727-4100 HOWARD M. FI.NKELSTEIN OF COUNSEL FAX (631) 727-4130 PIERRE G. LUNDBERG HETIRED f-_c_--~:::~~~'9nic.net " I I ' \ JUN 6 2007 i June 5, 2007 Z0 'i'/SJ1 ! .... -,-- -,-' '-"', l,,':':"::':'_:.~' 1<'RANCIS J. Y AKAEOSKI OF COUNSEL REGINAT.D C. SMITH 192G-19BLi James Dinizio Chairman of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 I f,~""I- T ~j1-;'f.Js Re: Blocker v. Town of Southold ZBA We are pleased to enclose the Court's decision whereby the application of the petitioner has been denied. If you have any questions, please do not hesitate to call. Very truly yours, J(1: ~S"~ Frank A. Isler FAllcd Enclosure cc: Kieran Corcoran, Esq. - w/encl. , , SUPREME COURT OF THE STATE OF NEW YORK IAS PART XXI - COUNTY OF SUFFOLK PRESENT: HON. JEFFREY ARLEN SPINNER Justice of the Supreme Court r--------------------------------------------------------------1 I JULIUS G. BLOCKER, Trustee, as Trustee for the Julius G. ! Blocker Revocable Trust, i Petitioner, : I I I I I I I I I I I JONATHAN ZANG, I I I I Respondent. : L______________________________________________________________~ INDEX NO.: 2006-10850 - against - MOTION SEQ. NO.: 001 - MD ORIG. MOTION DATE: 06/20/06 THE TOWN OF SOUTHOLD, THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD and FINAL SUBMIT DATE: 02/28/07 UPON the following papers numbered 1 to 81 read on this Petition: . Petitioner's Petition & Supporting Papers (pages 1-33 & Exhibits A-C & A-B); . Respondent SOUTHOLD's Answer, Supporting Papers & Return (Pages 34-56 & Exhibits 1-28); . Respondent ZANG's Opposition (pages 57-69); . Petitioner's Reply (Pages 70-81); it is, ORDERED, that the application of Petitioner is hereby denied in all respects. Petitioner moves this Court for a Judgment, pursuant to CPLR Article 78, vacating and annulling the determination of Respondent ZONING BOARD, made March 9, 2006, which granted Respondent ZANG's application for certain area variance relief. Succinctly stated, Respondent ZANG owns a parcel of property on Takaposha Road, in the Hamlet of Southold, Town of South old, County of Suffolk, State of New York, which has a total area of 12,918 square feet, undersized for the zoning district where it is located; it is presently improved by a single family home with an attached garage, built in approximately 1960; Respondent ZANG desires to demolish the present structure and build a new dwelling and detached garage, which requires a variance from rear yard setback requirements (75 feet to 63 feet) from the rear of the dwelling to the existing bulkhead; and a variance from front yard setback requirements (27 feet to 19 feet), and side yard restrictions (location of accessory garage in side yard), for the placement of the garage; Respondent ZANG also must bring the new structure to "current standards" regarding hurricane construction and sanitary waste disposal systems; the sanitary code requires the house to be raised sufficiently for down flow of the system, which Respondent ZANG's architect explained at the hearing necessitated separation ofthe garage from the dwelling, otherwise further variances would have been required and a ramp would have been required to access the raised height of the garage, which still would not have functioned due to short setback and slope grading; Petitioner appeared at the hearing through his Counsel and noted his objections; Defendant ZONING BOARD took all testimony into consideration and rendered its decision. Page I of 3 . The statement of fact contained in the Memorandum of Law submitted by Defendant SOUTHOLD's Attorney very adeptly memorializes the process Defendant ZONING BOARD used in taking testimony and rendering its decision, demonstrating it met all the standards required before making a determination on an application. Petitioner does not make the case that Defendant ZONING BOARD failed in their task. It is well settled law in the State of New York that a Court may not substitute its own judgment for that of the reviewing board (See: Janiak v Planning Board of the Town of Green vi lie, 159 AD2d 574, 552 NYS2d 436 [2 Dpt], appeal denied, 76 NY2d 707, 560 NYS2d 989,561 NE2d 889 [1990]; Mascony Transportand Ferry Service v Richmond, 71 AD2d 896, 419 NYS2d 628 [2 Dpt 1979], aff'd, 49 NY2d 969, 428 NYS2d 948,406 NE2d 803 [1980]). Therefore, if the decision rendered by the reviewing board is within the scope of the authority delegated to it, the Court may not interfere and annul it, unless said decision is arbitrary, capricious or unlawful (See, Castle Properties Co v Ackerson, 163 AD2d 785, 558 NYS2d 334 [3 Dpt 1990]). It is, therefore, indisputable that the standard of review for determinations of Respondent is whether the decision rendered is arbitrary, capricious and/or unlawful. It is also well settled law that arbitrary action is defined as being without sound basis in reason, and is generally taken without regard to facts, but rather reviewed as to whether the determination has a rational basis (See, Pell v Board of Ed of Union Free School Dist No 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 43 NY2d 222,356 NYS2d 833 [1974]); and that the Court of Appeals has held that an administrative sanction must be upheld unless it shocks the judicial conscience and, therefore constitutes an abuse of discretion as a matter of law (See, Featherstone v Franco, 95 NY2d 550, 720 NYS2d 93 [2000]). That being said, there is no showing that the decision rendered by Defendant ZONING BOARD was arbitrary, capricious or unlawful, and therefore the Petition must be denied. For all the reasons stated herein above and in the totality ofthe papers submitted herein, it is, therefore, ORDERED, that the application of Petitioner for a Judgment, pursuant to CPLR Article 78, vacating and annulling the determination of Respondent ZONING BOARD, made March 9, 2006, which granted Respondent ZANG's application for certain area variance relief, is hereby denied in all respects. Dated: Riverhead, New York June 4, 2007 l ./ FINAL DISPOSITION ./ SCAN NON-FINAL DISPOSITION DO NOT SCAN Page 2 of 3 TO: Fallon & Fallon, LLP Attorneys for Petitioner 53 Main Street, PO Box 423 Sayville, New York 11782 Smith Finkelstein Lundberg Isler and Yakaboski, LLP Attorneysfor Respondent SOUTHOLD 456 Griffing Avenue, PO Box 389 Riverhead, New York 11901-0203 William D. Moore, Esq Attorney for Respondent ZANG 51020 Main ROad Southo1d, New York 11971 Page 3 of 3 ... '1=J1"1.II~1..I'l. @ App. Name 0 Tax Map 0 File No; Search: 1 o II SEQRA o Unliste o Other File NumbEir:ls827 Tax Map:187.-6-7 App. Name: Izang, Jonathan . Hamlet ISouthOld Ty Residential Zcine.IR-40 Status: Closed Complete Action:/conditional Approval Location 1370 Takaposha Road (private right-of-way) Short Demo ex.fbuild sfd with accy garage; 100-239-4B Desc.: requires 7S' from bulkhead; 100-33 requires accy Copy ~I bid in rear; shows 63 ft. from bulkhead partially in fv. Condn: Reouires NYTLaw280A var. orocess. Fallon & Fallon repro Owner of r-o-w filed Art 78 Notes (more than 30 days past service date, untimely service?). Court ruled upholding ZBA decision! Town of Southold ZBA Board Member Ijames Dinizio Hearing Time: :jZ:43PM Iii[, ~" Received Date: t114/2005 Tot. Fees: I $600.00 Date forwarded to Town Clerk 12/19/200S Meeting Dates Building Dept. Meeting Date 1 ND Date 1)/26/200S Hearing Date 11 3/2/06 NO Date 21 Hearing Date ND Date 3) Hearing D ND Date .41 Hearing Date 4 ND Date sf Hearing Date sl NO Date 61 Action Date: 13/9/2006 ND Date 71 Developed by the Soutl1old Town Data Prooesslng Depart!""n! 16/6/2007 13:30 PM I c;APS I NlIM 1