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APPEALS BOARD MEMBERS
James Dinizio. .Ir.. Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
.
Mailing Address:
Southold Town Hall
53095 Main Road' PO. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex /First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
http://southoldtown.northfork.net
RECEIVED
q.{j-.kd lI:31CL'IY).
JUL 2 6 2C27
~~tl n~u~~
FINDINGS DELIBERATIONS AND DETERMINATIO~~ To~
,
MEETING OF JULY 12, 2007
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765-9064
ZB File No. 6025 - Roger P. and Constance A. Smith
Properly Location: 60015 Main Road, Southold
CTM 56-3-10
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicants' 60,054 square foot parcel has 90 feet along
Main Road (S.R. 25), 481.52 feet in depth along the westerly side lot line measured from the Main
Road to the L.I.R.R., 141.95 feet in width along the rear lot line. The property is improved with a
single-family, two-story frame dwelling and accessory single-story frame garage, as indicated on the
March 31, 2005 survey prepared by Burton, Behrendt, Smith, P.C.
BASIS OF APPLICATION: Based on the Building Inspector's January 22, 2007 Notice of
Disapproval citing former Code Section 280-15, and based on the current Code Section 280-15, the
applicant is requesting a new accessory garage on a parcel containing 60,054 square feet: (1)
proposed at 5 feet from the property line instead of the current code requirement of 20 feet, (2) with
dormer construction at the roof which exceeds the code limitation of 40% of the total roof width, (3)
at a proposed height exceeding the code limitation of 22 feet to the top of the ridge, and exceeding
the former code limitation of 18 feet to the mean height. In addition, the applicant is proposing an
accessory pergola partially in a side yard near their house with a proposed setback of 9'6" from the
easterly side lot line, instead of the code-required rear yard located 20 feet from the side properly
line and less than 10 feet from the code (former provision in effect prior to the Town's code change
adopted January 16, 2007 pertaining to setbacks and height of accessory buildings).
The January 22, 2007 Notice of Disapproval cites former Code provisions concerning a minimum 10
ft. setback and maximum limitation of 18 feet at the mean height. The current Code Section 280-15,
which has been in effect, during the processing of this application, was adopted January 16, 2007 by
Town Board under Local Law Resolution 2007-127, requiring that new accessory buildings not
exceed 22 feet to the highest paint of the ridge, that the minimum setback shall be 20 feet as well as
a rear yard location, and dormer construction shall not exceed 40% of the total roof width.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required
under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Pa~e 2 - July 12, 2007 .
ZB File No. 6025 - Roger P. and Constance A. Smith
ClM No. 56-3-10
.
Department of Planning issued its reply dated May 2, 2007 stating that the application is considered
a matter for local determination, as there appears to be no significant county-wide or inter-
community impact.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 31, 2007 and June
28, 2007, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board finds the
following facts to be true and relevant
AREA VARIANCE RELIEF REQUESTED: The applicants are proposing a new garage and an
accessory pergola structure:
1) The new garage is proposed with two stories, five (5) feet from the side property line
instead of the current code requirement of 20 feet.
2) The new garage as originally proposed will have dormers that exceed the code limitation
of 40% of the total roof width.
3) The height of the new garage is requested at 22' 7" instead of the code limitation of 22
feet to the top of the ridge.
4) The proposed pergola will be located in a side yard instead of code-required rear yard
with a 20 ft. minimum setback.
AMENDED RELIEF REQUESTED: During the May 31, 2007 public hearing, the applicants were
requested to consider alternative plans, possibly three alternative plans (A, B and C) that would
show a location of the garage in the rear yard with more setback conformity to the code requirement,
as well as considering one of the Board member's requests to turn the 24' by 40' building in the
opposite direction and gaining setback from lot line, possibly at 15 feet, for more conformity to the
code). After further discussions at the hearing, the applicants acquiesced, saying they would
consider submission of alternatives. On June 18, 2007, the applicants submitted an alternative site
diagram, an elevation drawing showing a different building with modified roof line, amended first and
second floor diagrams (adding a half bath and increased size), after rernoving the dormer
construction and creating a different roofline to meet the dormer restriction of the zoning code. The
applicants also submitted an amended site drawing dated June 13, 2007, with a proposed modified
accessory garage modified to show a change in the configuration and size at 40 feet by 36 feet at its
widest measurements (variables shown 24' plus 12' by 40'), instead of the original garage/barn
proposed at 40 feet by 24 feet.
In addition, a written outline was furnished by the applicants re-stating their desire to remain at 5 feet
from the westerly side line instead of the 20' code-required side setback, maintaining the same
maximum height at 22' 7" to the top of the ridge instead of the code limitation at 22 feet in maximum
height, and maintaining the same desire for a pergola and raised terrace/patio.
FURTHER AMENDED RELIEF: During the June 28, 2007 public hearing, the Board again asked
the applicants to consider alternatives that would bring the garage into more conformity to the code
20 ft. minimum side setback requirement, other than the requested five or seven foot setback from
the westerly lot line. The applicants confirmed they could only agree to an additional two feet, for a
7 ft. minimum setback instead of their original plan and amended plan.
Palle 3 - July 12, 2007 .
ZB File No. 6025 - Roger P. and Constance A. Smith
ClM No. 56-3-10
.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of alternative relief will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The applicants propose to demolish an existing
nonconforming 18 ft. by 20.1 ft. one-story garage which is situated +/-87 feet behind their home and
2.5 feet from the westerly side lot line, and to build a new 40 feet by 36 feet at its widest
measurements (variables shown 24' plus 12' by 40') at 7 feet, or less, instead of the code-required
20 feet. The existing dwelling is +/-51 feet from the front lot line and nearly centered between the
two side lines in the front yard adjacent to the street. Behind the applicants' dwelling is a large rear
yard consisting of 141 feet wide by 324 feet deep, landscaped with several mature maple and other
mature trees, all shown on the March 31, 2005 survey prepared by Burton Behrendt Smith, P.C.;
also noted in the L.I.R.R. along the northerly lot line. The applicants indicated there is a significant
change in elevation when leaving the old garage and stating if the setback is increased it would
require a great amount of fill. The applicants also indicate that they can capture the water runoff on
site and for water runoff from the roof that abuts the westerly neighbor's property by installing
drywells from roof leaders and gutters. There is no doubt that there is a significant amount of area in
the rear yard of this home. The aged walnut tree and the difference of elevation when deviating
from the immediate rear yard of the home lend to the reason to grant an alternative setback for
location for a new garage/barn.
2. The alternative relief granted herein is substantial. It represents nearly 25% reduction of the
code required 20 ft. setback with the grant of alternative relief for a 15 ft. setback.
4. The difficulty has not been self-created and is related to the mature trees and grade of the land
near the old garage.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant
to enjoy reasonable use of his property for a larger garage, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member
Oliva, and duly carried, to
GRANT the variance with respect to the pergola/patio area, as applied and shown on the
December 2006 site plan A-1, and elevation plan A-3, prepared by Burton, Behrendt Smith,
and to
DENY the setback variance as applied for concerning the proposed accessory garage, and
Grant Alternative Relief with the following Conditions:
1. Allow a minimum setback at 15 feet from west property line,
2. Allow a maximum height of 22 feet 7 inches as applied for,
.
Page 4 - July 12, 2007
ZB File No. 6025 - Roger P. and Constance A. Smith
CTM No. 56-3-10
.
.
3. Allow plumbing for the requested half bath (sink and toilet),
4. No habitability of the accessory building, and
5. Accessory building shall be unheated (as proposed).
That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when
issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any
current or future use, setback or other feature of the subject property that may
violate the Zoning Code, other than such uses, setbacks and other features as are expressly
addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva, Goehringer, Simon, and Weisman. Nay: Chairman
Dinizio. This Resolution was duly adop' (4-1).
JUIY.,7j"2007
I
RECEIVED
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Southald Town Clerk
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I:'1WA1ImIR ClIM'lMI ~ AI;R:R m NAVn.
SUFFOLK COUNTY TAX MAP DIST:1000 'SECT:056
BLK:03 LOT: 10
BURTON
BEHRENDT
SMITH
PC
MAP OF DESCRIBED PROPERTY
LOCATION: SOUTHOLD
ENGINEERS
ARCHITECTS
SURVEYORS
TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK
SURVEYED: MARCH 31. 2005
CERTIFIED TO: ROGER P. SMITH AND CONSTANCE A. SMITH
VENTURE TITLE AGENCY, INC.
SCALE: 1" - 50.00' FILE NO: 05-207
244 EAST MAIN ST.
PATCHOGUE. N.Y. 11772
(631) 475-0349
FAX 475-0361
.
.
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MAY 31, 2007
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. MAY 31. 2007:
10:05 A.M. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1)
based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code
Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed
accessory garage construction which will exceed the code limitation of 40% for dormers. The
Notice of Disapproval cites the former Code provisions concerning setback and height
requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height).
Current Section 280-15 as amended by Local Law states that accessory buildings shall not
exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet
(when located in a rear yard). In addition, a Variance is requested to locate an accessory
pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard).
Location of Property: 60015 Main Road, Southold; CTM 56-3-10.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at
each hearing, and/or desiring to submit written statements before the conclusion of each hearing.
Each hearing will not start earlier than designated above. Files are available for review during regular
business hours and prior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: April 30, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address)
P.O. Box 1179
Southold, NY 11971-0959
('
,
#8363
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Dina Mac Donald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
--1-week(s), successively, commencing on the 17'h day of Mav, 2007.
~10~QON
Principal Clerk
Sworn to before me this
2007
jiJ
day oflll ~____
CHRISTINA VOtI~I~KI
NOTARY PUIH.lC.S1ATE o~ i'l!:W YORK
N!) ::IV10610:1050
Quallhl'ie III t'-,,'~.:'I!~ County 006
commlUIQf1 b~lrl!!& 1'~..HUQry 28. 2
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-- LEGAiN([1;i<:~-
SOUlllOLD TOWI'l,ZONING
BOARnOFAPPE\.is
I1JljRSDAY,l\fAY 31,2007
liV8UC HEARINGS
NonCE is UEREQY GIVEN, pur-
:;uant 10 ScctlOJ] 267 o[the'Tovm Law
and ChapkrlOU (Zoning), Cil(ko[ tht
],)wn ur SO!lthold, the following pu~hc
hearings 'mil hchdd by the SOUTH-
OLD TOWN ZONING BOARD OF
APPFA15 at.'the To"\'Il Hall, 53UY5
lVlain Rond, e0.Box 117'J, Southold,
New York 1197J -0959, on THURSDAY
MAY)l 2007~
'1:JO A.M. DR LAWRENCE KEL-
J.Y #6026. Re'lu(:St for."Variancc Ull-
un Co<.k Section 280.86, based Oil th~
Buildillg Inspector's J~nuary 2,' 2007
NoticeofDi~"pprovalconccrnihgapro-
posed ground idenfiIication sigh which
will be larger lhalL two square' fed-in
art'a. at 26270 Mam Road, Culchoguc;
(TM109-3-3.
'1,'15 A.t-.L PECONIC RECYCLING
Al\'D TRANSFER CORP. (,Ind COM.
MERCE EAST ONE, LLC hyJOHN
M. D1VELLO) #,6030. Request for
ArcJ VJIlJneCS under Sections 280-59,
2RO:60Aand C"basedonthe Bui]ding
Insp;xtor's March'22, 2007' Notice_ of
Di,sappnlVal c()~c~nllngprop()s;cd bUll<:!-
ings.lb'c',Build~lg-lnspectorstates\hat
thc;bUlldmgconstructio.Qwiil be: (1) Ips!>
than 75 fooet frornthe rear'prupertyline,
(2)1essthantOOfeetrromthl;:ri.ght-of-
way (a]s~) afro!:!, rTOpcrt? .Iinc),,:a1d <~)
gr"'Jtcrthan6QhI)earfeet'~[ rrol)tJgc
(wldth)_, LOtatJo\l-,\l(Jif~P~rty,:, C01f1-
mcrceDrive, am;! proppse(rtlght~pf-Vray
or ro\,d,Cutc~ogue;qN:95_2_5,
lO:051:~:~OOE[{>", SMl"lH aIld
CONSTANCE 'A. '~MJ:;rq, ',#,602?c_ ~e-
quesl fOl Varian~es:'(l) bilsed on thc
Building Inspector's January 22, 2007
Notice of DisllPproyal citing former
Codc Section 2XO-15'"aml,(2)-,qased on
thccurrcntCudeS."ciion28tJ.]5con-
cc~njng, tll<' PFo"p,9sc,r4~~?~~i'ygilrage
cons!ructlon'whiGjJ wTI.I;",~l:eeWtbe code
lumt'llion. of4D% ior'".'dohri',;rs_ Th"
Noticeo[ Di5approvalcJ,tes the tormer
(lode pmVlSlOJlS'."concerning setback:'
~ndheigh! rc~ui:em~n!s (citing 10 ft. a~
amllllffillHlsetback'ar'tdIHft.as;l/n;lxi",
ilIum mean height), Current Section
Zi\O,15ils mnertded bv Lucal Law stales
that accessory bujl<Jrn'gs sbaH nut exceed
22 fcdto the highest point of the ridge,
and that 8e1backs shall be not le~$ than
20 feel (wheriJocatcd.ina rear yard).
In ?dditi(m:;a Xariil~f~,is;IC;qucstf~ 19
l~a.tc":~,,\!!Gi;e~ot'~"'pirg,?~' !ih;:~:;sid,~
yard'(rathelthan the,cbde-rei'iUlredZfl
f,\: 8etbac~ ,WII~I,I~c;l,~"dm" il,leflf ,y'~rd)"
Location ofProperl)'lh001SMain R'ond,
Southold; CTht 56.+1U
10:35 A.M. CHERYL and ERIK
HANSEN #6032: RequeSt for a Vali-
all\icun~t;r Se~tj,!:1I:zgo-1]6B, based
on'lheBu'llding'ilnspectnr's Novcmbcr
2I,20fki Notice of Disapproval and ap-
plicants"noquestful a building permit.
;~1ii!~i~;~i:~'~~;:~
.L:S'EfVlfj:Oe~U:De;OsoPtl'ioril:'
CfM 78~5:~., ,: -' :"_ . '
,):40A:M, ..~UMN,~MA;NJ-1ELE
#6i,' , .' Req,ue~t. Jer a, 'Yah~pi~. .1.I11i1~r
Sec~lOn,Z.'lO.124,fja.sell'()i1:'tlieJ;l~ildi'rtg
In.wectOf's,Jan.l.lf\-fY:39!'fi:i1J7J}1Q'Uce,;Pf
~lsl\Pproval. coitf::lCli:Jing an, <lJi~licktidn
[o{ a bUlldingpermlttoco:ristro.ctad.
ditlO~sandalt!'Jati(!lls,tothe,eXis_ting
::ltl:~~ti~~r_:tf;ee,i~W~t~~~J::
lequired/ninllflU!JI oI15feet\l1;l a single
sldc yard, at 1585.i3reakwater Road
Mattl1uck;CfMI06_8~20A... .
11:05 A,M,.DAVIDR BEREZNY
~R #6039. Request. fOr _a Valiante from
Sect]on280-124;bas~doQ.the Building
lllS-peetoI's May 2, 2007 Notice of Dis-
appr?VaJ concerning an applicationful
a ..huddmg p~fJ!lit to oonstnlctaswim_
mlllg pool with a lot coverage in oxcess
uf the code Jilnitationof 20% of ,I his
]4,81;(( square ft.lol.l.ocationofProp_
erty: 6S0 We~tvH:W Drive, Mattituck'
ClMt39,J.'15. '
11:15 AM. THOMAS BYRNE and
Vf::RONICAKALl~Ktit6filli~I.-__
fOl Varia/lces Uilde~ S~ction~'2So'~16B
~,?: 2_80:-124, based"onthe:Buildlllg
m~rec!or's February zy, '200'l,Notice
of DI~approval qoncehling an.ilppHca'
,hoQ for abnilqing iiermit to :cons~ruct
as-huilt alJd'new.a9ditklI)s/alterations
to the eXisii,ng single,[amily d\y~lIillg,
whleh are less than)5 feet froin the
fronllotlinc:1e8s'than 75 fcctfrohithc
bulkhead,and less than 10 feel on a
singk~lpe,Y<lrd.LqcatiQn oIProperty:
2345,R~yv~cl'o: A~eQ.uc (corner), SO!lth-
old;,CTM~2:$-J,
1l:25a.m. SCOITKRUK #60j4. Re-
quest fOlVariances llflder Scction,s 280-
L'i,hascd on an apphcationfor a build-
;ng perlllit, and the Buildingljlspec!or's
April, 19;2007 .andFebruary, 21, 2007
NOhces .of -Disapproval, conce]liing
proposed accessory sv.'imnting p<y>Iland
acces8ory.garage locations in.a"yard
olhnlhant,he'C"de-requi:redreal':\\a,rd,
at 40135 County Road 48 (alkla Mii;ldle
Road or.North.Road)~c~~!fl~,HirM
59-9-30.5- f ....~
11:40. A.M.' THO~,s and MIL-
DREDTOIVONEN 1/6035; Reques~for
a Variance undel Section 280"15, ba!;cil
onthe-Building"InspeclOl's,Malclj./2I,
2007 N~liCeof.njsapprovalcODCeTnin/'l
anapphcation fora'buildingperml~ 10
construct ail' aCces~ory hot-ti.Jb!gaz~bo
~!ructllre i~aY<l;rdother than ,a cobe-
requil~d, rear y~rdj a~d proposrngir' in
theirontyald adjaccnt to CedalLan~.
L?cahOll'of PlOp~~ty: 1065 East GilIctt~
Drlvc;EastMarion;~3g-4-J.'l. '
12:20 P.M. LEO ALESSI #6028. Re-
'1ucst'f?raYariancei1nile,fSe~tjoii280'
15C;'tias~d. on' the: Bui~dillg Ins~ctor;~
Pebrua:y 20.; 2qf17t<o,ti<;e ofliisappro~lll
co,nceinlng.a,proposcd:.sVfJ~l-; p(jol
a11,dre]a,ted_eq~iprDlC4tina hdn~, yafd
~'ith. a.setpack'ililes~. thall th~,~e~,re-
;qui[e~'_,st? i~,~i f((jm t~~ 6:prif prppdi!Y
]in" ,on tlii.~.53,24<I s'q.fLpars~_], a,t 1700
<::C,da,f POjllt Drl\:eEast:S0~;t!l~ld;ctJ\1
n-,1,3. .. .....','
. 12:35,P.M..; PKI5AsANE(jRD
#6037: R~quest,lOr .a,Variancc . under
Scctt"n_.2:30J4.cQlJ,~r:,ninga .request
to all!endB;ui]ding:P~qnjt No. 3IQfQ...z
concerning, a tlewdv,:elliil.g, u,nder con-
stniction,withcoQ."er;;ionpfthethi[d-
flOOl attic ~re~ toa fiil1sh?4floor ar."a,
determincd tobe a third story under the
Building lilspector'sApriI2,ZOO7 Nn-
tice of Disappr~lVal. Location of PIOp-
erty: 7HO Prlvate Ruad #17, Southold:
CTht 8H-ZJ:1,
li:il-~P.M,Xl\-IY mid CHRISTO.
Pli~R:AS~iI:Y #1>004 (contin!lc,1,tor
arDt;~~mcnts). 'Ileque~t (or Y~'!1an,-:es
unU.l:[:,'S~etionh 280,,1O,Z80-1,5'_2:80-
'1.Z1'i::Z~q>l1:fij:J.j~,sed on th~~_JlPpHcalits'
'req\l~~L.fqr:';j:,~ildll1g pernl1t.'an"dthc
B""-uildinklnspect0r's l(ecemtlel A9dq06
Notice uf DIsapproval, concerni!;tg:I;(1)
a 8creenedporc~ addillon proposed"at
Ie,s than 100 feet fr<;lm the top of the
bluftadjacellttothet;.onghlandSoulld,
(2l.proposed additiOns to the existj~g
dwelling whIch "'fill bp less than 40:feet
ffOl.n the{rpntpwp;erty line, and---0J
,- . 'm
:_'quiretl-~
!llion .of Pr~er.ty: 460 North-
If;Onept; Q'M 13-1-5.2
pard of Appeals will hear.all
irrePres~ittatjve5, desir-
ilteachhearing,andlOl
'~ubliiit ,,0-itten stateritents
th'~i;:s?n~luSi9n---'pf cach hear-
ing Each.hearing will-not'starteallier
t.h~..dei;gn<f1:e(/'ahov-e;'Ftles ~CI'" -'
.~~Ie .. for . ro/Jew ',d~r.in,g . ttgj!liL
~!#S~Ollts a!ld>>ridno,th~'d"ay
'he~~'~~ IfY9U'bave''lJ1io;tit:liis,p, e
dd .pot!ieSI!~re: fo'c'ontaclou! ofllt
at (631).765:1809,.01:'I:lYerilail;_Ui\~ae
K9:\V,aj~ki@Ib,wn,.~.ou,th{ili;ljiXUs.
IJated:May,9,2007.,
. ... ,2;ONIN(!~9ARQ'Of' APrEAL-S
JAM~S DINIno, JR., n-IAIRMAN
By LindaKowalski
54375 M~inRqa'd (OffiC~4'cation)
53095 Mall1 Roap(M:<lilingAqd~~ss)
P.O. Box 1179
SOllthold,NYl1971_0959
8363-1I,i!I7
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FOkM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: January 22,2007
TO: Roger Smith
60015 Main Road
Southold, NY 11971
Please take notice that your application dated January 16,2006
For permit for a dwelling add & pergola & new accessorv garage at
Location of property: 60015 Main Rd.. Southold
County Tax Map No. 1000 - Section 56 Block.1 Lot lQ
Is returned herewith and disapproved on the following grounds:
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The proposed construction. on this 60.054 sq. fl. lot. in the R80 District is not permitted pursuant to
Article III. Section 280-15 states:
"In the Agricultural-Conservation District and Low-Densitv Residential R-80. R-120. R-200.
and R-400 Districts. accessorv buildings and structures or other accessorv uses shall be located
in the required rear yard."
The survev indicates the proposed dwelling addition & accessory pergola structure will create a non-
conformity. Upon construction. the pergola will be in the side vard,
Furthermore. the proposed accessorv building is not permitted pursuant to Section 280-15. which
states:
"Such buildings shall not exceed eighteen (18) feet in height."
"Setbacks:
On lots containing in excess of 39.999 sq. ft. up to 79.999 Sq. fl.. such buildings shall be
setback no less than 10' from anv lot line."
The proposed construction indicates a mean height of approx. 21'. situated 5' from the lot line.
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~{,v..LA* i .,--~
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
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f ____ For Office Use Only
Fee: $~ Filed By:f!)r ~ 11 J....,;:L Date Assigned/Assignment No. 07
Office
Notes: ~ ~ c.u
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APPLICATION TO tHE SOUTHOLD TOWN BOARD 01\' APPEALS
Parcel Location: Honse No.~Street f-h.(:" /<1::1.
Hamlet St,J:1/J;dd
SCTM 1000 Section~B1ock~Lot(s) 10 Lot Size 1.38A Zone District
I (WE) APPEAL THE WRITTEN DETERMINA nON OF THE BUILDING INSPECTOR
DATED: (./-);)....(;'] a.J:ta.c/wl)
Owner as Applicant: ReJer'f? Smitht:tl1Q G~Y1 <e. A . Gin;...ft,
/0'1 B....,";.we ~porf tJ'( /1"7/)'5
Mailin~P.s.:-~A N:J ~~ N
Ad{Jf:63Jt17z~1ffi13t; -~c.ht:;1ue" YJ/772.
6Jelefione: 475"- O~ Fax: 47'5 -O~6/
NOTE: If applicant is not the owner, st3lc if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Anthorized Representative:
Address:
Telephone:
Fax:
P~ specify who yon wish correspondence to be mailed to, from the above listed names:
~pplicant/Owner(s) D Anthorized Representative D Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED .l:to1l)~_ 1(,/ Z<<>7
FOR: ~ OI:s~.,"IMt1 : ....!.t...VA"'f ZZI Z'al 7
Building Permit r I ..J
D ertificate ofOccnpancy D Pre-Certificate of Occupancy
D Change of Use
D Permit for As-Built Construction
D
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by nnmbers. Do not quote the code.
Article ... -rrr: Section 100- 2.P:L> Subsection I ~
TYP~Of A peal. Au Appeal is made for:
Variance to the Zoning Code or Zoniug Map.
D A Variance due to lack of access required by New York Town Law-Section 280-A.
D Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal D h~as not been made with respect to this property UNDER Appeal
No._Year .
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Page 2
Owner:
REASONS FOR APPEAL (additional sheets mav be used with aDDlicant's sil!nature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
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-see
~M5~
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
s~
<<tita~ ~
(3)
The amount of relief requested is not substantial because:
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(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
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s~e
aff-~d'ud.
skds
(5) Has the alleged difficulty been self-created? ( )Yes, or ( )No.
.---
see ~ ~-
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Sworn to before me this
dayof 2loflo .20~.
(lJM;okJ. t3.dM0
Notary Public
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND P
SHEET: (Please be sure to consult your attorney.)
CHRISTINE L. BELSON
NOTARY PUBLIC, State of New York
No. 01 BE5087003
Qualified in Suffoik County ()"
Commission Expires October 27. 20_
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ttPPlication to the Southold Town.
Board of Appeals
1, Application of: Roger P. and Constance A. Smith
Parcel location: House No. 60015 Main Road Southold
SCTM 1000 Section 056 Block 08 Lot 10 Lot Size 1.38A
Reasons for Appeal
Area Variance Reasons
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment
to nearby properties if granted because:
a) the proposed barn/garage is a replacement of the existing structure in almost exactly the
same location as the existing barn/garage so that it is in keeping with the overall character
and footprint of the original property appurtenances. The new structure will be held 5.0' off
the property line. The existing barn/garage is 4.0' and 2.5' east of the existing property line
at the southwest and northwest corners respectively.
b) the proposed barn/garage design has been developed in consideration of the
architectural vernacular and character of the existing house, which has been renovated
and restored to its approximate 1 50-year-old prominence. Perhaps more importantly the
architecture of the new barn/garage has been influenced by the overall architectural
character of the North Fork in specific the barn structures of the North Fork. (The book "The
Barns of the North Fork" by Mary Ann Spencer has been an influence in this design as well).
c) the adjacent property to the west and the property directly across the street are spotted with
varying barn/garage/farm/agricultural accessory buildings the former and active farm and
latter an active vineyard and winery.
d) the patio or raised terrace is in complete architectural character of the existing residence _
brick veneer and detailing.
e) the proposed pergola is a continuation of the architectural character of the existing
residence and period home design detailing found on the North Fork.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than variance because:
a) the constructed patio/terrace and proposed pergola are to be finally situated 5'-8" in front
of the most "rear" wall of the house thereby creating the variance. The interpretation of the
patio as an accessory "structure" or raised terrace was not evident prior to the patio/raised
terrace construction.
a) the house placement, driveway and driveway back up area have been retained to
acknowledge and respect the original propertys character. The easterly adjacent parcel
which fronts on Main Road (a 60' wide X 1 25' deep piece) was subdivided from the original
overall property thereby creating a piece of property that is "bottle" shaped - tight at the
"neck" where the house resides and widens at the remainder of the northerly section of land.
The potio/raised terrace location is a by-product of all of the above mentioned property
interactions.
b) the garage/barn is proposed to be in generally the same position as the original
barn/garage which is beyond restoration and physically undersized for any automobile/truck
storage. It is proposed to be further off the westerly property line and set 6' back from its
present position. If not placed in this pOSition it nullifies the original placement and if moved
further east begins to block the free movement from the "neck" of the property to the
"bellow" of the northerly pOSition of the land.
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t!PPllcation to the Southold Town.
Board of Appeals
(3) The amount of relief requested is not substantial because:
aj the original overall property was larger. prior to the subdivision thereby making the overall
property larger and the relief less apparent.
b) the patio/raised terrace and proposed pergola is only 5'-8" In front of the most "rear" wall of
the house and visually undetectable from Main Road or the easterly adjacent neighboring
properties.
cj the placement of the proposed garage/barn actually provides a greater distance
separation from the westerly property line than the existing garage/barn provides at present
- l' more and 2.5' more on the southwest and northwest corners of the new construction
respectively,
d) the proposed barn/garage is designed to be 3' higher (21 ') than the permissible mean
height of 18', This is a result of appropriate construction techniques and respecting the roof
slope of the existing residence, In addition this height is negligible in comparison to the
North Fork's barns and their architectural presence and character which in many cases are
15'-20' high at the eave or plate height not taking into account barn width and therefor
gable slopes (often 12 on 12) and mean heights,
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
aj the proposed barn/garage replaces an existing structure of similar location and use,
b) the proposed mean height of the new barn/garage is less than the existing house or the
property and less than some of the barns and accessory buildings on the adjacent westerly
parcel as well as in keeping in character and height with those structures on the
vineyard/winery across the street.
c] the proposed constructions are isolated to the overall property of this application and by
their placement create no impact to the adjoining properties and in fact, such as the
proposed garage/barn placement increase the present setback.
d) all runoff is contained on the applicant's property,
(5) Has the alleged difficulty been self-created? Yes or No
a) in the case of the placement of the proposed barn/garage - no - as the existing structure is
in the setback and this replacement is in generally the same area is as a result of long term
property usage and character and building and construction siting, The mean height is self-
created by architectural and character design.
b) in the case of the patio/raised terrace and the proposed pergola - yes and no - as the
interpretation of "raised terrace" was misunderstood and placement set the structure
forward of the rear building line but respecting the original property utilization and its overall
size reduction and new shaping the placement is logical and neighborhood and North Fork
character respectful.
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April 4, 2007
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i'lPR 5 1'007 (JP
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Town of Southold
Zoning Board of Appeals
54375 Main Road at Youngs Avenue
Southold, NY 11971
Attention: Ms. Linda Kowalski
Re: Application of: Roger P. and Constance A. Smith
House No. 60015 Main Road Southold
SCTM 1000 Section 056 Block 08
Lot 10 Lot Size 1.38A
Dear Ms. Kowalski,
Attached please find two pages of addijional information to "amend the application for additional variance relief"
at the above referenced residence.
This additional information is provided for the Board of Zoning Appeals consideration of three (3) additional
variances as a result of the Town Board's adoption of Resolution 2007-127 Local Law No.2 of 2007. They are:
* (1) Chapter 280-15-B Maximum height of a building on a lot sized between 60,000 - 79,999 cannot be
greater than 22' from existing natural grade to the ridge on a sloped roof that has a pitch equal to or
greater than 3: 12.
The depth af the proposed garage/barn is 24' and the roof pitch has been designed as a 12 on 12 to
match the roof pitches of the residence which have been maintained and enhanced since the
1850's. This geometry would create a ridge of 24' above existing natural grade on the west and
slightly higher than 24' on the east side due to existing natural grade variances. The 24' has been
designed to accommodate new automobiles and antique trucks and the ability to completely walk
around same when inside the garage.
The 1 2 on 1 2 pitch is paramount to the "correct" architecturai character of not only this single family
home but barn structures in general especially throughout the North Fork, The "proportion" and
wonderment of these structures is further manifested in their long deep sloping roofs and majestic
heights often out of proportion to the residences they serviced but aesthetically and functionally
accurate in and of themselves.
59?"
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Zoning Board of Appeals
Smith Residence
60015 Main Road Southold
April 4, 2007
Page 2
* (2) Chapter 280- 1 5-B That the accessory building have a side yard setback of 20'.
A variance of similar request is part of the original filing of this application. The garage/ barn is
proposed at 5' off the west property line. This is greater than the existing and in keeping with the
overall original property character and site restraints and characteristics. Piease see a greater
explanation of this issue elsewhere In this variance application.
* (3) Chapter 280-15-D That dormers are permitted on accessory buildings up to forty (40%) percent of the
roof width.
The dormer proposed on the garage/barn is eighty (80%) percent of the roof width or 32' wide out of
a total of 40'. This design was developed over the past year and one half (1 '12) and submitted to the
Town of Southold Building Department in its visual and architectural entirety. A forty (40%) percent
dormer would be architecturally and functionally inappropriate. In lieu of the cohesive design
proposed the dormer would resemble a poorly conceived and detailed roof projection not in
keeping with the wall detailed existing residence and the well designed garage/ barn.
Very truly yours,
~r-P~
Roger P. Smith, AlA
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Town of Southold
Zoning Board of Appeals
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Application of:
Parcel location:
Roger P. and Constance A. Sm~h
House No. 60015 Main Road Southold
SCTM 1000 Section 056 Block 08 Lot 10 Lot Size 1 .38A
Additional Information:
The design of the garage/barn that is part of this application has really taken place over the past one and
one half (1 '/,) years. Upon the purchase and renovation of this wonderful 1850's home. it became clearly
evident that the existing garage/ barn was beyond restoration and too small for 21' century use as a
garage, The overall design. size. s~e placement and overall configuration are a result of this 18 month
process.
This application was submitted to the Town of Southold Building Department and logged in or stamped
received January 16, 2007, It is totally coincidental and was unknown to the applicant that the Southold
Town Board was adopting new regulations - a local law entitled "A Local Law in relation to the size. height
and setbacks for Accessory Buildings" on the same day - Local Law No, 2 of 2007,
Upon submission in March 2007 of this application. the applicants were made aware of these regulation
changes, This additional information is provided for the Board of Zoning Appeals consideration of three (3)
additional variances as a result of the Town Board's adoption of Resolution 2007-127 Local Law No, 2 of
2007. They are:
* (1) Chapter 280-15-B Maximum height of a building on a lot sized between 60,000 - 79.999 cannot be
greater than 22' from existing natural grade to the ridge on a sloped roof that has a p~ch equal to or
greater than 3:12,
The depth of the proposed garage/barn is 24' and the roof pitch has been designed as a 1 2 on 1 2
to match the roof p~ches of the residence which have been maintained and enhanced since the
1850's, This geometry would create a ridge of 24' above existing natural grade on the west and
slightly higher than 24' on the east side due to existing natural grade variances, The 24' has been
designed to accommodate new automobiles and antique trucks and the abil~ to completely walk
around same when inside the garage,
The 1 2 on 1 2 pitch is paramount to the "correct" arch~ectural character of not oniy this single family
home but barn structures in general especiaily throughout the North Fork, The "proportion" and
wonderment of these structures is further manifested in their long deep sloping roofs and majestic
heights often out of proportion to the residences they serviced but aesthetically and functionaily
accurate in and of themselves.
* (2) Chapter 280-15-B That the accessory building have a side yard setback of 20'.
A variance of similar request is part of the original filing of this application. The garage/barn Is
proposed at 5' off the west property line. This is greater than the existing and in keeping w~h the
overall original property character and s~e restraints and characteristics. Piea~e see a greater
explanation of this issue elsewhere in this variance application,
* (3) Chapter 280-15-0 That dormers are permitted on accessory buildings up to forty (40%) percent of
the roof width.
7~<?
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Town of Southold
Zoning Board of Appeals
The dormer proposed on the garage/barn is eighty (80%) percent of the roof width or 32' wide out of
a total of 40'. This design was developed over the past year and one half (1 '12) and submitted to
the Town of Southold Building Department in its visual and archijectural entirety. A forty (40%)
percent dormer wouid be architecturally and functionally inappropriate. In lieu of the cohesive
design proposed the dormer would resemble a poorly conceived and detailed roof projection not
In keeping with the wall detailed existing residence and the well designed garage/barn.
(4) Chapter 280-15-C On lots over 60.000 SF. no accessory building shall exceed three (3%) percent of
the totai size of the parcel.
The proposed garage/ barn has a first floor area of 960 SF and a second floor orea -
loft/storage/workshop - of 656 SF for a total of 1616 SF. The first floor Is 1.5% of the lot orea and the
total floor orea for both floors is 2.7% of the iot area -
Therefore no variance Is required.
The applicant is an architect with many hobbies and crafts and as such is seeking space to
continue those hobbies and crafts for personal purposes and in addition as the existing property has
only the existing garage/barn for outside storage of vehicles. equipment and patio and lawn
furniture and appurtenances more space is required for same at full height not within a pitched roof
attic. The dormer is placed on the north side of the proposed garage/ barn therefore visible to the
L1RR and rear yard not Main Road. It also provides appropriate natural light to the second floor
space for artwork design and development. The appiicants are willing to covenant and restrict that
this second floor area will not be used for any other uses then those proposed herein.
* (No.) Represents additional variance request.
(The actual effective date of this local law is unknown as the filing date with the Secretary of State is
unknown).
4PR 5' 2007
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QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A.
Is the sub~ ?remises listed on the real estate market for sale?
DYes ~o
B.
Are there~.J proposals to change or alter land contours?
DYes ro
1) Are there any areas that contain wetland grasses?
2) Are the wetland areas shown on the map submitted with this application?
3) Is the property bulkheaded between e wetlands area and the upland building are
N.~
4) If your property contains wetlan s or pond areas, have you ontacted the office of the
Town Trustees for its determination of jurisdiction? }./ A Please confirm status of your
inquiry or application with the Trustees:
c.
D.
Is there a depression or sloPin~ation near the area of proposed construction at or below five
feet above mean sea level? 'C_
E.
Are there any patios, concrete barriers, bulkheads or fe9ces that exist and are not shown
on the survey map that you are submitting? ~J'):e- (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? No
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
F.
G. Do you or any co-owner also own other land close to this parcel?
the proximity of your lands on your map with this application.
N t:J If yes, please label
w 'de-iAN
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A
2/05
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APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
fP./u,n:r!4>1a A. Date Prepared: / Ie. la7
$,:.Ht I I
f1f ~;~ :$/fIe~ WqtrtJ/
II. New Construction Areas (New Dwelli~ % New Additions/Extensiqn~:
Dimensions of first floor extension: .Lf~ rv X :z4/ q~ $.F
Dimensions of new second floor: W 1'1 SF
Dimensions of floor above second level: M~
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? ffyes, please provi<t<; height (above~ound) ~
measured from natural existing grade to first floor: .H~--r>"'/.J"'ed'-f7t1y ~ 1It!-.1
q~"-"",(" b;t,.., ~ ,,~ :1:-""1. Ar.:3..-te
1lI. Proposed Alterations or Interior Structural Changes MthOlWenlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 2.., (e:' i--t (> rS' 'J-
Proposed increase of building coverage: (f.'(.' .; "',
Square footage of your lot: (;. L' C'.'"j Sf.
Percentage of coverage of your lot'by building area: 'f... ii. cy;,
V. Purpose of New Construction Req ested:
I ( ,
7/2002; 2/2005; 1/2006
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Standards Used by the Southold Town Zoning Board of Appeals to Review
Area Variance Applications
In Accordance with TOWN LAW 267.8, 3*
"Area Variance" shall mean the authorization by the Zoning Board of Appeals for the use
of land in the manner, which is not allowed by the dimensional or physical requirements
of the applicable zoning regulations.
(b) In making it's determination, the Zoning Board of Appeals shall take into
consideration the benefit to the applicant if the variance is granted, as weighted against
the detriment to the health, safetv and welfare of the neighborhood or community by such
grant.
In making such determination the Board shall also consider:
I. whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting
of the area variance;
2. whether the benefit sought by the applicant can be achieved by some method
feasible for the applicant to pursue, other than an area variance;
3. whether the requested area variance is substantial;
4. whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district;
5. whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Board of Appeals, but shall not necessarily preclude
the granting of an area variance.
(c) The Board of Appeals, in the granting of such area variances, shall grant the minimum
variance that it shall deem necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and health, safety and welfare of the
community.
Imposition of conditions. The Board of Appeals shall, in granting of both use variances
and area variances, have the authority to impose such reasonable conditions and
restrictions as are directly related to an incidental to the proposed use of the property.
Such conditions shall be consistent with the spirit and intent of the zoning ordinance or
local law, and shall be imposed for the purpose of minimizing any adverse impact such
variance may have on the neighborhood or community.
" EtTective July 1, 1992, the change eliminated the previous required ~howing of "practical difficulties" and "unnecessary hardship"
.
.
617.20
Appendix C
State Environmental Oual1ly Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPl1C~ISP';;Af. (.fAt( ~ ~.,cc-A. S...i-/Il 2. P~::C:~E a.,..,
3. PROJECT La TION: ~ .,.+t,IJ /T: erP)
Municipality 0 L I ttc.tM Counly
4. PRECISE LOCATION (SHeet address and road Intersectlons, prominent landmarks, etc., or provide map)
~/6 Hat'", ~
So~d14 I N. '-(.' 11"11/
14.16-4 (9f95)-Text 12
I PROJECT 1.0. NUMBER
SEQR
5. IS ROP. SED ACTION:
o E,xt:lanslon 0 Modlflcatlon/anerallon
6. ESCRIB PROJECT BRIEFLY: " ..A-' ,~. A..A"--" H.. ~ .,L.
",. c...rtvvzf ~ 1\4-> Z-1')C -40 j4.J~ _.r" '" ~ $<tlr( T-- . \A't;;,...J ..,.-..,.oJ 1'-..,
'j~~ b4~" J,.
". ~:.,. JI'" ,,,,,,...t- sl..cp.J ~/""''s~ 1er~~ .::r...,( ~ &il .....~ f"""
61/~^ ~... J -+k b ~({j..,l T~
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acres
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o par"Foro.~Or.n spaea o~ 0..., ,~ ~ ~ .-I--
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re",'th.i)/ '7':'.......t'.....J - fo)l' 1,"0" .
.-uitb1/-..."" ~ ~
'0. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.,
ST~E 0 LOCAl)?
Yes 0 No If yes, list aglnCYI') and permit/approvals .
IQtY'I pf 5'ovM.M ev..t.tj fJ:.p_-/-...;;f - 13",!.i., P~:tT ~ Cv/.-t.-f.o,..
b-f
"~DO ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
Yes 0 No If yes, list .gency name and permit/approval
~~.w.... ~.~ ~ CM~~ J O~'V)
~.i.;J __ ~ ....., "::> T"'"^ 1:1~ -r~""~
OF OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
II the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
LA
AlA
Date:
2..JCS .07
AppllcanU$ponsor name:
Signature:
OVER
.
.
PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
;.. D0=$ ':'CTIO
_.Yes
~ "NIL~ ACTION AECE!VE COORDINATED REVIEw AS PROVIDED FOR UNLISTED ACTIONS IN 6 NVCRR, PART 617 6?
ma~ be suoer aed 'another in~olveC agency
ANY TYps. I "THRESHOLD IN 6 NYCRR. PARi 617.01?
If yes. coordinate the review ~racess anc use the FULL EAF
H No. a n<<gallve ;::eciarat,o..,
Ye,
C CJ:..JLD ACTI N RESUL, IN ANY ADVERSE E~FECTS ASSOCIATED WITH THE FOLLOWING (;......"'wers may De nanclwfltlen, II legi~lel
C1 ExistinG air Quallly. surface 01 groundwater Quality 01 Quantily. noise levelS. existing tratfic pallerns. soliO waste prOOUC:1Qn 01 disposal
potenllal lor erOSIon, 1rainage or !loOding problems? Explain oflelly:
No
C2 AesthetIC. 39rlcultulai. arChaeological, hlSloric. or otller nalural 01 Cull ural resources: or communily 01 neighborhood Character' E)(plaln briefly:
~o
CJ. VegetatIon or launa. Ijsh. snelltisn 01 wildlile specieS, sign1fican( habilals, or threatened or endangered soecies' Expiain bll!!'!ly
No
C.. A community-s exiSllng plans or goalS as officially adopted, or a cnange in use or intensily 01 us!!' Or land or altler natural resources? Explain Drietly
1\10
CS. GrowHl. sul:lsequenl development. or related activities likely to be InOuced by the proposed action? Explain oriefly.
No
C6. L..ong term. shari term, cumulalive. or alner effeC1S nOI IOentified in C'.CS') Explain briefly
No
C7 Other impaCls (including cnanges in use 01 either quantity or type 01 energy)? Explain briefly.
No
o WILL THE PR
DYes
E. 15 THERE. 0
UYes
E UKEL Y TO 8E. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS?
II Yes, explain briefly
AVE AN IMPACT ON THE ENVIRONMENTAL CHA~ACTEAISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether iUs substantial. large, important or otherwise significant.
Each effect snould be assessed in connection with its (a) setting (i.e. urban or rural); (b) probabilIty of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail 10 show that all relevant adverse impacts have been identified and adequately addressed. If-
queslion Dol Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
o
o
Check this box if you have identified one or more potentially large or significant adverse infpacls which MAY
occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration. '
Check this box il you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Nam~ 01 lead ^ienc'r'
Pm\! Of Type Name 01 Responsible 01hc~' In lead ^Il~ncy
Title 01 ReiPonilble Ofllc~r
Slinau.HC' 01 Responsible Qlhcer In Lead ^Ilency
Siln.uure 01 Pre-parer (Ii dilrer~nt j,om n~sponSlblC' ojil(~r)
Olt~
2
~SACTIONAL DISCLOSURE Fa
APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT:
The Tmm 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 mterest and allow it to take whatever action is necessary to avoid same.
~e..r F. t.\~ ~-tqftce. ft. 5'1ri''-fi,
(Last name, first n e, middle initial, unless you are applymg m the name of someone else or
other entity, such as a company. If so, mdlcate the other person or company name.)
NATURE OF APPLICATION
(Check all that apply.)
x:
Variance
SpeCIal ExceptlOn
'Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
'If "Other" name the activity:
Do you personally (or through your company, spouse, sibling, parent, or chIld) have a
relationship with any officer or employee of the Town of Southold? "Relationslnp" mcludes by
blood. marriage. or business interest. "Business mlerest" means a business. inc]udmg a
artnershi in which the Town omcer or em 10 ee has even a partial ownershIP of (or
emploYment bv) a co oration m whIch the Tovm officer or em 10 ee owns more than 5% !1Lthe.____.____.u____
- ~~;s '--- NO .-X - -
If you ansJVered "YES", complete the balance of th is form alld date alld sign ,"here indicated.
Name of person employed by the Town of South old:
Title or position of that person:
Describe that relationship between yourself (the applicant, agent or contract vendee) and the
Town officer or employee. Either check the appropnate line A tlu'ough 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 benefic13! 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
Signature:
Print Name:
~of. Ha~cJ,_=7
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"",'<'t,o, .
TOWN ofSOUTHOLD PROPERTY RECID CARD
-/6
DIST.
sua.
LOT
RE
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( /
'-/7/00
AGE BUILDING CONDITION 90 , e 1J..8 () , /030
NEW NORMAL aELOW MOVE (Po' <"" .s'" , 3"0
FARM Ac<e Value Per Value
Acre / -.p 0
Tillable FRONTAGE ON WATER
Woodland FRONT AGE ON ROAD 90'
Meadowland DEPTH S'~o' +
House.!1Pt..... BULKHEAD
Totol "- - DOCK
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......" ""- 0""._. ..., """"'''.. NOTICE e CO~TY OF SUFFOLK <D 'It?'~' SOUTHOlD
." ''''' '''-<O'NO "'""",, ~ '" '" '_'I
". .~ ..0 "AII<fIN'r<:(./ol'U"""'.',,,-,oo Real Property Tax Serv1ce Agerq
"" - ""'_l"'~"""''''''Ofl>( CoultyCen.... 1lI~~YII!O]
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-........-..-- ~-- .....-.,.,....-.-, . - - , ~ 1000
SECTIONNQ
056
PROPfRTYUN'
-
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--
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans /'
Planning Board approval
,/
Survey 1/'....
Check #
Septic F onn
N.Y.SD.E.C.
Trustees
Contact:
Mail to:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.neUSoutholdl
PERMIT NO.
Examined
,20_
Approved ,20_
Disapproved aJc~7 ._
Phone:Lf7<5 - () 3 V 1
Expiration
,20
Building Inspector
JAM I 6 2(\:~
APPLICATION FOR BUILDING PERMIT
Date acs.J,er.t&f 200'5
'-
INSTRUCTIONS
a. This application 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 waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
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 South old, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections. (f!:V~
( nature of applicant or name, if a corporation)
@~ ..w......e ~~ 1J.'r. 1t70~
(Mailing addr s of apphcant)
lOCi
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises
AvcaM-ed" a.-e{ roT-......h-J j~. 4J~4~
Re>j.ev- f. a~ ~~ A, .5M~
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
Du."" e.r
,
loS
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
I. Location of land on which proposed work will be done:
600/6 h~)" K,t.
House Number Street
SOl./-tJ,<1Id.
Hamlet
County Tax Map No. 1000 Section
Subdivision
06b
Block 0.3
Filed Map No.
Lot /0
Lot
(Name)
2. State existing use and occupancy of premise,s and intended u~e and occupancy of pro.E?sed c~struction:
a. Existing use and occupancy .s;~:lGnJ1J ~..e ex ~,,/6,,?e
b. Intended use and occupancy S) I" . +f,...e /!>r1l"n ~ e
3 Nature of work (check which applicable): New Building ~ Addition
Repair Removal Demolition v' Other Work ..Ne.J
~Sh':J
17'5lKJ8.-
Fee
4. Estimated Cost
5. If dwelling, number of dwelling units
If garage, number of cars 2-
(To be paid on filing this application)
Number of dwelling units on each floor
6. Ifbusiness, commercial or mixed.,Q.ccupan~il0pecifY.nature and extent of each tyye of use.
t:::;<.:J"''7-<'''''' :ze>. / . u..? _
7. Dimensions of existjng structures, ifany: Front :2"3. if Rear 2-4.:b Depth
Height :2. 9. 0 ' Number of Stories :2-
i8. ~ . l::!;~~
52. JS . .
Dimensions of same structure with alterations or additions
Depth Height
8. Dimensions of entire new construction: Front *0'
Height 2.4./P I Number of Stories ::E-
O,... I Rear I' ill 'Jl1~ I
9. Size oflol: Front 7 ".,,0 ~ P
10. Date of PurchaseAr'''''; ( 2IXJif) Name of Former Owner
II. Zone or use district in which premises are situated
Front
Number of Stories
Rear .tItj, () , Depth
Rear
~,o /1
Depth 49f,5Z,'
..J cff'e.
12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO _
13. Will lot be re-graded? YES_ NO 'i.. Will excess fill be removed from premises? YES_ NO)(
fG n. :S....'#. 'OO,:rMra,n ~41 s.~/oJ'( "3/' ~S7bi
14. Names of Owner ofpremisesa.~~.s"~AddressIOq ~ ~ ~'i'lHone NO.'''l- ~7Z."~"
Name of Architect 1<a:5e.r-P..s;.;..M Addres~ E_~. Phone No &3/. -i'1S-'D~
Name of Contractor Address _ ><<.Y'( Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? 'YES _NO X
' IF YES, SOUTHOLD TOWN TRUSTEES & D.E.e. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? ' YES_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.
STA TE OF NEW YORK)
SS:
COUNTY OF )
being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
(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.
Sworn to before me this
14,ft1 day of JaJ1"'~ 20~
~cX.iJ~
Notary Public
CHRISTINE L BELSON
NOTARY PUBLIC, Slate of New York
No. 01 BE5087003
Qualified in Suffolk County " 'f
Commission Expires October 27, 20 ~
-
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STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISlES,
DIRECTOR OF PLANNING
May 2, 2007
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 of local determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Smith
Kelly
Katapodis
Alessi
Daneri
Byrne
Hansen
Landau
Kruk
6025
6026
6027
6028
6029
6031
6032
6033
6034
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R. Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 1 J 7B8-0099
.
(631) 853-5190
TELECOPIER (631) 853-4044
",.,,.,
",\
.
.
.
Roger P. and Constance A. Smith
G~
60015 Main Road
Southold, New York 11971
Zoning Board of Appeals Application #6025
First Hearing May 31, 2007 . ~ /J J.l1L",..u...fJJ-::f~~
Second Hearing June 28, 2007 -11:05 A.M. {-1) be d-.S - (}...)Jr6-j tLfr~ p...r
Based upon the first hearing on May 31st, the attached barn/garage design is being ~ P~{;i/~ 1
submitted for the Board's review. The input from the Board focused on the new Local
Law NO.2 of2007,which limits the height, side yard setback, dormer percentage, and %
oflot occupancy.
The alternative design presented herein makes the following design considerations:
. The dormer has been removed
. The barn/garage has been placed "in-line"
. The placement on the property is still being requested to be 5' off the west
property line which, as stated in the original application is the appropriate location
as it respects the historic placement of the original barn/garage, does not block the
rear property from the house as this is a narrow klt adversely affected by a land
division that narrowed the property "throat", and is not opposed by the adjoining
neighbor to the west, the Haspels, who have gone on record to state so on the
previous design and are so doing on this alternative.
. This alternative maintains the presence of the large walnut tree that is just to the
east of the proposed barn/garage
. The exterior design of the barn/garage is in keeping with the architectural
characterizations of North Fork barns and the design ofthe house, matching roof
pitch (12 On 12), etc..
Therefore, the variances requested are:
. A 5' westerly side yard in lieu of a 20' side yard
. A 22' -7" maximum height in lieu of22'
. The variances previously presented and reviewed by the Board for the pergola and
raised terrace/patio.
The alternative design does not require a variance to the requirement that no accessory
building can exceed 3%. The alternative is just less than the 3% requirement.
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FIRST FLOOR PLAN
JUNE 13, 200l
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PATCHOGUe. N.Y, 11772
(631J475-0349
FAX 475-0361
PARTIAL SITE PLAN
,'-0/1 SIDE YARD SETBACK
SCALE I" : 40'
PROJECT:
SMITH RESIDENCE
600) 5 MAIN ROAD, SOUTHOLD NY
SCALE: AS NOrED
DRWG. BY: MRI
DATE: JUNE 13, 2007
F"ILE NO:
5K NO:
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. .
KK ANDIRA HASPEL
59945 MArNROAD
SOumOLD, NY 11971
PHONE: (631) 765-2075 FAX: (631) 765-5715
CEll (516) 398-8753
June 28, 2007
Zoning Board of Appeals
Town of Southold
Southold, N. Y. 11971
j~oi
Re: Application of Roger and Connie Smith
60015 Main Road
Southold, N.Y. 11971
New Garage
New Pergula
New Patio
To Whom It May Concern,
My wife and I have reviewed the revised plans for the above referenced proposed work at
Roger and Connie's property and have no objection to the proposed work.
These plans dated June 20, 2007 indicate a new garage 5 feet east of our common
property line with a ridge height of approximately 22'-7".
We have no objection to the patio or pergola either.
If there are any questions please call (631-765-2075).
E. _.!tl1lial'FE?IPL'TEBIIUo.1IEB_ 'lI,eo:r
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KATHY AND IRA HASPEL
59945 MArNROAD, SOUIHOLD, NEW YORK 11971
PHONE: (631) 765-2075 FAX: (631) 765-6736
May 30, 2007
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Zoning Board of Appeals
Town of South old
Re: Proposed Construction of Accessory Building at 60015 Main Road
Southold, N.Y.
To Whom It May Concern:
We are very happy to have Roger andConnie Smith as our new neighbors. We have
reviewed the proposed construction of an Accessory Building approximately 5 feet east
of our east property line and have no objection to the proposed construction.
If there are any questions please call.
Thank you.
E.~~t Llt\lialJ",u., 11 ,,_1 ..,u;1h !IIillfl~e.B.fle
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B. Meeting of January 16, 07 ~ b
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RESOLUTION 2007-127
ADOPTED
JAN 2 2 2007
,
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-127 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16,2007:
WHEREAS there was presented to the Town Board of the Town of South old, Suffolk County,
New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation
to the Size. Heil!ht and Setbacks for Accessorv Buildinl!s" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were be given an opportunity to be heard, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code
and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has
recommended that this action is consistent with the L WRP; and it is therefore
RESOLVED that this action is CONSISTENT with the L WRP; and it is further
RESOLVED that the Town Board ofthe Town of Southold hereby ENACTS the proposed
local law entitled, "A Local Law in relation to the Size. Heil!ht and Setbacks for Accessorv
Buildinl!s" reads as follows:
LOCAL LAW NO.2 of 2007
A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory
Buildings"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
1. Purpose- The purpose ofthis Local Law is to establish clear standards governing the
maximum height, size and setbacks for accessory buildings and other accessory structures, in
order to further preserve the character of single-family neighborhoods. These changes will
Generated January 22, 2007
Page 65
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Town of Southold - L.
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JAN 2 2 2007
B. Meeting of January 16,2007
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reduce the impact of accessory buildings on adjoining residences. These changes shall apply to
the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400
and Agricultural-Conservation (A-C) zoning districts.
II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows:
g 280-4. Definitions.
FLAT OR MANSARD ROOF-Anv roof that has a pitch of less than 3: 12.
HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average
elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the
highest point of the roof for flat and mansard roofs anti to the mean height betweea ea'/es anti
ridge for other type roera. . and to the highest point of the ridge for sloping and other tvpe roofs.
SLOPING ROOF-Anv roof that has a pitch equal to or greater than 3: 12.
~ 280-15. Accessory buildings and structures.
In the Agricultural-Conservation District and Low-Density 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 yard, subject to the following requirements:
A. Stieft Buildings with a flat or mansard roof shall not exceed eighteea (18) sixteen (16)
feet in height and shall be set back at the minimum required for a sloping roof.
B. Buildings with a sloping roof shall be subiect to the following height and setback
limitations:
Lot size
(square feet)
Less than 10.000
Less than 10.000
Less than 1 0.000
10.000- 19.999
10.000- 19.999
10.000- 19.999
20.000- 39.999
20.000- 39.999
20.000- 39.999
40,000 -59,999
60,000-79,999
80.000 and over
Maximum Height
(feet)
Minimum Setback-side and/or rear
(feet)
18
20
22
18
20
22
18
20
22
22
22
22
3
5
10
5
15
20
10
15
20
15
20
25
Setbaeks. [.^.meRtled 7 17 199() by L.L. No. 11 1990; 2 5 1991 by L.L. NO.2 1991]
Generated January 22, 2007
Page 66
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Town of South old - Le
B. Meeting of January 16, 2007
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(I) On lots oontaifliflg lIJ3 to twenty thousaBd (20,000) sqllare f-eet, SlolOR Imildings shall Be set
baok 1l11less thaB three (3) feet from any lot line.
(2) On lots ollntailling more than twent)' tfltJllsand (20,000) sl:]uare feet lIJ3 to thirty nine
tflololsand RiRe lmndred Rinety niRe (39,999) sqlolare f-eet, sloloh blolildings shall be set baok no
less than five (5) feet from any lot line.
(3) On lots eontaifling in elceess of thirty nine thousafld nifle hundred ninety Ilille (39,999)
sEjtlare feet lIJ3 to seventy nine thousand nine hundred nillet)' Rine (79,999) square feet, sueh
blolildiRgS shall be set back IlO less than ten (10) feet from an)' let line.
(1) On lots eelltaillillg ill e)ceess of seyenty nine thollsaBd Hille ooRdred nillet)' nille (79,999)
square feet, slloh buildings shall be set back 110 less than twem)' (20) f-eet from aB)' let lille.
C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square
feet. and shall not exceed 750 square feet on lots 20.000 square feet to 60.000 square feet.
On lots over 60.000 square feet. no accessorv building shall exceed three percent (3%) of
the total size ofthe parcel.
D. Dormers are permitted on accessory buildings UP to fortv (40%) percent ofthe roof
width.
E. Anv accessory structure that is not a building shall not exceed eighteen (18) feet in
height. and shall be set back at the minimum required in Section B above. .
G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in
the front yard, provided that such buildings and structures meet the front-yard principal
setback requirements as set forth by this Code. and the side vard setback requirements for
accessory buildings in Section B above.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw.
Strike-through represents deletion.
Underline represents insertion.
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Elizabeth A. Neville
Southold Town Clerk
JAN 2 2 2007
Generated January 22, 2007
Page 67
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APPEALS BOARD MEMBERS
James Dinizio. Jr.. Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
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Mailing Address:
Southold Town Hall
53095 Main Road' P.O. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex /First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
http://southoldtown.northfork .net
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ZONING BOARD OF APPEALS
TOWN OF SOUTH OLD
Tel. (631) 765-1809' Fax (631) 765-9064
/
July 25, 2007
Bv Reqular Mail and Fax Transmission 475-0361
Mr. and Mrs. Roger P. Smith
109 Bay Avenue
Bayport, NY 11705
Re: ZBA File 6025 - Variance Application
Dear Mr. and Mrs. Smith:
Please find enclosed a copy of the variance determination granting alternative relief
with conditions rendered by the Board of Appeals at its July 12, 2007 Meeting. A copy was
furnished to the Building Department as an update to the Building Inspector's January 22,
2007 Notice of Disapproval.
Thank you.
Very truly yours,
Linda Kowalski
Encl.
Copy of Decision to:
Building Department
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