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Home My WebLink About1000-126.-1-16 / KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth D. Olivia, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: September 26, 2006 Re: ZBA File #5944 (Bajada) SCTM#IOOO-126-ll.16 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below policy and therefore CONSISTENT with the LWRP. I Policy 6 Protect and restore the quality and function of the Town of Sonthold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The DroDosed setback from the action to the wooden bulkhead is I!reater thau 100' which meets ChaDter 275-3 and ChaDter 280-116 ofthe Town of South old Town Code. Cc: Kieran Corcoran, Assistant Town Attorney APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman hllp:/ /southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 Mark Terry, Senior Environmental Planner L WRP Coordinator Planning Board Office Town of South old Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5944 (Bajada) Dear Mark: rnr' 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 August 28, 2006 ---.- ;,;,"',':'\. .., , -_:-'~~..........-;........-.; ",t~- ~~....~---- 'i ... O ~1~'CC--~=_i._..;,..I-ii.-.~:~~\" . - -- , I I l i i AUG 2 9 2005 \.:: \ L _.J "., ',',,"[1 0'."" P\~;'!::'i:-l" t"(,)o~d Y,';7"/;f<'?"'!!:t!':1...,...,~=..,.-r_:}z:r:"!.:::::::.~~:~r~~~~or '..,,-- ,,-' ..,,- We have received an application for premises which are adjacent to Peconic Bay in Laurel, and shown on the enclosed site map. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA B~~ .)1. ),' f'l. - "I~.J '-~~~)"v.A LLU?\> lAYrJ }-\.u"J-' ) ..'-'~~"._"-~. , "'"\';"'\~ L WRP CONSISTENCY ASSESSMENT FORM I AUG 2 8 2006 ! I tI3 -# SCl4-y.- i l-",,,,,, r~p,", ~f' "','-'" I "'''''.'"I~'". .....,'.,;..." ,". ~... ' 5"'.:.< ~.~;..,~,.) -~~"- A. INSTRUCTIONS I. All applicants for permits' including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law, This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. 'Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area, 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program, A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken, A copy of the LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-126-11-16 OWNER: Lorraine & Joe Bajada 500 East 83'. Street,Apt lJ, NY, NY 10028 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board _ Planning Dept._ Building Dept. _ Board of Trustees ~ Zoning Board of AppealsX 1. Category of Town of South old agency action (check appropriate response) : (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy)_ (c) Permit, approval, license, certification: --.X Variance ! ' Nature and extent of action: Existinl! second dwellinl! with CO will be demolished. Proposed construction is landward of waterfront house, more than 100 feet landward of Peconic Bav and Bulkhead. Location of action: 7972 Peconic Bay Boulevard. Laurel Site acreage: 30.438 Present land use: existinl! residence- to be demolished and new house constructed Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant::Lorraine & Joe Bajada (b) Mailing address:500 East 83" Street,Apt lJ, NY, NY 10028 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: ZBA aooeal oendinl! Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes --X..No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. ~Yes No Not Applicable Existinl! lot is 30.438 so.ft. and is nonconforminl! in that the second dwellinl! is located 011 the orooertv. The Darcel had received a variance in 1971 to make alterations to existin'l cottal!e in order to make the second dwellinl! conform to minimum souare foota'le of 850 so.ft. And subdivision. For whatever reson the familv did not oreDare a new deed to complete the subdivision and the Darcel is one lot with two dwellinl!s. The DroDosed house is landward of the dwellinl! alonl! the water and is located more than 100 feet from the shore and bulkhead. Therefore the structure is consistent with L WRP. Homes alonl! Peconic Bav Boulevard have second dwellin'ls and the owner wishes to reconstruct the second dwellinl! over a new l!aral!e, Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria " Yes No -X-Not Applicable Area ofPeconic Bav Boulevard not noted for historic or archeolol!ical resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria -X- Yes No Not Applicable Lands adiacent to Peconic Bav Boulevard are fullv develoDed. The development of the Darcel is sensitive to Dreservation views from road to Bav bv consolidatinl! the l!aral!e addition to the existinl! dwelIinl!. The alternative is to build a seDarate llaralle which would OCCUDV more ODen SDace on the Darcel. Standard conditions of dry wells will be added. Owner's Dlan is not adiacent to any water bodv- the construction is occurrinl! on the road ride which will avoid non-Doint source Dollution. prevents floodinl! anderosfon. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Construction is on road more than 100 feet from Peconic Bav. Policy 5. Protect and improve water quality and supply in the Town of South old. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria X-Yes No Not Applicable !'." Mitil!ation of imDacts on water Qualitv are achieved throullh stormwater and pollution control methods which have been implemented in this Droiect. Drvwells and l!utters are DroDosed to direct all roof runoff into onsite recharl!e. Groundwater Drotection implemented throullh Droperly enl!ineered sanitary system which requires that the bottom of the leachinl! Dools be located a minimum of 2 feet above seasonal hil!h l!roundwater. Alonl! Peconic Bav sanitary systems and construction activities are in excess of 100 feet from the tidal waters. Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ---X- Yes No Not Applicable More than 100 feet is maintained from the Peconic Bav. .... Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air Qualitv will uot be affected bv residential use. Standard build in!! codes compliance orohibit de!!radation of air Qualitv or emissions. Efficient heatinll and air-conditionin!!" systems and filters protect a!!ainst air Qualitv. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ---X- Yes No Not Applicable Solid waste is controlled throu!!h town-wide recvclin!!. no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of South old. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. _Yes X No Not Applicable The {larcel is orivate ownershio-however- Owner's !!oal is to limit number of structures and maintain views of water from Peconk Bav Boulevard. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No --X-Not Applicable Residential use of orooertv on establish lot will not adverselv impact Peconic Bav coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. -LLYes No Not Applicable Construction activity and orooosed structures are more than 100 feet from Peconic Bav. Storm water dischar!!e and oollution control measures are critical components of protection oflivin!! marine resources. Drvwells and !!utters are orooosed. The area is alreadv disturbed and the existin!! homes have certificates of occupancy. Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No ----X-Not Applicable Area has not develooed for a!!rkulture. Pecook Bav Boulevard is predominantly , ,~~ residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No ~Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and miueral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 ,._."...~.,-.._' \l ;: <Q l\> O' <:J" " . 'In ()O \.. '')' ,0 ,/ . , I \\: " ~0 00 <?<<J -i.. <(>'\;' x,' . o .0 -=......... ,~'\ .' ~') .... ,. [).o ~,. ,<C' II , <;> '" '" o. ~ o 4\ \ 't." , " ('!>~ ,/(., ' //0;':'\, ~/ ,\\ ,,) \ ' ~. \ /.~'& . \ ,I \ ,/ ~ .-<::> '" -,". " ""L_ "- <;>", " ~ , ... '% '~ <;>0- '" o "" q.. '" '?~ -:% JO- ~ -~ ~ . \ 'j -"'"'1'\ cr ':' "":.. . . /~" ';1.,"".... 0 . "'~ '1. Ie:> IS'! ~'" """,,-,,, ~ ~, .........- to.t: t/ ~ "-3; \; ~ ,f> - . ~ _I~ \ 1." ."" ft"., 0.- 'Z. '" . '7- <n~_ \ _ 0 o O. ~ ~ .. , , ~. Tl\ 'I -\ -.:;:.. Q .- "-"'" )7 \Sl ~ -"", );"' -10 ~ ..<. , , , . ~ '\ VI ~ '.~\ ~O_ ('{.> o o --;0 ~ -:s:- --<. SUeVEY OF PROPEF?TY AT LAUF?EL TO VlN OF SOUTI-!OLO SUFFOK COUNTY, NY 1000 - 126 - tI - 16 Scale: 1" = 30' May 29, 1998 July 74. 2004 . Jllly 26, 2004 rre visionsl .' Ju-"f? 8, ZOO{- (p-~p C'd..-l-H.) ,TIFfED TO' PAZ ABSTRACT CO,ciP. r~i:~:~~~1:1;6%t,~:~:.~~;:~J(:;~ Be?~. (f IRRAINE H. WOLF \ .....t..<. . 'fropo5cd 3'2 2./6"1.(f A\l\i 2 S 2000 kof Coveraqe ~ ..~;~p1":;2a ~i;:~ __ "~~!S:5-.:..., :,- :.;.:-,,"'- """\'\ ~ 'f'"" ~ Sire .DA TA R-40 rCSldf'fi(lo.-l Flood- 2o()~ X PUD/IC Wo--te r 1_- _____ Ow,.,"'" jo~eph (Lorrc:une 7972 PeGo'1/6 Bcc,! I3lvd_' La.vr~l, My, 11940 IREA :::30,43tJ !tq. ft. to ti~ /in8 Y AL TERA TlON OR AOOIT/ON TO THIS SURVEY /S A VIOLA TlON SECTION 7Z09 OF THF Nell' YORK STATF EDUOTION LAW. EF'T AS reR SteT/ON 7Z09'SUflDlVISION Z. ALL CERT/F'/CA T/ONS '[ON ARE VALID FOR THIS MAP AND COF'leS THE:RE:OF ONI. Y IF ) MAP OR COPIES BEAR THE IMPRESSeD SeAL OF THE SURVEYOR JSE SIGNA TURF. APPEARS HFRf'ON. >lTlONAl.L Y TO eO^,(f'!. Y WITH SAID LAW THr TrRM "AI.. TfRfD BY" 'T Br USFO BY ANY AND ALL SURVfYORS UTILIZING A COpy ANOTHfR SURVEYOR'S MAP. TrRMS SUCH AS "/NSPeCTfO" ANO OUGHT-TO-DATr' Allr NOT IN COW'U/1W'[' WITH THF LAw' ORS, P.C. 151 020 P. O. BOX 909 1230 TRAVELER STREET H..OOiJ ZO,vE t-/Zo'f fiRM _ 3(..103C~IG SOUTHOLO, N. Y. 11971 \ \ I t ! , \ I \ ~ i I \ I I ! ! l, I I I I '. Il ! I , ! ! I I t ~ !~ , I , ; i I l \ I j I i j , , I , j l I I I HOD/) 2'/),-11' ,cO.ol1 Q' ~ <0 &\ ~~ () 0000 \ ;'). \0 ~ <0 (y '/0" /\ p~'i'v . ~(. ~ijv ~. . o ,0 <_ '\ aVJ e'........~ 1).0 ",. ~~ ,< ~ ! \ /~ o~.; ,) / / I{. f 1'* . " ~0 00 <<<<) / / \.\ ~ f~9'.\ 0. '7. o 0 -z. (1\~o '\ o 0, ~ ~ ~ 0 ~ / I ~. .-<::I' A. "/- ~..... ~ I '% ~o- ~ 0.... -=?~ -?:' ~ ~ ~- -\ ~ ~ )7 0'\ .,., -<'\ """ ~ ~ J... i , I " I ! I ~ ! f{!' o \1 s ~ '"" Y' ~ ~ SURVEY OF PROPERTY A T LAUREL TOWN OF SOUTHOLD SUFFOK COUNTY, NY 1000 - 726 - 77 - 76 Scale: 7" = 30' May 29,1998 July 74, 2004 . July 26, 2004 {revisions} \ I CERTlFltD TO' TOPAZ ABSTRACT CORP. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK JOS~PH BAJADA LORRAINE H. WOLF ..." ......"...,;-1 .~" :; ~.__e ~-J I I I AUG 2 8 2006 \ i . ......,. ,.j " . .. .- ,-'t' ,,~." . ~:_:~ ',.. ..:...,. ~..:....~:..'-":::-.'.;:~: ~17t:jj AREA =30,438 sq. ft. to tie fine ANY AL TERA T/ON OR ADDITION TO THIS SURVEY IS A VIOLA TlON OF SECTION 1Z0.9 OF THE: NEW YORK STA TE: E:DUCA TlON LAW, EXCEPT AS Pf:R Sf:CTlON 1Z0.9'SUBDIVISION Z. ALL CERTlFlCA TlONS IIFREON ARE VALID FOR THIS MAP AND COPIES THERf:OF ONL Y IF <;AlD MAP OR COPIES BE:AR THE: IMPRf:SSr:o SE:AL OF THE SURVFYOR WHOSF<;Ir:;NA TURf: APPf:ARS HFRO)N. ADDlf/ONALL Y TO COMPL Y WITH ~AID LAW THF Tf:RM "At TFRf:D [W' MUST BF usrD BY ANY AND ALL SURVEYORS UTILIZING A COpy OF ANOTHtR SURVEYOR'S MAP. TERMS SUOI AS 'INSPECTED' AND "B~O!;r;HT-ro-nATF' ARF Nor IN rOMr'/./toNrr:. WITH rHr'I.A.W, t ;,- ~ <S> \[' '0 ~ \J\ 0 V\ ~ CP_ 0 .0 0 oS 00 ' '" ~. ~J r\ r' l :~i o '" '" 0- -z. o ~ '2:. ?- ~ ~ ~ o ~ ~ ~ <:-urb '~\ ) ~ '.-\ <1>_ II ~/ ~;/ I , / .~_I : 'i", ~~. t),.' .~\I~ '" 0J . ~ '!v(f" . / #-~ I -J ~ ,i- I' ~ / 0'Y ~JJ ,y' ,,0 \\ f~ ~ 0 "'0~~. r; ,t. k)V o"eO ,.'<,0,<) << '\ / I).~'&'& );/ 'J' '\ / '/ fv~ / 0~ LIe. N STREET //91/ , br;;//Ntr- /.> n- / /3 ,,~I .It/;1;: ,1\/ f'i/ xlrr /).///1, '101 ,~, , cJ (~' (')'~!!:a PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 s q Vip Acr,4 Tel: (631) 765-4330 Fax: (631) 765-4643 July 25, 2006 Margaret Rutkowski Betsy Perkins Secretary Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Bajada Appeal 1000-126-11-16 Dear Chairwoman and Board members: This application contains two applications because the existing house was converted in 1971 from a cottage to a single family dwelling. This was done with approval of the Zoning Board of Appeals for Wingate by decision 1468 of 1971. The Board approved a subdivision of the parcels and the building department issued a co for the 2nd expanded dwelling. My client wishes to reconstruct the house and relocate the bedrooms to the ~ story/second floor and use some of the square footage of the first floor for a garage. ----'1 In order to accomplish this goal we have Plan A or Plan B. Plan A would keep the 2 houses on one property. Reconstruct the second house in the same location but reallocate the rooms and square footage to construct a two car garage. Similar to other ?d dwellings on peconic Bay Blvd. /";7 Plan B would be to ratify the original subdivision approval granted by the ZBA in 1971 in order to keep each house on their own lot. My client does not intend to sell this lot, he would reconstruct the house with the garage, as is proposed in Plan A. Enclosed please find 7 packets of the following documents: PLAN A: 1. Notice of disapproval dated May 9, 2006 2. Application for Variance and/or Reverse Building Department Determinations: A. 1980 Resolution ratifying the ZBA subdivisions granted between January 1971 and September 1979. This subdivision was granted September 1971. B. ZBA decision of September 30, 1971 C. Building Permit Application dated June 1, 1972 with notes by building department that conditions completed (highlighted) D. Building permit#5930Z E. 1973 CO application F. 1973 CO for "one family dwelling" G. Pre-CO for Waterfront House 3. Authorization from clients 4. Questionnaire 5. Project Description 6. Transactional Disclosure 7. Short EAF 8. Two Surveys: A. Existing conditions survey B. Site Plan of New Dwelling and proposed footprint 9. Elevations of existing (superimposed) and new one and % story dwelling with garage addition. PLAN B: 1. Notice of Disapproval dated April 3, 2006 2. 1971 ZBA decision 3. Site Plan map showing proposed two lots, as approved in 1971: Lot 1 12,500 sq.ft.; Lot 2 17,938 sq.ft. 4. Copy of Bajada's Deed The request to ratify this subdivision does not require 280A approval since the action was taken in 1971 prior to Town Law 280A. We would establish a right of way over lot 1 for Lot 2. If you need anything else please do not hesitate to contact me. v~y yours, . /~~24f ~___patricia C. Moore cc: Mr. And Mrs. Bajada FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. S 9c.(<( It- NOTICE OF DISAPPROVAL TO: Patricia Moore NC Bajada 51020 Main Road Southold, NY 11971 DATE: May 9, 2006 Please take notice that your application dated May 9, 2006 For a permit to demolish an existing non-conforming single family dwelling and construct a new single family dwelling at Location of property: 7972 Peconic Bay Boulevard, Laurel. NY County Tax Map No. 1000 - Section 126 Block-Il LotlQ Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXVI. Section 100-31, "A. Permitted uses. (I) One-family detached dwellings, not to exceed one dwelling on each lot." Although the existing single family dwelling has a certificate of occupancy and the second dwelling unit was permitted pursuant to ZBA Variance #1468, issued September 16, 1971. the applicant failed to meet the ZBA condition that the property be subdivided within one year of the approval. However, because the dwelling is now being demolished, we now consider that approval null and void. In addition, the proposed new construction is not permitted pursuant to Article XXN, Section 100- 244, which states that parcels measuring less between 20,000 and 39,999 square feet, require a minimum single side yard setback of 15 feet. Following the proposed construction, the new dwelling will have a single side yard setback of 6.4 feet. ;;2-;72- 0 Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Filed By: Office Notes: For Office Use Only Date Assigned! Assignment No. ,r 9 <IV It Parcel Location: House No.7972 Street Peconic Bav Bonlevard Hamlet Laurel SCTM 1000 Section 126 Block..ll Lot(s)~ Lot Size 30.438 s.f. Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Mav 9.2006 (notice dated April 3, 2006 is plan B -subdivide property) PL.A-I'I II A I( Applicant/Owner(s):Lorraine Baiada & Joe Baiada Mailing Address:500 East 83'. Street. Apt. 1J. NY. NY 10028 Telephone:917-374-6442 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road. Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: o ApplicantlOwner(s) X Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 5/20/05 FOR: X Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI Section 100-dl Subsection (2'. dwelling on orooertv) Article 100-244 (side vard for reconstructed dwelling) Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article_ Section_ X Reversal or Other : Reverse Building Dept. Determination :(]) The second dwelling is a conforming building with a conforming use (principal dwelling), no use variance is reauired. (2) Variance issued in 1971 to allow structure to be located at 6.4 feet from the mopertv line and to construct an 850 sa.ft. Residence runs with the land. (3)Condition in apneal of 1971 comnleted- building permit obtained within 1 vear. No further action required for subdivision. (See Resolution of Planning Board dated September 22.1980) Action bv ZBA on subdivisions between 1971 and 1979 ratified. A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. 1468 Year 1971 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: POINT I: The dwelling is conforming by prior variances which continue to run with the land- Building Inspector incorrectly determined that the ZBA Appeal #1468 of 1971 is null and void. In 1971 (Appeal 1468) the Zoning Board granted a variance pursuant to Zoning Ordinance Article III, Section 300 (I); Article VII, Section 703 & 703(b); Article X, Section 1000A The lots each measured at least 12,500 and a side yard variance (East Side) was also granted. The existing guest house was granted a variance to be enlarged to the minimum required in the code (850 sf). The variance was granted for a period of one year to "effectuate a proper division of property and to apply for building permits to enlarge the guest house". The only requirement was that the Building Permit and CO be issued within one year. In 1971 there was no subdivision regulation for a setoff (2 lot subdivision). The ZBA created the lots and no further action by the Planning Board was required. See September 22,1980 Resolution of Planning Board attached. Since no further action was required for the subdivision and the owner obtained a building permit and CO to enlarge the house, the variance remains in full force and effect. POINT II: There are two full single family dwellings on the subject property, a subdivision was granted and deeds could be filed at any time to split the property. The subdivision predates 280A law and is Exempt from merger law. The 1971 appeal approved the lots and the building inspector wrongly determined that the subdivision had not been completed. See September 22, 1980 Planning Board Resolution. The owners are willing to forgo splitting the property because they merely ask that they be permitted to reconstruct the second dwelling with a garage. POINT III: The owners wish to add a private 2 car garage to the property- the owner and architect recommended the garage be integrated with the 2nd dwelling and in the same footprint. The bedrooms of the 2nd dwelling would be relocated to above the proposed garage. The roof line of the second floor would be left low by use of dormers to achieve the state code ceiling height. Since the house is a principal use the height will be conforming (23 feet). The existing structure must be demolished in order to use the same footprint for the garage and living space and to build the proper footings for the second floor space. The building department has sited 100-31 as not permitting more than one dwelling on a property. However, by ZBA action in 1971 the second dwelling is a permitted use with a variance for both it's location and use as a principal building (residence). The addition is not expanding the dwelling use but an accessory garage. The dwelling has a CO for a full 850 sq.ft. single family dwelling. The owner wishes to merely reallocate the space in order to use the same foot print for a garage. Peconic Bay Boulevard has numerous properties with two dwellings. Adding a garage to the 2,d dwelling will not change the character of either this property or the neighborhood. A garage is a permitted accessory use which could be constructed without variances, however, the additional structure would create a clutter of buildings on the property. (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: The owner does not want to add a garage as a separate detached structure because the property becomes too crowded. The determination of the building inspector that the variance is null and void as to the 2,d dwelling creates a cloud on the legal status of the 2,d dwelling. As "Plan B", the ZBA could grant the owner are-subdivision of the property as it was approved in 1971. The owner would need to file new deeds. One residence would be located on each property. The road frontage lot would be a minimum of 12,500 sq. ft. and the waterfront lot would be a minimum of 17,938 sq.ft. (see attached appeal) The house has a CO and will continue to exist. The subject request will eliminate the construction of a separate detached garage. (3) The amount of reliefrequested is not substantial because: The 2nd dwelling is existing. The reconstructed dwelling as part of the garage will require a small modification to the existing footprint to allow for stairs to second floor and state building code compliance. The location from the side yard will be maintained. The dormer keeps the ceiling height to a minimum. The CO of the 2,d dwelling is for a principal building not an accessory building. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The neighboring properties along Peconic Bay Blvd. Are similarly developed with 2nd dwellings. Adjacent property (Osler) has a large colonial, a waterfront house and a detached garage. Many of these 2,d dwellings on Peconic Bay Blvd. were constructed over garages to reduce the number of structures on the property (see attached photographs- #7480 Peconic Bay Blvd.- Krane's property-green roof)(#7020 Peconic Bay Blvd.). (5) Has the variance been self-created? ( )Yes, or (X )No. If not, is the construction existing, as built? ( )Yes, or (X )No. The proposed alteration to the existing dwelling required demolition and reconstruction for conversion of the space to a garage. The garage use is a permitted residential use which alternatively could be constructed as a separate detached structure, however, it would change the character of the property. Other homes on the block which have separate garages look crowded and block open views to Bay from Peconic Bay Boulevard. The owner would prefer to keep the west side of the property open. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The history of this parcel is unique. The 1971 construction was an addition to an existing accessory cottage (pre-existing in 1971). This structure, as constructed, could not support relocation ofliving space to the second floor. The demolition enables the overall footprint of the structure to remain substantially the same. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. olease oroceed to the signature and notarv area below. : REVERSAL OF BUILDING INSPECTOR'S NOTICE: The application is not a use variance. The subdivision was completed in 1971, the condition was to obtain an building permit within one year. The building inspector's determination that the subdivision was not completed and the variance nullified is wrong. There was no procedure other than the ZBA to effectuate a subdivision. The use (residence) is a permitted residential use which was allowed to be located at 6 feet from the property line by the ZBA in appeal #1468 of 1971. The house is a full single family dwelling with a CO as a principal structure of 850 sq.ft. A ZBA variance makes the structure conforming, as if the code were written as approved by <he ZOA. ~. .~~ (f. IL- Sign of Appellant or AuthOrIzed Agent (Agent must submit Authorization from Owner) .,rr ,/J .~..." Sworyt'to ,IJdoie me this'.! U.Ld-~ dayOf \ -.L , 2004>" . IIETSY A. PE1lK1NS ~_Ic.S1stoo/__ No. OfPE 6130838 _"SulI""CaunIy "000 --"""Julyf.CX I APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Lorraine & Joe Baiada Date Prepared: Mav 22. 2006 I. For Demolition of Existing Building Areas Please describe areas being removed: existing dwelling II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 6 x 22 addition to existing: footprint for garage conversion of existing footprint. 10 x 20.7 for living area to be relocated to second floor. The existing footprint will be Y2 for garage and \12 for living space. Dimensions of new second floor: dormer living area for ceiling heights Dimensions of floor above second level: none Height (from finished ground to top of ridge): 25 Is basement or lowest floor area being constructed? If yes, please provide height (above ground) ;}.'1 'I measured from natural existing grade to first floor: dt/ // l rv Cock) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: - /?'Z 5~ 5m[}1e ?bm;t'lcl~1 Number of Floors and Changes WITH Alterations:_ /,,///1'7 "1'dCe. &/1 /sr -/7nflt' WI"//, kdra?DJ.c; on ~rpd #001' IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: _ existing: 9.5% Proposed increase of building coverage: proposed 10.6% (j, I ~,) Squarefootage of your lot: :i3 01 <1:3 8 71,Fr Percentage of coverage of your lot by building area: /0. (" ;:: V. Purpose of New Construction Requested: to add garage space- relocate bedrooms to 2nd floor and use first floor for garage & living space. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 / 7 .. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Filed By: For Office Use Only Date Assigned/Assignment No. S9Vl/ ,S I Fee: $ Office Notes: Location of Parcel: House No. 7972 Street Peconic Bay Boulevard Hamlet Laurel SCTM 1000 Section 126 Block 11 Lot(s) lLLot Size 30.438 s.f. (Lot I: 12.500 sq.ft. Lot 2: 17.938 sq.ft. Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: April 3. 2006 fJL,LJ N "8 ,. Applicant/Owner(s): Lorraine Baiada and Joe Baiada Mailing Address:500 East 83'd Street. Apt 1J. New York. NY Telephone: cell 917-374-6442 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq.. Address: 51020 Main Road. Southold. NY 11971 Telephone: (631) 765-4330 fax: (631) 765-4643 Please specifY who you wish correspondence to be mailed to, from the above listed names: y Applicant/Owner(s) X Authorized Representative yOther: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 28. 2006 FOR: y Building Permit y Certificate of Occupancy y Pre-Certificate of Occupancy y Change of Use y Permit for As-Built Construction yOther: ratify subdivision of parcel bv recording deeds in accordance with Appeal No 1468 of 9/16/71. Subdivision predates 280A of Town Law Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 100 Subsection 235A.I and Variance #1468 Type of Appeal. An Appeal is made for: Y A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. . if' Interpretation ofthe Town Code, Article Section if' Reversal or Other: complv with decision No 1468 dated Sept. 16, 1971 bv recording two deeds A prior appeal if' has if' has not been made with respect to this property UNDER Appeal No. 1468 Year_1 97 I REASONS FOR APPEAL (additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: In 1971 (Appeal 1468) the Zoning Board granted a variance to convert accessory building into a dwelling with insufficient living area. The owner was required to "effect a proper division of property and to apply for building permits to enlarge the present guest house". The 1971 Zoning Ordinance did not require any special procedures to create a lot with a minimum square footage of 12,500 sq.ft. The ZBA approved this subdivision in 1971 but one lot had to be a minimum of 12,500 sq.ft. The owners merely had to split the property by deed. The two houses remained with the same owners so they did not feel compelled to split the property by deed. Mr. And Mrs. Bajada The zoning code in 1971 did not consider a two lot split a "subdivision". Prior to 1973, the zoning ordinance did not define a "subdivision". The definition was later amended in 1980 requiring a subdivision excluded a "set-off' (2 lots) with Planning board simplified review of the appropriateness ofa set-off. (See attached amendment to A106-13 of 1980) A building permit was obtained and a certificate of occupancy issued (Z5117) May 1, 1973. The owner wishes to ratify the subdivision and record two deeds. Attached: (1) ZBA decision dated 1971- Zoning was conforming (2) application for a building permit showed the subdivision & addition to dwelling 6/6/72 (3)building permit No 5930Z issued 6/6/72 (4) application for certificate of occupancy 4/21/73 (5) certificate of occupancy 5/1/73 for one family dwelling (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: The subdivision would place one residence on each parcel and conform to the decision of 1971. While the lots would become pre-existing nonconforming in area, we would have one dwelling on each parcel. (3) The amount ofrelief requested is not substantial because: The dwellings exist and rather than have a nonconforming dwelling (2nd dwelling on a property) on a nonconforming lot, the owner would have a conforming uses on nonconforming lots. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The nonconformity would be reduced by the subdivision. The lots were granted approval in 1971 and the variances for the existing structures were also granted in 1971. There is no net change to the existing properties. In 1973 the Building Inspector was satisfied that the conditions were fulfilled because he issued a certificate of occupancy for the dwelling. Only later Mike Verity determined that the conditions had not been fulfilled. I would submit that the typed language added to the decision it could be read that the" building permit had to be obtained within one year" in order to satisfY the ZBA condition. (5) Has the alleged difficulty been self-created? ( )Yes, or (X )No. The difficulty arose in 1971 and the owner wishes to clean up the property record. Two houses are located on this property. The owner wishes to add a two car garage and relocate the living space within the new structure. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TT ACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ ~ature of Appellant or Authorized Agent (Agent must submit written Authorization from 10<. .........V.. VI '......~ zUNUwG IIOA"D- OFIlFR{" ^....1 No. 14 66 "'ad September 16, 1971 ACTION OF THE ZONINO bOARD or APPEALS OF 'rHE towu OF SOUTHOLD . To Arthur a. & Ruth Wingate Peconle BaT Blvd. Laurel. New Yor!L..__..__ ApptDmI ....-----.--.--..-. ". at a rneetlna or tbe- ZoAblg Board of Appeals on September }O, 1971 the ....... WIIS eonslderN Ilhd. the 8etlon IncUeette4 below wac tllken. on ,fClur ) Request for varla~e due to lack o~ ~'" to property ( ) Requat fDr . aptelat uception under th@ ZonI.Q1 Or41n.n~ I. ) Rtquest for a v.riahee to \he Zcmtn, Ordlllllnctl I. SPECIAL BXCBP'tlON. By reeoll.lUon ot the Board It w.. determined that a Ipe(llllll aftPUoG ( ) be cranted. ( ) be denied punuan.t to Artld. ...............H... ~lan ..._._.............. SubMeUon .N__ JNII'IarQb ......_..H_..... of tha Zcmlnl OrdInance abd the decl,lon of the BuJJdjog Inspector ( ) be: feftI'1ed ( ) IH oMdkm~ ~~ 10100 P.M. (E.S.T.), upen epplioation ot Arthur H. & Ruth Wingate, Peconio BaT Slvd., Laurel, new York, tor a varianoe Ln aooordance with the Zoning Ordinanoe, Article Ill, Sectlon.300, Subeeotlon I, Artiole VII, Sectione 703 & 703b, and Article I, Seotion 10001, tOr permission to conVert acceaaorT build In. into dwelling with lnautticient living area. Looation ot prope~TI south side ot Peconlo BaT Blvd., Laurel, New York, bounded north b7 Peconlo BIlT Siva., ailet bT W. F. Osler, Jr., south bT leoonlo BaT, Ifnt bT DorothT Farley. Fee paid $S.60. . .. '""''' 0__.._. _....._'________..__._._._~_.. t. VAlUANCE.;aJ' rnolutlon of the Boant U "'as delerndned that Ca) Strict application of th. OrdlDal1ce (would) (would not) prodllce practleal dlfftadtl. or u hardshIp ben.UH ;>., , an REVBRS. (b) 'the h8n1sbip erea.ttd (is) (Is Dot) unique and (would) (would. not) bt ,bared b7 an ~ alike In the immediate vklinlt,o Of thit ~ and In u,. sam, UN dittrid: because aD RBVBRSB (e) The vadahce (does) (d08s not) abeerve the spirit ot lb. 0rd1na:1)Cl!! and; (would) eha..,. IIle __ of the _ __ (_110I) aD RIVBRSB and therefore. it was fUrther thtermihed thlIt the reques1@d vwJaneoe ( ) be granted ( ) be dtDJed .beI that the prrdoua declalons of the Buildl,.- Ins:peeb- ( ) be. con.linned ( ) b@ revftltd. aD RIlVERSII ".nNfN~ RnARn nO' .UDP&Ta .:.~ 1.1..JC":;:I"('12 t"ntr.If;I r":' ."Llf'- . ......,....II"'lI., . 1,1n1t.I.J ... --::; Arter Inveotlg~tlon and inopootlon the Boaro -fInds that applicant requests permisslon to oonvert aoooosory building into dwelling with in.ufticient living .rea On property looatod louth olde ot Peoonlo !'lBY BITd., Uurel, New York. The findtngl ot the Board are that applloant 1. the owner ot a lot with approxlmatelT )0,870 .q. ft. on whloh there are two dwelling., the Imaller at whloh il pre.ently u.ed a. . gue.t house and 1. approxlmately 100lted at a point 1 foot trom -the e..terly side 11n.. T~ Bosrd flnds that atriot applioation ot the Ordinanoo would produce praotloal dIttloultle. or unnooeBaary hard.hip,the hardshlp oreated i. uhIque .nd WOuld not be .hared b1 all prop.rti.. alike in the ilD1l1edlllte vidnlty at this property and In the 8ll1llll u.. d1otr1ot, and the var1e.noe ,,111 not .hange the oharflCtel' at the nelghb01'hoOd, and wtll obeerve the spirlt ot the Ordlnanoe. THEREFORE r! WAS RESOLVED, Arthur H. &: Ruth Wlngate, peoobio Bay BlVd., Laurel, Now York, (applioation ao amendod), be GRANTED perlll1eolon to convert a.couory bullding into dWelling with insutticient living area on a_outh side of Peoonlo Ila;rlllvd., Laurel, new York, providing the f~110wing conditIons are tulfllled. 1. That the propartT be divIded ao a. to provide at least 12,500 square t.et On the lot upon ~iOh the gue.t hOU'o i. pruenU~ sHuated, and tbe relllUni1l6 prOperty .hall also be not Ie.. than 12,,00 square feet, 2. The .ide, rear, and tront larda are not to be v.rted-undor the minlmam provided b;r the pre.ent Soning la.. exoept on the e..torn ald. Yard _on tfhl.oh the 11".. are ..hbll.hed. 3. Tn. pril..nt gu..t hou.e lIIIIlt be enlarged to oont_ to the pre.ent .onlng- ardlnanoa, Rnd muat not b. 1... than 8,0 eq, tt. ill .i.e. 4. Thh permtuion is OR.Ui'l!ED tor a periOd ot 0". year.. to effect a proper division of property and ~o apply for building pe~mlto to enlarge the present guest house. Vot.. or the B..rd' _ A,...,. Mn"'&1 Gl11isP1e, Bube, Gl'lgViila, Doren. Abatainlng. Mr. Robert Bergan. * * .. old WdSo:c0 SOOo so -N~f -m ~ '-O<lJ ~I I I I ~ I I I ~I . ~ fORPCL.fr<<l. I SEE SEC. NO. t25+l.024~ " r ., ~I- . FORPCL.flI). SEE SEC. NO. 125-(14-024.25 ~ 21] 100 FOR peL. NO. f>EESEC.t<I:l. 125-~-024.2J ~tJ;.. ~ '}.'<; G 9- " "6 l~~ WATCH L ~'yorAlI.lno ><bdI.loloolot.... ~.lllnlj WmnIDI.",,,U,,,, ". 1I,<lr<>" D1"r~' Un. UNLESS DfOUI< OTf'CAWlSE. '" PROPERTIES E --i'-~ (21) @ m .'TIIIN 'OC FOLLOWING OISTJ'nCTS, _.._- <;.M......lIIod<lt\IIc.r<o ~.~ 1;,.01.""11.... 1lo'_D1.t'ktll", --~-- ,CHOllt , II SE.ER .wrl C kblhlolonLofllno -----. -- ,,,,...D""',''',,, ~"n.',~Di,";" u". -H$T ~- CO, " "YDR~T E Mr_15I>or. ~'--"""""" >e<iod_n CW1.,,1r>t --- Lloh'DI,""tlloe --L-- 'mb<i<nr.~,t'i(tLi",,--'-- LII,HI 4G41 "'fER N PAR, " REFUS[ 0 I'I:J"ctllC. " _I'.. t2.1o\ldl " 12.1.< TOW\lN ---- P,,'/li,trldl"'" --p-- ..",.."... llI'fr~' If'" -..-- '~BULAliCt USTE..1I:R C<lc:Uotedlr.. tUllcl _'n ----- s.... ~"'"t U.... -,