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Home My WebLink About6129 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Olive James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED-J- FINDINGS, DELIBERATIONS, AND DETERMINATION ___~. _ MEETING HELD SEPTEMBER 4, 2008 ~l-[J 1 2 2008 ZBA # 6129- LIA POLITES and KEVIN FERRO, Applicants ~~'~ PROPERTY LOCATION: 300 Jackson Street, New Suffolk 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. 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 Department of Planning reply dated February 25, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 68,557 square foot parcel in the Residential R~40 Zone District, measuring 109.12 ft. along Jackson Street to the north, 111.41 feet along Peconic Bay to the south, 642.78 feet along the western boundary, and 657.40 feet along the eastern boundary. The property is improved with a single family, two-stow frame dwelhng and a single-story frame accessory cottage, as shown on the survey by Peconic Surveyors, P.C.L.S., dated July 12, 2006 and amended on October 25, 2007, January 7, 2008, and January 14, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-121A and/or 280-122, based on the Building Inspector's November 8, 2007 Notice of Disapproval concerning proposed additions and alterations to a nonconforming accessory cottage. RELIEF REQUESTED: The apphcants seek a variance to allow reconstruction and enlargement of a nonconforming accessory cottage structure with pre-existing conforming use of an accessory cottage use. ALTERNATIVE RELIEF REQUESTED: By letter dated August 13, 2008, withdrawing the portion seeking to renovate and reconstruct with a second-story to the structure, and requesting Variances under Code Section 280-122 to permit an enlargement and reconstruction of a nonconforming cottage containing a conforming use. An amended plan was submitted on June Page 2 - September 4, 2008 ZBA # 6129 - L. Polites and K. Ferras CTM 1000'117'10-2 16, 2008, and letters dated June 13, 2008 and August 13, 2008, clarifying the addition of 780 square feet to the first floor with a resultant total floor area of 2,344 square feet, after eliminating the proposed second floor area and moving the structure so as to create a conforming 20 foot side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this apphcation on August 21, 2008, 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: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. The Board finds that the accessory building in question contains not a nonconforming use but a nonconforming structure with a conforming use. Hence Code Section 280-122 is the apphcable section for the granting of a variance. 2. Town Law §267-b(3)(b)(3)(1). Grant of a variance of an addition of 780 square feet of first floor area will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. As amended, the addition of 780 square feet is 684 square feet less than the total originally applied for, which had included a second-stow addition. The revised plan will maintain the existing one-stow structure of the cottage, increasing the side setback to a conforming 20 feet will reduce the impact of the addition on neighboring properties. 3. Town Law §267-b(3)(b)(2). The benefit of increasing the size of the accessory cottage cannot be achieved by means not requiring a variance because the cottage is a nonconforming structure. 4. Town Law §267-b(3)(b)(3). The proposed variance for the addition is substantial with respect to the size of the cottage, amounting to an increase of 50%. It is not substantial with respect to total lot coverage, which will increase from 5,242 square feet to 5,687 square feet, amounting to 8.5%. 5. Town Law §267-b(3)(b)(5). The difficulty was not self-created so far as the structure that is to be modified pre-existed the Zoning Code, and self-created only in the sense that the applicant proposes to reconstruct and increase the size of the footprint an existing one-story accessory cottage. /~ ( 6. Town L~aw'~267-b(3)(b)(4) Evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood The effects cited have been significantly mitigated by the amended plan, which eliminates a second- floor addition and relocates the cottage to conform with required side setbacks. Page 3 - September 4, 2008 ZBA# 6129 -L. Polites and K. Ferras CTM 1000-117-10-2 7. Town Law §267-b. Grant of alternative relief as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovating and adding to the existing accessory cottage, 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 as applied for, and shown on amended diagrams (basement plan A-08 prepared May 18, 2008) and elevation diagram prepared July 8, 2008), prepared by David Berridge, Architect. Any deviation from the variance given such as extensions, or demolitions which are not shown on the pphcant 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 minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Ohva, Simon and Weisman. Absent was Member Dinizio. This Resolutio~n ~-~pted (4~ 2 ~43EJ~D p. GOEHRINGER, ~HAI~MAN 9/// /2008 /t~proved for Fihng East Elevation - Existing ~,,,: ~,'- ~'.o' t FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ i,~ ~ DATED C~ /~ / ~0o,~ "' 2"~"-' East Elevatio~ - Proposed ISO ~ 5~ ~ 2C.~ ~. ~ t~15, ~ 212 ~1 ~27. ~ 212 ~1~I02, NOTE: No Basement or crawl space exists under existing house. House will be lifted and moved west 6'3" to new foundation. All floor framing and supports to be assessed on site after existing building is raised off existing ongrade supports. New joists and bottom plates will be used where ever termite and or rot damage has occurred. O Storage Existing Dimension Storage Storage Existing Dimension New HVAC system through out. ~oo2~ Mechanical Existing Dimension Existing floor datum to be raised 1'-0" Crawl Soace 19'-1" Basement Proposed Scale: 1/8" = 1'-0" FINAL MAP REVIEWED BY ZBA SEE DECISION '~ ~ 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, ceil 917 742-7825, ~baj~_~berridge.us 300 Jackson Street. New Suffolk, NY Basement Plan May 18, 2008 Basement Plan I ^ ] Proposed I ,,,,~: o~,~ I FORM NO. 3 TO: NOTICE OF DISAPPROVA Frank Yakoboski (Polites/Ferro) PO Box 389 Riverhead, NY 11901 )ATE: November 8, 2007 Please take notice that your application dated August 6, 2007 For permit for additions and alterations to an existing non-conforming accessory cottage at Location of property: 300 Jackson Street, New Suffolk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot:2 Is retumed herewith and disapproved on the following grounds: The proposed additions and alterations, on this 68,557 square foot parcel, in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-121,A., which states that non- conforming uses, "Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." The accessory cottage use is non-conforming, pursuant to Article III, Sectior~00-3 lA,~yfiich states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The accj~6'~'~tta~eql h'Wdjng constitutes a second dwelling unit. /i / / 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. ZFOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To uido for / / E & M Kavanagh / / P0702 / Please take notice that your application dated May 3, 2004 DATE: June 17, 2004 ,L JUL 9 2004 E~ £_:.: ~ "'i"."- '2~_ ?3 ;".,:::5.. For permit for construction of a single family dwelling to an existing garage Location of property 11255 Sound Avenue, Mattituck County Tax Map No. 1000 - Section 141 Block 3 Lot 6.3 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds: The proposed addition to a non-conforming garage, on a non-conforming 15,805 square foot parcel in the Residential R40 District, is not permitted pursuant to Article XXIV Section 100-242A which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Pursuant to the ZBA's interpretation in Walz #5039, such addition will constitute an increase in the degree of uonconformance. The proposed construction is not permitted pursunt to Article XXVI Section 100-244 which states that lots measuring less than 20,000 sq.fl, require a min. front yard setback of 35'. This comer lot requires two front y/ards. The site plan indicates a front yard setback of approx. 34'. The lot co~a'l~e is less than 20% Authorized Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. BUILDING PE~IT APPLICATION CHECKLIST Do you h~e or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Cheek Septic Form N.Y.S.D.E.C. Trustees Examined ,20___ Contact: Approved ,20__ Mail to: Disapproved a/c 'hone: Expiration ,20__ .. --~ ~ Building Inspector ~ ~ ~PLICATION FOR B~LD~G PE~T ~ ~ Date ,20 .... ~plieafion ~ST ~ ~mpletely filled M by ~r or ~ ~ ~d submi~ to ~e BMI~g ~s~emr ~ 3 se~ ofpl~s, ~e~ plot p~ ~ ~. Fee ~oMMg to b. Plot pl~ showMg l~ion of lot ~d of buildMgs on p~s, ~i~o~hip to ~joMMg ~em~s or pubfic s~ or ~e~, ~d w~e~ays. c. ~e work covered by ~ ~plic~ion my not ~ ~en~ ~b~ ~s~ of Buil~g Pe~it. d. U~n approv~ of~is application, ~e Buil~g ~or will ~sue a BuildMg Pe~it ~ ~e ~pli~t. Such a ~it shall ~ kept on ~ p~mises av~ie br ~efion ~u~om ~e wo~. e. No buildMg s~l ~ occupied or ~ed M whole or M p~ for ~y p~se what ~ ever ~fil ~e Buil~g Ins~ctor issues a Ce~ifica~ of Occu~ey. E Eve~ buildMg pe~it s~ll exp~e ~e wo~ au~ofi~d h~ not co~eneed within 12 mon~ ~er ~e ~te of iss~ce or h~ not ~n completed wi~ 18 mon~ ~om such d~e. If no ~mg ~en~en~ or o~er regu~fio~ ~eetMg pro~ have ~ e~t~ M ~e M~ ~e B~ldMg ~s~e~r may ~or~, Mdifion s~ mon~. ~e~, a new ~t s~! ~ ~qu~ed. ~PLICA~ON IS ~BY ~E Building Zone ~ee of~e To~ of Sou~ol~ SuffoA Co,W, New Yor~ ~d o~er applicable Laws, ~M~s or Regu~tions, for ~e cons~u~ion of buildM~, ~fio~, or Mmmtio~ or for ~mov~ or demolition applic~t a~es to ~mply wi~ ~1 ~pli~le iaw~ ordM~s, build~g ~e, ho~ing ~e, ~d ~Mfio~, ~d to ~it authored Ms~cto~ on pre~ses ~d ~ build~g for n~ss~ ~efio~. (M~iling address of applicant) ~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premiss ~ZZ~_g~e~ / ~ c4 ~c-.. (~ ~ ((As on the tax roll or latest deed) If applicant is a eorpol~atio~, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section / k "7 Block { ~) Lot ~.~ Subdivision Filed Map No. Lot 2. State existing use and occupae of premises and intended use and ocdOncy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature ofwor~(check which applicable): New Building_ Repair ,/ Removal Demolition 4. Fee 5. Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories _Depth Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size of lot: Front 10. Date of Purchase Rear Depth Name of Former Owner ~ 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES__ NO__Vffll excess fill be removed from premises? YES __ NO__ 14. Names of Owner of premises_:~_~:_mgaZ~a~: rc~_'c Address Name of Architect ~)~,~m ~:~v_,o<~4 Address k~ ~,c~' _~,- ~7, o~qPhone No LI ~ "5-4l 4r4 (.. 7 Name of Contractor ~ ~ ~$eco,~q, aa za~ ~.~ ~* ~ Addressz~ ~'~*~q~'~honeNo. fi51 gc~3 '7~tv -7 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNZV ) -~).~xe t V2 ~7-~ *-~ ~ C ~ beMg duly sworn, deposes ~d says ~at (s)he is the applicant ~me of ~divid~l si~g con,ct) a~ve nmed, (S)He is ~e ~ ~ (Con~tor, Agenh Co~mte O~cer, 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 Lo ~,d~-day of ,,~ o ~S-~7 20 / Notary Pub-]ic - Signature of Applicant Town of Southold LWRP CONSISTENCY ASSESSMENT 'ORM INSTRUCTIONS l. All applicants for permits* including Town of Southold age~ C~¢s~ ~shali~AF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Tiffs assessment is intended to supplement other information used by a Town of Sonthold agency in making a detemffnation of consistency. *Except minor exempt actions inchMing BuiMing Permits and other ministerial pet?nits not located Within the Uoastal Erosion Hazard ,4rea. Before answering the questions in Section C, the preparer of this form should review tile 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). If' any qnestion in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP 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 LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP 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 Southold's website (southoldto~vn.northfork.net), the Board of Trustees Office, the Plamfing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 117 10 2 Tile Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard[--] Building Dept. [] BoardofTrustees [--] Category of Town of Southold 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) (~)---'-Permit, approval, license, certi~tii~-rii .... see buLldin~:, permLt .......... Nature and extent of a~ctiofi: Alteration and ronovation of pre-existin§ dwellin~ Location of action: 300 Jackson Street. New Suffolk Site acreage: 68,557 Present lmld use: residential Present zolfing classification: r~.qi d~n~- i a 1 If ,%n application for the proposed action has been filed with the Town of $outhold agency, thc f01lowinl information shall be provided'. (a) Nameofapplicant: [.ia Polites c/o Francis J. Yakaboskl (b) Mailing address: 456 Grilling Avenue, Riverhead, New York 11901 (c) Telephone nmnber: Area Code ( ) 631-727-4100 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [X~ If yes, which state or federal agency?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of tfifrastructure, makes beneficial nsc Of a coastal location, minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalnation criteria. ~¥es ~ No V~ Not Applicable Attach additional sheets if necessary ....... ~l~y-2~.Trotect anfl~r6g~-r~ his~6~i~c--~d~r~li'~i~6 oI6gi~al resources ~ih-e oT6~n--~fS3ht~ldCS~e~LWRl Section III - Politic4 Pages 3 through 6 for evaluation criteria xes N~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~ No [~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ['-3 Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IIl - Policies Pages 16 through 21 for evaluation criteria [--] Yes [] No [--~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Sig~i~fi_c._a_n~.._C_o_~._s_t?_!Fis~h_.a__nd ...W_ildlife_~_ab!~.a__t_s_?_u_d ~vetl~a~_ds:__S?e LWRP Section III - Policies[_P_ages 22 through 32 for evaluation criteria. [-]"Y~s' [~] 1% [~] ' r~0i'xppii~-~ie .............. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Souihold. See LWRP Section III - ?olicie Pages 32 through 34 for evaluation criteria. [~ Yes ~] 1~o[~1 Not Applicable Attach additional sheets if necessary Policy 8. Minimize enviromnental degradation in Town of Southold from solid waste and hazardou substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-] Y. es [-~ No ~ Nol Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and publi, resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluatioi criteria. Yes [--] 1No [-~ Not Applicable Attach additional sheets it' necessary WORKING ~COAST POLICIES Policy 10. P,,,~t outhold's water-dependent uses and promote siting of new water-dependent uses in suitable Iocatious. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary a~d Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evahlation criteria. ~ Yes [--] lNo [-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-1 Yes N [No [X-] Not'Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applisable Created on 5/25/05 ~t l.'20 AM House No. 300 Street Jackson Street Hamlet Ne ~ SCTM 1000 Section 117 BlocklO Lot(s). 2 Lot Size 68,557 sq ft Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11-08-07 BASED ON MAP DATED 08-2007 Applicant(s)/Owner(s): Lia Polites/Kevin Ferro MailingAddre~: 550 Fifth Avenue, New York, New York 10075 Telephone: 212-675-7111 Fax #: Email: NOTE: I~ addition to the above, please complete below if application is ~ by applicant's attorney, attar, architect, ImiMer, contract Name of Representative:Francis J- Yakaboski for (X) Owner, or ( ) Other: Agent's Address: 456 Griffing Avenue, Riverhead, New York 11901 Telephone (631) 727-4100 Fax#: (631) 727-4130 Email:francis--yakaboski@yahoo.com Please chech box to specify who you wish correspondence to he mailed to, from the above names: D Applicant/Owner(s), or ~Authorized Representative, or I~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED 08/06/07 FOR: ,~ Building Permit [] Certificate of Occupancy D Pre-Certificate of Occupancy [] Change of Uze [] Permit for As-Built Construction [~Other: additions, renovations, alterations to existing residential cottage Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) See. ~ttachment A Article.__ Section 280- ~unsert~On Type of AppeaL An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. Ii'Interpretation of the Town Code, Article Section [~Reversal or Other see attachment labeled A A prior appial [] has, t~has not been made at any time with resoect to this oronertw. UNDER Appeal No. Year __. (Please he sure to research he/ore completing this question or call our office for assistance.) Zl~X~File # NameofOwner: Lia Polites/Kevin Ferro REASONS FOR APPEAL (ad~donal sheegs may be used with mre~arer's si~naturek 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: not applicable (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: not applicable (3) The amount of relief requested is not substantial because: not applicable ThevariancewillNOT haveanadve~eeffectorimpactontbephysicalorenvironmentalcondifions intheneighborhoodordistfictbecause: not applicable (5) Has the alleged difficulty been self-created? ( )Yes, or ~)No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes It,/ease furnish ctmv;. 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 ATTACHED USE VARL4NCE SHEET: (Please be su~ to consult your attorney.) Signature of Appgllant o~ Authorized Agent (Agent mmst submit wrntea Auffiorization from Owner) Sworn to before me this ~) ~day of ~0 ~._~. Not~ P~bli~ .... -- Cheryl A. Bliss NotaoJ Public, State of New York NO. 01BL6056053 Qualified in Suffolk Coumy,e OommJssion Expires Mar, 12~..O' Attachment A The notice of disapproval given by the Building Department of the Town of Southold relies on the provisions of Article XXIII, Section 280-121A and the provisions of Article III, Section 10~131A) of the Zoning Code. The applicant seeks a reversal of that determination and an interpretation of the provisions of Section 280-122 of Article XXIII of the Code as being the applicable provision of the code to deal with this structure which is a pre-existing residential use in a residential zone in the Town of Southold. This determination is supported by the determination of the Supreme Court of the State of New York, Honorable Melvyn Tanenbaum, in his decision, dated June 30, 2003 in the Matter of Dawson v. Board of Appeals, Index No. 29193-002 (copy of decision provided). Attachment B With respect to the provisions of Subdivsion C, the premises as can be seen from the survey and the site plan description contained in the drawings of David Berridge, Architect, consists of a 68,000 plus square foot parcel which is bulkheaded, does have some wetlands, etc. but none of these features affect the application for the alterations and renovations being sought by Lia Polites with respect to the dwelling set back from the water. The distance from the water and any wetland areas is beyond the trustees jurisdiction. BOARD OF A~ ," ::, ,:--: ] Attachment C There is no work being performed at this time on the cottage for which the variance is sought, however, there is ongoing construction and renovation with respect to the main dwelling for which a building permit and trustees permit have been issued. BOARD OF APPEALS l 617.21 Appendix C State Envtronmental Quahty Revtew SHORT ENVIRONMENTAL ~4SSESS3~IENT For UNLISTED ACTION$ Only P.'LRT I - Project 7mlbrmation (To be complete by Applicant or Project sponsor) 1 Applicant I Sponsor 2, Prelect Name Lia Polites Polites Renovation 3. Project location: Municipatib/ County Southold sl:ff~l~ 4, Precise location (Street address and road intemectJons, prominent landmarks, etc. or provide map) 300 Jackson Street, New Suffolk, New York 11956 See survey submitted 5. Is proposed actlor~: ) NEW ( ) EXPANSION (X.~ MODIFICATION/ALTERATION Descdbe project briefly: The applicant seeks to renovate, alter and repair an existing home on the premises. Amount of land affected: IlnitlallY:approx. 1.75 acres; Ultimately: approx. 1.75 acres 8. Will proposed action comply ,Mth e:dsUng or other existing land use restdctions:~(~) YES ( ) NO If No, descdbe bdefly: 9. What is present land use in vic/nib/of project: (describe): (X) Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) ParkJForesl/Open Space ( ) Other 10. Does action I'nvolve a permit approval or funding, now or ultimately lrom any other Governmental agency,(Federal, State or Local) ? [YES / NO If Yes, list agency(s) and pefmilVapprovals: uilding Permit Southold Town Building Department 1 I. Does any aspect of the ac~en have a currently valid permi( or approval? ( } YES (X } NO,~ .~ if Yes~ list agency(s) and permi~Japprovals: 12. As a result of proposed action, will existing permWapprova[ require mod/fica(ion? ( ) YES (X) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above Is true to the best of my kn, owledge Appllcantl Sponsor Name: Franc~s J__. Yakabosk~ Date: If the action is in the Coastal Are-~"~nd you are a state agency, complete the Coastal Aeseasmenl Form before procee td'ng with this assessmen T SOUTHOLD PROPERTY RECORD CARD OWNER ~RMF~ OWNER ~LAND ' IMP. VL. V l LLAGE E ~, ////, Lg, 7/- ~,~ W TOTAL DATE 'd6d DIST.t SUB. LOT TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value REMARKS ,,,/.~/~ j~/~,. Wo ,?~,.,,,.~. 7(,I odd i AGE qEW :ARM illable 'oodland eadowland ouse Plot )roi NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK COLOF TRIM I st 2nd M. Bldg. Foundation (~o._~ CB OTHER Bath ~ Dinette Extension Basement ~L COMBO SLAB PARTIAL Floors Kit. Extension Finished B. Interior Finish L.R. Extension Fire Place '{~E~ Heat D.R. Garage Ext. Walls BR. Porch Dormer Baths Deck/Patio 3~' ,~(~o = ~1 ~o ~ ~,e~ = ~-~, Fam. Rm. Pool ~o ~.,~ ~::~,c ~ Foyer A.C. Laundry Library/ Dock SHORT FORM ORDER PRESENT: Hon. MELVYN TANENBAUM Justice SUPR I.~ :ME C0 VRT- s r Tr OF N: .S. PART XIII SUFFOLK C( BO/V:D C:F APPEAL~t S/D INDEX No. 29193-2002 :W YORK ~UNTY ~TION #00 I-CASEDISP 122302 040703 In the Matter of the Application of CHRISTINE DAWSON and GLENN DAWSON Petitioners For a Judgment under Article 78 of the Civil Practice Law and Rules - against - ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Respondent PLTF'S/PET'S ATTY: ESSEKS, HEFTER & ANGEL, ESQS. 108 East Main Street Riverhead, New York 11901 DEFT'S/RESP'S ATTY: SMITH, F1NKELSTEIN, LUNDBERG, ISLER & YAKABOSKI, LLP 456 Gfiffing Avenue Riverhead, New York 11901 Upon the followingpapers numbered lto 50 readonthismotionforanordervursuanttoArticleT~ Notice of Motion/Order to Show Cause and supportingpapers 1-5 ; Notice of Cross Motion and supportingpapers Answering Affidavits and supporting papers 6-$0 Replying Affidavits and supportingpapers Other ' · " ' ' '' ..... ' ' ~ -' " · ORDERED that this CPLR Article 78 petition seekingajudgment setting aside the decision of the respondent ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ("BOARD") dated October 3, 2002 by modifying that portion of the conditional approval for the variance which requires that no "cooking or kitchen facilities" be permitted in the accessory cottage building is determined as follows: Petitioners own an approximate 51,000 square foot parcel of land located in an R40 residential zoning district which permits construction of dwellings on lots having 40,000 square feet. The parcel is improved with a house and a waterfrontcottage. The house and cottage were constructedprior to enactment of the Town's zoning code. On April 6,2000 petitioners applied to the Town building department for a certificateofoccupancy for both structures. By Notice of Disapproval dated December 14,2001 the Town Building Department denied petitioner's application for a certificate of occupancy for the accessory building on the grounds that the residential use of the cottage had been abandoned for more than two years. Southold Code Article XXIV 100-241-G provides: "Whenever a nonconforming use of building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this Article to the RE: DAWSON v. ZONING BOARD Index #29193-2002 Page 2 contrary notwithstanding, the non-conforming use of such building or premises shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals." Petitioners appealed the Building Department's determination claiming that the Town building inspectorhad misinterpretedthe applicable codeprovision for their non-conformingstructure. Alternatively petitioners sought a variance to permit use of the cottage as an accessory residence to the main dwelling. The"BOARD"convenedpublichearingsonApril 18,June6andJune20,2002. Bydecisiondated October 3, 2002 the "BOARD" granted petitioners an area variance for the cottage subject to four conditions: 1) The cottage/building shall only be used as an accessory structure to the single-family residence. 2) Temporary occupancy is permitted. 3) Sleeping quarters shall be permitted. 4) No cooking or kitchen facilities. This petition seeks to set aside that section of the "BOARD's" decision which requires removal of the kitchen facilities claiming that no rational basis exists upon which to require such a condition. In support movants submit a verified petition and claim that the Town has made an error in law since the cottage is a non-conforming structure and is not, as the Town has determined, a non-conforming use. It is petitioner's contention that no abandonment provision exists in the Town Code for non-conforming structures and therefore the discontinuance section of the Code (§ 100-241) relied upon by the Town is inapplicable. Petitioners argue that as a non-conforming structure which pre-dates the zoning code, they are entitled to apre-existing certificate ofoccupancywithout the need for a varianceand that the "BOARD" lacks jurisdiction to impose conditionsrelated to removing the kitchen facilities. Petitioners also contend that the "BOARD's"determination imposing condition fi4 was arbitrary, capricious and not supported by substantial evidence in the record. Petitioners claim that the "BOARD's" decisionwas made to prevent the possible futura use of the cottage as an independent dwelling and is therefore not sustainable since the respondent is without authority to make a determination based upon a possible future illegal use but must only consider the actual use of the premises by the current owners/occupants. Petitioners claim that they have voluntarily agreed to limit their use of the cottage as an accessory use and will not rent the cottage to a separate family and that there is no need to impose the onerous condition of removing the kitchen facilities. Petitionersclaimthat: l)thecondition servesnolegitimatezoningpurpose;2)no evidenceexists to support the kitchen facilities removal since there was no discussion about it during the public hearings; 3) the condition effectively prohibits use of the cottage; and 4) the "BOARD's" decision was over broad. It is petitioners position that under these circumstances the kitchen removal condition should be annulled. RE: DAWSON v. ZONING BOARD Index #29193-2002 Page 3 In opposition respondent "BOARD" submits a verified answer together with a certified return containing the transcript of minutes of the Board hearing. Respondent claims that the question of whether the cottage is a non-conforming use or a non-conforming structure is moot since petitioners amended their application during the hearing seeldng to maintain the cottage not as a separateresidencebut as an accessory structure to the principal residence. Respondent claims that petitioners were granted the relief requested when the "BOARD" permitted use of the cottage as an accessory building. Respondent claims that the "BOARD's" determination has a rational basis and is supported by substantial evidence in the record since imposition of the condition was reasonable and is consistent with the intent of the ordinance prohibiting more than one single family dwellingper lot. Respondent asserts that imposition of the condition is necessary to prevent current illegal use of the property since if kitchen facilities were permitted the cottage would no longer be an accessory to a principal residence but would instead be a second impermissible single family dwelling. In a proceeding;seeking judicial review of administrative action, the court must determine whether there is a rational basis for the decision or whether it is arbitrary and capricious ~ v. BOARD OF REGENTS, 53 NY2d 186, 194,440 NYS2d 875, 881 (1981)). The determination of responsible local officials in the affected community will be sustained if it has a rational basis and is supported by substantial evidence (MATTER OF FUHST v. FOLEY, 45 NY2d 441, 410 NYS2d 565 (1978)). The law is clear that a zoning board has broad discretion in considering an application for a variance and their determination should not be set aside unless there is a showing of illegality,arbitrarinessor abuse of discretion. The decision must have a rational basis and be supported by substantial evidence (MATTER OF FLrHST_ v. FOLEY, supra; MATTER OF OOWAN v. KERN, 41 NY2d 591,394 NYS2d 579 (1977); MATTER OF WOLFSON v. CURCIO, 150AD2d 586,541 NYS2d 243 (2nd Dept., 1989); MATTER OF FRTNK v. ZONING BOARD OF APPEALS, 149AD2d 592,540NYS2d 679 (2nd Dept., 1989). In determining whether to grant an area variance, the Board must consider the following factors: (1) 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 varianct:; (3) whether the requested area variance is substantial; RE: DAWSON v. ZONING BOARD Index #29193-2002 Page 4 (4) whether the proposed variancewill have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (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 the area variance. (Town Law §267-b; SASSO v. OSGOOD, 86NYS2d 374,633 NYS2d 259 (1995)). A non-conforming use is a use of land which lawfully existed prior to the enactment of a zoning ordinance, and which is maintained after the effective date of the ordinance although it does not comply with use restrictions applicable to the area in which it is situated. Non-conforming uses or structures in existence when a zoning ordinance is enacted are, as a general rule, constitutionallyprotected and will be permitted to be continued notwithstanding contrary provisions of an ordinance (PEOPLE v. MILLER, 304 NY 105,109(1952)). "Zoning cannot prohibit an existinguse to which the property is devoted at the time of enactment. However the owner must establishthat the allegedly pre-existing use was legal prior to the enactmentofthe prohibitivezoningordinancewhichpurportedlyrendered it non-conforming." (KELLER v. HALLER, et al, 226 AD2d 639, 640, 641 NYS2d 380 (2d Dept., 1996)citing OLD WESTBURY v. ALLJAY FARMS~ 100AD2d 574 aff'd 64 NY2d 798 (1985)). Southold Town Code § 100-13 entitled "Definitions" provides: "NONCONFORMING BUILDING OR STRUCTURE-A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained afterthe effectivedateofthese regulations. NONCONFORMING USE-A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations." RE: DAWSON v. ZON1NG BOARD Index #29193-2002 Page 5 Southold Town Code § 100-241 provides: "Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a differentportion of the lot orparcel of land occupiedby such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changedto anothernonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or ora mom-restrictive nature. D. Shall not be changed back to a less-restrictiveuse ifchangedto a mom- restrictive nonconforming use. E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforminguse is damaged by fire or other causesto the extent of fifty pement (50%) of its fair value. G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." RE: DAWSON v. ZONING BOARD Index #29193-2002 Page 6 Southold Town Code § 100-242 provides: "Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or incmasethe degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. ( 1 ) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty pement (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule. (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in SubsectionB( 1 )above shallbe filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year thereatter unless reconstruction in accordance with the approved plans has been initiated." There is no dispute that petitioners principal residential dwelling and the cottage were constructed as single-family dwellings on one lot prior to enactment ofthe SoutholdTown Code. Both dwellingsexist in a zoning district designated by the Town as "R40" Residential. By Code definition the "use" of both structures as single-family dwellings conforms to the use designated by Southold zoning regulations since the district has been zoned residential. The cottage as a structure, however, is non-conforming since the Code does not permit two residential dwellings on a substandard lot. The Code definition of "non conforming building or structure"therefore applies since the cottage legally existed on the date the zoning code was enacted. (See A MZALAK v. VALLEY STREAM, 220 NYS2d 113 (Nass. Co. Sup. Ct., 1961); GRUENv. SIMPSON, 153NYS2d 237 (Nass. Co. Sup. Ct., 1956)aff'd 3 AD2d 841,161NYS2d 843 (2d Dept., 1957)). Although the respondent "BOARD" and the Town building inspector have authority and the duty to enforce Code restrictions, they are obligated to enforce only those restrictions which apply under the ordinance's definitions. In this situation petitioners cottage is by Code definition a non-conforming structure with a conforming use and the only applicableenforceableordinanceprovision requires that such a structure be "continuously maintained aflerthe effective date of these regulations" (see Town Code § 100- 13). Under these circumstances, the Town building inspector and the respondent"BOARD" did not have authority to RE: DAWSON v. ZONING BOARD Index #29193-2002 Page 7 deny petitioners application for a pre-existing certificate of occupancy or to require that petitioners obtain a variance absent proof that the "DAWSONs' failed to continuously maintain the cottage. The relevant credible testimony adduced during the hearing by CHRISTINEDAWSON establishedthat petitioners have continuously maintained the premises by painting it, installing a new roof, repairing the plumbing, and keeping it in basically the same condition as had their predecessors in title. Absent proof that petitioners did not continuously maintain the cottage, no legal basis exists upon which to sustain the "BOARD's" determination which mandates that petitioners remove kitchen facilities in the legal one-family dwelling. Based upon these circumstances, the "BOARD's" determination was arbitrary, capricious and not supported by substantial evidence in the record (MATTER OF FUHST v. FOLEY, supra; MATFER OF CASSANO v. ZONING BOARD OF APPEALS, 263 AD2d 506, 693 NYS2d 621 (2d Dept., 1999)). Accordingly it is ORDERED AND ADJUDGED that petitioners CPLR Article 78 petition seeking a judgment annulling the respondent "BOARD's" determination dated October 3,2002 which required the removal of kitchen facilities and directing that the respondent "BOARD" issue a pre-existing certificate of occupancy for the petitioners cottage is granted. Respondents are directed to issue the certificate of occupancy for petitioners cottage within 20 days of service of a copy of this order and judgment. Dated: June 30,2003 J.S.C. FINAL DISPOSITION FRJNCIS J. YAKABOSKI (631) ?a ?-4100 FAX (631) ?~?-4130 email: £rancis_yakaboski @yahoo.c om August 27, 2007 Town of Southold Building Department PO Box 1179 Southold, New York 11971 Attn: Damon Rallis Gentlemen: Re: Polites/Ferro I'm writing regardiug the issue of the installation of heat in the "seasonal" residence situate on the 300 Jackson Street, New Suffolk site owned by Kevin Ferro and Lia Polites. As discussed earlier, while the term "seasonal" is used by the Town in connection with structures such as the one we are discussing, there is in fact no definition of "seasonal" in the Town Code. Thus, the attempt, if that might be the correct word, to limit the use of the non- conforming structure on the Jackson Street parcel to what might be called the summer months is improper. The seasons in Southold, as anywhere on the east end of Long Island, blend between Spring, Fall, Summer and Winter and certainly in the early spring which might be considered the early summer season heat is appropriate and often necessary. As defined by the courts the structure being reconstructed and renovated on the parcel is a non-conforming structure but a conforming use. Our point is, that as a conforming use, i.e., residence, heat is appropriate as might be air conditioning, as well as cooking facilities. Providing heat in the structure does not increase the degree of non-conformity but rather brings the structure more into conformity xvith its use, i.e., residence and in fact more in conformity with current construction codes. ]~RANCIS ~'. YAKABOSK! CONTINUED I believe that based o'n the above, a building permit should issue forthwith to permit Ms. Polities to go forward with the renovation and reconstruction of the residence. Thank you. ~ ?yours~> FRAN( I J. YAKABOSKI FJY:cs CONSENT TO INSPECTION ADELAIDE FENTON Owne~w} , the undersigned, do(es) hereby state: That the undersigned (is) O~re)-the owner(s) of the premises in the Town of Southol~ located at 300 Jackson Street, New Suffolk, New York which is shown and designated on the Suffolk County Tax Map as District 1000, Section 117 .,Block 10 ,Lot 2 That the undersigned (has) ~ filed, or cause to be fil~d, an application in the Southold Town Building Inspector's Office for the following: Certificate of Occupancy on Pre-existing Buildings That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem nocessa-~ with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge Md understanding that any information obtained in the conduct of such inspections may be used in subsequent prosecutions for violations of the laws, ordinances, rules or regulations of the Town of Southold. Dated: May 2, 2006 (Signature) Adelaide Fenton (Print Name) (Signature) (Print Name) TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspecto Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31580 Date: 05/25/06 T~{IE f~RTIFIES that the build/rig DWELLINGS Location of Property 300 JACKSON ST (HOUSE NO.) County Tax Map No. 473889 Section 117 Subdivision NEW SUFFOLK (STREET) (HAMLET) Block 0010 Lot 002 Filed Map No. __ Lot No. __ conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9~ 1957 purs,,mnt to wh/chC~RTIFICATE OF OCCUPANCY NUMBER Z- 31580 dated MAY 25, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SINGLE FAMILY DWELLING~ ACCESSORY SEASONAL DWELLING (CARRIAGE HOUSE)~ ACCESSORY PUMP HOUSE & ACCESSORY PLAY HOUSE.* The certificate is issued to ADELAIDE FENTON (OWNER) of the aforesaid building. ~UF~OLKCOUI~YDEPARTMENTOF~%LTHAPPROVAL ELE~£KICAL CERTIFICATE NO. PLIA~BF~S C~TIFICATION .D~'r~ *PLEASE SEE 'ATTACHED INSPECTION REPORT. N/A N/A N/A Rev. 1/81 300 JACKSON ST TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT NEW SUFFOLK MAP NO.: LOT (S) ADELAIDE FENTON SUFF. CO. T1Uf MAP NO.: 117.-10-2 SOURCE OF REQIII~ST: I~LRK & FOLTS~ ATTYS - 5/9/06 DA~'~: 05/25/06 DWELLING: (M~IN HCIJSE - SU. I1H ~_TILDING) FO~TIO~: BRICK & STONE FOUNDATION ACCESSORY STRUCTURES: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. DATE ON INSP~'TION: 05/24/06 D~Z~.G~ (CA.~(~;HOU~-NCI~IHI~rILDING) ACCESSORY STRUCTURES pLAYHOUSE VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. FOR3~ ~0. 4 TOWN OF $OUTHOI~ BU~.~IN~ DEPART~'~ Town C. Jerk% OF~ce $ou~hold, N. Y. Certificate Of Occupancy No. Z~668 Date Eov~be~' ;?-7~ 19. THIS CERTIFIES that the building located at ...J.~ctc~.Q~..A.v.~, ........... Street Map No...~[ ....... Block No ..... i~...Lot No.. ~C. N.~w.. $LL~.fQI~L ........... ~0nforms substantially to the Application for Building Permit heretofore fried in this office ,. dated ........ .','e~t,. 29~ ..., 19.7~. pursuant to which Building Fermit No.. da~ed ........ ~e.pt.. 29~ .... , 19.?~., was issued, and conforms to all o! the requLre- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one £am:Lly d~el±in~ v~th add~l;lon The certificate is i.~sued to ...... .J.c~l,. Fqn.t.o.l~ ............................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Depaz~nent o~ Heaith Approval .................................... LTNDEBVFRITERS CERTIFICAT~I No. N 1~868~ 300 Street J.,~cksgn HOUSE NUMBER ...................................................... New .Su~'£olk ...................... TOWN OF SOUTHOLD BUILDING DEPARTMEN'I' TOWN CLERK'5 OFFICE SOUTHOLD, 14. Y. r~,O,-*,~-;.D OF AP~ ~zALS BUILDING FERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 5533 Z Permission is hereby granted to: i at premises located at ""~r""~"~ ................. : ................................... pursuant to application dated ............................... k~ ...... ~1~'"'"' 19.~.., Building Inspector. g ·- Building I~spector J -' BUILDING ~.o 5533 Z This-notice must b~ displayed during constr~ctio. and returned to Budding ~ept. to get a ce~ficate BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N. Y. JTHOLD Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel, (631) 765-1809 Fax (631) 765-9064 February 8, 2008 ' USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6129 Action Requested: Within 500 feet of: Owner/Applicant: Polites and Ferro Expand and alter cottage, a non-conforming second dwelling ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. ' q(_) Gerard P. Goehringer ZBA Chairman / / DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE February25,2008 THOMAS ISLES, AICP, OARD OF APPEAt- 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) Polites and Ferro 6129 Graseck 6135 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 4TH FLOOR P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Lia Polites Date Prepared: January 10, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: there is nothing to be removed but the existing garage will be moved to the new location shown on the survey II. New Constructioa Areas (New Dwelling or New Additions/Extensions): ~ Dimensions offirstfloorextension:1564 sq.ft existing; addition 774 sq.ft - totals2,338 sq.ft. Dimensions of new second floor: 690 sq. ft. ~ ~- ~ Dimensions of floor above second level: n/a Height (from finished ground to top of ridge): 23 feet Is basement or lowest floor area being constructed? ffyes, please provide height (above ground) measured from natural existing grade to fu~t floor: yes 2.1 feet III. Proposed Construcglon Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One floor ~ bedrooms: 2 1/2 baths Number of Floors and Changes W[Itt Alterations: 2 floors; 1st Eloor - 2 b~drooms, 2 1/2 bathrooms; 2nd floor - 1 bedroom; i bathroom; 1 playroom IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1564 sq. ft. Proposed increase of building coverage: 774 sq. ft. total 2,338 Square footage of your lot: 68,557 Percentage of coverage of your lot by building area: 0.,0~4- ~', ~cTt9 /0~t V. Purpose of New Construction: renovate, alter and extend existing residential structure VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s]: land contours will not affect the ability to meet cooe requirements. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ( BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLI~ ls the subject premises listed on the real estate market for sale? [] Yes [~No ATION BOARD OF APPEALS Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? yes 3) Is the properV/bulkbeaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of thc Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: outside Trustee Jurisdiction and if issued, please attach copies of permit with conditions and approved map.see attachment B D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (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: see attachment C 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. no If yes, please label H. Please list present use or operations conducted at this parcel residential and proposed use r~sid~nt i 81 r'~ a~ Date --- 2/05;1~7 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 8, 2008 Zoning Appeal ]No. 6129 Transmitted herewith is Zoning Appeals No. 6129 Polites, Lia & Kevin Ferro- Additional information including a Cover letter from Francis J Yakaboski, Attorney and Survey from Jeffrey T. Butler. ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR OF VITAL STATISTICS MAHRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOEMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 17, 2008 Zoning Appeal No. 6129 Transmitted herewith is Zoning Appeals No. 6129 Polites, Lia & Kevin Ferro- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Attachment A, Attachment B, Attachment C, Applicant's Project Description, Notice of Disapproval, Certificate of Occupancy, Application for Building Permit, Questionnaire, Short Environmental Form, Property Record Card, Supreme Court - State of New York I.A.S. Part XIII Suffolk County Final Disposition, Transactional Disclosure Form, Authorization letter from Lia Polities to Francis J. Yakaboski to represent her in this matter, LWRP Consistency Assessment Form, 8 Photos of property, Cover Sheet, 2 pages of notes, Site Plan (Existing), Site Plan(Proposed), Plans (Existing), Elevations-Existing (2), Basement Plan-Proposed, First Floor Plan-Proposed, Second Floor plan-Proposed, Roof Plan-Proposed, Elevations-Proposed (2), Building Section- Proposed, Building Details-Proposed, Survey ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/8/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6129 I ADDITIONAL POLITES, Lia and 1497 $200.00 FERRO, Kevin FEE $200.00 By Z/J Thank you. Town Of Southold ~ P.OBox1179 Southold, NY 11971 Date: 02/08/08 * * * RECEIPT * * * Receipt#: 11320 Transaction(s): 1 Application Fees Reference Subtotal 6129 $200.00 Check#: 1497 Total Paid: $200.00 Name: Polites, Lia & Kevin Ferro 300 Jackson Street New Suffolk NY Clerk ID: CAROLH Internal ID: 6129 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/16/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6129 Lia Polites/Kevin Ferro 1490 $400.00 r~i ' : I ~ 200~ Soull~ol~ Tow~ Clerl, $400.00 By__ (H,~ Thank ou. Town Of Southold P,O Box 1179 Southold, NY 11971 Date: 01/16/08 * * * RECEIPT * * * Receipt#: 8401 Transaction(s): 1 Application Fees Reference Subtotal 6129 $400.00 Check#: 1490 Total Paid: $400.00 Name: Polites, Lia & Kevin Ferro 300 Jackson Street New Suffolk NY Clerk ID: CAROLH Internal ID: 6129 Lia Polities 990 5th Avenue New York, New York 10021 November 14, 2007 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, New York 11971 Re: Ferro/Polites ~ Gentlemen: I am the co-owner of premises situate at 300 Jackson Street, New Suffolk, New York beating Suffolk County Tax Map Number 1000-117-10-2. I have filed an application with the Building Department for a building permit to do renovation work on my pre-existing cottage situate on the premises. My application has been disapproved by notice of approval dated November 8, 2007. I am currently out of the country and I am writing to notify you that I authorize my attorney, Francis J. Yakaboski, of Riverhead, New York to complete and file any and all applications including supplementary documents which may be required by your Board in order to appeal the determination of the Building Department. Thank you. Very truly yours, Lia Polites APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the and employees. The purpose of this form is to provide informafiom which possible conflicts of interest and allow it to take whatever action is necessary tc irt of Town officers alert the Town of avoid same. BOAr, b ,,~,. F YOUR NAME: v=le=h,-,elci: ~'r=n,-4 ~ .7 r~n h~hal f nf r,-l~ Pnl i m~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: applicant seeks reversal of building department determination regarding nature of applicant's action. Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted. tlf, t~/~aY °.f d~ Print Na~ ~n~ .' Yakabos~ APPEALS BOARD MEMBERS~'~' Gerard R Goehringen Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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, AUGUST 21, 2008: 2:00 P.M. LIA POLITES and KEVIN EERRO #6129. Location of Property: 300 Jackson Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal requesting the following: 1) Reversal of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforming use of buildings ... may be continued indefinitely, except that such building or use (A) shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100-31A, which provision states: "In A-C, R80 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. One-family detached dwellings, not to exceed one dwelling on each lot"; 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-121A and/or 280-122, Nonconforming Buildings with Conforming Uses, which states: A. Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such Page 1 of 2 Page 2 - Legal Notice ZBA # 6129 -L. Polities & ano. Public Hearing for August 21, 2008 buildings; B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice of Disapproval under Section 280-121A and Section 100-31A, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelhng unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot.., nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. 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: July 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 Page 2 of 2 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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, APRIL 24~ 2008: 11:05 A.M. LIA POLITES and KEVlN FERRO ZBA #6129. Location of Property: 300 Jackson Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal requesting the following: 1) Reversal (under Section 280-122) of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforming use of buildinqs ... may be continued indefinitely, except that such buildinq or use (A) shall not be enlarqed, altered, extended, reconstructed or restored or placed on a different portion of the lot or pamel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citinR Section 100-31A, which provision states: "In A-C, RS0 Districts, no buildinq or premises shatl be used and no buildinq or part of a buildinq shall be erected or altered which is arranqed, intended or designed to be used, in whole or in part, for any uses except the followinq: A. Permitted uses. One-family detached dwellings, not to exceed one dwellinq on each lot"; 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-122, Nonconforming Buildinqs with Conforminq Uses, which states: A. Nothinq in this article shall be deemed to prevent the remodelinq, reconstruction or enlar.qement of a nonconforming building containinq a conforminfl use, provided that such action does not create any new nonconformance or increase the deqree of nonconformance with regard to the reflulations pertainin.q to such buildinqs; B. Reconstruction of a dama.qed buildinq. (1) A nonconformin~ buildinq containing a conforminq use which has been damaqed by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such buildinq is made substantially to conform to the heiqht and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaqed portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damaqe and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; ~-~.~ ~, Page 2 - Legal Notice ~ ZBA # 6129 - L. Polites and K. Ferro Hearing Date: April 24, 2008 3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice of Disapproval under Section 280-121A and Section 100-31A, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the Iot...nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. 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 3, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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 BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road 1~O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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~ MARCH 27, 2008: 11:50 A.M. LIA POLITES and KEVlN FERRO #6129. Location of Property: 300 Jackson Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal requesting the following: 1) Reversal of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforminR use of buildinqs ... may be continued indefinitely, except that such buildinq or use (A) shall not be enlarfled, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citinq Section 100-31A, which provision states: "In A-C, R80 Districts, no buildinq or premises shall be used and no buildinq or part of a buildinq shall be erected or altered which is arranqed, intended or desi.qned to be used, in whole or in part, for any uses except the followinq: A. Permitted uses. One-family detached dwellinqs, not to exceed one dwellinq on each lot"; 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-122, Nonconformioq Buildinqs with Conforminfl Uses, which states: A. Nothinq in this article shall be deemed to prevent the remodelin.q, reconstruction or enlarqement of a nonconforminq buildinfl containinq a conforminfl use, provided that such action does not create any new nonconformance or increase the deqree of nonconformance with reflard to the requlations pertaininq to such buildinqs; B. Reconstruction of a damaged building. (1) A nonconforminfl buildinq containinfl a conforminq use which has been damaqed by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such buildinq is made substantially to conform to the heiqht and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaRed portion of any buildinR damaRed or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damaqe and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated' 3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice of Page 1 of 2 Disapproval under Section 280-121A and Section 100-31A, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the Iot...nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. 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.n¥.us. Dated: March 4, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Page 2 of 2 ¢8950 STATE OF NEW YORK) ) SS: COUN,TY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 7th day of Au.qust, 2008. Sworn to before me this Principal Clerk dayof ~"~'~ 2008 v CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK, NO. 01-VO6105050 Qualified In Suffolk County My Commission Expires February 28, 2012 rea_ .nJ~.~ ~tback ~I~ than the code. S0uiho}d; C~7M 79-6~29. ' damage and shall.be a~Mi~g ~:~'l~ plato fo~ recom~aio~hi~h~ ~ch ments set foR[ a~v~. If}rich ~i g e approved pl~s has been ~i~}ed~ ¢ 2~, Notic~ 6~ Disa~pr6¢~ h~der S~ 28~-15,based on the Building l~p~6r ,s . June13,2008N0tice olD sapprovale6n, sory ~ottag¢ use ~ .ngnco..nf~r~ing~an$ ¢~'ning a proposed accesso~swimming const!tutes a~aecon{:d~yelling..unit' as such may not be enlgrge~f,~ alterS, pool structure itra yard other than the extend6di~r~Offatrti~e~t:~./~t~ed code-required rear yard or fron[ yard) placed on a different trion' at 2~0 Town Harbor Terrac~ ~X,,;~.x ~ . 1~o ~oflh~ lot... ........ ,,~ nor saint any exteraal.¢~id~ce. 6f s/ach CTM 66-1-33 [adjacent to I~ttie Peconic use be increased by any means whatso- Riequest for a V~nanee u naer Sechon C~ ' I5 I~ased on the B . tot's exceeding 20 ft. posed setback at less the property line, at 220 Southold; CTM 70-1-6.6. 1:05 p,m. EUGENIA L~cation of 1 Drive. :Lot #195 L 9:30 a.m, 2000 BI~xDWATERS LC~ 6186. R~t fo~.a Variance un- der S~ction 280-12~}b~ on the Bufld- hg'~ctsr';-~ i2,'~ No~e of Oisapprov~ ~nce~s: ~ ~mp~.~~ Disapproval concerning a prop6ged anaemtr~ent to plaw{or a new dw~Utl~g tiogan~set bacle atlesa than ~Ofeff, lrom at.,lesa ~han the code-required ~00 ;foot the;froot ya~i lot ha~ (swimmifigzpool minimum from the_ top of the bin~ or ann shad~; and (4)~tot covexagoin,~xeess ~ank of the Long Island Sound, at 549B5 of the c~; lir~itati6h 6f 20~ ~1~ eon- code_ luffed 35 feet ~ tke front 1 ~l~li (after d emolishil~g~,;th e.~x~ ~ N~rt~ R?a?, Greeuport; CTM 42k1.$. Gut~'l ~'~R~,II~9~,~..' "; ;' RRO ~61~9:"ts Amended Lochtion ~ i? ~;~g: _ of 'Property 300 Jackson Street. New ~,'~ ~ t ~uffolk; CTM 117-~0-~ 7he Applicants f6~ ~;uad d iPi~6~© ~novatiOns~lt~-ations, tot accessory coftnge building and in this con~ ~ APpoaY(as:amendhd) request the roi- the Buil~fing l~spoctor's l'~oti~e o(~}s N°vemberS, 2OOT;NoticeolDisapproval approval ar~: The bal~ti~g ~hall n6 be "which's~a~.*:th~t:the accesso~ co rage enlargeS, aite~ed,~(t~jided, ~eeonstrhct- use la n~meon~rmihg and co~litute~ edorreator~c~orreplaced6n'~cliff~nt · ~l second dTelling~udir' eft/rig :Sectioh portion rffthd lot ~ pamel df/and occu 2gg-121A,.which provision states: Such pied bysuchu~.e nor~hali*am, extam~ i~oneonfonn/ng us~ ofbufldin ma e'odenceofsiie//n~be/ne:~by:any borcon~ed inde?mitely, e}cgsel~.t th~Yt means whatsoever, and (2) One-f~mib, suen. buddlng or use (~).shall n6t:be en- d~tached dwellin~ trot i ,~ ~ J .in'd, altered ext~h~ted reco dwet/ing on each ot. Location of Prop- erty: 2950 Vanst~n Ro~d,'xC'utchngue; :Iionofthelotorpar¢¢ oflandoccupied CTM f11-5-7.2. ( ~1 by sU¢li usa'oh tile effeCdCe date o{ thi's ~hapt~r. hot shall any ~xtarnal evidence 9:50 a,m RYAI{/'~a~8 JENNIPER ~f such use 8e increased by any mehm eenlmg a;PmP~ed ne~d~q~g (afl'er demolishing the existing building). Thc ne~ dwe~g is pro~s~ at less th~ ~eet ~m ae e~s~g b~ead adih- ~ta~ ~039)~ ha~d ~ whatsoev~r,'and Notice of Disapproval citing Section 100.31A. which provision states:"In A-C, R80 Districts, no building or premises shall be used and no budd- ing or part Of a building shall be erected or altered which is arranged, intended or designed to b~ used. in whole or in part, for any USes except the following: A. Permitted uses. One,fami!y detached dwalli~.gs, not to exceed one dwelIMg on g)~I~retati?~to deal with thlspre- ~/ii~iih~ re~fiti~hii~il hse'ih a resid~ntia zonked, ~yin~. Cdde ~eeti6~ 280-121A an~VoCZg0-I22,'Nonconform ng Bu d~ ingi wifli~Conformin~ Uses, which states: A. Nothing,in this,atticleshall be deemed 'econstl'uc- a c~nfofming tction does not v nonconfOr~an~ or in- struction).. Location: 54005 Nor broad· So~lth~ld; CT/vi 52-140 and I (cOlnb ned as bne). 2:45 P-re. MICHAEL ANASAGASTi & OTHERS #6190~ Request for Varianc- es ,under S~edbns 2~0-15 atfd~.2~,80-i24, based on th~'Buflding lnspeet~'t's May 6. 2008 Notice of Disapproval concern- ing an "as-built" .deck addition to the d~velling which construction ~s less than 50 feet from th~ rear lot line and which has caused the ex~stmg accessory haild- mg to be in a yard other than the-code_ required rear yardi, at 345 Private Road. Southold; CTM 78-9-40. 3:00 p.m. Reserved for Cat.over: PINE NECK HOLDINGS ~6180. ance fo~dec~ addition ~o the dweliinKa[ less. than 75~feet from.the btilkhead, at 1475 Pine Neck Road, Southold: CTM 70-5-40. The Board of Appeals will hear all persons, or their representatives, desir- ing t~,be, hoard at each haa45n~cand/or desiring, to ,iubinit ~ritinh statements before'~he con~lustSn'o~'ea~h hearing. Each hearing will not start earlier than - designated above, ~iles are avallab e/Or re~qew de.til~ l~gula~ bfisiness hoUrS ~d prior to the day of the hearing Lf you. have questions, please do noi hesitate to contact our office at (631) 765-1809. or by e-mad: Linda. Kowalski@Town. Southold.ny. us. Dated:August 4,2008. ZONING BOARD OF APPEALS GERARD 1~ GOEHRINGER Y LINDA KOwALSKI 54375 Main Road (Office Location) 53095 Main Road ~Ma hag/~JSPS] nO. Box 1179 Southold, NY 11971-0959 8950-1T 8/7 CIA addition 0a; an new construction creates a new. nonL 50% rgp~L,~d Pr t and ~EGAL ~OTICE #8782 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 10th day of April, 2008. 1/ Sworn to before me this Principal Clerk day of ~/J~" 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STAIE OF NEW YORK No. 01-VO6105060 COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for 1__ week(s), successively, commencing on the 20t~ day of March, 2008: ,~/4.,~ ~ Principal Clerk Sworn to before me this setback nonconformance when located building ~ proposed at less than five (5) 2OO8 dwellines. ~ot to exceed one dwelllne on $0uthold, NY 11971 0959 "3) v Porch Garage Total TOWN OF SOUTHOLD PROPERTY RECORD CARD /ooo -~ ///. -/o-.~ )WNER ' STREET ~ VI~I-AGE , DI~. SUB. LOT ACR, ~ND IMP. TOTAL DATE R~RKS i]~ ,. AGE BUILDING CONDITION N~ NOeL BELOW ~OVE FA~ Acre Value Per Value ~ PI~ BULKH~D Total D~K 'OWNER FORMER OWNER STREET N VILLAGI~ W DISTRICT SUB. ACBEAGE TYPE OF BUILDING LOT RES. SEAS. VL, FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DAT£ REMARKS AGE BUILDING CONDITION NEW NOJ~AL Farm Acre Tillable 2 Woodland Swampland BELOW ABOVE Value Per Acre Value 8rushlancb~'" House Plot Total 3~NOO3d ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LIA POLITES AFFIDAVIT OF MAILINGS CTM Parcel # 1000-117-10-02 COUNTY OF SUFFOLK STATE OF NEW YORK I, Maeghan Celeste, residing at 626A Edwards Street, Westhampton Beach, New York, being duly sworn, depose and say that: On the 4th day of April, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with site plan in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this 4th day of April, 2008. Cheryl A. B~ Notary Public, Stae of Net'/Yol~ J Qualified in Suffo k COIII~ O0~ [ Commission Expires Mar. '~. ~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LIA POLITES AFFID/ OF MAi CTM Parcel # 1000-117-10-02 VIT -I~Ft~D OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK I, Maeghan Celeste, residing at 626A Edwards Street, Westhampton Beach, New York, being duly sworn, depose and say that: On the 9th day of April, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with site plan in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 9th day of April, 2008. Nota&tPubli~~- Cheryl A. Bliss Note~ Public, Stels of FlewYo~ NO. 01BL6056053 Qualified in Sutlolk County Cornmiasion Expires Mar, 12,.=1,~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. L. Patrick Higgins and Jennifer J. Higgins 2 Kenilworth Drive Short Hills, New Jersey 07078 Lot Number 117-10-3.3 Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane Huntington, New York 11743 L. Patrick Higgins 2 Kenilworth Drive Short Hills, New Jersey 07078 L. Patrick Higgins 2 Kenilworth Drive Short Hills, New Jersey 07078 Robert Lupton 1431 South Nucia Street Aurora, Colorado 80017 Lot Number i 17-10-1 Lot Number 117-10-3.3 Lot Number I 17-10-3.4 Lot Number 117-9-2 Certified Fee Return Receipt Fee Restricted · Complete Items 1, 2, and 3, Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiane, or on the front if space permIts. FI Addressee C. Date of Oellve~y D. Is dellve~ t frorn Item 17 r-lyes address below: FI No If yES, e~ter ~ addres~ I~t~ t-IN° 3. Se~l~e Type ~.,ertlfled Mall D F. xpmss Mail [] Insured Mall [] C.O.D. PS Form 3~1 '1, February 2004 Domesac Retum Hecemt · Comple[e items 1,2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the ~ to you. · Attach this card to the back of the maiipiece, or on the front if space permits. ~ ~Certlfied Mail [] Express M~q [ [] Insured Mall [] C.O.D. PS Form 3811, February 2004 Domestic Return Receipt 102r=e~¢~4~154o postmark ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of LIA POLITES AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-117-10-2 COUNTY OF SUFFOLK STATE OF NEW YORK I, Pam Hunt, residing at 110 Long Neck Boulevard, Riverhead, New York, being duly sworn, depose and say that: On the 1 lth day of April 2008, I personally placed the Town's official Poster, with the date of hearing and nature of Lia Polites' application noted thereon, securely upon Lia Polites' property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance, * and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be April 24, 2008. (Signature) Sworn to before me this ,)~r¢ day of April, 2008. v. Not~r¥-P~ic Choryl A. Bll~ Notary Public, Stet;* of NowYofk NO. 01BL6055053 Qualified in Suffolk County Commission Expires Mar, *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LIA POLITES AFFIDAVIT OF MAILINGS CTM Parcel # 1000-117-10-02 COUNTY OF SUFFOLK STATE OF NEW YORK I, Maeghan Celeste, residing at 626A Edwards Street, Westhampton Beach, New York, being duly sworn, depose and say that: On the 5th day of March, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with site plan in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (SYgnature) Sworn to before me this 5th day of March, 2008. cherY~ A. Bliss - NO ol 8L60560~ No~ry Public Gommission PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Th~ you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Lia Polites (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 117 10 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING 1, Pam Hunt residingat. 110 Long Neck Road Riverhead , New York, being duly sworn, depose and say that: On the 14th.day of March 2008, , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (1 O) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tlmt date of the subject hearing date, which hearing date was shown to be March 27, 2008. (Signature) ~rn to before me this day of ~\"% , 200~ (Noka y 'ubhc) .ot, ~o:, "'i*;~d. n Sutlotk County/) ~ O~ ;., ,,,~ ~ E -~ires ~ar, 12,~2~'~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the mverso so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Received by ( Pdnted N~e) D. ffYE$, ~ r-i Ir~t~cl Mall I10.O.D. 4. Reat~-~ed n~_.._ _~. iEx~a Fes) OYee 2. ~ Nu~ ~ Fo~ 3811, Febm~ 20~ ~,~ 7~,, ~ · · Complete'items 1, 2, and 3./Uso COmplete Item 4 ff Restrfcted Delivery Is desired. · Print your name and address on the reverse so that v,~ can return the card to you. · Attach thls card to the back of the mailpiece, or on the front if space permits. 2. Artfcle Nt PS Form 38. 117 i'lyes If YES, ena~ delJvmy addr~s below: [] No ~ ~ Mall [] F-.xpre~ Meit __ [] Inaamd Mall [] C.O.D. hhtl U'lql'hllh,qHIl,,,h qhl; h,hl'd', h ~5 ~J Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane Huntington, New York 11743 Jonathan C. Dill Melody B. Dill David M. Dill 410 Jackson Street New Suffolk, New York 11956 Jonathan C. Dill 9936 North Lamplighter Lane Mequon, Wisconsin 53092 Robert Lutton 1431 South Nucia Street Aurora, Colorado 80017 Lot Number 11%10-1 Lot Number 117-10-3.3 Lot Number 117-10-3.4 Lot Number 117-9-2 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of LIA POLITES AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-117-10-2 COUNTY OF SUFFOLK STATE OF NEW YORK I, Pam Hunt, residing at 110 Long Neck Boulevard, Riverhead, New York, being duly sworn, depose and say that: On the/t/ day of August 2008, I personally placed the Town's official Poster, with the date of hearing and nature of Lia Polites' application noted thereon, securely upon Lia Polites' property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance, * and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was/j~own to b~August 21, 2008. /I I (Sign/tt~re) - Swoorn to before me this day of August, 2008. '~ -)( ~/,~. < ).~ (...~ .~ ,/~ MARGARET McVEY Notary Public, State of New York Not~y Public No. 01Mc4788405 Suffolk Coun~3~ Commission Exp res Dec. 31, 20..~.~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Also co~nplete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ' .- [] Agent [] Addressee C. Date of Delivery b~low: [] No [] Return Receipt fo~ Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, February 2004 Domestic Ratum Rec~pt · Complete items 1, 2, and 3. Also cohlplete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisce, o~ on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee DYes [] No [] Return Receipt for M~i~e t-I C.O.D. 4. Ra~tcted Delivay? (Extra £~e) [] Yes 2. Article Number PS F~ 3811, Febm~ 20~ ~ R~m ~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your neme and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Received by ( Printed Name) C. Date of De~ address dilfet~nt from item 1 ? [] Yes If YES, enter delive~J address below: [] No FRAI~cIS J. YAKABOSKI ATTOI~NEyAI~D COUI~IELOR AT LAW August 1, 2008 Via Cert fed Mm Return Receipt Requested Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane lquntington. New York I 1743 Robert Lupron 1431 South Nucia Street A ' urora, (olorado 80017 L. P:~trick Higgins 2 Kenihvorth Drive Short Hills. New Jersey 07078 L. Patrick Higgins and Jennifer J. Higgins 2 Kenilworth Drive Short Hills. New Jersey 07078 Re: Polites Zoning Board of Appeals Hearing (;entlepersons: I am enclosiug herev, ilh with respect to the I:'olites application, the nolice of public hearing shox~ing that the continued hearing on the Poliles matter xx ill be hckl on the 21'~ da~ of August. 2008 at the S ' . outhold Toxvn Hall. Town Annex.'l:h.st Hoot. N,rth Fork Bank. 54375 Main Road (at Youngs Avenue). Soulhold. New York 11971. In addition since Ms. I'olitcs has dctcrmiued to submit an alternate pkm fi~r cunsidcrafion b3 Ibc Boa 'd of 'Xppcals. I enclose a new set of proposed site plans shoxx Jng thal it is m) clicnl's hltcntJon to Illoxc thc JlOlllQ to thc x~cst b) approxJlllilJeJ) 7-8 J~'c[ ill ol'dcr Jo crc'ate il conlbrming 2i) lbol side )ard alld to J~lrtJler I'ClllOXc Ilk, proposed sCCOlld sh)r) LkldJlJOll. CONTINUED l:urther. I cz~close a single sheet shmsing thc elevation that ~ill hc Ihcing tm~ard tl~c propert) mm o~sned b) Mr. alld Mrs, l liggins. lhank 5 till. Vcr) trul) )ours, l~]lclostlrcs ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LIA POLITES AFFIDAVIT OF MAILINGS CTM Parcel # 1000-117-10-02 COUNTY OF SUFFOLK STATE OF NEW YORK I, Maeghan Celeste, residing at 626A Edwards Street, Westhampton Beach, New York, being duly sworn, depose and say that: On the 1st day of August, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice xvith site plan in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ~Signat~re) Sworn to befbre me this 1st day of August, 2008. ~No~ary IPu~'blic NO. 01BL6056053 uaUlled In Sutlotk County O .... ires Mar. 12~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. (?2 Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane Huntington, New York 11743 Lot Number 117-10-1 L. Patrick Higgins and Jennifer J. Higgins 2 Kenilworth Drive Short Hills, New Jersey 07078 Lot Number 117-10-3.3 L. Patrick Higgins 2 Kenilworth Drive Short Hills, New Jersey 07078 Lot Number 117-10-3.4 Robert Lupton 1431 South Nucia Street Aurora, Colorado 80017 Lot Number 117-9-2 FRANCIS J. YAKABOSKI email: fr&ncis_yakaboski ~yahoo eom August 1,2008 Via Certified Mail Return Receipt Requested Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane Huntington, New York 11743 Robert Lupton 1431 South Nucia Street Aurora, Colorado 80017 L. Patrick I liggins 2 Kenihvorth Drive Short Hills. New Jersey 07078 1,. Patrick tliggins and Jennifer J. Higgins 2 Kenilworth Drive Short Hills, New Jersey' 07078 Re: Polites Zoning Bot, rd of Appeals ttearing (;entlcpcrsons: I am enclosing hcrcu, ith xxith respect to the Polites application, the not/cc of public hearing showing that thc continacd hearing on thc Politcs matter xxill be held on thc 214 da) of Augast. 2008 at thc Southold 'l'ox~n I lall. ]'oxM1 AnllCX First Floor, North Fork Bank. 54375 Main Road (at Yotl~lgs AVe~ltle). Southold. New York 11971. In ~ddilion since Ms. PoJitcs has determined 1o sub~llit all alternate plan Ibr ctmsitJcratioll bx BoLlrd of.kppcals. I enclose a IlCX~ set of proposed site plans shoxxing thai il is itlx cl[Cllt's illtClllioll lo illOXC thc home to lJlc west b) apl~roxinlalcl) 7-8 l~'ct CtqlJ[)rlllillg 20 lbot side 3 ard illld to I'tl['lhcr ['clnox c Ibc proposed ~ccond MOl') LlddilJOll. FRANCI~ J. YAKABOSKI t¥opcrb n~ ox~ncd b~ ~Jl'. LIllLI ~JI'S. lh~mk \'crx lruJ) )ours, I'.llclostu'cs NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM L. POLITES & K. FERRO #6129 MAP # 117-10-2 VARIANCE Non-conforming Cottage Use REQUEST Additions/Alts. Accessory Cottage DATE: THURS. MARCH 27,- 11:50 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM L. POLITES & K. FERRO #6129 MAP # 117-10-2 VARIANCE Non-conforming Cottage Use REQUEST Adds/Alts. Accessory Cottage DATE: THURS. AUG 2 2008 2:00 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~.~ File View Toolbar Help ~ 473889 Southold Active R/S:1 School: New Suffolk Sch Dill. Jonathan C RollYear: ~ Prlor Year Res vac land ,/~t~ft LendAV: 5.000 484 Jackson St Land Size: 1.14 acres Tote AV: 5.000 Owner Tmal: 1 , Taxable Value Mixcellaneoux Name: Jonathan C Bill I County: 5.000 Book: 12531 Addl Addr: Muni: 5.000 Page: 177 Street: 9936 N Lamplighter Ln School: 5.000 Mo~g: PO Box: Bank: City: Mequon. IN'I Zip: 53092- Schl after Star: 5.000 Acc[ No: 23 Sale Total: I Site I o[ 1 Land 0 el 0 Book Page SeleDate SalePlice Owner Prpcls: Res vac land 12531 177 11/02/07 2.750.000 H cminso L Pair Nbhd Cd: 0 ~'atel: Utilities: Exemption To,al: 0 Term Own Building Total: 0 ' Code Amount Year Pd Special Oixtfict To a 4 Value / ,*. Improvement Total: 0 Code Units Pct Type MoveTax -- Type Name Dm1 Dm2 SQFTY~Buit FO029 Cutchogue F£ .00 .00 .00-- PK090 Cutch-New S~ .00 ~00 00 ~. Double click to open a window I4-3-0B 14:35:23 r JLI~IIJi~E~ 473889 Seuthold Active R/S:1 School: Nam Suffolk Sch Dill. Jonathan C RollYear: ~ £urr Yr I Famil~ Res LandAV: 1.200 410 Jackson St Land Size: 1.20 acres To a AV 12.700 Owner Total: 3 .' faKable Value Miacellaneous Name: Jonathan C Dill i County: 12.700 Book 12339 AddlAddr: -- Muni: 12.700 Page: 868 Street: 410 Jackson St School: 12.700 blortg: PO Box: Village: 0 Bank: City: New Suffolk. NY Zip: 1195G- . Sohlafter~er: 12.700 AcctNo: 23 Sale Total: 3 Site 1 of 1 Land 0 o! 0 Book Page Sale Date Sale Price Owner Prpcls: I Famil.9 Rex 2339 8G8 07/2B104 400.000 Dill. Jonathan C Nbhd Cd: 0 12077 724 lO/OG/O0 133.500 Dill. James G Jf Sewer: 12054 788 07/11 lO0 I Dill. O avid Water: U tilities: Exemption Tota]: 0 Term Own Building Total: 0 Code Amount Year Pct Special District Total: 4 Value / ,~ Impfovemenl Total: 0 Code Unite Pot Type MoveTax -- type Name Dim1 Dim2 SOFT YrBuilt FD029 Cutchogue FI' .00 .00 .00-- PK090 Cutch-New St .00 .00 .00 ,~ Double click, to open-a wir~dow 1~-3-08 14:38:26 File View Toolber Help ~ 47773889 $outhold Active R/S:1 School: New SufiColk Sch Higgins. L Patrick RollYear: j20'08 Curr Yr Fles vac land/%V'trft Land AV: 5.000 484 Jackson St Land S ze 1.14 acres TotalAV: 5,000 Owner Total: I Taxable Value Miscellaneous Name: L Patdck Higgln~: : County: 5.000 Book: 12531 Addl Addr: Muni: 5.000 Page: 17'? Street: 2 Kenilworth Dr ; School: 5.000 Mortg: P0 Box: Village: 0 Bank: City: Short Hills. NY Zip: 070778- ScM after Star: 5.000 Acct No: 23 Sale Total: I Site I el 1 Land 0 of 0 Book Page SaleDete Sale Price Owner Prpcls: Rea vac land 12531 177' 11/02t077 2.750,000 Hiqqin:~, L Patrir Nbhd Cd: 0 Sewer: Water: Utilities: Exemption Total: 0 Term Own Building Total: 0 Code Amount Yea Pct Special District Total: 4 Value/ ~, Improvemenl Total: 0 Code Units Pet Type MoveTax ~ Type Name Dim1 Dim2 SQFT Y Built FD029 Cutchogue FI' .0O ~00 .00-- PKO90 Cutch*New St .BO .00 .00 _.. law § 100-240 ZONING § lO0-al ARTICLE XXIV ~ Nonconforming Uses and Buildings [Added 1-10-89 by L.L. No. 1-1989] § 100-240. Purpose. The purpose of this Article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses. § 100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different pOrtion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more-restrictive nature. D. Shall not be changed back to a less-restrictive use if changed to a more-restrictive nonconforming use. E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of fifty percent (50%) of its fair value. 10142.1 5 - 25 - 89 § 100-241 ZONING § 100~242 G. Whenever a nonconformin has been discontinued fo~ use of a buildin~ or years or has been a permd of more than two Changed to a higher classification or to a confoFm/ng Use notwithstanding,' '~ ming m this. Article to the contrary or premises shall no longer be Perm/tted Unless a var/ance the nonconforming Use of such building O£Appeal~ere£or shall have been granted by the Board 100-242. '~'~A Nonconforming buildings with eOnformlng Uses. · Nothing in this art/cie shall remodeling, reco be deemed to prevent the nstruction or enlargement of a nonconforming building COntaining a conforming use, prov/ded that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the pertain/ng to such buildings, regulations B. Reconstruction ora damaged building. (1) A nonconforming building Use which has been damageZ°ntaluing a conforming to the extent of more by fire or other causes than 50% of/ts fair value shall not be repaired or rebuilt tmiess such building is made substantially to conform to the height and Yard requtirements of the Bulk Schedule. 6 (2) Application for a permit to build or restore the damaged POrt/on of an · - destroyed as set fo,~ - ~Y, bmldmg dam ,~n be filed within One year of the date ~ '-'~/aOove shall and shall be ac- of such damage · ~Ompanied ~ump~y with t~ . ~ ~u SUch port/on, shiallf ~e reqmrements set forth above. such permit is issued, it shall lapse one year § 100-242 SOUTHOLD CODE § 100-243 thereafter unless reconstruction in accordance with the approved plans has been initiated. · § 100-243. Nonconforming buildings with nonconforming ~' uses. [Amended 10-19-1999 by L.L. No. 16-1999] A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and sep.arate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot Cover. age. In addition, all other setback and area reqmrements shall apply. (b) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the ex/sting buildings or structures or by the construction of a new and separate building or 10144 100-243 ZONING § 100-244 structure does not result in an increase in the Overall building footpr/nt(s) of more than 30%, except that sa/d increase shall not exceed the applicable maximum lot COVerage, and all other setback and area requirements shall apply, provided that the following site remediation measures, /n full or in part, as shall be determ/ned by the Planning Board within /ts Sole discretion, are included as an essential element of the aforesa/d expansion: [1] Substantial enhancement of the OVerall site landscaping and/or natural Vegetation. [21 Employment of best visual practices by upgrades to · · and/or desig~ e, yaStmg building faca' o~ new buildin,~ ..... ues additions to existing ~ ,,uu~or the buildings which accurately or more accurately depict the hiSt?r/c an.d/or existing rural character of B. the immediate and nearby neighborhood(s). A nonconforming build/n- - . Use whi ~ COntaining a . the ch has been damaged b,, a~_ nonconforming extent of mOre than 50% J -,*~ or other Causes to of its fa/r Value shall not be repa/red or rebuilt unless the Use changed to a conforming Use. of such building is § 100-244. NOnconforming lots. [Amended 11-28-1995 by A. This section is intended to provide minimum standards for granting of a building perm/t for the principal buildings of lots which are recognized by the § 100-24, are nonconforming town Under pursuant to§ 100-25. and have not merged B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the following: 10144.1 BOAi-~D OF APPEALS NIO/F KIMOGENOR POINT CO. 1000-117-10-02 OCTOBER 3, 2006 (TOPOGRAPHIC SURVEY) : " .............. ' ......."~---~.-..--.Overhead wires to be buried new driveway Relocated %`'%`% Garage .,~. align ? sty. ~ (' '~ new sanitary system new driveway ,-"-')' per SCDHS standards . . ......... ~ , ~ ~. ~ reloc~e~ ~ ........ "--- ............... ~ ...... ' .............. J ~ playhouse .-.... ~ ~ ~ b ~ Remove pond/ ................ , .................. -.--.._ // / / 657.40, Site Plan - Proposed Scale: 1" = 30 ft N/O/F JONATHAN CALDWELL DILL & MELODy DILL 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor1 N.Y., tel 631 725-1264, cell 917 742-7825, ~ 300 Jackson Street. New Suffolk, NY JUN 1 6 200~ BOARD OF APPEALS Area Calculations May 8, 2008 Site Plan ~-~ [ A 04 Proposed I ,~,~; ~ CALCULATION OF GROSS FLOOR AREAS EXISTING FIRST FLOOR - 1564 SF 13'-7" 26'-4" 13'-6" LIVING ROOM ENTRY PORCH MECH BEDROOM ~ HALL BEDROOM BEDROOM 1 8'-1" 1st Floor Existing Scale: 1/8" -- 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~]bordd~Je, us GARAGE 22'-1" I~lt~e~mCettalle ~l~.or Plan 300 Jackson Street.]~x?,E""~'tin9 New Suffolk, NY ,lUll 1 6 20O8 BOARD OF APPEALc' Area Calculations May 8, 2008 Living / Dining Kitchen panl~y-reftig Bedroom Entry_ Hell Bedroom Bedroom 19'-1" 1st Floor Proposed Scale: 1/8"= t'-0" JU~ 1 6 2OO8 BOARD OF APPEALc' 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541~102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~_ berddoe.us 300 Jackson Street. New Suffolk, NY Area Calculations May 8, 2008 1St Floor Plan ~ ~, 09 ] Proposed CALCULATION OF GROSS FLOOR AREAS EXISTING FIRST FLOOR - 50% FIRST FLOOR - 1564 SF 782 SF 20'-0" Accessary Setback PROPOSED FIRST FLOOR ADDITION 780 SF TOTAL PROPOSED FIRST FLOOR 2344~E ~New Roof Relative location of relocated Garage Existing Roof Roof Plan and Areas Scale: 1/8"= 1'-0" 150 West 55th Sb'eet, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dbe~benidoe.us_ 300 Jackson Street. New Suffolk, NY JUN 1 6 20O$ BOARD OF APPEALS_ Area Calculations May 8, 2008 Roof Plan ~ A 10 L Proposed N?O/F KIMOG£NoR POINT CO. 1000-117-10-02 OCTOBER 3, 2006 (TOPO6RAPHIC SURVEY) ~~ ........ 642.78, .......... ~ ...... ..~. ~ ~ Overhead wires to be buried new deck ew driveway ~ align 18' dew porch ~ new sanitary system -^-" per SCDHS standards ................................ := % , Relocated playhouse new 2nd FI 657.40' N/O/F JONATHAN CALDWELL DILL & MELODy DILL ,~'~ Site Plan - Proposed Scale: 1" = 30 ft Relocated Garage BOARD OF APPEALS ZBA Submission: February 6, 2008 Permit Re-submission: October23, 2007 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742~7825, dba@beEridg~us 300 Jackson Street. New Suffolk, NY Site Plan Proposed IA041 Relocated chimney New "Marvin" double hung 2/2 windows throughout Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. New mol structure with new asphalt shingles. West Elevation -Proposed Scale: 1/8" = 1'-0" Relocated chimney jr-- New "Marvin" french wood doors throughout Existing structure to be lifted off grade by 1'0" New basement constructed at existing footprint. 11'~, South Elevation - Proposed Scale: 1/8" = 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba _~berridge.us New roof structure with new asphalt shingles Existing roof structure with __ new asphalt shingles New "Marvin" double hung 2/2 windows throughout BOA,qD OF APPEALS Existing Finished Floor elevation to be raised by 1 '0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. i=ol~-emo Cottage 300 Jackson Street. New Suffolk, NY Elevations Proposed Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. New "Marvin" double hung 2/2 windows throughout Existing roof structure with __ new asphalt shingles New "Mawin" double hung 2Dwindows ~mughout Relocated chimney 150 West 55th Street, 2C,NewYork, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~_ berddge.us 300 Jackson Street. New Suffolk, NY New roof structure with new asphalt shingles. Existing Finished Floor elevation to be raised by 1 '0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. Elevations Proposed I Existing roof truss to remain Existing roof structure with new asphalt shingles Existing eave detail to remain, new work to match New "Marvin" double hung 2/2 windows throughout New "Marvin" french wood doors throughout Existing structure to be lifted off grade by 1'0" New basement constructed at existing footprint New eave to match existing New roof structure with new asphalt shingles. New siding to match Building Section Scale: 1/8" = 1'-0" BOARD OF APPEALS 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~,berridqe.us Pollte~/Ferro Cottage Section !__AOX14 300 Jackson Street. Building _ New Suffolk, NY ACCEPTABLE RAFTER OR TRUSS 1/4" X 20 Ga. Steel Strap Every Rafter (8) 8d Nails Each End Or @ Every Rafter Pair May Be Substituted For Ridge Connectors - Use (8) 10d Nails Each End New asphalt shingle roof. Typ. New painted wood soft to match existingt. Typ. H10-2 TYPICAL ROOF / CEILING FRAMING Simpson Strong-Tie Rafter to Top Plate @ 16" OC continuous vent. New wood siding. Typ, H2.5 (2) ACCEPTABLE TOP PLATE Simpson Strong-Tie Top Plate to Stud LSTA1 ACCEPTABLE Simpson Strong-'~e Studto Band Joist BP TYPICAL BASEMENT/CRAW L SPACE FOUNDATION -...5/~" Dia. Anchor Bolts @ 36"Oc (12" From Corners) Provide 3x3" Base Plate 2 Ea. Anchor 2X 6 Stud @ 16" O.c. I/2" Cdx Exterior Sheathing 2 X 6 Sill Cedar Vertical Siding Over 15# Felt Building Paper 2 X 12 Box Flashing 5~8" Dia. X 10" Anchor Bolt {~ 36" O.c. > ~" C.i.p. Con~'ete Foundation Wall 8" X 16" C.i.p. -- ;oncrete Footing Strapping Details N.T.S. Back Fill '~_ Typ. Wall Section Scale: 3/4" = 1'-0" Polltea/Ferm Cottage 300 Jackson Street. New Suffolk, NY 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~_~berddge.us Batt Insulation As Req'd 5/8" Gypsum Board Base As Required 1/2" Plywood Subflcor -- Hardwood Floor 2 X r Joist ~ 16" O,c. -- Bart Fiberglass Sill Seal Compressible Filler 4" Concrete Slab 4 Mil. Vapor Barrier 6X6WWM 2- ~. Rebar r~x~:l~o il ~ Alteration and addition to the DRAWING LIST A0 A 01 A O2 A O3 A O4 A O5 A O6 A O7 A O8 A O9 Al0 All A12 A13 A14 A15 Cover Sheet Notes Notes Site Plan - Existing Site Plan -Proposed Plans- Existing Elevations- Existing Elevations - Existing Basement Plan -Proposed First Floor Plan -Proposed Second Floor Plan -Proposed Roof Plan -Proposed Elevations -Proposed Elevations -Proposed Building Section -Proposed Building Details-Proposed 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us 300 Jackson Street. New Suffolk, NY BOARD OF' APPEALS ZBA Submission: Permit Re-submission: 300 Jackson Street. New Suffolk, NY February 6, 2008 October 23, 2007 Zz ZN~ll~I~'*IZON~ TO M:DI~R~ Bid ~i~ t~ s~l ~f]~ t~ incl~n S~f~. A~I~ omifl~ t~-f~ which is ~--~_~ for the ~leti~ of t~ w~ or its ~an~ shall ~ ~i~ a ~ion ~ the w~k alt~ ~ di~ ~fi~ ~ s~n in t~ Pla~ ~ ~ifi~io~. Zn ~ ~ ~ a ~ific M~a~ is ~ntio~ In t~ PI~ ~ S~fi~io~ the Bidd~ ~dl ~e ~ Bid ac~i~¥ Zf the ~dder el~s to ~l~e a ~ p~uct for ~n the Bidd~ dlff~i~ of ~e ~i~e f~ ~pm~l. ~e ~ will ~ ~i~ to ~e a wHff~ ~at~ ~ t~ ~. ~ C~ ~1 i~i~= the ~pl~i~ ~e for this p~]~ ~ will ~ ~ible f~ ~lfilli~ the t~ of t~ Cont~ ~ t~t d~e. ~e ~r ~1 u~Mit~ ~ dl w~ip ~ ~ian for a ~i~ ~ o~ (~) y~ f~m t~ d~e ~ is~ ~ ~e ~ifi~e of Oc~. ~ ~1 ~ a ~ (2) ~ ~t~ on ~1 ~, ~tJl~ian, air ~itiani~, pl~i~, ~ d~l ~ incl~i~ w~hip, ~ipmeat, o~ mt~s. ~ s~l d~ ~ a eix (6) ~ ~ on '~al ~f~s'. ~e ~or s~l ~p~ the ~ wi~ ~1 the ~nt~ ~t~ ~ u~n ~l~on ~ t~ ~ a~ ~1 ~la~ a~ def~i~ ~ ~h~ o~ ~e ~ the ~n~ a~ ~ f~ all d~ to ~ ~s ~ the ~ildi~ ~ ~ t~ r~ir. ~e C~t~or sh~l ~pia~ d~i~ w~ wi~ln al~ (~) d~ ~ ~ ~tifJ~ of the def~. ~e Cont~ ~1 ~ W~'s Com~tion ~n ~ith t~ ~. ~ ContoUr ~ ~ his P~i~ ~ the ~ Umits ~ t~ Pollal~ with ~e ~ a~ if ~ m~i~ ~o~ Palici~ to ~1~ ~e ~. ~e ~ s~l ~ be li~e or ~ible f~ ~ ac~d~t, i~, Io~, ~ d~ ~ ~ ~ dmi~ the t~m of tbe ~o~n~ of the wo~ ~in ~f~ to, ~ in ~tian t~i~ ~ ~, ~/~ p~. ~e Cont~or ~dl ful~ Z~mnl~ a~ ~te~ the ~ ~ his ~nts, incl~i~ the Ae~it~, his ~s, a~ E~m, oriei~ ~e ~ ~1 ~de thor own P~ Tho Co~tractor shall include and provide for all labor, materials, equipment, transportation, tin,as, etc. necessary or reasonably inddental to the propo~ completion of the eatire project unless specifically noted as being the responsibility of Others. Materials, equipment, and workmanship shall be ne~ and of the best of their ~apeative kind unless otherwise noted. The Cont ~astor will be solely ~ponsible to execute all work in such a monner as to protect the safety of the workers and the pabllc. Any damage oP diseuption to preexisting su~facea, are~, and/or structures resulting from construction shall be repaired to original condition by Cont~aator. The ~ont~antor shall be responsible for all work i~ludJng that of his Sub- Controntors. All dimensions and grade conditions to be verified by the Contractor prior to commencement of the work and ordering of materials. The Contractor shall at all tim~s keap the pr~mises reasunably clean and free from accumulation of wnste matoriale and rubbish. At the completion of the week the Contractor must remove all waste materials, rubbish, Jmpiaments, and suFplns n~to/fials, leaving the site and the building olean. Exp~ed and aase~ible surfaces to be wiped clean, floors to be finished ns sdecJ fled and all glass and mirrors to be cleaned and polished. All hordwore. mechonimns, end systems, shall be correctly a~justed to provide for propse operation with all app~printe Operation and Maintenance manuals pcovided for Owne~. The Contrecto~ shall eacure and pay for all Permits, required inspections, borings, testing, utility connection fees, related fees or changes, final survey ( as built ), and the (~,e~tificate of Occupancy. Whera applicable onit price, stipulated sum, or other form of pr'icing m~/be tendered by the Contractor in onder to complete a Bid and sl~ll be clea~ly identified. The ArchJtent is available to the Owner and Contr~atoe for consultation rogording the intent of these Plans and Specifications and any deviation from them shall be reported to the Architect for consideration, in writing, prior to commencement of the work. Final decisions to accept nan-conforming work or changes with respect to these Plans and ~pscifications shall be the ~asponsibility of the Owner. Do not scale drawings. Dimensions govern over scale. UnouthoHzed alteration to these Plans and $pseifications may be unlawful and may invalidate them, verify with the Engineer. These Ptons and ~ecifications are an Znstr~ment of Service and are the proporty of the Architect. All construction, matorials, and equipment shall conform to all State, County. and local zoning and building codns including any relevant Environmental ~ngulations. NOTE: THE ZNTERNATZOt4AL BUZLDZ%I~ CODE AS ZNTE~TED BY THE TOWN OF $OUTHHOLD WZLL I~ ZN EFFECT. The Contractor shall execute all work in strict acco~ciance to the specifications and recommendations of all relevant P, egulatory Agencies including but not limited TO: ACZ, AZ~, ANSZ, ArA, ASHRAE, ASTM, DEC3~, FEMA, NFPA, NFOrPA, and Underwriters Laboratories. ~oil bearing is assumed to be Z tons per square foot, at footing depth shown. These footing depths are minimum ~,qui~ements only. Actual cooditions to be verified prior to placement of forms. When the soil bearing value indicated above has not been ~eacbed at the depth indicated on tl~ drawings, the contr~ctor shall notify the owner and make arrangements to excavate to the depth ~equi~ed for proper soil bea~ing. Water loyal assumed below lowest construction. Verify at site. All dimensions and grade conditions to be verified by contractor prior to start of construction and ordering of materials. All stumps and debris to be trucked away from site. No wood chips to be used in/or nea~ foundation as beck All footings shall bear on undisturbed soil at a minimum of 36' below gred~ Pr~ide concrete having a compressive stromjth of 3000 psi in 28 days. ~ne mix shall contain ns less than § D'2 bags of cement per cubic ya~, course aggregate with 90% ranging from L/E" to 3/4' and dean sand. Zf available, peovide curt-ant NYSDOT appcoved mix. An air entraining agent shall be used. Concrate dnlivered at the chute shall have a slump of no greator than §". Conceete shall be furniched, placed, finished and cured in conformance with ACZ 318-95. Masonry materials and construction shall be in accoedonco with ASA specifications A4I.I. Type M mortar shall be used conforming with ASA ~70. Mortar shall have amieirnum compressive strength of 2~00 poi, using 3 2inch cubes cured 28 dnys. Furnish and install grade 40 deformed bar reinforcement conforming to ASTM A615 of the sizes shown. All fl~ming lumber shall be grade stamped Douglas fir-Larch atroatm~l grade No.2 or ~. D~S ~R- ~ - ~ = 875 P~.Z. - E= ~,6~,~ P.S.Z. Ail sh~i~ TO ~ ~A ~ ~ 1, 5/8" min. thi~ ~ ~f; ~2' ~ ~lle. All ~fl~i~ TO ~ APA ~ stub-i-flor, ~ ~, 3/4" ~ thi~. All ~ ~ p~ to ~ ~t on mild ~. Glue a~ s~ dl ~s. All ~ 6'~' ~ o~ shall be ~ with d~le ~H~s, ~" a~ ~ wi~ triple ~ri~to. All ~ s~l ~ a mial~ of 2-2 x 8 or ~ s~n on d~i~. ~lid blo~i~ shall ~ ~d~ f~ all Jei~s a~ flor ~ ~ ~ N.Y.S. ~e or ~ ~t~ ~ 8'~' o.~ min., pr~de 2" s~ f~ dr d~l~ian in ~f. ~ble f~i~ ~ dl o~s (s~lights. std~ etc.) ~ ~ ~ on d~i~. All flu~ ~ ~n~t~ns shall ~ f~t~ with ~ ~l~z~ ~tM mn~t~ ~'T~' ~ ~ ~1. ~li~ s~ule ~dl ~ ~ ~ N.Y.S. ~i~i~ C~e ~ a min. All 2 x 6 ~ s~l ~d~ ~IOD ~ at ~11 ~ p~e. All ~i~ ~ils ~dl be ~ dip~ ~iz~. FOR NAZ~ ~ED~ SEE A~ All ~ I~ s~l ~ ~ia P~fia ~Z ~ ~ ~ "~ ~"a~ L~ p~ts or ~l. All ~i~s, ~. a~ ~ ~ ~ 1 3/4' rim Jol~ ~dl ~ ~i~ at fl~ ~. H~li~, ~o~, ~ ~ct~n ~ ~s ~dl ~ ~ ~ ~fa~ ~. All ~Hiple L~ ~unts TO ~ 2 ~s of ~2" di~t~ ~ di~ ~l~al~ ~i~ ~ts · ~2" s.c. AdZe blocki~ to ~ ~ ~ ~t~ ~i~ts, ~, sh~, ~ilt-i~, ~, ~im, a~ ~mile ~ili~ f~ ~x~. All w~ fl~ri~ ~ ~t~ in finl~ s~ale w/2 c~ts ~, ~ ~ ~ ~in. ~s a~ Jnt~or thru ~ ~t~ in fi~ch s~le. ~ono ~ or similar insulation at all partitions. Exterior Windows & Doors to be determined. See attached schedule. All interior doors to be dete~tnined. See attached schedule. Provide §/8" Type 'X' Sheetrock around heating plant as required by building/fire code. All bathroom tile ns noted in finish schedule. All wails and ceilings to have one coat primer and two coats latex, verify color w/orchitects. Semi~lnss point to be in all buthroom walls ond co/lings. painted 3/4" shelving and ~ to be installed in all closets. Provide allowances for all kitchen cabinets, vonitias, countas tops and their installation. Builde~ to include all appliances and installation ns per menufanture~'s reco~mendstions. Provide all wor~antiee, spare ports etc. New hookup to the existing sowage disposal system and fresh water supply shall be dasJcjned and built in accordenco with the County Department of Health. All shut-offs to be labeled. Hot water heater to be surveyed and reused if capacity and life span suitable. Location to be determined on site. builde~ to include dl plumbing fixtures as noted in schedule. Builde~ to include installation. New HVAC system to be installed with long term energy use considere¢l. Verify sem4ce, upg~cle ns required New broakass in pand to be labeied. ~moke detectore to be hand wired ns per code. Provide fixtures and their installation ns noted. Architect to walk thru w/builder and electrician for verificotion of all switches, outlets, and ceiling fan ~,R~A~.SU bmission: Permit Re-submission: February 6, 2008 October 23, 2007 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us Pollte /Ferro Cotlal Notes 300 Jackson Street. New Suffolk, NY SCTM No. 1000-11 7-1 0-02 AREA: 12,244 sq.ft, or 0.2811 acres ZONING DISTRICT:" CALCULATION OF GROSS FLOOR AREAS EXISTING FIRST FLOOR - 1564 SF PROPOSED FIRST FLOOR - 2338 SF 1. Reference Standard Utilized Is 'Wfcm' By 'Al&Pa' 2. New Floor Area: 314 Sq.ft. 3. Design Loads: LIVE LOADS: 1 ST FLOOR = 4OPSF ROOF SNOW LOAD = 45PSF DEAD LOADS: ROOF = 10 PSF MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS USE UVE LOAD EXTERIOR BALCONIES 60 DECKS 40 ATFICS WITHOUT STORAGE 10 ATTICS WITH STORAGE 20 ROOMS OTHER THAN SLEEPING ROOMS 40 SLEEPING ROOMS 30 STAIRS 40 GUARDRAILS AND HANDRAILS 200 Note: Lot lies within Flood Zone "AE" (BFE 9) Roof. 3" WASTE PROPOSED SECOND FLOOR- 2 1/2" Vent 4' WASTE 690 SF Notify architect of oil che~. The architect shall not be responsible far any changes without written notification. Do not scale the drawings. "Taco' (or equal) comectio~s required et oil flush structural load car~cying conditions. ]:r~tall smoke end carbon monoxide detectors in occardeace with oil municipal and state code requirements. Pre-fabricated firaplaces and flues to he u.I. approved. 1: The architects end engineers cartifiy that to the best of their knowledge, the drawings conform to the New York State Esergy Conservation Code. 2: l't shall be the responsibility of the contractor to submit the size, design, and type of mechanical systems which will be used in sufficient detail os required by the Building Deportment. 3: All thermostats shall be adjustable 55 degrees to 85 degrees. 4: All domestic hot v~ter ~ 140 degrees max, setting. 5: ]:nsulete all ducts and pipes es required by code. 6: H.V.A.C. Contractor to verify heat loss calculations. 7: The architect certifies that to the best of his knowledge, belief, and professional judgement, the plans are in compliance with the New York State Energy Conservation Code (May. 8: Frame ~lls, floors, end ceilings to have an approved vapor retarder (porme~nce rating of t.o perm ) installed on the warm - in - winter side of the thermal insulation. g: Windows end sliding doors to have a maximum air infiltration rate of 0.3 cfm per square foot of window area. swinging doors to hove o maximum air infiltration rate of 0.5 cfm per square foot of door area. tO:AIIfireplocestobeprovidedwithademperforoutsidecombustionoir 150-200 cfm flue to have tight sealed damper: max air leakage 20 cfm. fireplaces shall have tight - fitting non combust Roof. 2 1/2' Vent Second Floor Kitchen Lav. First Floor__.. ~.. __..'~.. __.. ~~ 3" WASTE 2 1/2' Vent |Lav. ............. 4" WASTE ZBA Submission: Permit Re-submission: To Existing Sanitary system February 6, 2008 October 23, 2007 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~berrid~e.us Pollte /Ferro Cottage 300 Jackson Street. New Suffolk, NY Notes N/Off: KIMOGENoR POINT CO. 1000-117-10-02 OCTOBER 3, 2006 (TOPOGRAPHIC SURVEY) FR. HSE. 657.40, N/O/F JONATHAN CALDWELL DILL & MELODy DILL 642.78' A/JESTONE BOARD OF APPEALS Site Plan - Existing Scale: 1" = 30 It 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba(~berrid<3e.us ZBA Submission: Permit Re-submission: Polltea~'erm Cottalle [ [ Site Plan 300 Jackson Street. New Suffolk, NY Existing February 6, 2008 October 23, 2007 1^o 1 NIOIF KIMOGENOR POINT CO. 1000-117-10-02 OCTOBER 3, 2006 (TOPOGRAPHIC SURVEY) new porch new deck 642.78, ~orch ~ew driveway new sanitary system per SCDHS standards Garage align Relocated playhouse 657.40, N/O/F JONATHAN CALDWELL DILL & MELODy DiLL Site Plan - Proposed Scale: 1" = 30 ft STY. Overhead wires to be buried new driveway / / Remove pond '"~-~-~/c~2 ~ BOARD OF APPEALS 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~berridge.us 300 Jackson Street. New Suffolk, NY ZBA Submission: February6, 2008 Permit Re-submission: October23, 2007 SitePlan I A 04 I Proposed I'""-~: ~,,~ I CALCULATION OF GROSS FLOOR AREAS EXISTING FIRST FLOOR - 1564 SF 13'-7" 26'-4" 13'-6" LIVING ROOM ENTRY PORCH MECH KITCHEN BEDROOM BEDROOM 18'-2" 1st Floor Existing Scale: 118"= 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us BOARD OF APPEALS ZBA Submission: Permit Re-submission: Polltee/Ferro Cottage I Floor Plan 300 Jackson Street. I New Suffolk, NY cx,sL,ny February 6, 2008 October 23, 2007 i^o5 I West Elevation - Existing Scale: 1/8" = 1'-0" South Elevation - Existing Scale: 1/8" -- 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541,4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~berridge.us Polltea/F®rm Cottage 300 Jackson Street. New Suffolk, NY BOARD OF APPEALS ZBA Submission: Permit Re-submission: Existing Elevations February 6, 2008 October 23, 2007 Crawl s0ace NOTE: No Basement or crawl space exists. Existing "' Crawl space Storage 20'-0" Accessary Setback Mechanical New HVAC system through out. All floor framing and supports to be assessed on site after existing building is raised off existing ongrade supports. New joists and bottom plates will be used where ever termite and or rot damage has occurred. Existing floor datum to be raised 1'-0" , align with existing ridgeline Storage Existing Basement Proposed Scale: 1/8" = 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us 300 Jackson Street, New Suffolk, NY BOARD OF APPEALS ZBA Submission: February 6, 2008 Permit Re-submission: October 23, 2007 Basement Plan ~ IA08 I Proposed NOTE: Crawl space Mechanical All floorframing and suppo~sto be assessed on site afferexi~ing buildingisraisedoffexisting ongrede suppo~s. New joists and bottom plates will be used where ever termite and or rot damage has occurred. Existing floor datum to be raised 1'-0" Crawl space Storage Existing 20'-0" Accessary Setback New HVAC system through out. align with existing ridgeline Storage 37'-8" Existing Basement Proposed Scale: 1/8"= 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridoe.us Pollte~-erro Cottage 300 Jackson Street. New Suffolk, NY BOARD OF APPEALS ZBASubmission: February 6, 2008 Permit Re-submission: October23, 2007 Basement Plan Proposed IA081 CALCULATION OF GROSS FLOOR AREAS LEGEND EXISTING FIRST FLOOR - 1564 SF 2338 SF Kitchen 10'-0" PROPOSED FIRST FLOOR - Wood Deck 11'-0" Existing Entry with existing ridgeline 6'-3" · Bedroom Existing to remain. Existing to be removed. New Existing First Floor Existing 20'-0" Accessary Setback 1st Floor Proposed Scale: 1/8"= 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~_.berridge.us PollteWFerro Cottage 300 Jackson Street. New Suffolk, NY BOARD OF APPEALS ZBA Submission: Permit Re-submission: February 6, 2008 October 23, 2007 (~ A 09 1st Floor Plan Proposed CALCULATION OF GROSS FLOOR AREA,(:; LEGEND PROPOSED SECOND FLOOR - 690 SF Existing roof structure with /~ '~ ', .//~ new asphalt shingles Existing roof new 20'-0" Accessary Setback New Chimney Stair Hall Playroom Existing to remain. Biieting to be removed. with existing ridgeline Bedroom BOARD OF APPEALS.~ Roof Plan Proposed Scale: 1/8"= 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us Polltee~:erro Cottage [ 300 Jackson Street. New Suffolk, NY ZBA Submission: Permit Re-submission: February 6, 2008 October 23, 2007 Roof Plan Proposed Existing roof new asphalt si' Existing roof structure with new asphalt shingles Jcture with New roof structure with new asphalt shingles. Remove Existing Chimney New Chimney New roof structure with new asphalt shingles. lgles -~ 20'-0" Accessary Setback Roof Plan Proposed Scale: 1/8"= 1'-0" ZBA Submission: Permit Re-submission: February 6, 2008 October 23, 2007 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridge.us Polltea/Ferro Cottage 300 Jackson Street. New Suffolk, NY Roof Plan ~ IAll I Proposed L ~"~: °'~'~ J Relocated chimney New "Marvin" ~ double hung 'T 2/2 windows ~ throughout ,- Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. West Elevation -Proposed Scale: 1/8" = 1'-0" New roof structure with __ new asphalt shingles New roof structure with new asphalt shingles. New "Marvin" french wood doors throughout Existing structure to be lifted off grade by 1'0" New basement constructed at existing footprint, Relocated chimney illllll South Elevation - Proposed Scale: 118"= 1'-0" ,! Existing roof structure with __ new asphalt shingles New "Marvin" double hung 2/2 windows throughout Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. ZBA Submission: February6, 2008 Permit Re-submission: October23, 2007 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba(~_.berridge.us Polltea/Ferro Cottage 300 Jackson Street. New Suffolk, NY Elevations Proposed 7 Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. New "Marvin" double hung 2J2 windows throughout East Elevation -Proposed Scale: 118"-- 1'-0" Existing roof structure with __ new asphalt shingles New "Marvin" double hung ?J2 windows throughout North Elevation - Proposed Scale: 1/8" = 1'-0" New mol structure with new asphalt shingles. Relocated chimney Existing Finished Floor elevation to be raised by 1'0" Highest Existing FF 1.1' Highest Proposed FF 2.1' New basement constructed at existing footprint. 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@berridoe.us BOARD OF App~.l~u T~ermit Re -~u Elevations Proposed Pollte erm Cottage 300 Jackson Street. New Suffolk, NY mission: mission: February 6, 2008 October 23, 2007 Existing roof truss to remain Existing roof structure with new asphalt shingles Existing eave detail to remain, new work to match New "Marvin" double hung 2/2 windows throughout New "Marvin" french wood doom throughout New eave to match existing New roof structure with new asphalt shingles. New siding to match Existing structure to be lifted off grade by 1'0" New basement constmctod at existing footprint Building Section Scale: 1/8" = 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541.~102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~berridge.us Polltea/Ferro Cottage 300 Jackson Street. New Suffolk, NY ZBA Submission: Permit Re-submission: Building Section February 6, 2008 October 23, 2007 RAFTER OR TRUSS Strap Every Rafter (8) 8d Nails Each End Or Every Rafter Pair May Be Substituted For Ridge Connectors - Use (8) 10d Nails Each End New asphalt shingle roof. Typ. New painted wood soffi to match existingt. Typ. H10-2 TYPICAL ROOF / CEILING FRAMING Simpson Strong-Tie Rafter to Top Plate @ 16" OC continuous vent. Newwood siding, Typ, H2.5 (2) r~--~------~ LTS/MTS12 ACCEPTABLE TOP PLATE Simpson Strong-Tie Top Plate to Stud LSTA1 ACCEPTABLE Simpson Stroqg-Tie Studto Band Joist BP TYPICAL BASEMENT/CRAW L SPACE FOUNDATION @ 36"Oc (12" From Corners) Provide 3x3" Base Plate 2 Ea. Anchor 2 X 6 Stud ~ 16"O.c. 1/2" Cdx Exterior Sheathing 2 X 6 Sill Cedar Vertical Siding Over 15~ Felt Building Paper 2 X 12 Box Flashing 5~8" Dia, X 10" Anchor Bolt ~ 36" O.c. Strapping Details N.T.S. Damproofing -- I" C.i.p. Concrete __ Foundation VVall 8" X 16" C.i.p. -- Concrete Footing Typ. Wall Section Scale: 3/4" -- 1'-0" 150 West 55th Street, 2C,New York, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba~)berridge.us Pollt~/Fen'o Cottage 300 Jackson Street. New Suffolk, NY Bart Insulation As Req'd 5/8" Gypsum Beard Base As Required 1/2" Plywood Subfloor Hardwood Floor 2X 16" O.c. Barf As Req'd Fiberglass Sill Seal Compressible Filler 4" Concrete Slab 4 Mil. Vapor Barder 6 X 6 VVVVM 2- ~4 Rebar -- Unexcavated Soil ZBA Submission: Permit Re-submission: DETAILS February 6, 2008 October 23, 2007 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman LydiaA. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 119714)959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl. No. 5068 - CHRISTINE and GLENN DAWSON Property Location: 160 Broadwaters Road, Cutchogue; Parcel No. 104-10-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under ¢~onsideraflon in this application and determines that this review fells under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. BASIS OF APPLICATION: Building Department's November 14, 2001 Notice of Disapproval denying use of a preexisting aocessory building as an accessory, nonconforming cottage. The Notice of Disapproval states that a denial is issued regarding applicants' request dated April 6, 2000 for a Certificate of Occupancy of a preexisting accessory nonconforming cottage, for the reason that it is non-habitable, based upon the Building Inspector's Housing Code Inspection Report of 4/13100, and Section 100-241-G of the Zoning Code which states that 'whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance tbemfor shall have been granted by the Board of Appeals.' PROPERTY FACTSlDESCRIPTION: Applicants' property contains approximately 51,000 sq. ft. in size and is located on the north side of Broadwaters Road with 126 ft. of read frontage and average depth of 511.83 feet, and a frontage of 72.99 feet along the ordinary high-water mark. The property is improved with a one-family, one-story principal dwelling, and a second building (referred to heroin as.accessory building or cottage), as more particularly Shown on the survey prepared by ELS Associates dated 3-24-00 for the applicants. The property is shown as Lot #181 on the Map of Nassau Point Club Properties, Inc. APPLICANTS' REQUEST: Applicants: (1) request an Interpretation of Section 100-241G and i00-242A of the Zoning Code; and (2) Appeal for a Variance or other relief under Sections ~00-241G and 100-242A, regarding the Building Department's Notice of Disapproval dated December 14, 2001. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 18, 2002; ~June 6, 2002; June 20, 2002; July 11, 2002, 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: Page 2 - October 3, 2002 ~-" ZBA Appl. No. 5068- C. and G. Dawson Parcel '1000-104-10-8 at Cutchogue Applicants' property is located in the R-40 residential zone district and contains a single- family dwelling and a small waterfront cottage, Applicants wish to maintain the cottage building as an accessory to the principal residential dwelling. Applicant has testified that that there is no intent to subdivide the property or to use the cottage as an independent Single-family dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: !. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants wish to use the cottage for guests and family members, primarily during the summer months. Such accessory use is not uncommon in this waterfront neighborhood. 2. The benerR sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance because the building inspector has determined {hat the cottage is a discontinued non-conforming use, and appellants have no recourse except to apply for a variance. 3. The variance granted herein is not substantial and will allow the applicant to maintain the cottage as an accessory use. 4- The alleged difficulty has not been self-created.. 5. Although neighbors have expressed concern that the cottage will be used for "group tentals" which could create excessive noise and become a nuisance for the neighborhood, the applicants modified their request of June 30, 2002, and conditions attached to this variance will protect physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable he applicant to enjoy the benefit of an accessory cottage while preserving and protecting he 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 Tortora, ~seconded by Member Oliva, and duly carried to GRANT, a Variance authorizing an accessory (cottage) building with the follOWing CONDITIONS: I. The cottage/building shall only be used as an accessory structure to the single-family residence. 2. Temporary occupancy is permitted; 13, Sleeping quarters shall be permitted; '%. Page 3 - October 3, 2002 '~ / ZBA AppL No. 5068- C. and G. Dawson Parcel 1000-104-10-8 at Cutchogue 4. No cooking or kitchen facilities. This action does not authorize or condone any Current or future use, setba~ck or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as am expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, and Oliva. (Members GG:LTH°ming and Orland°wem absent')This ~~/~/~.~ Gerard P. Goeh~llger -/~pproved for Filing ~-'~iGerard P. o°eh RECEIVED AND FILED BY I THE SOUTHOLD TO%VN To,va Cl~l:l~, To~ cJ" "'" APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEETING OF JANUARY 24, 2002 Appl. No. 6039 - ROGER AND LESLIE WALZ STREET & LOCATION: 2505 Old Orchard Road, East Marion DATE OF PUBLIC HEARING: November 15, 2001; November 29, 2001. FINDINGS OF FACT IN THE MATTER OF ROGER AND LESLIE WAI_Z, APPLICANTS, FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXIV Section 100-242A, entitled "Nonconforming buildings with conforming uses", to reverse the Building Inspector's determination rendered in the May 2, 2001 Notice of Disapproval. BASIS OF APPEAL: Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2, 2001, Notice of Disapproval for a building permit to construct a second- story addition to a one-family dwelling. The May 2, 2001 Notice of Disapproval recites the following: "Proposed addition not permRted pursuant to Article XXIV Section fOO.242A which states, Nothing In this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provide that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has a nonconforming setback of 3 feet from the easterly side lot line and 6.$ feet in the westerly side line. The addition of the second floor represents an Increase in the degree of nonconformliy." PROPERTY DESCRIPTION: ~ ~ The subject property is a nonconforming lot, .containing approximately .25 acres, located at 2505 Old Orchard Road, East Marion; SCTM 100-37-6-5. The lot is improved with applicants' house, which is a one-story building with side yards that are nonconforming under Section 100-242A for nonconforming lots, which requires a minimum side yard setback of 10 ft. and a total of 25 ft. for both side yards. The building has a nonconforming setback of 3 feet from the easterly side lot line and 6.5 feet in the westerly aide line. RELIEF REQUESTED: Applicants request the Board of Appeals to reverse the Building Inspector's determination that the proposed second-story addition over the "footprint" of the existing house represents" an increase in the degree of nonconformity" per Section 242A. They contepe~ Page 2 - January 24, Appl. No. 5039 - R. and L. Walz '1000-37-6-5 at East Marion that the Building Inspector improperly applied Section 242A, and request an interpretation of the code provision. Applicants request the Board of Appeals to reverse the Building Inspector's determination on the following grounds: 1. Applicants maintain the second-story addition does not constitute an "increase in the degree of nonconformity" because the addition "goes up and not out", and is therefore no closer to the lot line. 2. Applicants contend that the degree of nonconformity should be measured as the horizontal distance from the "footprint" of the existing nonconforming building to the property line. Applicants acknowledge that existing side yard set backs are nonconforming and that the second-story addition would retain the nonconforming setbacks. However, applicants maintain that there is no change in the degree of nonconformity since "nothing is closer than that which exists" and therefore the code requirement is met. WHEREAS, the following code provisions are pertinent to this request: I. Article XXlV Section 242A, Nonconforming buildings with conforming uses, reads: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. I1. Section 106.t3 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which falls, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which Is continuously maintained after the effective date of these regulations. WHEREAS, The Zoning Board of Appeals held public hearings on the matter on November 15, 2001 and November 29, 2001, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations of members of the board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The head of the Building Department testified that an increase in the degree of nonconformance will occur if the new construction or renovation to a nonconforming building is located at/ or closer to the pre-existing nonconforming set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, Page 3 - January 24, Appl. No. 5039 - R. and L. Walz 1000-37-6-5 at East Marion and the proposed single-story addition is set back 3 feet 10 inches, there would be no Increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the exact footprint of a nonconforming building would increase the degree of nonconformity, but if the second- story addition were set back more than existing footprint, for example 3 feet 10 inches, no increase in the degree of nonconformance would occur, and the code provision of Section 242A would be met. 2. In examining the provisions set forth in 242A, the Board finds that the degree of a bulldinf~'s existing nonconformity is clearly established by the three-dimensional space, which does not comply with the re~lulations pertainin.q to such buildln~ls. For example, if the code requires a minimum side yard set back of t0 feet, and a single-story building's has a nonconforming set back of 3 feet, the degree of nonconformity is the 10 ft. by 20 ft. area, or 200 sq. ft. space which occupies the 10-foot, non-permitted building, side yard area. The degree of existing nonconformance has been established by the space which does not comply with the zoning regulations. 3. The Board finds that pursuant to section 242A, if the new construction, remodeling, reconstruction, or addition, to a nonconforming building creates a new area of nonconformance, where none existed before, the degree of a building's nonconformity will be increased. For example, if the bulldlng's nonconforming 10 ft. by 20 ft. dimensions are expanded, any part of the new construction which encroaches into the 10-foot, non- permitted building, side yard area would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformity. Similarly, If a second- floor were added straight up over the nonconforming 10 ft. by 20 ft. area, the addition would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the bulldlng's existing footprint does not increase the degree of nonconformity, we find no legal basis for this conclusion. The second-floor addition will increase the building's established degree of nonconformity because there would be more area, more square footage, more volume, and more building within the ~10-foot, non-permitted side yard area. Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity, where none existed before. 5. The Board agrees with the Building Inspector's determination that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 6. The Board finds that there is no basis in Section 242A to substantiate the Building Department's position that permits a nonconforming structure to expand into a nonconforming area If the expansion Is an inch less or a foot less than the existing buildlng's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could be viewed as arbitrary Page 4 - January 24, Appi. No. 5039 - R. and L. Waiz t000o37-6-5 at East Marion because the three dimensional space within which a structure is permitted to be built on a lot is defined by the town code regulations governing building set backs, maximum height and bulk. NOW, ON MOTION BY MEMBER TORTORA, SECONDED BY CHAIRMAN GOEHRINGER, BE IT RESOLVED, that the Board of Appeals Interprets Article XXlV, Section 242A to mean that: Remodeling, reconstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create and new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. An increase in the de.qree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontally, where none existed before. NOW, THEREFORE BE IT FURTHER RESOLVED to DENY the applicants' request to reverse the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Homing. NAY: Member Dinlzio (voting against the decision for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted (4-1). _ ~-~_~~ ~ ~/~orar~Ooehrln~, Chairman // i CEIVED AN D LED f ' - THE SOUTHO TOWN Town Clezk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 12, 2008 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 1197l Mrs. Lia Polites and Mr. Kevin Ferro 550 Fifth Avenue New York, NY 10075 Francis J. Yakaboski, Esq. 456 Griffing Avenue Riverhead, NY 11901 Re: ZBA # 6129 - Application by Mrs. Polites and Mr. Kevin Ferro (Variances) Dear Mrs. Polites and Gentlemen: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, End. Linda Kowalski Twome¥, Shea, Kelley, Dubin St Quartararo LLP A T T 0 R N E Y $ A T L A W 20 Main Street 51 Hill Street August 15, 2008 MAILING ADDRESS: Post Office Box 9398 Riverhead, New Y~rk 11901-9398 MAIN OFFICE: 33 West Second Strecl Riverhead, New York 11901-9398 Telephone: 631.727.2180 Facsimile: 631.727.1767 www.su ffolklaw.com By Hand Delivery Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall 54375 Main Road P.O. Box 1179 Southold, New York 11971 Application of Lia Polites and Kevin Ferro ZBA #6129 - Expansion of Second Dwelling Premises: 300 Jackson Street, New Suffolk (SCTM # 1000- 117-10-2) Dear Chairman Goehringer and Board Members: As you may recall, our law firm was retained by Mr. Patrick Higgins and Mrs. Jennifer Higgins, the owners of the properties located at 410 and 484 Jackson Street, New Suffolk to comment on the above-referenced application. On their behalf, we previously expressed opposition to this application with a letter-brief and appearance at the last hearing on April 24, 2008. Since that time, the applicants have formally withdrawn their original building plans and, by letter of the Applicants' attorney dated June 13, 2008, submitted a revised plan which eliminates the proposed second story addition to the subject second dwelling. According to the new drawings, and representations by Applicants' attorney, the revised plans call for an expansion of gross floor area of approximately 780 square feet. Of note, the new habitable space is largely confined to the area where the existing garage is located. We do understand that the garage itself is to be moved to a new location. Augustl5,2008 page 2 Insofar as the Applicants have abandoned their original building plans for a second story addition, and limited their application to the revised plan of expanding living space largely within the confines of the existing structure and footprint, the Higgins have no objection. As previously indicated to the Board and Applicants, the Higgins have never opposed "in-kind" renovations to the pre-existing nonconforming structure. Rather, their concern remains the dangerous precedent that would be set throughout the Town of Southold if nonconforming second dwellings are allowed to be expanded or enlarged, irrespective of whether it occurs next door, on Jackson Street, or elsewhere. As the Applicants' revised plans largely resemble an "in-kind" renovation of what presently exists on the property, the Higgins withdraw their opposition to the revised plans. To the extent the Applicants seek to enlarge the second dwelling in a manner not reflected on the revised plans, now or in the future, the Higgins' reserve the right to renew their objection. Furthermore, we urge the Board to condition any approval on the express requirement that the Applicants, their successors, or assigns comply with all applicable zoning laws and regulations in effect, including submitting a variance application and providing notice to adjoining property owners in the event they seek to expand the cottage in any manner. Thank you for the opportunity to submit these comments. Please include this letter in the record of this application. Respectfully submitted, Amiel S. Gross ASG:dp Frank Yakaboski, Esq. Kieran Corcoran, Esq., Assistant Town Attorney Mr. and Mrs. Patrick Higgins FRANCIS J. YAKABOSKI (631) 727-41OO FAX (631) 7~7-4130 emai]: franeis_yakahoski @ yaho o.com Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 August 13, 2008 Re: Lia Polites Variance Application ZBA #6129 Attention: Linda Kowalski Gentlemen: l am writing at this time to advise that we are withdrawing that portion of our application tbr a variance pending beibre you which seeks to renovate and reconstruct the existing cottage on the property by adding among other things a second story to the structure. At this point I would like to advise the Board that we will limit our application to the revised plan submitted with my letter to you of June 13, 2008. This new plan as you can see calls tbr the moving of the structure so as to create a conforming 20 foot side yard. We also propose as previously stated to eliminate the second floor area and propose a first floor area which is 2,344 square feet. This represents an addition of 780 square feet in floor area which is 684 square feet less area than proposed with the two story plan. We understand that should our current application for a variance be approved, that in the future should the applicant wish to make any addition to the residence that she will have to comply with all Zoning and Building codes then in effect in the Town of Southold. Respectft~,v,c _ FJY:~b '~ ~.~ cc: Amiel Gross, Esq. FRANCIS J. YAKABOSKI August 4, 2008 Linda Kowalski, Clerk Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box I179 Southold, Nexv York 11971-0959 Re: Lia Polites Variancc Application ZBA #6129 Dear Ms. Kowalski: I enclose herewith affidavit of mailing of notice of hearing together with copies of certified mail receipts, list of owners together with tax trap numbers and copy of my forwarding letter indicating the additional documents ! had submitted to yonr Board. Thank you. Fi~cis {~. Ya&aboski FJY:cb x,,. Enclosures Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Southold Town Zoning Board of Appeals From: Damon Rallis, Building Permit Exam'.~ Date: June 30, 2008 Re: 1000-117-10-2 (Ferro) Cc: File, Michael Verity Fax (631) 765-9502 Telephone (631 ) 765-1802 JUL I 2008 BOARD OF APPEALS We are in receipt of revised plans, dated May 8, 2008, regarding the above referenced property, dated May 8, 2008. Although the location of the accessory building has changed, the building department is not requiring a new building permit application or a revised disapproval. It is our determination that the existing notice of disapproval stands as is. 6317274130 15:52:53 06-30-2008 smith.flnkelstein,lmberg FRAsCIS J. YXI/ABOSKI June 30, 2008 Via facsimile 765-9502 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 1197t Re: Lia Polites Board Application Attention: Linda Kowalski Gentlem~n: I enclose herewith memorandum of the Southold Town Building Department dated June 30, 2008 zegarding Polites/Ferro advising that the revised plans submitted by me on behalf of Ms. Politcs are disapproved per thc prior disapproval. Please add this to the Board file. Thank you. Vcry~y yours,/~ FJY,;eff7 --~' Enclosur~ 06-30-2008 15:36 SOUTHOLD BUILDING DEPT 1631765!~c~2 PAGE1 FRXI~ICI~ J. YAIiABOSlt:I ~TTORI~EY AND COUNSELOR AT August 27, 2007 Town of Southold Building Department PO Box 1179 Southold, New York 11971 Attn: Damon Rallis Re: Polites/Ferro Gentlemen: I'm writing regarding the issue of the installation of heat in the "seasonal" residence situate on the 300 Jackson Street, New Suffolk site owned by Kevin Ferro and Lia Polites. As discussed earlier, while the term "seasonal" is used by the Town in connection xvith structures such as the one we are discussing, there is in fact no definition of"seasonal" in the Town Code. Thus, the attempt, if that might be the correct word, to limit the use of the non- conforming structure on the Jackson Street parcel to what might be called the summer months is improper. The seasons in Southold, as anywhere on the east end of Long Island, blend between Spring, Fall, Summer and Winter and certainly in the early spring which might be considered the early summer season heat is appropriate and often necessary. As defined by the courts the structure being reconstructed and renovated on the parcel is a non-conforming structure but a conforming use. Our point is, that as a conforming use, i.e., residence, heat is appropriate as might be air conditioning, as well as cooking facilities. Providing heat in the structure does not increase the degree of non-conformity but rather brings the structure more into conformity with its use, i.e., residence and in fact more in conformity with current construction codes. FRANCIS J. YAKABOSKI I believe that based on the above, a building permit should issue forthwith to permit Ms. Polities to go forward with the renovation and reconstruction of the residence. Thank you. Very~u,J,g-yours, ~~BOSKI FJY:cs CONSENT TO INSPECTION ADELAIDE FENTON Owners) N.mc(~ , the undersigned, do(cs) hereby state: That the undersigned (is) (m,e)-the ownex~s) of the premises in the Town of Southold, locatedat 300 Jackson Street, New Suffolk, New York which is shown and designated on the Suffolk Coumy Tax Map as District 1000, Section 117 ,Block 10 ,Lot 2 That the undersigned (has) (h~v~ filed, or cause to be filed, an application in the Southold Town Building InSpector's Office for thc following: Certificate of Occupancy on P~e-existing Buildings That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such i~pections as they may deem necessary with respect to tho aforesaid application, includ/ng inspections to determine that said premises comply with all of the laws, ordinances, niles and regulations of the Town of S outhold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used in subsequent prosecutions for violations of the laws, ordinances, rules or regulations of the Town of Southold. Dated: May 2, 2006 (Signature) Adelaide FenCon (Print Name) (Signature) (Print Name) FRANCIS ~l. YAKABOSKI (631) 727-4100 email: francis_yakaboski @yahoo.eom Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1 I79 Southold, New York 11971 July 31, 2008 Re: Lia Polites Board Application #6129 AUG - ] 2OO8 BOARD OF APPEAL! Attention: Linda Kowalski Gentlemen: I had previously submitted to you by letter dated June 13, 2008 a proposed alternate plan 1hr the renovation of the Polites' premises. Since that time, I have had our architect do a sketch showing the existing elevation to the east, i.e, facing the home of Mr. and Mrs. Higgins and a new east elevation which confbrms to our alternate plan. Thank you. FVe~i'oski FJY:cb Enclosure "/~- "/ East Elevation - Existing ~.~.,, ~,: t=-- l'-o' Study · o~ ~l, 53095 ~ ~o~ P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Southold Town Zoning Board of Appeals From: Damon Rallis, Building Permit Exami~ Date: June 30, 2008 Re: 1000-117-10-2 (Ferro) Cc: File, Michael Verity Fax (631) 765-9502 Telephone (631) 765-1802 JUL I ~"" EOA2~ OF APPEALS We are in receipt of revised plans, dated May 8, 2008, regarding the above referenced property, dated May 8, 2008. Although the location of the accessory building has changed, the building department is not requiring a new building permit application or a revised disapproval. It is our determination that the existing notice of disapproval stands as is. Via facsimile 765-9502 FRANCIS J. YAKABOSKI ATTORNEYAND COUNSELOR AT LAW (631) ?~7-4100 email: francls_yakaboski @ ya ho o.com June 30, 2008 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Lia Polites Board Application Attention: Linda Kov~alski Gentlemen: I enclose herewith memorandum of the Southold Town Building Department dated June 30, 2008 regarding Polites/Ferro advising that the revised plans submitted by me on behalf of Ms. Polites are disapproved per the prior disapproval. Please add this to the Board file. Thank you, Very tr_~~~yours, Enclosure 6317274130 sml[h,finkelstein,lu~berg 14:59:17 06-30-2008 TO: FROM: FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW 456 GRIFFING AVENUE P.O. BOX 389 RIVERHEAD, N.Y. 11901 (631) 727-4100 FAX (631) 727-4130 email: francis_yakaboski/~yahoo .com FAX COVER SHEET Town of Southold Attn: Linda Kowalski Francis J. Yakaboski, Esq. Arm: Cheryl DATE: TELECOPY NO: NO. OF PAGES: RE: Polites June 30, 2008 (631) 765-9502 BOARD CF APPSA[.S IF THERE ARE ANY PROBLEMS WITH TRANSMISSION, PLEASE CALL {631)727-4100. THIS TRANSMISSION IS IIITENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE A TTORNigY-CLIENT PRI~E OR OTHER IX)C-'TRINIg. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIF, D THAT ANY DISCLOSURE, COPYING DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HA VE RECEIVED THIS TRANSMISSION IN ERROR, IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR ITS RETURN. 06-30-~0~8 14:4~ SOUTHOLD BUILDING DEPT 1631765950~ PAGE1 6317274130 smith,finkelstein J unber9 16:04:16 06-30-2008 Via t~csimile 765-9502 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (631) 7~7-4130 June 30, 2008 Re: Lia Polites Board Application Attention: Linda Kowalski Gentlemen: I enclose herewith memorandum of the Southold Town Building Department dated June 30, 2008 regarding Polites/Ferro advising that the revised plans submitted by me on behalf of Ms. Polites are disapproved per the prior disapproval. Please add this to the Board file. Thank you. Very/~ty yours, . FJY~{ST ~" 06-30-2008 15:47 SOUTHOLD BUILDING DEPT 1631765950~. PIqGE1 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 FRANCIS J. YAKABOSKI June 19, 2008 Re: Lia Polites Variance Application Attention: Linda Koxvalski Dear Ms. Kowalski: I enclose herewith seven copies of the proposed foundation plan for the Polites residence at Jackson Street. Very trul3, yours, Fr~ski FJY:cb Enclosures (7) FRANCIS J. YAKABOSKI (631) 727-4100 FAX (631) 727-4130 email: rrancis_yakaboski @yahoo. c om Mike Verity, Building Inspector Town of Southold Office of Building Inspector Town Hall Southold, New York 11971 June 19, 2008 JUN 20 2008 BOARD OF APPEALS Polites/Ferro 300 Jackson Street, New Suffolk, New York Tax Map No. 1000-I 17-10-02 Dear Mr. Verity: Following my letter of yesterday regarding the Polites matter, I enclose herewith a foundation plan for the structure. Fr~fncis J~Yakaboski FJY:cb Enclosure cc: Linda Kowalski, Zoning Board of Appeals email: franeis_yakaboski @yahoo.com Gerard P. Goehringer, Chairman Zoning Board of Appeals Toxvn of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 13,2008 Re: Application of Lia Polites Premises: 300 Jackson Street, New Suffolk SCTM # 1000-117-10-2 Dear Chairman Goehringer and Zoning Board Members: I am writing in response to the letter of April 24 submitted by AmieI S. Gross, Esq. of Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP and to present an alternative plan for the renovation of the Polites structure. 1 am not going to direct my attention to those issues raised by Mr. Gross concerning nonconforming uses in that the Courts, our Zoning Code, and I believe this Board clearly have determined that this preexisting residence is not a nonconforming use but a nonconforming structure with a conforming use. Thusly, Code Section 208-122 which provides that "nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building contained a conforming use, provided that such action does not create any nexv nonconfbrmance or increase the degree of nonconlbrmance with regard to the regulations pertaining to such buildings" is the provision of our Town Code which affects and determines this application. Your Board's Counsel has indicated that he does not believe that the determination of the Building Inspector to deny the application can be reversed outright but rather this Board should review the application and determine whether or not to issue a variance with respect to the addition of the second story and the resultant increase in square footage of the structure. FRANCIS J. YAKABOSI~I CONTINUED Respectfully, we do continue to believe that the determination of the Building Inspector should be reversed outright and that no variance should be required in order for the Polites project to continue as set forth. The reason for this position is that the relevant Town Code provision permits a remodeling, reconstruction and in particular an enlargement of a nonconforming structure with a conforming use. Certainly by adding additional square footage or indeed a second story, we are not increasing the degree of nonconformity since the only permitted use is residential which will continue and we are not exceeding any or increasing the degree of nonconformance with regard to the regulations pertaining to such building. In other xvords we not seeking to exceed or violate height restrictions, lot coverages or to increase the degree of nonconformity of the side yard setback. With respect to the use which is not at issue, we of course do not intend to use the structure for other than a single family residence which is the permitted use in this Zone District. The Town Board when it adopted the Zoning Code and provided that an enlargement of a nonconforming structure is permissible clearly could not have meant that an enlargement would be an increase in a degree of nonconformity. If so arguably it would have set forth standards by which this Board could be guided in determining whether or not a variance could or should be granted to enlarge the structure. We argue that by making the structure more habitable by upgrading it to current construction code requirements, is not adding to the degree of nonconformance but really bringing the structure into conformance with current day construction standards. Again, while we respectfully disagree with Counsel's position that we require a variance in order to proceed, we do greatly appreciate the fact that counsel and the Board have clearly indicated that but for the enlargement we seek, the proposed project could go forxvard. This position we note is also the position adopted by the objectants. The issues of nonconformity aside we believe that the objectants arguments concerning the creation of dangerous precedents in the community are without merit. Clearly there will be no dangerous precedent created by the grant of a variance in this instance. I have provided the Board with aerial photographs of my client's site together with the site of Mr. and Mrs. Higgins and clearly no severe impact on objectants property would be caused by the grant of our requested variance. The Board should also note that the properties are separated by a hedge of at least 8 or 9 feet. To be repetitive our application does not increase any of the nonconformity of this existing structure in that we are not seeking to increase the degree of nonconformity with respect to any of the regulations pertaining to this structure, i.e., side yard, minimum height requirements nor lot coverage requirements. Should it be the Board's position that we may not go forward with the proposed plan as a matter of right, we would respectfully submit that with respect to the addition of the second story and the addition of the square footage we seek, we are not increasing the degree of nonconformance. If it is this Board's position that we are we do respectfully request that a variance be granted in order that we proceed. JUN 16 BOARD OF APPEALS ]~RANCIS J, YAKABO~KI CONTINUED As I indicated earlier and again without prejudice to my clients' rights, we would like at this time to submit an alternative plan for the Board's consideration. I am submitting with this letter seven (7) sets of a new plan for the reconstruction and renovation of Ms. Polites residential structure. Page A3 depicts the site as it exists. Page A4 shows a new plan for the site which indicates that we will move the structure approximately %8 feet to create a conforming 20 foot side yard. Page A5 depicts the existing Ist floor of 1564 square feet. Page A6 depicts a new proposed first floor with added square footage. Page Al0 gives the Board the calculations of the gross floor area of the new plan for the renovation. As can be seen the existing first floor is 1564 square feet. We propose with this alternate plan to eliminate the second story and add 780 square feet to the first floor with a resultant total floor area for the newly renovated residence of 2344 square feet. Our preference was and is ibr the original proposal which includes a second story however as an alternative we ask the Board to consider this modified plan which reduces the number of square feet we propose to add, eliminates the second story, and creates a conforming side yard for this structure. I respectfully request that the Board consider this letter and modified plan and that this matter be rescheduled for a continued hearing at your July meeting. Thank you. Enclosures cc: Amiel S. Gross, Esq. JUN 16 BOARD OF APPEALS STEPHEN B. LATHAM CHRISTOPHER D. KELLEY DAVID a. DUBIN0 JAY P QUARTARAROt PETER M. MOTT DUBIN & QUARTARARO LLP Attorneys at Law Mailing Address POSt Office Box 9398 Riverhead New York 11901-9398 33 West Second Street Riverhead New York 11901-9398 Telephone: 631.727.2180 FacslnHle: 631.727.1767 www. suffolklaw, com ;jgloss~i~suH'olkla~.com April 24, 2008 Hand Delivery Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Opposition to Application of Lia Polites and Kevin Ferro ZBA #6129 - Expansion of Second Dwelling Premises: 300 Jackson Street, New Suffolk (SCTM # 1000-117-10-2) Dear Chairman Goehringer and Board Members: Our law firm has been retained by Mr. Patrick Higgins and Mrs. Jennifer Higgins, the owners of the properties located at 410 and 484 Jackson Street, New Suffolk to comment on the above-referenced application. In that application, Ms. Lia Polites and Mr. Kevin Ferro (the "Applicants"), who own the property located at 300 Jackson Street, request the following of this Board: (1) reversal of the Building Inspector's Notice of Disapproval denying a building permit to construct a second story addition to a preexisting, nonconforming second dwelling; (2) interpretation of the Southold Town Zoning Code and determination that the subject nonconforming second dwelling is a nonconforming building with a conforming use; and (3) a variance to construct the proposed second story addition. Our clients' property is situated directly to the east of the Applicants' property, and consists of two parcels, 410 Jackson Street (SCTM #117-10-3.3) and 485 Jackson Street (SCTM #117-10-3.4). The Higgins' property would be severely impacted by the Applicants' proposed second story addition to their nonconforming accessory "cottage," not only because of the overbearing size and imposing location of the enlarged second residence, but because it would be entirely out of character with the neighborhood. While the second story addition to the Applicants' nonconforming second dwelling would unquestionably burden and negatively impact our clients' property, the relief sought by the Applicants is not permitted under the law. Specifically, the relief sought by the Applicants should be denied on the legal grounds set forth below. 20 MAIN STREET 51 HILL STREET 105 ROUT~E 112, FL 1S 400 TOWNLINE ROAD 56340 MAiN ROAD, R O. BOX 325 EAST HAMPTON, NY 11937 SOUTHAMPTON, NY 11968 PORT JEFFERS(bN STA., NY 11776 HAUPPAUGE, NY 11788 SOUTHOLD, NY 11971 631,324.1200 631.287.0090 631.928,4400 631,265.1414 631,765.2300 April 24, 2008 page 2 The Building Inspector Correctly Disapproved the Application on the Basis that the Proposed Second Story Addition to a Second Dwelling, Where Only One Dwelling is Allowed Per Lot, Constituted an Impermissible Expansion of a Nonconforming Use. Relying on Sections 280-121A and 280-13 [cited as 100-3lA] of the Southold Zoning Code, the Building Inspector on November 8, 2007 disapproved the Applicants' proposed construction. In that decision, the Building Inspector determined that the accessory cottage constituted an impermissible second dwelling, in a residential zone where only one dwelling per lot is permitted, and that a second story addition thereto would be an unauthorized enlargement of the nonconforming use. We believe this is the correct application of the Code to the Applicants' proposed construction, and the disapproval should not be disturbed by the ZBA on this appeal. Specifically, the language of the Code is clear that a nonconforming use shall not be "enlarged, altered, extended.., nor shall any external evidence of such use be increased by any means whatsoever." Section 280-121A. The Applicants' proposed second story addition of 774 sq. ft. to the existing 1564 sq. ft. nonconforming second dwelling is an increase of nearly 50% of nonconforming floor space. Indeed, the proposed expansion would result in a second dwelling of over 2,300 sq. ft., comparable in size to the primary dwelling on Applicants' property, which calls into question whether the new dwelling would even be a "cottage" at all. In any event, the expansion is significant by any measure, particularly when an increase of even 1 sq. ft. is prohibited by the Code. The Applicants' substantial proposed enlargement of the nonconforming use was properly rejected by the Building Inspector, and that disapproval should not be reversed here. The case law in New York is consistent with the Southold Town Zoning Code. It is well-settled in this state that a building or structure containing a nonconforming use cannot be enlarged as a matter of right. See, e.g., Town of Bedford v. Peltz, 283 A.D.2d 568, 727 N.Y.S.2d 119 (2d Dep't 2001); Rembar v. Board of Appeals of the Village of East Hampton, 148 A.D.2d 619, 539 N.Y.S.2d 81 (2d Dep't 1989) (landowner not entitled under zoning code to enlarge nonconforming use by adding dormer); Crossroads Recreation, Inc. v. Broz, 4 N.Y.2d 39, 149 N.E.2d 65, 172 N.Y.S.2d 129 (1958). We respectfully submit that the Building Inspector correctly denied this application on the basis that the second "cottage" is by definition a nonconforming use, and any addition constitutes a per se enlargement of such use in violation of the applicable laws. Certainly, an entire second story addition to a second dwelling, rivaling that of the primary dwelling and constituting a 50% increase in square footage, is a very substantial impermissible expansion of the nonconfomfing use. April 24, 2008 page 3 Even if the Second Dwelling is Found to be a Conforming Use, the Proposed Second Story Addition is an Impermissible Increase in the Building's Nonconformity. The Applicants alternatively seek an interpretation of the Code and determination that the second dwelling is a nonconforming building with a conforming use under Section 280- 122.t Pursuant to Section 280-122, a nonconforming structure with a conforming use may be enlarged, "provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The Applicants' argument that the proposed second story addition to the cottage would not constitute an enlargement of nonconformity is unavailing. The ZBA has addressed this argument and rejected it in the Walz decision, dated January 29, 2002 (ZBA No. 5039), a copy of which is attached hereto. In Walz, the applicants sought to construct a similar second story addition within the footprint of a nonconforming structure, and attempted to argue that the project would not enlarge the nonconformity in violation of Code Section 100-242A [now 280- 122A]. The ZBA disagreed, holding, in relevant part: The Board finds that pursuant to 242A [280-122A], if the new construction, remodeling, reconstruction, or addition, to a nonconforming building creates a new area of nonconformance, where none existed before, the degree of a building's nonconformity will be increased .... Although applicants contend that the proposed second-floor addition over the building's existing footprint does not increase the degree on nonconformity, we find no legal basis for this conclusion .... Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity, where none existed before. (emphasis added) The Walz precedent dictates that, inasmuch as the subject second dwelling is a nonconforming building or structure, the Applicants' proposed construction should be denied. In this case, the volume of a nonconforming building would be increased substantially, and the enlargement is not permitted by the Code and the precedent of the ZBA. 3. Applicants Are Not Entitled to a Variance. It is unclear from the Applicants' submission whether they seek a use or area variance. In any event, regardless of whether the cottage is a nonconforming use and/or structure, a variance should not be granted in this case. Pursuant to Town Law Section 267-b(2)(b), a zoning board may grant a use variance only where the applicant demonstrates the following: (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; ~ The Applicants' second dwelling is in fact dimensionally nonconforming, in addition to being a nonconforming use as determined by the Building Inspector. The structure is within the 20 foot side yard setback, and it should be noted that the encroachment is toward the Higgins' property to the west, making the enlargement particularly imposing. April 24, 2008 page 4 (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created. Under Town Law Section 267-b(3)(b), a zoning board must consider the following in granting an area variance: (1) 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; and (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 the area variance. This case presents none of the unique circumstances warranting either a use or area variance. The inability to build a second story addition to a preexisting, nonconforming second dwelling presents no identifiable hardship to the Applicants. In fact, the ability to construct a new second story to this grandfathered structure would be an undeserving windfall, particularly since the Applicants purchased the property a mere 18 months ago and well after the enactment of the current zoning laws. As such, there could not have been any realistic expectation that the nonconforming cottage could be expanded under the law. In fact, the only reasonable expectation of the Applicants, Mr. and Mrs. Higgins, and the entire neighborhood, was that there could be no expansion of this second dwelling. Unquestionably, the Applicants' proposed construction would adversely alter the character of this neighborhood and the adverse impacts would be substantial. The Applicants purchased a lot with a house and cottage in a single dwelling district, and they now seek to have essentially two large 2,300+ sq. ft. residences where only one is permitted. There is no justification to grant the Applicants a variance in this case. 4. The Strong Public Policy Favors Elimination of Nonconforming Uses. Courts in this state have repeatedly reaffirmed that New York has a strong public policy aimed at limiting and eventually eliminating nonconforming uses of property. "Because nonconforming uses are viewed as detrimental to zoning schemes, public policy favors their reasonable restriction and eventual elimination." 550 Halstead Corp. v. Zoning Board of Appeals of Town/Village of Harrison, 1 N.Y.3d 561,562, 804 N.E.2d 413, 414, 772 N.Y.S.2d 249, 250 (2003); see also, P.M.S. Assets, Ltd. v. Zoning Board of Appeals of Village of Pleasantville, 98 N.Y.2d 683, 685, 774 N.E.2d 204, 205, 746 N.Y.S.2d 440, 441 (2002) ("While nonconforming uses of property are tolerated, the overriding policy of zoning is aimed at their eventual elimination"). The law is averse to nonconforming uses. Pelham Esplanade, Inc. v. Board of Trustees of Village of Pelham Manor, 77 N.Y.2d 66, 565 N.E.2d 508, 563 N.Y.S.2d 759 (1990). Given the clear disfavor in the law for nonconforming uses, the ZBA should not permit the Applicants to enlarge one in this case. April 24, 2008 page 5 Granting Relief Sought by Applicants Would Set a Dangerous Precedent for Expansion of Preexisting Nonconforming Uses in the Town of Southold. Notwithstanding the plain language of the Town Code, precedent of the ZBA, and the law, the present application should be denied because a contrary ruling would set a dangerous precedent and undermine the Zoning Code. Specifically, homeowners in the Town of Southold with grandfathered cottages on lots where only one is permitted would hold a license to expand their second dwellings. This, in a word, would be disastrous and would increase (as opposed to limit) nonconforming uses throughout the Town. In fact, such a ruling would provide the basis for expansion of nonconforming commercial uses. For example, a lawfully preexisting nonconforming nightclub in a residential zone would be empowered to add a second story, thereby doubling their dance floor or other space. The ZBA should insure against opening such floodgates and continue the precedent of limiting and eliminating nonconforming uses. Consistent with this policy, the present application should be denied. Thank you for the opportunity to submit these comments. Please include this letter in the record of this application. Respectfully submitted, Amiel S. Gross ASG:dp CC: Kieran Corcoran, Esq., Assistant Town Attorney Mr. and Mrs. Patrick Higgins I~RANCIS J. YAKABOSI/I (631) 727-4100 FAX (631) 727-4130 enaaih francis~akaboski @ yahoo,corn Zoning Board of Appeals Town of Southold 53095 Main Road Town Hall Building P.O. Box 1179 Southold, New York 11971-0959 April 2, 2008 P tVED ZONING BOARD OF APPEALS Re: Lia Polites Gentlemen: As I am sure you are aware by now, subsequent to our hearing on the 27th day of March, 2008, a gentleman named L. Patrick Higgins contacted your office to advise that he was the owner of adjoining premises which had been reported to us as being oxvned by people named Dill. Apparently the assessor's office had not been updated to reflect that Mr. Higgins purchased in November, 2007. Accordingly, I am respectfully requesting that a new- hearing be scheduled for the 24th day of April, 2008 so that we might give Mr. Higgins, if he desires, an opportunity to appear and be heard. Thank you. Ver Francis J ~/~kaboski FJY:cb [, 63173477 2 OLSEN & OLSEN OLSEN ~ OLSEN> L.L.E PAGE O,~RY FI.ANNER OLSEN ATTORNEY AT LAW [)AVID ~00'ORTHINGTOh} OLST~N ATTORNEY AT LAYU 32495 MAiN ROAD · EO. BOX 706 · CiU]CHOGUi.2, NkW¥ORK ]/935-0/06 PHONE 631-734 7666 FAX 631-734-77 2 ol;enlaw@optonJine.net 01 March 28 2008 Re: Variance Application Polities & Ferro SCTM 1000-117-10-02 To Whom It May Concern: Please let this confirm that I wa~ contacted by Jennifer and Patricia Higgins now owners of the former .Dill property indicating that they never received a Notice as an Adjoining Landowner of the above Variance Proeeefling. I believe the hearing took place on March 27, 2008. I have contacted Frank Yakaboski who has just delivered to my office copies of the pertinent documents which I am Federal Ex!~essing to the Higgins this agmmoon for their review. After they have reviewed same I will advise your office if they plan on opposing the application GFO:lmk /,,,/ LindaatSouthold Town Zoaing Board P. O. Box 1179 $outhold NY l]971 Faxed to: 765-9064 C¢: Frank Yakaboski Fa.xed to: 727-4130 Patricia Higgins 973-258-03.'- 7 FRANCIS J. YAKABOSKI ATTORNEYAND COUNSELOR AT LAW March 24, 2008 Zoning Board of Appeals 53095 Main Road Town Hall Building P.O. Box 1179 Southold, New York 11971-0959 Re: Lia Polites Variance Application Attention: Linda Kowalski Gentlemen: I enclose herewith affidavit of posting and 2 return receipt requested cards regarding our mailings to adjoining owners in the above referenced. Thank you. ~rj~ci~ >t. Yak,~ski Enclosures (3) File 'View Toolber Help ~a~d O~JO Double click ~o open e Window ~RANCI$ J. YAKABOSKI March 5, 2008 Via Certified Mail Return Receipt Requested Kimogenor Point Company Attention: William W. Archer 29 Green Meadow Lane Huntington, New York 11743 Jonathan C. Dill Melody B. Dill David M. Dill 410 Jackson Street New Suffolk, New York 11956 Jonathan C. Dill 9936 North Lamplighter Lane Mequon, Wisconsin 53092 Robert Lutton 1431 South Nucia Street Aurora, Colorado 80017 Re: Polites Dear Gentlepersons: ! enclose herewith a notice of public hearing with respect to the application of my client, Lia Polites, to be heard on the 27th day of March, 2008 by the Zoning Board of Appeals of the Town of Southold. I also enclose a copy of site plan filed with the Zoning Board of Appeals showing the work to be done on the existing structure which will include the relocation of the one story framed garage to the area where it is now shown. Should you have any questions, please do not hesitate to call. Thank you. V~]y yours, Enclosure NI O/F KIMOGENOR POINT CO. 1000-117-1~-02 OCTOBER 3, 2006 (TOPOGRAPHIC SURVEY) new porch new deck 642.78' driveway flew porch new sanitery system per SCDHS standards ~. ~2' : J i'-'~'''':'''j, ~ new 2nd FI o, align Relocated playhouse 657.40' N/O/F JONATHAN CALDWELL DILL & MELODy DILL Relocated Garage 27.6' Overhead wires to be buried new driveway / Remove pond Site Plan - Proposed Scale: 1" = 30 ff 150 West 55th Street, 2C,New Yon'<, NY 10019, tel 212 541-4927, fax 212 541-6102, Sag Harbor, N.Y., tel 631 725-1264, cell 917 742-7825, dba@bet_ridge.us 300 Jackson Street· New Suffolk, NY ZBA Submission: Permit Re-submission: Site Plan Proposed February 6, 2008 October 23, 2007 ~-~ A04 J L ,,,~: o,~,~ FRANCIS ~. YAKABOSKI BOARD OF APPEAL<- March 6, 2008 Zoning Board of Appeals Town of Southold Town Annex/First Floor, North Forth Bank 54375 Main Road (at Youngs Avenue) Southold, New York 11971 Re: Lia Polites Variance Application Attention: Linda Kowalski Gentlemen: I enclose herewith affidavit of mailing together with postmarked white receipts, a copy of my letter of transmittal, and copy of notice of hearing as well as site plan, all of which were forwarded to the four named abutting owners of the Polites premises. Thank you. Very ~j FF rja~:~b'~a~,~bOsk'i Enclosures FRANCIS J. YAKABOSKI go,,%'qD OF APPEALS February 27, 2008 Zoning Board of Appeals Town of Southold Town Annex/First Floor, North Forth Bank 54375 Main Road (at Youngs Avenue) Southold, New York 11971 Re: Lia Polites Attention: Linda Kolowski Linda: Enclosed are seven additional sets of dra~xings which show correctly the elevation and roof line as well as seven sets of site plans showing new sanitary system to be installed. ~.~Very truly your¢, , FJY:cb Enclosures (14) FRANCIS J. YAI~ABOSKI Zoning Board of Appeals Town of Southold Town Annex/First Floor, North Forth Bank 54375 Main Road (at Youngs Avenue) Southold, New York 11971 February 1, 2008 BOARD OF APPEALS Re: Lia Polites Attention: Linda Kolowski Linda: I enclose herewith seven prints of a site plan prepared by Ms. Polites' engineer, Jeff Butler, showing the design on the new proposed septic system, its location, test hole results, etc. I also enclose a check in the sum of $200.00 payable to the Southold Town Clerk regarding my request for alternative relief in the event the Board does not agree with our position. Essentially what I am requesting is that in the event the Board does not agree with my position concerning our client's ability to proceed with renovating the preexisting dwelling, I would like to request that in the alternative we be given a variance from the provisions of the code relied upon by the Building Department in rejecting our application for a building permit. Should you require any other inibrmation or documents, please do not hesitate to contact me. Very truly yours, FJY:cb ' Enclosures FRANCIS J. YAKABOSKI email: francis_yakaboskl @yahoo.corn BOARD OF APPEALc January 11, 2008 Zoning Board of Appeals Town of Southold Town Annex/First Floor, North Forth Bank 54375 Main Road (at Youngs Avenue) Southold, New York 11971 Gentlemen: I enclose herewith on behalf of Lia Polites application for what is essentially a request that a determination of the Building Department of the Town of Southold be reversed. I am submitting seven copies of our application together with seven survey prints and seven sets of drawings by Ms. Lia Polites architect, David Berridge. I also enclose my check to the Southold Town Clerk in the sum of $400.00 which may be slightly high in that I believe that I only need one section of the code interpreted, but if the Board feels that several need to be considered, please advise and if necessary I will increase the amount of the check. I also enclose a set of photographs which may not specifically comply with your application requirements, if not, I respectfully request that our application not be rejected but that you get back to me at which time I will immediately order new photographs be taken and provided to the Board. Should you have any questions, please do not hesitate to call. Thank you. Very truly/yours, Enclosures ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp ://southtown.northfork.net July ~-~/, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 4th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearin.q, provid n.q the returned letter to us as soon as possible; AND not later tha~ Aug 8th: 'Please eitt~er mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Au.qust 13st: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq prior to August 20, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: _http://southtown.northfork.net April ..~ , 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, April 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, R:ETURN RECEIPT REQUESTED, to al_l owners of properly (tax map with property numb6rs enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranf:lements were made in either a written statement, or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than April 8th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 14th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postin.q prior to April 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. O___ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: . Fax # 7a TOTAL NO. OF PA. OES INCLUDING COl/ER: /*.3 SENDER'S TELEPHONE NUMBER: 765-1809 (press ! at voice records) REFERENCE:: [] URGENT []1:oI! YOUR UPDATE [] PLEASE COMMENT ~AS REQUESTED [] .......... NOTES/COMMENTS: Please find attached copy/copies of the follox~4ng: Thank you. Sender's Initials: O_Q.ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] HOTES/COMMENTS: Please find attached copy/copies of the folloxving: Thank you. Sender's Initials: O_.~ffic e Locatio~: Town ,Mmex/First Floor, North Fork Bank 543'75 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailipg Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: ~ ' _ F~x # TOTAL NO. OF PAGES INCLUDING C'OYER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] IIR(i[;;NI [] FOR YOUR UPI)ATE [] PLEASE COMMENT [] AS I{E(.)[JESTEI) [] NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: F~,x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TE~'H'o'NE NUMBER: REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTEI) [] NOTES/COMMENTS: Please find attached copy/copies of the following: 'Fo- u · Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Batik 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATI£ [] PLEASE COMMENT [] AS REQUESTED [] ........... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: y - / "~ TOTAL NO. OF PAGES INCLUDING COVER: / / SENDER'S TELEPHONE NUMBER: 765-1809 ~ress 1 at voice mcorp) REFERENCE:: []URGENT []FORYOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME L. POLITES & K. FERRO #6129 MAP # 117-10-2 VARIANCE Non-conforming Cottage Use REQUEST Additions/Alts. Accessory Cottage DATE: THURS. APRIL 24, - 11:05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 N SURVEY 02' PROt-'ERTY AT NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNT}; N.Y. 1000-II 7-10-O,P. SCALE: 1'--30' JUL Y 12, 2006 71 .~OOEI Irevlst( ~W'I4, 2008 ~oT~bv~m]~ LOT COV£RAG£ TO MHWM ~XISTING 524~ sq. fh 5242188557' = 7.6% AFTER CONSTRUCTION 5687 5q. ft. 5687/68557 ~ 8.3% CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY KEVIN FERRO JAN 15 2008 ~OARD OF APPEALS AREA=68,557 SO. FT. TO TIE I_hq,_ ANY ALTERA;70N a? ADDI77ON TO THIS SURVEY IS A VIOLATION OF SECTION 7209CF THE NEW YORt~ STATL EDUCATION LAW. EXCEPT AS PER S~3flON 7209-SUBDIVISION 2, ALL CER?IFICATIONS HEREON ARE VALI£ FOR THIS MAP AND COPIES THEREOF ONLY IF PECONIC P.O. BOX 12J0 TRAVELER SOU ~HOLD, N, Y: 11971 49618 06-189 SURVEY OF PROPERTY AT NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, $CALEz 1 '-~0 JULY 12, 200~ N.Y. C£RTIFIED TO: AE'~?N F£RRO AREA=68,557 SO. Fr. SAID MAP ~ COPIES BEAR ~E IMPRESg~ , E~A~ONS R~ TO N.~D. ~=MONUMENT ~0~ ~GNA~RE APP~RS HEREON. ' ~ SOU~OLD, N.~ 11971 MILL ~ 2" OO~ER P~M 5T~T HAIN 20' ~ 5~REP DRI~Y AND ~ ~ ~ ~ · · ~ IHIb -- I~TALL~P TO A POINT 20' F~M H~SE. LAST ~0' TO ~ O0~ER. I I ~ ~1 ~ ~' ~U' (TAKEN F~M BUFFOLK GO~ ~ AUTNORI~, APP~NglX ~ J I ,. INST*LPIPIN¢ONTHEP~PER~,41/2FEETP"EPF~'TH"~ILPI~TO ELEVATION J L J NOTTOSOALE 5ERVIOE DEPAR~NT. I " ~ NEH ~PPOLK N.Y. D, A VAL~ ~ST BE INST~LED HHERE THE PI~ FIRST ~ ~ BOILDIN¢, ~, ~ ~--I-- - - ~ ~ ~, 1.4' (~T ~LB .' ' l, INST~L PIPE 4 I/2 PEET DEEP ~M SE ~U~E TO SE ~XI~TI~ 5~ V~LT (TIE IN AT AUTHO~I~'5 COP~R TAILJ I I (TO TIE LINE) 2. A VALVE ~ST BE INSTALLED ~ THE PI~ PI~T ~R5 THE ~ILPI~. J J 1 AR~ OF EXlSTIN¢ L ............................. J 2, C~TO~R~ VALVE, ~ PUMP HOUSE - TO A VAL~ M~T B~ IN~T~LEP HHERE THE PI~ FIRST BE~ ~ ~ILPI~. ~ ¢ X 12 - ~.~ X ~,1 N~,HH ~ I. HINI~H 5~10 TA~ OAP~ITIE~ FO~ A I TO 4 B~OM H~E I~ I. MINIMUM LEAGHI~ ~Y¢~M FO~ A I TO 4 BESOM ~E ~JO~ 5,F. 200 P.5.1. ~ITH ~STI~ ~5~ ~ AT L~T ~I~E ~E 2. REINFO~EHENT ~ET5 A,S.T,M. A~I5, A-ID5 5P~IFIGATION~ 5. THE ~IC TANK 5H~L ~E INSTALLED AT L~L IN ALL DI~CTION5 LI~ ~H~L BE HAINTAI~P, PEOONIO ~R~OR~, E~ENSIO~ 4' ~ITH A H~. TOLE~NCE OP ~1/4'9 ON A HINIHUH ~" THICK B~ OP 5. AN ~' min. DISTANOE ~EN ~L LEAGHIN~ POOL5 ~ C. PIPI~ ~UIRI~ ~INTG IN ~ICH A CH~ICAL ~L~T Is UTILIZED IS P.O, ~X COHP~TED GANP OR P~ ¢~L. CEllO t~ ~l B~ HaINTAINED. I2DO T~V~LE~ ~T~ET T~R ~RK 15 COHPLE~D.(O~ B~INE~ PAYAOVANCEP ~TICE ,5 ~T TO 5GALE PROPOSED SEPTIC 5YS~M DETAIL CHICA¢O TITLE INSU~NCE ~IN¢PEOTION. NOT TO SCALE ~CALE, I"=~0'-0" 4. L~ ~E T~H OP~. Po NOT ~FILL THE T~NOH ~TIL ~R MILL BE PAINED BL~. I~ I~RVIC~ INePEOTION ~AILS, THE ~ OF THE &.PLEA~ DO NOT ¢~L ~R OPPICE UNTIL 4,~ P.M. IP YO~ INS~CTI¢ BEF~ mE ~ CAN BE ~T. ~ / ~ := ~tT~ ~ ~sw~ ~ KIMO~ENom = .... 5HITOHIN~ SERVICE TO ~HEO~R -- THE ~ILDER 6~ BRINe IN a 51~ ~ ~ f ~ ~~ ~~ ~'- ~VICE .... X TO ~ ~f /b~/ nULL ~THAN CA ~ J ~ENET~T ~ TEST HOLE EXIST. 5LJtPACE (oV