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HomeMy WebLinkAbout5948 APPEALS BOARD MEMBER~ Gerard E Goehringer, 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 9, 2008 To~ Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Mr. and Mrs. Philip B. Stanton 18 Orchard Street, Apt. 5 New York, NY 10025 Re: ZBA # 5948 - Variance Application Withdrawn Dear Mr. and Mrs. Stanton and Ms. Moore: This will confirm that your application filed under the above number has been withdrawn without prejudice. If a variance application is requested in the future, a new process will be required with a new filing fee and documentation for processing at that time. Thank you. Sincerely yours, Linda Kowalski Encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski ~/~ Betsey Perkins ~ Secretaries March 20, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Stanton Youngs Avenue, Southold Dear Chairman and Board members: The owners respectfully request to withdraw their appeal with regard to the subject property, without prejudice. The Stantons have purchased the adjacent five acre parcel and would like to relocate their antique barn onto their newly acquired parcel. In light of the change of circumstances, we must reevaluate the location of the barn and its use. The appeal is premature until such time as they have completed the plan for all their properties. My goal, as always, is to minimize the need for variances. We thank you for your continued courtesies and appreciate your patience. ~V~ truly yours, Patricia C. Moor~ cc: Phillip & Jennifer Stanton Joe Tuana 12/07/2007/~:07 FAX 631 765 4643 MOORE LAW OFFICES PATRICIA C, MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4e43 ~ ZBA December 7, 2007 002 Attn: James Dinizio, Zonin9 Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 Chairman PROP]~RTY ADDRESS: 522 TOWN CREEK LANE,SOUTHOLD SCTM= 1000-61-~-14.7 Dear Chairman: With reference to the above pending application, we respectfully request this application be adjourned until your March, 2008 hearing calendar. Thank you for you consideration in this matter. PCM/bp C: Mr. & Mrs. Philip Stanton TO: Patricia Moore aJc Stanton 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL Date: July 14, 2006 Renewed: October 19, 2007 Please take notice that your application dated June 21, 2006 For permit to relocate and renovate an existing barn, converting it to an accessory recreation room at Location of property 522 Town Creek Lane~ Southold, NY County Tax Map No. 1000 o Section 64 Blockl Lot 14.7 Is retumed herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III~ Section 100-33 A which states; "Such buildings shall not exceed eighteen (18) feet in height." The barn exceeds 18 feet in heigJ~t. In addition the proposed recreation room use is not permitted pursuant to Article III, Section 100-31C, "Permitted Uses." ~ssorv ~recreation room is not a permitted use. ~o~A~li~'ny change or deviation to the above referenced application, may require ~r review by the Southoid Town Building Department. ., Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore a/c Stanton 51020 Main Road Southold, NY 11971 Please take notice that your application dated June 21, 2006 ,AUG 1 2_0o6 Date: July 14, 2006 For permit to relocate and renovate an existing barn, converting it to an accessory recreation room at Location of property 522 Town Creek Lane, Southold, NY County Tax Map No. 1000 - Section 64 Blockl Lot 14.7 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III, Section 100-33 A which states; "Such buildings shall not exceed eighteen (18) feet in height." The barn exceeds 18 feet in height. In addition the proposed recreation room use is not permitted pursuant to Article III, Section 100-31 C, "Permitted Uses." An acces~rg'l~ reation room is not a permitted use. 'gnature'~_ 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. ACCESSORY SETBACK ~ 8 'dia 7'4'e ee¢o D RYW~ LZ:S.. Tvo FOR 4 AI"NOUSE ~ t PROPOSED NEW POOLHOu~ ~ & STORAGE PROPOSED NEW SAUNA & STORAGE PROPOSED NEW POOL PROPOSED NEW HOUSE EX~STING HOUSE TO BE REMOVED DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 10, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Connnission is/are considered to be a matter for local deterrrfination as there appears to be no significant county-wide or inter-community impact(s). A decision of local deternfination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Stanton 5948 Neumann 6077 Well 6078 Yu 6083 O'Connell 6084 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 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 September 20, 2007 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 XIV of the Suffolk County Administrative Code: Appl. No. 5948 Action Requested: Within 500 feet of: (Stanton) ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any o(her information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By:. Enclosures TOWN OF SOUTHOLD BU[,LDING DEPARTMENT I'OWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined 20__ Approved Disapproved a/c Expiration ,20__ PERMIT NO. BUILDING PE T APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Contact: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. ~. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit Shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. .... f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shaI1 be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or . Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code. and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ /~- (Signature of applicant or name, if a corporation) (Mailing address of applicant) ~t, ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name ofownerofpremises ~/~ ,/r~. ~~ ~ . (As on the tax roll or latest deed~ If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work.will be done: House Number Street County Tax Map No. 1000 Subdivision (Name) Section Hamlet Block Filed Map No. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~:.~r~-- - /-~*~$~vr r~dg-e (~2 5~.) b. Intended use and occupancy ~a_.~ ~' .-'~.e.-~ac.,d-ve-.x_ (? ~oe,~) ~'a.rv,e. oC&t4ac~ 3. Nature of work (check which applicable): New Building. Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Demolition Fee Addition Alteration X~ Other Work r'zdo r'~ /o &rrt/-rr~t~ (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 Real' 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 Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated i2. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. ls this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * 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. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. ; :;i. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) CO S~: being duly sworn, deposes and says that (s)he is the applicant ~ of individual signing contract) above named, (S)He is the ~4/~- ~'~ey-~v---~'~e (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith, Signature of Applicant FO_RM NO. 4 ,03 TOWN OF SO~HOLD BUILDING D E p~4E1TT office of the Building InsDector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY AUG I 2006 No: Z- 28706 [hate: 08/14/02 THIS CERTIFIES that the building DWmr.r. ING & ACCESSORIES Location of prope~rty 720 TOWN CREEK LA (HOUSE NO.) {STREET) County Ta~Map No. 473889 Section 064 Block~001 Filed Map No. Lot No. __ Subdivision SOUTHOLD Lot 014;00~ COZ~fO~nS substantia]/y to t3=e Requ/r~ts for a ONE FAMILY DWELLING built p~-ior to APRIL 91 1957 pur~,~-t to which CERTIFICA-~E OF (~C~ANC~II~ Z- 28706 dated AUG"JST 14~ 2002 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 ONE FAMILY DW~nnT~G' WITH SCREENED PORC~ ACCESSORY GARAGE AND BARN.* The certificate is issued to ~T R & EDWINA LATSON III (OWNER) ~ ' of the aforesaid building. SUFFOLK CO%~ DEPARTMENT OF HEALTHAPPROFAL EL~c~-F_ICALCERTIFIC~TENO. PLUMBERS CERTIFICATI~NDA'I'~ *PLEASE SEE ATTACHED INSPECTION RE~ Rev. 1/81 ~ N/A N/A N/A Authorized Si~tu~re AUG ! 2006 4.0 (2) ro~ unheated. 4q3889 64.-1-14.7 kUMB~ DATE TYPE 30225 4/08/04 PERMIT o/oo/oo 0/00/00 0/oo/oo 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 OWNER: PHILIP STANTON USE/DESCRIPTION ACCESSORY STRUCTURE Fl=More F7=Permit Detail FS=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit 765-1802 BUILDING DEPT. INSPECTION ] FOUNDATION 1ST ] FOUNDATION 2ND ] FRAMING [ ] ROUGH PLBG. [ ]~IJLATION [ ~]' FINAL ] FIREPLACE & CHIMNEY [ REMARKS: ] FIRE SAFETY INSPECTION DATE APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA~ 1 200 For Office Use Only ! ~d ff~fo~ Fee: $ ~DO- Filed By: 7~.~fl¢~ Date Assigned/Assignment No. ~ ' Office Notes: Parcel Location: House No. 522 Street Town Creek Lane SCTM 1000 Section 64 Block_l Lot(s) 14.7 Lot Size 1.2 acres. Zone District R-40 Hamlet Southold I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: July 14, 2006 Applicant/Owner(s):Philip B. Stanton & Jennifer Stanton Mailing Address: 18 Orchard Street, Apt 5, New York,NY 10025 Telephone: 917-771-6977 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Sonthold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 6/21/06 FOR: [] Building Permit ( relocate existing barn and convert space to recreation room) Article III Section 100-33 Subsection ( A ) Existin~ barn is over 18' in height (26'8") Subsection (C) customary accessory use [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Type of Appeal. An Appeal is made for: X 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. X Interpretation of the Town Code, Article 100-31 Section C ( accessory use) X Reversal or Other - use of building is "permitted" accessory use A prior appeal [] has [] has not been made with respect to this property UNDER Appeal No. Year Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The family is undertaking a renovation of all the buildings on the property. The existing barn is 26'8" to the ridgeline, which is over 18 feet in height and has two stories of living space inside. The owners wish to relocate the existing barn to make room for the pool, pool house and sauna. The barn will be mused as a recreation room with a one story bathroom addition and :fireplace addition to existing structure. The existing second floor will be removed and beams exposed to the cathedral ceiling. The old barn will be preserved and restored. The original barn structure is being retained, as is, with a new foundation at same height off ground, as existing. The foundation setbacks will be made conforming. As to the Determination of the Building Department that the proposed reuse of the barn is not a "permitted use" is incorrect and must be reversed.- the code does not prohibit these uses, it is left to changing needs of a community whether a use is a customary accessory use. The reuse of existing culturally significant structures should be encouraged. The existing building was a barn used in agriculture, later converted to a work shop for the family when the farm was discontinued and land sold off. The current family has no need for a work shop and the family wishes to use the space as a private recreational space. The structure will continue to be accessory to the residential use. 100-13 Definitions "Accessory Building or Structure- a building or structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building" The barn complies with this definition. The structure is detached, on the same lot, subordinate to the dwelling. "Accessory Use" - a use customarily incidental and subordinate to the main use on the lot, whether such "accessory use" is conducted in a principal or accessory building. The recreation room is for the single family residential use- reuses the unique space found in the barn and preserves a cultural resoume (original barn). (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing barn is a preexisting structure previously used by the farmer. The Latsen Family (previous owners) used it as a work shop (also an accessory use), the proposed use will be private recreational space. The family wishes to retain the character of the old structure, relocate it to a conforming location and reuse it. The exterior remains as is but the interior will be made only one floor (existing 2nd floor will be removed) (3) The amount of relief requested is not substantial because: The existing structure will be made more conforming by relocating it to a conforming set back. The interior will be made more conforming by converting the space to one floor. The Bam will be used for recreation- play room. A customary and accessory use to a single family dwelling (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The structure is existing- the original old barn on the property. The area is no longer farmed and the reuse of an existing barn preserves the structure. (5) Has the variance been self-created? ( )Yes, or ( X )No. If not, is the construction existing, as built? ( )Yes, or ( X )No. The existing structure is to be preserved. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The property is residential, the house and accessory structures predate zoning. The barn has no use as a farm structure therefore the previous family converted the use to a "work shop". The present owners do not need a work shop, therefore, reuse of culturally significant structures is preferred to demolition. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Sworn to before me this day of ,~c4c~/, 200 ~ ~(Not~ry Public) tS~i~ture of Appellant or Authorized Agent (Agent must submit Authorization from Owner) MARGARET C. RUTKOWSK! Notary Public, State of New Yod; No. 4982528 Qualified in S~ffolk Court_ _ Commission Expires June ~, -~oc~ · 3;/©~'~)FFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: MEMORANDUM James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: September 27, 2007 Re: ZBA File Ref. No. 5948 (Stanton) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is exempt from review pursuant to Chapter 268-3, F. Exempt Minor Actions, item F which states: Only actions before the ZBA that consider natural protective features are required for review. F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] Attached is the LWRP review that was written for the Board of Trustees for the same proposal and a copy of the issued permit for your use. Attachment MT/hkc APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehdnger James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 28, 2006 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5948 (Stanton) Dear Mark: We have received an application for reconstruction of a home on Town Creek in Southold, and shown on the enclosed site map. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 September 24, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: PHILIP STANTON AND JENNIFER STANTON PROPERTY ADDRESS: 522 TOWN CREEK LANE, SOUTHOLD SCTM: 1000-64-1-14.7 Dear Neighbor: I represent the above with regard to his property located at Town Creek Lane, Southold, New York. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for an interpretation of Section 280-121-C of the Code, variance concerning height of the accessory barn building to be relocated and enlarged, at a height that exceeds the code limitation of eighteen (18) feet and reversal of the Building Inspector's July 14, 2006 decision which the Building Inspector decision states that the use after relocation, renovations, and conversion is not permitted under the code as an accessory use. A copy of the legal Notice is enclosed together with a copy of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, OCTOBER 18, 2007 AT 1:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr & Mrs. Philip Stanton Kahn Architects Joe Tuana alY yours, 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 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 September 17, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5948 (Stanton) Dear Mark: We have received an application for additions/alterations to premises on Town Creek in Southold and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. ZBA jurisdiction is with regard to the barn as shown on the attached map. The location of the barn appears to be exempt; please advise whether or not the barn is in LWRP jurisdiction. Thank you. Very truly yours, JAMES DINIZIO, JR. By: 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 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: James King, President Board of Town Trustees Office of the Zoning Board of Appeal~ August 22, 2006 New Application - Stanton Barn (64-01-14.7) ZBA #5948 Our office today received a copy of a letter dated 8/21/06 to the Town Trustees from Patricia C. Moore, attorney at law, regarding the above application. Although it may not be relevant, our office wishes to clarify that the ZBA did not ask for a 'letter of no jurisdiction regarding the bam.' Our department asked for copies of the LWRP form which were missing from the submission filed with the ZBA, and later when available, copies of the LWRP consistency reply and other Town agency determinations, when available. Thank you. cc: Patricia C. Moore, Esq. Telephone (631) 765-1800 Fax (631) 765-6145 SOUTHOLD TOWN LANDMARK PRESERVATION COMMISSION Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 August 24, 2006 Mr. James King Chairman, Board of Trustees Southold Town P.O Box 1179 Southold, NY 11971 Dear Mr. King: RE: Stanton House 522 Town Creek Lane, Southold, NY SCTM ~4-1-14.7 Southold Town is home to much of the oldest and finest architecture on Long Island, in fact in the Northeast. As these landmarks vanish, we are losing an important part of our hedtage that dates from 1640. Philip and Jennifer Stanton, owners of the Southold landmark known locally as the Downs-Horton-Millard-Latson House, have requested a Wetland Permit from the Trustees to demolish the existing residence at 522 Town Creek Lane and rebuild a new dwelling Built ce. 1860, this home has had a long and storied past making it one of the great local houses of the 19th. and 20th centuries. Its position on Town Creek makes it a remarkably strong landmark. Many of the building's odginal and distinctive features survive. Prior to its purchase by the Stantons, it had remained in the same family for over 104 years. Demolishing it would destroy forever a significant addition to the built history of Southold Town and Suffolk County. The mission of the Landmarks Preservation Commission (LPC) is to help preserve the Town!s many landmarks. The Stanton house was part of an inventory of the Town's landmarks conducted by the Society for the Preservation of L.I. Antiquities (SPLIA) in 1987. It is eligible for listing in the Town's Register of Historic Landmarks. A number of benefits accrue to buildings on the Register. The LPC would have to approve any exterior alterations or the demolition of a registered landmark. Since the Stanton house is not yet a registered Town landmark, the LPC cannot take a legal position, but we feel we must take a morel stand against the proposed demolition of this landmark. We feel strongly that there are alternatives to removing it forever from the local landscape. We understand that the Stantons 2 have restored a neighboring historic house and are supportive of preserving Southold's unique architectural heritage. The LPC urges you and the Trustees to recommend to Mr. and Mrs. Stanton that they consider these substitutes to demolition: · Stabilize the exterior of the house while maintaining its historic character; · Do a complete interior renovation. Redo the interior to their taste with new mechanical systems, new kitchen and baths, etc. Stabilizing and renovating would be more cost effective than demolishing and rebuilding. The VVhitaker-Thompson House on Main Street in Southold, now the Beninati real estate office, is a prime example of preserving a local landmark that was threatened by demolition. If the Stantons follow our recommendations, the LPC would support their applications before the Trustees and the Building Department. Again, the Landmarks Preservation Commission urges the Trustees to recommend alternatives to demolition to Mr. and Mrs. Stanton for their landmark house at 522 Town Creek Lane, Southold, NY. Thank you for your consideration. If you need additional information, please contact me at (631) 734-6507 or by e-mail jf.qrathwohl~msn.com. Sincgrely, ~ '---Landmarks Preservation Commission CC: Supervisor Scott Russell Members, Town Board To: Southold Town Zoning Board of Appeals From: Patricia C. Moore Re: Stanton Accessory Structure Hearing: October 18, 2007 The Stanton property includes a single family home, a detached garage (smaller barn) and a unique two story vintage barn. The existing barn is 26'8" to the ridge line and contains two stories of living space inside the barn. The existing building was a barn used in the 1800's for agriculture, later in the 1950's converted to a work shop (accessory use) for the Latson family when the farm was discontinued and land sold off. The current family has no need for a work shop and the family wishes to use the space as a private recreational space. The barn presently houses the family's exercise equipment. The structure will continue to be accessory to the residential use. The original barn structure is being retained, as is, with a new foundation at the same height off the ground in a conforming location. The setbacks of the structure is currently nonconforming and the nonconforming setback will be eliminated and therefore the structure will be made more conforming as to location. The proposal is to reuse the barn structure as a recreation room. In order to retain the existing antique beams and expose the barn framing the architect has designed a one story bathroom addition. The interior beams will be preserved and a fireplace added to the existing structure. The existing second floor will be removed and bam beams exposed up to the cathedral ceiling. The reuse of this antique structure will be preserved and restored. Interpretation: As to the Determination of the Building Department that the proposed reuse of the barn is not a "permitted use" is incorrect and must be reversed.- the code does not prohibit these uses, it is left to changing needs of a community. A recreation room is a customary accessory residential use. The structure contains a finished first and second floor which is a pre-existing nonconforming structure with a "workshop" accessory use which the prior owner, Mr. Latson enjoyed. The owner does not need a work shop but would like to reuse the space as an accessory TV/recreational space. The space is intended for a sofa, television and pool table for Mr. Stanton toenjoy. The reuse of existing culturally significant structures should be encouraged. Unused accessory buildings become "white elephants" which take up lot coverage square footage. The adaptive reuse of accessory buildings has been permitted for "pool houses" by the building department. 100-13 Definitions "Accessory Building or Structure- a building or structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building" The barn complies with this definition. The structure is detached, on the same lot, subordinate to the dwelling. "Accessory Use" - a use customarily incidental and subordinate to the main use on the lot, whether such "accessory use" is conducted in a principal or accessory building. The recreation room is accessory to the single family residential use and reuses the unique space found in the barn and preserves a cultural resource (original barn). VARIANCE STANDARDS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: All of the adjacent properties are owned by the applicant: to the west, Tax Lot 1000-64-1-12 contains an 1800's house which was the first house to be restored. The property to the north, Tax map 1000-64-1-14.4 contains a small cottage. The applicant is waiting to close title on the five acre property to the east Tax Map 1000-64-1-29 (Estate of Elizabeth Todd). Therefore the applicant has no neighbors which will be adversely impacted by this application. The family is undertaking a renovation of all the buildings on the property. The applicants is prepared to relocate the existing barn to a conforming location. Therefore reduce the nonconforming location which is less than 10 feet from the property line. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing barn is a preexisting structure previously used by the farmer. The Latsen Family (previous owners) used it as a work shop (also an accessory use), the proposed use will be private recreational space. The family wishes to retain the character of the old structure, relocate it to a conforming location and reuse it. The exterior remains as is but the interior will be made only one floor (existing 2nd floor will be removed) (3) The amount of relief requested is not substantial because: The existing structure will be made more conforming by relocating it to a conforming set back and removing the second floor space from inside the structure. The interior will be made more conforming by converting the space to one floor. The Barn will be used for TV/recreation room. A customary and accessory use to a single family dwelling (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The structure is existing- the original old barn on the property. The area is no longer fanned and the reuse of an existing barn preserves the structure and insures it's continued preservation . (5) Has the variance been self-created? ( )Yes, or ( X )No. If not, is the construction existing, as built? ( X )Yes, or ( )No. The existing structure is to be preserved. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: The property is residential, the house and accessory structures predate zoning. The barn has no use as a farm structure therefore the previous family converted the use to a "work shop". The present owners do not need a work shop, therefore, muse of culturally significant structures is preferred to demolition. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. CONCLUSION: The adaptive reuse of an accessory building to a customary accessory residential use can be controlled by a notation on the Certificate of Occupancy or by recorded Covenants & Restrictions such that it remains limited to only an accessory use. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel.: (631) 765-4330 Fax: (631) 765~4643 August 21, 2006 Southold Town Zoning Board of Appeals P.O.Box 1179 Southold, NY 11971 Re: Stanton Barn 1000-64-01-14.7 Dear Linda: Enclosed is the LWRP filed with the Trustees application. I have requested a letter of "no-jurisdiction" for the relocation of the existing Barn and conversion of the Barn to recreation room. The location of the existing barn is more than 150 feet from the edge of wetlands and the barn will be relocated to behind the house at 6200 feet from edge of existing wetland. Thank you for your courtesies. Very truly yours, P'atricia C. Moore APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) AUG I 2006 Applicant: Phillip and Jennifer Stanton Date Prepared: July 27, 2006 I. For Demolition of Existing Building Areas Please describe areas being removed: relocation of existing barn to conforming setbacks and reuse of structure to recreation room. II. New Construction Areas (New Dwelling or New Additions/Extensions): relocated existing structure: Dimensions of first floor: See John Ehlers Survey dated 9-23-02 - existing barn 30.5 feet x 24.5 feet Dimensions of new second existing interior second floor removed- expose beams to ceilin~(all interior work) Dimensions of floor above second level: none Height (from finished ground to top of ridge): existing structure Is basement or lowest floor area being constructed? Either slab or foundation-to be determined based on elevation at grade ( existing ramps replaced with steps) as needed for standard step up from grade. If yes, please provide height (above ground) measured from natural existing grade to first floor: (more than 18 feet) (see elevations) existing structure is 26'8" to ridgeline III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing barn relocated and converted to recreation room. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: approx, sq.ft, of House 3647.1 Barn . existing with ramps 1059 sq.ft., proposed pool 3,869.3 and garage 379.3 sq.ft.~ett~ ar,/Jm/ad',) Proposed increase of building coverage: 63sq.ft. Bathroom addition and fireplace 17.28 sq.fi. (To existing barn): Total 8,947 sq.ft. (Barn relocation and reuse only variance) no change to lot coverage Square footage of your lot: 58,481 {1.31 acres) Percentage of coverage of your lot by building area: 15% V. Purpose of New Construction Requested: restore and reuse of existing barn VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): existing accessory structures preserved Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 QUESTIONTqAIRE FOR FILING 5VITH YOUR Z.B.A. APPLICATION Is the s't~bject premises listed on the real estate market for sale? [] Yes ~.ix~ o Are there any proposals to change or alter land contours? [3 Yes ~(ixl o 1) Are there any areas that contain wetland grasses? ~/'~ 2) Are the wetland areas shown on the map submitted with this application? 'gT~x 3) Is the property bulkheaded between the wetlands area and the upland building a~e'~? 4) ~fyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? /~tO Please confrere status, of your inquiry Qr applicati°n w th the Trustees: A~o J"c'rt~:qt¢cO~- /-/t~z.d4 r'&flO'/,t~l;M_ - Is there a depression or sloping elevation near the are ed construction at or below five feet above mean sea level? /v'0 Are there any patios, concrete banders, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Ale _ (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? ~ -:..- If yes, please submit a copy of your building permit and map as approved by the Bt~ilding Department and describe: H. ]Please list present use or operations conducted at this parcel and proposed use single*fam/ly; proposed: same with garage.) k._Auth'6'rized Signature and Dat~ you or any co-owner alSOon OWnyour map°ther land this application.el°se to this parcel?, k./~ ~ ) IDh°e proximity of your lands with F~ij~ If yes, plea4e 2/05 label 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT I SPONSOR 2 PROJECT HAME PRECISE LOCATION: Street Addoss and Road IntersecUons. Prominent [andrrf~rk~ etc -or Drovide mad AUG ! 006 IS PROPOSED ACTIOH: [] New []Expansion r~ModificatJo~-ilaaeration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT F LAND AFFECTED: Iht,ally ~3,~ acres UiUmately /~ 5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~ Yes L-J No It no, describe bdefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many asapply.) ~P. Residential [~lndustdal []Commercial E~Agriculture [] ,ark l ForestlOpen Space E~other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor Local) ]Yes [~No If fist name and / yes, agency permil approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r-]Yes ~'~No If yes, list agency name and permit / approval: I . AS A ~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Applicant o. ~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 10/17/2007 12:43 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~003 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PHILIP STANTON AND JENNIFER STANTON AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-64-1-14.7 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, William D. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 15t" day of October, 2007, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon (amended per ZBA), securely upon the 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 Sworn to before me this ./(.~ay of October, 2007 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 10/17/2007 12:42 FAX 631 765 4643 MOORE LAW 0FFICES ~ ZBA ~002 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PHILIP STANTON AND JENNIFER STANTON AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-64-1-14,7 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 4th day of October, 2007, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 the date of the subject hearing date, which hearing date was shown to be Thursday, October 18, 2007. Sworn to before me this ~day of October, 2007 ! *near the entrance or driveway entrance of the property, as the area most visible to passersby. 10/17/2007 12:43 FAX 631 765 4643 MOORE 1AW OFFICES ~ ZBA ~004 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PHILIP B. STANTON AND JENNIFER STANTON (Name of Applicant) CTM Parcel #1000-64-1-14.7 COUNTY OF SUFFOLK) STATE OF NEW YORK) -X AFFIDAVIT I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 17a day of October, 2007, I personally transmitted via facsimile a true copy of the Legal Notice together with forwarding letter addressed to the most current address of the deceased owner shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for property known as sctm; 1000-64-1-26, Elizabeth J. Todd. KIl~t Sworn to before me this ~ day of October, 2007 (Notary Public) MARGARET O. RUTKOWS#] Notary Public, State of New YO~ No. 4982528 Qualified In ~uflolk Ootalt~ _. / Oommis~ion Explr~June~, ~,~'/ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PHILIP B. STANTON AND JENNIFER STANTON (Name of Applicant) CTM Parcel #1000-64-1-14.7 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of September, 2007, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property 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. ~rSignature)/,'~) ~. ?3ETSY PERKIKIS Sworn to before me this"'-- /'/ day of September, 2007 -~' (Nof~ry Public) - MARGARET C. RUTKOWSKI Notary Public, State of New ¥o~k No. 4982528 Qualified in Suffolk County _ ,, · ~.~mm Le~ionExn res uneJ ,, --_~..~..L/ ' i i J PLEASE hst, ot~rfe'~'k-o~r this Affidavl-~t-6r on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed· Thank you. PHILIP STANTON AND JENNIFER LAMBERTS 18 ORCHARD STREET, APT. 5 NEW YORK NY 10002 SCTM: 1000-64-1-12 ELIZABETH J. TODD TRUST 15913 HUTCHINS MILL ROAD MONKTON MD 21111 SCTM: 1000-64-1-29 NIRRENGARTEN TRUST PO BOX 883 SOUTHOLD NY 11971 SCTM: 1000-64-1-22 PHILIP STANTON 18 ORCHARD STREET, APT. 5 NEW YORK NY 10002 SCTM: 1000-64-1-14.6 STANTON NEIGHBOR LIST SCTM: 1000-64-1-14.7 RECEIPT 71926463311000004445 FROM: Patricia C Moore Esq. RE: STANTON ZBA SEND TO: PHILIP STANTON AND JENNIFER LAMBERTS 18 ORCHARD STREET, APT 5 NEW YORK NY 10002 FEES: P~stage 041 RECEIPT 7192 6463 3119 o0o0 4~69 FROM: Patr~a C MoOre Es9 RE: STANTON ZBA SEND TO: NIRRENGARTEN TRUST PO BOX 883 SOUTHOLD NY 11971 FEES: pc~tage 0 41 Cerii[~d Fee 265 RECEIPT 71926463311000004452 FROM: Patncia C Moore Esq RE: STANTON ZBA SEND TO: ELIZABETH J. TODD TRUST 15913 HUTCHINS MILL ROAD MONKTON MD 21111 FEES: TOl~AL ~D~ ~2_, $5.21 RECEIPT FROM: SEND TO: PHILIP STANTON 18 ORCHARD STREET, APT 5 NEW YORK NY 10002 FEES: Postage 041 / -,,~/ PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 2. Arti;~;Tt~r4h3 3110 000D 4469 7192 6463 3110 0000 4469 C. Date of Deliven/ 1. Article Addressed To: NIRRENGARTEN TRUST PO BOX 883 SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Si ature: (El ressee DAgent) Received E~ (Please ~rinL C~arly) I Date of Delivery 4. Restricted Delivery? 3. Service Type (Extra Fee) [] CERTIFIED Yes 2. Article Number 7192 6463 3110 0000 4445 7192 6463 3110 0000 4445 1. Article Addressed To: PHILIP STANTON AND JENNIFER LAMBERTS 18 ORCHARD STREET, APT. 5 NEW YORK NY 10002 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Service Type (Extra Fee) [] CERTIFIED Yes 2. Article Number 7192 6463 3110 0000 4476 7192 6463 3110 0000 4476 t. Article Addressed TO: PHILIP STANTON 18 ORCHARD STREET, APT. NEW YORK NY 10002 PATRICIA C. MOORE Attorney at Law ~1020 Main Southo[d, New York 11971 ELIZABETH d' TODD TRUST 1~913 HUTCHINS MILL ROAD MORKTON MD 21111 hd,l.dl.dh.lh"ll~ 10/17/2007 12:44 FAX 631 765 MOORE LAW OFFICES ~006 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 FACSIMILE COVER SHEET Thepage~c~mprisingthisf~csimi~etransmissionc~ntainc~n~dentia~inf~rmati~nfr~mPatriciaC~ Moore. This information is intended solely for use by the individual entity named aa the recipient hereof, If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in effor~ please notify us by telephone immediately so we may arrange fo retrieve this transmission at no coat to you. TO: ROLLINS SMALKIN RICHARDS & MACKIE RE: ESTATE OF ELIZABETH TODD TO STANTON TOWN CREEK LANE. SOUTHOLD. NEW YORK FAX NO: 1~110-727-8390 CLIENT NAME: OPERATOR: comments: IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AB POSSIBLE. Attached please find a neighbor notice which I sent out on behalf of my client, Philip & Jennifer Stanton for a variance application. The original notice was returned (see attached copy of envelope) I understand that they are presently in contract to purchase this property. Thank you and please do not hesitate to call should you have any ques~, s. DATE: 10-17-07 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET 10/17/2007 12:44 FAX 631 705 0/17/2007 11:45 FAX 631 765 MOORE LAW OFFICES MO01~ LAW OFfiCES REPORT ~]005 I~oot TRANSMISSION OK TX/HI NO CONNECTION TEL $1/BADDRES S CONNECTION II) BT. TIRE USAGE T PGS. SENT RESULT 1829 10/17 11:42 01'11 5 OK 14107278390 · PATRICIA C. MOORE AffomeyatLaw 51020M am Road Souffio~, NewYo~ 11971 Tel: (831) 765-4330 Fax: (631) 765-4843 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidentialinformeUon from Patois C. Moore. This Infarms~on Is Intendecl soiely for use by ~he individual entity named as the recipient hereof. If you are not the Intended recipient, be aware that any disclosure, copyfng, distribution, or use of the contents of this bansmission is prohibited. If you have recsived this transmission I~1 error, please noUfy us by telephone immediately so we mey arrange to retrieve this bansmiseion at no cost to you. TO: ROLLINS SMALKIN RICHARDS & MACKIE FAX NO: 1-410-727-8390 RE: ESTATE OF ELIZABETH TODD TO STANTON TOWN CREEK LANE. $OUTHOLD. NEW YORK DATE: 10-17-07 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: Attached please find a neighbor notice which I sent out on behalf of ~y client, Philip & Jennifer Stanton for a variance apglication. ~IG BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail 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, Southoid website: http://southtown.northfork.net September 13, 2007 Re: Town Code Chapter 55 - Public Notices for Thursday, October 18, 2007 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 September 24th: 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 all 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements 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 September 25th: 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 October 5th: 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 Posting prior to October 17. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: STANTON, P. and J. #5948 MAP #: 64-1-14.7 APPEAL: BARN RELOC. & ADDITIONS VARIANCES: USE, HEIGHT, BACK DATE: THURS, OCT t8th ' 1-'00 PM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net ~ATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 3, 2006 Zoning Appeal No. 5948 Transmitted herewith is Zoning Appeals No. 5948 of Philip & Jennifer Stanton - the A; ?iication to the Southold Town Zoning Board of Appeals. Also enclosed is a letter from the >,,,'-~e-s giv-i:2g attthorization to Patricia C. Moore to file on their behall; a cover letter to the ;5.B.A. fron~. Patricia C. Moore describing the enclosed documents, a Questionnaire for Filing with the Z.B.A. Application, Applicant's Project Description, Transactional Disclosure Form, a Short Environmental Assessment Form, Pre-Existing Certificate o£Occupancy dated 8/14/02, Building Department Housing Inspection Report, Town of Southold Property Record Card, Notice of Disapproval dated July 14, 2006, (6) color photographs of the Stanton Bm-n, a Survey ot'the property, and a Square Foot Analysis of the proposed project. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 July 31, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Phillip & Jennifer Stanton 1000-87-3-52 AUG 1 2006 Margaret Rutkowski Betsy Perkins Secretary Dear Chairwoman and Board members: Enclosed please find my check for the application fee of $600 and 7 packets of the following documents: 4 o Notice of disapproval Survey of the property with existing conditions Photographs of the existing barn- John Ehlers is in the process of staking the proposed location of the barn Proposed site plan prepared by Robert Kahn, Architect Variance Application with questionnaire & project description Transactional disclosure me. cc: If you need anything else Phillip & Jennifer Stanton Robert Kahn, Architect Joe Tuana please do not hesitate ours, ~--~ricia C. Mo~e to contact ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8 / 1 /06 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 5948 Stanton, Phillip & 5626 $600.00 Jennifer AUG 3 200(~ Sou~hohl Tow. Clerl, TOTAL $6oo.oo By l',~/ Thank ou. O~te: 08/03/06 ', ransaction($): 1 Town Of Southofd P.O Box 1179 NY 11971 * ** RECEIPT*** Application Fees Receipt#: 5626 Reference Subtotal 5948 $60000 Check#: 5626 Total Paid: $600.00 Stanton, Philip.& Jennifer 18 Orchard St-Apt #5 New York, NY 10025 MICHELLE InternalID 5948 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Philip and Jennifer Stanton, owner and Patricia C. Moore, Attorney (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.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance X *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, 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 If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) 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 None Submitted this ,~.,/f~Y~~'-'~ Signature: / ,W t' 7'-//,----'/,,"~"~ Print Name: ~ & Jennifer Stanton S ignatu e"~~~ -- Print Name: Patricia C. Moore Esq. Philip B. Stanton Jenmfcr Lamberts Stanton t 80rcl~ard Street, #5 Ne,*' York NY 10002 June 12, 2006 Patri¢ia C. Mom'e, Esq. 51020 Mai~ Road gmthold. NY 11971 Dear Ms. Moore: We. Philip B. Stanton and Ie~mJfer Lamberts Stanton, hereby authorize you to make any and all appiications to the Suffolk County Health Department, Town of So~thold Zoning Board, Town of Southold, Souttmld Town Trustees, DEC and any other aecessaw agencies on om' behalf regarding our property, located at Youngs Avert ue, Southold, New York Philj¢4~. Stanton LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 18, 2007 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 1 f 971-0959, on THURSDAY, OCTOBER 18~ 2007 1:00 P.M. PHILIP B. STANTON and JENNIFER STANTON #5948. This is an Appeal based on an application for a building permit, to relocate an accessory barn building and after relocation and additions of the accessory barn, to use the barn as a game room, adding bathroom facilities and a fireplace. Applicants request: (a) an Interpretation of Section 280-121-C (formerly numbered 100-31-C); and (b) Variance concerning height of the accessory barn building, to be relocated and enlarged, at a height that exceeds the code limitation of eighteen (18) feet, (c) Reversal of the Building Inspector's July 14, 2006 Decision, which Building Inspector decision states that the use, after relocation, renovations, and conversion, is not permitted under the code as an accessory use. Location of Property: 522 Town Creek Lane, Southold; CTM 64-1-14.7. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours 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: September 17, 2007. ZONING BOARD OF APPEALS JAMES DINIZlO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address/USPS) P.O. Box 1179 Southold, NY 11971-0959 The Suffolk Times ,, October 4, 2007 · 23B LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS IttURSDAY, OCTOBER 18, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, put- Oak Avenue, Southold; CFM 77 2-10. 9:55 A.M. MICHAEL and BETH NEUMANN g6077. Request for a Vari ance under Section 280-i5, based on the Building Inspector's June 28, 2007 Notice of Disapproval concerning a pro- posed accessory swimming pool, partly in a side yard instead of a rear yard, at private right-o~way extending from the north side of Grand Avenue (House #3329), Mattituck; ('TM 107 1 I2. 10:lOAM. LAURA A WEIL #6078 Requests for Variances under Sec tions 280-122, 280q24, 280-116B, based on Zoning Code Interpretation #5039 (Walz Application) and the Building In- spector's July 30, Notice of Disapproval concerning proposed additions and terations ~o tile existing dwelling, w0ich (formerly WAREX TERMINAL (100-102), 280-122 (f00-242A based on plieation), and 280-50C (100 103C), and 25 feet; (2) following the proposed extension of the existing canopy, there will be an increase in the degree of nonconfor- mance for the front yard setback from the Main Road NYS Route 25; (3) following the proposed exten- sion of the existing canopy, there will be an increase in size (as a single separate structure) that will exceed the code max imum of 60 linear feet of frontage on one street (Factory Avenue). Location of Property: CITGO Gas Station, Corner of Factory Avenue at 9945 Route 25 (a/k/a M;;in Road), Mattituck; CTM 142-1 27. Zone Dis trier: B General Business 2:00 PM DAN[EL and [ELAINE Hoffman), and (2) based on the Buildin~ USPS) #8544 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing onL4be- ~f~--,H d~ay of October1 2007. _ Principal Cler Sworn to before me this 2OO7 day of~~ NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Sullolk Counly #8628 '~ ,' 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 a week for 1...!__ week(s), successively, commencing on the 6th day of December, 2007. Principal Clerk Sworn to before me this NO'TAI~Y pIJBL~C.,$TATI~ OF NEW YORK No 0~-VO6105050 Quall*~ed ~n Suffolk County ~omn,;5,:~-r~ E~p~s February 28, 2008 side iproperW lille; :a~ ~on of . 28~t~:a1~[ g8~5, based on the Build- p rkmga~ea ~s Iocated:m an~.P~.-~..~:~esl- 43f D~s~I~pro~fi} :coneerning::pr0posed states s penmtted upon appro~aLB~rhe ; accesso~ bul ding for. use as the own- Board ~f Appeals under Section 280-78- B4. ~e existing buildings ~re proposed to be demolished. Loc~tinn of Property: 11500/11600/11700 Main Road INYS Route 25)and Joh~!~ (priva[g) Road, M~ttithek; ~ !22~3 !.2, 2, 57I and i7. · 10:00 ~.ivi. :BRE~WERS YACHT YARD #6102. Request for Variaac&s der .Suctions 280-}5 and280.~ 16Bibased 241 in~ a pvdpos~d acce~s~ ~a~0n tu~8 at ~n amefidbd height ~h~h ~i %xceed the code ~mtion o~ 22 feet(as pe[ amended plan an~ in fi}~ocafidn at less th~n 75 feet to the bul~head} at 5~ BeaCh Road, Greenport; ~ District: Marine H. efts studio/workshbp. The Building In spector states that the following are not permitted under the Zoning Code for accessou buildings: (10 habitable space as shown in the proposbd layout of the access0rv building, ~2) setbacks from the side and rear lot lines at less than three feet~ and (3) proposed dormers exceeding 40% of the roof width. Lo cation of pf0Perty: 355 Skippers Lane, ohent ~124~24.-' 2:~0 EM. THOMAS and MARY IRENE MARRON #6110. Request for Variances under Sections 280-124B and 280-124; based on an application for t~ buildh~g permit and the Building In spectof s September 27, 2007 Notice of Disapprova!,:concerning a proposed ad- 1'0;10 A.M, PAFR1CIA DAWSON dition tO ~he exisling dwelling as living uest for Variances under area (msi.ead 6~;garage area applied for 16B, based, under ZB~#Sy97;2005),which hddition October 11, as mo~ed ~ili I/~ less than less than 15 coucern- at 3i25 Wells and al- J, COUTTS Hallenbeck pplication g a 16;599 Notice Of Disapprov- to unmerge building ). square feet proposed foot 10t al- (LB) PUBLIC IlEAl[tINGS NOTICE I~ HEREBY GIVEI~, put wl~cl~ will suant to Section 267 of the Towr Lau and Chapter 280 (Zoning), Code of the Pown of Southotd the tollowmg pubbc nearmg~ will be Ueld by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS :u the Town Hall 53095 Main Road. RO Box t179. Southold. New York ! 1971 0959. on TITURSDA¥. DECEMBER 20 2007: 9:30 A.M. END OF THE ROAD LLC #6013 Request mr Variances under Sections 28{)49 and 280-78B-I easea on [lie Building hlspcctor's No- '/nd front yara setba6ks are less ~ban 35 feet. A so proposed.are adthti6n~-at less ~han the code requ[ed 35 feet rear setbabk.and front setbffek (newa~6ncon- ~o~nthies: under the code requirements. Location of Properry:l.025 Cedar Road, 1:~0 RM. SOUTHOLD PARK DISTRICT #6105. Requost fg~ a Vari- ance under' S~etion 280-14~ ?oased on 1he Budding Inspector's Novembe~ 9. 2007 amended Notice of Disapprovat ;oncernlllg proposed additions and teranons to an ex~srmg vuilding at less than the code-requffed minimum of 60 feet from [he front lot Line. Location of Property: 5345 Sou$h Hatbox Road. Southold¥CTM 87q-18;7 Request ,for V~adances under. Sections at {631)7.654809~,or by email: Lmda Kowalsld~Town'~outllg~d.ny;us. Dated: No¥~mb~t*26~00% ' ZO~L~G 'I~OF APPEALS (©©~_/~.,~ i,.L,~.~OWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~'~;~_. J VILLAGE '-" ~"~t'ST.' SUB. LOT ~' -- r-. S W ~PE OF BUILDING ~' Z (O s~s. VL. J FARM CO~. CB. MICS. Mkt. V.b~ ~ND IMP. TOTAL DATE R~RKS 'ill~l~ ~ ~O~T~ O~ ~T~ ~~__ ~ ~ V~la~ FRONTAGE ON ROAD ~ DEPTH ~ P~ BULKH~D COLOR ~ ~ I '~ ~ TRIM M. Bldg. Exteneion Extension ~xt~ns~on Sc. JForch Breezeway Garage Patio Total /3 Basement Interior Finish Walls Fire Place Type Roof' Recreatior~'-~R~oom Dormer , r Both ' F oors Heat Rooms Ist Floor Rooms 2nd Floor Driveway inette !DR. JBR. FIN. B EXISTING TOP OF ROOF EXISTING ROOF EXISTING DORMERS EXISTING EXT, BARN DOOR & . OPENING NEW INT, SLIDING GLASS DOOR ' NEW FOUNDATION 1 Elevation South NEW METAL ROOFING IEW FIREPLACE & CHIMNEY PROPOSED NBN ADDITION, SIDING & __ TRIM TO MATCH EXISTING 3 Elevation North lOZx ¢. NEW FIREPLACE & CHIMNEY EXISTING TOP OF ROOF EXISTING ROOF EXISTING DORMERS NEW EXT, BARN DOOR & OPENING TO MATCH OPPISITE SIDE NEW [NT, SLIDING GLASS DOOR NEW FOUNDATION EXISTING TOP OF ROOF EXISTING ROOF EXISTING DORMERS EXISTING EXT, BARN DOOR TO BE FIXED (INT, OPENING TO BE FILLED) NEW FIREPLACE & CHIMNEY NEW FOUNDATION ~ll~rTrTM II~T~T I TrT r? FII r,rrr T7111 PROPOSED NEW ADDITION, SIDING S TRIM TO MATCH EXISTING 2 Elevation East . EXISTING· TOP OF264~±R,O,O, F ~ FYTYTTI EXISTING ROOF T TII TYTT TTTTF-KYTTTT~ITTTTT~TT~IT~T EXISTING DORMERS NEW EXT, BARN DOOR & OPENING TO MATCH OPPISITE SIDE NEW INT. SLIDING / SWINGING GLASS DOORS 4 Elevation West PROPOSED NEW ADDITION, SIDING & TRIM TO MATCH EXISTING NEW FOUNDATION Filing Set Progress Print Progress Print 19 June 2006 2 December2005 24 June 2005 Robert Kahn Architect 61 [ Broadway Suite 424 NewYod¢ NewYorl< 10012 212 473'0098 F~212 353'1933 Stanton House 522 Town Creek Lane Southdd, NY 11971 Elevations Date Job No. Scale 06,22.05 0430 1/4": 1'-0" A3 I 1 Section looking North - 1/4"= 1'-0" 2 Section looking East- 1/4"= L 3 Wall Section at Door Pocket - 3/4" = 1'-0" EXISTING RooFrNG AND FRAMING EXISTING TOP PLATE ATTEN TO MATCH TOP PLATE [DING BARN DOOR ATT INSULATION FOR NEW SLIDING DOOR (see NEW INTERIOR SIDING TO MATCH EXISTING EXTERIOR (INTERIOR FACE) BATTENS, PATTERN TO MATCH EXISTING FRAMING D FLOORING AND SUB-FLOOR. V.I,F NEW 2x P,T, SLEEPERS NEW CONCRETE SLAB ON NEW FOUNDATION AND FOOTINGS Filing Set Progress Print ProgreBs Print 19 June 2006 2 December200§ 24 June 2005 Robert Kahn Architect 611 Broadway Suite 424 NewYork, New York 10012 212 473'0098 Fax212 353.1933 Stanton House 522 Town Greek Lane Southold, NY 11971 Sections Date Job No, $cde 06.22.05 0430 As Noted A4 10T 14.6 ara LOT 4 Site 0 10 50 100 Filing Set Progress Print Progress Print Robert Kahn Arch 61 I Broadway Suite 424 NewYodq Newyork 10012 2 2 473'0098 Fax2 2 353' Stanton House 522 Town Creek Lane Southold, NY 11971 19 June 2006 6 June 2006 2 December2005 24 June 2005 Robert Kahn Architect F~x 212 353' 1933 Date Job No, Scale 06.22.05 0430 1"= 20' A1 NEW RECREATION ROOM LOCATrDN 1 Plan Demolition II II II REMOVE FLODR & FRAM]NC ABOVE lib PREPARERAFTERSFORNEWCROSSTIES II ~REMOVE COLUMNS II REMOVE PARTITION ABOVE II EXISTING EXT, BARN DOOR& OPENING NEWI T, SLIDING GLASS DOOR NEW XT. BARN DOOR & OPENING TO __ ~ MATCH OPPISITE SIDE Pool Table Sitting Bar ' II I ¸%-- 2 Plan Proposed PROS'-11~' N ~, / EXISTIN~ EXT, BARN DOOR & OPENING EXISTING EXT, BARN DOOR TO BE FIXED (INT, OPENING TO BE FILLED) E~ EPLACE& CHIMNEY ORIGINAL RECREATION ROOM LOCATION Filing Set Progress Print Progress Print 19 June 2006 2 December2005 24 June 2005 Robert Kahn Architect S I I Broadway Suite 424 New YoH<~ New York 10012 212 473'0098 Fax2]2 353'1933 Stanton House 522 Town Creek L~ne Southdd, NY 11971 Plans Date Job No, Scale 06.27..05 0430 114" = 1'-0" A2 SURVEY OF PROPERTY A T SOUTHOLD TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-64-01-£9 SCALE' 1'=40' FEBRUARY 15, 2005 SEPT. 14, 200? N/O/F JoHN & LUC 'x ~/o/~ s~¢~' ~' ¢~°tgs RIGHT OF N/O/ir ULLYSSE$ GALANO$ ,% BoA' o o ~Z WETLANOS v ___.~__~___~ N89°$9'IO"W ',/ V '... 228.21' Z CERTIFIED TO' PHILLIF STANTON JENNIFER STANTON 'ERESTISE TITLE FIRST AIdERICAN TITLE · =MONUMENT · =PIPE AREA = 5.3257 ACRES TO TIE LINES ANY ALTERATION JR ADDITION TO THIS SURVEY IS A t4OLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SSCTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR CORIES BEAR TI4E IMPRESSED SEAL OF THE SURVEYOR WHOSE S/DNA ~URE APPEARS HEREON, (631.) 765-5020 FAX P.O, BOX 909 12J0 TRAVELER STREET TOWN OF sOUTHOLD Z'o/~4/ AUG ~ 4 /0 , EXCAVATION INSPECTION THE ~ TEB $~'~?~ FACILIT~$ FOR ALL COMPL. Y yI?)t 7~1~ : 0c THE ~K 'C EXISTING GARAGE ETBACK FUTURE 4'dia / 8'deep DRYWEL~ __ LOCATION IYP FOR 2 AT -- ORIGINAL RECREATION ROOM LOCATION -- PROPOSED NEW POOLHOUSE & STORAGE -- PROPOSED NEW SAUNA & STORAGE -- PROPOSED NEW POOL ~ PROPOSED NEW HOUSE , ~ EXISTING HOUSE TO BE REMOV ~- ~. -- TYP FOR 4 AT'HOUSE RAMP PORCH PORCH 166.2sf 144.2sf SQUARE FOOT ANALYSIS: SITE 14.5: HOUSE (TOTAL): HOUSE 2706.3sf PORCH - 166.2sf PORCH - 144,2sf PORCH - 550.9sf STEPS - 79.5sf POOL (TOTAL): POOL 1400.0sf TERRACE - 1794.3sf POOLHOUSE - 337 5sf SAUNA 337.5sf BARN (TOTAL): BARN - 8171sf RAMP - 1073sf RAMP - 126.9sf GARAGE: TOTAL BUILDING AREA: 56,501s[ (1,30 ACRES) 3647.1sf 3869.3sf 1051.3sf 379 3sf 8947,0sf STEPS 79.5s[ SITE 14.5 56,501 sf (1 30 ACRES) 5URVE"¢ OP: LOT ,.5 A5 .SHOINN ON NAP' OF= LAN12 SHOININ® PP-.OPOSED SUE~I21VIBION I'dADE POP-. HELENbt. LATSON APPP-.OVtED DY 50UTHOL~ TOY,IN PLANNIN® E~OAt::P...~, HAY IE~, Iq-"/I 51TUA I b: .50UTHOLP N TORN: 5UP-FOLK COUNTY, NT W E Lond Now oc Formecl~ of ~' " S86°$1'00"E 9170 4 S$5O25' 52'W 95//4' Lot A~EA - 56~50! SF OR 130 ACRES GP. APHIC, SCALE I"= 50' .,c:-:!.;:~a?:.i:.:.,?'~a:.!..,... JOHN C. EHLERS LAND SURVEYOR ,: .... *a ................ ;%p, ....... 6 EAST MAIN 3TREET NYS LIC NO 50202 NY 11901 AUb I 4uuo ~ 'COUNTY OF' SUFFOLK (~) SOUTNOLD ~e~l Properly ~'ax ~ervice ~gercy Town of Southold - Letter RESOLUTION 2007-127 ADOPTED Board Meeti~of January 16, 2007 , Item # 45 JAN 2 2 2007 DOC II): 2544 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-127 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildingn" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and it is therefore RESOLVED that this action is CONSISTENT with the LWRP; and it is further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2 of 2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will Generated January 22, 2007 Page 65 Town of Southold - Letter JAN ~ ~ 2007 .Board Meeting of January 16, 200:7 reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT OR MANSARD ROOF--Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs ................... ~ ................. ~; · -'~ ........... Jv ....... , and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF--Any roof that has a pitch equal to or greater than 3:12. § 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. E'.:ch Buildings with a flat or mansard roof shall not exceed ~ sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height (square feet) (feet) Less than 10,000 18 Less than 10,000 20 Less than 10,000 22 10,000- 19,999 18 10,000- 19,999 20 10,000- 19,999 22 20,000- 39,999 18 20,000- 39,999 20 20,000- 39,999 22 40,000 -59,999 22 60,000-79,999 22 80,000 and over 22 MinimUms3(feet)Setback-side and/or rear l0 20 lO 2O 2O e~,~.~.~ r^~..,~'~ !7 !999byLL ~,T~ !~, !990;2 5 !99! ~...t Generated January 22, 2007 Page 66 'Town of Southold - Letter Board Mee f January 16, 2007 Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above.. G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Section B above. IIL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk JAN 2 2 2007 Generated January 22, 2007 Page 67