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Home My WebLink About6176 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · EO. 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> 76S-lS09 · Fax (631) 765-9064 MEETING OFAUG~ST 2~, 2008 ZBA # 6176 - J. and A. MAZUR CTM #123-5-36.2 Property Location: 3200 Camp Mineola Road (and Fay Court), Mattituck SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property contains a nonconforming lot size of 13,834 square feet, and is improved with a two-story frame dwelling with 2-car garage, as shown on the April 28, 2008 amended survey prepared by Kenneth M. Woychuk, Land Surveyor. BASIS OF APPLICATION: Zoning Code Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 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: AREA VARIANCE RELIEF REQUESTED: The applicant requests an 11 ft. by 46.3 ft. by 26 ft. L-shaped deck at the westerly front yard attached to the dwelling, resulting in a 10 ft. setback at its closest point from the westerly front line adjacent to Fay Court. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - August 21,2008 ZBA Cf 6176 - J. and A. Mazur CTM No. 123-5-36.2 1. Town Law ~267-b(3~(b){3){1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The previous home on this site was demolished, and the reconstructed house, which conforms to the Codes, was built at elevations to meet the requirements of the codes for this Flood Zone and with variances under ZBA #6044. This variance application requests a front yard setback of 10 feet from the front line along Fay Court, resulting in a 25 ft. reduction from the current 35 ft. code requirement, and lot coverage variance increase from code requirement of 20% (maximum) to 25% total lot coverage for a proposed L-shaped deck addition to the reconstructed house. The immediate area consists of five improved lots within the block, all of which have more than one front yard. The applicant's property has three front yards, similar to one other parcel also with three front yards within the block. There is no doubt that all of these properties are unique, but because of the non-conforming substandard lot areas, the balancing test for granting additional relief is challenging. At the hearing, the attorney for the applicants was asked to reduce the size and width of the open deck. The response was that the applicants needed to maintain the size of width of the "L" shaped deck for tables and sitting areas. The Board feels that alternate relief is possible and more conformity must prevail. Allowances could have been made before or during construction to allow for a greater setback and lot coverage. 2. Town Law §267-b (3)(b)(2). Although the house is built at 20% lot coverage, the applicants can plan for a reduction of relief requested with a modification of the overall size of an "L' shaped deck. 3. Town Law §267-b (3)(b)(3). The variances requested are substantial and the size and scope of this open deck can be reduced and modified. 4. Town Law §267-b {3)(b)('5). The difficulty was self-created. While the existing lot was created prior to zoning regulations and FEMA required the house to be elevated above grade necessitating elevation of building areas, the applicants could have incorporated the deck into the original design when planning the home. 5. Town Law §267-b (3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. However, the Board is sensitive to lot coverage variances after the construction of the new home (and after the fact). The Board feels that the lot coverage must be reduced inasmuch as it is excessive. Page 3 - August 21, 2008 ZBA # 6176 - J. and A. Mazur CTM No. 123-5-36.2 6. New York Town Law §267. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Olive, and duly carried, to Deny the lot coverage as applied for, and to grant alternative relief for lot coverage at a maximum of 24.3%, and to Grant the setback variance as requested from Fay Court as shown on site survey revised 7-2-08 prepared by Kenneth M. Woychuk, Land Surveyor, and diagrams A-1 and A-2 dated 4-16-08 prepared by Angel B. Chorno, R.A., subject to the following condition: The deck addition shall be open to the sky. That this condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. iTnhcereaBsO;rll~eredSeeg?eeeSotfhreor~cgohtnftcOrmS~t~.stitute a similar design t~nature for an alteration that does not Vote of the Board: Ayes: Members Goehrin~man), Oliva,.Si~~an..~k, lember Dinizio was absent.)This Resolution was duly ado.~(4~~~~'J 'd'Goehringer, Jr., Chairman~ for Filing 8//-.~'/20~' S.C.T.M. NO. DISTRICT: I000 SECTION: 12.~ BLOCK: 5 LOT(S): 36.2 PiPE FD U.p?z'' N 88'~9'30" E COt.k;. EL 7.2 MON ALLEN DRIVE EL 7.2 30' R.O,w. (NOT OPEN) 100.17 EL 7.5 EL 8.2 1ST FL EL 70.6 ~ 2 S7¥ FRAME I DWELUNG ON CRAWL CRAWL EL 7.6 FLR. BALCONY 't¢,4 l'£g/AL ROOF 3,5,0' IFIN*L MAP/I.:l ~o,~ LoT COVERAGE IRE dlEWEDBY I O.5'N % EL 8.0 LAND CURRENT COVERAGE 2774 S.F. OR 20~ PROPOSED ADDIWON COVERAGE 742 S.F PROPOSED TOTAL COVERAGE 3,5~§ SmF. OR 25~ ADD OFFSET TO PROP. DECK 7-2-08 PROPOSED DECK 4-50-08 FINAL SURVEY 04-28-08 FOUNDATION LOCATION 5-2-07 REVISE CRAWL SPACE ELEV, 01-04--07 AREA: 13,834 S.F. OR 0.32 ACRES N/F (DF DUNN RECEIVED JUL 8 2008 ZONING BOARD OF APPEALS FIRM ZONE AE(EL 8) SUBJECT TO COVENANT AND RESTRICTIONS AS STATED LIBER 12196 PO 14 Thr. WATER SUPPLY, I~ELLS AND CESSPOOL LC;CAtiONS SHOWN ARE FROM F/ELD OBSERVATIONS .I,'O oR OATA OBrA/NEO FROM OTHEr'S ,!¥.EVA "ON DA TUM: ___U_~_C__~__~_S_ .............. UNAUTHORIZED ALTERAtiON OR ADDItiON TO THIS SURVEY IS A VIOLATION OF SECtiON ?209 OF THE IIEW Y~,PK STATE EDUCAtiON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALIO TRJJ,:' COPY. GUARANTEES INDICATED HEREON SHALL NUN ONLY TO THE PERSON FOR WHOM THE SURVIYY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, ¢OVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABL~, THE OFFSETS OR DIMENSIONS SHOWN HEREO~ FROM THE PROPERTY LINES TC THE STRUCTURES ARE EOR ~ :~PECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO'MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES. ADDITIOA/AL S~WCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE S~RUCffURE5 RECORDED OR UNRECORDEO ARE NOT GUARANTEED UNLESS PHY~ICALL )' FY/DENT ON THE PREMISE5 AT IR'E TIME OF SURVEY SURVEY 0~: DESCRIBED PROPERTY CERTIFIED To:JOHN J. MAZUR; ALICE H. MAZUR MAP OF: FILED; SITUATED AT: MATFITUCK TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK N, Y. $. LIC NO, 50227 riLE # 25--47 SCALE: 1"=20' DATE:APRIL 21,2005 MKM ,.,BSTRACT SERVICES, INC.;(TITLE# MKMS24061 FIRS"' AMERCAN TITLE INSURANCE COMPANY; TOWN OF SOUTHOLD; KENNETH M. WOYCHUK L.S. l.~-d Surveying and Design P.O. Box 3, M&ttituek, New York, 1195~ PHOI~ (6,31) ~98-1M8 FAX (631) 298-1588 maintalninf the records of ~obert J. Hennessy PROPOSED DECK S.C.T.M. # 1000-123-5-36.2 DATE: 4-16-08 MAZUR RESIDENCE 3200 CAMP MINEOLA RD. ,, MATTITUCK NY A-1 Z CHORNO ASSOCIATES architects, SOUTHOLD, NEW YORK TYPICAL DECK Y/IND UPLIF REOUIREMENTS TYPICAL N,T,S, DECK ALT, HEADER GIRDER CDNNECTIDNS~ DECKHEADERJPLIF? SPANSPAN lbs, 6' 1408 8' t878 20, 10' 2347 12' 2817 6' i859 8' 8479 28' I0' 3098 12' 3718 I 6' 231o 8' 3o81 36' 10' 3851 18' 4681 UPLIFT CONNECTIONS FOR: JOISTS-TO-GIRDER / HEADER DECK CONNECTION ,MIN, 8d NAILS SPAN CAPACITY REQUIRED 12' 427 tbs, 4 16' 526 tbs, 5 20' 626 lbs, 5 24' 726 Ihs, 6 28' 826 tbs, 7 32' 927 tbs;,8 36' 770 tbs, 7 USE THE FOLLOWING USP BRAND OR APPROVED EQUAL GALVINIZED METAL CONNECTORS WITH THE RECOMENDED FASTNERS AND INSTALLATION BY MANUFACTURE, ! DATE: ,4 MAZUR RESIDENCE ' - ; 3200 CAMP MINEOLA RD. T' MATTITUCK NY c.. /~ '~-~,Za:, C H O R NO ASSOCIATES WITH TY-DO /N STRA ~ TPI~T INSTALLATIBN NOTES' 1), ALL POSTS TO BE ANCHORED TO FOOTING OR PIER 2), HEADER & GIRDER CBNNECTIBNS TO BE ATTACHED T[ 3), EACH JOIST TO BE ANCHORED TO GIRDER OR JOIST HANGERS TO BE ATTACHED TO A PT LEDGER PRODUCTDESCRIPTION UPLIFIGALV, MINIMUM NUMBER tbs. FASTNER REQUIRED 4x4 POST: (12) 16d COM, NAIL PBS44 1815 POST CAP BEAM~ (12) 16d COM, NAIL 4x4 POST, (8) 16d CDM, NAIL PBSE44 1430 END POST CAP BEAM: (8) 16d CDM, NAIL BEAM/GIRDER~ (2) 5/8' BOLTS KC44 4x4 COLUMN CP )3265 POST/COLUMN: (2) 5/8' DIA, BOLl S 4x4 FBDTING/PIER~ 5/8'x7' ANCHOR BO .T PAU44 2240 PBST ANCHOR PBST/GIRDER~ (1P) 16d COMMON NAItS 4x4 WET POST ANCHOR CBE44 3585 COLUMN BASE PBST/GIRDER~ (8) 1/8' DIA, BOLT: 4x4 WET POST ANCHOR KCB44 5650 COLUMN BASE POST/GIRDER~ (2) 5/8' DIA, BOLTS 6x6 POST: (18) 16d CDM, NAIL PBS66 1815 POST CAP BEAM: (12) 16d COM. NAIL 6x6 POST, (8) 16d CDM, NAIL PBSE66 1430 END POST CAP BEAM, (8) 16d CON, NAIL 6x6 BEAM/GIRDER, (2) 5/8' BOLTS KCC66 5225 COLUMN CAP POST/COLUMN: (4) 5/8' DIA, BOLLS 6x6 FOOTING/PIER: 5/8'x7' ANCHOR BOI_T PAU66 8350 POST ANCHOR PDST/GIRDER~ (12) 16d COMMON NAIL.S 6x6 WET POST ANCHOR CBE66 3570 COLUMN BASE POST/GIRDER: (8) 1/8' DIA, BOLT',; 6x6 WET POST ANCHOR KCB66 5640 COLUMN BASE PDST/GIRDER~ (2) 5/8' DIA, BDLI'~iNAL REVIEI SEE DE TY-DD'WN JOIST: (6)8d COMMON NAILSDATED_ RTiO 585 ANCHOR HEADER/GIRDER~ (6) 8d COMMON NAI.S TY-DD~N JOIST: (9) 10x1-1/2 NAILS RTSO 1105 ANCHOR IHEADER/GIRDER: (4) ],Od COMMON NAI_S FORM NO. ~ TOWN OF SOUTIIOLD BUll,DING DEPARTMENT NOTICE OF DISAPPROVAL TO: Robert Hiltz for J & A Mazur 315 Westphalia Road Mattituck, NY 11952 DATE: May 12, 2008 Amended: June 27, 2008 Please take notice that your application dated May 5, 2008 i .. , t ooi. -,t rot a pema~t Iora deck addition to a single lamil¥ dwellin~ ~ Location o~ pro~: 3200 C~p Mineola Rd., Ma~imck ] B~,-~RD OF APPEALS County Tax Map No. 1000 - Section 123 Block 5 Lot 36.2 Is returned herewith and disapproved on the following grounds: The proposed construction ora deck addition to a sinale family dwelling on a non contbrming 13,824 sq. fl. pamcl, is not nermitted pursuant to ArticleXXlll Section 280 124 which states: "This section is intended to provide minimum standards for m'antina ora building permit lbr thc princival buildings of lots which are reco~onizcd by the town under 280-9, are no!lconforming mid have not merged pursuant to 280-10." Lots measuring less than 20,000, shall have a minimum front yard setback of 35'. The survey indicates a front yard setback of approx. 10'. The required lot coverage is 20%. U'pon completion of the deck, the lot coverage will be approx. 25%. *Amended Lo. reflect survey with proposed lot coverage. .'..~.,, / x Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL TO: Robert Hiltz for J & A Mazur 315 Westphalia Road Mattituck, NY 11952 Please take notice that your application dated May 5, 2008 For a permit for a deck addition to a single family dwelling at DATE: May 12, 2008 Location of property: 3200 Camp Mineola Rd., Mattituck County Tax Map No. 1000 - Section 123 Block 5 Lot 36.2 Is returned herewith and disapproved on the following grounds: The proposed construction of a deck addition to a single family dwelling on a non- conforming 13,824 sq. ft. parcel, is not permitted pursuant to ArticleXXIII Section 280- 124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000, shall have a minimum front yard setback of 35'. The survey indicates a front yard setback of approx. 10'. The required lot coverage is 20%. Upon completion of the deck, the lot coveraee will be approx. 22%. Authorized Signature Kenneth Woychuk L. S P.O. Box 3 Mattituck, N.Y. 11952 (631) 298-1588 RE: John Mazur 1000-123 -5-36.2 Camp Mineola Rd Mattituck, N.Y. This to confirm that the proposed deck is 10 feet from the property line on Fay Court t Kenneth Woy, chuk L.S.// ?///..// d II - 3 2008 l BOARD 0 F,.A.__PPF::AL$ g-d O8~IOB~lg9 S~ xnqogo~ q~auua~ eO0:II 80 go .TO' R.O.W, (NOT OPEN) ~ u.p?:~ I~ a6"~1)'3o" ~ BOARD OF A ~PEALS' J T'd 8~T~T~ S~ ~nqoAo~ q~euu~ ~O0:TT 80 ~0 Tnc TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined 20__ Approved 20 __ Disapproved a/c J,~ll)~]~- .f~_ Expiration ,20 PERMIT NO. BUILDINC~RMIT APPLICATION CHECKLIS Do :'~lffu have or need the tbllowing, before applyinl Board of Health 4 sets of Building Plans Plam~ing Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: 298-9696 Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS 20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 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 pm~nises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has nQt been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have,been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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 altemtions 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. Robert Hiltz Inland Homes Inc. (Signature of applicant or name, if a corporation) PO l17,Mattituck,N.Y.,l1952 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Builder Name of owner of premises John & Alice Mazur (As on the tax roll or latest deed) It' applicant is a corporation, signature of duly authorized officer Robert Hiltz (Name and title of corporate officer) Builders License No. 19736-HI Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 3200 Camp Mxneola Rd., Mattituck House Number Street County Tax Map No. 1000 Section Subdivision camp Mineola (Name) 123 Hamlet Block 5 Lot 36.2 Filed Map No. Lot State existing use and occupancy of~'.emises and intended use and occupanc~proposed construction: a. Existing use and occupancy single family dwelling b. Intended use and occupancy Addinq new attached deck Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration new deck, attached (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rear Height Number of Stories See attached Dimensions of same structure with alterations or additions: Front Depth Height Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front 135.45 Rear 141.23 survey Number of Stories Rear Depth _Depth Rear _Depth 110.17 ). Date of Purchase Name of Former Owner · Zone or use district in which premises are situated Does proposed construction violate any zoning law, ordinance or regulation? YES NO Will lot be re-graded? YES XXNO__Will excess fill be removed from premises? YES NO l. Names of Owner of prmnises Name of Architect Anqel creme Name of Contractor Inland Homes Address Phone No. Address Phone No Address Phone No. 298-9696 ; 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 XX "IF YES, D.E.C. PERMITS MAY BE REQUIRED. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. FATE OF NEW YORK) SS: DUNTY OF ) Robert Hi ltz being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, )He is the Contractor (Contractor, Agent. Corporate Officer, etc.) 'said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; at all statements contained in this application are tree to the best of his knowledge and belie.~ I that the work will be :rformed in the manner set forth in the application filed therewith. / B0gI~0~b~c i S igna'tm~ et' Al~ant ~10tar~ ?ublic, N0.01906095325;',~[b11~ C0u~ Term Expires Jul}' 7, 20 ~1~ _ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By: Date Assigned/Assignment No. House No. 3200 Camp Mineola Road Hamlet Mattituck SCTM 1000 Section 123 Block_5 Lot(s) 36.2 Lot Size_ 13~824sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 12, 2008 BASED ON MAP DATED April 30~ 2008 prepared by Kenneth M. Woychuk, surveyor Applicant(s)/Owner(s):. John & Alice Mazur Mailing Address: 94 K East Jefryn BIvd.~ Deer Park New York 11729 Telephone: 242-4554 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name ofRepresentatlve: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel(~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: E Applicant/Owner(s), or E Authorized Representative, or C3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED April 30~ 2008 APPLICATION DATED May 12~ 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Construction []Other: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXllI__ Section 280-124__ Subsection__(nonconforming setback for attached deck) and 280-10 (lot coverage) Type of Appeal. An Appeal is made for: E 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. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~ has, has not been made at any time with respect to this proper~ UNDER Appeal No. 6044 Year_7/12/2007 . (Please be sure to research before completing this question or call our office for assistance) Lot coverage and setbacks for house Name of Owner: John and Alice Mazur ZBA File #__ REASONS FOR APPEAL (additional sheets ma), be used with preparer's signature): AREA VARIANCE REASONS: (l) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The reconstructed house is elevated due to the flood zone. The house has doors leading to the outside which require an above grade deck. The homes along Camp Mineola Road and Fay Court have all obtained variances due to the nonconforming size of the parcels and multiple roads. The property fronts on three roads and received variances to reconstruct thc house in the original footprint. The house is under construction and the deck will be open to the sky and in character with the newly reconstructed homes in the neighborhood. (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 house is at 20% lot coverage so any addition exceeds lot coverage. The deck will provide the outdoor living space for this house and also access from the house to the yard because the house is elevated off of the ground. The house is presently a summer residence and the deck is an important area for the family. The setback is in conformity with the setbacks of the neighboring homes which are 9 feet from Fay Court. (3) The amount of relief requested is not substantial because: The setback of the house will not change only the open deck will extend into the rear yard (Fay Court). The adiacent property was recently granted a variance for the 9 feet due to established setbacks which are in conformity with the neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has no environmental constraints other than the nonconforming size. The house has proper drainage and will be landscaped. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. The existing lot was created prior to regulations and FEMA requires the house to be elevated above grade necessitating an elevated deck. Any setback and structure would require a variance. Are there Covenants and Restrictions concerning this land: E No. E} Yes (please furnish copy). 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 REQUEST?~ND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult )'0~ attorn~) Sigl~f Appellant or Authorized Agent (Agent mnst submit written Authorization from Owner) Sworn to before mc this APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: John & Alice Mazur Date Prepared: May 15, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A RECEIVED MAY I 5 2008 ZONING BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: No change to house only deck addition Dimensions of new second floor: Open deck Height (from finished ground to top of ridge): 10.6 to match existing first floor elevation (FEMA compliance) Is basement or lowest floor area being constructed? N/A If yes, please provide height (above ground) measured from natural existing grade to first floor: 10.6 elevation as shown on survey 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: House under construction, open deck requested to match height of doors on first floor Number of Floors and Changes WITH Alterations: existing house no change IV. Calculations of building areas and lot coverage (from surveyor): Lot size 13,834 sq.ft. Existing square footage of buildings on your property: existing lot coverage 20% Percentage of coverage of your lot by building area: house: 2774 sq.ft. And 742 sq ft deck total 25% V. Purpose of New Construction Requested: expand second floor living space and renovate first floor with new windows, siding, insulation and expanded kitchen. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): waterfront house on Jockey Creek, existing setbacks maintained, new sanitary proposed. 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 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Alice & John Mazur 1000-123-5-36.2 ls the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the ama of proposed construction at or below five feet above mean sea level? no E. 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: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel residence under construction and proposed use open deck in back of house ~(ex~mily ~' .- ~ proposed: same with garage or pool, or other description.) Auth6r4,~nfgignature and Date 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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. YOUR NAME: John and Alice Mazur, Patricia C. Moore Esq. (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 X Special Exception If "Other", name the activity: 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 tllis..~2~lay of ,t~/.t.~ ~&~ Signature: "~-~"L--"-'~ t Print Name~ ~& Alice and John Mamr and ~ ~a~ Pa~icia C. Moore ~v~ ~~ PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 BOARD PROPERTY ~DRESS: 3200 C~P MINEO~ RO~, ~TTITUCK HEARING DATE: THURSDAY, JULY 24, 2008 Dear Chairman and Board: With reference to the above, as discussed at the hearing enclosed please find documents submitted with the Dunn appeal (adjacent parcel). In the Dunn appeal, I submitted the assessor's property cards with available surveys which show the extensive redevelopment of the neighborhood and significant homes which have been constructed on the properties. The character of the neighborhood are homes which exceed 20% lot coverage. I also included a copy of the Zoning Board decision (ZBA file 6122) for Dunn to assist the Board in preparation of the findings. The survey prepared by Kenneth Woychuk last dated 5-1- 08 in the Dunn appeal showed the setbacks from Fay Court of Dunn, tax Lot 11, tax Lot 12 and 13 which have setbacks of less than 10 feet. Mr. And Mrs. Mazur wish to build a deck which is set back 11 feet from Fay Court, this setback is greater then the neighboring homes. From the photograph in the file you can see that the house is elevated and a deck will be needed. We thank you for your courtesies, if you need any additional information please do not hesitate to contact me. Very tr%~ly yours, Patricia C. Moore PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 JUL 1 4 ~ July 8, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOHN J. MAZUR JR & ALICE MAZUR PROPERTY ADDRESS: 3200 CAMP MINEOLA ROAD, SCTM: 1000-123-5-36.2 HEARING DATE: THURSDAY, JULY 24, 2008 MATTITUCK Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, postal receipts and copy of letter to neighbors. Thank you. truly yours, /By Bets~ZPerkins LA bp encls. PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 ~:~' · ~ Fax: (631)765-4643 July 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOHN J. MAZUR, JR AND ALICE MAZUR PROPERTY ADDRESS: 3200 CAMP MINEOLA RD.& FAY COURT MATTITUCK, NEW YORK SCTM: 1000-123-5-36.2 Dear Neighbor: I represent Mr. & Mrs. Mazur with regard to their property located at 3200 Camp Mineola Road & Fay Court, Mattituck, New York. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for a deck addition to the dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%. A copy of the legal Notice is enclosed together with a portion 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, JULY 24, 2008 AT 9:30 A.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, PCM/bp encls. C: Mr. & Mrs. John Mazur Inland Homes Patricia C. Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 3, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOHN J. PROPERTY ADDRESS: 3200 CAMP MINEOLA ROAD, SCTM: 1000-123-5-36.2 HEARING DATE: THURSDAY, JULY 24, 2008 Dear Chairman: With reference to the above, enclosed please find e±ght~~ ) copies of the revised Notice of Disapproval together with the revised survey and letter from surveyor regarding the deck set back from Fay Court. I trust this now completes your file. Thank you. Very ,:ly yours, bp encls<3~ RECEIVED ! 6 2008 BOARD. O. IF ~PPEAL$ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 15, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: John & Alice Mazur 1000-123-5-36.2 Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector. 2. ZBA APPLICATION with authorization and copy of appeal #6044 dated 7-12-07 to reconstruct house 3. Photographs of the existing house 4. survey prepared by Kenneth Woychuk with the proposed deck 5. PROJECT DESCRIPTION, TRANSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM 6. No COVENANTS AND RESTRICTIONS 7. assessor's property card 8. My client's check payable to "Town of Southold" Thank you for your continued courtesies. cc: John and Alice Mazur 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August o~, 2008 Mailine 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 Mr. and Mrs. John Mazur 94 K East Jefryn Blvd. Deer Park, NY 11729 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6176 - Application by John and Alice Mazur (Variances) Dear Mr. and Mrs. Mazur and Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Augusta~,, 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, Linda Kowalski Encl. 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 May 19, 2008 Zoning Appeal No 6176 Transmitted herewith is Zoning Appeals No. 6176 Patricia Moore Representing John & Alice Mazur- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Patricia Moore Listing the following: Current Notice of Disapproval from Building Department, 1 Photo of Existing Home, Survey of Property Showing Proposed Deck Prepared by Kenneth M. Woychuk, L.S., Applicant's Project Description, Transactional Disclosure Form, Questionnaire, 2 Pages of Property Record Cards, 4 Pages of Findings & Determination from Board of Appeals, Drawing of Deck Prepared by Chomo Associates, Architects, Authorization Letter from John & Alice Mazur to Patricia Moore to Represent them in this Matter. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/15/08 R£CE_r ~lp ZBA # NAME CHECK # AMOUNT TC MAY 1 6 2008 6176 Mazur, John 25707 $150.00 So ~'thold Town Clerk TOTAL $150.0O j~l'own Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/16/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 18797 Reference Subtotal 6176 $150.00 Check#:25707 Total Paid: $150.00 Name: Mazur Iii, John J 3655 Camp Mineola Road Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6176 05/13/2006 13:16 FAX 631 765 4643 MOORE LAW OFFICES ~003 ro~ Re~ Southold Town Zoning Board Southold Town Bailding Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Premises at SCTM#1000-123-5-36.2 3200 Camp Mineoia Road, Mattituck Thc undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed deck to a residence on the above referenced parcel. APPEALS 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 SOUTItOLD 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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, JULY 24, 2008: 9:30 A.M.J. and A. MAZUR #6176. Requests for Variances under Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%, at 3200 Camp Mineola Road (and Fay Court), Mattituck; CTM 123-5-36.2. 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 3, 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 #8908 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 17th day of July, 2008. Principal Clerk Sworn to before me this CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 QuaOfled in .~uffolk County CTM 37 4 10. #6185. Request for a Variance under Sec- tion 280-124 (setback schedule), based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling (after demoli tJon of the existing dwelling), proposed with front yard setback(s) at less than 35 feet, Location of Property: 595 Pine Av- enue and Birch Avenue, Southold; CTM 77 2-25. 10:~0 A.M. VINCENT and MAU- REEN PAPA #6183, Request for a Vari- ance under Section 280 124, based on the Building Inspector's April 21, 2008 Notice of Disapproval concerning an as built deck addition to the existing sing[e- family dwelling, which is less than the code required 50 ft. rear yard setback, at 75 First Street, Laurel; CTM 126-I0 9.5. 10:.45 A.M. PINE NECK HOLD- INGS g6180. Request for a Variance under Section 280416B. based on the Building Inspector's May I3, 2008 No- tice of Disapproval concerning a deck addition to the existing single-family dwelling at less than 75 feet from the ex- isting bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5-40.. 11:00 A.M. GREGORY SCH- WEITZER AND STACEY SCH- WEITZER g6184. Request for a Vari- ance under Section 280-15, based on the Building Inspector's May 6, 2008 .Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code-required rear yard. at 385 Wendy Drive, Laurel; CTM 127-8-9. ll:lg A.M. ARTHUR R. TORELL # 6182. Requests for Variances under Sec- tions 280-18 (Bulk Lot Area Schedule) and 280-124 (Setback Schedule), based on the Building Inspector's amended May 2L 2008 Notice of Disapproval bined side yard setbacks; (3) the lot cov- erage will exceed the code limitation of 20% with a binldable lot size of 13,369 square feet. Location: 955 Seundview Avenue Extension, Southold; CTM 50-2-10 and 11, combined as a single building The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each heap lng. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If yon have questions, please do not hesitate to contact our office at (631) 765 1809, or by email: Linda. Kowa]ski@ Town. Sout hold.ny, us. Dated: July 14, 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 8908-1T 7/17 LEGAL NOTICE SOUTHOLD TOWN ZONTNG BOARD OF APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, put~ suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold~ the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. JULY 24. 2008: 9'~0 A.M.J. and A. MAZUR #6176. Requests for Variances under Section 280-124, based on the Building Inspec- tor's June 27. 2008 amended Notice of Disapprova[ concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limi- tation of 20%, at 3200 Camp Mineola Road (and Fay Court), Mattituck; CTM 123-5-36.2. 9:45 A.M. STEIN FAMILY TRUST #6179. Request for Variances under Sec- tions 28{)-15 and 280-124B, based on thc Building !nspeclor's May 7, 2008 Notice of Disapproval concerning: (al proposed adddinns and alterations to Ihe exist- ing single-family dwelling with a new front yard setback at less than the code required 35 feet. (b} an addition to the exis0ng accessory garage which is re- quired to be in the rear yard. (c) all new construction will exceed the code limita- tion of 20% maximum lot coverage. Lo- cation: 2535 Cedar Lane. East Marion: concerning: (1) a proposed lot area with a new nonconformity of 19.028 square feet in size. instead of 21,458 square feet, resulting in the remaining lot which will become more conforming at 27,196 square feet instead of 24,756 square feet; (2) a proposed single-family dwelling at less than 40 feet from the rear lot llne. Location: 365 Westwood Lane; CTM 33-2-11 and 33-2-10. 1:00 P~M. GREG and KARMEN DADOURIAN #6131. Request for Vari- ances under: (1) Section 280-124. and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location ora new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty's Drive at Long Island Sound, Ori- ent; CTM 14-2-23. 1'.30 P.M. Reserved Hearing (Carry- over): HENRY TRAENDLY and BAR- BARA A. CADWALLADER #6154. Requests for Variances under Section 280-124, based on the Building Inspec- toffs January 30, 2008 Notice of Disap- proval concerning a proposed single- family dwelling with one side yard at less than the code required minimum of 10 feet, and with both side setbacks less than the required combined tot~l of 25 feet, and less than 35 feet from the front yard lot line (after demolition of an existing building) at 13000 Main Road~ East Marion adjacent to Gardiners Bay; CTM 31 14-11. 2.~0 P.M. Reserved Hearing (Car- ryover): EVE SEBER and CARLO VOELKER #6156. Requests for Vari ances under Section 280-114. based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the exist- ing single-family dwelling will not meet the code~required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot cov- erage. Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold; CTM 70-6-18. 2'~0 P.M. Reserved Hearing (Car- ryover): JOHN SCOURAKIS #g157. Request for Variances under Sections 280-124 and 280-116, based on the Build- ing Inspector's March 17, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (with a new foundation after delnolition of the exist lng building), for the reasons that: (1) the selback from the top of the bluff adjacent to the Long Island Sound will be less than lO0 feet: (2) the miniff~um code standar0s under Sections 280 9 and 280-10 require a minimum of 15 feet on a single side and minimum 35 feet com- TOWN OF SOUTHOLD PROPERTY RECORD CARD ES. LAND SEAS. VILLAGE W IMP. TOTAL FARM DATE D;T. SUB. LOT ACR. ,...~/~' TYPE OF BUILDING COMM. C'B, MICS. Mkt, Value ' AGE BUILDING CONDITION ~floqq1953LlB_~nS~Ur-Unu~.~.r,~rr~ :A~M / Acre Value Per V~lue / ~ FRONTAGE ON WATER 'oodland J FRONTAGE ON ROAD ~eadowland I DEPTH ouse Plot~~ .~/~ I ~ O0 ~ BULKH~D otol .... DOCK 123.-5-36.2 2/08 CO OTHER Bath ~ Dinette Extension I .~: ~ ) ~ COM~ I~/Z~ t~ Basement P~ Floors ~ 0~{~ Kit. Extension II ~1 ~ %~[~} 7~ ~ ~ : ~1 ~ t ~ ~ ~, 0 0 ~ ~ Finished B. ~ Interior Finish ~/~ L.R Extension Fire Place / Heat D.R ~arage ~] BR. Porch ~,~=/~¢} _Li,~: I~ ~ ,~0 7~ Dormer /~ ~ Baths DecWPatioPool /~'/~~* ~/ Foyer Fam. Rm. A.C. /~ ~ ~/ Laundry O.B. Library/ Study Dock ~ pF~COI~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN J. MAZUR JR AND ALICE MAZUR (Name of Applicant) CTM Parcel #1000-123-5-36.2 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 ~ ~-~ay of July, 2008, 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. Sworn to before me this ~'"~ day of J~ ~'ary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 486166~ Commission Expires June 16,¢;;~.~ 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. MAZUR NEIGHBOR LIST SCTM: 1000-123-5-36.2 MARJORIE DUNN 3360 CAMP MINEOLA ROAD MATTITUCK NY 11952 SCTM: 1000-123-5-11 EDNA BEIRNE 186 VOORHIS AVE ROCKVILLE CTR NY 11570 SCTM: 1000-123-5-36.4 MICHAEL, LESLIE & DIANA BEIRNE 186 VOORHIS AVE ROCKVILLE CTR NY 11570 SCTM: 1000-123-5-36.9 MARION LEYDEN 119 WEST LANE STAMFORD CT 06905 SCTM: 1000-123-5-7 ANNE HOMMEL 3245 CAMP MINEOLA ROAD MATTITUCK NY 11952 SCTM: 1000-123-6-12.2 NORM WAMBACK PO BOX 688 MATTITUCK NY 11952 SCTM: 1000-123-6-22.6 RECEIPT 71926463311000001611 FROM: PatdciaC Mooce Esq RE Mazur ZBA deC~ hearing FEES: ~o~tage o 42 TOTAL $ 5.32 POSTMARK OR DATE RECEIPT FROM: SEND TO: EDNA I~EIRNE 186 VOORHIS AVE ROCKVILLE CTR NY 11570 FEES: ~m Recei.t RECEIPT 719264633110(33001574 FROM: Patrima C Moore Esq RE: MaZur Zl~, deck hearing SEND TO: MICHAEL, LESLIE & DIANA BE ROCKVILLE CTR NY 11570 TOTAL $ RECEIPT 7192 6463 3110 0000 1581 FROM: Patricia c Mcore Esq RE: Mazur ZBA deck hearing SEND TO: MARION LEYDEN 119 W~ST LANE STAMFORD CT 06905 FEES: ,~ d~.'~ 0 42 TOTAL ~ $:5.32 PO~MARK?R DATE RECEIPT 7192 646G 31 lO oooo 1598 FROM: SEND TO: ANNE HOMMEL 3245 CAMP MINEOLA ROAD MATTITUCK NY 11952 FEES: Postage 042 Return ~te~bipt TOTAL $ 5 32': POSTMARK OR DATE;[' RECEIPT 7192 6463 3110 000o 16o4 FROM: Pat¢~c,a C MoOre Esq RE: Mazur ZBA dsck hearing SEND TO: NORM WAMBACK PO BOX 688 MATI'ITUCK NY 11952 FEES: Postage o 42 Restricted ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN MAZUR JR AND ALICE MAZUR Regarding Posting of Sign Upon Applicant's Land Identified as 1000-106-123-5-36.2 IGN P~.TI~G ?0~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at 305 Ole Jule Lane, Mattituck, New York 11952 being duly sworn, depose and say that: On the 14th day of July, 2008, 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~,~ate was shown to be Thursday, July 24, 2008 ,/BETSY ~;~INS / Sworn to before me this 22~d day of July, 2008 N'-0t~'rYPublic PATRIClA C. MOO"E Nota~/Public, StYe of New York Suffolk County - No, 4861668 Commission Expires June 1~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 · ceive~'By:- (Please Print Clearly) ;. Date of D.Addressee's Address 7192 6463 3110 0000 1611 t. Article Addressed To: MARJORIE DUNN 3360 CAMP MIN£OLA ROAD MATTITUCK NY I 1952 *'fi~i~*r~"XdYG~ ........................................ PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 1574 1. Article Addressed To: MICHAEL, LESLIE & DIANA 1&6 VOORHIS AVE ROCKVILL£ CTR NY 11570 BEIRN£ City State ZIP + 4 Code PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 ,8ignature: (mAddressee or~JAgent)~ i. R?~ceived By: (Please Pri~Cle~rly) · Date of Delivery 4. Restrioted Delivery? 3. Service Type (~xtra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 1567 7192 6463 3110 0000 1567 · 1. Article Addressed To: EDNA BEIRNE 186 VOORHIS AVE ROCKVILLE CTR NY 11570 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes I CERTIFIED 2'Artic~6~mtl~463 3110 0000 1604 7192 6463 3110 0000 1604 ~,rtlcle Addressed To: Delivery Address NORM WAMBACK PO BOX 688 MATTITUCK NY 11952 PATRTCIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 lature: ( Received By: (Please Print Clearly) Date of Delivery 9" 4. Restrioted Delivery? 13. Se~ioe-Type ~ (Extra Fee) [] Yes CERTIFIED , 2. Article Number 7192 6463 3110 0000 1'598 7192 6463 3110 0000 1598 t. Article Addressed To: ANNE HOMMEL 3245 CAMP MINEOLA ROAD MATTITUCK NY 11952 '[ SOUTHOLD NY 1~197t~ ...... J2 Article Number ~ ' J 7192 6463 ~110 0000 1581 x . Received By: (Pleas~ 7192 6463 3110 0000 1581 C. Date of I ) (~ . Article Addressed To: MARION LEYDEN 119 WEST LANE STAMFORD CT 06905 Delivery Address .~.:~ ..................................... NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAZUR, J. & A. #6176 MAP #: 123-5-36.2 APPEAL: Setback and Lot Coverage REQUEST: Deck Addition DATE: THURSDAY, July 24, 9:3 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 OZONING 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.nontffork.net Re: Town Code Chapter 55 - Public Notices for Thursday, JULY 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,Jhe next issue of the Times Review newspaper. 1 ) Before July-~f' 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...J 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 hearinq, providin.q the returned letter to us as soon as possible; AND not later than Jul¥1~th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and fumish 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 July 14st: 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 July 23, 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. Office 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 I~roffi: ~ Zoning Boan:l of Appeals 76,r-- t4¢ /3 COMPANY: Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (p~ess 1 at voice recording) Re: REFERENCE: [-]URGENT ~FORYO~DA~ ~PLEASE COMME~ ~AS~Q~S~D ~ .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ALI,~,N DRIVE 30' R.O.W. (NOT OF~N) surroLz COUNTY, NEW YORK ~ ~ JUL T 'd 88~lBGETES Sq HnHoROM 4%euu~M ~OO:lT BO EO TnC $ I 020 M M Iff 11911 RECEIVED MAY 1 5 2008 [ZONING BOARD OF APPEALS 0 S.C.T.M. NO. DISTRICT: 1000 SEC~ON: 123 BLOCK: 5 LOT(S): 11 #R10-07-0125 ALLEN DRIVE EX,ST,NG HOUSE,DECkS STOOPS - ,,394 SHED - 99 S.F NONCONFORMING LOT EXISTING LOT COVERAGE 14.9~ LESS THAN 20.000 SQ.~. m MON _ 35' REAR TOTAL WITH PROPOSED ADDITIONS - 2464 S.F. 10' SIDE (25' TOTAL) 20~ LOT COVERAGE PROPOSED LOT COVERAGE 24.6~ NOTE; ~ ~ HOUSE FACES CAMP~O~ ROAD DWELLINGS FACING FAY COURT IS 9.6'. EXISTING ~NITARY SYSTEM D~INAGE 2555 S,F. IMPERVIOUS .17 X 2355 S. TO BE ABANDONED & ~CK FILLED ~ DWE~ 8'I w/~u~uc w~ ~2.~ = ~o v~ ~ WITH CLEAN COARSE ~ND, ~ SUPPLY 2 8'DIA DEEP POOLS ~ ~ND N/F Of MAZUR EXISTINO STRUCTUF' SHED TO ~ TO ~ ~zBE DEMOLISHE[~ //~ ~~~ ~~~~ ~ ~&~PROPiOR~~ ~JT~ ~16~ ~ :EL )S[O~ ~ 85°11'00" a'O~ , ~/ -__~ ~F x~ / E ~ II ~ 'FRM. SHED PROPOSED 12"~K · X~ X 12'O~~)E · 100.00 ( ~. ~ MIN 5' ~ · ~6"0~ WIRE .,~ELLTo fENcE FENCE 7.6 2.TS FO PP/0~' O.3'N 20' e~)?AK ~ ~ d~O ~ I ~ ~ DWELLING d ~ 8~lAx2~OOLS ~ I ~ m ~ d ~ Z_ 1,200 GALLON SEPTIC m ~ ~ ~ ~ ~ --" 1ST FL EL 7.9 -- ~ - Z ~ I I EL(8.1) PROPOSED ~ < y PROPOSED 1~.~ ,. ~ ~ EL 6.2 ~° EL 5,3 ~ DR~ELL 8'D~A 5' DEEP -~ ~ ~.~ ~ 2 RAIL FENCE O.8'N ~ S 85~t1'00'' W 100.00' ~ DWELLINGS ~ W/PUBLIC WATER [L~. 7.0 O ~ 0.5' ~ U.P ~ TAX LOT~l~O-123-5-12 s,~ ~ ~ 4.0' SET BA TAX LOT ~-123-5-~ JUL 2 8 ~ TAX LOT ~ 1000~5-14 FACES REEVE AVE ~IDEYARD TO FAY COURT BOARD OF APPEALS ADD DRYWELLS 5-2g-08. REVISELOT COVERAGE 5-6-08 THE WA~R $UPPL~ ~LL$ AND CESSPOOL LOCA~ONS SHO~ ARE FROM FIELD OBSERVA~ONS REVISE HOUSE 5-1-08 FIRM ZONE AE(EL 8) AND O~ DATA OBTAINED F~OM AREA: 10.000 S.F OR 0.23 ACRES PANEL 482 ELEWt~ON O~: USGS UNAU~ORIZED ALTERA~ON OR ADDITION TO THIS SURLY IS A ~OLATION OF SECTION 7209 OF THE NEW YORK STA~ EDUCATION LA~ COPIES OF ~IS SURLY MAP NOT BEARING THE LAND SUR~YOR'S EMBOSSED SE~L SHALL NOT 8g CONSIDERED TO 8g A VALID TRUE COP~ GUARANTEES INDICATED HEREON SHALL RUN NLY TO THE PERSON FOR ~OM ~E SURLY IS PREPARED AND ON HIS BEHALF TO THE TI~E COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSTITUTION STED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTI~TION, CUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHO~ HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC~ON OF FENCES. ADDITIONAL STRUCTURES OR AND OTHER IMPRO~MENTS. EASEMENTS AND/OR SUBSURFACE STRU~URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY E~DENT ON THE PREMISES AT THE TIME OF SURLY SURVEY Or: DESCRIBED PROPER~ CERTIFIED TO: DUNN: MAP OF: FILED: S1TUATED AT: MATTITUCK TOWN OF: SOUTHOLD ~NNE~ ~. ~OYC~U~ L.S. SUFFOLK COUNTY, NEW YORK L~ ~ ~nd Su.e~ng and De.ign FILE ~ 27-110 SCALE: 1 "=20' DATE: SEPT. 21, 2007 PBo~ (SS1) ~08-1~ ~ S.C.T,M. NO. DISTRICT: 1000 SECTION: 123 BLOCK: 5 PIPE FD u.P~ N 88o~9'30,, E CONC. EL 7.2 MON LOT(S): $6.2 ALLEN DRIVE 30' R.O.w. (NOT OPEN) 100.17 EL 7.2 FL EL 10.6 r 2 $~' FRAME L--,i'd DWELLING ON CRAWL CRAWL EL 7.6 MON EL 7.5 EL 8.2 FLR. BALCONY ROOF OVER --- 35.0' ~- EL 7,1 EL 7.8 < 2070 LOT COVERAGE ~ SHED ~ ' ~ND N/F OF DUNN CURRENT COVERAOE 2774 S.F. OR 20~ PROPOSED ADDITION COVERAGE 742 S.F ~C~ ~ PROPOSED TOTAL COVERAGE 3,516 S.F. OR 25~ ~i ,., ' SUBJECT TO COVENANT AND RESTRICTIONS AS STATED PROPOSED DECK 4-30-08 FINAL SURVEY 04-28-08 FIRM ZONE AE(EL 8) ~E WA~R SUPPL~ ~LLS ANO CESSPOOL ~ L~A~S ~0~ ARE FROM FIELO OB~RVATIONS REVISE CRAWL SPACE ELEV. 01-04-07 aNO ~ DATA OBTAINED FR~ OTHERS, AREA: 13,834 S.F. OR 0.32 ACRES ELEVATION DATUM: __~_~_ ............ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURLY IS A ~OLADON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURLY MAP NOT BEARING THE LAND SUR~YOR'S EMBOSSED SEAL 5HALL NOT ~g CONSIDERED TO BE A VALID TRUE COP~ GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR ~OM ~E SURLY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI~TION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSION5 SHO~ HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT ~E PROPERTY LINES OR TO GUIDE ~E ERECTION OF FENCES, ADDI~ONAL STRUCTURES OR AND OTHER IMPRO~MENTS. EASEMENTS AND/OR SUBSURFACE STRU~URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PH~ICALL Y E~DENT ON THE PREMISES AT THE TIME OF SURLY SURLY OF: DESCRIBED PEOPER~ CEETIFIED TO: JOHN J. MAZUR; ALICE H. MAZUR: MAP OF: MKM ABSTRACT SERVICES, INC.;(TITLE~ MKMS24061 FILED: FIRST AMERCAN TITLE INSURANCE COMPANY; SITUATED AT: MATTITUCK TOWN OF SOUTHOLD; TO~ OF: SOUTHOLD ~NNE~ M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK ~~ P.O. Box 3, MatUtuck, New York, 11952 ~0~ (e31) ~-1~8 Y~ (631) 208-1588 DR 47_~--__ SCALE: 1 '*=~9C, DATE: APRIL~_ 1 ,--vv~ N.Y.S. LIC NO. 50227 main~iflinI the records GE Robert J. Hennessy FILE APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 Southold Town Hall 53095 Main Road · I~O. Box 1179 Southold, NY 11971-0959 Office Locatioll: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED uthold Town Clerl, ZB File # 5909 - John Mazur, Jr. and Alice Mazur Property Location: 3200 Camp Mineola Road, Mattituck CTM 123-5-38.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that lhis review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 13,824 square foot parcel is improved with a single-family dwelling as shown on the April 21, 2005 survey prepared by Kenneth M. Woychuk. The properbj has frontage along three roads: 141.23 feet along a private 30 ff. right-of-way referred to as Fay court, 100.17 feet along Allen Drive, and 135.45 feet along Camp Mineola Road, Maltiluck. BASIS OF APPLICATION: Zoning Code Sections 280-122A (referring to Interpretation under Walz Appeal No. 5039, 100-242A and 100-244) and 280-124, based on the Building Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 2006, stating that the new construction will increase the degree of nonconformance when located with a front yard selback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 27, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants are proposing additions to their home, and conversion of their existing garage to living area and the existing first floor area of their home which has nonconforming setbacks to a front yard lot line and rear yard line. The addition will also increase the lot coverage by one percent greater than the code limitation of 20%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - August 17, 2006 ZB File No. 5909 - John and Alice CTM No. 123-5-36.2 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to convert an existing single-car garage into living space, to construct one-story additions, to construct second- story addition to the existing first floor area of the home, and new outdoor shower. The home is presently 20.6 feet from the westedy front line adjacent to Fay Court. The property contains only 13,824 square foot, and has three front yards. The yards from which setback relief is requested front two unpaved roads. The yard for which the 15.5 feet setback is sought (adjacent to Allen Drive) fronts on a dght of way that is not open to traffic. The lot coverage will be at 21% lot coverage, which will not create a major impact. 2. The relief granted is not substantial. 3. The difficulty is not self-created. It is a result of the fact that the property is surrounded by three roads, only one of which is improved. 4. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue other than a variance. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Now York Town Law 267-B, motion was offered by Member Simon, seconded by Member Chainvoman Oliva and Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the May 18, 2006 diagrams with site plan, lot coverage, and elevation/construction details, all prepared by Robert I. Brown, Architect. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as ara expressly addressed in this action. The Board reserves the dght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehdnger, Dinizio, Simon, and Weisman. Resolution wes duly adopted (5-0). ~Q.~,~_..~)~` Ruth D. Oliva 9//~-/06 Approved for Filing This ALLEN DRIVE --tO' ~.O.W. (NOT OPEN) ~ ~ ~.2' I ~FF~K C~NTY. NEW Y~r ~ ~ 07/20/2007 13:45 ZBA PAGE 02 APPEALS BOARD MEMBERS James Dinizio, Jr,, Chairman Gerard P. Goehringer Ruth D. Ollva Michael A. Simon Leslie KaneS Weisman http://,~outholdtown,nor~hfork.n¢l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MAY 1 5 2008 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY i2, 2007 ZB File No. 6044 - John and Alice Mazur Property Location: 3200 Camp Mineola Road, Mattituck CTM 123-5-36.2 SEqR~.. DETERMINATION; The Zoning Board of Appeals has visited the property under Consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 13,834 square foot parcel is improved with a single-family dwelling as shown on the survey prepared by Kenneth M. Woychuk dated 4/21/2005. The property has frontage along three roads: 141.23 feet along a private 30 ft. right-o[-way referred to as Fay Court, 100.17 feet along Allen Drive, and 135.45 feet along Camp Mineola Road, Mattituck. BASIS OF APPLICATION: Request for a Variance based on the Building Inspector's May 7, 2007 Notice of Disapproval, based on the ZBA #5909 issued August 17, 2006, based on Building Inspector's April 3, 2006 Notice of Disapproval citing Sections 280-12ZA and 280-124), for approval of the Iocatien of the new foundation at less than 35 feet from the front yard line and less than 35 feet from the rear yard line, after demolition of the foundation of the existing dwelling and related construction. SUFFOLK COUNTY ADMINISTRATIVE CODF; 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 June 11, 2007 states that the application is Considered a matter for local determination as there appears to be no significant county-wide or inter-community impact FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28,.2007, at which time wriffen and oral evidence were presented, Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant was issued a Stop Work Order and Notice of Disapproval regarding new construction, portions of which were beyond the scope of Building Page 2 - July 12. 2007 Z,]a File No,6044 - .l'ohn a3d 03 Permit #32656-Z dated January 19, 2007 and ZBA Appeal No. 5909 issued August 17, 2007. The applicant wishes to maintain the setbacks of the foundation that was constructed, as well as an addition, to the proposed new single-family dwelling. The setbacks are indicated on the new 5~2-07 foundation survey at 15.2 feet at its closets point to the front line along Alien Drive, instead of the 15.5 ft. setback requested under the original building permit and ZBA variance. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants' property is the first lot on the west side of an area celled Camp Mineola. This area consists of primarily improved older substandard lots which were developed prior to zoning. The former dwelling was demolished, and the property is improved with a new foundation for a new dwelling. A new dwelling is required to meet FEMA minimum elevation requirements in an AEc8 Flood zone, even when it is a non-waterfront parcel. The property contains only 13,824 square foot, and has three front yards. The yards from which setback relief is requested front two unpaved roads. The yard for which the 15.2 foot setback is sought (adjacent to Allen Drive) fronts on a right of way that is not open to traffic. The Board concurs that changes to meet FEMA requirements are required, with the builder/contractor adding 16" to the height to the foundation, which is existing, As part of the structural changes to meet FEMA, grates were added that will allow water to flow through the foundation portion at times of possible flooding. 2. The benefit sodght by the applicant cannot be achieved by some method, feasible for the applicant to pursue; other than an area variance. The contractor was faced with removing and replacing a portion of the existing foundation to meet code requirements, and constructed the foundation 0.3 fi. closer to the front yard lot line than requested under the building permit. 3. The variance granted herein is not substantial, resulting in a 0.3 ft. setback reduction for 15.2 ff. setback instead of 15.5 ff. setback at its closest point. 4. The difficulty has not been self-created. After a careful review of this record, the Board finds that the issues in this appeal are not unreasonable, in that FEMA Cede changes do happen. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board feels that in granting this application no specific physical or environmental characteristics will be compromised, 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant ~ enjoy the benefit of a new foundation, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARI'): In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehrlnger, seconded by 07/20/200? 13:45 6317659064 ZBA PAGE Page 3 - July 12, 2007 ZI~ File No,6044 - ~lohn and Alicc Mazur C'TM No. 123-5-36.2 04 Member Oliva, and duly carried, to GRANT the amended variance as applied for, as shown on the foundation survey prepared by Kenneth M. Woychuk dated 5-2-2007. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, am not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or futura use, setback or other feature of the subject property that may violate the Zoning Cede, other than such uses, setbacks and other features as are expressly addressed in this action- The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not incraase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chai~rrr~n), Oliva, Goehringer. Simon, and Weisman. This Resolution was duly adopted (5-0),,'~ / ~ ~ J~mes Dinizio Jr., Chaj~nan 7/! ~' /2007 ,~pproved for Filing ~' ALLEN DRIVE 30' R,O.W. ~NOT OPEN) TOP OF FOUNDATION £L 9.6 o SHED 100,00 ) SUeJECT 'tO COVENANT APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERM] MEETING OF MARCH 13, 2008 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZBA FILE it 6122 -Application of Marjorie Dunn CTM 123-5-11 PROPERTY LOCATION: 300 Fay Court and Camp Mineola Road, Mattituck 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 was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated January 9, 2008 stating that this apphcation 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 non-conforming 10,000 square foot lot in the Residential R-40 District with street frontages along both the east side of Fay Court and the west side of Camp Mineola Road. BASIS OF APPLICATION: The applicant is requesting Variances: 1) under Sections 280- 124 and 280-122 based on ZBA Code Interpretation #5029 (Walz Application) and the Building Inspector's amended January 8, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing building. The new construction will exceed the code limitation of 20% lot coverage, and there will be a reduction in the setback from Fay court with an increase in the degree of front yard nonconformity (currently 18.7 feet average), and 2) to remove 10/23/1960 ZBA Condition under Variance it1293 (former owner Herman Pocher) concerning restrictions on front, rear and side yard setbacks. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 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: Page 2 - March 13, 2008- ZBA # 6122 - Application of Marjorie Dunn CTM 123-5-11 AREA VARIANCE RELIEF REQUESTED: The applicant relief in relation to her proposal to: 1. Demolish the existing single fsmily dwelling and retain the existing foundation with alterations to raise it above the flood plain to satisfy FEMA flood zone standards, 2. Construct a new fi'st floor on the existing/altered foundation w/th additions that enlarge the dwelling, including a two car attached garage, and a new second stoW. 3. Increase the proposed lot coverage to 27.5% while the code permits a maximum of 20%. 4. The apphcant also seeks to remove ZBA variance #1293 dated October 23, 1969 which disal]owed any future setback variances from the side yard, rear yard or front yard on this subdivided property. ADDITIONAL INFORMATION: Section 280-104 of the Town Code states that "Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shal] be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district." The Notice of Disapproval calculates the average front yard setback for dwellings on the east side of Fay Court as 18.7 feet. This calculation incfudes the front yard setbacks of the two dwellings to the South of the subject property at 9.2 feet for Tax Lot # 1000-123-5-12 and 9.9 feet for Tax Lot # 1000-123-5-13. These two homes would yietd an average setback of 9.6 feet. However, the Building Inspector also included in his calculations homes that do not use Fay Court as their architectural front yards (laud now or formerly of Mazur to the North fronts on Camp Mineola Road and architectural rear facing Fay Court with a 21 ft. setback, and the home on Tax Lot # 1000-123-5-14 that faces Reeve Avenue with a 35 ft. architectural side facing Fay Court. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following ~dings: 1. Town Law §267'b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are a number of homes with two street frontages in this neighborhood. The applicant's home has a well- established pre-existing non-conforming setback from Fay Court,, a narrow private road, that is similar to other neighbors with older cottage-type homes. The proposed front yard setback from the more prominent Camp ~A~cola Road will bc c~'~f~mk~g at ~5 foci. Mt~y other homes in the area have been enlarged over time. 2. Town Law §267-b(3)(b)(2). The bexxefit sought by fl-ie apphc~mt cammt be acliievcd by some method, feasible for the applicant to pursue, other than an area vaziance. Even though all of the proposed new construction wJ]l maintain the existing non-conforming front yard setback from Fay Cotu-t of 9.6 feet, the pr'oposed new second story will increase the degree of front yard non' conformity (ZBA 5039 Interpretation/Walz) and would require a variance and the new addition will increase the lot coverage over 20%. Page 3-March 13, 2008 ZBA # 6122 - Application of Marjorie Dunn CTM t23-5-11 The request to remove ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side y~rd, rear yard or front yard on this subdivided property also requires action from the Board of Appeals. The proposed first floor additions fronting on Fay Court and maintaining the existing 9.6' setback are not permitted under the 1969 decision which was rendered prior to the Walz Decision. The proposed side yards and front yard setback on Camp Minneola are ali conforming, thereby complying with the 1969 decision. The applicant cannot expand the size of their dwelling without a variance due to their lot size and location of the existing foundation. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial. The request to maintain a 9.6 ft. front yard setback from Fay Court represents a 48%. The request for an increase in lot coverage from 14.9% to the proposed 27.5%, while the code allows a maximum of 20%, represents a 37.5% variance. The Board notes that since the applicant must fill in their existing basement to meet FEMA flood zone standards and will therefore loose valuable storage space that the applicant proposes to replace with garage storage, alternate relief in the increase of lot coverage beyond that pex-~itted by code is reasonable. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created for the front yard setback variance from Fay Court, and is self created for the lot coverage because the applicant chooses to build a single family dwelling that is larger than what is permitted by code on this size lot. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. In addition, the applicant will comply with FEMA flood zone standards. 6. Grant of alternative relief and the requested relief are the minimum actions necessary and adequate to enable the applicant to enjoy the benefit of a new enlarged dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to DENY the lot coverage as applied for, and GRANT ALTERNATIVE RELIEF without the need for a new appeal or hearing/determination for lot coverage of 25% subject to the following conditions: 1. The dwelling must be fitted with gutters and leaders that discharge and contain roof runoffin an onsite drywell; and 2. Submission to the Zoning Board of Appeals and the Building Department of a final survey prior to issuance of a Certificate of Occupancy confirming the lot coverage and setbacks, without the need for a new hearing; and to Page 4- March 13, 2008 ZB #6122 - Application of Marj CTM 123-5-11 GRANT the variances shown on Chorno Associates' elevation and site map (with survey data) date-stamped received Dec. 17, 2007 concerning the front yard setback from Fay Court at 9.6 feet and removal of conditions under ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Simon and Weisman. (Member Dinizio was absent. Chairman Goehringer abstained.) This Resolution was duly adopted (a-o). Ruth D. Oliva, Vice Chairwoman 3/ ~!/2008 Approved for Filing ,"'el Exhibit A TOWN OF SOUTHOLD PROPERTY RECORD CARD :? :: WNER STREET /~//'?~ ~' VILLAGE DIST, SUB. LOT )RMER OWNER N t' E _. ACR. :~l ~ .~,~rn~ '~//>.o S W WPE OF BUILDING ~. ~ // S~S. VL ~ FARM COMM. CB. MICS. Mkt. Value ~D IMP. TOTAL DATE RE~RKS 7~ · ., - ~-. . ~./ z ~z~.~ able FRONTAGE ON WATER 9:. ~land FRONTAGE ON ROAD '. ': . , .... -' L/~ ,,,,' u' D~TH ~ ~ /~, ' BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension Porch Breezeway Garage Foundation Basement Ext. Walls Fire Place Type Roof Patio Recreation Room g.B. Dormer Total Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. JLR. DR. BR. FIN. B Exhibit B ,~,0 ~- ,,:~:~ .. :- 3K?oOWN OF SOUTHOLD PROPERTY RECORD CARD WNER STREET,~"rx)/ :,,_: ~: VILLAGE DIST. SUB. LOT ' E~ ACR, DRMER OWNER N~. S. 5// S~S. L~L. ~ FARM CO~. CB. MICS. Mkt. Value ~ BUILDING CONDIT ON ~ NOeL BELOW ABOVE k~ Acre Value Per Value Acre lane FRONTAGE ON WATER ,odland FRONTAGE ON ROAD / adowlond DEPTH ase Plot BULKH~D al DOCK COLOR' TRIM 4. Bldg. xten~ion xtension xtension )rch 'eezeway 2rage ~tio ~tel Foundation Basement Ext. Walls Fire Place Type Roof Recreatioh Room Dormer Floors In~erior Finish Heat Rooms 1st Floor Rooms'2nc~' Floor Driveway Dinette Exhibit C TOWN OF SOUTHOLD PROPERTY RECORD CARD ( ~ VILLAGE: DIST. SUB. LOT ORMER OWNER N ~ E ~ ACR. S ~. -W WPE OF BUILDING S. ~// S~S. ~ FARM COMM. CB. MISC. Mkt. Value L~D IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION I~ NORMAL BELOW ABOVE ARM Acre Value Per Value Acre Io~ 2 bble 3 >odlond amplond FRONTAGE ON WATER ,shland FRONTAGE ON ROAD use Plot DEPTH BU~KH~D :al DOCK V~. Bldg. -Dx'tension ~xtension Extension COLOR TRIM Foundation Bath ' Dinette 3asement Floors K. Ext. Walls Interior Finish LR. Fire Place Heat DR. Type Roof Rooms 1st Floor BR. P, ecreation Room Rooms 2nd Floor FIN. B. )arch Dormer Breezeway Driveway garage Patio O.B. Total Exhibit D TOWN OF SOUTHOLD PROPERTY RECORD CARD ~WNER STREET /?: WLL*GE ~,s'r suB. LOT O.3~q- I S~ . ' 5S. 4/~ S~S. IVL FARM coMM. CB. ~ISC. Mkt. Value ~~ ~N D IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION q EW NORMAL BELOW ABOVE :ARM Acre Value Per Value ~re illable 1 ill~ 2 [Iob~e 3 'oodl~nd vampla:nd FRONTAGE ON WATER 'ushland FRONTAGE ON ROAD /~ ~ /~ ~ ~.~ ~d ~use Plot DEPTH v ~ ~ BULKH~D ~tol DOCK 123-5-16 02~02 ~4. Bldg. ~,,; ol~°un~°"°n ~ ~ ~h / Dine~eI Basement ~> F~// Fl~rs ~t. Walls ~z ~C Interior Finish ' Fire Place ~ .-~r' Heat .~ Yc~ DR. -ype Roof ~ .... Rooms Ist Floor BR. Recreation Room ~ Rooms 2nd Floo~ FIN. B. Dormer Driveway LAND NOW OR FORMERLY OF LAND NOW OR FORMERLY OF FOLLY BEACH, LTD. I EDNA A. BEIRNE I I I N 85'13'00" E 150.00' 0 ~ N 85'10"00" E O 5s.2' ~ ~o~,~ 150.00' ~ ~ < ~0 TAX LOT 16 :ONC~E WOOD ~ ~ D~N~ ~ ~ ~ Wooo cu~s 0 0 I 0,:.. ~ ~ oD ~u uu w ' '~' 150.00' P LAND NOW OR LAND NOW OR FORMERLY OF I LAND NOW OR FORMERLY OF ELIZABETH WAMBACK FORMERLY OF HERBERT GROSS ~ MICHAEL E, ~ o ELLEN RIEVMAN EDNA BEIRNE TAX LOT 15 AS DESCRIBED IN DESCRIPTION ~ ------~~ ~ PROVIDED BY RICHARD F. MONOGHAN ~,, - --~'L''.. - TAX LOT 16 AS DESCRIBED ~N SCHEDULE A OF TITLE COMMITMENT NO. S--503701 (REE~ A~NUE) ~ROVIDED BY RICHARD F. MONOGHAN. NOI~: 7HIS DRAWING CONTANS PROPRIETARY COPYRIGHTED MATERIAL OWNED BARRETT Barrett, Bonacci, Hyman & Van Weele, B.C. BONACCI CONSUL~NG ENGINEERS / SUR~YORS / PLANNERS ~OLA~ON OF SECTION 7209 H~ ~ ~75 A Cornier.ce Drive, Houppouge. New Yo~k 11788 V.~ELE T[L.5~6/43~-~ m 5~/~35-~022 FAX MAP OF: DESCRIBED PROPERTY /~ ':" '"' FILED: ---- NO.---- CO. SUFFOLK SITUATED: MATT~TUCK, TOWN OF SOUTHOLD coP~SS or~m~s su~y ~p NOT THE TOWN OF SOUTHOLD SHALL NOT ~E CONSIDERED TO BE A TRME AND VALID COPY. JOB N0.: 970090 DATE: FEB. 4. 1997 DR. TS CH. WJB SCALE: 1' = ~0' DIST. 1000 SEC. 12J BLK. Exhibit E TOWI~ OF $OUTHOLD PROPERTY RECORD CARD )W'NER STREET ,~ ...~ VILLAGE DIS'i' SUB. LOT S :A~ Acre Value Per ~olu~ liable 1 oodland '~ mmpland FRONTAGE ON WATER )use pi0t DEPTH / ~ ~ ~ BULKH~D ,ta~ ~ ~ ~ DOCK ~nsJon ens[on COLOR TRI,M 'age rio B: Pal Foundation Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath Inferior Finish Heat Rooms 1 st Floor Rooms 2nd Floor FIN. B. SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-123-05-17 SCALE: 1" = 20' DECE]~BER 22. 1998 C ¢-V~ ~2o, I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPART~ENT Office of the Building Inspector Town Ball Southold, N.Y. CERTIFICATE OF OCCUPANCY No~ Z-27046 Date: 04/19/00 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 55 FAY CT (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 123 Block 5 Subdivision Filed Map No. Lot No. MATTITUCK Lot 17 (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 17~ 1998 pursuant to which Building Permit No. 25383-Z dated DECEMBER 7, 1998 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 RAISE EXISTING HOUSE & GARAGE, CONSTRUCT NEW FOUNDTIONS AND CONSTRUCT AN ALTERATION & ADDITION TO EXISTINQ ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to MICHAEL E & EDNA BEIRNE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF BEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N-517944 03/10/00 N/A A6t'horize~gnature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25383 Z Date DECEMBER 7~ 1998 Permission is for : hereby granted to: MICHAEL E & EDNA BEIRNE 186 VOORHIS AVE ROCKVILLE CENTRE~NY 11570 RAISE EXISTING HOUSE & GARAGE~ CONSTRUCT NEW FOUNDATIONS AND CONSTRUCT AN ALTERATION/ADDITION TO A SINGLE FAMILY DWELLING AS APPLIED FOR. at premises located at 55 FAY CT County Tax Map No. 473889 Section 123 pursuant to application dated AUGUST Building Inspector. MATTITUCK Block 0005 Lot No. ,017 17 1998 and approved by the Fee $ 175.00 Above fee includes $|00.00 Flood Pemit / Building Inspector Rev. 2/19/98 ORIGINAL TOWN OF $OIJTHOLD BljILDING DEFARTb411NT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. Approved ........................................ , ]9 ........ Permit No .............................. (Building Inspect/or) Application No.. ,'~,..~...~..~ ...... APPLICATION FOR ~UILDING PERMIT INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b, Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is part of this applica- tion. c. The work covered by this application rn~y 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in pa rt for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a BuUding 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 alterations, or far remove( or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regu arians. ]Signatt pp ' , or name, if a ~orpo'ra~ion) ..... ........................ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, p[umber or builder. ..... ......... ........................................................................................................................... Name of owner of premises ....,~.,.Z.,~./~._./~...~..../~..._..../~...~...~....x~..~/~'~...~. ................................................................................................... If appJicant is o corporate, signature of ~uly a?hor[zed officer. .. ~..~..m ~.~......~2... (Name and title o~co~orote officer) ~ ~-/5~b~ / ~ ~ ~ ~ h LqJatioh of land on which proposed work will be done. Map No.: ........................................ Lot No.: ...................... :., st ,,t ........................... ............................................ ;~ " Municipality 2. ~ate existing';use and occupancy of premises and intended use and occupancy of pmpesed construction. ~ Existing ~se and occupancy ~ ~/~'~ ~' ' '" "? ' R/~ ~ ~t. b..' Intended use and occup~cy ................ ~ .................... (. ...................................................................................... 10. 11. 13. property whether Natu're of work (check which icable): New Building .................... Addition~.... Alteration ....!. ............. Repc ir .................. Removal .................. Demolition ............... ' Estin ated Cost ... ,,~.~ 0 ~ Fee ' . Other Work (Describe) .................. (to be paid on filing this application) If d~ ~Jling, number of dwelling units .............. ?. ............... Number of dwelling units on each floor / If gc-age, number of cars ............................................ If bu'~iness, commercial or mixed occupancy, specify nature ~nd extent of each type of use ..................... Dimensions of existing structures, if any: Front ........ ~, ................. ,~ 4~ / ~'/ / Rear ............................ Depth Hei~c f ~'~' / Number of Star es / ................. ' ............ Dim ;nsions of same structure with alterations or additions: Front ~ J~ / .~ / ..................... He ght ..... .~. ...... Number of Stories / .................. i .............. Dim, lsions of entire new construction: Front 2. ~¢' / Rear .Z 5' / Depth ....(...~. ~'""i .............. Haig ............... ,/,,.~,.'. ........ Number of Stories ........ /. ....................' .............................. Size lot: Front /O 0 t Rear / 6 ~ t De" z6~ r Date of Purchase : .......................................................... Narco of Former Owner Zone or use district in which Dram sas are ~itunt.rl /:~ r~- (//~/~/~/~/.,~_ ......................................... Doe~ p oposed construction violate any zoning ]aw, ordinance or regulation~ ~> Na~ of Owner of premises n/~/~/~ p~.~...~.~ Address A'I~'zT/7UZI'F ........ ' .............. ................................................ Phone No.....~ .............. Narr of Architect , .................................................... Address ................................................ Phone No.....: .............. ............................................ Phon No..,.~( ............ DLOT DIAGRAM Local clearly and distinctly oil buildings, whether existing or proposed, and indicate all set-back dlmenslbns from ~es. Give street and block numbers or description ~ccordlng to deed, and show street names andJ indicate erlor or corner lot. STATE OF:/NEW YORK, ) ' ' / 0 6 z COUNTY (DF ............ ) S.S. - .... .. be, g of said owr application that the wi Sworn to b, Nolary Pu~ duly sworn, deposes and soys that he is the a~plicant ~d. He is the (Contractor, agent corporate officer, otc) f ............ er or owners, end is duly authorized to perform or have performed the said work a .... naro make cna ti~e this that ail statements contained n this applicat on are true to the best of his knovkl~dge and belief; and rk w I be performed n the manner set forth in the application filed therewith. Exhibit F ,~,. ;~..:,./~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,RMER OWNER N1-~7~ E~ ~ I ~'~' ; ~.:~~ S ~ ~Ja S~S. VL. FA~ COMM. CB. MISC. ~kt. Value ~ IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION ~ NORMAL BELOW ABOVE RM Acre Value Per Value Acre ~b'l~ 1 ~bl~2 ~ble 3 ~dlond mpl~nd FRO~TAG~ ON WATER ;blond FRONTAG[ O~ ROAD ~ se Plot DEPTH ~ ~ ,~ ~ BULKH~D :1 DOCK COLOR fV~, Bldg. Extension ~ension Extension :Porch Breezeway Garage Pa~io o: B. TOtal Foundation ~xt. Walls Fire Place Roof Bath Floors Interior Finish Heat Rooms 1st Floor /% Dinette LR. DR. BR. P, ecreation Room Rooms 2nd Floor FIN. B. Dormer Driveway FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES COMPLETION OF THE WORK AUTHORIZED) UNTIL FULL PERMIT NO. 29462 Z Date JUNE 6, 2003 Permission is hereby granted to: NORMAN WAMBACK 230 JAY STREET APT 17-D BROOKLYN, NY 11201 for : ADDITIONS AiqD ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR at premises located at 3850 CAMP MINEOLA RD MATTITUCK County Tax Map No. 473889 Section 123 Block 0005 Lot No. 018 pursuant to application dated APRIL Building Inspector to expire on DECEMBE~/~,200~4~ Fee $ 231.30 10, 2003 and approved by the 'ized Signature ORIGINAL Rev. 5/8/02 May 16, 2003 TO: FROM: David Bers Architect Norman Wamback SUBJECT: Set-back Averaging, Re: Variance Appeal Dear David, Speaking with Damon in the Southold Town Building Department regarding the 12 by 36 inch wedge of the new construction that will be 12 inches under the zoning regulations, they said I could take the homes up to 300 feet on either side of me and measure the distance they are from the road, and then average the distance. Here are the results: Tax map # 123-5-17 Beirne # 123-5-18 Wamback # 123-5-19 Cain # 123-5-20 Bergamini # 123-5-21.2 Villanueva 51' frontage 15½ feet from road (can't use in the averaging) 106' frontage 30 feet from road 106' frontage 10½ feet from road 123' frontage .~ 36 feet from road 92 total Dividing the total footage from the road by 4, I come up with an average of 23 feet. Based on this, I would not be required to request a zoning variance. Damon said he would accept your verification of the measurements. Thank you. Norman Wamback LAND NOW OR ROBERT J. BERGAMINI, MARGARET M BERGAMINI, CHARLES F. CAIN& MARY E. CAIN NOTES: NEW PORCH AREA = 297 S.F. FNt0.7' W ~ ~.o'~ NEW ROOM AREA = 158 S.F. EXISTING CONSTRUCTION NEW COVERED PORCH NEW LIVING ROOM EXTENSION REMOVE EXISTING STAIRS NEW STAIRS LAND NOW OR FORMERLY OF CHARLES F. CAIN & MARY E. CAIN I.~l)C~. 0.2' LAND NOW OR FORMERLY OF JAC0.UELtNE M. FEDNYAK RAYMOND E. FEDNYAK N 85°10'00'' E 1 56.7' Z STORY FRAME DWELLING 19...1 S 04u49'00" E LAND NOW OR FORMERLY EDNA BEII~NE & MICHAEL E. BEIRNE 'T Exhibit G TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE D;T. SUB, LOT ACR. TYPE OF BUILDING COMM. CB. MICS. Mkt. Value REMARKS////? ;W RM BUILDING CONDITION NORMAL BELOW Acre Value Per Acre ABOVE Value -h> 8, S",, 6,-- *Ors,- % able 2dlond ]dowl.and FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH ,se Plot~OJ -~1 ~ t ~ OO _.~'d:2ff BULKHEAD al DOCK 123.-5-36.2 2/08 /~ ~'/oo ~ M. Bldg. Extension Extension ~,Extension ~Garage Porch Deck/Patio Pool A.C. O.D. Dock _.00 Foundation Basement Finished B. Fire Place Ext. wa,s Dormer OTHER Bath Floors Interior Finish / Heat /.Fo EeA ~v- Dinette Kit. ER COL TRIk 1st ; BR. 2 Baths ~-_~__~ Faro, Bm, Foyer Laundry Library/ Study ~ iOLOR 4. Bldg. xtension · / ~ ~tensiod ~tension )rch 'eezeway ~rage ~tio B. )tal ~tx' /~: 13/ /?-_.~? 7 ~-~ ' Foundation Basement IExt. Walls Fire Place rype Roof Recreation Room Dormer Beth Floor? Interior Finish Heat Rooms, ] st Floor .RoOms 2nd Floor Driveway I~fette LR, DR. FIN. B UTIL 5~5o I I'O~NV 51TE PLAN I 00,00 LAND N/F OF DUNN BA~ED ON SUP.V~'¢ FOR JOHN MAZUP. 51TUATED AT: MA~-ITUCI(, TOWN OF SOUTHOLD SUFFOL~ COUNT'C, NEW' ¥OPd¢, DY: I(~NNEI'H M.W'OYCHUK LAND SURVEYING AND DESIGN FIL~: #25-47 DATED APP-JL 2 I, 2005 S.C.T.M # I 000- I 23-5-3G.2 AREA 15,8.34 5.F. OP. 0.32 ACRE5 ELEVATIONS FROM SURVEY DATED APRIL 30, 1976 BY': HOWARD W. YOUNG LAND 5URVEYOR ENTIRE PROPERTY FLOOD ZONE AE 8 JOHN MAZUR Jp.. 3200 CAMP MINEOLA RD. REV. MAY 07, 2007 139UED (OP.IGINAL) NOV. 2~,, 2006 FA I EWE AT M E I~.- B F-.O W'N DESION AS.5OCIATE~,INC. 205 DAY AVENUE GREEN?OR.T, N.Y. 11944 g31-477-9752 (Fax) C.31-477-0973 Exhibit H S.C.T.M. NO. #RIO-07-O125 DIS'IRICT: 1000 SEc'noN: 123 BLOCK: 5 LOT(S): NONCONFORMING LOT LESS THAN 20,000 SO,FT. 55' FRONT 35' REAR 10' SIDE (25' TOTAL) 20~ LOT COVERAGE ALLEN DRIVE FD EXISTING HOUSE,DECKS & STOOPS - 1,394 S.F. SHED - 99 S.F EXISTING LOT COVERAGE 14.9~ PROPOSED ADDITIONS - 1,275 S.F. AREA OF OVERLAP DECK/ADDITION - 22 S.F. PROPOSED LOT COVERAGE 27.5% EXISTING SANITARY SYSTEM TO BE ABANDONED & BACK WITH CLEAN COARSE SAND. HOUSE FACES CAMP MINEOLA ROAD REAR YARD 21' NOTE: AVERAGE FRONT YARD SETBACK FOR :INC FAY COURT IS 9.$'. '1 DWELLING DWELLINGS F FILLED r~) W/PUBLIC WATER · ~' LAND N/F OF MAZUR SHED O.3'N.~ 100.00' W~RE FENCE O.3'N 85'11'00" E / x- ~ ~,~/ FRM, ~ ~ EL 7.6 SHED ~ 5' ~6"OAK FD 12.2' MtN 2.7'S 20 0 EL. 7.0 0 =' "" PROPOSED ~ ADDITION x , [~.~ [~ ~ · ~ ~ ~ z ~ II 1ST FL ~L 7.9 10,0' ~ PROPOSED ~ ~ m ~. ~ ~ /ADDITION ~ EL 5.8 PROPOSED ~ PERVIOUS DRIVEWAY ~2~ ~ ~EL 6.2 EL 5.3 ~ ~~ 2 RAIL FENCE J O.8'N n n· g z S g~"ll'O0" W 100.00' ~ DWELLINGS W/PUBLIC WATER TAX LOT # 1000-123-5-12 SET BACK 9.2' U.P 8 WATER EL 1.0 TAX LOT // 1000-12.3-5-15 SET BACK 9.9' TAX LOT # 1000-123-5-14 FACES REEVE AVE - 55' SIDEYARB TO FAY COURT PROPOSED SANITARY BY FISCHETTI PE 12-05-07 ADD LOT COVERAGE 11-14-07 ADD TREE LOCATION & AVERAGE SETBACKS 11-05-07 ADD PROPOSED SANITARY 10-22-07 ADD PROPOSED ADDITION 10-16-07 FIRM ZONE AE(EL 8) AREA: 10,000 S.F OR 0.25 ACRES PANEL 482 ELEV. 7.0 BROWN SANDY LOAM ~ROWN SILTY SAND THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS ANO OR DATA OerA,N.CO FROU OTHERS. ELEVA "ON DA ruM: ....... ............. N. Y. $. LIC NO. 50227 CERTIFIED TO: DUNN: KENNETH M. WOYCHUK L.S. Land Surveying and Design P.O. Box 3, Mattituck, New York, 11952 PHONE (831) ~8-1§88 FAX (esl) 298-1588 FILE # 27-110 SCALE: 1":20' DATE:SEPT. SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK 21, 2O07 UNAUTHORIZED ALTERAtiON OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STAT~ EDUCATION LAW COPIES OF TH/5 SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR I~HOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE A OT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS ND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY Exhibit I Exhibit I TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER STREET ~ ~)(~ VILLAGE DIST. SUB. LOT ~,,~ ~oC~_~cccc ~-~ /~C.E..~ S W TYPE OF BUILDING ~s;2.-L6 I s~As. VL. FArM CO~M. CB. ~ISC. Mkt. Vo,ue _LA~D IMP. TOTAL DATE REMARKS ~AGE BUILDING CONDITION ' ~(3]O~' ARM Acre , Value Per Value Acre Ila~ I lable 3 ~odland ampbnd FRONTAGE ON WATER Jshland FRONTAGE ON ROAD ,/~ ,use Plot DEPTH ' BULKH~D ~ol DOCK COLOR 31dg. nsion nsion Foundation B~z'ement Ext. Walls Bath Floors nterior Finish nsion Fire Place / Heat Type Roof C~ . Rooms 1st Floor h , Recreation Roorr Rooms 2nd Floo h ., Dormer ~zewoy :ge Driveway il Dinette K. LR. DR. BR. FIN. B. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL~'-RK'S OFFICE SOUT~4OLD. N. I~l~i~Tll:'lrl. ATlC OF' OO~UPAN~Y No.., ,~...2,~.0, .7.. Date .......... .O~...t..O..b~..i~. ,~.7 ......... 19...5,6 THIS CERTIFIES that the building located at ~.~tlllp..t~l,~.~..o.~.t~,..1~.O..ti.cl. ........ Street Map No ..... ~ .... Block No, ~ ........ Lot No .... eon~orrns substantially ~ the App~cati, on for Building Permit heretoi~e filed in this office dated ..... ~p~l~..~ .......... ~9.66. pu.~uant to whi~ Building Permit No. ~05~ .Z. dated ..... ApSeS. ~ ......... , 19~6., was issued, and co~orms to all of ~e require- men~ ,of the applicable provisions of the ~w. The ~cupancy ~or which .... ................................. The certificate is issued to ...~..~ .......................................... (owner, lessee or ten.t) of ~e Moresaid building. ~ffolk County Department of Health App¢oval ......................................... ........ Building I~s~fctor--' ' TOWN OF SOUTHO~.D BUILDING DEPARTMENT TOWN CLERK'S OPFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BI:: KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 3052 Z Permission is hereby granted to: .............. C.'a~:eheg,,.~ ........................................... to ... 3~uild.. ~r~...e~¢~i4:io~.. 4~r~.,~.. e~,i~:i~§...d~e~l~,~§ ...................................................... at premises located at ...~/$....~]~..~.~e~.~..~a~ ..................................................................... ................................... ~Ta~.t 5~u~... ~......l~oAf. ....................................................................................... pursuant to application dated ............................ ~p~-~L......~..~ ............19..~(~., and approved by the Building Inspector Fee $.. ~-,.O.Q ............ Build.ing Inspector '[ TOWN OF SOUTHOLD BUILDING DEPARTA~ENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Exam,ned ........... Approved ........................................ , 19 ........ Permit No .............................. ~i~pp~o~d ~x~ .......~....~=. ............................................ (Buildin~ Insp~or) Application No..?..O...~.~.....~'T... ...... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detailed description of layout of property must be drawn on the diagram which is part of this applica- tion. c. The work. covered by this application rn~3y 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whale or in pa rt for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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 Regubtions for the construction o,~ buildings, additions, alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. ~'~ig~'ature or applicant, or name, if 0 corpor~'tJon)/' ...... ....................... State whether applicant [s owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...~./.C~.,f....,g.. ......... .c.. ~F~.T~..,f..~ Z~..,s. ............................................................................................................................... Name of owner of premises ../.~...~....~...~'.........~..~....~...,~..~-../~.. .................................................................................................. If applicant is ~ corporate, signature of duly authorized officer. . ......... (Nome and title/of ~,-~6r,~orate officer) I. Location of land on which proposed work will be done. Map No,: ........................................ Lot No.: ...................... Street o.d N.mber ..(..~C....~.Y.~.~....z.~ ........ ~.~.~: ......................... ~.Z.~./...z.~.~. ...................................... Munlcipality 2. State existing use and occupancy of premises and intended use end occupancy of proposed construction. o. E×isting use oad accupanw ...~..C-'...~./..~/~..(~ ............................................................................................ b, ~.tend~d .s~ o.d o~o~paney ....~.f./..~.~.¥.E.~ ............................................................................................... J. Natqre of work (check which apteU-able): New ~uiiding ,; .................. Addition ..,,~"' ........ Alteration ....! .............. Repar .................. Remova! ....... ~Jj... Demolition .................. Other Work 4, Estin ated Cost .g-~ ~ 6 ~~ .................. ' ............ ~ ...... Fee ~'~ 6'~ (to be paid on filing this application) 5. If d~ ~lJing, number of dwe ling un ts ............. /_ ................ Number of dwelling units on each f oar ......... ~..i .............. If g~ 'age, number of cars ............................................................................................................................. ! .............. 6. If bllsiness, commercial or mixed occupancy, specify nature and extent of each type of use J 7. Dirn~ns ohs of ex st ng structuresr f any' Front ~- ~' / Rear *~ J' ! ~nfh ~ / / Height ............./.,,~',. .......... Number of Stories ....... / .... Dim ~nsions of some structure with alterations or additions: Front ~ ~/'! ~-~ z! Depl ......... .~.~ ................... Height ..... /g/ Number of Star es / 8. Dim~ lsions of entire new construction: Front ......... .,~z...~.. ............. Rear ,~ Z- / Depth ............................. Heig ............ L..4~. ............. Number of Stories ....... ~, ..................... 9. Size~ lot: Front ~ ~) ~ · / P ~ ' J ............................. Rear ................................... Depth ....... ./. ~..~...~. .......... 10. gat~ of Purchase .......................................................... Name of Former Owner ......................................... ~ .............. 1 1. Zon ~ or use district in which premises ore situated. /~. ~)(.~./~,~/ 7,~-Z. J2. Doe~ proposed construction violate any zoning law, ordinance or regulation? ,,,~ .......................................... i .............. I3, Nan e of Owner of premises //,.fJ,~,~b/Y ~(J/~ Address /~f/177'/2~'[~ r ...................................................................................... Phone No ................... Nar, e of Architect .................................................... Address ................................................ Phone No, ..,] .............. Nar~ e of Contractor ,.~//..P..,/.'~.~.~,.~_.Z~.~.7.~../~ .......... Address .g.4:~.../~,.~.~...~,~.,7..~..,~,.,._ Phone No..~.~...~..~.~_~,J-- PLOT DIAGRAM Loc4e clearly and distinctly all buildings, whether existing or proposed, and indicate oil set bo-'- J:-- i . property J}nes, Giv, street and block numbers or description according to deed, and show stree; whether ilterior or corner Jot. STATE OF COUNTY NEW YORK, ) ) DF ............................ ) S.S, ............................................................................................... being duly sworn, deposes and soy~ that he is the ippllcant 4ome of individual signing application) " above nam ~d. He isthe ............. ', of said o~ (Contractor, agent, corporate officer, etc.) ~er or owners, and is duly authorized to perform or have performed the said work and to make andi file this appllcatior; that all statements contained [n this applicat on are true to the best of his knowledge and belief; and that the ~ grk wJJJ be performed in the manner set forth in the application filed therewith· Sworn to ~ efore me this ..... · /..,~-.~=~,..., day of '"~"*";~-r ........... , 19..~ ~'~/~/_.,.~. //c:/h. ! /.//x~_ · G ....... .................... ' ........ ( / ~lo, 52,3233]~0 Suffolk 10. 11. 12. 13. property whether .~u~u~ or work tcneck which applicable): New Building .................... Add'it/an .,. ~ ....... Alteration Repa r ................ Removal Demolition .................. Other Work I ] .................. Estin ated Cost .~,,~ ~ ~ ~-~ ..................................... Fee (to be paid on filing this application) If d~ -~lling, number of dwelling units .............. ./,, ............... Number of dwelling units on each f oar ........ ./.....'. ............ If ga age, number of cars ................................................................................................ ~ .........i .............. If b?iness, commercial or mixed occupancy, specify nature ~nd extent of each type of use .................... ~. ............. Dimensions of existing structures f any- Front ~,~(- Rent ~ .~/ ~ -~i / .......... ~ ............... Number of Stories .......... ?. ................................................................. Dim<nsions o~s?me structure with alterations or additions Front ~ fi Re ~'~,Z"?". .............. ........................ ar Dim~ ~sions of entire new construction: Front .... ~...~..f. ............. Rear ,Z ~ z ' Hei.c ,t ................. ..~.. ......... Number of Stories ........ ~ .................... Date 'of Purchase ............................ .......................................................... Norn~ of Former Owner ................. Zon~ use d~strlct in which premises are situated..../~./Z ,.f/.,~..~.~./}' T//I~- I Does proposed construction wolate any zoning taw, ordinance or re;~lation? .....~. .............................. i~ Nam ~ of Owner of premises A/~,~/~,~# ,o~-~/4z/~ Ar~dr~ /~l~'TT/~ Z/i~ r .................................................................. ~ ......................... Phone No...J ............. Nam ~ of Architect ......... . ....... Address .................. . .......... Phone No.....! ............. I~LOT DIAGRAM Locai ~ clearly and distinctly a~l buildings whether existing or proposed, and indicate all set-back d menslbns from ~es. Give street and black numbers or description according to deed, and show street names andi indicate ~edor or corner lot. STATE OF COUNTY of said owr application that the wi Sworn to b ....... Nolory Pu NEW YORK, ) ¢ ~ )F ............................ ) -~.~. ....... :' . . · ....................................... emg deposes and says that he is the appNcant ama of I~a'la~"~'(g"~r~n~'-c]~plication) duly sworn, ;d. He is the (Contractor, agent, corporate officer, etc ) ! ............. er or owners, and is duly authorized to perform or have performed the said work and to make and ~lf e this that all statements contained in this application are true to the best of his knoy~ledge and belief; and rk will be performed in the manner set forth in the application filed therewith. )r~ me this ... of ..... , -- .- -- · ........ , ............. TOWN OF $OUTHOLD RUILDING DEFA£T~I:NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. APPLICATION FOR BUILDING PERMIT iNSTRUCTIONS a. This application must be core, lately filled in by typewrite~ or in ink and submitted in duplicate to the Building Inspector. b. Plat plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detoi|ed description of layout of properS/ must Be drown on the diagram which is port of this applico- tion. c. The work covered by this application m~y not be commenced before issuance of Buildlng Permit. d. Upon approval of this application, the Building lnspecfor will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in pa rt for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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 alterations, or for removal or demolition es herein described. The applicant agrees to comply with all appNcoble laws, ordinances end regulations. ..... ........................ State whether applicant is owner~ lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ........................................... = If app~Jicoat is a corporate, signature of ~uJy authorized officer. (Name and title or co~orate officer) I. L~catioh of land on which proposed work will be done. Map No.: ........................................ Lot No.: ...................... , Street and Numbe ........................ ~ .............................................................................. . ..... ~' ~ ,. · Mun c po 2. ~ate existing,use and occupancy of premises end intended use find occupancy of p~oposed Exhibit J TOWN OF $OUTHOLD PROPERTY RECORD CARD WNE~ ST~E~ /(~i:: ~ W,b~E ~ST. SUB. ~-OT ~. ~ ~ w. ' ~ co~. c~. ~sc. ~k~. ~D IMP. TOTAL DATE REMARKS / ~ ~ / ~ ,~ ~, [~ NORMAL BELOW ABOVE ARM Acre Value Per Value Acre la~ 2 lane 3 ~odland :mpbnd FRONTAGE ON WATER use Plot DEPTH BULKH~D al D~K Bldg. ension ension ~ension 'ch eezeway rage ~tio COLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath FJoors Inte'rior Finish Heat Rooms 1st Floor Rooms 2nd Floor inelte FIN. B. SURVEY FOR: THOMAS .~ KANE 8, WILLIAM F. KRLIS At: MATTITUCK Town of: SOUTHOLD Suffolk County, New York 3. Natur. e of work (check which ap licable)~v Building .......... Addition ......... '['.... Re, air .............. Rem?at .... ,~, ....... Demolition .............. 4, Est mated Cost /~ ~ ~ 5. If dwelling, number o f dwelling enit~ ..... /. ........ Number of dwelling units on each floor ................ . If garage, number of em ..... ~. ................................................ ... 6. If business, co~merci~ or m~ed o~upancy, spotty natE[e and extent of eac~ ty~e of um ..................... 7. Dimensions of existing structure',if any: Front. gY.'.4 ........ Rear ~ ~..( ........ Depth He~t ... ~{ '. ........ Numger of Stohes ........... ~ ..................... D~enslons of same s~mcture wi~ ~terations or add t OhS: Front . .~'~.~ ......... Rear .................. Depth .................... ~.. HeiSt ...................... Number of Sto~s .............. ~ ........ 8. Dimensions of entre new const~',ction. Front 3 ~ ~ < ~ Height ............... Nu~er of Stories. ,. 9. Size of lot: Front ~q i ~ ~O .............. &"~f .... ~k'~ ............... ~0.o~t~ o~h~ ;Z~'( ................ ~2; :;~k'~' ' '; .... ~v~ .~.(~. ~; .............. I 1. ~one or use ms,ct m whmh premises are ~tuated ..................................................... 12. D~es proposed construction violate any zoning law ordinance or m~lat on , ff.~ ............ ........ ". ..... 13. Will lot be regraded ...... ~S,~ ~). ~;; .......... Will exge~s, fill b~,~moved from premises: Yes No 14. N~e of Owner of premises ~ ~ ~/~. Add~-~l ~ ~5. Ia chis p~oper~y ~h~n 3;00 ~eet o~ a ~d~ we~l~ ~es ' 7' '' *X~ yes, Sou~hoXd T,~ T~ua~eee ~emi~ ~y be ~equir;~[ .............. ' P~T DIAG~ Loca~ ~e~ly ~d ~s~cay ~[ buBd~, wh~'~er exis~8 or proposed, ~d, indic~ts ~1 set-back d~ensians from prope~y ~nes. Give street ~d block ~ umber or description a~o~8 to deed, ~d show street n~es ~d ~dlcate interior or co.er ?/ SrAT~ o~ ~r~g7~_ / I~., country--S. ZU2~..:I.~.. '.s ........ ....... ~(~'~m~~''''~/' :~ ' '~' ~ being duly sworn, deposes ~d says t~t he is the applicant ( amc o[indlvidu~ slgni~ g contract) of said owner or owne~, ~d is duly au~ized.~erform or have perfo~ed the sam wore and to m~e and file this application; that ali satements contaJhed ~ this application are true to the best of his ~owleflge and ~ef; and that ~e Work w~l be perfo~ed Jn the m~ner ~et forth ~ the application filed themwit~. ' Sworn to before me this~/, Disapproved ale ..................................... ~1 OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 3 S~TS LS . .. ~URVEy c ~c~ ...~. ........ 22. ~EPTIC FORH (B3tfl~ng Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... 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. Fe~ according to schedule. , b. Plot plan showing location of lot and of buildings on premises, relafionskip to adjoining premises or public st~ets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered bY this application may not be commenced before issuance o f Building permit. d. Upon approval of this application, the Building InspeCtor w/Il issued a Building Permit to the applicant. Such 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 wtmtever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to thc Building Zone Ordinance of tho Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constraction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admitauth°dzedinsPect°rs°npremlsesandinbuildingf°rnccessargSpsP~Ctions. ~- t . , · · &./..~/~....~..Y~ .................... -- (Signature of applicant, or n~nlejf a corporation) ....~.,.~. ~ :. 4.~,.~....'g~...../!?. e.' .............. (MaiLing address of applicant) ........ C~,,../.. ;~?..~..~ ................. - ............................. : ......................... ~ame of owner of prom xes . d.~.'~.~..~... ~q f~.¥ .... q.~.et....~.t ././':~.C"L...//'.'~ .~.~.~. ........................... (Name and title of corporate officer) Builder's License No. ~/ fr~.5(. . . /{J. ...... ~ ..... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section .... [~ .~ ......... Block . ..D~. .............. Lot ..... d ~. .......... S bd ¥ ~ on ,n t~l ~o . Filed Map No. Lot .. (Name) 2. State existing use and occupancy o£ premises and intended use and occupancy of proposed construction: b. Intended use and occupancy ....... .-~.. q..~ DONALD A. DENIS Aquebogue ,%qusre ROU~ 25/~0. 8ox565 Aquebogue. NewYork 1193] (516) 722-3511 FAX. 516-722-3859 Donald A. Denis, A.I.A. Frederick R Weber, R.A. May 11, 1994 Town of Southold Building Dept. Main Road Southold, NY 11971 RESIDENCE OF THOMAS S. KANE AND WILLIAM F. KRLIS FAYE COURT, MATTITUCK, NEW YORK TAX MAP #1000-123-5-13 & 28 Gentlemen: We have been [etained by the Owners to recommend the methods necessary to have their residence comply with the NYS Energy Conservation and Construction Code. The residence is presently being renovated to include a new kitchen and a new bath and also a new oil fired heating system. We make the following recommendations: 1. All existing windows are to have storm sash for both floors. 2. Provide a storm door for the door to the porch. 3. Install unlaced fiberglass bart insulation over the crawl/cellar, R-19. 4. Insulate all existing exterior walls of the first floor and the gable walls of the second floor with Fiberglass Blowing Insulation at the rote of a minimum pounds per square feet of .46 for a R value of 14. 5. Insulate ceiling of the first floor under the unheated attic (from the knee wall to the eaves) with the same fiberglass blowing insulation at a value of R-14. 6. Two (2) new windows are to be installed which are m be Anderson low E insulated glass. 7. Insulate the knee walls with 3-1/2" thick fiberglass batt insulation for a R value of 11. DONALD A. DE S TO: RE: DATE: PAGE: TOWN OF SOUTHOLD BUILDINO DEPT. THOMAS KANE & WILLIAM KRLIS MAY 11, 1994 2OF2 Install a new door from the Kitchen to the exterior. This door is to be insulated metal door with a pre-hung frame. We have attached an energy profile using Part 6 of the NYS Energy Code to confirm our recommendations. If there are any questions on the attached, please feel free to call. Ver? ~y yours, ~./~ DON~L~D'A. DENIS, A.I.A.~ DAD:dmh Eno. cc: Fr. Kane Mr. Robert Hallock FORM NO. 4 .TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No ~-23077 Date JUN 30~ 1994 THIS CERTIFIES that the building Location of Property 100 FAY COURT House No. County Tax Map No. 1000 Section 123 Subdivision ADDITION MATTITUCK~ NY Street Block 5 Lot Filed Map No. Lot No. Hamlet ~lB conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 14~ 1994 pursuant to which Building Permit No. 22036-Z dated MAy 4~ 1994 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 AL'£~ATION TO A ONE FAMILY DWELLING ~S APPLIED FOR. The certificate is issued to THOMAS KANE & WILL/AM KRLIE of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEA~TH APPROVAL UNDERWRITERS CERTIFICATE NO. PENDING PLUMBERS CERTIFICATION DATED Rev. 1/81 0~NE 23, 1994 GR~GORYJ. STAWSKI J~NE25, 1994 Building Inspec~ Exhibit K /L~O0 OW~E~ FO~AER OWNER _/~.~ _~-_//TOWN OF SOUTHOLD VL TOTAL AGE FARM DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Fillable 1 2 'illable 3 ¥oodland ;wampland :rushland louse Plot 'oral Value Per Value Acre PROPERTY RECORD CARD VILLAGE ' DIST./ SUB. LOT REMARKS TYPE OF BUILDING, ,' F FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 2/ol Extension Extension Ext,~nsion ~, 2o~= So~/~' 5°Z \ Foundation Basement Ext. Walls Fire Place Porch Dormer Deck Breezewa z/,t5 g Garage Pool Driveway PC¸ FULL Bath Floors Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor Dinette Kit. L.R. D.R BR. Fin. B, COLOR TRI,M Bldg. xtension xtension ~xtension )orch Breezeway ~arage !Potio lotion Basement Ext. Walls Fire Place Type Roof Both Dinette 'Floors 6-t~,~,,~_ ~.,~.~ K. Interior Finish LR. Heat Rooms 1st Floor Rooms 2nd Floo~ DR. BR. FIN. B. Dormer rlveway FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29092 Date: 11/20/02 THIS c~u<PIFIES that the building ADDITIONS & ALTERATIONS Location of Property: 50 FAY CT (HOUSE NO.) (STREET) County Tax Map NO. 473889 Section 123 Block 5 Filed Map No. __ Lot No. __ Subdivision MATTITUCK Lot 14 (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in th/s office dated JUNE 21, 2002 pursuant to wb-lch Building Permit No. 28488-z dated JUNE 21~ 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 ADDITION AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOHN J & ALICE H MAZUR JR (OWNER) of the aforesaid buildin9. SUFFOLK COU1Fi'YDEPARTM~TOFIt~J~LTHAPPROVAL EL~-£~ICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 10/29/02 STEPHEN T KARRASS Signature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP~TMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PF~RMIT NO. 28488 Z Date JUNE 21, 2002 Permission is hereby 9ranted to: JOHN J JR & ALICE H MAZLrR 12 TRESCOTT PATH FORT SAJLONGA,NY 11768 for : AfPDITIONS ~ ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. THIS PERMIT REPLACES PERMIT NIIMBER 25508-Z at premises located at 50 FAY CT MATTITUCK County Tax Map No. 473889 Section 123 Block 0005 Lot No. 014 pursuant to application dated JUNE 21, 2002 and approved by the Building Inspector to expire on DECEMBER 21, 2003. ~ Fee S 249.90 ~z~~~' ORIGINAL Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25508 Z Date FEBRUARY id 1999 Permission is hereby granted to: JOHN J JR & ALICE H MAZUR 12 TRESCOTT PATH FORT SALONC~AtNY 11768 for : CONSTRUCTION OF ALTS. & RENOV. TO THE 2ND FLOOR OF AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR.1ST FL CONSISTS OF STRUCTURAL WORK ONLY. at premises located at 50 County Tax Map No. 473889 Section 123 pursuant to application dated DECEMBER Building Inspector. FAY CT MATTITUCK Block 0005 Lot No. 014 17 1998 and approved by the Fee $ 175.00 / ~ Auth0riz~d Signature ORIGINAL Rev. 2/19/98 ! - SURVEY i~OR ~ JOHNJ. MAZUR, JR. & AlICE J A T ~ TT/TUCK J , '.~, TOWN OF $OUTHOLD I .5'UFFOLK ~,OUNTY, N Y. ! ~ - ~a- ~.~ - a5 I CERFIF/£~ TO, , ,' , ....... I aO~,N .x ~zu~, ~. · "' , . ' IW~ _ 3 2000 { -~'0~ NO. I OF 76.5-1802 title of cor~rate TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, Ho Y. BUILDING PERMIT (THIS PEPJ~IT MUST BE KEPT ON THE pREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission Is hereby granted to: ~..u~,.,,.,~...~,~ ........................... ~ - ~. ./.. ./. . .. ~~..9~ .......... ~:..~z~..z, ....... ~/o ~~....~._..~.~ ......................................................................... ~, ~,~ ~,~ ~, ....... ~._._~.....~~ ................................................................ pursuant to application doted ....................................................... , 19 and approved by the Building Inspector. Rev. 6/30/80 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~TIFICATE OF CC~PANG"f No Z-24861 Date JANUARY 21, 1997 THIS CERTIFIES that the buildin~ Location of Property 50 FAY COURT County Tax Map No. 1000 Section 123 Subdivision ALTERATION MATTITUCK, N.Y. Street Hamlet Block 5 Lot 14 Filed Map No. Lot conforms substantially to the Application for Building Permit heretofore filed in this office dated JAN~A~X 3~ 1997 pursuant to which Building Permit No. 23881-Z dated JI%N~AR~ 6~ 1997 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 ALTER AN EXISTING EUILDIN~ SPECIFIC TO A TIRPLE 2 x 10 GIRDER AB APPLIED FOR. The certificate is issued to RICHMOND S. CORWINg JR. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTiFiCATION DATED N/A Rev. 1/81 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: i. Final survey of .property with accurate location of ail buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building~ industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements, For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and Vpre-existing" land uses: i. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existinR Buildinz - $100.00 3. Copy of Certificate of Occupancy - 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date ..... ~$.1~ ...... New Construction ........ . .. Old Or Pre-existing Building ............. . ... Location of 'Property. ~.~ ~¥ ~T House No. Street Hamlet Onwer or Owners of Property ..... I ~ ~_~col~ ..~...~...%~..~. county T= ~p ~o i000, seotinn..Ml~.~?...Bloc~...!~:..~. ..... ~ot..!% ................. Subdivision .................................... Filed Map ............ Lot ...................... Permit No ................ Date Of Permit ................ Applicant. ~%~.~9~.~..- ........ Health Dept. Approval .......................... Underwriters Approval ......................... Planning Board Approval ........................ Request for: Temporary Certificate ........... Final Certicate,....~/.. .... Fee S~mittsd: $ ..... , . ......... .................. APPLICANT '~' Co t~ ~ I ,, .................................... 765-1L802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION2ND [ ]INSULATION [ ] FRAMING [ ~ [ ] FIREPLACE & CHIMNEY ~ ., .......... g..q.. £~. ~r .............. ~.'~...:.T.¥sS. ....................................................... ~,,,,~ '~'.,~ mp .~..;~ ~t~ .... ~.~ .... .~,~ ..~..7.~... ~ ~ ............. ~livl nim~ ....~.. ~ ............. Fi led ~p ~) ................ lot ............... (~e) ,,. ~i,,~,,. ,,~ ~,~ ~.~:7 ........ S~.~....~v~.~.~.~: .................................. ~,. ~,,~,~,~ .~ ~ ~,~:~ ........... ~... ~;.V.~.~.C ............................... APPROVED AS NOTED FOR POURED CONCRETE HELENE D. HORNE Notary Pub lc, State of New york Exhibit L TOWN OF SOUTHOLD PRO~RTY'"RECORD CARD 'WNER STREET DRMER OWNER N ~[ ~ S , W ~PE~OF BUILDING S~ S~S. VL FARM ' ' CO~. CB. MICS. Mkt. Value ~ ~ IMP. TOTAL DATE R~RKS ,; l~ble FRONTAGE ON WATER ,~land FRONTAGE ON ROAD adowla~d DEPTH use Plot BULKH~D '~1 Exteneibn Extension Ext.,ension PorchA-~ Porch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer R,e ~'~ Bath Floors Interior Finish Heat Rooms Ist Floor Rooms 2nd Floor DriveWay Dinette K. LR. DR. BR. FIN. B FORM NO. 3 NOT~CE OF DISAPPROVAL DATE: April 8, 2004 RENEWED: June 28, 2004 AMENDED: July 19, 2004 AMENDED: August 2, 2004 TO: David Bers Architecture A/C Bozzo 39 West 14th Street, Suite 504 New York, NY 10011 CE Please take n°tlee that x°ur applicati°n dated April 8' 2004 For permit to construct a4:tclitions and a!terations to an existing single family dwellin Location of property: 6135 Camp Miqeola Road, Mattituck, NY County Tax Map NO. 1000 - Section [ 2;1 Block5 Lot 27 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to this non-conforming single family dwelling, on this non- conforming 7,623 square foot lot, in the R-40 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 ora non-conforming building containing a eon forming use, provided that such action does not create any new non-conformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of 7.4 feet, a total side yard setback of 17.7 feet, and a total lot coverage of 28.45 percent. The proposed construction will have a single side yard setback of 7.7 feet, g, ~gtal sidle yard setback of 22.2 feet and a total lot coverage of 33.14 pement, Pursyant to the ZBA's Interpretation in Walz (#5039), such adglitionp and alterations will thus constitute ~an increase in the degree of nonconformance. Thereforo. the proposed addition is not permitted, pursuant to Article XXVI..%otiqn I 0fl-244. w ,hie~ s!ates tha.,t.~on.-cpn, formin, g !O~S, ~easwine_ less than 20.000 square_foot in total sizo, reauim I~ mtn/mum s~n'gl~ s~de yard. seiback of 10 leech' a¥fibl side ya(d Setback 6~2~ febt mid a iotal lot coverage of 20 percent. In addition~ Zoning Board of Appeals decision #3553, dated November 19, 1986, regarding the Bozzo residence, states that total lot coverage on the property may not exceed 24 percent. This Notice of Disapproval ~vas renewed on June 28, 2004, on July 19, 2004, to include references to ZBA decision #3553, and on August 2, 2004, to correct lot coverage based on a new survey from Martin Hand, da~ed July 23, 2004. Authol:i~d/Sig~tl~ Note to Applicant: Any change or de~qation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http:/!southoldtown.northfork.ne¢ BOARD OF APPE,a~L$ TOWN OF SOUTI-IOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Town Clerk ZBA File 5567 - EUGENE AND GEORGENE BOZZO Property Location: 4135 Camp Mineola Road, Mattituck; CTM 123-5-27. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 7,665 sq. ft, parcel has 50' along a 30' wide private right-of-way known as Camp Mineola Road, 168.56 feet along the westerly property line, 49.57 feet along the mean high water, and 167.18 feet along the easterly property line. The parcel is improved with a single-family dwelling and accessory garage, as shown on the December 11, 2003 survey prepared by Martin D. Hand, L.S., amended 3/8/04. The lot coverage was proposed at 35.7+- percent. BASIS OF APPLICATION: Building Depadment's April 8, 2004 Notice of Disapproval, amended July 19, 2004, citing Sections 100-242A and 100-244B, in its denial of a building permit, conceming proposed first and second story deck additions: (a) with relief from the lot coverage limitation of 24% restricted under Appeal No. 3553; (b) with relief from the code requirement for a single side yard at less than 10 feet on a single side yard, and less than 25 feet total for both side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct additions with alterations to the existing dwelling. The December 11, 2003 survey, amended 3/8/2004, included applicant's original request for a proposed 14' x 24' 1'~ and 2® floor open wood deck with side yards at 7,7 feet from the westerly lot line and 10.3 feet on the easterly lot line, and total side yard area of 18 feet, at its closest points. The lot coverage was clarified and adjusted to 33.14 percent of the total lot area (to the current high water mark and deeded property line along the rear yard) shown on the July 23, 2004 survey amendment. Pagd 2 - October 7, 2004 File No. 5567 - E. and E. Bozzo CTM Id: 123-5-27 APPLICANTS' AMENDED VARIANCE REQUEST: On June 28, 2004 the applicants' architect submitted amendedst diagrams together w~th' an amended survey, all dated June 4, 2004, requesting a proposed 1 and 2nd floor (2"afloor unroofed) open wood deck (359 sq. ft.) as modified, with a proposed 10 ft. westedy side yard setback from the new deck and 7.4 feet from the existing rear/southerly yard, and 9.5 feet between the new deck and the easterly property line, and total side yard area of 16.9 feet, at the closest points of the building area. FURTHER CLARIFICATION AND AMENDMENT: On August 2, 2004 the applicants submitted an amended survey outlining the total lot area, based on the current high water mark and deeded lot line along the rear yard, at 7,665 sq. lt. This amendment also outlines the requested lot coverage of all areas, proposed and existing, at 2,540 sq. ft. (33.14% of the total lot area). The setbacks remain the same at loft. and 9.5 ft. for the new Ist and 2r~ floor 359 sq. fl. wood deck areas (with 7.4 ft. and 10.3 ft. setbacks remaining for the existing building). On September 16, 2004 an amended diagram was modified by the applicants confirming their request for a deck footprint of 234 sq. ff., for a 9' x 26' deck, instead of the 359 sq. ft. footprint, thereby further reducing the lot coverage maximum at 31.5%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby propedies. Information was furnished by the applicants indicating that their lot size as recently surveyed is 7665 sq. ft,, a 331 sq. ft. difference from prior years, based on the change in the location of the mean high water mark over a number of years. This resulted in a changed calculation of building coverage since the 11/3/86 issuance of limitations for lot coverage under Appeal No. 3553. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The addition is for a two-level deck area open on three sides of the structure, which will not extend beyond the existing nonconforming side yard footprint of the home. The upper level will not be roofed over or enclosed. 3. The variance granted herein is substantial. The code limits lot coverage to 20% of the total lot area and provides for a reduced deck size, with the provision that the total coverage not exceed 30.7%. 4. The difficulty was self-created and is related to the need for a deck without conforming to the current Town Code requirements. Page 3 - October 7, 2004 File No. 5567 - E. and E. Bozzo CTM Id: 123-5-27 5. NO evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The deck addition Is on the landward (front side facing the right-of-way). 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, 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 Gcehringer, seconded by Member Dinizio, and duly carried, to DENY the variance applied for, and TO GRANT alternative relief, with the following CONDITIONS: 1, The lot coverage for existing and proposed shall not exceed 30.7% of the total lot area; 2. The lower front deck shall be at ground (grade) level. 3. The balcony over the ground level deck shall not be enclosed (open on three sides). 4. A revised map shall be submitted for review before issuance of a building permit. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliv~Chairwoman), Goehringer, Todora, Orlando, and Dinizio. This Resolution was duly adopted (5-0): Ruth D. Oliva, Chai~:woman 11/ /04 Approved for Filing ' SURVI ~,¢~ DESCRIBED PROPERTY SITUATE A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNT~ NEW YORK S.C, T.M. DIST. t000 SEC, 123 BLK. 05 LOT 27 SCALE: I' = 20' DATE: DECEMBER 1 I, 2003 LO T ARE~'7, 665 SO. FT. = O~ f 76 ACRE (TO MEAN HIGH WA TER MARK) LOT AREA: ?~2f l SQ.F~ = O. 166ACRE ( TO BULKHEAD) ALLOWABLELOTCOVERAGE; 1,533 SQ.F~ = 20 % EXISTING LOT COVERAGE:Z t8f SQ.F~ = 28.45 % PROPOSED ADDITIONAL LOT COVERAGE: 35~ SO, F~ PROPOSED LOT COVERAGE (EX/STING & PROPOSED]: 2,540 SQ. FT. = 33 14 % PROPOSED IMPROVEMENTS DEPICTED ON THIS MAP ARE BASED ON APPROXIMATE DIMENSIONS DERIVED FROM CUENTS DESIGN AND/OR SrlE PLAN. THE PROPOSED IMPROVEMENTS ARE SHORW AS AN ACCOMODA TION TO THE CLIENT AND NO RESPONSIBILITY IS ASSUMED BY THE SURVEYOR FOR CHECKING THE COMPLIANCE OF THE PROPOSAL WITH ZONING OR OTHER REGULATIONS. JOB NO. 2003-504 MAP NO. FILED' REVISIONS:ADD 2 NO. STORY ADD/T/ON 3~004 ADD ELEVATIONS HSE. CORNERS& FIN, FL. 5'24/2004 REV. DECK& LOT COV. 6/04/2004 REV. EXIST LOT COVERAGE 7/23/20 UCENSE NO. OO0363 HANDS ON SURVEYING TI 46 NORTH ROAD HAMPTON BAYS NEW yORK 1 t946 ..... MARTIN G. HAND t,~ ELEVATIONS SHOWN HEREON ARE REFERENCED TO N.G.V.D, 1929 DATUM AND ARE THE RESULT OF ACTUAL FiELD MEARUREMENTS. 30' W o.,P LOT COVERAGE ARBAS: HOUSE: 1,375 SQ. FT~ GARAGE: 386 GQ. fiT, STEPS: 41 SO.FT. DECKS: 379 SO.I~ TOTAL AREA: 2, for SQ,FT AUGO~ ~004- GR¢'--A'T pp. cOt4tO MEAN HiGH WATER MARK AS OBSERVED ON DECEMBER l&, 2003 Exhibit M ~- ~ ~ ~ ~ -/~. ~ TOWN OF SOUTHOLD PROPERTY ~UCORD CARD VNER STREET · ~, ~ S~S. VL. ~ FARM , - CO~. CB. MICS. Mkt. ~ IMP. TOTAL DATE R~RKS ~ble FRONTAGE ON WATER dlend FRONTAGE ON ROAD dowlo~d DEPTH PI0t ,3 ~ /~O~/~ ~ ~ ~ BULKH~D COLOR 123.-6-12.3 1/07 ,M Bldg. Extension Porch Breezeway ' Gora~e~l~;~ T°tal i!0~ I' Foundation Basercent Ext. Walls Both Floors Ifiterior Finish Dinette K. LR. Fire Place Heat DR. J Type Roof Rooms 1st Floor BR. Recreation Rogm Rooms 2nd Floor ~IN. B .26o0 Driveway Te4-zd -~J - ~ ~.ob Dbrme r Exhibit N TOWN OF SOUTHOLD PROPERTY ~RECORD CARD ::)WNEP~ STREET~.'.'~,...,~'(~)j~' VILLAGE , DIST. SUB. LOT ~ [~O~¢t~ 3W~I~ . S W ~PE OF BUILDING ES. ~ ,oS~S' VL. ~ FARM. . CO~. CB.. MICS. Mkt. Value ~D IMP. TOTAL DATE R~RKS illabie FRONTAGE ON WATER t°~l°nd ' FRONTAGE ON ROAD teodowlond - DEPTH ouse Plot - ~-~ -r BULKH~D )raj TRIM 123.-6-12.5 3/05 Extension IA ~ ?-7 = ~-~8 / - Extension ~ ~<~ ~ [~ ~= ~ ,~ ~0 Foundation Bath Dineth ~h ~ V)2:~ ,. ~ ,'~ S~ Basement ~ Floors V~i(~& _6 I~terior Finish LR. Breezeway Fire Place ~. ~ Heat DR. ara e DZ~ t4~ ~ ~,~ ~ ~ ~e Roof Rooms 1st Floor BR. Patio ~ ~ ~ Recreation R~n R~ms 2nd Floor O.B. . Dormer Driveway ~ ~ , Total A~BEAI.~ BOAi~O Oer~zd. R Ooe..hri~,cr,' L~,"d.'~ A. Tor'~ara Mau/'een C. Ost, ermunn - S~uthold T~vn Hall P.O. Box 1179 $ou~hold. New Yo~k 11971 BOARD OF APPEALS TOWN OF ~OUTHOLD FINDINGS, DELL~ERATIONS. AND DETF~MINATION R~GULA~ M,F.~T~G OF SEI~T~EI~ 1Ii 1997 Appl. No. 450~ .o.Joyce Gv~t~an (Confer V~) DATE OF PUBLI~ ~H~NG: Sep~emb~ 11) 1997 ~INGS OF FACT . P~OP~TY situate on the ~sterlF side of C~p ~ ~d. ~ ~t ~n~-~ a to~ a~ of 14,113 ;q. ft. ~ dnpicted' on t~ J~ I2~ 1997 map. TI~ proper~y ~ vast ~d, ~ ~ s~ as Lot {~ on ~e ~une 1I, 1969 ~o~ 5ub~siou ~p for Le~ F, Howefl si~ by t~s lot ~ b~n s~e and aepa~e s~c~ 1983 pu~u~t ~ ~c. 100-~. July 10~ 1997 w~ch, ~ pa~ ~ it ~er~ ~ ~ app~on, have ~ddced f~t y~d ~ yard selba~. E~SON~ FOE BOARD A~ION, D~CRIB~ ch~ ~. ~c:~r of aei~bo~hoqd .' or a de~immn~ ~ n~b~ p~pe~s.b~a~e ~F of ~ ~ dwelling, f~m Te~ d~ ~o the.;~R s~e oi ~ese (2.) The b~neik.sou~:..~by ihe app~n~ c~,~ be a~eved hy some um~, feasible, fo~ app~ co pursue, o~her ~ ~ ~ ~ar~cm became %ppEca~t'~ p~per~. ~ s~bs~d ~ s~e, .t4,113 Sq. ~;, only ~+ ;f~c deep. Wi~out va~s, ~e app~t's house w~ be restricted to a depth o~ AO ~eet. (3) The ~uasted va~ce ~ no~ subm~ In ~om ~o ~e Re: 1000-123-6-12.5 (Gmttan) SouthoId Town Board of Appeal~ setback, and the proposed 27 ft. front yard setback represent a 23% reduction. (4) The proposed variance w~ql not. have an adverse effect or impact on the physical or environmenta/ conditions in the ne/ghborhood or distzdet because the vari~uce granted is minima/. (5) The diff~cdity has not been self-created because this 14,113 sq. ft. lot was duly created by aubdi'~i~ion in 1969 prior to the more stringent setback reqmrsments of the existing zoning code. (6) This action: ~s the minimum that the Board deems necessary ~nd adequate and ar /he same time p~servas and promcrs the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTiON/ACTION: On motion by }Iember Tortora, seconded by RESOLVED, to DENY the ~mlief as applied for a 2S ft. rear yard setback, and be it furthei' RESOLVED,' to GRANT ALTERNATIVE RELIEF for a 30 ft. rear yard setback at its closest poiat, reducing either the building and/or the deck addition to conform with the 30 ft. mi/durum 30 rear yard setback, and allow~ng a 27 ft. front yard setback at its two closest points (bay windows or step areas), SUBJECT TO THE CONDITION that the deck not be enclosed. VOTE OF THE BOARD: AYES: MF~%IBERS GOEIIRINGER, DINIZIO, TORTORA, OSTERMANN. (Member Doyen of FMhe~ ~nd was ~AI~N Ac~o~s JUL 2 8 2OO8 BOARD OF APPEALS