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HomeMy WebLinkAbout6212 APPEALS BOARD MEMBERO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD 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 .~RECEIVi~ //,~ ~ Tel. (631) 765-1809° Fax (631) 765-9064 'DEC MEETING HELD NOVEMBER 13, 2008 South61ct Towll Clerk ZBA # 6212 - COSTAS TERZIS, APPLICANT PROPERTY LOCATION: 765 Dogwood Lane, Southold CTM 54-5-32 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated September 22, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter'community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,806 square foot parcel, measuring 100 feet wide along Dogwood Lane and 67.96 feet in depth along the south lot line. The property is improved with a two-story stucco house and frame deck, as shown on the April 30, 2008 survey prepared by John C. Ehlers, Land Surveyor. BASIS OF APPLICATION: This request for Variances under Section 280-14 is based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a request to amend an existing building permit #32244-z for additions and alterations to the dwelling. The reason stated by the Building Inspector for disapproving the applicant's request is that the as-built construction constitutes a third story, and the Zoning Code limits construction to 2-1/2 stories in height. Page 2 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54-5-32 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 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: RELIEF REQUESTED: The applicant states he wishes to obtain a Certificate of Occupancy, for which a building permit had expired, and construction has been completed for a few years. The floor area which is the subject of the variance is the attic space shown on the building plans for use as storage and occasional recreational use, but without sleeping, heating utility or plumbing. Also requested are the rear yard setbacks as exist for the existing upper balcony near the attic, and lower deck (open to the sky). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Reversal of the Building Inspector's determination regarding non-habitable use of third story room, and Grant of the existing open deck with non-conforming rear yard setback will not produce an undesirable change in the character of the neighborhood or zoning district because: a. After review and inspection, the third floor attic was found only to be sheetrocked and painted, without the utility of heat, is with limited electrical outlets, the ceiling height is less than seven (7) feet. The Board finds this does not constitute habitable third story space. This 267.34 square foot attic is storage area which leads to a very small balcony offthe rear of the dwelling. b. An existing deck was built by the prior owner (circa 1978), 30 years ago, and acknowledged that it has existed without incident since then, except that the applicant is required to apply for a Building Permit and Certificate of Occupancy before it is occupied. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some other method for the applicant to pursue because: a. The applicants have demonstrated that the attic is not used as a third story. Page 3 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54-$-]2 b. As for the first-floor open deck, the limited rear yard is a permitted location for this addition. The Board will grant the setback variance with the condition of applying for the necessary permit for its existence, and Certificate of Occupancy before it is occupied and used. 3. Town Law §267-b(3)(b)(3). The amount of relief granted is not substantial compared to the overall size and square footage of the home. As for the as-built deck, the amount of relief requested is substantial representing a 50% variance from the code required 35 feet. The increase in lot coverage is not substantial representing an increase of 5%. Open deck construction is common to many of the ho6mes in the immediate neighborhood. 4. Town Law §267-b(3)(b)(5). The difficulty is not self-created. The area of the third story was spelled out in the applicant's certified construction plan when a permit was obtained, and labeled as an attic for use as storage and with a reduced ceiling height. This building area is not a third story, and the ceiling height does not meet the building code, and is nearly 7 inches below the requirement for legal third story livable space. The difficulty with regard to the deck is not self-created as it has existed for 30 years (built during 1978). 5. Town Law §267-b(3)(b)(4). Based upon the record, the Board finds no evidence has been submitted to suggest that grant of the relief herein will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the existing construction, 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 Dinizio, seconded by Chairman Goehringer, and duly carried, to INTERPRET, with regard to the attic, and based on the evidence gathered at the public hearing and documents submitted, with REVERSAL of the January 18, 2008, renewed July 18, 2008 determination of the Building Inspector, subject to the following Condition: Page 4 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54-$-32 That the third story as exists may be used for attic space, without sleeping or habitable space, provided there be no plumbing or heat utilities added, or additional electrical outlets, and there be installation of a sprinkler system at the top of the stairs leading to this room and balcony; and to GRANT the area variances with regard to the rear yard setback and increased lot coverage of the as-built construction, as shown on the April 30, 2008 survey prepared by John C. Ehlers, with the following Condition: Applicants must apply for a Building Permit and obtain Certificate of Occupancy for the as'built open deck addition on the rear of the dwelling. 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 minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin~m--~hairman), Oliva, Simon and Dinizio. Absent was M~~h~!s~w~uly adopted (4-0). cp A r(r, aOE R Na R, CV A R /AN // / 2008 l~oved for Filing RECE~V~=O AUG ~ $ 2008 MAP iSEE ': DATED...~_ SURVEY' OE PROPERTY SITUATE: SOUTHOLD TOI, flN: 50UTHOLID E, UFFOLK COUNTY, NY SURVEYED: 04-S0-2008 .E, UFFOLK COUNTY T~ # IOOO - .54 - ,5 - 52 C~RTJ~'JI~D '~'0: C@STAS TP~S & ~D'LA NOTt~5: · 1'4ONUHt~NT FOUND ARJEA = ~,~06 S.t=. 0t~. O.15~2 AC, t:;~JE ®RAPHIC, SCALE I"= 20' o< 0o 0© o~x~,o' N W S RECEIVED AUG 2 6 2ooB FINAL MAP REVIEWED BY ZEIA SEE DECISION # ~l~ DATED, 1( 1!3 i~q~, JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqserver~pros\08\08-148.pro 0C'[ - 9 ~ NOT~CE OF DISAPPROVAL ! :_~_':~:' "'.__.~__2-~-'~-'--'"- l~w~t~: ~my 18, 2008 AMENDED: October 8, 2008 TO: Harvey Amoff(Terzis) 206 Roanoke Avenue Riverhead, NY 11901-2794 Please take notice that your amendment, dated January 7, 2008 To make amended existing open/expired building permit #32244Z for additions and alterations to an existing single family dwelling at Location of property: 765 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 5~4 Block 5 Lot 32 ls returned herewith and disapproved on the following grounds: The as built construction is not permitted pursuant to Article III, Section 280-14, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full." According to Bulk Schedule, such construction is limited to 2 'A stories in height. The as built construction constitutes a third story. In additiolh it has come to the attention of the building department that a deck addition was added to the structure without the benefit of a building permit. The "as built" deck addition on this non-conforming 6,806 square foot parcei~ is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size~ require a minimum rear yard setback of 35 feet, and a maximum lot coverage of 20 percent. The "as built" deck is located 16.3 feet from the rear property, line and total lot coverage is +/- 21 percent. This Notice of Disapproval was amended on October 8, 2008, b~tted'to the Zoning Board of Appeals on August 26, 2008, by John C. Ehlgtfs, LS. 2 ~?~ Author~ed ~g~ature/~// CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. 07-24-200B 12:56 SOUTHOLD IN~ DEPT 16317659502 PR~E1 FORM NO. 3 NOTICE OF DISAPPROVAL TO:~ Ha_~vey Arnoff~Terzis) 206 Roanoke Avenue Riverhcad, NY I 1901-2794 Please take notice that your amendmant, dated January 7, 2008 RECEtVF AUG 2 6 2008 fbzJZ-- DATE: Januar ~,g00lbA.o OF ~9: Jaly 18, To l$1gk~.gmen~Ad cxistim~ oocn/exvired building oermit #32244Z for additions and 'alterations to an existing single family dwelling at Location of property: 765 Dogwood I,ane, Southold. NY County Tax Map No. 1000 - Section 54 Block_5 l,ot 32 is returned herewith and disapproved on the following grounds: ']~e as built construction is not permitted pursuant to Article l Il, Section 280-14. which states, "No building or premises shall be used and no buildina or Dart thereof shall be erected or altered in the A-C. R-80. R-120. R-200 and R-400,Districts unless the same conforms to the reauimments of~e Bulk Schedule and of thc Parkin- Schedule incorporated into this chaoter with the same force and eftbct as it'such reanlations w~re set forth herein in full." According to Bulk Schedule, such construction is liBai~d to 2 ~A stories in height. The as built construction constitutes a third stove. ~.,~'"'"' .......... .//,' ...... ~ / CC: file, Z.B.A. Notc to Applicant: Any change or deviation to the abovc referenced application may require further review by the Southold Town Building Department. AMENDED _ Fee:~ Filed By: [m~'] Date Assigne~Assignment No. House No. 765 Street Do~ood ~ane Hamlet SCTM 1000 Sectioa [lock Lot(s) Lot Size Zone I (WE) APPEAL T~ ~TTEN DETE~INATION OF THE ~ILDI~6 DATED ~ 0/8/08 BASED ON MAP DATED Applica~t(s)/Owner(s): Costas MailingAddress: 4324 21st St., Long Island City, New York 11101 Telephone: 718-631-5772 Fax~: 718-361-8987 EmaC: NOT~: 1~ addition to the abow, please ~oaplet~ below if application i~ ~igned by applicant's attorney, agent, archit~t, builder, contract ~aw O~c~a o~ Name of Representative: Barvey g. grno[[ fo~ (X) Owner, o~ ( ) Other: Agent's Address: 206 Roanoke Avenue, Riverhead, New York 11901 Telephone 631-727-3904 Fax #: 631-727-3940 Email: Please check box to specify who you wish correspondence to be moiled to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED 1 / 7/08 FOR: [3 Building Permit [~Certiflcate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use I~Permit for As-Built Construction BOther: construction of addition was completed under permit No. 322447 and Geck was construction Dy prior owner, applicant now seeks a Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning C/O. Ordinance by numbers. Do not quote the code.) Article 3 Section 280- 14 & 124 Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] 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 pr•pert% UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL {additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change willnotbe produced in the CHARACTER ofthe neighborhood ora detrimenttonearbypropertiesifgranted, because: Upon information and b~lief, deck was constructed by a prior owner circa 1978. Additionally, ZBA has granted greater variance for set back to an adjoining parcel and lot coverage is minimal. (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: Deck is pre-existing to applicants ownership of the premises. (3) Theamountofreliefrequestedisnotsubstantialbecause: Lot coverage variance is approximately 1% and set back as requested conforms to 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: Existing deck has been in place approximately 30 years. (5) Has the alleged difficulty been self-created? ( )Yes, or ~)No. Are there Covenants and Restrictions concerning this land: I~ No. [] Yes (please furnish cotJv). 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. t~-~Publ~ Check this box ( x ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to con~dlt y~i~r attorney.) Signature o[ Appellant or Authorized Agent (Agent must submit Written Authorization from Owner) no. 016061036C . ~lfle8 In Suffolk C0un~ ~.. AUTHORIZATION I, Costas Terzis, hereby authorize the Law Offices of Harvey A. Arnoffto act as my agent on the property of Suffolk County Tax Map No.: 1000 - 54 - 5 - 32 in Southold, New York and handle all necessary work involved on the subdivision process with the Southold Planni~oard. Sworn to before_ me this '"'/~-'day of.~' _'~.~-,~c_, 2008 Notary Public No ~)r~B of Nee/yol~ SEP 1 2 2008 BOARD OF APPEALS APPLICATION~THE SOUTHOLD TOWN BOARD f ~) , e2' For Office Use Only t x · .~ Filed By:l~a, \ X_ D't ~°,O ~at4~4 Date Assigned/Assignment No. ~]~ ~[~ REt EIVEO HouseN0. 765 Street Do~wood Dane Hamlet Sou[hold [ZONING 90A~D OF SCTM1000 Section 54 Block 5 Lot(s) 32 LotSize 6,806 S.F. Zone R I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ,July 18, 2008 BASED ON MAP DATED /f~ ~ ffZn/Ju~z~' h~r.~9. Applicant(s)/O~er(s). Cosgas Terzts MailingAddress: 4324 Telephone: (718) 631-5772Fax#: (718) 361-8987 Email: NOTE: In addition to the aboveo please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, et(:. and name of persoll who agent repFesents: Law Offices Of Name of Repre~nta/~ve: Harvey A. Arnoff~ for (X) Owner, or ( ) Other: Agent's Address: 206 Roanoke Ave., Riverheadt New York 11901 Telephone (631) 727-3904 Fax#: (631) 727-3940Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED 1 / 7/08 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use t~ Permit for As-Built Construction g]Other: Construction was completed under permit No. applicant now seeks a C/O Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article 3 Section 280- 1 4 Subsection and DENIED 322447 and Type of Appeal. An Appeal is made for: ~0 A Variance to the Zoning Code or Zoning Map. D 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 D has, [] has not been made at any time with respect to this property, UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: COSTAS T~'ZIS ZB~e# REASONS FOR APPEAL (additional sheets ma), be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the detriment to nearby properties if granted, because: N/A RECE VEO AUG 2 6 oa8 (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, uther than an area variance, because: N/A (3) The amount of relief requested is not substantial because: N/A (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or {~)No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (vlease furnish cot~v). 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. X) IF ,4 USE VARL4NCE IS BEING REQUESTED, AND PLE.4SE COMPLETE THE Check this box ( VARIANCE SHEET: (Please be sure_.~to c~r a~ney.) ,4 TT,4 CHED USE Si r Authorized Agent ~ ~/(AgentmustsubmitwrittenAuthorizationfromOwner)£ me, #otary Public, ~ ~te of New YoI~ No. 01G06103602 Qualified In Suffolk Couat~ ,., ,-,, I Commlssio~ Expires Dec, 29 ~ ( ~ Page 3 of 3 - Appeal Application RECEtVE AUG 2 6 ZONING OOAP~D OF APPEALS Pad B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permifled Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permifled use under the zoning regulations for the particular disfrlct where the properly is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). House is not marketable without a Certificate of Occupancy. 2. The alleged hardship relating lo the property Is unique because: Applicant conducted construction pursuant to and in compliance with Permit # 322442. Despite adhearing to approved plans, C/O was denied based on building inspectors %e. t~m~eegde~aar~s~t~oCesC~S~8% ~ub%~l ~6~'of the district or neighborhood because: Applicant proceeded with Town approval and pursuant to plans with building permit application and on site inspections. 4. The request will not alter the essential character of the neighborhood because: House cmplies with height restrictions and is "as built" for several years. 5. The alleged hardship has not been self-created because: Applicant proceeded pursuant to building permit and on site inspections. 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safely and welfare of the community. (Please explain on a separate sheet if necessa~,.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) Applicant will install additional smoke detectors and sprinkler head in attic. Applicant proceeded pursuant to building permit #322442 and on* ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your aflorney.) Otherwise, please proceed to the sIRnature and notary area below. *site inspections. S ~e A. Godsell / (Notary,~ulcfl~) Bot~/_P. ub!ic, Stats of New Yorll / ' ~'~ / / ' - No. 01G06103602 ' I~ Ou~lfled In Suffolk Coun~ ~n ~lres Dec. 29 Signature of App~'llanf or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNW EXECUTIV~[~ September 22, 2008 SEP 9 ZONING BOARD OF THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of thc Suflblk County Administrative Code, the following application(s) submitted to the Suflblk Couuty Planning Cormnission is/are considered to be a matter for local determh~ation as there appears to be no sigmificant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Jacobs & Gates Carocca Pezzino Terzis Marron Friemann Geitz Gama Deer Park iuc. Franeker Investments, h~c. Kaplan Krlis Messina Romanelli Realty Municipal File Number(s) Very truly yours, Thomas Isles, AICP Director of Plam~ing TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SOUl'eLD, N- Y. ~t, premises Counly Tax-/v~ .No; I000 Section pursuant to application dated Building Inspector. t~,~. 6/30/80 BZIHO~ flONBO SIZ~3i 8t:,:BI 800~/8~/0I 765-t802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] FOUNDATION 2ND [ /~'RAMING [ ] FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL DATE /0/t~0 39~cl 'ailHO;!J'd RONB(I SIZ2J31 ,iBBB'~9gBl/_l Bt,:9'~ 800~/8~/0~ 765-180;B BUILDING DEPT. INSPECTIO N FOUNDATION 1ST [~ ROUGH PLBG. / ~,OUNDATION 2ND [ FRAMING [ ]IN$ULATION ] FINAL FIREPLACE & CHIMNEY INSPECTOR ' ' ig/gO 39~d 31IHO~ noN3¢ SIZ~3± LBGB~g£B~Z[ 8~:9~ BOO~/B~/0~ 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION I ST [ ] FOUNDATION 2ND [ ~'"'~RAMING [ ] FIREPLACE & CHIMNEY REMARKS-- ,-,*" .,~ '.'~' .,. ,.~ '~ ROUGH PLBG. INSULATION FINAL INSPECTOR _ L0190 3D~d B±IHD~ nON]Q SIZa3i 28681g£8[/T 8~:9[ 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST FOUNDATION 2ND FRAMING FIREPLACE & CHIMNEY ] .R~OUOH PLBG. INSULATION FINAL // ZOILO 39~ 3±IHO~ nON3Q SIZe3± LB6BTg£B~L~ B~:gT B80C/8~/0~ 'APPERLS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldt own.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax {631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 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 (al Youngs Avenue) Southold, NY 11971 RECEIVED :lOw . Appl. No. 5898 - KEVIN AND VIRGINIA COl-tON Property Location: 825 Dogwood Lane, Southold CTM 54-5-33 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly 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' 3,398 square foot lot is improved with a single-family dwelling (with small front stoop and rear 120 sq. ff. deck) and 51 sq. ft. accessory shad, all shown on the October 26, 2000 survey prepared by Michael K. Wicks, L.S. The dimensions of the property are only 50 feet wide by 67 feet 1.5 inch. BASIS OF APPLICATION: Building Department's April 5, 2006 Notice of Disapproval, citing Section 280-244 (formerly 100-244) in its denial of a building permit application for new construction, for the reason the front addition will have a setback at less than 35 feet, the rear addition will have a setback less than 35 feet from the rear lot line, and the lot coverage will exceed the code limitation of 20% maximum, FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 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 VARIANCES REQUESTED: The applicants wish to construct an open deck addition or new front stairs with landing at the front of their dwelling, and to oonstmct a screenad porch addition at the rear of the house, replacing the rear deck. The first plan was 31% lot coverage, Another plan was for 30% lot coverage, and a new 29 sq: fl. covered entry plus steps extending west closer to the right-of-way than the existing steps. Another option was submitted for a 4'10" x 16.25' deck plus side steps at the south end, proposed at 8'8" from the front property line. The rear 15' x 18'4" screened porch was shown proposed at 8'9" from the side lot line and 10'3" from the rear lot line. ALTERNATIVES FOR CONSIDERATION: During the hearing, the applicant was asked to consider an option that would reduce the percentage of lot coverage and modify the front addition to bring it into more conformity (instead of the original plan or Plan A with 31% lot coverage). Page 2 - June 8, 2006 Appl. No. 5896 - K. and V. Cotton 54-5-50 at Southold Subsequently, the applicants submitted revised plans for consideration, as follows: Plan B: requesting a 4'10" open deck at the front of the house, 8'8" from the front yard lot line, and 14'x18'4" screened porch at the rear, 9'9" from the side lot line and 11'3" from the rear lot line. Lot coverage was reduced to 30%. Plan C: requesting a 4' x 7'6" landing with steps at a length of 21 feet and a rear yard setback of 39.9 feet. With the proposed rear porch, lot coverage was reduced to 30%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the followfng findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the improvements the appticant requests are residential in nature and customary to any house in the area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance because the house sits on a very small lot and is currently nonconforming with respect to the front and rear yard setbacks required by the cede. 3. The variance requested herein is substantial. It represents a 74% increase of the code maximum 20% lot coverage limitation. 4. The difficulty has been seE-created. 5. No evidence has bean 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 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 end 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 Goehringer, and duly carried, to DENY 31% lot coverage on Plan A and DENY the covered entry as requested on Plan A, and to GRANT alternative relief, as follows: 1. That the setbacks for the front and rear shall be limited, allowing either the front 6' x 5' landing plus existing steps, and the rear 18'4" x 15' screened porch addition which is shown on Ihe south elevation plan dated 2-27-2006 prepared by Penny Lumber; OR alternatively the front 4'10" x 16.25' L. open deck addition plus 6x5' side steps, and rear Page 3 - June 8, 2006 Appl. No, 5896 - K, and V, Cotton 54-5-50 at Southold 18'4" x 14' screened pomh addition as shown on Plan B prepared by Penny Lumber dated 4-25-2006, and 2. The lot coverage shall not exceed a maximum of 30 percent of the lot size under any building plan. 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 Oliva (Chairwoman), Goehringer, Simon and Weisman. Nay:. Member Dinizio. This Resolution was duly.~opted (4-1). Ruth D. Oliva, Chairwoman 8/8/2006 Approved for Filing APPLICANT'S PROJECT DESCRIPTION (For ZBA Re£erence) Applicant: Costas ?etzis Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: N/A "as built" II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 478 S.F. Dimensions of floor above second level: 267.84 S.F. Height (from finished ground to top of ridge): 33' - 4 3/8" +/- Is basement or lowcst floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single story single dwelling family NumberofFloorsandChanges WITH Alterations: Two story single family dwelling w/ finished attic and attached deck. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1 439 S.F. which included 68 S.F. Proposed increase of building coverage: 0 overhang of 2nd floor. Square footage of your lot: 6806 S.F. Percentage of coverage of your lot by building area: +/- 21% V. Purpose ofNewConstruction: Second floor addition to single family residence. Rear yard deck addition. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): N/A Please submit seven (7) photos, labeled to showy different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: COSTAS TERZIS Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: Iq / A "As Bui 1 t" RECEIVED AUG $ 2OOB ~ONk~IG BOARO OF A_P_DEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N / A Dimensions of new second floor: 4 78 S. F. Dimensions of floor above second level: 267.84 S.F. Height (from finished ground to top of ridge): 3 3 ' - 4 3 / 8" +/- Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Iq / A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and GeneralCharacteristics BEFORE Alterations: single story single family dwellinq Number ofFloors and Changes WITH Alt~rations: Two story single family dwelling with finished attic. iV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,0 6 6 S. F. Proposed increase ofbuildingcoverage: 68 S.F. overhang at Square footage of your lot: 6,8 06 $. F. Percentage of coverage of your lot by building area: 1 6.7 % 2nd floor line V. Purpose ofNew Construction: Second floor addition to single family residence VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RECEIVED AU$ 6 008 All applicants for permits* including Town of Southold agencies, she] complete this CC~ fclr proposed actions that are subject to the Town of Sonthold Waterfront Con; ~? ~e/~l~x[l~,~-~'~,lidko assessment is intended to supplement other infom~ation used by a Town of Southold agency in rsaking a determination of consistency. *Except mirror exempt actions including, Building Permits a~cl other mmisterial pennits not located within the Coastal Erosion Hazarcl Area. Before answeriug the questions in Section C, the preparer of this form should reviexv the exempt rsinor action list, policies and ejpkmations of each policy contained in the Town of Southold Local Waterfront Revitalization Progrmn. A proposed action xvill be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all ofSouthold Tow~0. If any qnestion in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maxhnum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Townof Southold's webs~te' (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 54 5 - 32 The Application has been submitted to (check appropriate response): TownBoard ~ PlanningBoard[-'] Building Dept. [--] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action rs~dertaken directly by Town agency (e.g. capital ~] construction, planning activity, agency regulation, land transaction) [--] (b) Financial assistance (e.g. grant, loan, subsidy) - -~]~ - P~it, approval, hcense, certifica~fioni ........ ~'~ ....... Nature and extent of action: Minor exempt action (Building Permit/C.O.) Location of action: Site acreage: Present land use: Present zmm~g classification: ~ I:: t'~ I:: I T,I I:: i"~ ZONING BOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicm~t: (b) Mailing address: (c) Telephone nmnber: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [~ If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in tile Town of Southold that enhances community character, preserves open space, makes efficient se of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [--]Yes [] No [] Not Applicable Attach additional sheets if necessary PolicyT..~ecra~tl~r6g'~rve-hislor[c and-h-rcha~ologik~lTe~6u.i~ces o~fth~ oToXvn o~' S6ut~Bl~. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 7] Y ?q [] Not Applicable At~ach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria RECEIVED [~] Yes ~'~ No J---] Not Applicable AUG 2 6 2008 ZO~,!I~*G BOARD OF gPP~a~ Attach additional sheets il' necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and uatural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~] Yes [] No [-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria F-~ Yes [-~ No [-~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies;. Pages 22 yes [] 1NO ~-~ Noi Appiic-abie Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See 1.W~ Pages 32 through 34 for evaluation criteria. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Xes [~ No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] No [-q Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island So, and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for eval~ ~ Yes ~ No ~-] Not Applicable in,t th~ Peennie AUG Ailach additional sheets if nccessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes [--] No F--] Not Applicable Aitach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. F-~ Yes [] No [--] Not Applisable Created on 5/25/05 1]:20 AM [ COSTAS TERZIS 3. Projec~ location: Municipali~ County ISouthold Suffolk ] 4. Precise location (Street address and road inteme~ons, prominent landmass, elc. o¢ provide map) 765 Dog~oo~ ~ane SCaN ~ 1000-54-5-32 5. ts proposed action: ( ) NEW ( ) EXPANSION ~ ) MODIFICATION/ALTE~TION 6, Descdbe project bdefly: 2ad ~1oo~ addlLlon ~lEh 7. ~ount of land a~ected: 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED/ICTIONS Only PART I - Project Information (To be complete by Applicmlt or Project sponsor) 1. Applicant / Sponsor 2. Project Name Initially:68 S.F. acres; Ultimately: 68 S.F. acres 8. Will preposed action comply with exisUng or other existing land use rest/ictions:(x ) YES ( ) NO If No, descdbe bdefly: 9. What Is present land use in vicinity of project: (describe): ( ~ Residential ( )Industrial ( ) Commercial ( ) Agdcugural ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) ? ) YES (X) NO If Yes. list agency(s) and permit/approvals: 11 Does any aspect of the action have a currently valid permit or approval? IX) YES ( } NO If Yes, list agency(s) and pen'nit/approvals: Building Permit # 322447 12. As a result of proposed action, will existing permit/approval require modification? I( ) YES (X) NO if Yes, list agency(s) and permilJapprovals: cert fy that the nformation provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FORFII]NGWITHYOURZ.B.A. APPLICATION RECEIVED AUG ~ 6 2008 Is the subject premises listed on the real estate market for sale? [] Yes X] No [ZONING DOA,~D OF &P~ 2AL~ Are there any proposals to change or alter land contours'? ~ No {~ Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? blo 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? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 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 area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (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? the proximity of your lands on your map with this application. No Ifyes, please label H. Please list present use or operations conducted at this parcel existing is single-family andproposeduse is same with second-floor addition with (exaq~ples:~L~xisting: single-family; proposed: same with garage or pool, or other description.) attic. Authorized Signat~e and Date 2/05; 1/07 AP--- TI~SACTION~,~ DISCLOSURE FO1LM ~,, t'LICABL~ OWNER, CONTRACT VENDEE ANL~GENT: The Town of Southold .... s Code o£Eth~cs prohibits conflicts of interest on the part o£Town office and employees, The purpose of this £onn is * ...... :., . . ~. . , rs ,u p,uvme lnIormatlon, wnicn can alart th,~ T9~' _m of possible conflicts of interest and allow it to take whatever action is necessary to avoid 1;~C£1¥£D COSTAS TERZlS ~ ..... AUG 2 8 2008 (Last Dame, first name, middle initial, unless you are applying in the else or other entity, such as a company. If so, indicate the other person or company name.t NATIYlLE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "__' · ,, · Relatmnsh~des b3~ _blood, marriage, or bu.sin~ess interest~ "Busin~eess interest" means a b~usine~incl~uuding~a ap&_rtnership, in which the T~own offic~er Or~ee ha~-even a ~ ownership e__mployment b¥)~ in which the Town officer or em~01oyee owns ~mre than 5% of thee YES__ _ NO X If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the o~m~er 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 this ~ day of_ Signature: Print Name: HARVEY A. ARNOFF RECEtVEr OCT I 4 ~008 [ONING BOARD OF APPEALS Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Pandeeal Colleen Grattan-Arnoff, R.N., LNC October 10, 2008 Fax No.: (631) 727-3940' *Not for service of legal papers Of Counsel George E Biondo Richard A. Hammer Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Ms. Linda Kowalski Re: 765 Dogwood Lane, Southold, New York 11971 Amended Application Dear Ms. Kowalski: With regard to the above referenced matter, enclosed please find the amended application pages together with our check numbered 14684 in the amount of Two Hundred Dollars and 00/100 ($200.00), made payable to "Southold Town Clerk". I look forward to receiving the Notice for posting at the property. Kindly be advised that the Affidavit of Mailing and certified mailing receipts will be submitted next week. If you should have any questions or require any additional information, please do not hesitate to contact the undersigned. Thank you for your courtesy a:ld cooperation in this matter. Paul K. Siepmann PKS/mmi Enclosure cc: Mr Costas Terzis HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Paralegal Colleen Grattan-Amoff, R.N., LNC Town of Southold PO Box 1179 Southold, New York 11971 RE: Costas Terzis September 10, 2008 SEP 1 2 2008 BOARD OF APPEALS 765 Dogwood Lane, Southold, New York S.C.T.M. # 1000 - 54 - 5 - 32 Fax No.: (631) 727-3940' *Not for service of legal papers Of Counsel George F. Biondo Richard A. Hammer Dear Sir/Madam: Enclosed please find an original Authorization, signed by Mr. Terzis, with cegard lo tile above-referenced matter. Than=; you for your courteous attention. Should you require anything additional with respect to this matter, please do not hesitate to contact my office. PKS:rg Enclosure Paul K. Siepmann, Esq. cc: Mr. Costas Terzis HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631 ) 727-3904 Harvey A. Arnoff Paul K. Siepmann Parale~al Colleen Grattan-Arnoff, R.N., LNC Fax No.: (63l) 727-3940* *Not for service of legal papers Of Counsel George F. Biondo Richard A. Hammer Via Hand Delivery Planning Board Office Town of Southold PO Box 1179 Southold, New York 11971 August 25, 2008 RE: Costas Terzis 765 Dogwood Lane, Southold, New York S.C.T.M. # 1000 - 54 - 5 - 32 Dear Sir/Madam: With regard to the above matter, enclosed herewith please find seven (7) sets of the following documents: 1. Notice of Disapproval; 2. Application forVariance, with Project Description Questionnaire Form, LWRP Form and Environmental Assessment Form; 3. New survey dated August 2008 of John C. Ehlers Land Surveyor; 4. Plans for the attic; 5. Plans for addition: LAW OFFICES OF HARVEY A. ARNOFF Planning Board Office Town of Southold August 22, 2008 Page - 2 - PKS:rg Enclosures Photos; A check in the amount of $ made payable to Town of Southold. If you require any additional information please feel free to contact this office. Thank you for your courteous attention to this matter. Very truly yours, LAW OFFICES OF HARVEY A. ARNOFF cc: Mr. Costas Terzis Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 __g_~Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southotdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 25, 2008 By Regular Mail and Fax Transmission 727-3940 Paul K. Siepmann, Esq. Harvey Arnoff Law Offices 206 Roanoke Avenue Riverhead, NY 11901 Re: ZBA# 6212 - Costas Terzis Variance Application Dear Mr. Siepmann: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the November 13, 2008 Meeting, and the original of which has been transmitted by our office to the Town Clerk for filing. Before commencing occupancy or construction activities, other agency approval(s) may be necessary, and you are requested to please follow-up with the Building Department for the next step in the zoning review and building permit/zoning application process. Thank you. Very truly yours, Encl. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 14, 2008 Zoning Appeal No. 6212 Transmitted herewith is Zoning Appeals No. 6212 of Harvey A. Arnoff for Costas Terzis- the Amended Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Harvey A. Arnoff, Esq. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-14-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Terzis, Costas #6212 Suppl. Fee for #14684 $200.00 RECEIVED amendment (~/'~T t · ~nnn Sol ~thold Town Clerk TOTAL $200.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK Date: 10/14/08 Transaction(s): 1 1 OTown Of Southold P.O Box 1179 Southold, NY 11971 Reference Application Fees 6212 29735 Subtotal $200.00 Check#:14684 Total Paid: $200.00 Name: Arnoff, Harvey A 206 Roanoke Ave Riverhead, NY 11901 Clerk ID: CAROLH Internal ID: 6212 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtowm nor th fork. net TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 27, 2008 Zoning Appeal No. 6212 Transmitted herewith is Zoning Appeals No. 6212 Costas Terzis- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, 2 Page Cover Letter fi.om Harvey A. Amoff Listing the Documents enclosed, Notice of Disapproval from Building Department Renewed July 18, 2008, Attic Floor Plan Dated 2/6/08 Prepared by Costas A Terzis, Architect, 2 Pages (8 Photos) of Photos of Property & Attic, 1 Page of Floor Plans & Elevation of House Revised 11/20/97 Prepared by Terzis & Associates, Survey of Property As it Exists Prepared by John C. Ehlers Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SH (Filing of Application and Check for Processing) DATE: 8/26/08 RECEIVED EETAuG 2 ? zoo8 ZONING BOARD OF RECEI~ ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP AU6 2 6 2008 #6212 Terzis, Costas #14501 $400.00 Sot Ithold Town Clerk TOTAL $4o0.00 Sent via Inter-Office to Town Clerk by: PMK Thank you. Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/26/08 * * * RECEIPT * * * Receipfft: 28167 Transaction(s): 1 1 Application Fees Reference Subtotal 6212 $400.00 Check#: 14501 Total Paid: $400.00 Name: Amoff, Harvey A & Colleen G 5685 Sound Ave Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6212 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 30, 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~ OCTOBER 30, 2008: 9:30 A.M. COSTAS TERZlS # 6212. Requests for Variances under Sections 280-14 and 280- 124, based on an application for a building permit and the Building Inspector's October 8, 2008 amended Notice of Disapproval concerning as-built construction which exceeds the code limitation of 2-1/2 stories in height and lot coverage limitation of 20 percentage of the buildable area of the lot, and which is set back at less than the code required minimum of 35 feet in the rear yard. Location of Property: 765 Dogwood Lane, Southold; CTM 54-5-32. 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: October 9, 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 STATE OF NEW YORK'--. 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 16th day of October, 2008. // ~-- Principal Clerk Sworn to before me this 'FO~'Z~gfl]NG BOARD OF AP- PFakL$'at;thg,;Town Hail, 53095 Main ~E~Nfiildlfi. g Inspector s 3un~ 23, 2008 -~xl~0.__~/~OSTA$ TERZIS # 6212. l~¢f~VarJances ~under Sections ddr/mlishefll-Sd a new single-family A~ena~- Southold~ CTIVf 70~4-10. .~ige~of}~~.?~p~roval con~erning a new ' '~l~}k~onstTu~tion) for Which ~ ~,r~l~eg t It'fiai ~ttic space, at 13007 Ore- TINA' V'OLINSKI NOTARY pUBLIC-STATE OF NEW YORK Ho. 01-VO6105050 Q ,,,j~,~ w, ~t~tfotk County 10:00 A.M. HELEN and PETER LOUCA g6213. Request for Variances under Sections 280-122A and 280- 124. oased on the Buddmg Inspector's amended August 8. 200g Notice of Dis approval concermng additions and al- ~eranom to the ex~stmg dwelling, which create a new nonconformance and nl lng setbacks w~th regard to a smgie s~de yard at less than 10 feet and total side yard setbacks at less than 25 feet on tMs I0.454 square foot parcel. Location of Property: 475 Miriam Road. Mattituck: CTM 99-1-32 10:.10 A.M. VINCENT LAROCCA ~6208. Reques~ for Variances under Section 280-15. based os the Building Inspector's May 30. 200~: Notice of Dis- approval coneernmg as-built accessory structures in the front yard. rather than a code<letined rear yard. at 185 Wesl Creek Avenue. Cutchogue; CTM 103- 13-22.1. 10:25A.M. JOAN E. SHANNON #6214. Request for Variances under Sec- uons 280-122A and 280-124 based on the Building Inspector's August f. 2008 No- tice of Disapproval noting a proposed demolition, renovations and additions. with an mcrease in the degree of non- conforming concerning a side yard set- back at less than 15 feet and total side yards at less than 35 feet. at 7080 Great Peconic~ay Boulevard and adjacent to Great Peconic Bay, Laurel; CTM 126- 11-7. 10.3~ A.M. PATRICIA and ROB- ERT FRIEMANN #6217. Request for a Variance under Section 280-116B based on an amended appgcauon for a bmld- tug permit and the Builthng Inspector's August 26. 2008 Notice of D~sapprova] concerning additions and aiterauons to an existing single-family dwelling al less than 75 feet from the bulkhead ad- lucent to Little Creek. and for which a stop work order was issued because of a change in the scope of the work and change since application submitted un- der ZBA #6139. Location of Property: 2935 Pine Tree Roue. Cutchogue: CTM 104-3-8. 10-.50 A.M. PETER and SABRINA PEZZINO g6210. Request for a Van- anco under Section 280424. based on the Building Inspector's revised Octo- ber 6. 2008 Notice of Disapproval con- cermng a proposed new ~welling at-less than 25 feet total side yards fend after demolition of an existing dwelling), at 3120 Gmthwohl Road. New Suffolk: CTM 110-8-7; properties involved in this unmerger re- quest are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet. and 12 CTM 33-2-28 wnn a house, of a nonconforming area gl 20.602 square feet for CTM 33-2-28. canon: 1225 and 1135 Green Hill Lane OreenporL 1:00 P.M. STEVE and OLGA TENE. DIgS g6198. Request for Variances un. der Sections 280-124. based on the Build- lng Inspector's June 3g 2008 amended Notice of Disapproval concerning a proposed new dwelling, after removal of the existing building(s) for placement on a new locauon with pilings or diner foundation after house is elevated, ann a propdsed enlargement to connect the re- located house to the ex,sting garage. The property has zero buildable land. being on the sea side of the Coastal Erosmn Hazard Line. The Building Inspector's reasons for disapproving the building permR application are that the proposed construction will be: ¢ 1 less than 40 feet on a front yard: (2l less than [5 feet for a single side yard setback. (3] less than 35 feet total side yard setbacks, and 131 lot overage exceeds the code limitatmn gl 20% ~100% lot coverage for zero budd- able land areal. Location of Property 1625 North Sea Drive. Southold: CTM 1000-54-4-18 ,adjacent to dunes and Long Island Souna,. -1:30 P.M. [Continued Hearing~: 2000 BROADWATERS LLC 06186. Request for a Variance under Section 280 124. based on the Building Inspector's Mm 12. 2008 Notice of D~sapproval con cermng a p~oposed new dwclhng w~th a setback at [ess than thc cone-ret ;lire;: 35 feet from the front lot hnc -niter molishmg the existing buildmgt, at 20l Broadwatars Road. Cutchogue; CTM t04-9-152. The Board of Appeals wdl hear all persons, or their representatives, desu'- lng to be heard at each hearing, and/o~ rog..Each h~aring will not start eathe~ than ~lesignated above. Files are avail- able for review during regular bus,floss hours and prior to the day of the hear- hesitate to contact our office at /631 765-1809. k>r b) email: Linda.Kowalskite Town.Southold.ny.us. Dated: October 9. 2008. ZONING BOARD OF APPEALS ~ER]a. RD E GOEHR1NGER, CHAIRMAN Il:00 A.M. ESTATE OF SUSAN BY LINDA KOWALSKI DELEO ~6229. Requested is a Lo~~' G~TY~4t~a~Rpad (Office Location) Waiver under Section 280-11 to unmerge ~ ~Main Road/Mailing/USPS ) two propeflles based on the Building In-" {~: :~ Ed. Box 11~9 spector's August 6, 20~8 Notice of Dis- Southold. NY 11971~0959 approval, citing Section 280,10. The two 9041-1T 10/16 / / ? ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Applicant of COSTAS TERZIS, Regarding Posting of Sign Upon Applicant's Land Identified as 1000 - 54 - 5 - 32 X X AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK ) )ss. STATE OF NEW YORK ) I, Paul K. Siepmann, residing at Patchogue, New York, being duly sworn, deposes and says: On fl~e f7~day of October, 2008, I personally placed fl3e Town's official Poster with the date of hearing and nature of application noted thereon, securely upon the subject property, located ten (10) feet or closer from the street. I hereby confirm that the Poster has remained in place for over seven (7) days prior to the date hereof. Sworn to before me this day of October, 2008 No{aW Pl~blic, State of New York Ne. O1RE4,738016 Oualifled in Suffolk Count~..-.~l .~ Cemmi~ion ERoieea July 31. c::~-~ Paul K. Si~'pmann ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Applicant of COSTAS TERZIS, CTM Parcel # 1000 - 54 - 5 - 32 -X X AFFIDAVIT OF MAILINC- COUNTYOF SUFFOLK ) STATE OF NEW YORK ) I, DAWNM. MIDNET, residing at 140 Northern Boulevard, Shidey, New York, being duly sworn, depose and say: On the fO"'dayo~l'October, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by Certified Mail, Return Receipt Requested, a true copy of the attached Legal Notice in a prepaid envelope ad~_j;~.ssed.I~current ownem shown on the a. ssessment roll verified from the official~e~rds on file w~ the Town of 3outhold ,,~sse~aors Off/ce for even/property ~FJ~.h abuts and is acrossJa public or pdv~ street, or vehicular right-of-way of re co rd ~1~ n t,.,~,~ e ~.~x~// Sworn to before me this ~ J_~ day of October, 200"~-- Notar~Public Town of Southold PO Box 1179 Southold, New York 11971 Mr. & Mrs. T. Rozakis 6743 Cooper Avenue Glendale, New York 11385 Mr. & Mrs. K. Cotton 48 Deer Lane Wantagh, New York 11793 Mr. & Mrs. L. Herzog 12 Franklin Street Amityville, New York 11701 Mr. & Mrs. D. Vasquez 2360 North Sea Drive Southold, New York 11971 _SERVICE LI$.T m · Complete items 1,2, and 3. Also complete · iit~ ~ if. Restricted De~iveq/is desired. · Print y6br name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front ~f space permits. 1. Article ,¢~dressed to: B.~ecei~ by (Printed N~d~e) I C. Date of D~livery 3. Service Type 2. AJ~icle Number (Transferfrornservicelabel) 7003 1680 0005 2109 1368 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Addressed to: 2. Article Number (Transfer from service label) 7003 [] Agent [] Addressee B. Received by (Pdnted Name) C. Date of Delivery D. Is delivePj address different from item 17 ~ Y~ If YES, enter delivery address below; 3. Se iceType [] Registered ~_Retu~ ~l~f~ f~erchandise [] insured Mail [] C.O.D. i4. Restricted Delivery? (Extra F~e) 1680 0005 2109 1382 OYes · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pen*nits. 1. Article Addressed to: [] Agent ] Addressee C. Date of Delivery If YES, [] No 0 Certified Mail [] Express Mail [] Registered .,~-4~eturn Receipt for Merchandise [] insured Mail [] C.O.D. · Restricted Deliver./? (Extra Fee) [] Yes 2. Article Number (Transfe~rom~e~,ice~l) 7003 1660 0005 2109 1399 PS Form 3811, February 2004 Domestic Return R~-- _ 102595q32-M*1540 ) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Js desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, er on the front if space permits. 1. Article Addressed to: iYES, D Agent C. Date of Delivery []Yes [] No [] Certified Mail [] Exp~ss Mall [] Registered ~Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7003 1680 0005 2109 1351 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by ( Printed Name) [] Agent [] Addressee D. Is delivery address different from item 1 ? ] Yes If YES, enter delivery address below: [] No I Service Type [] Ce~ifled Mail [] Express Mail []Registered ~Return Receipt for Merchandise r-1 insured Mail [~ C.O.D. ~Yes 7003 1680 0005 2109 1375 j~ 2. Article Number · (Transfer from service label) '~ PS Form 3811, February 2004 Domestic Return Receipt 102595-32-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Applicant of COSTAS TERZIS, AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000 - 54 - 5 - 32 COUNTY OF SUFFOLK ) ) SS, STATE OF NEWYORK ) I, Paul K. Siepmann, residing at Patchogue, New York, being duly sworn, deposes and says: On the 17~ day of October, 2008, I personally placed the Town's official Poster with the date of hearing and nature of application noted thereon, securely upon the subject property, located ten (10) feet or closer from the street. I hereby confirm that the Poster has remained in place for over seven (7) days prior to the date hereof. Paul K. Si/~pmann Sworn to before me this ~ day of October, 2008 Notaw Public, State of New Yo~k No. 01RE4718016 Qualified in Suffolk County.-~--)j .~. Commission Expires July 31. ~:::::~-~ r ~' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Applicant of COSTAS TERZIS, CTM Parcel # 1000 - 54 - 5 - 32 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK ) ) SS. STATE OF NEW YORK ) I, DAWNM. MIDNET, residing at 140 Northern Boulevard, Shirley, NewYork, being duly sworn, depose and say: On the 10~ day of October, 2008, I personally mailed atthe United States Post Office in Riverhead, New York, by Certified Mail, Return Receipt Requested, a true copy of the attached Legal Notice in a prepaid envelope ad~urrent owners shown on the assessment roll verified from the official~e~)rds on file wlt~ the Town of Southold Assessors Office for every property w~h~ch abuts and is across~ public or priv~3t~ street, or vehicular right-of-way of record~ applic~_nt's~ro_perty.~'~// / Sworn to before me this ~ 10~- day of October, 200"8~ PAUL K. SIEPMANN ll0TAIW PUBLIC, State of New No, 02SI6019345 Qualified in S~olk Coufl'eh ~)nlmis$i0~ Expires 02/08/20 Town of Southold PO Box 1179 Southold, New York 11971 Mr. & Mrs. T. Rozakis 6743 Cooper Avenue Glendale, New York 11385 Mr. & Mrs. K. Cotton 48 Deer Lane VVantagh, New York 11793 Mr. & Mrs. L. Herzog 12 Franklin Street Amityville, New York 11701 Mr. & Mrs. D. Vasquez 2360 North Sea Drive Southold, New York 11971 SERVICE LIST m OFFiCiAL Retum Rec~ept Fee (Endorsement ~quired) ResMcted Delivery Fee (Endorsement Required) Total Postage & Fees Return Reciept Fee (Endorsement Requ{red) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~ '7 .~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: TERZIS, C. #6212 MAP #: 54-5-32 VARIANCE: ADDITIONS & ALTERATIONS REQUEST: SETBACKS, 3;D STORY & LOT COVERAGE DATE: THURS OCT. 30, 2008, 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~ONING 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.north fork.net October 3, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, October 30, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October ~ Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providinq the returned letter to us as soon as possible; AND not later than Oct. 17th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 22nd: 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 or mail your Affidavit of Postin.q for receipt by us by October 29, 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. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 September 15, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6212 Applicant's Request: Within 500 feet of: Owner/Applicant: Terzis Height ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA ,Ct~airm. an 107~?/~00~ 16:~9 6~172739~0 H~V~¥ A AR~O~F ES~ ~A~£ 01/05 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY ! 1901-2794 (631) 727-3904 Harvey A. Arnoff Paralegal Colleen Gtattan-Amoff, R.N. PRIVILEG. E,,& CONFIDENTIALITY. NOTICE Fax No.: (631) 727-3940' *Not for set'rko of legal papers Of COumel George E Biondo John A. MacLachlan The information in this fax message is intended only for the natoed recipient(s) only. It may · contain privileged and confidential matter. If you have received.this fax in elxor, please notify us immediately by a oollecl telephone call to: (631) 727-3904 and return the original to sender by mail We will re/mbutse you for pOstage. Do not disclose Ihe contents 1o anyone. Thank you. PI~ONE #: MESSAGE: 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 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: /c - q- 08' Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMI~ER: _ 765-1809 (press I at voice recordhtg) REFERENCE:: NOTES/COMMENTS: Please find attached copy/copies of dm followi~zg: Thank you, Sender's hfitia[s: _?_'y~x~ 09/10/2008 1~3~ ~?~?~0 HAR~EY A ARN~FF ESQ ~AGE 01/02 HARVEY A. ARNOFF Harvey A. Arnoff Paul K. $iepmann Paralesral Culleen Grattan-Arnoff,, R.N. Attorney At Law 206 Koanoke Avenue, Riverhead, NY 11901-2794 (63 l) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Coumel George E Biondo John A. MacLachlan PRIVILEGE & CONFIDEN..TLALITY NOTICE The information in this fax message is intended only for the named r~cipient(s) only. It may contain privileged and confidential matter, If you have received this fax in error, please notify us imm~iately by a collect telephone call to: (631 ) 727-3904 and fotura the original to sender by mail, We will reimburse you for postage. Do not disclose the contents to anyone. Thank you. TELEFAX COVER SHEET qo$ P^GEs: RE: [ e' r' _2~.t~'~, =-~ (~.~.~c~, ~--~L ~ MESSAGE: NOTL: 1F YOU DO NOT RECEIVE ALL PAG[:-S OF TilES FAX. RI EASE CALL SENDER IMMEDrATEr,Y AT (63 l) 727-3904. AUTHORIZAT ON I, Costas Ter'zis, hereby authorize the Law Offices of Harvey A. Arnoff to act as my agent on the properb/of Suffolk County Tax Map No.: 1000 - 54 - 5 - 32 in Southold, NewYork and handle all necessarywork involved on the subdivision process with the Southold Plannir~-Board. Sworn to before~ me this ' -day 2008 Notary Public Co~ta~ Terz~ U SEP '1 0 ;~0o8 ~.~?'D OF APPEAL~- 'APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldt own.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 * Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 OMailing Address: Southold Town Hall 53095 Main Road * P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 RECEIVED Appl. No. 5896 - KEVIN AND VIRGINIA COTTON Property Location: 825 Dogwood Lane, Soulhold CTM 54-5-33 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property ur'~er consideration in this application and determines that this review fatis 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' 3,398 square foot lot is improved with a single-family dwelling (with small front stoop and rear 120 sq. ff. deck) and 51 sq. ff. accessory shed, all shown on the October 26, 2000 survey prepared by Michael K. Wicks, L.S. The dimensions of the property are only 50 feet wide by 67 feet 1.5 inch. BASIS OF APPLICATION: Building Department's April 5, 2006 Notice of Disapproval, citing Section 280-244 (formerly 100-244) in its denial of a building permit application for new construction, for the reason the front addition will have a setback at less than 35 feet, the rear addition will have a setback less than 35 feet from the rear lot line, and the lot coverage will exceed the code limitation of 20% maximum. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time wdffen 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 VARIANCES REQUESTED: The applicants wish to construct an open deck addition or new front stairs with landing at the front of their dwelling, and to construct e screened porch addition at the rear of the house, replacing the rear deck. The first plan was 31% lot coverage. Another plan wes for 30% lot coverage, and a new 29 sq: ft. covered entry plus steps extending west closer to the right-of-way than the existing steps. Another option was submitted for a 4'10" x 16.25' deck plus side steps at the south end, proposed at 8'8" from the front pmpe[ty line. The rear 15' x 18'4" screened porch was shown proposed at 8'9' from the side lot line and 10'3" from the rear lot line. ALTERNATIVES FOR CONSIDERATION: During the headng, the applicant was asked to consider an option that would reduce me percentage of lot coverage and modify the front addition to bring it into more conformity (instead of the original plan or Plan A wilh 31% lot coverage). Page 2 - June 8, 2006 Appl. No. 5896 - K. and V. Cotton 54-5-50 at Southold Subsequently, the applicants submitted revised plans for consideration, as follows: Plan B: requesting a 4'10" open deck at the front of the house, 8'8" from the front yard lot line, and 14'x18'4' screened porch at the rear, 9'9" from the side lot line and 11'3" from the rear lot line. Lot coverage was reduced to 30%, Plan C: requesting a 4' x 7'6" landing with steps at a length of 21 feet and a rear yard setback of 39.9 feet. With the proposed rear porch, lot coverage was reduced to 30%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the Improvements the applicant requests are residential in nature and customary to any house in the area. 2. The baneffi sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the house sits on a very small lot and is currently nonconforming with respect to the front and rear yard setbacks required by the cede. 3. The variance requested herein is substantial. It represents a 74% increase of the code maximum 20% lot coverage limitation. 4. The difficully has been self-created. 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 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, safely 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 Goehringer, and duly carried, to DENY 31% lot coverege on Plan A and DENY the covered entry as requested on Plan A, and to GRANT alternative relief, as follows: 1. That the setbacks for the front and rear shall be limited, allowing either the front 6' x 5' landing plus existing steps, and the rear 18'4' x 15' screened porch addition which is shown on the south elevation plan dated 2-27-2006 prepared by Penny Lumber; OR alternatively the front 4'10" x 16.25' L. open deck addition plus 6x5' side steps, and rear Page 3 - June 8, 2006 Appl. No. 5896 - K. and V. Cotton 54-5-50 at Southold 18'4" x 14' screened porch addition as shown on Plan B prepared by Penny Lumber dated 4-25-2006, and 2. The lot coverage shall not exceed a maximum of 30 percent of the lot size under any building plan. 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 Oliva (Chairwoman), Goehringer, Simon and Weisman. Nay: Member Dinizio. This Resolution was duly~opted (4-1). Ruth D. Oliva, Chairwoman 8/812006 Approved for Filing ,I /'% ' [ Lq '4 EA mlt,,l~ / Ii ~" '%, TO TA(I:. M "/,eL,, Llr,,'klo,