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HomeMy WebLinkAbout6213 APPEALS BOARD MEMBERO Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northlbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 RECeIVeD . · DEC 8 2008 MEETING HELD NOVEMBER 13, 2008 SCt..,~ ~, . Town Clerk ZBA it 6213 - HELEN and PETER LOUCA, APPLICANTS PROPERTY LOCATION: 475 Miriam Road, Mattituck CTM 99-1-32 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. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 10,500 square foot parcel measuring 50.0 feet along Miriam Road to the south, 210.0 feet along the west and the east lot lines, and 50.0 feet along the north lot line. The property is improved with a single-family house shown by a site survey map prepared by James Deerkowski, P.E. dated August 6, 2008. BASIS OF APPLICATION: This request for a Variance under Section 280-122A and Section 280-124 is based on the Building Inspector's August 18, 2008 Notice of Disapproval, amended August 8, 2008, concerning additions and alterations to an existing single-family dwelling, for the reason that the new construction is in violation of the code'required single side yard setback of 10 feet and a total side yard setback of 25 feet. 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: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow reduction in a single side yard setback to 7'3" at its closest point and 11 feet as Page 2 - November 13, 2008 ZBA # 6213 ' HELEN and PETER LOUCA, APPLICANTS CTM 1000'99'1'32 shown on the august 6, 2008 site plan, resulting in total side yard setbacks of 19'3" for the construction of a second-story balcony, and extension of the second floor with total side yards at 23 feet. 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). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The footprint will remain the same except for the setback at 7' 3" for the second floor balcony which will extend 3' 8" feet into the side yard. 2. Town Law §267-b(3)(b)(2). The benefit of increased second-floor living space in a nonconforming dwelling cannot be obtained without a variance. The existing dwelling has side setbacks of 11 and 12 feet, and a nonconforming total setback of 23 feet, where the code requires 25 feet. 3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The additional nonconformity will be a result of the addition of a second floor balcony which will extend only 3' 8" to into the side yard. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created only so far as the applicant wishes to expand the second floor of a +/- 27-foot wide house on a 50 foot wide 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. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an addition to the second floor of their house, while preserving and protecting 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, a motion was offered by Member Simon, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the August 5, 2008 elevation Page 3 - November 13, 2008 ZBA # 6213 - HELEN and PETER LOUCA, APPLICANTS CTM 1000'99'1'32 and floor diagram Sheets i to 5, and the August 6, 2008 site plan, prepared by James J. Deerkoski, P.E. 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 Goehringer (Chairman), Olive, Simon and Dinizio. Abse~~~w~ duly adopted (4'0). Z S 35'c0'0'' E 210.00' BLDG. ENVELOPE C/~,~ aa 38°0'0'' 210.00' OI PROPERTY: 10.500.0 SQ. FT* EY~ST~NG HOUS£: 1422.7 SQ. FT. PORCH: 162.6.2 SQ. FT. DECK: 172.0 SO.FT. LOT COVEP~AGE: 16.7% L o 'r ,,~ '~ f LO f" :~¢7 ~ ~ -. ~. ~... ~'OZ'~: I-O'U. ?~'~,~ .'TO ), ,-lC.:. ¢ V~'P,A /~IOLC,~,,,'~,',,/ , IWA'TTITLJC I~ t,4 Y, ' COt. JNl"y SCALE: $'0'--/" ~ ~ J~t4 PIP~- ~I = CC. :,; ,';..',C 2 tV. CQIJ,VTY TITLE 5Llz-'~.,~i~,:, l'y ~l CO. AS SL.IPVEY~'E~ ~JLII','L II~ 1964. O"F'F© iA/. V,*".J~ TUYL ~ ~. v....._,"F...~ C £ic,'E;dS~.['J LA,'-,.cD SL/,.; ,,,. yC,,,~,.,,¢ /& H U [ REAR ELEVATION SCALE: 1/4" = 1'-0" RIGHT ELEVATION SCALE: 1/4" = 1'-0" AUG 2 6 2008 BOARD OF APPEALS I.=1_ FRONT ELEVATION SCALE: 1/4"= 1'-0" LEFT ELEVATION SCALE: 1/4" = 1'-0" BOARD OF APPEALc- FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED LOUCA PG. ] 2OO~ 8C,&LB I/4": I'O" JD iff-O" CONC. FTG. (TYp.) ¢ @ FTG. EXISTING FOUNDATION FOUNDATION PLAN SCALE: 1/4" = 1'-0' /REVIEWED BY ZeAl [SEE DECISION # LOUC:~, 1ST. FLOOR PLAN :INAL MAP ~"~ ,EVIEWED BY ZBA SEE DECISION # DATED SCALE: 1/4" = 1'-0' em. ~ 2OO~, SCALE 1/4': = I'0Il JD ......  % EXISTING BATHROOM :=:~ ........................ PIASTER BFDOOM ,, ,, '~-. (TO BE R/~VATED) ,~. DECK =~ ...................... . 2ND. FLOOR PLAN SCALE: 1/4" = 1'-0' L MAP REVIEWED BY' &EE DECISION # ,DATED~/[ / I'~ I~ FORM NO. 3 NOTICE OF DISAPPROVAL TO: CDR Consulting Corp (Louca) 250 Sound Beach Drive Mattituck, NY 11952 Please take notice that your application dated June 6, 2008 DATE: June 18, 2008 2008 For permit to construct additions and alterations to an existing single family dwelling and construct at Location of property 475 Miriam Road, Mattituck, NY County Tax Map No. 1000 - Section 99 Blockl Lot 32 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 10,454 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIII, Section 280-122A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing dwelling notes single side yard setbacks of 11 feet & 12 feet, respectively, and a total side yard setback of 23 feet. The proposed construction will result in a single side yard setback of 7.33 feet and a total side yard setback of 19.33 feet. Therefore, the proposed construction 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 single side yard setback of 10 feet and a total side yard setback of 25 feet. This Notice of Disapproval was written based on a site plan, dated June 2, 2008, by James Deerkoski, PE, and amended based on plans dated August 5, 2008, and a new survey dated August 6, 2008. CC: file, Z.B.A Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL TO: CDR Consulting Corp (Louca) 250 Sound Beach Drive Mattituck, NY 11952 Please take notice that your application dated June 6, 2008 DATE: June 18, 2008 Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. CC: file, Z.B.A For permit to construct additions and alterations to an existing single family dwelling and construct at Location of property 475 Miriam Road, Mattituck, NY County Tax Map No. 1000 - Section 9.~9 Blockl Lot 3~2 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 10,454 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIiL Section 280-122A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing dwelling notes a total side yard setback of 22.9 feet. The proposed construction will maintain that setback. Therefore, the proposed construction 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 total side yard setback of 25 feet. This Noli~e-o[ I ~isapproval was written based on a site plan~ dated June 2, 2008~ by James Dee~ski, PE) APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS fZ l"/~ .'^ D For Office Use Only ?, ~c~ Fee: $ ~ 0f-~ Filed By: LMCA~° ~.~= Date Assigned/Assignment No. Office Notes: AUG 2 6 ?F ParcelLocation: House N(~l' Street /w~/w~'w/w'W~o Hat ~-r..l'~t© ~-r~iD~,~5~t~j_ ~ SCTM 1000 Section q { Block / Lot(s) ~,3. Lot Size5~o ya,O Zone District t~/o I (WE) APPEAL THE.WR, ITTEN DETERMINATION OF THE BUILDING INSPECTOR ISSUED AND DATED: ~ //t/~ i'~ Applicant-Owner(s): Mailing Address: Telephone: Email: // Fax: Cell: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: ~l/w ~' ~iPt ~c ~'~--- Telephone:~/6 -~- ~da~ Fax: ~/-~/~ Email: ~t~ ~ ~ Please specify who you wis~ c~espondence to be mailed to, from the above listed names: ~ ApplicanUOwner(s) ~Authorized Representative ~ Other: WHE~BY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~uilding Permit ~ Certificate of Occupancy ~ Pre-Certificate of Occupancy D Change of Use ~ ~ Permit for As-Built Construction Other: ~ -* &-OJ'FOR: Provision of the Zoning Ordinance Appealed: (Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code.) Article ~<~t ~/ Section 280- c~ oo--/.,~ ¥ Subsection Type of Appeal. An Appeal is made for: I~.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 13 has l~has not been made with respect to this property UNDER Application # Year Jim ~1~ Page 2 W Application by: Assigned Application Office Notes: Pad A: AREA VARIANCE REASONS (affach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: (2) The benefit souglqt by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is got substantial because: (4) The variance will NOT have an ad. verse effect or impact on the physical or env~ronmenta/I'~/4-'''- conditions in the neighborhood or district because: ~x,~ ~-J,,,~ (5) Has the variance been self-created? ( ) Yes, or (_) No. If not, is the construction existing, or as built? (~) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page lo apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the si.qnature and notary area below. (Notary Public) .~-- Sig-natur~ 'of ~p ~-efl'6'nt or Authorized Agent (Agent must submit Authorizatio~l~.F~)ex] umsa., ~G'~no0'~.s 'u, ,,~.i.nb "~0 o~o~9~/o 'o~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved Disapproved a'c Expn-ation ~/~//~, 20 PERMIT NO. BUILDING~RMIT APPLICATION CHECKLIST Do yl~have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Pemfit Storm-Water Assessment Form Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT Date ~6~ ~ ,20 INSTRUCTIONS 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 premises 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 not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit 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 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 admit authorized inspectors on premises and in building lbr necessary inspections. ~a~/r~e o f~ ~ p~a°~m e5 a corporation) (M~ling address ~,~Splicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If ap~plicant is a corporation, signature of duly author/zed officer (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. ElectficiansLicenseNo. Other Trade's License No. I. Location of land on which proposed work ~jll be done: House Number Street Haml~ County Tax Map No. 1000 Section ~ ~ Block Subdivision dO//~ ~- ~ Filed Map No. Lot ~'*.~ Lot 2. State existing use and occupancy of premises and intended }}se an~ occup/gncy of. proposed construction: a. Existinguse and occupancy ~'-"¢,~-~ ,:~/~JZ7 b. Intended use and occupancy '~/~"'"~ ' 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~(~"~" Rear ~//t ~,~ Depth_ Height Number of Stories 2._ Dimensions of same structure with alterations or additions: Front Depth _4%7' (~ * Height 8. Dimensions of entire new construction: Front ~ 6, ' ¢ t, Height. Number of Stories 9. Size of lot: Front ._4-~ Rear '5 o cffb' '~ Rear Number of Stories Rear ...2~ ' 7" .Depth _Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated f 5~d 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES ,---- NO Will excess fill be removed from premises? YES 't-'-NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. ls this property within 300 feet of a tidal wetland? * YES NO / * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) 18. Are there any covenants and restrictions with respect to this property? * YES NO · IF YES, PROVIDE A COPY. CONNIE D. BUNCH Noteqt Public, State of New York No. 01BU6185050 Qualified in Suffolk County ~ Commission Expires April 14, 20/____~ ~d/.~' ~--t~ ~./~ 0,--¢-~, being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing cot[tract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perlbrm or have performed the said work and to make and file this application: that all statements contained in this application are tree to the best of his knowledge and belief'; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this (zgJrC-x day of ,~ 20 O~ Notary Public Signature err Applicant Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) (~ ~, e/.~'4-~fl Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~'/a ;11 dc r II. New Construction Areas (New Dwelling or New Addilions/Extensions): Dimensions of first floor extension: o~'~/~- O~*" ..~',,o ~-~:ff /.~/ri,, Dimensions of new second floor: .~'~- ~'/~ Dimensions of floor above second level: Height (from finished ground to top of ridge): .2/~ ~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IIL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on yoor property: Proposed increase of building coverage: ~ o ~, ~- Square footage of your lot: /o~ 3-,.o ~t~ Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the suwec)~remiseshi tn listed on the real estate market for sale? [2 Yes [~'No ~N there any proposals to change or alter land contours? o [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? /~'~' 2) Are these areas shown on the map submitted with this application? .~/4. 3) Is the property bulkheaded between the wetlands area and the upland b~u~/~/~g area? 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. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ,,a/~' (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? .~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? "~ If yes, please label the proxinfity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel _.~,.~/~e~ ~,-~ and proposed use ~.~7(e~ples.' ex~ing:~ ~'~ single-family; proposed: same with garage or pool, or other description.) Authoriz~ Signature and Date 2/05; 1/07 APPL .... x_ gA~AUTIONAL DISCLOSURE FORM ~-t:Ai:~/~O OWNER, CO~CT VE~EE ~AGENT: The To~ of Southold's Code of Ethics prohibits conflicts of interest on the pa~ of To~ officers and employees. The pu~ose of this fo~ is to provide info~ation, which can alert the To~m of possible conflicts of interest and allow it to take whatever action is necessa~ to avoid same. other enti~, such as a company. If so, in&cate the other person or company name.) else NAT~ OF ~PLICATION: (Check all that apply.) Variance Special Exception *Other ~lJg 2 Approval or Exemption -~~ from plat or official map ~ . .. ~ ..... ,:_ .,_"- ......... Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or t~ough your company, spouse, sibling, paxcnt, or child) have a relationship with any officer or employee of the To~ of Sot tholdV blood mama e or business interest." . ' .... a~e~hi- in which the To~ officer, or em lo ee has even a ~artial o~mrshi of or ~~ in which the 'Forum officer or em 8ha~ .... m ~ own OlI1Cer or enY 1o ee owns nlore than~le YES~~ NO If you answered "y~,,, complete the balanee of this~rm attd date and sign inhere indicatec~ Name of person employed by the Town of Southold: Title or position of that pe~son:_~ . ~ ...... Describe that relationship be~een yourself (the applicant, agent or contract vendee) and the Town officer or employee. Eitbm check the appropriate line A t~'ough D (below) ancot describe the relationship in the space provided. The Tox~ officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owner or.eater than 5% of the shares of the co.orate stock of the applicant (When the applicant is a co~)orati0n); ~ B) the legal or beneficial o~vner of any interest in a non-co~])orale entity (When the applicant is not a corporation); C) an officer, director, palmer, or employee of the applicanl; or ~_ D) the actual applicant. DESCRIPTION OF RELATIONSH~ ubm~tted this o/J day of Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 November~, 2008 Chris Rivera CDR Consulting 250 Sound Beach Drive Mattituck, New York 11952 Re: ZBA #6213 - Helen and Peter Louca Variance application Dear ~ Transmitted for your records is a copy of the Board's November 13, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to'. Building Department Planning Board Town Clerk (Original for filing) 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 August 29, 2008 Zoning Appeal No. 6213 Transmitted herewith is Zoning Appeals No. 6213 of P & H Louca- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Authorization Letter from Helen Louca to Christine Rivera to Represent them in this Matter, Letter from Chris Rivcra (Agent) Noting that she is not aware of any Covenants or Restrictions on this Property Dated August 5, 2008, 2 Pages (Both Sides of Pages), 1 Page of Photos of Property, Notice of Disapproval From Building Department Amended August 8, 2008, Copy of Survey Showing Existing Construction Dated June 11, 1964 Prepared by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Site Plan of Existing & Proposed Construction Dated August 6, 2008 Prepared by James J. Deerkoski, Licensed Professional Engineer, Architectures Plan of Proposed Construction Showing Elevations & Floor Plans Dated August 5, 2008 Prepared by James J. Dcerkoski Licensed Professional Engineer. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/27/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6213 LOUCA, P. & H. 1575 $600.00 AUG 2 7 2008 .So uthold Town Clerk $600.00 By. ¢/../ Thank, ,ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/27/08 * * * RECEIPT * * * Receipt~: 28230 Transaction(s): 1 1 Application Fees Reference Subtotal 6213 $600.00 Check#:1575 Total Paid: $600.00 Name: C, D R Consulting Corp 250 Sound Beach Road Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6213 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD 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: 10:00 A.M. HELEN and PETER LOUCA #6213. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's amended August 8, 2008 Notice of Disapproval concerning additions and alterations to the existing dwelling, which create a new nonconformance and increase degrees of existing nonconforming setbacks with regard to a single side yard at less than 10 feet and total side yard setbacks at less than 25 feet on this 10,454 square foot parcel. Location of Property: 475 Miriam Road, Mattituck; CTM 99-1-32. 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 3, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YO,RK~ 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 ~RiSTiN~,~ ~'O~NSKI NOTARY PUBLiC-STATE OF NEW YORK No. 01 .V061,05050 Q ~um~ ~' tt~ffotk County My C~ ~,~e~ ~eb uary 28, 2012 HEARINGS ~I~IClEREB?/GIVEN, pur- ~l~pter 280 (~ning).Wo~ ~,~,~,To~ Hall, 5~5 Main ~~N. and AR~ a~=d~ ~=tio~) go~ whi=h LOUCA #~13. Request for Variances under SUctions 280-122A and 280- 124, based on the Building Inspector's amended August 8. 2008 Notice of Dis- approva conceimn, g. additions, and .al' terations to the existing dwe rog, which crease d~grees of existing nonconform- ing setbacks with regard to a single side yard at less than 1¢ feet and total side yard setbacks at less than 25 feet on this 10.454 square foot parcel. Location of Property: 475 Miriam Roue.. Mattituck: 10:10 A.M. VINCENT LAROCCA ~6208. Request fo~ Variances under Sectmn 280-15. based on the BuiMing Inspector's May 30. 2008 Notme of Dis- a code-defined rear yard. at l g5 West Creek Avenue. Cutchogue: CTM 103- 10.35 A.M. PATR1CIA and ROB- to an ex,sting single-family dwelling at less d/an 75 feet from the bulkhead ad- 104-3-8. ance under Section 280-124. based on Der 6. 2008 Notme of D~sapproval con- cernmg a proposed new dwelling a[4ess demolinon of an existing dwelling), at 3120 Grathwohl Road. New Suffolk. CPM 110-8-7. propertma involved in this unmerger re quest are shown on the Map of Eastern Shores as: (1) CWM 33-2-27. vacant land. with a nonconforming area of 21.289 square feet. and 12! CTM 33 2-28 with a house, of a nonconformmg area of 20.602 square feet for CTM 33-2-28. Lo- cation: 1225 and 1135 Green Hill Lane, GreenporI, 1:00 P.M. S~I'EVE anti OLGA TENE- DIOS ~6198. Request for Variances un- der Sections 280-124. based on the Build- ing Inspector's June 30. 2008 amended Not,ce of Disapproval concermng a proposed new dwelling, after removal of the existing building(s) for placemem on a new location with pilings o~ other foundation after house is elevated, and a propdsed enlargemem to connect the re- located house to the ex~st~ng garage. The property has zero buildable land. being on the sea side of the Coastal Erosion Hazard Line. The Building Inspector's reasons for d~sapproving the building permn appbcaUon are that the proposed cons[ruction will be: I tess tha~ 40 feel on a fronl yard:/2/less than 15 feet for a single side yard setback. 3 less than 35 feet total side yard setbacks, and 311o~ overage exceeds the code limitation of 20% (100% lot coverage for zero build- able land area~ Location of Property: 1625 North Sea Drive. Southold: CTM I000-544-18 (adlacem to dunes and Long Island Sound,. 1:30 P.M. (Continued Hearing,*: 2000 BROADWATERS LLC ~6186. Request for a Variance under Secuon 280-t24, based on the Building Inspector's May 12. 2008 Notice of Disapproval con eermng a proposed new dwelling with a setback at les,~ than the code required 35 feet from the front lot line after de molishing the existing building), al 2000 Broadwaters Road. Cutchogue; CTM The Board of Appeals will hear alt persons, or their representauves desir- Ing to be heard at each hearing, and/or desiring to submil written slatements before the conclusion of each hear reg..Each h~aring will not start earlier *~an designated above. Files are avail- able for re,hew during regular busigess hours and prior to the day of the hear- hag If you have quesuons, please do not hesitate lo contact our office at t631 Town.Southold.ny.us Dated: October 9. 2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN 11:00 A.M. ESTATE OF SUSAN BY LINDA KOWALSKI DELEO #6229. Requested is a L~J~A C-~&~3q~]v~cliP:]R~oad Office Location) Waiver under Section280-11 to unmerge ,~ , ,~3,~.~, ain Road (Maigng/USPS) two properues based on the Building In- '~'~ "~' -*; PO. Box 11~9 spector's August 6. 2008 Nohce of Dis- Southold NY 11971-0959 approval, citing Section 280-10. The ~wo 9041-1T 10/16 7/25/08 To Whom It May Concern: I, Helen Louca, authorize Christine Rivera to act as my agent before the ZBA. Helen L~ca SHEIKH DEEN NOYARY PUBLIC, State of NewYork No. 01DE6170388 Qualified in Queens County Commission Expires Ju~y 9, 2011 < ** TOWN OF '~ OWNER STREET ..~ ?~, VILLAGE LOT ~.. ~ FORMER OWNER N E DISTRICT SUB. ACREAGE TYPE OF BUILDING S W R?~.~S..%'~/~ SFAS. VL FARM ! COMM. I IND. I CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Ac re ~ELOW Value Per Acr~ ABOVE FRONTAGE Value DOCK 99.-1-32 11/07 tension /~- ~1 /~ ii.j- B(:sement ,~., ~_ (.._ Floors j~ /~ X~ ~ .~/~ ~Z~J Ext, WaJJs ~ ~kk ~.. Interior Finish ~ I Roof Type ~;b ~ / ~ ~ ~: Porch Roo= 1st Floor ~ew~ ~ ~ ~ (~ ,~%~ ~O ~ Patio Rooms 2nd Floor I _ / Dr~eway Dormer ~rage B~ Foundation Beth ~csement Floors ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ~ AFFIDAVIT ~{1,~ ~ . .--O ~ ¢ ~ OF (Name of Applicants) MAILING S CTMParcel #1000- ~'~'~ I -....2 ............................ ~-------~- ........ ........ X COUNTY OF SUFFOLK) STATE OF NEW YORK) J~ t g y , pose and'say tha~ ' On the/~Z~day o( ~/~ ~ ,. , I personally mailed at the United States Post Office in/1~,~/'/7/O~/~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTE~,-a tru~ copy of the attached Legal Notice in prepaid envelopes addressed to current ovmers shown on the current assessment roll verified from the official records on file w/th the (N~Assessors, or ( ) County Real Property Office , for every properly/gvhich abuts and is across a public or privg;e street, or vehicular right-or-d,ay of record, sm-rounding the applicant's property. Sworn to before me this day of Oc)(" ,200 ~' (Notary Public) (Signature) PLEASE list, ou the hack 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 m Return Receipt F~ (Endorsement Requlm~ Restdcted Delivery Fe~ (Endorsement Required Total Postage & Fee.~ $2.20 $0.00 05` ~ !0/'!i/2008 [2] $0.42 $2.20 $0.00 ~ i~/:~ $ $5.~2 m [~ Ceffided Fee $2,70 ~ $2.20 $0.00 $ '$5.;2 I0/!I/~:- U $ E Postage Cerllfied Fee $2,70 $2.20 , Hem. $0.00 % $5.5,2 .!/~ Postage USE $0.42 0952 ? $2.70 0~.~' Postmark $2.20 ~' Here $0.00 :K~.~c 10/'11/2008 Postage $0.42 $2.?0 03 $2.20 $0.00 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Idemified as ~ooo-c?/J - / - ,4~ ....... ZZL. ...... /__ ...... ~__~. ............... x COUNTY OF SUFFOLK) STATE OF NEW YORK) //~,4 r-~ ~'~New 5 ork, being duly sworn, depose and say that: / On the off/ day of ~5~r_./.,/~___e4, . __, I personally placed the Town's official Poster, ~4th the date of hearing and nature of my application noted thereon, secarely upon my property, located text (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 flint / i hereby confirm that the Poster has remained in place for seven days prior to th'at date 0f the subject hemSng date, which hearing date was shown Io be (Sig~ture) Sfom to beforp~me this c~ ,~day of ff_~,'fl' ,200~f ~ot~y Pubhc) ~ualified in Nassau / Suffo~Cou~ieq~ *near the cntT~cc or driveway cntrancc of my prope~y, ~ the area most visible to passersby. · Complete Items 1,2, and 3. Also complete item 4 ff 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. Article Addressed to: ' \I~ ~'~ er daiiverJ add tess below: [] NO [] ~ Mail r-I Express Mail 4. Restricted Detive~ (Ex~a Fee) [] Yes 2./kfficleNumber 7005 3110 0000 0992 6005 (Transfer from s~a~e labeO PS Form ~81 '1, February 2004 Domestic Return Receipt · Complete Items 1,2, and 3. Alan complete Item 4 ff Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number B. R~ived b~ iP6nt~d Na~) C. Date of Daiive~ D. Isdelive~yadd~"~iffe~e~t~D~'rli'~t~ml? []Yes 4. Restrtcted Delivery? (Extra Fee) [] yes' 7005 3110 0000 0992 6050 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the fn3nt if space permits. 1. A~ticie Addressed to: · T ..~ Agent If YES, enter delivery address below: [] No [] Cedffied Mail [] Express Mall [] Registered [] Return Receipt for Merchandise 4. Rest]~cted Delivery? (Extra Fee) [] Ye~ 7005 3110 0000 0992 6029 PS Form 3811, February 2004 Domestic Remm Receipt ~025ss-02~4540 · Complete items 1, 2, and 3. Also complete item 4 if Restdctsd Delivery is desired. · PHnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. D. Is delivery address dEferent If YES, enter delivery address 3. Se~ce Type i-I Cmt;fled Mail [] Express Mail [] Reglstel~d [] Retum Receipt fo~ Merchandise r-I Insured Mail [] C.O.D. 4. ,~,~bic.~ed Dailvery? (Ex'ba Fee) F'I Yes 2. A~Jcle Number ~om~ 6012 PS Form 3811, February 20_, 7005 3110 0000 0992 signature rl Agent Received by ( printed Name) . Date of Detive~/ Oyes D. Isdetive~yeddmssdi~smntfl~mltaml? I-~ No If yES, enter delivery address below: lete items 1 2, ~nd 3. Also complete · Comp .. ~,estricted De very is desired. so tu 7' ~ ,^ the back of the raallplece, · Attach this ca~ Lv or on the front if space permits. "~- 3. Sew~eType ri Express Mail 2 ~~ LIUuu '~ ' 102595-92-M-1540' = Ps Form 3811, February 20~4 · ' ~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: htlp://southtown.northfork.net October ~, 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 13th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing 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 hearing, 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 Mailing (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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LOUCA, P. & H. #6213 MAP # 99-1-32 VARIANCE SETBACKS REQUEST Additions & Alterations DATE: TH URS, OCT. 30, 2008, 10:00 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 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~Address 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: _ Fax # TOTAL NO, OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFEREN C~,? [~Ug(iENT E]F¢)t y~ RUI'DAFI~ E] PLEASE COMMENT [~ AS REQUESTED [] .... NOTES/COMMENTS: Please find attached copy/copies of dm followi~g: Thmxk you. Sender's Initials: 7/25/08 To Whom It May Concern: I, Helen Louca, authorize Christine Rivera lo act as my agcnt before the EISA. Sincerely, Helen L~a